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C A U S AT I O N I N I N S U R A N C E
C O N T R A C T L AW
SECOND EDITION
MEIXIAN SONG
Designed cover image: Getty
Informa Law from Routledge is an imprint of the Taylor & Francis Group, an informa
business
The right of Meixian Song to be identified as author of this work has been asserted in
accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any
form or by any electronic, mechanical, or other means, now known or hereafter invented,
including photocopying and recording, or in any information storage or retrieval system,
without permission in writing from the publishers.
DOI: 10.4324/9781003243847
Foreword x
Preface xii
Table of cases xiv
Table of legislation xxviii
vii
C ontents
viii
C ontents
Index 241
ix
FOREWORD
x
F oreword
xi
P R E FA C E
xii
P reface
legal causation would require a book of its own. This book aims to unpack
the relationships between interpretation and the causation to the determina-
tion of insurance indemnity. In this second edition, there are major updates
in the chapter entitled Concurrent Causes, and three new chapters entitled
“Causation and interpretation,” “Causation and machinery for qualifying
losses” and “Causal notions under Insurance Act 2015: beyond the proxi-
mate cause of loss.”
Another aim of the second edition is to provide a more detailed account
of the comparison of causation theories in tort law and insurance law. Such
a comparison has been the subject of judicial scrutiny in the UK Supreme
Court decision of the FCA test case. Causation and the allocation of liability
have traditionally been viewed as different in insurance law compared to
criminal or the law of tort. Through the comparison, this book highlights that
it is not necessary to isolate causation in insurance contracts from the central
debate surrounding the common question regarding the roles of causation in
ascertaining and truncating legal liability.
I must express my thanks here to Professor Robert Merkin KC and Dr
Johanna Hjalmarsson for the invaluable support on this edition and guidance
on the first edition.
Meixian Song
July 2023
xiii
TA B L E O F C A S E S
xiv
T able of cases
xv
T able of cases
xvi
T able of cases
E. D. Sassoon & Co. v Western Assurance Co. [1912] AC 561 ��������� 134, 153
E.D. Sassoon & Co. Ltd v Yorkshire Insurance Company [1923]
16 LlL Rep. 129 ���������������������������������������������������������������������������������� 183
Elfie A. Issaias v Marine Insurance Co., LTD. (1922) 13 LlL Rep 381 ������218
Environment Agency v Empress Car Co. (Abertillery) Ltd [1998]
UKHL 5, [1999] 2 AC 22���������������������������������������������������������������� 39, 79
Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019]
EWCA Civ 718 ���������������������������������������������������������������������������� 100, 172
EUI Ltd v Bristol Alliance Ltd Partnership [2012] EWCA Civ 1267 ���������174
European Group v Chartis [2012] EWHC 1245 (QB); (Comm) ������� 133, 223
Eurus [1998] 1 Lloyd’s Rep. 351 ������������������������������������������������������������������ 70
F. W. Berk & Co. Ltd v Style [1955] 2 Lloyd’s Rep 382 ����������������������������� 187
Fairchild v Glenhaven Funeral Services Ltd (2002) UKHL 22;
[2003] 1 AC 32 ����������������������������������������������������������������� 18, 83, 124, 218
Fawcus v Sarefield (1856) 6 E&B 192 ������������������������������������������������������ 160
FCA v Arch [2021] UKSC 1 ����������������������������������������������� 24, 28, 30, 32, 203
Fenton v Thorley & Co Ltd (1903) AC 443 ����������������������������������������������� 169
Fidelity and Casualty Company of New York v Mitchell [1917] AC 592 ���� 67
xvii
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xviii
T able of cases
J.J. Lloyd instruments Ltd. v Northern Star Insurance Co. Ltd (The Miss
Jay Jay) [1987] 1 Lloyd’s Rep 32�����������67, 103, 104, 109–112, 114, 118,
121–122, 124, 126, 127, 131–134, 139, 151, 152, 164, 165
Jacob v Gaviller (1902) 7 Com Cas 116 ���������������������������������������������������� 145
James Yachts v Thames & Mersey Marine Insurance Co. [1977]
1 Lloyd’s Rep 206 ������������������������������������������������������������������������������� 148
Jobling v Associated Dairies [1982] AC 794 ����������������������������������������������� 82
John Cory & Sons v Albert Edward Burr (1882–1883) LR 8 App
Cas 393 ��������������������������������������������������������������������������������������46, 47, 49
JSM Management Pty Ltd v QBE Insurance (Australia) Ltd
[2011] VSC 339 ����������������������������������������������������������������������������133, 183
xix
T able of cases
Kacianoff v China Traders Insurance Co. Ltd [1914] 3 KB 1121 ������������� 188
Kajima UK Engineering Ltd v Underwater Insurance Co. Ltd
[2008] Lloyd’s Rep IR 391 �������������������������������������������������������������������� 65
Kamilla Hans-Peter Eckhoff KG v AC Oerssleff’s EFTF
A/B (The Kamilla) [2006] EWHC 509 (Comm); [2006] 2
Lloyd’s Rep 238 ������������������������������������������������������������������������������������ 60
Kastor Navigation Co Ltd and Another v AGF M A T and oth-
ers (“Kastor Too”) [2002] EWHC 2601 (Comm), [2003] 1
Lloyd’s Rep 296 ���������������������������������������������������������������������������������� 205
Kastor Navigation Co. Ltd v Axa Global Risks (UK) Ltd (The
Kastor Too) [2004] 2 CLC 68��������������������������������������������������������� 51, 119
Kelly v Norwich Union Fire Insurance Ltd [1990] 1 WLR 139 ���������������� 126
Kish v Taylor [[1912] A.C. 604] ����������������������������������������������������������������� 163
Kitchen v Royal Air Force Association [1958] 1 WLR 563 ������������������������ 95
Knight v Faith (1850) 15 QB 649 ��������������������������������������������������������������� 126
Koebel v Saunders (1864) 17 CB(NS) 71 �������������������������������������������������� 181
Kopitoff v Wilson (1875–1876) LR 1 QBD 377 �������������������������������������������110
Koufos v C Czarnikow Ltd (The Heron II) [1967] 2 Lloyd’s Rep
457; [1969] 1 AC 350
������������������������������������������������������������������������������������������������������������ 102, 198
Kusel v Atkin [1997] CLC 554 ��������������������������������������������������������������������� 51
Kuwait Airways Corp v Kuwait Insurance Co. SAK [1996] 1
Lloyd’s Rep 664; [1999] CLC 934
�����������������������������������������������������������������������������������������������������116, 126, 173
Kuwait Airways Corporation v Iraqi Airways Co (Nos 4 and 5)
[2002] UKHL 19 ������������������������������������������������������������������������������������ 7
xx
T able of cases
xxi
T able of cases
N. E. Neter & Co. Ltd v Licenses & General Insurance Co. Ltd
(1943) 77 LlL Rep 202 ���������������������������������������������������������������� 151–152
N. Michalos & Sons Maritime SA v Prudential Assurance Co.
(The Zinovia) [1984] 2 Lloyd’s Rep 264 ��������������������������������������209, 210
Nacional v Hispanica Aseguradora SA [1978] AC 853 ������������������������������ 60
National Justice Compania Naviera SA v Prudential Assurance
Co Ltd (The Ikarian Reefer) (No. 1) [1995] 1 Lloyd’s Rep 455 ���������� 209
National Oilwell (UK) Ltd v Davy Offshore Ltd [1993] 2 Lloyd’s
Rep 582 ����������������������������������������������������������������������������������������������� 189
Naviera de Canarias SA v Nacional Hispanica Aseguradora SA
(The Playa de las Nieves) [1978] AC 853, [1977] 1 Lloyd’s
Rep 457 ������������������������������������������������������������������������������������������������179
Navigators Insurance Co Ltd v Atlasnavios-Navegacao Lda
(formerly Bnavios-Navegacao Lda) (The B Atlantic) [2018]
UKSC 26; [2019] AC 136 ���������������������������������������������������� 104, 117, 118
Netherlands v Youell & Others [1998] 1 Lloyd’s Rep 236, [1998]
CLC 44�������������������������������������������������� 159, 175, 176, 177, 189, 190, 191
Nicholson v Atlas Steel Foundry and Engineering Co Ltd ������������������������� 87
Noten v Hardings [1990] 2 Lloyd’s Rep 283 ������������������������������������������������ 16
Novartis Grimsby Ltd v Cookson [2007] EWCA Civ 1261 ������������������������� 86
xxii
T able of cases
P Samuel & Co. Ltd v Dumas [1924] AC 431 ���������������������111, 127, 176, 177
Pacific Chemicals Pte Ltd v MSIG Insurance (Singapore) Pte
Ltd. [2012] SGHC 198 ���������������������������������������������������������������� 102, 193
Pan Atlantic Co. Ltd v Pine Top Insurance Co. Ltd [1994] 2
Lloyd’s Rep 427 ���������������������������������������������������������������������������������� 236
Parker v National Farmers Union Mutual Insurance Society Ltd
[2013] Lloyd’s Rep IR 253 ������������������������������������������������������������������ 208
Parker v Potts (1815) III Dow 23 ��������������������������������������������������������������� 225
Performance Cars v Abraham [1962] 1 QB 33 CA ������������������������������������� 81
Petroleo Brasileiro SA Petrobras v ENE 1 Kos Ltd (The Kos)
[2012] UKSC 17; [2012] 2 AC 164 ������������������������������������������������������111
Pickup v The Thames and Mersey Marine Insurance Company
(1877–1878) LR 3 QBD 594����������������������������������������������������������������� 226
Piermay Shipping Co. S.A. and Brandt’s Ltd. v Chester (The
Michael) [1979] 1 Lloyd’s Rep 55�������������������������������������������������������� 209
Pink v Fleming (1890) L.R. 25 QBD 396 ����������������������������������������45, 49, 178
Polemis v Furness Withy & Co (1921) 8 LlL Rep 351; [1921]
3 KB 560 ��������������������������������������������������������������������������������������������� 198
Polladio Holdings Limited v The New India Assurance Company
Limited [2023] NZHC 1147 ���������������������������������������������������������������� 138
Prenn v Simmonds [1976] 1 WLR 1381 ������������������������������������������������������ 32
Promet Engineering (Singapore) Pte Ltd v Sturge (The Nukila)
[1997] 2 Lloyd’s Rep 146 �������������������������������������������������������������148, 155
xxiii
T able of cases
xxiv
T able of cases
Standard Life Assurance Ltd v Oak Dedicated Ltd [2008] 1 CLC 59 ������ 169
Stanley v Western Insurance Co. (1868) LR 3 Ex 71 �������������������������������� 124
State Farm Fire & Cas. Co. v Slade 747 So2d 293 ������������������������������������143
State Farm Mutual Auto Ins Co. v Partridge 10 Cal3d 102 (1973) ��� 136, 137
Steelton (No. 2) [1979] 1 Lloyd’s Rep 431 ��������������������������������������������������� 70
Stonegate Pub Co Ltd v MS Amlin Corporate Member Ltd and
Others [2022] EWHC 2548 (Comm) �����������������������������������172, 201, 202
Strive Shipping Corporation v Hellenic Mutual War Risks
Association [2002] 2 Lloyd’s Rep 88; [2003]1 CLC 401 ������������� 191, 210
Suez Fortune Investments Ltd & Piraeus Bank AE v Talbot
Underwriting Ltd & Ors, The Brilliante Virtuoso [2019]
EWHC 2599 (Comm) ������������������������������������������������������������������������� 177
Suez Investment Ltd v Talbot Underwriting Ltd (The Brillante
Virtuoso) (No. 2) [2019] 2 Lloyd’s Rep. 485 ��������������������������������210, 212
Sun Alliance & London Insurance Group v North West Iron Co.
Ltd (1974) 2 NSWLR 625�������������������������������������������������������������������� 102
Sutherland Professional Funding Ltd v Bakewells (A Firm)
[2011] EWHC 2658 (QB); [2013] Lloyd’s Rep IR 93 ���������������������65, 169
Swiss Re International SE v LCA Marrickville Pty Ltd [2021]
FCA 1206; [2022] ILRP 13�������������������������������������������������������������33, 171
Syarikat Takaful Malaysia Berhad v Global Process Systems Inc.
[2011] UKSC 5, [2011] Bus LR 537 ������������������������� 18, 48, 104, 144, 151
Symington & Co. v Union Insurance Society of Canton Ltd
(1928) 32 LlL Rep. 287 ����������������������������������������������������������������������� 188
Tahir v Haringey Health Authority & Anr [1998] Lloyd’s Rep Med 104 ������� 85
Tatham v Hodgson (1796) 6 TR 656 177 [1921] 2 AC 41 �������������������181, 182
Taylor v Dunbar (1868–1869) LR 4 CP 206 ���������������������������������������� 45, 177
Ted Baker plc and Another v Axa Insurance UK plc and Others
[2017] EWCA Civ 4097; [2017] Lloyd’s Rep IR 682 ������������������ 206, 228
Tektrol Ltd v International Insurance Co. of Hanover Ltd [2005]
2 Lloyd’s Rep 701 ��������������������������������������������������������������������������������145
Thames and Mersey Marine Insurance Co. v Hamilton, Fraser &
Co. (The Inchmaree) (1887) 12 App Cas 484 ��������������������� 149, 155, 156
Theodorou v Chester [1951] 1 Lloyd’s Rep 204 ���������������������������������������� 216
Thomas v London and Provincial Marine and General Insurance
Co. Ltd (1914) 30 TLR 595������������������������������������������������������������������ 164
Thomas v Tyne and Wear Steamship Freight Insurance
Association [1917] 1 KB 938 ���������������������������������������������������������������161
Thompson v Hopper (1856) 6 E and B 172; (1858)
El. Bl&El 1038 �����������������������������������������������������������������������������160, 163
Thompson v Whitmore (1810) 3 Taunton 227 �������������������������������������������� 151
xxv
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T A B L E O F L E G I S L AT I O N
xxviii
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“This spirit shall return to Him
Who gave its heavenly spark;
Yet think not, sun, it shall be dim
When thou thyself art dark!
No—it shall live again, and shine
In bliss unknown to beams of thine,
By Him recall’d to breath
Who captive led captivity.
Who robbed the Grave of Victory,
And took the sting from Death!”
The statue represents the Poet in his academic robes of Lord-Rector
and the relieved figure, with the torch, the triumph of immortal Hope,
as described in the following lines:—
“Eternal Hope! when yonder spheres sublime
Peal’d their first notes to sound the march of Time,
Thy joyous youth began, but shall not fade.—
When all the sister planets have decayed,
When wrapped in fire, the realms of ether glow,
And Heaven’s last thunder shakes the world below,
Thou, undismayed, shall o’er the ruins smile,
And light thy torch at Nature’s funeral pile!”
“Pleasures of Hope.”
[For these and the preceding lines, see Campbell’s Poems.]
Affixed to the pillar is a tablet—“Sacred to the memory of Christopher
Anstey, Esq., formerly a scholar at Eton, and fellow of Trinity College,
in Cambridge: a very elegant poet, who held a distinguished pre-
eminence, even among those who excelled in the same kinds of his
art. About the year 1770, he exchanged his residence in
Cambridgeshire for Bath, a place above all that he had long
delighted in. The celebrated poem that he wrote, under the title of
the Bath Guide, is a sufficient testimony; and after having lived there
thirty-six years, died in the year 1805, aged eighty-one, and was
buried in Walcot Church, Bath.”—Horwell, sculptor.
A tablet with a fine medallion,—“Sacred to the memory of Granville
Sharp, ninth son of Dr. Thomas Sharp, Prebendary of the Cathedrals
and Collegiate Churches of York, Durham, and Southwell, and
grandson of Dr. John Sharp, Archbishop of York. Born and educated
in the bosom of the Church of England, he ever cherished for her
institutions the most unshaken regard, whilst his whole soul was in
harmony with the sacred strain—‘Glory to God in the highest, on
earth peace, good will towards men;’ on which his life presented one
beautiful comment of glowing piety and unwearied beneficence.
Freed by competence from the necessity, and by content from the
desire, of lucrative occupation, he was incessant in his labours to
improve the condition of mankind. Founding public happiness on
public virtue, he aimed to rescue his native country from the guilt
and inconsistency of employing the arm of Freedom to rivet the
fetters of Bondage, and established for the Negro Race, in the
person of Somerset (his servant), the long disputed rights of human
nature. Having, in this glorious cause, triumphed over the combined
resistance of Interest, Prejudice, and Pride, he took his post
amongst the foremost of the honourable band associated to deliver
Africa from the rapacity of Europe, by the abolition of the Slave
Trade; nor was death permitted to interrupt his career of usefulness,
till he had witnessed that Act of the British Parliament by which ‘The
Abolition’ was decreed. In his private relations he was equally
exemplary; and having exhibited through life a model of
disinterested virtue, he resigned his pious spirit into the hands of his
Creator, in the exercise of Charity, and Faith, and Hope, on the 6th
day of July, a.d. 1813, in the seventy-eighth year of his age. Reader,
if on perusing this tribute to a private individual, thou shouldest be
disposed to suspect it as partial, or censure it as diffuse, know that it
is not panegyric, but history.—Erected by the African Institution of
London, a.d. 1816.”—Chantrey, sculptor.
Above is a bust of Charles de St. Denis, Lord of St. Evremond.—This
gentleman was of a noble family in Normandy, and was employed in
the army of France, in which he rose to the rank of Marshal; but
retiring to Holland, he was from thence invited by Charles II. into
England, where he lived in the greatest intimacy with the King and
principal nobility, more particularly with the Duchess of Mazarine. He
had a very sprightly turn both in conversation and writing. He lived
to the age of ninety, and was carried off at last by a violent fit of the
stranguary, September 9, 1703. Though he left France, as it may be
imagined, on account of religion, yet in his will he left twenty pounds
to poor Roman Catholics, and twenty pounds to poor French
refugees; besides other legacies to be disposed of to those in
distress, of what religion soever they might be.
Matthew Prior.—The bust was done by order of the King of France.
On one side of the pedestal stands the figure of Thalia, one of the
nine Muses, with a flute in her hand; and on the other, History, with
her book shut; between both is the bust of the deceased, upon a
raised altar of fine marble; on the outermost side of which is a Latin
inscription, importing that while he was busied in writing the history
of his own times, Death interposed, and broke both the thread of his
discourse and of his life, Sept. 18, 1721, in the fifty-seventh year of
his age. Over the bust is a pediment, on the ascending sides of
which are two boys, one with an hour glass in his hand, run out, the
other holding a torch reversed; on the apex of the pediment is an
urn, and on the base of the monument a long inscription, reciting
the principal employments in which he had been engaged;
particularly that, by order of King William and Queen Mary; he
assisted at the Congress of the Confederate Powers of the Hague, in
1690; in 1697 was one of the Plenipotentiaries of the Peace of
Ryswick: and in the following year was of the embassy to France and
also Secretary of State in Ireland. In 1700, he was made one of the
Board of Trade; in 1711, First Commissioner of the Customs; and
lastly, in the same year, was sent by Queen Anne to Louis XIV. of
France, with proposals of peace. All these trusts he executed with
uncommon address and abilities, and had retired from public
business, when a violent cholic, occasioned by a cold, carried him
off; by which the world was deprived of an invaluable treasure,
which he was preparing to lay before the public.—Rysbrack, sculptor.
Bust by Coizevox.
“Sacred to the best of men, William Mason, A.M., a Poet, if any,
elegant, correct, and pious. Died 7th of April, 1797, aged seventy-
two.”—It is a neat piece of sculpture. A medallion of the deceased is
held up by a figure of Poetry, bemoaning the loss.—Bacon, sculptor.
Thomas Shadwell.—This monument was erected by Dr. John Shadwell,
to the memory of his deceased father. The inscription sets forth that
he was descended from an ancient family in Staffordshire, was Poet
Laureate and Historiographer in the reign of William III., and died
November 20, 1692, in the fifty-fifth year of his age. He was author
of several plays, and was satirized by Dryden, under the character of
Ogg, in the second part of Absalom and Architophel. He died at
Chelsea, by taking opium, and was there buried.—Bird, sculptor.
John Milton.—He was a great polemical and political writer, and Latin
Secretary to Oliver Cromwell; but what has immortalized his name,
are those two inimitable pieces, Paradise Lost and Regained. He was
born in London in 1604, and died at Bunhill (perhaps the same as
Bunhill Fields) in 1674, leaving three daughters behind him
unprovided for, and was buried at St. Giles’s, Cripplegate. In 1737,
Mr. Auditor Benson erected this monument to his memory.—
Rysbrack, sculptor.
Under Milton is an elegant monument erected to the memory of Mr.
Gray. This monument seems expressive of the compliment contained
in the epitaph, where the Lyric Muse, in alt-relief, is holding a
medallion of the Poet, and at the same time pointing the finger up to
the bust of Milton, which is directly over it.
“No more the Grecian muse unrival’d reigns;
To Britain let the nations homage pay:
She felt a Homer’s fire in Milton’s strains,
A Pindar’s rapture in the lyre of Gray.”
Died July 30, 1771, aged fifty-four, and was buried at Stoke.—John
Bacon, sculptor.
Samuel Butler.—This tomb, as by the inscription appears, was erected
by John Barber, Esq., Lord Mayor of London, that he who was
destitute of all things when alive, might not want a monument when
dead. He was author of Hudibras, and was a man of consummate
learning, wit, and pleasantry, peculiarly happy in his writings, though
he reaped small advantages from them, and suffered great distress
by reason of his narrow circumstances. He lived, however, to a good
old age, and was buried at the expense of Mr. Longueville, in the
churchyard of St. Paul, Covent Garden. He was born at Strencham,
in Worcestershire, in 1612, and died in London, 1680.
Edmund Spencer.—Beneath Mr. Butler’s, there was a rough decayed
tomb of Purbeck stone, to the memory of Mr. Edmund Spencer, one
of the best English poets, which being much decayed, a subscription
was set on foot, by the liberality of Mr. Mason, in 1778, to restore it.
The subscription succeeded, and the monument was restored as
nearly as possible to the old form, but in statuary marble. His works
abound with innumerable beauties and such a variety of imagery, as
is scarce to be found in any other writer, ancient or modern. On this
monument is this inscription:—“Here lies (expecting the second
coming of our Saviour Christ Jesus) the body of Edmund Spencer,
the Prince of Poets in his time, whose divine spirit needs no other
witness than the works which he left behind him. He was born in
London in 1553, and died in 1598.”
Ben Jonson.—This monument is of fine marble, and is very neatly
ornamented with emblematical figures, alluding, perhaps, to the
malice and envy of his contemporaries. His epitaph—“O Rare Ben
Jonson!”—is cut in the pavement where he is buried in the North
Aisle. He was Poet Laureate to James I., and contemporary with
Shakspeare, to whose writings, when living, he was no friend,
though, when dead, he wrote a Poem prefixed to his Plays, which
does him the amplest justice. His father was a clergyman, and he
was educated at Westminster School while Mr. Carden was Master;
but after his father’s death, his mother marrying a bricklayer, he was
forced from school, and made to lay bricks. There is a story told of
him, that at the building of Lincoln’s Inn, he worked with his trowel
in one hand, and Horace in the other; but Mr. Carden, regarding his
parts, recommended him to Sir Walter Raleigh, whose son he
attended in his travels, and upon his return entered himself at
Cambridge. He died the 16th of August, 1637, aged sixty-three.—
Rysbrack, sculptor.
Wickliffe. Strode.
Edward III. Chaucer. Philippa.
Gower. John of Gaunt.
Ft. In.
Extreme Length 115 2
Breadth to the Extremities of the Buttress
79 6
Towers
Height of the Buttress Towers 70 8
Do. to the Apex of the Roof 85 6
Do. to the Top of the Western Turrets 101 6
Of the Monuments in the Cloisters.
EAST WALK.
Near the iron gate is a tablet sacred to the memory of the Rev.
Thomas Vialls, of Twickenham, Middlesex, A.M., many years vicar of
Boldre, in the New Forest, who departed this life May 7, 1831, aged
sixty-two.
To the left is a very beautiful arch, beneath which is a doorway
leading to the Chapter House and Library; in front of which was
buried Abbot Byrcheston, who died of the plague, May 15, 1349; but
no stone left to mark the place of his interment.
Against the wall, in the centre of the East Walk, is a monument to the
memory of George Walsh, Esq., with the following inscription:—“Near
this place are deposited the remains of George Walsh, Esq., late
Lieutenant-General of his Majesty’s Forces, and Colonel of the forty-
ninth Regiment of Foot, who died October 23, 1761, aged seventy-
three.
“The toils of life and pangs of death are o’er,
And care, and pain, and sickness, are no more.”
To the memory of James William Dodd, who for thirty-four years was
one of the Ushers of Westminster School, the duties of which he
discharged with consummate ability. The Westminsters, his pupils,
resident at the boarding-house under his immediate care, have,
bewailing his loss, caused this tablet to be erected. He died on the
29th day of August, 1818, in the fifty-seventh year of his age.
Beneath is a monument to preserve and unite the memory of two
affectionate brothers, valiant soldiers and sincere Christians: Scipio
Duroure, Esq., Adjutant-General of the British Forces, Colonel of the
twelfth Regiment of Foot, and Captain or Keeper of his Majesty’s
Castle of St. Mawes, in Cornwall, who, after forty-one years’ faithful
services, was mortally wounded at the battle of Fontenoy, and died
May 10, 1745, aged fifty-six years, and lies interred on the ramparts
of Aeth, in the low Countries; and Alexander Duroure, Esq., Lieutenant-
General of the British Forces, Colonel of the Fourth, or King’s own
Regiment of Foot, and Captain or Keeper of his Majesty’s Castle of St.
Mawes, in Cornwall, who, after fifty-seven years of faithful services,
died at Toulouse, in France, on the 2nd January, 1795, aged seventy-
four years, and lies interred in this Cloister.
In the next arch has been lately erected a tablet, sacred to the
memory of Walter Hawkes, who, serving in the East Indies, and having
deserved well during the space of more than twenty-seven years,
almost worn out with sickness and wounds, as he was now returning
to his native country, being overtaken by a storm in the Indian
Ocean, was, together with his dearest wife, the partner of his life and
danger, alas! swallowed up, and perished by shipwreck, never to be
too much lamented, the year of our Lord 1808. Struck with so sad a
fate of his companion, William Franklin put up this stone; for both
were King’s scholars in this school, brought up in the same studies,
together endured arduous warfare.
NORTH WALK.
On the left, near the door, is a marble slab to the memory of John
Catling, who died March 3, 1826, in the seventy-ninth year of his age.
He was Verger and Sacrist, successively, of this Collegiate Church
under five Deans, the duties of which he performed with the most
zealous and undivided attention, for the long period of fifty-two
years, respected by his superiors for the fidelity, respectability, and
humility, with which he filled the offices, and beloved by all who knew
him in private life, for the many virtues which adorn the man. Lady
Londonderry was buried underneath it.
A tablet to the memory of Harriet, wife of the Rev. John Bentall, one
of the Ushers of Westminster School. She died August 7, 1838.
The next is an epitaph remarkable for its quaintness, and inscribed to
the memory of William Laurence, in these lines:—
“With diligence and truth most exemplary,
Did William Laurence serve a Prebendary;
And for his pains, now past, before not lost,
Gain’d this remembrance at his master’s cost.
Oh! read these lines again!—you seldom find
A servant faithful, and a master kind.
Short-hand he wrote; his flower in prime did fade,
And hasty death short-hand of him hath made.
Well couth he numbers, and well-measured land;
Thus doth he now that ground whereon you stand,
Wherein he lies so geometrical:
Art maketh some, but thus doth nature all.”
Ob. Dec. 28, 1628, Ætat. 29.
A tablet to the Rev. George Preston, A.M., who was several years
Under-Master of Westminster School. He died September 8, 1841,
aged fifty-two.
Near to this is a tablet lately erected to the memory of William
Markham, D.D., Archbishop of York, who died November, 1807, aged
eighty-eight, and was buried near this spot.
On your left is a tablet to the memory of Edward Augustus Webber, a
King’s scholar, son of James Webber, D.D., Dean of Ripon, and Canon
of this Church; who was drowned in the River Thames, June 11,
1833, aged seventeen, and buried near this spot. The inscription is as
follows:—“H.S.M. Edoardus Augustus Webber, Jacobi Webber, S.T.P.,
ecclesæ Riponensis Decani, et hujusce Præbendarii filius natu
secundus in amne Thamesi, eversa turbine navicula e quatuor mersis
adolicentibus unus periit die 11 Junii, 1833, anum agent 17mo.
Alumno suavissimo desideratissimo, id quod parentes miseri perferre
nequibant, præceptores condiscipulique tranquam fratrem lugertes
ademptum pro more ac pietate Westmonasteriensi exequias
reddiderunt.”
The last worthy of note in this Walk is that to the memory of William
Egerton Gell, Esq., who, after a long and severe affliction, departed
this life on the 17th of May, 1838, aged fifty-six years; in him many
will have to deplore the loss of a generous and kind-hearted friend.
“Comfort the soul of thy servant, for unto thee, O Lord, do I lift up
my soul.”—Cundy, sculptor.
WEST WALK.
On the left door of the Abbey is a monument, erected by John
English Dolben, Esq., “To the memory of Edward Wortley Montague,
who was cast away, on his return to England, in 1777, from the East
Indies, in the twenty-seventh year of his age. In memory of their
friendship, which commenced at Westminster School, continued for
some time at Oxford, not diminished by the greatest distance,
scarcely dissolved by death, and if it please God, to be renewed in
heaven.—J. E. D., to whom the deceased bequeathed his books (and
appointed joint residuary legatee), erected this monument.”
Francis Smedley.—Adjoining the Godolphin monument is a neat tablet
to the memory of the above, who was High Bailiff of Westminster for
twenty-two years. Born September 15, 1791; died February 25, 1859.
The next is a monument that deserves particular attention, as it
commemorates a charity, which otherwise might, in time, like many
others, be perverted or forgotten. The inscription is as follows:
—“Here rest, in hope of a blessed resurrection, Charles Godolphin,
Esq., brother of the Right Honourable Sydney, Earl of Godolphin, Lord
High Treasurer of Great Britain, who died July 16, 1720, aged sixty-
nine; and Mrs. Godolphin, his wife, who died July 29, 1726, aged
sixty-three; whose excellent qualities and endowments can never be
forgotten, particularly the public-spirited zeal with which he served
his country in Parliament, and the indefatigable application, great
skill, and nice integrity, with which he discharged the trust of a
Commissioner of Customs for many years. Nor was she less eminent
for her ingenuity, with sincere love of her friends, and constancy in
religious worship. But as charity and benevolence were the
distinguishing parts of their characters, so were they most
conspicuously displayed by the last act of their lives: a pious and
charitable institution, by him designed and ordered, and by her
completed to the glory of God, and for a bright example to mankind;
the endowment whereof is a rent-charge of one hundred and eighty
pounds a-year, issuing out of lands in Somersetshire, and of which,
one hundred and sixty pounds a year are to be ever applied, from
24th June, 1726, to the educating eight young gentlewomen, who
are so born, and whose parents are of the Church of England, whose
parents or friends will undertake to provide them with decent
apparel; and after the death of the said Mrs. Godolphin, and William
Godolphin, Esq., her nephew, such as have neither father or mother;
which said young gentlewomen are not to be admitted before they
are eight years old, nor to be continued after the age of nineteen,
and are to be brought up in the city of New Sarum, or some other
town in the county of Wilts, under the care of some prudent
governess or schoolmistress, a communicant of the Church of
England; and the overplus, after an allowance of £5. a-year for
collecting the said rent-charge, is to be applied to binding out one or
more poor children apprentices, whose parents are of the Church of
England. In perpetual memory whereof Mrs. Frances Hall, executrix
to her aunt, Mrs. Godolphin, has, according to her will, and by her
order, caused this inscription to be engraven on their monument,
1772.”
The next is a neat tablet, in memory of the Rev. Edward Smedley, A.M.,
Rector of Powderham, and of North Bovey, in the county of Devon,
and from 1774 to 1820, one of the Ushers of Westminster School;
born Nov. 5, 1750, died August 6, 1825. Also of Hannah, his wife,
daughter of George Bellas, Esq.; born August 21, 1754, died October
17, 1824. This tablet is erected by their surviving children.
“To you, dear names, these filial thanks we give,
For more than life, for knowledge how to live—
For many a rule with holy wisdom fraught,
And works embodying the creed you taught;
For faith triumphant, tho’ the lips which told
Its glowing lessons, now, alas! are cold;
Faith, which proclaiming that the dead but sleep,
Invites us home to those whom here we weep.”
—Westmacott, jun., sculptor.
On the left is a tablet with a coat of arms over, and a music-book
under it:—“Near this place are deposited the remains of Benjamin
Cooke, Doctor in Music of the Universities of Oxford and Cambridge,
and Organist and Master of the Choristers of this Collegiate Church
for above thirty years. He departed this life on the 14th of September,
1793, and in the fifty-ninth year of his age.”
Enoch Hawkins, Esq., Gentleman of her Majesty’s Chapel Royal, and
Vicar Choral of this Collegiate Church, who died on the 9th January,
1847, aged fifty.
Upon a tablet that has emblems of music,—“To the memory of James
Bartleman, formerly a Chorister and Lay-Clerk of Westminster Abbey,
and Gentleman of his Majesty’s Royal Chapel. He was born the 19th
of September, 1769, died the 15th of April, 1821, and was buried in
this Cloister, near his beloved master, Dr. Cooke.”
In this walk is erected a monument to W. Buchan, M.D., author of the
Domestic Medicine, who died in 1805.
A tablet with inscriptions, to Mr. John Broughton, and his wife
Elizabeth; she died in 1714, and himself in 1789. Also R. Monk, Esq.,
died in 1831; his wife Catherine, 1832.
“William Woollett, born August 22, 1735, died May 22, 1785.” The
genius of engraving is represented handing down to posterity the
works of painting, sculpture, and architecture. A monument with his
bust on the top.
Near to this will be seen a tablet in memory of Elizabeth Woodfall,
younger daughter of the late Henry Sampson Woodfall, having lived
many years in Dean’s Yard, contiguous to the Abbey, and died 12th
February, 1862, at the age of ninety-three.
Having exceeded the bounds at first intended, we shall conclude in
the words of an ingenious writer on the subject of this Abbey:—“I
have wandered,” says he, “with pleasure into the most gloomy
recesses of this last resort of grandeur, to contemplate human life,
and trace mankind through all the wilderness of their frailties and
misfortunes, from their cradles to their graves. I have reflected on
the shortness of our duration here, and that I was but one of the
millions who had been employed in the same manner, in ruminating
on the trophies of mortality before me; that I must moulder to dust in
the same manner, and quit the scene to a new generation, without
leaving the shadow of my existence behind me; that this huge fabric,
the sacred depository of fame and grandeur, would only be the stage
for the same performances; would receive new accessions of noble
dust; would be adorned with other sepulchres of cost and
magnificence; would be crowded with successive admirers; and, at
last, by the unavoidable decays of time, bury the whole collection of
antiquities in general obscurity, and be the monument of its own
ruin.”
The Chapter House and Ancient
House of Commons.
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