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of the Clock of the morning of a Certaine … of the Clock of the morning of a Certaine day being about<br />
foure or five dayes after her Coming out from thence and<br />
that time, hee saith the ''Agreement'' was sailing with<br />
and Easy saile leaving her Topsailes Lowered, and her<br />
spritsaile Crosse her nose, to keepe her Lead, and the Company<br />
of the said ffleete, and being this sailing, the said Ship the<br />
Abigail, (which was as aforesaid a Sterne of the ''Agreement'')<br />
came on after the ''Agreement'' with all here sailes set, and<br />
did come very neere the ''Agreement'' insoemuch that the said<br />
John hall and Company of the ''Agreement'' fearing that shee would come<br />
foule of her some of them called out to the Master and the Company<br />
of the ''Agreement'' which words some of the ''Abgiailes'' Company<br />
heard. of this deponents certaine knowledge for that they made some answer<br />
thereto (but what such answer was hee rembreth not).<br />
Notwithstanding the Master and Company of and in the ''Abigail''<br />
would not, take more roome, nor put the helme of their<br />
said Ship a port as they were desired to doe by some of the<br />
''Agreements'' Company as aforesaid, but ranne to Windward of<br />
her, they Starboarded the helme. and Ranne stemling with<br />
the ''Agreement'' And the said hall and Company perceiving<br />
such theire Carleless actions, did Imediately beare upp<br />
and did use all meanes and endevours to avoid the ''Abigailes''<br />
Coming foule of them, but Notwithstanding such the<br />
endeavours used by the Master and Company of the ''Agreement'' the<br />
Master and Company of the ''Abigaile'' did in a wilfull or Carles<br />
manner come on after the ''Agreement'' with a swift saile, and<br />
before the winde. and wilfully or negligently came upon the<br />
said ship the ''Agreement'' and onely touched her bowe<br />
and quarter, and then came round, and stood to shore<br />
and the ''Agreement'' kept on her Course, and never touched the<br />
''Abigail'' after that time, The Premisses hee Disposeth seeing and<br />
hearing the same:: And further, hee cannot depose. /.
To the 4th hee saith that at such time as the ''Abigail'' came<br />
upon the ''Agreement'' and touched her bow, and quarter as aforesaid.<br />
the Abigail was to windward of the ''Agreement'' and saith it was<br />
not possible for the ''Agreement'' to come foule of the ''Abigail'', the<br />
''Agreement'' being to Leeward of her, and the ''Abigail'' comming<br />
directly before the winde, and saith that had not the , ''Agreements''<br />
Company used all indeavours that possibly they could for the avoiding<br />
of the ''Abigail'', the ''Abigail'' would have broake downe the Midshipps<br />
of the ''Agreement'', thereby sunke her and her lading. And further<br />
hee deposeth not to this Article./.
Tot;
hee deposeth not to this Article./.
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