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
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
by single Testimony And it appearing that there was sufficient matter in the Books fully to have convicted the Defendants guilty of the crimes laid unto their charge and was not Master Alexanders fault that they were not heard Thus far he leaveth it to be rightly considered how he was dealt withall in this Dismission with costs Besides as the case stood he conceiveth the matter extraordinary it was not in the power of the said Lord Coventry as upon ordinary dismissions and matters of form to have taxed any costs without an especial Order af the Court for which he had none And when you shall peruse the Order of Dismission which followeth and which was all the Ground and Warrant for taxing of this Bill of Costs if you shall be but pleased to remember what hath been proved before you will understand it to be the forerunner of the resolved ruine intended towards Master Alexander in that matter stufft with apparant untruths and making way for that which after followed The Order followeth In Camera Stell coram Concil lbid vicesimo quinto die Octobris anno secundo Caroli Regis THis day came to be heard the matter of Complaint here exhibited by Jerome Alexander Esq Plaintiff against John Yates John Lawrence Allan Lampkin and William Wacy Defendants for supposed Perjury Subornation of Perjury Inbracery of Jurours and threatning and terrifying of Witnesses which by the Plaintiffs Bill was laid to the charge of the said Yates onely Upon the opening whereof by the Plaintiffs Counsel at the Bar and reading the proofs on his part there appeared no sufficient matter at all to convince the said Defendants Lawrence Lampkin and Wacy or any of them of the said supposed offences or misdemeanours wherewith they every or any of them stood charged by the Plaintiffs Bill and therefore the Court hath absolutely dismissed and discharged them and every of them of and from any further attendance about the same Cause hereafter But as touching the said John Yates for the said offences of threatning of Witnesses there were read for proof thereof two Witnesses viz. Robert Warren Clerk and John Warren on the Plaintiffs part in the Deposition of which said John Warren taken in Court ot the nine and thirtieth Interrogatory as the Plaintiffs copie thereof read in Courts was the words that and did were blotted out and defaced and by that means the said Deposition was positive and absolute as upon the Deponents own knowledge whereas the said words that and did being not blotted out is but upon hearsay Which blotting out and defacing of the said words that and did in two severall places of the said John Warrens Deposition to the said 39 Interrogatory much misled the judgement and censure of his Honourable Court who condemned the said John Yates for that offence and adjudged him to pay one hundred Marks Fine to His Majesties use and to be committed to the prison of the Fleet. But in the Defendants copie of the said John Warrens Deposition to the 39 Interrogatory the said words that and did were fair written without any blotting defacing or interlining Which said Deposition of the said John Warren to the said 39 Interrogatory being shewed to this Honourable Court upon the rising thereof it pleased the same Court to take it into consideration and ordered that the originall Deposition of the said John Warren to the said 39 Interrogatory on the Plaintiffs part should be brought into this Court the next sitting-day to be seen and viewed by their Lordships and if the said words that and did were in the said originall Deposition fair written without blotting defacing or interlineation then this honourable Court would be pleased to dismisse the said Defendant yates and to discharge him likewise of any further attendance about the same Cause hereafter in the mean time the Court discharged the said John Yates out of the Custody of the Warden of the Fleet for and upon that Sentence at which next sitting-day viz. the 27 day of this instant October the original Deposition of the said John Warren taken on the Plaintiffs behalf upon the said 39 Interrogatory was brought into this Honourable Court accordingly and the same being seen perused and viewed by this Honourable court the sever all words that and did plainly appeared in the said originall Deposition to be fair written by the Examiner himself without any blotting defacing or interlining and so the said Deposition was upon hearsay and not of the Deponent John Warrens own knowledge This Honourable Court therefore conceiving they had no sufficient ground for the former Sentence have thereupon ordered adjudged and decreed That the said former Sentence against the said John Yates shall not be entred but that he shall likewise be absolutely dismissed and discharged of and from any further attendance about the same Cause hereafter Jo. Arthur Dep. Thomas Talbot of London Gent. doth depose That this a true copie of the Order above mentioned being examined by the Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche From all that hath gone before judge how and by whom that Hononrable Presence were then misled to sentence the said Yates as that Dismission mentioneth or rather if they were not more misled by the said Lord Keeper Coventry to dismisse the said Yates and clear him from a Sentence under which he was restrained upon such a bare supposition of an offence supposed done by M. Alexander nothing to the purpose never intending or minding the busines of his Master the Kings Majesty by all clear means to have supported and maintained the Sentence as he ought and whose duty it was to have given all encouragement to such as nothing for their own advantage but for the love of justice and good of the Common-wealth so spent themselves and their fortunes to bring Delinquents unto condigne punishment for examples sake that others might not dare so for to offend But he thought a worm soon crushed under foot and Master Alexander being then but new entred into the world and daring to question such a man as Master Godfrey son and heir to Richard Godfrey that famous Lawyer in his time of Lincolns-Inne but a Popish Recusant and his son being allied and befriended in that Countrey where your Petitioner dwelt to all the great ones it is no hard matter for any man to believe and for that reason to conceive that Master Alexander could not want adversaries Besides it was a fault in those times to be too forward though in zeal to justice and for the good of the Common-wealth if such a man were toucht upon and when such as Master Alexander that would not comply with the times t was high time to take occasion to rid them out of the way But observe this untruth alleadged in the Order To begin withall it saith The words that and did were blotted out in two places of the copie of the said John Warrens Deposition which they alleadge not in
Fol. 6 in the Sentence It is an old Proverb Admit one errour and a thousand will follow If one sheep breaks over the hedge all the flock will after You have heard with what untruths this Sentence thus far hath been stufft out withall before to make out something of nothing if it had been possible to make this Sentence seem foul and Master Alexander seem odious to all that shall know nothing more but the reading of it and so shall it appear to be as unjust in that which follows But what this Cook should be that hath no Christian-name I am not able to imagine Sure he is filius nullius filius populi or of some spurious Brood that hath nothing but a blank left for his Sirname and his Christian-name set at the later end He cannot be a Cook by Profession sure and a Gentleman although by the slovenlinesse of his carriage in this action he shews himself no better So that what this Cook is it is yet to be understood but be he what he will or what he was that made such an Oath I must tell this Gentleman he hath much forgotten himself and hath much more wronged his conscience as much as they who did him the discourtesie to bring him into the open Court to make such an Oath so directly contrary to the truth and took from him the honour to have it made a Record for otherwhere it is not found registred in that Court but in the Record of this Sentence And because it is not said wherein Master Alexander was found thus very foul in his own Cause c. and that it was in some such thing for which he was bound to his good behaviour by Master Justice Dodderidge then Judge of the Assize be pleased to peruse the Certificates following and then judge of the truth of this Deposition I Have searched the Book of the Clerk of Assizes for the County of Norfolk from the tenth yeer of King James untill the third yeer of King Charles and do not finde in all that time that Jerome Alexander was bound to his good behaviour 23 February 1641. Jasper Waterhouse Deputat Cler. Assiaz ibid. Thomas Talbot of London Gent. doth depose That this Writing is a true Certificate of the matter therein mentioned received from the hands of the said Master Waterhouse my self first making search with him in the Books therein mentioned Jurat 5 die Maii 1642. Ro. Riche And lest it should be thought that this Gentleman Master Cook was but a little mistaken and that it was at some Sessions of the Peace in the said County where Master Alexander was so bound unto his good behaviour give leave therefore to satisfie him and the world in that also by this other Certificate of the Clerk of the Peace in that County as it followeth 4 dir Martii 1640. UPon search of all the Sessions-Books from primo Jacobi till tertio Caroli I do not finde in all that time that Jermoe Alexander Esq was ever bound either to the Peace or good Behaviour And this I shall be ready to approve by the said Records whensoever it shall be required Edmund Anguishe Cler. pacis Com. Norf. And that it may appear there are no more or other Affidavits made in that Cause upon Record in the Court of Star-Chamber then what hath formerly been herein remembred be pleased to cast your eye upon this other Certificate following which will satisfie that for truth In Camera Stell decimo septimo die Apriliis Anno decimo septimo Caroli Regis IN the Cause wherein Jerome Alexander Esq was Plaintiff in this honourable Court against John Yates and others Defendants I finde that in Michaelmas Term secundo Caroli Regis there were but two Affidavits made in the said Cause the one by the said Master Alexander bearing date the 26 of October and the other made by one Charles Bagshaw of Bernards-Inne London Gent. bearing date the 14 day of November Ex. per Aylwry Thomas Talbot of London Gent. doth depose That this Writing is the same Certificate which was delivered to me by Master Aylwry Officer whose name is thereunder subscribed Jurat 5 die Maii 1642. Ro. Riche And thus you have an Accusation without a Witnesse and a Witnesse without a name and both without truth But by this time Master Alexander doubteth not but the Reader is satisfied of this Gentleman Master Cook his grosse mistake not to call it otherwise And Master Alexander in this case doth also appeal to all men if it were possible for the most innocent man alive being thus dealt withall or howsoever to be free from destruction when the Pale of the Law was thus broken down and all things admitted to enter without form or truth to confound him that was but ooked upon with an evil eye as averse unto those times and suspected might prove hurtfull to their designes and when that power of dispensing the Laws for protecting the innocent was put into the hands of those which wrested it to their own ends for the very oppression of the subject but Master Cook hath done herein as Nebuchad-nezzar told his dream He tells his wise-men that he had a dream but never tells them what it was But some will say There was not so much smoke but sure there was some fire and therefore though this Master Cook hath missed the Cushion yet there lies some Pad hid in the Straw which if it could be discovered and found out would happily make out something which Master Cook drives at Therefore Master Alexander hath made a strict scrutiny into himself if possible to finde out this man and his meaning and saith That he cannot remember what this Cook should be or what this matter should mean if not this About the seventeenth yeer of King James his Reign there was then one Thomas Cook a young man who by one Master Thomas Clowdsley sometimes an Attorney in the Court of Common-Pleas his father in law was put unto Ryce Gwin Esquire after Serjeant at Law dwelling in the same Town with Master Alexander in Norfolk to be one of his Clerks with whom this Master Cook continued for some time And so it fell out that in this time of their neighbouring together Master Serjeant Gwin conceived some causlesse displeasure against Master Alexander and waited but the opportunity to be revenged Master Alexander in this time had purchased from a kinsman of his one Master Thomas Plandon as much land as came to 600 l. or thereabouts for which he had given severall Bonds for the payment of the money in time But Master Plandon afterwards being desirous to travell beyond the Seas intreated ready money and compounded to rebate for the time to be supplied with the main Sum presently Whereupon they concluded and Master Alexander paid him the money But because the Bonds were not in Master Plandons hands for the present he gave Master Alexander a particular Acquittance for the same debt at first and not long after
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
to grant unto your petitioner that a Commission may Issue forth to such fit Commissioners to be named by your Lordships for taking and returning of their Examinations as in your great Wisdoms shall be thought fit and that such as are now in Town may be directed to be presently examined and that your petitioner may have your Lordships Order and Direction for fearches withall Secretaries and other Officers whom it may concern for Authentique Copies of such Records and Writings as any wayes do concern the premisses And further to grant your petitioner that priviledge That he may freely go and come about his businesse without the molestation and trouble of any And your Petitioner shall pray But the said Earl being executed for Treason ended Master Alexanders Complaint and so left him and all others that had petitioned against him without remedy or relief And least Master Alexander also might be thought to have let this matter of his Sentence rest without question or desire therein for to be purged there being an opportunity now given by the sitting of this Parliament to redresse such Injuries he no sooner came home and returned out of his Travels but he likewise presented his petition to the Honourable Lords in Parliament for the review and reversall of this so unjust and erroneous Sentence the Tenour whereof followeth To the Right Honourable the Lords Spirituall and Temporall in the upper House of Parliament Assembled The Humble Petition of Jerome Alexander HUmbly shewing That in Michaelmas Terme in the second yeer of His Majesties Reign your petitioner brought a Cause to hearing wherein he was Plaintiff against one John Yates and others Defendants in His Majesties Court of Star-Chamber for Perjury and subordination of Perjury Imbracery terrifying of Witnesses and other like foul offences and misdemeanors in the said Bill of Complaint appearing At which hearing the Deposition of one John Warren taken in the Proceed of that Suite was read against the aid Yates to convince him of the terrifying of Witnesses onely and upon reading of another Deposition of one Robert Warren Clerk to that point the Court was satisfied of the guilt of the said Yates of that offence and thereupon pronounced a sentence against him for the same And as to the other charges of the said Bill nothing was read or enforced for the Perjuror being dead before the hearing though the Perjury and Subordination were fully proved within the Books yet for that Cause did not your Suppliants Counsell presse any Testimony to enforce that accusation of Subordination against the said Yates which was indeed the main thing whereof your petitioner complained in his Bill And your petitioner saith That a sentence being pronounced against the said Yates as aforesaid and the Court then proceeding to other businesse your petitioner departed and afterwards when the Lords were risen whilest yet they were in the inner Star-Chamber the then Lord Coventry Lord-Keeper was enformed That in the Paper Copy of the said John Warrens Deposition the word viz. that and did were stricken out with a Pen in the said Copy and not read in the said Deposition at that hearing which as it was informed altered the sence of the Deposition and made it to be positive and direct which otherwise was doubtfull and uncertain And then that the said Yates stood convicted but upon one single Testimony whereupon the said Yates was instantly discharged and dismissed with an 130 l. costs adwarded against your petitioner or thereabouts This Oblituration of the said words was observed at the hearing of the Cause in the hands of one Henry Nevill your petitioners Solicitour in that Court when he read the Deposition but then was not informed to the Court which had been the proper time but was omitted of purpose as your petitioner conceiveth That afterwards your petitioner might not enforce any other Testimony or matter which he then might and could have done sufficient to have convicted the said Yates guilty of the said offence and for to have cleered your petitioner from that accusation as that a businesse might be made of it to ruine and undo your petitioner as the sequell proved And it being observed that the Lord Coventrey late Lord-Keeper then appeared therein against your petitioner he could not afterwards procure his Counsell further to presse any thing against the said Yates to maintain that Charge and continue the Sentence against him pronounced or that might clear your petitioner from the said offence and accusation And the same being called into question and examination albeit your petitioner did thereof sufficiently purge himself upon his Oath and otherwise and did truely lay the fault where the blame ought to lie upon the said Henry Nevill who was the doer of the Fact and albeit nothing was or oculd be proved or made to appear against your petitioner to the contrary of that he made to appear for clearing of himself yet the said Nevill being a Member of that Court and therefore favoured all that might be possible the matter was so carried that in your petitioners absence out of Town about his necessary affairs the same was made the onely proof of his guiltinesse which being endeavoured to be fortified with severall meer Inferences and Suppositions and mistaken Observations from your petitioners countenance and supposed personall behaviour in the carriage of himself pressed beyond all indifferent interpretation and the truth it self and upon some other extrajudiciall matter enforced also against your petitioner without any ground and against the Forms and Rules of the ordinary proceedings of that Court a conclusion was drawn from these false premisses to charge your petitioner with that offence and thus your petitioner was fined to his Matie in 500 l. and 50 l. was adwarded against your petitioner to the said Nevill for dammages and your petitioner was further adjudged never to use again his Profession and Practice of an Utter-Barrister at Law eitehr publikely at the Bar or privately in his Chamber and to remain committed to the prison of the Fleet And before your petitioners enlargement it was further adjudged That your petitioner must at the Bar of the said Court in humble and submissive manner acknowledge the same to be his offence whereof he was innocent against God and the Court and to shew himself very penitent and sorrowfull for the same and withall was left and declared to the Society of Lincolns-Inne whereof he was a Member as unworthy to live in the Society who thereupon was expelled the house his Chamber seized and disposed of And thus in an instant of time your petitioner was made more miserable then if he had never been born And all this done with so high a hand that by this means your petitioner might be utterly deprived of all support and disabled ever to look up into the World again either to seek for help or relief againsT this extremity or to maintain himself and Family by any course of life to which he had been
and how could I be safe to have had such men as these to mine enemies whose malicious conclusions concerning me have been like those of Logick ever following deteriorem partem but that Rule ought to be straight that squareth other things yet if they could but snatch a shadew or shape a surmise of evill in my actions of a molehill they have made a mountain and raised a scandall where there hath been no cause knowing that the least blemish mars a Dyamond and yet in the midst of all these clamours and loades of slander this hath born up my heart God knows my works and though ignorance and malice heretofore hath set upon my skirts and censured me yet God I hope will at one time or o ther put them forth with the Coment of my honest and just meaning Psal 37. 6. and dealing upon them and not as heretofore tortured and drawn with false expositions of mine adversaries and that which quieted Jobs spirit in the midst of all the mis-apprehensions of his friends hath ever been and shall be still my comfort Job 16.12 Behold my witnesse is in heaven and my Record is on high Act. 12.2 But Festus to do the Jews a pleasure will leave Paul bound Herod and Agrippa kill James and imprison Peter under the custody of 16. Souldiers and so the ungodly for his own lust doth persecute the poore Act. 25.2 Vp Lord disappoint him and cast him down and deliver my soul from the ungodly Psal 10.2 6. which is a sword of thine that the men of the earth may no more oppresse for when my foot slipt they rejoyced greatly against me and though we cannot expect but that we must shift our garments Psa 17.3 Psal 10.18 Psal 38.16 and sometimes weare sack-cloath yet Lord set my heart in tune whether to Lachrimae or Hallalujahs and thus you my see the discouragement and discountenance that I have had in this world that if any man hath but chanced to favour me I have been spoken against as when Christ called Zacheus Luke 19. the people murmurring said He is gone to be a guest with one that is a sinner but a Carping humour is a signe of a wek judgement afflictions you may perceive then have followed me as Jobs messengers before the first was dispatched there appeared a second before that was ansered a third followed like Ezechiels Prophesie Ezek. 7. mischiefe upon mischiefe and rumour upon rumour but 't is too late to mourn when the chance is past howsoever though few faire dayes have been in my Calender yet let him that stands take heed lest he falls for the Hawk that trusts too much unto her wings if she soar too high may so be lost that gazeth to catch a star too my easily fall and let not men be too bold to play with other folks noses least perchance thereby their own be taken by the end for he that sets his neighbours house on fire must take heed least he burnes his own for whoseoever will speak and do what he list is like to have and hear more than will please his humour 't is hard to cover smoak but it will burst out the tongue will bewray the intentions of the heart and thus we shall know how the clock goes by the striking of the Bell and if then being forewarned we be not forearmed against the ensuing danger there is no man will pitty him that in such case shall groan under the burthen I have in my time met with all kindes of opposition but with no wrath and cruelty like that which hath proceeded from weaknesse and cowardize having had either jealousie advantage or despaire to set it on and yet those which as the Prophet speaks do break mens heads with oyle make a poyson of their own merits to kill them with praises are bad enough that love not to have their bad meanings and actions to be found out as those also which being displeased with Mordecai think it a scorn to lay hands on him alone and therefore his whole Nation must suffer with him with Seianus the storme must light on his family and friends aswell as on himself and hatred is so overflowing a passion that it will sometimes rather strik a friend too then not to reach an enemy as Darius pereat cum inimico amicus let my friend rather perish with mine enemy then that mine enemy escape by my friend and yet again there is scarce a more hatefull quality in the eyes of God and man then that of the Herodians to lye in waite to catch an innocent man and then for to accuse him and such I have had to deal withall unlimited desires also will repine to see another have that which himself wanteth as Dionysius the Tyrant did punish Philopenus the Musitian because he could sin and lato the Philosopher because he could dispute better then himself but Nemo repente fit turpe no man becomes bad upon a suddaine for a man may shoot and misse the mark and yet sot his ayme as straight as he that shoots and hits the white desire makes us what we are and affection when it doth expresse its desire is to be considered though by chance it misseth to do what was expected Apelles was no good Painter at the first 't is tract of time that makes things to appear as they are indeed the Juniper is sowre when 't is a twig and sweet when 't is a tree I but saith my adversary if his innocence had been such as he makes shew of why then hath he not in all this time put the matter unto tryall to purge himself you shall perceive by that which follows that I have neglected no oopportunity to bring this gold unto the touch-stone my disaster hath been onely in this that the publike affaires of the kingdome would to this houre never admit me so much leisure for the examination of this particular that I could procure it to be heard besides that in all this time I have not wanted those that have done me many ill Office in this matter and that wish it never ended but that still it may lye as a rod over my head or as a staffe to beat me withall upon all occasions behinde my back besides when fury doth rage and rave we say there is no putting of truth unto tryall for so to snuffe the candle were but to put out the light and every wise man knows the hen that cakles hath not alwayes layd will not beleeve every vaine report that comes aborad but with those wise Bereans are more nobler minded men then those of Thessalonica will first search and see whether those things be so or no so that though the Serpent Porpherious hath much poyson in him yet wanting teeth can do little hurt and therefore as David said concerning Sheimei Let him alone It may be the Lord will look on my affliction 2 Sam. 16 11.12 and requite good for his cursing this
after the Sentence 1 That the Fine was passed under the Great Seal to one Master Humfrey Fulwood then Master Secretary Cokes servant and the greatest part of it paid without such Instalment as is usually allowed of course in such cases 2 That by means of the late Lord Coventry then Lord Keeper of the Great Seal of England his great advesary and of the late Earl of Strafford as ill affected to him His Majesties Grace and Favour for pardon being then all the means left to give him being in the world was continually interrupted and kept from him that by many yeers sollicitation of hisfriends in his absence in Ireland and of many noble Personages at Court it could not be obtained And when at length his father in law with much ado prevailed with His Majestie for it yet the said Lord Coventry so prevailed with His Majestie that he caused a Condition to be inserted in it That he should not have liberty to use his Profession here in this Kingdom to put him out of all hopes of returning well knowing that he was resolved to question his injustice whereof there needed little other proof then the very Sentence it self Then to make good these Exceptions I shall take the Sentence asunder and in Parts and so proceed to shew the apparant Injustice done to Master Alexander by it and the Errours and Irregularity thereof 1. THis day came to be heard by special Order of this honourable Court of the 10 of this instant November a very foul Offence Practice and Misdemeanour of the Jerome Alexander an Utter-Barrester at the Law and late Plaintiff in this honourable Court against John Yates and others late Defendants which Cause was heard in open Court on the 25 of October last At the hearing of which Cause the main wherewith the said Yates stood charged was The threatning and terrifying of Witnesses which the said Alexander was to produce ac a former Triall of Nisi Prius in the Countie of Norfolk between him the said Yates then Plaintiff and the said Alexander then Defendant Sentence fol. 1 In this first observe The Sentence is given so soon as 't is begun and before any matter shown to prove the Fact Master Alexander is pronounced guilty of a foul Offence Practice and Misdemeanour according to that Rule of Matchiavil who adviseth to cast dirt enough in the face and some will stick to scandalize with many Reproaches and the party though never so innocent shall not go away without some stain in his Reputation Nor was the said Yates his threatning and terrifying of Witnesses therein mentioned the main wherewith the said Yates stood charged in that Suit wherein Master Alexander was Plaintiff against the said Yates and others Defendants as the said Sentence unjustly recites but the said Yates in that Suit was likewise charged with Subnornation of Perjury and Imbracery as well with that Charge and which stands proved against him in that Suit To make this appear you shall understand that in Easter-Term 19 Jacobi Master Alexander preferred his Bill of Complaint in that Court of Star-Chamber against Owen Godfrey Esquire for Perjury John Yates for subornation of Perjury and for embracing of Jurors and for tampering with and terrifying of Witnesses and against Allan Lampkin William Wacy and John Lawrence Jurors by Yates embraced The Bill sets forth that About the the 30 of April anno 14 Jacobi Master Alexanders father then deceased did together with one Edward Olifer and for his onely Debt cause three Writings to be made purporting Writings obligatory with penalties of 10 l. apiece mentioned to be conditioned for the payment of 5 l. apiece to the said John Yates at three severall days which being written subscribed and sealed by the said Olifer and Master Alexanders father were delivered into the hands of one Christopher Kirby with him to remain as Escrolls with this intent That if the said Yates should deliver up into the hands of the said Kirby one Obligation of the penalty of 40 l. conditioned for the payment of 24 l. wherein the said Olifer stood bound unto the said Yates to be cancelled that then the said Christoper Kirby should deliver the said three Writings into the hands of the said Yates as the Acts and Deeds of the said Olifer and of Master Alexanders father or otherwise not And further set forth that the said Yates did never deliver up the said Bond of 40 l. into the said Kirby's hands to be cancelled but refused so to do and therefore the said three Writings remained as Escrolls and void That shortly after the said Kirby died and after his decease and after such time as the money was to have been paid if the said Writings had taken effect the said Yates by some sinister means gains the said three Writings into his hands and putteth the same in suit against Master Alexanders father as if they had been his Deeds who pleaed this especial matter and concluded non sunt facta Whereupon issue was joyned but before the Triall Master Alexanders father died and made his said son his sole Executor who proved the Will and after Yates commenced Suit against him as Executor to his father upon the said three Writings to which Master Alexander pleaded the same plea as his father had done before And issue being joyned the said Yates had three severall times taken out the Record of Nisi prius and warned Master Alexander to a Triall which he attended to his extreme charge but still Yates durst not trie it Then Master Alexander took forth the Record to trie it by Proviso when the said Yates had secretly taken the same Record out also And now assuring himself that Master Alexander would be secure first before the said Assizes the said Yates the more for to colour over the matter laboured to have the differences put to arbitration which being condescended unto the Arbitratours met and heard the differences but did make no end and presently afterwards Yates endeavoured to have stollen a Triall of the said Cause before Master Alexander and his Witnesses should have come to Town where the Assizes were kept and the said Yates accordingly procured the same Cause to be called upon within an hour or two after Master Alexander came to the Town altogether unexpected to Master Alexander and the Cause so coming to a Triall and the Issue being Whether the said three Writings were delivered as the Deeds of the said Olifer and Master Alexanders father absolutely or as Escrolls Master Alexander produced five severall Witnesses those whose names were subscribed as Witnesses to the said Writings as others also present at the making and delivery of them to Kirby and one of them being a reverend Preacher and the maker of the Writings and the rest Gentlemen of good rank and quality all which proved fully and clearly that the same three Writings were delivered as Escrolls in such manner as Master Alexander had pleaded Against which Yates did produce the said Owen
done him The truth is Master Alexander went then to Jones his Studie in Grays-Inne being his Attorney thinking to have had the Sentence drawn up against Yates not suspecting any such action to have fallen out in the interim after the hearing of the Cause where he found these two Attorneys Jones and Hooker together consulting as it doth seem by the sequel of their actions how they might fasten this miscarriage upon Master Alexander and Master Alexander desiring to have the Sentence drawn up against Yates they told him It could not be and then expressed the Reason which as it was sudden and unexpected so it could not but drive him into wonder and admiration which rather expressed his innocence then any ways declared his guilt to which purpose they endeavour to wrest it And the Books and Breviats having lien above three yeers before ready and prepared for the hearing unseen by Master Alexander to that time for nevile his Sollicitour had them in his custodie a long time together before the hearing and managed them in Court and whether the Charge be true or false Master Alexander must onely take it upon their credit for he was never admitted to see the Book in which this Charge is mentioned to be done to this hour albeit he hath diversly endeavoured for to attain that favour and justice Nor maketh it for their purpose if his Answers were doubtfull to their Question of whom he had the Books for the memory is not always so trusty and ready that upon such a sudden surprisall it can resolve the Demand it must be a work of Recollection that pofitively determines of things so long before-hand acted Nor was it materiall from thomsoever the Books were received and in that time of necessity they must passe many times from hand to hand to make such preparation out of them as were fit to be made use of by Counsel and other2ise at the hearing all which was done immediately after publication above three yeers then before But the matter was Who committed that offence which Jones and Hooker were thus conspiring together how to fix upon Master Alexander and therefore laboured to entrap and entangle him in his talk which no fair practiser I had almost said No honest man would have endeavoured against his Client nor no Attorney that had respected his credit where his credit was no more concerned in it then Master Hookers Then as for their going all together into the Examiners Studie to view the Record if it were so shews that all parties were doubtfull how the Deposition stood What inference can be then drawn from thence by any in different judgement in the least therfore to suspect Master Alexander guilty of this Accusation but serves to excuse him rather that thus laboured to be truely informed the first how it should come about and that Master Alexanders first vows and imprecations as they are pleased to call them passing in their discourse together when they thus lay in wait to have intangled him in that conference if to be so as they alleadged which was never confessed or proved by them and that matter which Master Alexander hath at severall times declared upon his Oath for his own acquittall are not so contradictory diverse or usefull to their cause that any thing can be drawn from thence to make good the charge against him And when that Point shall come to be cleared which is further contained in the Sentence concerning it and which Master Hooker hath deposed Master Alexander shall give it a satisfactory answer The Spirits of the men too may be observed in this their Relation towards Master Alexander how far they are transported even with contempt to his person and quality standing in an equall degree with them every way both in Birth and Fortune that hath no so much addition given him by them as is due to a Gentleman whiles themselves are carried thorow with additions that become men of rank and estimation 6. YEt afterwards the said Alexander desirous and plotting how to excuse himself of defacing and blotting out of the said two words that and did out of the copie of the said Deposition and to lay and fix it upon the said Henry Nevile one of Master Jones his Clerks on the morrow after being the 26 day of October last came into the Star-Chamber-Office in Grays Inne and before Matthew Goad Esquire Deputy-Clerk of this Court being sworn upon the holy Euangelist did make a voluntary Oath and Affidavit That he having retained Master Jones for his Attorney and Henry Nevile to take care and sollicite his said Suit and the Cause coming to publication the said Nevile undertook to procure for him the said Alexander the copies of the said Depositions taken in that Cause and for that purpose not onely receivedy the Fees and Duties for such copies as he had procured for him the said Alexander but likewise had extraordinary reward and satisfaction for his pains therein and that he said Nevile went with him the said Alexander to the Examiner Office of this Court and there procured other copies of Depositions belonging to this Cause which were delivered to the said Alexander in the presence of the said Nevile amongst which was contained the Deposition of the said John Warren That done he repaired with the said Books to Master Hudson being of his Counsel to be advised and to peruse the same Depositions All which Depositions being perused accordingly aswell of the said John Warrne as to the rest and his said Counsel concerning the said John Warrens Deposition to the 39 Interrogatory to be something doubtfull he made a mark in the margin thereof and wished the said Alexander for his better satisfaction to go and get the same examined in the Office to see if the same Deposition were truely copied And that accordingly the said Alexander repaired therewith to the said Nevile and informed him what his Counsel had directed for examining the copie and the said Nevile took the said Deposition of the said Alexander and carried it to the said Examiners Office but the Examiner not being within the said Alexander did leave the said copie of the said Deposition with the said Nevile to be examined promising him satisfaction and content for his pains And shortly after the said Alexander called unto the said Nevile for the same who told him that he had examined the said Warrens Deposition in that point with the original and that he had then made it to agree with the Record and so delivered the same back again to the said Alexander with the two words that and did rased out in the said John Warrens Deposition as now it was in the said copie and after that the said Alexander protested upon his salvation That the said sever all words that and did were in the said Warrens Deposition fair written when he delivered the same into Neviles hand and that the said words were rased and blotted as they then were when he received the
bred Which when your petitioner understood and not before he was enforced then to leave his Countrey his Wife Children Friends and Profession too which he had acquired with the expence of his whole Patrimony and the whole Study of his life then before Nor had your petitioner being thus exiled setled himself for any long time but the malice of his adversaries so vehemently pursued after him That the said Fine was begged of His Majesty and passed under the Great Seal to hinder any possible Installments or Composition for the same but what they Grantee thereof pleased And further to forestall your petitioner by any addresses to be made to His Sacred Majesty for pardon of the residue of the said Censure it being the onely way then left unto your petitioner till this happy opportunity to gain your petitioner so much as a Being in the World His Majesty being so strongely informed by the late Lord Coventry Lord-Keeper and others against your petitioner for this onely Cause inforced to be so Capitall That your petitioner was not a man worthy or fit for His Majesties Mercy yet your petitioners Friends out of meer Charity and Commiseration of your petitioners deplorable Estate discharged the said Fine of 500 l. to the Grantee and the said 50 l. to the said Nevill and the said 130 l. to the said Yates and yet your petitioner for this fifteen yeers now last past or thereabouts hath thus been debarred the use of his Calling and Profession in this His Majesties Realm And now humbly beseecheth this Honourable Assembly to take the same Sentence into consideration and to review and reverse the same and to proceed therein for your Petitioners relief as in your Wisdoms shall be thought fit with order and direction to all Officers and others whom it may concern to have Searches and Copies of all such Records and Writings as concern these proceedings And he shall pray c. Which being so preferred it was by their Lordships Order of the 12. of May 1641. And of severall other Orders made by their Lordships referred to the Lords Committees appointed for the Star-Chamber to be heard as the same Order and the rest ready to be produced will make appear Die Mercurii 12. Maii. 1641. IT is this Day Ordered by the Lords Spirituall and Temporall in the High Court of Parliament Assembled That the Petition and Cause of Jerome Alexander Esquire shall by vertue of this Order be referred to the Lords Committees appointed for the Star-Chamber whose Lordships are to meet and consider of the said Petition on Munday the 17. of this insTant May by two of the Clock in the Afternoon in the Painted Chamber And all Parties formerly appointed to attend the said Cause are then to appear before their Lordships Joh. Brown Cler. Parliamentorum Then that it may appear with what earnestnesse Master Alexander pressed the hearing of this Cause and to make all prepration for it having formerly lost all his Papers and Copies of Bills Answers Depositions and proceedings in that businesse By the favour of the Honourable Lords he also gained the ensuing Order and by that had the favour to procure the same with more speed But for all that the said pleadings and proceedings cost him much money IErome Alexander hath Petitioned the HOuse to review and reverse a Sentence given against him in the Court of Star-Chamber in Michaelmas Terme in the second yeer of the King all his Witnesses concerning that businesse are casually lost Prayes the Order of the House to all Officers whom it may concern to make searches and to take Copies of all Records and Writings in their severall Offices such as he shall think sit And that for the reason aforesaid That he may have liberty to write them himself without paying any Fees And that Master Henry Jones one of the Atturneys of the Star-Chamber be required to bring into Court the Paper Copy of one John Warrens Deposition taken in a Cause there wherein the said Alexander was Plantiff against one John Yates and others Defendants which is remaining in his hands and to deposite the same in the hands of the Clerk of the Parliament to be ready at the hearing for upon that Paper Copy the Sentence is grounded And that the said Alexanders Counsell may have a sight of it the better to prepare for the hearing All which being read and considered of by the Right Honourable the Lords Committees for the Star-chamber their Lorships do appreve thereof and Order accordingly Veneris 5. Martii 1640. Joh. Brown Cler. Parl. But the great and publique Affairs of the Kingdom encreasing and growing every day more and more albeit Master Alexander did labour all the wayes and friends he had for to have gotten his said Cause to have been heard yet could not procure it So that after almost a yeers attendance about it with no effect he was enforced to forbear the further solicitation of it for a time and made his repair over unto his Estate and Family in Ireland from which he had been absent above four yeers and a half before constrained by the Earl of Strafford as aforesaid where he had not continued above five weeks space or little more but thta horrid Rebellion there brake forth Master Alexander being then in the County of Meath not aboe 24. Miles distant from the City of Dublin or thereabouts and within the Pale little sulspecting any such danger and whereas the Tragedy should have been acted at Dublin the 23. of October 1641. Which blessed be that good God which so miraculously prevented it upon the 24. day of October 1641. There was an attempt made upon Master Alexander to have surprised him his wife and family which had assuredly been his destruction and was the immediate finger of God that preserved them And albeit he escaped with his wife and family the most of them with their persons yet did the said Rebels both there and in other places of that Kingdom then instantly seize upon a personall Estate of his in Goods Chattels and Cattells to the value of 6000 l. or thereabouts and possessed themselves of a reall Estate of his in Lands which yeelded him above 1000 l. per anaum all which they shared and devided amongst them and do possesse to this day Thus then you may perceive into what sad a condition and distresse Master Alexander was brought again upon a sudden being dispoiled of his whole Estate and Fortune and by reason of the troubles both here and there out of all hope or expectation any way to acquire any livelyhood and subsistance for himself his wife children and family yet in this great straight chose rather to come for England then to remain there where he perceived he could neither do good for himself or the Countrey and being come over that good God who hath hitherto never forsaken him in his greatest troubles did so move the hearts of his friends and acquaintance that they gave present supply unto his