Transportation Contracts

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Background

The Navy Board (and after 1794, the Transport Board) contracts for the convict transports were closely modelled on the ones that were used for naval transports. However, it was necessary to include clauses relating to provisions and/or clothing for the convicts, and other adjustments to reflect the different conditions.

First Fleet

While it is possible to reconstruct the contract for the First Fleet, we have no detailed documentation. The first ship for which we have a summary of the basic terms is the Lady Juliana, the next ship to sail after the First Fleet. In both cases, the contractor, William Richards Junior, was responsible for a wide range of functions, and acted as a convict contractor rather than merely as broker.

However, we do have a copy of the contract between Richards and the owners of the Friendship, which mirrored significant parts of the Navy Board’s contract with Richards. (The fact that such a contract was necessary confirms that Richards was a contractor and not merely a broker.)

Copy of Charter Party for the Friendship, 1786

It is covenanted concluded & agreed upon this 23rd day of Novr in the year of our Lord 1786 & in the 27th year of the reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. By and between Thomas Hopper owner of the good ship or vessel called the Friendship of London whereof Francis Walton is now Master of the burthen of 278 tons or thereabouts now riding in the River Thames of the one part & William Richards Junior of Walworth in the County of Surrey broker of the other part in the manner following that is to say The said Thomas Hopper for and on behalf of himself & owners of the said ship or vessel hath granted & to hire & freight letten & by these presents doth grant & to hire & freight let the said ship or vessel to the said Wm Richards Junior to receive on board at such place or places as shall be ordered all such marines convicts provisions stores &c as shall be directed to be put on board by the Commissioners of His Majesty’s Navy & proceed therewith to Botany Bay on the coast of New South Wales or elsewhere. The owner of the said ship to be allowed at the rate of 10s per ton each calendar month according to the measurement of the officers at Deptford Yard to be paid in Navy Bills with the discount added thereto & to continue in pay until her arrival back at Deptford & receives Notice of Discharge. And the said Wm Richards Junior hath hired & retained the said ship or vessel for the said time and service accordingly. Item the said Thomas Hopper doth covenant promise & agree that the said ship or vessel shall be strong firm tight staunch & substantial both above water & beneath & shall & will sail forthwith to or neat Deptford (wind & weather permitting) equipped fitted furnished & provided with masts sails sail yards anchors ropes cords tackle apparel boats furniture & all other materials & things necessary proper convenient & fitting for such a ship or vessel for her intended voyage & service & not to have less than three large cables of 120 fathoms each or so many together as will make up 360 fathoms & one stream cable all in good condition & to have all proper sails & not less than two main sails two main-top-sails two fore-sails & two fore-top-sails with a complete set of small sails & also to be manned in proportion to six men to 100 tons fit & capable to manage & sail her as also with good & wholesome victuals sufficient for the said men during the said service & employment & the whole number of men to be constantly on board & a regular book kept of their entries and discharge & the said ship or vessel shall in like manner be furnished & provided at the cost & charge of the said Thomas Hopper with coppers & furnaces for boiling & dressing of provisions for the said marines & convicts & shall & will therewith proceed & sail to such port place or places with or without convoy as the Commissioners of His Majesty’s Navy the Officer in Chief or the Agent whose command he shall be under shall order & direct landing & delivering the same accordingly in performance of which the Master and his men with his boats shall be aiding & assisting to the utmost of their power. Item the said Master shall & is hereby to sign indents for what he shall receive on board belonging to His Majesty & be accountable for the same who likewise is hereby obliged to keep a true journal of the wind & weather & any other remarkable observations & at the end & determination of the said service to deliver the same into the Navy Office upon oath if required together with all orders & instructions that he shall receive. And upon the arrival of the said ship or vessel at any port or place whatsoever he shall also by the first opportunity and immediate notice thereof to the said Wm Richards Junior & to the Commissioners of His Majesty’s Navy. In consideration of which covenants conditions & agreements the freight or pay shall commence upon producing a certificate from the proper officer or officers at Deptford of the ship’s being completed fitted victualled manned & provided with proper necessaries & stores for the ship’s company so far as is incumbent on him to provide ready to sail & fit to proceed on his part when required & the same shall also cease & determine at the time of her discharge on the conditions before mentioned & the said Thomas Hopper shall on signing & sealing hereof have & receive a bill of imprest made out & registered for two months freight upon account with the discount added thereto after certified as aforesaid by the said officer be ready to proceed on His Majesty’s service as in part thereof paid into hand according to the rate per tonnage aforesaid and after the said ship or vessel hath been in the service six months & produces to us a certificate thereof from the Commanding Officer or Agent for Transports he shall have & receive a Bill of Imprest made out & registered for two months freight more & from thence forward the like Bill to the end of every four months that is to say when she shall have been in the service ten months & proved to be safe by the like certificate above mentioned & the like payment of two months to be continued at the end of every four months as it shall become due during her continuance in the said service [illegible] & the remainder on passing accounts all to be paid by Bills with the discount added thereto. Provided nevertheless & it is agreed by the said parties that upon loss of time breach of orders or neglect of duty by the said Master being made to appear the said William Richards Junior & the said Commissioners shall have free liberty & be permitted to mulct or make such abatement out of the freight & pay of the said ship as shall be by them adjudged fit & reasonable. And lastly it is declared and agreed that the officers shall be accommodated with the Great Cabin and other cabins of the ship except a proper cabin for the Master and a small one for the Mate and that the gun room forecastle and steerage or such part thereof as shall be necessary be reserved for the lodging of the seamen. To the true performance & keeping all & every the covenants conditions & agreements above mentioned on the part and behalf of the said Thomas Hopper to be kept done & performed he the said Thomas Hopper bindeth himself his heirs executors and administrators & the said ship or vessel with her tackle apparel freight & furniture unto the said Wm Richards Junior in the penalty or sum of £500 of lawful money of Great Britain to be recovered & paid by these presents. In witness whereof he the said Thomas Hopper hath set his hand & seal to one part hereof & to the other part hereof the said William Richards Junior hath set his hand & seal the day & year above written.

Signed sealed & delivered

(being first duly stampt)

in the presence of

Willm RichardsWm Richards Junior

Zachariah Clark

(‘Copy of Charter Party’, ‘Friendship Transport, Copy Miscellaneous Papers’, TNA T1/695)

Lady Juliana

We have three summaries of the contract for the Lady Juliana, but no full version.

Conditions on Which the Convicts Were Sent, 1789

Agreement dated 2 February 1789 between the Commissioners of the Navy and Wm Richards Jun for the Lady Juliana 401 tons at 9/6 to be allowed 6 weeks pay after the discharge of the ship in NS Wales.

To be paid sixpence per day for the victualling of each convict with sea provisions

2½ per diem for each child

9d per diem for fresh provisions previous to their sailing from England

2½ per diem for each child

One shilling and three per diem when in any foreign port – stopping however the 6d allowed for salt provisions

40/- for clothing

7/- per diem for a surgeon

(‘Conditions on which the convicts were sent to New South Wales in the Lady Juliana, left Spithead 25th June 1789’, TNA CO201/4/69)

Condition on Which the Female Convicts are to be Sent, 1789

They are to be victualled at 9d per hd per day with fresh provisions till they sail &

6d per hd per day for salt during their passage to either port

40/- per hd for clothing. A dble set of each except the outward garment

11/- each for bedding. The beds to be given them at their arrival at the intended port

The surgeon 7/- per day for the passage out for the whole number, medicines &c included.

(‘Conditions on which the Female Convicts on bd the Lady Juliana are to be conveyed to New So Wales’, R’d from Mr Richards, 1 May 1789, TNA CO201/4/97)

Conditions on Which the Lady Juliana Has Been Engaged, 1790

By an instrument dated the 2nd February 1789, William Richards Junr has engaged to let on freight to the Commissioners of the Navy the ship Lady Juliana burthen 401 tons at 9/6 per ton, and to be allowed six weeks pay after her discharge in New South Wales with any discounts which may be required on Navy Bills, when payment for the freight, victualling &c shall be made.

The said William Richards to be paid six pence per diem for the victualling of each convict put on board that ship, when supplied with sea provisions

Two pence halfpenny for each child

To be paid nine pence per diem for the supply of each convict with fresh provisions, vegetables, &c, previous to their sailing from England, and two pence halfpenny for each child.

To be paid six pence per diem for the vict’g on each convict when in any foreign port with fresh provisions, fruits and vegetables, in addition to the six pence allowed for sea provisions, which are then of course to be stopped.

To be allowed forty shillings for the clothing of each convict during the passage.

And seven shillings per diem for the salary of a surgeon, whilst the convicts remain on board.

Whitehall

27th December 1790

(‘Conditions on which the Lady Juliana has been engaged as a Transport, 27th Dec 1790’, TNA CO201/5/337-337a)

Second Fleet

There are two known copies of the Second Fleet contract: (i) a handwritten copy in the National Archives, kept with papers dated to 1791 or 1792, when inquiries were being made into the management of the convicts on the voyage out; and (ii) a printed copy published in the Parliamentary Papers in 1792. It is probable that the first was the basis for the second.

From this contract, it would appear that George Whitlock functioned principally as a broker. However, for a number of reasons (explored elsewhere), it seems reasonable to conclude that Whitlock was acting as an agent for Camden, Calvert and King, who functioned as the de facto convict contractors. Certainly, they assumed responsibilities well beyond those of the mere owners of naval transports.

Copy of Contract, 1791 or 1792

It is covenanted concluded and agreed upon this 27th day of August in Year of Our Lord 1789 and in the Twenty ninth year of the reign of our sovereign Lord George the Third, by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth. By and between George Whitlock of Crutched Friars London broker on behalf of the owners of the undermentioned ships now riding in the River Thames –

Neptune 800 tons burthen Thos Gilbert Master

Surprize 420 ditto Donald Trail ditto

Scarborough 420 ditto John Marshall ditto

of the one part and the principal officers and Commissioners of His Majesty’s Navy, for and on behalf of His Majesty of the other part in manner and form following, that is to say the said George Whitlock, for and on behalf of himself and all and every part owners of the said ships or vessels hath granted and to hire freight and let and by these presents doth grant and to hire and freight let the said ships or vessels to the said Commissioners to receive on board at such port or ports as shall be directed one thousand or more convicts male and female with such officers soldiers, provisions and stores as shall be ordered to be put on board them and proceed therewith to such ports in New South Wales as shall be required and the said Commissioners for and on behalf of His Majesty have hired and retained the said ships or vessels for the said service accordingly. Item the said George Whitlock doth covenant promise and agree that the said ships shall be strong firm tight staunch and substantial both above water and beneath, and will sail forthwith to and near Woolwich, Portsmouth and Plymouth, as shall be directed wind and weather permitting equipped fitted furnished and provided with masts, sails, sail yards, anchors, ropes, cords, tackle, apparel, also with proper iron bars and gratings to their hatchways necessary for such a voyage and for the security of the prisoners and such bulkheads and cabins as shall be directed by the Naval Agent and may be proper for the accommodation of the soldiers and convicts and such irons and handcuffs as may be necessary for the securing of the latter to be embarked in them, also with furniture and all other materials and things necessary proper convenient and fit for such ships or vessels for their intended voyage and service, and to have two proper boats three large cables of one hundred and twenty fathoms each or so many together as will make up three hundred and sixty fathoms, and one stream cable all in good condition for each ship or vessel, and have all proper sails, and not less than two mail sails, two main topsails, two foresails, two foretopsails for each ship, and also to be manned in the proportion of six men and a boy to every one hundred tons fit and capable to manage and sail them and the said ships or vessels shall in like manner be furnished and provided at the cost and charge of the owners, with coals fire hearths coppers or furnaces for boiling and dressing the provisions for such a number of soldiers and convicts as shall be ordered and directed to be received on board and also with cans and pumps for serving the said soldiers and convicts with beer and water on their voyage as well with platters spoons candles and lanthorns and also all necessaries that may be wanted or required for their accommodation. Item the said Masters shall and will receive and take on board the said ships or vessels from time to time such number of soldiers convicts and provisions or any kind or sort of victualling or other stores and whatever else there shall be occasion for the service of His Majesty as shall be directed and required and as they can reasonably store and carry the whole stowage being for the use of His Majesty as far as their destined port and shall and will therewith proceed and sail to such place or places in New South Wales, as the said Commissioners or Naval Agent whose command they shall be under shall order and direct landing and delivering the same accordingly, and that during their passage the Masters of the said ships shall follow all orders and directions they shall receive from the Naval Agent and so from time to time during their continuance in the said service in performance of which the said Masters and their men with their boats shall be aiding and assisting to the utmost of their power. Item the said Masters shall & are hereby obliged to give and sign receipts bills of lading and other proper indents for what they shall receive on board men and women excepted and be accountable for the same and the said Masters are likewise hereby obliged to keep true journals of the wind and weather and other remarkable observations and at the end and determination of the said service to deliver the same into the Navy Office upon oath if required together with all the orders & instructions that they shall receive and in case of parting company with the Agent upon the arrival of any of the said ships or vessels at any port or place whatsoever the Master shall also by the first opportunity send immediate notice thereof to the said Commissioners. And it is declared and agreed that the Naval Agent shall be accommodated with a berth in the Round House of the Neptune; the officers commanding the soldiers with the Great Cabin on the Gun Deck of the said ship, and that each of the commissioned officers who command the soldiers on board the Scarborough and Surprize shall have a berth in the Great Cabins of those ships, in which proper accommodations are to be reserved for the use of the Masters, and that the Gun Room, forecastle, and steerage or such part thereof as shall be necessary for lodging the seamen and soldiers. And it is also hereby further agreed between the said George Whitlock and the said Commissioners, that the said George Whitlock shall put on board the said ships sufficient quantity of provisions for the convicts and soldiers to be embarked and shall victual them at the undermentioned rations vizt.

Ration of Provisions for each Mess of Six Male Convicts for Seven Days Successively

Bread
Flour
Beef
Pork
Pease
Butter
Rice
Lb
lb
lb
lb
Pints
lb
lb
16
12
14
8
12
2

Each mess to be allowed two pounds of soap per month.


Ration of Provisions for each Mess of Six Female Convicts for Seven Days Successively

Bread
Flour
Beef
Pork
Pease
Butter
Rice
Tea
Sugar
Lb
lb
Lb
lb
pints
lb
Lb
lb
lb
20
12
7
6
12
2
¼
3

Each mess to be allowed two pounds of soap per month.


Ration of Provisions for each Soldier for Seven Days Successively

Seven pounds of bread

Seven gallons of beer or Three pints and half of rum or 7 pints of wine

Four pounds of beer

Two pounds of pork

Two pints of pease

Three pints of oatmeal

Six ounces of butter

Twelve ounces of cheese

The said George Whitlock doth hereby oblige himself to provide and put on board the said ships one hundred and twenty gallons of water for each convict. And the said George Whitlock has also further agreed to furnish each of the said convicts with the following articles of clothing agreeable to a pattern sealed and kept at the Navy Office.


Clothing for the Male Convicts

One outside jacket

One waistcoat

One hat

One worsted cap

Two shirts

Two pairs of stockings

Two pairs of trowsers

Two pairs of shoes

Two pairs of drawers

A bag to contain each set

Clothing for the Female Convicts

One striped jacket

One striped petticoat

One pair stays

One hat

Two flannel petticoats

Two shifts

Two pairs of stockings

Two pairs of shoes

Two handkerchiefs

Two caps

A bag to contain each set

And also such bed and bedding for each of the said convicts as may be approved of by the Naval Agent.

The said George Whitlock likewise agrees to put on board each of the said ships a qualified surgeon to attend the said convicts and to provide medicines, and also oil of tar, essence of malt, spice, barley, oatmeal, sugar and such other articles as are necessary and in such proportions as the surgeons may think proper together with wine for the use of the sick at the rate of one hogshead for every two hundred convicts.

It is likewise further agreed between the said George Whitlock shall furnish each of the said soldiers and convicts with fresh provisions two days in the week, of value equal to one shilling sterling for each soldier and nine pence sterling for each convict during their continuance in any foreign port, and that these sums shall be allowed without any deduction for salt provisions upon a certificate being produced from the Naval Agent of the time they were so supplied.

In consideration whereof the said principal officers and Commissioners of His Majesty’s Navy, on His Majesty’s behalf do hereby oblige himself to allow and pay unto the said George Whitlock, the sum of seventeen pounds seven shillings and six pence for each convict embarked on board the said ships, and one shilling a head per day for each soldier embarked as a guard to the said convicts exclusive of the allowance for supplying the said convicts and soldiers with fresh provisions as before mentioned. The whole to be paid for in Navy Bills with the discount added thereto in the manner following that is to say Five pounds for each convict when all the ships shall have their cabins and bulkheads fitted upon a certificate thereof being produced from the Naval Agent. Ten pounds for each convict when all the provisions and clothing and necessaries are on board and all the ships are ready to receive the convicts upon a certificate thereof also being produced from the Naval Agent. And the remainder on the final settlement of the freight on a certificate being produced from the Commissary at New South Wales, of all the stores and provisions sent out on account of His Majesty being safely landed and delivered to him agreeable to the bills of lading.

It is also agreed between the said George Whitlock and the said Commissioners, that fifteen days shall be allowed for embarking the convicts at whatever port they are to embark after all the ships at their ports of embarkation are ready to receive them, and twenty one days to disembark the convicts and land the stores and provisions after their arrival at their destined port in New South Wales. But in case it should happen that the whole or any of the said ships shall be detained longer than the number of days above limited either by orders from the government or from the convicts not being ready to be embarked or disembarked then he the said George Whitlock is to be allowed after the rate of twenty pounds per day for every one thousand tons of shipping and in that proportion for a greater or less number of tons, and likewise sixpence a day for each of the said convicts in case of detention in manner above mentioned.

In witness to that part of the above mentioned covenants conditions and agreements to be kept done and performed by the said George Whitlock, he the said George Whitlock has set his hand and seal, and to the other part hereof the said principal officers & Commissioners for and on His Majesty’s behalf have caused the common seal of the Navy Office to be affixed in the day and year above written.

Signed, sealed, and George Whitlock

delivered, being first

duly stamped,

Copy

(‘Copy of Contract for Conveying Convicts to New South Wales’, TNA CO201/6/273-276)

Copy of the Contract, published 1792

Copy of a Contract made by the Commissioners of the Navy with George Whitlock, dated the 27th August 1789, for conveying convicts to New South Wales, in the Neptune, Scarborough and Surprize

It is covenanted concluded and agreed upon this twenty-seventh day of August in Year of Our Lord One Thousand seven hundred and eighty-nine and in the Twenty-ninth year of the reign of our sovereign Lord George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: By and between George Whitlock of Crutched Friars, London, broker, on behalf of the owners of the under-mentioned ships, now riding in the River Thames – Neptune, of eight hundred tons burthen, Thomas Gilbert, Master; Surprize, of four hundred and twenty tons, Donald Trail; Scarborough, of four hundred and twenty tons, John Marshall, of the one part; and the principal officers and Commissioners of His Majesty’s Navy, for and on behalf of His Majesty, of the other part in the manner and form following; (That is to say) the said George Whitlock, for and on behalf of himself and all and every part owners of the said ships or vessels hath granted and to hire freight and let, and by these presents doth grant, and to hire and freight let, the said ships or vessels to the said Commissioners, to receive on board at such port or ports as shall be directed, one thousand or more convicts, male and female, with such officers soldiers provisions and stores, as shall be ordered to be put on board them, and proceed therewith to such ports in New South Wales as shall be required: and the said Commissioners, for and on behalf of His Majesty, have hired and retained the said ships or vessels for the said service accordingly. Item, the said George Whitlock doth covenant, promise, and agree, that the said ships shall be strong, firm, tight, staunch, and substantial, both above water and beneath, and will sail forthwith to and near Woolwich, Portsmouth, and Plymouth, as shall be directed, wind and weather permitting, equipped, fitted, furnished, and provided with masts, sails, sail yards, anchors, ropes, cords, tackle, apparel, also with proper iron bars and gratings to their hatchways necessary for such a voyage, and for the security of the prisoners, and such bulkheads and cabins as shall be directed by the Naval Agent, and may be proper for the accommodation of the soldiers and convicts, and such irons and handcuffs as may be necessary for the securing of the latter, to be embarked in them: also with furniture and all other materials and things necessary, proper, convenient, and fit for such ships or vessels for their intended voyage and service, and to have two proper boats, three large cables of one hundred and twenty fathoms each, or so many together as will make up three hundred and sixty fathoms, and one stream cable, all in good condition, for each ship or vessel, and have all proper sails, and not less than two mail sails, two main topsails, two foresails, two foretopsails for each ship; and also to be manned in the proportion of six men and a boy to every one hundred tons, fit and capable to manage and sail them; and the said ships or vessels shall in like manner be furnished and provided, at the cost and charge of the owners, with coals, fire hearths, coppers or furnaces for boiling and dressing the provisions for such a number of soldiers and convicts as shall be ordered and directed to be received on board; and also with cans and pumps for serving the said soldiers and convicts with beer and water on their voyage, as well with platters, spoons, candles and lanthorns and also all necessaries that may be wanted or required for their accommodation. Item, the said Masters shall and will receive and take on board the said ships or vessels, from time to time, such number of soldiers, convicts, and provisions, or any kind or sort of victualling or other stores, and whatever else there shall be occasion for, for the service of His Majesty, as shall be directed and required, and as they can reasonably store and carry, the whole stowage being for the use of His Majesty as far as their destined port, and shall and will therewith proceed, and sail to such place or places in New South Wales as the said Commissioners or Naval Agent, whose command they shall be under, shall order and direct, landing and delivering the same accordingly; and that during their passage the Masters of the said ships shall follow all orders and directions they shall receive from the Naval Agent, and so from time to time, during their continuance in the said service; in performance of which, the said Masters and their men, with their boats, shall be aiding and assisting to the utmost of their power. Item, the said Masters shall, and are hereby obliged to give and sign receipts, bills of lading, and other proper indents, for what they shall receive on board, men and women excepted, and be accountable for the same; and the said Masters are likewise hereby obliged to keep true journals of the wind and weather, and other remarkable observations, and at the end and determination of the said service to deliver the same into the Navy Office, upon oath, if required, together with all the orders & instructions that they shall receive; and in case of parting company with the Agent, upon the arrival of any of the said ships or vessels at any port or place whatsoever, the Master shall also by the first opportunity, send immediate notice thereof to the said Commissioners; And it is declared and agreed that the Naval Agent shall be accommodated with a berth in the Round House of the Neptune; the officers commanding the soldiers with the Great Cabin on the Gun Deck of the said ship; and that each of the commissioned officers who command the soldiers on board the Scarborough and Surprize shall have a berth in the Great Cabins of those ships, in which proper accommodations are to be reserved for the use of the Masters; and that the Gun Room, forecastle, and steerage, or such part thereof as shall be necessary, be reserved for lodging the seamen and soldiers: And it is also hereby further agreed between the said George Whitlock and the said Commissioners, that the said George Whitlock shall put on board the said ships sufficient quantity of provisions for the convicts and soldiers to be embarked; and shall victual them at the under-mentioned rations; vizt.

Ration of Provisions for each Mess of Six Male Convicts for Seven Days Successively

Bread
Flour
Beef
Pork
Pease
Butter
Rice
lb
lb
lb
lb
Pints
lb
lb
16
12
14
8
12
2

Each mess to be allowed two pounds of soap per month.

Ration of Provisions for each Mess of Six Female Convicts for Seven Days Successively

Bread
Flour
Beef
Pork
Pease
Butter
Rice
Tea
Sugar
lb
lb
lb
lb
pints
lb
lb
lb
lb
20
12
7
6
12
2
¼
3

Each mess to be allowed two pounds of soap per month.

Ration of Provisions for each Soldier for Seven Days Successively

Seven pounds of bread

Seven gallons of beer or Three pints and half of rum or Seven pints of wine

Four pounds of beer

Two pounds of pork

Two pints of pease

Three pints of oatmeal

Six ounces of butter

Twelve ounces of cheese

The said George Whitlock doth hereby oblige himself to provide and put on board the said ships one hundred and twenty gallons of water for each convict. And the said George Whitlock has also further agreed to furnish each of the said convicts with the following articles of clothing, agreeable to a pattern sealed and kept at the Navy Office.

Clothing for the Male Convicts

One outside jacket

One waistcoat

One hat

One worsted cap

Two shirts

Two pairs of stockings

Two pairs of trowsers

Two pairs of shoes

Two pairs of drawers

A bag to contain each set

Clothing for the Female Convicts

One striped jacket

One striped petticoat

One pair stays

One hat

Two flannel petticoats

Two shifts

Two pairs of stockings

Two pairs of shoes

Two handkerchiefs

Two caps

A bag to contain each set

And also such bed and bedding for each of the said convicts as may be approved of by the Naval Agent.

The said George Whitlock likewise agrees to put on board each of the said ships a qualified surgeon, to attend the said convicts, and to provide medicines and also oil of tar, essence of malt, spice, barley, oatmeal, sugar, and such other articles as are necessary, and in such proportions as the surgeons may think proper, together with wine for the use of the sick, at the rate of one hogshead for every two hundred convicts.

It is likewise further agreed between the said George Whitlock shall furnish each of the said soldiers and convicts with fresh provisions two days in the week, of value equal to one shilling sterling for each soldier, and nine pence sterling for each convict, during their continuance in any foreign port, and that these sums shall be allowed without any deduction for salt provisions, upon a certificate being produced from the Naval Agent of the time they were so supplied.

In consideration whereof the said principal officers and Commissioners of His Majesty’s Navy, on His Majesty’s behalf, do hereby oblige himself to allow and pay unto the said George Whitlock, the sum of seventeen pounds seven shillings and six pence for each convict embarked on board the said ships; and one shilling a head per day for each soldier embarked as a guard to the said convicts, exclusive of the allowance for supplying the said convicts and soldiers with fresh provisions as before mentioned. The whole to be paid for in Navy Bills with the discount added thereto in the manner following: (that is to say) five pounds for each convict, when all the ships shall have their cabins and bulkheads fitted, upon a certificate thereof being produced from the Naval Agent; ten pounds for each convict when all the provisions, clothing, and necessaries are on board and all the ships are ready to receive the convicts, upon a certificate thereof also being produced from the Naval Agent; and the remainder on the final settlement of the freight, on a certificate being produced from the Commissary at New South Wales of all the stores and provisions sent out on account of His Majesty being safely landed and delivered to him, agreeable to the bills of lading.

It is also agreed between the said George Whitlock and the said Commissioners, that fifteen days shall be allowed for embarking the convicts at whatever port they are to embark, after all the ships at their ports of embarkation are ready to receive them, and twenty one days to disembark the convicts, and land the stores and provisions, after their arrival at their destined port in New South Wales. But in case it should happen that the whole, or any of the said ships, shall be detained longer than the number of days above limited, either by orders from the government or from the convicts not being ready to be embarked or disembarked, then he the said George Whitlock is to be allowed after the rate of twenty pounds per day for every one thousand tons of shipping, and in that proportion for a greater or less number of tons, and likewise sixpence a day for each of the said convicts in case of detention in manner above mentioned. In witness to that part of the above mentioned covenants, conditions, and agreements to be kept, done, and performed by the said George Whitlock, he the said George Whitlock has set his hand and seal; and to the other part hereof the said principal officers and Commissioners, for and on His Majesty’s behalf, have caused the common seal of the Navy Office to be affixed in the day and year above written.

George Whitlock

Signed, sealed, and delivered,

being first duly stamped,

in the presence of

T. Berkenhead

Copy: Geo. Marsh

(Copy of a Contract made by the Commissioners of the Navy with George Whitlock, dated the 27th August 1789, for conveying convicts to New South Wales, in the Neptune, Scarborough and Surprize, Navy Office, 20 February 1792, ‘Accounts and Papers Relating to Convicts on Board the Hulks, and Those Transported to New South Wales’, Parliamentary Papers, 26 March 1792, pp.311-315)

Third Fleet

With the Third Fleet, Camden, Calvert and King legally assumed the role of convict contractor, signing the contract in their own behalf. The only copy we have of the Third Fleet contract comes from the papers of Lord Hood, and was copied from a copy held by government of Ireland or the Master of the Queen.

Lords Hood’s Copy, 1790

It is covenanted concluded and agreed upon this 18th day of November in Year of Our Lord 1790 and in the 31st year of the reign of our sovereign Lord George the Third of Great Britain France & Ireland King Defender of the Faith of the one part and the principal officers and Commissioners of His Majesty’s Navy for and on behalf of His Majesty of the other part in the manner and form following.

That is to say the said Messrs Camden Calvert and King have agreed and by these presents do agree to provide a sufficient number of ships and such as shall be approved of by the Naval Agent at Deptford for transporting 2000 convicts male and female with such officers soldiers provisions and stores as shall be order’d to be put on board to such ports in New South Wales as shall be required and the said Messrs Camden Calvert and King do covenant promise and agree that the said ships shall be strong firm tight staunch and substantial both above water and beneath and of sufficient capacity to allow of two tons for each person to be embark’d on board them and shall and will sail forthwith to such ports in Great Britain or Ireland as shall be requir’d wind and weather permitting equipped fitted furnished and provided with masts sails sail yards anchors ropes cords tackle apparel also with proper iron bars and gratings to their hatchways necessary for such a voyage and for the security of the convicts and such bulkheads and cabins as shall be directed by the Naval Agent and may be proper for the accommodation of the soldiers and convicts and such irons and handcuffs as may be necessary for the securing of the latter to be embarked in them also with furniture and all other materials and things necessary proper convenient and fit for such ships for their intended voyage and service and two proper boats three large cables of 120 fathoms each or so many together as will make up 360 fathoms and one stream cable all in good condition for each ship and all proper sails and not less than two mail sails two main topsails two foresails two foretop sails two windsails one Osbridge’s machine to sweeten water for each ship which is to be mann’d in the proportion of six men and a boy to every 100 tons fit and capable to manage and sail her and the said ships shall in like manner be furnish’d and provided with coals firehearths coppers and furnaces for boiling and dressing the provisions for such number of soldiers and convicts as shall be order’d and direct’d to be put on board them and also with cans and pumps for serving the said soldiers and convicts with beer and water on their voyage as well with platters spoons candles and lantherns and also all necessaries that may be want’d and required for their accommodation also the Masters of the said ships shall receive and take on board the said ships from time to time such number of soldiers convicts provisions and any kind or sort of victualling or other stores and whatever else there shall be occasion for the service of His Majesty as shall be direct’d and required and as they can reasonably store and carry the whole tonnage of the shipping to be for the use of government as far as their destined port except such part as may be necessary for the ships stores and provisions for the ships company and shall and will therewith proceed and sail to such place or places in New South Wales as the said Commissioners or Naval Agent whose command they shall be under shall order and direct landing and delivering the same accordingly and that during the voyage the Masters of the said ships shall obey all orders and directions of the said Naval Agents and so from time to time during their continuance in the service in performance of which the said Masters and their men with their boats shall aiding and assisting to the utmost of their power also the said Masters shall and are hereby oblig’d to give and sign receipts bills of lading and other indents for what they shall receive on board men and women except’d and be accountable for the same and the said Masters are hereby oblig’d to keep true journals of the wind and weather and other remarkable observations and at the end and determination of the said service shall deliver the same into the Navy Office upon oath if required together with all the orders & instructions that they shall have received and in case any of the ships should depart from the company of the Naval Agent under whose command they shall be the Master of the ship which has depart’d from the company of the Naval Agent under whose command they shall be the Master of the ship which has depart’d from the Company of the Naval Agent shall upon his arrival in any port or place whatsoever by the first opportunity send immediate notice thereof to the Commissioners and if the ships which have depart’d from the company of the Naval Agent under whose command they were at first shall afterwards fall in with any other of the Naval Agents who are appointed to this service the Masters of the said ships shall obey his orders and directions in the same manner as they were to obey those of the Naval Agent under whose command they were at first and it is hereby declar’d and agreed that each of the Naval Agents shall have the choice of the ship in which he is to sail and that he shall be accommodated with a berth in the Great Cabin or elsewhere as he shall judge most proper and fitted in such manner as shall be most convenient for his employment and that each of the Commission’d Officers commanding the soldiers shall have proper berths in the Great Cabin of the ship in which they are to embark in which proper accommodation are to be reserved for the use of the Master and that the gunroom forecastle and steerage or such part thereof as shall be necessary be reserv’d for lodging the seamen and soldiers. And it is hereby further agreed that the said Messrs Camden Calvert and King shall put on board the said ships sufficient quantity of provisions to victual the soldiers and convicts for eight months at the following rashions [rations] and shall victual them accordingly.

Rashion of Provisions for each Mess of Six Male Convicts for Seven Days Successively

Bread
Flour
Beef
Pork
Pease
Butter
Rice
lb
lb
lb
lb
Pints
lb
lb
16
12
14
8
12
2

Each mess to be allowed two pounds of soap per month.


Rashion of Provisions for each Mess of Six Female Convicts for Seven Days Successively

Bread
Flour
Beef
Pork
Pease
Butter
Rice
lb
lb
lb
lb
Pints
lb
lb
20
12
7
6
12
2
Tea
Sugar
lb
lb
¼
3

Each mess to be allowed two pounds of soap per month.


Rashion of Provisions for each Soldier for Seven Days Successively

Seven pounds of bread

Seven gallons of beer or

Three pints and one half of rum or

Seven pints of wine

Four pounds of beer

Two pounds of pork

Two pints of pease

Three pints of oatmeal

Six ounces of butter

Twelve ounces of cheese

And the said Messrs Camden Calvert and King do hereby oblige themselves to provide and put on board the said ships 120 gallons of water for each convict also a qualified surgeon on board each ship to attend the said convicts and to provide medicines and the following proportion of necessaries for 200 convicts

Five hundred of barley

Two hhd oatmeal

Two cwt sugar

Two cwt essence of malt

One hundred gallons oil of tar

Two hundred do vinegar

One hogshd wine

Spices and such other articles as may be necessary and in such proportions as the surgeon may think proper.

And the said Camden Calvert and King have also agreed to furnish each of the said convicts with the following articles of clothing agreeable to a pattern seal’d and kept at the Navy Office.

Clothing for the Male Convicts

One outside jacket

One waistcoat

One hat

One worsted cap

Two shirts

Two pair stockings

Two pair trowsers

Two pair shoes

Two pair drawers

A bag to contain each set

Clothing for the Female Convicts

One striped jacket

One strip’d petticoat

One pair stays

One hat

Two flannel petticoats

Two shifts

Two pair stockings

Two pair shoes

Two handkerchiefs

Two caps

A bag to contain each set

And also such bed and bedding for each of the said convicts as may be approved of by the Naval Agent. It is also agreed between the said Messrs Camden Calvert and King shall furnish each of the said soldiers and convicts with fresh provisions two days in the week of value equal to one shilling sterl’g for each soldier and nine pence sterl’g for each convict during their continuance in any foreign port and that these sums shall be allowed without any deduction for salt provisions upon a certificate being produced from the Naval Agents that they were supplied.

In consideration whereof the said principal officers and Commissioners of His Majesty’s Navy on His Majesty’s behalf do hereby oblige himself to allow and pay unto the said Messrs Camden Calvert and King the sum of nineteen pounds ten shillings for each convict embark’d on board the said ships and one shilling a day for each soldier embark’d as a guard to the said convicts exclusive of the allowance for supplying the said convicts and soldiers with fresh provisions as before mention’d the whole to be paid for in Navy Bills with the discount added thereto in the manner following that is to say five pounds when all the ships shall have their cabins & bulkheads fitted upon a certificate thereof being produced from the Naval Agent ten pounds for each convict when all the provisions clothing and necessaries are on board and all the ships are ready to receive the convicts upon a certificate thereof also being produced from the Naval Agent and the remainder on the final settlement of the freight on a certificate being produc’d from the Commissary at New South Wales of all the stores and provisions sent out on account of His Majesty being safely landed and delivered to him agreeable to the bills of lading. It is also agreed between the said Messrs Camden Calvert and King and the said Commissioners that fifteen days shall be allowed for embarking the convicts at whatever port they are to embark after all the ships at their port of embarkation are ready to receive them and twenty one days to disembark the convicts and land the stores and provisions after their arrival at their destin’d port in New South Wales but in case it should happen that any of the said ships shall be detain’d longer than the number of days above limited either by orders from the government or from the convicts not being ready to be embarked or disembarked then he the said Messrs Camden Calvert and King are to be allowed after the rate of twenty pounds per day for every one thousand tons of shipping so detained and in that proportion for a greater or lesser number of tons and likewise sixpence a day for each of the said convicts in case of detention in manner above mentioned. In witness to that part of the above mentioned covenants conditions and agreements to be kept done and performed on the part of the said Messrs Camden Calvert and King and they the said Messrs Camden Calvert and King have set their hand and seal to the other part thereof on His Majesty’s part to be paid done and perform’d the said principal officers and Commissioners of His Majesty’s Navy for and on His Majesty’s behalf have caused the common seal of the Navy Office to be affix’d in the day and year first above written.

Attested by George Marsh

(National Maritime Museum, MKH/9, MS68/099)

Boddington and Sugar Cane (1792)

William Richards was once again the contractor for these ships, which conveyed convicts from Ireland. Again, he was functioning as much more than a broker, although from other documentation, it would appear that there was some uncertainty among the ship owners about his role (at least in so far as it related to the return voyage on behalf of the East India Company).

Late Draft of the Contract

It is covenanted concluded and agreed upon this nineteenth day of November in the Year of Our Lord One Thousand and Seven Hundred, and Ninety-two and in the thirty third year of the reign of our sovereign Lord George the third by the grace of God of Great Britain France & Ireland King Defender of the Faith and so forth. By and between William Richards of Walworth in the County of Surry merchant for and on behalf of himself and the owners of the ship Boddington of London of three hundred & fifty two tons burthen whereof Dalton is now Master & the ship Sugar Cane of London of three hundred and seventy tons burthen whereof Dunlop is Master now riding in the River Thames of the one part and James Bowen Naval Agent at Deptford for and on behalf of His Majesty of the other part in the manner and form following.

That is to say he the said William Richards does covenant promise and agree that the said ships shall be strong firm tight staunch and substantial both above water and beneath equipped fitted furnished and provided with masts sails sail yards anchors ropes cords tackle apparel furniture and all other materials and things necessary proper convenient and fit for such ships in like manner as a common transport for a voyage to New South Wales that each ship shall have two proper boats three large cables of one hundred and twenty fathoms each or so many together as will make up three hundred and sixty fathoms and one stream cable also all proper sails and not less than two mail sails two main topsails two foresails two foretop sails a complete set of small sails & two carriage guns all in good condition for service and manned in the proportion of six men and a boy to every one hundred tons fit and capable to manage and sail her that each ship shall be furnished and provided with coals wood firehearths coppers and furnaces for boiling and dressing the provisions for such number of persons as shall be ordered to be received on board at the rate and proportion of two tons for each person and also with two windsails one Osbridge’s machine to sweeten water water casks harness tubs buckets pumps candles lanthorns canvas for pudding bags bowls platters wooden spoons tin pots mess kegs for water scales weights measures ventilators cradles coopers’ tools ladders privies iron bars gratings to their hatchways iron & handcuffs for securing the convicts barricades and such air scuttles bulkheads and cabins as may be ordered by the James Bowen that the said ships so fitted furnished and provided shall be ready on and before the [‘15th Dec’ in pencil] to sail to such ports in the kingdom of Ireland as shall be directed by the said James Bowen and the Masters of the said ships give the usual bonds shall receive on board the said ships two superintendent surgeons forty soldiers two hundred and seventy convicts and such other persons and stores as may be directed & having received the said persons & stores and signed receipts bills of lading and other proper indents for the latter and having given bonds to the proper persons in Ireland if required not to suffer the convicts to escape and shall proceed therewith to Rio de Janeiro and from thence to Port Jackson in New South Wales and there land the said persons and deliver the said stores into the charge of the person to whom they may be consigned by the bills of lading and during the passage the Masters of the said ships shall keep true journals of the wind & weather and other remarkable observations respecting the said convicts such as births sickness or deaths and at the end and determination of the said service shall deliver the same into the office of one of His Majesty’s Principal Secretaries of State if required upon oath together with all the orders & instructions they may have received thereon and the said William Richards does hereby agree to provide and put on board the said ships a sufficient quantity of provisions to victual the said persons for eight months at the following ration and shall victual them accordingly that is to say each mess of six male convicts shall have the following quantities of provisions weekly vizt twenty pounds of bread twelve pounds of flour sixteen pounds of beef six pounds of pork twelve pints of peas one pound and half of butter two pounds of rice one pound and half of suet three pounds of plumbs two stockfish and three oatmeal breakfasts and two gallons of wine for each convict or convicts wife for the voyage and two pounds of soap for every six convicts or convicts wives per month. The women shall have the same allowance of provisions as the men excepting one day in the week when they shall have stockfish in lieu of beef and each mess of six women shall have weekly three pounds of sugar and one quarter of a pound of tea. The said William Richards does hereby agree to victual the soldiers at the full allowance of a seaman in the Royal Navy and to provide & put on board the said ships one hundred & twenty gallons of water for each soldier & convict and a qualified surgeon on board each ship to attend the said convicts [illegible] and the following proportion of necessaries for every two hundred convicts vizt five hundred weight of barley two hundred weight of oatmeal two hundred weight of sugar two hundred weight of essence of malt one hundred gallons of oil of tar two hundred gallons of vinegar one hundred hogshead of wine spices & other such articles as may be necessary & in such proportions as the Superintendent Surgeon may think proper. The whole of the said necessaries shall be issued to the sick convicts at the discretion of the said Superintendent Surgeons and the said William Richards does also agree to furnish each of the said convicts with the following articles of clothing which are to be approved of by the said James Bowen vizt each male convict with one outside jacket one waistcoat one hat one worsted cap three shirts three pair stockings two pair of trowsers two pair of shoes two pair of drawers and one bag to contain each set. Each female convict with one striped jacket one striped petticoat one pair of stays one hat two flannel petticoats three shifts three pair stockings two pair of shoes two handkerchiefs two caps one bag to contain each set. Also such bed and bedding for each of the said convicts as shall be approved of by the said James Bowen. It is also agreed between the said William Richards & the said James Bowen that two tons shall be allowed for each of the said persons in which quantity of tonnage is to be included room for lodging them their water casks provisions to victual them during their passage to Port Jackson provisions to victual them for nine months after their arrival and also clothing provided by government to be issued to the said convicts when landed at Port Jackson. And the said William Richards hereby agrees to supply the said soldiers & convicts with fresh provisions four days in every week during their continuance at Rio de Janeiro and if the Superintendent Surgeons shall judge it necessary for preserving the health of the said persons to put into any other foreign port the Masters of the said ships shall comply with their orders so to do or if the said Masters shall themselves put into any port on account of the weather or any accident to the ships in either of these cases the said persons shall be victualled during their stay in like manner as at Rio de Janeiro. It is also provided and hereby agreed that the whole stowage that is to say whatever room there may be to spare in the said ships beyond what may be necessary for the persons & stores aforesaid & for lodging the ships’ companies and their provisions shall be for the use of His Majesty and in case any ballast shall be wanted for the said ships the said Masters shall receive and take on board limestone in lieu thereof and shall deliver the same to the Governor or Commissary at Port Jackson. The said William Richards does also agree to provide if required the following articles of child bed linen in the proportion of twenty sets to every one hundred female convicts or convicts wives vizt one flannel bed gown one linen petticoat four caps four shirts six clouts two bed gowns two pilches two blankets and such beds & bedding for the soldiers as the said James Bowen shall approve of and provided any soldiers’ wives or children shall be ordered to be received on board the said wives shall be supplied during the passage at two thirds of a soldier and the children with half a soldier’s liberty being hereby reserved to the said Superintendent Surgeon to substitute at the cost of the said William Richards such articles as tea sugar &c for the said convicts’ women and children as can be procured in lieu of such articles of the ration before mentioned as they may think not so salutary for them provided the said change shall not exceed in value the allowance above limited. And the Masters of the said ships shall obey all the orders & directions of the said Superintendent Surgeons for the benefit of the health of the said persons. In consideration whereof the said James Bowen on behalf of His Majesty does hereby oblige himself to allow and pay unto the said William Richards the sum of seventeen pounds for each convict embarked one shilling a day for victualling each soldier during the passage to Port Jackson four guineas for every ton of stores which shall be put on board by order of government for the use of the colony at New South Wales beyond what is agreed to be included in the tonnage for the persons before mentioned fourteen shillings for every set of soldier’s hammocks & bedding provided and put on board and one pound one shilling for every set of child bed linen put on board the said ships ninepence a day for every soldier’s wife and sixpence a day for every convict’s wife & soldier’s child for every day the said soldiers their wives and children shall be victualled as above mentioned. The whole to be paid for in good and lawful money of Great Britain in the manner following that is to say seven pounds for each convict when the ships shall have their cabins & bulkheads fitted ten pounds for each convict when all the provisions clothing and necessaries are on board and the ships are complete and ready to proceed to Ireland five pound for each convict landed at Port Jackson on a certificate being produced from the Governor at New South Wales of the number landed and the remainder on a certificate being produced from the Commissary at New South Wales of all the stores, &c sent out on account of His Majesty being safely landed and delivered agreeably to the bills of lading. It is also hereby agreed that twenty-one 15 days to embark 15 6 days shall be allowed for embarking the said persons & stores in the River Thames & fifteen days at the ports of embarkation in Ireland and the like number of 21 days for disembarking them at Port Jackson after notice being given to the proper persons of the said ships being ready for those purposes. But if it shall happen that the said ships shall be detained longer than the number of days above limited either by orders from government or from the said persons not being ready to be embarked or disembarked then he the said William Richards is to be allowed after the rate of twenty pounds a day for every one thousand tons of shipping so detained and sixpence a day for each of the said convicts who may be actually victualled on board longer than the times above limited. But if the said Masters shall not give every assistance in their power both with their boats and ships’ companies in embarking and disembarking the said persons and stores no claim shall be allowed for demurrage. It is also hereby further agreed that in case the Governor at New South Wales shall order the said ships or either of them to Norfolk Island or elsewhere the Masters of the said ships or ship shall proceed accordingly and he the said William Richards shall be allowed fifteen shillings and sixpence per calendar month for every ton of shipping so employed and during the said employment by order of the Governor the tonnage to be ascertained by the registered measurement. The said William Richards does hereby agree that the Masters of the said ships shall not bring away any person from the settlements belonging therein without an order from the Governor thereof. To the true performing and keeping all and every the covenants conditions and agreements before mentioned on the part of the said William Richards to be kept done & performed he the said William Richards on behalf of himself and owners of the said ships bindeth himself his heirs executors administrators and assigns and the said ships with their tackle apparel ammunition freight and furniture to the said James Bowen on behalf of His Majesty in the penalty or sum of two thousand pounds of lawful money of Great Britain by these presents to be recovered and paid. In witness whereof he the said William Richards hath set his hand and seal to the one part hereof and to the other part hereof on His Majesty’s part he the said James Bowen on His Majesty’s behalf hath set his hand and seal the day and year first above written.

Signed sealed and delivered

being first duly stamped

In the presence of

(TNA CO201/7/346-347)

Heads of a Contract

The heads of a contract to be made with Wm Richards for transporting convicts from Ireland to New South Wales.

To transport victual & clothe 270 convicts & stores

To put on board 8 months provisions a proportion of necessaries for preserving their health & a surgeon to attend them

To supply them with beds & bedding

Two tons allowed each convict & soldier in which is included their lodging room, provisions for the passage & provisions & clothing for 9 months after their arrival

Convicts to be supplied with fresh provisions in foreign ports four days a week

Soldiers to be victualled according to the establishment of the Navy for one shilling per day for each soldier

£17 to be paid for each convict embarked

£5 in addition for every convict landed in New South Wales

To be paid in the following manner viz

£7 per head when the cabins & bulkheads are built

£10 per head when all the provisions water casks stores & necessaries are on board of the ships complete & ready to service the convicts, being certified by the Naval Agent at Deptford

£20 per day demurrage for 1000 tons & 6d per day for each convict victualled

Demurrage to commence after the usual lying allowed for embarking & disembarking the convicts

Bulkheads, cabins, gratings air scuttles windsails &c. &c. to be found by the contractors

The convicts to be cloth’d & victualled by the contractor in the same manner as the convicts sent in the Royal Admiral

The ships to go to Norfolk Island if the Governor should require it

Obligation on the contractor for due performance £2000

(TNA CO201/7/348-349)

Minerva

While we are able to reconstruct the basic terms of the subsequent contracts, the next complete charter party dates from 1798, and is the first such document still available that was prepared by the Transport Board.

It is markedly different in that the signatory to the charter party was clearly acting as a broker and not as a convict contractor. In this case, the signatory to the contract acted on behalf of the owners, and not in his own right. Under these circumstances, it would not have been necessary for him to have additional contractual arrangements with the ship owners – his relationship as broker would have been covered by the traditional law governing such relations.

Copy of Contract

This Charterparty of Affreightment made and concluded upon this seventh day of March, One thousand, seven hundred and ninety eight, by and between the Commissioners for Conducting His Majesty’s Transport Service, &c (for and on behalf of His Majesty) of the one part, and Mr James Duncan on behalf of the owners of the ship, Minerva, whereof Thomas Blaney is Master, of the burthen of tons, register tonnage, of the other part, witnesseth, that the said James Duncan, on behalf of the owners, hath granted and let to freight the said ship, for one voyage out, from the River Thames, London, to Cork, in the kingdom of Ireland, and from thence to Port Jackson, in New South Wales; And the said Commissioners, (for and on behalf of His Majesty) have hired the said ship for one voyage out, as foresaid, that is to say, the said James Duncan, on behalf of the owners, their executors and administrators, doth covenant promise and agree, that the said ship shall be strong, tight and substantial both above water and beneath, and during her intended voyage shall be manned with men only, fit and capable to manage and sail her, and shall have masts, yards, anchors, cables, ropes, cords, apparel, furniture and boats with all other materials and things, necessary, fit and needful for such a voyage; also provisions for the seamen, all at the proper cost and charge of the owners; also, that the said ship shall forthwith be ready to sail, with or without convoy, to the port of Cork aforesaid, and the Master of the said ship shall there receive such number of convicts and other persons together with such provisions and stores, or whatever else shall be ordered to be put on board her, by such person or persons as the said Commissioners, or the Government of Ireland, shall appoint, and having so received the said convicts and other persons, together with such provisions, stores or whatever else shall be ordered to be put on board her from such person or persons, as the said Commissioners or the Government of Ireland shall appoint. And the Master having signed proper receipts, bills of lading, and other indents for the same shall proceed therewith, (having convoy to the Latitude of 28 degrees North, and Longitude 18 degrees West) to Port Jackson, in New South Wales, where he is to deliver the convicts, and other persons, provisions and stores, as he may be directed by the Governor or Deputy Governor; and during the passage the Master of the said ship shall keep a journal of the wind and weather, and all remarkable observations respecting the said convicts, such as births, sickness, behaviour or deaths, and at the end and termination of the said voyage, shall deliver the same to the said commissioners, upon oath, if required, together with all orders and instructions, which he may have received thereon, and the Master shall obey all orders that he may receive from the said Commissioners, their Agents, or the Officers in Chief, under whose command he may be. The said ship shall also be provided with coals, wood, fire hearths, coppers and furnaces for cooking and dressing the provisions, also with bowls, spoons, platters and other necessaries, for such number of convicts and other persons, as shall be ordered on board, with two windsails and one Osbridge’s machine for sweetening water, and likewise water casks, and the rate of one butt for each person embarked, all at the proper cost and charge of the owners. The said James Duncan, (on behalf of the owners of the said ship) also agrees, that twenty working days, from the day she is certified to be in readiness on the part of the owners, shall be allowed to the said Commissioners, to wait in the River Thames, and twenty working days to embark the convicts, &c. at Cork, (not including the day of the ship’s arrival or sailing) and twenty working days to disembark the convicts, provisions or stores at Port Jackson, in New South Wales, after notice being given by the Master, to the proper persons, of the ship’s arrival there and being ready for these purposes, but, if it shall happen that the said ship shall be detained by government, more than the aforesaid sixty working days altogether, then the said James Duncan, (on behalf of the owners) is to be allowed demurrage, at the rate of fifteen shillings per ton, per calendar month; but if the Master shall not give every assistance in his power, both with boats and ship’s company, in embarking and disembarking the said convicts, provisions or stores, no claim shall be allowed for the said demurrage: It is furthermore agreed, that, in case the said ship shall be ordered to stop for convoy in the Downs or at Portsmouth, after forty-eight hours fair wind, demurrage is then to be allowed to the said James Duncan, after the rate before mentioned. The said James Duncan, (on behalf of the owners) agrees to provide an approved surgeon, with a complete set of instruments, to attend the convicts embarked, the said Commissioners providing proper medicines for the voyage. The said James Duncan, (on behalf of the owners) doth furthermore promise and agree, that the Master of the said ship shall not bring any person from the settlement at Port Jackson, without orders in writing from the Governor or Deputy Governor for the time being, which orders he is to produce, upon his return, to the said Commissioners, or previously, if he shall have an opportunity of transmitting them. In consideration of which covenants and conditions, hereby agreed to be performed by the said James Duncan, (on behalf of the owners) the said Commissioners, (on behalf of His Majesty) do agree to pay unto the said James Duncan, (on behalf of the owners) for the hire and freight of the said ship, for the voyage aforesaid, (i.e. from the River Thames to Cork, and from thence to Port Jackson, in New South Wales), at the rate of eighteen pounds per head, for each man or woman, and half that sum for each child, and an addition of five pounds, twelve shillings and sixpence more for each of the two former, and half that sum for each child landed at Port Jackson, in New South Wales, together with an allowance of fourteen pence, for each man or woman, per month, for necessary money; the payments to be made in the following manner; vizt. Nine pounds, per head, for each man or woman and half that sum for each child, as part of the freight for the number of persons embarked, on producing a certificate of the ship having sailed from Cork, complete in men, stores, and in every other respect, on the owners’ part: and the remaining part of the freight, on producing a certificate from the Governor or Deputy Governor of New South Wales, of the number of convicts and other persons that were embarked in Ireland, being landed at Port Jackson, and the usual certificates of the true and just delivery of all the provisions, cabins, wood, and iron work, medicines and other stores belonging to government, that were put on board and not used; for the whole of which the Master is to account and be accountable. The freight of the provisions, put on board for the use of the convicts and other persons during the voyage, and also for nine months after they are landed, is included in the aforesaid rate per head; but for any other stores or provisions that may be carried out for the use of the settlement, the owners are to be paid, at the rate of eight pounds per ton: the whole of which payments are to be made by Transport Bills, in the usual way, with the interest added thereto. For the true performance of all and every the covenants, conditions and agreements herein set forth, on the part of the said James Duncan, (on behalf of the owners) he the said James Duncan, bindeth himself, his heirs, executors, administrators, and assigns, and the said ship, with her tackle, apparel, freight and furniture unto the said Commissioners, (on behalf of His Majesty), in the penal sum of one thousand pounds, by these presents to be recovered and paid. In witness whereof, he the said James Duncan (on behalf of the owners) hath set his hand and seal to the one part hereof, and to the other part hereof, the said Commissioners, (on behalf of His Majesty) have signed their names, and caused the seal of the Transport Office to be affixed, the day and year before written.

Signed, sealed and delivered (being signed, James Duncan

first duly stamped) in the presence of

[M Carding?]

(Charterparty of Affreightment for the Minerva, 7 March 1798, TNA T1/802)