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was going down the River before the wind, … was going down the River before the wind, and that the<br />
Company of the ''Mary'' seeing how the ''ffreeman'' came did<br />
call to her Company to edge asterne and did endeavour in all they<br />
could to avoyde the ''ffreeman'', and therfore left all the<br />
channell to the ''ffreeman'', and the ''Mary'' steerd upon the<br />
South Shore as neare to the shore as possibly with safety<br />
they could, soe that there was roome enough not onely<br />
for the ''ffreeman'' but other shipps to have gone by the<br />
''Mary'' in brest and not have hurt or damaged the<br />
''Mary'', And he saith that notwithstanding all meanes<br />
possible were used by the ''Marys'' Company to have avoyded<br />
the ''ffreeman'', yet the ''freeman's'' Company edged their<br />
vessell after the ''Mary'', and the ''ffreeman'' did runne on<br />
board the very mid shipps of the ''Mary'', and the boltspritt<br />
of the ''ffreeman'' did runne against the mayne Mast of<br />
the ''Mary'' with such a force that it did breake her mayne<br />
Mast into three peeces and carryed all the Masts sailes<br />
and rigging by the boord, and the stemm of the ''ffreeman''<br />
ranne into the side of the ''Mary'' and brake her downe by<br />
the water and he saith that undoubtedly if the bolt spritt<br />
of the ''ffreeman'' had not runne against the Maine Mast<br />
of the ''Mary'' the ''ffreeman'' had sunke her down right under<br />
her and all his Company had bin drowned, The premisses<br />
he deposeth being one of the said shipps Company and<br />
aboard her when the ''ffreeman'' did soe runne upon, and<br />
dammage her, and he saith that it was meer willfullnes<br />
and obstinatenes in the ''ffreemans'' Company in soe running<br />
upon the ''Mary'', for the ''ffreeman'' might easily have<br />
helped it, if she would, and that there were many spectators<br />
of the passages by him predeposed, who doe all cry out<br />
upon the ''ffreeman'' for such willfull mischeife, And<br />
further he cannot depose./
To the third article hee deposeth and saith that by reason<br />
of the sayd ''ffreemans'' falling foule on the ''Mary'' the<br />
boltspritt of the ''ffreeman'' was foule of the shrouds of<br />
the ''Mary'', and that he the deponent saw and heard the<br />
arlate Peter Whitty give order to the ''ffreemans'' Company<br />
to cutt the ''Mary's'' shrouds and foresaile, saying hee<br />
would beare them out in it, and that the sayd Whitty<br />
did call the ''Marys'' Company Collyerly doggs, and say that<br />
he had not cared if he the sayd Whitty had sunck the<br />
said vessell the ''Mary'', if he could have saved the<br />
mens lives, and that the Company of the ''ffreeman''<br />
did according to the sayd Whittys order cutt the shrowds<br />
and sayles of the ''Mary''; And further he cannot<br />
depose.
To the fourth he deposeth that not long after the<br />
damages by him deposed of were done to the<br />
''Mary'', he the deponent heard the arlate Peter Whitty<br />
tell Robert Yaxley the Master of the ''Mary'' that he<br />
would make them satisfaction for the damage he had<br />
done the shipp the ''Mary'' And further he cannot depose.
To the last he saith his former deposition is true./
To saith his former deposition is true./
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