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

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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
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
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