Consul (representative) - Historical Development of The Terms

Historical Development of The Terms

Consuls were the highest magistrates of the Roman Republic. The term was revived by the city-state of Genoa which, unlike Rome, bestowed it on various state officials, not necessarily restricted to the highest. Among these were Genoese officials stationed in various Mediterranean ports, whose role included duties similar to those of the modern consul, i.e. helping Genoese merchants and sailors in difficulties with the local authorities.

The Consolat de mar was an institution established under the reign of Peter IV of Aragon in the fourteenth century, and which spread to 47 locations throughout the Mediterranean. It was primarily a judicial body, administering maritime and commercial law as Lex Mercatoria. Although the Consolat de mar was established by the Corts General (parliament) of the Crown of Aragon, the consuls were independent from the King. This distinction between consular and diplomatic functions remains (at least formally) to this day. Modern consuls retain limited judicial powers to settle disputes on ships from their country (notably regarding the payment of wages to sailors).

The Consulado de mercaderes was set up in 1543 in Seville as a merchant guild to control trade with Latin America. As such, it had branches in the principal cities of the Spanish colonies.

The connection of "consul" with trade and commercial law is retained in French. In francophone countries, a juge consulaire (consular judge) is a non-professional judge elected by the chamber of commerce to settle commercial disputes in the first instance (in France, sitting in panels of three; in Belgium, in conjunction with a professional magistrate).