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To the 5th hee saith that in case the said … To the 5th hee saith that in case the said ship<br />
the ''Abigail'' and her Lading be suncke in the sea, the same<br />
came and happened by the fault and occasion of the Master and<br />
Company of the ''Abigail''. by such their actions aforesaid and not<br />
by any fault or occasion of or in the said hall and Company<br />
in the ''Agreement'' which hee knoweth for the reasons aforesaid and<br />
further hee cannot depose:/
To the 6th hee saith for the reasons aforesaid hee well knoweth<br />
that the ''Agreement'' did not come foule of the ''Abigail'' but<br />
the ''Abigail'' on her./:
To the 7th hee saith that soe soone as ever the Master and<br />
Company of the ''Agreement'' perceived the ''Abigail'' as aforesaid<br />
coming up towards them they did not only as aforesaid<br />
endeavour to prevent her coming upon them by warning<br />
and desiring them as aforesaid to take more roome, and<br />
put the helme of their said ship the ''Abigail'' a port,<br />
but did alsoe endeavour to avoid the ''Abigail'' by goeing into<br />
the sea, as farr as they could, for the other ffleete they were<br />
in Company with as aforesaid. And saith that in case<br />
the said ship the ''Agreement'' had stood off further to sea<br />
she would undoubtedly have fallen foule of some of the<br />
ships of the said ffleete, which were before her, and further<br />
hee cannot depose./:
To the Interrogatories [CENTRE HEADING]
To the first hee saith hee was a Comon man of the ''Agreement''<br />
the said voyage, and doth not use his Endeavours otherwise than<br />
by speaking the truth of his knowledge, that the ''Agreement'' might<br />
bee cleered in this busines, but desireth that the<br />
fault of sinking of the ''Abigail'' might lye On her owne Companye<br />
for that it ought soe to doe, for the reasons aforesaid and otherwise XXX
To the second hee saith the wind was about west North west<br />
(as hee now remembreth) and saith there were very many<br />
ships round about the ''Agreement'' very neere her XXXX interrate and otherwise<br />
negatively, saving his foregoeing deposition:/
To the 3d hee saith the ''Agreement'' was a better sailer than the<br />
''Abigail'', and saith the ''Abigail'' was somewhat neerer the shore<br />
than the ''Agreement'' the time interrate, and saith some of the<br />
''Abigails'' Company called to some of the ''Agreements''<br />
Company to Starboard their behind, and further hee saith hee cannot<br />
answer:/.
To the 4th hee saith hee hath heard the ''Abigail'' is sunke by such<br />
her coming up on the ''Agreement'' as aforesaid and otherwise negatively
To the last hee saith hee cannot answer saving as aforesaid./:
Repeated before Collonel Cock.
The marke of the [MARKE]<br />
ffrancis Je[nnings GUTTER]]<br />
ffrancis Je[nnings GUTTER] +
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