Relationships with merchant shippers

In addition to their mutual obligations set out in the charter-party, the shipmaster and the merchants who travelled on his ship with their goods, had further legal responsibilities to each other while at sea. Those are set out in Oleron and to a lesser extent in the Coutumier and follow practices developed by ‘long use and wont’.

Delayed and frustrated voyages

If a ship foundered between ports, the shipmaster had the option of repairing her or of transferring himself, with the cargo, to another vessel to continue the voyage. If the merchants did not accept his decision, the shipmaster was still able to claim his freight payment for that part of the voyage that had been sailed. When weather conditions delayed a ship in port for so long that the shipmaster ran out of money, he was permitted to send home for more funds. Alternatively, he could sell as much as necessary of the cargo to revictual or repair the ship and, on arrival at their final destination, compensate the merchants for the ‘borrowed’ cargo at the same prices as they had obtained for the cargo which had arrived safely. The shipmaster nevertheless received his freight payment for the whole cargo for the whole voyage. These arrangements appear to be complementary to the prohibition on the shipmaster selling the ship without the owners' authority, although he could pledge equipment to borrow money for his necessary expenses, with the consent of his crew.