Difference between revisions of "HCA 13/72 f.36v Annotate"

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1. 4us
2. John Bushell of the parish of Saint Andrew Undershaft
3. London Merchant aged 39. yeares or thereabouts a
4. Wittnesse sworne and examined ˹upon the said Allegation˺ saith as followeth
5. To the first Article of the said Allegation hee saith, That hee this deponent having
6. lived and resided as a Merchant at Lisborne in the kingdome of Portugall
7. for the space of about eight yeares beginning in the yeare 1644, and
8. ......................... ˹ending˺ in the yeare 1652, last past, Well knoweth, That English
9. shipps there taken to freight for the Brazill, being manned with English
10. Mariners and lett by Charterpartie, have over and besides the freight by and
11. in such Chartertpartie mentioned, usually an allowance of or by way of
12. Average ˹such shipps being lett at a certaine rate per tunn for the freight and per probe for averidge˺ which from time to time and during all the time this deponents there
13. lived, and that the warr in that ˹time˺ continued betweene the Portugueze and hollanders
14. was usually ˹according to the Custome if that Countreyes˺ ......................................... freighters of such shipp or shipps
15. to the ˹Masters thereof in right if such other˺ Owners ......................................, and that for and in consideration
16. of the great and extraordinary Warre and care to such shipp or shipps
17. in such a voiage incident, this deponent having there seene severall Charterparties
18. importing the said extraordinarie averidge, and having himselfe for the
19. accompt of the Owners of severall shipps soe employed, received the freight
20. and averidges soe contracted for, and the accompts thereupon made, which
21. was soe done to the benefitt of such Owners, and not to the or for the proper
22. accompt or benefitt of the Master or Masters of such shipp or shipps, neither
23. hath this deponent during such his residence at Lisborne aforesaid ever
24. understood or heard it determined to the Contrary but that such averidges in
25. and upon the considerations aforesaid did belong to such Owners; this deponent
26. for and during the time aforesaid having alwaies observed and having ny
27. common and credible report amongst Merchants there beene sufficiently
28. informed, That for many yeares precedent, the said Portugueze Merchants
29. and Owners of shipps had constantly sett out, lett to hyre and employed
30. their owne shipps upon such termes, and that the English shipps during the
31. predeposed hostility being shipps of better defence that the Portugueze,
32. had in consequence of that antient Custome, a larger ˹freight and˺ Averidge than the
33. said Portugueze the said ˹averidge˺ accounting to the ......................................
34. ........................ of ˹about˺ the fowerth ˹or fifth˺ part of such freight, sometimes more some
35. times lesse according to emergent occasions. And further to this Article hee
36. saith hee cannot depose:/
37. To the second hee saith, That hee this deponent accoding to his former deposition
38. hee beleeveth the averidges aforesaid to be allowed for and upon the Cases from other consideration
39. predeposed to and for the accompt of such Owner or Owners and that according to
40. the generally received custome at Lisborne aforesaid, and doeth not remember
41. ever to have heard, that any such Owner or Owners have had any further or
42. other satisfaction for on in consideration of any dammage incident to such
43. shipp or shipps in such voiage or voiages. And further cannot depose
44.
45. To the Crosse Interrogatories:/. CENTRE HEADING
46. To the first Interrogatorie hee saith, That hee rendent comes to bee examined
47. in this Cause at the request of one Mr: Eglos ˹sent˺ ........, And saith, that by the
48. words primage ˹and averidge expressed usually in bills of lading˺ is here in England understood a small duetie belonging to
49. Masters and Mariners of shipps upon the lading of goods, whereby the said
50. Masters and Companies are held obliged to bee answerable for and not to
51. imbeazell any such goods by them received on board, And that the word
52. Averidge generally imports a duety or imposition layd upon goods in cases of
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