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

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4us

John Bushell of the parish of Saint Andrew Undershaft
London Merchant aged 39. yeares or thereabouts a
Wittnesse sworne and examined upon the said Allegation saith as followeth

To the first Article of the said Allegation hee saith, That hee this deponent having
lived and resided as a Merchant at Lisborne in the kingdome of Portugall
for the space of about eight yeares beginning in the yeare 1644, and
ending in the yeare 1652, last past, Well knoweth, That English
shipps there taken to freight for the Brazill, being manned with English
Mariners and lett by Charterpartie, have over and besides the freight by and
in such Chartertpartie mentioned, usually an allowance of or by way of
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
lived, and that the warr in that time continued betweene the Portugueze and hollanders
was usually according to the Custome of that Countreyes freighters of such shipp or shipps
to the Masters thereof in right if such other Owners, and that for and in consideration
of the great and extraordinary Warre and care to such shipp or shipps
in such a voiage incident, this deponent having there seene severall Charterparties
importing the said extraordinarie averidge, and having himselfe for the
accompt of the Owners of severall shipps soe employed, received the freight
and averidges soe contracted for, and the accompts thereupon made, which
was soe done to the benefitt of such Owners, and not to or for the proper
accompt or benefitt of the Master or Masters of such shipp or shipps, neither
hath this deponent during such his residence at Lisborne aforesaid ever
understood or heard it determined to the Contrary but that such averidges in
and upon the considerations aforesaid did belong to such Owners; this deponent
for and during the time aforesaid having alwaies observed and having by
common and credible report amongst Merchants there beene sufficiently
informed, That for many yeares precedent, the said Portugueze Merchants
and Owners of shipps had constantly sett out, lett to hyre and employed
their owne shipps upon such termes, and that the English shipps during the
predeposed hostility being shipps of better defence that the Portugueze,
had in consequence of that antient Custome, a larger freight and Averidge than the
said Portugueze the said averidge accounting to the equivalent
of about the fowerth or fifth part of such freight, sometimes more some
times lesse according to emergent occasions. And further to this Article hee
saith hee cannot depose:/

To the second hee saith, That hee this deponent according to his former deposition
beleeveth the averidges aforesaid to be allowed for and upon the Cases from other consideration
predeposed to and for the accompt of such Owner or Owners and that according to
the generally received custome at Lisborne aforesaid, and doeth not remember
ever to have heard, that any such Owner or Owners have had any further or
other satisfaction for on in consideration of any dammage incident to such
shipp or shipps in such voiage or voiages. And further cannot depose

To the Crosse Interrogatories:/. [CENTRE HEADING]

To the first Interrogatorie hee saith, That hee rendent comes to bee examined
in this Cause at the request of one Mr E[g]los [senior], And saith, that by the
words primage and averidge expressed usually in bills of lading is here in England understood a small duetie belonging to
Masters and Mariners of shipps upon the lading of goods, whereby the said
Masters and Companies are held obliged to bee answerable for and not to
imbeazell any such goods by them received on board, And that the word
Averidge generally imports a duety or imposition layd upon goods in cases of