Selected quad for the lemma: truth_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
truth_n	leave_v	master_n	nevil_n	36	3	16.0247	5	false

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

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

before them Exo. 14. and the mountaines on each side and the Egyptians pursuing and thus before God delivered the Israelites from the Philistimes They were come to that lownesse 1 Sam. 13 19 22. that they had neither swords nor spears nor a Smith to make them any 1 Sam. 17.8 and at another time God doth not deliver them untill one Goliath had made all the Hoast of Israel run like sheepe and the famine in the time of Joram was not removed untill the fourth part of a Cabb of Doves dung was sold for five shekles of silver yea till the women eare their own children 2 kings 25.29 and the people of God were not delivered from the enemie in the time of Jehosaphat till he was driven unto such a strait as that he knew not what to do 2 Kings 18.3 Hezekiah is not delivered from the Assyrians untill the fenced Cities of Judah are taken and Christ came not to deliver us untill the Scepter utterly departed from Judah and that the Nation were made slaves unto the Romans and yet when Jacob is thus tossed to and fro Esau is still at rest in Mount Seir encreasing in riches and power when Saul is on the Throne David is hunted in the mountaines as a Partridge when Mordecai is sitting at the gate Haman is in favour at the Court and when the Courtiers be at the banquet of wine Shusan is perplexed mis-constructions of such mens wayes not being the least part of their sufferings which not onely the innocent but the most deserving must resolve to bear till truth which is the daughter of time make them vanish for though Judah play the harlot Israel must not sin but musT strive if possible with Stephen to see a Jesus in the heavens when the stones flye thickest about his eares must resolve to bear off his sufferings with head and shoulders for many shall follow these pernicious wayes 2 Pet. 2.12 by reason of whom the way of truth shall be evill spoken of though it be of such things as they understand not wherein they must prevaile till the time come that they utterly perish in their own corruptions Psa 30.5 and receive the reward of their unrighteousnesse But howsoever heavinesse may endure for a night yet joy commeth in the morning that albeit a man thus becomes as a Menster unto many Psal 71.5 9. Yet if he puts his sure trust in the Lord he shall be like Mount Zion that shall never be removed for truth hath alwayes a good face though neere so bad cloathes will not be ashamed when irreligious policies will never sTand ill doings being still guarded with bad successes and when these men like Ducks will dive under water at every stone that 's thrown at them truth like a River that 's still running will cleanse it selfe and leave its filth still under his feet thus a good esteem maintaines credit and me thinks to a wise man he should not care who were the messenger of this truth nor what he were that were intrusted that were known to be faithfull in the things committed to his care and charge a Palsie hand taketh nothing from the Jewell that 's in it a seal of gold and a seal of brasse being cut alike make the same Impression I but he hath been tainted saith the adversary in the worlds opinion and therefore to be laid aside But such as understand will know before they take suspition our lives are mixt with sweet and sowre no picture is all made of brightest colours no harmoney doth consist all of trebels the base in perfect musicke must be one I may use that a bad man hath or else a good thing once abused I cannot use a man may slip and cannot do withall by chance may slip and fall into the mud and yet not delight for to be there a broken bone well set is strongest in that part and the sooner set the sooner at ease and thus ill luck is good for something that Cart which is driven the best may overthrow and yet be set right again and after carry his loade never a whit the worse after an ill crop the Land must be used one Banckrupt makes not the Change empty and after shipwracke a man must saile againe a Song is not judged by one note nor can you know what the Comedy is by one Sceane nor the Oration by one sentence he never was a good man that doth not mend without the black the white hath no grace the Diamond is the brighter for his foil and he that was never crost thinks there was no other heaven but here however the Gloworm shineth brightest in the dark the Damaske Rose is sweeter in the Still than in the stalk and a good face may be seen in a glasse of Jet good men are gainers by afflictions but it is the fashion of the world still to go along with the rising sun and to shift sayles as the wind stands and when she sees her master ready to mount then for to commend him above the skies 't is a right Dequey which hath for every Bird a baite and will have his Oare in every boat his part in every Pageant these Painters then expresse their skill the best when they deceive the eyes with best shadowes like rotten plums upon a tree they are most beautifull of the rest to look upon but do but shake this tree a little and they fall presently like empty barrels these ever make the greatest sound and like a whelp will bark loud and run away and yet this drosse carrieth a shew of silver but these shaddows stick no where as empty egge-shels they evermore swim aloft when those that are full of meate sink to the bottome and yet for all this this mans joy is but as laughter in his sleep and the chirping of Birds in a sun-shine day yet when these frogs croak thus far beyond their wont beware of a tempest but thus then a man may know a Kyte by the very feathers that he weares Bu saith Haman he will not bow the knee therefore he must be destroyed a Fox I must confesse will flie at the braying of an Asse because he knoweth it not to be an Asses voyce but the Lyon will not do so because he knows it a fool is not to be feared for his noyse and he that pisseth clear needs not care a fig for the Physition vertue is impregnable in the greatest distresse a pure fish will swim in muddy streams Deut. 8.5 be not mistaken then For God correcteth every Son whom he receiveth Heb. 12.6 7. and useth not his rod where his sword shall come the Pillory and scourge are made for such Delinquents as shall escape execution O but he still out-runs the Constable Psal 94.12 and cannot be layd hold on by any meanes Who is it but will save his head with both his hands for his wisdome is nothing worth that is not wise for himself

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

hearsay And thereupon Master Hudson advised him to examine it with the Record Whereupon he went to Nevile and shewed him the Deposition and what Master Hudson conceived thereof and then Nevile would have blotted out those two words if this Examinate had not restrained him And after they went to the Examiners Office to have compared it with the Originall But he being not then to be found this Examinate left the Depositions with Nevile and afterwards received the same again from Nevile with those two words blotted out the same being done without his privity of procurement And this Examinate saith That the Cause was heard in this Court the same day he went to examine the copie with the Record and found the Record to be fair with those two words in the same whereat this Examinate was much astonished Being asked what extraordinary rewards Nevile received from him in the solliciting of his Cause saith That in the Term he went to Master Hudson for advice he gave Nevile six shillings before he went to Master Hudson And when he had the Book from Nevile Nevile demanded of him two shillings as a Fee due to the Examiner But Nevile denieth that he had any money of him that Term and thinketh in his conscience That for the drawing of the Bill and drawing part of the Interrogatories and his care and pains as a Clerk in the Cause he hath not had above thirty shillings since the beginning thereof being about six yeers past nor that he had ever any thing from him since the Term the Cause was published in which was vicesimo Jacobi and copies of Books delivered saving of such moneys as he laid out for him in Court and ten shillings in money he having laid out of his purse nine shillings four pence thereof before Master Hooker deposeth That in the afternoon the same day the Cause was heard in court M. Alexander met with M. Jones his Attorney and the Examinate in Grays-Inne where they went together to M. Jones his Study and seeing the Deposition there seemed thereupon to be in a great passion or perplexity about the blotting out and defacing of the two words that and did out of Warrens Deposition saying What an unfortunate man am I what will become of me And being asked by this Deponent From whom he had received the Paper-copie said He could not tell whether he had it from Nevile or from the Examiner himself but said and swore He altered it not nor knew who altered the same but that the copie was as he received it and affirmed as much upon the view of the originall Examination with the Examiner Howbeit Alexander in his Affidavit deposeth He left the copie of the Depositions with Nevil to be examined and received them from him again Nevil telling him He had examined them whith the Original and that he had then made it to agree with the Record This being the state of the Cause before us we humble leave it to the judgement of this honourable Court Hamo Claxton Ran. Crewe John Dodderidge John Arthur Dep. Thomas Talbot of London Gent. doth depose That this is a true copie of the Certificate therein mentioned Examined by the original Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche And now be pleased to observe if there by any such contrarieties between Master Alexanders Affidavit and the said Certificate of the Iudges as is alleadged in the Sentence It must needs be that the Affidavit being drawn by Master Alexander after his own way as he understood the matter and the Certificate being made by direction of the Iudges who did interrogate Master Alexander as they pleased and so to set down things after their own order and manner there may be some seeming difference in words and phrase of speech but for substance there is no manner of contrariety or variation at all This is more in the Certificate then in the Affidavit That so soon as Master Alexander did shew the said Iohn Warrens Deposition to the said Nevil with the doubt in the Deposition conceived by his Counsel and the mark applied to it in the margin of the Paper-copie Nevil would then have presently blotted out those two words that and did if Master Alexander had not restrained him Which crosse nothing at all in the Affidavit but makes Nevil the more culpable and more clearly appear to be the man that did the fact for he that would then have done it before Master Alexanders face without ever examining it with the Record saying He knew it to be but a mistake 't is more likely he would do it behinder Master Alexanders back This is also contained in the Iudges Certificate more then in the Affidavit viz. That Master Alexander going to the Office to examine the Deposition with the Record and finding those two words that and did fair in the Record was much astonished Which word astonished is not in the Affidavit yet doth not this contradict any thing in the Affidavit but the more enforceth Master Alexanders innocence of the fact For astonishment is rather a Compurgatour then an Accuser not arising from guiltinesse but from a meer other thing As that a man being surprised with a sudden Accusation as in this Master Alexander was though armed with innocence that he cannot be pierced yet may he be amazed with so unexpected a charge It oftentimes proceeds from sensiblenesse of disgrace ashamed though innocent to be within the suspicion of such faults or that he hath carried himself so that any tongue durst be so impudent as to lay it to his charge May happen from a disability to acquit himself at the instant his integrity wanting rather clearing then clearnesse therefore saith Job The upright man shall be astonished at this and the innocent shall stir up him self against the hypocrites Job 17.8 The very Disciples were astonished at Christs words Mark 10.34 and in the 26 verse it is said They were astonished so out of measure saying Who then can be saved shewing how difficult a thing it is for a rich man to enter into the Kingdom of Heaven And so in many other places of Scripture astonishment is most commonly taken in a good sense And thus 't is plain that upright and innocent men are oftentimes astonished So that upon observation of both there is not eny variation or contrariety in Master Alexanders Affidavit and his Examination before the Iudges in matter of substance at all but the same is untruely alleadged in the Sentence without ground or warrant to make for their purpose against the truth And as to that part of the Certificate from the Iudges which concerns Nevils Examinations as it is onely to excuse himself of an offence wherewith he stood first charged and as it was unwarrantably grounded and admitted to be done at first so you finde them not pressed nor any use made of them at all first or last And since for reasons best known unto the