Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	party_n	writ_n	3,387	5	9.9594	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

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

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

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

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