C 10/488/141

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Addressed to the right hon:ble Edward Earle of Clarendon Lord High Chancellor of England

Y:e orators S:r John Lewis of London Kn:t and Barronett, S:r James Maddifford Kn:t and Barronett, S:r George Smith of London kn:t S:r George Oxenden Knight Thomas Hussey of London Esq Henry Sparstow of London Esq Daniell Pennington [??] Jonathan Dawes, Phillip Mirell [Mirsell?] and Richard Binly of London Merchants and part owners of the good shipp called the Loyall Merchant of London, That wheras in the yeare of our Lord God one thousand six hundred sixty two your orators saidd shipp being strong and thight (sic), and well and sufficient and fitting for along voyage; And the Governor and Company of Merchants of London trading in the East Indies knoweing of the sufficiency of your orators said shipp, and being desirous to hyre the same of your orators for a voyage into the East Indies, it was agreed by charter party and entered of a ffraight xxx date the [BLANK IN DOCUMENT] day of [BLANK IN DOCUMENT] in the said yeare one thousand six hundred and sixty two made betweene your orators Thomas Hussey and Daniel Pennington on behalfe of themselves and xxxx xxx xxx xxx parte, That the saidd Shipp and furniture should with the first convenient winde and weather after the tenth of March then next comeing, or as soone after the xxxx day of the said Company should appoint to depart from xxxx with all such Bullion goods and Merchandise as the said Governor and Company or theire Assignees should lade and putt aboard her, And that the said Shipp after such her departure from Gravesend aforesaid should xxxx xxx and eather should serve (the dainger of of the sea accepted) directly faste for the port of Surratt in the East Indies or parts and places within the limmitts of the companies charter to which shee should bee appointed by the said Governor and Company theire ffactors or Assignees (the west coast of Sumatra only excepted & where the said shipp was not to goo) and should att all or any of these places whereunto shee should bee ordered , not only discharge all such Bullion goods & merchandise as should be laden or putt aboard her for Accompt of the said Governor and Company, And afterwards to any other ports and places within the limitts of the Companies charter to which shee should be appointed by the said Governor and Company fro themselves and their surrogates Did by the said Charter partie covenant and agree to and with the orators theire Executants and Adminstrators well and truly to pay or cause to be paid unto your orators in London ffraight for & upon xxeyne Tun of goods that should be brought home in the said Shipp for the Accompt of the said Governor and Company to the port of London as followeth (that is to say) for salt peeter (sic), sugar, pepper cowries and Tumerick and all other gxxffxx good whatsoever the sume of eighteene pounds of lawfull momey of England p Tun and for callicoes Audxxx spxxx and all other fine goods whatsoever the sum of twenty two of like money p Tun And after the said respective rates for every greater or lesser quantity than the Tun accompting the Tunnage of all and every the goods and merchandizes that should bee laden upon the said Shipp according to the liste usuall Tunnage of the East India Company and not otherwise And that the said sumes of eighteen pounds and two and twenty pounds p Tun upon goods returning with said shipp shopuld bee in full satisfaction of all goods brought home carried out in the said Shipp for Accompt of the aid Governor and Company And that the fraight that should become due, should bee paid as followeth (that is to say) one moyety (sic) or halfe parte thereof with in six dayes next after the rightfull and due discharge into the said companies warehouses and possession of all the goods and merchandizes that had been laden aboard the said Shipp att any port or place in India or elsewhere during the said voyage homewards bound for any Accompt whatsoever , And the other moyety or half parte therof within sixety dayes then next followeing , or soe soone after either of the said times as your orators should demand the sume, And your orators justly shewe unto your Lopp [Worp?} That it was by the said charter partie covenanted by your orators who underwritt the said charterparty and the said Nicholas Millett to and with the said Company theire successors and assignees that these should not bee laden or putt aboard the said Shipp by themselves or any other whomsoever to bee carried in the saidd shipp for or towards the East Indies any sorte of woolen clothes xxx xxxx or any woolen stuffes, Lead, Brimston, Allum, quick silver vermillion, corrals, Amber, nor Elephants tooth, but for only as should bee laden for the Accompt of the said Governor and Company , And further that there should not bee laden into the said Shipp att any port or place in India or elsewhere to bee returned for England or carried from port to port in India or elsewhere , any Callicoes, Indigo, Cinamon, cloves, cardamons, xxxxxx, salt peeter, Black pepper, Nutmegg, Mace, Cotton yarns, alfia Lignum, Cinamon XX Matt Tram boone [?] Cinnamon Barks of all sorts Alloes Seratrina [?] Bengall taffetaes Gownes or xxxx ginghams or any of them, But for only as should bee laden and xxxx for Accompt of the said Governor and Company , And that if any of the said goods beforementioned to bee prohinited should defacto (sic) bee laden aboard , carried out brought home or carried from port to port in the said Shipp or any part therof charge [??] [unfortunately this word is very faint at the RH edge of the large parchment, but charge is logical] your said orators and the said Millett theire Executors and Administrators should bee taken to have broken theire said covenant, and should pay and allow for the breach therof unto the said Governor and Company the Successor and Assignees the sevrall summes following (that is to say) ffor every woolen cloth ten pounds, for every cloth each five pounds, for every peece of woolen stuffe three pounds and soo in proportion for every greater or lesser quantity than a whole peece, for beads (sic) ten shillings p centain (sic), Brimston and Allum ffifteene shillings p centaine, Quick silver, vermillion & elephants tooth two shillings p pound, and for corrall and Amber ten shillings p pound, for every peece of callicoe comonly called long cloth five and twenty shillings p peece, for Surratt callicoes, or any other sort of callicoes of whatsort sooever they bee, ten shillings p peece, the xxxx xxx, for xxx and salt peeter six pence p pound, mace five shillings p pound, & afphia (sic) Lignum (sic) Cinnamon Je [?] matt and Tramboone cinamon two shillings p pound Larks [?] of all sorts twelve pence p pound Alloes Lorah [??] ten pounds xxx every peece conteined to bee xxx according as it as usually certaine of in his Mat:s Custome house for Indigo cardamons cinamon , cloves cotton yarn benjamin and Nutmegg tenn shillings p pound, Black pepper p centain Bengall taffaties ten shillings p peece Cowries twelve pence p pound and for coloure of [could be returne of] Ginghams five shillings p peece And your said orators and the said Millett were by the said xxxx xxxxx allowed to carrie in the said Shipp for theire or some of theire owne Accompt only in the said voyage and not for the Accompt or Accompts of any merchant strainger or other merchant or peson whatsoever xxx what the xxxcome consigned to the said Governor and Company ) the quantity of five and twenty Tuns and noe more in other xxxx or kinde of goods; provided it were not in any of the commodities before mentioned and pticularly named and agreed upon to be carried for the said Governor and Comany only, And the goods soo allowed to bee for the Accompt of your said orators , and the said Millett, to be delivered all of them unto the said companyes possession to be viewed att the Shippes returne and accompt be delivered att a monthes xx to your orators and the said Nicholas Millett or soe soone after as they should demand the same, And that if xxxx what said Millett and Shipps company should bring from India or elsewhere in the said shipp any greater quantity of goods than the said five and twenty tuns allowed as aforesaid then they should xxxxx allow unto the aid Governor and Company or there successors forty pounds p Tunn fraight for all such goods as should xxxx