CCLXIII. Younge contra Roberts
October 14, 1622
Admiralty Court, Instance and Prize, Libels 81, No. 256.
Document in Public Record Office, London.
List of Records, No. 380.
Younge co9 Robertℯ.
Quo die comp̳t dc̃us Roberts et citra revocac̃ proc̃uris sui aɫs in hac
cãa constitut̃ omnibus melioribus via modo et juris forma necnon ad õem
quemcūq̢ iuris effc̃u exinde quouismodo sequi valeñ alɫt et in iure propot
conm divm et ar̃tim provt sequitur.
1
Inprimis Qd nulla fides salt̄m de iure sufficiens fuit aut est dc̃is et depobus
Richardi Hewtye, Tilmani Henton et Walteri Cowman test̄m ex p̱te dei
dc̃i Younge in hac cãa product̄ iurat̄ et exãrat̄ ffor that they the said Hewtye
Henton and Cowman at the time of theire production and exãicon9 in this
cause were and at this p̢nte are people of noe estate credicte or æstimacon9
and duringe the voiage lite in the shippe the Garland lite did carrye and
behaue themselues looselye and idlelye and by all the Company of the
said shippe of credicte and reputacon9 were and are accounted idle fellowes
and of noe credict or truste in theire sayeings and Actions. Et pot pars ista
conm divm et de quoɫt.2
It̃m That the said Hewtye, Henton, and Cowman at the time of theire
production and exai9con9 in this cause were and at this p̢nte are capital
enimies and adversaries of the said John Roberts against whom they are
wittness̃, and favourers, frindℯ and Assistantℯ of the said Nicholas Younge
for whome they are produced and examined as wittnes̃s and such as will
saye or sweare anythinge for him that maye inable him to overthrowe
the said John Robertℯ in this cause, And for such are comonlye accounted
reputed & taken Et pot vt supra.
3
It̃m That the said Richard Hewtye, Tillman Henton and Walter Cowman
in theire deposic̃ons to the fourthe ar̃cle of the Libell given in this cause on
the behalfe of the said Nicholas Younge deposeinge that the Mr William
Wye Mr of the shippe the Garland lite in regard of the asp̱tion laied vpon
the said younge by the said Roberts grewe suspitious of him and distasted
him and expelled or turned him the said younge and his servante out of
the said shippe at Smirna and inforced them to seeke other imployments
or to that effecte and purpose haue in soe affirmeinge deposed falsely and
corruptlye nam in rei veritate The said Mr William Wye did not take any
dislike of the said younge for or by reason of any thinge that the said
Roberts speake to or of him But the dislike that the said Wye tooke
againste the said younge was for that the said younge was druncke vpon
a Sundaie and disturbed the said Wye and his companye when they were
at Praiers And the said Wye did not at Smirna or any other place expell
or turne the said younge out of the said shippe the Garland But in truethe
the said younge did miscarrye and misbehaue himselfe in the said shippe
the Garland and did at Smirna of his owne accorde quitte him selfe and
his said servante from the said shippe the Garland againste the will and
good likeninge of the said William Wye the Mr and he the said Mr Wye
did not expelle or turne him the said younge or his said servantℯ out of
the said shippe p̳vt dc̃i Hewtye, Henton et Cowman in depobus suis false
et corrupte deposuerunt. Et pot vt supra.
4
It̃m That the said Tilman Henton since his p̳duction and exai9aco9 in
this cause on the behalfe of the said Nicholas younge hath in the p̢nce of
divers credible and sufficiente wittnes̃s acknowledged and confessed that
he had deposed falsely and vntrulye for the said younge againste the said
Robertℯ in this cause, And beinge asked why he would soe doe and what
he gott by it hee answered that he gott a good Dinner: Et pot vt supra.5
It̃m That the said Hewtye Henton and Cowman in theire deposic̃ons
to the seaventh Interrogatory ministred in this cause on the behalfe of
the said Roberts affirmeinge and deposeinge that vpon a searche in the
voiage lite some triflinge things were founde in the custodye or Cabon of
the said Roberts wch he had before denied to the Mr, or to that purpose
and effecte §Have§ therein deposed falsely and corruptlye ffor the things
that were founde in the custodye or Cabon9 of the said Roberts were onely
a paire of silke garters wch a merchante that was in the shippe and §had
formerlye§ dep̱ted from her had desired him the said Roberts to kepe for
him if he could finde them beinge misseinge at the said Merchants dep̱ture
from the said shippe, And the said Roberts did never denye the haueinge
of the said garters to the said Wm Wye the Mr nor was ever inquired of or
asked by him for them provt dicti Hewtye, Henton et Cowman falso et
corrupte deposuerunt: Et pot vt supra.
6
It̃m In case there was any falleing out or wordℯ betwene the said Roberts
and younge the voiage lite in the shippe the Garland lite aboute [aboute] a
pigge of leade And that the said Roberts did tell the said younge that he
the said Younge would haue had the said Roberts fathered and owned a
pigge of leade in the Garland wch was not his but the Mrs or to that purpose
or effect Qd non fatetr p̱s ista aɫr quam sibi expedet sed penitus diffetetr et
negat, yet the said wordℯ were spoken by the said Robertℯ in answere to
the said Mrs questions examininge * * * the said * * * there-
vpon and not otherwise and the said Roberts in soe sayeinge did not doe
any * * * or iniurye to the said younge * * * it is tr * * *
the voiage lite the said younge would haue had the said Roberts to haue a
* * * of leade to be * * * not b * * * did belonge to Mr
Wye the Mr beinge hidd in the ballaste of the shippe a * * * d
* * * said younge * * * iustifye to the said Mr Wye he knewe
that pigge of leade to be the said * * * would haue faced the said
Wye out of the said pigge of leade had not * * * confessed and
acknowledged to Mr Wye and his mate that the said pigge * * *
7
It̃m Qd p̢missa oĩa et sing̃la fuerunt et sunt vera pub̴ca noria manifesta
* * * pub̴ca vox et fama vnde fc̃a fide de iure in hac p̱te requisit̃ petiɫ
p̱s ista * * * fieri et ministrari cum effc̃u p̢missa p̳ponens conm et divm
non arctans se ad oĩa * * * quatus p̱ban9it in prmissis eatenus obtineat
in petitℯ Jurℯ beneficio in õibus se * * *
[Indorsed:] Exhibit̃ p̱ Wyan apud Sowthwarke corã d̴no Judice 14° die
mensis Octobris 1622.
