HCA 13/72 f.35r Annotate

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A:3:

3:d March: 1656: CENTRE HEADING

Gold Roch and others against}
Dobbins: Smith. Suckley}

Examind upon an Allegation given in by Mr Smith
the tenth of december on the behalf of the same
Gold, Roch and others./

Egleston d.t 3.us/

Augustin Coronel Merchant dwelling in this
Citie of London aged 30. yeeres or thereabouts a
Wittnesse sworne and examined./

To the first Article of the said Allegation hee saith, That hee this deponent
well knoweth, That for the space of thirteen yeares last past and ever
since this deponent hath beene capable to observe and take notice of
Merchandiseing and sea fareing affaires, such English shipps as have
from time to time beene imployed and lett by Charterparty, (being manned
with English) from Lisborne to Brazill have constantly had a certaine
averidge allowed and expressed in such their Charterpartie for and under
notion of an Averidge, over and besides the freight for such voiage in
such Charterparty alsoe usually expressed, And saith, That such averidge
hath constantly and usually been allowed and payable by the ffreighters of
such shipp or shipps as belonging and due to the Owners thereof, and
not to the Master or Masters of such shipp or shipps, and that the said
Averidge is not usually designed or given to such Master or Masters
but to the Owners of such shipp or shipps, and that for and in consideration
of the extraordinary weare and tare of the said shipp or shipps, and of
the great hazard and danger which they under goe in such a voyage
by reason of the hostility between the Portugueze and hollanders
and of other dangers and dammages frequently attending voiages of that
nature, And this deponent rendring a reason of such his deposition and
knowledge saith, That hee is originally of Lisbone, and hath lived there
the most of his age, and since hee hath bin of yeares of capacitie hath
beene versed and practized in Merchandizeing affaires in that City
and Country, and hath there frequently seene such shipps employed from
thense to Brazile, and returning from Brazile, and discharging at the
said port of Lisbone, the Proprietors of which shipps or their
Assignes have constantly togeather with the freight for such voage due
received such averidge as above expressed and that for and upon the
Considerations aforesaid, and soe much hee saith, is publique and notorious
in that City and Country, And further to this Article hee cannot depose

To the second article hee saith That if it happen that any such English
shipp or shipps employed in or upon the voiage aforesaid happen to loose
any Cables anchors sayles or other of such shipp or shipps Tackle
or furniture, or suffer any dammage whatsoever, though such dammage
bee occasioned by and in order to the preservation of the lading of such shipp or shipps
which otherwise might have perished and beene lett to the Owners
thereof, yet by the received custome at Lisbone no other reparation or
satisfaction is usually allowed to the Owners of such shipp or shipps