HCA 13/73 f.32r Annotate
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comming foule upon them, Howbeit hee saith the said Laverick
and Company in the Abigail did in a Willfull manner
come on after the Agreement before the wind, and wilfully
runne upon the Agreement and touched her bowe and quarter
and after shee had soe done shee steered round and
stood towards shore and never touched the Agreement after that
time. The Premisses hee deposeth being on board and one
of the Company of the said ship the Agreement the said
voyage, and time aforesaid, and was one that called
out to the Abigails Company to the effect aforesaid, And
further deposeth not./,
To the 4th hee saith that at such time as the said ship the
Abigail did as aforesid runne upon the Agreement and
touched her bowe and quarter, the said ship the Abigail,
was to windward of the Agreement and saith it is not possible
for a ship that is to Leeward, to runne or come foule
of a ship that is to windeward., And saith that had
not the said Hall and Company used all dilligence
and Endeavour for the Avoiding the Abigail, the Abigail
would have runne upon the midship of the Agreement and
by that meanes would have sunck her and her Lading of
Coles on board her. This hee knoweth for the reasons aforesaid
And further hee cannot depose/:
To the 5th hee saith that in case the Abigail and her Lading
are sunke in the sea, the same was occasioned meerely
by the said Laverick and Company in the Abigail in Coming
up soe fast, and putting their helme a starboard as aforesaid, and
not by any fault, occasion, wilfulnes or Carelessnesse of the
said hall and Company of the Agreement. And further
To the 6th hee saith the said ship Abigail came foule of the Agreement
and not the Agreement on her/.
To the last hee saith that when the Master and Company of the
Agreement sawe the Abigail as aforesaid Coming towards them
the said Hall and Company of and in the Agreement did not only endeavour
as aforesaid to prevent her Coming foule of them, by warning them
but did alsoe goe into the sea as farr as she could for the
said ships of the said ffleete which neere by and and iust before, her,
And saith that in case the Agreement had stood further oft to sea, shee
would have fallen foule of some or one of the said ship by and for her as aforesaid XXXX
yeilding a reason of his Knoweledge as above. And further
hee deposeth not./.