publikely or privately nor to have born any Office What course could he have then taken for a living dig he could not and to beg he was ashamed and what other way had been left him whereby to have maintained himself and family And this this worthy Gentleman would have done to have satisfied his Spleenatick humour Yet like the son of such a father he gives this reason for it In regard saith he of his constant persisting in foul practice having thereby done prejudice to some of the Nobility and severall of the Clergie in that Kingdom You well know who was the father of such untruths from the beginning And Master Alexander is certainly perswaded that it was the invention of his own brain for wrong he never did to any man in that or this Kingdom nor in all the world that he is conscious of unto himself nor did any man there that was not of his Confederacy ever complain of the least ill measure or miscarriage done him by Master Alexander And those Complaints wherein he had a hand albeit they had the said Lord Deputies best countenance and assistance and what he and all the enemies which he had could invent and put upon him yet did Master Alexander clear himself of whatsoever Accusation and left the shame to rest upon them all to whom it justly appertained But peradventure Master Fitz-Gerald will answer this in the language that he informed it in and whatsoever his ill meaning was in the matter will take the words in their proper sense and so t is true Master Alexander by his Practice had done some of the Nobility and some of the Clergie prejudice Sure it was his Profession to do so when he overthrew them in their unjust Suits wherein he was of Counsel against them yet did them no wrong therein nor injury unlesse in Master Fitz-Geralds esteem it was not fair for any man of Law to have opened his mouth against a Lord or Prelate of those times And for the Clergie Master Alexander can but wonder that the should make use of their names in so false a thing as this when t is well known Master Alexander had no such ill opinion amongst the Clergie And that you may perceive that Master Fitz-Gerald circumvented the Lord Primate of Ireland in gaining this Letter from him under such Generals to do Master Alexander a mischief the Information being sent over to Master Alexander out of England by his friends at Court to let him know how his Majestie was thus again possessed and incensed against him he went therewith unto the Lord Primate and shewed his Lordship the same informed him that his name was made use of as one that sent over this Complaint against him which he utterly disclaimed and to go Master Alexander right therein gave him the Certificate under his hand which followeth in these words AT and upon the humble request of Jerome Alexander of Dublin practiser in the Laws informing me that he is credibly given to understand by Letters out of England that his Majestie should be informed by Letters from me hence against him whereby to alien and withdraw his Majesties favour from him in some thing now intended by his Majesty unto him Therefore to satisfie his desires herein and all other whomsoever I do declare hereby That for my part as I never had cause of any Complaint against him now since his residence in this Kingdom have never heard that he demeaned himself here otherwise then orderly and well so I professe that I never wrote any Letters unto his Majestie or any person whatsoever against him either into England or elsewhere but do wish him much good and would rather do him a pleasure then otherways if it should lie in my way Given at my house at Dublin this ninth of November Anno Dom. 1633. Ja. Armachanus Which being sent over for England and shewed unto his Majestie begat a little better opinion in him of Master Alexander then before Yet whensoever his Majestie was sollicited for a Pardon in his behalf the Lord Coventry still was advised with herein as it was his place who so incensed his Majestie still again and again against Master Alexander as for a long time he stopt and kept the current of his Majesties mercy from him All which he did fearing Master Alexanders return and that he would complain of the injustice done him which you may perceive he was no ways able to answer in this matter the same so grosly appearing out of the proceedings that there needed no proof but the Records of his own actions to manifest the same And now after this Master Alexanders father in law Master John Havers and his uncle Captain Edward Havers being well satisfied by Counsel of the iniquity of the Sentence and by Master Noy for one amongst the rest out of their meer goodnesse could hold no longer but were resolved That if the Lord Coventry should interpose in the matter any longer against Master Alexander they would complain of him unto his Majestie yet first they attempted again to obtain his Majesties favour for a Pardon which with much ado his Majestie granted and for which Master Alexander doth own very much to the Right Honourable the Earl of Pembroke who being well informed in the businesse and finding with what a high hand he was opposed by the Lord Keeper for his own ends would not be denied of his Majestie therein by which means it was obtained Yet when it came to be drawn up the Lord Coventry came to the King again and would have perswaded his Majestie against it but finding him and resolved to have it done when he perceived it must passe yet then with his importunities he prevailed to have the Condition inserted in it howsoever That Master Alexander should not use his Profession here in England and after all this yet stopt it at the Seal for some time notwithstanding till Master Noy being then this Majesties Attorney-Generall came to him of purpose and told him reasons why it were better for him to passe it so then to endure a Complaint and thereupon he sealed it much against his will which followeth in these words CHARLES By the grace of God King of England Scotland France and Ireland Defender of the Faith c. To all whom these Presents shall come Greeting Whereas in Our Court before Our Councell in Our Star-Chamber the seventeenth day of November in the second yeer of Our Reign in a Cause then there late depending between Jerome Alexander Utter-Barrester at the Law Plaintiff against John Yates and others Defendants by Judgement of the same Court the said Jerome Alexander was censured for a foul misdemeanour and offence by him committed in defacing and blotting out of certain words out of the copie of certain Depositions taken in the said Cause for his own advantage and ends against the said John Yates whereby Our said Court was misled in their judgements in the censuring and condemning of the said Yates
feed to speak a word and whatsoever Master Alexander pressed in his own defence was misinterpreted and an ill sense endeavoured to have been put upon it and upon whatsoever he spake for maintenance of the Cause and clearing of his Innocency The next Exception taken by Master Alexander to the Dismission is this That 136 l. costs was taxed against him to be paid unto the said Yates upon that dismission by the said Lord Coventry whereas no costs were awarded against him by the Order of the Court and whereas by the course of the Court he rather was to have had costs then to have paid any costs For which observe the Bill of Costs it self and first its title The Bill of Costs of John Yates John Lawrence Allan Lampkin and William Wacy Defendants sustained by them through the wrongfull and unjust Vexation of Jerome Alexander Complainant in preferring a malitious and scandalous Bill of Complaint against them for supposed Perjury Subornation of Perjury Imbracing of Jurours and threatning and terrifying of Witnesses whereof the said Defendants stand absolutely dismissed by Order of this most honourable Court upon a publike Hearing viz. Termino Pasche anno 19 Jacobi Regis  l. s. d. IMprimis for the charges of the said four Defendants in coming up this Term out of the furthest part of Norfolk to appear upon Processe of Subpena served on them 06 00 00 For recording their appearances in Court 00 08 00 For the copie of the Complainants Bill of Complaint 02 15 00 To learned Counsel to peruse the same and to draw the Defandants Answers thereunto 02 00 00 For ingrossing the same Answers 00 13 04 For the Attorneys Fees 00 06 08 For the Fees of the four Defendants examined upon the Complainants Interrogatories 00 18 08 For their charges in attendance there this Term and their return home 10 00 00 Termino Trinitatis anno praedicto The Attorneys Fee 00 03 04 Termino Michaelis anno praedicto For the charges of one of the Defendants in coming up this Term being served to rejoyn 01 10 00 For the Attorneys Fee 00 03 04 For the copie of the Complainants Replication 00 03 00 To learned Counsel to peruse the same and to draw the Defendants Rejoynder 01 00 00 For ingrossing the same Rejoynder 00 05 00 For the copies of the four Defendants Examinations upon the Complainants Interrogatories and of the same Interrogatories 06 00 00 For the half Fee of the Commission 00 05 06 To learned Counsel to peruse all the Books and to frame Interrogatories for examination of the Defendants Witnesses thereupon 02 00 00 For engrossing the same Interrogatories 01 00 00 For the said Defendants charges in attendance here this Term and his return home 04 00 00 For the charges of the said Defendants and their Commissioners and many Witnesses spent at the execution of this Commission 06 13 04 For two Subpenas ad testificand in Court 00 05 00 To the Clerk that took and engrossed the Depositions of the Defendants Witnesses 02 00 00 Termino Hillarii anno praed For the charges of one of these Defendants in coming up again this Term to joyn in Commission with the Plaintiff which was renewed at his instance 01 10 00 For the Attorneys Fee 00 03 04 For new ingrossing the Defendants Interrogatories to be enclosed in the renewed Commission 01 00 00 For a Subpena ad testificand 00 02 06 For the copie of an Affidavit made by the Plaintiff for renewing of the Commission and changing of the place 00 02 00 For the charges of the said Defendant in his attendance here this Term and his return home 04 00 00 For the charges of the said Defendants and their Commissioners spent at the execution of the Commission 05 00 00 To the Clerk that took and engrossed the Depositions of the Defendants Witnesses 01 00 00 Termino Pasche anno 20 Jacobi Regis For the charges of one of the Defendants coming up this Term to attend the Plaintiffs Prosecution and to take out the copies of the Witnesses Depositions 01 10 00 For the Attomeys Fee 00 03 04 For the charge of one Witnesse Examination in Court this Term on the Defendants behalf being out of Norfolk his attendance here and return home 03 00 00 To learned counsel to draw Interrogatories to examine the same Witnesse upon 01 00 00 For engrossing the same Interrogatories 00 05 00 For Fees of the said Witnesse his Examination 00 02 04 For the copies of all the Depositions of the Witnesses taken in Court and by Commission and of the Plaintiffs Interrogatories 20 18 00 To severall learned counsel to peruse all the Books and to confer of Breviats against the hearing of the cause 06 00 00 For writing of severall Breviats 04 00 00 For the charges of the said Defendants in attendance this Term and return home 04 10 00 The Attorneys Fees of these five Terms Termino Trinitat anno praedicto 00 16 08 The Attorneys Fees of these five Terms Termino Michael anno praedicto 00 16 08 The Attorneys Fees of these five Terms Termino Hillarii anno praedicto 00 16 08 The Attorneys Fees of these five Terms Termino Pascbe anno 21 Jacobi R. 00 16 08 The Attorneys Fees of these five Terms Termino Trinitat codem an 00 16 08 Termino Mich. anno praed For the charges of one of the Defendants in coming up this Term to attend the hearing of the cause being served with Processe to hear Judgement 01 10 00 For the Attorneys Fee 00 03 04 To several learned counsel to attend the hearing at the Bar on the day appointed for hearing 04 00 00 For the charges of the said Defendants attendance here and his return home 05 00 00 The Attorneys Fees of these Terms Termino Hillarii anno praedicto 00 10 00 The Attorneys Fees of these Terms Termino Pasche anno 22 Jacobi R. 00 10 00 The Attorneys Fees of these Terms Termino Trinitat anno praedicto 00 10 00 For the copie of an Order moved by the Plaintiff 00 02 00 To learned counsel to move the Court for dissolving of an Injunction obtained by the Plaintiff for stay of proceedings at the common Law 01 00 00 For the entry and copie of that Order 00 03 00 Termino Michael anno praed For the charges of one of the Defendants in coming up again this Term to attend the hearing of the cause the same being specially set for the hearing 01 10 00 For the Attorneys Fee 00 03 04 To several learned counsel to attend the hearing at the Bar on the day appointed 04 00 00 For the said Defendants charges in attendance here this Term and return home 05 00 00 The Attorneys Fees of these Terms Termino Hillarii anno praedicto 00 10 00 The Attorneys Fees of these Terms Termino Pasche anno 1 Car. R. 00 10 00 The Attorneys Fees of these Terms Termino Trinitat anno praedicto 00 10 00 Termino Mich.
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
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
Court and examined upon Interrogatories or otherwise touching the defacing and blotting out of the said words that and did and also that the said Master Hooker might be likewise sworn to declare upon his oath what he could say for discovery of the truth touching the matter aforesaid all which were sworn in open Court accordingly Whereupon and upon publike reading of the said Alexanders Affidavit in open Court wherein and some Demands then made by the Court to the said Alexander there plainly appeared a repugnancie to truth wherein he had catched himself and discovered his guiltinesse of the said Offence The Court was pleased to required the Lord chief Justice of the Kings Bench and Master Justice Dodderidge both present in Court to take the Examination of the said Alexander Nevile and Master Hooker touching the premises who took great pains therein accordingly and by the earnest sollicitation of the said Nevile on the seventh day of this instant November returned into this honourable Court their certificate of all their proceedings therein which said certificate was openly read in Court upon the tenth day of this instant November upon the reading whereof and opening the points of the same certificate by Sir John Finch Knight of counsell with the said Nevile the Court was inclineable to be of opinion that the said Alexander himself was the man that did blot out and deface the said two words that and did out of the said John Warrens Deposition for his own advantage against the said late Defendant Yates but for that the said Alexander was neither himself in this honourable Court in person neither had any counsel to speak for him the Court therefore did forbear to give any finall Sentence or Decree therein that day but gave the said Alexander time untill the next sitting-day to shew cause if any he had by his counsel or otherwise why the Court should not proceed to sentence against him for that Misdemeanour or in default thereof the Court intended to proceed to sentence the next sitting-day at which time the said Alexander was ordered to be present at the Bar in person Now this day was read in open Court an Affidavit of Charles Bagshaw Gentleman That he had done his best endeavour to serve the said Jerome Alexander with the said Order and to give him notice thereof for which purpose he had sought him at his chamber at Lincolns-Inne and given unto his boy or Clerk whom he found in his said chamber a true copie of the said Order and the said Nevile himself offering to be deposed That he did at the late Lord chief Justices give the said Alexander himself warning to attend the Court at his perill All which notwithstanding the said Alexander made default and had withdrawn himself as was now informed in this honourable Court. Whereupon was read again in open Court the said Alexanders Affidavit and the said Certificate of the said Lord chief Justice and Master Justice Dodderidge Upon the reading whereof and opening of all the parts and points thereof by Sir John Finch Knight and Sir Heneage Finch Knight Recordeer of London both of counsel with the said Henry Nevile who was present in Court himself to stand to Justice it plainly appeared to this most honourable Court aswell by divers apparant contrarieties between the said Alexanders Affidavit aforementioned and his Examination taken upon his Oath before the said Judges as by divers other pregnant reasons and circumstances conducing to prove him guilty of this great offence and also by the testimony of _____ Cook Gentleman sworn in open Court who upon his corporall Oath deposed That the said Alexander had formerly been taken very foul in his own cause in the same kinde or worse at a Tryall in the countie of Norfolk at an Assizes holden at thetford before the said Master Justice Dodderidge who bound him to the good behaviour for his offence then committed And for that also the said Alexander was fled and durst not abide Judgement as the said Nevile did who prosecuted him for that offence this honourable Court was clear of opinion that the said Alexander himself was guilty of that foul Misdemeanour and Offence of defacing and blotting out of the said two words that and did out of the copie of the said John Warrens Deposition for his own advantage and ends against the said Yates whereby this honourable Court was misled in their judgements in censuring and condemning the said Yates as afore is declared And have therefore Ordered Adjudged and Decreed the said Jerome Alexander for his said foul Offence and Misdemeanour well worthy of sharp and severe Punishment for the same and that he shall be utterly disabled to practice as a Counsellour at Law publikely at the Bar or privately in his chamber holding him not worthy to be of the Society of Lincolns-Inne whereof he was a member have therefore left him to the consideration of the Governours of that House and to pay a Fine of 500l. to His Majesties use be committo the Prison of the Fleet and before his enlargement out of prison shall publikely at the Bar of thisCourt in humble and submissive manner acknowledge his great offence against God and this honourable Court and shall shew himself very penitent and sorrowfull for the same And this honourable Court pronouncing the said Nevile to be clear and free from committing or being privie to the committing of the said Offence of blotting out the words of the copie aforesaid and gravely considering the great trouble losse damage and danger which the said Nevile hath been put unto for clearing of his credit and reputation in his service to the Court in defence of his own innocencie in this cause and in prosecuting and bringing to censure the said Alexander for the same his great Offence and Misdemeanour Have therefore further Ordered Adjudged and Decreed That the said Jerome Alexander shall satisfie and pay to the said Henry Nevile for and towards his losse and damage in that behalf the Sum of 50l. of lawfull money of England Jo. Arthur Dep. Jurat 5 die Maii 1642. Ro. Riche Thomas Talbot of London Gent. doth depose That this Writing is a true copie of the Record of the Sentence therein mentioned being examined by the Record by me the said Thomas Tallbot EXCEPTIONS taken by the said Jerome Alexander Esq unto the Dismission Decree and Proceeding of the Court of Star-Chamber against him touching the said pretended blotting out of these two words that and did in the Paper-copie of one John Warrens Deposition taken in the Cause wherein he was Plaintiff in the said Court against John Yates and others Defendants In anno secundo Caroli Regis First against the Dismission 1 THat it was given against him notwithstanding good cause and proof appearing within the Books to have sentenced the Defendant Yates for that offence of terrifying of Witnesses and tampering with them albeit John Warrens Deposition to the nine and thirtieth Article had been
and 36 Interrogatories Matthew Lancaster Esq li. C. fol. 1. to the 12 13 and 26 Interrogatories Edward Olifer li. A. fol. 1. to the 5 6 7 and 8 Interrogatories These four Witnesses do prove the same things with the former Deponent Master Robert Warren Clerk by whch the Perjury of Master Owen Godfrey rests cleerly proved without exception and the carriage of Yates to have circumvented Master Alexander in that Triall and to have condemned him in his absence without defence doth manifestly appear also And the Perjury being so cleerly proved the Subornation of Yates is an infallible Consequent thereof But to make it a little more cleer Thus much is deposed by John Allen Gent li. A. fol. 65. to the 36 Interrogatory To which this Deponent saith That it hath been generally held and reported in and about the countrey where the now-Complainant and the said Defendant Yates lived that the said Defendant Owen Godfrey was made and wrought by some of the said Yates his friends to go to the last Assizes at Thetford to testifie for the said Yates against the now-Complainant William Page li. C. fol. 32. to the 48 Interrogatory To which the Deponent saith That at the request of John Yates he went unto Master Owen Godfrey and requested him to be at the Assizes to deliver his Testimony between the said Complainant and Jerome Alexander the Defendant telling him That if the said Master Godfrey did not come Yates could not have his cause tried The said Master Godfrey answered this Deponent upon his speech with him That he could not come and that he could do the said Yates no good in the said triall because it was so long since the said Bonds were delivered that he did not remember how they were delivered And yet afterwards he was procured to come and to depose falsly which must be by some stronger perswasion and means used by Yates then before All which being added to the grosse perjury of the said Master Godfrey left not Yates excusable of the Subornation of that Perjury which tended to his onely advantage Then there was this Testimony to prove the Imbracery John Chapman li. C. fol. 35. to the 54 and 56 Interrogatories Saith That upon some speech with Allan Lampkin one of the Jurours concerning the said Triall the said Lampkin said to him that the said Yates should lose much money if the Triall passed not with him which shewed how he stood affected to Yates his part and was a giving of his Verdict before hand Richard Brampton li. A. fol. 54. to the 19 Interrogatory Saith That on the Saturday next before the Assizes being the Assizes in which the said cause was tried one Allan Lampkin who was one of the Jury summoned to appear at the said Assizes for triall of the Issue then to be tried between the now-Complainant then Defendant and the now-Defendant Yates then Complainant came to the Deponent who was likewise returned of the said Jury and did ask when he meant to go to the said Assizes and this Deponent answered him That he meant to go next morning saying That if he were there any time before noon it would be time enough Whereto the said Lampkin replied That he would ride away to Thetford that night and wished this Deponent to ride with him saying That the said Yates had brought down the Writ of Nisi Prius as well as the said Alexander and that he would have the matter tried at the first sitting if he could in the morning if he could and withall intreating this Deponent that he would say nothing thereof to the said Alexander for that Yates would not that he should know thereof by any means To 22 saith That after the Evidence given to the Jury at the said Assizes at Thetford between the now-Complainant and the now-Defendant Yates the said Allan Lampkin being one of the said Jury did so soon as the Jury were gone together to consider of their Evidence use these speeches viz. Masters we must finde for the Complainant meaning the now-Defendant Yates who was Plaintiff in the said Action and therefore do what you will I believe none but Master Godfreys Testimony and here will I lie if ye finde not for Yates And thus Wacy and Lawrance his companions out of spleen to the sai Complainant would be of the same mindes and these drew the rest of the Jury to give a Verdict in that cause for Yates against the truth Others also testifie the same carriage by these Jurours Upon all which matter it doth appear that Yates his terrifying of Witnesses were not the main charges of the Bill as the Sentence relates And by this also it doth appear that Master Alexander had fully proved the Perjury Subornation and Imbracery But Master Owen Godfrey the Perjurour died before the hearing of the cause and therefore the suborner Yates could not be fined for the Subornation yet by this it doth appear that the said Complainant had more then probabilem causam litigandi and therefore ought to have paid no costs c. 2. 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 to 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 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 in 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 one hundred Marks and to be committed to the prison of the Fleet and the Warden of the Fleet had there taken him into his Custody accordingly Sentence fol. 1 2. Whereas t is alleaged that onely two Witnesses were produced at the hearing those mentioned in the Sentence to prove the said Yates guilty of that offence of terrifying of Witnesses it followed upon this that Master Alexanders Counsel to whom the managing of the Cause at the hearing was left and as is usuall in like cases they began to prove that Charge
he could have proved thus much more to have added to Master Jones his everlasting memory of his service in this particular to his Client that Immediately upon the first Rise of this question he was pleased to make this Protestation That he would spend all his Terms gains but that he would fix the fault and blotting out of those words upon Master Alexander and judge if his proceedings afterwards did not make him as good as his word for which Master Alexander hath cause to thank him for his zeal that he would help him unto Justice were it right or wrong We have a Rule in Law That in matters of contract between man and man committed to writing clausulae inconsuetae semper inducunt suspitionem to adde unusuall and unaccustomed Clauses do beget suspition and it hath been found by experience in common practice That as the devil when he intends to play a master-piece of deceit will then transform himself into an Angel of light so he that is about to cozen most will use the most goodly and specious pretences of all the rest but By their works ye shall know them We use to say also That Generalls conclude nothing How then is it possible to pronounce a man innocent and clear from the least suspition of being privie or consenting unto a thing wherein he hath acted or was his duty to act before all parties therein concerned were heard for to object and this upon no other thing then the Oath of the party himself If Master Alexander had had the same justice at the same time in the same Court in the same Cause for whom there was a great deal of more reason he ought to have been cleared also upon the same ground They were the voluntary Oaths of both of them which equally lay before them in judgement for the clearing of themselves And Master Alexander hath cause to wish he had trebled so much as Master Jones his Terms gains did amount unto if so he could have possibly found out any way to have put himself into the same Scale with Master Jones for the clearing of himself 8. ANd the said Henry Nevile being then likewise present humbly petitioned this Honourable Court that he himself and the said Alexander also might be both sworn upon their corporall-oaths in open Court and examined upon Interrogatories or otherwise touching the defacing and blotting out of the said words that and did and also that the said Master Hooker be likewise sworn to declare upon his Oath what he could say for discovery of the truth touching the matter aforesaid All which were sworn in open Court accordingly Whereupon and upon ublike reading of the said Alexanders Affidavit in open Court wherein and some demands then made by the Court to the said Alexander there plainly appeared a repugnancy to truth wherein he had catched himself and discovered his guiltinesse of the said offence Fol. 4 in the Sentence Is it not something strange that albeit Master Alexander was a castaway and not worthy of like consideration with these men yet that the Master and the man should not have the same measure of justice and that which belong both to one thing were not put both in one Case that Nevile too was not presently upon his Oath also declared to be innocent and free from the least suspition of the blotting out of these two words that and did out of the said Paper-copie of the said John Warrens Deposition And surely there was great reason for the Court to have done so for the said Nevile at that time also if this matter alleadged in the Sentence had been true that such a plain repugnancie to truth had then appeared to the Court wherein Master Alexander had catched himself and discovered his guiltinesse of the said offence for this had made an end of all further question about the businesse the Court might then have dealt with Master Alexander as they pleased without more ado But how comes it about that the particulars wherein this guiltinesse so appeared to the Court at that time were not registred for posterity nor do now appear to make this Allegation good The truth is it is but a meer Fiction some more of Matchivails dirt cast in Master Alexanders face to make him seem a little fouler in the eyes of his beholders for had it been so as 't is set forth in the Sentence no reasonable man can think that Master Alexander could have escaped the judgement of the Court upon that instant without more ado and frustra fit per plura quod fieri potest per pautiora Surely the Lord Keeper Coventry who at that time questioned and sifted Master Alexander in Court as Bran with all possible endeavour to have gained this onely confession from him would have taken the advantage thereof if it had been so which had been instar mille testium to have convinced him and was the thing which was afterwards onely desired to have been drawn from Master Alexander by the further Examination of him before the Judges that very day directed and ordered by the Court for to be done Surely the Officers and Ministers of the Court now banded together against Master Alexander would have accounted it a happinesse of his pen to have catched it the first before it had half fallen out of his mouth and it would assuredly have been inserted in the Sentence with a vengeance to him that no publike Proclamation could have so openly divulged it to the world But that this is in the Sentence also it is no wonder when the whole is but a Recollection of Suppositions inserted in it without ground or warrant And the truth is the matter was made cock-sure in those times what by the power of the said Lord Coventry and Archbishop of Canterbury and other Master Alexanders like potent enemies that this matter should never have been stirred again untill the day of the generall Resurrection as shall more fully appear by that which followeth 9. THe Court was pleased to require the Lord Chief Justice of the Kings Bench and Master Justice Dodderidge both present in Court to take the Examination of the said Alexander Nevile and Master Hooker touching the premises who took great pains herein accordingly and at the earnest sollicitation of the said Nevile on the 7 day of this instant November returned into this honourable Court their Certificate of all their proceedings therein which said Certificate was openly read in Court upon the 10 day of this instant November Upon the reading whereof and opening of the points of the same Certificate by Sir John Finch Knight of counsel with the said Nevile the Court was inclineable to be of opinion that the said Alexander himself was the man that did blot out and deface the said two words that and did out of the said John Warrens Deposition for his own advantage against the said late Defendant Yates Fol. 4. in the Sentence To what purpose had all these further Examinations
been to finde out that thing which in the Sentence is alleadged to have been publikely confessed by Master Alexander in Court before But there was more in it then so they might not relie upon this reed and therefore proceeded further to muster up and gather together what they were able to make some colour at least for a Sentence for they saw all this would not do nor serve the turn there was yet but an inclination to think Master Alexander guilty of doing this thing albeit as much now had been done and that which was done had been canvased as thorowly as was possible in Court to gain a belief and opinion of his guiltinesse But to proceed 10. BUt for that the said Alexander was neither himself in this Honourable Court in person neither had any counsel to speak for him the Court therefore did forbear to give any finall Sentence or Decree therein that day but gave the said Alexander time untill the next Sitting-day to shew cause fi any he had by his counsel or otherwise why the Court should not proceed to Sentence against him for that misdemeanour or in default thereof the Court intended to sentence the next sitting-day at which time the said Alexander was ordered to be present at the Bar in person Fol. 5. in the Sentence Surely no Justicers will give a judgement against any man before they be resolved And all this while appears that some of those Judges were not satisfied that Master Alexander was guilty of any such wrong doing as was laid unto his charge and therefore gave this further time which otherwise they would not have done By this also you may pereceive into what a sad condition and strait Master Alexander was driven that having the supreme Judge and Officers of the Court for his adversaries he could procure no counsel that durst to speak or move in his cause though never so just so were men over-awed or related one unto another in those days that Justice had not his current and free passage especially in that Court and that man must be sacrificed unto ruine upon whom the indignation and displeasure of any such as Master Alexanders adversaries fell And when he that would not comply with the times ti being in any way that might hinder their designes it was cause enough to destroy him And what could Master Alexander now expect but destruction when that thing whatsoever he spake for the justifying of himself had a contrary sense and interpretation put upon it and was inverted to his prejudice Counsel none would nay durst not as they told me once to speak in it for when at first they did a little offer some things cooly and faintly in Master Alexanders behalf and put for triall how it would be relished and received they found it passed by in silence if materiall or themselves dis-regarded for the motion And what wise man will engage himself in such a quarrell where whosoever speeds he is sure to get blowes for his recompence Howsoever it was fairly offered had it been accordingly pursued that Master Alexander should at least have notice of their intentions that they were resolved to proceed to sentence him and that he should be present at the Bar in person to hear his condemnation But now it was well understood by Nevile that Master Alexander was before this time gone out of Town into the Countrey neer an hundred miles from London to search for Letters which he had formerly received of his about the businesse in which he hoped to finde his acknowledgement of doing this thing in manner as Master Alexander had alleadged for which reason all their Forces are set on work for to procure this Sentence in his absence and to raise that as one argument of guilt which was intended to have made his more clear Defence and this he taketh God to witnesse was the originall cause of his leaving the Town after that he had once cleared himself again before the Judges thinking it impossible in his own understanding and so conceived by others of better judgement then his that any such thing as a Sentence could have been once thought upon to have been given against him as his case stood 11. NOw this day was read in open Court an Affidavit of Charles Bagshaw Gent. that he had done his best endeavour to serve the said Jerome Alexander with the said Order and to give him notice thereof for which purpose he had sought him at his Chamber at Lincolns Inne and given unto his Boy or Clerk whom he found in the said Chamber a true copie of the said Order And the said Nevile himself offering to be deposed That he did at the late Lord Chief Justices give the said Alexander himself warning to attend the Court at his peril All which notwithstanding the said Alexander made default and had withdrawn himself as was now informed to this honourable Court Fol. 5. in the Sentence In this it is observable as a Ground That in all Courts of Justice whatsoever the Rule is That no man ought to be condemned or to have judgement given against him for any matter depending in any Court of Judicature but the Order or Processe of that Court is first to issue to give him timely notice of the resolution of the Judges of those Courts to proceed to Judgement at some certain time prefixed that so no man may be overtaken uprovided or without making his just Defence except such party as after notice shall wilfully absent or not provide by counsel or otherwise for to justifie himself in his proceedings and without this many an innocent man would be undone And in case where neither the partie by himself or by his Counsel shall appear to defend himself after such notice and that the warning doth sufficiently appear unto that Court to have been given him according to direction that there be no delay in justice the Court will proceed to judgement without him yet with such caution as if possible they will not do him injustice for his contumacy therein nor will wrong their consciences in the Judgement but will try out the truth howsoever by all means for whatsoever lies before them and therefore in such cases of absence they hear all such Answers Depositions of Witnesses and other matters of Record lying before them to be read which before that time the party hath made for his Defence or that he hath alleadged for maintenance of any Charge in such an Action or Proceeding and will in such case be much more wary and circumspect to promote the truth of whatsoever side it is appearing within the Books then if such party had been present for Judges sit not to side and make parties or to take opportunities to revenge themselves but for to do justice and judgement truely and impartially for justice sake without the respect of persons But then see if Master Alexander have received this measure of justice in this matter concerning him An Order of notice for
a hearing hath been made and that was well but that this was shewn to Master Alexander or that Master Alexander had notice of this Order doth in no sort appear Nor had he any notice thereof for first Bagshaws Oath reacheth no further then unto an Endeavour of service he swears nothing positively to satisfie the Court that it weas done And for what Nevile offered for notice as it is far from truth so also it is so far out of the way of a legal notice as it appears both to be false in it self appearing out of the very Sentence and in no sort to have been credited or believed in case it had been true for this Reason Because it was not delivered upon Oath for a Record against which Master Alexander might have taken his remedy for the falsity of it being untrue But that it is grosly false be pleased to observe Nevile offereth to depose What That he did at the then late Lord Chief Justices give the Petitioner himself wearning to attend the Court at his peril First this must of necessity be in time whiles the Judges were upon their Examinations of the businesse and before they made their return into Court and that was long before this Order was made for this appears to be made at a time afterwards when the said Judges Certificate was returned and had been debated in Court and for that Master Alexander then had not appeared by himself or counsel to make any Defence as the Sentence it self sheweth and therefore at the meeting before the Judges at the late Lord chief Justices Chamber Nevile had no reason nor colour to give any such warning to appear upon an Order that was not then conceived nor was there then any cause appearing for the making of any such Order nor for some time afterwards was it made as is remembred before Besides there was little reason for to credit his Report in his own Cause that stood a visible Delinquent unto the Court and nothing to purge himself thereof but his own Oath admitted against all the Rules of justice and ordinary proceedings in Courts of justice whatsoever So that Master Alexander is condemned without Defence And for Bagshaws Affidvait that it was little to the purpose be pleased to cast your eye upon it as it consisteth in all the parts thereof together In Camera Stell decimo quarto die Novembris Anno secundo Car. Regis CHarles Bagshaw of Barnards-Inne London Gent. aged about thirty seven yeers sworn saith That where by an Order of this honourable Court of the 10 of this instant November day is given to Jerome Alexander Esquire till the next Sitting-day to shew cause by his counsel or otherwise why the Court should not proceed to sentence against him and that he the said Alexander should be present at the Bar in person Now this Examinate saith That on the thirteenth day of this instant November this Examinate did repair to the Chamber of the said Master Alexander in Lincolns-Inne and there knocked at the door but no answer being made this Examinate walked a little aside Within a short space the door was opened and a young man or youth coming out and looking about as it seemed to see who it was that knocked Which this Examinate seeing did ask the young man or youth if he were not Master Alexanders Clerk or man and where his Master was who then confessed that the said Master Alexander was his Master but that his said Master was not within neither could he tell where his Master was And then Henry Nevile Clerk to Master Jones one of the Attorneys of this Court came into the Chamber and asked the said Alexanders Clerk for his Master who returning the like answer as he had done to this Examinate Whereupon the said Henry Nevile delivered a copie of the said Order to the said Master Alexanders man willing him to give his Master present knowledge thereof which he said he would do assoon as he did see him And this Examinate is perswaded that the said Alexander hath had knowledge of the said Order his man faithfully promising to deliver it so soon as he could Both this Examinate and the said Henry Nevile charged him so to do and telling him how much it concerned his Master to take notice thereof Jo. Arthur Dep. Ep. per Aylewry Thomas Talbot of London Gent. doth depose That this writing is a true copie of the Affidavit therein mentioned examined by the original Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche This Affdavit how cunningly soever penned by Master Nevile and that he hath carried himself in it yet is no good service of the said Order as hath been observed before for Nevile well knew Master Alexander was at this time and above a week before out of Town when he went with Bagshaw to make this service upon the said Order to Lincolns-Inne And in all cases of this nature where a like Order or Processe is served to cause any to appear to hear Judgement it ought to be first made clear unto the Court that the party to be served if possible hath had personall notice before they proceed to sentence it being so penall as aforesaid And if it be not a personall service made yet then that there be such a service made appearing unto the Court as by infallible consequence the party must have had knowledge of it in convenient time to prepare himself for his Defence for in matters of giving judgement it is not as in other ordinary Cases of serving Processe to answer Bills or interlocutory-Orders where if by a mistake or pressing the service beyond the truth the party fall into a contempt of this he may purge himself upon his Oath upon Interrogatories according to the usuall course and so be set Rectus in Curia again and have repair made him without detriment to his Cause But where Judgements or Sentences are to be given either in the Courts of common-Law or Equity or Star-Chamber there if for want of notice or that upon a false service of Processe presented to the Court the Court proceed to give judgement against the party there is no such Remedy to be had nothing but a Writ of Errour or Bill of review or reversall of such Judgement or Sentence can restore the the party again to what he hath thus lost or shall suffer by it and such Judgement or Sentence may possibly in such cases be so legally founded that they cannot be avoided by any such way neither and yet such parties may possibly have had such matter of fact to have shewn for themselves upon those hearings if they had been heard as would have acquitted them The service of this Order by Bagshawe you see what it is His repair to Master Alexanders Chamber unto Lincolns-Inne where Master Alexander was not and who will be deposed that he was gone out of Town about his occasions aforesaid above a week before in the Countrey
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
search and look over And before that Nevil did understand that Master Alexander was gone out of Town he stirred very little in the businesse but afterwards he procures the Certificate from the Judges to be returned which bears date the 7 of Novemb. 2 Car. then the 10 of November following he procures it to be read and debated in Court and the 17 of November following he procures the Cause to be heard So that in seven days time before it was possible for Master Alexander to ride down to his house in the Countrey being 100 miles from London and return again he had procured the Sentence to be given in his absence without any defence And what justice there was in this Proceeding let any man judge Thus all things you see are done sutable to one another And that it may appear to be no fiction for the Cause of Master Alexanders journey then made into the Countrey be pleased to observe a Letter of Nevils written to him concerning this businesse which he found at that time amongst his papers To his assured good friend Master Jerome Alexander at Walsingham give these M. ALEXANDER I Never heard from you by Letter since you went down untill about a fortnight since I received one by the Foot-Poste by whom I did return you Answer and did expect to have heard from you this last week but it seems it was not come to your hands when you writ this last and since that time we have had no seal nor shall have any till Friday next Master Gay is not in Town but so soon as he comes up I will take a course with him that shall be fit Concerning Grout you shall receive your Subpena's so soon as I can get them sealed and hear of a fit Messenger And so with remembrance of my love I rest September 13. 1623. Your assured friend ever to command Hen. Nevil Which Letter you may perceive was the Answer of a former Letter written by Master Alexander unto Nevil Wherein be pleased for to observe That Nevil answers a part of Master Alexanders said letter concerning Master Gay which was the Examiner of the Court named in the Sentence that took those Depositions And the truth is that Master Alexander having left this Deposition with nevil to be examined with the Record when he left the Town He promised to do it and to write Master Alexander word thereof into the Countrey Which he having for some time neglected to do Master Alexander wrote unto him to put him in minde thereof and desiring to be satisfied how it stood with the Record In Answer whereof he writes that Master Gay is not in Town but so soon as he comes up I will take a course with which was To examine the Deposition with the Record for at this time Master Alexander had nothing more to do with Master Gay publication being past and the copie of the Books taken out in the later end of Trinity-Term before And when Master Alexander afterwards came to London Master Nevil then delivers him the copie of the Deposition and says he had made it to agree with the Record in manner and form as hath been formerly informed and from that time untill secundo Caroli that the Cause was heard the Books were laid up and never looked upon by Master Alexander which was for above three yeers space And this is the very truth concerning this particular And truely you may perceive by that which hath gone before that albeit Master Alexander did not go away for any such reason that he had to fear the justnesse of his Cause yet if he had been tzed as Laban did Jacob to have fled away secretly Gen. 31.27 he might well have answered with Jacob to Laban he had just cause to be afraid Truth it self may sometimes seek corners not as fearing her cause but as suspecting her Judge and therefore flight is not always an argument of guilt but there onely where the person declines his Triall altogether for after defence made by any person to any Accusation in any Court of Justice and that an Issue is joyned upon the proceedings and the matter made ripe for hearing now that the Court is thus possessed of the Cause and have an ordinary way for to bring such a matter unto judgement the parties absence cannot be said to be a fleeing from justice for now the Law will proceed notwithstanding and subject both his person and estate unto such a Sentence if there shall be found cause to order any thing against him this being presupposed That if possible he may have notice of the day of hearing to make his just Defence that so he may not be surprised and overtaken unawares Nor did the said Nevil prosecute Master Alexander for this offence but was prosecuted by him foroffending as he did as the proceedings manifest unlesse that his surprising him thus in his absence and without defence may be called a prosecution which was a persecution rather 15. THis honourable court was clear of opinion that the said Alexander himself was guilty of that foul misdemeanour and offence of defacing and blotting out of the said two words that and did out of the copie of John Warrens Deposition for his own advantage and ends against the said Yates whereby this honourable Court was misled in their judgement in censuring and condemning the said Yates as afore is declared Fol. 6 in the Sentence It should seem their judgements which upon the first debate of the Judges Certificate were but inclineable to be of opinion that Master Alexander should have blotted out those two words in the Paper-copie of the said John Warrens Deposition were now brought about without any other Reasons given the before to be absolutely resolved therein A good fore-man of a Jury we say is able to do very much with his fellows But if the Court were so resolved you may well perceive how some of them were misled therein and how it was brought about that they became to be so mistaken And if the Court had been thus misled in their judgements in censuring and condemning the said Yates they were not long out of the way an hours time was the most of their abberration by their own acknowledgement for in such a space they dissolved all again that they had done before and for so little a time of restraint they rewarded Yates very well For besides that upon no terms the Lord Keeper Coventry would hear of any thing that might make out to continue the Censure against him Notwithstanding if the said John Warrens Deposition to that 39 Interrogatory had been set aside yet the Court absolutely dismissed him with 130 l. costs that ought to have given Master Alexander twice as much with 1000 l. damages that he had sustained by his means in the prosecution of that Suit against him at that time if to have done justly 16. ANd have therefore Ordered Adjudged and Decreed the said Jerome Alexander for his said foul offence and
misdemeanour well worthy of sharp and severe punishment for the same and that he shall be utterly disabled to practice as a Counsellour at Law publikely at the Bar or privately in his chamber holding him not worthy to be of the Society of Lincolns-Inne whereof he was a Member have therefore left him to the consideration of the Governours of that House and to pay a Fine of 500 l. to his Majesties use be committed to the prison of the Fleet and before his enlargement out of prison shall publikely at the Bar of this Court in humble and submissive manner acknowledge his great offence against God and to this honourable Court and shall shew himself very pentient and sorrowfull for the same And this honourable Court pronouncing the said Nevil to be clear and free from committing of the said offence of blotting out the words of the copie aforesaid and gravely considering the great trouble losse damage and danger which the said Nevil hath been put unto for the clearing of his reputation in his service to the Court in defence of his own innocency in this Cause and in prosecuting and bringing to censure the said Alexander for the same his great offence and misdemeanour have therefore further Ordered Adjudged and Decreed that the said Jerome Alexander shall satisfie and pay to the said henry Nevil for and towards his losse and damage in that behalf the Sum of fifty pounds of lawfull money of England Jo. Arthur Dep. In this catastrophe and Close of all you may behold a Tragedy acted to the life a poor Gentleman so destroyed as is without all president or example wherein contrary to the greatCharter he hath suffered without mercy or moderation his Estate his Profession his good Name his Wife and Children and all hopes and comforts taken from him but his life at one blowe and that in all outward appearance made so miserable as it had been btter for him that that had been taken from him also for then his sorrows and miseries had been at an end But being thus bereaved of all Society and means of subsistence for the future it must needs subject him unto the contempt and scorn of all his friends and others whatsoever and drive him into despair of ever looking up into the world again And no sooner was this Sentence past but presently aterwards upon that Item thereof made in the said Sentence to theGovernours of Lincolns-Inne they taking all for granted and for truth that was contained therein without ever fearching into the cause thereof further or hearing of Master Alexander in any thing what he could say for himself made the Order following Lincolns-Inne Ad Consilium ibid. tent vicesimo primo die Novem. anno regis Caroli secundo At the Conncel it is ordered That Jerome Alexander one of the utter-Barresters of this House shall from henceforth stand expulsed this Society for sundry foul misdemeanours and crimes by him committed of which he hath been publikely detected and convinced And the chief Butler of this House is to cause his Studie-door to be nailed up or otherwise to be kept fast and likewise his Goods in his Chamber to be seized and kept safe untill the House be saisfied all Duties and Forfeitures any ways owing or due by him for Commons Pensions Vacations Chappel Cellar or otherwise Edward Byshe Custos nigri Libri Thomas talbot of London Gent. doth depose that this Writing is a true copie of the Order made in Lincolus-Inne against Mastere Alexander being examined by the Book of Orders of that time by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche Which without delary was put in execution and his Chamber taken from him albeit at that time he was indebted nothing unto the House for any Duties or Forfeitures Commons Pensions Vacations Chappel Cellar or otherwise Now here it was not an open enemy that did me this dishonour for then I could have born it neither was it mine adversaries that did herein magnifie themselves against me but they were my companions my guides and mine own familiar friends that took counsel together and walked in the house of God as frinds Psal 55.13 14 15. Yet that God that always takes care of his and never fails to protect the innocent so provided for him in this extremity that within a short time afterwards he gave him such an unexpected being as he must needs confesse he had perished if he had not been undone which no sooner was understood by his adversaries but they began to pursue him again afresh and making use of this Censure do labour with it to crush him in the shell that so he might not rise up in judgement against them for this injustice untill the later day and in the next place this Fine of 500 l. must be begged of the King as by the letters Patents thereof granted unto Mastere Fulwood then Secretary Cooks servant doth appear CHARLES by the grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Treasurer Chancellour under Treasurer Chamberlains and Barons of the Exchequer of Us our Heirs and Successours now being and that hereafter shall be and to all other the Officers and Ministers of Us Our Heirs and Successours of the said Court of Exchequer and of the Receipt there now being and that hereafter shall be and to all other to whom these presents shall come greeting Where as in Our Court before Us and Our Councel in the Star-Chamber in a Cause there late depending by judgement of the same Court Jerome Alexander Gentleman was amongst other things censured to pay unto Us a Fine of five hundred pounds assessed upon him by the same Court for certain offences misdemeanours and contempts by him done and committed which Fine hath been estreated into Our Exchequer And being informed by the humble Petition of Humfrey Fulwood Gent. that the said Jerome Alexander immediately thereupon made away all his estate and fled into the parts beyong the Seas where he ever since hath and still doth remain and that Our Officers having by all means possible endeavoured the recovering of the same could never finde any estate and since have returned the same Nichelled into the Exchequer as by the Record of that Court will appear and that since the Nichelling of the said Fine he also to whom We had granted the recovering of all Nichelled Fines hath spent six yeers thereabouts and hitherto hath recovered no part thereof So that We without some extraordinary means and endeavours to be used are likely to lose all In consideration whereof and that the said Humfrey Fulwood well hopeth by his industry pains and charges to recover the same or the greatest part thereof he hth humbly besought Us to be graciously pleased to grant unto him the benefit of the said Fine he paying into Our Exchequer the full fifth part of that he shall recover Know ye that We in consideration of the premises and of one hundred
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
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
of Reformation both in Church and State the sole aim of his intentions and Byas of his actions and in the prosecution hereof hath never swerved to the right hand or to the left for his part hath still enclined that way which his judgment hath led him unto and that might promote this the best and bring it unto perfection with most expedition and hath been ever of this opinion to love truth though in the coursest garments he hath never been so far wedded to his will but that he could submit to any one when convinced with reason and if upon good grounds he hath conceived any one of what Nation soever better able to do the work then his own Countrey-man he hath preferred him in his esteem as fittest to beimployed in such a time as this all punctillio's of honour and by-respects whatsoever notwithstanding he hath not clawed any one with Court-holy water smooth language whom he hath understood to have been an enemy to this Cause of God of what quality or condition soever but hath delivered his sense freely in those things wherewith he hath been trusted whosoever hath opposed it though veritas odium parit he hath not acted for his own interest wherein he hath been employed otherwise then involved in the same generall Cause with all others knowing that if the Publike suffers it is not any mans private interest that can be considerable He hath not been craving the employment wherein he hath laboured all this while nor hath had other Reason to move him to it but a free Calling and his earnest defires affections to advance the businesse He hath not been led to this by a popular spirit or from a desire any ways to lift himself up in the opinion of the world and shall be as well content to rest from his labours as he hath been for to perform his duty if he shall be once by the same power set aside as uselesse and unserviceable by which he acteth and by which he was called to it he hath neither gained nor claimed 40000 l. for his service but hath lost a Fortune by the Rebellion in Ireland worth half that same and all the Estate he had and therefore hath deserved some consideration and yet whereas others have tasted liberally of the bounty of the Parliament out of those Collections made for the relief of the poor distressed Protestants in Ireland hee hath yet never received peny of that Charity nor hath in the least been burthensome to the Parliament but hath lived by that which he hath truely laboured for and spent as much more in their service that hath been given him of his friends Hee hath not been Linsey-Wolsey in his Religion nor hath professed to more sides then the right so neer as he was able to apprehend the truth for to support him in any action or thing that hath not been just and equitable nor hath he by a specious and seeming sanctity endeavoured to cover over a double iniquity hee hath not filled his purse with unlawfull gain nor hath kept from others that which is their due when power and menas and that which hath been rightly belonging unto such hath been put into his hands for their satisfaction nor hath complained nor made use of the necessities of others to supply his own occasions whiles these indeed have been in a starving and perishing condition he hath had neither place nor Office under colour whereof he could fill his Coffers and yet never do duty nor wait upon the service He hath hated to bee accompted a common liar or a slanderer of his neighbour Hee hath not maliciously endeavoured any mans ruine nor hath whispered in secret that of any man behind his back which he hath been ashamed to justifie unto his face he hath not been like a wilde Asses Colt that hath kickt the dam that hath given it suck he hath not deceived the trust reposed in him nor been but what he hath seemed to be he never was accused to have laboured for the enlargement of any Rebel under colour that he should do service for the Parliament he never held Intelligences with any the Parliaments opposites in Oxford nor else-where he could never fawn like a Spannel flatter like a Fox imitate like an Ape change like a Camelion nor devour like a Lion and if it were not that he hates to be the Trumpet of his own praise he could say something of himself which he will therefore forbear onely relate all in this one generall that he hath never been wanting to contribute whatsoever hath lyen in his power and within the Verge of his profession to promote the welfare of that and these Kingdomes and hath spent many houres and dayes and moneths some years in managing those affaires and amongst others hath served the Parliaments commands therein faithfully and constantly and with so much successe as the distraction of the time the Cessation of Armes there in Ireland and the great opposition which he hath met withall in these proceedings would permit and suffer and because he hath been charged that he hath endeavoured heretofore to have drawn over the monies collected for the poor Portestants in Holland hither thereby to have diverted that charity into another channell and by the imployments of the monies here to have advantaged some mans private interest he doth professe he hath been so far averse to that way as understanding from the first that it was the intention of the Donours of that liberality that it should be onely sent over for Ireland in Victuall that with the rest of the Committee at Grocers Hall he hath laboured to keepe a right understanding therein with the States and Classes of the Low Countries and to prevent all suspitions of mis-applying their bounty otherwise than they intended it and when some letters were written over by some from hence to that purpose which staggered them in their said proceeding the said Committee of Grocers Hall so carefully waded in it with them as they took off the jealousies thus raised and have procured a large collection and contribution there which hath been sent in Victuall to the poor Protestants in Ireland amounting unto neer 30000. l. which hath been such a Reviving unto them as some of them of Ulster have professed that they had not otherwise been able to have subsisted all this while and if any such thing hath been doen surely it hath not been by the Committee of Grocers Hall or Master Alexander as the ensuing Order may possibly manifest which was directed to Master Deacon Clerk to the said Committee of Adventurers to have taken the businesse out of their hands Committee of the Affaires of Ireland Die Jovis viz. 29. February 1643. VVHereas the Letters Orders and other Accompts and Papers which concern the Contributions for Ireland in the United Provinces in the Low-Countries and the disposall of those Contributions have been by former Order of this Committee required to be brought unto them