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
Fol. 6 in the Sentence It is an old Proverb Admit one errour and a thousand will follow If one sheep breaks over the hedge all the flock will after You have heard with what untruths this Sentence thus far hath been stufft out withall before to make out something of nothing if it had been possible to make this Sentence seem foul and Master Alexander seem odious to all that shall know nothing more but the reading of it and so shall it appear to be as unjust in that which follows But what this Cook should be that hath no Christian-name I am not able to imagine Sure he is filius nullius filius populi or of some spurious Brood that hath nothing but a blank left for his Sirname and his Christian-name set at the later end He cannot be a Cook by Profession sure and a Gentleman although by the slovenlinesse of his carriage in this action he shews himself no better So that what this Cook is it is yet to be understood but be he what he will or what he was that made such an Oath I must tell this Gentleman he hath much forgotten himself and hath much more wronged his conscience as much as they who did him the discourtesie to bring him into the open Court to make such an Oath so directly contrary to the truth and took from him the honour to have it made a Record for otherwhere it is not found registred in that Court but in the Record of this Sentence And because it is not said wherein Master Alexander was found thus very foul in his own Cause c. and that it was in some such thing for which he was bound to his good behaviour by Master Justice Dodderidge then Judge of the Assize be pleased to peruse the Certificates following and then judge of the truth of this Deposition I Have searched the Book of the Clerk of Assizes for the County of Norfolk from the tenth yeer of King James untill the third yeer of King Charles and do not finde in all that time that Jerome Alexander was bound to his good behaviour 23 February 1641. Jasper Waterhouse Deputat Cler. Assiaz ibid. Thomas Talbot of London Gent. doth depose That this Writing is a true Certificate of the matter therein mentioned received from the hands of the said Master Waterhouse my self first making search with him in the Books therein mentioned Jurat 5 die Maii 1642. Ro. Riche And lest it should be thought that this Gentleman Master Cook was but a little mistaken and that it was at some Sessions of the Peace in the said County where Master Alexander was so bound unto his good behaviour give leave therefore to satisfie him and the world in that also by this other Certificate of the Clerk of the Peace in that County as it followeth 4 dir Martii 1640. UPon search of all the Sessions-Books from primo Jacobi till tertio Caroli I do not finde in all that time that Jermoe Alexander Esq was ever bound either to the Peace or good Behaviour And this I shall be ready to approve by the said Records whensoever it shall be required Edmund Anguishe Cler. pacis Com. Norf. And that it may appear there are no more or other Affidavits made in that Cause upon Record in the Court of Star-Chamber then what hath formerly been herein remembred be pleased to cast your eye upon this other Certificate following which will satisfie that for truth In Camera Stell decimo septimo die Apriliis Anno decimo septimo Caroli Regis IN the Cause wherein Jerome Alexander Esq was Plaintiff in this honourable Court against John Yates and others Defendants I finde that in Michaelmas Term secundo Caroli Regis there were but two Affidavits made in the said Cause the one by the said Master Alexander bearing date the 26 of October and the other made by one Charles Bagshaw of Bernards-Inne London Gent. bearing date the 14 day of November Ex. per Aylwry Thomas Talbot of London Gent. doth depose That this Writing is the same Certificate which was delivered to me by Master Aylwry Officer whose name is thereunder subscribed Jurat 5 die Maii 1642. Ro. Riche And thus you have an Accusation without a Witnesse and a Witnesse without a name and both without truth But by this time Master Alexander doubteth not but the Reader is satisfied of this Gentleman Master Cook his grosse mistake not to call it otherwise And Master Alexander in this case doth also appeal to all men if it were possible for the most innocent man alive being thus dealt withall or howsoever to be free from destruction when the Pale of the Law was thus broken down and all things admitted to enter without form or truth to confound him that was but ooked upon with an evil eye as averse unto those times and suspected might prove hurtfull to their designes and when that power of dispensing the Laws for protecting the innocent was put into the hands of those which wrested it to their own ends for the very oppression of the subject but Master Cook hath done herein as Nebuchad-nezzar told his dream He tells his wise-men that he had a dream but never tells them what it was But some will say There was not so much smoke but sure there was some fire and therefore though this Master Cook hath missed the Cushion yet there lies some Pad hid in the Straw which if it could be discovered and found out would happily make out something which Master Cook drives at Therefore Master Alexander hath made a strict scrutiny into himself if possible to finde out this man and his meaning and saith That he cannot remember what this Cook should be or what this matter should mean if not this About the seventeenth yeer of King James his Reign there was then one Thomas Cook a young man who by one Master Thomas Clowdsley sometimes an Attorney in the Court of Common-Pleas his father in law was put unto Ryce Gwin Esquire after Serjeant at Law dwelling in the same Town with Master Alexander in Norfolk to be one of his Clerks with whom this Master Cook continued for some time And so it fell out that in this time of their neighbouring together Master Serjeant Gwin conceived some causlesse displeasure against Master Alexander and waited but the opportunity to be revenged Master Alexander in this time had purchased from a kinsman of his one Master Thomas Plandon as much land as came to 600 l. or thereabouts for which he had given severall Bonds for the payment of the money in time But Master Plandon afterwards being desirous to travell beyond the Seas intreated ready money and compounded to rebate for the time to be supplied with the main Sum presently Whereupon they concluded and Master Alexander paid him the money But because the Bonds were not in Master Plandons hands for the present he gave Master Alexander a particular Acquittance for the same debt at first and not long after
care not onely to see unto the transportation of the said Bills of Exchange unto Dublin accordingly but also to pay unto the said Abraham and Thomas Chamberlin the said sum of eight hundred pounds within six moneths after certain notice should be given to the said Committee of the payment of the said Money there in Dublin as aforesaid And whereas severall other Bills of Exchange were made by and in the names of George Peacock Francis Roe and Richard Chapman to be paid by the said Treasurers at Grocers Hall or to their Assigns viz. That of Peacocks for payment of fifty pounds and that of Roes for payment of one hundred pounds and that of Chapmans for payment of seventy pounds two of them bearing date the seventh of August 1643. and the other the fifth of July All which sums last mentioned were also directed to be paid to the said Sir Adam Loftus and were accepted by the said Committee for so much money subscribed upon the said Ordinance of the 14. of July aforesaid in case the said Moneys should be punctually paid All which being then ordered and agreed upon by the said Committee to be sent to Dublin The said order by the negligence of the Clerk was omitted to be entred at large in the Book of Orders at the said Committee and yet the said Bills were sent to Dublin accordingly by direction of the Treasurers of the 14. of July aforesaid by Jerome Alexander Esquire their Sub-Treasurer who was directed to send the same to the Marquesse of Ormond by him to be delivered to the sAid Sir Adam Loftus to be disposed of as he should think fit for the service of the Army Now forasmuch as upon search of the Book of Orders aforesaid we finde this omitted to be Recorded as it ought to have been We therefore of the said Committee now present being well satisfied of the truth hereof have ordered and directed this matter now to be entred and registred in the Book of Orders of this Committee for manifestation of the truth hereof That all Parties herein concerned may for the time to come finde an Attestation of this matter for their satisfaction and discharge of what hath severally been done or is hereafter to be performed for and concerning to the same Richard Deacon Clerk to the said Committee Which matter being afterwards examined by a Committee of the Honourable House of Commons made Die Lunae 23. Octob. 1643. where Master Lisle had the Chair and Master Alexanders innocence and clearnesse appearing unto the said Honourable House of Commons that Master Alexander had done nothing therein but what he was commanded by the said Committee and Treasurers of Grocers Hall and what was agreed and resolved upon when Sir John Clotworthy Knight one of their Members was present he was thereupon discharged as appears by the Order made by the Honourable Houses of Commons upon that report Die Iovis 26. Octob. 1643. VPon the report frem the Committee of Adventurers for Ireland of London concerning Master Jerome Alexander affirming that what M. Jerome Alexander did in the conveying of the Moneys to the Marquesse of Ormond he did by directions of that Committee and in pursuance of an Order made by them It is this day Ordered by the Commons House of Parliament That the said Master Jerome Alexander be forthwith discharged from any further Restraint Hen. Elsynge Cler. Parl. D. Com. But no sooner was Master Alexander delivered and out of restraint Nehemiah 10 11 12 13 14. but presently again to terrifie and affright him thinking thereby to make him leave and forsake this City if to have been afraid of his own shaddow it was declared unto him That he was accused strongly by some at a private meeting for doing ill offices between the Parliament and City of London wherein he was charged to have done that which he could but answer with his life and that he was also voted by a Committee for to be again committed to the Serjeant at Arms of the House of Commons which was so ordered as it was related and if the Serjeant at Arms would have adentured to have taken Master Alexander into custody again upon an Order made by those who had no power of commitment he had been certainly imprisoned the second time and upon like ground as before but when the mistake was better understood or at least the end thereof failing and being disappointed and Master Alexander therefore walking still at large the further pursuite of that Order ceased But not long afterwards a new device was set on foot again for to inthrall him And thus it was Master Alexanders wife having borrowed some Houshold-stuff of one of her Kinswomen here in Town wherewith to furnish him a house was constrained to bring the same into her house when she could have it in the Winter time about six a clock in the morning and six at night which was colour enough to pick a quarrell at this proceeding and to give out That these Goods were belonging to Malignants and that there was much Plate amongst them of great value Under which pretence and supposition or for some other prerence one day when Mast Alexander was known to be absent from home one Master Maurice Gethin and Master Tempast Milner Citizens of London were dealt withall by some of Master Alexanders enemies by colour of an Ordinance which they had obtained of the 16. of October 1643. to seize upon Papists Delinquents or Malignants Estates seizable to come to the house where Master Alexander was lodged in Loathbury in London and to enter the same and under pretence to search for such Goods of Deliquents Papists and Malignants to seize and possesse all Master Alexanders Papers and Writings whatsoever which they could finde And the said Master Gethin and Master Milner with ten Persons more at the least in their Company and whom they had hired for that purpose on or about the of 1643. having watched their opportunity when Master Alexander was from home as aforesaid they forcibly entered into his house and set a strict watch and ward round about it not suffering any body to go in or out till they had effected what they came for they also in an instant entered severally into every Room of the house at once there being none of his Family within doors when they came in but Master Alexanders wife whom they thus very much terrified and affrighted And albeit she desired to see by what Warrant they did it telling them they were mistaken and that her husband was no such man as to have his house entered after that manner for a Papist Malignant or Delin quent yet would they not shew her by what authority they so came thither but with such Instruments as they brought with them forced and broke open Master Alexanders Studdy doors Desks Chests Truncks and Cabinets in the severall Rooms at one time and searched and ransacked all of them and every Room and corner of the house Inventoried
make him odious not onely to his friends and acquaintance but to all good men that should come but to hear of him then Canis ad vemisum this old censure is again revived to blanch him now in the opinion of those with whom he had to do both in publike businesses and concerning his own particular and if possible thus to bury him alive Sir John Clotworthy Knight a Member of the Honourable House of Commons is without cause incensed a gainst Mr. Alexander and labours his ruine by all the wayes and means he can and now at a publike meeting of the Committee for Irish Affairs in London whereof Mr. Alexander is a Member the said Sir John Clotworthy speaking contemptuously and disgracefully of Mr. Alexander unto many others of the Members of the Committee uttered these words and speeches to them of him saying That Mr. Alexander was a perjured person and that he had been fined for Perjury and Forgery in the Star-Chamber further saying That he was unworthy to sit amongst them and wondered that they would so much as admit him into their Company whereupon at the next meeting of the said Committee at Grocers Hall the 18 of November 1643. the said Committee enformed Mr. Alexander thereof and entreated him that he would forbear sitting amongst them untill he should have purged himself of the said Accusations and withall sent unto Sir John Clotworthy that he would be pleased to produce the said Sentence by which the truth of his Allegations might appear or otherwise they should have no reason to out Master Alexander of the imployment amongst them and thereupon the said Committee conceived this Order following Die Sabbati 18. November 1643. At the Committee of Adventurers of the House of Commons and Adventurers chosen in London for the Affairs of Ireland FOrasmuch as Sir John Clotworthy Knight a Member of the House of Commons and one of the Members of this Committee hath accused Mr. Jerome Alexander one other of the Members of the said Committee to severall persos of the said Committee yester day at a meeting at Goldsmiths Hall to be a Perjured person for which and for Forgery he hath been fined in the Star-Chamber and therefore a thing dishonourable to this Committee to have him any longer to continue amongst us all this matter against him being but yet alleaged we have not thought fit so far to proceed against him herein untill we shall be further satisfied of the truth hereof It is therefore Ordered That Sir David Watkins and such others of the Committee us he shall think fit be desired to entreat Sir John Clotworthy that he will be pleased to produce unto this Committee such Records or proof of these things against Master Alexander as may satisfie this Committee of the truth of these Allegations and then we shall proceed to do therein as shall be fit And because these are matters trenching so deeply upon the said Master Alexander as we conceive his very being depends upon it we shall forbear to declare any opinion in the matter but do entreat him in the interim to forbear sitting with us of Whoe credit and reputation we shall be very tender for the good service he hath done at this Committe Richard Deacon Clerk to the said Committee Thus you may perceive how violently he was prosecuted but the said Order being accordingly delivered unto Sir Iohn Clothworthy the Committee for Irish Affairs at Westminster whereof Sir Iohn Clothworthy is one appointed a meeting for those Irish businesses at Goldsmiths Hall whether some of the said Committee of Citizens Adventurers in London for Lands in Ireland of Grocers Hall went directed purposely to hear and see what Sir Iohn Clotworthy could produce for making of that Charge good against Master Alexander where the Copy of the said Sentence was then read in their presence and the Fait of the said pardon so procured by his Father in law as aforesaid which when those of the said Committee of Crocers Hall had heard and well understood they declared their opinions That there was nothing in that Sentence which did make good any such charges against Master Alexander as he had spoken of him yet was it then pressed That they would have joyned to have voted out Mr. Alexander from sitting any longer at Grocers Hall as a Member of that Committee which they refused to do and afterwards at another meeting of the said Committee of Grocers Hall they made the Order following Die Martis 28. November 1643. At the Committee of Adventurers of the House of Commons and Adventurers chosen in London for the Affairs of Ireland VVHereas by the Order of the 18. of November instant for the Reasons therein alledged we entreated Master Alexander being one of our Members to forbear sitting with us being then accused by Sir John Clotworthy Knight to be a Perjured person and that he had been fined for Perjury and Forgery in the Star-Chamber And whereas the said Sir Iohn was by us enterated to produce such Records and proofs of these things as might satisfie this Committee of the truth of these Charges against him but instead of such proof and Records the said Sir Iohn and other sitting at Goldsmiths Hall as a Committee of the House of Commons for Irish Affairs where some of us were then present as private men did cause the Copy of a Sentence given against Master Alexander in His Majesties Court of Star-Chamber in Michaelmas Terme in the second yeer of His Majesties Reign for to be produced and read with the Copy of a pardon of some part of the Sentence procured by Master Alexander Father in law in his absence in Ireland which Were then moved to satisfie the truth of the former Charges and further pressed as a Crime for which he was unworthy to be of the said Committee and pressed us to have joyned with them to have voted him out for sitting any longer amongst us but having heard the said Sentence read we finde no such thing as Forgery or Perjury in the businesse if the Sentence were just but is for the supposed defacing and blotting out of two words that and did out of Paper Copy of a Deposition used against one Yates at a hearing wherein Master Alexander was Plaintiff against the said Yates in that Court And albeit we will not take upon us for to judge the said Sentence yet we conceive it founded upon very weak grounds there being neither Bill Information or ore tenus for the manner of the proceeding nor proof against Master Alexander to convince him of the Fact for which he is sentenced and his Oath three severall times sworn for his purgation in the very sentence appearing and many other miscarriages in the Sentence by him alledged which we leave to be judged in his proper place But for this cause and fora much as we do conceive it not to be in our power that one Member should vote out another being first established by the same Election
of the body of Adventurers with our sleves and setled with us by the Ordinances of the Lords and Commons in Parliament which we conceive not in our power to alter and because we hold it not agreeable to justice that any man should be condemned before he be first heard to answer for himself and the matter be tried whether it be right or wong And forasmuch as upon the producing of the pardon of the main part of the Sentence we bold it not agreeable to the Rules of Law or Religion That if the Sentence had been just yet that afterwards the same thing should be objected again against him as a transgression upon all which matter We do for our parts declare That we have no just cause any longer to restrain Master Alexander from sitting amongst us according to the lawfulnesse of his Election and the rather because nothing appears to us to prove him guilty of any those heavy Charges Sir Iohn Clotworthy hath laid against him nor of any crime or offence Whatsoever deserving our ill opinions of whose good demeanour and great service amongst us we are well satisfied And have therefore Ordered That the said Master Alexander shall again take his place amongst us and sit and Vote and Act together with us as formerly he hath done any former Orders to the contrary by us made heretofore in any wise notwithstanding Richard Deacon Clerk to the said Committee All this brings to my remembrance that story of Darius that Great King of the Medes and Persians and the Prophet Daniel who much against his willingnesse being enforced to cast the Prophet into the Lions Den for to satisfie the breach fo that Law made by his Presidents and Princes who when they could finde no occasion or fault against him concerning the Kingdom forasmuch as he was faithfull made his Royall Statute and Decree to catch him in things concerning his God who crying out O Daniel servant of the living God is thy God whom thou servest continually abloe to deliver thee from the Lions Answered My God hath sent his Angel and hath shut the Lions mouthes that they have not hurt me forasmuch as before him innocency was found in me and also before thee O king have done no hurt for he delivereth and reserveth and he worketh signs and wonders in Heaven and in Earth who hath delivered Daniel from the power of the Lions Dan. 6. Master Alexander endured this great scandall also with silence untill that the Irish Affairs might be setled that so he might give no disturbance to the proceedings with resolution afterwards to seek his remedy and this failing to work that effect for which it was intended the prosecution seased not here for then he must be yet again convented but for executing of that power given to the Committee of Grocers Hall whereof he was a Member by the Honourable Committee of both Kingdoms to do service for the State in finding out and sending away for Ireland such Goods as had been bought and paid for some yeers before with the Adventures Money and lay here and there in severall Stores and Houses spoiling which were worth 5000l or thereabout and which at last the said Committee sent for Ireland to the Forces in Vlster after a great deal of opposition But in the performing of this duty both Master Alexander and all the rest of the Committee at Grocers Hall have been accused to the Honourable House of Commons for to have disobeyed the Orders of the Honourable Committee of both Kingdoms as doth appear by the Order following Die Veneris 19 July 1644. WHereas the Committee of both Kingdoms at Derby-House Ordered on the 13. of this Instant That the Arms and the rest of the Provisions claimed by Sir Joh. Clotworthy should not be removed or shipped away untill the Committee should be further satisfied concerning the same this House being enformed that contrary to the said Order the said Arms and other Provisions claimed by Sir John Clotworthy are either shipt or ready to be shipt away in the Blessing Master Ashmore Captain It is therefore Ordered That the said Captain and Store-keepers or such others whatsoever as are entrusted with the keeping or shipping of any Arms or other Provisions now to be sent for Ireland do deliver the said Arms and provisions claimed by Sir John Clotworthy according to the Note given in unto M. Maurice Thomson or M. William Pennoyre or such as they shall appoint for the same who are to reserve them in their custody untill further Order be given them from this House therein Hen. Elsynge Cl. Parl. D. Com. By force of which Order after that the Arms and Goods therein mentioned were on ship-board and safely stoed amidst many other Goods Arms and other things ready to be transported for Ireland according to the Order of the Honourable Committee of both Kingdoms the Ship was Rummadged and the Goods tossed to and from and much spoyled to find out such Arms and Provisions which had no such Marks as informed and thereupon so many in quantity were taken from off a ship-board again and it may be more then demanded and what is become of those Goods the Committee of Grocers Hall knoweth not But that the said Committee of Grocers Hall and M. Alexander amongst the rest may appear to be free and cleer from any such disobedience to the Orders of the Honourable Committee of both Kingdoms will you please to understand the carriage of that businesse also from first to last and then to judge where the fault lies For this be first pleased to peruse the first Order given by the Honourable Committee of both Kingdoms to the Committee at Grocers Hall concerning this businesse At the Committee of both Kingdoms at Derby House Die Mercurii 17. Aprilis 1644. Ordered THat the Committee at Grocers Hall be desired to send a particular to the Sub-Committee appointed to meet at Gold-smiths-Hall on Friday next of all such Artillery Arms Ammunition Victuall Clothes or other Provisions which have been made for Ireland and not yet sent and shall have power in the mean time to examine any persons whom they shall conceive to have any such Provisions in their hands Ex. Gualter Frost Secretary to the same Committee In conformity and obedience unto which Order the said Committee at Grocers Hall did make a Returne accordingly which consist of so many particulars as it were too tedious to insert herein but thereupon the Honourable Committee of both Kingdoms did make this other Order following At the Committee of both Kingdoms 20. Aprilis 1644. Vpon reading of the Certificate of the Committee of Citizens Adventurers in London now produced conforme to the Order of the 17. of this Instant Aprill it is now further Ordered That they be desired to collect and take into their hands whatsoever of the said Arms Artillery Ammunition Victuals and Provisions which they can receive from any of the said person named in the aforesaid Certificate and whatsoever other the
of coming in and exhibiting of that Petition and what persons will avow it They humbly crave leave to inform this Honourable Assembly That your Petitioners of the said Committee whose names are hereunto subscribed will and do avow the said Petition and that it is their sense and humble desires to this Honourable Affembly and that you would be pleased to consider the Demands of the said Petitioners and to give such Answer thereunto as in your judgements shall be thought fit And they humbly inform further That they did never disavow the said Petition at any meeting whatsoever but do confesse Some of them being demanded at an Assembly of the Adventurers Whether they had preferred any Petition to crosse the passing of the Ordinance intended for levying and raising of the 80000 l. for the affairs of Ireland did deny to have preferred any such Petition But for the Petition which they have presented by Master Spurstow they never did deny the presenting of the same nor do deny it All which they leave to the consideration of this Honourable Assembly Sir David Watkins Knight Jerome Alexander John Strange Michael Hearing Samuel Langham Samuel Moyer Richard Hill George Thomason John Dethicke James Houbelon Richard Leader And Master Alderman Bunce and Master Deputy Avery because they could not attend with the rest of the Committee of Grocers-Hall at Westminster at that meeting did by their Letter written to the said Committee of the House of Commons avow the presenting of that Petition by Master Spurstow and offering to make it good with the rest of the said Committee of Grocers Hall And Master Alderman Kendrick and Master Featherston albeit they were not then present at the presenting of the said Petition yet will also avow the said Petition and with the rest desire it may be considered by the House of Commons And lest it may not be believed that Sir John Clotworthy Knight had the Treasurers Accompts of the Ordinances of the 30 of January 1642 and of the 14 of July 1643 made for raising moneys for the affairs of Ireland because he so confidently averred the contrary and that Master Alexander was a Treasurer for the receipt of moneys brought in upon those Ordinances be pleased to consider the Order follwing Grocers-Hall Die Martis 9 Januarii 1643. REsolved upon the Question by the Committee and Body of Adventurers for Ireland That Alderman Foot Alderman Kendrick Sheriff Bunce and Master Avery the Treasurers and Master Alexander be requried to bring in to this Committee on Thursday next in the afternoon a perfect List or Note of the names of all such persons as have subscribed or given Moneys or Provisions for Ireland upon the Ordinance of Parliament of the 14 of July last as well by way of Adventure as Benevolence with the Sums of money by each person adventured or given how much each person hath paid in thereupon and how much thereof is yet unpaid and that the said Treasurers and Master Alexander de subscribe this Accompt Resolved c. That Sir John Clotworthy Knight Captain Methwold Master Floud and Master Dethick be desired to receive this Accompt and to put it into an Alphabeticall-way for the names of the said Adventurers and Givers to be presented to this Committee Resolved c. That Sir Paul Pyndar Knight Alderman Kendrick Master Maurice Thomson Master Pennoyer Master Casteele and Master Benjamin Goodwyn the Treasurers and Master Alexander be required to bring in to this Committee on this day sevennight a like perfect List or Note of all Moneys and Provisions that have been lent or given towards the relief of Ireland upon the Ordinance of Parliament of the thirtieth of January 1642 and that the said Treasurers and master Alexander do subscribe the same Jo. Goodwyn You see the time These Votes or Orders were made the 9 of January 1643 and so fierce and pressing he was that they must be finished in two days A hard Task But to avoid all blame or suspition of delay they laboured day and night to finish the said Accompts to clear themselves from those Objections which had been made and cast upon Master Alexander at those meetings albeit they no otherwise did concern him then as aforesaid Be pleased also amongst the rest to peruse the Letter and Warrant following and it will satisfie all men of Sir John Clotworthy's having these Accompts in his hands in January last four moneths before they were put into the Committee of Accompts To our very worthy friends Alderman Foot Alderman Kendrick Sheriff Bunce and Master Avery Treasurers appointed by the Ordinance of the 14 of July 1643 for Subscriptions for Ireland Gentlemen ACcording to the Resolution taken by the Committee and Body of Adventurers on Tuesday last we have now attended here to receive the Accompts which concern the moneys and Provisions subscribed and come in for Ireland upon the Ordinance of Parliament of the 14 of July last And understanding that the Accounts are prepared but no yet subscribed by all the Treasurers we desire for the better speeding of the businesse and satisfaction to the Adventurers that the said Accompts may be such as shall give a full Charge and be subscribed by you all and delivered by to morrow morning unto Sir John Clotworthy to the end we may forth with proceed to do that which is required on our part and the Adventurers be satisfied in what they will expect at their next meeting And so we rest Grocers-Hall the 11 of January 1643. Your affectionate friends and servants Jo. Clotworthy William Methwold Charles Lloyd Jo. Dethicke You may please to send them by the Officer of this House to Sir John Clotworworthy's house in Queens-street VVE who are appointed to supervize the Accompt brought in by Master Alexander c. do desire the Adventurers to meet at Grocers Hall on Thursday next by nine of the clock in the morning to consider of some particulars in the said Accompt that all men may have sat is faction thereof that are interested therein Goldsmiths-Hall this 23. January 1643. Joh. Clotworthy Wil. Methwold Charles Lloyd Joh. Dethick And by all this doth it not seem strange that such a charge should bee laid against Master Alexander concerning these Accompts which he had thus cleerly performed in though as you may perceive hee is not so concerned in them that he is liable to give any Accompts but to the Treasurers onely and they are answerable unto the State as they have often told him But will you not think it more strange that these proceedings should be and things thus carried and yet these Accompts of the thirieth of January before these times and from time to time being put in before the Committee of the House of Commons for Irish affairs at Westminster whereof Sir John Clotworthy is one and that continually attended that Committee nay these Accompts examined and audited by Master Collins Auditor for the Irish Accompts and by master William Hawkins the Secretary unto the said
Committee for Irish affairs at Westminster and if any errours or miscarriages had been in the said Accompts surely they would have quickly found them and I cannot beleeve they would have concealed any thing that might have made against Master Alexander if any thing had appeared in them worthy of blame But is it not to be more admired that all this ado should be made about these Accompts and Master Alexander of all the rest and none but he called upon and thus questioned concerning them when that Honourable Committee of the House of Commons for Irish affairs sitting at Westminster whereof Sir John Clotworthy is one as is said before in December 1643. had by their Order discharged Master Alexander from medling in the Officer and had placed another in his Room as appears by the Order following Committee for the Affairs of Ireland Die Veneris viz. 9. December 1643. THis Committee being very sensible of the prejudice which doth already and may hereafter come unto the service of Ireland by the continuall neglect of master Jerome Alexander who is appointed by the Treasurers at Guild-hall nominated in the Ordinance of Parliament of the 30. of January last for a new Loan and Contribution towards the relief of that Kingdom to attend that Receipt their Orders being by him slighted and he refusing to attend this Committee as he hath been often required they have now thought fit that the said Treasurers do appoint Master Richard Warburton who is well acquainted with the businesse to take into his charge and custody the Books and Papers belonging to that Ordinance and to state and perfect the Accompts concerning the same and that hee attend the Receipts and Payments upon that Ordinance for the time to come by the order and directious of the Treasurers so as the service may not suffer by any neglect Joh Goodwin Thus you may perceive that whether Master Alexander were in the office or out of the Office all is one his quiet is never a whit the more and yet since this Order all the Orders that have come from that Honourable Committee for Irish affairs at Westminster to the Treasurers they have been deliuered to Master Warburton who with one Master Benjamin Goodwin one of the said Treasurers hath carried on the bu2inesse with him and yet Master Alexander must still be called upon for Accompts And whereas this Order mentioneth neglects and contempts Master Alexander was ever obedient to their Orders and caused the Accompts to bee delivered in punctually from time to time as they were required or else hee had been worthy to have heard of it to his cost and I am sure you beleeve he should have heard of it in another kind And how hee hath behaved himself amongst those with whom hee hath had to do in these affairs you may be pleased to understand in the Certificate following VVE of the Committee of Adventurers in London for Lands in Ireland sitting at Grocers Hall do certifie and will bee ready to make it appear when we shall be called that Master Jerome Alexander was freely and unanimously chosen by the Body of the Adventurers in London to bee one of the Committee for Irish affairs at Grocers Hall and was at another meeting afterwards confirmed by a like consent That ever since hee hath peformed his duty with a great deal of care and industry for the Publique and hath in this time done many acceptable services for Ireland with that Candor as we conceive him worthy of all encour agement And we further conceive and by experience have found that if he had not been amongst us we could not have gone on so well in this Affair as we have done in regard hee is better acquainted with the state and condition of most parts of Ireland and the severall persons there imployed then wee are or can be David Watkins Jam. Bunce Joh. Kendrick Sam. Avery Hen. Fetherstone Rich. Hill Michael Herring James Houblon Joh. Dethick Joh. Strange Sam. Langham George Thomason Sam. Moyer Rich. Leader And Master Alexander is confident if he would have desired a Certificate from the Committee of Goldsmiths-hall of his carriage amongst them he could have procured a like manifestation of his good demeanour in that service but because it concerneth another imployment he hath been silent in it But thus you may perceive further what ill measure hee hath had and what opposition hee hath undergone and for no other cause or reason that he is conscious of unto himself if not for acting his part in the affairs wherein he hath been trusted with that fidelity and zeal that becomes an honest man And to the best of his understanding in all the course of his life the malice and prosecution that hee hath met withall have been for no other cause but that hee would never be drawn to betray any trust committed to his charge for any gain or tender of preferment whatsoever But why should Master Alexander think much at this usage seeing it is but the same thing which others sufer with himselfe and is that hath been and it is that which shall be And that which is doen is that which shall be done and there is no new thing under the Sun Ecclesiastes 1.9 But after all this it hath been objected surther But what hath been done for Ireland since Master Alexander hath been of that Committee for Irish affairs It is not possible for any man to think that it lay in his power to do more then his own personall endeavours could contribute and that he may put the question in answer of this demand What hath he left undone that any wayes lay in his power to do and promote for the good and well-fare of that Kingdom or of any His Majesties Dominions Nay ever since his coming for England after his escape from those blood-thirsty Rebelsin Ireland he hath spent his whole time and that means which he hath received from his friends in that service and both publikely and privately hath laboured by all the possible wayes he could to have relieved it and Ultra posse non est esse Let any man instance in any thing that he hath done to the least prejudice of the proceedings and if he cannot answer for himself let him bee condemned if that bee not so tearmed wherein he hath opposed those things which inall likely hood and appearance must have left the Forces and poor Protestants there in a farre worse condition then blessed be God now they are in It is a Rule that Contraria juxta se posita magis elucescunt By telling you peradventure what he hath not done you may happily give a guesse at that which hath followed upon his endeavours First of all then he doth professe That he hath not carried two faces in one Hood but in whatsoever Debates where he hath had the freedom to deliver himself and his opinion hee hath done it with singlenesse of heart cleerly without respect of persons he hath made the cause
finall and irrecoverable and so heavy and burthensome as that Master Alexander should never again be able to rise from under it for thus he disinabled him in his estate in his profession in his good name in his friends and made whatsoever uncomfortable to him which this life could afford that thus upon the matter he had buried him alive which to have compleated there wanted nothing but execution an Officer to have cast him into the grave the prison appointed from whence he should have been sure in his time never to have returned till he should have paid the uttermost farthing and performed whatsoever he required to have been done 16. That he seconded Yates his dismission with another Act of injustice as grievous as any of the rest he received a Bill of costs from Yates his Atturney which had a foundation answerable to the building false glosses upon the Text a Title appearing as untrue as the particulars therein were unjustly multiplied with an addition too in the Summa totalis more then justifiable or contained in the Summes that went before another brat of the same breeding thus rowling one stone more over his grave that so there might be weight enough to have kept him under ground 17. That by his meanes no installment of the Fine must bee in Master Alexanders Case which was a mercy admitted to all others in like condition and to such whose offences were proved Capitall and transcendent indeed and this Fine must be begged and paid and all other summes of money which he had adjudged to be paid by M. Alexander in that Court and was not this yet more grievous and intollerable and done out of malice to him 18. That he vowed he would not admit of any Pardon to passe under the great Seal for Master Alexander of the said Sentence so long as hee was Keeper of it which in part he performed and with much trouble to his patience and grief of his heart as you see it prooved it was that he permitted any thing to passe at all and if his power had not been imployed for a cloak of his maliciousnesse 1. Pet. 2.16 what had it been to him had he stood indifferently affected that after the Sentence past and that the Law had had its course that his Majesty should not bee as mercifull to M. Alexander as to any other of his Subjects you may understand the cause of his fear was the palpable injustice in these his Actions and that if M. Alexander should acquire any means and liberty for himself he conceived his spirit too great to put up such an injury at his hands when any opportunity should be offered to attempt the same 19. That he gave the said dismission for Yates against Master Alexander and awarded 130. pound Costs against him when it appeared unto him by such proof as had been made that M. Alexander had probabilem causam littigandi and much more and therefore by the course of that Court ought to have paid no Costs which further answers that objection That the Petitioner should commit the fact for his own advantage when no benefit could have accrewed to him by it at all there being sufficient testimony besides to prove the Charge and it had been an Act of great folly in M. Alexander to have done such a thing which must of necessity have been controuled in Court both by the Record and the Defendants Copy of the said Deposition and who can beleeve he would do that Act in secret which he had endeavoured to make publique by the mark like a hand set against it in the margent of the Copy for examination of it and which of necessity must discover it 20. And if the said Lord Keeper Coventry had not been more engaged in it than ordinary why would he have pressed a matter of no more importance or dammage either to the State or any other person than this was and carried it on with so high a hand and such violence especially against one of his own coat whose infirmities if he had found any in him he should therefore the rather have endeavoured to have concealed in the birth of his profession in hope of amendment than thus for to proceed without mercy or moderation I am sure herein he did not immitate his heavenly Father in mercy who forgiving thousands of Talents doth expect we should not for Pence take our Neighbours by the throat Luke 6.36 Mat. 18.32 33 34 35. 21. He suffered the Sentence to be interlaced with much scandalous and impertinent matter meerly suggested to render M. Alexander causlesly odious to all that should onely read it and understand no more and we say it is an easie thing to make a man of straw and kill him when we have done and if it may be admitted to insert without proof or warrant what a mans Adversary and his Councill can invent to make something of nothing whereby to charge his enemies I wounder who it is in such case can be safe from destruction or that can think his life and estate is not every minute in danger and when the said Lord Keeper Coventry who had first the perusuall of all Sentences given in that Court did permit this Sentence to be stuffed up with such untruths Is he blamelesse herein for doing to Master Alexander an intollerable injury and oppression 22. When he observed no Order in this proceeding which is the life of Government and where there is no Order there is confusion it is a Rule then in all Cases criminall if the supposed Delinquent deny the fact objected no prosecution should be made against him without Bill or Information Answer and Examination of Witnesses so that the Party accused might make his just Defence of all these Master Alexander was deprived and debarred and yet the Sentence supported by his only power and greatnesse as if it had been the most just one that ever was pronounced upon earth 23. You may also perceive what use of it hath been made from time to time against Master Alexander by all those his opposites with whom he hath had to do perverting it to serve their own turnes for his disgrace and though it be penned with as much asperity and disadvantage unto his Case and filled with as many falsities as there are lines yet because it came not high enough it must be reported to be far otherwise and worse then it is in it self which the late Earle of Strafford and now Sir John Clotworthy have been pleased to extend far beyond whatsoever is contained in it and all which you see Master Alexander hath hitherto suffered with a great deal of patience but doth now hope the time is come that his Case is known and if yet he shall not finde redresse of his sufferings he is so well inured to beare the burthen of these Calamities as he will yet rest in hope that that God which hath all this time protected him and kept him from destruction will either here or hereafter or in both satisfie him with his goodnesse 24. That Court of Star-Chamber it self in the exercise of it in those times was not so pure and cleer from question and exception both that it was by this Honourable Parliament found to be a great grievance and vexatious to the Subject and therefore dissolved it the Judges of that Court not keeping themselves to the points limitted by the Statute by which it stood principally founded and erected but did punish where no law did warrant and made decrees for things where they had no Authority and did inflict heavier punishment then by any law was warranted and contrary to the great Charter and was a meanes to introduce an Arbitrary power and Government And therefore no wonder if he that was an honest man and lived in any way averse unto those times and their proceedings extreamly suffered under its censures but we have seen the end of these blazing and falling stars who having deceived us all this while have been resolved into their Elements of earth and self respects Thus a man that is constantly carried by true principles though the compasse may through infirmity or Temptation sometimes admit variation or wavering yet it recollects it self again and will promote to the true pole what waves or winds soever beats against the ship perseverance in good things goeth never without its reward in the latter end it did Judas no good that he was of the twelve when once he fell away for it cannot do any man good to lay a good foundation if he build not a faire structure upon it for to begin in the Spirit and end in the flesh to set out good wine at the first and then that which is worse is the Devills banquet I am confident of my innocence I have produced my evidence let the Reader judge and I appeal to the searcher of hearts too who will one day acquit me and punish their uncharitablenesse that have condemned me by the measure of my sufferings and nothing else but I hope that God who in justice hath laid on the burthen will in mercy still strengthen my shoulders to support it and what my prayers and endeavours cannot prevent my patience shall undergoe yet let me crave this one thing at your hands that if you finde herein as Festus did of Paul Acts 25.18.19 That his Accusers stood up against him and could prove no evill accusation you will with Pauls Judges between your selves at least say of this man That he hath done nothing worthy whereof he hath been accused Acts 26.31 Voluntas Dei secreta sit nunquam injusta the cause why God punisheth may be hid but it is never unjust Therefore will I bear the indignation of the Lord because I have sinned against him Nehem. 9.33 Mich. 7.9 FINIS
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
then present wherein the said two words that 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 his Deposition was made positive and absolute as of his own knowledge whereas 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 hearsay Shortly afterwards viz. before two of the clock that afternoon the said Master Alexander came to Grayes-Inne to the said Master Jones his chamber there and then and there in presence and hearing of Master Hooker one other of the Attorneys of this honourable Court in great perplexity as it then seemed fell into some passions saying What an infortunate man am I What will become of me And 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 had 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 those words or altering the copie and that the copies were as he first received them Whereupon the said Alexander Master Jones and Master Hooker went all together into the Examiners Studie of this Court to see the Record of the originall Deposition of the said John Warren to the said 39 Interrogatory on his part which being shewed unto him 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 Master Alexander used the like speeches as before he had done in Master Jones his Studie and so departed Yet afterwards the said Alexander desirous and plotting how to excuse himself of defacing and blotting out of the said two words that and did out of the copie of the said Deposition and to lay and fix it upon the said Henry Nevile one of Master Jones his Clerks on the morrow after being the 26 day of October last came into the Star-Chamber-Office in Grayes-Inne and before Matthew Goade Esquire Deputie-Clerk of this Court being sworn upon the holy Euangelists did make a voluntary Oath and Affidavit That he having retained Master Jones for his Attorney and Henry Nevile his Clerk to take care and sollicite his said Suit and the Cause coming to publication the said Nevil undertook to procure for him the said Alexander the copies of the said Depositions taken in that Cause and for that purpose received not onely the Fees and Duties for such copies as he procured for him the said Alexander but likewise had extraordinary reward and satisfaction for his pains therein and that the said Nevile went with him the said Alexander to the Examiners Office of the Court and there procured other copies of Depositions belonging to this Cause which were delivered to the said Alexander in the presence of the said Nevile amongst which was contained the Deposition of the said John Warren That done he repaired with the said Books to Master Hudson being of his counsel to be advised and to peruse the same Depositions All which Depositions being perused accordingly as well of the said John Warren as the rest and his said Counsel conceiving the said John Warrens to the 39 Interrogatory to be something doubtfull he made a mark in the Margent thereof and wished the said Alexander for his better satisfaction to go and get the same examined in the office to see if the same Deposition were truely copied and that accordingly the said Alexander repaired therewith to the said Nevile and informed him what his Counsell had directed for examining the copie and the said Nevile took the said Deposition of the said Alexander and carried it to the Examiners Office but the Examiner not being within the said Alexander did leave the said copie of the said Deposition with the said Nevile to be examined promising him satisfaction and content for his pains and shortly after the said Alexander called to the said Nevile for the same who told him That he had examined the said Warrens Deposition in that point with the Originall and that he had then made it to agree with the Record and so delivered the same back again to the said Alexander with the two words that and did rased in the said Warrens Deposition as it now was in the said copie and after that the said Alexander gave him satisfaction for his pains and search And the said Alexander deposed and protested upon his Salvation That the said severall words that and did were in the said Warrens Deposition fair written when he delivered the same to the said Nevile and that the said words were rased and blotted out as they then were when he received the same back again from the said Nevile shewing the same to the said Master Alexander and said That he had made it to agree with the Record And the said Alexander protested and affirmed That the same was not altered or blotted out either by him or any other to his knowledge other then by the said Nevile as aforesaid And the said Alexander deposed That the said Nevile was trusted with the charge and care of the said Cause and having taken upon him to draw the Bill and part of the Interrogatory and took upon him the solliciting and managing of the said Cause and over and besides what he had received he moved the said Alexander to promise him further satisfaction after the hearing of the Cause At which next sitting being the 27 of October last according to the said Order was brought into this honourable Court the Record of the originall Deposition of the said John Warren taken upon the said 39 Interrogatory and was seen read and perused by this honourable Court wherein the said two words that and did were fair written without any blotting defacing or interlineation and thereupon the said Master Jones made humble suit to this honourable Court that he might be sworn in open Court for the clearing of himself of any manner of suspicion or the least touch that might have been imputed unto him thereabouts who was sworn accordingly and upon his Oath delivered That to his uttermost knowledge he never saw the said Paper-copie of the said John Warrens Deposition before it was put into his hands to be read at the hearing of the Cause the last Sitting before Whereupon all the honourable Presence openly pronounced the said Master Jones to be innocent and clear from the least suspicion of being privie or consenting to the said blotting or defacing of the said copie 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
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
and 36 Interrogatories Matthew Lancaster Esq li. C. fol. 1. to the 12 13 and 26 Interrogatories Edward Olifer li. A. fol. 1. to the 5 6 7 and 8 Interrogatories These four Witnesses do prove the same things with the former Deponent Master Robert Warren Clerk by whch the Perjury of Master Owen Godfrey rests cleerly proved without exception and the carriage of Yates to have circumvented Master Alexander in that Triall and to have condemned him in his absence without defence doth manifestly appear also And the Perjury being so cleerly proved the Subornation of Yates is an infallible Consequent thereof But to make it a little more cleer Thus much is deposed by John Allen Gent li. A. fol. 65. to the 36 Interrogatory To which this Deponent saith That it hath been generally held and reported in and about the countrey where the now-Complainant and the said Defendant Yates lived that the said Defendant Owen Godfrey was made and wrought by some of the said Yates his friends to go to the last Assizes at Thetford to testifie for the said Yates against the now-Complainant William Page li. C. fol. 32. to the 48 Interrogatory To which the Deponent saith That at the request of John Yates he went unto Master Owen Godfrey and requested him to be at the Assizes to deliver his Testimony between the said Complainant and Jerome Alexander the Defendant telling him That if the said Master Godfrey did not come Yates could not have his cause tried The said Master Godfrey answered this Deponent upon his speech with him That he could not come and that he could do the said Yates no good in the said triall because it was so long since the said Bonds were delivered that he did not remember how they were delivered And yet afterwards he was procured to come and to depose falsly which must be by some stronger perswasion and means used by Yates then before All which being added to the grosse perjury of the said Master Godfrey left not Yates excusable of the Subornation of that Perjury which tended to his onely advantage Then there was this Testimony to prove the Imbracery John Chapman li. C. fol. 35. to the 54 and 56 Interrogatories Saith That upon some speech with Allan Lampkin one of the Jurours concerning the said Triall the said Lampkin said to him that the said Yates should lose much money if the Triall passed not with him which shewed how he stood affected to Yates his part and was a giving of his Verdict before hand Richard Brampton li. A. fol. 54. to the 19 Interrogatory Saith That on the Saturday next before the Assizes being the Assizes in which the said cause was tried one Allan Lampkin who was one of the Jury summoned to appear at the said Assizes for triall of the Issue then to be tried between the now-Complainant then Defendant and the now-Defendant Yates then Complainant came to the Deponent who was likewise returned of the said Jury and did ask when he meant to go to the said Assizes and this Deponent answered him That he meant to go next morning saying That if he were there any time before noon it would be time enough Whereto the said Lampkin replied That he would ride away to Thetford that night and wished this Deponent to ride with him saying That the said Yates had brought down the Writ of Nisi Prius as well as the said Alexander and that he would have the matter tried at the first sitting if he could in the morning if he could and withall intreating this Deponent that he would say nothing thereof to the said Alexander for that Yates would not that he should know thereof by any means To 22 saith That after the Evidence given to the Jury at the said Assizes at Thetford between the now-Complainant and the now-Defendant Yates the said Allan Lampkin being one of the said Jury did so soon as the Jury were gone together to consider of their Evidence use these speeches viz. Masters we must finde for the Complainant meaning the now-Defendant Yates who was Plaintiff in the said Action and therefore do what you will I believe none but Master Godfreys Testimony and here will I lie if ye finde not for Yates And thus Wacy and Lawrance his companions out of spleen to the sai Complainant would be of the same mindes and these drew the rest of the Jury to give a Verdict in that cause for Yates against the truth Others also testifie the same carriage by these Jurours Upon all which matter it doth appear that Yates his terrifying of Witnesses were not the main charges of the Bill as the Sentence relates And by this also it doth appear that Master Alexander had fully proved the Perjury Subornation and Imbracery But Master Owen Godfrey the Perjurour died before the hearing of the cause and therefore the suborner Yates could not be fined for the Subornation yet by this it doth appear that the said Complainant had more then probabilem causam litigandi and therefore ought to have paid no costs c. 2. FOr proof of which Offence and Misdemeanour against the said John Yates the said late Plaintiff Alexander produced onely two Witnesses namely Robert Warren Clerk and John Warren his brother whose Depositions were openly read in Court and the Deposition of the said Robert Warren was positive and direct of his own knowledge and the Deposition of the said John Warren was upon hearsay Yet the said Alexander for his own advantage had blotted out and defaced the copie of the Deposition of the said John Warren taken in Court to the 39 Interrogatory on the said Alexanders part in these two words viz. that and did and delivered the same copie of the said John Warrens Deposition to the said 39 Interrogatory with the words that and did so blotted out and defaced as aforesaid to his Attorney in this honourable Court to be read in Court upon the hearing of the said Cause against the said John Yates which was read accordingly and by that means the Deposition of the said John Warren was made positive and absolute as of his own knowledge and thereupon this honourable Court and all the honourable Presence here sitting were much abused and misled in their judgements and opinions to sentence and condemn the said John Yates for that offence of threatning and terrifying of Witnesses and for the same to fine him the said Yates to pay to His Majesties use one hundred Marks and to be committed to the prison of the Fleet and the Warden of the Fleet had there taken him into his Custody accordingly Sentence fol. 1 2. Whereas t is alleaged that onely two Witnesses were produced at the hearing those mentioned in the Sentence to prove the said Yates guilty of that offence of terrifying of Witnesses it followed upon this that Master Alexanders Counsel to whom the managing of the Cause at the hearing was left and as is usuall in like cases they began to prove that Charge
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
anno praed Forthe Charges of one of the Defendants in coming up to Reading-Term to attend the hearing of the cause there 02 00 00 For the Attorneys Fees 00 03 04 To several learned counsel to attend the hearing at the Bar this Term 04 00 00 For the said Defendants charges in attendance at Reading-Term and return home 03 10 00 The Attorneys Fees of these Terms Termino Hillarii anno praedicto 00 10 00 The Attorneys Fees of these Terms Termino Pasche anno 2 Car. R. 00 10 00 The Attorneys Fees of these Terms Termino Trinitat anno praedicto 00 10 00 Termino Michaelis anno praedicto For the charges of two of the Defendants in coming up this Term to attend the hearing of the cause 03 00 00 For the Attorneys Fees 00 03 04 To several learned counsel to attend the hearing at the Bar two severall days this Term 12 00 00 For the entry and copie of the Order of Dismission 00 10 00 For the Fees of the four Defendants Dismissions 00 08 00 For the charges of the said two Defendants in their attendance here this Term and their return home 01 00 00 For drawing this bill of costs 00 03 04 For the Attorneys Fee for the same 00 03 04 For the Warrant and Subpena for costs 00 04 06 Sum. total 198 19 06 Taxat ad 130 00 00 Hamo Claxton Tho Coventry Cust Thomas Talbot of London Gent. doth depose That this writing is a true copie of the originall Bill of Costs remaining upon Record with Master Claxton and examined by the Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche To this Bill of Costs Master Alexander hath these just Exceptions First he leaveth it to judgement if the Defendants Attorney in that Suit who drew it up and presented it did give a clear and fair title to this Bill of costs or not for by the Testimony and Evidence aforesaid it appears that the Complaint was neither wrongfull unjust vexatious malicious or slanderous the Perjury Subornation imbracery and threatning and terrifying of Witnesses being so fully and clearly proved as before Secondly it appeareth that in the Bill of costs he setteth down in the foot the totall thereof to amount unto 191 l. 19 s. 6 d. whereas re vera and in truth the sum is but 162 l. 17 s. 6 d. being rightly cast so that he sets down 36 l. 2 s. more in his totall then is contained in his particulars And this I may be bold to say was not well done nor according to his duty for by this means the greater costs were allowed unto the Defendants Nor is this all the injury done to Master Alexander by this Bill of costs for there are many unwarrantable particulars therein also inserted no ways to have been demanded or allowed for there is set down of this for the Defendants very travelling-charges and expences 76 l. 13 s. 4 d. and of his 3 l. 6 l. 11 l. and 16 l. set down spent in a Term when after the first Temr of their appearance and putting in of their Answers in Court their defence was made by a Sollicitour who at most had not above 10 s. a Term for his pains Besides they were Yeomen and not of any quality that they should be so lavish in their expences Nor is this all for in this Bill of costs there is also set down for counsel-Fees and their Clerks Fees 46 l. 3 s. 4 d. or thereabouts and 4 l. 5 l. 12 l. set down for counsel-Fees in a Term when nothing is said to be done but perusing of Books and attending at the Bar whereas according to the nsuall course of all Courts the Client Plaintiff or Defendant recovering or being dismissed upon his Bill of costs is but to insert and ought not o be allowed more than 10 s. for a Counsellours Fee and but for one counsel in a Term if he retains more or rewards them better it is of his own superfluity and for his own dispatch and all this 130 l. was demanded upon the matter but for nine Terms proceedings For though it be true that the Cause depended 24 Terms yet in 15 of those Terms nothing was done wherein counsel was used as it doth appear by the Bill of costs it self The Attorneys of this Court when they did enter into their Offices did take a solemn Oath to behave themselves justly towards His Majestie and all His loving subjects and that it was one part of their duties in their places to have drawn up Bills of costs for their Clients after Sentences and Dismissions wherein they ought not to have exceeded their bounds and moderation without the subjecting themselves to the danger of censure so when these Ministers of the Court did transgresse and go beyond their rules and limits it was no warrant to the said Lord Keeper in whom the oversight and controll thereof did onely lie thereupon to do injury to any other Through nescience it could not be cannot be presumed done by negligence especially being at the first entrance into his place for some other reason then it was which I must leave you to imagine Moreover it was the course of that Court in all cases that where the Defendants or any of them were proved guilty of the crimes and offences charged in the Bill albeit in respect of some intervenient acts it so fell out as that they could not be sentenced the same not being an act of the Complainants own wrong in such causes albeit the Defendants were freed from censure yet did they usually pay the Plaintiffs their costs as in the case of one Tunstall and of one Allen in that Court a citizen of London who had a Bond from the friends of one of his Apprentices in 40 l. conditioned for his said Apprentices truth and faithfull carriage of himself in his Masters service and this 40 l. was placed in the Bond in figures And the Apprentice imbezzelling more from his Master then the Penalty would satisfie he added a cypher and made it 400 l. and upon that brought his Action for which a Bill of Forgery was preferred against him in the Star-chamber and upon a solemn debate and hearing of the cause albeit it was adjudged to be no forgery but did onely make void the Obligation and so left him remedilesse to recover any thing upon than Bond and therefore the cause dismissed yet the truth and allegation of the Plaintiffs Bill apearing to be proved to the Court he was adjudged to pay the Plaintiff his costs And so in many other cases of like nature it hath been done in that Court And whether Master Alexanders case be not much better proved against the Defendants in his Suit of crimes censurable the act of God onely preventing the punishment of the Perjurour and thereupon the Suborner onely cleared of that charge and the other charges of the Bill against the other Defendants confessed in the Sentence to be proved
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
done him The truth is Master Alexander went then to Jones his Studie in Grays-Inne being his Attorney thinking to have had the Sentence drawn up against Yates not suspecting any such action to have fallen out in the interim after the hearing of the Cause where he found these two Attorneys Jones and Hooker together consulting as it doth seem by the sequel of their actions how they might fasten this miscarriage upon Master Alexander and Master Alexander desiring to have the Sentence drawn up against Yates they told him It could not be and then expressed the Reason which as it was sudden and unexpected so it could not but drive him into wonder and admiration which rather expressed his innocence then any ways declared his guilt to which purpose they endeavour to wrest it And the Books and Breviats having lien above three yeers before ready and prepared for the hearing unseen by Master Alexander to that time for nevile his Sollicitour had them in his custodie a long time together before the hearing and managed them in Court and whether the Charge be true or false Master Alexander must onely take it upon their credit for he was never admitted to see the Book in which this Charge is mentioned to be done to this hour albeit he hath diversly endeavoured for to attain that favour and justice Nor maketh it for their purpose if his Answers were doubtfull to their Question of whom he had the Books for the memory is not always so trusty and ready that upon such a sudden surprisall it can resolve the Demand it must be a work of Recollection that pofitively determines of things so long before-hand acted Nor was it materiall from thomsoever the Books were received and in that time of necessity they must passe many times from hand to hand to make such preparation out of them as were fit to be made use of by Counsel and other2ise at the hearing all which was done immediately after publication above three yeers then before But the matter was Who committed that offence which Jones and Hooker were thus conspiring together how to fix upon Master Alexander and therefore laboured to entrap and entangle him in his talk which no fair practiser I had almost said No honest man would have endeavoured against his Client nor no Attorney that had respected his credit where his credit was no more concerned in it then Master Hookers Then as for their going all together into the Examiners Studie to view the Record if it were so shews that all parties were doubtfull how the Deposition stood What inference can be then drawn from thence by any in different judgement in the least therfore to suspect Master Alexander guilty of this Accusation but serves to excuse him rather that thus laboured to be truely informed the first how it should come about and that Master Alexanders first vows and imprecations as they are pleased to call them passing in their discourse together when they thus lay in wait to have intangled him in that conference if to be so as they alleadged which was never confessed or proved by them and that matter which Master Alexander hath at severall times declared upon his Oath for his own acquittall are not so contradictory diverse or usefull to their cause that any thing can be drawn from thence to make good the charge against him And when that Point shall come to be cleared which is further contained in the Sentence concerning it and which Master Hooker hath deposed Master Alexander shall give it a satisfactory answer The Spirits of the men too may be observed in this their Relation towards Master Alexander how far they are transported even with contempt to his person and quality standing in an equall degree with them every way both in Birth and Fortune that hath no so much addition given him by them as is due to a Gentleman whiles themselves are carried thorow with additions that become men of rank and estimation 6. YEt afterwards the said Alexander desirous and plotting how to excuse himself of defacing and blotting out of the said two words that and did out of the copie of the said Deposition and to lay and fix it upon the said Henry Nevile one of Master Jones his Clerks on the morrow after being the 26 day of October last came into the Star-Chamber-Office in Grays Inne and before Matthew Goad Esquire Deputy-Clerk of this Court being sworn upon the holy Euangelist did make a voluntary Oath and Affidavit That he having retained Master Jones for his Attorney and Henry Nevile to take care and sollicite his said Suit and the Cause coming to publication the said Nevile undertook to procure for him the said Alexander the copies of the said Depositions taken in that Cause and for that purpose not onely receivedy the Fees and Duties for such copies as he had procured for him the said Alexander but likewise had extraordinary reward and satisfaction for his pains therein and that he said Nevile went with him the said Alexander to the Examiner Office of this Court and there procured other copies of Depositions belonging to this Cause which were delivered to the said Alexander in the presence of the said Nevile amongst which was contained the Deposition of the said John Warren That done he repaired with the said Books to Master Hudson being of his Counsel to be advised and to peruse the same Depositions All which Depositions being perused accordingly aswell of the said John Warrne as to the rest and his said Counsel concerning the said John Warrens Deposition to the 39 Interrogatory to be something doubtfull he made a mark in the margin thereof and wished the said Alexander for his better satisfaction to go and get the same examined in the Office to see if the same Deposition were truely copied And that accordingly the said Alexander repaired therewith to the said Nevile and informed him what his Counsel had directed for examining the copie and the said Nevile took the said Deposition of the said Alexander and carried it to the said Examiners Office but the Examiner not being within the said Alexander did leave the said copie of the said Deposition with the said Nevile to be examined promising him satisfaction and content for his pains And shortly after the said Alexander called unto the said Nevile for the same who told him that he had examined the said Warrens Deposition in that point with the original and that he had then made it to agree with the Record and so delivered the same back again to the said Alexander with the two words that and did rased out in the said John Warrens Deposition as now it was in the said copie and after that the said Alexander protested upon his salvation That the said sever all words that and did were in the said Warrens Deposition fair written when he delivered the same into Neviles hand and that the said words were rased and blotted as they then were when he received the
same back again from the said Nevile the said Nevile shewing the same to the said Alexander and said That he had made it to agree with the Record And the said Alexander protested and affirmed That the same was not blotted out eithere by him or any other to his knowledge other then by the said Nevile as aforesaid And the said Alexander deposed that the said Nevile was entrusted with the care and charge of the said Cause and having taken upon him to draw the Bill and part of the Interrogatories and took upon him the managing and solliciting of the said Cause and over and besides what he had received he moved the said Alexander to promise him further satisfaction after the hearing of the Cause See the Sentence fol. 3. This being but the Recitall of Master Alexanders Affidavit first made for clearing of himself in nothing being yet alleadged thus far on in the said Sentence for to impeach it in any thing I shall say nothing thereof more till I shall finde it questioned and then will justifie it for the very truth against all opposition to the contrary whatsoever 7. AT which next Sitting being the 27 of October last according to the said Order was brought into this honourable Court the Record of the Original Deposition of the said John Warren taken upon the said 39 Interrogatory and was seen read and perused by this Honourable Court wherein the said two words that and did were fair written without any blotting defacing or interlineation and thereupon the said Master Jones made humble Suit to this Honourable Court that he might be sworn in open Court for clearing of himself of any manner of suspition or the least touch that might have been imputed unto him thereabouts who was sworn accodingly and upon his Oath delivered That to his utter most knowledge he never saw the Paper-copie of the said John Warrens Deposition before it was put into his hands to read at the hearing of the Cause the last Sitting before Whereupon all the honourable Presence openly pronounced the said Master Jones to be innocent and clear from the least suspition of being privy or consenting to the said blotting or defacing of the said copie Fol. 4 in the Sentence There hath been something said before concerning Master Jones his carriage in the particular of his thus offering himself into purgation being no ways accused But I see such wise men as himself may sometime over-act their own parts for if this be true that he hath sworn he hath shewn a great deal of remisse carriage in the managing of his Place and Office at least that would refer the care thereof onely to his Clerks and receive his Fees and do nothing for them But if it had been materiall I could have put him in minde that he had all the Books by him in his Studie one whole long Vacation which promise to have perused them and did affirm to Master Alexander he had so done and then declared his opinion of the proofs and some of the copies of the Depositions taken by Commission in the Countrey were copied in his own Office and his hand to the Examination But to let that passe as impertinent I hope he hath now recollected himself better in this time that he hath been an Oxford with his Majestie as Master Alexander is informed But to examine his carriage towards his Master the King and towards his Client Master Alexander in this particular in that time be pleased to cast an eye upon the Oath which the Attorneys of that Court whiles it was in being did take at their entring into their Offices and surely himself amongst the rest took it for me YOu shall swear well and truely according the best of your discretion to execute and perform the Office and place of an Attorney in his Majesties most honourable Court of Star-Chamber whereunto you are now admitted and shall bear and behave your self justly towards His Majestie and all His Highnesse loving subjects and suitours in the said Court. So help you God It was further also contained amongst the Rules and Orders of that Court concerning the Duties to have been performed by the severall Officers in their severall Places and amongst the rest That the Attorneys of that Court were to look that their Clients causes were duely prosecuted to the hearing without advantage and that if they should be pressed by any Rules or Orders which might prejudice their Clients in their causes they were to inform counsel to move the Court therein they were also to write the copies of all Bills Answers and of all Pleadings and Examinations taken in the Countrey by Commission for their Clients To prefer their Clients causes to hearing To read all Acts Evidences and Depositions before the Lords To urge for their Clients and after hearing To draw up Bills of Costs for his Lordship the Lord Chancellour or Lord Keepers Taxations and present them And whether Master Jones or Master Hooker have performed their Duties herein required either towards His Majestie or ther Court or Master Alexander by this prospective you may perceive them though at this great distance It is agreed he read this Deposition at the hearing for so it was his duty to do and had he then behaved himself justly towards His Majestie the Court and his Client when he perceived the said Deposition to be marked in the margin and so blotted in these words that and did if they were so as of necessity he must do if his eyes were matches had he then informed the Court thereof as it was his duty to have done and the proper time the most that could have followed upon it had been but the setting aside of that Deposition as uselesse and then Master Alexander could not have been denied to have made use of his other testimony to have more fully proved that Charge and by consequence the Sentence against Yates had been continued Master Alexander had not been destroyed nor had any prejudice happened to any man in the businesse Or if when after this accident had fallen out meerly through Master Jones his voluntary omission and the neglect of his duty if there were no more in the businesse then so and that Yates was censured yet then it had been a part of his duty in that case also further to have enquired into the main body of the Cause aswell to have maintained the said Censure against the said Yates for His Majesties benefit and the common good and justice of the Kingdom as for the clearing of his Client But he was you see so far from doing this as nothing appears in him to be done afterwards but a meer joyning together with Master Hooker and Master Alexanders adversaries to lay and charge this offence upon Master Alexander to undo him An Attorney worthy to be registred unto posterity for an example of fidelity in that wherein he was entrusted And were no Master Alexanders Witnesses now dead after this long time of that action
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
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
hearsay And thereupon Master Hudson advised him to examine it with the Record Whereupon he went to Nevile and shewed him the Deposition and what Master Hudson conceived thereof and then Nevile would have blotted out those two words if this Examinate had not restrained him And after they went to the Examiners Office to have compared it with the Originall But he being not then to be found this Examinate left the Depositions with Nevile and afterwards received the same again from Nevile with those two words blotted out the same being done without his privity of procurement And this Examinate saith That the Cause was heard in this Court the same day he went to examine the copie with the Record and found the Record to be fair with those two words in the same whereat this Examinate was much astonished Being asked what extraordinary rewards Nevile received from him in the solliciting of his Cause saith That in the Term he went to Master Hudson for advice he gave Nevile six shillings before he went to Master Hudson And when he had the Book from Nevile Nevile demanded of him two shillings as a Fee due to the Examiner But Nevile denieth that he had any money of him that Term and thinketh in his conscience That for the drawing of the Bill and drawing part of the Interrogatories and his care and pains as a Clerk in the Cause he hath not had above thirty shillings since the beginning thereof being about six yeers past nor that he had ever any thing from him since the Term the Cause was published in which was vicesimo Jacobi and copies of Books delivered saving of such moneys as he laid out for him in Court and ten shillings in money he having laid out of his purse nine shillings four pence thereof before Master Hooker deposeth That in the afternoon the same day the Cause was heard in court M. Alexander met with M. Jones his Attorney and the Examinate in Grays-Inne where they went together to M. Jones his Study and seeing the Deposition there seemed thereupon to be in a great passion or perplexity about the blotting out and defacing of the two words that and did out of Warrens Deposition saying What an unfortunate man am I what will become of me And being asked by this Deponent From whom he had received the Paper-copie said He could not tell whether he had it from Nevile or from the Examiner himself but said and swore He altered it not nor knew who altered the same but that the copie was as he received it and affirmed as much upon the view of the originall Examination with the Examiner Howbeit Alexander in his Affidavit deposeth He left the copie of the Depositions with Nevil to be examined and received them from him again Nevil telling him He had examined them whith the Original and that he had then made it to agree with the Record This being the state of the Cause before us we humble leave it to the judgement of this honourable Court Hamo Claxton Ran. Crewe John Dodderidge John Arthur Dep. Thomas Talbot of London Gent. doth depose That this is a true copie of the Certificate therein mentioned Examined by the original Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche And now be pleased to observe if there by any such contrarieties between Master Alexanders Affidavit and the said Certificate of the Iudges as is alleadged in the Sentence It must needs be that the Affidavit being drawn by Master Alexander after his own way as he understood the matter and the Certificate being made by direction of the Iudges who did interrogate Master Alexander as they pleased and so to set down things after their own order and manner there may be some seeming difference in words and phrase of speech but for substance there is no manner of contrariety or variation at all This is more in the Certificate then in the Affidavit That so soon as Master Alexander did shew the said Iohn Warrens Deposition to the said Nevil with the doubt in the Deposition conceived by his Counsel and the mark applied to it in the margin of the Paper-copie Nevil would then have presently blotted out those two words that and did if Master Alexander had not restrained him Which crosse nothing at all in the Affidavit but makes Nevil the more culpable and more clearly appear to be the man that did the fact for he that would then have done it before Master Alexanders face without ever examining it with the Record saying He knew it to be but a mistake 't is more likely he would do it behinder Master Alexanders back This is also contained in the Iudges Certificate more then in the Affidavit viz. That Master Alexander going to the Office to examine the Deposition with the Record and finding those two words that and did fair in the Record was much astonished Which word astonished is not in the Affidavit yet doth not this contradict any thing in the Affidavit but the more enforceth Master Alexanders innocence of the fact For astonishment is rather a Compurgatour then an Accuser not arising from guiltinesse but from a meer other thing As that a man being surprised with a sudden Accusation as in this Master Alexander was though armed with innocence that he cannot be pierced yet may he be amazed with so unexpected a charge It oftentimes proceeds from sensiblenesse of disgrace ashamed though innocent to be within the suspicion of such faults or that he hath carried himself so that any tongue durst be so impudent as to lay it to his charge May happen from a disability to acquit himself at the instant his integrity wanting rather clearing then clearnesse therefore saith Job The upright man shall be astonished at this and the innocent shall stir up him self against the hypocrites Job 17.8 The very Disciples were astonished at Christs words Mark 10.34 and in the 26 verse it is said They were astonished so out of measure saying Who then can be saved shewing how difficult a thing it is for a rich man to enter into the Kingdom of Heaven And so in many other places of Scripture astonishment is most commonly taken in a good sense And thus 't is plain that upright and innocent men are oftentimes astonished So that upon observation of both there is not eny variation or contrariety in Master Alexanders Affidavit and his Examination before the Iudges in matter of substance at all but the same is untruely alleadged in the Sentence without ground or warrant to make for their purpose against the truth And as to that part of the Certificate from the Iudges which concerns Nevils Examinations as it is onely to excuse himself of an offence wherewith he stood first charged and as it was unwarrantably grounded and admitted to be done at first so you finde them not pressed nor any use made of them at all first or last And since for reasons best known unto the
Court they set them aside as uselesse and not warranted and for which there was great reason so to do So they shall need no other Answer And as sure as there is a God in heaven so certain it is that what Nevil hath therin said is contrary to the truth and so afterwards did thrive accordingly and M. Alexander could have disproved all of it by many Witnesses saving that onely part concerning his blotting out the words which he did or caused to be done as God is true Then as to that other part of the said Certificate which mentions Master Hookers Examinations and Testimony in this businesse it maketh nothing at all to crosse any thing said by Master Alexander in his own Defence And it hath partly received an Answer formerly as it is mentioned in the Sentence to be a Discourse between Master Alexander Master Jones and him in Master Jones his Studie in Grays-Inne the day the cause was heard between Master Alexander and Yates But the Bent and Scope of all that was To ensnare and intangle Master Alexander in his talk and to gather from his words or carriage whatsoever might pos2ibly make to charge the offence on him therefore he saith first That Master Alexander seemed to have been in a great passion and perplexity about the blotting out of those words but that which seemeth to be a thing is not the same Nullum simile est idem And what followed from thence Would it not have perplexed any man or astonish him on such a sudden to understand all his businesse to be so changed his adversary released whom he left in custodie upon a Sentence pronounced against him and upon the point declared to be dismissed with his costs when Master Alixander expected to have had costs from him and that justly Might not M. Alexander term it also an unfortunate thing to be thus dealt withall on all hands and perceiving that those which should have assisted him in setting things right again went thus about for to betray him But fain this Gentleman would wrest or pick something out of these words and take an advantage of his own wrong To make some thing against Master Alexander out of this Discourse so said to catch him and surprise him that when they asked him From whom he had received the Paper-copie said He could not tell whether he had them from Nevil or from the Examiner himself If he said so What of this hath not many a man in ordinary discourse and being taken upon a sudden to answer to things done long before said that which upon second thoughts and coming to be deposed thereupon afterwards upon deliberation and recollecting of himself he hath varied from And was this ever yet counted an offence in any man but in Master Alexander to be well advised of that he swears for truth And yet if what passed from him in this discourse shall be rightly weighed and considered there is nothing in it that in the least makes against Master Alexander or that crosseth any thing which he hath either sworn or spoken in the defence of his innocence T is true Master Hooker would invert the meaning of the words to a fained and strained sense as if it should imply a contrariety that once Master Alexander should say He knew not from whom he had the copie and then afterwards should depose the matter so precisely against Nevil as to make him the offender To that other Answer which Master Alexander hath already given of speaking words in passion and upon bare discourse and after deposing to the same matter upon second thoughts and deliberation adde this and consider that Master Alexander in his Affidavit deposeth That there were two receivings of this copie of the Deposition of John Warren the first time from the Examiner or Nevil when he took it and carried it to his Counsel Master Hudson to peruse and at that time it is not materiall from which of them he received it for it makes nothing one way or other from which of them he then had it but sure he is that Nevil got that copie and all other copies from him which he had of any thing done in the Office or otherwise in that Cause else what need should Master Alexander have had of his sollicitation and to have done the work himself And all that were Sollicitours in that Office as he was did so for their Clients it was their duties and for that onely they had their wages But then when Master Alexander had thus carried it to his Counsel who had perused it and directed it to be examined with the Record with a mark in the margin made against it then it was delivered again to Nevil for that purpose and then Master Alexander afterwards received it the second time from Nevil again with the words that and did so defaced c. And this later receiving was that receiving of this copie from Master Nevil when this alteration was committed So that upon the first Conference the Answer was made as it was conceived and according to the times and places where it was propounded and answered that is to say in Master Jones his Studie and the Examiners Office which related to that receiving of them the first of all and that might be delivered doubtfull without any disadvantage and yet Master Alexanders Oath stands clear too and without exception that he did inform the further carriage of the businesse to make the truth appear and all stands very well together And t is against the Rule to fetch blood out of a mans words and to strain an intendment thereof beyond the genuine meaning of the speaker and therefore in Law they are always to be taken in mitiori sensu most favourable for him that speaks them where by any means they might be wrested to a contrary interpretation But then Master Hooker doth further expresse these other words also falling from Master Alexander in that discourse viz. That Master Alexander then should have said and swore He altered it not nor knew who altered the same and that being true How could he say that Nevil did it Both are true and contradicts nothing of whatsoever Master Alexander hath either said or sworn in this matter when once rightly understood For the first that Master Alexander did it not that is true and hath been continually maintained and justified by Master Alexander both upon his words and upon his Oath first and last Then that he knew not who altered the same also well standeth with his Deposition for he deposeth the manner how he left it with Nevil to be examined with the Record and that afterward Nevil gave it him again so blotted as it was and that Nevil did it or caused it to be done and so Master Alexander could not know who actually did it whether Nevil himself or any other and yet received so done from Nevil and was so his offence equally whether done by himself or by his direction and therefore Master
Alexander stands the more clear in his Oath being made with this caution and he who doth a thing by another seemeth to do it by himself and in common parliance men do use to say I have done such a thing or such a thing for you when he hath onely caused and procured it to have been done for him by another assuming the act as his that hath been done by his procurement And so Master Nevil did say He had made it to agree with the Record although he speaketh this falsly to make Master Alexander the rather believe it and therefore it was more safe for Master Alexander to depose the manner how that he delivered the copie to him fair and received it with those alterations and that either Nevil did it himself or caused it to be done which in effect was one and the same thing and thus not possible for Master Alexander to know who actually did it There is this also more remarkable in Master Hookers Examinations upon his Oath and in his Relation of the Conference which passed between him Master Jones and Master Alexander in Master Jones his Studie For in court when he was demanded his knowledge of what passed in that Discourse not being upon his oath he answered and so t is alleadged in the Sentence that he should relate That Master Alexander should then say That the Paper-copie of John Warrens Depositionwas as he first received it But in his Examinations upon Oath before the Judges he leaves out this word first and says that Master Alexander answered his question That the said copie was as he received it which makes a very main and great difference for this word first being added as they had studied it made much for their purpose that is to say If it were so as when Master Alexander first received it then how could Nevil blot out those words afterwards especially if Master Alexander received it from the Examiner to which sense they would presse the meaning of the words and then there must be a meer repugnancie to truth in such case and an impossibility in that and so at first blush to a cursary understanding of the words Nevile must of force be clear of the Accusation and Master Alexander catched as they are elsewhere pleased to call it in this matter But you see God will have truth come to light in despight of the adversary and therefore Master Hooker when he onely says without Oath then he speaks one thing but when he is examined upon his Oath before the Judges then he says another thing And the words spoken by Master Alexander being no other but That the copie of the said Deposition was as he received it agrees in terms with Master Alexanders Affidavit in all things which is That it was as he received it the second time from Nevil after that it was left with him to be examined by the Record and that he delivered it back again to Master Alexander and said That he had examined it and made it to agree with the Record And thus Master Hookers testimony makes nothing against Master Alexanders testimony at all And observe further that even Master Hooker himself is enforced to flee unto that common Rule of second thoughts to be more sage and certain and that there is a difference between words spoken at randome and in ordinary discourse and afterwards premised and delivered in a solemn Oath And observe further that in the beginning of the Sentence pronounced against Master Alexander it is related as if deposed by Master Hooker That upon that Conference Master Alexander should affirm this thing with many and heavie imprecations and oaths vowing and protesting He knew not of the blotting out of those two words that and did in the said Deposition Which is inserted of purpose to make Master Alexander seem little conscientious of what he swore judicially that valued oaths and imprecations nothing in his ordinary discourse But of this Master Hooker likewise says nothing in his Examinations upon Oath before the Judges dealing in it indeed very clearly for there was no such matter And yet this also shews that Master Hooker was not so constant to his relations but that he knew a difference what it was to say and what to swear And Master Alexander doth appeal to all men that have known his conversation both before and since if ever he were addicted to that abominable vice of taking the blessed Name of God in vain But see what the devil can do when he wants truth for his accusations and observe unto what shifts and subterfuges men are brought when they do clothe injustice with a seeming-holinesse And after all this consider yet this further that if Master Hooker had not been Yates his Attorney in that Cause and had not preferred such an unwarrantable Bill of Costs against Master Alexander as he did and had not joyned with Master Jones with his utmost endeavours to have fixed the offence upon Master Alexander as he did and that he had not been a Witnesse for Nevile free from all exceptions as he was not and had sworn something to the purpose for the clearing of Nevile as he did not yet then he had been but singularis Testis to whom nullafides in the Cause whereupon to have grounded a Sentence against Master Alexander in that matter T is true when many vehement and strong presumptions are coupled together sometimes a single and clear testimony beyond all exception rarely in matters Civil and betwixt party nd party relief hath been thereupon afforded unto the oppressed but in matters Criminall where the life many times and that which is always as dear and neer unto a good Christian His good Name hath been questioned and in danger from the mouth of two or three Witnesses at the least according to our Saviours Precept in that case the Judgement hath onely been established And before I end this part of the Sentence let me observe unto you one thing more That these good Judges who took these Examinations one of them yet living Sir Randal Crewe Knight then Lord Chief Justice of England a man famous for his piety and justice and that in those times chose rather to be discharged of his place then to serve curns against his conscience and Master Justice Dodderidge known to be a learned and just man yet these two that made the Certificate would neither of them be drawn into Court to give a Sentence or an opinion against Master Alexander therein which they well understood must have been done against their consciences and against the truth 13. ANd also by the testimony of Cook Gent. 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 Triall in the County of Norfolk at an Assizes holden at Thetford before the said Justice Dodderidge who bound him to his good behaviour for the offence he then committed
search and look over And before that Nevil did understand that Master Alexander was gone out of Town he stirred very little in the businesse but afterwards he procures the Certificate from the Judges to be returned which bears date the 7 of Novemb. 2 Car. then the 10 of November following he procures it to be read and debated in Court and the 17 of November following he procures the Cause to be heard So that in seven days time before it was possible for Master Alexander to ride down to his house in the Countrey being 100 miles from London and return again he had procured the Sentence to be given in his absence without any defence And what justice there was in this Proceeding let any man judge Thus all things you see are done sutable to one another And that it may appear to be no fiction for the Cause of Master Alexanders journey then made into the Countrey be pleased to observe a Letter of Nevils written to him concerning this businesse which he found at that time amongst his papers To his assured good friend Master Jerome Alexander at Walsingham give these M. ALEXANDER I Never heard from you by Letter since you went down untill about a fortnight since I received one by the Foot-Poste by whom I did return you Answer and did expect to have heard from you this last week but it seems it was not come to your hands when you writ this last and since that time we have had no seal nor shall have any till Friday next Master Gay is not in Town but so soon as he comes up I will take a course with him that shall be fit Concerning Grout you shall receive your Subpena's so soon as I can get them sealed and hear of a fit Messenger And so with remembrance of my love I rest September 13. 1623. Your assured friend ever to command Hen. Nevil Which Letter you may perceive was the Answer of a former Letter written by Master Alexander unto Nevil Wherein be pleased for to observe That Nevil answers a part of Master Alexanders said letter concerning Master Gay which was the Examiner of the Court named in the Sentence that took those Depositions And the truth is that Master Alexander having left this Deposition with nevil to be examined with the Record when he left the Town He promised to do it and to write Master Alexander word thereof into the Countrey Which he having for some time neglected to do Master Alexander wrote unto him to put him in minde thereof and desiring to be satisfied how it stood with the Record In Answer whereof he writes that Master Gay is not in Town but so soon as he comes up I will take a course with which was To examine the Deposition with the Record for at this time Master Alexander had nothing more to do with Master Gay publication being past and the copie of the Books taken out in the later end of Trinity-Term before And when Master Alexander afterwards came to London Master Nevil then delivers him the copie of the Deposition and says he had made it to agree with the Record in manner and form as hath been formerly informed and from that time untill secundo Caroli that the Cause was heard the Books were laid up and never looked upon by Master Alexander which was for above three yeers space And this is the very truth concerning this particular And truely you may perceive by that which hath gone before that albeit Master Alexander did not go away for any such reason that he had to fear the justnesse of his Cause yet if he had been tzed as Laban did Jacob to have fled away secretly Gen. 31.27 he might well have answered with Jacob to Laban he had just cause to be afraid Truth it self may sometimes seek corners not as fearing her cause but as suspecting her Judge and therefore flight is not always an argument of guilt but there onely where the person declines his Triall altogether for after defence made by any person to any Accusation in any Court of Justice and that an Issue is joyned upon the proceedings and the matter made ripe for hearing now that the Court is thus possessed of the Cause and have an ordinary way for to bring such a matter unto judgement the parties absence cannot be said to be a fleeing from justice for now the Law will proceed notwithstanding and subject both his person and estate unto such a Sentence if there shall be found cause to order any thing against him this being presupposed That if possible he may have notice of the day of hearing to make his just Defence that so he may not be surprised and overtaken unawares Nor did the said Nevil prosecute Master Alexander for this offence but was prosecuted by him foroffending as he did as the proceedings manifest unlesse that his surprising him thus in his absence and without defence may be called a prosecution which was a persecution rather 15. THis honourable court was clear of opinion that the said Alexander himself was guilty of that foul misdemeanour and offence of defacing and blotting out of the said two words that and did out of the copie of John Warrens Deposition for his own advantage and ends against the said Yates whereby this honourable Court was misled in their judgement in censuring and condemning the said Yates as afore is declared Fol. 6 in the Sentence It should seem their judgements which upon the first debate of the Judges Certificate were but inclineable to be of opinion that Master Alexander should have blotted out those two words in the Paper-copie of the said John Warrens Deposition were now brought about without any other Reasons given the before to be absolutely resolved therein A good fore-man of a Jury we say is able to do very much with his fellows But if the Court were so resolved you may well perceive how some of them were misled therein and how it was brought about that they became to be so mistaken And if the Court had been thus misled in their judgements in censuring and condemning the said Yates they were not long out of the way an hours time was the most of their abberration by their own acknowledgement for in such a space they dissolved all again that they had done before and for so little a time of restraint they rewarded Yates very well For besides that upon no terms the Lord Keeper Coventry would hear of any thing that might make out to continue the Censure against him Notwithstanding if the said John Warrens Deposition to that 39 Interrogatory had been set aside yet the Court absolutely dismissed him with 130 l. costs that ought to have given Master Alexander twice as much with 1000 l. damages that he had sustained by his means in the prosecution of that Suit against him at that time if to have done justly 16. ANd have therefore Ordered Adjudged and Decreed the said Jerome Alexander for his said foul offence and
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
been to finde out that thing which in the Sentence is alleadged to have been publikely confessed by Master Alexander in Court before But there was more in it then so they might not relie upon this reed and therefore proceeded further to muster up and gather together what they were able to make some colour at least for a Sentence for they saw all this would not do nor serve the turn there was yet but an inclination to think Master Alexander guilty of doing this thing albeit as much now had been done and that which was done had been canvased as thorowly as was possible in Court to gain a belief and opinion of his guiltinesse But to proceed 10. BUt for that the said Alexander was neither himself in this Honourable Court in person neither had any counsel to speak for him the Court therefore did forbear to give any finall Sentence or Decree therein that day but gave the said Alexander time untill the next Sitting-day to shew cause fi any he had by his counsel or otherwise why the Court should not proceed to Sentence against him for that misdemeanour or in default thereof the Court intended to sentence the next sitting-day at which time the said Alexander was ordered to be present at the Bar in person Fol. 5. in the Sentence Surely no Justicers will give a judgement against any man before they be resolved And all this while appears that some of those Judges were not satisfied that Master Alexander was guilty of any such wrong doing as was laid unto his charge and therefore gave this further time which otherwise they would not have done By this also you may pereceive into what a sad condition and strait Master Alexander was driven that having the supreme Judge and Officers of the Court for his adversaries he could procure no counsel that durst to speak or move in his cause though never so just so were men over-awed or related one unto another in those days that Justice had not his current and free passage especially in that Court and that man must be sacrificed unto ruine upon whom the indignation and displeasure of any such as Master Alexanders adversaries fell And when he that would not comply with the times ti being in any way that might hinder their designes it was cause enough to destroy him And what could Master Alexander now expect but destruction when that thing whatsoever he spake for the justifying of himself had a contrary sense and interpretation put upon it and was inverted to his prejudice Counsel none would nay durst not as they told me once to speak in it for when at first they did a little offer some things cooly and faintly in Master Alexanders behalf and put for triall how it would be relished and received they found it passed by in silence if materiall or themselves dis-regarded for the motion And what wise man will engage himself in such a quarrell where whosoever speeds he is sure to get blowes for his recompence Howsoever it was fairly offered had it been accordingly pursued that Master Alexander should at least have notice of their intentions that they were resolved to proceed to sentence him and that he should be present at the Bar in person to hear his condemnation But now it was well understood by Nevile that Master Alexander was before this time gone out of Town into the Countrey neer an hundred miles from London to search for Letters which he had formerly received of his about the businesse in which he hoped to finde his acknowledgement of doing this thing in manner as Master Alexander had alleadged for which reason all their Forces are set on work for to procure this Sentence in his absence and to raise that as one argument of guilt which was intended to have made his more clear Defence and this he taketh God to witnesse was the originall cause of his leaving the Town after that he had once cleared himself again before the Judges thinking it impossible in his own understanding and so conceived by others of better judgement then his that any such thing as a Sentence could have been once thought upon to have been given against him as his case stood 11. NOw this day was read in open Court an Affidavit of Charles Bagshaw Gent. that he had done his best endeavour to serve the said Jerome Alexander with the said Order and to give him notice thereof for which purpose he had sought him at his Chamber at Lincolns Inne and given unto his Boy or Clerk whom he found in the said Chamber a true copie of the said Order And the said Nevile himself offering to be deposed That he did at the late Lord Chief Justices give the said Alexander himself warning to attend the Court at his peril All which notwithstanding the said Alexander made default and had withdrawn himself as was now informed to this honourable Court Fol. 5. in the Sentence In this it is observable as a Ground That in all Courts of Justice whatsoever the Rule is That no man ought to be condemned or to have judgement given against him for any matter depending in any Court of Judicature but the Order or Processe of that Court is first to issue to give him timely notice of the resolution of the Judges of those Courts to proceed to Judgement at some certain time prefixed that so no man may be overtaken uprovided or without making his just Defence except such party as after notice shall wilfully absent or not provide by counsel or otherwise for to justifie himself in his proceedings and without this many an innocent man would be undone And in case where neither the partie by himself or by his Counsel shall appear to defend himself after such notice and that the warning doth sufficiently appear unto that Court to have been given him according to direction that there be no delay in justice the Court will proceed to judgement without him yet with such caution as if possible they will not do him injustice for his contumacy therein nor will wrong their consciences in the Judgement but will try out the truth howsoever by all means for whatsoever lies before them and therefore in such cases of absence they hear all such Answers Depositions of Witnesses and other matters of Record lying before them to be read which before that time the party hath made for his Defence or that he hath alleadged for maintenance of any Charge in such an Action or Proceeding and will in such case be much more wary and circumspect to promote the truth of whatsoever side it is appearing within the Books then if such party had been present for Judges sit not to side and make parties or to take opportunities to revenge themselves but for to do justice and judgement truely and impartially for justice sake without the respect of persons But then see if Master Alexander have received this measure of justice in this matter concerning him An Order of notice for