Difference between revisions of "MRP: C10/160/41 f. 1"

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C10/160/41 f. 1

Abstract

The London merchant Daniel Gates chartered the Legorne Merchant for nine months to go on a voyage to the Mediterranean. The charter party was signed with the ship's Master, David Hamilton. Gates disputed the performance of the contract and refused to pay the Master's and crew's wages. He further refused to settle costs and charges he was obliged to do under the charter party. Hamilton therefore strated multiple actions in the Court of the King's Bench to recover the wages, costs and charges. Gates responded by exhibiting a Bill of Complaint in the Court of Chancery (C10/160/41 f. 1).

In this bill, Gates alleged that the ship was supposedly due to sail at the end of February 1668/9, but only sailed at the end of the following month, returning to London in December 1669. This late departure, leading to the ship's late arrival in Zant, allegedly led to the purchase of currants in Zant at higher than necessary prices and their subsequent sale in London at lower than expected prices. Furthermore, Hamilton is alleged to have called at a number of ports when homeward bound, contrary to orders from Gates, and allegedly conducted private business in these ports. Furthermore, Gates alleges that Hamilton rejected Gates attempt to load forty barrels of tar at the port of London, accepting only half of this desired shipment, and losing Gates potential profit. Finally, the late running of the ship allegedly led to higher wage costs, together with unnecessary port charges.

Transcription

//To the right honoble S:r Orlando Bridgman Lord Keeper of//
//the great Seale of England//

//Humbley complaining sheweth unto yo:r Lordpe yo:r Orato:r Daniell Gates of London merch:t That yo:r Orato:r now using and exerciseing & haveing for sewall years last past used and exercised the trade of//

//merchant he had occasion in or about the Moneth of December in the year of our Lord 1668 to take a ship to ffreight for a voyage intended to be made to sewall pts & places beyond the seas whin & wthout the XXXX of Gibraltar//

//& yo:r Orato:r understanding that one David Hamilton of Lymehouse in the County of Middy Marriner was then partowner & Master of the Ship called the Legorne Merchant of London of the Burthen of 160//

//Tunns or thereabouts then rideing at Anchor in the River of Thames wthin the Port of the Citty of London, yo:r Orato:r did enter into a Treaty wth hym the said David Hamilton concerning yo:r Orato:r takeing the said//

//Shipp to ffreight for the voyage aforesaid And after some discourse & debate between y:r Orato:r & the said David Hamilton concerning the p:rmisses they at last came unto full & finall Agreement therein & a//

//Charterparty Indented of affreightm:t was had & made & duely sealed & executed between them touching the p:rmisses beareing date on or about the 20:th day of Decemb: withe the said year of our Lord God 1668/7

//wherein & whereby the said David Hamilton Did grant & lett to ffreight the said Shipp unto yo:r Orato:r by the moneth for the space of 9 months from the 25:o January then next ensueing at & for the pXXX//

//& rate of yo:r by the moneth accounting the Monethes as they should fall out in the Kallindar & for such & soe long time after the expiracon of the said Monethes & not exceeding 11 Moneths more as it//

//should please yo:r Orator his ffactor or Assignes to keep the said ship in his and their Service & imploye at the like rate & price of yo:r by the moneth & soe after that rate for a lesser ?time than a Moneth//

//the said Charterpty further expressing that yo:r Orato:r had soe ffreighted & hired the said ship for a voyage w:th her by Gods grace to be made in manner & forme following that is to say the said David//

//Hamilton for himselfe his Ex:tors Adm:trs & Assignes did Coven:t Grant & Agree to & w:th yo:r Orato:r That the said Shipp on or before the said 20:o day of Decemb: should be ready as to what concerned the same//

//David Hamilton to doe & performe to take in such Goods & Merchandizes of yo:r Orato:r as he his ffactors or Assignes should lade or cause to be laden or putt on board her & according to the ord:r//

//& direccons of yo:r Orato:r & wind & weather danger of the seas & certaine of Kings ???princes & rulers excepted should sayle w:th such Goods & ladeing as she might Stowe in her hold and betweene//

//deck over & above her Victuall Tackle and apparrell to any lawfull Port or Ports wthin or wthout the Streights of Gibralter soe as the sd ports or any of them were not to the Southward//

//of Cape Spratt & there unlade & relade at such of the said Ports as she should be imployed & directed unto by yo:r Orator his ffactors or Assignes & being there by them dispatched should directly as wind//

//and weather should serve saile retourne & come Back to y:e Port of the Citty of London here to make her discharge & end of her said intended voyage And yo:r Orato:r did alsoe Coven:t & Agree he & w:th the//

//the said David Hamilton in & by the said charterpty well & truely to pay unto him ffreight in London for all such time & soe many moneths as the said ship should remaine in yo:r orato:rs service &//

//imploym:t to be accounted from the time of her entring into pay asaforsaid untill her returne & discharge in the Port of London after the rate of 70:li by the moneth and soe after that rate for a lessor//

//time then a moneth in such manner & forme as therein menconed and expressed And it was also thereby agreed that the charge of Ballasting the said ship as well then in the River of//

//XXXX as at all other XXXXXXXXXXXduring the said voyage should borne & discharged by yo:r orato:r & that all Pilottage ?Petty ??lod manage Port charges ?Demoorage and other charges during the said voyage//

//should be borne & discharged in that manner that is to say Two Third parts thereof by yo:r orato:r & one Third pte thereof by the said David Hamilton And the said David Hamilton did alsoe//

//thereby covenant and grant ?w:th yo:r orato:r that the said ship at her departure out of the River of Thames upon her said intended voyage should be strong & well and sufficiently tackled//

//apparrelled & furnished w:th Boat masts Sayles Sayle yard Cables Ropes Cords 16 peices of Ordinance Competent ammunicon as Gunpowder shott & ffurniture whatsoever needfull & necessary//

//for such a ship and such a voyage and that the Marriners or Shipps Company or soe many of them as should be requisite should be ready at all times convenient wythe Boats of the//

//said ship to serve yo:r orato:r & his ffactors and Assignes to & from land dureing the said voyage And the said David Hamilton to the true pformance of the covents in the charterpty//

//did bind himselfe together w:th the said ship her tackle and Apparell the penall summe of 2000:li And XXXXXX did XXXX & ?binding himselfe to the said ?David Hamilton XXXX for the pformance of the covents his pte as in & by the said charterpty ready to be//

//produced to this honoble Courte relacon being thereunto had it doth & may more at large appeare And yo:r orato:r further sheweth unto yo:r Lordps that in pursuance of the said//

//Agreem:t yo:r orato:r did expect that the said ship should have been sufficiently tackled apparrelled & furnished for the said intended voyage on or before the 20:th day of January 1668//

//XX that the said David Hamilton should have taken in such Goods & Merchandizes of yo:r orato:rs as he his ffactors or Assignes should lade or cause to be laden or putt on//

//board the said ship and that he the said David Hamilton according to yo:r orato:rs ord:r & direccon should have sayled w:th such Goods & ladeing to such lawfull Port or Ports whyin or whyout//

//the Straights of Gibraltar w:thall such dilligence & expedicon as XXXX & weather would pmitt and there ?laie & ?unlaie at such of the said Ports as the said ship should be imployed//

//& directed unto by yo:r orato:r his ffactors or Assignes & being there dispatched should directly have retorned & come back to the Port of the Citty of London & accordingly yo:r orato:r before the said//

//?30:th day of January did cause severall Goods & Merchandizes to be laden on board the said ship & on the 16:th day of ffebruary then next following did direct the said//

//David Hamilton ??forth ??with to sett saile ?onward of his said intended voyage But notwthstanding yo:r orato:rs said iXXccon & ord:r the said David Hamilton did delay to//

//sett saile out of the River of Thames untill on or about the 20:th day of March then next following although the wind & weather did very well be XX him soe to have done & sewall//

//other ships did at that time sayle from thence w:ch ??few more water than the said David Hamiltons shipp By meanes whereof yo:r orato:r did not onely unprofitably//

//loose a Moneths ffreight of the said ship amounting to 1400 But was alsoe much ??p:rjudiced in not comeing soe soon to Zant by a moneth he might have done & as ??others//

//did whereby he was inforced to pay 15:?s more for every Thousand of ?currant (Or, "currans") than others did who came thither sooner & to sell cheaper here & when the said David Hamilton did w:th his said//

//ship come to Graves end yo:r orato:r sent advise thither to him 40 Barrells of Tarre to be stowed on Board the said ship there being Room enough left in the said ship to stow the same But//

//the said David Hamilton contrary to his said Agreem:t did refuse to take in 20 of the said 40 Barrells of Tarre But retorned them Back unto yo:r orato:r by the not ?carryeing//

//whereof yo:r orato:r was a Looser the summe of ?20:li at the least And the said ship might very well have carryed the same She not being then soe deep laden by 6 XXXXX as she was when she//

//retorned home wards & by the said David Hamiltons stay in the said River of Thames yo:r orato:r who dureing all that time ?found virtually & paid wages unto the men imployed to heave out & bring in//

//Ballast unto y:e said ship was daminfyed besides y:e losse of the time aforesfd the summe of 40:li (Or, 40:s) at the least And besides the said David Hamilton did neither proced in his said voyage nor//

//retorne ?w:th such dilligence and Sepped as he ought to have done & might have done for being outward bound & when the wind very well served for XXXXing on his said intended//

//voyage XXXXXXXX & of his owne accon run in w:th the said ship into Malaga Road & there staid sewall dayes Merchandizeing for himselfe w:ch proved a great losse & hindrance unto yo:r//

//orato:r in his retorne ?homewards although yo:r orato:r had sent him positive ord:r & direcon not to touch in any Port untill he had made the Downes unlesse he should be necessitated thereunto for//

//want of victualls or otherwise yet did he the said David Hamilton in his said retorne homeward w:thout any necessity willfully goe into the Port of Machowne / sewall other Ports wythin the Streights & therin//

//spent many dayes in & about his owne affaires & pleasure to yo:r orato:rs very great loss & p:rjudice and the said David Hamilton retorning w:th the said ship to London in or about the moneth of //

//December now last past the said David Hamilton XX XX refuses to give yo:r orato:r a true and just Account of such moneys as he has recd on yo:r orato:rs Account for freight & Goods of yo:r orato:r solo by ?this//

//at seqall places & moneys recd of sewall psons & allowed unto him on yo:r orato:rs Account & moreover in his demand upon yo:r orato:r he doth require & insiste have yo:r orato:r ??allow him sewall matters//

//& things not menconned in the said charterpty w:ch ought not to be the XXXX on yo:r orato:r or allowed by him and in pticular he duly XXXXX

Commentary

See C10/160/41 f. 2
See C10/160/41 f. 3

Possible primary sources

ADM 106/324/39 Daniel Gates, London. He requests that Oliver Maxfield, carpenter of the Africa frigate, who was pressed, may be discharged at Woolwich. 1677 Sep 24

C 5/485/78 Gates v. Hamilton: Middlesex. 1670
C 5/485/79 Gates v. Fry: Middlesex. 1679
C 10/160/41 Gates v. Hamilton: Middlesex 1671
C 10/217/27 Gates v. Dashwood and Clapp: Middlesex 1680
C 22/252/53 Gates v Dashwood. Between 1558 and 1714

PROB 32/27/211 Deceased: Gates, Daniel, Stepney, Middx. Inventory 1688 Apr. 20 (Sworn 1688 May 7)

TS 21/3 Pearle: Daniel Gates 1673
- TS 21/3 Treasury Solicitor: Deeds, Evidences and Miscellaneous Papers: Ships: Bills of Sale. Details of this piece are shown at item level