Difference between revisions of "HCA 13/71 f.277r Annotate"

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port in Spaine ˹Portugal˺ or Italy or XXXX from Spaine ˹Portugal˺ or Italy to Saint Malo's, Roane
Newhaven, fflanders or dover X the masters and companies use by
XX XXXXXX to XXXX ˹for average˺ to XXX XXXX bale of strangers goods one Ryall at least
upon every docket freight and for ˹English goods a royall XXX Xall bale good and thXXX XXXX upon XXX XXXX˺ and this customary allowance hee saith is
comprized under the names of primage and average, or more properly
of primage and average, a part from the freight, This custome
and usage hee saith hee hath knowne for theise thirtie yeeres last during
which space hee hath frequented the sea as a Mariner, and gonne to
and from severall of these places, and saith the same custome prevailed
and is observed for other ports and places within and without the Streights.

To the second article hee saith and deposeth that for divers yeeres last past
that ˹wherein˺ English shipps have gonne from Engl Lisbone to Brazilie
manned with English, there hath constantly a certaine average bin
used to be expressed in every Charter partie and bill of lading for
and in lieu of average over and besides the freight expressed in the
said Charter parties and bills, which said average, (as being belonging
to the masters and mariners and not to the owners of the shipps) MISSING TEXT
bin accustomed constantly to be paid and allowed by the ffreighters, and
that they XXXX XXXX not more is XXXX understand to be allowed or given
the owner of the shipp imployed, but to the masters and company
as an encouragement and regard in regard of the danger they undergoe
and their care and diligence of in stowing and performing the lading as
much as in them lives, and depending the same against men of warr
or otherwise hazarding their lives for the same; and alsoe as an earnest
or obligation upon them to be carefull of the said lading, in asmuch
as by their receiving the said average, they stand liable for dammage
that shall happen by ill stowage or XXXXX of due XXXXXXing and
performing their bounden duties in that XX alsoe, which hee knoweth
for the reasons aforesaid, and for that hee hath gonne the said voyage
from Lisbone to Brazile, as X commander of the shipp Scipio
which was manned with English, and this deponent had his Charter
partie and bills made accordingly.

To the third hee saith that besides their wages there is noe other
allowance whatsoever to the masters and mariners of any English
shipps that goe to the Brazila but only the said average expressed
in the said charter parties and bills, which hee knoweth for the reasons
aforesaid, and having bin a commander of shipps for theise twenty
yeeres last and upwards. And otherwise cannot depose.

To the fourth hee cannot depose.

To the fifth hee saith that the said average doth really and soly
belong to the master and company, and not to the owners or any other
and this hee saith was and is publique and notorious. And otherwise
saving as aforesaid hee cannot depose.

To the sixth hee saith that usually and accustomably ˹at London˺ there is in all
charter parties made for ˹other˺ voyages (and not for the Brazile) the summe
for freight in particular expressed, and besides the freight theras is
commonly expressed primage, average and pettitloadmonage amongst
(or pettilodsmoney) accustomed, and with the said primage, average and
pettiloedemonage hath from time to time belonged and doth alwaies belong
to

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