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port in Spaine Portugal or Italy or from S … port in Spaine Portugal or Italy or from Spaine Portugal or Italy to Saint Malo's, Roane<br />
New haven, fflanders or dover the masters and companies use by<br />
custome to have for average upon every bale of strangers goods one Ryall at least<br />
upon every docket fraight and for English goods a royall upon every bale good and three Ryalls every tonne and this customary allowance hee saith is<br />
comprized under the names of primage and average, or more properly<br />
average, and saith there is constantly in English billls, mention made<br />
of primage and average, a part from the freight, This custome<br />
and usage hee saith hee hath knowne for theise thirtie yeeres last during<br />
which space hee hath frequented the sea as a Mariner, and gonne to<br />
and from severall of those places, and saith the same custome prevailed<br />
and is observed for other ports and places within and without the Streights.
To the second article hee saith and deposeth that for divers yeares last past<br />
wherein English shipps have gonne from Lisbone to Brazilia<br />
manned with English, there hath constantly a certaine average bin<br />
used to be expressed in every Charter partie and bill of lading for<br />
and in lieu of average over and besides the freight expressed in the<br />
said Charter parties and bills, which said average, (as being belonging<br />
to the masters and mariners, and not to the owners of the shipps) hath<br />
bin accustomed constantly to be paid and allowed by the ffreighters, and<br />
that the same was not nor is ever understood to be allowed or given<br />
to the owners of the shipp imployed, but to the masters and company<br />
as an encouragement and regard in regard of<br />
their care and diligence of in stowing and preserving the lading as<br />
much as in them lives, and depending the same against men of warr<br />
or otherwise hazarding their lives for the same; and alsoe as an earnest<br />
or obligation upon them to be carefull of the said lading, in asmuch<br />
as by their receiving the said average, they stand liable for dammage<br />
that shall happen by ill stowage or want of due pumping and<br />
performing their bounden duties in that behalfe, which hee knoweth<br />
for the reasons aforesaid, and for that hee hath gonne the said voyage<br />
from Lisbone to Brazila, as commander of the shipp ''Scipio''<br />
which was manned with English, and this deponent had his Charter<br />
partie and bills made accordingly.
To the third hee saith that besides their wages there is noe other<br />
allowance whatsoever to the masters and mariners of any English<br />
shipps that goe to the Brazila but only the said average expressed<br />
in the said Charter parties and bills, which hee knoweth for the reasons<br />
aforesaid, and having bin a commander of shipps for theise twenty<br />
yeares last and upwards. And otherwise cannot depose.
To the fourth hee cannot depose.
To the fifth hee saith that the said average doth really and soly<br />
belong to the master and company, and not to the owners or any other<br />
and this hee saith was and is publique and notorious. And otherwise<br />
saving as aforesaid hee cannot depose.
To the sixth hee saith that usually and accustomably at London there is in all<br />
Charterparties made for other voyages (and not for the Brazila) the summe<br />
for freight in particular expressed, and besides the freight there is<br />
commonly expressed primage, average and pettitloadmonage<br />
(or pettilodsmoney) accustomed, and saith the said primage, average and<br />
pettiloadmonage hath from time to time belonged and doth alwaies belong<br />
toged and doth alwaies belong<br />
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