HCA 13/71 f.592r Annotate

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Suggested links

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Transcription

B.18

The eighteenth of ffebruary 1656. [CENTRE HEADING]

Gold Roch and others against}
dobbins. Smith. Suckly.}

Rp. 2.

Edward Bushell of the parish of Saint Ellens
London Marchant, aged 37 yeares or thereabouts
sworne and exámined

To the first and second articles of the said allegation hee saith and deposeth
that for theise twelve yeeres last past and upwards it hath bin the use
and custome in Portugall in freighting of English shipps from Lisbone
for Brazila and back, manned with English men, or the most part with
English, to agree for and expresse by Charter partie a certaine average
(which they there call averias) over and besides the freight: which
said average (or averias) hath constantly bin allowed and paid by the
freighters of such shipps as belonging and due to the owners
of such shipps and not to the masters. And saith that such average
hath not there in all or at any part of that time (or ever that hee heard)
bin esteemed or understood either by the Portugueses or English to be
due to the masters, but to be belonging to the shipps owners
which hee knoweth, having lived there at Lisbone about six yeares
space, and then and there taking notice of that use and practice,
and having since bin often concerned as an owner in severall English shipps
freighted upon the said voyage to the Portugalls, and never allowed
any such average to the Commanders of such shipps or any of them,
but hee and the rest of the owners have from time to time
received the said average to themselves and their owne uses, and
enjoyed the same as their proper due. And saith that as hee
hath bin informed, the ground of such custome and usage of paying
the said average to the owners, was in consideration of the extraordinary
weare and teare of the shipping and except principally in regard
of the charge in furnishing such shipps with Guns
and ammunition, and expense of such ammunition in that voyage.
And otherwise referring himselfe for the matters deduced in the second article)
to the custome and practize at Lisbone hee cannot depose.

To the Interrogatories. [CENTRE HEADING]

To the first hee saith hee cometh required by mr Ecclestone
and by monition from this Court to testifie the truth in this cause
and saith hee well understandeth the meaning of primage
and average, and that they are often mentioned
in Charterparties made in England; and in bills of lading
there made, primage and average accustomed are frequently
expressed. And further that hee conceiveth that a primage and average
due by Charter parties and bills of lading made in
England to be termes indifferently used, and to signifie a dutie
usually paid to the master for the use of himselfe and shipps company
as a tie upon them to be carefull in the lading and stowing of the
merchandize and the preserving thereof from dammage and imbeazelment
(the danger of the seas excepted) and to be responsible for dammage, or losse