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
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
publikely or privately nor to have born any Office What course could he have then taken for a living dig he could not and to beg he was ashamed and what other way had been left him whereby to have maintained himself and family And this this worthy Gentleman would have done to have satisfied his Spleenatick humour Yet like the son of such a father he gives this reason for it In regard saith he of his constant persisting in foul practice having thereby done prejudice to some of the Nobility and severall of the Clergie in that Kingdom You well know who was the father of such untruths from the beginning And Master Alexander is certainly perswaded that it was the invention of his own brain for wrong he never did to any man in that or this Kingdom nor in all the world that he is conscious of unto himself nor did any man there that was not of his Confederacy ever complain of the least ill measure or miscarriage done him by Master Alexander And those Complaints wherein he had a hand albeit they had the said Lord Deputies best countenance and assistance and what he and all the enemies which he had could invent and put upon him yet did Master Alexander clear himself of whatsoever Accusation and left the shame to rest upon them all to whom it justly appertained But peradventure Master Fitz-Gerald will answer this in the language that he informed it in and whatsoever his ill meaning was in the matter will take the words in their proper sense and so t is true Master Alexander by his Practice had done some of the Nobility and some of the Clergie prejudice Sure it was his Profession to do so when he overthrew them in their unjust Suits wherein he was of Counsel against them yet did them no wrong therein nor injury unlesse in Master Fitz-Geralds esteem it was not fair for any man of Law to have opened his mouth against a Lord or Prelate of those times And for the Clergie Master Alexander can but wonder that the should make use of their names in so false a thing as this when t is well known Master Alexander had no such ill opinion amongst the Clergie And that you may perceive that Master Fitz-Gerald circumvented the Lord Primate of Ireland in gaining this Letter from him under such Generals to do Master Alexander a mischief the Information being sent over to Master Alexander out of England by his friends at Court to let him know how his Majestie was thus again possessed and incensed against him he went therewith unto the Lord Primate and shewed his Lordship the same informed him that his name was made use of as one that sent over this Complaint against him which he utterly disclaimed and to go Master Alexander right therein gave him the Certificate under his hand which followeth in these words AT and upon the humble request of Jerome Alexander of Dublin practiser in the Laws informing me that he is credibly given to understand by Letters out of England that his Majestie should be informed by Letters from me hence against him whereby to alien and withdraw his Majesties favour from him in some thing now intended by his Majesty unto him Therefore to satisfie his desires herein and all other whomsoever I do declare hereby That for my part as I never had cause of any Complaint against him now since his residence in this Kingdom have never heard that he demeaned himself here otherwise then orderly and well so I professe that I never wrote any Letters unto his Majestie or any person whatsoever against him either into England or elsewhere but do wish him much good and would rather do him a pleasure then otherways if it should lie in my way Given at my house at Dublin this ninth of November Anno Dom. 1633. Ja. Armachanus Which being sent over for England and shewed unto his Majestie begat a little better opinion in him of Master Alexander then before Yet whensoever his Majestie was sollicited for a Pardon in his behalf the Lord Coventry still was advised with herein as it was his place who so incensed his Majestie still again and again against Master Alexander as for a long time he stopt and kept the current of his Majesties mercy from him All which he did fearing Master Alexanders return and that he would complain of the injustice done him which you may perceive he was no ways able to answer in this matter the same so grosly appearing out of the proceedings that there needed no proof but the Records of his own actions to manifest the same And now after this Master Alexanders father in law Master John Havers and his uncle Captain Edward Havers being well satisfied by Counsel of the iniquity of the Sentence and by Master Noy for one amongst the rest out of their meer goodnesse could hold no longer but were resolved That if the Lord Coventry should interpose in the matter any longer against Master Alexander they would complain of him unto his Majestie yet first they attempted again to obtain his Majesties favour for a Pardon which with much ado his Majestie granted and for which Master Alexander doth own very much to the Right Honourable the Earl of Pembroke who being well informed in the businesse and finding with what a high hand he was opposed by the Lord Keeper for his own ends would not be denied of his Majestie therein by which means it was obtained Yet when it came to be drawn up the Lord Coventry came to the King again and would have perswaded his Majestie against it but finding him and resolved to have it done when he perceived it must passe yet then with his importunities he prevailed to have the Condition inserted in it howsoever That Master Alexander should not use his Profession here in England and after all this yet stopt it at the Seal for some time notwithstanding till Master Noy being then this Majesties Attorney-Generall came to him of purpose and told him reasons why it were better for him to passe it so then to endure a Complaint and thereupon he sealed it much against his will which followeth in these words CHARLES By the grace of God King of England Scotland France and Ireland Defender of the Faith c. To all whom these Presents shall come Greeting Whereas in Our Court before Our Councell in Our Star-Chamber the seventeenth day of November in the second yeer of Our Reign in a Cause then there late depending between Jerome Alexander Utter-Barrester at the Law Plaintiff against John Yates and others Defendants by Judgement of the same Court the said Jerome Alexander was censured for a foul misdemeanour and offence by him committed in defacing and blotting out of certain words out of the copie of certain Depositions taken in the said Cause for his own advantage and ends against the said John Yates whereby Our said Court was misled in their judgements in the censuring and condemning of the said Yates
A Breviate of a Sentence given AGAINST JEROME ALEXANDER Esquire An Utter Barrester of Lincolns-Inne In the Court of Star-Chamber the 17th day of November in the second yeer of the Raign of our Soveraign Lord King Charls of England Scotland France and Ireland c. With Exceptions taken to the said Sentence to unfold the Iniquity thereof With a short Narrative of divers other passages and Oppressions wherewith he hath been also grieved in other times of his life both before and since Printed for the Satisfaction of his Friends against those many Calumnies and aspertions raised thereupon to blemish him in their opinion and in the opinion of all others with whom he hath to do PSALM 118.6 7 8 9. The Lord is on my side I will not fear what man can do unto me the Lord taketh my part with them that help me therefore shall I see my desire upon them that hate me It is better to trust in the Lord then to put any confidence in man it is better to trust in the Lord then to put any confidence in Princes PSAL. 9.13 14. Have mercy then upon me O Lord consider my trouble which I suffer of them that hate me thou that liftest me up from the gates of death that I may shew forth all thy praise in the gates of the daughter of Sion LONDON Printed Anno Dom. 1644. To the Reader A Working Vessell is saved from breaking by a vent a heart oppressed with sorrows eased when it hath revealed its discontents I have long laboured under many afflictions and oppressions and to this houre could yet never finde Justice at leisure to examine my Complaint the vinegar of which delay hath been as ill to me as the injustice which I have received whiles thus my Calamities have been prolonged encreased too by common Fame and though in this time my innocence hath cleered the main debt yet have I been undone with the Arrerages of the suspition which is an arrow of slander that pierceth the inward parts men being apt to believe Relations as they come to them that a good man oftentimes may deliver untruths by here-say from the credit of one he trusteth and thereby wrong the reputation of him he knows not and the innocent thus many times may suffer reproach undeservedly For the satisfaction therefore of my acquaintance I have Printed this Map of my misery untill the time shall come that my cause may be rightly judged Psa 105.19 20. and that in the interim I may not lye under the guilt of those slanders wherewith I have been blemished chosing rather that my enemy should eate my heart than a friend should grieve it as it is much better to dye of the meate one liketh not then to surfet of the meate one loves a man is not therefore unworthy because he hath had disasters follow him at the heels for the whistling whirl-wind must blow before Elias be rapt up to heaven great and mighty fishes are not bred in small and sweet waters but in the Salt-sea as brave Spirits by difficult attempts become victorious a fruitfull tree though the bark be bitter yet the fruit is sweet though a man may seem harsh in the more strict performance of his duty yet is it profitable to the publique nor shall you ever finde any cudgells thrown at an Apple tree that bears onely leaves no man was ever envied for evill t is vertue that hath so many enemies for a bad man is to himself the worst and needs no other enemy to undo him then his own desires as Midas made his Idoll become his ruin thus we hate the Foxes advise thovgh never so current the Wolfs skin doth detect his Counsell in persons faulty we suspect truth and therefore it was observed of Aristides that he was wont to propose such advices as he knew did conduce unto the Publique weal by some other men and not from himself lest Themistocles out of hatred of his person should have with stood and impedimented a generall good as a fire made of green wood which is fed with it as fewell but quenched with it as 't is green and thus when the Murtle tree will quickly rot the Sethim wood cannot be eate with wormes the Saphire will not crack when the flint is quickly shivered in peeces when the evill man like him in the Philosopher who thought where ever he went that he saw his own picture walk before him unto a wise man you can do no wrong who like a good souldier will keep his rank receive with thanks whatsoever falls that which is constant we say doth passe for excelten 't is true in the use of good things as it is in sufferings for the truth for thus the malice and venome of an enemy too may by wisdom be converted into a medicine and by managing become a benefit which was by him intended for an injury or to use the similitude of Plutarch as healthy and strong beasts do eate and concoct Serpents whereas weak stomacks do nauseate at delicates so wise men do exceedingly profit by the hatred of their enemies whereas fools are corrupted with the love of their friends and an injury doth one man more good than a curtesie doth another as wind and thunder when they trouble the ayre do withall purge it whereas a long Calm doth dispose it unto putrifaction the same whetstone that takes from a weapon doth likewise give it an edge 1 Sam. 13.30 and sharpens it as the Israelites when there was no Smith amongst them 1 Sam. 13.30 did sharpen their instruments with the Philistims so an enemy serves to quicken and put an edge upon those vertues which by lying unexercised may contract rust and dulnesse and many times when the reasons of the thing it self cannot perswade the fear of giving advantage will over-rule a man lest hereby he gives his foe matter of insultation the eye and neerenesse of an Adversary exciteth Caution and diligence and makes a mans life more fruitfull and orderly then otherwise it would have been like a sink by a house side it makes all the house the cleaner as those Roses and Violets are sweetest which grow neer unto Garlick and other strong sented Herbs because these draw away to them any fetid or noxious nonrishment and as vermine do ever devour the purest Corn and moaths eate into the finest Cloath and the Cautharides blasts the swetest flowers so envie doth ever gnaw upon that which is most beautifull in another whom it hateth poyson never works where it finds no heat envie still follows the better part as the Vulture it draws sicknesse from a persum a rancorous nature trouble from the good it sees in him he hateth and odiorum acriores causae quando iniquae when hatred is built upon a bad foundation it commonly raiseth it self the higher and the reason is because in passions of this nature the lesse we have from the object the more we have from our selves and what is
after the Sentence 1 That the Fine was passed under the Great Seal to one Master Humfrey Fulwood then Master Secretary Cokes servant and the greatest part of it paid without such Instalment as is usually allowed of course in such cases 2 That by means of the late Lord Coventry then Lord Keeper of the Great Seal of England his great advesary and of the late Earl of Strafford as ill affected to him His Majesties Grace and Favour for pardon being then all the means left to give him being in the world was continually interrupted and kept from him that by many yeers sollicitation of hisfriends in his absence in Ireland and of many noble Personages at Court it could not be obtained And when at length his father in law with much ado prevailed with His Majestie for it yet the said Lord Coventry so prevailed with His Majestie that he caused a Condition to be inserted in it That he should not have liberty to use his Profession here in this Kingdom to put him out of all hopes of returning well knowing that he was resolved to question his injustice whereof there needed little other proof then the very Sentence it self Then to make good these Exceptions I shall take the Sentence asunder and in Parts and so proceed to shew the apparant Injustice done to Master Alexander by it and the Errours and Irregularity thereof 1. THis day came to be heard by special Order of this honourable Court of the 10 of this instant November a very foul Offence Practice and Misdemeanour of the Jerome Alexander an Utter-Barrester at the Law and late Plaintiff in this honourable Court against John Yates and others late Defendants which Cause was heard in open Court on the 25 of October last At the hearing of which Cause the main wherewith the said Yates stood charged was The threatning and terrifying of Witnesses which the said Alexander was to produce ac a former Triall of Nisi Prius in the Countie of Norfolk between him the said Yates then Plaintiff and the said Alexander then Defendant Sentence fol. 1 In this first observe The Sentence is given so soon as 't is begun and before any matter shown to prove the Fact Master Alexander is pronounced guilty of a foul Offence Practice and Misdemeanour according to that Rule of Matchiavil who adviseth to cast dirt enough in the face and some will stick to scandalize with many Reproaches and the party though never so innocent shall not go away without some stain in his Reputation Nor was the said Yates his threatning and terrifying of Witnesses therein mentioned the main wherewith the said Yates stood charged in that Suit wherein Master Alexander was Plaintiff against the said Yates and others Defendants as the said Sentence unjustly recites but the said Yates in that Suit was likewise charged with Subnornation of Perjury and Imbracery as well with that Charge and which stands proved against him in that Suit To make this appear you shall understand that in Easter-Term 19 Jacobi Master Alexander preferred his Bill of Complaint in that Court of Star-Chamber against Owen Godfrey Esquire for Perjury John Yates for subornation of Perjury and for embracing of Jurors and for tampering with and terrifying of Witnesses and against Allan Lampkin William Wacy and John Lawrence Jurors by Yates embraced The Bill sets forth that About the the 30 of April anno 14 Jacobi Master Alexanders father then deceased did together with one Edward Olifer and for his onely Debt cause three Writings to be made purporting Writings obligatory with penalties of 10 l. apiece mentioned to be conditioned for the payment of 5 l. apiece to the said John Yates at three severall days which being written subscribed and sealed by the said Olifer and Master Alexanders father were delivered into the hands of one Christopher Kirby with him to remain as Escrolls with this intent That if the said Yates should deliver up into the hands of the said Kirby one Obligation of the penalty of 40 l. conditioned for the payment of 24 l. wherein the said Olifer stood bound unto the said Yates to be cancelled that then the said Christoper Kirby should deliver the said three Writings into the hands of the said Yates as the Acts and Deeds of the said Olifer and of Master Alexanders father or otherwise not And further set forth that the said Yates did never deliver up the said Bond of 40 l. into the said Kirby's hands to be cancelled but refused so to do and therefore the said three Writings remained as Escrolls and void That shortly after the said Kirby died and after his decease and after such time as the money was to have been paid if the said Writings had taken effect the said Yates by some sinister means gains the said three Writings into his hands and putteth the same in suit against Master Alexanders father as if they had been his Deeds who pleaed this especial matter and concluded non sunt facta Whereupon issue was joyned but before the Triall Master Alexanders father died and made his said son his sole Executor who proved the Will and after Yates commenced Suit against him as Executor to his father upon the said three Writings to which Master Alexander pleaded the same plea as his father had done before And issue being joyned the said Yates had three severall times taken out the Record of Nisi prius and warned Master Alexander to a Triall which he attended to his extreme charge but still Yates durst not trie it Then Master Alexander took forth the Record to trie it by Proviso when the said Yates had secretly taken the same Record out also And now assuring himself that Master Alexander would be secure first before the said Assizes the said Yates the more for to colour over the matter laboured to have the differences put to arbitration which being condescended unto the Arbitratours met and heard the differences but did make no end and presently afterwards Yates endeavoured to have stollen a Triall of the said Cause before Master Alexander and his Witnesses should have come to Town where the Assizes were kept and the said Yates accordingly procured the same Cause to be called upon within an hour or two after Master Alexander came to the Town altogether unexpected to Master Alexander and the Cause so coming to a Triall and the Issue being Whether the said three Writings were delivered as the Deeds of the said Olifer and Master Alexanders father absolutely or as Escrolls Master Alexander produced five severall Witnesses those whose names were subscribed as Witnesses to the said Writings as others also present at the making and delivery of them to Kirby and one of them being a reverend Preacher and the maker of the Writings and the rest Gentlemen of good rank and quality all which proved fully and clearly that the same three Writings were delivered as Escrolls in such manner as Master Alexander had pleaded Against which Yates did produce the said Owen
him from all those Vulture which for the Fine and other moneys would have divided his coat But that which stuck in his stomack the most of all was that the feared Master Alexander should also procure his Pardon of all the rest of the Sentence without making submission to his Majestie and the Court which censured him though that were a little more then the Court had enjoynedto be done to his Majestie yet see how by his good-will he would have interested his Majestie in that businesse more particularly though not more then the Sentence and all to unfold a mysterie which he in his high conceit apprehended was never understood before by all those Apollo's and learned Judges of that Court which by his leave were so well verst and understanding that matter and the project they had in hand as they best knew where the shoe wrang and what they had done in it was for another end then all the wisedom he had could reach unto and for his eyes he was not so clear sighted as to look into a Milstone further then they But this was not all for he saith further Master Alexander lived in Ireland Very proudly and arrogantly apt to fall into that scandalous offence again upon every occasion It should seem by this the Gentleman had a spirit of Prophesie or was well verst in Phisiognomie that he could by a mans countenance tell him his Fortune or that he had some Raptures or Revelations that made him so cunning to foretell things to come for surely to the eyes of those that lived there in conversation with Master Alexander saw no such appearance and as for Master Alexanders own heart and conscience he found himself free from any such inclination and all the following story of his life never yet declared any such matter Then it must needs be that spirit was in the mouth of Ahabs Prophets which deceived him which because it were a shame for the Gentleman to confesse Master Alexander is content that he be silent although his experience hereof by this time sheweth him his errour But look a little further hinc illae lachrimae Master Alexander endeavoured to be Clerk of the Crown and to be joynt Partner with Master Andrews for so he says and here the shoe wrung him and then this Gentlemans great hopes first to be Secundary thereof to his brother in law and in time to be master of the Office himself would be at an end The Proverb is that Murther will out He travelled till he was delivered And I appeal herein if these wilde Gourds spoiled not all the pot of Pottage Dolosus versatur in universalibus And whiles he kept his tongue within his teeth from relating particulars to him that understood not the mysterie of the businesse would peradventure have approved his zeal as if it had been for justice upon one that never offended But since his own interest appears now to be at stake what indifferent man will believe him in all the rest But saith he The Records of that Court coming to his hands Master Alexander may do a world of mischief having so fine a trick of raising and falsifying of Records Surely if the man had been well in his wits and not past shame he would have blushed and trembled to have presented such an untruth unto any man much more unto such great Lords and Peers of the Kingdom but most of all unto a King And I wonder when he perceived such strength of opposition to be against Master Alexander as he did and with whom he practised and thus joyned to ruine him that if he had ever read the Statutes of England and Ireland which I dare say he will tell you he hath done all over and all the Books of the Law besides and understands it far better then Master Alexander which for a quiet life he will grant him to be so into the bargain that he may yet be more conceited of his own worth and unparallel'd abilities but in such case he must I say have found that to rase and falsifie a Record is Felony And if Master Alexander had committed such an act the Court of Star-Chamber by that Sentence would never have troubled themselves for to have studied out means to have buried him alive if they had had that neerer cut to have removed him out of the way But on malice be it And now if the Prayer of this Information be well observed this will appear in its colours to all the world It is prayed That Master Alexanders Pardon might be stayed at the Great Seal Fond man I see thou knewest not that the Lord Coventry had solemnly vowed before and professed that never any Pardon of this Sentence should passe the Great Seal for Master Alexander whiles he was Keeper of it and he made but use of Master Fitz-Gerald in this kinde to give a further colour for this resolution and yet poor man in he mean time like the Fly that sat upon the Axletree of the Cart he verily thought it was he that raised all this dust which was the turning of the wheel And he would have this Pardon stayed too untill Master Alexander should be transmitted by the Lord Deputy of that Kingdom to submit himself unto the said Censure not knowing that in this time he had made Master Fitz-Gerald carry the Rod which was to have whipt his own tail for had he prevailed to have had Master Alexander attached here he had instantly seised upon the Office as wanting one to look over a place of such eminency in the State in the absence of Master Alexander and having been once possessed thereof neither his brother in law nor himself had ever lickt their lips after it should ever have been the better for it And Master Alexander can assure him that if he would have parted with his interest therein unto his Lordship the then Lord Deputy as he was earnestly dealt withall and treated with for that purpose he was promised his Lordships great friendship into the bargain and 100 l. more ready down then Master Fitz-Geralds brother in law gave him for it Then to look a little further in this Information If all this could not be obtained then Master Fitz-Gerald would play at small game rather then to stand out prayed That there might be inserted in the said Pardon a Clause of Proviso that the said Jeromy might not be allowed to practice or bear any Office in Ireland You see how still he pleaded for his own interest and how maliciously he set himself to have destroyed Master Jeromy for now he thought him no longer worthy of his Sirname of Alexander and indeed having ungentleman'd him before and taken his Sirname from him now so if he might have had his will in his desires he would have left him without welt or guard at the last for if he could have prevailed that Master Alexander should not have been admitted to use his Calling neither in England nor Ireland niether
Majestie and issued out Commissions to entitle his Majestie to these Lands as derived from the Earl Marshals and his Ladies Ancestours which M. Alexander had discovered And having found one Territory thereof but not the tenth part thereof afterwards procured more Letters for to passe the same to others at a small Rent under a hundred pounds per annum which was no lesse in value then between three and four thousand pounds per an Which M. Alexander perceiving informed the Earl Marshal thereof and of the true state of things Whereupon his Lorship finding himself thus injured and abused by the Earl of Strafford did labour his Majestie that he might go on with his Suit for those Lands and did proceed so far as that many of the terre Tenants the ancient Natives who had been in possession by intrusions by them and their Ancestours for many Generations some hundreds of yeers Master Alexander had so satisfied them in the weaknesse of their Titles that without more ado the chiefest of them began to surrender and did surrender their estates into his Majesties hands with intent that they should be granted to the said Earl Marshal and his Heirs according to the Tenour of his Majesties Letters in that behalf and were resolved to stand to the said Earl Marshals courtesie for new Grants to hold of him and his Heirs Which thing when the said Earl of Strafford perceived and that the Earl Marshal having gotten this footing the said Lord Deputies project therein concerning himself to get those Lands would be at an end and so he was not onely like to have too powerfull a Neighbour but his actions must thereupon be sifted and discovered in that wherein he had broken both trust and all bonds of friendship with the Earl Marshal now he the said Lord Deputy saw he had no other way to acquit himself but either to gain Master Alexander unto his party or by crushing him altogether that so he might be quitted of him he therefore attempted first by all expressions of favour towards him to win him and at all places and in all cases where he might shew him countenance he did it for a time till he perceived that nothing could take him from his duty or to violate the trust the Earl Marshal had put in him but found that Master Alexander the rather proceeded with the more zeal and earnestnesse in that businesse then before and by this opportunity was able to have done the said Lord Marshals businesse without him when he thought t was high time to turn about and that speedily or it had been too late for all the possessours of those Lands were resolved to have made the like surrenders of their estates as their neighbours had done before into his Majesties hands c. Whereupon spirits were raised up to fined out other particular interests and claims of private men which were set on foot against the said ancient possessours and albeit without colour or shadow of Title yet it was enough to embroyl the businesse and for to hinder the Earl Marshals smoother proceedings and now a Bill was first brought against these Gentlemen for no other cause but for making these Surrenders of their estates into the Kings hands And because it was pretended to be done in prejudice of those claimers that had no colour of right yet for this and no other thing were they grievously fined and censured in the Castle-Chamber there for thus giving away their own Lands unto the King and the Court of Wards and all Courts there were now filled with Suits against the Occupants and their estates and possessions ordered from them and they outed of their Interests which they and their Ancestours had enjoyed for some hundreds of yeers before and in this time they could get no Lawyer to plead or speak for them but Master Alexander for which cause the said Lord Deputy had wrought all the Judges some few excepted that were just men to disfavour him and fix whatsoever upon him to disgrace him when he came in their way also whomsoever he was that would complain against him had the said Lord Deputies ears open and his creatures too more ready to receive then any of them could possibly be for to petition against him And thus Master Alexander had almost enough to do to make his own Defence against such clamours and false things which were thus received against him whereof he still cleared and freed himself but without any recompence of his losses and damages thereby sustained and without all repair for the base scandals were thereby put upon him whereupon he perceiving himself thus resolved and destined unto ruine by some one means or other were it right or wrong and having understood out of his Lordships the said Lord Deputies secret Closet that he had assuredly purposed and determined to ruine him therefore foreseeing the danger M. Alexander prepared the best he could for to prevent it and now by the opposition that was between them by which means those that were in like manner oppressed did still repair unto Master Alexander for advice and counsel he understood the most of his wicked actions and observing his ways against others and that there was no fence for him to save himself whom he purposed for no destroy therefore Master Alexander came for England and yet without his Passe which was the thing he stormed at having before this time made an Act of Common-Councell which he declared should in all tings be as binding as a Statute-Law That no Subject of Ireland should come for England or go elsewhere beyond the Seas without his special License which when any endeavoured to obtain at his hands against whom he had any thing to say he must be sure to ask and go without howsoever if he had no fair pretence yet then it must be delayed at the least so long untill some way or other was found out to obstruct his passage and so enthrall and trouble the Passenger as ruine was the end at last against whomsoever his displeasure and indignation did arise And if it did so fall out at any time that any man had obtained his Majesties Letters to him requiring his permission to let him come for England he would notwithstanding hinder him if he were such a one as he had no minde to let depart or whom he feared might tell tales at Court therefore Master Alexander procured the Warrant following for his repair into England and made use of it for his coming away accordingly To the Lord Deputy of Ireland RIght Trustie and Right Welbeloved Cousin and Counsellour We greet you well Whereas Our Right Trustie and Our Right Welbeloved Cousin and Counselour Thomas Earl of Arundel and Surrey Earl Marshal of England hath especiall occasion for the service and employment of Our Subject Jerome Alexander who is now residing in that Our Kingdom and hath therefore desired Us that he may have Our especial License for his repair hither into Our Realm of England
now Viscount Valentia Sir Frederick Hamilton Knight and others had against him to be heard in the foulest and most palpable and grosse injustice and wrong done them that ever was done or heard of to be done in a Civil Common-wealth and yet could obtain no right or redresse of their injuries but instead of relief were crushed by means of his power and greatnesse And knowing him to be an implacable adversary that never was satisfied without the ruine of him against whom he once conceived a displeasure And Master Alexander therefore not being able to return into Ireland to live upon his estate and having two such good friends at Court as my Lord Coventry the late Lord Keeper and his little Grace of Canterbury and their Faction which stood in the way of his preferment here in England and then not being able to exercise his Profession for the reasons aforesaid the case thus standing with him he took a resolution to travel beyond the Seas and did so where after he had spent some time abroad it so fell out that contrary to all expectation this Parliament was assembled which being sate down and setled he was called home and returned when he found the said Earl of Strafford accused by the Parliament of high treason and therefore committed and his Charge delivered in against him who assisted in making good those Charges what he could in the prosecution thereof to bring him unto justice that scarce ever did any man justice himself in all his life and then Master Alexander also amongst many others then petitioned the Lords in Parliament against him to have been relieved for the great oppressions and injustice which he had sustained at his hands as by the same Petition may appear To the Right Honourable the Lords Spirituall and Temporall in the upper-House of Parliament assembled The Humble Petition of Jerome Alexander Shewing THat the Earl of Strafford conceiving causlesse malice against your Petitioner in or about the moneth of July in the twelfth yeer of his Majesties Reign being then in England and at divers and severall days and times both before and since he expressed the same toward your Petitioner as well by disgracefull and scandalous words and speeches uttered and spoken by him against your Petitioner to sundry Earls Lords and Peers and others His Majesties loving Subjects of all his Hignesse Realms and Dominions with whom he well knew your Petitioner had to do as by his actions and oppressions of your Petitioner both in his good name Profession Fortune and estate whereof your Petitioner had notice being then also in England And whereas your Petitioner purchased an Estate in Fee of divers Lands and Tenements in that His M ties Realm of Ireland from one Ever Magennise and others for which he had paid great sums of money and had as good an Estate thereof conveyed unto him and his Heirs as by Law could be possibly devised or advised by Deeds Inrolled Fines Releases and other like good conveyances and assurances yet after all this the said Magennise was encouraged to Petition the said Earl against your Petitioner to disannull and make void the said Bargain upon scandalous false and feigned surmises in the said Petition suggested Which Petition the said Earl entertained before himself and his Lordship granted out thereupon an Order for your Petitioner presently to appear and answer the said Complaint which your Petitioner did and by his answer cleared himself both by matter of Record and otherwise and therefore prayed to be dismissed from before his Lordship and left to the Law yet would not the said Earl so do but still retained the said Complaint before him and ordered the said Magennise to reply and after granted an order in the nature of an Injunction commanding your Petitioner not to sue the said Magennise in any other Court concerning the premises untill his Lordship should give further order therein And afterwards the said Earl so involved and incumbred your Petitioner with References thereupon and Examination of Witnesses first without Oath before Referrees by his Lordship appointed to hear the businesse and upon oath before the Clerk of the Councell and otherwise that your Petitioner besides the losse of his time and the neglect of his Profession spent great sums of money in his defence and for the cleering of himself and it was a yeers time and more before your Petitioner withall his utmost diligence and best means used could get to be dismissed from before his Lordship in that suite and then not without great importunity of Petitions and otherwise preferred unto his Lordship by your Petitioner for the same and yet thus was your Petitioner onely left unto the Law without any repair for the scandalous matter suggested against your Petitioner and disproved in the proceeding of that Complaint and without dammages for that unjust vexation and in this time the said Magennise became non solvant That when afterwards your Petitioner had recovered against him in an ordinary way of Justice and Legall proceedings the said Magennise was not able to pay and satisfie unto your Petitioner his dammages and losses recovered whereby your Petitioner is damnified 1000 l. That the Earl convented some before him in private with whom he knew your Petitioner had to deal whom he examined of matters to have charged your Petitioner in a criminall way but gaining nothing from them discovered worthy of blame his Lordship shewed himself discontented thereat both against such and your petitioner branding your Petitioner with the name of a skurvey Puritan and threatning both him and the Party that would not be drawn for to accuse him By means whereof and the said Earls further disaffection shewed towards your Petitioner both by words and otherwise others also that did bear ill will against your Petitioner upon every sleight occasion and opportunity were encouraged to traduce and scandalize your Petitioner both publikely and privately without hope of redresse And thus your Petitioner is damnified 2000 l. more That one Philip Fearnesley Esquire wounded and maimed your Petitioner in his face with the stroke of a Candlestick as they were sitting together at Supper at your Petitioners own Table whereby your Petitioner lost much of his bloud and was put in great perill and danger of his life besides what it cost your Petitioner in the cure and recovery of himself Your Petitioner lost also the use of his practise for a whole Terme time together and more by that means For which wrong done unto your Petitioner your Petitioner brought his Action of assault Maism and Battery against the said Fearnesley in His Majesties Court of Chief Place in Ireland where Issue was joyned and a day of Tryall appointed and the Jury returned and summoned accordingly to appear At which time your Petitioner coming to the Bar of the said Court with his Counsell and Witnesses prepared for the said Tryall then and not before the said Fearnsley produced an order signed by the Earl of Strafford