Difference between revisions of "HCA 13/71 f.592r Annotate"

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1. <margin value="Top left">B.18</margin>
2.
3. The eighteenth of ffebruary 1656.
4. <margin value="Left">Gold Roch and others against}
5. dobbins. Smith. Suckly.}</margin>
6. <margin value="Left">Rp. 2.</margin>
7. Edward Bushell of the parish of Saint Ellens
8. London Marchant, aged 37 yeares or thereabouts
9. sworne and exámined
10. To the first and second articles of the said allegation hee saith and deposeth
11. that for theise twelve yeeres last past and upwards it hath bin the use
12. and custome in Portugall in freighting of English shipps from Lisbone
13. for Brazila and back, manned with English men, or the most part with
14. English, to agree ˹for˺ and expresse by Charter partie a certaine average
15. (which they there call averias) over and besides the freight: which
16. said average (or averias) hath constantly bin allowed and paid by the
17. freighters of such shipps as belonging and due to the owners
18. of such shipps and not to the masters. And saith that such average
19. hath not there in all or at any part of that time (or ever that hee heard)
20. bin esteemed or understood either by the Portuguesses or English to be
21. due to the masters, but to be belonging to the shipps owners
22. which hee knoweth, having lived there at Lisbone about six
23. space, and then and there taking notice of that use and practice,
24. and having since bin often concerned ˹as an owner˺ in severall ship English shipps
25. freighted upon the said voyage to the Portugalls, and never allowed
26. any such average to the Commanders of such shipps or any of them,
27. but hath hee and the rest of the owners have from time to time
28. received the said average to themselves and their owne uses, and
29. enjoyed the same as their proper due. And saith that as hee
30. hath bin informed, the ground of such custome and usage of paying
31. the said average to the owners, was in consideration of the extraordinary
32. weare and teare of the shipping and except principally in regard
33. of the charge and expense in furnishing such shipps with Guns
34. and ammunition, and expense of such ammunition in that voyage.
35. And otherwise referring himselfe for the matters dedXXd in the second article)
36. to the custome and practize at Lisbone hee cannot depose.
37.
38. To the Interrogatories. CENTRE HEADING
39. To the first hee saith hee cometh required by mr Ecclestone
40. and by monition from this Court to testifie the truth in this cause
41. and saith hee well understandeth the meaning and extent of primage
42. and average and pettiXXXXXXX, and saith that they are often mentioned
43. in Charterparties made in England; but and in bills of lading
44. there made, primage and average accustomed are frequently
45. expressed. And further that hee conceiveth that a primage and average
46. in England due by Charter parties and bills of lading made in
47. England to be termes indifferently used, and to signifie a dutie
48. usually paid to the master for the use of himselfe and shipps company
49. as a tie upon them to be carefull in the lading and stowing of the
50. merchandize and the preserving thereof from dammage and imbeazelment
51. (the danger of the seas excepted) and to be responsible for dammage, or losse
52. <margin value="Bottom right, under main body of text, as lead to next page">XXXXXX</margin>

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