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-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
publikely or privately nor to have born any Office What course could he have then taken for a living dig he could not and to beg he was ashamed and what other way had been left him whereby to have maintained himself and family And this this worthy Gentleman would have done to have satisfied his Spleenatick humour Yet like the son of such a father he gives this reason for it In regard saith he of his constant persisting in foul practice having thereby done prejudice to some of the Nobility and severall of the Clergie in that Kingdom You well know who was the father of such untruths from the beginning And Master Alexander is certainly perswaded that it was the invention of his own brain for wrong he never did to any man in that or this Kingdom nor in all the world that he is conscious of unto himself nor did any man there that was not of his Confederacy ever complain of the least ill measure or miscarriage done him by Master Alexander And those Complaints wherein he had a hand albeit they had the said Lord Deputies best countenance and assistance and what he and all the enemies which he had could invent and put upon him yet did Master Alexander clear himself of whatsoever Accusation and left the shame to rest upon them all to whom it justly appertained But peradventure Master Fitz-Gerald will answer this in the language that he informed it in and whatsoever his ill meaning was in the matter will take the words in their proper sense and so t is true Master Alexander by his Practice had done some of the Nobility and some of the Clergie prejudice Sure it was his Profession to do so when he overthrew them in their unjust Suits wherein he was of Counsel against them yet did them no wrong therein nor injury unlesse in Master Fitz-Geralds esteem it was not fair for any man of Law to have opened his mouth against a Lord or Prelate of those times And for the Clergie Master Alexander can but wonder that the should make use of their names in so false a thing as this when t is well known Master Alexander had no such ill opinion amongst the Clergie And that you may perceive that Master Fitz-Gerald circumvented the Lord Primate of Ireland in gaining this Letter from him under such Generals to do Master Alexander a mischief the Information being sent over to Master Alexander out of England by his friends at Court to let him know how his Majestie was thus again possessed and incensed against him he went therewith unto the Lord Primate and shewed his Lordship the same informed him that his name was made use of as one that sent over this Complaint against him which he utterly disclaimed and to go Master Alexander right therein gave him the Certificate under his hand which followeth in these words AT and upon the humble request of Jerome Alexander of Dublin practiser in the Laws informing me that he is credibly given to understand by Letters out of England that his Majestie should be informed by Letters from me hence against him whereby to alien and withdraw his Majesties favour from him in some thing now intended by his Majesty unto him Therefore to satisfie his desires herein and all other whomsoever I do declare hereby That for my part as I never had cause of any Complaint against him now since his residence in this Kingdom have never heard that he demeaned himself here otherwise then orderly and well so I professe that I never wrote any Letters unto his Majestie or any person whatsoever against him either into England or elsewhere but do wish him much good and would rather do him a pleasure then otherways if it should lie in my way Given at my house at Dublin this ninth of November Anno Dom. 1633. Ja. Armachanus Which being sent over for England and shewed unto his Majestie begat a little better opinion in him of Master Alexander then before Yet whensoever his Majestie was sollicited for a Pardon in his behalf the Lord Coventry still was advised with herein as it was his place who so incensed his Majestie still again and again against Master Alexander as for a long time he stopt and kept the current of his Majesties mercy from him All which he did fearing Master Alexanders return and that he would complain of the injustice done him which you may perceive he was no ways able to answer in this matter the same so grosly appearing out of the proceedings that there needed no proof but the Records of his own actions to manifest the same And now after this Master Alexanders father in law Master John Havers and his uncle Captain Edward Havers being well satisfied by Counsel of the iniquity of the Sentence and by Master Noy for one amongst the rest out of their meer goodnesse could hold no longer but were resolved That if the Lord Coventry should interpose in the matter any longer against Master Alexander they would complain of him unto his Majestie yet first they attempted again to obtain his Majesties favour for a Pardon which with much ado his Majestie granted and for which Master Alexander doth own very much to the Right Honourable the Earl of Pembroke who being well informed in the businesse and finding with what a high hand he was opposed by the Lord Keeper for his own ends would not be denied of his Majestie therein by which means it was obtained Yet when it came to be drawn up the Lord Coventry came to the King again and would have perswaded his Majestie against it but finding him and resolved to have it done when he perceived it must passe yet then with his importunities he prevailed to have the Condition inserted in it howsoever That Master Alexander should not use his Profession here in England and after all this yet stopt it at the Seal for some time notwithstanding till Master Noy being then this Majesties Attorney-Generall came to him of purpose and told him reasons why it were better for him to passe it so then to endure a Complaint and thereupon he sealed it much against his will which followeth in these words CHARLES By the grace of God King of England Scotland France and Ireland Defender of the Faith c. To all whom these Presents shall come Greeting Whereas in Our Court before Our Councell in Our Star-Chamber the seventeenth day of November in the second yeer of Our Reign in a Cause then there late depending between Jerome Alexander Utter-Barrester at the Law Plaintiff against John Yates and others Defendants by Judgement of the same Court the said Jerome Alexander was censured for a foul misdemeanour and offence by him committed in defacing and blotting out of certain words out of the copie of certain Depositions taken in the said Cause for his own advantage and ends against the said John Yates whereby Our said Court was misled in their judgements in the censuring and condemning of the said Yates
and therefore it was then Ordered Adjudged and Decreed by Our said Court That the said Jerome Alexander for his said foul offence and misdemeanour was well worthy of sharp and severe punishment for the same and that he should be utterly disabled to practise as a Counsellour at Law publikely at the Bar or privately in his Chamber and to pay a Fine of five hundred pounds to Our use be committed to the prison of the Fleet and before his enlargement out of prison should publikely at the Bar of Our said Court in humble and submissive manner acknowledge his great offence against God and Our said Court and should shew himself very penitent and sorrowfull for the same and was further Ordered to pay and satisfie to one Henry Nevil a Clerk of the said Court for and towards his losse and damages sustained in that Cause the sum of fifty pounds of lawful money of England as by the said Order and Decree remaining of Record in Our said Court more at large appeareth And whereas Our welbeloved Subject John Havers Gent. father in law of the said Jerome Alexander by his humble Petition to Us exhibited hath shewed unto Us that his said son in law being no ways able to satisfie the said Fine was enforced to absent himself out of this Our Kingdom into Our Realm of Ireland where he hath ever since continued and that out of his commiseration of the distressed estate of his said son in law his wife and children being desirous to put him in a way to support his own charge hath satisfied the said Fine of five hundred pounds and also the said fifty pounds to the said Henry Nevil and for that also the said Jerome Alexander hath ever since carried himself well and uprightly in Ireland hath therefore humbly besought Us that We would be graciously pleased to grant unto his said son in law Jerome Alexander Our gracious Pardon for the remainder of the said Sentence being onely Imprisonment in the Fleet during Our Pleasure submission to Our said Court and disabling him to use his Practice And whereas We by Our Letters Patents under Our Great Seal of England bearing date at Westminster the eight and twentieth day of March last past before the date of these Presents as well for and in consideration of one hundred pounds paid into the Receipt of Our Exchequer to Our use by Humfrey Fulwood Gent. as for other causes and considerations in the said Letters Patents mentioned and expressed did give and grant unto the said Humfrey Fulwood the said Fine or Sum of five hundred pounds and all the benefit and profit of extent or seisures for the same Fine or Sum of money or any part thereof or towards the levying or satisfying of any of them to be had or made and all Our Right Title and Interest of in and to the same and every part and parcell thereof To have hold and enjoy the said Sum of five hundred pounds and all Our Right and Interest of in and to the same and every part parcell thereof to the said Humfrey Fulwood his Executours Administratours and Assignes to his and their own proper use freely as of Our Gift without recount or other thing therefore to Us Our Heirs or Successours to be rendred paid made or done other then as in the said Letters Patents is expressed as by the same Our Letters Patents amongst other Powers Authorities and other things therein contained more at large appeareth Since the granting of which Letter Patents to the said Humfrey Fulwood the Petitioner John Havers as we are informed on the behalf of his said son in law Jerome Alexander hath fully satisfied and paid unto the said Humfrey Fulwood the said Sum of five hundred pounds or otherwise compounded with him the said Humfrey Fulwood for the same as by an Acquittance under the hand and seal of the said Humfrey Fulwood bearing date the seventh day of April in the ninth yeer of Our Reign testifying the same more at large appeareth And that he hath also satisfied and paid unto the said Henry Nevil the said fifty pounds before mentioned to be awarded unto him the said Henry Nevil by the Sentence of Our said Court for his damages as aforesaid or hath otherwise compounded for the same as by an Acquittance also under the hand of the said Henry Nevil dated the three and twentieth day of May in the sixth yeer of Our Reign more plainly doth appear Know ye therefore that We being moved with pity and at the humble Suit of Our said welbeloved Subject John Havers of Our especial Grace certain knowledge and meer mercy have pardoned remissed discharged and released and by these Presents for Us Our Heirs and Successours do pardon remit discharge and release unto the said Jerome Alexander by what Name or Names Sirname or Sirnames or addition of Name or Sirname Mystery or Mysteries Place or Places whatsoever he be called or known or late was called or know all and singular Pains of Imprisonment and Submission whatsoever to be made to Our said Court of Star-Chamber by him the said Jerome Alexander for the said trespasse and offence and all other corporall punishments whatsoever in or by the foresaid Order Judgement or Decree imposed ordered adjudged or decreed against him and all further Execution that We have or may have against the said Jerome Alexander by occasion of the said Sentence Willing and Commanding by these Presents all and every Our Judges Justices Sheriffs Offices and Ministers whatsoever that the said Jerome Alexander for the premises before by these Presents mentioned to be pardoned remissed discharged and released or any of them be not at any time or times hereafter in any wise sued molested vexed attached arrested imprisoned troubled or disquieted but that he be from all imprisonment for the same and submission whatsoever to be made to Our said Court for any the matters offences or causes aforesaid for ever hereafter absolutely acquitted released and wholly discharged by these Presents And if for the matters afore by these Presents pardoned discharged and released or either of them the said Jerome Alexander is or at any time hereafter shall be imprisoned arrested or disquieted That then upon shewing of these Our Letters Patents or the Inrolment thereof he be forthwith freed discharged and set at liberty without any further or other Warrant from Us Our Heirs or Successours to be had procured or obtained in that behalf And these Our Letters Patents or the Inrolment or Exemplication thereof shall be unto all men whom it shall or may concern a sufficient Warrant and Discharge for the same Provided neverthelesse and upon this Condition That the said Jerome Alexander shall not at any time or times hereafter practise as a Counsellour at Law within this Our Kingdom of England either publikely at the Bar or privately in his Chamber but shall stand and be utterly disabled from the same according to the Tenour of the said Decree and Sentence
of pregnant Testimonies for this the Lord teacheth should be so by his own example he would not proceed against the Sodomites upon the cry that came up Psal 105.18 19. but he would first go down and see for this is to judge righteous judgement and not according to appearance then hurt his feet no longer in the stocks now that once his cause is known and the man found out to be innocent I must confesse it is hard to distinguish between the precious and the vile such as are eminenly good 1 Tim. 5.24 and notoriously bad t is hard to discern them for some persons like the Moon in the change Jer. 15.19 seemes to have lesse light and worth in them then indeed they have little in the eye of the world much in the eye of heaven others I acknowledge seem better than they are like blazing stars that make a great shew and look as gloriously as any the stars in heaven and yet are no stars but sticking Meteors Therefore saith one well that in judging things we ought to judge Secundum quid sunt but in judging of persons and actions it it is not alwayes so in re comperta in a case that is evident its equally an abomination to the Lord to justify the wicked person or action as to condemn the just Prov. 17.15 but in re dubia it s otherwise for there the rule holds dubia in meliorem partem sunt interpretanda 1 Cor. 13.7 Charity to the person should sway the judgement though not absolutely for to determine yet to think him good whom we do not know to be bad but it hath been still my unhappinesse in whatsoever to have an ill sence put upon my good meanings and a false interpretation upon whatsoever I have well intended but men must permit what they cannot remedy Josephus relates of the Jews that they were very carefull how they received Proselytes in Solomons time because the state of the Jews then flourished they thought every one upon base ends might come in and pretend then that he would joyne with the God of the Jews but good men have one and the same will and as the eyes one turnes not without the other and I could wish that in these times all men were so just unto the cause and to themselves as to respect and look upon those that have continued faithfull from the beginning and have never from the first varied from those right principles to which there is no exception unto this day Neh. 2.10 but I see very many now adayes are of Sanballat and Tobiahs minde Psal 59.6 14. grieved exceedingly when but a man appeared that came to seek the welfare of the children of Israel and if an man be discountenanced by a Patriot and great Magnifico of the times as a Deer that is once shot all the rest of the heard do strive to push that man out of their company and if he be but once branded with a crime though salfe when the wound is cured his credit shall be killed with the scar and as great pain lyes in the rubbing of an old wound as in making of a new nay he that but rubs the scar casts fuell on the fire to quench it Psal 56.5 6. the very handling of it more inflames it and makes it spread the more there being certain willing mistakes amongst those sons of men that hunt after the ruine of a man Psal 38.16 19. in his goods or good name that all birds of the same feather will hold together Keepe themselve s cose and marke my steps saith David when they Iay waite for my soul Nay they willingly trust him which is known to be a common lyar rather then they will want matter to work mischiefe against him they hate howbeit rumors we know though they be causes of cautelous Jelousies are no sufficient grounds to undo a man upon being without witnesse without Judgement malicious and deceiveable but men deal herein with those they love not as the Romish Writers who will be sure to defame them that differ from them in opinion speaking great swelling words having their persons onely in admiration Jude 16.1 Sam. 16.7 where they can finde or look for advantage but since we cannot see as God doth Jer. 17.10 who looks directly on the heart and so Judgeth we must finde out a man by his words and actions as the Naturalists judge of the forme of a thing by its qualities and operations we of the habit of the heart by its naturall inclinations as of a tree by its fruits Mich. 7.20 not taking up things upon trust but by examination before we determine of them for if a man should judge of the Moon and Starrs by the lustre and splendour that the sun hath cast upon them we must deem them to be far more glorious creatures then they are indeed and so some such turbulent tribunes there are in every State who out of their glorious vaing glorious humour of popularity would be accompted Angells though it be but for stirring and troubling of the waters but Mirons Cow that was counterfeit onely deluded other heards of Cattle pretexts may colour vice and disguise it but the painted grapes deceive the birds for this Nightingale being pulled out of her feathers you will perceive her to be sound and nothing else 't is not the habit that makes the Monke nor are they most guilty that are most blam'd and such is we see the over-ruling Providence of the most wise and mighty God that every discent into a lower condition Deut. 4.20 is oftentimes the means to raise him higher whom God will exalt j Gen. 15.17 as it was made unto Joseph a staire to ascend unto that honour which his dreames had promised Gen. 37.5 6 7 8 9. Gods glory being most advanced when his people are at the lowest the blinde man being so born Psa 105. 17 18. that the work of God might be manifested in him and it was the greater miracle that Lazarus had layen four dayes dead before our Saviour restored him unto life again when the Patriarks bad sold Joseph into Egypt JO. 9.3 11.39 themselves were after in bondage there four hundred years and every day in a worse condition than other for before they were Subjects after they became slaves and after that esteemed to be such as it was not thought sit for them to live Exod. 1.16 and therefore care is taken to murther them in their birth and when Moses came to deliver them where before they were but dying men now they stink in the nostrills of their adversaries and when they were delivered yet worse for where before they were scattered in the Land and some of them might hope for to escape Exod. 5.21 now all are gathered together and thought sit to have the neck of all cut off at once as Nero desired concerning the people of Rome then the Sea
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
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
and some others of His Majesties privy Counsell of that Kingdom whom his Lordship had interessed therein together with him self which was in the nature of an Injunction commanding your Petitioner not to proceed in his said Tryall and to refer th hearing of the businesse to certain Referrees intimate friends of the said Fearnsleys who were thereby appointed to hear and end the same and this was done before your Petitioner was ever called to make answer to the said Petition or that he was ever heard to say what he could object against it And albeit your Petitioner did afterwards Petition his Lordship and Counsell shewing the false suggestions of the said Petition and desiring to be left unto the Law yet could not your Petitioner obtain a dismission thereof but the said difference was notwithstanding continued referred to the said Referrees who conceived an order which your Petitioner durst not to gainsay all of them being persons before whom your Petitioner daily appeared in his Clients Causes which was That your Petitioner should accept of 40 l. at certain times in the said order mentioned when your Petitioner had spent above 40 l. in the prosecution of the suite besides his other dammages and losses to amounting above a 1000 l. more And whereas your Petitioner was Lessee for yeers of certain Lands and Tenements lying in the Town of Kilmainham neer Kels in the County of Meath within His Majesties said Realm of Ireland the Parson of the said Parish of Kels pretending that the greatest part of the said Town of Kilmainham did lye within the Limits and Precincts of the said Town of Kels made claim to the Tithes thereof Whereof neither he nor any his Predecessors Parsons of Kels within the memory of man had ever received any Tithes there nor had he any colour to demand the same but presuming to finde all favour against your Petitioner did therefore Petition the said Earl and Councell for recovery thereof to whose Petition your Petitioner was ordered to make answer and did so do and in his answer and otherwise it was informed to the said Earl and Counsell That the same was matter of Inheritance tryable by course of Common-Law Whither he craved to be dismissed and also craved in ayd of his Lessour to be made Party with him at least to the said suite that so his Inheritance might not be bound without his own defence but this was not admitted but the same Parson of Kells permitted still to go on and proceed in the said suite against your Petitioner onely to Issue and Examination of Witnesses by which means your Petitioner lost much time from his Calling and other Imployments and was enforced to expend great sums of money for his defence to his further trouble and vexation and dammage of 500 l. more That the Right Honourable the Earl Marshall of England on or about four yeers since procured His Majesties Letters and Licence for your Petitioners repair hither about his Lordships occasions which your petitioner caused to be delivered to one of the said Earl of Straffords Secretaries in Ireland his Lodship being then busie and not to be spoken with when your petitioner took the opportunity of a ship being then ready to set sail for England it being in the dead time of Winter and no other shipping expected to go from thence of a long time afterwards whereat the said Earl was mightily moved and enraged and threatned your petitioner and by his Lordships Letters then and otherwise since hath enformed His Majesty and others against your petitioner of foul crimes and misdemeanors whereof your petitioner is innocent and guiltlesse and for which your petitioner was committed to the prison of the Fleet and lay there restrained for a long time And thus the said Earl of Strafford hath drawn not onely His Majesties ill opinion and disaffection towards your petitioner but also the distast and ill conceit of many Noblemen and others who before time imployed your petitioner in their businesse and from whom your petitioner before then had countenance and good respect And by this means also your petitioner for this four yeers almost last past hath been kept from the use of his Calling and Profession and from the comfort of his Wife Children Fortune and Estate and spent great sums of money for the support of himself to his further dammage of 5000 l. more That in your Petitioners absence in England the Lady Anne Crosby Widow your Petitioners neer Kinswoman was stirred up to Petition against your Petitioners wife in Ireland to the said Earl of Strafford upon an Obligation of 2400 l. specialty conditioned for payment of 1200 l. with interest which was not then due nor untill a yeer after demand at which time also one Arthur Hill Esquire was also by recognizance and other good securities to pay then presently unto your Petitioners said wife for the use of your Petitioner 4540 l. Ster and more which your Petitioner had appointed to pay to others in Redemption of his Estate then in Morgage for so much money then to be also paid but upon the said Ladies petition without every making your Petitioner a Party and before that your said Petitioners wife was served to make any answer to the said Petition his Lordship made an Order upon the said Ladies Petition that your petitioners wife should answer the premisses and that in the interim the said Arthur Hill should stay and retain in his hands of your petitioners money 1200 l. whereawith to pay the said Lady and afterwards the said Lady the second time petitioned the said Earl to have the said 1200 l. out of the said Master Hills hands and to have your petitioners wife restrained from coming over hither to your petitioner And then albeit your petitioners wife answered the said Ladies petition and did thereby shew good cause why the said Lady ought not to demand the money and prayed to be left to the Law yet the said Lady so far prevailed therein that she gained the said money with interest and dammages for the time she caused it to be deposited in the said Master Hills hands against all Law or Equity and had not some other provision been made for payment of the Morgage money your petitioners Estate had been under a Forfeiture and in great danger to be lost All which extrajudiciall proceedings and grievous oppressions done unto your petitioner by the said Earl of Strafford to your petitioners utter overthrow and undoing and against the common and ordinary Rules of Iustice in His Majesties Realms of England and Ireland he humbly beseecheth this Honourable Assembly to take into consideration and do therein for your petitioners relief as in your great Wisedoms shall be thought fit And that because your petitioners Witnesses are many and some Noblemen and of great quality the most of them in Ireland whose charges your petitioner is not able to bear to bring personally before your Lordships hither to be examined in the premisses Therefore