But before we proceed any further we must just see the conditions which were in existence up to 1773 in regard to the method of chartering ships by the Company from the owners. It was agreed that these hired ships were to be surveyed by the Company whenever the latter desired, and it is typical of the times that the proviso had to be inserted that the Company’s surveyors “are to be civilly treated.” In order that the ship might be efficiently armed, the commander and owners were liable to a fine of £40 for each gun that was wanting. If any of the guns were sold, the owners and commander were to be fined £100 for each gun, and the commander to be dismissed the Company’s service. The commander was also to obey the Company’s orders during the voyage, as well as their agents and factors. In order to encourage the seamen, the Company agreed to reward them when the ship returned to the Thames from the East Indies at the end of the voyage—that is to say, if they had been able to prevent any wilful damage to the Company’s property, or save them from being lost, a reward suitable for the benefit was to be made. If a seaman were to lose his life in defending the ship, his next of kin was to receive £30. If he lost a limb, he himself was to have the same sum. If he received minor wounds he was to be given some smaller monetary reward and to be “cured of his wounds” at the Company’s expense.
The Company expressly forbade these hired ships from calling at places other than those which it ordered, or to take any foreign coin or bullion, goods or provisions at any place short of her consigned port. The cargo was to be disposed in the best manner to prevent damage, and so that the working of the ship and her efficient defence would not be interfered with. Pepper was not to be shot loose between decks or the freight would not be paid for. If the ship should touch at St Helena or the island of Ascension she was not to sail without the permission of the Governor and Council. Nor was she to touch at Barbadoes, or any American port, or any of the western islands, or even Plymouth, without orders or some unavoidable danger of the sea, under a penalty of £500. The commander, chief and second mates were to keep journals of the ship’s daily proceedings, from the time when she first took in cargo in the River Thames to the time of her return and discharge of her cargo in England. Wind, weather, and all the remarkable transactions, accidents and occurrences during the voyage were to be noted in these journals, as also of everything received into the ship. These journals were to be delivered up to the Company afterwards, on oath, if required.