with Athalia you shall have him crying treason treason when himself is the greatest Traytor and like a mad dog you shall finde him as angry barking at the Moon which he cannot reach at him that 's above him and doth but crosse his humour as at that man whom he gets presently by the shins and cannot withstand his fury like the Raven you shall have him no longer to stay in the Ark then he hath need of Noah for his own ends be will shake each man by the hand and like wax will be pliable to every Print the sparrows feather serves him as well as the Swans without check he passeth over his own faults but doth laugh at all others sinnes and like a child seeing his visage in a glasse thinks it another babye like thunder when he makes the greatest clap he lets all but a little stone his discourse commonly ends in a lye like a light vessell that 's unballanced he rises and fals with every wave oderunt quos metuit first he hurts and then he hates and ever after he lookes upon them as guilty of that shame and sadnesse which in the sin he hath contracted and thus makes hatred an Apologie for wrong and out of the narrownesse incapacity and Antipathy of his owne minde he fals to an under-valuing of persons even to their non entity and existence as things utterly unusefull because he sees not what use himselfe can have of them herein discovering as much absurdity in so peremptory a dislike as a blind man should do in wishing the sun put out not considering that he himself receiveth benefit at the second hand from that very light the beauty whereof he hath no acquaintance withall he will insult over a mans sufferings and where he finds a Cowardly and faint resistance will domineer like a pig in Pease-straw and as a resty jade will then shew his tricks when he findes his rider fearefull to put spurs to his sides he will be sure to hold in with the Griffin and great Leviathan as knowing if he can compound with the Serpent he will soon crush the little Adders and yet with these he tyes but a Gipsies knot that is fast and loose at pleasure for as a Phisitian to his patient he will then give him over when he lyes a dying will leave thee when thou needst him most he sailes evermore with wind and tyde and never drinks in empty bottles non ad amissas h3 carves a peece of his heart to every one that sits next him because he would he thoght wise and yet is no better than froth which appears all above but is quickly gone and vanished into nothing though in the interim and mean time while the tale is telling as a blazing Comes he appeares more glorious than a fixed star like a Pedlar will shew what is in his pack though nothing but old fashions and brarded wares be in it he hath another trick amongst the rest too which he learned from a Curtezan that when he findes himsef faulty and likely to be accused for the fact he will be sure to cry whore first will jeer at honest women seek others where he lay himself that if it were enough for him to accuse there were none should be clear where he meets with a mean understanding and with one that holds him in esteem he brings this Pan into a fooles paradise who straightwayes thinkes to be made free in Wales for offering a Leek unto this S. Davy at his shrine he will never bid thee God speed unlesse he knows thou needest not to care for him Religion he useth as women use Soape onely to wash away suspition he museth as he useth will not endure to be pulled by the eares to hear that he hath any faults he is In Nettle out Dock a fickle fellow too will be found no where and yet will have his finger in every pye will give his verdict amongst the rest though he comes of himself uncal'd unto Councell and then all his Geese are Swans his Pìgeons are all white he thinkes he hath a Spirit of Prophesie and cannot erre and if Solomon were alive again he would vye with him which were the wisest man he hath a populer spirit which like a working Sea which ever breeds trouble in the Port so doth he make work where ever he becomes give him but preferment and he hath no equall this Parish Priest presently forgets that ever he was a Clark as Saul being made a King and Balaam a Prophet with Judas they are the worse foul stomacks turning wholsome food into gall and corruption put him upon businesse which he hath no minde unto and like a resty Jaae the more he is suprred the backwarder he goes if Ahab had a mid to go up to Ramoth Gilead he will be one of them will cry Go up and prosper if Ahaz will have such an Altar as is at Damascus 1 King 12.12 He shall finde him an high Priest that will do according to all that the King commands him if a Novelty will take the people he will be one of those will speake perverse things 2 King 16. to draw Disciples after him and with the Keilites a-gaine will give up David betray the best friend be hath to save himself Act. 20.30 with the Samaritanes he 'l challendge kindred of the Jews whiles their State flourisheth but will disclaime them again when afflicted will imbarke himself in the Churches cause in a Calme but with the Souldier in the Acts will flye out of the ship in a storm and although his Conscience be convinced of the right that he should do yet if any danger be in the way he will do as those amongst the cheife Rulers that beleeved in Christ yet because of the Pharisees dared not to confesse him least they should have been cast out of the Synagogue where he is to sit in Judgement he alwaies comes prepossest in opinion and like a Juror imbraced before hand resolv'd of his verdict before he heares the cause censuring before he sees and speaking evill of what he doth not understand he hath the yellow Jaundies in his eyes and thinkes all yellow that he looks upon prizes nothing that 's good because it suites not with his disposition he is provided ad omnia quare He hath for every bird a baite an Apple for Adam a wedge for Achan a Kingdome for Absalon an Office for Korah a Bag for Judas 1 King 22.6 a world for Demas a flattering Prophesie for Ahab can awe the tymerous with dangers claw and blow up the proud with titles bait the greedy man with hopes feed the discontented man with Complaints melt the compassionate man into Compliances and like a Camelian change himself into all Colours to advance himselfe in all conditions but how can he have a sweet breath that hath such rotten Lungs but this Ape though she hath some touches of a mans face yet is still known to be an Ape
hath delivered me out of the hands of the Egyptians and out of the hands of Pharaoh Exod. 18.10 11. for thus I know Psal 9.16 17 18. Rev. 15.3 Psal 31.26 1 Pet. 2.12 Tit. 2.8 the Lord is greater than all Gods for in the thing wherein they have dealt proudly he was above them and the needy shall not alwayes be forgotten the expectation of the poore shall not perish for ever in which assurance I shall still labour and by a good conversation strive to shame the Gain-sayer that he that is of the contrary part may so be ashamed in the latter end as having nbo evill thing upon just cause to say against me These are the mites I tender to your Corban the Turtles I have to offer at your Altar and having no better to bring I hope my good meaning shall supply the rest and if I have dwelt too long upon this Subject excuse me it being an errour of affection that in my own cause may thus haply mislead my Judgement and it being in my first entrance upon such a taske it is no wonder if you shall finde me to deserve your reprehension he may mar many an Instrument at the first that learnes Musick but S. Austin saith Non est multiloquium quando necessaria c. But the Judgement is and my self Yours JEROME ALEXANDER ERRATA PAge 3. line 49. read Interrogatories p. 7. l. 37. add they p. 8. l. 2. omit be ibid. l. 27. read excessive ibid. l. 47. read adversary p. 20. l. 20. read at ibid. l. 34. add as p. 13. l. 49. read Interrogatories p. 23. l. 2. read to ibid. l. 37. read that p. 25. in the Affidavit read is p. 28. l. 7. for his read this p. 28. l. 43. for 100. l. read 130. l. p 32. l. 4. for an read and ibid. p. 24. for into read unto ibid. l. 42. for me read one p. 33. l. 42. for than read that p. 35. l. 40. omit the p. 39. l. 39. for in read into p. 38. should be p. 40. l. 26. for the word for read from p. 41. add one in the title of certificate p. 50. l. 37. for agust read against p. 53. l. 1. add him p. 59. l. 7. for with read to p. 66. l. 42. for recount read account p. 71. l. 12. for these words an Act of Common Councell read an Act at Councell Table p. 82. l. 35. for they read the p. 83. l. 26. for all his witnesses read all the depositions of his witnesses p. 84. l. 25. for into what sad a condition read into what a sad condition p. 87. l. 26. omit to p. 100. l. 33. for us read as p. 109. l. 1. the first word read endeavoured p. 115. in the last line but one for both read but. Errata in the Epistle FOr oblation p. 2. l. 37. read obligation p. 3. l. 27. for wherein read whereon p. 11. l. 34. for receive read review p. 20. l. 37. for brarded read braided The Case of Jerome Alexander Esquire concerning a Sentence given against him in the Court of Star-Chamber the seventeenth day of November in the second yeer of the Reign of our Sovereign Lord King Charles Which said Sentence followeth in these words In Camera Stell coram Concil ibid. Decimo septimo die Novem. An. 2 Car. R. Domino Custod magni Sigilli Angliae Domino MANDEVILE Praesid Comite Bridgewater ROBERTO NANTON Mil. JOHANNE COKE Mil. uno Secretar Regis Archiepiscopo Cant. Episcopo London Capt. Baro Scācii HARVEY Justic de Comuni Banco THis day came to be heard by speciall Order of this honourable Court of the 10 of this instant November a very foul Offence Practice and Misdemeanour of one Jerome Alexander an Utter-Barrester at the Law Plaintiff in this honourable Court against John Yates and others late Defendants which Cause was heard in open Court on the 25 of October last At the hearing of which Cause the main wherewith the said Yates stood charged was The threatning and terrifying of Witnesses which the said Alexander was to produce at a former Triall of Nisi Prius in the Countie of Norfolk between the said Yates then Complainant and the said Alexander then Defendant for proof of which Offence and Misdemeanour against the said John Yates the said late Plaintiff Alexander produced onely two Witnesses namely Robert Warren Clerk and John Warren his brother whose Depositions were openly read in Court and the Deposition of the said Robert Warren was positive and direct of his own knowledge and the Deposition of the said John Warren was upon hearsay Yet the said Alexander for his own advantage had blotted out and defaced the copie of the Deposition of the said John Warren taken in Court unto the 39 Interrogatory on the said Alexanders part in these two words viz. that and did and delivered the same copie of the said John Warrens Deposition to the said 39 Interrogatory with the words that and did so blotted out and defaced as aforesaid to his Attorney in this honourable Court to be read in Court upon the hearing of the said Cause against the said John Yates which was read accordingly and by that means the said Deposition of the said John Warren was made positive and absolute as of his own knowledge and thereupon this honourable Court and all the honourable Presence here sitting were much abused and misled to give their Judgements and Opinions to sentence and condemn the said John Yates for that Offence of threatning and terrifying of Witnesses and for the same to fine him the said Yates to pay to his Majesties use 100 Marks and to be committed to the prison of the Fleet and the Warden of the Fleet had thereupon taken him into his custodie accordingly But upon the rising of the Court that day the Sollicitour of the said Defendant Yates shewed to the Right honourable the Lord Keeper the Paper-copie of the said John Warrens Deposition which the said Defendant had out of this Court wherein the said words that and did were fair written and stood in the said Deposition to the said 39 Interrogatory without blotting defacing or interlineation whereby it plainly appeared to his Lordship the said Deposition to be but upon hearsay His Lordship thereupon acquainted all the honourable Presence therewith in the inner-chamger and with all their Lordships consents respited the entrie of the same Sentence and ordered that the originall Deposition should be brought into the Court the next sitting-day to be perused seen and viewed by all their Lordships and thereupon to give their Order and Sentence and in the mean time the said Yates was set at liberty and discharged of his imprisonment Whereupon the Paper-copie of the said John Warrens Deposition being obtained by Master Jones being Attorney for the said Alexander in that Cause from his the said Alexanders Clerk that carried his Books was forthwith shewed by the said Master Jones to the Right honourable the Lord Keeper and other the Lords
same back again from the said Nevile the said Nevile shewing the same to the said Alexander and said That he had made it to agree with the Record And the said Alexander protested and affirmed That the same was not blotted out eithere by him or any other to his knowledge other then by the said Nevile as aforesaid And the said Alexander deposed that the said Nevile was entrusted with the care and charge of the said Cause and having taken upon him to draw the Bill and part of the Interrogatories and took upon him the managing and solliciting of the said Cause and over and besides what he had received he moved the said Alexander to promise him further satisfaction after the hearing of the Cause See the Sentence fol. 3. This being but the Recitall of Master Alexanders Affidavit first made for clearing of himself in nothing being yet alleadged thus far on in the said Sentence for to impeach it in any thing I shall say nothing thereof more till I shall finde it questioned and then will justifie it for the very truth against all opposition to the contrary whatsoever 7. AT which next Sitting being the 27 of October last according to the said Order was brought into this honourable Court the Record of the Original Deposition of the said John Warren taken upon the said 39 Interrogatory and was seen read and perused by this Honourable Court wherein the said two words that and did were fair written without any blotting defacing or interlineation and thereupon the said Master Jones made humble Suit to this Honourable Court that he might be sworn in open Court for clearing of himself of any manner of suspition or the least touch that might have been imputed unto him thereabouts who was sworn accodingly and upon his Oath delivered That to his utter most knowledge he never saw the Paper-copie of the said John Warrens Deposition before it was put into his hands to read at the hearing of the Cause the last Sitting before Whereupon all the honourable Presence openly pronounced the said Master Jones to be innocent and clear from the least suspition of being privy or consenting to the said blotting or defacing of the said copie Fol. 4 in the Sentence There hath been something said before concerning Master Jones his carriage in the particular of his thus offering himself into purgation being no ways accused But I see such wise men as himself may sometime over-act their own parts for if this be true that he hath sworn he hath shewn a great deal of remisse carriage in the managing of his Place and Office at least that would refer the care thereof onely to his Clerks and receive his Fees and do nothing for them But if it had been materiall I could have put him in minde that he had all the Books by him in his Studie one whole long Vacation which promise to have perused them and did affirm to Master Alexander he had so done and then declared his opinion of the proofs and some of the copies of the Depositions taken by Commission in the Countrey were copied in his own Office and his hand to the Examination But to let that passe as impertinent I hope he hath now recollected himself better in this time that he hath been an Oxford with his Majestie as Master Alexander is informed But to examine his carriage towards his Master the King and towards his Client Master Alexander in this particular in that time be pleased to cast an eye upon the Oath which the Attorneys of that Court whiles it was in being did take at their entring into their Offices and surely himself amongst the rest took it for me YOu shall swear well and truely according the best of your discretion to execute and perform the Office and place of an Attorney in his Majesties most honourable Court of Star-Chamber whereunto you are now admitted and shall bear and behave your self justly towards His Majestie and all His Highnesse loving subjects and suitours in the said Court. So help you God It was further also contained amongst the Rules and Orders of that Court concerning the Duties to have been performed by the severall Officers in their severall Places and amongst the rest That the Attorneys of that Court were to look that their Clients causes were duely prosecuted to the hearing without advantage and that if they should be pressed by any Rules or Orders which might prejudice their Clients in their causes they were to inform counsel to move the Court therein they were also to write the copies of all Bills Answers and of all Pleadings and Examinations taken in the Countrey by Commission for their Clients To prefer their Clients causes to hearing To read all Acts Evidences and Depositions before the Lords To urge for their Clients and after hearing To draw up Bills of Costs for his Lordship the Lord Chancellour or Lord Keepers Taxations and present them And whether Master Jones or Master Hooker have performed their Duties herein required either towards His Majestie or ther Court or Master Alexander by this prospective you may perceive them though at this great distance It is agreed he read this Deposition at the hearing for so it was his duty to do and had he then behaved himself justly towards His Majestie the Court and his Client when he perceived the said Deposition to be marked in the margin and so blotted in these words that and did if they were so as of necessity he must do if his eyes were matches had he then informed the Court thereof as it was his duty to have done and the proper time the most that could have followed upon it had been but the setting aside of that Deposition as uselesse and then Master Alexander could not have been denied to have made use of his other testimony to have more fully proved that Charge and by consequence the Sentence against Yates had been continued Master Alexander had not been destroyed nor had any prejudice happened to any man in the businesse Or if when after this accident had fallen out meerly through Master Jones his voluntary omission and the neglect of his duty if there were no more in the businesse then so and that Yates was censured yet then it had been a part of his duty in that case also further to have enquired into the main body of the Cause aswell to have maintained the said Censure against the said Yates for His Majesties benefit and the common good and justice of the Kingdom as for the clearing of his Client But he was you see so far from doing this as nothing appears in him to be done afterwards but a meer joyning together with Master Hooker and Master Alexanders adversaries to lay and charge this offence upon Master Alexander to undo him An Attorney worthy to be registred unto posterity for an example of fidelity in that wherein he was entrusted And were no Master Alexanders Witnesses now dead after this long time of that action
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
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
it is not he that telleth thee the truth that is become thine enemy but my comfort against this affliction shall be that which I have received from the Prophet Esay Not to fear the reproach of men neither to be afraid of their revilings for when they shall say all manner of evill against me falsly it shall be the cause of my rejoycing as the surety of a better reward and then to be reviled for being his Disciple though such shall say as for this fellow we know not from whence he is yet herein shall be my confidence the Lord knoweth who are his yea whiles the wicked shall be thus snared by the transgression of his lips the just shall come out of trouble at the last and when such a fool is said to lay open his folly he shall be beloved that speaketh right and now would not Rabanus tongue be clipt for telling tales and that like Joshuahs Spies brings an evill report upon the Land without cause you cannot make the Wolf and Lamb to love the Locust dies at the sight of the Polipus and I protest it is a miracle to me for to conceive that men so full of State and greatnesse should waste and consum so much pretious time from their more weighty and great imployments as once to foul their fingers or spend their breath about so poor and inconsiderable an object in their estimation and esteem and it were much more for the praise of their wisdome and for my ease and quiet I am sure if I might be so much beholding unto them as they professe that they would be pleased to let me alone to move among the stars that cannot attain to be as glorious as the sun but they know what it is to offer wrong to a Dove or sheep that will not resist again though pressed to death and I thank my God I have no ambitious thoughts for if I may but live to keep the Wolf from the door enjoy a competency to live after the way and manner in which I have been bred I professe seriously I look not after eminency and those great honours and preferments in this life which as Solomon saith are but meer burthens and nothing else Eccles 1.18 for that man can hardly be master of his passions that is not master of his imployments a mind ever burthened being as a bow alwayes bent which must needs grow impotent and weary so that our minds as our vessels must be unloaded if they would not have a tempest hurt them there being far more content to be found in a mean and poor Cottage than in a rich and stately Pallace Pro. 15.16 17. 16.8 poor quiet being the truest riches that as the fig tree though least beautifull and beares no flowers yet is far from thunder and tell me is not the dog more to be praised that hunts till he be spent amongst the bushes and bryers then he that onely can run at gaze and over the plaines and Champion fields and cannot endure that his tender skin should be scratcht there is no wooll so course but it will take some dye no creature that God hath made in vain and therefore I shall not think so meanly of my self as mine enemies would have the world for to beleeve of me untill more than words make the bargain for such vain speaking is but as a shot of powder without a pellet a great storm and nothing but wind for where there is onely a bare report to convince a man of an offence though Cato were the Author of the relation it will not be credited of wise men for all that he that justles another shakes himself and if he take snot the better heede may have his luck that rides a Colt with a naughty bridle to be quickly set besides the Saddle or as he that walkes in the dark which stumbles and catcheth an ill turn ere he be aware I have now almost eaten up my loaf unto the pin and cannot recall that stone which is already cast but if I were to begin my dayes again by that wofull experience which I have had of things I should weigh the scale a little better and make the ballance more even before I dealt out my commodities for opinion I see can travell through the world without a pasport but truth cannot do so for whom fame hath advanced lives uncontrol'd and when he stands still none must go forward and he needs must swim that hath Neptune for his guide whiles a strong brain without preferment must be deprest with despight as a dangerous creature and then to be lookt upon with wonder as the Sun in his Ecclipse and as upon the Moon in her Wain and if that will not serve the turn more wayes shall be found out yet to kill a dog than by hanging this man having an Art like the vertue of that River in Arabia that turneth dirt to silver and gold to drosse but 't is a blind Goose we say that knows not a Fox from a Fern-bush the man from the master by the Livery that he wears and though old trees do but live to gather Mosse yet gray hayres by a long experience can difference Brasse and Copper from gold and tell that though the first makes the greater sound and are heard farther off yet the latter is the more precious mettall But for the comfort of the upright in heart there can never be such an emptinesse in the creature Hab. 3.18 of those that do belong unto the Covenant of Grace but even then it is supplyed with fulnesse from heaven when it is least visible to flesh and blood as when there was no corn in Canaan Gen. 41.57 8.42 2.14 then Joseph unexpectedly sent before into Egypt had provided sufficient for his father and his brethren when they were ready to famish and Christ had meat to eate which his Disciples knew not of when they thought he was read to have perished for want of food so when David returned from Aphek to Ziklag and found it burnt with fire and his two wives and all that he had and the women and children of his followers taken Captives 1 Sam. 30. so that he and the people who were with him Esay 25.5 lift up their voyce and wept untill they had no more power to weep and that David was so distressed that the people spake of stoning him yet then he encouraged himself in the Lord his God 2 Chron. 20.12 and pursued the enemy overtooke them and rescued and took the whole prey out of their hands again and so was it in the case of Jehoshaphat when the children of Moab and Ammon came out against him to battell in multitudes when he knew not otherwise what to do his eyes were upon his God and he delivered him so that though the sun be hid in a cloud yet his glory and power is no whit diminished and it will appear and shine again and though the streames
be dry yet the fountaine is still the same and will fill the Channels that although in the winter of many infortunities there be neither leaves nor blos somes that do appear upon this tree yet whiles there is sap sufficient left in the root it will make both boughs and branches to flourish and grow green when the spring time of favour shall approach Acts 3.19 and when the times of refreshing shall come from the presence of the Lord no man knows so well where the shoe wrings as he that wears it a sturdy Beggar gets no almes because he will not acknowledge his wants but whatsoever my adversaries may report or other men think of my Estate I may not be ashamed to enforme my Necessities and to open those sores which may procure your Charity and herein I will not be found a Lyer let malice and the black mouths of detraction say what they can against it I have lost by the Rebellion in Ireland in personall Estate five thousand seven hundred sixty nine pound the particulars whereof I can make appear by the Oathes of divers which I have ready to produce upon occasion I lost the possession of a Mannor and two thousand Acres of as good Land Meadow and Pasture as any in the County of Meath there where I dwelt which was under a part of this stock of which I had a Lease for forty one yeeres of some and sixty one yeeres of another part of it and within those Leases had the Tithes of as many out Parishes as paid the whole Rent reserved and more and so I enjoyed the Land free And upon which I had built and otherwise improved it in which I expended above one thousand two hundred pound besides the scituation of the place for Markets and every accommodation whatsoever that no man could dwell in a more Commodious seat I lost the possession of another Mannor and of five thousand twenty two Acres of Land Meadow and Pasture by Surveigh all within a hedge being my Inheritance and Fee-simple Estate which did yeeld me in present Rent six hundred pound per annum or there abouts was never improved by reason of my absence here in England for four yeeres together upon the late Earle of Straffords persecution there is above one thousand five hundred Acres of this is as good Meadow and Meadowable Pasture as any is in that Kingdome two thousand Acres more of it is as good Wheat Land as Grain can be sown upon the rest good land to feed sheep upon that I am sure valuing the losse of my yeerly revenew in Rent but at one thousand pound per annum I am no Lyer let malice say what it can unto the contrary and all this taken from me by the Rebells the 24. of October 1641. the next day after that bloody and traiterous design was to have been executed at Dublin but God Almighty giving me my life for a prey and the lives of my Wife and Family being miraculously delivered from the Enemies surprize in the dead time of that night attempting it hath answered all these my losses and bound me to a perpetuall thankesgiving and acknowledgement thereof unto God for this deliverance I lost the use of my profession also by which I profited yeerly more than all the revenew of my Estate besides and for all this I shall not be ashamed to say with the Patriarch Jacob With my staffe I passed over this Jordan Gen. 32.10 by which I became those two Bands and being dispoiled of all this again as I went I returned in a disconsolate Estate yet with holy Job looking up unto heaven from whence commeth my help after this I had no sooner set the sole of my foot upon my Native soyle here again but I met with many Comforters and was offered a competent livelihood for my self and family to have absented this City but was disswaded to embrace those offers with promise of a sufficient supply if to plant here and assist the common cause and truely my affection to the service and the assurance I had for my subsistance was from men so eminent in places and authority that I had no reason to doubt of the performance but being once engaged God Almighty to let me see there is no dependance but upon himself alone tooke these men away and left me onely to awaite upon his Providence and having now served the State this three yeeres space and more here in severall Committees and otherwise to the best of my abilities you will see in the sequell of the Story what my reward hath been for all my labours and faithfull performances herein and I have been informed that some have not been ashamed to give out that I have gotten ten thousand pound in this time in these imployments which is a thing so grosse and noteriously false that all men that but understands what I have had to do will cry him down for a son of Belial that shall have such a fiction in his mouth I protest upon the faith of an honest man that I have not in this time had so much allowed me in the places and Offices wherein I have served for Salary in the over sight of some Treasuries for the Irish account as hath given me and my family bread and more then what hath been freely given me for my paines I defie any man to charge me with and all which is visible and to be seen upon record to be much under three hundred pound and I have spent four hunded pound more in this time which hath been the benevolence of my friends and were I not bereaved of my whole Estate and fortune by that Rebellion as I said before I should as freely serve without reward in this Cause as any man alive and shall as willingly contribute what I am able to it as any man whatsoever but those that asperse me have dealt with me herein Jo. Paul Herin de Albing l. 1. c. 2. as the Pope anciently did with the Albingenses in France Who having a minde for to ruine them entertained them in Treaties and Conferences that in the mean time he might prepare his great Armies the more suddenly to destroy them so are they such who made fair weather with me a long time till they had served their own turns and gained their own ends Ecces 6.8.9.13 and then have requited me with this bad language onely for my labour and now it is but justice to do him right that hath suffered all this wrong and but Christian compassion now at last to take that burthen from my back which hath so long so heavily laine upon my shoulders but if my time of rest and quiet be not yet come since vengeance is onely Gods Prerogative I shall leave Joves thunder-bolt in his own hands and in the mean time scorn the wrong and so shall sufficiently be revenged of the injury and shall thus conclude with that of Jethro unto Moses Blessed be the Lord who
then present wherein the said two words that and did were defaced and blotted out of the said John Warrens Deposition to the 39 Interrogatory which had been openly read in Court and misled the Court to sentence as aforesaid and by that means his Deposition was made positive and absolute as of his own knowledge whereas by the said Defendants copie of the said Deposition first shewed to his Lordship with the words that and did fair written therein was upon hearsay Shortly afterwards viz. before two of the clock that afternoon the said Master Alexander came to Grayes-Inne to the said Master Jones his chamber there and then and there in presence and hearing of Master Hooker one other of the Attorneys of this honourable Court in great perplexity as it then seemed fell into some passions saying What an infortunate man am I What will become of me And then being demanded by Master Hooker and Master Jones Of whom he had or received his copies of the said Depositions whereof that was one answered He could not tell whether he had received it from the Examiner or from Henry Nevile Master Jones his Clerk with many bitter and heavie imprecations and oaths vowing and protesting He knew not of the blotting out of those words or altering the copie and that the copies were as he first received them Whereupon the said Alexander Master Jones and Master Hooker went all together into the Examiners Studie of this Court to see the Record of the originall Deposition of the said John Warren to the said 39 Interrogatory on his part which being shewed unto him by the Examiner the Record was fair and plain with the words that and did therein written with the hand-writing of Master Gay the Examiner who died in August last Hereupon the said Master Alexander used the like speeches as before he had done in Master Jones his Studie and so departed 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 Grayes-Inne and before Matthew Goade Esquire Deputie-Clerk of this Court being sworn upon the holy Euangelists did make a voluntary Oath and Affidavit That he having retained Master Jones for his Attorney and Henry Nevile his Clerk to take care and sollicite his said Suit and the Cause coming to publication the said Nevil undertook to procure for him the said Alexander the copies of the said Depositions taken in that Cause and for that purpose received not onely the Fees and Duties for such copies as he procured for him the said Alexander but likewise had extraordinary reward and satisfaction for his pains therein and that the said Nevile went with him the said Alexander to the Examiners Office of the 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 as well of the said John Warren as the rest and his said Counsel conceiving the said John Warrens to the 39 Interrogatory to be something doubtfull he made a mark in the Margent 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 Counsell had directed for examining the copie and the said Nevile took the said Deposition of the said Alexander and carried it to the 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 to the said Nevile for the same who told him That he had examined the said Warrens Deposition in that point with the Originall 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 in the said Warrens Deposition as it now was in the said copie and after that the said Alexander gave him satisfaction for his pains and search And the said Alexander deposed and protested upon his Salvation That the said severall words that and did were in the said Warrens Deposition fair written when he delivered the same to the said Nevile and that the said words were rased and blotted out as they then were when he received the same back again from the said Nevile shewing the same to the said Master Alexander and said That he had made it to agree with the Record And the said Alexander protested and affirmed That the same was not altered or blotted out either by him or any other to his knowledge other then by the said Nevile as aforesaid And the said Alexander deposed That the said Nevile was trusted with the charge and care of the said Cause and having taken upon him to draw the Bill and part of the Interrogatory and took upon him the solliciting and managing of the said Cause and over and besides what he had received he moved the said Alexander to promise him further satisfaction after the hearing of the Cause At which next sitting being the 27 of October last according to the said Order was brought into this honourable Court the Record of the originall Deposition of the said John Warren taken upon the said 39 Interrogatory and was seen read and perused by this honourable Court wherein the said two words that and did were fair written without any blotting defacing or interlineation and thereupon the said Master Jones made humble suit to this honourable Court that he might be sworn in open Court for the clearing of himself of any manner of suspicion or the least touch that might have been imputed unto him thereabouts who was sworn accordingly and upon his Oath delivered That to his uttermost knowledge he never saw the said Paper-copie of the said John Warrens Deposition before it was put into his hands to be read at the hearing of the Cause the last Sitting before Whereupon all the honourable Presence openly pronounced the said Master Jones to be innocent and clear from the least suspicion of being privie or consenting to the said blotting or defacing of the said copie 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
hearsay And thereupon Master Hudson advised him to examine it with the Record Whereupon he went to Nevile and shewed him the Deposition and what Master Hudson conceived thereof and then Nevile would have blotted out those two words if this Examinate had not restrained him And after they went to the Examiners Office to have compared it with the Originall But he being not then to be found this Examinate left the Depositions with Nevile and afterwards received the same again from Nevile with those two words blotted out the same being done without his privity of procurement And this Examinate saith That the Cause was heard in this Court the same day he went to examine the copie with the Record and found the Record to be fair with those two words in the same whereat this Examinate was much astonished Being asked what extraordinary rewards Nevile received from him in the solliciting of his Cause saith That in the Term he went to Master Hudson for advice he gave Nevile six shillings before he went to Master Hudson And when he had the Book from Nevile Nevile demanded of him two shillings as a Fee due to the Examiner But Nevile denieth that he had any money of him that Term and thinketh in his conscience That for the drawing of the Bill and drawing part of the Interrogatories and his care and pains as a Clerk in the Cause he hath not had above thirty shillings since the beginning thereof being about six yeers past nor that he had ever any thing from him since the Term the Cause was published in which was vicesimo Jacobi and copies of Books delivered saving of such moneys as he laid out for him in Court and ten shillings in money he having laid out of his purse nine shillings four pence thereof before Master Hooker deposeth That in the afternoon the same day the Cause was heard in court M. Alexander met with M. Jones his Attorney and the Examinate in Grays-Inne where they went together to M. Jones his Study and seeing the Deposition there seemed thereupon to be in a great passion or perplexity about the blotting out and defacing of the two words that and did out of Warrens Deposition saying What an unfortunate man am I what will become of me And being asked by this Deponent From whom he had received the Paper-copie said He could not tell whether he had it from Nevile or from the Examiner himself but said and swore He altered it not nor knew who altered the same but that the copie was as he received it and affirmed as much upon the view of the originall Examination with the Examiner Howbeit Alexander in his Affidavit deposeth He left the copie of the Depositions with Nevil to be examined and received them from him again Nevil telling him He had examined them whith the Original and that he had then made it to agree with the Record This being the state of the Cause before us we humble leave it to the judgement of this honourable Court Hamo Claxton Ran. Crewe John Dodderidge John Arthur Dep. Thomas Talbot of London Gent. doth depose That this is a true copie of the Certificate therein mentioned Examined by the original Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche And now be pleased to observe if there by any such contrarieties between Master Alexanders Affidavit and the said Certificate of the Iudges as is alleadged in the Sentence It must needs be that the Affidavit being drawn by Master Alexander after his own way as he understood the matter and the Certificate being made by direction of the Iudges who did interrogate Master Alexander as they pleased and so to set down things after their own order and manner there may be some seeming difference in words and phrase of speech but for substance there is no manner of contrariety or variation at all This is more in the Certificate then in the Affidavit That so soon as Master Alexander did shew the said Iohn Warrens Deposition to the said Nevil with the doubt in the Deposition conceived by his Counsel and the mark applied to it in the margin of the Paper-copie Nevil would then have presently blotted out those two words that and did if Master Alexander had not restrained him Which crosse nothing at all in the Affidavit but makes Nevil the more culpable and more clearly appear to be the man that did the fact for he that would then have done it before Master Alexanders face without ever examining it with the Record saying He knew it to be but a mistake 't is more likely he would do it behinder Master Alexanders back This is also contained in the Iudges Certificate more then in the Affidavit viz. That Master Alexander going to the Office to examine the Deposition with the Record and finding those two words that and did fair in the Record was much astonished Which word astonished is not in the Affidavit yet doth not this contradict any thing in the Affidavit but the more enforceth Master Alexanders innocence of the fact For astonishment is rather a Compurgatour then an Accuser not arising from guiltinesse but from a meer other thing As that a man being surprised with a sudden Accusation as in this Master Alexander was though armed with innocence that he cannot be pierced yet may he be amazed with so unexpected a charge It oftentimes proceeds from sensiblenesse of disgrace ashamed though innocent to be within the suspicion of such faults or that he hath carried himself so that any tongue durst be so impudent as to lay it to his charge May happen from a disability to acquit himself at the instant his integrity wanting rather clearing then clearnesse therefore saith Job The upright man shall be astonished at this and the innocent shall stir up him self against the hypocrites Job 17.8 The very Disciples were astonished at Christs words Mark 10.34 and in the 26 verse it is said They were astonished so out of measure saying Who then can be saved shewing how difficult a thing it is for a rich man to enter into the Kingdom of Heaven And so in many other places of Scripture astonishment is most commonly taken in a good sense And thus 't is plain that upright and innocent men are oftentimes astonished So that upon observation of both there is not eny variation or contrariety in Master Alexanders Affidavit and his Examination before the Iudges in matter of substance at all but the same is untruely alleadged in the Sentence without ground or warrant to make for their purpose against the truth And as to that part of the Certificate from the Iudges which concerns Nevils Examinations as it is onely to excuse himself of an offence wherewith he stood first charged and as it was unwarrantably grounded and admitted to be done at first so you finde them not pressed nor any use made of them at all first or last And since for reasons best known unto the
pounds paid to Our use in the Receipt of Our Exchequer by the said Humfrey Fulwood wherof We do acquit release and discharge the said Humfrey Fulwood his Heirs Executours and Administratours and every of them by these Presents of Our especial grace certain knowledge and meer motion have given and granted and by these Presents for Us Our Heirs and Successours do give and grant unto the said Humfrey Fulwood his Executours Administratours and Assignes the said Sum of five hundred pounds and all the benefit and profit of extents and seisures for the same Sum of money or any part thereof or toward the levying or satusfying of any of them to be had or made and also 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 and 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 account or other thing therefore to Us Our Heirs and Successours to be rendred made paid or done other then as before is expressed and to the end the said Humfrey Fulwood his Executours Administratours and Assignes may have and receive the full benefit of this Our Grant according to our intent and meaning in these Presents expressed Our Will and Pleasure is and We do by these presents for Us our Heirs and Successours give and grant unto the said Humfrey Fulwood his Executours Administratours and Assignes and unto every of theem full power and athority either in his or their own names or in the names of Us Our Heirs and Successours to sue for recover and have Execution of and for the said Fine and Sum of money to Us as aforesaid due and payable or any part thereof as well by suit as by extent and seisure in the name of Us Our Heirs or Successours or any other lawfull ways and means whatsoever And the same being recovered levied or received to have take and enjoy the same to his and their use for ever as aforesaid And Our further Will and Pleasure is and We do hereby for Us Our Heirs and Successours straightly charge and command the Treasurer Chancellour under-Treasurer and barons of the said Exchequer and other the Officers and Ministers of Us Our Heirs and Successours of the same Court and of the Receipt of the Exchequer aforesaid for the time to whom it respectively appertaineth or shall hereafter appertain and also Our Attorney Generall for the time being by vertue hereof from time to time to grant and cause to be made forth of our said Court of Exchequer such and so many Commissions and othere Processe as shall be expedient and required by the said Humfry Fulwood his Executeurs Administratous or Assignes for the obtaining leavying and recovering of the said Sum of five hundred pounds or any part thereof And these presents or the Inrolment thereof shall be unto the said Treasuer Chancellour under-Treasurer Barons and other the Officers and Ministers of the said Exchequer for the time being a suffieient Warrant and Discharge in that behalf And Our further Will and Pleasure is and We do by these Presents for Us Our heirs and Successours grant That it shall and may be lawfull to and for the siad Humfrey Fulwood his Heirs Executours Administratours and Assignes to acquit release and discharge the said Jerome Alexander his Executours and Administratours of the said Sum of five hundred pounds and every part and parcell thereof by writing under his or their hand and seal and such Release Acquittance or other Discharge shall be from time to time a sufficient and lawfull Bar Exoneration and Discharge to be pleaded against Us Our Heirs and Successours as strong and effectual in the law to all intents constructions and purposes as if the same were done by Us Our Heirs and Successours And for the further Indempnity of the said jerome Alexander or any other that shall satisfie the said Sum of five hundred pounds upon acknowledgement thereof or satisfaction therefore by the said Humfrey Fulwood you Our said Treasurer Chancellour under-Treasurer Barons and other Our officers as aforesaid whom it may concern shall strick or cause to be stricken in the Exchequer one or more Tally or Tallyes purporting the payment of the said Sum of five hundred pounds as amply as if the same had been pasd into the Receipt of the Exchequer to the use of Us our Heirs and Successours And these Presents or the Inrolment thereof shall be a sufficient Warrant in the behalf Although expresse mention of the certainty of the premises or any of them or of any other Gift or Grant by Us or by any of Our progenitours or Predecessours to the said Humfrey Fulwood heretofore made in these Presents is not made or any Statute Act Ordinance Provision proclamation or Restraint to the contrary thereof heretofore had made ordained or provided or any other thing cause or matter whatsoever in any wise notwithstanding In Witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Self at Westminster the eighth day of March in the ninth yeer of Our Reign Wolsley Per Breve de privato Sigillo Thus you see how malice still pursued Master Alexander at the heels in all the latitude and extent thereof Yet did that good God who first took him into his protection now raise him up friends again in his greatest troubles and extremities And when now he was ready to be utterly undone and swallowed up of his adversaries his Father in Law Master John Havors of Shelfanger in Norfolk to whom he owes all the observation and duty of a son and what shall ever rest in him to expresse his thankfulnesse who beofre this time was disswaded against him from doing any thing for him by means of his adversaries who daily did instill into his ears rumours of ill behaviour and of such things as might settle him in an ill opinion and belief of his conversation thus at length perceiving that it was purposely done that they might onely gain the better opportunity to destroy him he now better looking into the businesse then before which God onely moved his heart unto found out that it was a meer practice from the beginning utterly to undo him without cause and therefore of his own goodnesse presently did compound with the said Fulwood for discharging and releasing the said Fine and paid him and took his Acquittance and had the said Letters Patents delivered to him and paid and satisfied the said Yates and took his Acquittance for the said 130 l. costs and all other demands and in like manner compounded with that unjust and evil man Henry Nevil for the 50 l. given him in the said Sentence for betraying his Client and took his Release also thinking now that he had removed all impediments whatsoever
Committee for Irish affairs at Westminster and if any errours or miscarriages had been in the said Accompts surely they would have quickly found them and I cannot beleeve they would have concealed any thing that might have made against Master Alexander if any thing had appeared in them worthy of blame But is it not to be more admired that all this ado should be made about these Accompts and Master Alexander of all the rest and none but he called upon and thus questioned concerning them when that Honourable Committee of the House of Commons for Irish affairs sitting at Westminster whereof Sir John Clotworthy is one as is said before in December 1643. had by their Order discharged Master Alexander from medling in the Officer and had placed another in his Room as appears by the Order following Committee for the Affairs of Ireland Die Veneris viz. 9. December 1643. THis Committee being very sensible of the prejudice which doth already and may hereafter come unto the service of Ireland by the continuall neglect of master Jerome Alexander who is appointed by the Treasurers at Guild-hall nominated in the Ordinance of Parliament of the 30. of January last for a new Loan and Contribution towards the relief of that Kingdom to attend that Receipt their Orders being by him slighted and he refusing to attend this Committee as he hath been often required they have now thought fit that the said Treasurers do appoint Master Richard Warburton who is well acquainted with the businesse to take into his charge and custody the Books and Papers belonging to that Ordinance and to state and perfect the Accompts concerning the same and that hee attend the Receipts and Payments upon that Ordinance for the time to come by the order and directious of the Treasurers so as the service may not suffer by any neglect Joh Goodwin Thus you may perceive that whether Master Alexander were in the office or out of the Office all is one his quiet is never a whit the more and yet since this Order all the Orders that have come from that Honourable Committee for Irish affairs at Westminster to the Treasurers they have been deliuered to Master Warburton who with one Master Benjamin Goodwin one of the said Treasurers hath carried on the bu2inesse with him and yet Master Alexander must still be called upon for Accompts And whereas this Order mentioneth neglects and contempts Master Alexander was ever obedient to their Orders and caused the Accompts to bee delivered in punctually from time to time as they were required or else hee had been worthy to have heard of it to his cost and I am sure you beleeve he should have heard of it in another kind And how hee hath behaved himself amongst those with whom hee hath had to do in these affairs you may be pleased to understand in the Certificate following VVE of the Committee of Adventurers in London for Lands in Ireland sitting at Grocers Hall do certifie and will bee ready to make it appear when we shall be called that Master Jerome Alexander was freely and unanimously chosen by the Body of the Adventurers in London to bee one of the Committee for Irish affairs at Grocers Hall and was at another meeting afterwards confirmed by a like consent That ever since hee hath peformed his duty with a great deal of care and industry for the Publique and hath in this time done many acceptable services for Ireland with that Candor as we conceive him worthy of all encour agement And we further conceive and by experience have found that if he had not been amongst us we could not have gone on so well in this Affair as we have done in regard hee is better acquainted with the state and condition of most parts of Ireland and the severall persons there imployed then wee are or can be David Watkins Jam. Bunce Joh. Kendrick Sam. Avery Hen. Fetherstone Rich. Hill Michael Herring James Houblon Joh. Dethick Joh. Strange Sam. Langham George Thomason Sam. Moyer Rich. Leader And Master Alexander is confident if he would have desired a Certificate from the Committee of Goldsmiths-hall of his carriage amongst them he could have procured a like manifestation of his good demeanour in that service but because it concerneth another imployment he hath been silent in it But thus you may perceive further what ill measure hee hath had and what opposition hee hath undergone and for no other cause or reason that he is conscious of unto himself if not for acting his part in the affairs wherein he hath been trusted with that fidelity and zeal that becomes an honest man And to the best of his understanding in all the course of his life the malice and prosecution that hee hath met withall have been for no other cause but that hee would never be drawn to betray any trust committed to his charge for any gain or tender of preferment whatsoever But why should Master Alexander think much at this usage seeing it is but the same thing which others sufer with himselfe and is that hath been and it is that which shall be And that which is doen is that which shall be done and there is no new thing under the Sun Ecclesiastes 1.9 But after all this it hath been objected surther But what hath been done for Ireland since Master Alexander hath been of that Committee for Irish affairs It is not possible for any man to think that it lay in his power to do more then his own personall endeavours could contribute and that he may put the question in answer of this demand What hath he left undone that any wayes lay in his power to do and promote for the good and well-fare of that Kingdom or of any His Majesties Dominions Nay ever since his coming for England after his escape from those blood-thirsty Rebelsin Ireland he hath spent his whole time and that means which he hath received from his friends in that service and both publikely and privately hath laboured by all the possible wayes he could to have relieved it and Ultra posse non est esse Let any man instance in any thing that he hath done to the least prejudice of the proceedings and if he cannot answer for himself let him bee condemned if that bee not so tearmed wherein he hath opposed those things which inall likely hood and appearance must have left the Forces and poor Protestants there in a farre worse condition then blessed be God now they are in It is a Rule that Contraria juxta se posita magis elucescunt By telling you peradventure what he hath not done you may happily give a guesse at that which hath followed upon his endeavours First of all then he doth professe That he hath not carried two faces in one Hood but in whatsoever Debates where he hath had the freedom to deliver himself and his opinion hee hath done it with singlenesse of heart cleerly without respect of persons he hath made the cause
particulars following 4. By the Lord Keeper Coventry his readinesse to embrace the least hint and occasion offered to charge M. Alexander with this Accusation whereof it hath appeared unto you herein before that he was innocent 5. That upon the first Motion though out of Court his Lordship instantly released Yates who stood fined in Court and was then in custody upon a Censure appearing to have been justly given against him 6. That the said Lord Keeper being the supreme Judge of that Court and in order unto his place directing all Causes in the manner of their proceeding unto Judgment his Lordship gave Rules and Orders in this matter against all the Rules and Orders of that Court. 7. Thus hee irregularly admitted of an Oath in this Cause for to confront an Oath contrary to all practise and the duty of a good Judge for that where an Oath is once received and upon Record in a Court of Justice an other Oath in the Negative hath never been admitted point-blank in opposition to the former The onely Remedy in such Cases being by Bill or Information that all parties concerned may interplead the matter in difference and thereupon right and justice to bee done where the fault is found 8. That where the Accusation hath been once answered upon Oath in the particulers of the Charge it is against the ordinary rules of all Courts of Justice for to re-examine that party again upon those very things to which he hath precisely answered yet did the said Lord Keeper Coventry you see enforce Master Alexander twice to answer that thing over again upon his Oath which he had punctually answered once before nay once publiquely in Court interrogated by himself and after that again by examination of the Judges by him principally directed which was onely done to have drawn from him some guilt if possible whereby to have ruined and undoned him 9. It hath been never seen in any Court of Justice that the party complayning hath been bound up in the matter complained of by the Oath of any Defendant without his own consent yet in this Case Nevill being legally charged with committing of the said offence was received by the said Lord Keeper Coventry for to purge himself upon his Oath without any consent had or sought for of Master Alexander and in an extrajudiciall way also and made use of it afterwards as a testimony upon which to ground the Sentence having nothing more to support it withall 10. In all Bills and Informations exhibited in that Court the Cause being so penall to the party complained against the matter ought to have been set down truely and as precisely as in an Indictment that so the party accused might have certainty to what to answer for if one offence bee charged and another proved in such case there is no ground for to warrant a Sentence nor hath it been seen that any man in any Court whatsoever hath been concluded by generals nor by offences proved which are heterogenia and not of the matter in question for so to judge is to judge parte inandita ultera for if this should be admitted no man possibly could be safe if to be judged for that which he hath been never received to answer yet the said Lord Keeper Coventry admitted of both these proceedings to condemn Master Alexander For first hee received the said _____ Cooke to depose matter in Court against Master Alexander diverse and from the things in question and caused that to bee inserted in the Sentence as convincing testimony which you see is a thing false in it self now it comes to be defended He admitted of divers generals also not proved nor before alleadged to be inserted in the said Sentence as matter of testimony to support it which were farre otherwise in truth and deed then they stand therein urged and pressed and which are so many of them as that in effect the whole Sentence is founded upon nothing else most illegally and unwarrantably 11. Whereas no man after his Answer in Court but is lawfully served with an Order or Processe to joyne issue in the matter controverted or depending and after issue joyned is called by Processe or Order for to appear at a certain day and time to hear judgement pronounced and to make his just defence that so innocence may not suffer if possibly to bee prevented but in this Case of Master Alexanders the said Lord Keeper Coventry proceeds to judgements without doing of either of these and yet to give some colour for this wrong doing and to make quick work of it hee overshadows it with another thing an errour of as high a nature and receives that for a service of Master Alexander to hear judgement which hath appeared to have been no service at all and that in seven dayes time from the day that the Judges certificate was first produced and read in Court and then Resolved upon the first to draw this matter unto a formall hearing it is concluded to be proceeded in is debated and Sentenced and M. Alexander destroyed without defence and what needed all this post-hast if not to have made it onely the advantage of destroying him in his absence In which way they were sure to bring about their ends 12. That upon the matter he directs in the Sentence the Governours of Lincolns-Inne whereof Master Alexander was a Member to expell him the Society fearing lest he should not be otherwise made miserable enough and that they might without that hint or direction by the way have forborn to have proceeded against him with a like severity but by this Weathercock you may see where the Winde blew and that malice when it rageth is without bounds or restraint and now with holy Job Chap. 19.7 I might cry out of wrong but I was not heard I cried out aloud but there was no judgement 13. That the said Lord Keeper Coventry after the question was once stirred never so much as once endeavoured afterwards to support the Sentence given against Yates though upon so good proof appearing in the Books the said Deposition of John Warren being set aside but absolutely dismissed Yates without more ado contrary to the duty of his Place and Office whereby it is further manifest it was not for his love and zeal unto justice but revenge that he herein more aymed at was the cause that he persecuted M. Alexander with so much extremity 14. That he was not ignorant that the crime objected was in it self petty and without consideration in case it had been the Act of M. Alexander as you finde him cleered of it in that which hath gone before and therefore it further sheweth the inveteracy of his rancor and for what cause he was so violent in the persecution of M. Alexander thus unjusty unto Sentence 15. That the said Lord Keeper Coventry was resolved you may see by the excessivenesse and immoderation of the Fine and other things required to be performed by the Sentence to make it
finall and irrecoverable and so heavy and burthensome as that Master Alexander should never again be able to rise from under it for thus he disinabled him in his estate in his profession in his good name in his friends and made whatsoever uncomfortable to him which this life could afford that thus upon the matter he had buried him alive which to have compleated there wanted nothing but execution an Officer to have cast him into the grave the prison appointed from whence he should have been sure in his time never to have returned till he should have paid the uttermost farthing and performed whatsoever he required to have been done 16. That he seconded Yates his dismission with another Act of injustice as grievous as any of the rest he received a Bill of costs from Yates his Atturney which had a foundation answerable to the building false glosses upon the Text a Title appearing as untrue as the particulars therein were unjustly multiplied with an addition too in the Summa totalis more then justifiable or contained in the Summes that went before another brat of the same breeding thus rowling one stone more over his grave that so there might be weight enough to have kept him under ground 17. That by his meanes no installment of the Fine must bee in Master Alexanders Case which was a mercy admitted to all others in like condition and to such whose offences were proved Capitall and transcendent indeed and this Fine must be begged and paid and all other summes of money which he had adjudged to be paid by M. Alexander in that Court and was not this yet more grievous and intollerable and done out of malice to him 18. That he vowed he would not admit of any Pardon to passe under the great Seal for Master Alexander of the said Sentence so long as hee was Keeper of it which in part he performed and with much trouble to his patience and grief of his heart as you see it prooved it was that he permitted any thing to passe at all and if his power had not been imployed for a cloak of his maliciousnesse 1. Pet. 2.16 what had it been to him had he stood indifferently affected that after the Sentence past and that the Law had had its course that his Majesty should not bee as mercifull to M. Alexander as to any other of his Subjects you may understand the cause of his fear was the palpable injustice in these his Actions and that if M. Alexander should acquire any means and liberty for himself he conceived his spirit too great to put up such an injury at his hands when any opportunity should be offered to attempt the same 19. That he gave the said dismission for Yates against Master Alexander and awarded 130. pound Costs against him when it appeared unto him by such proof as had been made that M. Alexander had probabilem causam littigandi and much more and therefore by the course of that Court ought to have paid no Costs which further answers that objection That the Petitioner should commit the fact for his own advantage when no benefit could have accrewed to him by it at all there being sufficient testimony besides to prove the Charge and it had been an Act of great folly in M. Alexander to have done such a thing which must of necessity have been controuled in Court both by the Record and the Defendants Copy of the said Deposition and who can beleeve he would do that Act in secret which he had endeavoured to make publique by the mark like a hand set against it in the margent of the Copy for examination of it and which of necessity must discover it 20. And if the said Lord Keeper Coventry had not been more engaged in it than ordinary why would he have pressed a matter of no more importance or dammage either to the State or any other person than this was and carried it on with so high a hand and such violence especially against one of his own coat whose infirmities if he had found any in him he should therefore the rather have endeavoured to have concealed in the birth of his profession in hope of amendment than thus for to proceed without mercy or moderation I am sure herein he did not immitate his heavenly Father in mercy who forgiving thousands of Talents doth expect we should not for Pence take our Neighbours by the throat Luke 6.36 Mat. 18.32 33 34 35. 21. He suffered the Sentence to be interlaced with much scandalous and impertinent matter meerly suggested to render M. Alexander causlesly odious to all that should onely read it and understand no more and we say it is an easie thing to make a man of straw and kill him when we have done and if it may be admitted to insert without proof or warrant what a mans Adversary and his Councill can invent to make something of nothing whereby to charge his enemies I wounder who it is in such case can be safe from destruction or that can think his life and estate is not every minute in danger and when the said Lord Keeper Coventry who had first the perusuall of all Sentences given in that Court did permit this Sentence to be stuffed up with such untruths Is he blamelesse herein for doing to Master Alexander an intollerable injury and oppression 22. When he observed no Order in this proceeding which is the life of Government and where there is no Order there is confusion it is a Rule then in all Cases criminall if the supposed Delinquent deny the fact objected no prosecution should be made against him without Bill or Information Answer and Examination of Witnesses so that the Party accused might make his just Defence of all these Master Alexander was deprived and debarred and yet the Sentence supported by his only power and greatnesse as if it had been the most just one that ever was pronounced upon earth 23. You may also perceive what use of it hath been made from time to time against Master Alexander by all those his opposites with whom he hath had to do perverting it to serve their own turnes for his disgrace and though it be penned with as much asperity and disadvantage unto his Case and filled with as many falsities as there are lines yet because it came not high enough it must be reported to be far otherwise and worse then it is in it self which the late Earle of Strafford and now Sir John Clotworthy have been pleased to extend far beyond whatsoever is contained in it and all which you see Master Alexander hath hitherto suffered with a great deal of patience but doth now hope the time is come that his Case is known and if yet he shall not finde redresse of his sufferings he is so well inured to beare the burthen of these Calamities as he will yet rest in hope that that God which hath all this time protected him and kept him from destruction will either here or hereafter or in both satisfie him with his goodnesse 24. That Court of Star-Chamber it self in the exercise of it in those times was not so pure and cleer from question and exception both that it was by this Honourable Parliament found to be a great grievance and vexatious to the Subject and therefore dissolved it the Judges of that Court not keeping themselves to the points limitted by the Statute by which it stood principally founded and erected but did punish where no law did warrant and made decrees for things where they had no Authority and did inflict heavier punishment then by any law was warranted and contrary to the great Charter and was a meanes to introduce an Arbitrary power and Government And therefore no wonder if he that was an honest man and lived in any way averse unto those times and their proceedings extreamly suffered under its censures but we have seen the end of these blazing and falling stars who having deceived us all this while have been resolved into their Elements of earth and self respects Thus a man that is constantly carried by true principles though the compasse may through infirmity or Temptation sometimes admit variation or wavering yet it recollects it self again and will promote to the true pole what waves or winds soever beats against the ship perseverance in good things goeth never without its reward in the latter end it did Judas no good that he was of the twelve when once he fell away for it cannot do any man good to lay a good foundation if he build not a faire structure upon it for to begin in the Spirit and end in the flesh to set out good wine at the first and then that which is worse is the Devills banquet I am confident of my innocence I have produced my evidence let the Reader judge and I appeal to the searcher of hearts too who will one day acquit me and punish their uncharitablenesse that have condemned me by the measure of my sufferings and nothing else but I hope that God who in justice hath laid on the burthen will in mercy still strengthen my shoulders to support it and what my prayers and endeavours cannot prevent my patience shall undergoe yet let me crave this one thing at your hands that if you finde herein as Festus did of Paul Acts 25.18.19 That his Accusers stood up against him and could prove no evill accusation you will with Pauls Judges between your selves at least say of this man That he hath done nothing worthy whereof he hath been accused Acts 26.31 Voluntas Dei secreta sit nunquam injusta the cause why God punisheth may be hid but it is never unjust Therefore will I bear the indignation of the Lord because I have sinned against him Nehem. 9.33 Mich. 7.9 FINIS