say, no. Fact and feat are originally one word; the Latin factum becoming, in French, feat: but the verb fight is of Gothic origin; and, according to Adelung, etymologically connected with the root fist, in Low-Dutch vugst; as pugnare from pugnus. Fist, according to Junius, is deduced from the root, fight.

In the chapter on Case (p. 116.), Mr. Gilchrist proposes to discard the accusative cases of our personal pronouns, and to employ, as in substantives, the nominative form instead. This would occasion frequent obscurity, and give to the imperative mood the appearance of the interrogative form. Translate, for instance, into this Gilchristian English, these words of Pope :

"No, fly me, fly me, far as pole from pole:".

and they must be written

"No, fly I, fly I, far as pole from pole:"

which would be mistaken for a question; or these words of Gray: "Now my weary lips I close; Leave I, leave I, to repose.'

in which form the sentence would seem unfinished; and to require regimen. Yet Mr. Gilchrist thus appeals to our patriotism in behalf of this rash innovation.

• Let the influential personages of the literary world, particularly the corps diplomatique of reviewers (as powerful in the modern republic of letters as lawyers in the state), and the writers in all the periodicals, and all the gentlemen of the press, discard accusative cases of pronouns. In making an experiment upon established usage, they have an opportunity of trying their strength and of proving their power. If they will not hazard a little innovation for the sake of simplicity and utility, let us give arbitrary grammar the usual valediction esto perpetua. The author will at least possess the satisfaction of having abated its pretensions.'

When Mr. Gilchrist contends for writing hisself and theirselves, instead of himself and themselves, he defends analogy against euphony, and deserves attention. Self is certainly a substantive signifying soul, and should be united with the possessive, not with the personal pronoun.

The best chapter in this treatise appears to us to be that on Prefixes and Affixes. The examples cited by Mr. G. in treating upon this branch of etymology, extend to all the most common terminations in use in our language: but his conclusions are not always satisfactory. We suspect the affix ship to be derived from the verb to shape, to create; as the German schaft from schaffen, and not from super, as Mr. G. conceives most likely.

Mr. Gilchrist announces a Dictionary, of which the work here noticed is a sort of prospectus; and we doubt not but it will tend to shake many prejudices, and favor the cause of rational gram

mar.

LAW.

Art. 20. A Treatise on the Principles of Indemnity in Marine Insurance, Bottomry, and Respondentia; and on their Practical

Application in effecting those Contracts, and in the Adjustment of all Claims arising out of them. For the Use of Underwriters, Merchants, and Lawyers. By William Benecke, of Lloyd's. 8vo. pp. 498. Boards. 17. 1s. Baldwin and Co. 1824. Although this treatise relates to a subject which involves much intricacy and perplexity of detail, it is in itself remarkable for precision and perspicuity. The treatises by Park and Marshall on the law of insurance, admirable as they are, in many instances, report cases, which have been decided in the courts of law, at greater length than the ordinary occasions of business can require: but Mr. Benecke has presented the results of the decisions in a manner at once compendious and clear. His arrangement of his materials is also extremely good; and the comments which he makes on many of the decisions show much reflection, as well as that tact in glancing at remote consequences, which nothing but practical habits and long experience can communicate on any subject. The doctrine of particular average has been before elucidated in many points by Mr. Stevens and Mr. Strickland: but we think that the chapter on this subject in the present volume removes many difficulties which still enveloped the matter; and Mr. Benecke has succeeded in introducing some very complicated calculations in such a luminous manner, that they become interesting from the clearness of the notions which are presented to the mind in gradual succession.

The passages, in which Mr. B. shows that, when the goods arrive at the place of destination, the amount of the particular deterioration can only be ascertained by a calculation on the gross proceeds, deserve much consideration. It is a point on which great difference of opinion has prevailed; but, if the system on which total losses are uniformly adjusted be correct, the author's conclusions from the analogy of such cases seem quite irresistible. We will do him the justice to let him express his own reasoning in his own language, and the rather because it rests on what may be termed a cardinal principle of the treatise.

'It has been fully shown in the first chapter, that there are two modes of insuring goods, and of indemnifying the assured: one, according to which the assured is to be placed in the situation after a loss, in which he would have been if the loss had not taken place; and another, by which the assured is to be placed, as to the goods insured, in the situation in which he was before the adventure; that of these two modes, the latter is exclusively adopted, and that, according to theory, law and practice, the meaning of a policy on goods (unless it contains different stipulations) is, that in case of deterioration of the goods by any of the perils insured against, the quantity or extent of the deterioration shall be ascertained by comparing the gross amount of the sales of the damaged goods with the gross amount which the same goods would have produced if sound, and that the underwriter shall pay the same proportion of the original value of the goods including all charges till on board, or of the value in the policy, which represents that original value. Thus, if a quantity of

15

coffee,

coffee, valued at 1000, would have sold at 100s. per cwt. if sound, but on account of being sea-damaged, sells at 75s., the amount of the deterioration is one fourth, or it is the same, as to the goods themselves, as if three fourths had arrived sound, and one fourth had been annihilated; the underwriter, therefore, will have to pay one fourth of 1000l., or 250l. The same sum the underwriter will have to pay, whether the goods come to a favourable or a depressed market, whenever the comparison between the sound and damaged goods shows the deterioration to be one fourth.

It being thus established, that the underwriter shall have nothing to do either with the state of the market, or with the loss on landing expenses, freight, duty, &c., accruing in consequence of the deterioration, for this simple reason that no premium is paid for those items; it will be very easy to show, that all other modes of adjusting particular average, except that on the principle of the gross proceeds, are erroneous. It will be sufficient to prove, that they all involve those items which are foreign to the contract of insurance upon goods.

⚫. These modes are: 1. Adjusting the loss on the difference be tween the sound and damaged sales, without a reference to the cost; 2. As a salvage loss; 3. On a comparison between the net produce of the sound and damaged goods.

I. When the underwriter pays the difference between the sound and damaged sales, or, which comes to the same, when he replaces the damaged article with a sound article of the same description and quality, it is clear that the assured will be placed in the situation in which he would have been if the loss had not occurred; that consequently he will be indemnified according to the first mode of insurance, which comprises the expenses, duty, and freight, payable at the place of discharge, and the profit or loss of the market, although the insurance was made according to the second mode, by which only the prime cost or value of the goods regards the underwriter.

II. When the underwriter pays the difference between the prime cost, &c., or between the valuation in the policy which represents the prime cost, and the net proceeds of the damaged goods, the assured, it is true, will be placed in the situation in which he was prior to the adventure; but he will be so, not only with respect to the goods, for which alone he paid a premium, but also with respect to the charges, freight, and duty, for which he had paid no premium; and moreover, the state of the market will influence the calculation. Supposing the deterioration to be one fourth, and this loss to be counterbalanced by the rise of the market; then the underwriter will pay nothing, although by his contract he was bound to pay one fourth of the original value. On the other hand, supposing the article to come to a losing market, the underwriter will have to make good the loss of the market over and above the depreciation occasioned by seadamage. This mode, in fact, is equal to abandoning goods under circumstances where no abandonment ought to take place.

III. When

III. When the difference of the net proceeds of the sound and damaged goods is made the scale of comparison, to ascertain the quantity of the loss, and to determine the proportion which the underwriter has to pay of the prime cost, &c., or of the value in the policy, then the underwriter's liability will also depend upon the state of the market, and upon the amount of freight, charges, and duty, and will vary with these items. Suppose the freight, charges, and duty on goods, valued at 1000%. to be 100%., then, if the gross proceeds of the sound would have been 12007., and the gross proceeds of the damaged are 600l., the calculation, according to the net proceeds, will be as follows: Gross proceeds of the sound goods

less charges, &c.

£1200

100

1100

£600

100

500

600

therefore, as 1100/. (the sum insured, and 100l. profit) are to 1000l., (the sum insured,) so are 600l. (the loss after deducting the charges) to

1000 x 600
1100

(the sum which the underwriter has

to pay). Now the latter term clearly shows:

1. That the sum which the underwriter has to pay will decrease when the profit which the undamaged article would have yielded increases, because the divisor is then augmented while the dividend remains unaltered; and that it will increase when the profit decreases or is turned into a loss, because in that case the divisor is diminished while the dividend remains unaltered;

2. That the sum to be paid by the underwriter will increase with the amount of freight, charges, and duty; which is to be deducted from the gross proceeds.

Thus it is clear that the gross proceeds, or the market price of the goods, can be the only true scale of comparison to determine the deterioration.'

The chapters on Bottomry and Respondentia manifest a very accurate acquaintance with the laws of foreign states. Altogether, the researches of the author reflect great credit on his industry, intelligence, and accuracy; and the information which he has brought together is so well digested, that his treatise will no doubt be a very popular manual among those for whose benefit it is principally calculated, viz. merchants and underwriters.

MISCELLANEOUS.

Art. 21. The Village Pastor. By One of the Authors of "Body and Soul." 12mo. pp. 335. 8s. Longman and Co. 1825. The title-page of this volume led us to anticipate from our perusal a supply of such rational, pleasing, and acceptable instruction as might be expected from a country clergyman: our disappointment

16

pointment is therefore the greater on finding it what it is. Two volumes were some time since published, at different dates, called "Body and Soul," followed by another entitled "The Christian armed against Infidelity," all which seem to have been the offspring of a sort of co-parentage. The nature and character of each of these having been sufficiently noticed in our former numbers, vol. c. p. 175. ; - vol. civ. p. 402.; and vol. cvi. p. 213., we have occasion now to mention them no further than as the little production bere presented under the foregoing title claims a sort of kindred to them.

In introducing the Village Pastor to those beyond the sphere of his own quiet and retired circle, the author,' as he says, has only to remark by way of preface, that his design in adopting a mixed style of writing in conformity with the taste of the present day, is to represent, more attractively, the power and excellency of the Christian faith, reflected through the medium of the established Church.'- For ourselves, we cannot see where the power and excellency' of the faith we profess is more attractively' represented, in the garb thus furnished, than in the old suit heretofore worn. For an effort at the something attempted in the volume before us to be performed in a merely decent or passable way is not enough to do the cause of the church the slightest. good. It is not sufficient for a design of this sort to be laudable: in order to answer the professed object, the task of executing it must, moreover, be pre-eminently well done. As true disciples, then, of the principles of our established religion, we must express deep regret at seeing a work of this nature so inadequately turned.

out.

A mixed style' is spoken of as having been adopted, which said mixed style is, to our ear, uniformly dull-running on as much in one and the same key as the notes of a sheep-bell, or of a muffled drum. The piece is exhibited, certainly, in a dissected state, after the manner of most novels; and at the head of each new scene has been stuck a sort of meagre posy, with a view to make it, as we suppose, at first appearance, the more alluring. Not, however, to be thought more censorious than is just, it is proper that we should appeal to the judgment of our readers by a quotation or two, from which the talents of the writer, viewed as he now is, single-handed, may be estimated: but in making our extracts we are urged, as well by the unimportance of the work as by our own limited to be brief. space, -The second chapter is chiefly occupied with the description of a village church, and occasional reflections upon particular objects and circumstances connected therewith; among which the constant appearance of the aged portion of the village flock at public worship is noticed, and accompanied with the following sentiment.

'There is something of almost feudal affection in those who love to worship their Almighty Father in the house where their earthly fathers bowed, to the spots indented by their knees. It is an affection associated to the best feelings of the heart; and baneful is that effort, unallied to spiritual purity, which would destroy a principle grounded in "the form of godliness" vouchsafed to

us