General average, human jettison, and the status of slaves in Early Modern Europe

Abstract

This article proposes a transition in Western European thinking on slavery by examining the legality of slave jettison and its indemnification in the seventeenth-century Christian Mediterranean and comparing this with the late eighteenth-century Atlantic. Under the law of general average (GA), a shipmaster may legally sacrifice cargo or parts of a vessel to save a maritime venture from peril. GA then mandates that the costs of this sacrifice be shared proportionally between all interested parties. However, the status of human cargo with respect to pre-modern GA remains unclear, beyond the well-known example of the eighteenth-century British slave ship, the Zong. A jettison, a moment of crisis, forces the slave's dual conception as person and property to be definitively resolved. This article uses historical GA records and early modern jurisprudence on human jettison to shed light on the legal conceptualization of the slave in the two contexts. It finds that seventeenth-century jurisprudence generally ruled against slave jettison and that such a jettison could not be indemnified. In some Mediterranean operational contexts, slaves were excluded from GA altogether. To a certain extent, this finding justifies the conceptual divide historians have placed between Atlantic bondage and earlier forms of slavery.