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'''B.18'''
The eighteenth of ffebruary 16 … '''B.18'''
The eighteenth of ffebruary 1656. [CENTRE HEADING]
Gold Roch and others against}<br />
dobbins. Smith. Suckly.}
'''Rp. 2.'''
'''Edward Bushell''' of the parish of Saint Ellens<br />
London Marchant, aged 37 yeares or thereabouts<br />
sworne and exámined
To the first and second articles of the said allegation hee saith and deposeth<br />
that for theise twelve yeeres last past and upwards it hath bin the use<br />
and custome in Portugall in freighting of English shipps from Lisbone<br />
for Brazila and back, manned with English men, or the most part with<br />
English, to agree for and expresse by Charter partie a certaine average<br />
(which they there call '''averias''') over and besides the freight: which<br />
said average (or '''averias''') hath constantly bin allowed and paid by the<br />
freighters of such shipps as belonging and due to the owners<br />
of such shipps and not to the masters. And saith that such average<br />
hath not there in all or at any part of that time (or ever that hee heard)<br />
bin esteemed or understood either by the Portugueses or English to be<br />
due to the masters, but to be belonging to the shipps owners<br />
which hee knoweth, having lived there at Lisbone about six yeares<br />
space, and then and there taking notice of that use and practice,<br />
and having since bin often concerned as an owner in severall English shipps<br />
freighted upon the said voyage to the Portugalls, and never allowed<br />
any such average to the Commanders of such shipps or any of them,<br />
but hee and the rest of the owners have from time to time<br />
received the said average to themselves and their owne uses, and<br />
enjoyed the same as their proper due. And saith that as hee<br />
hath bin informed, the ground of such custome and usage of paying<br />
the said average to the owners, was in consideration of the extraordinary<br />
weare and teare of the shipping and except principally in regard<br />
of the charge in furnishing such shipps with Guns<br />
and ammunition, and expense of such ammunition in that voyage.<br />
And otherwise referring himselfe for the matters deduced in the second article)<br />
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<br />
and by monition from this Court to testifie the truth in this cause<br />
and saith hee well understandeth the meaning of primage<br />
and average, and that they are often mentioned<br />
in Charterparties made in England; and in bills of lading<br />
there made, primage and average accustomed are frequently<br />
expressed. And further that hee conceiveth that a primage and average<br />
due by Charter parties and bills of lading made in<br />
England to be termes indifferently used, and to signifie a dutie<br />
usually paid to the master for the use of himselfe and shipps company<br />
as a tie upon them to be carefull in the lading and stowing of the<br />
merchandize and the preserving thereof from dammage and imbeazelment<br />
(the danger of the seas excepted) and to be responsible for dammage, or lossend to be responsible for dammage, or losse +
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