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knoweth, both for that the like termes and … knoweth, both for that the like termes and allowances of such average have at<br />
Lisbone aforesaid by severall Merchants been presented and proffered to this deponent<br />
in case hee would undertake such a Voyage, and for that this deponent by longe<br />
acquaintance and familiar conservation with Merchants and Masters of shipps<br />
both English and Genoese hath constantly been credibly informed and assured of<br />
the trueth of the Customs and practice predeposed. And further cannot depose
To the third Article hee saith that hee this deponent doeth not knowe nor ever heard<br />
of any other allowance whatsoever from the freightor to English Masters and Mariners useing the<br />
navigation aforesaid. save onely the allowance or average predeposed, and the<br />
priviledge or benefitt of the Cabbin allowed the Captaine for the transporting of<br />
passengers And otherwise cannot depose:-/:-
To the 4th Article of the said Allegation hee saith That in the moneth of November<br />
<u>1655.</u> last past, the shipp the ''hannibal'' of London whereof this deponent was<br />
and is Commander in chiefe being at Portsmouth then upon her discharge from<br />
the immediate service of the Commonwealth wherein shee had bin employed under<br />
the conduct of this deponent and this deponent then being at London in Company and<br />
discourse at a sett meeting with the Owners of the said shipp and haveing a License<br />
from the king of Portugall to goe with his said shipp to the Brazeele, this<br />
deponent amongst other things propounded to his said Owners a Voiage with the said<br />
shipp to the said parts of Brazeele, if such an opportunity word offered, when<br />
hee should come to Lisborne, whereupon the said Owners demanded of this examinate<br />
what hee would expect as to the average usually and constantly allowed to<br />
Commanders upon such a Voiage, to which this deponent replyed, that what was<br />
Customary upon designes of that nature, hee should and would expect to the full,<br />
and that if any difference should happen about the said allowance or average<br />
hee would (God granting him a happy Voiage and returne) referr the same to<br />
Justice, or to indifferent men to be determined , and the said Ownes thereupon<br />
propounding to this deponent to allow him a 4th part of such average and this examinate<br />
refusing to goe upon such termes, the designe was broken off and the said shipp<br />
commanded for London. And further cannot depose:-/
To the 5th Article hee saith that hee this deponent well knoweth, that the<br />
arlate Captaine Edward Wye Master of the shipp the ''Saphire'' arlate<br />
Captaine Peter Tatam Master of the shipp the ''hannibal'' arlate Captaine<br />
William Ell Master of the shipp the ''Prosperous'' arlate, Captaine Thomas<br />
Bell Master of the ''May fflower'' arlate and Captaine John Wills<br />
Commander of the ''Successe'' arlate were all of them designed upon the said<br />
voyage to Brazeele, but what agreement they respectively made for their<br />
respective voyages thither hee saith hee knoweth not, nor can depose, otherwise<br />
then that this deponent hath heard the said Captaine Tatam, Captaine Bell and<br />
Captaine Wye say and affirme aboard this deponents shipp the ''America''<br />
in Cascales bay in Portugall, that they were to have the full average<br />
allowance and privilidge belonging and due to Commanders of shipps goeing<br />
for the Brazeele. And further cannot depose; saving his foregoeing deposition<br />
To which hee referreth./
To the 6th Article hee saith, that by reason of his long continued experience in<br />
matters of Contracts and Charteparties between Merchants and Masters of<br />
shipps hee knoweth), That in all ordinary Charterparties for other voyages<br />
and not for the Brazeele, it is usuall therein to expresse the freight in particular<br />
either by the tunn, or by the moneth or by the Voiage, and that usually<br />
primage and average, and sometimes petilad (sic) moneys accustomed are expressed in such<br />
Charterparties over and besides the said freight, which said Average,<br />
primmage and petilad moneys accustomed have from time to time constantly<br />
belonged and been received by the Masters and Companies of shipps, and were<br />
devided and Distributed amongst them, the freight aforesaid onely belonging<br />
to such shipps Owners And saith, That in the Brazeele Charterparties it is usuall<br />
(asharterparties it is usuall<br />
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