Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	defendant_n	plaintiff_n	4,618	5	10.0935	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

their whole proccedings either before or after But to proceed with the Sentence 3. But upon the rising of the Court that day the Sollicitour of the said Defendant Yates which was M. Fountain the Lawyer now with the King and which made him be presently called to the Bar and thereupon made my Lord Keeper Coventries favourite ever afterwards shewed to the Right Honour able the said Lord Keeper the Paper-copie of the said John Warrens Deposition which the said Defendant had out of this Court wherein the said words that and did were fair written and stood in the said Deposition to the 39 Interrogatory without blotting defacing or inter lineation wherewith it plainly appeared to his Lordship the said Deposition to be but upon hearsay Sent. fol. 2. This needs little other Answer then what hath preceded That it cannot be presumed that Master Alexander would do such an act which both the Paper-copies of the Defendants Depositions and the Record it self must infallibly have controlled in Court as it did Besides it had been a sottishnesse and stupidity in Master Alexander to have done this act which for the reasons aforesaid could in no measure have turned to his advantage which being carried along to the end of the Case will make it luce elarior it was na opportunity purposely taken to destroy him for which there had been many attempts made and plots laid before and the good God that hath been evermore his Deliverer delivered him out of those also though evermore upon the pits brink that he might look up to his Defender and foresee the like dangers and avoid them which as this case was was not possible for him to do but by that which followed upon it it proved a greater mercy though intended to him for a misery and his destruction which is neither proper for and would be too long to relate in this Discourse Again it is not denied but that a mark weas made in the margent of that Paper-copie like an hand or finger pointing to the words intimating something to be done concerning them which no man in his wits would have made in that place if he had intrended to have made use of it for an advantage by obscuring it at the hearing Besides Master Alexander well understood the course of that Court and of all Courts of Justice that the said Deposition must be publikely read in the face and view of all the Officers of the Court and therefore not possible to be concealed from discovery And the practice of that Court and of all Courts of equity is that both parties having like copies of the same Depositions it is the constant practice of the Attorneys of both Parties Plaintiffs and Defendants that whiles the one reads unto the Court the other observes what he reads out of his own copie to prevent mistakings and thus to bring just things certainly into Judgement Nay if it had not been a thing plotted and reserved meerly for the means of Master Alexanders ruine Why did not Master Jones his own Attorney in reading it unto the Court make that observation thereof as it was his duty to have done when he came unto the place And if the Proverb be true in any thing that To excuse is to accuse it was never more rightly verified then in this for that it doth appear by the very Sentence it self that Master Jones desired of the Court that he might be sworn to purge and clear himself in the busines when he was not then at all charged with any wrong doing And why should Master Hooker the said Defendants Attorney who had made so fair a Bill of Costs as before in his Clients behalf now put himself further to be examined also in the matter so differing from all the rules of that Court whereof sure he could not be ignorant and was not so candid for him of all the rest to have been done being the Defendant Attorney and therefore should rather have forborn to have medled in it if to have avoided all suspicion of partiality And as it is altogether improbable to have been done by Master Alexander so if it had been done by him as it was not yet was it not a matter so criminous and capitall as that it deserved a Censure in it self For first of all it was but the Paper-copie of a Record which Master Alexander might have burned rased defaced interlined written in and done with it what he pleased without offence and he doth appeal to all that are of that Profession if daily and hourly they do not so use their Clients Paper-copies of Depositions by drawing lines and crosses and writing in them and yet was it never heard that any man before Master Alexander hath been questioned for any such doing in case he had done it But some men had better steal a horse then another man look over the hedge Again Paper-copies of all Records when they are produced as Evidences at any hearings and trialls of causes are no further credited and authentick then they stand clear and unsuspected and that this clearnesse to be made appear for before they be made use of commonly they are first deposed to be true copies of such Records whereof they are copies which shews them to be of no force nor to be used untill they be thus justified in themselves and if at any time they passe for currant without this attestation in those Courts where they are Records it is because they seem to be warranted to be truely copied under the hands of their own Clerks and Officers still and sent in Court with the Record thereof and which are sworn to be faithfull in their proceedings and still ready with the same Records to justifie the same upon all occasions In whom then was the offence to reade and make use of such a Paper copie which was in any thing suspicious and how frequent a thing is it in the course of practice of oftentimes to meet with suspected Records and with like Depositions and Evidences which if the party justifies not or is not able to make good are onely rejected and set aside without more ado and made no use of And if the same Deposition upon question had been justified by Master Alexander for aright copie he had been worthy of censure but you see there is no such thing in this Case nothing made appear that he ever did or desired to make use of it his counsel onely called to have that Deposition read which they might have omitted had they pleased there being other testimony sufficient besides to have proved that Charge And again if Master Alexander had been guilty of the doing it as he was not yet it is not a thng censurable The common-Law doth punish offences of this nature no otherwise then with the losse of the benefit of that thing thus altered or which might have accrued to the party by it in case it had not been altered for whatsoever Obligations or other Deeds which by any

he was a good man others sayd nay but he deceiveth the people But all things are not true that we heare and therefore wise men beleeve nothing but what they see but malicious men de the quite contrary it is a suspitions apprehensive and interpreting fancy ready to pick out injury where is cannot be justly found that its anger may be imployed to frame occasions to it selfe and therefore 't is a wise advice of Seneca Non vis esse iracundus ne sis morosus he that is too wise in his judgement on other mens errours will be casily too follish in the nourishing of his own passion and it s commenly seene in matters of cansure and suspition the more sight and reason goes out the lesse useth to abide within and as men which see through a coloured glasse which have all objects how different soever represented to the same Colour so they examining all conclusions by principles forestalled for that purpose thinketh every thing of what nature soever to be dyed in the colour of their own conceits and to carry some proportion unto those principles like Antipheron Orites and others in Aristotle who did confidently affirme every thing for reall which their imagination framed to it self and yet when malice hath thus sought to put out the Candle by snuffing it many times it hath made it shine the brighter as in the sale of Joseph by his brethren It was not so much you that sold me Gen. 45.8 sayes he as God that sent me that I might save much people alive as it is this day and therefore as one saith well God permitted this sale he withdrew his grace from the sellers he restrained the sin from an intended murther to a bare sale this treachery of his brethren he did not infuse but use he used it not as a fale but as a conveyance in them 't was a selling in him a sending ayming at their reliefe an end out-ballancing in good the evill of the sale the saving of much people thus looke but on the corner of a peece of Arras and it carries no proportion untill you unfold the whole peece and until then you see but one half of Ezekiels Vision you see but the wheeles not the eyes in the wheels Ezeck 10.12 thus God oftentimes doth twist many rags into ropes to lift his Jeremies out of the dungeon my particular observed will make out the parallell and to say with the Prophet David I will praise God because of his Word Jer. 38.11 12. Psal 36 4. Psal 37.3 4 5 6 7. Psal 113 6 7. Psal 107. I have put my trust in God and will not fear what flesh can do unto me or he will bring forth the righeousnesse of such as the light and their judgement as the noon day for he taketh the simple out of the dust and lifteh the poore out of the mire c. Afflictions thus make mercies to be the more esteemed liberty is sweet unto and desireable of all but most of all of those that have known the hardship of a long imprisonment as the danger and violence of a storme make a safe harbour the more welcome thus the woman cured of her issue of blood after she had suffered many things of many Physitians Marke 5. 25 26 27. Joh. 5.2 3 4 5 6 7. and had spent all that she had and was nothing bettered but rather grown worse and he that after thirty eight years lying by the Poole of Bethesda was put into the waters and cured of his infirmity prized their healths the more as they had the longer layen upon their beds of languishing if the plaister should be too soon taken off the sore would fester so much the more and whiles deliverance is delayed patience hath its perfect work it is the bellows to blow up Gods graces Christ hid himself from his Spouse to make her long after him Samuel was the more dear to Hanna because she waited long for him we would not so much praise him for his sweetnesse if we had not first tasted the cup of bitternesse that which with more difficulty we obtaine with more care we keep the child must pray and intreat and open every finger of his hand before he gets the Apple which his father shews We may not limit the holy One of Israel Psal 78.41 we must expect and waite if to have the harvest there is no ship but is tossed upon the Sea no Church but is afflicted Is black but comely Cant. 1.5 and therefore Luther to set forth the condition of the Church pictured a silly mayd in the wildernesse Psal 90.10 compassed about with many Wolves and Beares and raging wilde beasts to shew the many dangers and troubles that the people of God must inevitably passe through in this world so that as there is no Sea without waves Psal 46.1 so there is no Saint without sorrows and these Bees will gather honey from the bitterest Herbs and yet when this wind blows the most fiercely then know that it is about to cease Psal 44.7 mans greatest extremities are Gods opportunities Psal 107.6 when he doth usually deliver those that call upon him and things that cannot be altered must be born for impatience doth but increase the crosse and as a man in Irons the more he strives and struggles the more he hurts himself for we see 't is easier by far to tye a knot then to unloose it to finde faults in a man then to make them a simple man can quickly make a spot which a wise man cannot so easily clean 't is easie for a man to fall into a pit not so easie to get out and he liveth the safest we say that pockets up his wrongs rough stormes try good Pylots the Marriner that then runs on his course the Lant horn that then keeps his light that yeelds not under the burthen but endures the crosse with patience when now you shall cast up the Cards it will appear what 's Trump Innocence then is the best Armour that a man can put on against another mans fears Prov. 28. as Tacitus said of Caecina Ambiguarum rerum sciens eoque intrepidus to be acquainted with difficulties makes men that they are not fearefull of them knowing that the longest day will have an end and in the mean time he that suffers the Cedar to grow permits the lowest shrub to live and though the Bird may now perchance have many sick feathers to keep her below that she cannot flye up into the tree yet the time will come that her feathers will be grown again and that she shall be able to mount the skies and what though in the interim Shimei raile and the Drunkards make songs of me yet wise men will profit by the prate of fooles and he that doth not hurt me in this case too must yet be opposed so far forth is to beware him for a Scorpion is not then onely supposed to have a

hath delivered me out of the hands of the Egyptians and out of the hands of Pharaoh Exod. 18.10 11. for thus I know Psal 9.16 17 18. Rev. 15.3 Psal 31.26 1 Pet. 2.12 Tit. 2.8 the Lord is greater than all Gods for in the thing wherein they have dealt proudly he was above them and the needy shall not alwayes be forgotten the expectation of the poore shall not perish for ever in which assurance I shall still labour and by a good conversation strive to shame the Gain-sayer that he that is of the contrary part may so be ashamed in the latter end as having nbo evill thing upon just cause to say against me These are the mites I tender to your Corban the Turtles I have to offer at your Altar and having no better to bring I hope my good meaning shall supply the rest and if I have dwelt too long upon this Subject excuse me it being an errour of affection that in my own cause may thus haply mislead my Judgement and it being in my first entrance upon such a taske it is no wonder if you shall finde me to deserve your reprehension he may mar many an Instrument at the first that learnes Musick but S. Austin saith Non est multiloquium quando necessaria c. But the Judgement is and my self Yours JEROME ALEXANDER ERRATA PAge 3. line 49. read Interrogatories p. 7. l. 37. add they p. 8. l. 2. omit be ibid. l. 27. read excessive ibid. l. 47. read adversary p. 20. l. 20. read at ibid. l. 34. add as p. 13. l. 49. read Interrogatories p. 23. l. 2. read to ibid. l. 37. read that p. 25. in the Affidavit read is p. 28. l. 7. for his read this p. 28. l. 43. for 100. l. read 130. l. p 32. l. 4. for an read and ibid. p. 24. for into read unto ibid. l. 42. for me read one p. 33. l. 42. for than read that p. 35. l. 40. omit the p. 39. l. 39. for in read into p. 38. should be p. 40. l. 26. for the word for read from p. 41. add one in the title of certificate p. 50. l. 37. for agust read against p. 53. l. 1. add him p. 59. l. 7. for with read to p. 66. l. 42. for recount read account p. 71. l. 12. for these words an Act of Common Councell read an Act at Councell Table p. 82. l. 35. for they read the p. 83. l. 26. for all his witnesses read all the depositions of his witnesses p. 84. l. 25. for into what sad a condition read into what a sad condition p. 87. l. 26. omit to p. 100. l. 33. for us read as p. 109. l. 1. the first word read endeavoured p. 115. in the last line but one for both read but. Errata in the Epistle FOr oblation p. 2. l. 37. read obligation p. 3. l. 27. for wherein read whereon p. 11. l. 34. for receive read review p. 20. l. 37. for brarded read braided The Case of Jerome Alexander Esquire concerning a Sentence given against him in the Court of Star-Chamber the seventeenth day of November in the second yeer of the Reign of our Sovereign Lord King Charles Which said Sentence followeth in these words In Camera Stell coram Concil ibid. Decimo septimo die Novem. An. 2 Car. R. Domino Custod magni Sigilli Angliae Domino MANDEVILE Praesid Comite Bridgewater ROBERTO NANTON Mil. JOHANNE COKE Mil. uno Secretar Regis Archiepiscopo Cant. Episcopo London Capt. Baro Scācii HARVEY Justic de Comuni Banco THis day came to be heard by speciall Order of this honourable Court of the 10 of this instant November a very foul Offence Practice and Misdemeanour of one Jerome Alexander an Utter-Barrester at the Law Plaintiff in this honourable Court against John Yates and others late Defendants which Cause was heard in open Court on the 25 of October last At the hearing of which Cause the main wherewith the said Yates stood charged was The threatning and terrifying of Witnesses which the said Alexander was to produce at a former Triall of Nisi Prius in the Countie of Norfolk between the said Yates then Complainant and the said Alexander then Defendant 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 unto 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 said 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 to give 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 100 Marks and to be committed to the prison of the Fleet and the Warden of the Fleet had thereupon taken him into his custodie accordingly But upon the rising of the Court that day the Sollicitour of the said Defendant Yates shewed to the Right honourable the Lord Keeper the Paper-copie of the said John Warrens Deposition which the said Defendant had out of this Court wherein the said words that and did were fair written and stood in the said Deposition to the said 39 Interrogatory without blotting defacing or interlineation whereby it plainly appeared to his Lordship the said Deposition to be but upon hearsay His Lordship thereupon acquainted all the honourable Presence therewith in the inner-chamger and with all their Lordships consents respited the entrie of the same Sentence and ordered that the originall Deposition should be brought into the Court the next sitting-day to be perused seen and viewed by all their Lordships and thereupon to give their Order and Sentence and in the mean time the said Yates was set at liberty and discharged of his imprisonment Whereupon the Paper-copie of the said John Warrens Deposition being obtained by Master Jones being Attorney for the said Alexander in that Cause from his the said Alexanders Clerk that carried his Books was forthwith shewed by the said Master Jones to the Right honourable the Lord Keeper and other the Lords

search and look over And before that Nevil did understand that Master Alexander was gone out of Town he stirred very little in the businesse but afterwards he procures the Certificate from the Judges to be returned which bears date the 7 of Novemb. 2 Car. then the 10 of November following he procures it to be read and debated in Court and the 17 of November following he procures the Cause to be heard So that in seven days time before it was possible for Master Alexander to ride down to his house in the Countrey being 100 miles from London and return again he had procured the Sentence to be given in his absence without any defence And what justice there was in this Proceeding let any man judge Thus all things you see are done sutable to one another And that it may appear to be no fiction for the Cause of Master Alexanders journey then made into the Countrey be pleased to observe a Letter of Nevils written to him concerning this businesse which he found at that time amongst his papers To his assured good friend Master Jerome Alexander at Walsingham give these M. ALEXANDER I Never heard from you by Letter since you went down untill about a fortnight since I received one by the Foot-Poste by whom I did return you Answer and did expect to have heard from you this last week but it seems it was not come to your hands when you writ this last and since that time we have had no seal nor shall have any till Friday next Master Gay is not in Town but so soon as he comes up I will take a course with him that shall be fit Concerning Grout you shall receive your Subpena's so soon as I can get them sealed and hear of a fit Messenger And so with remembrance of my love I rest September 13. 1623. Your assured friend ever to command Hen. Nevil Which Letter you may perceive was the Answer of a former Letter written by Master Alexander unto Nevil Wherein be pleased for to observe That Nevil answers a part of Master Alexanders said letter concerning Master Gay which was the Examiner of the Court named in the Sentence that took those Depositions And the truth is that Master Alexander having left this Deposition with nevil to be examined with the Record when he left the Town He promised to do it and to write Master Alexander word thereof into the Countrey Which he having for some time neglected to do Master Alexander wrote unto him to put him in minde thereof and desiring to be satisfied how it stood with the Record In Answer whereof he writes that Master Gay is not in Town but so soon as he comes up I will take a course with which was To examine the Deposition with the Record for at this time Master Alexander had nothing more to do with Master Gay publication being past and the copie of the Books taken out in the later end of Trinity-Term before And when Master Alexander afterwards came to London Master Nevil then delivers him the copie of the Deposition and says he had made it to agree with the Record in manner and form as hath been formerly informed and from that time untill secundo Caroli that the Cause was heard the Books were laid up and never looked upon by Master Alexander which was for above three yeers space And this is the very truth concerning this particular And truely you may perceive by that which hath gone before that albeit Master Alexander did not go away for any such reason that he had to fear the justnesse of his Cause yet if he had been tzed as Laban did Jacob to have fled away secretly Gen. 31.27 he might well have answered with Jacob to Laban he had just cause to be afraid Truth it self may sometimes seek corners not as fearing her cause but as suspecting her Judge and therefore flight is not always an argument of guilt but there onely where the person declines his Triall altogether for after defence made by any person to any Accusation in any Court of Justice and that an Issue is joyned upon the proceedings and the matter made ripe for hearing now that the Court is thus possessed of the Cause and have an ordinary way for to bring such a matter unto judgement the parties absence cannot be said to be a fleeing from justice for now the Law will proceed notwithstanding and subject both his person and estate unto such a Sentence if there shall be found cause to order any thing against him this being presupposed That if possible he may have notice of the day of hearing to make his just Defence that so he may not be surprised and overtaken unawares Nor did the said Nevil prosecute Master Alexander for this offence but was prosecuted by him foroffending as he did as the proceedings manifest unlesse that his surprising him thus in his absence and without defence may be called a prosecution which was a persecution rather 15. THis honourable court was clear of opinion that the said Alexander himself was guilty of that foul misdemeanour and offence of defacing and blotting out of the said two words that and did out of the copie of John Warrens Deposition for his own advantage and ends against the said Yates whereby this honourable Court was misled in their judgement in censuring and condemning the said Yates as afore is declared Fol. 6 in the Sentence It should seem their judgements which upon the first debate of the Judges Certificate were but inclineable to be of opinion that Master Alexander should have blotted out those two words in the Paper-copie of the said John Warrens Deposition were now brought about without any other Reasons given the before to be absolutely resolved therein A good fore-man of a Jury we say is able to do very much with his fellows But if the Court were so resolved you may well perceive how some of them were misled therein and how it was brought about that they became to be so mistaken And if the Court had been thus misled in their judgements in censuring and condemning the said Yates they were not long out of the way an hours time was the most of their abberration by their own acknowledgement for in such a space they dissolved all again that they had done before and for so little a time of restraint they rewarded Yates very well For besides that upon no terms the Lord Keeper Coventry would hear of any thing that might make out to continue the Censure against him Notwithstanding if the said John Warrens Deposition to that 39 Interrogatory had been set aside yet the Court absolutely dismissed him with 130 l. costs that ought to have given Master Alexander twice as much with 1000 l. damages that he had sustained by his means in the prosecution of that Suit against him at that time if to have done justly 16. ANd have therefore Ordered Adjudged and Decreed the said Jerome Alexander for his said foul offence and