Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	reverse_v	writ_n	3,246	5	9.5106	5	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

to some great Officer or States man here above who put them in Commission to do their turnes that by a Petition at Councell Table or before themselves would convent their adversaries and have their wills of them by hook or by crook and to speak the truth those that guided at the Helm of State and had their designes laid for introducing of an Arbitrary and Tyrannicall Government at that time it was a part of their work to indeer all the Gentry of the Kingdomes unto their side by making them Justices of the Peace and imploying them in Commissions for the Kings occasians and by putting them in Offices and places under his Majesty and themselves the devils great pollicy to offer men the kingdomes of this world to catch them at the last the more for to prepare and fit them for their hands that very few were left uningaged as now we finde it true by too wofull experience how mainly they have obstructed and still do the work of Reformation and if there were any man whom God had blessed with more than an ordinary understanding or with power in his Country and who that for Conscience sake would not be wrought upon to side with that party and run into the same excesse of riot and disorder with themselves such were sure to be opposed oppressed and persecuted every way unto ruine and destruction but to proceed Upon this Certificate of the said referrees this matter was first caused to be called upon in the publike face of the County at the said Assizes and all that Rebell rout and crew which had been so mustred up and gathered together came with open mouth to charge me before that great assembly but the accusations being read and my answers received the Complaints appeared to be so poor and frivolous and so false and scandalous as that my accusers were ashamed of the prosecution and then means was made to the then Lords Justices of Assizes the Lord Chief Justice Ley and Master Justice Dodderidge that they would take up the matter of Difference betwixt Master Bullocke and my self that so my tryall might not go on and proceed against him which upon motion of the Judges I condescended unto and they were pleased to make peace betwixt us And I cannot forget the good Counsell which my Lord Chief Justice Ley gave unto me at that time in his Chamber privately between him and me advising me for the Future to be evermore of the Defensive part which saith he like an hedge-hog will leave thine Adversary nothing but prickles to fight against saying if I should have sought repair and to have righted my self by law of every one that hath done me injury by words and deeds I had had enough to do to right my self and should never have sate in the place where now I sit which from that time you will perceive by that which followeth I have observed as much as possible There was one at this time also that was an Atturney at the Common Law that dieted and lodged in my house who in the course of his practise had omitted to file an Originall Writ for his Client which was in an Action of debt upon an Obligation of 200. l. which Sute being proceeded unto Judgement was afterwards reversed for want of this Writ to warrant the Action and because a sine of twenty shillings was to have been paid for that Writ if it had been sued forth this Atturney was therefore called in question before the then Lord Chiefe Justice of the Common Pleas and the matter mightily pressed as if it had been done by my direction and omitted to be sued forth on purpose to have shared the said fine between us a thing you see but of petty consideration yet if it could have been made good against me an Information was threatned to have been preferred against me into the Court of Star-Chamber but when it was fully examined and perceived that I had nothing to do with it presently he was let alone and nothing done unto him afterwards for it who at first was threatned with Imprisonment if not to confesse me guilty with himself yet for this supposition of an Offence I was bound over from time to time from place to place and vexed to the uttermost and after quit without any reparation Then as men that shear Hoggs you see unto this time here was a great cry but little wooll yet this advantaged Master Bullock in that he sought for at the Assizes but never wrought that upon him which he was enjoyned unto by the Judges a perfect reconciliation that we should have lived in Peace and good Neighbour-hood together for the time then to come but the old Proverb was herein verified The Devil being sick the Devil a Monk would be But the Devil being well the Devill a Monk was he For the Sceane being ended and the fetters taken off the man was no more a prisoner and there was nothing that came in his way afterwards that concerned me wherein he could do me a discourtesie I may say a mischiefe but he imbraced the opportunity as a mercy with much gladnesse of heart which I mention not that he had power or meanes to do me very much hurt but to let you see this other Proverb herein fulfilled also That a reconciled enemy is never after to be trusted for the poyson will remaine untill the beast be killed and therefore beasts of prey that are by nature ravenous and not to be reclaimed we kill as Foxes we knock on the head onely to beasts of pleasure we give Laws as to Deer and Hares c. For Serpents onely begets Serpents and in that businesse between Yates and me the occasion of the ensuing discourse as Coppingers Bitch that albeit she could not turn the Hare yet did her good will so he was not wanting in doing his uttermost to promote that sentence unto what it is brought as many sticks as he was able to bear unto that fire and in the interim whiles this game was thus a playing whereof you shall understand more in the sequell of the Story I had severall other attempts made upon me to destroy me and not by any men of mean and Ordinary Rank and quality but of the greatest alwayes and evermore and most especially by those of mine own profession too and yet by my own Countrymen more peculiarly amongst the rest of which I could never yet apprehend any reason unto my self but this Obsequium amicos veritas odium parit for to my knowledge I never administred any just occasion of exception to any man if not occasio accepta non data and as I have spent my years in trouble ever since I came into the world so it hath gained me much experience I must confesse and justly warned me to be still upon my guard but commonly he is accounted a pestilent fellow that lives out of the length of his enemies sleeve when 't is but sit for him not to trust

of pregnant Testimonies for this the Lord teacheth should be so by his own example he would not proceed against the Sodomites upon the cry that came up Psal 105.18 19. but he would first go down and see for this is to judge righteous judgement and not according to appearance then hurt his feet no longer in the stocks now that once his cause is known and the man found out to be innocent I must confesse it is hard to distinguish between the precious and the vile such as are eminenly good 1 Tim. 5.24 and notoriously bad t is hard to discern them for some persons like the Moon in the change Jer. 15.19 seemes to have lesse light and worth in them then indeed they have little in the eye of the world much in the eye of heaven others I acknowledge seem better than they are like blazing stars that make a great shew and look as gloriously as any the stars in heaven and yet are no stars but sticking Meteors Therefore saith one well that in judging things we ought to judge Secundum quid sunt but in judging of persons and actions it it is not alwayes so in re comperta in a case that is evident its equally an abomination to the Lord to justify the wicked person or action as to condemn the just Prov. 17.15 but in re dubia it s otherwise for there the rule holds dubia in meliorem partem sunt interpretanda 1 Cor. 13.7 Charity to the person should sway the judgement though not absolutely for to determine yet to think him good whom we do not know to be bad but it hath been still my unhappinesse in whatsoever to have an ill sence put upon my good meanings and a false interpretation upon whatsoever I have well intended but men must permit what they cannot remedy Josephus relates of the Jews that they were very carefull how they received Proselytes in Solomons time because the state of the Jews then flourished they thought every one upon base ends might come in and pretend then that he would joyne with the God of the Jews but good men have one and the same will and as the eyes one turnes not without the other and I could wish that in these times all men were so just unto the cause and to themselves as to respect and look upon those that have continued faithfull from the beginning and have never from the first varied from those right principles to which there is no exception unto this day Neh. 2.10 but I see very many now adayes are of Sanballat and Tobiahs minde Psal 59.6 14. grieved exceedingly when but a man appeared that came to seek the welfare of the children of Israel and if an man be discountenanced by a Patriot and great Magnifico of the times as a Deer that is once shot all the rest of the heard do strive to push that man out of their company and if he be but once branded with a crime though salfe when the wound is cured his credit shall be killed with the scar and as great pain lyes in the rubbing of an old wound as in making of a new nay he that but rubs the scar casts fuell on the fire to quench it Psal 56.5 6. the very handling of it more inflames it and makes it spread the more there being certain willing mistakes amongst those sons of men that hunt after the ruine of a man Psal 38.16 19. in his goods or good name that all birds of the same feather will hold together Keepe themselve s cose and marke my steps saith David when they Iay waite for my soul Nay they willingly trust him which is known to be a common lyar rather then they will want matter to work mischiefe against him they hate howbeit rumors we know though they be causes of cautelous Jelousies are no sufficient grounds to undo a man upon being without witnesse without Judgement malicious and deceiveable but men deal herein with those they love not as the Romish Writers who will be sure to defame them that differ from them in opinion speaking great swelling words having their persons onely in admiration Jude 16.1 Sam. 16.7 where they can finde or look for advantage but since we cannot see as God doth Jer. 17.10 who looks directly on the heart and so Judgeth we must finde out a man by his words and actions as the Naturalists judge of the forme of a thing by its qualities and operations we of the habit of the heart by its naturall inclinations as of a tree by its fruits Mich. 7.20 not taking up things upon trust but by examination before we determine of them for if a man should judge of the Moon and Starrs by the lustre and splendour that the sun hath cast upon them we must deem them to be far more glorious creatures then they are indeed and so some such turbulent tribunes there are in every State who out of their glorious vaing glorious humour of popularity would be accompted Angells though it be but for stirring and troubling of the waters but Mirons Cow that was counterfeit onely deluded other heards of Cattle pretexts may colour vice and disguise it but the painted grapes deceive the birds for this Nightingale being pulled out of her feathers you will perceive her to be sound and nothing else 't is not the habit that makes the Monke nor are they most guilty that are most blam'd and such is we see the over-ruling Providence of the most wise and mighty God that every discent into a lower condition Deut. 4.20 is oftentimes the means to raise him higher whom God will exalt j Gen. 15.17 as it was made unto Joseph a staire to ascend unto that honour which his dreames had promised Gen. 37.5 6 7 8 9. Gods glory being most advanced when his people are at the lowest the blinde man being so born Psa 105. 17 18. that the work of God might be manifested in him and it was the greater miracle that Lazarus had layen four dayes dead before our Saviour restored him unto life again when the Patriarks bad sold Joseph into Egypt JO. 9.3 11.39 themselves were after in bondage there four hundred years and every day in a worse condition than other for before they were Subjects after they became slaves and after that esteemed to be such as it was not thought sit for them to live Exod. 1.16 and therefore care is taken to murther them in their birth and when Moses came to deliver them where before they were but dying men now they stink in the nostrills of their adversaries and when they were delivered yet worse for where before they were scattered in the Land and some of them might hope for to escape Exod. 5.21 now all are gathered together and thought sit to have the neck of all cut off at once as Nero desired concerning the people of Rome then the Sea

a hearing hath been made and that was well but that this was shewn to Master Alexander or that Master Alexander had notice of this Order doth in no sort appear Nor had he any notice thereof for first Bagshaws Oath reacheth no further then unto an Endeavour of service he swears nothing positively to satisfie the Court that it weas done And for what Nevile offered for notice as it is far from truth so also it is so far out of the way of a legal notice as it appears both to be false in it self appearing out of the very Sentence and in no sort to have been credited or believed in case it had been true for this Reason Because it was not delivered upon Oath for a Record against which Master Alexander might have taken his remedy for the falsity of it being untrue But that it is grosly false be pleased to observe Nevile offereth to depose What That he did at the then late Lord Chief Justices give the Petitioner himself wearning to attend the Court at his peril First this must of necessity be in time whiles the Judges were upon their Examinations of the businesse and before they made their return into Court and that was long before this Order was made for this appears to be made at a time afterwards when the said Judges Certificate was returned and had been debated in Court and for that Master Alexander then had not appeared by himself or counsel to make any Defence as the Sentence it self sheweth and therefore at the meeting before the Judges at the late Lord chief Justices Chamber Nevile had no reason nor colour to give any such warning to appear upon an Order that was not then conceived nor was there then any cause appearing for the making of any such Order nor for some time afterwards was it made as is remembred before Besides there was little reason for to credit his Report in his own Cause that stood a visible Delinquent unto the Court and nothing to purge himself thereof but his own Oath admitted against all the Rules of justice and ordinary proceedings in Courts of justice whatsoever So that Master Alexander is condemned without Defence And for Bagshaws Affidvait that it was little to the purpose be pleased to cast your eye upon it as it consisteth in all the parts thereof together In Camera Stell decimo quarto die Novembris Anno secundo Car. Regis CHarles Bagshaw of Barnards-Inne London Gent. aged about thirty seven yeers sworn saith That where by an Order of this honourable Court of the 10 of this instant November day is given to Jerome Alexander Esquire till the next Sitting-day to shew cause by his counsel or otherwise why the Court should not proceed to sentence against him and that he the said Alexander should be present at the Bar in person Now this Examinate saith That on the thirteenth day of this instant November this Examinate did repair to the Chamber of the said Master Alexander in Lincolns-Inne and there knocked at the door but no answer being made this Examinate walked a little aside Within a short space the door was opened and a young man or youth coming out and looking about as it seemed to see who it was that knocked Which this Examinate seeing did ask the young man or youth if he were not Master Alexanders Clerk or man and where his Master was who then confessed that the said Master Alexander was his Master but that his said Master was not within neither could he tell where his Master was And then Henry Nevile Clerk to Master Jones one of the Attorneys of this Court came into the Chamber and asked the said Alexanders Clerk for his Master who returning the like answer as he had done to this Examinate Whereupon the said Henry Nevile delivered a copie of the said Order to the said Master Alexanders man willing him to give his Master present knowledge thereof which he said he would do assoon as he did see him And this Examinate is perswaded that the said Alexander hath had knowledge of the said Order his man faithfully promising to deliver it so soon as he could Both this Examinate and the said Henry Nevile charged him so to do and telling him how much it concerned his Master to take notice thereof Jo. Arthur Dep. Ep. per Aylewry Thomas Talbot of London Gent. doth depose That this writing is a true copie of the Affidavit therein mentioned examined by the original Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche This Affdavit how cunningly soever penned by Master Nevile and that he hath carried himself in it yet is no good service of the said Order as hath been observed before for Nevile well knew Master Alexander was at this time and above a week before out of Town when he went with Bagshaw to make this service upon the said Order to Lincolns-Inne And in all cases of this nature where a like Order or Processe is served to cause any to appear to hear Judgement it ought to be first made clear unto the Court that the party to be served if possible hath had personall notice before they proceed to sentence it being so penall as aforesaid And if it be not a personall service made yet then that there be such a service made appearing unto the Court as by infallible consequence the party must have had knowledge of it in convenient time to prepare himself for his Defence for in matters of giving judgement it is not as in other ordinary Cases of serving Processe to answer Bills or interlocutory-Orders where if by a mistake or pressing the service beyond the truth the party fall into a contempt of this he may purge himself upon his Oath upon Interrogatories according to the usuall course and so be set Rectus in Curia again and have repair made him without detriment to his Cause But where Judgements or Sentences are to be given either in the Courts of common-Law or Equity or Star-Chamber there if for want of notice or that upon a false service of Processe presented to the Court the Court proceed to give judgement against the party there is no such Remedy to be had nothing but a Writ of Errour or Bill of review or reversall of such Judgement or Sentence can restore the the party again to what he hath thus lost or shall suffer by it and such Judgement or Sentence may possibly in such cases be so legally founded that they cannot be avoided by any such way neither and yet such parties may possibly have had such matter of fact to have shewn for themselves upon those hearings if they had been heard as would have acquitted them The service of this Order by Bagshawe you see what it is His repair to Master Alexanders Chamber unto Lincolns-Inne where Master Alexander was not and who will be deposed that he was gone out of Town about his occasions aforesaid above a week before in the Countrey

of Reformation both in Church and State the sole aim of his intentions and Byas of his actions and in the prosecution hereof hath never swerved to the right hand or to the left for his part hath still enclined that way which his judgment hath led him unto and that might promote this the best and bring it unto perfection with most expedition and hath been ever of this opinion to love truth though in the coursest garments he hath never been so far wedded to his will but that he could submit to any one when convinced with reason and if upon good grounds he hath conceived any one of what Nation soever better able to do the work then his own Countrey-man he hath preferred him in his esteem as fittest to beimployed in such a time as this all punctillio's of honour and by-respects whatsoever notwithstanding he hath not clawed any one with Court-holy water smooth language whom he hath understood to have been an enemy to this Cause of God of what quality or condition soever but hath delivered his sense freely in those things wherewith he hath been trusted whosoever hath opposed it though veritas odium parit he hath not acted for his own interest wherein he hath been employed otherwise then involved in the same generall Cause with all others knowing that if the Publike suffers it is not any mans private interest that can be considerable He hath not been craving the employment wherein he hath laboured all this while nor hath had other Reason to move him to it but a free Calling and his earnest defires affections to advance the businesse He hath not been led to this by a popular spirit or from a desire any ways to lift himself up in the opinion of the world and shall be as well content to rest from his labours as he hath been for to perform his duty if he shall be once by the same power set aside as uselesse and unserviceable by which he acteth and by which he was called to it he hath neither gained nor claimed 40000 l. for his service but hath lost a Fortune by the Rebellion in Ireland worth half that same and all the Estate he had and therefore hath deserved some consideration and yet whereas others have tasted liberally of the bounty of the Parliament out of those Collections made for the relief of the poor distressed Protestants in Ireland hee hath yet never received peny of that Charity nor hath in the least been burthensome to the Parliament but hath lived by that which he hath truely laboured for and spent as much more in their service that hath been given him of his friends Hee hath not been Linsey-Wolsey in his Religion nor hath professed to more sides then the right so neer as he was able to apprehend the truth for to support him in any action or thing that hath not been just and equitable nor hath he by a specious and seeming sanctity endeavoured to cover over a double iniquity hee hath not filled his purse with unlawfull gain nor hath kept from others that which is their due when power and menas and that which hath been rightly belonging unto such hath been put into his hands for their satisfaction nor hath complained nor made use of the necessities of others to supply his own occasions whiles these indeed have been in a starving and perishing condition he hath had neither place nor Office under colour whereof he could fill his Coffers and yet never do duty nor wait upon the service He hath hated to bee accompted a common liar or a slanderer of his neighbour Hee hath not maliciously endeavoured any mans ruine nor hath whispered in secret that of any man behind his back which he hath been ashamed to justifie unto his face he hath not been like a wilde Asses Colt that hath kickt the dam that hath given it suck he hath not deceived the trust reposed in him nor been but what he hath seemed to be he never was accused to have laboured for the enlargement of any Rebel under colour that he should do service for the Parliament he never held Intelligences with any the Parliaments opposites in Oxford nor else-where he could never fawn like a Spannel flatter like a Fox imitate like an Ape change like a Camelion nor devour like a Lion and if it were not that he hates to be the Trumpet of his own praise he could say something of himself which he will therefore forbear onely relate all in this one generall that he hath never been wanting to contribute whatsoever hath lyen in his power and within the Verge of his profession to promote the welfare of that and these Kingdomes and hath spent many houres and dayes and moneths some years in managing those affaires and amongst others hath served the Parliaments commands therein faithfully and constantly and with so much successe as the distraction of the time the Cessation of Armes there in Ireland and the great opposition which he hath met withall in these proceedings would permit and suffer and because he hath been charged that he hath endeavoured heretofore to have drawn over the monies collected for the poor Portestants in Holland hither thereby to have diverted that charity into another channell and by the imployments of the monies here to have advantaged some mans private interest he doth professe he hath been so far averse to that way as understanding from the first that it was the intention of the Donours of that liberality that it should be onely sent over for Ireland in Victuall that with the rest of the Committee at Grocers Hall he hath laboured to keepe a right understanding therein with the States and Classes of the Low Countries and to prevent all suspitions of mis-applying their bounty otherwise than they intended it and when some letters were written over by some from hence to that purpose which staggered them in their said proceeding the said Committee of Grocers Hall so carefully waded in it with them as they took off the jealousies thus raised and have procured a large collection and contribution there which hath been sent in Victuall to the poor Protestants in Ireland amounting unto neer 30000. l. which hath been such a Reviving unto them as some of them of Ulster have professed that they had not otherwise been able to have subsisted all this while and if any such thing hath been doen surely it hath not been by the Committee of Grocers Hall or Master Alexander as the ensuing Order may possibly manifest which was directed to Master Deacon Clerk to the said Committee of Adventurers to have taken the businesse out of their hands Committee of the Affaires of Ireland Die Jovis viz. 29. February 1643. VVHereas the Letters Orders and other Accompts and Papers which concern the Contributions for Ireland in the United Provinces in the Low-Countries and the disposall of those Contributions have been by former Order of this Committee required to be brought unto them