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
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
particulars following 4. By the Lord Keeper Coventry his readinesse to embrace the least hint and occasion offered to charge M. Alexander with this Accusation whereof it hath appeared unto you herein before that he was innocent 5. That upon the first Motion though out of Court his Lordship instantly released Yates who stood fined in Court and was then in custody upon a Censure appearing to have been justly given against him 6. That the said Lord Keeper being the supreme Judge of that Court and in order unto his place directing all Causes in the manner of their proceeding unto Judgment his Lordship gave Rules and Orders in this matter against all the Rules and Orders of that Court. 7. Thus hee irregularly admitted of an Oath in this Cause for to confront an Oath contrary to all practise and the duty of a good Judge for that where an Oath is once received and upon Record in a Court of Justice an other Oath in the Negative hath never been admitted point-blank in opposition to the former The onely Remedy in such Cases being by Bill or Information that all parties concerned may interplead the matter in difference and thereupon right and justice to bee done where the fault is found 8. That where the Accusation hath been once answered upon Oath in the particulers of the Charge it is against the ordinary rules of all Courts of Justice for to re-examine that party again upon those very things to which he hath precisely answered yet did the said Lord Keeper Coventry you see enforce Master Alexander twice to answer that thing over again upon his Oath which he had punctually answered once before nay once publiquely in Court interrogated by himself and after that again by examination of the Judges by him principally directed which was onely done to have drawn from him some guilt if possible whereby to have ruined and undoned him 9. It hath been never seen in any Court of Justice that the party complayning hath been bound up in the matter complained of by the Oath of any Defendant without his own consent yet in this Case Nevill being legally charged with committing of the said offence was received by the said Lord Keeper Coventry for to purge himself upon his Oath without any consent had or sought for of Master Alexander and in an extrajudiciall way also and made use of it afterwards as a testimony upon which to ground the Sentence having nothing more to support it withall 10. In all Bills and Informations exhibited in that Court the Cause being so penall to the party complained against the matter ought to have been set down truely and as precisely as in an Indictment that so the party accused might have certainty to what to answer for if one offence bee charged and another proved in such case there is no ground for to warrant a Sentence nor hath it been seen that any man in any Court whatsoever hath been concluded by generals nor by offences proved which are heterogenia and not of the matter in question for so to judge is to judge parte inandita ultera for if this should be admitted no man possibly could be safe if to be judged for that which he hath been never received to answer yet the said Lord Keeper Coventry admitted of both these proceedings to condemn Master Alexander For first hee received the said _____ Cooke to depose matter in Court against Master Alexander diverse and from the things in question and caused that to bee inserted in the Sentence as convincing testimony which you see is a thing false in it self now it comes to be defended He admitted of divers generals also not proved nor before alleadged to be inserted in the said Sentence as matter of testimony to support it which were farre otherwise in truth and deed then they stand therein urged and pressed and which are so many of them as that in effect the whole Sentence is founded upon nothing else most illegally and unwarrantably 11. Whereas no man after his Answer in Court but is lawfully served with an Order or Processe to joyne issue in the matter controverted or depending and after issue joyned is called by Processe or Order for to appear at a certain day and time to hear judgement pronounced and to make his just defence that so innocence may not suffer if possibly to bee prevented but in this Case of Master Alexanders the said Lord Keeper Coventry proceeds to judgements without doing of either of these and yet to give some colour for this wrong doing and to make quick work of it hee overshadows it with another thing an errour of as high a nature and receives that for a service of Master Alexander to hear judgement which hath appeared to have been no service at all and that in seven dayes time from the day that the Judges certificate was first produced and read in Court and then Resolved upon the first to draw this matter unto a formall hearing it is concluded to be proceeded in is debated and Sentenced and M. Alexander destroyed without defence and what needed all this post-hast if not to have made it onely the advantage of destroying him in his absence In which way they were sure to bring about their ends 12. That upon the matter he directs in the Sentence the Governours of Lincolns-Inne whereof Master Alexander was a Member to expell him the Society fearing lest he should not be otherwise made miserable enough and that they might without that hint or direction by the way have forborn to have proceeded against him with a like severity but by this Weathercock you may see where the Winde blew and that malice when it rageth is without bounds or restraint and now with holy Job Chap. 19.7 I might cry out of wrong but I was not heard I cried out aloud but there was no judgement 13. That the said Lord Keeper Coventry after the question was once stirred never so much as once endeavoured afterwards to support the Sentence given against Yates though upon so good proof appearing in the Books the said Deposition of John Warren being set aside but absolutely dismissed Yates without more ado contrary to the duty of his Place and Office whereby it is further manifest it was not for his love and zeal unto justice but revenge that he herein more aymed at was the cause that he persecuted M. Alexander with so much extremity 14. That he was not ignorant that the crime objected was in it self petty and without consideration in case it had been the Act of M. Alexander as you finde him cleered of it in that which hath gone before and therefore it further sheweth the inveteracy of his rancor and for what cause he was so violent in the persecution of M. Alexander thus unjusty unto Sentence 15. That the said Lord Keeper Coventry was resolved you may see by the excessivenesse and immoderation of the Fine and other things required to be performed by the Sentence to make it
who is the father of Lyes Having thus truth upon my side and being therefore loath to let go a Bird in hand for two in the bush and esteeming a sallet of sowre Herbs with content better than a stalled Oxe Zrch. 8.16 1 Titus 6.5 1.14 Jam. 1.18 Eccles 3.21 22.23 1 Sam. 6.19 with trouble and disquietnesse and having also learned this rule that confidence built upon such incertain grounds most commonly faileth the expectation and that to live farthest from Jupiter was to be safest from thunder the truth is Many great ones in those times being like Bryers and unfruitfull Plants that evermore took something from the fleece that came nighthem living by other mens Ruines as some fishes wax big by devouring of others nay rather than not to be satisfied they would feed upon their own Spawns to fill their Maws the longest robe contracting the greatest soyl power and authority which have great influence being seldome so happy as to be imployed and improved readily for God for not many noble not many mighty are called either to enjoy Salvation in heaven or to do great services on earth which was the reason that our Saviour Christ chose poor fishermen for his Disciples Mat. 5.11 Joh 32.9 Luke 7.22 Jam. 2.5 that could better intend and waite upon his service then the Scribes and Pharisees and great Doctors of the Law But the next news that I heard of him was that when I was to have brought in my Exercise for the bar in Lincolns Inne whereof I was a Member I was required to forbear whereupon tendring a Certificate of my conformity and performance of my Exercises and payment of all Duties in the house as others I desired to have a like equall favour with the rest of my fellows that were at that time called with my self but for a time I was refused without any publike cause or reason shewn unto me for the same then addressing my self to Master William Noye then one of the Benchers of the house a man then in great esteeme and opinion with the people both for his learning and integrity and a great lover of Truth and Justice he told me plainly The cause of this stay proceeded from a message sent to them of the Councell of that house from that Lord Chief Justice that I had injured him in some things for which he desired satisfaction before I were admitted to the Bar and other cause to do this to my remembrance I never gave him then as aforesaid but Master Noye so laboured the matter in my behalf as at last the restraint upon me was taken off and I performed my Exercise and proceeded accordingly And not long afterwards one Edmund Bullocke Esquire an Utter Barrester at Law of the same House and my ancient for some years and my next Neighbour in the Country being grieved at the prosperity which God blessed me withall and thinking that I began to bud too fast in my Profession by the wayes and helps which God afforded me therefore extreamly maligned me used many Scandalous speeches of me behinde my back to my disparagement such as were Actionable thinking to have nipt me in the blossome and for which words I afterwards brought my Action at Law against him whereby he perceiving himself pinched to the quick and faln in danger of a Councell as sure to be overthrown with good dammages to be given me for the words as to suffer in his credit and reputation also that knowing his Masters will yet would offend against it to be beaten with many stripes therefore in the interim before the Tryall he raked up some accusations against me in the Country and thereupon petitioned the then Lord Chiefe Justince Ley to have them heard at the said assizes with my Nisi prius and thus did raise a divertive war an old trick of Machavells to keep his enemy from his own quarters wherein if not to prosper with a victory yet to raise it as a means to accomplish some Propositions of Peace at least and herein he had by the help and countenance of my good friend this Lord Chief Justice that I told you of before who underhand dealt with his brethren and those of mine own Coat and Country for their assistance to Master Bullock in this Action by which means too Master Bullock had the happinesse to be taken notice of more than ever in his life before and to gaine that countenance and respect which for many yeers before he was without and to deviate a little I pray observe this much by the way by this and that which follows it hath been most mens haps that have ever done me wrong when I sought a legall repair at their hands they evermore have found means by the helpe of power and greatnesse to save themselves and be protected and gain also great acquaintance and preferments into the bargaine but it is no wonder for as one star riseth another must fall as one sea floweth another ebbs when Rachel dyeth Benjamin is brought forth amongst men of the same abilities one is many times thought disadvantagious to the other starrs that do agree in light and qualities the smallest suffers losse by the brightnesse of them above as one Tradesmans profit is made lesse by the other that thus I am sure by my fals I have been set for the rising of many the most and greatest of which notwithstanding I have lived to see God Almighty taken revenge upon but to proceed M. Bullock to save his stake was apt to follow any advise might save himself and preferred a Petition to the said then Lord chief Justice Ley against me accordingly as I said before supposing in Generalls many misdemeanours I should have committed in the exercise of my Office of Stewardship and gained a reference upon it unto two Justices of the Peace in the Country and which was in effect giving them power to receive any complaints that should come in against me and the common sort of people being now thereof informed who like tinder are apt to take fire with every Spark were some of them drawn and perswaded for to complain but without cause all which were first prepared in the Country and after appointed to be heard at the same Assizes before the Judges before whom my action against him was also to be tryed and now these Justices of the Peace had made a certificate for the purpose but I must tell you that most of the Justices of the Peace thought themselves to be jolly Judges at that time and ruled the Country as little Kings in their Dominions all was fish that came into their nets and their Warrants flew abroad as Bees in July betwixt party and party and in whatsoever other thing though it were besides their Commission and whereof they had not Cognizance it made no matter if any man assumed the boldnesse to be at Action with them for any such miscarriage or wrong doing they had every one their relations and dependances
to some great Officer or States man here above who put them in Commission to do their turnes that by a Petition at Councell Table or before themselves would convent their adversaries and have their wills of them by hook or by crook and to speak the truth those that guided at the Helm of State and had their designes laid for introducing of an Arbitrary and Tyrannicall Government at that time it was a part of their work to indeer all the Gentry of the Kingdomes unto their side by making them Justices of the Peace and imploying them in Commissions for the Kings occasians and by putting them in Offices and places under his Majesty and themselves the devils great pollicy to offer men the kingdomes of this world to catch them at the last the more for to prepare and fit them for their hands that very few were left uningaged as now we finde it true by too wofull experience how mainly they have obstructed and still do the work of Reformation and if there were any man whom God had blessed with more than an ordinary understanding or with power in his Country and who that for Conscience sake would not be wrought upon to side with that party and run into the same excesse of riot and disorder with themselves such were sure to be opposed oppressed and persecuted every way unto ruine and destruction but to proceed Upon this Certificate of the said referrees this matter was first caused to be called upon in the publike face of the County at the said Assizes and all that Rebell rout and crew which had been so mustred up and gathered together came with open mouth to charge me before that great assembly but the accusations being read and my answers received the Complaints appeared to be so poor and frivolous and so false and scandalous as that my accusers were ashamed of the prosecution and then means was made to the then Lords Justices of Assizes the Lord Chief Justice Ley and Master Justice Dodderidge that they would take up the matter of Difference betwixt Master Bullocke and my self that so my tryall might not go on and proceed against him which upon motion of the Judges I condescended unto and they were pleased to make peace betwixt us And I cannot forget the good Counsell which my Lord Chief Justice Ley gave unto me at that time in his Chamber privately between him and me advising me for the Future to be evermore of the Defensive part which saith he like an hedge-hog will leave thine Adversary nothing but prickles to fight against saying if I should have sought repair and to have righted my self by law of every one that hath done me injury by words and deeds I had had enough to do to right my self and should never have sate in the place where now I sit which from that time you will perceive by that which followeth I have observed as much as possible There was one at this time also that was an Atturney at the Common Law that dieted and lodged in my house who in the course of his practise had omitted to file an Originall Writ for his Client which was in an Action of debt upon an Obligation of 200. l. which Sute being proceeded unto Judgement was afterwards reversed for want of this Writ to warrant the Action and because a sine of twenty shillings was to have been paid for that Writ if it had been sued forth this Atturney was therefore called in question before the then Lord Chiefe Justice of the Common Pleas and the matter mightily pressed as if it had been done by my direction and omitted to be sued forth on purpose to have shared the said fine between us a thing you see but of petty consideration yet if it could have been made good against me an Information was threatned to have been preferred against me into the Court of Star-Chamber but when it was fully examined and perceived that I had nothing to do with it presently he was let alone and nothing done unto him afterwards for it who at first was threatned with Imprisonment if not to confesse me guilty with himself yet for this supposition of an Offence I was bound over from time to time from place to place and vexed to the uttermost and after quit without any reparation Then as men that shear Hoggs you see unto this time here was a great cry but little wooll yet this advantaged Master Bullock in that he sought for at the Assizes but never wrought that upon him which he was enjoyned unto by the Judges a perfect reconciliation that we should have lived in Peace and good Neighbour-hood together for the time then to come but the old Proverb was herein verified The Devil being sick the Devil a Monk would be But the Devil being well the Devill a Monk was he For the Sceane being ended and the fetters taken off the man was no more a prisoner and there was nothing that came in his way afterwards that concerned me wherein he could do me a discourtesie I may say a mischiefe but he imbraced the opportunity as a mercy with much gladnesse of heart which I mention not that he had power or meanes to do me very much hurt but to let you see this other Proverb herein fulfilled also That a reconciled enemy is never after to be trusted for the poyson will remaine untill the beast be killed and therefore beasts of prey that are by nature ravenous and not to be reclaimed we kill as Foxes we knock on the head onely to beasts of pleasure we give Laws as to Deer and Hares c. For Serpents onely begets Serpents and in that businesse between Yates and me the occasion of the ensuing discourse as Coppingers Bitch that albeit she could not turn the Hare yet did her good will so he was not wanting in doing his uttermost to promote that sentence unto what it is brought as many sticks as he was able to bear unto that fire and in the interim whiles this game was thus a playing whereof you shall understand more in the sequell of the Story I had severall other attempts made upon me to destroy me and not by any men of mean and Ordinary Rank and quality but of the greatest alwayes and evermore and most especially by those of mine own profession too and yet by my own Countrymen more peculiarly amongst the rest of which I could never yet apprehend any reason unto my self but this Obsequium amicos veritas odium parit for to my knowledge I never administred any just occasion of exception to any man if not occasio accepta non data and as I have spent my years in trouble ever since I came into the world so it hath gained me much experience I must confesse and justly warned me to be still upon my guard but commonly he is accounted a pestilent fellow that lives out of the length of his enemies sleeve when 't is but sit for him not to trust
their whole proccedings either before or after But to proceed with the Sentence 3. But upon the rising of the Court that day the Sollicitour of the said Defendant Yates which was M. Fountain the Lawyer now with the King and which made him be presently called to the Bar and thereupon made my Lord Keeper Coventries favourite ever afterwards shewed to the Right Honour able the said Lord Keeper the Paper-copie of the said John Warrens Deposition which the said Defendant had out of this Court wherein the said words that and did were fair written and stood in the said Deposition to the 39 Interrogatory without blotting defacing or inter lineation wherewith it plainly appeared to his Lordship the said Deposition to be but upon hearsay Sent. fol. 2. This needs little other Answer then what hath preceded That it cannot be presumed that Master Alexander would do such an act which both the Paper-copies of the Defendants Depositions and the Record it self must infallibly have controlled in Court as it did Besides it had been a sottishnesse and stupidity in Master Alexander to have done this act which for the reasons aforesaid could in no measure have turned to his advantage which being carried along to the end of the Case will make it luce elarior it was na opportunity purposely taken to destroy him for which there had been many attempts made and plots laid before and the good God that hath been evermore his Deliverer delivered him out of those also though evermore upon the pits brink that he might look up to his Defender and foresee the like dangers and avoid them which as this case was was not possible for him to do but by that which followed upon it it proved a greater mercy though intended to him for a misery and his destruction which is neither proper for and would be too long to relate in this Discourse Again it is not denied but that a mark weas made in the margent of that Paper-copie like an hand or finger pointing to the words intimating something to be done concerning them which no man in his wits would have made in that place if he had intrended to have made use of it for an advantage by obscuring it at the hearing Besides Master Alexander well understood the course of that Court and of all Courts of Justice that the said Deposition must be publikely read in the face and view of all the Officers of the Court and therefore not possible to be concealed from discovery And the practice of that Court and of all Courts of equity is that both parties having like copies of the same Depositions it is the constant practice of the Attorneys of both Parties Plaintiffs and Defendants that whiles the one reads unto the Court the other observes what he reads out of his own copie to prevent mistakings and thus to bring just things certainly into Judgement Nay if it had not been a thing plotted and reserved meerly for the means of Master Alexanders ruine Why did not Master Jones his own Attorney in reading it unto the Court make that observation thereof as it was his duty to have done when he came unto the place And if the Proverb be true in any thing that To excuse is to accuse it was never more rightly verified then in this for that it doth appear by the very Sentence it self that Master Jones desired of the Court that he might be sworn to purge and clear himself in the busines when he was not then at all charged with any wrong doing And why should Master Hooker the said Defendants Attorney who had made so fair a Bill of Costs as before in his Clients behalf now put himself further to be examined also in the matter so differing from all the rules of that Court whereof sure he could not be ignorant and was not so candid for him of all the rest to have been done being the Defendant Attorney and therefore should rather have forborn to have medled in it if to have avoided all suspicion of partiality And as it is altogether improbable to have been done by Master Alexander so if it had been done by him as it was not yet was it not a matter so criminous and capitall as that it deserved a Censure in it self For first of all it was but the Paper-copie of a Record which Master Alexander might have burned rased defaced interlined written in and done with it what he pleased without offence and he doth appeal to all that are of that Profession if daily and hourly they do not so use their Clients Paper-copies of Depositions by drawing lines and crosses and writing in them and yet was it never heard that any man before Master Alexander hath been questioned for any such doing in case he had done it But some men had better steal a horse then another man look over the hedge Again Paper-copies of all Records when they are produced as Evidences at any hearings and trialls of causes are no further credited and authentick then they stand clear and unsuspected and that this clearnesse to be made appear for before they be made use of commonly they are first deposed to be true copies of such Records whereof they are copies which shews them to be of no force nor to be used untill they be thus justified in themselves and if at any time they passe for currant without this attestation in those Courts where they are Records it is because they seem to be warranted to be truely copied under the hands of their own Clerks and Officers still and sent in Court with the Record thereof and which are sworn to be faithfull in their proceedings and still ready with the same Records to justifie the same upon all occasions In whom then was the offence to reade and make use of such a Paper copie which was in any thing suspicious and how frequent a thing is it in the course of practice of oftentimes to meet with suspected Records and with like Depositions and Evidences which if the party justifies not or is not able to make good are onely rejected and set aside without more ado and made no use of And if the same Deposition upon question had been justified by Master Alexander for aright copie he had been worthy of censure but you see there is no such thing in this Case nothing made appear that he ever did or desired to make use of it his counsel onely called to have that Deposition read which they might have omitted had they pleased there being other testimony sufficient besides to have proved that Charge And again if Master Alexander had been guilty of the doing it as he was not yet it is not a thng censurable The common-Law doth punish offences of this nature no otherwise then with the losse of the benefit of that thing thus altered or which might have accrued to the party by it in case it had not been altered for whatsoever Obligations or other Deeds which by any
misfeazances ex post facto become void as by interlineation addition rasure or drawing a pen thorow the midst of a word by these ways such Deeds are all become void but no other punishment inflicted by the Law for these transgressions but with the losse of the fruit and benefit of such Deeds which is punishment sufficient of it self and for to adde another affliction were against a Rule of Law viz. to punish a man double for one and the same offence as in Matthewson and Lideats Case in the Lord Cooks fifth Reports fol. 25. Whelpdales Case in the fifth Reports and Pigots Case in the eleventh Reports fol. 27. where there are any other yeer-Books put for confirmation of this truth and to prove the Law to be thus in his Case And the Court of Star-Chamber have accustomedly followed and imitated the Rule of the common-Law in like cases and against whom Bills have been preferred there for like offences the parties complained against have been dismissed though the offences proved as in the Cases before cited of Allen and others So that in this case the Peitioners Dismission and losse of that Testimony had been the usuall punishment but the losse of the fruit and benefit of his Suit had been too much but to be censured for this as an offence in him without proof of guilt is without President or Example 4. HIs Lordship thereupon acquainted the honourable Presence therewith in the iuner-Chamber and with all their Lordships consents respited the Entry of the said Sentence and ordered that the originall Deposition should be brought into the Court the next sitting-day to be perused seen and viewed by all their Lordships and thereupon to give their Order and Sentence and in the mean time the said yates was set at liberty and discharged of his Imprisonment Presently whereupon the Paper-copie of the said Warrens Deposition being obtained by Master Jones being Attorney for the said Alexander in that Cause from his the said Alexanders Clerk that carried his Books was forthwith shewed by the said Master Jones to the Right honourable the Lord Keeper and the other Lords then present wherein the said two words the and did were defaced and blotted out of the said John Warrens Deposition to the 39 Interrogatory which had been openly read in Court and misled the Court to sentence as aforesaid and by that means the Deposition was made positive and absolute as of his ownknowledge whereas by by the said Defendants copie of the said Deposition first shewed to his Lordship with the words that and did fair written therein was upon hear say fol. 3. This part of the Sentence being but a repetition of much of this matter alleadged in it before hath received an Answer onely my Lord Keeper Coventry his forwardnesse to charge Master Alexander and to discharge Yates is observable and that albeit Yates were sentenced by Order of Court and in custodie yet out of Court he caused him presently to be discharged upon this bare Allegation without ever calling or hearing Master Attorney-Generall or any the Kings Councell or Master Alexanders counsel what could be said more for the King to maintain the Sentence And you shall not afterwards finde thorowout the whole carriage of the businesse that the Lord Coventry did ever so much as move any thing for the King or against Yates but presently dismissed him and the other Defendants with 100 l. costs and with such a manifestation of their clearnesse as if they had been the most innocent men alive when the contrary cleerly appeareth in the Books as before and so the Register of the Court in drawing up the Order of Dismission clears the Defendants and asperseth Master Alexander what he can And Master Jones Master Alexanders own Attorney labours what possible he can to lay this as a fault upon Master Alexander but did never any thing of his Duty for the King or for his Client all the Officers of the Court drawing in a line together and making way to destroy Master Alexander by the Sentence to follow which they were resolved upon from the first as these things do manifest and make it to appear And by this the misleading in the Case doth appear to be on that side when thus against all right and rule and all ordinary and common respect whatsoever much more to have been used towards a man of the same Profession whose credit his Lordship therefore should have the rather endeavoured to have preserved then in the very Bud of his coming forth into the world to have nipt him off and crusht him to pieces preferring the condition of a company of poor and base Mechanicall wretches not worthy his knowledge before Master Alexander with whose Breeding he was well acquainted to have had the same foundation and beginning as himself and with as good hopes to have attained the end of his Profession as any other of his time had not he determined that expectation by this his unjust proceeding against him 5. SHortly afterwards viz. before two of the clock that afternoon the said Alexander came to Grays Inne to the said Master Jones his chamber there and then and there in the presence and hearing of Master Hooker one other of the Attorneys of this honourable Court in great perplexity as it then seemed fell into sime passions saying what an unfortunate man am I what will become of me an then being demanded by Master Hooker and Master Jones Of whom he had or received his copies of the said Depositions whereof that was one answered He could not tell whether he received it from the Examiner or from Henry Nevile Master Jones his Clerk with many bitter and heavie imprecations and oaths vowing and protesting he knew not of the blotting out of the those words or altering the copie and the copies were as he first received them Whereupon the said Alexander Master Jones and Master Hookr went all together unto the Examiners Studie of this Court to see the Record of the Originall Deposition of the said John Warrne to the said 39 Interrogatory on his part which being shewed unto them by the Examiner the Record was fair and plain with the words that and did therein written with the hand writing of Master Gay the Examiner who died in August last Hereupon the said Alexander used the like speeches as before he had done in Master Jones his Studie and so departed Fol. 3. Be pleased to observe that all this interlocutory-Discourse is but a bare repetition of this Conference without proof or confession and therefore unwarrantably entred into the Sentence and against all the rules of proceeding in any Courts of Justice whatsoever Howsoever it shews thus much in the first place that when such things as these were suffered to be stufft into the Sentence and to passe for currant tending to the utter ruine of a man Who could withstand distruction being in the hands of such adversaries and who will not conclude of the injustice that was
done him The truth is Master Alexander went then to Jones his Studie in Grays-Inne being his Attorney thinking to have had the Sentence drawn up against Yates not suspecting any such action to have fallen out in the interim after the hearing of the Cause where he found these two Attorneys Jones and Hooker together consulting as it doth seem by the sequel of their actions how they might fasten this miscarriage upon Master Alexander and Master Alexander desiring to have the Sentence drawn up against Yates they told him It could not be and then expressed the Reason which as it was sudden and unexpected so it could not but drive him into wonder and admiration which rather expressed his innocence then any ways declared his guilt to which purpose they endeavour to wrest it And the Books and Breviats having lien above three yeers before ready and prepared for the hearing unseen by Master Alexander to that time for nevile his Sollicitour had them in his custodie a long time together before the hearing and managed them in Court and whether the Charge be true or false Master Alexander must onely take it upon their credit for he was never admitted to see the Book in which this Charge is mentioned to be done to this hour albeit he hath diversly endeavoured for to attain that favour and justice Nor maketh it for their purpose if his Answers were doubtfull to their Question of whom he had the Books for the memory is not always so trusty and ready that upon such a sudden surprisall it can resolve the Demand it must be a work of Recollection that pofitively determines of things so long before-hand acted Nor was it materiall from thomsoever the Books were received and in that time of necessity they must passe many times from hand to hand to make such preparation out of them as were fit to be made use of by Counsel and other2ise at the hearing all which was done immediately after publication above three yeers then before But the matter was Who committed that offence which Jones and Hooker were thus conspiring together how to fix upon Master Alexander and therefore laboured to entrap and entangle him in his talk which no fair practiser I had almost said No honest man would have endeavoured against his Client nor no Attorney that had respected his credit where his credit was no more concerned in it then Master Hookers Then as for their going all together into the Examiners Studie to view the Record if it were so shews that all parties were doubtfull how the Deposition stood What inference can be then drawn from thence by any in different judgement in the least therfore to suspect Master Alexander guilty of this Accusation but serves to excuse him rather that thus laboured to be truely informed the first how it should come about and that Master Alexanders first vows and imprecations as they are pleased to call them passing in their discourse together when they thus lay in wait to have intangled him in that conference if to be so as they alleadged which was never confessed or proved by them and that matter which Master Alexander hath at severall times declared upon his Oath for his own acquittall are not so contradictory diverse or usefull to their cause that any thing can be drawn from thence to make good the charge against him And when that Point shall come to be cleared which is further contained in the Sentence concerning it and which Master Hooker hath deposed Master Alexander shall give it a satisfactory answer The Spirits of the men too may be observed in this their Relation towards Master Alexander how far they are transported even with contempt to his person and quality standing in an equall degree with them every way both in Birth and Fortune that hath no so much addition given him by them as is due to a Gentleman whiles themselves are carried thorow with additions that become men of rank and estimation 6. YEt afterwards the said Alexander desirous and plotting how to excuse himself of defacing and blotting out of the said two words that and did out of the copie of the said Deposition and to lay and fix it upon the said Henry Nevile one of Master Jones his Clerks on the morrow after being the 26 day of October last came into the Star-Chamber-Office in Grays Inne and before Matthew Goad Esquire Deputy-Clerk of this Court being sworn upon the holy Euangelist did make a voluntary Oath and Affidavit That he having retained Master Jones for his Attorney and Henry Nevile to take care and sollicite his said Suit and the Cause coming to publication the said Nevile undertook to procure for him the said Alexander the copies of the said Depositions taken in that Cause and for that purpose not onely receivedy the Fees and Duties for such copies as he had procured for him the said Alexander but likewise had extraordinary reward and satisfaction for his pains therein and that he said Nevile went with him the said Alexander to the Examiner Office of this Court and there procured other copies of Depositions belonging to this Cause which were delivered to the said Alexander in the presence of the said Nevile amongst which was contained the Deposition of the said John Warren That done he repaired with the said Books to Master Hudson being of his Counsel to be advised and to peruse the same Depositions All which Depositions being perused accordingly aswell of the said John Warrne as to the rest and his said Counsel concerning the said John Warrens Deposition to the 39 Interrogatory to be something doubtfull he made a mark in the margin thereof and wished the said Alexander for his better satisfaction to go and get the same examined in the Office to see if the same Deposition were truely copied And that accordingly the said Alexander repaired therewith to the said Nevile and informed him what his Counsel had directed for examining the copie and the said Nevile took the said Deposition of the said Alexander and carried it to the said Examiners Office but the Examiner not being within the said Alexander did leave the said copie of the said Deposition with the said Nevile to be examined promising him satisfaction and content for his pains And shortly after the said Alexander called unto the said Nevile for the same who told him that he had examined the said Warrens Deposition in that point with the original and that he had then made it to agree with the Record and so delivered the same back again to the said Alexander with the two words that and did rased out in the said John Warrens Deposition as now it was in the said copie and after that the said Alexander protested upon his salvation That the said sever all words that and did were in the said Warrens Deposition fair written when he delivered the same into Neviles hand and that the said words were rased and blotted as they then were when he received the
been to finde out that thing which in the Sentence is alleadged to have been publikely confessed by Master Alexander in Court before But there was more in it then so they might not relie upon this reed and therefore proceeded further to muster up and gather together what they were able to make some colour at least for a Sentence for they saw all this would not do nor serve the turn there was yet but an inclination to think Master Alexander guilty of doing this thing albeit as much now had been done and that which was done had been canvased as thorowly as was possible in Court to gain a belief and opinion of his guiltinesse But to proceed 10. BUt for that the said Alexander was neither himself in this Honourable Court in person neither had any counsel to speak for him the Court therefore did forbear to give any finall Sentence or Decree therein that day but gave the said Alexander time untill the next Sitting-day to shew cause fi any he had by his counsel or otherwise why the Court should not proceed to Sentence against him for that misdemeanour or in default thereof the Court intended to sentence the next sitting-day at which time the said Alexander was ordered to be present at the Bar in person Fol. 5. in the Sentence Surely no Justicers will give a judgement against any man before they be resolved And all this while appears that some of those Judges were not satisfied that Master Alexander was guilty of any such wrong doing as was laid unto his charge and therefore gave this further time which otherwise they would not have done By this also you may pereceive into what a sad condition and strait Master Alexander was driven that having the supreme Judge and Officers of the Court for his adversaries he could procure no counsel that durst to speak or move in his cause though never so just so were men over-awed or related one unto another in those days that Justice had not his current and free passage especially in that Court and that man must be sacrificed unto ruine upon whom the indignation and displeasure of any such as Master Alexanders adversaries fell And when he that would not comply with the times ti being in any way that might hinder their designes it was cause enough to destroy him And what could Master Alexander now expect but destruction when that thing whatsoever he spake for the justifying of himself had a contrary sense and interpretation put upon it and was inverted to his prejudice Counsel none would nay durst not as they told me once to speak in it for when at first they did a little offer some things cooly and faintly in Master Alexanders behalf and put for triall how it would be relished and received they found it passed by in silence if materiall or themselves dis-regarded for the motion And what wise man will engage himself in such a quarrell where whosoever speeds he is sure to get blowes for his recompence Howsoever it was fairly offered had it been accordingly pursued that Master Alexander should at least have notice of their intentions that they were resolved to proceed to sentence him and that he should be present at the Bar in person to hear his condemnation But now it was well understood by Nevile that Master Alexander was before this time gone out of Town into the Countrey neer an hundred miles from London to search for Letters which he had formerly received of his about the businesse in which he hoped to finde his acknowledgement of doing this thing in manner as Master Alexander had alleadged for which reason all their Forces are set on work for to procure this Sentence in his absence and to raise that as one argument of guilt which was intended to have made his more clear Defence and this he taketh God to witnesse was the originall cause of his leaving the Town after that he had once cleared himself again before the Judges thinking it impossible in his own understanding and so conceived by others of better judgement then his that any such thing as a Sentence could have been once thought upon to have been given against him as his case stood 11. NOw this day was read in open Court an Affidavit of Charles Bagshaw Gent. that he had done his best endeavour to serve the said Jerome Alexander with the said Order and to give him notice thereof for which purpose he had sought him at his Chamber at Lincolns Inne and given unto his Boy or Clerk whom he found in the said Chamber a true copie of the said Order And the said Nevile himself offering to be deposed That he did at the late Lord Chief Justices give the said Alexander himself warning to attend the Court at his peril All which notwithstanding the said Alexander made default and had withdrawn himself as was now informed to this honourable Court Fol. 5. in the Sentence In this it is observable as a Ground That in all Courts of Justice whatsoever the Rule is That no man ought to be condemned or to have judgement given against him for any matter depending in any Court of Judicature but the Order or Processe of that Court is first to issue to give him timely notice of the resolution of the Judges of those Courts to proceed to Judgement at some certain time prefixed that so no man may be overtaken uprovided or without making his just Defence except such party as after notice shall wilfully absent or not provide by counsel or otherwise for to justifie himself in his proceedings and without this many an innocent man would be undone And in case where neither the partie by himself or by his Counsel shall appear to defend himself after such notice and that the warning doth sufficiently appear unto that Court to have been given him according to direction that there be no delay in justice the Court will proceed to judgement without him yet with such caution as if possible they will not do him injustice for his contumacy therein nor will wrong their consciences in the Judgement but will try out the truth howsoever by all means for whatsoever lies before them and therefore in such cases of absence they hear all such Answers Depositions of Witnesses and other matters of Record lying before them to be read which before that time the party hath made for his Defence or that he hath alleadged for maintenance of any Charge in such an Action or Proceeding and will in such case be much more wary and circumspect to promote the truth of whatsoever side it is appearing within the Books then if such party had been present for Judges sit not to side and make parties or to take opportunities to revenge themselves but for to do justice and judgement truely and impartially for justice sake without the respect of persons But then see if Master Alexander have received this measure of justice in this matter concerning him An Order of notice for
a hearing hath been made and that was well but that this was shewn to Master Alexander or that Master Alexander had notice of this Order doth in no sort appear Nor had he any notice thereof for first Bagshaws Oath reacheth no further then unto an Endeavour of service he swears nothing positively to satisfie the Court that it weas done And for what Nevile offered for notice as it is far from truth so also it is so far out of the way of a legal notice as it appears both to be false in it self appearing out of the very Sentence and in no sort to have been credited or believed in case it had been true for this Reason Because it was not delivered upon Oath for a Record against which Master Alexander might have taken his remedy for the falsity of it being untrue But that it is grosly false be pleased to observe Nevile offereth to depose What That he did at the then late Lord Chief Justices give the Petitioner himself wearning to attend the Court at his peril First this must of necessity be in time whiles the Judges were upon their Examinations of the businesse and before they made their return into Court and that was long before this Order was made for this appears to be made at a time afterwards when the said Judges Certificate was returned and had been debated in Court and for that Master Alexander then had not appeared by himself or counsel to make any Defence as the Sentence it self sheweth and therefore at the meeting before the Judges at the late Lord chief Justices Chamber Nevile had no reason nor colour to give any such warning to appear upon an Order that was not then conceived nor was there then any cause appearing for the making of any such Order nor for some time afterwards was it made as is remembred before Besides there was little reason for to credit his Report in his own Cause that stood a visible Delinquent unto the Court and nothing to purge himself thereof but his own Oath admitted against all the Rules of justice and ordinary proceedings in Courts of justice whatsoever So that Master Alexander is condemned without Defence And for Bagshaws Affidvait that it was little to the purpose be pleased to cast your eye upon it as it consisteth in all the parts thereof together In Camera Stell decimo quarto die Novembris Anno secundo Car. Regis CHarles Bagshaw of Barnards-Inne London Gent. aged about thirty seven yeers sworn saith That where by an Order of this honourable Court of the 10 of this instant November day is given to Jerome Alexander Esquire till the next Sitting-day to shew cause by his counsel or otherwise why the Court should not proceed to sentence against him and that he the said Alexander should be present at the Bar in person Now this Examinate saith That on the thirteenth day of this instant November this Examinate did repair to the Chamber of the said Master Alexander in Lincolns-Inne and there knocked at the door but no answer being made this Examinate walked a little aside Within a short space the door was opened and a young man or youth coming out and looking about as it seemed to see who it was that knocked Which this Examinate seeing did ask the young man or youth if he were not Master Alexanders Clerk or man and where his Master was who then confessed that the said Master Alexander was his Master but that his said Master was not within neither could he tell where his Master was And then Henry Nevile Clerk to Master Jones one of the Attorneys of this Court came into the Chamber and asked the said Alexanders Clerk for his Master who returning the like answer as he had done to this Examinate Whereupon the said Henry Nevile delivered a copie of the said Order to the said Master Alexanders man willing him to give his Master present knowledge thereof which he said he would do assoon as he did see him And this Examinate is perswaded that the said Alexander hath had knowledge of the said Order his man faithfully promising to deliver it so soon as he could Both this Examinate and the said Henry Nevile charged him so to do and telling him how much it concerned his Master to take notice thereof Jo. Arthur Dep. Ep. per Aylewry Thomas Talbot of London Gent. doth depose That this writing is a true copie of the Affidavit therein mentioned examined by the original Record by me the said Thomas Talbot Jurat 5 die Maii 1642. Ro. Riche This Affdavit how cunningly soever penned by Master Nevile and that he hath carried himself in it yet is no good service of the said Order as hath been observed before for Nevile well knew Master Alexander was at this time and above a week before out of Town when he went with Bagshaw to make this service upon the said Order to Lincolns-Inne And in all cases of this nature where a like Order or Processe is served to cause any to appear to hear Judgement it ought to be first made clear unto the Court that the party to be served if possible hath had personall notice before they proceed to sentence it being so penall as aforesaid And if it be not a personall service made yet then that there be such a service made appearing unto the Court as by infallible consequence the party must have had knowledge of it in convenient time to prepare himself for his Defence for in matters of giving judgement it is not as in other ordinary Cases of serving Processe to answer Bills or interlocutory-Orders where if by a mistake or pressing the service beyond the truth the party fall into a contempt of this he may purge himself upon his Oath upon Interrogatories according to the usuall course and so be set Rectus in Curia again and have repair made him without detriment to his Cause But where Judgements or Sentences are to be given either in the Courts of common-Law or Equity or Star-Chamber there if for want of notice or that upon a false service of Processe presented to the Court the Court proceed to give judgement against the party there is no such Remedy to be had nothing but a Writ of Errour or Bill of review or reversall of such Judgement or Sentence can restore the the party again to what he hath thus lost or shall suffer by it and such Judgement or Sentence may possibly in such cases be so legally founded that they cannot be avoided by any such way neither and yet such parties may possibly have had such matter of fact to have shewn for themselves upon those hearings if they had been heard as would have acquitted them The service of this Order by Bagshawe you see what it is His repair to Master Alexanders Chamber unto Lincolns-Inne where Master Alexander was not and who will be deposed that he was gone out of Town about his occasions aforesaid above a week before in the Countrey
And though it be commonly presumed a man will be for the most part at his own house which is his Castle for to manage his estate and to provide for his family there is no such intendment or necessity of a mans being at his chamber in another place remote from his dwelling-house as this was neer 100 miles distant and therefore the leaving of this Order in a case so penall at his chamber here in London where he was tied to no constant residence but might stay and be gone again at his pleasure without precise proof of his being there and personall notice before the hearing was no such service of that Order as did warrant that Court to proceed to Judgment against him in his absence and without defence Again observe albeit in the Setence it be expressed that a copie of this Order was left with Master Alexanders Boy or Clerk at his chamber at Lincolns-Inne yet the Affidavit of Bagshaw says not so for he swears onely He gave it to a young man or youth of whom he enquired if he were not Master Alexanders Clerk or man and where his Master was who then confessed that Master Alexander was his Master but that his said Master was not within neither could he tell where he was But his saying so doth not make him so if in truth he were not so and all this doth not prove him to be so So t is clear Bagshawe knew him not to be Master Alexanders Clerk or man and Master Alexander had more chamber-fellows that had Clerks and men then in Town to whom it was certainly delivered by some willing mistake to make thus much of it in colour for the hearing And what Nevile delivered who was this Bagshaws setter was still but to this mistaken Clerk or man and therefore no whit to have been regarded for such a service Nor was it Bagshaws belief of notice nor Neviles charge to that Clerk or man to deliver the said copie of the said Order to Master Alexander that therefore concluded He had notice or that it was delivered unto him accordingly as it was not And if it had been Master Alexanders Clerk or man Nevile knew him and his name for Master Jones saith He attended with the Books at the hearing of the cause against Yates and that he took the said Deposition of John Warrens for him and shewed it to the Lord Keeper Coventry Other Clerk or man Master Alexander had not and if it had been he Nevile would have caused him to have been named for he had a Christian-name and Sir-name but was not then in Town as Master Alexander believeth So it is likely they set up a man of straw and killed him when they had done either feigned the being of some such man or Clerk there that was not or delivered the same to some man or Clerk that was no man or Clerk of Master Alexanders and by a willing mistake made this use of it to condemn him in his absence Howsoever it was no good service in it self for the reasons aforesaid and the Court was abused by inserting in the Sentence either what Nevile voluntarily affirmed clean from the matter and that Bagshaw should depose that the copie of the said Order was left with Master Alexanders Clerk or man which he did not swear at all And of necessity must Master Alexander make default at the hearing when he was so long before gone out of Town and had no manner of notice nor could have notice possibly of the said intended hearing And for his withdrawing himself you have heard the occasion and when and therefore no ways worthy of blame or that any use ought to have been made of it to his so great disadvantage 12. WHereupon was read again in open Court the said Alexanders Affidavit and the said Certificate of the said Lord Chief Justice and Master Justice Dodderidge Upon the reading whereof and opening of all the parts and points thereof by Sir John Finch Knight and Sir Heneage Finch Knight Recorder of London both of counsel with the said Henry Nevile who was present in Court himself to stand to justice it plainly appeared to this most honourable Court as well by divers apparent contrarieties between the said Alexanders Affidavit before mentioned and his Examination taken upon his Oath before the Judges as by divers other pregnant reasons and circumstances conducing to prove him guilty of this great offence Fol. 5. in the Sentence Master Alexander doth appeal herein to all practisers in these Courts if in their whole times of their practice they have never known any man to be fined upon such Generalls which imply no certainty of any thing For to say it was so because it is related that it was so in the Sentence without shewing wherein or how I believe is a President without Example to convict any man of such a crime But that this is a false Allegation as you have heard the full effect of Master Alexanders Affidavit recited almost Verbatim in the Sentence before so now be pleased to read the same Certificate which followeth in haec verba In Camera Stell 7 die Novembris anno 1626. secundo Caroli Regis The Certificate of Sir Randal Crew Knight Lord chief Justice of his Majesties Bench and Sir John Dodderidge Knight of the Justices of his Majesties said Bench between Jerome Alexander and Henry Nevile ACcording to an Order of this honourable Court of the 27 of October last we have examined the parties concerning the blotting out of two words in the Deposition of one John Warren viz. that and did being for the advantage of the Plaintiff Alexander And we have likewise examined Master Hooker one of the Attorneys of this Court Gay the Examiner that took the Examination and Wright the Clerk that wrote them being both dead Nevile denieth the altering of Warrens Deposition and saith He never saw it from the time it was first taken out till it was read in Court He denieth that either he or any other to his knowledge did alter the same and that he never examined the copie with the Original neither did the Plaintiff ever leave the same with Nevile to be examined He denieth the having of any Reward for Examination thereof for he was never required to examine the same Alexander denieth expresly the alteration of Warrens Deposition or that it was done by him or by any other by his procurement He saith He went to Master Hudson to peruse his Depositions being of Counsel with him And that the Deposition of John Warren when Master Hudson perused the same was without any blotting or alteration and that the two words that and did were then fair in the same copie not scored nor blotted And Master Hudson told him upon perusall of the same That it was but upon hearsay and made not for him Whereupon this Examinate told him That divers were present at an Arbitrement intended when it was spoken precisely by Robert Warren and not by
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
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
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
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
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