Provided also That if the said severall Suns of five hundred pounds and fifty pounds or either of them hath not been satisfied as by the said Petition is suggested that then these Presents shall be void any thing herein contained to the contrary notwithstanding Although expresse mention of the certainty of the Premises or any of them or of any other Gift or Grant by Us or any of Our Predecessours to the said Jerome Alexander heretofore made in these Presents is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordained or provided or any other thing cause or matter whatsoever in any wise notwithstanding In Witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Self at Westminster the fourth day of December in the ninth yeer of Our Reign Per Breve de privato Sigillo Wolsley And lest you should suspect that Master Alexander hath spoken much of this without-book and without ground of the said Lord Coventries carriage towards him in this matter by his continuall interrupting His Majesties grace and mercy towards him for some yeers together be pleased to read the following Affidavit which Master Alexander hopeth will satisfie the truth of his Allegations EDward Havers of Windfarding in the County of Norfolk Esquire deposeth That not long after the Petitioner Jerome Alexander was fined in the Star-chamber by that Sentence against which hee now complaineth this Deponent heing Uncle to his Wife and understanding that the Lord Coventry late Lord Keeper was an heavy enemy to the Petitioner in that businesse and desiring to get him a Pardon of the Sentence did endeavour first to prevail with the said Lord Keeper that hee would not oppose the passing of the said Pardon in case the Petitioner could obtain it from His Majesty and to that purpose the Deponent made meanes to the said Lord Coventry by Sir John Hare Knight the said Lord Keepers sonne in law who laboured in it accordingly as hee told this Deponent and perswaded the said Lord Coventry in the Petitioners behalf But the said Lord Coventry as the said Sir John Hare told this Deponent would not bee perswaded to it but used these words to him saying Sonne there shall never any Pardon passe the Seal for him meaning the Petitioner whiles I am Keeper of it which for that time put this Deponent out of all hope to obtain it yet shortly after the fine was begged by one Master Fulwood and passed under the great-Seal who was compounded with for the said Fine and Nevil for his fifty pounds and Yates for the Costs And when this Deponent attempted again to get a Pardon of the residue of the Censure that so the Petitioner might have liberty to Practise and used the Earl of Dorset to move His Majesty in the Petitioners behalf to obtain the said Pardon who did so and the late Lord Faulkland also joyned in that Suit to His Majesty for the Petitioner But the Lord Coventry still opposed it albeit the said Earl of Dorset begged it at the Princes birth as a Boon from His Majesty at that time and so it rested till His Majesty went into Scotland and there againe this Deponent petitioned His Majesty at His Coronation there for the said Pardon and procured the late Lord Treasurer Weston to move in it for the Petitioner But His Majesty remembring what the said Lord Coventry had informed him against the Petitioner notwithstanding all the meanes that could be made refused it Yet after His Majesties return from Scotland this Deponent did again sollicite His Majesty by petition in the name of the Petitioners father in law this Deponents brother and then again this Deponent procured the Earl Marshall and Earl of Pembrook Lord Chamberlain to move in it for the Petitioner who did so and with great sollicitation did obtain a Reference upon the Petition and afterwards a Grant that a Pardon should passe And then this Deponent laboured by Master Thankfull Fruen the Lord Coventries servant to perswade his Lord not to oppose it who told this Deponent that he did labour his Lord the said Lord Coventry that he would suffer the Pardon to passe who as Master Fruen told this Deponent did deny to yeeld to it and said to him again It should not passe the Seal so long as he kept the great Seal or words to that effect and then as Master Fruen informed this Deponent he told his said Lord that he would be commanded to doe it against his well and therefore it were better his Lordship would do it willingly but the said Lord Coventry would not be perswaded by him and at length Master Noy then the Kings Atturney perswaded the said Lord Coventry to seal the Pardon as this Deponent verily beleeveth For this Deponent applying himself to the said Master Noy and telling him how the said Lord Coventry had before opposed it and that he would oppose it The said Master Noy told this Deponent that he would warrant this Deponent the said Lord Coventry would then be of another minde And the said Master Noy being at the said Lord Coventries at a Seal when the Pardon was to be sealed did whisper the said Lord Coventry in his ear and so at that time it was sealed with that Condition That the Petitioner should not practise as a Counsellour at Law in England as is contained in the Pardon Jurat 17 Junii 1643. R. Riche And now after all this a man would have thought that Master Alexander should have been at some rest and quiet from further trouble in this businesse But afterwards it so fell out as that he being entrusted by the Earl Marshall of England in the managing of a Suit which his Majestie had given him for such Lands in Ireland as were his and his Ladies Ancestours and to which he could make out a good Title for the King which when he had waded in so far as that he had made it to appear unto the then Lord Deputy the Earl of Strafford that a good Title would be found for his Majestie to a great quantity of Land which had sometimes been the Inheritance of the Earls of Norfolk and Shrewsbury covetousnesse and something else now made him the said Deputy to cast an eye upon it for himself and lying all not far from Dublin within the Province of Leinster where the said Earl of Strafford had gotten some footing before first his Lordship did labour with the Earl Marshal to have quit his pretence unto it alleadging that it would hinder his Majesties designes of raising a Revenue in that Kingdom unto the Crown and would be otherwise of differvice to the State with other like Objections with which he so prevailed and with other Insinuations and promise of service to the Earl Marshal in other things that he had almost perswaded him to give over his Suit And in the mean time the said Earl of Strafford had procured Letters from his
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 though it be commonly presumed a man will be for the most part at his own house which is his Castle for to manage his estate and to provide for his family there is no such intendment or necessity of a mans being at his chamber in another place remote from his dwelling-house as this was neer 100 miles distant and therefore the leaving of this Order in a case so penall at his chamber here in London where he was tied to no constant residence but might stay and be gone again at his pleasure without precise proof of his being there and personall notice before the hearing was no such service of that Order as did warrant that Court to proceed to Judgment against him in his absence and without defence Again observe albeit in the Setence it be expressed that a copie of this Order was left with Master Alexanders Boy or Clerk at his chamber at Lincolns-Inne yet the Affidavit of Bagshaw says not so for he swears onely He gave it to a young man or youth of whom he enquired if he were not Master Alexanders Clerk or man and where his Master was who then confessed that Master Alexander was his Master but that his said Master was not within neither could he tell where he was But his saying so doth not make him so if in truth he were not so and all this doth not prove him to be so So t is clear Bagshawe knew him not to be Master Alexanders Clerk or man and Master Alexander had more chamber-fellows that had Clerks and men then in Town to whom it was certainly delivered by some willing mistake to make thus much of it in colour for the hearing And what Nevile delivered who was this Bagshaws setter was still but to this mistaken Clerk or man and therefore no whit to have been regarded for such a service Nor was it Bagshaws belief of notice nor Neviles charge to that Clerk or man to deliver the said copie of the said Order to Master Alexander that therefore concluded He had notice or that it was delivered unto him accordingly as it was not And if it had been Master Alexanders Clerk or man Nevile knew him and his name for Master Jones saith He attended with the Books at the hearing of the cause against Yates and that he took the said Deposition of John Warrens for him and shewed it to the Lord Keeper Coventry Other Clerk or man Master Alexander had not and if it had been he Nevile would have caused him to have been named for he had a Christian-name and Sir-name but was not then in Town as Master Alexander believeth So it is likely they set up a man of straw and killed him when they had done either feigned the being of some such man or Clerk there that was not or delivered the same to some man or Clerk that was no man or Clerk of Master Alexanders and by a willing mistake made this use of it to condemn him in his absence Howsoever it was no good service in it self for the reasons aforesaid and the Court was abused by inserting in the Sentence either what Nevile voluntarily affirmed clean from the matter and that Bagshaw should depose that the copie of the said Order was left with Master Alexanders Clerk or man which he did not swear at all And of necessity must Master Alexander make default at the hearing when he was so long before gone out of Town and had no manner of notice nor could have notice possibly of the said intended hearing And for his withdrawing himself you have heard the occasion and when and therefore no ways worthy of blame or that any use ought to have been made of it to his so great disadvantage 12. 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 Recorder 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 as well by divers apparent contrarieties between the said Alexanders Affidavit before mentioned and his Examination taken upon his Oath before the Judges as by divers other pregnant reasons and circumstances conducing to prove him guilty of this great offence Fol. 5. in the Sentence Master Alexander doth appeal herein to all practisers in these Courts if in their whole times of their practice they have never known any man to be fined upon such Generalls which imply no certainty of any thing For to say it was so because it is related that it was so in the Sentence without shewing wherein or how I believe is a President without Example to convict any man of such a crime But that this is a false Allegation as you have heard the full effect of Master Alexanders Affidavit recited almost Verbatim in the Sentence before so now be pleased to read the same Certificate which followeth in haec verba In Camera Stell 7 die Novembris anno 1626. secundo Caroli Regis The Certificate of Sir Randal Crew Knight Lord chief Justice of his Majesties Bench and Sir John Dodderidge Knight of the Justices of his Majesties said Bench between Jerome Alexander and Henry Nevile ACcording to an Order of this honourable Court of the 27 of October last we have examined the parties concerning the blotting out of two words in the Deposition of one John Warren viz. that and did being for the advantage of the Plaintiff Alexander And we have likewise examined Master Hooker one of the Attorneys of this Court Gay the Examiner that took the Examination and Wright the Clerk that wrote them being both dead Nevile denieth the altering of Warrens Deposition and saith He never saw it from the time it was first taken out till it was read in Court He denieth that either he or any other to his knowledge did alter the same and that he never examined the copie with the Original neither did the Plaintiff ever leave the same with Nevile to be examined He denieth the having of any Reward for Examination thereof for he was never required to examine the same Alexander denieth expresly the alteration of Warrens Deposition or that it was done by him or by any other by his procurement He saith He went to Master Hudson to peruse his Depositions being of Counsel with him And that the Deposition of John Warren when Master Hudson perused the same was without any blotting or alteration and that the two words that and did were then fair in the same copie not scored nor blotted And Master Hudson told him upon perusall of the same That it was but upon hearsay and made not for him Whereupon this Examinate told him That divers were present at an Arbitrement intended when it was spoken precisely by Robert Warren and not by
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
Majestie and issued out Commissions to entitle his Majestie to these Lands as derived from the Earl Marshals and his Ladies Ancestours which M. Alexander had discovered And having found one Territory thereof but not the tenth part thereof afterwards procured more Letters for to passe the same to others at a small Rent under a hundred pounds per annum which was no lesse in value then between three and four thousand pounds per an Which M. Alexander perceiving informed the Earl Marshal thereof and of the true state of things Whereupon his Lorship finding himself thus injured and abused by the Earl of Strafford did labour his Majestie that he might go on with his Suit for those Lands and did proceed so far as that many of the terre Tenants the ancient Natives who had been in possession by intrusions by them and their Ancestours for many Generations some hundreds of yeers Master Alexander had so satisfied them in the weaknesse of their Titles that without more ado the chiefest of them began to surrender and did surrender their estates into his Majesties hands with intent that they should be granted to the said Earl Marshal and his Heirs according to the Tenour of his Majesties Letters in that behalf and were resolved to stand to the said Earl Marshals courtesie for new Grants to hold of him and his Heirs Which thing when the said Earl of Strafford perceived and that the Earl Marshal having gotten this footing the said Lord Deputies project therein concerning himself to get those Lands would be at an end and so he was not onely like to have too powerfull a Neighbour but his actions must thereupon be sifted and discovered in that wherein he had broken both trust and all bonds of friendship with the Earl Marshal now he the said Lord Deputy saw he had no other way to acquit himself but either to gain Master Alexander unto his party or by crushing him altogether that so he might be quitted of him he therefore attempted first by all expressions of favour towards him to win him and at all places and in all cases where he might shew him countenance he did it for a time till he perceived that nothing could take him from his duty or to violate the trust the Earl Marshal had put in him but found that Master Alexander the rather proceeded with the more zeal and earnestnesse in that businesse then before and by this opportunity was able to have done the said Lord Marshals businesse without him when he thought t was high time to turn about and that speedily or it had been too late for all the possessours of those Lands were resolved to have made the like surrenders of their estates as their neighbours had done before into his Majesties hands c. Whereupon spirits were raised up to fined out other particular interests and claims of private men which were set on foot against the said ancient possessours and albeit without colour or shadow of Title yet it was enough to embroyl the businesse and for to hinder the Earl Marshals smoother proceedings and now a Bill was first brought against these Gentlemen for no other cause but for making these Surrenders of their estates into the Kings hands And because it was pretended to be done in prejudice of those claimers that had no colour of right yet for this and no other thing were they grievously fined and censured in the Castle-Chamber there for thus giving away their own Lands unto the King and the Court of Wards and all Courts there were now filled with Suits against the Occupants and their estates and possessions ordered from them and they outed of their Interests which they and their Ancestours had enjoyed for some hundreds of yeers before and in this time they could get no Lawyer to plead or speak for them but Master Alexander for which cause the said Lord Deputy had wrought all the Judges some few excepted that were just men to disfavour him and fix whatsoever upon him to disgrace him when he came in their way also whomsoever he was that would complain against him had the said Lord Deputies ears open and his creatures too more ready to receive then any of them could possibly be for to petition against him And thus Master Alexander had almost enough to do to make his own Defence against such clamours and false things which were thus received against him whereof he still cleared and freed himself but without any recompence of his losses and damages thereby sustained and without all repair for the base scandals were thereby put upon him whereupon he perceiving himself thus resolved and destined unto ruine by some one means or other were it right or wrong and having understood out of his Lordships the said Lord Deputies secret Closet that he had assuredly purposed and determined to ruine him therefore foreseeing the danger M. Alexander prepared the best he could for to prevent it and now by the opposition that was between them by which means those that were in like manner oppressed did still repair unto Master Alexander for advice and counsel he understood the most of his wicked actions and observing his ways against others and that there was no fence for him to save himself whom he purposed for no destroy therefore Master Alexander came for England and yet without his Passe which was the thing he stormed at having before this time made an Act of Common-Councell which he declared should in all tings be as binding as a Statute-Law That no Subject of Ireland should come for England or go elsewhere beyond the Seas without his special License which when any endeavoured to obtain at his hands against whom he had any thing to say he must be sure to ask and go without howsoever if he had no fair pretence yet then it must be delayed at the least so long untill some way or other was found out to obstruct his passage and so enthrall and trouble the Passenger as ruine was the end at last against whomsoever his displeasure and indignation did arise And if it did so fall out at any time that any man had obtained his Majesties Letters to him requiring his permission to let him come for England he would notwithstanding hinder him if he were such a one as he had no minde to let depart or whom he feared might tell tales at Court therefore Master Alexander procured the Warrant following for his repair into England and made use of it for his coming away accordingly To the Lord Deputy of Ireland RIght Trustie and Right Welbeloved Cousin and Counsellour We greet you well Whereas Our Right Trustie and Our Right Welbeloved Cousin and Counselour Thomas Earl of Arundel and Surrey Earl Marshal of England hath especiall occasion for the service and employment of Our Subject Jerome Alexander who is now residing in that Our Kingdom and hath therefore desired Us that he may have Our especial License for his repair hither into Our Realm of England
Letters and being informed from the Bearer of Master Alexanders abode in the Countrey my Answer was That at his coming to Town the businesse should be dispatched After I have certified you very truely the Letter came not to my hands before the sixth of this Moneth and that he was seen in London the ninth of the same it will easily and plainly be gathered the Gentleman was gone before he vouchsafed so much as to deliver me the Letter And yet I attribute it rather to height of minde and stomack then to his over-dilgence thus first and last to over-run the Constable Again out of my Duty to the orderly and comely proceeding of these Affairs admit me to observe the ill consequence I fear must follow such an ill Instance as this as well in the generall as in this particular In the generall we shall be sure to have Suiters enough in this kinde if that they may thus procure not onely leave to go over but Protections Royall also which may free them not onely from the Civil demands of the Subject but from any Criminall Prosecution against them on His Majesties behalf and not onely so but that the Kings Deputy must be enjoyned to take course for every private mans businesse that hath or may have enough of his Majesties to attend besides And in this particular I know not how it might be thought His Majestie had been informed to give such an especiall and gracious Protection to a person that was but a few yeers since publikely sentenced and branded for a foul and corrupt Forgery in the Starre-Chamber of England So as it is truely to be wished the Gentleman may prove more faithfull to his Lordships commands and services hereafter then in those times it seems he was either to his own conscience or credit And lastly give me leave to acquit my self upon this occasion of a severity imputed unto me by the ignorance and malice of some as if this restraining of mens going over without Licence were a new-found holy-day of mine own and first introduced by me then which God wot nothing more grosly mistaken for it is most plain that by the ancient Law I was penally imposed upon this subject which appears by the Statute in this Kingdom of 25 of H. 6. cap. 2 and 9. which reciting That hereafter no Liege-mans Lands should be seised though out of the Land if so be it were by the Command of the King his Lieutenant c. implies That before that time if they had gone of their own heads their Lands were then and still are to be seised into the Kings hands Next in reason of State and Government it hath always been so declared and practised by many Acts of State and all the Governours successively it being in truth most dangerous to the Crown of England That this subject so much addicted to hold Intelligence and forraign dependances abroad should have liberty to be transported as they list without giving any account at all of themselves to the present Governour And in the last place as a matter much conducing to the good and quiet of this Kingdom they themselves in their twelfth Article of Graces beseech the King it may be so continued And his Majestie by his Princely Answer assents and enjoyns it to be so practised and observed So as after all this there must be many better tokens then any as yet I have heard before the childe can by any interepretation be taken or believed to be mine And thus in all humility I submit the consideration hereof to his Majesties wisedom best able to discern an inconvenience and seasonably to apply the proper remedy resting Your faithfull humble servant Wentworth Dublin this twentieth of November 1637. Received the seventh of December By which you may perceive Ovem in fronte Vulpem in corde gerit he pretends fair but meant nothing lesse then what he said all his endeavour was to have Master Alexander sent to him back again with a Rod at his back as the Earl of Kildare was of whom he gives instance for that purpose But His Majestie having read the Letters was displeased for a time and caused Master Alexander to be committed to the Fleet for this notwithstanding he had His Majesties own License for his coming over And well it was for Master Alexander that he was so imprisoned for though it was conceived too much punishment for so small an offence yet it stopped the Earl of Straffords mouth from all further complaint against him or otherwise he would never have left till he had gotten him to have been sent over back again for Ireland and left unto his mercy You may also perceive how willingly he was mistaken falsly to scandalize and traduce Master Alexander unto His Majestie in the matter of this Sentence terming the Accusation Forgery which he well knew was not so having had a finger in the businesse long before but did it purposely to lay a block in the way of Master Alexanders preferment fearing lest Master Alexander by his friends might procure something of his Majesties Gift that he would not have been well pleased withall and if he and his best friends had not bestirred themselves quickly and to purpose Master Alexander had been so placed by him as must have offended him to the heart which place to have been setled upon Master Alexander he would not have much cared either for his power or anger For the manifestation of this truth also be pleased to see the Warrants for his Commitment and Discharge THese are to will and require you forthwith to receive into your Custodie the body of Jerome Alexander Gent. herewith sent you and him to keep in your Custodie till you shall receive Order for his enlargement And hereof you are not to fail Dated at Westminster 18 Feb. 1637. To the Warden of the Fleet and to his Deputy FRA. WINDEBANK Vera Copia examinator per Tho. Revel Cler. de le Fleet. WHereas by His Majesties Command I committed to your Custody the body of Jerome Alexander His Majesty being graciously pleased that he shall be set at liberty These are therefore to require and authorize you forthwith to enlarge and set at liberty the said Jerome Alexander for which this shall be your sufficient Warrant At my house at Westminster the 15 day of March 1637. To my loving friend the Warden of the Fleet and to his Deputy and Deputies these FRA. WINDEBANK Vera Copia examinator per Tho. Revel Cler. de le Fleet. Thus far you may perceive what oppression Master Alexander still endured by he opposition of these great Favourites of those times yet still God delivered dim out of all But the said Earl of Strafford growing still into more and greater favour with his Majestie every day then other as the businesse he laboured in grew riper and neerer execution And Master Alexander perceiving that albeit the late Lord Viscount Loftus of Ely sometimes Lord Chancellour of Ireland the Lord Mount-Norris
now Viscount Valentia Sir Frederick Hamilton Knight and others had against him to be heard in the foulest and most palpable and grosse injustice and wrong done them that ever was done or heard of to be done in a Civil Common-wealth and yet could obtain no right or redresse of their injuries but instead of relief were crushed by means of his power and greatnesse And knowing him to be an implacable adversary that never was satisfied without the ruine of him against whom he once conceived a displeasure And Master Alexander therefore not being able to return into Ireland to live upon his estate and having two such good friends at Court as my Lord Coventry the late Lord Keeper and his little Grace of Canterbury and their Faction which stood in the way of his preferment here in England and then not being able to exercise his Profession for the reasons aforesaid the case thus standing with him he took a resolution to travel beyond the Seas and did so where after he had spent some time abroad it so fell out that contrary to all expectation this Parliament was assembled which being sate down and setled he was called home and returned when he found the said Earl of Strafford accused by the Parliament of high treason and therefore committed and his Charge delivered in against him who assisted in making good those Charges what he could in the prosecution thereof to bring him unto justice that scarce ever did any man justice himself in all his life and then Master Alexander also amongst many others then petitioned the Lords in Parliament against him to have been relieved for the great oppressions and injustice which he had sustained at his hands as by the same Petition may appear To the Right Honourable the Lords Spirituall and Temporall in the upper-House of Parliament assembled The Humble Petition of Jerome Alexander Shewing THat the Earl of Strafford conceiving causlesse malice against your Petitioner in or about the moneth of July in the twelfth yeer of his Majesties Reign being then in England and at divers and severall days and times both before and since he expressed the same toward your Petitioner as well by disgracefull and scandalous words and speeches uttered and spoken by him against your Petitioner to sundry Earls Lords and Peers and others His Majesties loving Subjects of all his Hignesse Realms and Dominions with whom he well knew your Petitioner had to do as by his actions and oppressions of your Petitioner both in his good name Profession Fortune and estate whereof your Petitioner had notice being then also in England And whereas your Petitioner purchased an Estate in Fee of divers Lands and Tenements in that His M ties Realm of Ireland from one Ever Magennise and others for which he had paid great sums of money and had as good an Estate thereof conveyed unto him and his Heirs as by Law could be possibly devised or advised by Deeds Inrolled Fines Releases and other like good conveyances and assurances yet after all this the said Magennise was encouraged to Petition the said Earl against your Petitioner to disannull and make void the said Bargain upon scandalous false and feigned surmises in the said Petition suggested Which Petition the said Earl entertained before himself and his Lordship granted out thereupon an Order for your Petitioner presently to appear and answer the said Complaint which your Petitioner did and by his answer cleared himself both by matter of Record and otherwise and therefore prayed to be dismissed from before his Lordship and left to the Law yet would not the said Earl so do but still retained the said Complaint before him and ordered the said Magennise to reply and after granted an order in the nature of an Injunction commanding your Petitioner not to sue the said Magennise in any other Court concerning the premises untill his Lordship should give further order therein And afterwards the said Earl so involved and incumbred your Petitioner with References thereupon and Examination of Witnesses first without Oath before Referrees by his Lordship appointed to hear the businesse and upon oath before the Clerk of the Councell and otherwise that your Petitioner besides the losse of his time and the neglect of his Profession spent great sums of money in his defence and for the cleering of himself and it was a yeers time and more before your Petitioner withall his utmost diligence and best means used could get to be dismissed from before his Lordship in that suite and then not without great importunity of Petitions and otherwise preferred unto his Lordship by your Petitioner for the same and yet thus was your Petitioner onely left unto the Law without any repair for the scandalous matter suggested against your Petitioner and disproved in the proceeding of that Complaint and without dammages for that unjust vexation and in this time the said Magennise became non solvant That when afterwards your Petitioner had recovered against him in an ordinary way of Justice and Legall proceedings the said Magennise was not able to pay and satisfie unto your Petitioner his dammages and losses recovered whereby your Petitioner is damnified 1000 l. That the Earl convented some before him in private with whom he knew your Petitioner had to deal whom he examined of matters to have charged your Petitioner in a criminall way but gaining nothing from them discovered worthy of blame his Lordship shewed himself discontented thereat both against such and your petitioner branding your Petitioner with the name of a skurvey Puritan and threatning both him and the Party that would not be drawn for to accuse him By means whereof and the said Earls further disaffection shewed towards your Petitioner both by words and otherwise others also that did bear ill will against your Petitioner upon every sleight occasion and opportunity were encouraged to traduce and scandalize your Petitioner both publikely and privately without hope of redresse And thus your Petitioner is damnified 2000 l. more That one Philip Fearnesley Esquire wounded and maimed your Petitioner in his face with the stroke of a Candlestick as they were sitting together at Supper at your Petitioners own Table whereby your Petitioner lost much of his bloud and was put in great perill and danger of his life besides what it cost your Petitioner in the cure and recovery of himself Your Petitioner lost also the use of his practise for a whole Terme time together and more by that means For which wrong done unto your Petitioner your Petitioner brought his Action of assault Maism and Battery against the said Fearnesley in His Majesties Court of Chief Place in Ireland where Issue was joyned and a day of Tryall appointed and the Jury returned and summoned accordingly to appear At which time your Petitioner coming to the Bar of the said Court with his Counsell and Witnesses prepared for the said Tryall then and not before the said Fearnsley produced an order signed by the Earl of Strafford
A Breviate of a Sentence given AGAINST JEROME ALEXANDER Esquire An Utter Barrester of Lincolns-Inne In the Court of Star-Chamber the 17th day of November in the second yeer of the Raign of our Soveraign Lord King Charls of England Scotland France and Ireland c. With Exceptions taken to the said Sentence to unfold the Iniquity thereof With a short Narrative of divers other passages and Oppressions wherewith he hath been also grieved in other times of his life both before and since Printed for the Satisfaction of his Friends against those many Calumnies and aspertions raised thereupon to blemish him in their opinion and in the opinion of all others with whom he hath to do PSALM 118.6 7 8 9. The Lord is on my side I will not fear what man can do unto me the Lord taketh my part with them that help me therefore shall I see my desire upon them that hate me It is better to trust in the Lord then to put any confidence in man it is better to trust in the Lord then to put any confidence in Princes PSAL. 9.13 14. Have mercy then upon me O Lord consider my trouble which I suffer of them that hate me thou that liftest me up from the gates of death that I may shew forth all thy praise in the gates of the daughter of Sion LONDON Printed Anno Dom. 1644. To the Reader A Working Vessell is saved from breaking by a vent a heart oppressed with sorrows eased when it hath revealed its discontents I have long laboured under many afflictions and oppressions and to this houre could yet never finde Justice at leisure to examine my Complaint the vinegar of which delay hath been as ill to me as the injustice which I have received whiles thus my Calamities have been prolonged encreased too by common Fame and though in this time my innocence hath cleered the main debt yet have I been undone with the Arrerages of the suspition which is an arrow of slander that pierceth the inward parts men being apt to believe Relations as they come to them that a good man oftentimes may deliver untruths by here-say from the credit of one he trusteth and thereby wrong the reputation of him he knows not and the innocent thus many times may suffer reproach undeservedly For the satisfaction therefore of my acquaintance I have Printed this Map of my misery untill the time shall come that my cause may be rightly judged Psa 105.19 20. and that in the interim I may not lye under the guilt of those slanders wherewith I have been blemished chosing rather that my enemy should eate my heart than a friend should grieve it as it is much better to dye of the meate one liketh not then to surfet of the meate one loves a man is not therefore unworthy because he hath had disasters follow him at the heels for the whistling whirl-wind must blow before Elias be rapt up to heaven great and mighty fishes are not bred in small and sweet waters but in the Salt-sea as brave Spirits by difficult attempts become victorious a fruitfull tree though the bark be bitter yet the fruit is sweet though a man may seem harsh in the more strict performance of his duty yet is it profitable to the publique nor shall you ever finde any cudgells thrown at an Apple tree that bears onely leaves no man was ever envied for evill t is vertue that hath so many enemies for a bad man is to himself the worst and needs no other enemy to undo him then his own desires as Midas made his Idoll become his ruin thus we hate the Foxes advise thovgh never so current the Wolfs skin doth detect his Counsell in persons faulty we suspect truth and therefore it was observed of Aristides that he was wont to propose such advices as he knew did conduce unto the Publique weal by some other men and not from himself lest Themistocles out of hatred of his person should have with stood and impedimented a generall good as a fire made of green wood which is fed with it as fewell but quenched with it as 't is green and thus when the Murtle tree will quickly rot the Sethim wood cannot be eate with wormes the Saphire will not crack when the flint is quickly shivered in peeces when the evill man like him in the Philosopher who thought where ever he went that he saw his own picture walk before him unto a wise man you can do no wrong who like a good souldier will keep his rank receive with thanks whatsoever falls that which is constant we say doth passe for excelten 't is true in the use of good things as it is in sufferings for the truth for thus the malice and venome of an enemy too may by wisdom be converted into a medicine and by managing become a benefit which was by him intended for an injury or to use the similitude of Plutarch as healthy and strong beasts do eate and concoct Serpents whereas weak stomacks do nauseate at delicates so wise men do exceedingly profit by the hatred of their enemies whereas fools are corrupted with the love of their friends and an injury doth one man more good than a curtesie doth another as wind and thunder when they trouble the ayre do withall purge it whereas a long Calm doth dispose it unto putrifaction the same whetstone that takes from a weapon doth likewise give it an edge 1 Sam. 13.30 and sharpens it as the Israelites when there was no Smith amongst them 1 Sam. 13.30 did sharpen their instruments with the Philistims so an enemy serves to quicken and put an edge upon those vertues which by lying unexercised may contract rust and dulnesse and many times when the reasons of the thing it self cannot perswade the fear of giving advantage will over-rule a man lest hereby he gives his foe matter of insultation the eye and neerenesse of an Adversary exciteth Caution and diligence and makes a mans life more fruitfull and orderly then otherwise it would have been like a sink by a house side it makes all the house the cleaner as those Roses and Violets are sweetest which grow neer unto Garlick and other strong sented Herbs because these draw away to them any fetid or noxious nonrishment and as vermine do ever devour the purest Corn and moaths eate into the finest Cloath and the Cautharides blasts the swetest flowers so envie doth ever gnaw upon that which is most beautifull in another whom it hateth poyson never works where it finds no heat envie still follows the better part as the Vulture it draws sicknesse from a persum a rancorous nature trouble from the good it sees in him he hateth and odiorum acriores causae quando iniquae when hatred is built upon a bad foundation it commonly raiseth it self the higher and the reason is because in passions of this nature the lesse we have from the object the more we have from our selves and what is
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
against Yates the first and they called for the Testimony of those two Witnesses onely to be read which being done the L. Coventry would hear no more proof to that point nor other charge of the Bill to be proved and so presently moved the Lords to go on to the Censure of Yates undervaluing the cause as petty and almost not worthy consideration which shewed his preparation and thereupon Yates was fined in a hundred Marks onely whereas if his Lordships patience would have heard the cause full out this very charge would otherwise have been punctually proved if the Deposition of John Warren had been set aside As first hear the Deposition of Robert Warren Clerk to this Charge Robert Warren li. A. fol 23. to the 17 Interrogatory Who deposeth That on the Saturday next before the Assizes ' at Thetford the Deponent being at Walsingham where the said Cause should have been ended by Arbitration and having there before the Arbitratours given his testimony by speech as this Deponent hath related in his Answer to the 5 6 and 7 Interrogatories the said Defendant Yates came towards him this Deponent and with menacing words to this or the like effect said That if this Deponent should swear so much at the said Assizes he would have him and his Oath known or else it should cost him a sum of money 40 l. or 100 l. c. John Coot li. B. fol. 2. to the 32 Interrogatory Saith That Master Warren in the Interrogatory named at the aforesaid meeting of the said Arbitratours did protest upon his faith and credit to the said Arbitratours That the said three Writings in the said Bill of Complaint specified were delivered at Christopher Kirbys house at Fakenham in the Celler there upon the day of the date of the said Writings in manner and form as formerly alleadged c. That thereupon he did hear the said Yates say unto the said Master Warren That if he should say so much upon his Oath then he would make him and his Oath known c. Which is a direct Proof with Master Robert Warrens Testimony to convince the said Yates guilty of that Charge of terrifying the said Master Alexanders Witnesses So that it is observable that Master Alexander needed not to have helped John Warrens Deposition for proof of this Charge there being two Witnesses besides him expresse in the Point for What need a rich man be a thief And you may observe that two Witnesses was conceived sufficient by the Court for to convince the said Yates guilty of the said offence as is proved by the very Sentence it self and the Court would hear no more which was Master Alexanders unhappinesse in this particular Nay if John Warrens Depositions had been made use of wherein he stood clear and without exception it had further proved the same Charge against Yates and for this observe what he hath deposed Lib. A. fol. 122. to the 46 Interrogatory Who deposeth That he being in the Faulcon-yard an Inne in little Walsingham and seeing the Defendant Yates there went to him to speak with him about fourty shillings that was remaining due from this Deponent unto the said Yates of a debt of 14 l. or thereabouts for which the said Yates had had a Judgement against this Deponent and all thereof satisfied but the said 40 s. for the payment whereof this Deponent entreated the said Yates to spare him this Deponent for some short time and then the said Yates did request and importune him this Deponent to perswade his this Deponents brother Robert Warren to be sparing in giving his evidence against the said Yates at the Assizes then following in the Cause between him the said Yates and the said Complainant And if this Deponent would so do the said Yates promised him this Deponent that he would deal well with him for the aforesaid Debt due unto him and would do this Deponent a greater courtesie And this Deponent saith That since that time the said Yates meeting with him this Deponent in Walsingham-Market told him That he had been untowardly paid the debt which this Deponent owed him And said withall That he did hear that this Deponent should have gone to London the Term before to have been a Witnesse against him the said Yates in the Cause between him and the Complainant but if this Deponent had gone he saith he would presently have remembred him this Deponent therein This Deponent thinketh his meaning was He would have renewed his Execution against him this Deponent And this Deponent further saith That one Luke Banks Clerk understanding that he this Deponent should have gone for London the last Term to have been a Witnesse for the Complainant did wish him this Deponent not to stir his foot thereabouts alleadging many dangers might ensue upon it Whereupon this Deponent did not go to London that Term to be a Witnesse for the Complainant although he this Deponent was lawfully called by the Complainant thereunto Whereby it further appears That albeit the said John Warrens testimony to the 39 Article had not been made use of at the hearing yet to this 46 Article he testifies as much as proved Yates guilty of terrifying and tampering with Witnesses to conceal the truth And so three Witnesses clearly concurring in the point of this Charge against Yates without all exception which the said Lord Coventry ex Officio and according to the duty of his place ought to have caused the Kings Coucell to have perused and looked into the proceedings to see if there had been matter and proof sufficient within the Books to have continued the Fine set upon Yates for the King notwithstanding any other miscarriage in the businesse whatsoever if there had been any Which he was so far from looking after as it was his onely strife and labour which way and how to fasten this miscarriage of Neviles upon Master Alexander and thought upon nothing else which endeavours to ruine him had another Rise if it were pertinent to this purpose to be here inserted And from all this that hath been said it will not be denied but that if Yates had been dismissed as he ought not to have been without censure yet then Master Alexander was to have paid no costs This then is the first Complaint of Master Alexander against the Dismission of Yates That Yates was dismissed against pregnant proof and such as satisfied the Court of Yates his guiltinesse of terrifying of Master Alexanders Witnesses if it might have been received and was desired and pressed by Master Alexander to have been taken into consideration after this question did arise which the Lord Coventry slightly passed over without regard and so awed Master Alexander and his counsel that they perceiving what he went about and the Officers of the Court labouring by all means possible to take off the offence from one of their Members the said Nevile and it being the Court whereunto his counsell applied themselves for practice not one of them would be
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.
by single Testimony And it appearing that there was sufficient matter in the Books fully to have convicted the Defendants guilty of the crimes laid unto their charge and was not Master Alexanders fault that they were not heard Thus far he leaveth it to be rightly considered how he was dealt withall in this Dismission with costs Besides as the case stood he conceiveth the matter extraordinary it was not in the power of the said Lord Coventry as upon ordinary dismissions and matters of form to have taxed any costs without an especial Order af the Court for which he had none And when you shall peruse the Order of Dismission which followeth and which was all the Ground and Warrant for taxing of this Bill of Costs if you shall be but pleased to remember what hath been proved before you will understand it to be the forerunner of the resolved ruine intended towards Master Alexander in that matter stufft with apparant untruths and making way for that which after followed The Order followeth In Camera Stell coram Concil lbid vicesimo quinto die Octobris anno secundo Caroli Regis THis day came to be heard the matter of Complaint here exhibited by Jerome Alexander Esq Plaintiff against John Yates John Lawrence Allan Lampkin and William Wacy Defendants for supposed Perjury Subornation of Perjury Inbracery of Jurours and threatning and terrifying of Witnesses which by the Plaintiffs Bill was laid to the charge of the said Yates onely Upon the opening whereof by the Plaintiffs Counsel at the Bar and reading the proofs on his part there appeared no sufficient matter at all to convince the said Defendants Lawrence Lampkin and Wacy or any of them of the said supposed offences or misdemeanours wherewith they every or any of them stood charged by the Plaintiffs Bill and therefore the Court hath absolutely dismissed and discharged them and every of them of and from any further attendance about the same Cause hereafter But as touching the said John Yates for the said offences of threatning of Witnesses there were read for proof thereof two Witnesses viz. Robert Warren Clerk and John Warren on the Plaintiffs part in the Deposition of which said John Warren taken in Court ot the nine and thirtieth Interrogatory as the Plaintiffs copie thereof read in Courts was the words that and did were blotted out and defaced and by that means the said Deposition was positive and absolute as upon the Deponents own knowledge whereas the said words that and did being not blotted out is but upon hearsay Which blotting out and defacing of the said words that and did in two severall places of the said John Warrens Deposition to the said 39 Interrogatory much misled the judgement and censure of his Honourable Court who condemned the said John Yates for that offence and adjudged him to pay one hundred Marks Fine to His Majesties use and to be committed to the prison of the Fleet. But in the Defendants copie of the said John Warrens Deposition to the 39 Interrogatory the said words that and did were fair written without any blotting defacing or interlining Which said Deposition of the said John Warren to the said 39 Interrogatory being shewed to this Honourable Court upon the rising thereof it pleased the same Court to take it into consideration and ordered that the originall Deposition of the said John Warren to the said 39 Interrogatory on the Plaintiffs part should be brought into this Court the next sitting-day to be seen and viewed by their Lordships and if the said words that and did were in the said originall Deposition fair written without blotting defacing or interlineation then this honourable Court would be pleased to dismisse the said Defendant yates and to discharge him likewise of any further attendance about the same Cause hereafter in the mean time the Court discharged the said John Yates out of the Custody of the Warden of the Fleet for and upon that Sentence at which next sitting-day viz. the 27 day of this instant October the original Deposition of the said John Warren taken on the Plaintiffs behalf upon the said 39 Interrogatory was brought into this Honourable Court accordingly and the same being seen perused and viewed by this Honourable court the sever all words that and did plainly appeared in the said originall Deposition to be fair written by the Examiner himself without any blotting defacing or interlining and so the said Deposition was upon hearsay and not of the Deponent John Warrens own knowledge This Honourable Court therefore conceiving they had no sufficient ground for the former Sentence have thereupon ordered adjudged and decreed That the said former Sentence against the said John Yates shall not be entred but that he shall likewise be absolutely dismissed and discharged of and from any further attendance about the same Cause hereafter Jo. Arthur Dep. Thomas Talbot of London Gent. doth depose That this a true copie of the Order above mentioned being examined by the Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche From all that hath gone before judge how and by whom that Hononrable Presence were then misled to sentence the said Yates as that Dismission mentioneth or rather if they were not more misled by the said Lord Keeper Coventry to dismisse the said Yates and clear him from a Sentence under which he was restrained upon such a bare supposition of an offence supposed done by M. Alexander nothing to the purpose never intending or minding the busines of his Master the Kings Majesty by all clear means to have supported and maintained the Sentence as he ought and whose duty it was to have given all encouragement to such as nothing for their own advantage but for the love of justice and good of the Common-wealth so spent themselves and their fortunes to bring Delinquents unto condigne punishment for examples sake that others might not dare so for to offend But he thought a worm soon crushed under foot and Master Alexander being then but new entred into the world and daring to question such a man as Master Godfrey son and heir to Richard Godfrey that famous Lawyer in his time of Lincolns-Inne but a Popish Recusant and his son being allied and befriended in that Countrey where your Petitioner dwelt to all the great ones it is no hard matter for any man to believe and for that reason to conceive that Master Alexander could not want adversaries Besides it was a fault in those times to be too forward though in zeal to justice and for the good of the Common-wealth if such a man were toucht upon and when such as Master Alexander that would not comply with the times t was high time to take occasion to rid them out of the way But observe this untruth alleadged in the Order To begin withall it saith The words that and did were blotted out in two places of the copie of the said John Warrens Deposition which they alleadge not in
misfeazances ex post facto become void as by interlineation addition rasure or drawing a pen thorow the midst of a word by these ways such Deeds are all become void but no other punishment inflicted by the Law for these transgressions but with the losse of the fruit and benefit of such Deeds which is punishment sufficient of it self and for to adde another affliction were against a Rule of Law viz. to punish a man double for one and the same offence as in Matthewson and Lideats Case in the Lord Cooks fifth Reports fol. 25. Whelpdales Case in the fifth Reports and Pigots Case in the eleventh Reports fol. 27. where there are any other yeer-Books put for confirmation of this truth and to prove the Law to be thus in his Case And the Court of Star-Chamber have accustomedly followed and imitated the Rule of the common-Law in like cases and against whom Bills have been preferred there for like offences the parties complained against have been dismissed though the offences proved as in the Cases before cited of Allen and others So that in this case the Peitioners Dismission and losse of that Testimony had been the usuall punishment but the losse of the fruit and benefit of his Suit had been too much but to be censured for this as an offence in him without proof of guilt is without President or Example 4. HIs Lordship thereupon acquainted the honourable Presence therewith in the iuner-Chamber and with all their Lordships consents respited the Entry of the said 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 Presently whereupon the Paper-copie of the said 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 the other Lords then present wherein the said two words the and did were defaced and blotted out of the said John Warrens Deposition to the 39 Interrogatory which had been openly read in Court and misled the Court to sentence as aforesaid and by that means the Deposition was made positive and absolute as of his ownknowledge whereas by by the said Defendants copie of the said Deposition first shewed to his Lordship with the words that and did fair written therein was upon hear say fol. 3. This part of the Sentence being but a repetition of much of this matter alleadged in it before hath received an Answer onely my Lord Keeper Coventry his forwardnesse to charge Master Alexander and to discharge Yates is observable and that albeit Yates were sentenced by Order of Court and in custodie yet out of Court he caused him presently to be discharged upon this bare Allegation without ever calling or hearing Master Attorney-Generall or any the Kings Councell or Master Alexanders counsel what could be said more for the King to maintain the Sentence And you shall not afterwards finde thorowout the whole carriage of the businesse that the Lord Coventry did ever so much as move any thing for the King or against Yates but presently dismissed him and the other Defendants with 100 l. costs and with such a manifestation of their clearnesse as if they had been the most innocent men alive when the contrary cleerly appeareth in the Books as before and so the Register of the Court in drawing up the Order of Dismission clears the Defendants and asperseth Master Alexander what he can And Master Jones Master Alexanders own Attorney labours what possible he can to lay this as a fault upon Master Alexander but did never any thing of his Duty for the King or for his Client all the Officers of the Court drawing in a line together and making way to destroy Master Alexander by the Sentence to follow which they were resolved upon from the first as these things do manifest and make it to appear And by this the misleading in the Case doth appear to be on that side when thus against all right and rule and all ordinary and common respect whatsoever much more to have been used towards a man of the same Profession whose credit his Lordship therefore should have the rather endeavoured to have preserved then in the very Bud of his coming forth into the world to have nipt him off and crusht him to pieces preferring the condition of a company of poor and base Mechanicall wretches not worthy his knowledge before Master Alexander with whose Breeding he was well acquainted to have had the same foundation and beginning as himself and with as good hopes to have attained the end of his Profession as any other of his time had not he determined that expectation by this his unjust proceeding against him 5. SHortly afterwards viz. before two of the clock that afternoon the said Alexander came to Grays Inne to the said Master Jones his chamber there and then and there in the presence and hearing of Master Hooker one other of the Attorneys of this honourable Court in great perplexity as it then seemed fell into sime passions saying what an unfortunate man am I what will become of me an then being demanded by Master Hooker and Master Jones Of whom he had or received his copies of the said Depositions whereof that was one answered He could not tell whether he received it from the Examiner or from Henry Nevile Master Jones his Clerk with many bitter and heavie imprecations and oaths vowing and protesting he knew not of the blotting out of the those words or altering the copie and the copies were as he first received them Whereupon the said Alexander Master Jones and Master Hookr went all together unto the Examiners Studie of this Court to see the Record of the Originall Deposition of the said John Warrne to the said 39 Interrogatory on his part which being shewed unto them by the Examiner the Record was fair and plain with the words that and did therein written with the hand writing of Master Gay the Examiner who died in August last Hereupon the said Alexander used the like speeches as before he had done in Master Jones his Studie and so departed Fol. 3. Be pleased to observe that all this interlocutory-Discourse is but a bare repetition of this Conference without proof or confession and therefore unwarrantably entred into the Sentence and against all the rules of proceeding in any Courts of Justice whatsoever Howsoever it shews thus much in the first place that when such things as these were suffered to be stufft into the Sentence and to passe for currant tending to the utter ruine of a man Who could withstand distruction being in the hands of such adversaries and who will not conclude of the injustice that was
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
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
which did lie in the way of M. Alexanders preserment in Ireland being so far remote and out of the eyes of those that sought his ruine and confusion here and when he had done all this he sent M. Alexander notice thereof But this storm was no sooner thus blown over but another cloud ariseth at first as little as a mans hand which afterward covered all his Fortune again with blacknesse threatning a mighty showre of destruction to follow if not sheltered from the violence of it It was M. Alexanders good hap by Gods assistance and his good endeavours to gain the good opinion of many Noblemen Gentlemen and others in that Kingdom and by their countenance and employment acquired much for the livelihood and subsistence of himself and family and was in a fair way of preferment and doing good for himself his wife and children which his enemies here no sooner understanding of purpose to blemish him took occasion to send over into Ireland many copies of the said unjust Sentence which they caused to be shewn to all Master Alexanders best friends and Clients there to weaken him in their good esteem and divulged and published the same alsO unto all his enemies there as sho can be a Practiser at Law and be just and faithfull to his Client and zealous in their Causes but shall and must have an ill report of the adverse side who will hugge such an opportunity to do him mischief In all places also they made it the subject of their discourse at Councel-Table and in all the Courts of Justice But amongst the rest they made use of one Master Richard Fitz Gerald as he is called his fathers mothers Sirname I know not But because there are many Families of the Fitz-geralds in that Kingdom to let you know the man I mean he is Sir Dudly Loftus Knight his foster-brother and was bred up with him a Boy at School and maintained by Sir Dudleys father also to wait upon his said son in that time by which he got so much learning as afterwards he became Master Greenham an Attorneys Clerk in Ireland and having the great fortune to marry with the sister of a worthy gentleman was promoted to be an Attorney in the Common-Pleas in Ireland And aspiring to attain yet to greater Offices in that Common-wealth and Master Alexander having then purchased the Office of the Kings Bench there in Ireland during the life of one Master Henry Andrews the present Patentee and Master Fitz-Geralds brother in law being also joyned Patentee with the said Master Andrews but had bound himself both by Articles of agreement and recognizance not to meddle with the same during Master Andrews his life And Master Fitz-Gerald having understood that the way to rise unto preferment was to attempt something against Master Alexander whom if he could overthrow he was confident of the same good successe to follow him thereupon as happened to Master Fountain and Master Cook the Lawyers in those brave atchievements which they accomplished against him as aforesaid And hereupon that he might be made secundary of that Office with his brother did undertake to out Master Alexander thereof and therefore first preferred a Bill of Complaint in his said brother in laws name in his Majesties Court of Exchequer in ireland against Master Alexander and his Deputies the effect whereof was to gain the possession and execution of the said Office from Master Alexander but upon such slight and slender grounds as there was neither law nor equity to warrant any such Demand Yet Master Alexander well understanding the course of things in that Kingdom and the alliances and dependence of one man unto another and how far power and greatnesse might possibly prevail to do him hurt and perceiving the inclination of the Court of Exchequer there where the Cause depended to over-rule a Demurrer which he had caused his Deputies to put in for their and his defence in that Suit made his repair over into England with the Proceedings to be advised here by Counsel the best he could for to maintain his just right and interest in the said Office But his departure was no sooner understood but the said mastere Fitz-Gerald posts over after him into England for London purposely to have caused the remain of the said Sentence to have been executed upon him and to have restrained him from making his return He gained also letters of Credence and Recommendation from Doctour Usher Lord Primate of Ireland and others to some Noble Personages and others here in England to assist him in such occasions and busineffe as he should have then here to do And being come to London he made use of these generalls against Mastere Alexander in particular contrary to the minde of those from whom he received those Letters and first he contrives a Writing which he stiles An Information against Jeromy Alexander sent out of Ireland the 12 of July 1633. which he delivereth unto one Master Archibald Hamilton that then was agent here for the said Lord Primte of Ireland and others and insinuates unto him that that thing was the businesse which he came about and had to do and which was recommended unto him the said Hamilton by the said Letters of the Lord Primate to assist Master Fitz-Gerald in Whereupon Master Hamilton wnet unto Mastere Alexanders old friends the late Archbiship of Canterbury Laud and the Lord Coventry then Lord Keeper and shewed them the said paper which was presented unto his Majestie with all the Aggravations possible to incense and cause his Highnesse indignation and displeasure to continue if not to wax more hot and fierce against him insomuch as his Majestie well knowing some of Master Alexanders good friends at Court who had often laboured with his Majestie in his behalf informed them thereof that for the time to come they might no more sollicite for him And in the interim Mastere Fitz-Gerald or some other for him upon his earnest sollicitation had procured a Warrant from the said Lord keeper Coventry directed to the Warden of the Fleet strictly charging and commanding him to make diligent search for Master Alexander in London and wheresoever for to apprehend him and restrain him in safe custodie till he should perform all the parts of the said Sentence which Mastere Fits-Gerald and the Warden of the Fleet did pursue with their utmost diligence And that this truth may yet appear the clearer be pleased to cast your eye upon the same Information which followeth in these words An information against Jeromy Alexander sent out of Ireland the 12 of July 1633. IEromy Alexander an Utter-Barrester of Lincolns-Inne being formerly an Attorney was censured in the high Court of Star-Chamber Mich. 2 Caroli for a very foul offence in falsifying copies of the Records of that Court to the end he might mislead the judgement of the said Court against a person whom he prosecuted His Censure was First to be utterly disabled to practice as a Counsellour at Law
either publikely at the Bar or privately in his Chamber Secondly to pay five hundred pounds Fine to his Majestie Thirdly to be committed to the prison of the Fleet and before his enlargement out of prison publikely at the Bar of the Star-Chamber in humble and submissive manner to acknowlege his offence against God and the Court and shew himself sorrowfull and penitent for the same c. pa hereupon the said Jeromy Alexander fled into Ireland to avoid the said Censure and there abides and practises as a Counsellour both publikely at the Bar and privately at his Chamber without obeying the said Censure in contempt of his Majestie and of the high and honourable Court of Star-Chamber to the great scandal of the Professours of the same He hath lately obtained a Release and Discharge under the Great Seal of that Kingdom for the said Fine and is now also endeavouring to procure his Pardon from the said Censure without making submission to his majestie and the Court which censured him and lives in Ireland very proudly and arrogantly apt to fall into the like scandalous offence again upon any occasion he endeavours to be Clerk of the Crown and to be joynt Partner with Master Andrews the present Clerk whereby the Records of that Court coming into his hands he may do a world of mischief having so fine a trick of raising and falsifying of Records It is therefore earnestly prayed That the said hiJeromy Alexander his Pardon may be staid at the Great Seal there untill he be transmitted by the lord Deputy of this Kingdom to submit himself to the said Censure or that otherewise there may be inserted in the said Pardon a Clause of Proviso that the said Jeromy be not allowed to practise or bear any Office in Ireland whereby others may be deterred from committing the like offences hereafter In regard of his constant persisting in foul practice having thereby done prejudice already to some of the Nobility and severall of the Clergie in this Kingdom Of all which particulars good proof can be made from hence by the severall parties that have been injured by him Copia vera A. Hamilton Thus you may perceive that to reproach is as easie as for to empty But Christianity is so much the better that Nero reviles and persecutes it Yet see then the disposition of the man who conceived within himself which he thus expressed that the oppressions of men had taken away from Mastere Alexander that which was descended from his Ancestours and as naturall to him as the blood running in his veins for he will be able to derive his Pedigree from Gentile Families by both sides of his Progenitours which if the height of spleen and rancour had not been in the Gentleman he would have been ashamed if to have been accounted civil to have left out amongst the rest But disgrace being the end he aimed at in it sought to improve that with the most advantage and therefore as infatuate in the next place he addes Being formerly an Attorney as if it were a shame for a man to attain a better Fortune from lesse beginnings and as if it had been a great disparagement for to have learned the practick part of the Law the first which those that better understand the studie of it then himself can inform the Gentleman that it was his great mistake and that many famous and eminent Lawyers heretofore have been first Attorneys insomuch as in former times he was not admitted to be of an innes of Court that had not first been of an inne of Chancery living amongst Attorneyes to understand the course of pleadings and practice of the Courts of Justice which to know beforehand doth much advance a Student in his way that he gains his Profession with more ease and falls into practice the better prepared for the advantage of his Client But what you do observe in this his Information more concerning the Censure is but rolling over the same stone again of which you have well understood the nature thereof before and therefore to say no more of that concerning the injustice of it Yet hereby you may perceive the good will of the creature that upon all occasions had no other staff to beat this dog withall Albeit this Gentleman took upon him the boldnesse to do more then any other before him had done and to cause his Majestie to be informed that it was a high contempt in mastere Alexander to use the profession he had been bred up in to acquire livelihood for to sUpport himself and family and all because Mastere Alexander had crossed his expectation by it there in Ireland But did S. Peter and S. John when by the Rulers Elders and Scribes they were commanded not to speak at all nor teach in the Names of JESUS Did they forbear What can b emore done to a man to take away his life then his means of livelihood and starving to death of all others is said to be the cruellest murther But this Gentleman your see also had a high and great opinion of the dignity of that Court of Star-Chamber which he styles so high and honourable which I believe that highest and most honourable Court of Parliament better understood then he when they dissolved it for the extreme oppressions and grievances it brought upon the people He would have Master Alexanders practising also in Ireland too to be to the great scandall of the Law which he so little understood as at the very first Bout he went about to desile his own nest to disgrace the Profession of an Attorney he being one him self but bred up therein I must confesse so far distant and remore from these Schools of that mysterie as I believe he was ignorant of the use and value which the law sets upon a well-practised Clerk ANd if it were such a scandall for a lawyer to have been fined in that Court in those days as he doth presse it albeit I must confesse he that knows the will of his master and doth it not is to be beaten with many stripes yet they were not all Saints in that time that sat upon the Bench but were Judges under whose judgements many a good and innocent man suffered and was ruined besides Master Alexander and of the same Profession too howsoever Justice where it meets with those that are offenders in deed and truth hath no respect of presons qualities or conditions but he that sinneth must die and without scandall to him that doeth well And in those days who is' t but doth know this Gentlemans so high and honourable a Court as he calls it was but a Stage or Theatre wherein the politick Statists of that time acted the Tragedies of such who would not comply with their evil Counsels to have destroyed our Religion Laws and Liberties and subjected the Subject to a perpetuall slavery You see also it grieved M. Fitz-Gerald that M. Alexanders father in law had done so much for him as to acquit
him from all those Vulture which for the Fine and other moneys would have divided his coat But that which stuck in his stomack the most of all was that the feared Master Alexander should also procure his Pardon of all the rest of the Sentence without making submission to his Majestie and the Court which censured him though that were a little more then the Court had enjoynedto be done to his Majestie yet see how by his good-will he would have interested his Majestie in that businesse more particularly though not more then the Sentence and all to unfold a mysterie which he in his high conceit apprehended was never understood before by all those Apollo's and learned Judges of that Court which by his leave were so well verst and understanding that matter and the project they had in hand as they best knew where the shoe wrang and what they had done in it was for another end then all the wisedom he had could reach unto and for his eyes he was not so clear sighted as to look into a Milstone further then they But this was not all for he saith further Master Alexander lived in Ireland Very proudly and arrogantly apt to fall into that scandalous offence again upon every occasion It should seem by this the Gentleman had a spirit of Prophesie or was well verst in Phisiognomie that he could by a mans countenance tell him his Fortune or that he had some Raptures or Revelations that made him so cunning to foretell things to come for surely to the eyes of those that lived there in conversation with Master Alexander saw no such appearance and as for Master Alexanders own heart and conscience he found himself free from any such inclination and all the following story of his life never yet declared any such matter Then it must needs be that spirit was in the mouth of Ahabs Prophets which deceived him which because it were a shame for the Gentleman to confesse Master Alexander is content that he be silent although his experience hereof by this time sheweth him his errour But look a little further hinc illae lachrimae Master Alexander endeavoured to be Clerk of the Crown and to be joynt Partner with Master Andrews for so he says and here the shoe wrung him and then this Gentlemans great hopes first to be Secundary thereof to his brother in law and in time to be master of the Office himself would be at an end The Proverb is that Murther will out He travelled till he was delivered And I appeal herein if these wilde Gourds spoiled not all the pot of Pottage Dolosus versatur in universalibus And whiles he kept his tongue within his teeth from relating particulars to him that understood not the mysterie of the businesse would peradventure have approved his zeal as if it had been for justice upon one that never offended But since his own interest appears now to be at stake what indifferent man will believe him in all the rest But saith he The Records of that Court coming to his hands Master Alexander may do a world of mischief having so fine a trick of raising and falsifying of Records Surely if the man had been well in his wits and not past shame he would have blushed and trembled to have presented such an untruth unto any man much more unto such great Lords and Peers of the Kingdom but most of all unto a King And I wonder when he perceived such strength of opposition to be against Master Alexander as he did and with whom he practised and thus joyned to ruine him that if he had ever read the Statutes of England and Ireland which I dare say he will tell you he hath done all over and all the Books of the Law besides and understands it far better then Master Alexander which for a quiet life he will grant him to be so into the bargain that he may yet be more conceited of his own worth and unparallel'd abilities but in such case he must I say have found that to rase and falsifie a Record is Felony And if Master Alexander had committed such an act the Court of Star-Chamber by that Sentence would never have troubled themselves for to have studied out means to have buried him alive if they had had that neerer cut to have removed him out of the way But on malice be it And now if the Prayer of this Information be well observed this will appear in its colours to all the world It is prayed That Master Alexanders Pardon might be stayed at the Great Seal Fond man I see thou knewest not that the Lord Coventry had solemnly vowed before and professed that never any Pardon of this Sentence should passe the Great Seal for Master Alexander whiles he was Keeper of it and he made but use of Master Fitz-Gerald in this kinde to give a further colour for this resolution and yet poor man in he mean time like the Fly that sat upon the Axletree of the Cart he verily thought it was he that raised all this dust which was the turning of the wheel And he would have this Pardon stayed too untill Master Alexander should be transmitted by the Lord Deputy of that Kingdom to submit himself unto the said Censure not knowing that in this time he had made Master Fitz-Gerald carry the Rod which was to have whipt his own tail for had he prevailed to have had Master Alexander attached here he had instantly seised upon the Office as wanting one to look over a place of such eminency in the State in the absence of Master Alexander and having been once possessed thereof neither his brother in law nor himself had ever lickt their lips after it should ever have been the better for it And Master Alexander can assure him that if he would have parted with his interest therein unto his Lordship the then Lord Deputy as he was earnestly dealt withall and treated with for that purpose he was promised his Lordships great friendship into the bargain and 100 l. more ready down then Master Fitz-Geralds brother in law gave him for it Then to look a little further in this Information If all this could not be obtained then Master Fitz-Gerald would play at small game rather then to stand out prayed That there might be inserted in the said Pardon a Clause of Proviso that the said Jeromy might not be allowed to practice or bear any Office in Ireland You see how still he pleaded for his own interest and how maliciously he set himself to have destroyed Master Jeromy for now he thought him no longer worthy of his Sirname of Alexander and indeed having ungentleman'd him before and taken his Sirname from him now so if he might have had his will in his desires he would have left him without welt or guard at the last for if he could have prevailed that Master Alexander should not have been admitted to use his Calling neither in England nor Ireland niether
We do therefore hereby will and require you to declare and signifie unto him the said Jerome Alexander That it is Our will and pleasure that he do with all convenient speed make his repair hither And We do further will and require you That you suffer not any impediment whatsoever to delay or hinder him in his coming And likewise That you take course that in his absence he may not receive any losse or damage by any Suits or otherwise to be prosecuted against him concerning him or his estate And these Our Letters shall be your sufficient Warrant and Discharge in this behalf Given under Our Signet at Our Manour at Oatlands the first day of August in the thirteenth yeer of Our Reign This is examined and agreeth with the Entry in the Signet-Book 26 Martii 1641. Abra. Williams By force of which Authority Master Alexander made his repair over having delivered his Letters first But his Lordship not being at leasure to give an Answer he took his Voyage and was here in London before that ever his Lordship thought he had left that Kingdom whereat he was much troubled and enraged and therefore wrote over these ensuing Letters to Sir Francis Windebank Knight then one of his Majesties principall Secretaries of State for to inform his Majestie against Master Alexander for his coming over thus before his Lordship had declared it to him to be his Majesties pleasure and that would have been possibly ad Grecas Calendas SIR I Am occasioned by His Majesties Letter of the first of October underwritten by your self to desire not onely my Lords of the Committee but that the King also may understand how this Government hath been of late treated nay slighted in my Person and that it may be there considered and directed as it hath singly Relation to His Majesties Authority and the Publike not conceiving it at all otherwise to concern my own particular one way or other You may be pleased to remember how the Earl of Kildare lately went hence and in what condition his Majestie sent his Lordship unto us together with a Command that an Information should be put in against him in the Castle-Chamber for his contempt in departing the Kingdom without License Neverthelesse by His Majesties Direction the prosecution hath hitherto been forborn by reason of the sense his Lordship expressed of his errour and in hope out of the apprehension of his own danger he might be induced to yeeld his consent so to settle his estate as might preserve that ancient Family from the present Ruines his obstinate and ill-ordered appetites will otherwise most assuredly and suddenly cover it withall But it seems this gentlenesse and moderation wrought a quite other effect then was hoped and rather emboldened then in any degree restrained that humour of contradiction which good Gentlemen he believes ought and can onely expresse the greatnesse and spirit of a Gerraldine For not long after in a Case depending betwixt the Earl and the Lord Digby his Lordship found stomack to deny bringing in of certain Writings concerning the Castle of Leigh whereunto his Lordship is obliged by the Award of King James of blessed Memory and persisting in his contempt was about six moneths since and so continues still committed by Order of the Deputy and Councell A moneth agone or thereabouts I sent my Secretary to acquaint his Lordship I understood the Countesse his Lady had been all the night before at the Rings end waiting upon a passage for England but the winde turning crosse had constrained her Ladiship to her lodging again Thus as a friend I wished his Lordship to call to minde the manner of his Lordships last going over and coming back that I was unwilling my Lady should meet with any displeasure or trouble on the other side and therefore if I might understand what number of servants Coach-horses or any other accommodations she desired for her journey I would instantly send her Ladiship my License for them all The Answer his Lordship sent me was His wife went against his will that he would be glad I staid her And the next I heard her Ladiship was landed at Holyhead rid by Post-horses thorow Wales to Chester and so by Coach to London And howsoever as under favour I judge it not becoming any Subject how great soever he either is or takes himself to be thus out of animosity or wantonnesse not to content himself to do his businesse without he may also please and magnifie himself through a preterition and scorn put upon us his Majesties ordinary Ministers and the Government it self So is it altogether intolerable when men of mean and defamed condition shall flatter and blowe themselves up to a like vanity and presumption And yet such a one there is by name Master Jerome Alexander a Counsellour at Law who by untrue surmises I conceive to my Lord Marshal hath procured the Letter I first mentioned under the Signet That as of a person of whose service and employment his Lordship hath especiall occasion I must declare and signifie unto this Gentleman that it is His Majesties will and pleasure that he do with all convenient speed make his repair thither am required not to suffer any impediment to hinder his coming and likewise to take course that in his absence he may not receive any losse or damage by any Prosecution against his person or estate Indeed I something wonder the Gentleman should do in this manner having never had from me in his life either in the course of his Practice or otherwise other then courteous and respective usage and which I take unkindly from him I confesse thus to insinuate with my Lord Marshal before he had ever acquainted me with his occasions or desire of going over as if I should be against his departure for his Lordships service unto whose Affairs I have been understood to wish as much prosperity as any other poor servant his Lordship hath nay so evident a truth is this as His Majestie I am most confident will graciously remember it to have been verily so in more particulars then one I may therefore sincerely affirm that if Master Alexander had desired in his own name much more for my Lord Marshal his occasions to have had License it should have been as soon granted as moved What need was there then for him thus to seek it in this implicite and braving manner as if it were to be whether I would or no before ever I were asked the question And yet let me instruct him please or raise himself never so high by these little Assumptions they will not much value him with wise men for all that Next I must confesse I am not well pleased he should wrap me under the like Guilt of Disobedience with himself by not admitting me so much respite as to do my Masters will and to declare and signifie unto him the Kings pleasure according as I was directed For whereas upon the receipt of His Majesties said
bred Which when your petitioner understood and not before he was enforced then to leave his Countrey his Wife Children Friends and Profession too which he had acquired with the expence of his whole Patrimony and the whole Study of his life then before Nor had your petitioner being thus exiled setled himself for any long time but the malice of his adversaries so vehemently pursued after him That the said Fine was begged of His Majesty and passed under the Great Seal to hinder any possible Installments or Composition for the same but what they Grantee thereof pleased And further to forestall your petitioner by any addresses to be made to His Sacred Majesty for pardon of the residue of the said Censure it being the onely way then left unto your petitioner till this happy opportunity to gain your petitioner so much as a Being in the World His Majesty being so strongely informed by the late Lord Coventry Lord-Keeper and others against your petitioner for this onely Cause inforced to be so Capitall That your petitioner was not a man worthy or fit for His Majesties Mercy yet your petitioners Friends out of meer Charity and Commiseration of your petitioners deplorable Estate discharged the said Fine of 500 l. to the Grantee and the said 50 l. to the said Nevill and the said 130 l. to the said Yates and yet your petitioner for this fifteen yeers now last past or thereabouts hath thus been debarred the use of his Calling and Profession in this His Majesties Realm And now humbly beseecheth this Honourable Assembly to take the same Sentence into consideration and to review and reverse the same and to proceed therein for your Petitioners relief as in your Wisdoms shall be thought fit with order and direction to all Officers and others whom it may concern to have Searches and Copies of all such Records and Writings as concern these proceedings And he shall pray c. Which being so preferred it was by their Lordships Order of the 12. of May 1641. And of severall other Orders made by their Lordships referred to the Lords Committees appointed for the Star-Chamber to be heard as the same Order and the rest ready to be produced will make appear Die Mercurii 12. Maii. 1641. IT is this Day Ordered by the Lords Spirituall and Temporall in the High Court of Parliament Assembled That the Petition and Cause of Jerome Alexander Esquire shall by vertue of this Order be referred to the Lords Committees appointed for the Star-Chamber whose Lordships are to meet and consider of the said Petition on Munday the 17. of this insTant May by two of the Clock in the Afternoon in the Painted Chamber And all Parties formerly appointed to attend the said Cause are then to appear before their Lordships Joh. Brown Cler. Parliamentorum Then that it may appear with what earnestnesse Master Alexander pressed the hearing of this Cause and to make all prepration for it having formerly lost all his Papers and Copies of Bills Answers Depositions and proceedings in that businesse By the favour of the Honourable Lords he also gained the ensuing Order and by that had the favour to procure the same with more speed But for all that the said pleadings and proceedings cost him much money IErome Alexander hath Petitioned the HOuse to review and reverse a Sentence given against him in the Court of Star-Chamber in Michaelmas Terme in the second yeer of the King all his Witnesses concerning that businesse are casually lost Prayes the Order of the House to all Officers whom it may concern to make searches and to take Copies of all Records and Writings in their severall Offices such as he shall think sit And that for the reason aforesaid That he may have liberty to write them himself without paying any Fees And that Master Henry Jones one of the Atturneys of the Star-Chamber be required to bring into Court the Paper Copy of one John Warrens Deposition taken in a Cause there wherein the said Alexander was Plantiff against one John Yates and others Defendants which is remaining in his hands and to deposite the same in the hands of the Clerk of the Parliament to be ready at the hearing for upon that Paper Copy the Sentence is grounded And that the said Alexanders Counsell may have a sight of it the better to prepare for the hearing All which being read and considered of by the Right Honourable the Lords Committees for the Star-chamber their Lorships do appreve thereof and Order accordingly Veneris 5. Martii 1640. Joh. Brown Cler. Parl. But the great and publique Affairs of the Kingdom encreasing and growing every day more and more albeit Master Alexander did labour all the wayes and friends he had for to have gotten his said Cause to have been heard yet could not procure it So that after almost a yeers attendance about it with no effect he was enforced to forbear the further solicitation of it for a time and made his repair over unto his Estate and Family in Ireland from which he had been absent above four yeers and a half before constrained by the Earl of Strafford as aforesaid where he had not continued above five weeks space or little more but thta horrid Rebellion there brake forth Master Alexander being then in the County of Meath not aboe 24. Miles distant from the City of Dublin or thereabouts and within the Pale little sulspecting any such danger and whereas the Tragedy should have been acted at Dublin the 23. of October 1641. Which blessed be that good God which so miraculously prevented it upon the 24. day of October 1641. There was an attempt made upon Master Alexander to have surprised him his wife and family which had assuredly been his destruction and was the immediate finger of God that preserved them And albeit he escaped with his wife and family the most of them with their persons yet did the said Rebels both there and in other places of that Kingdom then instantly seize upon a personall Estate of his in Goods Chattels and Cattells to the value of 6000 l. or thereabouts and possessed themselves of a reall Estate of his in Lands which yeelded him above 1000 l. per anaum all which they shared and devided amongst them and do possesse to this day Thus then you may perceive into what sad a condition and distresse Master Alexander was brought again upon a sudden being dispoiled of his whole Estate and Fortune and by reason of the troubles both here and there out of all hope or expectation any way to acquire any livelyhood and subsistance for himself his wife children and family yet in this great straight chose rather to come for England then to remain there where he perceived he could neither do good for himself or the Countrey and being come over that good God who hath hitherto never forsaken him in his greatest troubles did so move the hearts of his friends and acquaintance that they gave present supply unto his
necessities beyond whatsoever he did imagine or could expect And now if he would have remained with them in the Countrey might have had a competent provision made for him and his family by his friends which to have embraced he should have lived much more free and safe from danger then he hath done since but he was perswaded by some of the worthy Members of the House of Commons now deceased rather to settle here in this City of London to whom they privately engaged themselves in such case that he should not want for sufficient maintenance and resting thereupon stayed and hath now for this three yeers space and more continued here and with his utmost diligence and abilities faithfully and constantly hath served the Parliament in such commands as they have been pleased to enjoyn him and of which he doubteth not but all those with whom he hath had to do but will give testimony of his carriage and the good demeanour of himself therein accordingly yet such hath been his unhappinesse still to meet with persons ill affected to his proceedings and maligning him even in those services which hath no way conscerned his particular but for his promoting the publike with more zeal and candour then sufficient for he calleth God to Witnesse that to the best of his understanding he hath not done anything to the prejudice of the Parliament in the least or with any by-end or sinister respect for his own private but with singlenesse of heart and a good conscience to this day hath laboured to approve himself just and fair in all his proceedings both before God and man and he cannot help it if those that have sought themselves and peradventure have missed their ends by his more watchfulnesse in those wayes and things wherewith he hath been intrusted If some such as these men have aspersed him behinde his back for his labour with falfe and scandalous reports and otherwife have attempted for to destroy and ruine him which he shall let you see have therefore done it not that if they could herein have accomplished their desires it could any wayes have advantaged the common cause but onely to have removed an impediment out of their way which was too quick sighted perhaps to let those things passe unseen and undiscovered And therefore no sooner was he observed to be imployed in any thing that was Parliamentary but the malice of his enemies began afresh to display it self and now they laboured with all those with whom he had to do to possesse them with an evill opinion of him sometimes affirming that he was a Papist and held correspondence with Papists intimating the Earl of Arundel to the such a one and alleadging that Master Alexander held continuall Intelligences with him beyond the Seas and with his Son in the Kings quarters And albeit Master Alexander conceives his Lordship and Son not to be of that Religion and that it had been no offence to have written unto his Lordship the said Earl or any attending upon him of such things as were no wayes prejudiciall unto the State And albeit you may well perceive by that which hath been said before That Master Alexander and his Friends and Kinred on both sides have had Relation to that Noble Familie and dependance upon them for some Generations and that he hath in his own particular been imployed in his Lordships bufinesse and to have received many favours from him and disasters for his occasions and therefore that it were an Act of ingratitude in Master Alexander not to serve his Lordship and Family in all lawfull and just Commands yet was it a thing never so much as desired by them or any about them to imploy him in any thing concerning their Affairs since the unhappy troubles here begun nor hath he ever received Letter from them nor written Letter to them nor any about them since they left the Parliament either into parts beyond the Seas or into the Kings quarters Master Alexander being well understood to be of another judgement which he hopeth he hath manifested by his conversation and endeavours in the Service of the Parliament he hath otherwise been taxed to have held correspondence with Rebels in Ireland and under that Generall some have defamed him behinde his back to have held correspondence with the Marquesse of Ormond and that he sent him a 1000 l. which all that knows Master Alexander as it is now with him he was farre unable to do And Master Alexander hath been committed into custody of the Serjeant at Arms of the House of Commons as by the Order following may appear Die Mercurii 18. Octob. 1643. IT is this day Ordered by the Commons in Parliament Assembled That the Moneys consigned to the Lord Marquesse of Ormond into Ireland be staid and brought back again Master Reynolds and Master Goodwyn are to take care of this businesse Ordered That Master Alexander be sent for in safe custody by the Serjeant at Arms or his Deputie and forthwith brought to the said Commons to answer such matters as have been or shall be objected against him Hen. Elsynge Cler. Parl. D. Com. By force whereof Master Alexander was not long after taken into custody by the said Serjeant at Arms and some of those that wished Master Alexander no better then the rest did earnestly presse then to have had his House Studdy Trunkcs Papers and all strictly searched ransacked and perused upon this bare supposition and he hath heard Master Richard Fitz-Gerrald was of the same opinion which was then notwithstanding forborne by the discreet carriage of those that better understood Master Alexander and his carriage then Master Fitz-Gerrald But that you may more cleerly understand the demeanour of Master Alexander in this matter concerning this 1000 l. charged by him to have been sent to the Marquesse of Ormond will you be pleased to consider it in the order following Die Iovis 19. Octobris 1643. Grocers Hall At a Committee of Adventurers for the Affairs of Ireland present Sir David Watkins Alderman Kenrick Master Avery Master Featherston Master Strange Master Dethick Master Laughan Master Moyer Master Houbelon Master Thomason VVHereas at a Committee of the House of Commons and Adventurers in London for Irish Affairs holden at Grocers Hall the first day of August after a solemn debate and treaty with Master Abraham and Thomas Chamberlin of the Citie of London Merchants and Sir John Clotworthy Master Avery Master Moyer Master Dethick Master Cook Master Herring Master Thomason Master Houbelon all being of the said Committee then and there present that the said Merchants should give three Bills of Exchange for eight hundred pounds charged upon Raphaell Hunt of Dublin Merchant their Agent at two dayes after sight unto Sir Adam Loftus Knight Treasurer at Wars of the said Realm and then it was ordered That the Treasurers appointed for receiving of Moneys upon Subscriptions for Lands in Ireland according to an Ordinance of Parliament the 14. of July last should take
all his Goods and seized upon every writing and peece of Paper that they found in the house bound them up and carried them out of his house towards Cambden house and as they were carrying away Master Alexander by chance coming home met the same upon a Porters back and all the favour he could obtain at their hands was to go along with them unto Cambden House where they were laid up untill they were viewed and seen by them the said Mr. Milner and Mr. Gethin and much ado Mr. Alexander had at first to perswade so much favour as to have them viewed over in his presence and it was a good time before he could prevail with them unto that saying that it might be others might have the sight of them the first and they did take advise assuredly of their setters on before they would be drawn to view them and after they had viewed and perused them and found nothing that answered their expectation Mast Alexander had his writings delivered him back again with much ado and was inforced to cleer the property of his goods by oath and if it had not been his good fortune so opportunely for to have met with the Porter carrying them away ad they were going out of his house he is certainly perswaded they had been all carried to the utterest enemies which he had which he had not cared for if so they had not delivered back more then were taken from him and so possibly might have made something of nothing And albeit Master Alexander desired from them to see by what power he was thus used or abused rather they told him they had a Warrant by Ordinance of Parliament to do it but shewed him none to which he submitted notwithstanding upon their words and thus Master Alexander had his Goods rifled and spoiled and some of them lost and imbezelled and what Papers or other things amongst so many as they possessed are kept back from him it is not possible for him to misse at present That the Earl of Strafford himself never delt worse with any man in this nature thus to force and break open all his doors Truncks Locks c. without so much as ever speaking with him before hand and well knowing Master Alexander to be a man well affected to the Parliament and imployed daily in their service and this done without any authority at all For their said Ordinance though it be of a very large extent yet it extends no further but that they the said Master Gethin c. or any one of them assisted with one of the Committee of Sequestrations shall have power and authority to procure to be inventoried and secured to be forth coming any Money Plate Jewels Goods Chattels and personal Estate in the Custody of or to any Papists Delinquents or Malignants whose Estates are seizable c. And Master Alexander was not in the compasse of this power was yet never Papist Delinquent or Malignant howsoever he doth not understand that they had any colour to take away writings and evidences nor thus to deal with him when they were informed what he was yet thus hath he been dealt withall and when he desired from them but to be informed who were their setters on their answers were that if they had not done it others would whose names they would not discover for a 100 l. all which also he hath hitherto indured with patience And it was not long after that because he was so much favoured of some of his friends in commiseration to him having lost his whole estate by the Rebellion in Ireland That he had his dwelling given him there in a manner gratis that upon an instant he was inforced to remove and leave the place to satisfie the desires to some that thought it too much charity for him to enjoy such relief when others that have lesse need want it not and enjoy what their hearts can wish All this not yet working that effect so eagerly pursued after to destroy him and it being understood that Mr. Alexander had obtained the favour and good opinion of many worthy Lords and others of the Scotish Nation And it being feared by his Pursuers least it might turn to some imployment or other matter which might advance him further in their estimation therefore scandalized and traduced him to them behinde his back and laboured to be made as odious as if he were a monster and a man not worthy of their acquaintance insomuch that it could not be withholden to be told some of them that matters of their publike Affairs did receive prejudice by him and would not receive dispatch untill revenge had been had of that Knave Alexander giving him that Livery and using that expression of him which he hath passed by in silence too amongst the rest But malice hath no end but in the ruine of its object or of it self he hath escapt our fingers sayes some afterwards twice already but if he doth it the third time he shall have good luck and then again was convented upon the supposition of high contempts which ended in smoak and vanished a threatned man lives long And thus when the innocent are minished and brought low saith the Prophet David through oppression through any plague or trouble though God suffers them to be evilly entreated through Tyrants and let them wander out of the way in the Wildernesse yet helpeth he the poor out of misery and maketh him Housholds like a Flock of Sheep the righteous shall consider this and rejoyce and the mouth of all wickednesse shall be stopped who so is wise will ponder these things and they shall understand the loving kindenesse of the Lord Psal 107. 39 40 41 42 43. But this yet rested not here he must be exasperated and provoked further to impatience to gain advantages if possible against him whereby to enthrall and trouble him and having a publike imployment to attend he is there reviled with uncivill and approbrious speeches and hath the lie given him but for telling the truth and was termed a base Fellow to his face of him that was so indeed and by a person of far inferiour rank and quality to him himself and all to have stirred him up to that which hath been heretofore accompted the reward of such fowl language nay he had his Desk with all his Money and Papers in it in his absence taken out of the Office where he waited without any cause or provocation given but the intent was the same of Mr. Milners and Mr. Gethins thinking to have made mighty discoveries of Correspondencies holden with persons ill affected to the Parliament and do you not think that such a burnt childe as this hath need to dread the fire to be very wary and watchfull over his wayes But to proceed When all these things would not serve the turn nor any other aspersions unjustly cast upon him almost every day at publike and private meetings in Parliament in the City and every where to
but are not yet produced to give that satisfaction which upon many occasions is requisite It is now again thought fit and Ordered by this Committee that Master Deacon in whose custody they are alleadged to be be hereby required peremptorily forthwith to deliver unto Master John Goodwyn now of the chaire for this Committee all such Letters Coppies of Letters Orders Accompts and other writings either sent from hence or received from thence which concern that affaire to the end the Committee may from time to time make use of them for the advantage of the service whereof the said Master Deacon is not to fail Jo. Goodwyn But what was meant by this Master Alexander professeth he knoweth not but he conceiveth well and that it was to have managed the businesse in a better way than they at Grocers Hall have done but he hopeth it hath excused him from that Accusation and to those that have blamed him in this particular who hath no wayes been advantaged by it in the least farthing but hath contributed all his endeavours that might possibly promote the businesse and whosoever wrote to that State to draw over the monies hither to be imployed here he can wash his hands in innocency he hath had no finger in it indeed he remembreth something hath been written from thence to the said Committee at Grocers Hall informing such a thing to have been done and admiring the desire of it for that the States and Classes had Ordered otherwise from the beginning and that whatsoever monies should be thus Collected should be onely imployed to buy Victuall and to transport thither which hath been since done to such a value as formerly mentioned And now if you please you may observe from all that hath gone before the state and condition in which Master Alexander hath lived ever since he came to Act in this world that as 't is said Revel 12.4 The Dragon stood before the woman which was ready to be delivered for to devoure her child so soon as it was born so he came no sooner abroad to trade and traffique amongst men but he found the stream and Current of the times immediately to run very strong and violently against him and ever since he hath been enforced to saile both against winde and tide that he could never yet with Saint Paul attain to the faire Havens unto the desired place where he would be Acts 27.8 Psal 107.30 yet hath God many times made these stormes to be calmes so that the waves thereof have been sometimes still and quiet but like a Ram fallen backward to give the greater Butt in their comming on again and the stormy winds and tempests which hath lifted up these waves on high have brought him to his wits ends and have even melted his spirits because of the troubles yet he doth confesse when he hath cryed unto the Lord in these afflictions he hath saved him out of these distresses Therefore doth he praise him for his goodnesse and for the wonderfull workes which he doth unto the children of men you may also perceive Master Alexander hath still been upon the defensive part and hath laboured under the oppressions of those with whom he hath had to do and it hath been his ill hap evermore to be pursued by such as have been too strong and mighty for him that he can truely say with Israel Psal 129. Many a time have they afflicted me from my youth yet they have not prevailed against me the Plowers plowed upon my back and have made long furrows but the righteous Lord hath hewen their snares in peeces you know the report of great ones must render a man suspected at least though never so innocent if not distastfull to that sort of people who beleeve things as they are informed of them by their superiours whom they trust who carry authority with them to cry down any mans merits though never so worthy and can stick upon him scandalous imputations though undeserved and if it be thus how much sooner will things be credited which are done by colour of Justice and as if they had the stamp and an impression of truth set upon them by the powerfull hands of Authority which in those times admitted of neither dispute or contradiction nor was there any way left to repair innocence thus abused and for a close of all be pleased to re-collect these observations from the whole matter 1. That this Sentence thus given against Master Alexander was an occasion taken as for a thing long waited for and resolved upon before-hand to be put in Execution with the first opportunity and then see how easie a thing it is to finde a staffe to beat a dog 2. That Master Alexander attempting now at his first comming into the world to repair himself against the wrong done him by Master Godfrey as aforesaid he being a Popish adversary yet of great esteem and accompt in his Country as descended from so famous a Lawyer as his father was in his Generation allyed to many Ancient families there befriended by all the Gentry Therefore and for not complying with the times and refusing to betray the trust reposed in him and by reason of the many Stewardships which he had and therein having to deal with very many of the best Gentry of that County that held of those Lordships by Service and Rent the performance and payment whereof he now more strictly required the same being almost extinguished by the connivance or negligence of his predecessors exercising that Office and having therein also to deal with a rude multitude of the poorer sort of people who for small and petty debts were dayly sued in those Courts whose very necessities did raise clamour though justly proceeded against and Mr Alexander in the course of his calling in the very beginning thereof being much imployed for the inferiour sort of people and most commonly against the greatest wherein he did evermore performe his duty with all the power and faithfulnesse he was able and evermore with good successe which he hath continued to do unto this day he doubteth not but all indifferent men will judge that it was not possible for him to live without being envyed scandalized and questioned though in all you may perceive he still acquitted himself For he that doth truth commeth to the light that his deeds may be made manifest that they are wrought in God and the truth shall make him free Joh. 31. 8.32 3. That this Sentence was then given with a spirit of prejudication and resolution beforehand taken howsoever to condemn Master Alexander in this matter doth appear by the said Lord Keeper Coventrys proceedings in it from first to last wherein all the Officers in that Court acting under him and to free one of themselves carryed on the same more smoothly and so made it a thing almost impossible for Master Alexander to escape their fingers birds of one feather flying altogether to the prey which is more remarkable in the
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