HCA 13/73 f.33r Annotate
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of the Clock of the morning of a Certaine day being about
foure or five dayes after her Coming out from thence and
that time, hee saith the Agreement was sailing with
and Easy saile leaving her Topsailes Lowered, and her
spritsaile Crosse her nose, to keepe her Lead, and the Company
of the said ffleete, and being this sailing, the said Ship the
Abigail, (which was as aforesaid a Sterne of the Agreement)
came on after the Agreement with all here sailes set, and
did come very neere the Agreement insoemuch that the said
John hall and Company of the Agreement fearing that shee would come
foule of her some of them called out to the Master and the Company
of the Agreement which words some of the Abgiailes Company
heard. of this deponents certaine knowledge for that they made some answer
thereto (but what such answer was hee rembreth not).
Notwithstanding the Master and Company of and in the Abigail
would not, take more roome, nor put the helme of their
said Ship a port as they were desired to doe by some of the
Agreements Company as aforesaid, but ranne to Windward of
her, they Starboarded the helme. and Ranne stemling with
the Agreement And the said hall and Company perceiving
such theire Carleless actions, did Imediately beare upp
and did use all meanes and endevours to avoid the Abigailes
Coming foule of them, but Notwithstanding such the
endeavours used by the Master and Company of the Agreement the
Master and Company of the Abigaile did in a wilfull or Carles
manner come on after the Agreement with a swift saile, and
before the winde. and wilfully or negligently came upon the
said ship the Agreement and onely touched her bowe
and quarter, and then came round, and stood to shore
and the Agreement kept on her Course, and never touched the
Abigail after that time, The Premisses hee Disposeth seeing and
hearing the same:: And further, hee cannot depose. /.
To the 4th hee saith that at such time as the Abigail came
upon the Agreement and touched her bow, and quarter as aforesaid.
the Abigail was to windward of the Agreement and saith it was
not possible for the Agreement to come foule of the Abigail, the
Agreement being to Leeward of her, and the Abigail comming
directly before the winde, and saith that had not the , Agreements
Company used all indeavours that possibly they could for the avoiding
of the Abigail, the Abigail would have broake downe the Midshipps
of the Agreement, thereby sunke her and her lading. And further
hee deposeth not to this Article./.