Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	bring_v	case_n	1,979	5	6.5772	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77341	A breviate of a sentence given against Jerome Alexander Esquire, an utter barrester of Lincolns-Inne, in the court of Star-chamber, the 17th day of November, in the second yeer of the raign of our soveraign Lord King Charls, of England, Scotland, France, and Ireland, &c. With exceptions taken to the said sentence, to unfold the iniquity thereof. With a short narrative of divers other passages and oppressions, wherewith he hath been also grieved in other times of his life, both before and since. Printed for the satisfaction of his friends, against those many calumnies and aspertions raised thereupon to blemish him in their opinion, and in the opinion of all others with whom he hath to do.		1644 (1644)	Wing B4410; Thomason E1066_2; ESTC R211322	183,530	157

anno praed Forthe Charges of one of the Defendants in coming up to Reading-Term to attend the hearing of the cause there 02 00 00 For the Attorneys Fees 00 03 04 To several learned counsel to attend the hearing at the Bar this Term 04 00 00 For the said Defendants charges in attendance at Reading-Term and return home 03 10 00 The Attorneys Fees of these Terms Termino Hillarii anno praedicto 00 10 00 The Attorneys Fees of these Terms Termino Pasche anno 2 Car. R. 00 10 00 The Attorneys Fees of these Terms Termino Trinitat anno praedicto 00 10 00 Termino Michaelis anno praedicto For the charges of two of the Defendants in coming up this Term to attend the hearing of the cause 03 00 00 For the Attorneys Fees 00 03 04 To several learned counsel to attend the hearing at the Bar two severall days this Term 12 00 00 For the entry and copie of the Order of Dismission 00 10 00 For the Fees of the four Defendants Dismissions 00 08 00 For the charges of the said two Defendants in their attendance here this Term and their return home 01 00 00 For drawing this bill of costs 00 03 04 For the Attorneys Fee for the same 00 03 04 For the Warrant and Subpena for costs 00 04 06 Sum. total 198 19 06 Taxat ad 130 00 00 Hamo Claxton Tho Coventry Cust Thomas Talbot of London Gent. doth depose That this writing is a true copie of the originall Bill of Costs remaining upon Record with Master Claxton and examined by the Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche To this Bill of Costs Master Alexander hath these just Exceptions First he leaveth it to judgement if the Defendants Attorney in that Suit who drew it up and presented it did give a clear and fair title to this Bill of costs or not for by the Testimony and Evidence aforesaid it appears that the Complaint was neither wrongfull unjust vexatious malicious or slanderous the Perjury Subornation imbracery and threatning and terrifying of Witnesses being so fully and clearly proved as before Secondly it appeareth that in the Bill of costs he setteth down in the foot the totall thereof to amount unto 191 l. 19 s. 6 d. whereas re vera and in truth the sum is but 162 l. 17 s. 6 d. being rightly cast so that he sets down 36 l. 2 s. more in his totall then is contained in his particulars And this I may be bold to say was not well done nor according to his duty for by this means the greater costs were allowed unto the Defendants Nor is this all the injury done to Master Alexander by this Bill of costs for there are many unwarrantable particulars therein also inserted no ways to have been demanded or allowed for there is set down of this for the Defendants very travelling-charges and expences 76 l. 13 s. 4 d. and of his 3 l. 6 l. 11 l. and 16 l. set down spent in a Term when after the first Temr of their appearance and putting in of their Answers in Court their defence was made by a Sollicitour who at most had not above 10 s. a Term for his pains Besides they were Yeomen and not of any quality that they should be so lavish in their expences Nor is this all for in this Bill of costs there is also set down for counsel-Fees and their Clerks Fees 46 l. 3 s. 4 d. or thereabouts and 4 l. 5 l. 12 l. set down for counsel-Fees in a Term when nothing is said to be done but perusing of Books and attending at the Bar whereas according to the nsuall course of all Courts the Client Plaintiff or Defendant recovering or being dismissed upon his Bill of costs is but to insert and ought not o be allowed more than 10 s. for a Counsellours Fee and but for one counsel in a Term if he retains more or rewards them better it is of his own superfluity and for his own dispatch and all this 130 l. was demanded upon the matter but for nine Terms proceedings For though it be true that the Cause depended 24 Terms yet in 15 of those Terms nothing was done wherein counsel was used as it doth appear by the Bill of costs it self The Attorneys of this Court when they did enter into their Offices did take a solemn Oath to behave themselves justly towards His Majestie and all His loving subjects and that it was one part of their duties in their places to have drawn up Bills of costs for their Clients after Sentences and Dismissions wherein they ought not to have exceeded their bounds and moderation without the subjecting themselves to the danger of censure so when these Ministers of the Court did transgresse and go beyond their rules and limits it was no warrant to the said Lord Keeper in whom the oversight and controll thereof did onely lie thereupon to do injury to any other Through nescience it could not be cannot be presumed done by negligence especially being at the first entrance into his place for some other reason then it was which I must leave you to imagine Moreover it was the course of that Court in all cases that where the Defendants or any of them were proved guilty of the crimes and offences charged in the Bill albeit in respect of some intervenient acts it so fell out as that they could not be sentenced the same not being an act of the Complainants own wrong in such causes albeit the Defendants were freed from censure yet did they usually pay the Plaintiffs their costs as in the case of one Tunstall and of one Allen in that Court a citizen of London who had a Bond from the friends of one of his Apprentices in 40 l. conditioned for his said Apprentices truth and faithfull carriage of himself in his Masters service and this 40 l. was placed in the Bond in figures And the Apprentice imbezzelling more from his Master then the Penalty would satisfie he added a cypher and made it 400 l. and upon that brought his Action for which a Bill of Forgery was preferred against him in the Star-chamber and upon a solemn debate and hearing of the cause albeit it was adjudged to be no forgery but did onely make void the Obligation and so left him remedilesse to recover any thing upon than Bond and therefore the cause dismissed yet the truth and allegation of the Plaintiffs Bill apearing to be proved to the Court he was adjudged to pay the Plaintiff his costs And so in many other cases of like nature it hath been done in that Court And whether Master Alexanders case be not much better proved against the Defendants in his Suit of crimes censurable the act of God onely preventing the punishment of the Perjurour and thereupon the Suborner onely cleared of that charge and the other charges of the Bill against the other Defendants confessed in the Sentence to be proved

and how could I be safe to have had such men as these to mine enemies whose malicious conclusions concerning me have been like those of Logick ever following deteriorem partem but that Rule ought to be straight that squareth other things yet if they could but snatch a shadew or shape a surmise of evill in my actions of a molehill they have made a mountain and raised a scandall where there hath been no cause knowing that the least blemish mars a Dyamond and yet in the midst of all these clamours and loades of slander this hath born up my heart God knows my works and though ignorance and malice heretofore hath set upon my skirts and censured me yet God I hope will at one time or o ther put them forth with the Coment of my honest and just meaning Psal 37. 6. and dealing upon them and not as heretofore tortured and drawn with false expositions of mine adversaries and that which quieted Jobs spirit in the midst of all the mis-apprehensions of his friends hath ever been and shall be still my comfort Job 16.12 Behold my witnesse is in heaven and my Record is on high Act. 12.2 But Festus to do the Jews a pleasure will leave Paul bound Herod and Agrippa kill James and imprison Peter under the custody of 16. Souldiers and so the ungodly for his own lust doth persecute the poore Act. 25.2 Vp Lord disappoint him and cast him down and deliver my soul from the ungodly Psal 10.2 6. which is a sword of thine that the men of the earth may no more oppresse for when my foot slipt they rejoyced greatly against me and though we cannot expect but that we must shift our garments Psa 17.3 Psal 10.18 Psal 38.16 and sometimes weare sack-cloath yet Lord set my heart in tune whether to Lachrimae or Hallalujahs and thus you my see the discouragement and discountenance that I have had in this world that if any man hath but chanced to favour me I have been spoken against as when Christ called Zacheus Luke 19. the people murmurring said He is gone to be a guest with one that is a sinner but a Carping humour is a signe of a wek judgement afflictions you may perceive then have followed me as Jobs messengers before the first was dispatched there appeared a second before that was ansered a third followed like Ezechiels Prophesie Ezek. 7. mischiefe upon mischiefe and rumour upon rumour but 't is too late to mourn when the chance is past howsoever though few faire dayes have been in my Calender yet let him that stands take heed lest he falls for the Hawk that trusts too much unto her wings if she soar too high may so be lost that gazeth to catch a star too my easily fall and let not men be too bold to play with other folks noses least perchance thereby their own be taken by the end for he that sets his neighbours house on fire must take heed least he burnes his own for whoseoever will speak and do what he list is like to have and hear more than will please his humour 't is hard to cover smoak but it will burst out the tongue will bewray the intentions of the heart and thus we shall know how the clock goes by the striking of the Bell and if then being forewarned we be not forearmed against the ensuing danger there is no man will pitty him that in such case shall groan under the burthen I have in my time met with all kindes of opposition but with no wrath and cruelty like that which hath proceeded from weaknesse and cowardize having had either jealousie advantage or despaire to set it on and yet those which as the Prophet speaks do break mens heads with oyle make a poyson of their own merits to kill them with praises are bad enough that love not to have their bad meanings and actions to be found out as those also which being displeased with Mordecai think it a scorn to lay hands on him alone and therefore his whole Nation must suffer with him with Seianus the storme must light on his family and friends aswell as on himself and hatred is so overflowing a passion that it will sometimes rather strik a friend too then not to reach an enemy as Darius pereat cum inimico amicus let my friend rather perish with mine enemy then that mine enemy escape by my friend and yet again there is scarce a more hatefull quality in the eyes of God and man then that of the Herodians to lye in waite to catch an innocent man and then for to accuse him and such I have had to deal withall unlimited desires also will repine to see another have that which himself wanteth as Dionysius the Tyrant did punish Philopenus the Musitian because he could sin and lato the Philosopher because he could dispute better then himself but Nemo repente fit turpe no man becomes bad upon a suddaine for a man may shoot and misse the mark and yet sot his ayme as straight as he that shoots and hits the white desire makes us what we are and affection when it doth expresse its desire is to be considered though by chance it misseth to do what was expected Apelles was no good Painter at the first 't is tract of time that makes things to appear as they are indeed the Juniper is sowre when 't is a twig and sweet when 't is a tree I but saith my adversary if his innocence had been such as he makes shew of why then hath he not in all this time put the matter unto tryall to purge himself you shall perceive by that which follows that I have neglected no oopportunity to bring this gold unto the touch-stone my disaster hath been onely in this that the publike affaires of the kingdome would to this houre never admit me so much leisure for the examination of this particular that I could procure it to be heard besides that in all this time I have not wanted those that have done me many ill Office in this matter and that wish it never ended but that still it may lye as a rod over my head or as a staffe to beat me withall upon all occasions behinde my back besides when fury doth rage and rave we say there is no putting of truth unto tryall for so to snuffe the candle were but to put out the light and every wise man knows the hen that cakles hath not alwayes layd will not beleeve every vaine report that comes aborad but with those wise Bereans are more nobler minded men then those of Thessalonica will first search and see whether those things be so or no so that though the Serpent Porpherious hath much poyson in him yet wanting teeth can do little hurt and therefore as David said concerning Sheimei Let him alone It may be the Lord will look on my affliction 2 Sam. 16 11.12 and requite good for his cursing this

wholly set aside and albeit John Warren in his Deposition to other Articles proves in effect the said Yates guilty of the said offence 2 That albeit Yates upon the said Hearing was once fined for the said Offence yet he was afterwards dismissed when sufficient matter thus appeared against him 3 That the Dismission was given and costs awarded against him when he had proved some part of his complaint against some other of the Defendants besides Yates who dying before the hearing thereof escaped a censure for which cause the act of God onely intervening he ought to have had his costs and not paid costs 4 That this Dismission was given when it appeared to the Court by so much of the causes as was already heard that he had probabilem causam litigandi and therefore if he should have had no costs ought by the course of the Court to have paid no costs 5 That 130l. Costs was taxed by the late Lord Coventry then Lord Keeper against him whenas by the Bill of costs it doth appear that they are very immoderate and extreme 1 First by the sum and totall thereof summoned up in the foot of the said Bill of costs there appears to be 36l. 10s. or thereabouts cast into the totall of the said Bill more then re vera the same do amount unto by the particulars of the said Bill which must of necessity be done to give colour to tax and allow the more costs against the Petitioner 2 That there is 76l. 10.4 set down for the Defendants travelling charges and sometimes 8l. and 12l. and more in a Term when in all that time after the appearance and answers put in their cause was commonly followed by their Agent and Attorney who have their Fees allowed them in the Bill of costs besides 3 That in the Bill of costs 40l. and more is set down at least for counsel-Fees in nine Terms and sometimes 12l. in a Term when by the ordinary Rules of the Court the Defendants should have had allowed but one counsel in every of these nine Terms and but 10s. a Fee in every Term for what is given more is of the clients own superfluity and not to have been charged upon him So there is 116l. 10s. and more set down for travelling charges and counsel-Fees Secondly against the Sentence That it is illegal and without foundation for the matter and manner of the said Sentence besides That the Paper-copie of that Deposition in which the words are supposed to be blotted he could never see to this day to be satisfied that it was so it being taken from his servant in his absence nor had he perused it of neer three yeers before that time but were with his Sollicitour attending for a hearing First for the matter of it It is alleadged in the Sentence to be done by him for his own advantage which is not so 1 Because it appears he had no need to help the testimony of that Witnesse by so indirect a course because it appears clearly in the Books that there is sufficient testimony besides for the proof of that Charge 2 It cannot be presumed that he who had probabilem causam litigandi and therefore by the course of that Court was to have paid costs albeit the Defendant had not been fined would commit a Misdemeanour which would not redound any thing to his benefit 3 It cannot be presumed that he would have done that act which must of necessity have been controlled by the Defendants copie then present in Court and by the Record it self 4 It cannot be presumed any such act would have been done so grosly a mark of eminence being made in the Margent which would have made the thing the more remarkable Secondly 1 Paper-copies of Depositions and Records are not credited till be justified for true copies upon Oath which he never did do as appears by the Sentence 2 The common-Law and that Court of Star-chamber imitating the Law in that have never punished offences of this nature with more then the losse of the fruit of that thing intended in it 3 If Offences of this nature begin but by the tender of them to be read it cannot be applied to him as an Offence for Nevile his Sollicitour in the cause had the Books and managing of the cause at the hearing and delivered them to Master Jones his Master and Atturney in the cause to read Thirdly In all causes criminall if the supposed Delinquent deny the fact there ought to be no proceeding without Bill or Information Answer and Examination of Witnesses so that the party may make his Defence in this case He did upon his Oath deny the fact objected yet the Court proceeded without Information Bill Answer or Examination of Witnesses whereby he lost the be benefit of making his just Defence Fourthly against the ground of the Sentence viz. the proof of the fact objected 1 First he did upon his Oath deny the fact and there is no proof at all either by confession deposition or otherwise to convince him 2 That testimonie which is produced is then such upon whom the crime must have fallen in case he were not guilty so that testimony onely tended to purge such as deposed it Nevil himself 3 That M. Alexander against all ordinary proceedings of Justice after he had purged himself upon his Oath was again enforced to be sworn and reexamined upon his Oath to have accused himself and this his reexamination pressed against him in the Sentence against the truth thereof 4 Matters extrajudicial and diverse from the thing in question is received and deposed against him and inverted in the Sentence contrary to all ordinary Rules of proceeding and to the truth it self Fifthly against the sentence it self 1 It is given against him without any legal notice and in his absence necessitated upon reall occasions whereby he was disabled to make his Defence 2 It was interlaced with divers scandalous and impertinent suggestions thereby to render him causlesly odious and with some untrue surmises viz. of proof of the crime and of contradiction in his Examinations neither of which are so 3 In case the Proceedings had been legal and the Fact had been proved yet the Sentence is excessive 1 Excissive in respect he had suffered before viz. the reversall of a Sentence pronounced for him and taxing of 130 l. costs to the Defendant 2 Excessive in it self disabling him to use his profession either publikely at the Bar or privately in his chamber 3 Fining him 500 l. to His Majestie 4 In adjudging him to Imprisonment till he should make a publike Submission in Court and confesse himself guilty of the Offence whereof he was innocent 5 In inviting his expulsion out of the Society of Lincolns-Inne whereof he was a Member which thereupon was done and his chamber seized and taken from him for no other cause 6 In giving 50 l. damages to Nevile who was the wrong-doer and guilty of the said Offence Sixthly against the Proceedings

and 36 Interrogatories Matthew Lancaster Esq li. C. fol. 1. to the 12 13 and 26 Interrogatories Edward Olifer li. A. fol. 1. to the 5 6 7 and 8 Interrogatories These four Witnesses do prove the same things with the former Deponent Master Robert Warren Clerk by whch the Perjury of Master Owen Godfrey rests cleerly proved without exception and the carriage of Yates to have circumvented Master Alexander in that Triall and to have condemned him in his absence without defence doth manifestly appear also And the Perjury being so cleerly proved the Subornation of Yates is an infallible Consequent thereof But to make it a little more cleer Thus much is deposed by John Allen Gent li. A. fol. 65. to the 36 Interrogatory To which this Deponent saith That it hath been generally held and reported in and about the countrey where the now-Complainant and the said Defendant Yates lived that the said Defendant Owen Godfrey was made and wrought by some of the said Yates his friends to go to the last Assizes at Thetford to testifie for the said Yates against the now-Complainant William Page li. C. fol. 32. to the 48 Interrogatory To which the Deponent saith That at the request of John Yates he went unto Master Owen Godfrey and requested him to be at the Assizes to deliver his Testimony between the said Complainant and Jerome Alexander the Defendant telling him That if the said Master Godfrey did not come Yates could not have his cause tried The said Master Godfrey answered this Deponent upon his speech with him That he could not come and that he could do the said Yates no good in the said triall because it was so long since the said Bonds were delivered that he did not remember how they were delivered And yet afterwards he was procured to come and to depose falsly which must be by some stronger perswasion and means used by Yates then before All which being added to the grosse perjury of the said Master Godfrey left not Yates excusable of the Subornation of that Perjury which tended to his onely advantage Then there was this Testimony to prove the Imbracery John Chapman li. C. fol. 35. to the 54 and 56 Interrogatories Saith That upon some speech with Allan Lampkin one of the Jurours concerning the said Triall the said Lampkin said to him that the said Yates should lose much money if the Triall passed not with him which shewed how he stood affected to Yates his part and was a giving of his Verdict before hand Richard Brampton li. A. fol. 54. to the 19 Interrogatory Saith That on the Saturday next before the Assizes being the Assizes in which the said cause was tried one Allan Lampkin who was one of the Jury summoned to appear at the said Assizes for triall of the Issue then to be tried between the now-Complainant then Defendant and the now-Defendant Yates then Complainant came to the Deponent who was likewise returned of the said Jury and did ask when he meant to go to the said Assizes and this Deponent answered him That he meant to go next morning saying That if he were there any time before noon it would be time enough Whereto the said Lampkin replied That he would ride away to Thetford that night and wished this Deponent to ride with him saying That the said Yates had brought down the Writ of Nisi Prius as well as the said Alexander and that he would have the matter tried at the first sitting if he could in the morning if he could and withall intreating this Deponent that he would say nothing thereof to the said Alexander for that Yates would not that he should know thereof by any means To 22 saith That after the Evidence given to the Jury at the said Assizes at Thetford between the now-Complainant and the now-Defendant Yates the said Allan Lampkin being one of the said Jury did so soon as the Jury were gone together to consider of their Evidence use these speeches viz. Masters we must finde for the Complainant meaning the now-Defendant Yates who was Plaintiff in the said Action and therefore do what you will I believe none but Master Godfreys Testimony and here will I lie if ye finde not for Yates And thus Wacy and Lawrance his companions out of spleen to the sai Complainant would be of the same mindes and these drew the rest of the Jury to give a Verdict in that cause for Yates against the truth Others also testifie the same carriage by these Jurours Upon all which matter it doth appear that Yates his terrifying of Witnesses were not the main charges of the Bill as the Sentence relates And by this also it doth appear that Master Alexander had fully proved the Perjury Subornation and Imbracery But Master Owen Godfrey the Perjurour died before the hearing of the cause and therefore the suborner Yates could not be fined for the Subornation yet by this it doth appear that the said Complainant had more then probabilem causam litigandi and therefore ought to have paid no costs c. 2. FOr proof of which Offence and Misdemeanour against the said John Yates the said late Plaintiff Alexander produced onely two Witnesses namely Robert Warren Clerk and John Warren his brother whose Depositions were openly read in Court and the Deposition of the said Robert Warren was positive and direct of his own knowledge and the Deposition of the said John Warren was upon hearsay Yet the said Alexander for his own advantage had blotted out and defaced the copie of the Deposition of the said John Warren taken in Court to the 39 Interrogatory on the said Alexanders part in these two words viz. that and did and delivered the same copie of the said John Warrens Deposition to the said 39 Interrogatory with the words that and did so blotted out and defaced as aforesaid to his Attorney in this honourable Court to be read in Court upon the hearing of the said Cause against the said John Yates which was read accordingly and by that means the Deposition of the said John Warren was made positive and absolute as of his own knowledge and thereupon this honourable Court and all the honourable Presence here sitting were much abused and misled in their judgements and opinions to sentence and condemn the said John Yates for that offence of threatning and terrifying of Witnesses and for the same to fine him the said Yates to pay to His Majesties use one hundred Marks and to be committed to the prison of the Fleet and the Warden of the Fleet had there taken him into his Custody accordingly Sentence fol. 1 2. Whereas t is alleaged that onely two Witnesses were produced at the hearing those mentioned in the Sentence to prove the said Yates guilty of that offence of terrifying of Witnesses it followed upon this that Master Alexanders Counsel to whom the managing of the Cause at the hearing was left and as is usuall in like cases they began to prove that Charge

done him The truth is Master Alexander went then to Jones his Studie in Grays-Inne being his Attorney thinking to have had the Sentence drawn up against Yates not suspecting any such action to have fallen out in the interim after the hearing of the Cause where he found these two Attorneys Jones and Hooker together consulting as it doth seem by the sequel of their actions how they might fasten this miscarriage upon Master Alexander and Master Alexander desiring to have the Sentence drawn up against Yates they told him It could not be and then expressed the Reason which as it was sudden and unexpected so it could not but drive him into wonder and admiration which rather expressed his innocence then any ways declared his guilt to which purpose they endeavour to wrest it And the Books and Breviats having lien above three yeers before ready and prepared for the hearing unseen by Master Alexander to that time for nevile his Sollicitour had them in his custodie a long time together before the hearing and managed them in Court and whether the Charge be true or false Master Alexander must onely take it upon their credit for he was never admitted to see the Book in which this Charge is mentioned to be done to this hour albeit he hath diversly endeavoured for to attain that favour and justice Nor maketh it for their purpose if his Answers were doubtfull to their Question of whom he had the Books for the memory is not always so trusty and ready that upon such a sudden surprisall it can resolve the Demand it must be a work of Recollection that pofitively determines of things so long before-hand acted Nor was it materiall from thomsoever the Books were received and in that time of necessity they must passe many times from hand to hand to make such preparation out of them as were fit to be made use of by Counsel and other2ise at the hearing all which was done immediately after publication above three yeers then before But the matter was Who committed that offence which Jones and Hooker were thus conspiring together how to fix upon Master Alexander and therefore laboured to entrap and entangle him in his talk which no fair practiser I had almost said No honest man would have endeavoured against his Client nor no Attorney that had respected his credit where his credit was no more concerned in it then Master Hookers Then as for their going all together into the Examiners Studie to view the Record if it were so shews that all parties were doubtfull how the Deposition stood What inference can be then drawn from thence by any in different judgement in the least therfore to suspect Master Alexander guilty of this Accusation but serves to excuse him rather that thus laboured to be truely informed the first how it should come about and that Master Alexanders first vows and imprecations as they are pleased to call them passing in their discourse together when they thus lay in wait to have intangled him in that conference if to be so as they alleadged which was never confessed or proved by them and that matter which Master Alexander hath at severall times declared upon his Oath for his own acquittall are not so contradictory diverse or usefull to their cause that any thing can be drawn from thence to make good the charge against him And when that Point shall come to be cleared which is further contained in the Sentence concerning it and which Master Hooker hath deposed Master Alexander shall give it a satisfactory answer The Spirits of the men too may be observed in this their Relation towards Master Alexander how far they are transported even with contempt to his person and quality standing in an equall degree with them every way both in Birth and Fortune that hath no so much addition given him by them as is due to a Gentleman whiles themselves are carried thorow with additions that become men of rank and estimation 6. YEt afterwards the said Alexander desirous and plotting how to excuse himself of defacing and blotting out of the said two words that and did out of the copie of the said Deposition and to lay and fix it upon the said Henry Nevile one of Master Jones his Clerks on the morrow after being the 26 day of October last came into the Star-Chamber-Office in Grays Inne and before Matthew Goad Esquire Deputy-Clerk of this Court being sworn upon the holy Euangelist did make a voluntary Oath and Affidavit That he having retained Master Jones for his Attorney and Henry Nevile to take care and sollicite his said Suit and the Cause coming to publication the said Nevile undertook to procure for him the said Alexander the copies of the said Depositions taken in that Cause and for that purpose not onely receivedy the Fees and Duties for such copies as he had procured for him the said Alexander but likewise had extraordinary reward and satisfaction for his pains therein and that he said Nevile went with him the said Alexander to the Examiner Office of this Court and there procured other copies of Depositions belonging to this Cause which were delivered to the said Alexander in the presence of the said Nevile amongst which was contained the Deposition of the said John Warren That done he repaired with the said Books to Master Hudson being of his Counsel to be advised and to peruse the same Depositions All which Depositions being perused accordingly aswell of the said John Warrne as to the rest and his said Counsel concerning the said John Warrens Deposition to the 39 Interrogatory to be something doubtfull he made a mark in the margin thereof and wished the said Alexander for his better satisfaction to go and get the same examined in the Office to see if the same Deposition were truely copied And that accordingly the said Alexander repaired therewith to the said Nevile and informed him what his Counsel had directed for examining the copie and the said Nevile took the said Deposition of the said Alexander and carried it to the said Examiners Office but the Examiner not being within the said Alexander did leave the said copie of the said Deposition with the said Nevile to be examined promising him satisfaction and content for his pains And shortly after the said Alexander called unto the said Nevile for the same who told him that he had examined the said Warrens Deposition in that point with the original and that he had then made it to agree with the Record and so delivered the same back again to the said Alexander with the two words that and did rased out in the said John Warrens Deposition as now it was in the said copie and after that the said Alexander protested upon his salvation That the said sever all words that and did were in the said Warrens Deposition fair written when he delivered the same into Neviles hand and that the said words were rased and blotted as they then were when he received the

particulars following 4. By the Lord Keeper Coventry his readinesse to embrace the least hint and occasion offered to charge M. Alexander with this Accusation whereof it hath appeared unto you herein before that he was innocent 5. That upon the first Motion though out of Court his Lordship instantly released Yates who stood fined in Court and was then in custody upon a Censure appearing to have been justly given against him 6. That the said Lord Keeper being the supreme Judge of that Court and in order unto his place directing all Causes in the manner of their proceeding unto Judgment his Lordship gave Rules and Orders in this matter against all the Rules and Orders of that Court. 7. Thus hee irregularly admitted of an Oath in this Cause for to confront an Oath contrary to all practise and the duty of a good Judge for that where an Oath is once received and upon Record in a Court of Justice an other Oath in the Negative hath never been admitted point-blank in opposition to the former The onely Remedy in such Cases being by Bill or Information that all parties concerned may interplead the matter in difference and thereupon right and justice to bee done where the fault is found 8. That where the Accusation hath been once answered upon Oath in the particulers of the Charge it is against the ordinary rules of all Courts of Justice for to re-examine that party again upon those very things to which he hath precisely answered yet did the said Lord Keeper Coventry you see enforce Master Alexander twice to answer that thing over again upon his Oath which he had punctually answered once before nay once publiquely in Court interrogated by himself and after that again by examination of the Judges by him principally directed which was onely done to have drawn from him some guilt if possible whereby to have ruined and undoned him 9. It hath been never seen in any Court of Justice that the party complayning hath been bound up in the matter complained of by the Oath of any Defendant without his own consent yet in this Case Nevill being legally charged with committing of the said offence was received by the said Lord Keeper Coventry for to purge himself upon his Oath without any consent had or sought for of Master Alexander and in an extrajudiciall way also and made use of it afterwards as a testimony upon which to ground the Sentence having nothing more to support it withall 10. In all Bills and Informations exhibited in that Court the Cause being so penall to the party complained against the matter ought to have been set down truely and as precisely as in an Indictment that so the party accused might have certainty to what to answer for if one offence bee charged and another proved in such case there is no ground for to warrant a Sentence nor hath it been seen that any man in any Court whatsoever hath been concluded by generals nor by offences proved which are heterogenia and not of the matter in question for so to judge is to judge parte inandita ultera for if this should be admitted no man possibly could be safe if to be judged for that which he hath been never received to answer yet the said Lord Keeper Coventry admitted of both these proceedings to condemn Master Alexander For first hee received the said _____ Cooke to depose matter in Court against Master Alexander diverse and from the things in question and caused that to bee inserted in the Sentence as convincing testimony which you see is a thing false in it self now it comes to be defended He admitted of divers generals also not proved nor before alleadged to be inserted in the said Sentence as matter of testimony to support it which were farre otherwise in truth and deed then they stand therein urged and pressed and which are so many of them as that in effect the whole Sentence is founded upon nothing else most illegally and unwarrantably 11. Whereas no man after his Answer in Court but is lawfully served with an Order or Processe to joyne issue in the matter controverted or depending and after issue joyned is called by Processe or Order for to appear at a certain day and time to hear judgement pronounced and to make his just defence that so innocence may not suffer if possibly to bee prevented but in this Case of Master Alexanders the said Lord Keeper Coventry proceeds to judgements without doing of either of these and yet to give some colour for this wrong doing and to make quick work of it hee overshadows it with another thing an errour of as high a nature and receives that for a service of Master Alexander to hear judgement which hath appeared to have been no service at all and that in seven dayes time from the day that the Judges certificate was first produced and read in Court and then Resolved upon the first to draw this matter unto a formall hearing it is concluded to be proceeded in is debated and Sentenced and M. Alexander destroyed without defence and what needed all this post-hast if not to have made it onely the advantage of destroying him in his absence In which way they were sure to bring about their ends 12. That upon the matter he directs in the Sentence the Governours of Lincolns-Inne whereof Master Alexander was a Member to expell him the Society fearing lest he should not be otherwise made miserable enough and that they might without that hint or direction by the way have forborn to have proceeded against him with a like severity but by this Weathercock you may see where the Winde blew and that malice when it rageth is without bounds or restraint and now with holy Job Chap. 19.7 I might cry out of wrong but I was not heard I cried out aloud but there was no judgement 13. That the said Lord Keeper Coventry after the question was once stirred never so much as once endeavoured afterwards to support the Sentence given against Yates though upon so good proof appearing in the Books the said Deposition of John Warren being set aside but absolutely dismissed Yates without more ado contrary to the duty of his Place and Office whereby it is further manifest it was not for his love and zeal unto justice but revenge that he herein more aymed at was the cause that he persecuted M. Alexander with so much extremity 14. That he was not ignorant that the crime objected was in it self petty and without consideration in case it had been the Act of M. Alexander as you finde him cleered of it in that which hath gone before and therefore it further sheweth the inveteracy of his rancor and for what cause he was so violent in the persecution of M. Alexander thus unjusty unto Sentence 15. That the said Lord Keeper Coventry was resolved you may see by the excessivenesse and immoderation of the Fine and other things required to be performed by the Sentence to make it