‘The Honour of Giving My Opinion’: General Average, Insurance and the Compilation of the Ordonnance de la marine of 1681

Abstract

The Ordonnance de la marine of 1681 marked—at least in theory—a pivotal step forward in enshrining the unfettered maritime authority of the French state. Spearheaded by Jean-Baptiste Colbert, Louis XIV’s famous minister, the wide-reaching Ordonnance assimilated a rich genealogy of customary maritime law into a single proclamation of positive law. Yet very little has been said by historians about how the Ordonnance was compiled. This essay sheds light on this process through studying the Chambre générale des assurances et grosses aventures (1668–1686), a little-known Parisian insurance institution established under the auspices of Colbert. The crown consulted the Chambre on maritime affairs before the Ordonnance was issued. Yet, as an insurance institution, the Chambre was not an impartial source of counsel. This essay analyses the advice given by the Chambre on which entities should contribute to General Average costs in instances of ship redemptions, which bore clear evidence of self-interest. This forced the crown to reinterpret its advice within a broader logic that catered to the interests of other maritime stakeholders at the expense of insurers. This case study invites us to evaluate our understanding of how the Ordonnance was compiled and to reflect more broadly on the interests of the French state in insurance practices across France.