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comming foule upon them, Howbeit hee saith … comming foule upon them, Howbeit hee saith the said Laverick<br />
and Company in the ''Abigail'' did in a Willfull manner<br />
come on after the ''Agreement'' before the wind, and wilfully<br />
runne upon the ''Agreement'' and touched her bowe and quarter<br />
and after shee had soe done shee steered round and<br />
stood towards shore and never touched the ''Agreement'' after that<br />
time. The Premisses hee deposeth being on board and one<br />
of the Company of the said ship the ''Agreement'' the said<br />
voyage, and time aforesaid, and was one that called<br />
out to the ''Abigails'' Company to the effect aforesaid, And<br />
further deposeth not./,
To the 4th hee saith that at such time as the said ship the<br />
''Abigail'' did as aforesid runne upon the ''Agreement'' and<br />
touched her bowe and quarter, the said ship the ''Abigail'',<br />
was to windward of the ''Agreement'' and saith it is not possible<br />
for a ship that is to Leeward, to runne or come foule<br />
of a ship that is to windeward., And saith that had<br />
not the said Hall and Company used all dilligence<br />
and Endeavour for the Avoiding the ''Abigail'', the ''Abigail''<br />
would have runne upon the midship of the ''Agreement'' and<br />
by that meanes would have sunck her and her Lading of<br />
Coles on board her. This hee knoweth for the reasons aforesaid<br />
And further hee cannot depose/:
To the 5th hee saith that in case the ''Abigail'' and her Lading<br />
are sunke in the sea, the same was occasioned meerely<br />
by the said Laverick and Company in the ''Abigail'' in Coming<br />
up soe fast, and putting their helme a starboard as aforesaid, and<br />
not by any fault, occasion, wilfulnes or Carelessnesse of the<br />
said hall and Company of the ''Agreement''. And further<br />
deposeth not.
To the 6th hee saith the said ship ''Abigail'' came foule of the ''Agreement''<br />
and not the ''Agreement'' on her/.
To the last hee saith that when the Master and Company of the<br />
''Agreement'' sawe the ''Abigail'' as aforesaid Coming towards them<br />
the said Hall and Company of and in the ''Agreement'' did not only endeavour<br />
as aforesaid to prevent her Coming foule of them, by warning them<br />
but did alsoe goe into the sea as farr as she could for the<br />
said ships of the said ffleete which neere by and and iust before, her,<br />
And saith that in case the ''Agreement'' had stood further oft to sea, shee<br />
would have fallen foule of some or one of the said ship by and for her as aforesaid XXXX<br />
yeilding a reason of his Knoweledge as above. And further<br />
hee deposeth not./.
Tourther<br />
hee deposeth not./.
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