defective to make up malice in the demerit of him whom we hate it supplyed by the raising of our own stomacks as we see in the body that thin and empty nourishment will more often swell it then that which is substantiall but after the greatest inundation the waters are dryed up the subtillest lightning hath but his flash the ratling thunder-bolt hath but his clap In the fulnesse of time the Israelites shall return out of Babylon in the mean time we must awaite Gods leisure with patience Exod. 12.41 stand still and see the Salvation of God a cheerfull heart makes a strong back and the well couching together of the pack availes much to the Carrier by much sufferance comes great ease the experience of Gods deliverances is a strong Oblation to trust in him for future mercies the Suns heat will be most comfortable when we are most cold in the greatst perplexity to finde a deliverer will be much more welcome to the distressed and though disgrace be a tough bit for flesh and blood to digest yet he that will live godly in this world must resolve for to endure tribulation for at the best it is full of Cares Job 5.7 For man is born unto trouble as the Sparks flyes upwards Esay 45.7 that it is no wonder if in this world he meets with many miseries but as that man onely can look upon the Sea with comfort that hath escapt a shipwrack so with the Prophet David he onely can the best content himself to have been miserable Psal 30.12.13 whose sackcloath God hath put off and girded his loynes with gladnesse and if rightly to consider the manner of Gods Husbandry most commonly he begins to plow that soyle betimes which he means so to sow in his season Jer. 3.27 and tilleth and harroweth it over and over again from which he doth expect to have a good and plentifull harvest Psal 129.1.2 therefore it is good for a man that he bear the yoke in his youth grace cannot go on but with many rubs Job 18.7 Psal 22.15 Psa 119.67 Judg. 3.20 Joh. 5.2 3. and affliction is the better endured before the steps of a mans strength be straightned or that he be dryed up like a potsheard 't is sicknesse we say which makes health so much esteemed for by wanting we deem the thing better when it is enjoyed and no man sees himself so clearly as in the glasse of adversity when every blow that God layes on seemes to say as Ehud unto Eglon I have a message to thee from God which if he shall consider it will make his grief a Bethesda to cure him of his infirmities and thus he will come out of the furnace as pure gold cleered from the drosse of his corruptions 't is very painfull to hide a wound Then by that which follows I hope I may say without offence Lam. 3.1 I am the man that have seen affliction nay like waves in a storme they have pressed violently in one upon the neck of another I accompted it my first unhappinesse that after I had some good time continued in the University and obtained some measure of knowledge in those Arts which contented me and that for my own part I had resolved to have fixed there I was constrained by my friends upon whom I then depended for livelihood and subsistance for to forsake that way in which I was and to apply my self unto the study of the Law for as every thing lives the best in his proper Element so he thrives commonly the best and proceeds with most successe that is setled in that course to which his Genius is most enclined yet here I accompted it my good hap to fall into such hands for my Education that in the first place I was taught this principle of Religion Pro. 8.7 above all things to buy the truth and sell it not it being a thing so precious and desired that Christ himself came to bear witnesse unto it Joh. 18.37 8.32 3.21 and by his works manifested it to be the thing which should make his followers free the fashion God so much regards not as the stuff and that seed is ever the best which is the most white within now it was not long ere I was put upon the tryall to see if I would hold this ground wherein I stood retain this Doctrine in which I was instructed for the silver cannot appear till Benjamins sack be unloosed A noble friend of mine now in the minority both of my yeers and profession having conferred upon me by grant the Stewardship of many hundreds in the County where I lived and the then Lord Chief Justice of the Common Pleas being my Country-man and having purchased the Fee of two of those hundreds moved me to depart with my interest in two of those Stewardships for an Officer of his own without other right but onely because he desired to have it so which for that I refused without the approbation and consent of him that trusted me who had Letters Pattents thereof for the life of another which I had no reason to sollicite for to let go and his Lordship thought was below him to seek after otherwise and I maintaining my right therein in this time against the many disturbances and opposition of those imployed by his Lordship attempting to have gained the present possession by an User of the Office therefore he was much displeased with me and did not forbear in plain termes to tell me so with other expressions in language cleer enough to let me know his meaning that I was to stand upon my guard for if ever I came in his way I should be sure of a lash Now a young beginner doth not so well understand what the Schollers of the upper form do and this being in the first of my comming forth in a time when I was fully perswaded that faithfulnesse and truth could not have been over-mastred by an enemy and that he was not worthy to wear his masters Livery and bear the name of a Christian Jer. 9.3 that was not valiant for the truth upon the earth the Spirit being truth Jo. 1.5 6. and knowing that God made his everlasting Covenant with them onely that love judgement Esay 6.8 and do their works in truth and being commanded by the Word of truth to withdraw from men of corrupt minds destitute of the truth who onely suppose gain to be godlinesse Acts 6.11 yet no sooner did Stephen plead for this truth but some were therefore suborned against him to kill him no sooner did Paul begin to Preach this truth Rom. 2.2 but opposers began also to consult how to put him out of the way for as Origen saith of the Devills There is ne greater torment to them then to see men addicted to the Scriptures so the same may be said of truth The Devill and his Angells cannot endure it it is so contrary to his nature
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
who is the father of Lyes Having thus truth upon my side and being therefore loath to let go a Bird in hand for two in the bush and esteeming a sallet of sowre Herbs with content better than a stalled Oxe Zrch. 8.16 1 Titus 6.5 1.14 Jam. 1.18 Eccles 3.21 22.23 1 Sam. 6.19 with trouble and disquietnesse and having also learned this rule that confidence built upon such incertain grounds most commonly faileth the expectation and that to live farthest from Jupiter was to be safest from thunder the truth is Many great ones in those times being like Bryers and unfruitfull Plants that evermore took something from the fleece that came nighthem living by other mens Ruines as some fishes wax big by devouring of others nay rather than not to be satisfied they would feed upon their own Spawns to fill their Maws the longest robe contracting the greatest soyl power and authority which have great influence being seldome so happy as to be imployed and improved readily for God for not many noble not many mighty are called either to enjoy Salvation in heaven or to do great services on earth which was the reason that our Saviour Christ chose poor fishermen for his Disciples Mat. 5.11 Joh 32.9 Luke 7.22 Jam. 2.5 that could better intend and waite upon his service then the Scribes and Pharisees and great Doctors of the Law But the next news that I heard of him was that when I was to have brought in my Exercise for the bar in Lincolns Inne whereof I was a Member I was required to forbear whereupon tendring a Certificate of my conformity and performance of my Exercises and payment of all Duties in the house as others I desired to have a like equall favour with the rest of my fellows that were at that time called with my self but for a time I was refused without any publike cause or reason shewn unto me for the same then addressing my self to Master William Noye then one of the Benchers of the house a man then in great esteeme and opinion with the people both for his learning and integrity and a great lover of Truth and Justice he told me plainly The cause of this stay proceeded from a message sent to them of the Councell of that house from that Lord Chief Justice that I had injured him in some things for which he desired satisfaction before I were admitted to the Bar and other cause to do this to my remembrance I never gave him then as aforesaid but Master Noye so laboured the matter in my behalf as at last the restraint upon me was taken off and I performed my Exercise and proceeded accordingly And not long afterwards one Edmund Bullocke Esquire an Utter Barrester at Law of the same House and my ancient for some years and my next Neighbour in the Country being grieved at the prosperity which God blessed me withall and thinking that I began to bud too fast in my Profession by the wayes and helps which God afforded me therefore extreamly maligned me used many Scandalous speeches of me behinde my back to my disparagement such as were Actionable thinking to have nipt me in the blossome and for which words I afterwards brought my Action at Law against him whereby he perceiving himself pinched to the quick and faln in danger of a Councell as sure to be overthrown with good dammages to be given me for the words as to suffer in his credit and reputation also that knowing his Masters will yet would offend against it to be beaten with many stripes therefore in the interim before the Tryall he raked up some accusations against me in the Country and thereupon petitioned the then Lord Chiefe Justince Ley to have them heard at the said assizes with my Nisi prius and thus did raise a divertive war an old trick of Machavells to keep his enemy from his own quarters wherein if not to prosper with a victory yet to raise it as a means to accomplish some Propositions of Peace at least and herein he had by the help and countenance of my good friend this Lord Chief Justice that I told you of before who underhand dealt with his brethren and those of mine own Coat and Country for their assistance to Master Bullock in this Action by which means too Master Bullock had the happinesse to be taken notice of more than ever in his life before and to gaine that countenance and respect which for many yeers before he was without and to deviate a little I pray observe this much by the way by this and that which follows it hath been most mens haps that have ever done me wrong when I sought a legall repair at their hands they evermore have found means by the helpe of power and greatnesse to save themselves and be protected and gain also great acquaintance and preferments into the bargaine but it is no wonder for as one star riseth another must fall as one sea floweth another ebbs when Rachel dyeth Benjamin is brought forth amongst men of the same abilities one is many times thought disadvantagious to the other starrs that do agree in light and qualities the smallest suffers losse by the brightnesse of them above as one Tradesmans profit is made lesse by the other that thus I am sure by my fals I have been set for the rising of many the most and greatest of which notwithstanding I have lived to see God Almighty taken revenge upon but to proceed M. Bullock to save his stake was apt to follow any advise might save himself and preferred a Petition to the said then Lord chief Justice Ley against me accordingly as I said before supposing in Generalls many misdemeanours I should have committed in the exercise of my Office of Stewardship and gained a reference upon it unto two Justices of the Peace in the Country and which was in effect giving them power to receive any complaints that should come in against me and the common sort of people being now thereof informed who like tinder are apt to take fire with every Spark were some of them drawn and perswaded for to complain but without cause all which were first prepared in the Country and after appointed to be heard at the same Assizes before the Judges before whom my action against him was also to be tryed and now these Justices of the Peace had made a certificate for the purpose but I must tell you that most of the Justices of the Peace thought themselves to be jolly Judges at that time and ruled the Country as little Kings in their Dominions all was fish that came into their nets and their Warrants flew abroad as Bees in July betwixt party and party and in whatsoever other thing though it were besides their Commission and whereof they had not Cognizance it made no matter if any man assumed the boldnesse to be at Action with them for any such miscarriage or wrong doing they had every one their relations and dependances
Court and examined upon Interrogatories or otherwise touching the defacing and blotting out of the said words that and did and also that the said Master Hooker might be likewise sworn to declare upon his oath what he could say for discovery of the truth touching the matter aforesaid all which were sworn in open Court accordingly Whereupon and upon publike reading of the said Alexanders Affidavit in open Court wherein and some Demands then made by the Court to the said Alexander there plainly appeared a repugnancie to truth wherein he had catched himself and discovered his guiltinesse of the said Offence The Court was pleased to required the Lord chief Justice of the Kings Bench and Master Justice Dodderidge both present in Court to take the Examination of the said Alexander Nevile and Master Hooker touching the premises who took great pains therein accordingly and by the earnest sollicitation of the said Nevile on the seventh day of this instant November returned into this honourable Court their certificate of all their proceedings therein which said certificate was openly read in Court upon the tenth day of this instant November upon the reading whereof and opening the points of the same certificate by Sir John Finch Knight of counsell with the said Nevile the Court was inclineable to be of opinion that the said Alexander himself was the man that did blot out and deface the said two words that and did out of the said John Warrens Deposition for his own advantage against the said late Defendant Yates but for that the said Alexander was neither himself in this honourable Court in person neither had any counsel to speak for him the Court therefore did forbear to give any finall Sentence or Decree therein that day but gave the said Alexander time untill the next sitting-day to shew cause if any he had by his counsel or otherwise why the Court should not proceed to sentence against him for that Misdemeanour or in default thereof the Court intended to proceed to sentence the next sitting-day at which time the said Alexander was ordered to be present at the Bar in person Now this day was read in open Court an Affidavit of Charles Bagshaw Gentleman That he had done his best endeavour to serve the said Jerome Alexander with the said Order and to give him notice thereof for which purpose he had sought him at his chamber at Lincolns-Inne and given unto his boy or Clerk whom he found in his said chamber a true copie of the said Order and the said Nevile himself offering to be deposed That he did at the late Lord chief Justices give the said Alexander himself warning to attend the Court at his perill All which notwithstanding the said Alexander made default and had withdrawn himself as was now informed in this honourable Court. Whereupon was read again in open Court the said Alexanders Affidavit and the said Certificate of the said Lord chief Justice and Master Justice Dodderidge Upon the reading whereof and opening of all the parts and points thereof by Sir John Finch Knight and Sir Heneage Finch Knight Recordeer of London both of counsel with the said Henry Nevile who was present in Court himself to stand to Justice it plainly appeared to this most honourable Court aswell by divers apparant contrarieties between the said Alexanders Affidavit aforementioned and his Examination taken upon his Oath before the said Judges as by divers other pregnant reasons and circumstances conducing to prove him guilty of this great offence and also by the testimony of _____ Cook Gentleman sworn in open Court who upon his corporall Oath deposed That the said Alexander had formerly been taken very foul in his own cause in the same kinde or worse at a Tryall in the countie of Norfolk at an Assizes holden at thetford before the said Master Justice Dodderidge who bound him to the good behaviour for his offence then committed And for that also the said Alexander was fled and durst not abide Judgement as the said Nevile did who prosecuted him for that offence 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 the said John Warrens Deposition for his own advantage and ends against the said Yates whereby this honourable Court was misled in their judgements in censuring and condemning the said Yates as afore is declared And have therefore Ordered Adjudged and Decreed the said Jerome Alexander for his said foul Offence and Misdemeanour well worthy of sharp and severe Punishment for the same and that he shall be utterly disabled to practice as a Counsellour at Law publikely at the Bar or privately in his chamber holding him not worthy to be of the Society of Lincolns-Inne whereof he was a member have therefore left him to the consideration of the Governours of that House and to pay a Fine of 500l. to His Majesties use be committo the Prison of the Fleet and before his enlargement out of prison shall publikely at the Bar of thisCourt in humble and submissive manner acknowledge his great offence against God and this honourable Court and shall shew himself very penitent and sorrowfull for the same And this honourable Court pronouncing the said Nevile to be clear and free from committing or being privie to the committing of the said Offence of blotting out the words of the copie aforesaid and gravely considering the great trouble losse damage and danger which the said Nevile hath been put unto for clearing of his credit and reputation in his service to the Court in defence of his own innocencie in this cause and in prosecuting and bringing to censure the said Alexander for the same his great Offence and Misdemeanour Have therefore further Ordered Adjudged and Decreed That the said Jerome Alexander shall satisfie and pay to the said Henry Nevile for and towards his losse and damage in that behalf the Sum of 50l. of lawfull money of England Jo. Arthur Dep. Jurat 5 die Maii 1642. Ro. Riche Thomas Talbot of London Gent. doth depose That this Writing is a true copie of the Record of the Sentence therein mentioned being examined by the Record by me the said Thomas Tallbot EXCEPTIONS taken by the said Jerome Alexander Esq unto the Dismission Decree and Proceeding of the Court of Star-Chamber against him touching the said pretended blotting out of these two words that and did in the Paper-copie of one John Warrens Deposition taken in the Cause wherein he was Plaintiff in the said Court against John Yates and others Defendants In anno secundo Caroli Regis First against the Dismission 1 THat it was given against him notwithstanding good cause and proof appearing within the Books to have sentenced the Defendant Yates for that offence of terrifying of Witnesses and tampering with them albeit John Warrens Deposition to the nine and thirtieth Article had been
he could have proved thus much more to have added to Master Jones his everlasting memory of his service in this particular to his Client that Immediately upon the first Rise of this question he was pleased to make this Protestation That he would spend all his Terms gains but that he would fix the fault and blotting out of those words upon Master Alexander and judge if his proceedings afterwards did not make him as good as his word for which Master Alexander hath cause to thank him for his zeal that he would help him unto Justice were it right or wrong We have a Rule in Law That in matters of contract between man and man committed to writing clausulae inconsuetae semper inducunt suspitionem to adde unusuall and unaccustomed Clauses do beget suspition and it hath been found by experience in common practice That as the devil when he intends to play a master-piece of deceit will then transform himself into an Angel of light so he that is about to cozen most will use the most goodly and specious pretences of all the rest but By their works ye shall know them We use to say also That Generalls conclude nothing How then is it possible to pronounce a man innocent and clear from the least suspition of being privie or consenting unto a thing wherein he hath acted or was his duty to act before all parties therein concerned were heard for to object and this upon no other thing then the Oath of the party himself If Master Alexander had had the same justice at the same time in the same Court in the same Cause for whom there was a great deal of more reason he ought to have been cleared also upon the same ground They were the voluntary Oaths of both of them which equally lay before them in judgement for the clearing of themselves And Master Alexander hath cause to wish he had trebled so much as Master Jones his Terms gains did amount unto if so he could have possibly found out any way to have put himself into the same Scale with Master Jones for the clearing of himself 8. ANd the said Henry Nevile being then likewise present humbly petitioned this Honourable Court that he himself and the said Alexander also might be both sworn upon their corporall-oaths in open Court and examined upon Interrogatories or otherwise touching the defacing and blotting out of the said words that and did and also that the said Master Hooker be likewise sworn to declare upon his Oath what he could say for discovery of the truth touching the matter aforesaid All which were sworn in open Court accordingly Whereupon and upon ublike reading of the said Alexanders Affidavit in open Court wherein and some demands then made by the Court to the said Alexander there plainly appeared a repugnancy to truth wherein he had catched himself and discovered his guiltinesse of the said offence Fol. 4 in the Sentence Is it not something strange that albeit Master Alexander was a castaway and not worthy of like consideration with these men yet that the Master and the man should not have the same measure of justice and that which belong both to one thing were not put both in one Case that Nevile too was not presently upon his Oath also declared to be innocent and free from the least suspition of the blotting out of these two words that and did out of the said Paper-copie of the said John Warrens Deposition And surely there was great reason for the Court to have done so for the said Nevile at that time also if this matter alleadged in the Sentence had been true that such a plain repugnancie to truth had then appeared to the Court wherein Master Alexander had catched himself and discovered his guiltinesse of the said offence for this had made an end of all further question about the businesse the Court might then have dealt with Master Alexander as they pleased without more ado But how comes it about that the particulars wherein this guiltinesse so appeared to the Court at that time were not registred for posterity nor do now appear to make this Allegation good The truth is it is but a meer Fiction some more of Matchivails dirt cast in Master Alexanders face to make him seem a little fouler in the eyes of his beholders for had it been so as 't is set forth in the Sentence no reasonable man can think that Master Alexander could have escaped the judgement of the Court upon that instant without more ado and frustra fit per plura quod fieri potest per pautiora Surely the Lord Keeper Coventry who at that time questioned and sifted Master Alexander in Court as Bran with all possible endeavour to have gained this onely confession from him would have taken the advantage thereof if it had been so which had been instar mille testium to have convinced him and was the thing which was afterwards onely desired to have been drawn from Master Alexander by the further Examination of him before the Judges that very day directed and ordered by the Court for to be done Surely the Officers and Ministers of the Court now banded together against Master Alexander would have accounted it a happinesse of his pen to have catched it the first before it had half fallen out of his mouth and it would assuredly have been inserted in the Sentence with a vengeance to him that no publike Proclamation could have so openly divulged it to the world But that this is in the Sentence also it is no wonder when the whole is but a Recollection of Suppositions inserted in it without ground or warrant And the truth is the matter was made cock-sure in those times what by the power of the said Lord Coventry and Archbishop of Canterbury and other Master Alexanders like potent enemies that this matter should never have been stirred again untill the day of the generall Resurrection as shall more fully appear by that which followeth 9. THe Court was pleased to require the Lord Chief Justice of the Kings Bench and Master Justice Dodderidge both present in Court to take the Examination of the said Alexander Nevile and Master Hooker touching the premises who took great pains herein accordingly and at the earnest sollicitation of the said Nevile on the 7 day of this instant November returned into this honourable Court their Certificate of all their proceedings therein which said Certificate was openly read in Court upon the 10 day of this instant November Upon the reading whereof and opening of the points of the same Certificate by Sir John Finch Knight of counsel with the said Nevile the Court was inclineable to be of opinion that the said Alexander himself was the man that did blot out and deface the said two words that and did out of the said John Warrens Deposition for his own advantage against the said late Defendant Yates Fol. 4. in the Sentence To what purpose had all these further Examinations
been to finde out that thing which in the Sentence is alleadged to have been publikely confessed by Master Alexander in Court before But there was more in it then so they might not relie upon this reed and therefore proceeded further to muster up and gather together what they were able to make some colour at least for a Sentence for they saw all this would not do nor serve the turn there was yet but an inclination to think Master Alexander guilty of doing this thing albeit as much now had been done and that which was done had been canvased as thorowly as was possible in Court to gain a belief and opinion of his guiltinesse But to proceed 10. BUt for that the said Alexander was neither himself in this Honourable Court in person neither had any counsel to speak for him the Court therefore did forbear to give any finall Sentence or Decree therein that day but gave the said Alexander time untill the next Sitting-day to shew cause fi any he had by his counsel or otherwise why the Court should not proceed to Sentence against him for that misdemeanour or in default thereof the Court intended to sentence the next sitting-day at which time the said Alexander was ordered to be present at the Bar in person Fol. 5. in the Sentence Surely no Justicers will give a judgement against any man before they be resolved And all this while appears that some of those Judges were not satisfied that Master Alexander was guilty of any such wrong doing as was laid unto his charge and therefore gave this further time which otherwise they would not have done By this also you may pereceive into what a sad condition and strait Master Alexander was driven that having the supreme Judge and Officers of the Court for his adversaries he could procure no counsel that durst to speak or move in his cause though never so just so were men over-awed or related one unto another in those days that Justice had not his current and free passage especially in that Court and that man must be sacrificed unto ruine upon whom the indignation and displeasure of any such as Master Alexanders adversaries fell And when he that would not comply with the times ti being in any way that might hinder their designes it was cause enough to destroy him And what could Master Alexander now expect but destruction when that thing whatsoever he spake for the justifying of himself had a contrary sense and interpretation put upon it and was inverted to his prejudice Counsel none would nay durst not as they told me once to speak in it for when at first they did a little offer some things cooly and faintly in Master Alexanders behalf and put for triall how it would be relished and received they found it passed by in silence if materiall or themselves dis-regarded for the motion And what wise man will engage himself in such a quarrell where whosoever speeds he is sure to get blowes for his recompence Howsoever it was fairly offered had it been accordingly pursued that Master Alexander should at least have notice of their intentions that they were resolved to proceed to sentence him and that he should be present at the Bar in person to hear his condemnation But now it was well understood by Nevile that Master Alexander was before this time gone out of Town into the Countrey neer an hundred miles from London to search for Letters which he had formerly received of his about the businesse in which he hoped to finde his acknowledgement of doing this thing in manner as Master Alexander had alleadged for which reason all their Forces are set on work for to procure this Sentence in his absence and to raise that as one argument of guilt which was intended to have made his more clear Defence and this he taketh God to witnesse was the originall cause of his leaving the Town after that he had once cleared himself again before the Judges thinking it impossible in his own understanding and so conceived by others of better judgement then his that any such thing as a Sentence could have been once thought upon to have been given against him as his case stood 11. NOw this day was read in open Court an Affidavit of Charles Bagshaw Gent. that he had done his best endeavour to serve the said Jerome Alexander with the said Order and to give him notice thereof for which purpose he had sought him at his Chamber at Lincolns Inne and given unto his Boy or Clerk whom he found in the said Chamber a true copie of the said Order And the said Nevile himself offering to be deposed That he did at the late Lord Chief Justices give the said Alexander himself warning to attend the Court at his peril All which notwithstanding the said Alexander made default and had withdrawn himself as was now informed to this honourable Court Fol. 5. in the Sentence In this it is observable as a Ground That in all Courts of Justice whatsoever the Rule is That no man ought to be condemned or to have judgement given against him for any matter depending in any Court of Judicature but the Order or Processe of that Court is first to issue to give him timely notice of the resolution of the Judges of those Courts to proceed to Judgement at some certain time prefixed that so no man may be overtaken uprovided or without making his just Defence except such party as after notice shall wilfully absent or not provide by counsel or otherwise for to justifie himself in his proceedings and without this many an innocent man would be undone And in case where neither the partie by himself or by his Counsel shall appear to defend himself after such notice and that the warning doth sufficiently appear unto that Court to have been given him according to direction that there be no delay in justice the Court will proceed to judgement without him yet with such caution as if possible they will not do him injustice for his contumacy therein nor will wrong their consciences in the Judgement but will try out the truth howsoever by all means for whatsoever lies before them and therefore in such cases of absence they hear all such Answers Depositions of Witnesses and other matters of Record lying before them to be read which before that time the party hath made for his Defence or that he hath alleadged for maintenance of any Charge in such an Action or Proceeding and will in such case be much more wary and circumspect to promote the truth of whatsoever side it is appearing within the Books then if such party had been present for Judges sit not to side and make parties or to take opportunities to revenge themselves but for to do justice and judgement truely and impartially for justice sake without the respect of persons But then see if Master Alexander have received this measure of justice in this matter concerning him An Order of notice for
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
And though it be commonly presumed a man will be for the most part at his own house which is his Castle for to manage his estate and to provide for his family there is no such intendment or necessity of a mans being at his chamber in another place remote from his dwelling-house as this was neer 100 miles distant and therefore the leaving of this Order in a case so penall at his chamber here in London where he was tied to no constant residence but might stay and be gone again at his pleasure without precise proof of his being there and personall notice before the hearing was no such service of that Order as did warrant that Court to proceed to Judgment against him in his absence and without defence Again observe albeit in the Setence it be expressed that a copie of this Order was left with Master Alexanders Boy or Clerk at his chamber at Lincolns-Inne yet the Affidavit of Bagshaw says not so for he swears onely He gave it to a young man or youth of whom he enquired if he were not Master Alexanders Clerk or man and where his Master was who then confessed that Master Alexander was his Master but that his said Master was not within neither could he tell where he was But his saying so doth not make him so if in truth he were not so and all this doth not prove him to be so So t is clear Bagshawe knew him not to be Master Alexanders Clerk or man and Master Alexander had more chamber-fellows that had Clerks and men then in Town to whom it was certainly delivered by some willing mistake to make thus much of it in colour for the hearing And what Nevile delivered who was this Bagshaws setter was still but to this mistaken Clerk or man and therefore no whit to have been regarded for such a service Nor was it Bagshaws belief of notice nor Neviles charge to that Clerk or man to deliver the said copie of the said Order to Master Alexander that therefore concluded He had notice or that it was delivered unto him accordingly as it was not And if it had been Master Alexanders Clerk or man Nevile knew him and his name for Master Jones saith He attended with the Books at the hearing of the cause against Yates and that he took the said Deposition of John Warrens for him and shewed it to the Lord Keeper Coventry Other Clerk or man Master Alexander had not and if it had been he Nevile would have caused him to have been named for he had a Christian-name and Sir-name but was not then in Town as Master Alexander believeth So it is likely they set up a man of straw and killed him when they had done either feigned the being of some such man or Clerk there that was not or delivered the same to some man or Clerk that was no man or Clerk of Master Alexanders and by a willing mistake made this use of it to condemn him in his absence Howsoever it was no good service in it self for the reasons aforesaid and the Court was abused by inserting in the Sentence either what Nevile voluntarily affirmed clean from the matter and that Bagshaw should depose that the copie of the said Order was left with Master Alexanders Clerk or man which he did not swear at all And of necessity must Master Alexander make default at the hearing when he was so long before gone out of Town and had no manner of notice nor could have notice possibly of the said intended hearing And for his withdrawing himself you have heard the occasion and when and therefore no ways worthy of blame or that any use ought to have been made of it to his so great disadvantage 12. WHereupon was read again in open Court the said Alexanders Affidavit and the said Certificate of the said Lord Chief Justice and Master Justice Dodderidge Upon the reading whereof and opening of all the parts and points thereof by Sir John Finch Knight and Sir Heneage Finch Knight Recorder of London both of counsel with the said Henry Nevile who was present in Court himself to stand to justice it plainly appeared to this most honourable Court as well by divers apparent contrarieties between the said Alexanders Affidavit before mentioned and his Examination taken upon his Oath before the Judges as by divers other pregnant reasons and circumstances conducing to prove him guilty of this great offence Fol. 5. in the Sentence Master Alexander doth appeal herein to all practisers in these Courts if in their whole times of their practice they have never known any man to be fined upon such Generalls which imply no certainty of any thing For to say it was so because it is related that it was so in the Sentence without shewing wherein or how I believe is a President without Example to convict any man of such a crime But that this is a false Allegation as you have heard the full effect of Master Alexanders Affidavit recited almost Verbatim in the Sentence before so now be pleased to read the same Certificate which followeth in haec verba In Camera Stell 7 die Novembris anno 1626. secundo Caroli Regis The Certificate of Sir Randal Crew Knight Lord chief Justice of his Majesties Bench and Sir John Dodderidge Knight of the Justices of his Majesties said Bench between Jerome Alexander and Henry Nevile ACcording to an Order of this honourable Court of the 27 of October last we have examined the parties concerning the blotting out of two words in the Deposition of one John Warren viz. that and did being for the advantage of the Plaintiff Alexander And we have likewise examined Master Hooker one of the Attorneys of this Court Gay the Examiner that took the Examination and Wright the Clerk that wrote them being both dead Nevile denieth the altering of Warrens Deposition and saith He never saw it from the time it was first taken out till it was read in Court He denieth that either he or any other to his knowledge did alter the same and that he never examined the copie with the Original neither did the Plaintiff ever leave the same with Nevile to be examined He denieth the having of any Reward for Examination thereof for he was never required to examine the same Alexander denieth expresly the alteration of Warrens Deposition or that it was done by him or by any other by his procurement He saith He went to Master Hudson to peruse his Depositions being of Counsel with him And that the Deposition of John Warren when Master Hudson perused the same was without any blotting or alteration and that the two words that and did were then fair in the same copie not scored nor blotted And Master Hudson told him upon perusall of the same That it was but upon hearsay and made not for him Whereupon this Examinate told him That divers were present at an Arbitrement intended when it was spoken precisely by Robert Warren and not by