Legal Definitions - accomenda

Accomenda refers to a historical type of contract used in maritime trade. It was an agreement between a cargo owner and a shipmaster (the captain of a vessel).

Under an accomenda contract, the cargo owner would grant the shipmaster the authority to sell the cargo at its destination. Once the cargo was sold, the profits generated, after the owner's initial costs for the goods were deducted, would be divided between the owner and the shipmaster. Essentially, this contract combined two key elements:

• An authorization for the shipmaster to act on behalf of the owner to sell the goods.
• A partnership agreement to share any financial gains resulting from that sale.

Here are some examples illustrating how an accomenda contract might have worked:

• Example 1: Spices from the East

  Imagine a merchant in 17th-century India who owns a valuable shipment of spices. This merchant enters into an accomenda agreement with the captain of a trading ship bound for Europe. The contract stipulates that the captain will transport the spices, sell them in a European port, and after the Indian merchant recovers their initial investment in purchasing the spices, any remaining profit from the sale will be split between the merchant and the captain. This illustrates the accomenda because the captain is empowered to sell the cargo, and the financial outcome is a shared profit after the owner's costs are covered.

• Example 2: Textiles to the New World

  Consider an English textile manufacturer in the 18th century who produces fine woolen cloth. Instead of selling the cloth directly, they contract with a shipmaster sailing to the American colonies. Through an accomenda, the manufacturer entrusts the shipmaster with the woolen cloth, giving them the right to sell it to colonial merchants. Once the cloth is sold, the English manufacturer first recoups the cost of producing the textiles. Any revenue beyond that amount is then shared as profit between the manufacturer and the shipmaster. This demonstrates the shipmaster's authority to dispose of the goods and the subsequent division of profits.

• Example 3: Wine from France to Scandinavia

  A vineyard owner in Bordeaux, France, in the 16th century, wishes to sell a large quantity of wine in Scandinavia. They arrange an accomenda with the captain of a merchant vessel. The captain agrees to transport the barrels of wine to a port in Norway, find buyers, and sell the entire shipment. After the vineyard owner receives back the costs associated with producing and bottling the wine, the additional income generated from the sale is then divided between the owner and the captain. This scenario clearly shows the captain acting as an agent with the power to sell and the subsequent sharing of the financial gains.