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
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
Godfrey who notwithstanding did depose and swear that the same three Writings were delivered absolutely without any condition And albeit it was further proved by Master Alexander that the said Master Godfrey was not present in the place when and where the same were so delivered as Escrolls yet upon his onely Testimony this Lampkin Wacy and Lawrence being sworn upon the said Jury and friends to Yates and by him embraced beforehand did draw all the rest of the Jurours to give a Verdict thereupon for Yates against Master Alexander and against the truth For which Perjury and Subornation and Embracery and for Yates his tampering with and terrifying of Master Alexanders Witnesses to have made them silence the truth were the Charges of Master Alexanders Bill and causes of his Complaint In Trinity-Term 19 Jacobi the Defendants answered In Easter-Term 20 Jacobi Publication passed In Michaelmas-Term 20 Jacobi the Cause was set down for hearing In Michaelmas-Term 2 Caroli the Cause came to be heard And thus it stood neer four yeers at hearing before it was heard so hard a matter it was in those days to procure a hearing in that Court Then to prove this matter of the delivery of the three Writings in manner and form as Master Alexander hath alleadged and consequently the direct Perjury of the said Master Owen Godfrey see Robert Warren Clerk li. A. fol. 23. to the 2 5 6 7 8 9 10 11 12 13 and 15 Interrogatories who proveth it in these words That he was at the Prison kept by Christopher Kirby in Fakenham upon the 30 of April in the 14 yeer of His Majesties Reign which was the 14 yeer of the Reign of King James the Depositions being taken in his Reign this Deponent being then in Durance in the said Prison in the morning of which day the said Christopher Kirby came to him this Deponent into the chamber where this Deponent lodged and gave him this Deponent Instructions to make and write four Writings in three whereof the said Edward Olifer and one Jerome Alexander father unto the now Complainant were to stand bound unto the said Yates in the penalty of ten pounds apiece for the payment of five pounds apiece at three severall days in the Conditions of the said Bonds of Writings specified and the fourth of the said Writings to be entred into by the said Olifer alone in the like penalty of ten pounds for the payment of five pounds to the said Yates at a certain day mentioned in the Condition of the same And when he the said Christopher Kirby had given him this Deponent Instructions for the making of the said Bonds he willed him to make present dispatch of the writing of them so that as he said the Complainants father was to come that afternoon to seal unto the same And saith that when he this Deponent had made an end of writing the said Writings obligatory and hearing that the said Complainants father was come into the house he this Deponent brought them down and delivered them to the said Kirby whom this Deponent found in the Celler of the said house where the Complainants said father and the said Edward Olifer and one Robert Dye Peter Browne and some others were And he saith that the said Complainants father having perused three of the said Writings wherein himself and the said Edward Olifer were to be bound he the Complainants said father and the said Edward Olifer did seal the same and whiles they were ensealing it being reported that the said Defendant Owen Godfrey was come into the said house and was gone into the Parlour the said Master Kirby made haste to go up to him and being upon the Stayers the said Jerome Alexander the Complainants father called to him and requested him to stay saying They would make an end ere they left and thereupon the said Kirby came two or three steps down the Stayers and staying there the Complainants father and the said Edward Olifer delivered the said Writings the Complainants said father using these words Master Kirby we deliver you these Writings to remain in your hands as Escrolls upon condition That if Yates shall deliver into your hands a Bond wherein Edward Olifer standeth bound to him in 40 l. to be cancelled then these Writings shall be our Deeds otherwise not With which manner of delivery the said Christoper Kirby found fault and using to call the said Jerome Alexander Master said Master I like not these conditionall-Deliveries I pray let me have it otherwise And the said Master Alexander replied Choose whether you will have them or no I will deliver them no otherwise for unlesse Yates deliver you the old Bond first he shall have none of my Bonds or words to that effect therefore I charge you that you keep these Writings in your hands untill that Bond be first delivered with some other words of committing a trust to him in that behalf Which being done and the said Christopher Kirby hasting to see the said Owen Godfrey he carried the said three Writings in his hands up the said Celler-stayers and thorow an Entry and so up to the upper end of the Hall in the said house neer towards the Parlour he there delivered the said Writings to him this Deponent and requested him to set his hand to every of them as a Witnesse saying that the said Christopher Kirby should set to his hand afterwards well enough And this Deponent further saith That in the afternoon of the same day after they had dined in the Parlour he this Deponent brought down the said Writings with this Deponents name subscribed thereunto as a Witnesse and delivering them again to the said Christopher Kirby being then in the said Parlour with the said Owen Godfrey and the said Jerome Alexander the Complainants father and one Matthew Lancaster John Allen Edward Olifer and some others and this Deponent laying the said Writings before him the said Christopher Kirby supposing he would have subscribed his name unto them the said Christopher Kirby first spake to the said Owen Godfrey then sitting at the Table and the Complainants said father on the bench by him and having used to call the Complainants said father sometimes Noble Master and sometimes Worshipfull friend spake to him by one of these terms but which of them this Deponent now certainly remembreth not and said I would you would give us your hand to these Bonds beginning to make relation of the businesse in some other manner and terms then the delivery of the said Writings was done and performed in speaking to this effect That the Complainants father and the said Edward Olifer had delivered them into his the said Christopher Kirby's hands to the use of the said John Yates At which words the said Complainants father stepped up and seeming angry said How we have delivered them as Escrolls if the said Yates shall deliver you Edward Olifers oldBond to be cancelled that then they shall be our Deeds otherwise not And other sealing and
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
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
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
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
anotyher more generall Release upon finishing of all demands between them Master Plandon having spent his money and being returned and growing into all wants and extreme necessities a fit time to be wrought upon by evil Counsel and having yet the main Obligation in his hands undelivered up he made shew of it to others as a reall debt and by that means wrought himself into the acquaintance of those that were more ready to believe it against Master Alexander then he to utter it and resolved to engage with him to make it a question Master Alexander prefers his Bill in equity to have the Bond delivered up Master Plandon and this Master Cook then become an Attorney at Law do commence a Suit against Master Alexander upon the Bond and with them many more joyn to manage the Cause all his Master amongst the rest if by any means to recover it Their prosecution was with such speed and such favour as the matter was soon brought unto a Triall Master Alexanders Attorney having both Acquittances in his hands pleads in Bar to the Action that which was more particular Whereupon Issue being joyned a Jury was pickt out for the purpose and the matter came to Triall before Master Justice Dodderidge at Thetford-Assizes when Master Alexander proved the sealing and delivery of the Release But it so fell out as there was one word interlined in that Release not any thing to the essence of the Deed which Master Plandons Counsel and Master Cook his Attorney pressed to have been inserted after the sealing and delivery thereof and so if true the Release void And there being but one fingle Witnesse to that Release being made in haste at Master Alexanders house a mile and more distant from any Town and between kinsmen and on a time when Master Plandon posted his dispatch and departure upon his occasions and although Master Plandon being present at the Triall did not deny it to be his hand and seal though he was directed to confesse nothing more that made agaist him and albeit the said Witnesse being a substantiall Ycoman of the Countrey and without all exception that testified the sealing and delivery thereof unto Master Alexander as the truth was and albeit Master Alexander produced his other generall Release testified by many Witnesses though not pleaded whereby the debt appeared to be fully satisfied yet upon this device and colour and having obtained a Jury for that purpose he gained a Verdict against Master Alexander for the whole penalty of the Obligation which they after pursued with that eagernesse and obtained such favour by the friendship they had and means they used in the Courts of Justice that presently they obtained Judgement and took Master Alexander immediately in Execution And being thus restrained and in prison for so great a demand which he was no ways able to satisfie without sale of his Lands And the subsistence of himself his wife and family principally depending upon his endeavours in the course of his Profession and being then in a fair way of Advancement being employed by many noble friends and having many Stewardships and other employments of like nature which of necessity he must have forgone and lost the benefit of and been ruined in all if to continue in restraint whiles he should in a legall way question the injustice and miscarriages of those proceedings and being involved in so great a strait was advised and perswaded by his friends although he must confesse much against his wil rather to sit down under the burden then to be ruined both in his estate and profession altogether And they having M. Alexander at this advantage as the least of these evils he was thus enforced for his enlargement to sell his Lands to pay this great debt over again and to give them a generall Release into the bargain for that they would have the first of all or else he must lie by it and be ruine and lost in his Fortune and estate And when M. Alexander upon this Agreement had the bond delivered up which by his plea was confessed he found that his kinsman had been more just then he expected for he found the bond had been cancelled and the Seal closed down again in the old place with a little Starch which then it was too late to call in question besides that M. Alexander saw little hopes to right himself by any Suit of Law for so great an injury for that he understood his said kinsman had shared and divided the greatest part of the money presently amongst those that were his abettours and assistants and that he had given 100 l. for Counsel-Fees and 60 l. or thereabouts for Attorneys Fees and Clerks Fees whereof this M. Cook had the greatest share and other great Sums of money to others that did him service in the businesse And 'T is an ill winde blowes no man unto good This Conquest thus obtained against M. Alexander bred such spirit in M. Cook and gained him such applause and reputation that he shortly after admitted himself of Grays-Inne and within lesse then three yeers got a bare Gown upon his shoulders and became a great Practiser at Law and afterwards fell in at Court gained employment about the Fen-businesse in the Isle of Ely and recovering of Lands gained from the Sea in Norfolk and other Counties for divers Courtiers to whom his Majestie had granted his Right and demand thereunto and was used in many Projects of like nature gained a Patent of the Stewardship of the Kings Forests and Chases in Essex and thrust out a far honester man then himself from that employment got to be made a Justice of the Peace And if this be that Cook that is mentioned in the Sentence this must of necessity be that businesse which he drived at for M. Alexander professeth he knoweth not of any other thing that ever hapned to him of like nature in all his life and concerning the carriage whereof he leaveth himself to be judged accordingly And thus M. Alexander hath been set for the rising of some and his disasters have been the beginning of the Rise of two great Lawyers M. Fountain being one of them now with his Majestie acting against the Parliament and the other this M. Cook who hath not yet fully shewn his heart what it is for want of opportunity 14. ANd for that also the said Alexander was fled and durst not abide Judgement as the said Nevil did who prosecuted him for that offence Fol. 6 in the Sentence That there was no such fleeing in the Case hath been said before and the reason given of Master Alexanders leaving the Town after the businesse had been again examined before the Judges viz. to finde out Letters in the Countrey which he had formerly received from Nevil about that businesse which he conceived might more fully inform against Nevil for this offence and which no other but himself could so well finde amongst a multitude of papers which he had there to
which did lie in the way of M. Alexanders preserment in Ireland being so far remote and out of the eyes of those that sought his ruine and confusion here and when he had done all this he sent M. Alexander notice thereof But this storm was no sooner thus blown over but another cloud ariseth at first as little as a mans hand which afterward covered all his Fortune again with blacknesse threatning a mighty showre of destruction to follow if not sheltered from the violence of it It was M. Alexanders good hap by Gods assistance and his good endeavours to gain the good opinion of many Noblemen Gentlemen and others in that Kingdom and by their countenance and employment acquired much for the livelihood and subsistence of himself and family and was in a fair way of preferment and doing good for himself his wife and children which his enemies here no sooner understanding of purpose to blemish him took occasion to send over into Ireland many copies of the said unjust Sentence which they caused to be shewn to all Master Alexanders best friends and Clients there to weaken him in their good esteem and divulged and published the same alsO unto all his enemies there as sho can be a Practiser at Law and be just and faithfull to his Client and zealous in their Causes but shall and must have an ill report of the adverse side who will hugge such an opportunity to do him mischief In all places also they made it the subject of their discourse at Councel-Table and in all the Courts of Justice But amongst the rest they made use of one Master Richard Fitz Gerald as he is called his fathers mothers Sirname I know not But because there are many Families of the Fitz-geralds in that Kingdom to let you know the man I mean he is Sir Dudly Loftus Knight his foster-brother and was bred up with him a Boy at School and maintained by Sir Dudleys father also to wait upon his said son in that time by which he got so much learning as afterwards he became Master Greenham an Attorneys Clerk in Ireland and having the great fortune to marry with the sister of a worthy gentleman was promoted to be an Attorney in the Common-Pleas in Ireland And aspiring to attain yet to greater Offices in that Common-wealth and Master Alexander having then purchased the Office of the Kings Bench there in Ireland during the life of one Master Henry Andrews the present Patentee and Master Fitz-Geralds brother in law being also joyned Patentee with the said Master Andrews but had bound himself both by Articles of agreement and recognizance not to meddle with the same during Master Andrews his life And Master Fitz-Gerald having understood that the way to rise unto preferment was to attempt something against Master Alexander whom if he could overthrow he was confident of the same good successe to follow him thereupon as happened to Master Fountain and Master Cook the Lawyers in those brave atchievements which they accomplished against him as aforesaid And hereupon that he might be made secundary of that Office with his brother did undertake to out Master Alexander thereof and therefore first preferred a Bill of Complaint in his said brother in laws name in his Majesties Court of Exchequer in ireland against Master Alexander and his Deputies the effect whereof was to gain the possession and execution of the said Office from Master Alexander but upon such slight and slender grounds as there was neither law nor equity to warrant any such Demand Yet Master Alexander well understanding the course of things in that Kingdom and the alliances and dependence of one man unto another and how far power and greatnesse might possibly prevail to do him hurt and perceiving the inclination of the Court of Exchequer there where the Cause depended to over-rule a Demurrer which he had caused his Deputies to put in for their and his defence in that Suit made his repair over into England with the Proceedings to be advised here by Counsel the best he could for to maintain his just right and interest in the said Office But his departure was no sooner understood but the said mastere Fitz-Gerald posts over after him into England for London purposely to have caused the remain of the said Sentence to have been executed upon him and to have restrained him from making his return He gained also letters of Credence and Recommendation from Doctour Usher Lord Primate of Ireland and others to some Noble Personages and others here in England to assist him in such occasions and busineffe as he should have then here to do And being come to London he made use of these generalls against Mastere Alexander in particular contrary to the minde of those from whom he received those Letters and first he contrives a Writing which he stiles An Information against Jeromy Alexander sent out of Ireland the 12 of July 1633. which he delivereth unto one Master Archibald Hamilton that then was agent here for the said Lord Primte of Ireland and others and insinuates unto him that that thing was the businesse which he came about and had to do and which was recommended unto him the said Hamilton by the said Letters of the Lord Primate to assist Master Fitz-Gerald in Whereupon Master Hamilton wnet unto Mastere Alexanders old friends the late Archbiship of Canterbury Laud and the Lord Coventry then Lord Keeper and shewed them the said paper which was presented unto his Majestie with all the Aggravations possible to incense and cause his Highnesse indignation and displeasure to continue if not to wax more hot and fierce against him insomuch as his Majestie well knowing some of Master Alexanders good friends at Court who had often laboured with his Majestie in his behalf informed them thereof that for the time to come they might no more sollicite for him And in the interim Mastere Fitz-Gerald or some other for him upon his earnest sollicitation had procured a Warrant from the said Lord keeper Coventry directed to the Warden of the Fleet strictly charging and commanding him to make diligent search for Master Alexander in London and wheresoever for to apprehend him and restrain him in safe custodie till he should perform all the parts of the said Sentence which Mastere Fits-Gerald and the Warden of the Fleet did pursue with their utmost diligence And that this truth may yet appear the clearer be pleased to cast your eye upon the same Information which followeth in these words An information against Jeromy Alexander sent out of Ireland the 12 of July 1633. IEromy Alexander an Utter-Barrester of Lincolns-Inne being formerly an Attorney was censured in the high Court of Star-Chamber Mich. 2 Caroli for a very foul offence in falsifying copies of the Records of that Court to the end he might mislead the judgement of the said Court against a person whom he prosecuted His Censure was First to be utterly disabled to practice as a Counsellour at Law
either publikely at the Bar or privately in his Chamber Secondly to pay five hundred pounds Fine to his Majestie Thirdly to be committed to the prison of the Fleet and before his enlargement out of prison publikely at the Bar of the Star-Chamber in humble and submissive manner to acknowlege his offence against God and the Court and shew himself sorrowfull and penitent for the same c. pa hereupon the said Jeromy Alexander fled into Ireland to avoid the said Censure and there abides and practises as a Counsellour both publikely at the Bar and privately at his Chamber without obeying the said Censure in contempt of his Majestie and of the high and honourable Court of Star-Chamber to the great scandal of the Professours of the same He hath lately obtained a Release and Discharge under the Great Seal of that Kingdom for the said Fine and is now also endeavouring to procure his Pardon from the said Censure without making submission to his majestie and the Court which censured him and lives in Ireland very proudly and arrogantly apt to fall into the like scandalous offence again upon any occasion he endeavours to be Clerk of the Crown and to be joynt Partner with Master Andrews the present Clerk whereby the Records of that Court coming into his hands he may do a world of mischief having so fine a trick of raising and falsifying of Records It is therefore earnestly prayed That the said hiJeromy Alexander his Pardon may be staid at the Great Seal there untill he be transmitted by the lord Deputy of this Kingdom to submit himself to the said Censure or that otherewise there may be inserted in the said Pardon a Clause of Proviso that the said Jeromy be not allowed to practise or bear any Office in Ireland whereby others may be deterred from committing the like offences hereafter In regard of his constant persisting in foul practice having thereby done prejudice already to some of the Nobility and severall of the Clergie in this Kingdom Of all which particulars good proof can be made from hence by the severall parties that have been injured by him Copia vera A. Hamilton Thus you may perceive that to reproach is as easie as for to empty But Christianity is so much the better that Nero reviles and persecutes it Yet see then the disposition of the man who conceived within himself which he thus expressed that the oppressions of men had taken away from Mastere Alexander that which was descended from his Ancestours and as naturall to him as the blood running in his veins for he will be able to derive his Pedigree from Gentile Families by both sides of his Progenitours which if the height of spleen and rancour had not been in the Gentleman he would have been ashamed if to have been accounted civil to have left out amongst the rest But disgrace being the end he aimed at in it sought to improve that with the most advantage and therefore as infatuate in the next place he addes Being formerly an Attorney as if it were a shame for a man to attain a better Fortune from lesse beginnings and as if it had been a great disparagement for to have learned the practick part of the Law the first which those that better understand the studie of it then himself can inform the Gentleman that it was his great mistake and that many famous and eminent Lawyers heretofore have been first Attorneys insomuch as in former times he was not admitted to be of an innes of Court that had not first been of an inne of Chancery living amongst Attorneyes to understand the course of pleadings and practice of the Courts of Justice which to know beforehand doth much advance a Student in his way that he gains his Profession with more ease and falls into practice the better prepared for the advantage of his Client But what you do observe in this his Information more concerning the Censure is but rolling over the same stone again of which you have well understood the nature thereof before and therefore to say no more of that concerning the injustice of it Yet hereby you may perceive the good will of the creature that upon all occasions had no other staff to beat this dog withall Albeit this Gentleman took upon him the boldnesse to do more then any other before him had done and to cause his Majestie to be informed that it was a high contempt in mastere Alexander to use the profession he had been bred up in to acquire livelihood for to sUpport himself and family and all because Mastere Alexander had crossed his expectation by it there in Ireland But did S. Peter and S. John when by the Rulers Elders and Scribes they were commanded not to speak at all nor teach in the Names of JESUS Did they forbear What can b emore done to a man to take away his life then his means of livelihood and starving to death of all others is said to be the cruellest murther But this Gentleman your see also had a high and great opinion of the dignity of that Court of Star-Chamber which he styles so high and honourable which I believe that highest and most honourable Court of Parliament better understood then he when they dissolved it for the extreme oppressions and grievances it brought upon the people He would have Master Alexanders practising also in Ireland too to be to the great scandall of the Law which he so little understood as at the very first Bout he went about to desile his own nest to disgrace the Profession of an Attorney he being one him self but bred up therein I must confesse so far distant and remore from these Schools of that mysterie as I believe he was ignorant of the use and value which the law sets upon a well-practised Clerk ANd if it were such a scandall for a lawyer to have been fined in that Court in those days as he doth presse it albeit I must confesse he that knows the will of his master and doth it not is to be beaten with many stripes yet they were not all Saints in that time that sat upon the Bench but were Judges under whose judgements many a good and innocent man suffered and was ruined besides Master Alexander and of the same Profession too howsoever Justice where it meets with those that are offenders in deed and truth hath no respect of presons qualities or conditions but he that sinneth must die and without scandall to him that doeth well And in those days who is' t but doth know this Gentlemans so high and honourable a Court as he calls it was but a Stage or Theatre wherein the politick Statists of that time acted the Tragedies of such who would not comply with their evil Counsels to have destroyed our Religion Laws and Liberties and subjected the Subject to a perpetuall slavery You see also it grieved M. Fitz-Gerald that M. Alexanders father in law had done so much for him as to acquit
Provided also That if the said severall Suns of five hundred pounds and fifty pounds or either of them hath not been satisfied as by the said Petition is suggested that then these Presents shall be void any thing herein contained to the contrary notwithstanding Although expresse mention of the certainty of the Premises or any of them or of any other Gift or Grant by Us or any of Our Predecessours to the said Jerome Alexander heretofore made in these Presents is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordained or provided or any other thing cause or matter whatsoever in any wise notwithstanding In Witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Self at Westminster the fourth day of December in the ninth yeer of Our Reign Per Breve de privato Sigillo Wolsley And lest you should suspect that Master Alexander hath spoken much of this without-book and without ground of the said Lord Coventries carriage towards him in this matter by his continuall interrupting His Majesties grace and mercy towards him for some yeers together be pleased to read the following Affidavit which Master Alexander hopeth will satisfie the truth of his Allegations EDward Havers of Windfarding in the County of Norfolk Esquire deposeth That not long after the Petitioner Jerome Alexander was fined in the Star-chamber by that Sentence against which hee now complaineth this Deponent heing Uncle to his Wife and understanding that the Lord Coventry late Lord Keeper was an heavy enemy to the Petitioner in that businesse and desiring to get him a Pardon of the Sentence did endeavour first to prevail with the said Lord Keeper that hee would not oppose the passing of the said Pardon in case the Petitioner could obtain it from His Majesty and to that purpose the Deponent made meanes to the said Lord Coventry by Sir John Hare Knight the said Lord Keepers sonne in law who laboured in it accordingly as hee told this Deponent and perswaded the said Lord Coventry in the Petitioners behalf But the said Lord Coventry as the said Sir John Hare told this Deponent would not bee perswaded to it but used these words to him saying Sonne there shall never any Pardon passe the Seal for him meaning the Petitioner whiles I am Keeper of it which for that time put this Deponent out of all hope to obtain it yet shortly after the fine was begged by one Master Fulwood and passed under the great-Seal who was compounded with for the said Fine and Nevil for his fifty pounds and Yates for the Costs And when this Deponent attempted again to get a Pardon of the residue of the Censure that so the Petitioner might have liberty to Practise and used the Earl of Dorset to move His Majesty in the Petitioners behalf to obtain the said Pardon who did so and the late Lord Faulkland also joyned in that Suit to His Majesty for the Petitioner But the Lord Coventry still opposed it albeit the said Earl of Dorset begged it at the Princes birth as a Boon from His Majesty at that time and so it rested till His Majesty went into Scotland and there againe this Deponent petitioned His Majesty at His Coronation there for the said Pardon and procured the late Lord Treasurer Weston to move in it for the Petitioner But His Majesty remembring what the said Lord Coventry had informed him against the Petitioner notwithstanding all the meanes that could be made refused it Yet after His Majesties return from Scotland this Deponent did again sollicite His Majesty by petition in the name of the Petitioners father in law this Deponents brother and then again this Deponent procured the Earl Marshall and Earl of Pembrook Lord Chamberlain to move in it for the Petitioner who did so and with great sollicitation did obtain a Reference upon the Petition and afterwards a Grant that a Pardon should passe And then this Deponent laboured by Master Thankfull Fruen the Lord Coventries servant to perswade his Lord not to oppose it who told this Deponent that he did labour his Lord the said Lord Coventry that he would suffer the Pardon to passe who as Master Fruen told this Deponent did deny to yeeld to it and said to him again It should not passe the Seal so long as he kept the great Seal or words to that effect and then as Master Fruen informed this Deponent he told his said Lord that he would be commanded to doe it against his well and therefore it were better his Lordship would do it willingly but the said Lord Coventry would not be perswaded by him and at length Master Noy then the Kings Atturney perswaded the said Lord Coventry to seal the Pardon as this Deponent verily beleeveth For this Deponent applying himself to the said Master Noy and telling him how the said Lord Coventry had before opposed it and that he would oppose it The said Master Noy told this Deponent that he would warrant this Deponent the said Lord Coventry would then be of another minde And the said Master Noy being at the said Lord Coventries at a Seal when the Pardon was to be sealed did whisper the said Lord Coventry in his ear and so at that time it was sealed with that Condition That the Petitioner should not practise as a Counsellour at Law in England as is contained in the Pardon Jurat 17 Junii 1643. R. Riche And now after all this a man would have thought that Master Alexander should have been at some rest and quiet from further trouble in this businesse But afterwards it so fell out as that he being entrusted by the Earl Marshall of England in the managing of a Suit which his Majestie had given him for such Lands in Ireland as were his and his Ladies Ancestours and to which he could make out a good Title for the King which when he had waded in so far as that he had made it to appear unto the then Lord Deputy the Earl of Strafford that a good Title would be found for his Majestie to a great quantity of Land which had sometimes been the Inheritance of the Earls of Norfolk and Shrewsbury covetousnesse and something else now made him the said Deputy to cast an eye upon it for himself and lying all not far from Dublin within the Province of Leinster where the said Earl of Strafford had gotten some footing before first his Lordship did labour with the Earl Marshal to have quit his pretence unto it alleadging that it would hinder his Majesties designes of raising a Revenue in that Kingdom unto the Crown and would be otherwise of differvice to the State with other like Objections with which he so prevailed and with other Insinuations and promise of service to the Earl Marshal in other things that he had almost perswaded him to give over his Suit And in the mean time the said Earl of Strafford had procured Letters from his
Letters and being informed from the Bearer of Master Alexanders abode in the Countrey my Answer was That at his coming to Town the businesse should be dispatched After I have certified you very truely the Letter came not to my hands before the sixth of this Moneth and that he was seen in London the ninth of the same it will easily and plainly be gathered the Gentleman was gone before he vouchsafed so much as to deliver me the Letter And yet I attribute it rather to height of minde and stomack then to his over-dilgence thus first and last to over-run the Constable Again out of my Duty to the orderly and comely proceeding of these Affairs admit me to observe the ill consequence I fear must follow such an ill Instance as this as well in the generall as in this particular In the generall we shall be sure to have Suiters enough in this kinde if that they may thus procure not onely leave to go over but Protections Royall also which may free them not onely from the Civil demands of the Subject but from any Criminall Prosecution against them on His Majesties behalf and not onely so but that the Kings Deputy must be enjoyned to take course for every private mans businesse that hath or may have enough of his Majesties to attend besides And in this particular I know not how it might be thought His Majestie had been informed to give such an especiall and gracious Protection to a person that was but a few yeers since publikely sentenced and branded for a foul and corrupt Forgery in the Starre-Chamber of England So as it is truely to be wished the Gentleman may prove more faithfull to his Lordships commands and services hereafter then in those times it seems he was either to his own conscience or credit And lastly give me leave to acquit my self upon this occasion of a severity imputed unto me by the ignorance and malice of some as if this restraining of mens going over without Licence were a new-found holy-day of mine own and first introduced by me then which God wot nothing more grosly mistaken for it is most plain that by the ancient Law I was penally imposed upon this subject which appears by the Statute in this Kingdom of 25 of H. 6. cap. 2 and 9. which reciting That hereafter no Liege-mans Lands should be seised though out of the Land if so be it were by the Command of the King his Lieutenant c. implies That before that time if they had gone of their own heads their Lands were then and still are to be seised into the Kings hands Next in reason of State and Government it hath always been so declared and practised by many Acts of State and all the Governours successively it being in truth most dangerous to the Crown of England That this subject so much addicted to hold Intelligence and forraign dependances abroad should have liberty to be transported as they list without giving any account at all of themselves to the present Governour And in the last place as a matter much conducing to the good and quiet of this Kingdom they themselves in their twelfth Article of Graces beseech the King it may be so continued And his Majestie by his Princely Answer assents and enjoyns it to be so practised and observed So as after all this there must be many better tokens then any as yet I have heard before the childe can by any interepretation be taken or believed to be mine And thus in all humility I submit the consideration hereof to his Majesties wisedom best able to discern an inconvenience and seasonably to apply the proper remedy resting Your faithfull humble servant Wentworth Dublin this twentieth of November 1637. Received the seventh of December By which you may perceive Ovem in fronte Vulpem in corde gerit he pretends fair but meant nothing lesse then what he said all his endeavour was to have Master Alexander sent to him back again with a Rod at his back as the Earl of Kildare was of whom he gives instance for that purpose But His Majestie having read the Letters was displeased for a time and caused Master Alexander to be committed to the Fleet for this notwithstanding he had His Majesties own License for his coming over And well it was for Master Alexander that he was so imprisoned for though it was conceived too much punishment for so small an offence yet it stopped the Earl of Straffords mouth from all further complaint against him or otherwise he would never have left till he had gotten him to have been sent over back again for Ireland and left unto his mercy You may also perceive how willingly he was mistaken falsly to scandalize and traduce Master Alexander unto His Majestie in the matter of this Sentence terming the Accusation Forgery which he well knew was not so having had a finger in the businesse long before but did it purposely to lay a block in the way of Master Alexanders preferment fearing lest Master Alexander by his friends might procure something of his Majesties Gift that he would not have been well pleased withall and if he and his best friends had not bestirred themselves quickly and to purpose Master Alexander had been so placed by him as must have offended him to the heart which place to have been setled upon Master Alexander he would not have much cared either for his power or anger For the manifestation of this truth also be pleased to see the Warrants for his Commitment and Discharge THese are to will and require you forthwith to receive into your Custodie the body of Jerome Alexander Gent. herewith sent you and him to keep in your Custodie till you shall receive Order for his enlargement And hereof you are not to fail Dated at Westminster 18 Feb. 1637. To the Warden of the Fleet and to his Deputy FRA. WINDEBANK Vera Copia examinator per Tho. Revel Cler. de le Fleet. WHereas by His Majesties Command I committed to your Custody the body of Jerome Alexander His Majesty being graciously pleased that he shall be set at liberty These are therefore to require and authorize you forthwith to enlarge and set at liberty the said Jerome Alexander for which this shall be your sufficient Warrant At my house at Westminster the 15 day of March 1637. To my loving friend the Warden of the Fleet and to his Deputy and Deputies these FRA. WINDEBANK Vera Copia examinator per Tho. Revel Cler. de le Fleet. Thus far you may perceive what oppression Master Alexander still endured by he opposition of these great Favourites of those times yet still God delivered dim out of all But the said Earl of Strafford growing still into more and greater favour with his Majestie every day then other as the businesse he laboured in grew riper and neerer execution And Master Alexander perceiving that albeit the late Lord Viscount Loftus of Ely sometimes Lord Chancellour of Ireland the Lord Mount-Norris
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
and how the same hath been husbanded for the benefit of the State and all other matters and things concerning the same And forasmuch as Master Alexander on of our Members haib been unjustly charged to have sent the Marquesse of Ormond 1000. pound as of himselfe to an enemy of the Parliaments The truth is your Petitioners with the advice of Sir John Clotworthy before the Cessation in Ireland and upon a designe laid principally by Sir Joh. Clotworthy to have sent out 5000. foot and 500. horse of the Brittish Regiments out of Ulster against the Rebels upon which your Petitioners disbursed 10000. pounds and upwards and nothing done at that time to encourage the said Marquesse to have given all assistance to that proceeding and when hee stood cleer and then right unto the Parliament for ought known unto your Petitioners they did direct M. Alexander to write over to the said Marquesse and enclose Bils of Exchange for a 1000. pound to be paid to the Treasurer at Warres there for his Lordship and Officers to encourage them which miscarried by the way of which M. Alexander having been formerly accused and restratned of his liberty yet upon the truth thereof enformed to this Honourable House heretofore he hath been acquitted and therefore your Petitioners do humbly pray it may not be imputed unto him for a transgression or be therefore hlemished in the opinion of this Honour able House wherein he hath acted nothing but by your Petitioners order And for asmuch as we can witnesse that he hath performed his duty with a great deal of care and induslry for the Publique no with standing much opposition and with little benefit to himself and having done many acceptable services for that Kingdom and behaved himself in all things with that Candor and cleernesse that wee conceive him worthy of all encouragement We are therefore humble Suitors for him to this Honourable Assembly that he may be taken into consider ation accordingly And to remove all obstructions which hitherto have much hindered the proceedings concerning the affairs of Ireland It is your Petitioners further humble Suit to this honourable Assembly That you will be pleased with what speed your more weighty affairswill permit to take into consideration that Draft of an Ordinance which your Petitioners have lately presented to this honourable House that it may receive such allowance or deniall as in your wisedoms shall be thought fit which howsoever is onely well meant and intended by your Petitioners to relieve the present wants and necessities of the Forces there in Armes for defence of the King and Parliament And they shall pray c. To which Petition the Certificates and Order of the honorable House of Commons hereafter following were annexed for making good of the same in the particulers alleadged VVE of the Committee appointed by Ordinance of Parliament for taking of the Accompts of the Kingdom sitting at the House late of Alderman Freeman in Cornhill London do hereby certifie to all whom it may concern That on the sixt day of April last past Sir Paul Pynder Knight John Kendrick Alderman Bejamin Goodwin Maurice Thompson William Pennoyer and Michael Casteele Merchants Treasurers appointed for the Receits of moneys and goods c. brought in and to be brought in upon the Ordinance of Parliament of the 30. of January 1642. and Jerome Alexander Esquire and Richard Warburton Gentleman brought in and delivered unto us upon their corpor all Oaths an Accompt of all money received and paid by vertue of the said Ordinance for the relief of Ireland as witnesse our hands this 22. day of August 1644. Anth. Biddulph William Prynne Lawr. Brinley John Langley Edward Mead. Tho. Andrew George Wytham Joh. Gregory VVE of the Committee appointed by Ordinance of parliament for taking of the Accompts of the Kingdom sitting at the House late of Alderman Freeman in Cornhill London do hereby certifie to whom it may concern That on the sixt day of April last past James Bunce Thomas Foot John Kendrick Aldermen and Samuel Avery Esquire Treasurers appointed for the Receits of the moneys brought in and to be brought in upon the Ordinance of Parliament of the 14. of July 1644. and Jerome Alexander Esquire and Richard Warburtion Gentleman brought in and delivered unto us upon their corpor all Oaths an Accompt of all moneys received and paid by vertue of the said Ordinance for the relief of moneys brought in and to be brought in upon the Ordinance of Parliament of the 14. of July 1644. and Jerome Alexander Esquire and Richard Warburton Gentleman brought in and delivered unto us upon their corporall Oaths an Accompt of all moneys received and paid by vertue of the said Ordinance for the relief of Ireland as witnesse our hands this 22. day of August 1644. Anth. Biddulph William Prynne Lawr. Brinley John Langley Edward Mead. Tho. Andrew George Wytham Joh. Gregory Upon Debate and Reading of all which the Order hereafter mentioned was by the Honourable House of Commons made and conceived very justly For by it it is very evident that the same Petition was objected against as brought in by some indirect means as denied by those that seemed to be the Petitioners which when they understood they all went to the place at the time appointed to make good and avow theit Petition to the said Committee who not sitting in a full Number the Petitioners presented them selves to such of the said Honourable Committee of the House of Commons as were present ready to justifie the framing and presenting of the said petition to the said House by the said M. Spurstow and afterwards the Committee of Grocers-hall to cleer themselves from that imputation framed the Petition following to bee presented to the said Honourable House of Commons Die Veneris 27. Septemb. 1644. The humble Petition of the Committee of Adventurers for Lands in Ireland was this day Read and Ordered to be Referred unto Master Hollis Sir William Lews Master Recorder Master Bond. Sir Walter Earl Sir Tho. Dacres Sir Hen. Mildmay Master Vassall Master Maynard Master Lisle Sir Hen. Vane jun. Sir Christopher Wray Master Ellis Sir Will. Massam Master Ashe Master Prideaux Master Blackston Sir Philip Stapleton Master Jephson Master Stroude Master Weston to examine the manner of comming in and exhibiting this Petition and what persons will avow it And are to meet to morrow at 3. of the Clock in the afternoon in the Exchequer-chamber And have power to send for Parties Witnesses Papers Records c. H. Elsynge Cler Parl Dom Com. To the Honourable House of Commons The humble Petition of the Committee of Adventurers for Lands in Ireland sitting at Grocers-Hall SHEWING THat whereas they have heretofore presented their humble Petition unto this Honourable Assembly by the delivery of Master Spurstow one of your Members and that by your Order of the 27 of September 1644 you have been pleased to refer it to a Committee of this Honourable House for to examine the manner
Court and examined upon Interrogatories or otherwise touching the defacing and blotting out of the said words that and did and also that the said Master Hooker might be likewise sworn to declare upon his oath what he could say for discovery of the truth touching the matter aforesaid all which were sworn in open Court accordingly Whereupon and upon publike reading of the said Alexanders Affidavit in open Court wherein and some Demands then made by the Court to the said Alexander there plainly appeared a repugnancie to truth wherein he had catched himself and discovered his guiltinesse of the said Offence The Court was pleased to required the Lord chief Justice of the Kings Bench and Master Justice Dodderidge both present in Court to take the Examination of the said Alexander Nevile and Master Hooker touching the premises who took great pains therein accordingly and by the earnest sollicitation of the said Nevile on the seventh day of this instant November returned into this honourable Court their certificate of all their proceedings therein which said certificate was openly read in Court upon the tenth day of this instant November upon the reading whereof and opening the points of the same certificate by Sir John Finch Knight of counsell with the said Nevile the Court was inclineable to be of opinion that the said Alexander himself was the man that did blot out and deface the said two words that and did out of the said John Warrens Deposition for his own advantage against the said late Defendant Yates but for that the said Alexander was neither himself in this honourable Court in person neither had any counsel to speak for him the Court therefore did forbear to give any finall Sentence or Decree therein that day but gave the said Alexander time untill the next sitting-day to shew cause if any he had by his counsel or otherwise why the Court should not proceed to sentence against him for that Misdemeanour or in default thereof the Court intended to proceed to sentence the next sitting-day at which time the said Alexander was ordered to be present at the Bar in person Now this day was read in open Court an Affidavit of Charles Bagshaw Gentleman That he had done his best endeavour to serve the said Jerome Alexander with the said Order and to give him notice thereof for which purpose he had sought him at his chamber at Lincolns-Inne and given unto his boy or Clerk whom he found in his said chamber a true copie of the said Order and the said Nevile himself offering to be deposed That he did at the late Lord chief Justices give the said Alexander himself warning to attend the Court at his perill All which notwithstanding the said Alexander made default and had withdrawn himself as was now informed in this honourable Court. Whereupon was read again in open Court the said Alexanders Affidavit and the said Certificate of the said Lord chief Justice and Master Justice Dodderidge Upon the reading whereof and opening of all the parts and points thereof by Sir John Finch Knight and Sir Heneage Finch Knight Recordeer of London both of counsel with the said Henry Nevile who was present in Court himself to stand to Justice it plainly appeared to this most honourable Court aswell by divers apparant contrarieties between the said Alexanders Affidavit aforementioned and his Examination taken upon his Oath before the said Judges as by divers other pregnant reasons and circumstances conducing to prove him guilty of this great offence and also by the testimony of _____ Cook Gentleman sworn in open Court who upon his corporall Oath deposed That the said Alexander had formerly been taken very foul in his own cause in the same kinde or worse at a Tryall in the countie of Norfolk at an Assizes holden at thetford before the said Master Justice Dodderidge who bound him to the good behaviour for his offence then committed And for that also the said Alexander was fled and durst not abide Judgement as the said Nevile did who prosecuted him for that offence this honourable Court was clear of opinion that the said Alexander himself was guilty of that foul Misdemeanour and Offence of defacing and blotting out of the said two words that and did out of the copie of the said John Warrens Deposition for his own advantage and ends against the said Yates whereby this honourable Court was misled in their judgements in censuring and condemning the said Yates as afore is declared And have therefore Ordered Adjudged and Decreed the said Jerome Alexander for his said foul Offence and Misdemeanour well worthy of sharp and severe Punishment for the same and that he shall be utterly disabled to practice as a Counsellour at Law publikely at the Bar or privately in his chamber holding him not worthy to be of the Society of Lincolns-Inne whereof he was a member have therefore left him to the consideration of the Governours of that House and to pay a Fine of 500l. to His Majesties use be committo the Prison of the Fleet and before his enlargement out of prison shall publikely at the Bar of thisCourt in humble and submissive manner acknowledge his great offence against God and this honourable Court and shall shew himself very penitent and sorrowfull for the same And this honourable Court pronouncing the said Nevile to be clear and free from committing or being privie to the committing of the said Offence of blotting out the words of the copie aforesaid and gravely considering the great trouble losse damage and danger which the said Nevile hath been put unto for clearing of his credit and reputation in his service to the Court in defence of his own innocencie in this cause and in prosecuting and bringing to censure the said Alexander for the same his great Offence and Misdemeanour Have therefore further Ordered Adjudged and Decreed That the said Jerome Alexander shall satisfie and pay to the said Henry Nevile for and towards his losse and damage in that behalf the Sum of 50l. of lawfull money of England Jo. Arthur Dep. Jurat 5 die Maii 1642. Ro. Riche Thomas Talbot of London Gent. doth depose That this Writing is a true copie of the Record of the Sentence therein mentioned being examined by the Record by me the said Thomas Tallbot EXCEPTIONS taken by the said Jerome Alexander Esq unto the Dismission Decree and Proceeding of the Court of Star-Chamber against him touching the said pretended blotting out of these two words that and did in the Paper-copie of one John Warrens Deposition taken in the Cause wherein he was Plaintiff in the said Court against John Yates and others Defendants In anno secundo Caroli Regis First against the Dismission 1 THat it was given against him notwithstanding good cause and proof appearing within the Books to have sentenced the Defendant Yates for that offence of terrifying of Witnesses and tampering with them albeit John Warrens Deposition to the nine and thirtieth Article had been
wholly set aside and albeit John Warren in his Deposition to other Articles proves in effect the said Yates guilty of the said offence 2 That albeit Yates upon the said Hearing was once fined for the said Offence yet he was afterwards dismissed when sufficient matter thus appeared against him 3 That the Dismission was given and costs awarded against him when he had proved some part of his complaint against some other of the Defendants besides Yates who dying before the hearing thereof escaped a censure for which cause the act of God onely intervening he ought to have had his costs and not paid costs 4 That this Dismission was given when it appeared to the Court by so much of the causes as was already heard that he had probabilem causam litigandi and therefore if he should have had no costs ought by the course of the Court to have paid no costs 5 That 130l. Costs was taxed by the late Lord Coventry then Lord Keeper against him whenas by the Bill of costs it doth appear that they are very immoderate and extreme 1 First by the sum and totall thereof summoned up in the foot of the said Bill of costs there appears to be 36l. 10s. or thereabouts cast into the totall of the said Bill more then re vera the same do amount unto by the particulars of the said Bill which must of necessity be done to give colour to tax and allow the more costs against the Petitioner 2 That there is 76l. 10.4 set down for the Defendants travelling charges and sometimes 8l. and 12l. and more in a Term when in all that time after the appearance and answers put in their cause was commonly followed by their Agent and Attorney who have their Fees allowed them in the Bill of costs besides 3 That in the Bill of costs 40l. and more is set down at least for counsel-Fees in nine Terms and sometimes 12l. in a Term when by the ordinary Rules of the Court the Defendants should have had allowed but one counsel in every of these nine Terms and but 10s. a Fee in every Term for what is given more is of the clients own superfluity and not to have been charged upon him So there is 116l. 10s. and more set down for travelling charges and counsel-Fees Secondly against the Sentence That it is illegal and without foundation for the matter and manner of the said Sentence besides That the Paper-copie of that Deposition in which the words are supposed to be blotted he could never see to this day to be satisfied that it was so it being taken from his servant in his absence nor had he perused it of neer three yeers before that time but were with his Sollicitour attending for a hearing First for the matter of it It is alleadged in the Sentence to be done by him for his own advantage which is not so 1 Because it appears he had no need to help the testimony of that Witnesse by so indirect a course because it appears clearly in the Books that there is sufficient testimony besides for the proof of that Charge 2 It cannot be presumed that he who had probabilem causam litigandi and therefore by the course of that Court was to have paid costs albeit the Defendant had not been fined would commit a Misdemeanour which would not redound any thing to his benefit 3 It cannot be presumed that he would have done that act which must of necessity have been controlled by the Defendants copie then present in Court and by the Record it self 4 It cannot be presumed any such act would have been done so grosly a mark of eminence being made in the Margent which would have made the thing the more remarkable Secondly 1 Paper-copies of Depositions and Records are not credited till be justified for true copies upon Oath which he never did do as appears by the Sentence 2 The common-Law and that Court of Star-chamber imitating the Law in that have never punished offences of this nature with more then the losse of the fruit of that thing intended in it 3 If Offences of this nature begin but by the tender of them to be read it cannot be applied to him as an Offence for Nevile his Sollicitour in the cause had the Books and managing of the cause at the hearing and delivered them to Master Jones his Master and Atturney in the cause to read Thirdly In all causes criminall if the supposed Delinquent deny the fact there ought to be no proceeding without Bill or Information Answer and Examination of Witnesses so that the party may make his Defence in this case He did upon his Oath deny the fact objected yet the Court proceeded without Information Bill Answer or Examination of Witnesses whereby he lost the be benefit of making his just Defence Fourthly against the ground of the Sentence viz. the proof of the fact objected 1 First he did upon his Oath deny the fact and there is no proof at all either by confession deposition or otherwise to convince him 2 That testimonie which is produced is then such upon whom the crime must have fallen in case he were not guilty so that testimony onely tended to purge such as deposed it Nevil himself 3 That M. Alexander against all ordinary proceedings of Justice after he had purged himself upon his Oath was again enforced to be sworn and reexamined upon his Oath to have accused himself and this his reexamination pressed against him in the Sentence against the truth thereof 4 Matters extrajudicial and diverse from the thing in question is received and deposed against him and inverted in the Sentence contrary to all ordinary Rules of proceeding and to the truth it self Fifthly against the sentence it self 1 It is given against him without any legal notice and in his absence necessitated upon reall occasions whereby he was disabled to make his Defence 2 It was interlaced with divers scandalous and impertinent suggestions thereby to render him causlesly odious and with some untrue surmises viz. of proof of the crime and of contradiction in his Examinations neither of which are so 3 In case the Proceedings had been legal and the Fact had been proved yet the Sentence is excessive 1 Excissive in respect he had suffered before viz. the reversall of a Sentence pronounced for him and taxing of 130 l. costs to the Defendant 2 Excessive in it self disabling him to use his profession either publikely at the Bar or privately in his chamber 3 Fining him 500 l. to His Majestie 4 In adjudging him to Imprisonment till he should make a publike Submission in Court and confesse himself guilty of the Offence whereof he was innocent 5 In inviting his expulsion out of the Society of Lincolns-Inne whereof he was a Member which thereupon was done and his chamber seized and taken from him for no other cause 6 In giving 50 l. damages to Nevile who was the wrong-doer and guilty of the said Offence Sixthly against the Proceedings