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A77341 A breviate of a sentence given against Jerome Alexander Esquire, an utter barrester of Lincolns-Inne, in the court of Star-chamber, the 17th day of November, in the second yeer of the raign of our soveraign Lord King Charls, of England, Scotland, France, and Ireland, &c. With exceptions taken to the said sentence, to unfold the iniquity thereof. With a short narrative of divers other passages and oppressions, wherewith he hath been also grieved in other times of his life, both before and since. Printed for the satisfaction of his friends, against those many calumnies and aspertions raised thereupon to blemish him in their opinion, and in the opinion of all others with whom he hath to do. 1644 (1644) Wing B4410; Thomason E1066_2; ESTC R211322 183,530 157

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Majestie and issued out Commissions to entitle his Majestie to these Lands as derived from the Earl Marshals and his Ladies Ancestours which M. Alexander had discovered And having found one Territory thereof but not the tenth part thereof afterwards procured more Letters for to passe the same to others at a small Rent under a hundred pounds per annum which was no lesse in value then between three and four thousand pounds per an Which M. Alexander perceiving informed the Earl Marshal thereof and of the true state of things Whereupon his Lorship finding himself thus injured and abused by the Earl of Strafford did labour his Majestie that he might go on with his Suit for those Lands and did proceed so far as that many of the terre Tenants the ancient Natives who had been in possession by intrusions by them and their Ancestours for many Generations some hundreds of yeers Master Alexander had so satisfied them in the weaknesse of their Titles that without more ado the chiefest of them began to surrender and did surrender their estates into his Majesties hands with intent that they should be granted to the said Earl Marshal and his Heirs according to the Tenour of his Majesties Letters in that behalf and were resolved to stand to the said Earl Marshals courtesie for new Grants to hold of him and his Heirs Which thing when the said Earl of Strafford perceived and that the Earl Marshal having gotten this footing the said Lord Deputies project therein concerning himself to get those Lands would be at an end and so he was not onely like to have too powerfull a Neighbour but his actions must thereupon be sifted and discovered in that wherein he had broken both trust and all bonds of friendship with the Earl Marshal now he the said Lord Deputy saw he had no other way to acquit himself but either to gain Master Alexander unto his party or by crushing him altogether that so he might be quitted of him he therefore attempted first by all expressions of favour towards him to win him and at all places and in all cases where he might shew him countenance he did it for a time till he perceived that nothing could take him from his duty or to violate the trust the Earl Marshal had put in him but found that Master Alexander the rather proceeded with the more zeal and earnestnesse in that businesse then before and by this opportunity was able to have done the said Lord Marshals businesse without him when he thought t was high time to turn about and that speedily or it had been too late for all the possessours of those Lands were resolved to have made the like surrenders of their estates as their neighbours had done before into his Majesties hands c. Whereupon spirits were raised up to fined out other particular interests and claims of private men which were set on foot against the said ancient possessours and albeit without colour or shadow of Title yet it was enough to embroyl the businesse and for to hinder the Earl Marshals smoother proceedings and now a Bill was first brought against these Gentlemen for no other cause but for making these Surrenders of their estates into the Kings hands And because it was pretended to be done in prejudice of those claimers that had no colour of right yet for this and no other thing were they grievously fined and censured in the Castle-Chamber there for thus giving away their own Lands unto the King and the Court of Wards and all Courts there were now filled with Suits against the Occupants and their estates and possessions ordered from them and they outed of their Interests which they and their Ancestours had enjoyed for some hundreds of yeers before and in this time they could get no Lawyer to plead or speak for them but Master Alexander for which cause the said Lord Deputy had wrought all the Judges some few excepted that were just men to disfavour him and fix whatsoever upon him to disgrace him when he came in their way also whomsoever he was that would complain against him had the said Lord Deputies ears open and his creatures too more ready to receive then any of them could possibly be for to petition against him And thus Master Alexander had almost enough to do to make his own Defence against such clamours and false things which were thus received against him whereof he still cleared and freed himself but without any recompence of his losses and damages thereby sustained and without all repair for the base scandals were thereby put upon him whereupon he perceiving himself thus resolved and destined unto ruine by some one means or other were it right or wrong and having understood out of his Lordships the said Lord Deputies secret Closet that he had assuredly purposed and determined to ruine him therefore foreseeing the danger M. Alexander prepared the best he could for to prevent it and now by the opposition that was between them by which means those that were in like manner oppressed did still repair unto Master Alexander for advice and counsel he understood the most of his wicked actions and observing his ways against others and that there was no fence for him to save himself whom he purposed for no destroy therefore Master Alexander came for England and yet without his Passe which was the thing he stormed at having before this time made an Act of Common-Councell which he declared should in all tings be as binding as a Statute-Law That no Subject of Ireland should come for England or go elsewhere beyond the Seas without his special License which when any endeavoured to obtain at his hands against whom he had any thing to say he must be sure to ask and go without howsoever if he had no fair pretence yet then it must be delayed at the least so long untill some way or other was found out to obstruct his passage and so enthrall and trouble the Passenger as ruine was the end at last against whomsoever his displeasure and indignation did arise And if it did so fall out at any time that any man had obtained his Majesties Letters to him requiring his permission to let him come for England he would notwithstanding hinder him if he were such a one as he had no minde to let depart or whom he feared might tell tales at Court therefore Master Alexander procured the Warrant following for his repair into England and made use of it for his coming away accordingly To the Lord Deputy of Ireland RIght Trustie and Right Welbeloved Cousin and Counsellour We greet you well Whereas Our Right Trustie and Our Right Welbeloved Cousin and Counselour Thomas Earl of Arundel and Surrey Earl Marshal of England hath especiall occasion for the service and employment of Our Subject Jerome Alexander who is now residing in that Our Kingdom and hath therefore desired Us that he may have Our especial License for his repair hither into Our Realm of England
now Viscount Valentia Sir Frederick Hamilton Knight and others had against him to be heard in the foulest and most palpable and grosse injustice and wrong done them that ever was done or heard of to be done in a Civil Common-wealth and yet could obtain no right or redresse of their injuries but instead of relief were crushed by means of his power and greatnesse And knowing him to be an implacable adversary that never was satisfied without the ruine of him against whom he once conceived a displeasure And Master Alexander therefore not being able to return into Ireland to live upon his estate and having two such good friends at Court as my Lord Coventry the late Lord Keeper and his little Grace of Canterbury and their Faction which stood in the way of his preferment here in England and then not being able to exercise his Profession for the reasons aforesaid the case thus standing with him he took a resolution to travel beyond the Seas and did so where after he had spent some time abroad it so fell out that contrary to all expectation this Parliament was assembled which being sate down and setled he was called home and returned when he found the said Earl of Strafford accused by the Parliament of high treason and therefore committed and his Charge delivered in against him who assisted in making good those Charges what he could in the prosecution thereof to bring him unto justice that scarce ever did any man justice himself in all his life and then Master Alexander also amongst many others then petitioned the Lords in Parliament against him to have been relieved for the great oppressions and injustice which he had sustained at his hands as by the same Petition may appear To the Right Honourable the Lords Spirituall and Temporall in the upper-House of Parliament assembled The Humble Petition of Jerome Alexander Shewing THat the Earl of Strafford conceiving causlesse malice against your Petitioner in or about the moneth of July in the twelfth yeer of his Majesties Reign being then in England and at divers and severall days and times both before and since he expressed the same toward your Petitioner as well by disgracefull and scandalous words and speeches uttered and spoken by him against your Petitioner to sundry Earls Lords and Peers and others His Majesties loving Subjects of all his Hignesse Realms and Dominions with whom he well knew your Petitioner had to do as by his actions and oppressions of your Petitioner both in his good name Profession Fortune and estate whereof your Petitioner had notice being then also in England And whereas your Petitioner purchased an Estate in Fee of divers Lands and Tenements in that His M ties Realm of Ireland from one Ever Magennise and others for which he had paid great sums of money and had as good an Estate thereof conveyed unto him and his Heirs as by Law could be possibly devised or advised by Deeds Inrolled Fines Releases and other like good conveyances and assurances yet after all this the said Magennise was encouraged to Petition the said Earl against your Petitioner to disannull and make void the said Bargain upon scandalous false and feigned surmises in the said Petition suggested Which Petition the said Earl entertained before himself and his Lordship granted out thereupon an Order for your Petitioner presently to appear and answer the said Complaint which your Petitioner did and by his answer cleared himself both by matter of Record and otherwise and therefore prayed to be dismissed from before his Lordship and left to the Law yet would not the said Earl so do but still retained the said Complaint before him and ordered the said Magennise to reply and after granted an order in the nature of an Injunction commanding your Petitioner not to sue the said Magennise in any other Court concerning the premises untill his Lordship should give further order therein And afterwards the said Earl so involved and incumbred your Petitioner with References thereupon and Examination of Witnesses first without Oath before Referrees by his Lordship appointed to hear the businesse and upon oath before the Clerk of the Councell and otherwise that your Petitioner besides the losse of his time and the neglect of his Profession spent great sums of money in his defence and for the cleering of himself and it was a yeers time and more before your Petitioner withall his utmost diligence and best means used could get to be dismissed from before his Lordship in that suite and then not without great importunity of Petitions and otherwise preferred unto his Lordship by your Petitioner for the same and yet thus was your Petitioner onely left unto the Law without any repair for the scandalous matter suggested against your Petitioner and disproved in the proceeding of that Complaint and without dammages for that unjust vexation and in this time the said Magennise became non solvant That when afterwards your Petitioner had recovered against him in an ordinary way of Justice and Legall proceedings the said Magennise was not able to pay and satisfie unto your Petitioner his dammages and losses recovered whereby your Petitioner is damnified 1000 l. That the Earl convented some before him in private with whom he knew your Petitioner had to deal whom he examined of matters to have charged your Petitioner in a criminall way but gaining nothing from them discovered worthy of blame his Lordship shewed himself discontented thereat both against such and your petitioner branding your Petitioner with the name of a skurvey Puritan and threatning both him and the Party that would not be drawn for to accuse him By means whereof and the said Earls further disaffection shewed towards your Petitioner both by words and otherwise others also that did bear ill will against your Petitioner upon every sleight occasion and opportunity were encouraged to traduce and scandalize your Petitioner both publikely and privately without hope of redresse And thus your Petitioner is damnified 2000 l. more That one Philip Fearnesley Esquire wounded and maimed your Petitioner in his face with the stroke of a Candlestick as they were sitting together at Supper at your Petitioners own Table whereby your Petitioner lost much of his bloud and was put in great perill and danger of his life besides what it cost your Petitioner in the cure and recovery of himself Your Petitioner lost also the use of his practise for a whole Terme time together and more by that means For which wrong done unto your Petitioner your Petitioner brought his Action of assault Maism and Battery against the said Fearnesley in His Majesties Court of Chief Place in Ireland where Issue was joyned and a day of Tryall appointed and the Jury returned and summoned accordingly to appear At which time your Petitioner coming to the Bar of the said Court with his Counsell and Witnesses prepared for the said Tryall then and not before the said Fearnsley produced an order signed by the Earl of Strafford
Provided also That if the said severall Suns of five hundred pounds and fifty pounds or either of them hath not been satisfied as by the said Petition is suggested that then these Presents shall be void any thing herein contained to the contrary notwithstanding Although expresse mention of the certainty of the Premises or any of them or of any other Gift or Grant by Us or any of Our Predecessours to the said Jerome Alexander 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 fourth day of December in the ninth yeer of Our Reign Per Breve de privato Sigillo Wolsley And lest you should suspect that Master Alexander hath spoken much of this without-book and without ground of the said Lord Coventries carriage towards him in this matter by his continuall interrupting His Majesties grace and mercy towards him for some yeers together be pleased to read the following Affidavit which Master Alexander hopeth will satisfie the truth of his Allegations EDward Havers of Windfarding in the County of Norfolk Esquire deposeth That not long after the Petitioner Jerome Alexander was fined in the Star-chamber by that Sentence against which hee now complaineth this Deponent heing Uncle to his Wife and understanding that the Lord Coventry late Lord Keeper was an heavy enemy to the Petitioner in that businesse and desiring to get him a Pardon of the Sentence did endeavour first to prevail with the said Lord Keeper that hee would not oppose the passing of the said Pardon in case the Petitioner could obtain it from His Majesty and to that purpose the Deponent made meanes to the said Lord Coventry by Sir John Hare Knight the said Lord Keepers sonne in law who laboured in it accordingly as hee told this Deponent and perswaded the said Lord Coventry in the Petitioners behalf But the said Lord Coventry as the said Sir John Hare told this Deponent would not bee perswaded to it but used these words to him saying Sonne there shall never any Pardon passe the Seal for him meaning the Petitioner whiles I am Keeper of it which for that time put this Deponent out of all hope to obtain it yet shortly after the fine was begged by one Master Fulwood and passed under the great-Seal who was compounded with for the said Fine and Nevil for his fifty pounds and Yates for the Costs And when this Deponent attempted again to get a Pardon of the residue of the Censure that so the Petitioner might have liberty to Practise and used the Earl of Dorset to move His Majesty in the Petitioners behalf to obtain the said Pardon who did so and the late Lord Faulkland also joyned in that Suit to His Majesty for the Petitioner But the Lord Coventry still opposed it albeit the said Earl of Dorset begged it at the Princes birth as a Boon from His Majesty at that time and so it rested till His Majesty went into Scotland and there againe this Deponent petitioned His Majesty at His Coronation there for the said Pardon and procured the late Lord Treasurer Weston to move in it for the Petitioner But His Majesty remembring what the said Lord Coventry had informed him against the Petitioner notwithstanding all the meanes that could be made refused it Yet after His Majesties return from Scotland this Deponent did again sollicite His Majesty by petition in the name of the Petitioners father in law this Deponents brother and then again this Deponent procured the Earl Marshall and Earl of Pembrook Lord Chamberlain to move in it for the Petitioner who did so and with great sollicitation did obtain a Reference upon the Petition and afterwards a Grant that a Pardon should passe And then this Deponent laboured by Master Thankfull Fruen the Lord Coventries servant to perswade his Lord not to oppose it who told this Deponent that he did labour his Lord the said Lord Coventry that he would suffer the Pardon to passe who as Master Fruen told this Deponent did deny to yeeld to it and said to him again It should not passe the Seal so long as he kept the great Seal or words to that effect and then as Master Fruen informed this Deponent he told his said Lord that he would be commanded to doe it against his well and therefore it were better his Lordship would do it willingly but the said Lord Coventry would not be perswaded by him and at length Master Noy then the Kings Atturney perswaded the said Lord Coventry to seal the Pardon as this Deponent verily beleeveth For this Deponent applying himself to the said Master Noy and telling him how the said Lord Coventry had before opposed it and that he would oppose it The said Master Noy told this Deponent that he would warrant this Deponent the said Lord Coventry would then be of another minde And the said Master Noy being at the said Lord Coventries at a Seal when the Pardon was to be sealed did whisper the said Lord Coventry in his ear and so at that time it was sealed with that Condition That the Petitioner should not practise as a Counsellour at Law in England as is contained in the Pardon Jurat 17 Junii 1643. R. Riche And now after all this a man would have thought that Master Alexander should have been at some rest and quiet from further trouble in this businesse But afterwards it so fell out as that he being entrusted by the Earl Marshall of England in the managing of a Suit which his Majestie had given him for such Lands in Ireland as were his and his Ladies Ancestours and to which he could make out a good Title for the King which when he had waded in so far as that he had made it to appear unto the then Lord Deputy the Earl of Strafford that a good Title would be found for his Majestie to a great quantity of Land which had sometimes been the Inheritance of the Earls of Norfolk and Shrewsbury covetousnesse and something else now made him the said Deputy to cast an eye upon it for himself and lying all not far from Dublin within the Province of Leinster where the said Earl of Strafford had gotten some footing before first his Lordship did labour with the Earl Marshal to have quit his pretence unto it alleadging that it would hinder his Majesties designes of raising a Revenue in that Kingdom unto the Crown and would be otherwise of differvice to the State with other like Objections with which he so prevailed and with other Insinuations and promise of service to the Earl Marshal in other things that he had almost perswaded him to give over his Suit And in the mean time the said Earl of Strafford had procured Letters from his
and some others of His Majesties privy Counsell of that Kingdom whom his Lordship had interessed therein together with him self which was in the nature of an Injunction commanding your Petitioner not to proceed in his said Tryall and to refer th hearing of the businesse to certain Referrees intimate friends of the said Fearnsleys who were thereby appointed to hear and end the same and this was done before your Petitioner was ever called to make answer to the said Petition or that he was ever heard to say what he could object against it And albeit your Petitioner did afterwards Petition his Lordship and Counsell shewing the false suggestions of the said Petition and desiring to be left unto the Law yet could not your Petitioner obtain a dismission thereof but the said difference was notwithstanding continued referred to the said Referrees who conceived an order which your Petitioner durst not to gainsay all of them being persons before whom your Petitioner daily appeared in his Clients Causes which was That your Petitioner should accept of 40 l. at certain times in the said order mentioned when your Petitioner had spent above 40 l. in the prosecution of the suite besides his other dammages and losses to amounting above a 1000 l. more And whereas your Petitioner was Lessee for yeers of certain Lands and Tenements lying in the Town of Kilmainham neer Kels in the County of Meath within His Majesties said Realm of Ireland the Parson of the said Parish of Kels pretending that the greatest part of the said Town of Kilmainham did lye within the Limits and Precincts of the said Town of Kels made claim to the Tithes thereof Whereof neither he nor any his Predecessors Parsons of Kels within the memory of man had ever received any Tithes there nor had he any colour to demand the same but presuming to finde all favour against your Petitioner did therefore Petition the said Earl and Councell for recovery thereof to whose Petition your Petitioner was ordered to make answer and did so do and in his answer and otherwise it was informed to the said Earl and Counsell That the same was matter of Inheritance tryable by course of Common-Law Whither he craved to be dismissed and also craved in ayd of his Lessour to be made Party with him at least to the said suite that so his Inheritance might not be bound without his own defence but this was not admitted but the same Parson of Kells permitted still to go on and proceed in the said suite against your Petitioner onely to Issue and Examination of Witnesses by which means your Petitioner lost much time from his Calling and other Imployments and was enforced to expend great sums of money for his defence to his further trouble and vexation and dammage of 500 l. more That the Right Honourable the Earl Marshall of England on or about four yeers since procured His Majesties Letters and Licence for your Petitioners repair hither about his Lordships occasions which your petitioner caused to be delivered to one of the said Earl of Straffords Secretaries in Ireland his Lodship being then busie and not to be spoken with when your petitioner took the opportunity of a ship being then ready to set sail for England it being in the dead time of Winter and no other shipping expected to go from thence of a long time afterwards whereat the said Earl was mightily moved and enraged and threatned your petitioner and by his Lordships Letters then and otherwise since hath enformed His Majesty and others against your petitioner of foul crimes and misdemeanors whereof your petitioner is innocent and guiltlesse and for which your petitioner was committed to the prison of the Fleet and lay there restrained for a long time And thus the said Earl of Strafford hath drawn not onely His Majesties ill opinion and disaffection towards your petitioner but also the distast and ill conceit of many Noblemen and others who before time imployed your petitioner in their businesse and from whom your petitioner before then had countenance and good respect And by this means also your petitioner for this four yeers almost last past hath been kept from the use of his Calling and Profession and from the comfort of his Wife Children Fortune and Estate and spent great sums of money for the support of himself to his further dammage of 5000 l. more That in your Petitioners absence in England the Lady Anne Crosby Widow your Petitioners neer Kinswoman was stirred up to Petition against your Petitioners wife in Ireland to the said Earl of Strafford upon an Obligation of 2400 l. specialty conditioned for payment of 1200 l. with interest which was not then due nor untill a yeer after demand at which time also one Arthur Hill Esquire was also by recognizance and other good securities to pay then presently unto your Petitioners said wife for the use of your Petitioner 4540 l. Ster and more which your Petitioner had appointed to pay to others in Redemption of his Estate then in Morgage for so much money then to be also paid but upon the said Ladies petition without every making your Petitioner a Party and before that your said Petitioners wife was served to make any answer to the said Petition his Lordship made an Order upon the said Ladies Petition that your petitioners wife should answer the premisses and that in the interim the said Arthur Hill should stay and retain in his hands of your petitioners money 1200 l. whereawith to pay the said Lady and afterwards the said Lady the second time petitioned the said Earl to have the said 1200 l. out of the said Master Hills hands and to have your petitioners wife restrained from coming over hither to your petitioner And then albeit your petitioners wife answered the said Ladies petition and did thereby shew good cause why the said Lady ought not to demand the money and prayed to be left to the Law yet the said Lady so far prevailed therein that she gained the said money with interest and dammages for the time she caused it to be deposited in the said Master Hills hands against all Law or Equity and had not some other provision been made for payment of the Morgage money your petitioners Estate had been under a Forfeiture and in great danger to be lost All which extrajudiciall proceedings and grievous oppressions done unto your petitioner by the said Earl of Strafford to your petitioners utter overthrow and undoing and against the common and ordinary Rules of Iustice in His Majesties Realms of England and Ireland he humbly beseecheth this Honourable Assembly to take into consideration and do therein for your petitioners relief as in your great Wisedoms shall be thought fit And that because your petitioners Witnesses are many and some Noblemen and of great quality the most of them in Ireland whose charges your petitioner is not able to bear to bring personally before your Lordships hither to be examined in the premisses Therefore