BAR 



winde rcfponfible for tlie barratry' of tlic niafler and mariners. 

 With lis the law permits the owner of the fliip to be iiifiired 

 againll the mifcoiuluft of the captain and crew, though they 

 arc his own agents, and the perfor.s of his own choice. If 

 the captain be the infured, no agreement on the part of the 

 infnrers can make them hable for barratry committed by 

 himfelf ; but they may be hable, in fuch cafe, for the barra- 

 ti7 of the failors, in whicii he has no part. With us no 

 fault of tlie mailer or mariners amounts to barratry, inilcfs 

 it proceed from an intention to defraud the owners of the 

 fliip. Therefore if the mailer from ignorance, un(kilf\ilnef;, 

 or from any motive whith is not fraudulent, depart from the 

 proper courfe of the voyage ; this will be a deviation which 

 will avoid the policy, but it will not amount to barratry. 

 In France if by the policy the infured be proteiSed againll 

 the barratry of the mailer, the underwriters are anfvverable 

 for the mifconduft of the mariners alfo ; becaufe the term 

 mailer [patron) comprehends all the perfons on board who 

 are in the (liip's pay. Our policies arc more explicit, and 

 dilliniftly fpecify barratry of the mailer and mariners. Hence 

 it has been concluded, that with us, as in France, the mari- 

 ners may commit barratry, without the concurrence of the 

 mailer, or againll his will. Neverthelefs it has been held by 

 lord C. J. Lee, at Nifi Prius, that a deviation to which the 

 mailer was compelled by a veiy daring aft of violence and 

 dlfobedience on the part of the feamen, did not amount to 

 barratry, becaufe the fhip was not aftually run away with in 

 order to defraud the owners. The infurers, therefore, 

 were held to be anfwerable, and the plaintiff liad a verdidt. 

 This learned judge feenis to have thought, that nothing 

 Ihort of running away with the ftiip, with intent to defraud 

 the owners amounted to barratry : and yet in another cafe, 

 the conduft of the mailer was held to be barratry, though 

 certainly much more venial than that of the failors in the 

 former cafe. Hence it has been infei ted, that though the 

 captain conceive that what he does is tor the benefit of the 

 owners, yetif it be contrary to his duty to them, it is barratry. 

 An owner himfelf cannot commit baiTatry ; neither can it 

 be committed againll the owner, with his confc:it. If the 

 mailer of the (hip be alfo the owner, he cannot commit 

 barratry, becanfe he cannot commit a fraud againll himfclt. 

 Although it be a maxim in law, that fraud fliall never be 

 prefumed, but mull be llridlly proved ; and it is a rule in 

 ouellions of infurance, that he who charges barratry mull 

 fubllantiate it by conclufive evidence ; yet a cafe has oc- 

 curred, in which it was determined, that proof of the mailer's 

 having carried the fhip out of the regular courfe of the 

 voyage for fraudulent purpofes of his own is prima facte 

 fnfficient to entitle the plaintiff to recover, without .Viewing 

 negatively that he was not the owner, or that any otlier 

 pcrfon was the owner, or that this was not done with the 

 owner's confent. Though the words "in any lawful tra.le," 

 be infcrted in the policy, ildl the infurer is liable, if the 

 captain commit barratry by fnuig^ling on his own account. 

 It appears, that if a lofs do not happen within the time 

 prefcribed by the policy for the duration of the rin<, the 

 infurer will not be liable for it, though it be the undoubted 

 confequence of the aft of barratry. 



The offence of barratiy, in itfelf fo mifehievous, and fo 

 injurious to commerce, .is punifliable as a public offence, 

 according to the guilt of the offender, by every commercial 

 flate in Europe. In France, any fraud praftifed by the 

 mailer or mariners, with or without the privity of the 

 owners, and frauds committed by the owners themfelves, 

 are accounted barratiy, and very feverely puniflied. The 

 captain of a fhip was fentenced to the gallies for life, for 

 %uing falfe bills of lading in order to change- the voyage 



B A R 



and carry away t)ie goods ; and the owner, who was con- 

 vifted of being an accomphce in this crime, a;id of robbery 

 in caullng the fhip to be carried to a wrong port, and con- 

 verting the goods on board to his own ufe, v.as fentenced 

 to the gallies for five years. With us the llat. I Ann. ft. 2i 

 c. 9. ^ 4 & 5, makes it felony to deilroy any fliip to tiie 

 prejudice of the owners of the fliip or good^on board ; and 

 takes away the benefit of clergy from fuch offences, com- 

 mitted on the high feas. By llat. 4 Geo. I. c. 12. ^ 3. if 

 anv owner, captain, miiller, mariner, or other officer of any 

 fhip, fhall wilfully ca!l away, burn, orotherwife deftroy the 

 fhip of which he is owner, or to which he belongs, or in any 

 manner direft or procuethe fame to be done, to the preju- 

 dice of the perfon or perfons that fliall underwrite any 

 policy rf infurance thereon, or of any merchant that fliall 

 load goods thereon, he fliall fuffer death : and the flat. 

 II Geo. I. c. 29. takes away clergy from fuch offenders in 

 all cafes. Marlhall's Treatifc on the law of Infurance, 

 vol. ii. chap. 13. See Pirate. 



Barratry is alfo ufed in the law of England for the 

 offence of llirring up frequent fuits and quarrels among his 

 majefty's fubjefts. The term, however, is of foreign origin ; 

 and in Italy and other countries feems ordinarily to have 

 been applied to the traffic of eccleliallical benefices ; but 

 was afterwards ufed in a more general fenfe, as applicable 

 to all corrupt buying and felling of juflice. In Scotland 

 it fignified the corrupt purchafing of benefices or offices of 

 coUcftion, from the fee of P..onie, by perfons who left the 

 realm for that purpofe : a praftice, which had become fre- 

 quent, and was in various refpefts injurious to the realm ; 

 as a means of carr)'ing money out of it, without any return 

 of value, as prejudicial to the right of patronage in the king 

 or others, and to the free eleftions of the monks in the 

 monallerie:, both which the pt pe by prevention pretended 

 to exclude, and as contributing to raife the rate of taxation 

 upon benefices, by the falfe accounts which thofe luitors 

 for the office of colleftor carried to the pope. 

 B.^.RRE. See Bar. 



Bar RE, Leiu'is- Francis jofiph De La, in Biography, was 

 born at Touruay in 1688, and educated at Paris ; where he 

 applied to the lludy of the ancient languages and to the 

 collation of MSS with fuch affiduity, that he was recom- 

 mended to Anfelm Banduri, the learned Benediftine, as a 

 proper affillant in his antiquarian refearches. In confequence 

 of their joint labours, they publiflied the " Imperium Orien- 

 tale," and the coUeftion of the medals of the Ron^an emperors 

 from Decius. For tliefe fervices Barre had a penfion from 

 the grand duke of Tufcany. He alfo gave a new edition 

 of the " Spicilegium" of Luke d'Achery, in 3 vols. foL 

 pnnted at Paris in 1 723. He had alfo a confiderable Ihare 

 in the new edition of " Mureri's Diftionary" of 1725. 

 In 1727, he was tkfted a member of the Academy of In- 

 fcriptions, the memoirs of which he enriched by ftveral 

 v.-.luable papers, hiilurieal, chronological, geograpl'.ieal, and 

 niifccllancous. He alfo publilhed, in 1729, in one vol. 410. 

 " Memoirs for the Hillory of France and Burgundy," 

 known under the title of the '• Journal of Charles VT." 

 Befides other pubhcations of a lefs important nature, he 

 finilhed more than ico fclcft articles of a new and ample 

 diftionary of Greek and Roman antiquities ; but he was 

 prevented by death, in 173S, from completing his under- 

 taking. Moreri. 



Barre, jofcph, a learned hiftorian, was bom in 1692 ; 

 and entering into the church, he became firll a regular 

 canon of St. Genevieve, and afterwards chancellor of the 

 univerfity of Paris. He was diflinguiiTied for piety and 

 erudition, and for his induftry as a writer. His principal 



works 



