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 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
and some others of His Majesties privy Counsell of that Kingdom whom his Lordship had interessed therein together with him self which was in the nature of an Injunction commanding your Petitioner not to proceed in his said Tryall and to refer th hearing of the businesse to certain Referrees intimate friends of the said Fearnsleys who were thereby appointed to hear and end the same and this was done before your Petitioner was ever called to make answer to the said Petition or that he was ever heard to say what he could object against it And albeit your Petitioner did afterwards Petition his Lordship and Counsell shewing the false suggestions of the said Petition and desiring to be left unto the Law yet could not your Petitioner obtain a dismission thereof but the said difference was notwithstanding continued referred to the said Referrees who conceived an order which your Petitioner durst not to gainsay all of them being persons before whom your Petitioner daily appeared in his Clients Causes which was That your Petitioner should accept of 40 l. at certain times in the said order mentioned when your Petitioner had spent above 40 l. in the prosecution of the suite besides his other dammages and losses to amounting above a 1000 l. more And whereas your Petitioner was Lessee for yeers of certain Lands and Tenements lying in the Town of Kilmainham neer Kels in the County of Meath within His Majesties said Realm of Ireland the Parson of the said Parish of Kels pretending that the greatest part of the said Town of Kilmainham did lye within the Limits and Precincts of the said Town of Kels made claim to the Tithes thereof Whereof neither he nor any his Predecessors Parsons of Kels within the memory of man had ever received any Tithes there nor had he any colour to demand the same but presuming to finde all favour against your Petitioner did therefore Petition the said Earl and Councell for recovery thereof to whose Petition your Petitioner was ordered to make answer and did so do and in his answer and otherwise it was informed to the said Earl and Counsell That the same was matter of Inheritance tryable by course of Common-Law Whither he craved to be dismissed and also craved in ayd of his Lessour to be made Party with him at least to the said suite that so his Inheritance might not be bound without his own defence but this was not admitted but the same Parson of Kells permitted still to go on and proceed in the said suite against your Petitioner onely to Issue and Examination of Witnesses by which means your Petitioner lost much time from his Calling and other Imployments and was enforced to expend great sums of money for his defence to his further trouble and vexation and dammage of 500 l. more That the Right Honourable the Earl Marshall of England on or about four yeers since procured His Majesties Letters and Licence for your Petitioners repair hither about his Lordships occasions which your petitioner caused to be delivered to one of the said Earl of Straffords Secretaries in Ireland his Lodship being then busie and not to be spoken with when your petitioner took the opportunity of a ship being then ready to set sail for England it being in the dead time of Winter and no other shipping expected to go from thence of a long time afterwards whereat the said Earl was mightily moved and enraged and threatned your petitioner and by his Lordships Letters then and otherwise since hath enformed His Majesty and others against your petitioner of foul crimes and misdemeanors whereof your petitioner is innocent and guiltlesse and for which your petitioner was committed to the prison of the Fleet and lay there restrained for a long time And thus the said Earl of Strafford hath drawn not onely His Majesties ill opinion and disaffection towards your petitioner but also the distast and ill conceit of many Noblemen and others who before time imployed your petitioner in their businesse and from whom your petitioner before then had countenance and good respect And by this means also your petitioner for this four yeers almost last past hath been kept from the use of his Calling and Profession and from the comfort of his Wife Children Fortune and Estate and spent great sums of money for the support of himself to his further dammage of 5000 l. more That in your Petitioners absence in England the Lady Anne Crosby Widow your Petitioners neer Kinswoman was stirred up to Petition against your Petitioners wife in Ireland to the said Earl of Strafford upon an Obligation of 2400 l. specialty conditioned for payment of 1200 l. with interest which was not then due nor untill a yeer after demand at which time also one Arthur Hill Esquire was also by recognizance and other good securities to pay then presently unto your Petitioners said wife for the use of your Petitioner 4540 l. Ster and more which your Petitioner had appointed to pay to others in Redemption of his Estate then in Morgage for so much money then to be also paid but upon the said Ladies petition without every making your Petitioner a Party and before that your said Petitioners wife was served to make any answer to the said Petition his Lordship made an Order upon the said Ladies Petition that your petitioners wife should answer the premisses and that in the interim the said Arthur Hill should stay and retain in his hands of your petitioners money 1200 l. whereawith to pay the said Lady and afterwards the said Lady the second time petitioned the said Earl to have the said 1200 l. out of the said Master Hills hands and to have your petitioners wife restrained from coming over hither to your petitioner And then albeit your petitioners wife answered the said Ladies petition and did thereby shew good cause why the said Lady ought not to demand the money and prayed to be left to the Law yet the said Lady so far prevailed therein that she gained the said money with interest and dammages for the time she caused it to be deposited in the said Master Hills hands against all Law or Equity and had not some other provision been made for payment of the Morgage money your petitioners Estate had been under a Forfeiture and in great danger to be lost All which extrajudiciall proceedings and grievous oppressions done unto your petitioner by the said Earl of Strafford to your petitioners utter overthrow and undoing and against the common and ordinary Rules of Iustice in His Majesties Realms of England and Ireland he humbly beseecheth this Honourable Assembly to take into consideration and do therein for your petitioners relief as in your great Wisedoms shall be thought fit And that because your petitioners Witnesses are many and some Noblemen and of great quality the most of them in Ireland whose charges your petitioner is not able to bear to bring personally before your Lordships hither to be examined in the premisses Therefore
after the Sentence 1 That the Fine was passed under the Great Seal to one Master Humfrey Fulwood then Master Secretary Cokes servant and the greatest part of it paid without such Instalment as is usually allowed of course in such cases 2 That by means of the late Lord Coventry then Lord Keeper of the Great Seal of England his great advesary and of the late Earl of Strafford as ill affected to him His Majesties Grace and Favour for pardon being then all the means left to give him being in the world was continually interrupted and kept from him that by many yeers sollicitation of hisfriends in his absence in Ireland and of many noble Personages at Court it could not be obtained And when at length his father in law with much ado prevailed with His Majestie for it yet the said Lord Coventry so prevailed with His Majestie that he caused a Condition to be inserted in it That he should not have liberty to use his Profession here in this Kingdom to put him out of all hopes of returning well knowing that he was resolved to question his injustice whereof there needed little other proof then the very Sentence it self Then to make good these Exceptions I shall take the Sentence asunder and in Parts and so proceed to shew the apparant Injustice done to Master Alexander by it and the Errours and Irregularity thereof 1. THis day came to be heard by special Order of this honourable Court of the 10 of this instant November a very foul Offence Practice and Misdemeanour of the Jerome Alexander an Utter-Barrester at the Law and late 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 ac a former Triall of Nisi Prius in the Countie of Norfolk between him the said Yates then Plaintiff and the said Alexander then Defendant Sentence fol. 1 In this first observe The Sentence is given so soon as 't is begun and before any matter shown to prove the Fact Master Alexander is pronounced guilty of a foul Offence Practice and Misdemeanour according to that Rule of Matchiavil who adviseth to cast dirt enough in the face and some will stick to scandalize with many Reproaches and the party though never so innocent shall not go away without some stain in his Reputation Nor was the said Yates his threatning and terrifying of Witnesses therein mentioned the main wherewith the said Yates stood charged in that Suit wherein Master Alexander was Plaintiff against the said Yates and others Defendants as the said Sentence unjustly recites but the said Yates in that Suit was likewise charged with Subnornation of Perjury and Imbracery as well with that Charge and which stands proved against him in that Suit To make this appear you shall understand that in Easter-Term 19 Jacobi Master Alexander preferred his Bill of Complaint in that Court of Star-Chamber against Owen Godfrey Esquire for Perjury John Yates for subornation of Perjury and for embracing of Jurors and for tampering with and terrifying of Witnesses and against Allan Lampkin William Wacy and John Lawrence Jurors by Yates embraced The Bill sets forth that About the the 30 of April anno 14 Jacobi Master Alexanders father then deceased did together with one Edward Olifer and for his onely Debt cause three Writings to be made purporting Writings obligatory with penalties of 10 l. apiece mentioned to be conditioned for the payment of 5 l. apiece to the said John Yates at three severall days which being written subscribed and sealed by the said Olifer and Master Alexanders father were delivered into the hands of one Christopher Kirby with him to remain as Escrolls with this intent That if the said Yates should deliver up into the hands of the said Kirby one Obligation of the penalty of 40 l. conditioned for the payment of 24 l. wherein the said Olifer stood bound unto the said Yates to be cancelled that then the said Christoper Kirby should deliver the said three Writings into the hands of the said Yates as the Acts and Deeds of the said Olifer and of Master Alexanders father or otherwise not And further set forth that the said Yates did never deliver up the said Bond of 40 l. into the said Kirby's hands to be cancelled but refused so to do and therefore the said three Writings remained as Escrolls and void That shortly after the said Kirby died and after his decease and after such time as the money was to have been paid if the said Writings had taken effect the said Yates by some sinister means gains the said three Writings into his hands and putteth the same in suit against Master Alexanders father as if they had been his Deeds who pleaed this especial matter and concluded non sunt facta Whereupon issue was joyned but before the Triall Master Alexanders father died and made his said son his sole Executor who proved the Will and after Yates commenced Suit against him as Executor to his father upon the said three Writings to which Master Alexander pleaded the same plea as his father had done before And issue being joyned the said Yates had three severall times taken out the Record of Nisi prius and warned Master Alexander to a Triall which he attended to his extreme charge but still Yates durst not trie it Then Master Alexander took forth the Record to trie it by Proviso when the said Yates had secretly taken the same Record out also And now assuring himself that Master Alexander would be secure first before the said Assizes the said Yates the more for to colour over the matter laboured to have the differences put to arbitration which being condescended unto the Arbitratours met and heard the differences but did make no end and presently afterwards Yates endeavoured to have stollen a Triall of the said Cause before Master Alexander and his Witnesses should have come to Town where the Assizes were kept and the said Yates accordingly procured the same Cause to be called upon within an hour or two after Master Alexander came to the Town altogether unexpected to Master Alexander and the Cause so coming to a Triall and the Issue being Whether the said three Writings were delivered as the Deeds of the said Olifer and Master Alexanders father absolutely or as Escrolls Master Alexander produced five severall Witnesses those whose names were subscribed as Witnesses to the said Writings as others also present at the making and delivery of them to Kirby and one of them being a reverend Preacher and the maker of the Writings and the rest Gentlemen of good rank and quality all which proved fully and clearly that the same three Writings were delivered as Escrolls in such manner as Master Alexander had pleaded Against which Yates did produce the said Owen
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
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