The Consolato del Mare of Malta : a study of an institution (1697-1725)

Abstract

This dissertation is mostly based on the first eighteen volumes of the Atti Originali of the Consolato del Mare in Malta, which have been read, analyzed, summarized and numbered. The summary and numbering of these documents was part of my summer work. However, beside the Atti Originali documents, the Manifesti documents (up to 1714) the Subasta documents (1697 to 1724), the Avarie, Periti e Calcoli documents (up to 1709), and some samples from the Registri di Depositi and Testimoniali documents have also been consulted. The Regulations of the Consolato of 1697 and their subsequent amendments in 1698, 1704 and 1722, together with the Regolamenti de! Consolato di Messina (abbreviated to R.C.M. and found at the Curator's Office at the National Archives in Rabat) and the de Vilhena Regulations of 1724 have been other important primary sources. The documents of the Atti Originali have been numbered in a specific way. Leaving the documents in the same order that they were found, at the back of each document was written in pencil, CM/ AO meaning Consolato del Mare/Atti Originali, followed by the number of the Volume and the number of the case. Thus, for example CM/AO 7/21 means the 21st case of Volume. Whenever a case was skipped because at the time it was not properly understood, but later with additional knowledge was comprehended, the document would have a letter after the case number. For example, CM/AO 7/21B would be the document in between 7/21A and 7/22. The main aim of this dissertation is to try to understand how the Consolato really functioned. In the introduction an overview is given on the development of maritime tribunals abroad and why the Consolato of Malta was set up. The first chapter seeks to combine the regulations and procedures of the bureaucracy with how these were actually put into effect. The second chapter analyses the type of people who filed lawsuits in the Consolato and the third chapter focuses on a specific and most common type of lawsuits, those on credits and debts. The fourth chapter on maritime risks tries to show the reasons why much litigation arose in the Consolato. These maritime risks were usually covered by maritime 'insurance, and a specific look is taken at lawsuits on insurance and their regulations. Finally, the conclusion furnishes general comments on the true nature of the Consolato and clears some misconceptions on this institution.