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The 14th day of March <u>: 1656:-< … The 14th day of March <u>: 1656:-</u>
'''4us/'''
'''John Bushell''' of the parish of Saint Andrew Undershaft<br />
London Merchant aged 39. yeares or thereabouts a<br />
Wittnesse sworne and examined upon the said Allegation saith as followeth
To the first Article of the said Allegation hee saith, That hee this deponent having<br />
lived and resided as a Merchant at Lisborne in the kingdome of Portugall<br />
for the space of about eight yeares beginning in the yeare 1644, and<br />
ending in the yeare 1652, last past, Well knoweth, That English<br />
shipps there taken to freight for the Brazill, being manned with English<br />
Mariners and lett by Charterpartie, have over and besides the freight by and<br />
in such Chartertpartie mentioned, usually an allowance of or by way of<br />
Average such shipps being lett at a certaine rate per tunn for the freight and per probe for averidge which from time to time and during all the time this deponents there<br />
lived, and that the warr in that time continued betweene the Portugueze and hollanders<br />
was usually according to the Custome of that Countreyes freighters of such shipp or shipps<br />
to the Masters thereof in right if such other Owners, and that for and in consideration<br />
of the great and extraordinary Warre and care to such shipp or shipps<br />
in such a voiage incident, this deponent having there seene severall Charterparties<br />
importing the said extraordinarie averidge, and having himselfe for the<br />
accompt of the Owners of severall shipps soe employed, received the freight<br />
and averidges soe contracted for, and the accompts thereupon made, which<br />
was soe done to the benefitt of such Owners, and not to or for the proper<br />
accompt or benefitt of the Master or Masters of such shipp or shipps, neither<br />
hath this deponent during such his residence at Lisborne aforesaid ever<br />
understood or heard it determined to the Contrary but that such averidges in<br />
and upon the considerations aforesaid did belong to such Owners; this deponent<br />
for and during the time aforesaid having alwaies observed and having by<br />
common and credible report amongst Merchants there beene sufficiently<br />
informed, That for many yeares precedent, the said Portugueze Merchants<br />
and Owners of shipps had constantly sett out, lett to hyre and employed<br />
their owne shipps upon such termes, and that the English shipps during the<br />
predeposed hostility being shipps of better defence that the Portugueze,<br />
had in consequence of that antient Custome, a larger freight and Averidge than the<br />
said Portugueze the said averidge accounting to the equivalent<br />
of about the fowerth or fifth part of such freight, sometimes more some<br />
times lesse according to emergent occasions. And further to this Article hee<br />
saith hee cannot depose:/
To the second hee saith, That hee this deponent according to his former deposition<br />
beleeveth the averidges aforesaid to be allowed for and upon the Cases from other consideration<br />
predeposed to and for the accompt of such Owner or Owners and that according to<br />
the generally received custome at Lisborne aforesaid, and doeth not remember<br />
ever to have heard, that any such Owner or Owners have had any further or<br />
other satisfaction for on in consideration of any dammage incident to such<br />
shipp or shipps in such voiage or voiages. And further cannot depose
To the Crosse Interrogatories:/. [CENTRE HEADING]
To the first Interrogatorie hee saith, That hee rendent comes to bee examined<br />
in this Cause at the request of one Mr E[g]los [senior], And saith, that by the<br />
words primage and averidge expressed usually in bills of lading is here in England understood a small duetie belonging to<br />
Masters and Mariners of shipps upon the lading of goods, whereby the said<br />
Masters and Companies are held obliged to bee answerable for and not to<br />
imbeazell any such goods by them received on board, And that the word<br />
'''Averidge''' generally imports a duety or imposition layd upon goods in cases of or imposition layd upon goods in cases of +
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