A Breviate of a Sentence given AGAINST JEROME ALEXANDER Esquire, An Utter Barrister of Lincolns-Inne, In the Court of Star-Chamber, the 17th day of November, in the second year of the Reign of our Sovereign Lord King Charles, of England, Scotland, France, and Ireland, etc. With Exceptions taken to the said Sentence, to unfold the Iniquity thereof. With a short Narrative of divers other passages and Oppressions, wherewith he hath been also grieved in other times of his life, both before and since. Printed for the Satisfaction of his Friends, against those many Calumnies and aspersions raised thereupon to blemish him in their opinion, and in the opinion of all others with whom he hath to do. PSALM. 118.6, 7, 8, 9 The Lord is on my side, I will not fear what man can do unto me, the Lord taketh my part with them that help me, therefore shall I see my desire upon them that hate me; It is better to trust in the Lord then to put any confidence in man; it is better to trust in the Lord then to put any confidence in Princes. PSAL. 9.13, 14. Have mercy then upon me O Lord, consider my trouble which I suffer of them that hate me, thou that liftest me up from the gates of death; that I may show forth all thy praise, in the gates of the daughter of Zion. LONDON, Printed Anno Dom. 1644. To the Reader. A Working Vessel is saved from breaking by a vent; a heart oppressed with sorrows eased, when it hath revealed its discontents: I have long laboured under many afflictions and oppressions, and to this hour could yet never find Justice at leisure to examine my Complaint; the vinegar of which delay, hath been as ill to me, as the injustice which I have received: whiles thus my Calamities have been prolonged, increased too by common Fame, and though in this time my innocence hath cleared the main debt; yet have I been undone, with the Arrearages of the suspicion, which is an arrow of slander, that pierceth the inward parts, men being apt to believe Relations as they come to them; that a good man oftentimes may deliver untruths by here-say, from the credit of one he trusteth, and thereby wrong the reputation of him he knows not, and the innocent thus many times may suffer reproach undeservedly: For the satisfaction therefore of my acquaintance, I have Printed this Map of my misery, until the time shall come, that my cause may be rightly judged, Psa. 105.19, 20. and that in the interim I may not lie under the guilt of those slanders wherewith I have been blemished, choosing rather that my enemy should eat my heart, than a friend should grieve it, as it is much better to die of the meat one liketh not, then to surfeit of the meat one loves, a man is not therefore unworthy because he hath had disasters follow him at the heels, for the whistling whirlwind must blow before Elias be rapt up to heaven: great and mighty fishes, are not bred in small and sweet waters, but in the Salt-sea; as brave Spirits by difficult attempts, become victorious; a fruitful tree, though the bark be bitter, yet the fruit is sweet, though a man may seem harsh in the more strict performance of his duty, yet is it profitable to the public, nor shall you ever find any cudgels thrown at an Apple tree, that bears only leaves; no man was ever envied for evil, 'tis virtue that hath so many enemies, for a bad man is to himself the worst, and needs no other enemy to undo him, than his own desires; as Midas made his Idol become his ruin, thus we hate the Foxes advise though never so current, the Wolf's skin doth detect his Counsel, in persons faulty we suspect truth; and therefore it was observed of Aristides that he was wont to propose such advices as he knew did conduce unto the Public weal by some other men, and not from himself, lest Themistocles out of hatred of his person, should have with stood and impedimented a general good: as a fire made of green wood, which is fed with it as fuel, but quenched with it as 'tis green; and thus when the Murtle tree will quickly rot, the Sethim wood cannot be eat with worms; the Saphire will not crack, when the flint is quickly shivered in pieces: when the evil man like him in the Philosopher, who thought where ever he went that he saw his own picture walk before him; unto a wise man you can do no wrong, who like a good soldier will keep his rank; receive with thanks whatsoever falls, that which is constant we say doth pass for excelten, 'tis true in the use of good things, as it is in sufferings for the truth; for thus the malice and venom of an enemy too may by wisdom be converted into a medicine, and by managing become a benefit, which was by him intended for an injury, or to use the similitude of Plutarch, as healthy and strong beasts do eat and concoct Serpents, whereas weak stomaches do nauseate at delicates, so wise men do exceedingly profit by the hatred of their enemies, whereas fools are corrupted with the love of their friends, and an injury doth one man more good, than a courtesy doth another, as wind and thunder, when they trouble the air, do withal purge it, whereas a long Calm doth dispose it unto putrefaction, the same whetstone that takes from a weapon doth likewise give it an edge, 1 Sam. 13.30. and sharpens it, as the Israelites when there was no Smith amongst them, 1 Sam. 13.30. did sharpen their instruments with the Philistims; so an enemy serves to quicken and put an edge upon those virtues which by lying unexercised may contract rust and dulness, and many times when the reasons of the thing itself cannot persuade, the fear of giving advantage will overrule a man, lest hereby he gives his foe matter of insultation, the eye and nearness of an Adversary exciteth Caution and diligence, and makes a man's life more fruitful and orderly then otherwise it would have been; like a sink by a house side it makes all the house the cleaner, as those Roses and Violets are sweetest which grow near unto Garlic, and other strong scented Herbs, because these draw away to them any fetid or noxious nonrishment: and as vermin do ever devour the purest Corn, and moths eat into the finest Cloth, and the Cautharides blasts the sweetest flowers, so envy doth ever gnaw upon that which is most beautiful in another whom it hateth, poison never works, where it finds no heat; envy still follows the better part, as the Vulture it draws sickness from a persum, a rancorous nature, trouble, from the good it sees in him he hateth; and odiorum acriores causae quando iniquae, when hatred is built upon a bad foundation it commonly raiseth itself the higher, and the reason is because in passions of this nature, the less we have from the object, the more we have from ourselves, and what is defective to make up malice in the demerit of him whom we hate, it supplied by the raising of our own stomaches; as we see in the body that thin and empty nourishment, will more often swell it then that which is substantial; but after the greatest inundation the waters are dried up, the subtlest lightning hath but his flash; the rattling thunderbolt hath but his clap: In the fullness of time the Israelites shall return out of Babylon, in the mean time we must await God's leisure with patience, Exod. 12.41. stand still and see the Salvation of God: a cheerful heart makes a strong back, and the well couching together of the pack avails much to the Carrier: by much sufferance comes great ease; the experience of God's deliverances is a strong Oblation to trust in him for future mercies; the Sun's heat will be most comfortable when we are most cold, in the greatest perplexity to find a deliverer, will be much more welcome to the distressed; and though disgrace be a tough bit for flesh and blood to digest, yet he that will live godly in this world, must resolve for to endure tribulation, for at the best it is full of Cares. Job 5.7. For man is born unto trouble, as the Sparks flies upwards; Esay 45.7. that it is no wonder if in this world he meets with many miseries, but as that man only can look upon the Sea with comfort, that hath escaped a shipwreck, so with the Prophet David he only can the best content himself to have been miserable, Psal. 30.12.13. whose sackcloth God hath put off, and girded his loins with gladness, and if rightly to consider the manner of God's Husbandry; most commonly he gins to blow that soil betimes, which he means so to sow in his season, Jer. 3.27. and tilleth and harroweth it over and over again, from which he doth expect to have a good and plentiful harvest, Psal. 129.1.2. therefore it is good for a man, that he bear the yoke in his youth; grace cannot go on but with many rubs, Job 18.7 Psal. 22.15. Psa. 119.67. Judg. 3.20. Joh. 5.2, 3. and affliction is the better endured, before the steps of a man's strength be straightened, or that he be dried up like a potsherd: 'tis sickness we say, which makes health so much esteemed, for by wanting we deem the thing better, when it is enjoyed; and no man sees himself so clearly, as in the glass of adversity, when every blow that God lays on, seems to say as Ehud unto Eglon, I have a message to thee from God; which if he shall consider, it will make his grief a Bethesda, to cure him of his infirmities; and thus he will come out of the furnace as pure gold, cleared from the dross of his corruptions: 'tis very painful to hid a wound. Then by that which follows I hope I may say without offence, Lam. 3.1 I am the man that have seen affliction, nay like waves in a storm, they have pressed violently in, one upon the neck of another: I accounted it my first unhappiness, that after I had some good time continued in the University, and obtained some measure of knowledge in those Arts, which contented me, and that for my own part, I had resolved to have fixed there; I was constrained by my friends, upon whom I then depended for livelihood and subsistence, for to forsake that way in which I was, and to apply myself unto the study of the Law; for as every thing lives the best in his proper Element, so he thrives commonly the best, and proceeds with most success that is settled in that course to which his Genius is most inclined; yet here I accounted it my good hap to fall into such hands for my Education, that in the first place, I was taught this principle of Religion, Pro. 8.7. above all things to buy the truth and sell it not; it being a thing so precious and desired, that Christ himself came to bear witness unto it, Joh. 18.37. & 8.32. & 3.21. and by his works manifested it to be the thing which should make his followers free: the fashion God so much regards not, as the stuff; and that seed is ever the best, which is the most white within: now it was not long ere I was put upon the trial, to see if I would hold this ground wherein I stood, retain this Doctrine in which I was instructed; for the silver cannot appear till Benjamins' sack be unloosed: A noble friend of mine now in the minority both of my years and profession, having conferred upon me by grant, the Stewardship of many hundreds in the County where I lived, and the than Lord Chief Justice of the Common Pleas, being my Countryman, and having purchased the Fee of two of those hundreds, moved me to departed with my interest in two of those Stewardships, for an Officer of his own, without other right, but only because he desired to have it so; which for that I refused (without the approbation and consent of him that trusted me, who had Letters Patents thereof for the life of another (which I had no reason to solicit for to let go, and his Lordship thought was below him to seek after otherwise, and I maintaining my right therein in this time against the many disturbances and opposition of those employed by his Lordship, attempting to have gained the present possession by an User of the Office) therefore he was much displeased with me, and did not forbear in plain terms to tell me so, with other expressions in language clear enough, to let me know his meaning, that I was to stand upon my guard, for if ever I came in his way, I should be sure of a lash. Now a young beginner doth not so well understand what the Scholars of the upper form do; and this being in the first of my coming forth, in a time when I was fully persuaded that faithfulness and truth could not have been overmastered by an enemy, and that he was not worthy to wear his master's Livery, and bear the name of a Christian, Jer. 9.3. that was not valiant for the truth upon the earth; the Spirit being truth, Jo. 1.5, 6. and knowing that God made his everlasting Covenant with them only that love judgement, Esay 6.8. and do their works in truth; and being commanded by the Word of truth, to withdraw from men of corrupt minds, destitute of the truth, who only suppose gain to be godliness; Acts 6.11. yet no sooner did Stephen plead for this truth but some were therefore suborned against him to kill him: no sooner did Paul begin to Preach this truth, Rom. 2.2 but opposers began also to consult how to put him out of the way; for as Origen saith of the Devils, There is ne greater torment to them then to see men addicted to the Scriptures; so the same may be said of truth, The Devil and his Angels cannot endure it, it is so contrary to his nature, who is the father of Lies. 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 salad of sour Herbs with content, better than a stalled Ox, Zrch. 8.16. 1 Titus 6.5. & 1.14. Jam. 1.18. Eccles. 3.21, 22.23 1 Sam. 6.19. with trouble and disquietness; 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 Briers, and unfruitful Plants, that evermore took something from the fleece that came nighthem, living by other men's Ruins, 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 soil; power and authority, which have great influence, being seldom so happy as to be employed 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 intent and wait upon his service, than 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 Lincoln's Inn, whereof I was a Member, I was required to forbear; whereupon tendering 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 equal favour with the rest of my fellows, that were at that time called with myself, but for a time I was refused, without any public cause or reason shown unto me for the same: then addressing myself to Master William Noye, than one of the Benchers of the house, a man then in great esteem 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 Council 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 Barrister 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 withal, and thinking that I began to bud too fast in my Profession, by the ways and helps which God afforded me; therefore extremely maligned me, used many Scandalous speeches of me behind my back, to my disparagement, such as were Actionable, thinking to have nipped me in the blossom; and for which words I afterwards brought my Action at Law against him, whereby he perceiving himself pinched to the quick, and fallen in danger of a Council, as sure to be overthrown with good damages to be given me for the words, as to suffer in his credit and reputation also, that knowing his Master's will, yet would offend against it, to be beaten with many stripes; therefore in the interim before the Trial, he raked up some accusations against me in the Country, and thereupon petitioned the then Lord Chief 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 happiness to be taken notice of more than ever in his life before, and to gain that countenance and respect, which for many years 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 men's haps, that have ever done me wrong, when I sought a legal repair at their hands, they evermore have found means by the help of power and greatness to save themselves and be protected, and gain also great acquaintance and preferments into the bargain: 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 disadvantageous to the other: stars that do agree in light and qualities, the smallest suffers loss by the brightness of them above, as one Tradesman's profit, is made less by the other: that thus I am sure, by my falls, 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 advice, might save himself, and preferred a Petition to the said then Lord chief Justice Ley, against me accordingly, as I said before, supposing in Generals 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 persuaded 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 tried: 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 boldness to be at Action with them for any such miscarriage or wrong doing, they had every one their relations and dependences to some great Officer or State's man here above, who put them in Commission, to do their turns, that by a Petition at Council 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 designs laid for introducing of an Arbitrary and Tyrannical Government at that time; it was a part of their work to indeer all the Gentry of the Kingdoms unto their side, by making them Justices of the Peace, and employing them in Commissions for the King's occasians, and by putting them in Offices and places under his Majesty and themselves, the devils great policy to offer men the kingdoms 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 find it true, by too woeful 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 excess of riot and disorder with themselves, such were sure to be opposed, oppressed, and persecuted every way unto ruin and destruction; but to proceed: Upon this Certificate of the said referrees, this matter was first caused to be called upon in the public face of the County at the said Assizes, and all that Rebel rout and crew, which had been so mustered 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 myself, that so my trial 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 Counsel 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 hedgehog will leave thine Adversary nothing but prickles to fight against; saying, if I should have sought repair, and to have righted myself by law, of every one that hath done me injury by words and deeds, I had had enough to do to right myself, and should never have sat 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 Attorney at the Common Law, that dieted and lodged in my house, who in the course of his practice, had omitted to file an Original Writ for his Client, which was in an Action of debt upon an Obligation of 200. l. which Suit 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 Attorney was therefore called in question, before the then Lord Chief 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 threatened 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 threatened with Imprisonment, if not to confess 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 Hogs, you see unto this time, here was a great cry, but little wool, yet this advantaged Master Bullock in that he sought for at the Assizes, but never wrought that upon him, which he was enjoined unto by the Judges, a perfect reconciliation, that we should have lived in Peace and good Neighbourhood 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 Devil a Monk was he. For the Scene 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 discourtesy, I may say a mischief, but he embraced the opportunity as a mercy, with much gladness of heart, which I mention not that he had power or means 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 poison will remain until 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; only to beasts of pleasure we give Laws, as to Deer and Hares, etc. For Serpents only begets Serpents; and in that business 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 sequel of the Story: I had several other attempts made upon me to destroy me, and not by any men of mean and Ordinary Rank and quality, but of the greatest always, 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 myself, but this, Obsequium amicos, veritas odium parit; for to my knowledge I never administered 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 confess, 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 enemy's sleeve, when 'tis but sit for him not to trust that will not be deceived: and who is it that desires to live well, and will not comply with times, but he shall be subject unto much slander and reproach and opposition in the world, and then that side which is evermore the greatest, that is commonly the worst, will blemish his reputation, whom they oppose, who having thus gained an ill name, though but amongst themselves: it is like an ill face, which the broader it is drawn, and the more bright it hath about it, it appears the more deformed, as a little gold beaten into thin leaves, and a little water drawn into a thin steem and vapour, seems wider than it was at first, so lesser Crimes, nay, some made so but in imagination, and fictious, being multiplied through the mouths of many, do quickly grow into a spreading cloud of infamy and disgrace, and malevolent persons do still look upon men's actions with prejudice: and as Momus when he could not find fault with the face in the picture of Venus, picked a quarrel at her slipper: so envious men will ever have something to say either in the substance or circumstance of our actions to misreport and expose to scandal, for spiders do convert to poison whatsoever they touch; and as a stone the higher the place is from whence it falls, it doth give the more dangerous blow, so the greater the personage is that acts for revenge, it is the more deadly and dangerous by much: there is no wound so mortal as that which is made with a thunderbolt, so of all hatreds those which makes pretences unto heaven, and which arise from Creatures of the highest nature, are evermore desperate and mortal, and such I have met withal, nor is it a wonder if enmity grows excessive, that hath zeal to kindle it, and pretence of Religion to warrant it, for when that which should restrain, and set limits to a passion is made a party to manage it, and fuel to foment it, we marvel not if a passion, which hath no bounds from Religion, do impose none upon itself: they know the blemish mars a Diamond, and therefore laboureth to crack it, and envious men like dogs do bark for company at those they know not too, and in this all dogs agree, whose black months will open fast against those that cannot hurt them, they oft times wound before they understand without honesty or Charity; as the mastiff barks at every noise, when he knows not from whence it comes; nothing but black drops fall from their lips, they even think the worst of a man for his troubles, as if a cloud could make the Sun to lose his light, their tongues are like Doegs which cut like a sharp razor, and like Gnats they sting most in the night when they are unseen, like the Dragon, they by't the Elephant behind the ear, where he cannot reach to help himself; enforceth a man to endure disgrace, because he hath no way to prevent it; he hath no eyes in his own cause, and like the thief which comes to steal, he puts out the light, and says there is no danger, to play with a blind man's nose; and then with the harlot wipes her mouth, as if she were an honest woman: will be sure to rail of a man behind his back, when he is well assured he shall not answer for himself; and no marvel if his tongue runs glib that's eyled with butter, thus you may know this bird by his feathers, his name is ill will, that never spoke well of any man, and as that Painter, which because he could not take the beauty of the faee, therefore only took the blemishes; will be sure to reckon up all the faults of him against whom he hath any thing to say, and the worst enemies are those of a man's own house; a man hath never worse friends we say, Mat. 10.36. than he brings from home, David's Companions did him the most hurt; Pual was worst entreated of his kinsmen; and Jeremy's friends cast most dirt in his face; but it is no news to find the Devil in hell; nor for two millstones to make the same grist together; for that the Toad and Snake agree, it is no wonder, and herein envious men are worse than Lions, which will never war amongst themselves, nor will Wolves fall out with one another; like Wasps also, if you anger but one of them near the nest, you shall be sure to have the whole swarm about your ears, they are unwilling that any thing should be seen within, and their nature is such they will never give over the pursuit so long as there is a sting left in any of their tails: they will then seem to be precious stones when they are most counterfeit, will tell you an untruth as a secret, against those they hate, that so they may make the better way for their proceed; and thus the Devil and mischief are ever awake: but observe and you shall find, that there's no man would seemè to deal so plainly as a Juggler, when he meaneth nothing less: as the thief when he goether about to steal, would then be thought an honest man, and as he that's ready to turn Bankrupt, will then make the greatest show: cleanly conveyance thus hiding the iniquity, and as rotten wood in a dark night, seemeth to blaze, when there is neither heat nor fire in it; but like a quag-mire hath only a green sword upon the top; thus Satan hath been seen as an Angel of light, and when the stone of the Sanctuary hath been turned up, there hath been a great toad found under it; in this Alder tree you shall find much more pith than strength, many fair feathers upon this Ostrich, but much rank flesh underneath; when you think him to be at peace with you, than he is complotting most mischief against you; thus thunder roareth when a man would think the air most clear, the eye sees all things but itself, he commonly finds most faults in others, when most are usually to be found in him; and like dead men, although they smell most loathsome, yet smell not themselves to stink; and yet this Fox will run as long as he hath feet, would hid it from the world if he could tell how: it were well then if we could take the council of the Evangelist S. Matthew, To beware of such men, Mat. 10.17. lest they deliver you up to the counsels, to be scourged in their Synagogues, their wrath being like fire, which will never cease to burn, so long as there is any combustible matter for it to work on: 'tis true, some of them are more and less angry, as the object is upon which their displeasure acteth; as, put fire to Gunpowder, and 'tis soon in and soon out; a flash, a report, and away; but when 'tis in a hot Iron, there it endures long: Implacable natures are never satisfied: non amote, nec possum discere quare: They hate too, because they will do so, and can give no other reason why: And whatsoever other cause they pretend, their despite is against Piety; this is the fuel of that fire; and the disagreement it hath with holiness, is the contusion and striking of their works together, which kindles the opposition: And sometimes the suggestions of Satan: Sometimes you shall have an Haman to stir up Ahasuerus to destroy the Nation of the Jews. But Arts agree best at a distance; and the Sun and Moon, when furthest from one another. The Tradesman's profit is made the less by the rest sharing with him. But this blowing of the wind more fastens the root of the tree, and that much more which is planted by the River of waters: So that this sea may rage's and swell against the Land, but it cannot overflow the banks. And though, with the children of Edom in the day of Jerusalem, they cry, Psal. 13.7. Down with him, down with him, even to the ground, lurking privily to destroy the innocent without cause, and to swallow him up alive, as the grave; and whole, Prov. 1.11, 12. as those that go down into the pit; yet, Si Deus nobiscum, quis contra nos? They do but kick against the pricks, swim against the stream, hop against the hill, labour but in vain to confound him whom God upholdeth: Yet what will not Dogs spew out, when they are set to vomit up what's within their bowels, for all that? But God's Saints have ever fallen under misconstruction, have still been slighted and despised, accounted as the offscouring of the earth, Psal. 31.22. the fools of the Times; and most commonly too, the better man, the worse esteem: Isa. 8.18. they have been reckoned broken vessels, good for nothing but the dunghill; Psal. 69.12. signs and wonders in Israel, the song of drunkards, the mirth of feasts: And what names have been invented, for to brand and to disgrace them with? Psal. 35.15, 16. what reproaches and disgraces have been raised on them? as, That they are the Pests of Kingdoms, the Troublers of Israel, Rebellious against the Laws: Acts 26.51 Kings 18.17. not for the profit of the Commonwealth, that they should be permitted to draw in the common breath. What watching for their haltings! how glad of their faults! Jer. 20.10. how joyful at catching at, and taking up any ill rumour of them! how insulting over their weaknesses! how witty for to receive their old primitive slanders! Psal. 35.15. and 26.16. and how cruelly and mercilessly have they been handled, if once they have but fallen into their enemy's Clutches. Pliny, in his Nature all History, saith of the Tiger, that his rage is stirred up and exasperated, by smelling the fragrant sent of Spices. 'tis true of good men: for doubtless, because they abstain from evil, Isa. 59.1. they make themselves a prey unto the wicked. Thus Noah was scorned by the men of his time for preparing the ark, and for urging Repentance to prevent the danger of the Deluge then to come; yet is he, by the providence of God 2 Pet. 2.5 2 Sam 6.14, 16, 20, 21, 22. chronicled unto all posterity for a Preacher of Righteousness. And David, for dancing before the Ark, was by Michal contemned in her heart; yet was it an act acceptable in heaven. If John come neither eating nor drinking, they say, He hath a Devil: and if the Son of man come eating and drinking, Matt. 11 18, 19 they say, Behold, a glutton, a wine-bibber, a friend of publicans and sinners: This Ostrich, having wings to cousin, not to fly withal. If Festus may be judge of Paul's speeches, than Paul is beside himself, Act. 24.6 and said otherwhile to be a pestilent fellow, and a mover of sedition. Our Saviour Christ himself is said to cast out Devils by Beelzebub the Prince of the Devils. But, Matt. 12.24. if the Master of the House be thus abused, how can a man think that his servant can go free? It hath been the devil's policy of old, and of all Machavils children, who derive their Pedigree even from that wicked one, their father, still to endeavour to asperse the innocent with Calumnies and Reproaches, and to lay on load enough, that some may abide: for thus slander makes way for violence; and do but taint men's innocence, in the world's opinion, and then they lie open to any usage whatsoever. We read of no good man but hath had his falls, hath been foiled, nay, beaten black and blue: for no man at all times can be wise, and no man liveth that sinneth not: Thus the brightest glass is stained with a little breath; and a little spot in a white paper is quickly made; and as men love me, so they will tell my tale; and though hear say hath no security of truth, yet most men are apt to believe the worst, though of him they know not: a false report being as one Weed in a Nosegay, that oversmells all the Flowers: every man desiring to have that true he likes the best, and to which his fancy moves; which commonly is according to the first apprehension of things: and being once fixed in the understanding, Isa. 19.29, 20, 21. it is very hardly removed from the judgement afterwards; an ill stomach being thus apt to nauseate at the very best meat, that even wise men oft times do thus their business unjustly, making a man an offender for a word, and turning aside the just even for a thing of nought: It being the course of the children of this world to measure every man's Corn by their own Bushel; to meet every man's Measure by their own Yard-wand: And because their Candles shine upon their heads, Job 29.6 Gen. 27.28. and they wash their steps with Butter, and the rock pours them out rivers of Oil, that they enjoy the fatness of the earth, and plenty of Corn and Wine, Psa. 37.7 that their eyes stand out again, with that which the marrow of their bones increaseth; Dan. 4.3. being clothed with Honour and Majesty, as with a Garment, and having the Command of the People to obey them at every beck, enjoying indeed what their hearts can wish: Seeing the good men debarred of these pleasures, for want of Spiritual eyes, Mal. 3.15 they make them a Spectacle unto the World, to Angels, and to Men, 1 Cor. 4.9, 10, 11, 12. reviling, persecuting, and accounting them the filth of the world, and the off-scowring of all things unto this day: But these good Fortunes unto them are but as Quicksands to go upon, whereon if we stand, we sink; and these men like Silkworms, when they have wrought out their Silk, turn into Moths and Butterflies: That as the Philosopher, being demanded wherein the learned were more happy than the unlearned, answered only, Spe, in Hope; so Saint Paul makes the Conclusion in this case, That if in this life only the Saints had Hope, 1 Cor. 15 19 they were of all men the most miserable. But darkest shadows follow the brightest bodies: Diamonds have their blemishes; fair Faces, Moles; the finest Garment soon gets a Stain; and there is no man that hath had his eyes in his head, but he hath seen clouds in the brightest day: The fairest Lawn is not freed from spots; the Moon, in her brightness, is speckled; and 'tis a choice Colour that is not dimmed with the Air; and these men, whatsoever they think of others, can find, if they please themselves, that they oftentimes do stumble, when they think to set their feet the surest: But, a little wart or spot is soon seen in the face, when a great Bunch is not so easily perceived in the other parts: things ordinary, and commonly practised, go without exception; the custom of the evil taking away the sense of the sin; and the multitude in the mean time warranting the proceeding, because running together into the same excess of riot; which if any man shall but seem to cross, he shall be sure to have more fists about his ears then his own: for, he that shall walk in the Sun, cannot avoid the heat; that gathers thorns shall prick his fingers, that travels in the rain must needs be wet; I have been termed a pestilent fellow, S. Paul was so esteemed of, and yet no man will deny him to have been a Saint; dangers past teacheth men to take heed, and distrust is the sinews of wisdom, and keeps them out, a scar doth warn a man to fear a wound; and he is freest from danger, that fears when he is safe; thus a wise man puts evils to good use, turns virtue into necessity, and insults over the greatest abuses, and after many shipwrecks goes to sea again, and yet before the Play is done, you will see the Philistines did put out Sampsons' eyes, and then took him forth to make thein sport, for which notwithstanding he was well revenged of them in the latter end: but the sun is the same though Eclipsed, and a Bird is a Bird though her feathers be pulled off, only the Ape is made more easy to be catcht when laden with a clog, and a breach is soon made where the wall is cracked, and a staff is more readily found for to beat a dog; 'tis an easy matter to abuse any man to his face, that must not be once received for to answer for himself, he's blind that cannot see fire in this straw; and that every coward will run his Lance against a Sarazen of wood: make a man once obnoxious to a State and then whether he speaks or be silent, 'tis all one, malice will grieve if thou grievest not at her: 'tis death to a Jester, not to see his fooleries take. Envy is a spirit-worm, and had rather burst than want her will: so that for a man to under to with patience, to smell sweet under the pestle, not to be daunted at disasters, but which way soever he is thrown to light upon his feet, makes him yet more vile and odious in the eyes of his enemies; for 'tis a great torment to an adversary, when he can find no in let nor advantage against him whom he hateth, so can he not endure to be opposed by him, in that he seeketh, strength then collecting and gathering itself into more excess; as we see in winds and rivers when they meet with any thing that crosseth their passage, they roar and swell: millions of Graces too are dazelled by one imperfection; and one hour of an Eclipse causeth the Sun to be more gazed at, then in a thousand fair days: one Vulcer in a sound body is enough to draw all the flies unto it; yet 'tis not every spot that taketh away the beauty of the face, nor is it every wound that killeth a man; and herein wise men deal like skilful Musicians, which do not break their strings that jar, but by Art do bring them to an accord again, and being rightly set, the Music is as good as ever, though a good man once offending is never free, for he shall be sure still to have it in his dish; than it seemeth neither manners nor charity, always to lay that in men's dishes, which the voider, a pretty while since hath clean taken away; a storm will crack in two that Cable which is never so strong, and yet faces about again of those that did fly, and in the second charge will obtain the day; a fault that's pardoned is as though it had never been; the stain taken out of the garment, 'tis as clear as at the first, mercy hath not a breath to speak evil of another man's unhappiness, will grieve to see a scratch in a clear skin, do not throw away its wine for the Lees and grounds, nor the gold because 'tis covered with dust; nor the sword for a little rust, but like the good husbandman, if he finds Brambels and Briers upon his land, will flock them up, and plough and sow it afterwards never a whit the less: none so cruel then as he that murder's mercy, with whom all goes for payment but the truth, but merciless and bloodthirsty men shall not live out half their days, and let him take heed that thinks he lives clearest from despite, for he may have his stomach pulled down in his days; for no arrow is shot but it falls at the highest, as Icharus fell into the water, but to give his folly a name, for he that casts to reach beyond the Moon, oft makes wise proceed to be suspected, and though he may be cretp out at a starting bowl, yet may have his fooling found out, those that are best qualified for service are the worst when turbulent; as the wind being moderate doth carry the ship safe, but doth drown it being tempestuous: a cloud can Eclipse that sun which shines the brightest, therefore let him not praise a fair day till it be night, nor the building while it be finished: he is much mistaken that thinks of a man the worse for his afflictions, for it is through many tribulations that we must enter into heaven, Esay 35.4. yet it hath ever been the condition of the best men to be thus censured, they judged the same even of Christ himself, and of Saint Paul, saying, Doubtless this man is a murderer, whom though he hath escaped the Sea, yet vengeance suffereth not to live: Acts 28.4. and the little Boy seeing his Mother pull the Roses and Violets to pieces, and putting them in a mortar, and pounding them with a pestle, cried out, His mother would spoil all the flowers, when she thereby intended to make them more useful; by crosses we are conformed to the Image of Christ: stars which appear not by day shine in the night; the more bitter the potion is, the more medicinable, and the sharper the file is, the less rust it will leave behind: Jam. 148 2. the sweetest Rose grows from a prickly stem: linen that's hardest beaten on the block, Rom. 8.10. and washed and wrung most, looks the whiter; white hath no grace without black; the Musk smells sweetest when hardest rubbed: Corn must be ground and baked before it be eaten, sire burns the hottest in frosty weather, Vines if they be not pruned and cut will wax wild: straits and goodness shuts in doors together: a Plant seasonably cut flourisheth the better: the sweetest Grape is hardest pressed out, why should we then fear the Lion, when we shall be sure to find honey in the Carcase? but a stratagem it is to charge the truth, and the professors of it with false accusations, thereby to render them odious, either to Princes or people; thus have I been dealt withal, and yet not discomforted; for the Gospel of Christ hath been called Heresy, and King Artaxerxes is told, If the Jews rebuild the wall, Ezra 4. they will pay no toll nor tribute: so the Primitive Christians had strange and horrid crimes and accusations laid unto their charges; as the Arrians charged Athanasius with Adultery, Murder, and Witchcraft, the Jews of Persia in the time of Sopores, willet's Pillars of Papistry. accused Simeon Bishop of Selusia, as a friend of the Roman Emperors, that gave Intelligence to them of the Persian affairs, which was not only an occasion of his death, but of a general persecution against the whole Church; thus deal the Jesuits with the Protestants at this day, and thus the adversaries of the power of godliness charge it with Heresy, Faction, Rebellion, and all that can wake it odious either to King or people; but a white cloth is capable of any dye, 'tis the fairest silk, that is thus the soon soiled; the Pestilence first taints the purest breath; those that are most maligned are not the worst, for a man is pitied for his follies, envied for his virtues; men being most apt to hate that goodness they can only admire; and upon this ground the Ephesians expelled Hermodorus, and the Athenians, Aristides, because they were too just for the rest of the people; men's minds, out of I know not what malignity, being apt too for to suspect, that that will not be used unto good, which might be abused unto evil, for this is all the evil of malevolent persons, to make others to appear worse than they are, that themselves, though they be the worst of men, may not appear so; having Satirical wits, which make use of other men's names as of whetstones to sharpen themselves upon, so that he which maliciously pursues his brother, doth but snuff the candle to besmuch his own fingers, and yet so makes the light to burn more clear, the fire never flaming more, than when the wind seeks to blow it out, and most commonly you shall find him herein the most forward to condemn another, that is equally culpable, if not more than him whom he thus accuseth, who never looks to pull out the beam in his own eye; but things that bear the same impression should be bound together in the same bundle, for the thief that escapes, deserves to be hanged as well as he that is ta'en, and suffers for his fact, nor is he always the greatest thief that comes first to the Goal, and yet this Varlet having stripped a man of all, would be thought merciful for not murdering a man outright: but I have oftentimes seen this Bee drowned in her own honey, the man entangled in his own talk, tripped in his own play, and 'tis but just that Perillus' bull first torments himself, that he falls into the same pit he had digged for another; like beasts they hear music as a sound, not as a harmony, Psal. 5.15. regards not goodness in another, but 'tis the course of this world, that if a man be once fallen a little into disgrace, every base fellow than takes him for a subject of their contempt and scorn, dealing with such herein as with a nosegay which we keep in our hands so long as it is fresh and sweet, and cast it away when 'tis become a little withered: all will go with our Saviour into Mount Calvery, but will then forsake him when he goeth unto Golgotha: Poverty parts good fellowship, and leaves a man forsaken as a naked tree standing in a wild plain beaten too and fro with every blast of wind, but no cress hath ever disgraced a wise man for all that, extremities do but exercise our trust, and when the body is distempered, 'tis the best cure to take away some blood the chaff comes not from the corn, if the ear be not beaten with the flail; Incense then perfumes, when 'tis cast into the fire: men commonly learn Gods loveby his wrath: Achimedes had never been so famous, if the City where he dwelled had not been so long, so violently besieged, and a long time preserved only by his means: there is no craft like to that, to be an honest man; of the purest seeds springs the fairest plants, whose ways though they be frozen dry, so that no butter will stick upon his bread, yet this Lily will grow up amongst thorns, this fish will be in the salt Sea, and yet be fresh, this Lot will live in Sodom free from their sins, and though this man be bowed almost together, that his head and heels be made to meet, yet he will not break, but like unto a twig he will come right again: water will not commix with oil, piety, with Hypocrisy; this Bee will never gather honey where the Cockatrice hath blasted; nor will any moth or worm breed in this Cedar, and who can disclose his pace so well as he that followeth him at the heels? know those that love truth as he that practiseth it, and when his adversaries plays with it as with a game at Chess, a pawn before a King, sets their worldly ends before this precious Jewel; there a slander by oftentimes sees more of it, than he that plays the game; a shipwreck in the haven, we say, is grievous, to be deceived where we trust, is most abominable, although a wise man commonly is only overreached in such cases, by his too much credulity, thinking every man to be honest as himself by whom he knows nothing to the contrary, but ill-favoured complexions the more they are painted, the worse will appear, for frost and fraud will ever have foul ends, and this man not practising what he professeth, shall at last be sure to have his own dung cast in his face; but as he that hath once swallowed a hedgehog, needs not to care afterwards what he eats, so he that is hardened and prepared for mischief with a brazen face, can look upon contradiction and never blush; Popularity, the mother of this corruption, being like that venom which makes men laugh to death, they do advise and counsel best, that know most: then try all things, saith Saint Paul, find out the truth, and accordingly determine for that which is good, and against that which is evil; and give the Ox hay, and Pearls to those that esteem them, and be not peremptory to condemn any man but upon clear grounds of pregnant Testimonies, for this the Lord teacheth should be so by his own example he would not proceed against the Sodomites upon the cry that came up, Psal. 105.18, 19 but he would first go down and see, for this is to judge righteous judgement, and not according to appearance, then hurt his feet no longer in the stocks, now that once his cause is known, and the man found out to be innocent, I must confess it is hard to distinguish between the precious and the vile, such as are eminenly good, 1 Tim. 5.24. and notoriously bad; 'tis hard to discern them, for some persons like the Moon in the change, Jer. 15.19. seems to have less light and worth in them then indeed they have, little in the eye of the world, much in the eye of heaven; others I acknowledge seem better than they are, like blazing stars that make a great show and look as gloriously as any the stars in heaven, and yet are no stars but sticking Meteors; Therefore, saith one well, that in judging things, we ought to judge Secundum quid sunt, but in judging of persons and actions it it is not always so, in re comperta, in a case that is evident its equally an abomination to the Lord, to justify the wicked person or action, as to condemn the just, Prov. 17.15. but in re dubia, it's otherwise, for there the rule holds dubia in meliorem partem sunt interpretanda, 1 Cor. 13.7. Charity to the person should sway the judgement, though not absolutely for to determine, yet to think him good, whom we do not know to be bad, but it hath been still my unhappiness in whatsoever, to have an ill sense put upon my good meanings, and a false interpretation upon whatsoever I have well intended, but men must permit what they cannot remedy; Josephus relates of the Jews, that they were very careful how they received Proselytes in Solomon's time, because the state of the Jews then flourished, they thought every one upon base ends might come in and pretend then, that he would join with the God of the Jews, but good men have one and the same will, and as the eyes, one turns not without the other, and I could wish, that in these times, all men were so just unto the cause, and to themselves as to respect and look upon those that have continued faithful from the beginning, and have never from the first varied from those right principles, to which there is no exception unto this day: Neh. 2.10. but I see very many now adays are of Sanballat and Tobiahs' mind, Psal. 59.6, 14. grieved exceedingly when but a man appeared that came to seek the welfare of the children of Israel, and if an man be discountenanced by a Patriot and great Magnifico of the times, as a Deer that is once shot; all the rest of the heard do strive to push that man out of their company, and if he be but once branded with a crime (though self) when the wound is cured, his credit shall be killed with the scar, and as great pain lies in the rubbing of an old wound, as in making of a new, nay, he that but rubs the scar, casts fuel on the fire to quench it, Psal. 56.5, 6. the very handling of it more inflames it, and makes it spread the more, there being certain willing mistakes amongst those sons of men, that hunt after the ruin of a man, Psal. 38.16, 19 in his goods or good name; that all birds of the same feather will hold together, Keep themselves s cose and mark my steps (saith David) when they jay wait for my soul; Nay, they willingly trust him which is known to be a common liar, rather than they will want matter to work mischief against him they hate, howbeit rumours we know, though they be causes of cautelous Jealousies are no sufficient grounds to undo a man upon, being without witness, without Judgement, malicious and deceivable, but men deal herein with those they love not, as the Romish Writers, who will be sure to defame them that differ from them in opinion, speaking great swelling words, having their persons only in admiration, Judas 16.1 Sam. 16.7. where they can find or look for advantage, but since we cannot see as God doth, Jer. 17.10. who looks directly on the heart and so Judgeth, we must find out a man by his words and actions, as the Naturalists judge of the form of a thing by its qualities and operations: we of the habit of the heart by its natural inclinations, as of a tree by its fruits, Mich. 7.20. not taking up things upon trust, but by examination, before we determine of them, for if a man should judge of the Moon and Stars by the lustre and splendour that the sun hath cast upon them, we must deem them to be far more glorious creatures than they are indeed; and so some such turbulent tribunes there are in every State, who out of their glorious vaing glorious humour of popularity would be accounted Angels though it be but for stirring and troubling of the waters; but Mirons Cow that was counterfeit, only deluded other herds of Cattle, pretexts may colour vice, and disguise it, but the painted grapes deceive the birds, for this Nightingale being pulled out of her feathers, you will perceive her to be sound and nothing else, 'tis not the habit that makes the Monk, nor are they most guilty that are most blamed, and such is we see the overruling Providence of the most wise and mighty God, that every descent into a lower condition, Deut. 4.20. is oftentimes the means to raise him higher, whom God will exalt; j Gen. 15.17. as it was made unto Joseph a stair to ascend unto that honour which his dreams had promised, Gen. 37.5, 6, 7, 8, 9 God's glory being most advanced, when his people are at the lowest; the blind man being so born, Psa. 105. 17, 18. that the work of God might be manifested in him, and it was the greater miracle that Lazarus had lain four days dead, before our Saviour restored him unto life again: when the Patriarches bade sold Joseph into Egypt, JO. 9.3. & 11.39. themselves were after in bondage there four hundred years, and every day in a worse condition than other, for before they were Subjects, after they became slaves, and after that esteemed to be such as it was not thought sit for them to live; Exod. 1.16. and therefore care is taken to murder them in their birth, and when Moses came to deliver them, where before they were but dying men, now they stink in the nostrils of their adversaries, and when they were delivered yet worse, for where before they were scattered in the Land, and some of them might hope for to escape, Exod. 5.21. now all are gathered together, and thought sit to have the neck of all cut off at once, as Nero desired concerning the people of Rome, than the Sea before them, Exo. 14. and the mountains on each side, and the Egyptians pursuing, and thus before God delivered the Israelites from the Philistimes, They were come to that lowness, 1 Sam. 13 19, 22. that they had neither swords nor spears, nor a Smith to make them any, 1 Sam. 17.8. and at another time God doth not deliver them until one Goliath had made all the Host of Israel run like sheep, and the famine in the time of Joram was not removed, until the fourth part of a Cabb of Doves dung was sold for five shekels of silver, yea, till the women ear their own children, 2 kings 25.29. and the people of God were not delivered from the enemy in the time of Jehosaphat, till he was driven unto such a straight as that he knew not what to do; 2 Kings 18.3. Hezekiah is not delivered from the Assyrians, until the fenced Cities of Judah are taken; and Christ came not to deliver us until the Sceptre utterly departed from Judah, and that the Nation were made slaves unto the Romans: and yet when Jacob is thus tossed to and fro, Esau is still at rest in Mount Seir increasing in riches and power; when Saul is on the Throne, David is hunted in the mountains as a Partridge; when Mordecai is sitting at the gate, Haman is in favour at the Court; and when the Courtiers be at the banquet of wine, Shusan is perplexed: misconstructions of such men's ways, not being the least part of their sufferings, which not only the innocent but the most deserving must resolve to bear, till truth which is the daughter of time, make them vanish, for though Judah play the harlot, Israel must not sin, but musT strive, if possible, with Stephen to see a Jesus in the heavens, when the stones fly thickest about his ears, must resolve to bear off his sufferings with head and shoulders; for many shall follow these pernicious ways, 2 Pet. 2.12. by reason of whom the way of truth shall be evil spoken of, though it be of such things as they understand not, wherein they must prevail, till the time come that they utterly perish, in their own corruptions, Psa. 30.5. and receive the reward of their unrighteousness, But howsoever heaviness may endure for a night, yet joy cometh in the morning, that albeit a man thus becomes as a Menster unto many; Psal. 71.5, 9 Yet if he puts his sure trust in the Lord, he shall be like Mount Zion, that shall never be removed; for truth hath always a good face, though near so bad ; will not be ashamed, when irreligious policies will never sTand; ill do being still guarded with bad successes: and when these men like Ducks will dive under water at every stone that's thrown at them; truth, like a River that's still running, will cleanse itself, and leave its filth still under his feet; thus a good esteem maintains credit, and me thinks to a wise man, he should not care who were the messenger of this truth, nor what he were that were entrusted, that were known to be faithful in the things committed to his care and charge: a Palsy hand taketh nothing from the Jewel that's in it: a seal of gold, and a seal of brass, being cut alike, make the same Impression. I but he hath been tainted, saith the adversary, in the world's opinion, and therefore to be laid aside. But such as understand will know before they take suspicion, our lives are mixed with sweet and sour; no picture is all made of brightest colours; no harmoney doth consist all of trebels, the base in perfect music must be one; I may use that a bad man hath, or else a good thing once abused I cannot use: a man may slip, and cannot do withal; by chance may slip and fall into the mud, and yet not delight for to be there: a broken bone, well set, is strongest in that part, and the sooner set, the sooner at ease: and thus ill luck is good for something; that Cart which is driven the best, may overthrow, and yet be set right again, and after carry his load never a whit the worse: after an ill crop the Land must be used: one Bankrupt makes not the Change empty; and after shipwreck a man must sail again; a Song is not judged by one note, nor can you know what the Comedy is by one Scene, nor the Oration by one sentence: he never was a good man that doth not mend, without the black, the white hath no grace: the Diamond is the brighter for his foil, and he that was never crossed, thinks there was no other heaven but here, however the Gloworm shineth brightest in the dark; the Damask Rose is sweeter in the Still than in the stalk, and a good face may be seen in a glass of Jet: good men are gainers by afflictions, but it is the fashion of the world still to go along with the rising sun, and to shift sails as the wind stands, and when she sees her master ready to mount, then for to commend him above the skies; 'tis a right Dequey which hath for every Bird a bait, and will have his Oar in every boat, his part in every Pageant: these Painters then express their skill the best, when they deceive the eyes with best shadows, like rotten plums upon a tree, they are most beautiful of the rest to look upon, but do but shake this tree a little, and they fall presently: like empty barrels these ever make the greatest sound, and like a whelp will bark loud and run away; and yet this dross carrieth a show of silver, but these shadows stick not where, as empty eggeshels they evermore swim aloft, when those that are full of meat sink to the bottom: and yet for all this, this man's joy, is but as laughter in his sleep, and the chirping of Birds in a sunshine day; yet when these frogs croak thus far beyond their wont, beware of a tempest; but thus then, a man may know a Kite by the very feathers that he wears, But (saith Haman) he will not bow the knee, therefore he must be destroyed: a Fox I must confess will fly at the braying of an Ass, because he knoweth it not to be an Ass' voice, but the Lion will not do so, because he knows it: a fool is not to be feared for his noise, and he that pisseth clear needs not care a fig for the Physician: virtue is impregnable in the greatest distress; a pure fish will swim in muddy streams: Deut. 8.5. be not mistaken then, For God correcteth every Son whom he receiveth, Heb. 12.6, 7. and useth not his rod where his sword shall come; the Pillory and scourge are made for such Delinquents as shall escape execution. O but he still outruns the Constable, Psal. 94.12. and cannot be laid hold on by any means. Who is it but will save his head with both his hands? for his wisdom is nothing worth, that is not wise for himself, Prov. 13.14. Therefore Theseus would not go into the Labyrinth without a thread: to be safe, is to keep us to that Diet we are prescribed; to flee that evil of which we are forewarned; 'tis not enough to be honest, but to prevent danger that it doth no harm: and he were very silly, that would not beware that mischief were in his eye; you cannot blame the child to dread the fire, nor to condemn him to take heed of falling that stands upon the pits brink, that knows there is a Lion in the way, were mad to adventure; the best things please not all men; the Scythian was angry at the hearing of music, as the envious man is at him he hateth, because he liveth so that his malice cannot reach him: but Nature teacheth every thing to seek the preservation of itself, and for that purpose hath armed the very Bruit Creatures amongst the rest, as the Bull is furnished with horns, to oppose the assault of a Mastiff Dog, the Boar with tusks, the Roebuck, the Hart, and Hare, with swiftness of feet, to fly away from their pursuers, and with eyes in their heads to look backwards towards them which hunt for their precious lives, for to avoid them; the Fox with craftiness and subtlety for his escape, being encountered with approaching enemies; and to them, and to all Animals of that kind besides, is given sense and motion to apprehend, and one way or other means for to free themselves from ruin; and shall not man make use of his Reason and more NObler parts, to quit him from the hand of the destroyer? The Patriarches, the Prophets, the Apostles, nay, Christ himself gave it to us in example, and shall we in this latter times be more nice than they, and think it an unlawful thing to use lawful means, to be freed from the oppression and persecution of an adversary? Gen. 20. Abraham thinking that the fear of God was not in the Court of Abimilech King of Gerar, and that therefore he should be slain for his wife's sake, durst not to own Sarah for his wife, but said, She is my Sister; which was afterwards Isaac's very case concerning Rebecca, being with Abimilech in Gerar also; And Esau hating Jacob his brother, Gen. 20. because of the blessing wherewith his Father blessed him, and therefore having resolved to slay him, Did not he therefore Fly unto Laban his Uncle, from the face of his enraged brother, until his fury should be turned away? Gen. 27.41, 42, 43 And did not Rachel put her Father's Images in the Camel's furniture, and sat upon them, that Laban could not find them after all his search into jacob's stuff? Which was to prevent the danger of that hot prusuite, Gen. 31.34, 35. which Laban made after him for those fooleries: the Hebrew Midwives too, Exod. 1.17, 18, 19 did not as the King of Egypt commanded them, But saved the men children of Israel alive, contrary to his commandment, excusing the matter with a pretence only, and yet it was not imputed to them for so great a transgression: 1 Sam. 18 11, 12, 13 When Saul cast his Javelin at David to smite him to the wall, he avoided twice out of his presence, and because he was afraid of him, he departed from him, and therefore it is said, That he behaved himself wisely in doing it; and as he did afterwards when he was let down at a window, that he fled and escaped from his enemy, when he had sent messengers unto his house to slay him, nor do I find Michael his wife discommended for her Stratagem used at that time, the better to preserve her husband from destruction; 1 Sam. 19 10, 11, 12, 13, etc. 1 Sam. 20.1, 24. that flight of his also front Natioth in Ramah to Nob at another time upon Jonathans' discovery of his Father's intended mischief towards him; his abiding in the wilderness of Ziph in a wood, in the hill of Hachilah, for to save himself, nor was it accounted unlawful that he sent out Spies, 1 Sam. 23.14, 19 1 Sam. 26.4. to discover saul's approach, and that thereupon he fled to Gath to secure himself against his fury; nor do I find it spoken against, that he changed his behaviour and feigned himself mad before Achish a King of the Philistims, thereby to procure safety to himself in that time of his danger and extremity, 1 Sam. 21 13. that child of the Prophets that anointed Jehus King over Israel, was constrained presently to open the door and flee and tarry not, 2 Kings 9.3. and when evil and great destruction did appear unto Benjamin out of the North, the Prophet Jeremy had them to flee out of the midst of Jerusalem, Jer. 6. 1. as the Lord by the same Prophet commanded the Inhabitants of Hazor to do the like, Jer. 49.30. when Nebuchadnezzer King of Babylon had taken Council, and conceived a purpose against them; thus Joseph fled with our Saviour into Egypt, Mar. 2.13 from the intended destruction that Herod had against him; and when those in the Synagogue of the Galileans were filled with wrath, and would have cast him down headlong from the brow of the hill, whereon their City was built, Lake 4.28, 29, 30.2 Cor. 11.32, 33. Acts 9.23, 24, 25. he passed through the midst of them and went his way; and so when the Jews had taken Council to kill Saint Paul, when their laying in wait was known, and that they watched the gates day and night to kill him, the Disciples took him by night, and let him down the wall in a Basket: Now all these did outrun the Constalile, and yet what offence, I pray you, was in then, for saving themselves alive from the fury of the destroyer: but you set a detractor hath the Devil in his tongue, and he that applauds it hath his teeth and tongue in his ears; he derides what he understands not, and wrangles with the thing he hath not learned; because the Iron is too hot for his fingers, thus all is not Malt that is cast an the Mill, and he that throws dust at the sun, it lighteth but in his own eyes: O but says he again, there cannot be all this smoke, but there is some fire; there would not be a shadow, if there were no Sun; a man thus evil spoken of cannot be Innocent, but by your leave, an benefit man, that will deal square and aboveboard shall be contemned of the world; Joh. 2●. 13, 19, 20. Remember the word that I said unto you, The servant is not greater than his Lord, if they persecute me, they will also persecute you: and yet a precious stone, that is cast into the mire, doth not lose his beauty: Innocence cannot protect the just, and he that is down the wind shall be sure take evil spoken of; for when fortune fails, desert oft bleeds with shame, and no good man but shall find this measure of our Saviour Christ himself; Joh. 7.12 Some said he was a good man, others said nay, but he deceiveth the people; But all things are not true that we hear, and therefore wise men believe nothing but what they see: but malicious men the the quite contrary, it is a suspicions, apprehensive, and interpreting fancy, ready to pick out injury, where is cannot be justly found, that its anger may be employed to frame occasions to itself; and therefore 'tis a wise advice of Seneca, Non vis esse iracundus: ne sis morosus, he that is too wise in his judgement on other men's errors, will be easily too foolish in the nourishing of his own passion, and it's commonly seen in matters of cansure and suspicion, the more sight and reason goes out, the less useth to abide within, and as men which see through a coloured glass, which have all objects how different soever represented to the same Colour, so they examining all conclusions by principles forestalled for that purpose, thinketh every thing of what nature soever, to be died in the colour of their own conceits; and to carry some proportion unto those principles, like Antipheron, Orites, and others in Aristotle, who did confidently affirm every thing for real, which their imagination framed to itself, and yet when malice hath thus sought to put out the Candle, by snuffing it, many times it hath made it shine the brighter: as in the sale of Joseph, by his brethren, It was not so much you that sold me, Gen. 45.8. (says he) as God that sent me, that I might save much people alive, as it is this day; and therefore, as one saith well, God permitted this sale, he withdrew his grace from the sellers, he restrained the sin from an intended murder, to a bare sale; this treachery of his brethren he did not infuse, but use, he used it not as a sale, but as a conveyance; in them 'twas a selling, in him a sending, aiming at their relief, an end out-ballancing in good, the evil of the sale, the saving of much people: thus look but on the corner of a piece of Arras, and it carries no proportion until you unfold the whole piece, and until than you see but one half of ezekiel's Vision, you see but the wheels, not the eyes in the wheels: Ezeck. 10.12. thus God oftentimes doth twist many rags into ropes, to lift his Jeremies out of the dungeon; my particular observed will make out the parallel, and to say with the Prophet David, I will praise God because of his Word, Jer. 38.11, 12. Psal. 36, 4. Psal. 37.3, 4, 5, 6, 7. Psal. 113 6, 7. Psal. 107. I have put my trust in God, and will not fear what flesh can do unto me; or he will bring forth the righteousness of such as the light, and their judgement as the noon day, for he taketh the simple out of the dust, and lifteh the poor out of the mire, etc. Afflictions thus make mercies to be the more esteemed, liberty is sweet unto, and of all, but most of all, of those that have known the hardship of a long imprisonment, as the danger and violence of a storm, make a safe harbour the more welcome: thus the woman cured of her issue of blood, after she had suffered many things of many Physicians, Mark 5. 25, 26, 27. Joh. 5.2, 3, 4, 5, 6, 7. and had spent all that she had, and was nothing bettered but rather grown worse; and he that after thirty eight years lying by the Pool of Bethesda, was put into the waters and cured of his infirmity; prized their healths the more, as they had the longer lain upon their beds of languishing: if the plaster should be too soon taken off, the sore would fester so much the more; and whiles deliverance is delayed, patience hath its perfect work; it is the bellows to blow up God's graces. Christ hid himself from his Spouse, to make her long after him; Samuel was the more dear to Hanna, because she waited long for him; we would not so much praise him for his sweetness, if we had not first tasted the cup of bitterness: that which with more difficulty we obtain, with more care we keep: the child must pray and entreat, and open every finger of his hand, before he gets the Apple which his father shows: We may not limit the holy One of Israel; Psal. 78.41. we must expect and wait if to have the harvest: there is no ship but is tossed upon the Sea, no Church but is afflicted; Is black, but comely: Cant. 1.5 and therefore Luther, to set forth the condition of the Church, pictured a silly maid in the wilderness, Psal. 90.10. compassed about with many Wolves and Bears, and raging wild beasts, to show the many dangers and troubles that the people of God must inevitably pass through, in this world; so that as there is no Sea without waves, Psal. 46.1 so there is no Saint without sorrows; and these Bees will gather honey from the bitterest Herbs, and yet when this wind blows the most fiercely, then know that it is about to cease; Psal. 44.7. man's greatest extremities are Gods opportunities, Psal. 107.6. when he doth usually deliver those that call upon him; and things that cannot be altered must be born, for impatience doth but increase the cross, and as a man in Irons, the more he strives and struggles, the more he hurts himself; for we see 'tis easier by far to tie a knot, then to unloose it, to find faults in a man, then to make them; a simple man can quickly make a spot, which a wise man cannot so easily clean; 'tis easy for a man to fall into a pit, not so easy to get out; and he liveth the safest, we say, that pockets up his wrongs: rough storms try good Pilots, the Mariner that then runs on his course, the Lant horn that than keeps his light, that yields not under the burden, but endures the cross with patience; when now you shall cast up the Cards, it will appear what's Trump: Innocence then is the best Armour that a man can put on against another man's fears, Prov. 28. as Tacitus said of Caecina, Ambiguarum rerum sciens, eoque intrepidus; to be acquainted with difficulties, makes men that they are not fearful of them, knowing that the longest day will have an end; and in the mean time he that suffers the Cedar to grow, permits the lowest shrub to live; and though the Bird may now perchance have many sick feathers to keep her below that she cannot fly up into the tree, yet the time will come, that her feathers will be grown again, and that she shall be able to mount the skies: and what though in the interim Shimei rail, and the Drunkards make songs of me, yet wise men will profit by the prate of fools, and he that doth not hurt me in this case too, must yet be opposed so far forth is to beware him; for a Scorpion is not then only supposed to have a sting when he smites, nor do all Horses prove right from the same race, nor is all coin crurant that hath the King's stamp upon it, and therefore take heed is a good reed; although innocence hath so clear a Complexion as she needs no painting, may endure then much hard measure, be belied notwithstanding: but these men that pursue her so fiercely, do but snuff the Candle to be smuch their own fingers, and makes the light to burn more clear at last; and like hail on a tiled house, although it makes a great noise, yet it doth little harm; he that walks with a right foot is sure to speed; but 'tis rare if black be made to take any other hue: thus a good cause consisting in matter of fact, when 'tis plainly told is sufficiently proved, but a good man may complain, as the Prophet David did in his time, Ps. 102.6 That he was like a Pelican in the Desert, it shall be long enough ere they come to assist him; nay, so far shall he be from help, That the net upon Mizpah and the snare upon Tabor, Hos. 5.1. shall be laid to catch him, as the ambushes which the Idolatrous Priests laid upon those mountains, to take up all the passengers that went up to Jerusalem toworship the true God; there will be a Korah, Dathan, and Abiram, ever ready to oppose the Moses and Aaron, Num. 26 that seek but to work good in the Congregation; a Jannes and Jambres, 2 Tim. 3.8. and Egyptians to affront them, thta work in the Lord's Vineyard: but he that fights with Cats, must endure to be clawed, that creeps through Briers, shall be scratched, that fights with Bears, must be pawed; that contends with mightier men than himself, must blame himself if he suffer wrong; for 'tis not good meddling, we say, above the eyes, none ever saw the Altars of Busiris but was posseSSed with sorrow; then for to shoulder a great man that is not sure to put him into the Gutter, doth but light a Candle to see his own nakedness, for thus he shall cut his fingers that meddles with edged tools, and no marvel if be then cries that is thus pinched to the quick; the Ass' ears must be horns if the Lion will have it so, but a great oppressor is the greatest thief, is more ready to offend, because he is without fear of revenge, and no wonder if his usage then makes a wise man mad; and if he that shall oppose one such adversary, shall have his hands full, than he that provokes many like enemies, must expect to be torn in sunder; but if a man must suffer for the truth, Is it not all one to be drowned in the deepest Sea, as near the shore? A magnanimous man must be like a four cornered stone, Deut. 1.17. & 16.19.2 Cor. 19 7. lie upon whatsoever side he lights, must fear no colours that will attempt the Fort, have no respect of persons injudgement; yet he that will thus do his duty without connivance or partiality, shall be sure never to want opposition, and the slanders of Malignant men to pursue him, and therefore must resolve with patience, to run through both good and bad reports, and suffer the virulence of these venomous tongues with contempt; 2 Cor. 6.8. and amongst the rest of those enemies that I have met withal of this kind, there is one whose eyes are so blind with popular applause, that be had rather be a master of Error, than a scholar of truth, and this thief in the Candle makes ill work, this moat more hurts the eye than any part, for commonly he makes Religion his stalking horse, and under a seeming sanctity covers over a double iniquity; like the Alder tree, he hath a fair bark, but a bitter rind; this Bee brings honey in his mouth and a sting in his tail, like the Box tree, seeming always green, yet then being full of poisonous seeds; is a Siren, which will sing sweetest, when she intends to by't the sharpest; with the dog, will by't sorest when he doth not bark; with the Onix-stone, is hottest when it seems most white; is a cunning Goldsmith, that will enrich his basest silver with pure gold, then pretend the fairest when he intends most mischief: this Fisher covers his books with the pleasantest baits, and straw his best corn under a pitfall, the sooner to betray those with whom he hath to do; this Canker you shall always find in the fairest rose, this moth breeding still in the finest wool, this worm engendering most in the softest wood, this man continually maligning the best of men, malice driving him forward, and fury suprring him on, that he cannot stay behind, being thus riding post to hell upon the devil's back; this Scorpion hath an amiable face, but a poisonous tail; this sour crab seems an apple outwardly, as the sweetest Pippin, 'tis the taste only makes the difference, his actions which are ever terminate in mischief; these wasps have their Combs appearing fair to the eye, but without honey; but we try gold by the touchstone, Jewels by the Lapidary: Locusts by their faces are not known from men; this Bell having a clear sound, but an iron Clapper, he perfumes his deceits with the balm of Gilead, hath words in his mouth like Alder flower, very gay, more woth than all the tree besides, like Nazianzens' Country of Ozizalah, which had store of flowers, but was barren of corn; you shall find his tongue commonly too long for his mouth, which runs riot like a hunting whelp, goes before his wit, will quest where every Bird and Buzzard sits, and when he doth calumniate a man's good name in a dark corner behind his back, he reacheth out whatsoever comes at his tongue's end, and then like a Peacock, spreadeth about his tail when he would be seen, but will not deign to look upon his black legs for all that; with the man in the Moon, he vies at all, for his conscience; like Sampsons' shoulders, are strong enough to bear out any act, but like the Gander, you shall ever find him loudest amongst his Geese, telling Stories of strange things, to those that cannot contradict him in his relations, which when rightly understood, are but tales of Robin Hood, by him that never shot in his bow: but in this his multiloquie it far with him as when a stream over-sloes his banks, which thereby only contracts slime and filth; he is an Hermaphrodite, begotten betwixt Hawk and Buzzard, puts his sickle into every man's harvest, will be meddling, what soever comes of it, albeit most times in the conclusion, he finds little thanks for his labour; makes work to have work, and rather than stand out, will spin his tow into a mighty length, make much ado about nothing, that he may be seen to have imployent, when God knows those into whose society and business he thrusts himself, had rather have his room than his Company, for this Swan though he hath milky feathers, yet hath he a black Carcase: with Athalia you shall have him crying treason, treason, when himself is the greatest Traitor; and like a mad dog, you shall find him as angry barking at the Moon which he cannot reach (at him that's above him) and doth but cross his humour) as at that man whom he gets presently by the shins, and cannot withstand his fury, like the Raven you shall have him no longer to stay in the Ark, than he hath need of Noah, for his own ends be will shake each man by the hand, and like wax will be pliable to every Print, the sparrows feather serves him as well as the Swans, without check he passeth over his own faults, but doth laugh at all others sins, and like a child seeing his visage in a glass thinks it another babye; like thunder, when he makes the greatest clap, he lets all but a little stone, his discourse commonly ends in a lie: like a light vessel that's unballanced, he rises and falls with every wave, oderunt, quos metuit, first he hurts, and then he hates, and ever after he looks upon them as guilty of that shame and sadness, which in the sin he hath contracted, and thus makes hatred an Apology for wrong, and out of the narrowness, incapacity, and Antipathy of his own mind he falls to an under-valuing of persons, even to their non entity and existence, as things utterly unuseful, because he sees not what use himself can have of them, herein discovering as much absurdity in so peremptory a dislike as a blind man should do in wishing the sun put out, not considering that he himself receiveth benefit at the second hand from that very light, the beauty whereof he hath no acquaintance withal he will insult over a man's sufferings, and where he finds a Cowardly and faint resistance, will domineer like a pig in Peas-straw, and as a resty jade will then show his tricks, when he finds his rider fearful to put spurs to his sides; he will be sure to hold in with the Griffin, and great Leviathan, as knowing if he can compound with the Serpent, he will soon crush the little Adders, and yet with these he ties but a Gipsies knot, that is fast and lose at pleasure, for as a Physician to his patient, he will then give him over when he lies a dying, will leave thee when thou needst him most, he sails evermore with wind and tide, and never drinks in empty bottles, non ad amissas, h3 carves a piece of his heart to every one that sits next him, because he would he thought wise, and yet is no better than froth, which appears all above, but is quickly gone and vanished into nothing, though in the interim and mean time while the tale is telling, as a blazing Comes he appears more glorious than a fixed star; like a Pedlar will show what is in his pack, though nothing but old fashions and brarded wares be in it; he hath another trick amongst the rest too, which he learned from a Courtesan, that when he finds himsef faulty, and likely to be accused for the fact, he will be sure to cry whore first, will jeer at honest women, seek others where he lay himself, that if it were enough for him to accuse, there were none should be clear: where he meets with a mean understanding, and with one that holds him in esteem, he brings this Pan into a fool's paradise, who straightways thinks to be made free in Wales, for offering a Leek unto this S. Davy at his shrine; he will never bid thee God speed, unless he knows thou needest not to care for him; Religion he useth as women use Soap, only to wash away suspicion; he museth as he useth, will not endure to be pulled by the ears, to hear that he hath any faults: he is In Nettle, out Dock; a fickle fellow too, will be found no where, and yet will have his finger in every pie, will give his verdict amongst the rest, though he comes of himself uncaled unto Council, and then all his Geese are Swans, his Pìgeons are all white, he thinks he hath a Spirit of Prophecy and cannot err, and if Solomon were alive again, he would vie with him, which were the wisest man, he hath a popular spirit, which like a working Sea, which ever breeds trouble in the Port, so doth he make work where ever he becomes, give him but preferment, and he hath no equal, this Parish Priest presently forgets that ever he was a Clerk, as Saul being made a King, and Balaam a Prophet, with Judas they are the worse foul stomaches turning wholesome food into gall and corruption, put him upon business, which he hath no mind unto, and like a resty Jaae, the more he is suprred, the backwarder he goes; if Ahab had a mid to go up to Ramoth Gilead, he will be one of them will cry, Go up and prosper; if Ahaz will have such an Altar as is at Damascus, 1 King. 12.12. He shall find him an high Priest, that will do according to all that the King commands him, if a Novelty will take the people, he will be one of those will speak perverse things, 2 King 16. to draw Disciples after him; and with the Keilites again will give up David, betray the best friend be hath to save himself, Act. 20.30. with the Samaritans he'll challenge kindred of the Jews; whiles their State flourisheth, but will disclaim them again when afflicted, will embark himself in the Church's cause in a Calm, but with the Soldier in the Acts will fly out of the ship in a storm, and although his Conscience be convinced of the right that he should do, yet if any danger be in the way, he will do as those amongst the chief Rulers that believed in Christ, yet because of the Pharisees, dared not to confess him, lest they should have been cast out of the Synagogue; where he is to sit in Judgement he always comes prepossessed in opinion, and like a Juror embraced before hand, resolved of his verdict, before he hears the cause, censuring before he sees, and speaking evil of what he doth not understand, he hath the yellow Jaundice in his eyes, and thinks all yellow that he looks upon, prizes nothing that's good, because it suits not with his disposition, he is provided ad omnia quare, He hath for every bird a bait, an Apple for Adam, a wedge for Achan, a Kingdom for Absalon, an Office for Korah, a Bag for Judas, 1 King. 22.6. a world for Demas, a flattering Prophecy for Ahab, can awe the timorous with dangers, claw and blow up the proud with titles, bait the greedy man with hopes, feed the discontented man with Complaints, melt the compassionate man into Compliances, and like a Camelian change himself into all Colours, to advance himself in all conditions: but how can he have a sweet breath, that hath such rotten Lungs, but this Ape though she hath some touches of a man's face, yet is still known to be an Ape, and how could I be safe to have had such men as these to mine enemies, whose malicious conclusions concerning me, have been like those of Logic ever following deteriorem partem, but that Rule ought to be strait that squareth other things; yet if they could but snatch a shadew, or shape a surmise of evil in my actions, of a molehill they have made a mountain and raised a scandal, where there hath been no cause, knowing that the least blemish mars a Diamond, and yet in the midst of all these clamours and loads of slander, this hath born up my heart, God knows my works, and though ignorance and malice heretofore hath set upon my skirts and censured me, yet God I hope will at one time or o there, put them forth with the Comment of my honest and just meaning, Psal. 37. 6. and dealing upon them, and not as heretofore tortured and drawn with false expositions of mine adversaries, and that which quieted Jobs spirit in the midst of all the misapprehensions of his friends hath ever been and shall be still my comfort, Job 16.12. Behold my witness is in heaven, and my Record is on high; Act. 12.2 But Festus to do the Jews a pleasure will leave Paul bound, Herod and Agrippa kill James, and imprison Peter under the custody of 16. Soldiers, and so the ungodly for his own lust doth persecute the poor; Act. 25.2 Up Lord disappoint him, and cast him down, and deliver my soul from the ungodly, Psal. 10.2, 6. which is a sword of thine, that the men of the earth may no more oppress, for when my foot slipped, they rejoiced greatly against me, and though we cannot expect but that we must shift our garments, Psa. 17.3. Psal. 10.18. Psal. 38.16. and sometimes wear sackcloth; yet Lord set my heart in tune, whether to Lachrimae, or Hallalujahs: and thus you my see the discouragement and discountenance that I have had in this world; that if any man hath but chanced to favour me, I have been spoken against as when Christ called Zacheus, Luke 19 the people murmuring said, He is gone to be a guest with one that is a sinner; but a Carping humour is a sign of a wek judgement; afflictions, you may perceive then, have followed me as Jobs messengers, before the first was dispatched, there appeared a second, before that was ansered, a third followed; like ezechiel's Prophesy, Ezek. 7. mischief upon mischief, and rumour upon rumour; but 'tis too late to mourn when the chance is past, howsoever though few fair days have been in my Calendar, yet let him that stands take heed lest he falls; for the Hawk that trusts too much unto her wings if she soar too high may so be lost, that gazeth to catch a star too, my easily fall, and let not men be too bold to play with other folk's noses, lest perchance thereby their own be taken by the end; for he that sets his neighbour's house on fire, must take heed lest he burns his own, for whoseoever will speak and do what he list, is like to have and hear more than will please his humour; 'tis hard to cover smoke but it will burst out, the tongue will bewray the intentions of the heart, and thus we shall know how the clock goes, by the striking of the Bell; and if then being forewarned, we be not forearmed against the ensuing danger, there is no man will pity him, that in such case shall groan under the burden. I have in my time met with all kinds of opposition, but with no wrath and cruelty like that which hath proceeded from weakness and cowardice, having had either jealousy, advantage, or despair, to set it on, and yet those which as the Prophet speaks, do break men's heads with oil, make a poison of their own merits, to kill them with praises, are bad enough, that love not to have their bad meanings and actions to be found out, as those also which being displeased with Mordecai think it a scorn to lay hands on him alone, and therefore his whole Nation must suffer with him; with Sejanus the storm must light on his family and friends, aswell as on himself, and hatred is so overflowing a passion, that it will sometimes rather strike a friend too, than not to reach an enemy, as Darius, pereat cum inimico amicus, let my friend rather perish with mine enemy, then that mine enemy escape by my friend, and yet again there is scarce a more hateful quality in the eyes of God and man, then that of the Herodians, to lie in wait to catch an innocent man, and then for to accuse him; and such I have had to deal withal; unlimited desires also will repine to see another have that which himself wanteth, as Dionysius the Tyrant did punish Philopenus the Musician, because he could sin, and lato the Philosopher because he could dispute better than himself, but Nemo repent fit turpe, no man becomes bad upon a sudden, for a man may shoot and miss the mark, and yet sot his aim as strait as he that shoots and hits the white, desire makes us what we are, and affection when it doth express its desire is to be considered, though by chance it misseth to do what was expected: Apelles was no good Painter at the first, 'tis tract of time that makes things to appear as they are indeed; the Juniper is sour when 'tis a twig, and sweet when 'tis a tree; I but saith my adversary, if his innocence had been such as he makes show of, why then hath he not in all this time, put the matter unto trial, to purge himself; you shall perceive by that which follows, that I have neglected no oopportunity to bring this gold unto the touchstone, my disaster hath been only in this, that the public affairs of the kingdom, would to this hour never admit me so much leisure for the examination of this particular, that I could procure it to be heard; besides that, in all this time I have not wanted those that have done me many ill Office in this matter, and that wish it never ended, but that still it may lie as a rod over my head, or as a staff to beat me withal, upon all occasions behind my back; besides when fury doth rage and rave, we say there is no putting of truth unto trial, for so to snuff the candle, were but to put out the light, and every wise man knows the hen that cakles hath not always laid, will not believe every vain report, that comes aborad; but with those wise Bereans are more nobler minded men, than those of Thessalonica, will first search and see whether those things be so or no, so that though the Serpent Porpheriou hath much poison in him, yet wanting teeth can do little hurt, and therefore as David said concerning Sheimei, Let him alone, It may be the Lord will look on my affliction, 2 Sam. 16 11.12. and requite good for his cursing this day; so will I not so much look on the lower links of this chain, as to forget him that hath the top of it in his hand; but will look up to God in what I suffer, and say as Eli, It is the Lord elt him do what he will; 1 Sam. 3.18. and with Job, the Lord gives and takes, and blessed be his Name, for it is he that killeth and maketh alive, 1 Sam. 2.6, 7, 8. 9 that bringeth down to the grave and bringeth up, that maketh poor and maketh rich, that bringeth low, and lifteth up the beggar from the dunghill, and set them among Princes, and makes tem to inherit the Throne of glory, and by strength shall no man prevail, Hag. 3.19. saith the Prophet, for in that time I will undo all that afflict thee, and I will save her that halteth, and gather her that was driven out, and I will get them praise and fame in every land, where they have being put no shame: And is any man then so whole that he needs not the Physician? What part hath he then in Christ which came not to call the righteous but sinners to repentance? Luke 5.31, 32. is he ever a whit the better of whom all men speaks well, nay, is he not the worse, for so did their fathers of the false Prophets: wool buyers, know wool sellers; and the shoe will hold together with the sole; Luke 5.27, 28, 29,30. flints hurt not one another, but grow orderly together; brothers in iniquity seldom falls out: let them then be filled with madness that cannot entangle me, nor shall it grieve me to be separate from their Company, nor be reproached by such men, nor to have my name cast otu amongst them as evil; Luke 5.7, 22, 23. for these busi-bodies in other men's matters, these Bishops in other men's Dioceses, as they are great strangers to themselves, having in this time their own gardens over grown with noisome weeds, so their tongues are no slander; Psal. 50.19.20. that I care not to be judged of them according to the flesh, so I may but live according to God in the Spirit, 1 Pet. 4.15. Psal. 112.4. thus though the earth be moved, and the hills be carried into the midst of the sea; though the waters thereof rage and swell, and the mountains shake at the tempest of the same, yet will the good man hold his way, and he that hath clean hands shall be stronger and stronger: 1 Pet. 4.5 Psal. 46. 1, 2, 3. no man loves him whom he fears most, Job 17.9. Job 36.14. for he is afraid of him whom he hath injured; Adam first eats and then he hides, assoon as he hath transgressed the Covenant he expects the curse. Albicrades having provoked the Athenians, was afraid to trust them, saying, It is a foolish thing for a man when he may fly, to betray himself into their hands, from whom he cannot fly; Conscience of evil and guiltiness of mind being like mud in water, Wisd. 17. the more it is stirred doth the more foul and thicken, therefore this man will use all possible means to be rid of him if he can whom he feareth, which is the reason too, that when a man hath acted his part, far beyond that which was expected, or can be requited, if he be above him that is thus obliged, all his satisfaction shall be neglect and contempt of him at the last, he than that stands upon his own legs, can make the wheels to serve the Clock, and the Goose to go on her own feet; provides for himself that which is sufficient, and lives within his compass, without being chardgeable or burt hensome unto others, when now he perceives the rain in a black cloud, revenge intended in a bended brow, regards not the shower to come, that hath so good a shelter to run unto in a storm: excesses commonly seldom go alone, great wits and great Errors, but these envious men, are for the most part highly conceited ot their own excellence, it is a very hard thing, when great abilities and vast hopes shall meet together, to govern them with moderation; private ends being in that case, apt for to engage a man's parts, and to take them off from public service, unto particular advantage; men prise their reputations as their lives, and though in some things too blame, yet loathe they are to see it, but if faithful and good men were provided for with employments suitable to their knowledge, and that might yield them a subsistence to continue them in their service, it would make men strive unto perfection, and to be enabled for duties, for the keenest edge that hath nothing to cut is nothing woth, 'tis meat keeps men alive: Miners cannot work without metals, nor can wisdom thrive without wherewith; Hercules is nothing without a club in his fist, and if they have done well before, this must more oblige them for the future, for a dog will not leap in his face that gives him meat; Claudius the Emperor was wont greatly to thank such as he had provided for Offices for that they being men worthy and capable of them, would accept them, but of late times it hath been otherwise, Offices have been provided for men, that could only receive the profits of Offices, but unable to execute the charges with which they were entrusted; that it is much better we see now a days to be happy then wise, whiles these men only dance, unto whom fortune pipes; That he labours but to grasp a running stream, saith one, that expects preferment for desert; the torch turned downwards is exteinguished with that which caused his light, the best wine makes the sourest vinegar, Corruptio optimae pessmae, man is the purest of all creatures yet being once dead is the most noisome of all others; that Cambric which is once stained will scarcely be clean, ripest wits prove most prejudicial when employed the worst way, that 'tis ill driving a Cow against the wall, enforcing men unto extremities, for when she can flee no further, she must either turn head or die; 'tis true, a bow that's long bend waxeth weak, and it may be thought a policy to weary out the best men with expectation, but there is not one man amongst a thousand, whom much provocation, will not alter from these first resolves which he hath taken up; a man may tyre the best horse; he is a black Swan indeed that will not vary, Vnum ex mille; but Nilus breeds Serpents as well as precious stones, and in all Rivers there's frogs as well as fish, and we know the worst are ever the greatest number, there is no darkness more formidable than that of an Eclipse, no malice grows ranker than that which proceeds from the Corruption of love, no taste more unsavoury than of sweet things when they are corrups, nothing more dangerous than a sharp wit employed the wrong way; a Lark we say is worth a Kite, and one piece of a Kid, is worth two of a Cat: to him then that conceit and custom hath not made good and bad alike, he will choose rather to have one fair flower grow in his garden then many stinking weeds, but I have been beholding to some yet further for their good word, who have been pleased to honour me so far, as to join me in the same yoke together with Master Kilvert, and have made it as a wonder that the Parliament should be pleased to make use of two men in their service so infamous and unworthy a concluson; you may perceive drawn from false premises, I speak but for myself, for this sentence given against me in the Court of Star-Chamber, is both the Major and Minor propositions to warrant this assertion, which being ( falsum) I may be bold to answer so, without prejudice to their Judgements: nor are they so well read in Policies howsoever, that shall think States must not employ men of all ranks and Conditions; for something a man may learn from Simon Magus as from Simon Peter, nay, a man may be counselled of Balaams' Ass, Numb. 22.28. and I am confident they shall but leap out of the frying-pan into the fire, that shall bestow employment upon such men as these, for railing at another man, more honest than themselves; nay, by thus placing their favours too soon upon such detractors, they may oft be-saint such Serpents as will sting them to death; for nothing but croaking Toads are to be looked for out of pudly Fens destruction and unhappiness from such malicious men, nor can we look for water out of an empty pot; but because these men do find it much easier to strike than fence, therefore they are so censorious; but every Puppy will bark at a dead Lion, so easy a thing it is to give a man a fall, when both his hands are bound behind his back; 'tis enough to for him to snarl that dare not by't: but the day and night being both alike to him that's blind; a Nettle and a Rose all one to him that knows no difference; I shall entreat my friends for to remember, and I hope (without scandal or prejudice to any man) I may speak it, that Master Kilverts employment and mint, and the ways we have lived in, have been of a far different condition; he was a Courtier, which I never was; he solicited for the times against such as were then honest men, and averse to their proceed, but I had the happiness to be still on the Defensive part for such, and had work enough to do besides, for to keep me but upon my own legs, and he that rows against wind and tide, to be sure must have his hands full; Psal. 71.18, 19 But O what great troubles and adversities hast thou shown me, and yet didst thou turn and refresh me, yea and broughtest me from the deep of the earth again, and comfortedst me on every side; who knows his strength that was never tried? and how can that Virgin be said to be chaste that was never tempted; 'tis the fire that purifies the gold, and afflictions that differenceth the precious from the vile, Therefore it is good for me faith David, that I have been in trouble, that I may learn thy Statutes. Psal. 119. Thus we consider the Vineyard first in the trees, but afterwards we deem it in the fruits, for 'tis not the rush, but the Diamond that is in it set, which makes it valuable; it is a man's good conversation, which makes him to be well esteemed; and although in the winter of this workd, the good an bad tree seems much alike; the Cockle and the Darnell grow up together with the good wheat until the harvest, yet a piercing eye will discover vice in the habit of virtue, for the Ass cannot dance to the Harp, nor can the Lion's skin teach a man to roar, to see a sow wallow in the mire is no news, but to see an Ermyne to do so were rare: he may judge of colours that is not blind, and though sometimes by accident, he may chance to be deceived in his judgement thereof, yet 'tis not ordinary to be so, we see the sun cannot shine without his beams, and that if the fountain cease, the River is dried up, and that tree withereth whose root decreaseth, and one man is known and differenced from another, by the Actions they perform; so that although I have been unfortunate, yet I must be content, for it is not every man's hap to attain the end of his desires, for many bends the bow, that kills not the game, layeth the snare that never catch the fowl, laboureth without reward, or regard many times, though his service be never so profitable and acceptable; but the labourer must have his hire; the Devil his due, do him right hath done thee service, least bare walls drive away good huswives, whosoever is employed in the vineyard, of common right aught to have his penny. Thus as with Ariadne's thread, I have led you into the Labarinth of my miserable life, and by which you may find the way out again, after you have once viewed and seen those many Meanders, and wind of destructions threatened, and chambers of death opened, wherein to enclose, and to have buried a poor innocent man alive: but can any man imagine why all this stir and much ado should be about nothing, to hunt after such a flea; if there were not something more in the wind than is visible; or that I can imagine to myself, what should be the cause of my persecution, for in all this time I have had neither power nor office in the Common wealth, whereby it hath been possible for me in a public way ever to oppose or hinder any of these men's proceed, and designs who have thus cried me down, and so strongly laboured to ruin and blemish me in the world's opinion; but if I be so base a fellow, the scorn and contempt of men, and unworthy of all humane society as I have been very lately traduced and blanced to be by some, it is in the opinion of such assuredly, who like cupping glasses only draw out the vicious humours of the body unto them, and like flies that are overcome with the Spirits of wine, but nourished with the froth, or like those worms, which receive their life from the corruption of the dead; and with the Prince of Devils may well have their names given them from flies, because as they resort unto sores, so these take most pleasure in the wounds and vulcers of men; that if I am become thus a Monster unto many, sure it is unto such as in the language of the Prophet David, made Songs of him in the gate, or of those, which Solomon speaks of, Psal. 61.6. Psal. 69.12. Prov. 1.22. & 15.12. & 13.1. & 24.12 Gal. 4.16 Esay 51.7, 8. Mat. 5.10 11, 12. Joh. 9.28 29. Neh. 1.7. Pro. 12.13. & 13.3. & 14.33. & 15.2 & 16.13. that delight in scorning, and loveth not him that reproveth, for it is not he that telleth thee the truth, that is become thine enemy; but my comfort against this affliction, shall be that which I have received from the Prophet Esay, Not to fear the reproach of men neither to be afraid of their revile; for when they shall say all manner of evil against me falsely; it shall be the cause of my rejoicing as the surety of a better reward, and then to be reviled for being his Disciple, though such shall say, as for this fellow, we know not from whence he is, yet herein shall be my confidence, the Lord knoweth who are his, yea whiles the wicked shall be thus snared by the transgression of his lips, the just shall come out of trouble at the last; and when such a fool is said to lay open his folly, he shall be beloved that speaketh right; and now would not Rabanus tongue be clipped for telling tales and that like Joshuahs' Spies brings an evil report upon the Land without cause; you cannot make the Wolf and Lamb to love; the Locust dies at the sight of the Polipus, and I protest it is a miracle to me, for to conceive that men so full of State and greatness, should waste and consume so much precious time, from their more weighty and great employments, as once to foul their fingers, or spend their breath about so poor and inconsiderable an object in their estimation and esteem; and it were much more for the praise of their wisdom, and for my ease and quiet I am sure, if I might be so much beholding unto them as they profess, that they would be pleased to let me alone to move among the stars, that cannot attain to be as glorious as the sun: but they know what it is to offer wrong to a Dove or sheep, that will not resist again, though pressed to death: and I thank my God I have no ambitious thoughts, for if I may but live to keep the Wolf from the door, enjoy a competency to live after the way and manner in which I have been bred, I profess seriously, I look not after eminency, and those great honours and preferments in this life, which as Solomon saith, are but mere burdens and nothing else; Eccles. 1.18. for that man can hardly be master of his passions, that is not master of his employments, a mind ever burdened being as a bow always bend, which must needs grow impotent and weary, so that our minds as our vessels must be unloaded if they would not have a tempest hurt them; there being far more content to be found in a mean and poor Cottage, than in a rich and stately Palace; Pro. 15.16, 17. & 16.8. poor quiet being the truest riches; that as the fig tree, though least beautiful and bears no flowers, yet is far from thunder: and tell me, is not the dog more to be praised that hunts till he be spent amongst the bushes and briers, than he that only can run at gaze, and over the plains and Champion fields, and cannot endure that his tender skin should be scratched; there is no wool so course, but it will take some dye, no creature that God hath made in vain, and therefore I shall not think so meanly of myself, as mine enemies would have the world for to believe of me, until more than words make the bargain, for such vain speaking is but as a shot of powder without a pellet, a great storm and nothing but wind; for where there is only a bare report to convince a man of an offence, though Cato were the Author of the relation, it will not be credited of wise men for all that; he that justles another shakes himself, and if he take snot the better heed, may have his luck that rides a Colt with a naughty bridle, to be quickly set besides the Saddle, or as he that walks in the dark, which stumbles and catcheth an ill turn ere he be ware. I have now almost eaten up my loaf unto the pin, and cannot recall that stone which is already cast; but if I were to begin my days again, by that woeful experience which I have had of things, I should weigh the scale a little better, and make the balance more even before I dealt out my commodities, for opinion I see can travel through the world without a passport, but truth cannot do so, for whom fame hath advanced lives uncontrol'd, and when he stands still none must go forward, and he needs must swim that hath Neptune for his guide, whiles a strong brain without preferment must be depressed with despite as a dangerous creature, and then to be looked upon with wonder, as the Sun in his Eclipse, and as upon the Moon in her Wain; and if that will not serve the turn, more ways shall be found out yet to kill a dog than by hanging: this man having an Art like the virtue of that River in Arabia, that turneth dirt to silver, and gold to dross; but 'tis a blind Goose, we say, that knows not a Fox from a Fernbush; the man from the master, by the Livery that he wears; and though old trees do but live to gather Moss, yet grey hairs, by a long experience, can difference Brass and Copper from gold, and tell, that though the first makes the greater sound, and are heard farther off, yet the latter is the more precious mettle: But for the comfort of the upright in heart, there can never be such an emptiness in the creature, Hab. 3.18. of those that do belong unto the Covenant of Grace, but even then it is supplied with fullness from heaven, when it is least visible to flesh and blood, as when there was no corn in Canaan, Gen. 41.57. & 8.42. & 2.14. than Joseph unexpectedly sent before into Egypt, had provided sufficient for his father and his brethren, when they were ready to famish: and Christ had meat to eat which his Disciples knew not of, when they thought he was read to have perished for want of food; so when David returned from Aphek to Ziklag, and found it burnt with fire, and his two wives, and all that he had, and the women and children of his followers taken Captives, 1 Sam. 30. so that he and the people who were with him, Esay 25.5. lift up their voice and wept, until they had no more power to weep, and that David was so distressed that the people spoke of stoning him, yet than he encouraged himself in the Lord his God, 2 Chron. 20.12. and pursued the enemy, overtook them, and rescued and took the whole prey out of their hands again; and so was it in the case of Jehoshaphat when the children of Moab and Ammon came out against him to battle in multitudes, when he knew not otherwise what to do, his eyes were upon his God, and he delivered him; so that though the sun be hid in a cloud, yet his glory and power is no whit diminished, and it will appear and shine again: and though the streams be dry, yet the fountain is still the same, and will fill the Channels: that although in the winter of many infortunities, there be neither leaves nor bloes? sums that do appear upon this tree, yet whiles there is sap sufficient left in the root, it will make both boughs and branches to flourish and grow green, when the spring time of favour shall approach; Acts 3.19. and when the times of refreshing shall come from the presence of the Lord: no man knows so well where the shoe wrings, as he that wears it; a sturdy Beggar gets no alms, because he will not acknowledge his wants: but whatsoever my adversaries may report, or other men think of my Estate, I may not be ashamed to inform my Necessities, and to open those sores which may procure your Charity, and herein I will not be found a Liar, let malice and the black mouths of detraction say what they can against it. I have lost by the Rebellion in Ireland, in personal Estate, five thousand seven hundred sixty nine pound; the particulars whereof I can make appear by the Oaths of divers, which I have ready to produce upon occasion; I lost the possession of a Manor, and two thousand Acres of as good Land, Meadow, and Pasture, as any in the County of Meath, there where I dwelled, which was under a part of this stock, of which I had a Lease for forty one years of some, and sixty one years of another part of it, and within those Leases had the Tithes of as many out Parishes as paid the whole Rent reserved and more, and so I enjoyed the Land free: And upon which I had built, and otherwise improved it, in which I expended above one thousand two hundred pound, besides the situation of the place for Markets, and every accommodation whatsoever, that no man could dwell in a more Commodious seat. I lost the possession of another Manor, and of five thousand twenty two Acres of Land, Meadow, and Pasture by Survey, all within a hedge, being my Inheritance and Fee-simple Estate, which did yield me in present Rent six hundred pound per annum, or there abouts, was never improved by reason of my absence here in England, for four years together upon the late Earl of strafford's persecution: there is above one thousand five hundred Acres of this is as good Meadow and Meadowable Pasture as any is in that Kingdom, two thousand Acres more of it is as good Wheat Land, as Grain can be sown upon; the rest good land to feed sheep upon; that I am sure, valuing the loss of my yearly revenue in Rent, but at one thousand pound per annum, I am no Liar, let malice say what it can unto the contrary, and all this taken from me by the Rebels, the 24. of October 1641. the next day after that bloody and traitorous design was to have been executed at Dublin; but God Almighty giving me my life for a prey, and the lives of my Wife and Family, being miraculously delivered from the Enemies surprise in the dead time of that night attempting it, hath answered all these my losses, and bound me to a perpetual thanksgiving and acknowledgement thereof unto God for this deliverance; I lost the use of my profession also, by which I profited yearly more than all the revenue of my Estate besides, and for all this, I shall not be ashamed to say with the Patriarch Jacob, With my staff I passed over this Jordan, Gen. 32.10. by which I became those two Bands: and being despoiled of all this again, as I went, I returned, in a disconsolate Estate; yet with holy Job, looking up unto heaven, from whence cometh my help; after this I had no sooner set the sole of my foot upon my Native soil here again, but I met with many Comforters, and was offered a competent livelihood for myself and family, to have absented this City, but was dissuaded to embrace those offers, with promise of a sufficient supply, if to plant here and assist the common cause; and truly my affection to the service and the assurance I had for my subsistence, was from men so eminent in places and authority that I had no reason to doubt of the performance, but being once engaged; God Almighty, to let me see there is no dependence, but upon himself alone; took these men away, and left me only to await upon his Providence; and having now served the State this three year's space and more, here in several Committees and otherwise, to the best of my abilities, you will see in the sequel of the Story, what my reward hath been, for all my labours and faithful performances herein; and I have been informed that some have not been ashamed to give out, that I have gotten ten thousand pound in this time, in these employments, which is a thing so gross and noteriously false, that all men that but understands what I have had to do, will cry him down for a son of Belial, that shall have such a fiction in his mouth; I protest upon the faith of an honest man, that I have not in this time, had so much allowed me in the places and Offices wherein I have served for Salary in the over sight of some Treasuries for the Irish account, as hath given me and my family bread, and more than what hath been freely given me for my pains, I defy any man to charge me with, and all which is visible and to be seen, upon record to be much under three hundred pound, and I have spent four hunded pound more in this time, which hath been the benevolence of my friends; and were I not bereft of my whole Estate and fortune by that Rebellion as I said before, I should as freely serve without reward in this Cause, as any man alive, and shall as willingly contribute what I am able to it, as any man whatsoever: but those that asperse me have dealt with me herein, Jo. Paul. Herein. de Albing. l. 1. c. 2. as the Pope anciently did with the Albingenses in France, Who having a mind for to ruin them, entertained them in Treaties and Conferences, that in the mean time he might prepare his great Armies the more suddenly to destroy them: so are they such who made fair weather with me a long time, till they had served their own turns, and gained their own ends, Ecces. 6.8.9.13. and then have requited me with this bad language only for my labour, and now it is but justice to do him right, that hath suffered all this wrong, and but Christian compassion now at last to take that burden from my back, which hath so long, so heavily lain upon my shoulders, but if my time of rest and quiet, be not yet come, since vengeance is only God's Prerogative, I shall leave Jove's thunderbolt in his own hands, and in the mean time scorn the wrong, and so shall sufficiently be revenged of the injury, and shall thus conclude with that of Jethro unto Moses, Blessed be the Lord who hath delivered me out of the hands of the Egyptians, and out of the hands of Pharaoh, Exod. 18.10, 11. for thus I know, Psal. 9.16, 17, 18. Rev. 15.3. Psal. 31.26. 1 Pet. 2.12. Tit. 2.8. the Lord is greater than all Gods, for in the thing wherein they have dealt proudly, he was above them, and the needy shall not always be forgotten; the expectation of the poor shall not perish for ever; in which assurance I shall still labour, and by a good conversation strive to shame the Gain-sayer, that he that is of the contrary part, may so be ashamed in the latter end, as having nbo evil thing upon just cause to say against me: These are the mites I tender to your Corban, the Turtles I have to offer at your Altar; and having no better to bring, I hope my good meaning shall supply the rest, and if I have dwelled too long upon this Subject, excuse me, it being an error of affection, that in my own cause may thus haply misled my Judgement, and it being in my first entrance upon such a task, it is no wonder if you shall find me to deserve your reprehension: he may mar many an Instrument at the first that learns Music, but S. Austin saith, Non est multiloquium, quando necessaria, etc. But the Judgement is, and myself Yours, JEROME ALEXANDER. ERRATA. PAge 3. line 49. read Interrogatories, p. 7. l. 37. add they, p. 8. l. 2. omit be, ibid. l. 27. read excessive, ibid. l. 47. read adversary, p. 20. l. 20. read at, ibid. l. 34. add as, p. 13. l. 49. read Interrogatories, p. 23. l. 2. read to, ibid. l. 37. read that, p. 25. in the Affidavit read is, p. 28. l. 7. for his read this, p. 28. l. 43. for 100 l. read 130. l. p 32. l. 4. for an read and, ibid. p. 24. for into read unto, ibid. l. 42. for me read one, p. 33. l. 42. for than, read that, p. 35. l. 40. omit the, p. 39 l. 39 for in read into, p. 38. should be, p. 40. l. 26. for the word for read from, p. 41. add one in the title of certificate, p. 50. l. 37. for agust read against, p. 53. l. 1. add him, p. 59 l. 7. for with read to, p. 66. l. 42. for recount read account, p. 71. l. 12. for these words an Act of Common Council read an Act at Council Table, p. 82. l. 35. for they read the, p. 83. l. 26. for all his witnesses read all the depositions of his witnesses, p. 84. l. 25. for into what sad a condition read into what a sad condition, p. 87. l. 26. omit to, p. 100 l. 33. for us read as, p. 109. l. 1. the first word read endeavoured, p. 115. in the last line but one, for both read but. Errata in the Epistle. FOr oblation, p. 2. l. 37. read obligation, p. 3. l. 27. for wherein read whereon p. 11. l. 34. for receive read review, p. 20. l. 37. for brarded read braided. The Case of Jerome Alexander Esquire, concerning a Sentence given against him in the Court of Star-Chamber, the seventeenth day of November, in the second year of the Reign of our Sovereign Lord King Charles: Which said Sentence followeth, in these words: In Camera Stell. coram Concil. ibid. Decimo septimo die Novem. An. 2 Car. R. Domino Custod. magni Sigilli Angliae. Domino MANDEVILE Praesid. Comite Bridgewater. ROBERTO NANTON Mil. JOHANNE COKE Mil. uno Secretary. Regis. Archiepiscopo Cant. Episcopo London. Capt. Baro Scancii. HARVEY Justice. de Comuni Banco. THis day came to be heard, by special Order of this honourable Court of the 10 of this instant November, a very foul Offence, Practice and Misdemeanour of one Jerome Alexander an Utter-Barrester at the Law, Plaintiff in this honourable Court, against John Yates and others, late Defendants: which Cause was heard in open Court on the 25 of October last: At the hearing of which Cause, the main wherewith the said Yates stood charged, was, The threatening and terrifying of Witnesses which the said Alexander was to produce at a former Trial of Nisi Prius in the County of Norfolk, between the said Yates then Complainant, and the said Alexander then Defendant; for proof of which Offence and Misdemeanour against the said John Yates, the said late Plaintiff Alexander produced only two Witnesses, namely, Robert Warren Clerk, and John Warren his brother, whose Depositions were openly read in Court; and the Deposition of the said Robert Warren was positive and direct, of his own knowledge; and the Deposition of the said John Warren was upon hearsay: Yet the said Alexander, for his own advantage, had blotted out and defaced the copy of the Deposition of the said John Warren, taken in Court unto the 39 Interrogatory on the said Alexander's part, in these two words, viz. (that and did) and delivered the same copy of the said John Warrens Deposition to the said 39 Interrogatory, with the words (that and did) so blotted out and defaced as aforesaid, to his Attorney in this honourable Court, to be read in Court upon the hearing of the said Cause, against the said John Yates, which was read accordingly; and by that means, the said Deposition of the said John Warren was made positive and absolute, as of his own knowledge: and thereupon this honourable Court, and all the honourable Presence here sitting, were much abused and misled to give their Judgements and Opinions to sentence and condemn the said John Yates for that Offence of threatening and terrifying of Witnesses, and for the same to fine him the said Yates to pay to his Majesty's use 100 Marks, and to be committed to the prison of the Fleet, and the Warden of the Fleet had thereupon taken him into his custody accordingly: But, upon the rising of the Court, that day the Solicitor of the said Defendant Yates shown to the Right honourable the Lord Keeper the paper-copy of the said John Warrens Deposition, which the said Defendant had out of this Court, wherein the said words (that and did) were fair written, and stood in the said Deposition to the said 39 Interrogatory without blotting, defacing or interlineation; whereby it plainly appeared to his Lordship, the said Deposition to be but upon hearsay: His Lordship thereupon acquainted all the honourable Presence therewith in the inner-chamger, and, with all their Lordship's consents, respited the entry of the same Sentence, and ordered that the original Deposition should be brought into the Court, the next sitting-day to be perused, seen and viewed by all their Lordships, and thereupon to give their Order and Sentence; and in the mean time the said Yates was set at liberty, and discharged of his imprisonment: Whereupon, the paper-copy of the said John Warrens Deposition being obtained by Master Jones, being Attorney for the said Alexander in that Cause, from his the said Alexander's Clerk that carried his Books, was forthwith showed by the said Master Jones to the Right honourable the Lord Keeper, and other the Lords then present, wherein the said two words (that and did) were defaced and blotted out of the said John Warrens Deposition to the 39 Interrogatory; which had been openly read in Court, and misled the Court to sentence as aforesaid, and by that means his Deposition was made positive and absolute, as of his own knowledge; whereas by the said Defendants copy of the said Deposition, first showed to his Lordship, with the words (that and did) fair written therein, was upon hearsay. Shortly afterwards, viz. before two of the clock that afternoon, the said Master Alexander came to Grays-inn, to the said Master Jones his chamber there, and then and there, in presence and hearing of Master Hooker one other of the Attorneys of this honourable Court, in great perplexity, as it then seemed, fell into some passions, saying, What an infortunate man am I! What will become of me? And then being demanded by Master Hooker and Master Jones, Of whom he had or received his copies of the said Depositions, (whereof that was one) answered, He could not tell whether he had received it from the Examiner or from Henry Nevile Master Jones his Clerk, with many bitter and heavy imprecations and oaths, vowing and protesting, He knew not of the blotting out of those words or altering the copy, and that the copies were as he first received them. Whereupon, the said Alexander, Master Jones and Master Hooker went all together into the Examiner's Study of this Court, to see the Record of the original Deposition of the said John Warren to the said 39 Interrogatory on his part; which being showed unto him by the Examiner, the Record was fair and plain, with the words (that and did) therein, written, with the hand-writing of Master Gay the Examiner, who died in August last. Hereupon the said Master Alexander used the like speeches as before he had done in Master Jones his Study, and so departed. Yet afterwards the said Alexander, desirous and plotting how to excuse himself of defacing and blotting out of the said two words (that and did) out of the copy 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-inn, and, before Matthew Goad Esquire, Deputie-Clerk of this Court, being sworn upon the holy Evangelists, did make a voluntary Oath and Affidavit, That he, having retained Master Jones for his Attorney, and Henry Nevile his Clerk, to take care and solicit his said Suit: and the Cause coming to publication, the said Nevil undertook to procure for him, the said Alexander, the copies of the said Depositions taken in that Cause, and for that purpose received not only the Fees and Duties for such copies as he procured for him the said Alexander, but likewise had extraordinary reward and satisfaction for his pains therein; and that the said Nevile went with him the said Alexander to the Examiner's Office of the Court, and there procured other copies of Depositions belonging to this Cause, which were delivered to the said Alexander in the presence of the said Nevile, amongst which was contained the Deposition of the said John Warren: That done, he repaired with the said Books to Master Hudson, being of his counsel, to be advised, and to peruse the same Depositions: All which Depositions being perused accordingly, as well of the said John Warren as the rest, and his said Counsel conceiving the said John Warrens to the 39 Interrogatory to be something doubtful, 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 truly copied; and that accordingly the said Alexander repaired therewith to the said Nevile, and informed him what his Counsel had directed for examining the copy; and the said Nevile took the said Deposition of the said Alexander, and carried it to the Examiner's Office: but the Examiner not being within, the said Alexander did leave the said copy of the said Deposition with the said Nevile to be examined, promising him satisfaction and content for his pains: and shortly after, the said Alexander called to the said Nevile for the same, who told him, That he had examined the said Warrens Deposition in that point with the 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) razed in the said Warrens Deposition, as it now was in the said copy; and after that, the said Alexander gave him satisfaction for his pains and search. And the said Alexander deposed and protested upon his Salvation, That the said several words (that and did) were in the said Warrens Deposition fair written, when he delivered the same to the said Nevile; and that the said words were razed and blotted out, as they then were, when he received the same back again from the said Nevile, showing the same to the said Master Alexander, and said, That he had made it to agree with the Record. And the said Alexander protested and affirmed, That the same was not altered or blotted out, either by him or any other to his knowledge, other then by the said Nevile as aforesaid. And the said Alexander deposed, That the said Nevile was trusted with the charge and care of the said Cause: and having taken upon him to draw the Bill, and part of the Interrogatory, and took upon him the soliciting and managing of the said Cause, and over and besides what he had received, he moved the said Alexander to promise him further satisfaction after the hearing of the Cause. At which next sitting, being the 27 of October last (according to the said Order) was brought into this honourable Court the Record of the original Deposition of the said John Warren, taken upon the said 39 Interrogatory, and was seen, read and perused by this honourable Court, wherein the said two words (that and did) were fair written, without any blotting, defacing or interlineation; and thereupon the said Master Jones made humble suit to this honourable Court, that he might be sworn in open Court, for the clearing of himself of any manner of suspicion, or the least touch that might have been imputed unto him thereabouts; who was sworn accordingly, and upon his Oath delivered, That, to his uttermost knowledge, he never saw the said paper-copy of the said John Warrens Deposition, before it was put into his hands to be read, at the hearing of the Cause the last Sitting before. Whereupon, all the honourable Presence openly pronounced the said Master Jones to be innocent and clear from the least suspicion of being privy or consenting to the said blotting or defacing of the said copy. 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 corporal 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 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 public reading of the said alexander's 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 guiltiness of the said Offence. The Court was pleased to required the Lord chief Justice of the King's 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 solicitation of the said Nevile, on the seventh day of this instant November, returned into this honourable Court their certificate of all their proceed 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 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: 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 final Sentence or Decree therein that day; but gave the said Alexander time until the next sitting-day, to show 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 copy 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 in this honourable Court.) Whereupon was read again, in open Court, the said alexander's 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 apparent contrarieties between the said Alexander's 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 corporal Oath deposed, That the said Alexander had formerly been taken very foul in his own cause, in the same kind or worse, at a Trial in the county of Norfolk, at an Assizes holden at thetford, before the said Master Justice Dodderidge (who bond 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 copy 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 Counsellor at Law, publicly 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 Governors of that House, and to pay a Fine of 500l. to His Majesty's use, be committo the Prison of the Fleet; and before his enlargement out of prison, shall publicly, at the Bar of thisCourt, in humble and submissive manner, acknowledge his great offence against God and this honourable Court, and shall show himself very penitent and sorrowful for the same. And this honourable Court pronouncing the said Nevile to be clear and free from committing or being privy to the committing of the said Offence of blotting out the words of the copy aforesaid, and gravely considering the great trouble, loss, 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 innocence 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 satisfy and pay to the said Henry Nevile, for and towards his loss and damage in that behalf, the Sum of 50l. of lawful money of England. Jo. Arthur Dep. Jurat. 5 die Maii, 1642. Ro. . Thomas Talbot of London, Gent. doth depose, That this Writing is a true copy 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-copy of one John Warrens Deposition, taken in the Cause wherein he was Plaintiff in the said Court against John Yates and others Defendants: In anno secundo Caroli Regis. First, against the Dismission: 1 THat it was given against him, notwithstanding good cause and proof appearing within the Books to have sentenced the Defendant Yates for that offence of terrifying of Witnesses and tampering with them, albeit John Warrens Deposition to the nine and thirtieth Article had been wholly set aside; and albeit John Warren, in his Deposition to other Articles, proves in effect the said Yates guilty of the said offence. 2 That albeit Yates, upon the said Hearing, was once fined for the said Offence; yet he was afterwards dismissed, when sufficient matter thus appeared against him. 3 That the Dismission was given, and costs awarded against him, when he had proved some part of his complaint against some other of the Defendants besides Yates, who dying before the hearing thereof, escaped a censure: for which cause (the act of God only intervening) he ought to have had his costs, and not paid costs. 4 That this Dismission was given, when it appeared to the Court by so much of the causes as was already heard, that he had probabilem causam litigandi; and therefore if he should have had no costs, aught by the course of the Court to have paid no costs. 5 That 130l. Costs was taxed by the late Lord Coventry, then Lord Keeper, against him, whenas by the Bill of costs it doth appear, that they are very immoderate and extreme: 1 First, by the sum and total thereof, summoned up in the foot of the said Bill of costs, there appears to be 36l. 10s. or thereabouts, cast into the total of the said Bill, more than (re vera) the same do amount unto, by the particulars of the said Bill; which must of necessity be done, to give colour to tax and allow the more costs against the Petitioner. 2 That there is 76l. 10.4. set down for the Defendants travelling, charges, and sometimes 8l. and 12l. and more in a Term, when in all that time, after the appearance and answers put in, their cause was commonly followed by their Agent and Attorney, who have their Fees allowed them in the Bill of costs besides. 3 That in the Bill of costs 40l. and more is set down at least, for counsel-Fees in nine Terms, and sometimes 12l. in a Term; when, by the ordinary Rules of the Court, the Defendants should have had allowed but one counsel in every of these nine Terms, and but 10s. a Fee in every Term; for, what is given more, is of the clients own superfluity, and not to have been charged upon him: So there is 116l. 10s. and more set down for travelling, charges and counsel-Fees. Secondly, against the Sentence: That it is illegal and without foundation, for the matter and manner of the said Sentence: besides, That the paper-copy of that Deposition in which the words are supposed to be blotted he could never see to this day, to be satisfied that it was so; it being taken from his servant in his absence: nor had he perused it of near three years before that time, but were with his Solicitor attending for a hearing. First, for the matter of it. It is alleged in the Sentence to be done by him for his own advantage; which is not so: 1 Because it appears he had no need to help the testimony of that Witness by so indirect a course, because it appears clearly in the Books, that there is sufficient testimony besides, for the proof of that Charge. 2 It cannot be presumed that he, who had probabilem causam litigandi, and therefore by the course of that Court was to have paid costs, albeit the Defendant had not been fined, would commit a Misdemeanour which would not redound any thing to his benefit. 3 It cannot be presumed that he would have done that act, which must of necessity have been controlled by the Defendants copy then present in Court, and by the Record itself. 4 It cannot be presumed any such act would have been done so grossly, a mark of eminence being made in the Margin, which would have made the thing the more remarkable. Secondly, 1 Paper-copies of Depositions and Records are not credited till be justified for true copies upon Oath; which he never did do, as appears by the Sentence. 2 The common-Law (and that Court of Star-chamber imitating the Law in that) have never punished offences of this nature with more than the loss of the fruit of that thing intended in it. 3 If Offences of this nature begin but by the tender of them to be read, it cannot be applied to him as an Offence; for Nevile his Solicitor in the cause had the Books and managing of the cause at the hearing, and delivered them to Master Jones his Master, and Attorney in the cause, to read. Thirdly, In all causes criminal, if the supposed Delinquent deny the fact, there ought to be no proceeding without Bill, or Information, Answer and Examination of Witnesses, so that the party may make his Defence in this case: He did upon his Oath deny the fact objected, yet the Court proceeded without Information, Bill, Answer or Examination of Witnesses, whereby he lost the be benefit of making his just Defence. Fourthly, against the ground of the Sentence, viz. the proof of the fact objected. 1 First, he did upon his Oath deny the fact, and there is no proof at all, either by confession, deposition or otherwise, to convince him. 2 That testimony which is produced is then such, upon whom the crime must have fallen in case he were not guilty, so that testimony only tended to purge such as deposed it, Nevil himself. 3 That M. Alexander, against all ordinary proceed of Justice, after he had purged himself upon his Oath, was again enforced to be sworn and reexamined upon his Oath, to have accused himself; and this his reexamination pressed against him in the Sentence, against the truth thereof. 4 Matters extrajudicial and divers from the thing in question, is received and deposed against him, and inverted in the Sentence, contrary to all ordinary Rules of proceeding, and to the truth itself. Fifthly, against the sentence itself. 1 It is given against him without any legal notice, and in his absence, necessitated upon real occasions, whereby he was disabled to make his Defence. 2 It was interlaced with divers scandalous and impertinent suggestions, thereby to render him causelessly odious, and with some untrue surmises, viz. of proof of the crime, and of contradiction in his Examinations; neither of which are so. 3 In case the Proceed had been legal, and the Fact had been proved; yet the Sentence is excessive: 1 Excissive, in respect he had suffered before, viz. the reversal of a Sentence pronounced for him, and taxing of 130 l. costs to the Defendant. 2 Excessive in itself, disabling him to use his profession, either publicly at the Bar, or privately in his chamber. 3 Fining him 500 l. to His Majesty. 4 In adjudging him to Imprisonment till he should make a public Submission in Court, and confess himself guilty of the Offence whereof he was innocent. 5 In inviting his expulsion out of the Society of Lincolns-Inne, whereof he was a Member; which thereupon was done, and his chamber seized and taken from him, for no other cause. 6 In giving 50 l. damages to Nevile, who was the wrongdoer, and guilty of the said Offence. Sixthly, against the Proceed after the Sentence. 1 That the Fine was passed under the Great Seal to one Master Humphrey Fulwood, than Master Secretary Coke servant, and the greatest part of it paid without such Instalment as is usually allowed of course in such cases, 2 That by means of the late Lord Coventry, then Lord Keeper of the Great Seal of England, his great advesary, and of the late Earl of Strafford, as ill affected to him; His Majesty's Grace and Favour for pardon, being then all the means left to give him being in the world, was continually interrupted and kept from him, that by many years solicitation of hisfriends in his absence in Ireland, and of many noble Personages at Court, it could not be obtained. And when at length his father in law, with much ado, prevailed with His Majesty for it; yet the said Lord Coventry so prevailed with His Majesty, that he caused a Condition to be inserted in it, That he should not have liberty to use his Profession here in this Kingdom, to put him out of all hopes of returning; well knowing that he was resolved to question his injustice, whereof there needed little other proof than the very Sentence itself. Then, to make good these Exceptions, I shall take the Sentence asunder and in Parts, and so proceed to show the apparent Injustice done to Master Alexander by it, and the Errors and Irregularity thereof. 1. THis day came to be heard, by special Order of this honourable Court of the 10 of this instant November, a very foul Offence, Practice and Misdemeanour of the Jerome Alexander an Utter-Barrester at the Law, and late Plaintiff in this honourable Court against John Yates and others, late Defendants: which Cause was heard in open Court on the 25 of October last: At the hearing of which Cause, the main wherewith the said Yates stood charged, was, The threatening and terrifying of Witnesses which the said Alexander was to produce ac a former Trial of Nisi Prius in the County of Norfolk, between him the said Yates then Plaintiff, and the said Alexander then Defendant. Sentence fol. 1. In this first observe, The Sentence is given so soon as 'tis begun; and before any matter shown to prove the Fact, Master Alexander is pronounced guilty of a foul Offence, Practice and Misdemeanour; according to that Rule of Matchiavil, who adviseth to cast dirt enough in the face, and some will stick; to scandalise with many Reproaches, and the party, though never so innocent, shall not go away without some stain in his Reputation. Nor was the said Yates his threatening and terrifying of Witnesses therein mentioned the main wherewith the said Yates stood charged in that Suit wherein Master Alexander was Plaintiff against the said Yates and others Defendants, as the said Sentence unjustly recites; but the said Yates, in that Suit, was likewise charged with Subnornation of Perjury and Imbracery as well with that Charge, and which stands proved against him in that Suit. To make this appear, you shall understand, that in Easter-Term, 19 Jacobi, Master Alexander preferred his Bill of Complaint in that Court of Star-Chamber against Owen Godfrey Esquire, for Perjury; John Yates, for subornation of Perjury, and for embracing of Jurors, and for tampering with and terrifying of Witnesses; and against Allan Lampkin, William Wacy and John Laurence, Jurors by Yates embraced. The Bill sets forth, that, About the the 30 of April, anno 14 Jacobi, Master Alexander's father, then deceased, did, together with one Edward Olifer, and for his only Debt, cause three Writings to be made, purporting Writings obligatory, with penalties of 10 l. apiece, mentioned to be conditioned for the payment of 5 l. apiece to the said John Yates at three several days: which being written, subscribed and sealed by the said Olifer and Master Alexander's father, were delivered into the hands of one Christopher Kirby, with him to remain as Escrolls, with this intent, That if the said Yates should deliver up into the hands of the said Kirby one Obligation of the penalty of 40 l. conditioned for the payment of 24 l. wherein the said Olifer stood bound unto the said Yates, to be canceled; that then the said Christoper Kirby should deliver the said three Writings into the hands of the said Yates, as the Acts and Deeds of the said Olifer and of Master Alexander's father; or otherwise not. And further set forth, that the said Yates did never deliver up the said Bond of 40 l. into the said Kirby's hands to be canceled, but refused so to do; and therefore the said three Writings remained as Escrolls and void. That shortly after the said Kirby died; and after his decease, and after such time as the money was to have been paid, if the said Writings had taken effect, the said Yates, by some sinister means, gains the said three Writings into his hands, and putteth the same in suit against Master Alexander's father, as if they had been his Deeds; who pleaed this especial matter, and concluded non sunt facta: Whereupon, issue was joined; but before the Trial Master Alexander's father died, and made his said son his sole Executor, who proved the Will; and after, Yates commenced Suit against him as Executor to his father, upon the said three Writings; to which Master Alexander pleaded the same plea as his father had done before: And issue being joined, the said Yates had three several times taken out the Record of Nisi prius, and warned Master Alexander to a Trial, which he attended, to his extreme charge; but still Yates durst not try it: Then Master Alexander took forth the Record, to try it by Proviso; when the said Yates had secretly taken the same Record out also: And now assuring himself that Master Alexander would be secure, first, before the said Assizes, the said Yates, the more for to colour over the matter, laboured to have the differences put to arbitration: which being condescended unto, the Arbitratours met, and heard the differences; but did make no end: and presently afterwards, Yates endeavoured to have stolen a Trial of the said Cause, before Master Alexander and his Witnesses should have come to Town, where the Assizes were kept; and the said Yates accordingly procured the same Cause to be called upon within an hour or two after Master Alexander came to the Town, altogether unexpected to Master Alexander: and the Cause so coming to a Trial, and the Issue being, Whether the said three Writings were delivered as the Deeds of the said Olifer and Master Alexander's father absolutely, or as Escrolls; Master Alexander produced five several Witnesses, those whose names were subscribed as Witnesses to the said Writings, as others also present at the making and delivery of them to Kirby; and one of them being a reverend Preacher and the maker of the Writings, and the rest Gentlemen of good rank and quality; all which proved fully and clearly, that the same three Writings were delivered as Escrolls, in such manner as Master Alexander had pleaded: Against which Yates did produce the said Owen Godfrey, who notwithstanding did depose and swear, that the same three Writings were delivered absolutely, without any condition. And albeit it was further proved by Master Alexander, that the said Master Godfrey was not present in the place when and where the same were so delivered as Escrolls, yet upon his only Testimony this Lampkin, Wacy and Laurence, being sworn upon the said Jury, and friends to Yates, and by him embraced beforehand, did draw all the rest of the Jurours to give a Verdict thereupon, for Yates, against Master Alexander, and against the truth: For which Perjury and Subornation and Embracery, and for Yates his tampering with and terrifying of Master Alexander's Witnesses, to have made them silence the truth, were the Charges of Master Alexander's Bill, and causes of his Complaint. In Trinity-Term, 19 Jacobi, the Defendants answered. In Easter-Term, 20 Jacobi, Publication passed. In Michaelmas-Term, 20 Jacobi, the Cause was set down for hearing. In Michaelmas-Term, 2 Caroli, the Cause came to be heard. And thus it stood near four years at hearing before it was heard; so hard a matter it was, in those days, to procure a hearing in that Court. Then, to prove this matter of the delivery of the three Writings in manner and form as Master Alexander hath alleged, and consequently, the direct Perjury of the said Master Owen Godfrey, see Robert Warren Clerk, li. A. fol. 23. to the 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 Interrogatories, who proveth it in these words: That he was at the Prison kept by Christopher Kirby in Fakenham, upon the 30 of April, in the 14 year of His Majesty's Reign (which was the 14 year of the Reign of King James) the Depositions being taken in his Reign) this Deponent being then in Durance in the said Prison) in the morning of which day the said Christopher Kirby came to him this Deponent into the chamber where this Deponent lodged, and gave him this Deponent Instructions to make and write four Writings, in three whereof the said Edward Olifer and one Jerome Alexander father unto the now Complainant, were to stand bound unto the said Yates in the penalty of ten pounds apiece, for the payment of five pounds apiece, at three several days in the Conditions of the said Bonds of Writings specified, and the fourth of the said Writings to be entered into by the said Olifer alone, in the like penalty of ten pounds, for the payment of five pounds to the said Yates at a certain day mentioned in the Condition of the same. And when he the said Christopher Kirby had given him this Deponent Instructions for the making of the said Bonds, he willed him to make present dispatch of the writing of them, so that, as he said, the Complainants father was to come that afternoon to seal unto the same. And saith, that when he this Deponent had made an end of writing the said Writings obligatory, and hearing that the said Complainants father was come into the house, he this Deponent brought them down and delivered them to the said Kirby, whom this Deponent found in the Cellar of the said house, where the Complainants said father, and the said Edward Olifer, and one Robert Dye, Peter Browne and some others were. And he saith, that the said Complainants father having perused three of the said Writings wherein himself and the said Edward Olifer were to be bound, he the Complainants said father and the said Edward Olifer did seal the same: and whiles they were ensealing, it being reported that the said Defendant Owen Godfrey was come into the said house, and was gone into the Parlour, the said Master Kirby made haste to go up to him; and being upon the stairs, the said Jerome Alexander the Complainants father called to him and requested him to stay, saying, They would make an end ere they left: and thereupon the said Kirby came two or three steps down the stairs; and staying there, the Complainants father and the said Edward Olifer delivered the said Writings, the Complainants said father using these words; Master Kirby, we deliver you these Writings to remain in your hands as Escrolls, upon condition, That if Yates shall deliver into your hands a Bond wherein Edward Olifer standeth bound to him in 40 l. to be canceled; then these Writings shall be our Deeds, otherwise not. With which manner of delivery the said Christoper Kirby found fault, and, using to call the said Jerome Alexander Master, said, Master, I like not these conditionall-Deliveries; I pray let me have it otherwise. And the said Master Alexander replied, Choose whether you will have them or no, I will deliver them not otherwise; for unless Yates deliver you the old Bond first, he shall have none of my Bonds; (or words to that effect) therefore I charge you that you keep these Writings in your hands until that Bond be first delivered: with some other words of committing a trust to him in that behalf. Which being done, and the said Christopher Kirby hasting to see the said Owen Godfrey, he carried the said three Writings in his hands up the said Celler-stayers, and thorough an Entry, and so up to the upper end of the Hall in the said house, near towards the Parlour, he there delivered the said Writings to him this Deponent, and requested him to set his hand to every of them as a Witness, saying, that the said Christopher Kirby should set to his hand afterwards well enough. And this Deponent further saith, That in the afternoon of the same day, after they had dined in the Parlour, he this Deponent brought down the said Writings, with this Deponents name subscribed thereunto as a Witness: and delivering them again to the said Christopher Kirby, being then in the said Parlour with the said Owen Godfrey, and the said Jerome Alexander the Complainants father, and one Matthew Lancaster, John Allen, Edward Olifer and some others: and this Deponent laying the said Writings before him the said Christopher Kirby, supposing he would have subscribed his name unto them, the said Christopher Kirby first spoke to the said Owen Godfrey then sitting at the Table, and the Complainants said father on the bench by him; and having used to call the Complainants said father sometimes Noble Master, and sometimes Worshipful friend, spoke to him by one of these terms, but which of them this Deponent now certainly remembreth not, and said, I would you would give us your hand to these Bonds, beginning to make relation of the business in some other manner and terms then the delivery of the said Writings was done and performed, in speaking to this effect, That the Complainants father and the said Edward Olifer had delivered them into his the said Christopher Kirby's hands, to the use of the said John Yates. At which words, the said Complainants father stepped up, and, seeming angry, said, How? we have delivered them as Escrolls: if the said Yates shall deliver you Edward Olifers' oldBond to be canceled, that then they shall be our Deeds, otherwise not. And other sealing and delivery of the said Bonds or Writtings this Depondent saw not at that time, but nnely a Repetition of what was done before, in manner as aforesaid. And this Deponent saith, That after such Repetition was made, the said Defendant Owen Godfrey did, at the request of the said Christopher Kirby, set his hand to the said Writings; and when he had done, the said Christopher did then set his name unto them, and took them presently and locked them up in his Desk, which stood near the lower end of the Table in the said Parlour. And more he cannot, to his now-remembrance, certainly depose the said Interrogatories; saving that he saith, That the said Owen Godfrey was not in the Cellar of the said house, where the said Writings were sealed and delivered, at the time of the sealing and delivery of the same; but was said to be then in the Parlour of the said house, which is three rooms distant from the said Cellar. And saith, That the said Christopher Kirby did keep the said three Writings in his hands after the said 30 day of April, in the said 14 year of His Majesty's Reign, until the time of his death; and he died on the 25 day of March, in the year of our Lord God 1617. And saith, That before the said Kirby's death, all the days of payment limited in the Conditions of the said Writings were past. And this Deponent saith, That the cause which moved the said Christopher Kirby to detain and keep the said Writings from the said Defendant Yates, was, for that the said Yates refused to deliver in the old Bond of the said Edward Olifers to be canceled, as this Deponent verily believeth: and this Deponent is rather induced to believe the same, for that the said Christopher Kirby, using many times to ride to Walsingham-Market and Burnham-Market, where he may times met with the said Yates, did, at his coming home, tell this Deponent and others, That he had made the said Yates and others acquainted with his the said Kirby's having the said three Writings obligatory aforementioned, and had offered to deliver them unto him, so he would deliver him up the said old Bond of Edward Olifers to be canceled; but he said, That the said Yates did always refuse to deliver up the said old Bond, and therefore he said, That he the said Yates should never have the said three Writings; or to that effect. And besides, this Deponent being in company with the said Defendant Yates, after the death of the said Kirby, and after the said Yates had got the Writings into his hands and put them in Suit, this Depondent told him, that sure it was his the said Yates his fault that the moneys payable upon the said Writings were not paid unto him at the times limited in the Conditions of them, for that the said Yates had refused to deliver up the said old Bond of 40 l. and the said Yates then affirmed to him this Deponent, that indeed he had refused to deliver up the said old Bond, for that the said Kirby had not followed such directions as he gave him in taking security for his money due upon the said Bond of 40 l. or words to that effect. And this Deponent well remembreth, that he this Deponent was called by summons, with other Witnesses, on the Complainants behalf, to be at three several Assizes, two at Norwich, and one at Thetford in the County of Norfolk, to have testified in the Complainants behalf concerning the said Writings, which tended to the Complainants said great trouble and expenses. And saith, That he this Deponent was produced and sworn as a Witness in the foresaid Cause between the said Defendant Yates and the now-Complainant, at the last Assizes holden at Thetford, in and for the County of Norfolk. And saith, That he this Deponent was served with Process to be at the said Assizes, and to testify on the part of the now-Complainant; and there testified the truth of his knowledge and remembrance, giving such evidence, or to the same effect, as is mentioned and set down in this Deponents Answer and Deposition to the fifth, sixth and seventh Interrogatory. And saith, That the said Owen Godfrey was, at the said last Assizes holden at Thetford, produced as a Witness against the now-Complainant, by the said Defendant John Yates, in the said Cause concerning the said three Writings; and the evidence which he then and there gave to the said Jury upon his Corporalloath concerning the said Cause, was, That the said Olifer and the now-Complainants father did seal and deliver the said three Writings as their Deeds absolutely, to the use of the said John Yates, without any Condition at all, &c And saith, That some time before the said last Assizes holden at Thetford, the now-Complainant spoke unto this Deponent, and told him, That he had brought down the Trial between Yates and him by Proviso, and would be no longer dallied with by the said Yates: and withal the said Complainant delivered him this Deponent a Subpena to be at the said Assizes: the said Complainant told him this Deponent, that the matter between him and the said Yates was put to the Arbitrement of John Marcoll and John Coot, and therefore prayed him this Deponent to be at Walsingham on the Saturday immediately before the said Assizes, where the said Arbitratours had a Meeting, whereat this Deponent was present; but no end could be there made. And he saith, that at the said Meeting the now-Complainant demanded of the said John Yates, Why he (being the Complainant) did not bring down the said Trial, but put him the said Complainant to bring it down by Proviso. And the said Yates his Answer thereunto (as this Deponent now remembreth) was to this effect; Because he the said Yates would not be so troublesome to the Country, for that Thetford was a place where people could get no good diet nor lodging; or to that effect. And saith, That on Monday, being the first day of the said Assizes, between twelve and one of the clock the same day, he this Deponent and the now-Complainant came thither; the Complainant not thinking but that he might have had the Cause called upon when he would, in regard he had brought it down by Proviso: but when he came, he was told, that the same Cause had been called upon to be tried the first or second Cause; the said Yates having secretly brought the same down also, without the now-Complainants privity: But the Complainant was then told, that a friend of his had caused the said Cause to be put off till the afternoon the same day, in regard the said now-Complainant was not come with his Witnesses when the same was first called on, and so the same Cause was called on again in the afternoon the same day, and then it was tried, before the now-Complainant was full ready with his Witnesses. John Grout Gent. li. A. Fol. 106. to the 5, 6, 7, 8 and 37 Interrogatories. John Allen Gent. li. A. fol. 65. to the 33, 34, 35 and 36 Interrogatories. Matthew Lancaster Esq; li. C. fol. 1. to the 12, 13 and 26 Interrogatories. Edward Olifer, li. A. fol. 1. to the 5, 6, 7 and 8 Interrogatories. These four Witnesses do prove the same things with the former Deponent Master Robert Warren Clerk; by which the Perjury of Master Owen Godfrey rests clearly proved without exception; and the carriage of Yates to have circumvented Master Alexander in that Trial, and to have condemned him in his absence without defence, doth manifestly appear also. And the Perjury being so clearly proved, the Subornation of Yates is an infallible Consequent thereof. But to make it a little more clear. Thus much is deposed by John Allen Gent, li. A. fol. 65. to the 36 Interrogatory. To which this Deponent saith, That it hath been generally held and reported in and about the country where the now-Complainant and the said Defendant Yates lived, that the said Defendant Owen Godfrey was made and wrought by some of the said Yates his friends, to go to the last Assizes at Thetford, to testify for the said Yates against the now-Complainant. William Page, li. C. fol. 32. to the 48 Interrogatory. To which the Deponent saith, That at the request of John Yates he went unto Master Owen Godfrey, and requested him to be at the Assizes, to deliver his Testimony between the said Complainant and Jerome Alexander the Defendant; telling him, That if the said Master Godfrey did not come, Yates could not have his cause tried. The said Master Godfrey answered this Deponent upon his speech with him, That he could not come, and that he could do the said Yates no good in the said trial, because it was so long since the said Bonds were delivered, that he did not remember how they were delivered. And yet afterwards he was procured to come, and to depose falsely, which must be by some stronger persuasion and means used by Yates then before. All which being added to the gross perjury of the said Master Godfrey left not Yates excusable of the Subornation of that Perjury, which tended to his only advantage. Then there was this Testimony to prove the Imbracery. John Chapman, li. C. fol. 35. to the 54 and 56 Interrogatories; Saith, That upon some speech with Allan Lampkin one of the Jurours concerning the said Trial, the said Lampkin said to him, that the said Yates should lose much money if the Trial passed not with him: which shown how he stood affected to Yates his part, and was a giving of his Verdict before hand. Richard Brampton, li. A. fol. 54. to the 19 Interrogatory, Saith, That on the Saturday next before the Assizes (being the Assizes in which the said cause was tried) one Allan Lampkin, who was one of the Jury summoned to appear at the said Assizes, for trial of the Issue then to be tried between the now-Complainant, than Defendant, and the now-Defendant Yates, then Complainant, came to the Deponent, who was likewise returned of the said Jury, and did ask when he meant to go to the said Assizes: and this Deponent answered him, That he meant to go next morning; saying, That if he were there any time before noon, it would be time enough. Whereto the said Lampkin replied, That he would ride away to Thetford that night, and wished this Deponent to ride with him, saying, That the said Yates had brought down the Writ of Nisi Prius, as well as the said Alexander, and that he would have the matter tried at the first sitting, if he could, in the morning, if he could; and withal entreating this Deponent that he would say nothing thereof to the said Alexander, for that Yates would not that he should know thereof by any means. To 22 saith, That after the Evidence given to the Jury at the said Assizes at Thetford between the now-Complainant and the now-Defendant Yates, the said Allan Lampkin being one of the said Jury, did, so soon as the Jury were gone together to consider of their Evidence, use these speeches, (viz.) Masters, we must find for the Complainant, (meaning the now-Defendant Yates, who was Plaintiff in the said Action) and therefore do what you will, I believe none but Master Godfrey's Testimony; and here will I lie, if ye find not for Yates. And thus Wacy and Lawrance his companions, out of spleen to the sai Complainant, would be of the same minds; and these drew the rest of the Jury to give a Verdict in that cause for Yates, against the truth. Others also testify the same carriage by these Jurours. Upon all which matter it doth appear, that Yates his terrifying of Witnesses were not the main charges of the Bill, as the Sentence relates. And by this also it doth appear, that Master Alexander had fully proved the Perjury, Subornation and Imbracery. But Master Owen Godfrey the Perjurour died before the hearing of the cause, and therefore the suborner Yates could not be fined for the Subornation: yet by this it doth appear, that the said Complainant had more than probabilem causam litigandi, and therefore aught to have paid no costs, etc. 2. FOr proof of which Offence and Misdemeanour against the said John Yates, the said late Plaintiff Alexander produced only two Witnesses (namely, Robert Warren Clerk, and John Warren his brother) whose Depositions were openly read in Court: and the Deposition of the said Robert Warren was positive and direct, of his own knowledge: and the Deposition of the said John Warren was upon hearsay: Yet the said Alexander, for his own advantage, had blotted out and defaced the copy of the Deposition of the said John Warren, taken in Court, to the 39 Interrogatory on the said Alexander's part, in these two words, viz. (that and did) and delivered the same copy of the said John Warrens Deposition to the said 39 Interrogatory, with the words (that and did) so blotted out and defaced as aforesaid, to his Attorney in this honourable Court, to be read in Court upon the hearing of the said Cause against the said John Yates, which was read accordingly; and by that means the Deposition of the said John Warren was made positive and absolute, as of his own knowledge: and thereupon this honourable Court, and all the honourable Presence here sitting, were much abused and misled in their judgements and opinions, to sentence and condemn the said John Yates for that offence of threatening and terrifying of Witnesses, and for the same to fine him the said Yates to pay to His Majesty's use one hundred Marks, and to be committed to the prison of the Fleet; and the Warden of the Fleet had there taken him into his Custody accordingly. Sentence, fol. 1, 2. Whereas 'tis alleged, that only two Witnesses were produced at the hearing, those mentioned in the Sentence, to prove the said Yates guilty of that offence of terrifying of Witnesses, it followed upon this, that Master Alexander's Counsel, to whom the managing of the Cause at the hearing was left, and as is usual in like cases, they began to prove that Charge against Yates the first; and they called for the Testimony of those two Witnesses only to be read: which being done, the L. Coventry would hear no more proof to that point, nor other charge of the Bill to be proved, and so presently moved the Lords to go on to the Censure of Yates, undervaluing the cause as petty, and almost not worthy consideration, which shown his preparation; and thereupon Yates was fined in a hundred Marks only, whereas, if his Lordship's patience would have heard the cause full out, this very charge would otherwise have been punctually proved, if the Deposition of John Warren had been set aside. As first, hear the Deposition of Robert Warren Clerk, to this Charge. Robert Warren, li. A. fol, 23. to the 17 Interrogatory. Who deposeth, That on the Saturday next before the Assizes ' at Thetford, the Deponent being at Walsingham, where the said Cause should have been ended by Arbitration: and having there, before the Arbitratours, given his testimony by speech, as this Deponent hath related in his Answer to the 5, 6 and 7 Interrogatories; the said Defendant Yates came towards him this Deponent, and with menacing words, to this or the like effect, said, That if this Deponent should swear so much at the said Assizes, he would have him and his Oath known, or else it should cost him a sum of money, 40 l. or 100 l. etc. John Coot, li. B. fol. 2. to the 32 Interrogatory, Saith, That Master Warren, in the Interrogatory named, at the aforesaid meeting of the said Arbitratours, did protest upon his faith and credit to the said Arbitratours, That the said three Writings in the said Bill of Complaint specified, were delivered at Christopher Kirbys house at Fakenham, in the Cellar there, upon the day of the date of the said Writings. (in manner and form as formerly alleged, etc.) That thereupon he did hear the said Yates say unto the said Master Warren, That if he should say so much upon his Oath, than he would make him and his Oath known, etc. Which is a direct Proof, with Master Robert Warrens Testimony, to convince the said Yates guilty of that Charge of terrifying the said Master Alexander's Witnesses. So that it is observable, that Master Alexander needed not to have helped John Warrens Deposition for proof of this Charge, there being two Witnesses besides him express in the Point; for, What need a rich man be a thief? And you may observe, that two Witnesses was conceived sufficient by the Court, for to convince the said Yates guilty of the said offence, as is proved by the very Sentence itself; and the Court would hear no more; which was Master Alexander's unhappiness in this particular. Nay, if John Warrens Depositions had been made use of, wherein he stood clear and without exception, it had further proved the same Charge against Yates: and for this, observe what he hath deposed, Lib. A. fol. 122. to the 46 Interrogatory. Who deposeth, That he being in the Faulcon-yard, an Inn in little- Walsingham, and seeing the Defendant Yates there, went to him, to speak with him about forty shillings that was remaining due from this Deponent unto the said Yates, of a debt of 14 l. or thereabouts, for which the said Yates had had a Judgement against this Deponent, and all thereof satisfied but the said 40 s. for the payment whereof, this Deponent entreated the said Yates to spare him this Deponent for some short time: and then the said Yates did request and importune him this Deponent to persuade his this Deponents brother, Robert Warren, to be sparing in giving his evidence against the said Yates at the Assizes then following, in the Cause between him the said Yates and the said Complainant: And if this Deponent would so do, the said Yates promised him this Deponent, that he would deal well with him for the aforesaid Debt due unto him, and would do this Deponent a greater courtesy. And this Deponent saith, That since that time, the said Yates meeting with him this Deponent in Walsingham-Market, told him, That he had been untowardly paid the debt which this Deponent owed him: And said withal, That he did hear that this Deponent should have gone to London the Term before, to have been a Witness against him the said Yates, in the Cause between him and the Complainant: but if this Deponent had gone, he saith he would presently have remembered him this Deponent therein. This Deponent thinketh his meaning was, He would have renewed his Execution against him this Deponent. And this Deponent further saith, That one Luke Banks Clerk, understanding that he this Deponent should have gone for London the last Term, to have been a Witness for the Complainant, did wish him this Deponent not to stir his foot thereabouts, alleging many dangers might ensue upon it: Whereupon, this Deponent did not go to London that Term to be a Witness for the Complainant, although he this Deponent was lawfully called by the Complainant thereunto. Whereby it further appears, That albeit the said John Warrens testimony to the 39 Article had not been made use of at the hearing, yet to this 46 Article he testifies as much as proved Yates guilty of terrifying and tampering with Witnesses to conceal the truth: And so three Witnesses clearly concurring in the point of this Charge against Yates, without all exception; which the said Lord Coventry, ex Officio, and according to the duty of his place, aught to have caused the King's Coucell to have perused and looked into the proceed, to see if there had been matter and proof sufficient within the Books, to have continued the Fine set upon Yates for the King, notwithstanding any other miscarriage in the business whatsoever, if there had been any: Which he was so far from looking after, as it was his only strife and labour which way and how to fasten this miscarriage of Neviles upon Master Alexander, and thought upon nothing else: which endeavours to ruin him had another Rise, if it were pertinent to this purpose to be here inserted. And from all this that hath been said, it will not be denied, but that, if Yates had been dismissed, (as he ought not to have been, without censure) yet then Master Alexander was to have paid no costs. This then is the first Complaint of Master Alexander against the Dismission of Yates, That Yates was dismissed against pregnant proof, and such as satisfied the Court of Yates his guiltiness of terrifying of Master Alexander's Witnesses, if it might have been received; and was desired and pressed by Master Alexander to have been taken into consideration, after this question did arise; which the Lord Coventry slightly passed over without regard, and so awed Master Alexander and his counsel, that they, perceiving what he went about, and the Officers of the Court labouring by all means possible to take off the offence from one of their Members the said Nevile, and it being the Court whereunto his counsel applied themselves for practice, not one of them would be feed to speak a word: and whatsoever Master Alexander pressed in his own defence, was misinterpreted, and an ill sense endeavoured to have been put upon, it and upon whatsoever he spoke for maintenance of the Cause and clearing of his Innocency. The next Exception taken by Master Alexander to the Dismission, is this, That 136 l. costs was taxed against him, to be paid unto the said Yates upon that dismission, by the said Lord Coventry, whereas no costs were awarded against him by the Order of the Court; and whereas by the course of the Court, he rather was to have had costs, then to have paid any costs: For which observe the Bill of Costs itself; and first its title. The Bill of Costs of John Yates, John Laurence, Allan Lampkin and William Wacy Defendants, sustained by them through the wrongful and unjust Vexation of Jerome Alexander Complainant, in preferring a malicious and scandalous Bill of Complaint against them, for supposed Perjury, Subornation of Perjury, Embracing of Jurours, and threatening and terrifying of Witnesses; whereof the said Defendants stand absolutely dismissed, by Order of this most honourable Court, upon a public Hearing, viz. Termino Pasche, anno 19 Jacobi Regis. l. s. d. IMprimis, for the charges of the said four Defendants in coming up this Term out of the furthest part of Norfolk, to appear upon Process of Subpena served on them, 06 00 00 For recording their appearances in Court, 00 08 00 For the copy of the Complainants Bill of Complaint, 02 15 00 To learned Counsel to peruse the same, and to draw the Defandants Answers thereunto, 02 00 00 For engrossing the same Answers, 00 13 04 For the Attorneys Fees, 00 06 08 For the Fees of the four Defendants examined upon the Complainants Interrogatories, 00 18 08 For their charges in attendance there this Term, and their return home, 10 00 00 Termino Trinitatis, anno praedicto. The Attorneys Fee, 00 03 04 Termino Michaelis, anno praedicto. For the charges of one of the Defendants in coming up this Term, being served to rejoin, 01 10 00 For the Attorneys Fee, 00 03 04 For the copy of the Complainants Replication, 00 03 00 To learned Counsel to peruse the same, and to draw the Defendants rejoinder, 01 00 00 For engrossing the same rejoinder, 00 05 00 For the copies of the four Defendants Examinations upon the Complainants Interrogatories, and of the same Interrogatories, 06 00 00 For the half Fee of the Commission, 00 05 06 To learned Counsel to peruse all the Books, and to frame Interrogatories for examination of the Defendants Witnesses thereupon, 02 00 00 For engrossing the same Interrogatories, 01 00 00 For the said Defendants charges in attendance here this Term, and his return home, 04 00 00 For the charges of the said Defendants, and their Commissioners, and many Witnesses, spent at the execution of this Commission, 06 13 04 For two Subpenas add testificand. in Court, 00 05 00 To the Clerk that took and engrossed the Depositions of the Defendants Witnesses, 02 00 00 Termino Hillarii, anno praed. For the charges of one of these Defendants in coming up again this Term, to join in Commission with the Plaintiff, which was renewed at his instance, 01 10 00 For the Attorneys Fee, 00 03 04 For new engrossing the Defendants Interrogatories, to be enclosed in the renewed Commission, 01 00 00 For a Subpena ad testificand. 00 02 06 For the copy of an Affidavit made by the Plaintiff, for renewing of the Commission and changing of the place, 00 02 00 For the charges of the said Defendant in his attendance here this Term, and his return home, 04 00 00 For the charges of the said Defendants and their Commissioners, spent at the execution of the Commission, 05 00 00 To the Clerk that took and engrossed the Depositions of the Defendants Witnesses, 01 00 00 Termino Pasche, anno 20 Jacobi Regis. For the charges of one of the Defendants coming up this Term, to attend the Plaintiffs Prosecution, and to take out the copies of the Witnesses Depositions, 01 10 00 For the Attomeys Fee, 00 03 04 For the charge of one Witness Examination in Court this Term on the Defendants behalf, being out of Norfolk, his attendance here and return home, 03 00 00 To learned counsel to draw Interrogatories to examine the same Witness upon, 01 00 00 For engrossing the same Interrogatories, 00 05 00 For Fees of the said Witness his Examination, 00 02 04 For the copies of all the Depositions of the Witnesses taken in Court, and by Commission, and of the Plaintiffs Interrogatories, 20 18 00 To several learned counsel to peruse all the Books, and to confer of Breviates against the hearing of the cause, 06 00 00 For writing of several Breviates, 04 00 00 For the charges of the said Defendants in attendance this Term, and return home, 04 10 00 The Attorneys Fees of these five Terms, Termino Trinitat. anno praedicto. 00 16 08 The Attorneys Fees of these five Terms, Termino Michael. anno praedicto. 00 16 08 The Attorneys Fees of these five Terms, Termino Hillarii, anno praedicto. 00 16 08 The Attorneys Fees of these five Terms, Termino Pascbe, anno 21 Jacobi R. 00 16 08 The Attorneys Fees of these five Terms, Termino Trinitat. codem an. 00 16 08 Termino Mich. anno praed. For the charges of one of the Defendants in coming up this Term to attend the hearing of the cause, being served with Process to hear Judgement, 01 10 00 For the Attorneys Fee, 00 03 04 To several learned counsel to attend the hearing at the Bar, on the day appointed for hearing, 04 00 00 For the charges of the said Defendants attendance here, and his return home, 05 00 00 The Attorneys Fees of these Terms, Termino Hillarii, anno praedicto. 00 10 00 The Attorneys Fees of these Terms, Termino Pasche anno 22 Jacobi R. 00 10 00 The Attorneys Fees of these Terms, Termino Trinitat. anno praedicto. 00 10 00 For the copy of an Order moved by the Plaintiff, 00 02 00 To learned counsel to move the Court for dissolving of an Injunction obtained by the Plaintiff for stay of proceed at the common Law, 01 00 00 For the entry and copy of that Order, 00 03 00 Termino Michael. anno praed. For the charges of one of the Defendants in coming up again this Term to attend the hearing of the cause, the same being specially set for the hearing, 01 10 00 For the Attorneys Fee, 00 03 04 To several learned counsel to attend the hearing at the Bar on the day appointed, 04 00 00 For the said Defendants charges in attendance here this Term, and return home, 05 00 00 The Attorneys Fees of these Terms, Termino Hillarii, anno praedicto. 00 10 00 The Attorneys Fees of these Terms, Termino Pasche, anno 1 Car. R. 00 10 00 The Attorneys Fees of these Terms, Termino Trinitat. anno praedicto. 00 10 00 Termino Mich. anno praed. Forth Charges of one of the Defendants in coming up to Reading-Term, to attend the hearing of the cause there, 02 00 00 For the Attorneys Fees, 00 03 04 To several learned counsel to attend the hearing at the Bar this Term, 04 00 00 For the said Defendants charges in attendance at Reading-Term, and return home, 03 10 00 The Attorneys Fees of these Terms, Termino Hillarii, anno praedicto. 00 10 00 The Attorneys Fees of these Terms, Termino Pasche, anno 2 Car. R. 00 10 00 The Attorneys Fees of these Terms, Termino Trinitat. anno praedicto. 00 10 00 Termino Michaelis, anno praedicto. For the charges of two of the Defendants in coming up this Term to attend the hearing of the cause, 03 00 00 For the Attorneys Fees, 00 03 04 To several learned counsel to attend the hearing at the Bar two several days this Term, 12 00 00 For the entry and copy of the Order of Dismission, 00 10 00 For the Fees of the four Defendants Dismissions, 00 08 00 For the charges of the said two Defendants in their attendance here this Term, and their return home, 01 00 00 For drawing this bill of costs, 00 03 04 For the Attorneys Fee for the same, 00 03 04 For the Warrant and Subpena for costs, 00 04 06 Sum. total. 198 19 06 Taxat. ad 130 00 00 Hamo Claxton. Tho, Coventry, Cust. Thomas Talbot of London Gent. doth depose, That this writing is a true copy of the original Bill of Costs, remaining upon Record with Master Claxton, and examined by the Record by me the said Thomas Talbot. Jurat. 5 die Maii, 1642. Ro. . To this Bill of Costs Master Alexander hath these just Exceptions: First, he leaveth it to judgement, if the Defendants Attorney in that Suit, who drew it up and presented it, did give a clear and fair title to this Bill of costs or not: for, by the Testimony and Evidence aforesaid, it appears, that the Complaint was neither wrongful, unjust, vexatious, malicious or slanderous, the Perjury, Subornation, imbracery and threatening and terrifying of Witnesses being so fully and clearly proved as before. Secondly, it appeareth, that in the Bill of costs he setteth down in the foot the total thereof to amount unto 191 l. 19 s. 6 d. whereas, re vera, and in truth, the sum is but 162 l. 17 s. 6 d. being rightly cast; so that he sets down 36 l. 2 s. more in his total, then is contained in his particulars: And this, I may be bold to say, was not well done, nor according to his duty; for by this means the greater costs were allowed unto the Defendants. Nor is this all the injury done to Master Alexander by this Bill of costs; for there are many unwarrantable particulars therein also inserted, no ways to have been demanded or allowed: for there is set down of this for the Defendants very travelling-charges and expenses, 76 l. 13 s. 4 d. and of his, 3 l. 6 l. 11 l. and 16 l. set down spent in a Term; when, after the first Temr of their appearance and putting in of their Answers in Court, their defence was made by a Solicitor, who, at most, had not above 10 s. a Term for his pains: Besides, they were Yeomen, and not of any quality, that they should be so lavish in their expenses. Nor is this all; for in this Bill of costs there is also set down for counsel-Fees and their Clerks Fees 46 l. 3 s. 4 d. or thereabouts, and 4 l. 5 l. 12 l. set down for counsel-Fees in a Term, when nothing is said to be done but perusing of Books and attending at the Bar; whereas, according to the nsuall course of all Courts, the Client, Plaintiff or Defendant recovering or being dismissed upon his Bill of costs, is but to insert, and ought not o be allowed more than 10 s. for a Counselors Fee, and but for one counsel in a Term; if he retains more, or rewards them better, it is of his own superfluity, and for his own dispatch: and all this 130 l. was demanded, upon the matter, but for nine Terms proceed, For though it be true, that the Cause depended 24 Terms; yet in 15 of those Terms nothing was done wherein counsel was used, as it doth appear by the Bill of costs itself. The Attorneys of this Court, when they did enter into their Offices, did take a solemn Oath to behave themselves justly towards His Majesty and all His loving subjects: and that it was one part of their duties in their places, to have drawn up Bills of costs for their Clients after Sentences and Dismissions, wherein they ought not to have exceeded their bounds and moderation, without the subjecting themselves to the danger of censure: so when these Ministers of the Court did transgress, and go beyond their rules and limits, it was no warrant to the said Lord Keeper, in whom the oversight and control thereof did only lie, thereupon to do injury to any other: Through nescience it could not be, cannot be presumed done by negligence, especially being at the first entrance into his place; for some other reason than it was, which I must leave you to imagine. Moreover, it was the course of that Court, in all cases, that where the Defendants, or any of them, were proved guilty of the crimes and offences charged in the Bill, albeit, in respect of some intervenient acts, it so fell out, as that they could not be sentenced (the same not being an act of the Complainants own wrong) in such causes; albeit the Defendants were freed from censure, yet did they usually pay the Plaintiffs their costs; as in the case of one Tunstall, and of one Allen, in that Court, a citizen of London, who had a Bond from the friends of one of his Apprentices in 40 l. conditioned for his said Apprentices truth, and faithful carriage of himself in his Master's service; and this 40 l. was placed in the Bond in figures: And the Apprentice imbezzelling more from his Master then the Penalty would satisfy, he added a cipher and made it 400 l. and upon that brought his Action; for which, a Bill of Forgery was preferred against him in the Star-chamber: and upon a solemn debate and hearing of the cause, albeit it was adjudged to be no forgery, but did only make void the Obligation, and so left him remediless to recover any thing upon than Bond, and therefore the cause dismissed; yet the truth and allegation of the Plaintiffs Bill apearing to be proved to the Court, he was adjudged to pay the Plaintiff his costs: And so in many other cases of like nature it hath been done in that Court. And whether Master Alexander's case be not much better proved against the Defendants in his Suit of crimes censurable, the act of God only preventing the punishment of the Perjurour, and thereupon the Suborner only cleared of that charge, and the other charges of the Bill against the other Defendants, confessed in the Sentence to be proved by single Testimony: And it appearing, that there was sufficient matter in the Books fully to have convicted the Defendants guilty of the crimes laid unto their charge, and was not Master Alexander's fault that they were not heard. Thus far he leaveth it to be rightly considered how he was dealt withal in this Dismission with costs. Besides, as the case stood, he conceiveth the matter extraordinary, it was not in the power of the said Lord Coventry, as upon ordinary dismissions, and matters of form, to have taxed any costs, without an especial Order of the Court, for which he had none. And when you shall peruse the Order of Dismission, which followeth, and which was all the Ground and Warrant for taxing of this Bill of Costs; if you shall be but pleased to remember what hath been proved before, you will understand it to be the forerunner of the resolved ruin intended towards Master Alexander in that matter, stuffed with apparent untruths, and making way for that which after followed. The Order followeth. In Camera Stell. coram Concil. lbid. vicesimo quinto die Octobris, anno secundo Caroli Regis. THis day came to be heard the matter of Complaint here exhibited by Jerome Alexander Esq; Plaintiff against John Yates, John Laurence, Allan Lampkin and William Wacy Defendants, for supposed Perjury, Subornation of Perjury, Inbracery of Jurours, and threatening and terrifying of Witnesses; which by the Plaintiffs Bill was laid to the charge of the said Yates only: Upon the opening whereof, by the Plaintiffs Counsel at the Bar, and reading the proofs on his part, there appeared no sufficient matter at all to convince the said Defendants Laurence, Lampkin and Wacy, or any of them, of the said supposed offences or misdemeanours wherewith they, every or any of them, stood charged by the Plaintiffs Bill, and therefore the Court hath absolutely dismissed and discharged them and every of them, of and from any further attendance about the same Cause hereafter. But as touching the said John Yates, for the said offences of threatening of Witnesses, there were read, for proof thereof, two Witnesses, viz. Robert Warren Clerk, and John Warren, on the Plaintiffs part: in the Deposition of which said John Warren, taken in Court ot the nine and thirtieth Interrogatory, as the Plaintiffs copy thereof read in Courts was, the words (that and did) were blotted out and defaced, and by that means the said Deposition was positive and absolute, as upon the Deponents own knowledge: whereas the said words (that and did) being not blotted out, is but upon hearsay. Which blotting out and defacing of the said words (that and did) in two several places of the said John Warrens Deposition to the said 39 Interrogatory, much misled the judgement and censure of his Honourable Court, who condemned the said John Yates for that offence, and adjudged him to pay one hundred Marks Fine to His Majesty's use, and to be committed to the prison of the Fleet. But in the Defendants copy of the said John Warrens Deposition to the 39 Interrogatory, the said words (that and did) were fair written, without any blotting, defacing or interlining: Which said Deposition of the said John Warren to the said 39 Interrogatory being showed to this Honourable Court upon the rising thereof, it pleased the same Court to take it into consideration, and ordered that the original Deposition of the said John Warren to the said 39 Interrogatory, on the Plaintiffs part, should be brought into this Court the next sitting-day, to be seen and viewed by their Lordships; and if the said words (that and did) were in the said original Deposition fair written, without blotting, defacing or interlineation, than this honourable Court would be pleased to dismiss the said Defendant yates, and to discharge him likewise of any further attendance about the same Cause hereafter: in the mean time the Court discharged the said John Yates out of the Custody of the Warden of the Fleet, for and upon that Sentence; at which next sitting-day (viz.) the 27 day of this instant October, the original Deposition of the said John Warren, taken on the Plaintiffs behalf, upon the said 39 Interrogatory, was brought into this Honourable Court accordingly; and the same being seen, perused and viewed by this Honourable court, the sever all words (that and did) plainly appeared in the said original Deposition to be fair written by the Examiner himself, without any blotting, defacing or interlining; and so the said Deposition was upon hearsay, and not of the Deponent John Warrens own knowledge: This Honourable Court, therefore, conceiving they had no sufficient ground for the former Sentence, have thereupon ordered, adjudged and decreed, That the said former Sentence against the said John Yates shall not be entered, but that he shall likewise be absolutely dismissed and discharged of and from any further attendance about the same Cause hereafter. Jo. Arthur Dep. Thomas Talbot of London Gent. doth depose, That this a true copy of the Order above mentioned, being examined by the Record by me the said Thomas Talbot. Jurat. 5 die Maii, 1642. Ro. . From all that hath gone before, judge how and by whom that Hononrable Presence were then misled to sentence the said Yates, as that Dismission mentioneth; or rather, if they were not more misled by the said Lord Keeper Coventry to dismiss the said Yates, and clear him from a Sentence under which he was restrained, upon such a bare supposition of an offence supposed done by M. Alexander nothing to the purpose, & never intending or minding the business of his Master, the King's Majesty, by all clear means to have supported and maintained the Sentence as he ought; and whose duty it was to have given all encouragement to such as nothing for their own advantage, but for the love of justice and good of the Commonwealth so spent themselves and their fortunes, to bring Delinquents unto condign punishment, for example's sake, that others might not dare so for to offend. But he thought a worm soon crushed under foot: and Master Alexander being then but new entered into the world, and daring to question such a man as Master Godfrey, son and heir to Richard Godfrey, that famous Lawyer in his time, of Lincolns-Inne, but a Popish Recusant; and his son being allied and befriended in that Country where your Petitioner dwelled, to all the great ones, it is no hard matter for any man to believe; and for that reason to conceive, that Master Alexander could not want adversaries. Besides, it was a fault in those times to be too forward, though in zeal to justice, and for the good of the Commonwealth, if such a man were touched upon: and when such as Master Alexander, that would not comply with the times, 'twas high time to take occasion to rid them out of the way. But observe this untruth alleged in the Order. To begin withal, it saith, The words (that and did) were blotted out in two places of the copy of the said John Warrens Deposition, which they allege not in their whole proceedings, either before or after. But to proceed with the Sentence. 3. But upon the rising of the Court that day, the Solicitor 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) shown to the Right Honour able the said Lord Keeper the paper-copy 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 itself must infallibly have controlled in Court, as it did: Besides, it had been a sottishness 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 margin of that paper-copy, 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 publicly 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 copy, to prevent mistake, and thus to bring just things certainly into Judgement. Nay, if it had not been a thing plotted and reserved merely for the means of Master Alexander's ruin, 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 itself that Master Jones desired of the Court that he might be sworn, to purge and clear himself in the business, 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 Client's 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 meddled 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 capital, as that it deserved a Censure in itself: For first of all, it was but the paper-copy of a Record, which Master Alexander might have burned, razed, 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, than another man look over the hedge. Again, Paper-copies of all Records, when they are produced as Evidences at any hear and trials of causes, are no further credited and authentic than they stand clear and unsuspected, and that this clearness 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 shows them to be of no force nor to be used, until they be thus justified in themselves: and if at any time they pass for currant without this attestation in those Courts where they are Records, it is because they seem to be warranted to be truly 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 faithful in their proceed, and still ready with the same Records to justify the same upon all occasions. In whom then was the offence, to read and make use of such a Paper. copy 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 only 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 copy, 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 only 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 loss 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 thorough 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 loss of the fruit and benefit of such Deeds, which is punishment sufficient of itself; and for to add 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 Pigot's 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 loss of that Testimony had been the usual punishment; but the loss 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 Precedent or Example. 4. HIs Lordship thereupon acquainted the honourable Presence therewith in the iuner-Chamber, and, with all their Lordship's consents, respited the Entry of the said Sentence, and ordered that the original 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-copy of the said Warrens Deposition being obtained by Master Jones, being Attorney for the said Alexander in that Cause, from his the said Alexander's Clerk that carried his Books, was forthwith showed 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 copy of the said Deposition, first showed to his Lordship, with the words (that and did) fair written therein, was upon here say, fol. 3. This part of the Sentence, being but a repetition of much of this matter alleged in it before, hath received an Answer: only my Lord Keeper Coventry his forwardness to charge Master Alexander and to discharge Yates is observable; and that albeit Yates were sentenced by Order of Court, and in custody, yet out of Court he caused him presently to be discharged, upon this bare Allegation, without ever calling or hearing Master Attorney-general, or any the King's Council, or Master Alexander's counsel, what could be said more for the King to maintain the Sentence. And you shall not afterwards find, throughout the whole carriage of the business, 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 clearness, as if they had been the most innocent men alive, when the contrary clearly 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 Alexander's 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 nipped him off and crushed him to pieces, preferring the condition of a company of poor and base Mechanical 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 Gray's- Inn, 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 heavy imprecations and oaths, vowing and protesting, he knew not of the blotting out of the those words, or altering the copy; and the copies were as he first received them. Whereupon, the said Alexander, Master Jones and Master Hookr went all together unto the Examiner's Study of this Court, to see the Record of the Original Deposition of the said John Warrne to the said 39 Interrogatory on his part; which being showed 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 Study, 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 entered into the Sentence, and against all the rules of proceeding in any Courts of Justice whatsoever. Howsoever, it shows thus much in the first place, that when such things as these were suffered to be stuffed into the Sentence, and to pass for currant, tending to the utter ruin of a man, Who could withstand destruction, 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 Study 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, than any ways declared his guilt, to which purpose they endeavour to wrest it. And the Books and Breviates having lain above three years before, ready and prepared for the hearing, unseen by Master Alexander to that time; for nevile his Solicitor had them in his custody a long time together, before the hearing, and managed them in Court; (and whether the Charge be true or false, Master Alexander must only 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 diversely endeavoured for to attain that favour and justice. Nor maketh it for their purpose, if his Answers were doubtful to their Question, of whom he had the Books; for the memory is not always so trusty and ready, that upon such a sudden surprisal it can resolve the Demand; it must be a work of Recollection that pofitively determines of things so long beforehand acted. Nor was it material from thomsoever the Books were received: and in that time of necessity they must pass 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 years 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 hooker's. Then as for their going all together into the Examiner's Study to view the Record if it were so, shows, that all parties were doubtful how the Deposition stood; What inference can be then drawn from thence by any in different judgement, in the least therefore to suspect Master Alexander guilty of this Accusation? but serves to excuse him rather, that thus laboured to be truly informed the first how it should come about: and that Master Alexander's first vows and imprecations, as they are pleased to call them, passing in their discourse together, when they thus lay in wait to have entangled him in that conference (if to be so as they alleged, which was never confessed, or proved by them) and that matter which Master Alexander hath at several times declared upon his Oath for his own acquittal, are not so contradictory, divers, or useful 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 equal degree with them every way, both in Birth and Fortune, that hath not so much addition given him by them as is due to a Gentleman, whiles themselves are carried thorough 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 copy 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 Gray's- Inn, and before Matthew Goad Esquire, Deputy-Clerk of this Court, being sworn upon the holy Evangelist, did make a voluntary Oath and Affidavit, That he having retained Master Jones for his Attorney, and Henry Nevile, to take care and solicit 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 only 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 doubtful, 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 truly copied: And that accordingly the said Alexander repaired therewith to the said Nevile, and informed him what his Counsel had directed for examining the copy: and the said Nevile took the said Deposition of the said Alexander, and carried it to the said Examiner's Office; but the Examiner not being within, the said Alexander did leave the said copy 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) razed out in the said John Warrens Deposition, as now it was in the said copy: 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 razed and blotted, as they then were, when he received the same back again from the said Nevile; the said Nevile showing the same to the said Alexander, and said, That he had made it to agree with the Record. And the said Alexander protested and affirmed, That the same was not blotted out, eithere by him, or any other to his knowledge, other then by the said Nevile as aforesaid. And the said Alexander deposed, that the said Nevile was entrusted with the care and charge of the said Cause: and having taken upon him to draw the Bill and part of the Interrogatories, and took upon him the managing and soliciting of the said Cause; and, over and besides what he had received, he moved the said Alexander to promise him further satisfaction after the hearing of the Cause. See the Sentence, fol. 3. This being but the Recital of Master Alexander's Affidavit first made for clearing of himself, in nothing being yet alleged thus far on in the said Sentence for to impeach it in any thing, I shall say nothing thereof more, till I shall find it questioned, and then will justify it for the very truth, against all opposition to the contrary whatsoever. 7. AT which next Sitting, being the 27 of October last, according to the said Order, was brought into this honourable Court the Record of the Original Deposition of the said John Warren, taken upon the said 39 Interrogatory, and was seen, read and perused by this Honourable Court, wherein the said two words (that and did) were fair written, without any blotting, defacing or interlineation; and thereupon the said Master Jones made humble Suit to this Honourable Court, that he might be sworn in open Court, for clearing of himself of any manner of suspicion, or the least touch that might have been imputed unto him thereabouts; who was sworn accodingly, and upon his Oath delivered, That, to his utter most knowledge, he never saw the paper-copy of the said John Warrens Deposition before it was put into his hands to read, at the hearing of the Cause the last Sitting before. Whereupon, all the honourable Presence openly pronounced the said Master Jones to be innocent and clear from the least suspicion of being privy or consenting to the said blotting or defacing of the said copy. Fol. 4 in the Sentence. There hath been something said before concerning Master Jones his carriage in the particular of his thus offering himself into purgation, being no ways accused: But I see such wise men as himself may sometime overact their own parts: for if this be true that he hath sworn, he hath shown a great deal of remiss carriage in the managing of his Place and Office; at least, that would refer the care thereof only to his Clerks, and receive his Fees and do nothing for them. But, if it had been material, I could have put him in mind that he had all the Books by him in his Study one whole long Vacation, which promise to have perused them, and did affirm to Master Alexander he had so done, and then declared his opinion of the proofs; and some of the copies of the Depositions taken by Commission in the Country, were copied in his own Office, and his hand to the Examination. But to let that pass as impertinent: I hope he hath now recollected himself better in this time that he hath been an Oxford with his Majesty, as Master Alexander is informed. But, to examine his carriage towards his Master the King, and towards his Client Master Alexander in this particular in that time, be pleased to cast an eye upon the Oath which the Attorneys of that Court, whiles it was in being, did take at their entering into their Offices: and surely himself, amongst the rest, took it for me. YOu shall swear well and truly, according the best of your discretion, to execute and perform the Office and place of an Attorney, in his Majesty's most honourable Court of Star-Chamber, whereunto you are now admitted; and shall bear and behave yourself justly towards His Majesty and all His Highness' loving subjects and suitors in the said Court. So help you God. It was further also contained amongst the Rules and Orders of that Court concerning the Duties to have been performed by the several Officers in their several Places, and amongst the rest, That the Attorneys of that Court were to look that their Clients causes were duly prosecuted to the hearing, without advantage: and that if they should be pressed by any Rules or Orders which might prejudice their Clients in their causes, they were to inform counsel, to move the Court therein: they were also to write the copies of all Bills, Answers, and of all Plead and Examinations taken in the Country by Commission for their Clients, To prefer their Clients causes to hearing, To read all Acts, Evidences and Depositions before the Lords, To urge for their Clients, and after hearing, To draw up Bills of Costs for his Lordship the Lord Chancellor or Lord Keeper's Taxations, and present them. And whether Master Jones or Master Hooker have performed their Duties herein required, either towards His Majesty, or their Court, or Master Alexander, by this prospective you may perceive them, though at this great distance. It is agreed, he read this Deposition at the hearing, for so it was his duty to do: and had he then behaved himself justly towards His Majesty, the Court and his Client, when he perceived the said Deposition to be marked in the margin, and so blotted in these words (that and did) if they were so, as of necessity he must do, if his eyes were matches; had he then informed the Court thereof, as it was his duty to have done, and the proper time, the most that could have followed upon it had been but the setting aside of that Deposition as useless; and then Master Alexander could not have been denied to have made use of his other testimony, to have more fully proved that Charge, and by consequence, the Sentence against Yates had been continued, Master Alexander had not been destroyed, nor had any prejudice happened to any man in the business. Or if, when after this accident had fallen out, merely through Master Jones his voluntary omission and the neglect of his duty (if there were no more in the business then so) and that Yates was censured; yet than it had been a part of his duty, in that case also, further to have enquired into the main body of the Cause, aswell to have maintained the said Censure against the said Yates, for His Majesty's benefit, and the common good, and justice of the Kingdom, as for the clearing of his Client: But he was, you see, so far from doing this, as nothing appears in him to be done afterwards, but a mere joining together with Master Hooker and Master Alexander's adversaries, to lay and charge this offence upon Master Alexander, to undo him: An Attorney worthy to be registered unto posterity, for an example of fidelity in that wherein he was entrusted: And, were no Master Alexander's Witnesses now dead, after this long time of that action, he could have proved thus much more, to have added to Master Jones his everlasting memory of his service in this particular to his Client, that, Immediately upon the first Rise of this question, he was pleased to make this Protestation, That he would spend all his Terms gains, but that he would fix the fault and blotting out of those words upon Master Alexander: (and judge if his proceed 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 add unusual and unaccustomed Clauses, do beget suspicion: and it hath been found by experience in common practice, That as the devil, when he intends to play a masterpiece of deceit, will then transform himself into an Angel of light: so he that is about to cousin 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 Generals conclude nothing: How then is it possible to pronounce a man innocent and clear from the least suspicion of being privy 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 alexander's 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 guiltiness 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 suspicion of the blotting out of these two words (that and did) out of the said paper-copy 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 alleged in the Sentence had been true, that such a plain repugnancy to truth had then appeared to the Court, wherein Master Alexander had catched himself, and discovered his guiltiness of the said offence; for this had made an end of all further question about the business: 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 guiltiness so appeared to the Court at that time were not registered for posterity, nor do now appear to make this Allegation good? The truth is, it is but a mere Fiction, some more of Matchivails dirt cast in Master Alexander's face, to make him seem a little fouler in the eyes of his beholders: for, had it been so as 'tis 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 only 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 only 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 happiness 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 public 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 cocksure, in those times, what by the power of the said Lord Coventry, and Archbishop of Canterbury, and other Master alexander's like potent enemies, that this matter should never have been stirred again, until the day of the general Resurrection; as shall more fully appear by that which followeth. 9 THe Court was pleased to require the Lord Chief Justice of the King's 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 solicitation of the said Nevile, on the 7 day of this instant November returned into this honourable Court their Certificate of all their proceed 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 been, to find out that thing which in the Sentence is alleged to have been publicly confessed by Master Alexander in Court before. But there was more in it then so; they might not rely 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 thoroughly as was possible in Court, to gain a belief and opinion of his guiltiness. 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 final Sentence or Decree therein that day, but gave the said Alexander time until the next Sitting-day, to show 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 straight 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 overawed 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 ruin, upon whom the indignation and displeasure of any such as Master Alexander's adversaries fell: And when he that would not comply with the times, ti being in any way that might hinder their designs, it was cause enough to destroy him. And what could Master Alexander now expect but destruction, when that thing, whatsoever he spoke 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 coolly and faintly in Master Alexander's behalf, and put for trial how it would be relished and received, they found it passed by in silence, if material, or themselves disregarded for the motion: And what wise man will engage himself in such a quarrel, where, whosoever speeds, he is sure to get blows for his recompense? 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 Country, near an hundred miles from London, to search for Letters which he had formerly received, of his, about the business, in which he hoped to find his acknowledgement of doing this thing, in manner as Master Alexander had alleged; 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 witness, was the original 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 than 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 Lincoln's- Inn, and given unto his Boy or Clerk, whom he found in the said Chamber, a true copy 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 Process 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 justify himself in his proceed) and, without this, many an innocent man would be undone: And in case where neither the party, 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 alleged 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 truly 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 shown 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, bagshaw's Oath reacheth no further than unto an Endeavour of service; he swears nothing positively, to satisfy 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 itself, 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 grossly 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 business, 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 Judge's 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 itself showeth; and therefore at the meeting before the Judges, at the late Lord chief Justice's 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 remembered 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 proceed in Courts of justice whatsoever: So that Master Alexander is condemned without Defence. And for bagshaw's 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 years, 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 show 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 Alexander's 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 Alexander's Clerk for his Master; who returning the like answer as he had done to this Examinate: Whereupon, the said Henry Nevile delivered a copy of the said Order to the said Master Alexander's 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 persuaded, 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 copy of the Affidavit therein mentioned: examined by the original Record by me the said Thomas Talbot. Jurat. 5 die Maii, 1642. Ro. . 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 Process 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 personal notice, before they proceed to sentence, it being so penal as aforesaid: And if it be not a personal 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 Process 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 usual 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 Process 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 Error, or Bill of review or reversal 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 shown for themselves upon those hear, 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 Alexander's 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 Country: 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 man's being at his chamber in another place, remote from his dwellinghouse, as this was, near 100 miles distant: and therefore the leaving of this Order, in a case so penal, 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 personal notice, before the hearing, was no such service of that Order as did warrant that Court to proceed to Judgement against him in his absence, and without defence. Again observe, albeit in the Setence it be expressed, that a copy of this Order was left with Master Alexander's Boy or Clerk at his chamber at Lincolns-Inne; yet the Affidavit of Bagshaw says not so; for he swears only, He gave it to a young man or youth of whom he enquired if he were not Master Alexander's 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 'tis clear, Bagshawe knew him not to be Master Alexander's Clerk or man; and Master Alexander had more chamberfellows 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 bagshaw's 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 bagshaw's belief of notice, nor Neviles charge to that Clerk or man to deliver the said copy 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 Alexander's 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 shown 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 Surname, 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 Alexander's, and by a willing mistake, made this use of it to condemn him in his absence. Howsoever, it was no good service in itself, 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 copy of the said Order was left with Master Alexander's 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 alexander's 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 Alexander's 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 Generals, 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 showing wherein or how, I believe is a Precedent 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 Alexander's 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 Majesty's 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 copy 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 expressly 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 copy, not scored nor blotted: And Master Hudson told him, upon perusal of the same, That it was but upon hearsay, and made not for him: Whereupon this Examinate told him, That divers were present at an Arbitrement intended, when it was spoken precisely by Robert Warren, and not by hearsay: And thereupon Master Hudson advised him to examine it with the Record: Whereupon he went to Nevile, and shown him the Deposition, and what Master Hudson conceived thereof: and then Nevile would have blotted out those two words, if this Examinate had not restrained him. And after, they went to the Examiner's Office, to have compared it with the Original: But he being not then to be found, this Examinate left the Depositions with Nevile, and afterwards received the same again from Nevile with those two words blotted out, the same being done without his privity of procurement. And this Examinate saith, That the Cause was heard in this Court the same day he went to examine the copy with the Record, and found the Record to be fair, with those two words in the same, whereat this Examinate was much astonished. Being asked what extraordinary rewards Nevile received from him in the soliciting of his Cause, saith, That in the Term he went to Master Hudson for advice, he gave Nevile six shillings before he went to Master Hudson: And when he had the Book from Nevile, Nevile demanded of him two shillings, as a Fee due to the Examiner. But Nevile denieth that he had any money of him that Term; and thinketh in his conscience, That, for the drawing of the Bill, and drawing part of the Interrogatories, and his care and pains as a Clerk in the Cause, he hath not had above thirty shillings since the beginning thereof, being about six years past; nor that he had ever any thing from him since the Term the Cause was published in, which was vicesimo Jacobi, and copies of Books delivered, saving of such moneys as he laid out for him in Court, and ten shillings in money, he having laid out of his purse nine shillings four pence thereof before. Master Hooker deposeth, That in the afternoon the same day the Cause was heard in court, M. Alexander met with M. Jones his Attorney and the Examinate, in Grays-Inne, where they went together to M. Jones his Study; and seeing the Deposition there, seemed thereupon to be in a great passion or perplexity about the blotting out and defacing of the two words (that and did) out of Warrens Deposition, saying, What an unfortunate man am I! what will become of me? And being asked by this Deponent, From whom he had received the paper-copy, said, He could not tell whether he had it from Nevile, or from the Examiner himself; but said and swore, He altered it not, nor knew who altered the same; but that the copy was as he received it; and affirmed as much upon the view of the original Examination with the Examiner: Howbeit, Alexander in his Affidavit deposeth, He left the copy of the Depositions with Nevil, to be examined, and received them from him again; Nevil telling him, He had examined them the Original, and that he had then made it to agree with the Record. This being the state of the Cause before us, we humble leave it to the judgement of this honourable Court. Hamo Claxton. Ran. Crewe. John Dodderidge. John Arthur, Dep. Thomas Talbot of London Gent. doth depose, That this is a true copy of the Certificate therein mentioned. Examined by the original Record by me the said Thomas Talbot. Jurat. 5 die Maii, 1642. Ro. . And now be pleased to observe if there by any such contrarieties between Master Alexander's Affidavit and the said Certificate of the judges as is alleged in the Sentence. It must needs be, that the Affidavit, being drawn by Master Alexander, after his own way, as he understood the matter; and the Certificate, being made by direction of the judges, who did interrogate Master Alexander as they pleased, and so to set down things after their own order and manner, there may be some seeming difference, in words, and phrase of speech; but for substance, there is no manner of contrariety or variation at all. This is more in the Certificate, then in the Affidavit, That so soon as Master Alexander did show the said john Warrens Deposition to the said Nevil, with the doubt in the Deposition conceived by his Counsel, and the mark applied to it in the margin of the paper-copy, Nevil would then have presently blotted out those two words (that and did) if Master Alexander had not restrained him. Which cross nothing at all in the Affidavit; but makes Nevil the more culpable, and more clearly appear to be the man that did the fact: for he, that would then have done it before Master Alexander's face, without ever examining it with the Record, saying, He knew it to be but a mistake; 'tis more likely he would do it behinder Master Alexander's back. This is also contained in the judge's Certificate, more than in the Affidavit, viz. That Master Alexander going to the Office to examine the Deposition with the Record, and finding those two words (that and did) fair in the Record, was much astonished: Which word, astonished, is not in the Affidavit; yet doth not this contradict any thing in the Affidavit, but the more enforceth Master Alexander's innocence of the fact: For, astonishment is rather a Compurgatour, than an Accuser; not arising from guiltiness, but from a mere other thing: As, that a man being surprised with a sudden Accusation, (as in this Master Alexander was) though armed with innocence, that he cannot be pierced; yet may he be amazed with so unexpected a charge. It oftentimes proceeds from sensibleness of disgrace, ashamed, though innocent, to be within the suspicion of such faults; or that he hath carried himself so, that any tongue durst be so impudent as to lay it to his charge. May happen from a disability to acquit himself at the instant, his integrity wanting rather clearing then clearness: therefore saith Job, The upright man shall be astonished at this, and the innocent shall stir up himself against the hypocrites, Job 17.8. The very Disciples were astonished at Christ's words, Mark 10.34. and in the 26 verse it is said, They were astonished so out of measure, saying, Who then can be saved? showing how difficult a thing it is for a rich man to enter into the Kingdom of Heaven. And so in many other places of Scripture, astonishment is most commonly taken in a good sense. And thus 'tis plain, that upright and innocent men are oftentimes astonished: So that upon observation of both, there is not eny variation or contrariety in Master Alexander's Affidavit, and his Examination before the judges in matter of substance at all; but the same is untruly alleged in the Sentence without ground or warrant, to make for their purpose against the truth. And as to that part of the Certificate from the judges which concerns Nevil's Examinations; as it is only to excuse himself of an offence wherewith he stood first charged; and as it was unwarrantably grounded and admitted to be done at first: so you find them not pressed, nor any use made of them at all, first or last: And since, for reasons best known unto the Court, they set them aside as useless and not warranted; and for which there was great reason so to do. So they shall need no other Answer. And as sure as there is a God in heaven, so certain it is, that what Nevil hath therein said is contrary to the truth, and so afterwards did thrive accordingly; and M. Alexander could have disproved all of it by many Witnesses, saving that only part concerning his blotting out the words; which he did, or caused to be done, as God is true. Then, as to that other part of the said Certificate, which mentions Master hooker's Examinations and Testimony in this business, it maketh nothing at all to cross any thing said by Master Alexander in his own Defence: And it hath partly received an Answer formerly, as it is mentioned in the Sentence to be a Discourse between Master Alexander, Master Jones and him, in Master Jones his Study in Grays-Inne, the day the cause was heard between Master Alexander and Yates: But the Bend and Scope of all that was, To ensnare and entangle Master Alexander in his talk, and to gather from his words or carriage whatsoever might pos2ibly make to charge the offence on him: therefore he saith, first, That Master Alexander seemed to have been in a great passion and perplexity, about the blotting out of those words: but that which seemeth to be a thing, is not the same: Nullum simile est idem. And what followed from thence? Would it not have perplexed any man, or astonish him, on such a sudden to understand all his business to be so changed, his adversary released, whom he left in custody upon a Sentence pronounced against him; and upon the point declared to be dismissed with his costs, when Master Alixander expected to have had costs from him, and that justly? Might not M. Alexander term it also an unfortunate thing, to be thus dealt withal on all hands; and perceiving, that those which should have assisted him in setting things right again, went thus about for to betray him? But fain this Gentleman would wrest or pick something out of these words, and take an advantage of his own wrong. To make some thing against Master Alexander out of this Discourse, so said to catch him and surprise him, that when they asked him, From whom he had received the paper-copy, said, He could not tell whether he had them from Nevil, or from the Examiner himself. If he said so, What of this? hath not many a man in ordinary discourse, and being taken upon a sudden, to answer to things done long before, said that, which, upon second thoughts, and coming to be deposed thereupon afterwards, upon deliberation, and recollecting of himself, he hath varied from? And was this ever yet counted an offence in any man, but in Master Alexander, to be well advised of that he swears for truth? And yet if what passed from him in this discourse shall be rightly weighed and considered, there is nothing in it that in the least makes against Master Alexander, or that crosseth any thing which he hath either sworn or spoken in the defence of his innocence. 'tis true, Master Hooker would invert the meaning of the words to a feigned and strained sense, as if it should imply a contrariety, that once Master Alexander should say, He knew not from whom he had the copy, and then afterwards should depose the matter so precisely against Nevil, as to make him the offender. To that other Answer which Master Alexander hath already given of speaking words in passion, and upon bare discourse, and after deposing to the same matter upon second thoughts, and deliberation, add this, and consider that Master Alexander in his Affidavit deposeth, That there were two receivings of this copy of the Deposition of John Warren: the first time from the Examiner, or Nevil, when he took it and carried it to his Counsel Master Hudson to peruse; and at that time it is not material from which of them he received it; for it makes nothing one way or other from which of them he then had it: but sure he is, that Nevil got that copy and all other copies from him, which he had of any thing done in the Office, or otherwise, in that Cause; else what need should Master Alexander have had of his solicitation, and to have done the work himself? And all that were solicitors in that Office, as he was, did so for their Clients; it was their duties, and for that only they had their wages: But then when Master Alexander had thus carried it to his Counsel, who had perused it, and directed it to be examined with the Record, with a mark in the margin made against it; than it was delivered again to Nevil for that purpose, and then Master Alexander afterwards received it the second time from Nevil again, with the words (that and did) so defaced, etc. And this later receiving was that receiving of this copy from Master Nevil, when this alteration was committed: So that upon the first Conference the Answer was made, as it was conceived, and according to the times and places where it was propounded and answered, that is to say, in Master Jones his Study, and the Examiner's Office, which related to that receiving of them the first of all; and that might be delivered doubtful, without any disadvantage, and yet Master Alexander's Oath stands clear too, and without exception, that he did inform the further carriage of the business to make the truth appear; and all stands very well together: And 'tis against the Rule, to fetch blood out of a man's words, and to strain an intendment thereof beyond the genuine meaning of the speaker; and therefore in Law they are always to be taken in mitiori sensu, most favourable for him that speaks them, where by any means they might be wrested to a contrary interpretation. But then Master Hooker doth further express these other words also falling from Master Alexander in that discourse, viz. That Master Alexander then should have said and swore, He altered it not, nor knew who altered the same; and that being true, How could he say that Nevil did it? Both are true, and contradicts nothing of whatsoever Master Alexander hath either said or sworn in this matter, when once rightly understood. For the first, that Master Alexander did it not, that is true, and hath been continually maintained and justified by Master Alexander, both upon his words, and upon his Oath, first and last. Then, that he knew not who altered the same, also well standeth with his Deposition: for, he deposeth the manner how he left it with Nevil to be examined with the Record; and that afterward Nevil gave it him again so blotted as it was; and that Nevil did it, or caused it to be done; and so Master Alexander could not know who actually did it, whether Nevil himself, or any other, and yet received so done from Nevil, and was so his offence equally, whether done by himself, or by his direction; and therefore Master Alexander stands the more clear in his Oath, being made with this caution: and he who doth a thing by another, seemeth to do it by himself: and in common parlance, men do use to say, I have done such a thing or such a thing for you, when he hath only 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 falsely, 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 copy 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 hooker's Examinations upon his Oath, and in his Relation of the Conference which passed between him, Master Jones and Master Alexander in Master Jones his Study: For in court, when he was demanded his knowledge of what passed in that Discourse, not being upon his oath, he answered, and so 'tis alleged in the Sentence that he should relate, That Master Alexander should then say, That the paper-copy 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 copy 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 press the meaning of the words, and then there must be a mere repugnancy 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 despite of the adversary; and therefore Master Hooker, when he only says, without Oath, than he speaks one thing; but when he is examined upon his Oath before the Judges, than he says another thing: And the words spoken by Master Alexander being no other, but, That the copy of the said Deposition was as he received it, agrees in terms with Master Alexander's 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 hooker's testimony makes nothing against Master Alexander's 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 random, 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 heavy 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 shows, 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 cloth 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 joined 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 Witness 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 than he had been but singularis Testis, to whom nullafides in the Cause, whereupon to have grounded a Sentence against Master Alexander in that matter: 'tis 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 and party, relief hath been thereupon afforded unto the oppressed: but in matters Criminal, where the life, many times, and that which is always as dear and near 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 Saviour's Precept; in that case the Judgement hath only 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 corporal Oath deposed, that the said Alexander had formerly been taken very foul in his own Cause, in the same kind, or worse, at a Trial in the County of Norfolk, at an Assizes holden at Thetford, before the said Justice Dodderidge (who bond him to his good behaviour for the offence he then committed. Fol. 6 in the Sentence. It is an old Proverb, Admit one error, 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 stuffed out withal 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 Surname, and his Christian-name set at the later end; He cannot be a Cook by Profession, sure, and a Gentleman; although by the slovenliness of his carriage in this action, he shows 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 discourtesy 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 registered 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, etc. 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 year of King James, until the third year of King Charles, and do not find, 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, myself first making search with him in the Books therein mentioned. Jurat. 5 die Maii, 1642. Ro. . 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 satisfy 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 find, 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 Anguish, 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, than what hath formerly been herein remembered, be pleased to cast your eye upon this other Certificate following, which will satisfy 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 find, 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. . And thus you have an Accusation without a Witness, and a Witness 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 gross 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 withal, 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 hurtful to their designs; 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 Nabuchadnezzar told his dream: He tells his wisemen 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 miss 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 find 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 year 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 Rice Gwin Esquire, after Sergeant 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 causeless 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 several Bonds for the payment of the money in time: But Master Plandon afterwards being desirous to travel beyond the Seas, entreated 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 general 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 show of it to others as a real debt, and by that means wrought himself into the acquaintance of those that were more ready to believe it against Master Alexander, than 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 join 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 Trial. Master Alexander's Attorney having both Acquittances in his hands, pleads in Bar to the Action that which was more particular. Whereupon. Issue being joined, a Jury was picked out for the purpose; and the matter came to Trial 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 Witness to that Release, being made in haste at Master Alexander's 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 Trial, did not deny it to be his hand and seal, though he was directed to confess nothing more that made agaist him; and albeit the said Witness being a substantial Ycoman of the Country, 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 general 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 eagerness, 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 satisfy, 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 legal way question the injustice and miscarriages of those proceed; and being involved in so great a straight, was advised and persuaded by his friends (although, he must confess, much against his will) 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 general Release into the bargain, (for that they would have the first of all) or else he must lie by it, and be ruin 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 than he expected; for he found the bond had been canceled, and the Seal closed down again in the old place with a little Starch; which than 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 abettors 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 business: And, 'Tis an ill wind blows 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 less than three years, 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 Majesty had granted his Right and demand thereunto, and was used in many Projects of like nature; gained a Patent of the Stewardship of the King's Forests and Chases in Essex, and thrust out a far honester man than 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 business which he drived at; for M. Alexander professeth he knoweth not of any other thing that ever happened 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 Majesty, acting against the Parliament; and the other, this M. Cook, who hath not yet fully shown 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 Alexander's leaving the Town, after the business had been again examined before the Judges, viz. to find out Letters in the Country which he had formerly received from Nevil about that business, which he conceived might more fully inform against Nevil for this offence, and which no other but himself could so well find 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 business: 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 Country, 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 suitable to one another. And that it may appear to be no fiction for the Cause of Master Alexander's journey then made into the Country, be pleased to observe a Letter of nevil's written to him concerning this business, 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, until 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 Alexander's 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 Country: Which he having for some time neglected to do, Master Alexander wrote unto him, to put him in mind 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 copy 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 copy 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, until secundo Caroli that the Cause was heard, the Books were laid up, and never looked upon by Master Alexander, which was for above three year's space. And this is the very truth concerning this particular. And truly 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 justness 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 itself 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 only where the person declines his Trial altogether: for after defence made by any person, to any Accusation, in any Court of Justice, and that an Issue is joined upon the proceed, 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 party's 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 proceed manifest; unless 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 copy 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 Judge's Certificate were but inclineable to be of opinion that Master- Alexander should have blotted out those two words in the paper-copy of the said John Warrens Deposition, were now brought about, without any other Reasons given the before, to be absolutely resolved therein. A good foreman 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 aberration, 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 aught 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 misdemeanour, well worthy of sharp and severe punishment for the same; and that he shall be utterly disabled to practice as a Counsellor at Law, publicly 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 Governors of that House, and to pay a Fine of 500 l. to his Majesty's use; be committed to the prison of the Fleet, and before his enlargement out of prison, shall publicly at the Bar of this Court, in humble and submissive manner, acknowledge his great offence against God, and to this honourable Court; and shall show himself very pentient and sorrowful for the same. And this honourable Court pronouncing the said Nevil to be clear and free from committing of the said offence of blotting out the words of the copy aforesaid; and gravely considering the great trouble, loss, damage and danger which the said Nevil hath been put unto, for the clearing of his reputation in his service to the Court, in defence of his own innocency 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 satisfy and pay to the said henry Nevil, for and towards his loss and damage in that behalf, the Sum of fifty pounds of lawful money of England. Jo. Arthur, Dep. In this catastrophe and Close of all, you may behold a Tragedy acted to the life; a poor Gentleman so destroyed, as is without all precedent or example: wherein, contrary to the greatCharter, he hath suffered without mercy or moderation; his Estate, his Profession, his good Name, his Wife and Children, and all hopes and comforts taken from him but his life, at one blow; and that, in all outward appearance, made so miserable, as it had been btter for him that that had been taken from him also, for then his sorrows and miseries had been at an end: But being thus bereft of all Society, and means of subsistence for the future, it must needs subject him unto the contempt and scorn of all his friends and others whatsoever, and drive him into despair of ever looking up into the world again. And no sooner was this Sentence past, but presently aterwards, upon that Item thereof made in the said Sentence to theGovernours of Lincolns-Inne, they taking all for granted and for truth that was contained therein, without ever searching into the cause thereof further, or hearing of Master Alexander in any thing what he could say for himself, made the Order following. Lincolns-Inne. Ad Consilium ibid. tent. vicesimo primo die Novem. anno regis Caroli secundo. At the Conncel it is ordered, That Jerome Alexander one of the utter-Barresters of this House, shall from henceforth stand expulsed this Society, for sundry foul misdemeanours and crimes by him committed, of which he hath been publicly detected and convinced: And the chief Butler of this House is to cause his Studie-door to be nailed up, or otherwise to be kept fast; and likewise his Goods in his Chamber to be seized and kept safe, until the House be saisfied all Duties and Forfeitures any ways owing or due by him, for Commons, Pensions, Vacations, Chapel, Cellar, or otherwise. Edward Byshe, Custos nigri Libri. Thomas talbot of London, Gent. doth depose, that this Writing is a true copy of the Order made in Lincolus-Inne against Mastere Alexander; being examined by the Book of Orders of that time by me the said Thomas Talbot. Jurat. 5 die Maii, 1642. Ro. . Which without delary was put in execution, and his Chamber taken from him, albeit at that time he was indebted nothing unto the House for any Duties or Forfeitures, Commons, Pensions, Vacations, Chapel, Cellar, or otherwise. Now here it was not an open enemy that did me this dishonour; for than I could have born it; neither was it mine adversaries that did herein magnify themselves against me: but they were my companions, my guides, and mine own familiar friends, that took counsel together, and walked in the house of God as friends, Psal. 55.13, 14, 15. Yet that God that always takes care of his, and never fails to protect the innocent, so provided for him in this extremity, that within a short time afterwards he gave him such an unexpected being, as he must needs confess he had perished, if he had not been undone; which no sooner was understood by his adversaries, but they began to pursue him again afresh; and making use of this Censure, do labour with it to crush him in the shell, that so he might not rise up in judgement against them for this injustice, until the later day; and in the next place, this Fine of 500 l. must be begged of the King, as by the letters Patents thereof granted unto Mastere Fulwood, than Secretary Cooks servant, doth appear. CHARLES by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc. To the Treasurer, Chancellor, under Treasurer, Chamberlains and Barons of the Exchequer of Us, our Heirs and Successors, now being, and that hereafter shall be, and to all other the Officers and Ministers of Us, Our Heirs and Successors of the said Court of Exchequer, and of the Receipt there now being, and that hereafter shall be; and to all other to whom these presents shall come, greeting. Where as in Our Court before Us and Our Council in the Star-Chamber, in a Cause there late depending, by judgement of the same Court, Jerome Alexander Gentleman, was, amongst other things, censured to pay unto Us a Fine of five hundred pounds, assessed upon him by the same Court for certain offences, misdemeanours and contempts by him done and committed; which Fine hath been estreated into Our Exchequer. And being informed by the humble Petition of Humphrey Fulwood Gent. that the said Jerome Alexander immediately thereupon made away all his estate, and fled into the parts beyong the Seas, where he ever since hath, and still doth remain; and that Our Officers having by all means possible endeavoured the recovering of the same, could never find any estate, and since have returned the same Nichelled into the Exchequer, as by the Record of that Court will appear; and that since the Nichelling of the said Fine, he also to whom We had granted the recovering of all Nichelled Fines, hath spent six years thereabouts, and hitherto hath recovered no part thereof: So that We, without some extraordinary means and endeavours to be used, are likely to lose all. In consideration whereof, and that the said Humphrey Fulwood well hopeth, by his industry, pains and charges, to recover the same, or the greatest part thereof; he hth humbly besought Us to be graciously pleased to grant unto him the benefit of the said Fine, he paying into Our Exchequer the full fifth part of that he shall recover. Know ye, that We, in consideration of the premises, and of one hundred pounds paid to Our use in the Receipt of Our Exchequer by the said Humphrey Fulwood, whereof We do acquit, release and discharge the said Humphrey Fulwood, his Heirs, Executours and Administratours, and every of them, by these Presents, of Our especial grace, certain knowledge, and mere motion, have given and granted, and by these Presents, for Us, Our Heirs and Successors, do give and grant unto the said Humphrey Fulwood, his Executours, Administratours and Assigns, the said Sum of five hundred pounds, and all the benefit and profit of extents and seizures for the same Sum of money, or any part thereof, or toward the levying or satusfying of any of them to be had or made; and also all Our Right, Title and Interest of, in and to the same, and every part and parcel thereof; To have, hold and enjoy the said Sum of five hundred pounds, and all Our Right and Interest of, in and to the same, and every part and parcel thereof, to the said Humphrey Fulwood, his Executours, Administratours and Assigns, to his and their own proper use, freely, as of Our gift, without account, or other thing therefore, to Us, Our Heirs and Successors, to be rendered, made, paid, or done, other then as before is expressed. and to the end the said Humphrey Fulwood, his Executours, Administratours and Assigns may have and receive the full benefit of this Our Grant according to our intent and meaning in these Presents expressed, Our Will and Pleasure is, and We do by these presents, for Us, our Heirs and Successors, give and grant unto the said Humphrey Fulwood, his Executours, Administratours and Assigns, and unto every of theem, full power and authority, either in his or their own names, or in the names of Us, Our Heirs and Successors, to sue for, recover, and have Execution of and for the said Fine and Sum of money, to Us, as aforesaid due and payable, or any part thereof, as well by suit, as by extent and seizure, in the name of Us, Our Heirs or Successors, or any other lawful ways and means whatsoever: And the same being recovered, levied, or received, to have, take and enjoy the same, to his and their use for ever, as aforesaid. And Our further Will and Pleasure is, and We do hereby, for Us, Our Heirs and Successors, straightly charge and command the Treasurer, Chancellor, under-Treasurer and barons of the said Exchequer, and other the Officers and Ministers of Us, Our Heirs and Successors, of the same Court, and of the Receipt of the Exchequer aforesaid, for the time, to whom it respectively appertaineth, or shall hereafter appertain, and also Our Attorney General for the time being, by virtue hereof from time to time to grant, and cause to be made forth of our said Court of Exchequer, such and so many Commissions and other Process as shall be expedient, and required by the said Humphrey Fulwood, his Executeurs, Administratous or Assigns, for the obtaining, levying and recovering of the said Sum of five hundred pounds, or any part thereof. And these presents, or the Inrolment thereof, shall be unto the said Treasuer, Chancellor, under-Treasurer, Barons, and other the Officers and Ministers of the said Exchequer for the time being, a suffieient Warrant and Discharge in that behalf. And Our further Will and Pleasure is, and We do by these Presents, for Us, Our heirs and Successors, grant, That it shall and may be lawful to and for the siad Humphrey Fulwood, his Heirs, Executours, Administratours and Assigns, to acquit, release and discharge the said Jerome Alexander, his Executours and Administratours, of the said Sum of five hundred pounds, and every part and parcel thereof, by writing under his or their hand and seal; and such Release, Acquittance, or other Discharge, shall be from time to time a sufficient and lawful Bar, Exoneration and Discharge, to be pleaded against Us, Our Heirs and Successors, as strong and effectual in the law, to all intents, constructions and purposes, as if the same were done by Us, Our Heirs and Successors. And for the further Indemnity of the said jerome Alexander, or any other that shall satisfy the said Sum of five hundred pounds, upon acknowledgement thereof or satisfaction therefore by the said Humphrey Fulwood, you Our said Treasurer, Chancellor, under-Treasurer, Barons, and other Our officers as aforesaid, whom it may concern, shall strike, or cause to be stricken, in the Exchequer, one or more Tally or Tallies purporting the payment of the said Sum of five hundred pounds, as amply as if the same had been past into the Receipt of the Exchequer, to the use of Us, our Heirs and Successors. And these Presents, or the Inrolment thereof, shall be a sufficient Warrant in the behalf: Although express mention of the certainty of the premises, or any of them, or of any other Gift or Grant, by Us, or by any of Our progenitors or Predecessors, to the said Humphrey Fulwood heretofore made, in these Presents is not made; or any Statute, Act, Ordinance, Provision, proclamation, or Restraint, to the contrary thereof heretofore, had, made, ordained, or provided; or any other thing, cause or matter whatsoever, in any wise notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patents. Witness Ourselves at Westminster, the eighth day of March, in the ninth year of Our Reign. Wolsley. Per Breve de privato Sigillo. Thus you see how malice still pursued Master Alexander at the heels, in all the latitude and extent thereof: Yet did that good God, who first took him into his protection, now raise him up friends again in his greatest troubles and extremities: And when now he was ready to be utterly undone, and swallowed up of his adversaries, his Father in Law Master John Havors of Shelfanger in Norfolk, to whom he owes all the observation and duty of a son, and what shall ever rest in him to express his thankfulness, who beofre this time was dissuaded against him, from doing any thing for him, by means of his adversaries, who daily did instill into his ears rumours of ill behaviour, and of such things as might settle him in an ill opinion and belief of his conversation; thus at length perceiving that it was purposely done, that they might only gain the better opportunity to destroy him; he now better looking into the business then before, which God only moved his heart unto, found out, that it was a mere practice from the beginning utterly to undo him, without cause; and therefore, of his own goodness, presently did compound with the said Fulwood for discharging and releasing the said Fine, and paid him, and took his Acquittance, and had the said Letters Patents delivered to him; and paid and satisfied the said Yates, and took his Acquittance, for the said 130 l. costs, and all other demands; and in like manner compounded with that unjust and evil man Henry Nevil, for the 50 l. given him in the said Sentence for betraying his Client, and took his Release also; thinking now that he had removed all impediments whatsoever, which did lie in the way of M. Alexander's preferment in Ireland, being so far remote, and out of the eyes of those that sought his ruin 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 man's hand, which afterward covered all his Fortune again with blackness, threatening a mighty shower of destruction to follow, if not sheltered from the violence of it. It was M. Alexander's good hap, by God's 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 shown to all Master Alexander's 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 faithful to his Client, and zealous in their Causes, but shall and must have an ill report of the adverse side, who will hug 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 father's mother's Surname 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 Dudley Loftus Knight his fosterbrother, 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 Commonwealth, and Master Alexander having then purchased the Office of the King's Bench there in Ireland, during the life of one Master Henry Andrews the present Patentee, and Master Fitz-Geralds brother in law being also joined 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 success to follow him thereupon, as happened to Master Fountain and Master Cook the Lawyers, in those brave achievements 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 Majesty's 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 greatness might possibly prevail to do him hurt; and perceiving the inclination of the Court of Exchequer there, where the Cause depended, to overrule 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 Proceed, 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 Doctor 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 generals, against Mastere Alexander in particular, contrary to the mind of those from whom he received those Letters: and first he contrives a Writing, which he styles, 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 business 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 Alexander's old friends, the late Archbiship of Canterbury, Laud, and the Lord Coventry, then Lord Keeper, and shown them the said paper, which was presented unto his Majesty, with all the Aggravations possible, to incense and cause his Highness' indignation and displeasure to continue, if not to wax more hot and fierce against him, insomuch as his Majesty well knowing some of Master Alexander's good friends at Court, who had often laboured with his Majesty in his behalf, informed them thereof, that for the time to come they might no more solicit for him: And in the interim, Mastere Fitz-Gerald, or some other for him, upon his earnest solicitation, 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 custody, 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 misled the judgement of the said Court against a person whom he prosecuted. His Censure was, First, to be utterly disabled to practice as a Counsellor at Law, either publicly at the Bar, or privately in his Chamber. Secondly, to pay five hundred pounds Fine to his Majesty. Thirdly, to be committed to the prison of the Fleet, and before his enlargement out of prison, publicly at the Bar of the Star-Chamber (in humble and submissive manner) to acknowledge his offence against God, and the Court, and show himself sorrowful and penitent for the same, etc. pa hereupon, the said Jeromy Alexander fled into Ireland to avoid the said Censure, and there abides, and practices as a Counsellor, both publicly at the Bar, and privately at his Chamber, without obeying the said Censure; in contempt of his Majesty, and of the high and honourable Court of Star-Chamber, to the great scandal of the Professors 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 majesty, 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 joint 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 stayed at the Great Seal there, until 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 several of the Clergy, in this Kingdom: Of all which particulars good proof can be made from hence, by the several parties that have been injured by him. Copia vera. A. Hamilton. Thus you may perceive, that to reproach, is as easy 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 Ancestors, and as natural 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 progenitors; 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 adds, Being formerly an Attorney; as if it were a shame for a man to attain a better Fortune from less beginnings; and as if it had been a great disparagement for to have learned the practic part of the Law the first, which, those that better understand the study 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 inns of Court, that had not first been of an inn of Chancery, living amongst Attorneyes, to understand the course of plead, 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 withal. Albeit this Gentleman took upon him the boldness to do more than any other before him had done, and to cause his Majesty 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, than his means of livelihood? and starving to death, of all others, is said to be the cruelest murder. 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 than he, when they dissolved it for the extreme oppressions and grievances it brought upon the people. He would have Master Alexander's practising also in Ireland too, to be to the great scandal 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 himself; but bred up therein, I must confess, so far distant and remote from these Schools of that mystery, 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 scandal for a lawyer to have been fined in that Court in those days, as he doth press it, (albeit, I must confess) 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 scandal to him that doth 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 politic 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 perpetual slavery. You see also, it grieved M. Fitz-Gerald that M. Alexander's father in law had done so much for him, as to acquit him from all those Vulture, which for the Fine and other moneys, would have divided his coat: But that which stuck in his stomach the most of all, was, that the feared Master Alexander should also procure his Pardon of all the rest of the Sentence, without making submission to his Majesty, and the Court which censured him: though that were a little more than the Court had enjoynedto be done to his Majesty, yet see how by his goodwill he would have interested his Majesty in that business more particularly, though not more than the Sentence, and all to unfold a mystery which he, in his high conceit, apprehended was never understood before, by all those Apollo's and learned Judges of that Court, which, by his leave, were so well versed, and understanding that matter, and the project they had in hand, as they best knew where the shoe wrang; and what they had done in it, was for another end then all the wisdom he had could reach unto; and for his eyes, he was not so clear sighted, as to look into a Millstone further than they. But this was not all, for he saith further, Master Alexander lived in Ireland Very proudly and arrogantly, apt to fall into that scandalous offence again upon every occasion. It should seem by this, the Gentleman had a spirit of Prophecy, or was well versed in Physiognomy, that he could by a man's countenance tell him his Fortune; or that he had some Raptures or Revelations that made him so cunning to foretell things to come: for surely, to the eyes of those that lived there in conversation with Master Alexander, saw no such appearance: and as for Master Alexander's own heart and conscience, he found himself free from any such inclination; and all the following story of his life never yet declared any such matter. Then it must needs be, that spirit was in the mouth of Ahabs' Prophets, which deceived him; which because it were a shame for the Gentleman to confess, Master Alexander is content that he be silent; although his experience hereof by this time showeth him his error. But look a little further, & hinc illae lachrimae: Master Alexander endeavoured to be Clerk of the Crown, and to be joint Partner with Master Andrews; for so he says; and here the shoe wrung him: and then this Gentleman's great hopes, first to be Secundary thereof to his brother in law, and in time to be master of the Office himself, would be at an end. The Proverb is, that Murder will out: He traveled till he was delivered: And I appeal herein, if these wild Gourds spoilt not all the pot of Pottage: Dolosus versatur in universalibus: And whiles he kept his tongue within his teeth from relating particulars, to him that understood not the mystery of the business, would peradventure have approved his zeal, as if it had been for justice, upon one that never offended: But since his own interest appears now to be at stake, what indifferent man will believe him in all the rest. But, saith he, The Records of that Court coming to his hands, Master Alexander may do a world of mischief, having so fine a trick of raising and falsifying of Records. Surely, if the man had been well in his wits, and not past shame, he would have blushed and trembled to have presented such an untruth unto any man, much more unto such great Lords and Peers of the Kingdom; but most of all, unto a King: And I wonder when he perceived such strength of opposition to be against Master Alexander as he did, and with whom he practised, and thus joined to ruin him; that if he had ever read the Statutes of England and Ireland, (which I dare say he will tell you he hath done all over, and all the Books of the Law besides, and understands it far better than Master Alexander (which for a quiet life, he will grant him to be so into the bargain, that he may yet be more conceited of his own worth, and unparallelled abilities) but in such case he must, I say, have found, that to raze and falsify a Record is Felony: And if Master Alexander had committed such an act, the Court of Star-Chamber, by that Sentence, would never have troubled themselves for to have studied out means to have buried him alive, if they had had that nearer cut to have removed him out of the way: But on malice be it. And now if the Prayer of this Information be well observed, this will appear in its colours to all the world: It is prayed, That Master Alexander's Pardon might be stayed at the Great Seal. Fond man! I see thou knewest not that the Lord Coventry had solemnly vowed before, and professed; that never any Pardon of this Sentence should pass the Great Seal for Master Alexander, whiles he was Keeper of it; and he made but use of Master Fitz-Gerald in this kind, to give a further colour for this resolution: and yet, poor man, in he mean time, like the Fly that sat upon the Axletree of the Cart, he verily thought it was he that raised all this dust, which was the turning of the wheel: And he would have this Pardon stayed too, until Master Alexander should be transmitted by the Lord Deputy of that Kingdom, to submit himself unto the said Censure, not knowing that in this time he had made Master Fitz-Gerald carry the Rod which was to have whipped his own tail; for had he prevailed to have had Master Alexander attached here, he had instantly seized upon the Office, as wanting one to look over a place of such eminency in the State, in the absence of Master Alexander; and having been once possessed thereof, neither his brother in law nor himself had ever licked their lips after it, should ever have been the better for it: And Master Alexander can assure him, that if he would have parted with his interest therein unto his Lordship the then Lord Deputy, as he was earnestly dealt withal and treated with for that purpose, he was promised his Lordship's great friendship into the bargain, and 100 l. more, ready down, than Master Fitz-Geralds brother in law gave him for it. Then to look a little further in this Information: If all this could not be obtained, than Master Fitz-Gerald would play at small game, rather than to stand out; prayed, That there might be inserted in the said Pardon a Clause of Proviso, that the said Jeromy might not be allowed to practice or bear any Office in Ireland. You see how still he pleaded for his own interest, and how maliciously he set himself to have destroyed Master Jeromy; for now he thought him no longer worthy of his Surname of Alexander: and indeed, having ungentlemaned him before, and taken his Surname from him now; so, if he might have had his will in his desires, he would have left him without welt or guard, at the last: for if he could have prevailed that Master Alexander should not have been admitted to use his Calling, neither in England nor Ireland, niether publicly or privately, nor to have born any Office, What course could he have then taken for a living? dig he could not, and to beg he was ashamed; and what other way had been left him, whereby to have maintained himself and family? And this this worthy Gentleman would have done, to have satisfied his Spleenatick humour. Yet, like the son of such a father, he gives this reason for it; In regard, saith he, of his constant persisting in foul practice, having thereby done prejudice to some of the Nobility, and several of the Clergy in that Kingdom. You well know who was the father of such untruths from the beginning: And Master Alexander is certainly persuaded, that it was the invention of his own brain; for wrong he never did to any man in that or this Kingdom, nor in all the world, that he is conscious of unto himself; nor did any man there, that was not of his Confederacy, ever complain of the least ill measure or miscarriage done him by Master Alexander: And those Complaints wherein he had a hand, albeit they had the said Lord Deputies best countenance and assistance, and what he and all the enemies which he had could invent and put upon him; yet did Master Alexander clear himself of whatsoever Accusation, and left the shame to rest upon them all, to whom it justly appertained. But peradventure Master Fitz-Gerald will answer this, in the language that he informed it in, and whatsoever his ill meaning was in the matter, will take the words in their proper sense; and so 'tis true, Master Alexander by his Practice had done some of the Nobility and some of the Clergy prejudice: Sure it was his Profession to do so, when he overthrew them in their unjust Suits, wherein he was of Counsel against them, yet did them no wrong therein, nor injury; unless in Master Fitz-Geralds esteem it was not fair for any man of Law to have opened his mouth against a Lord or Prelate of those times: And for the Clergy, Master Alexander can but wonder that the should make use of their names in so false a thing as this, when 'tis well known, Master Alexander had no such ill opinion amongst the Clergy. And that you may perceive that Master Fitz-Gerald circumvented the Lord Primate of Ireland, in gaining this Letter from him under such Generals, to do Master Alexander a mischief: the Information being sent over to Master Alexander out of England, by his friends at Court, to let him know how his Majesty was thus again possessed and incensed against him; he went therewith unto the Lord Primate, and shown his Lordship the same; informed him that his name was made use of, as one that sent over this Complaint against him; which he utterly disclaimed; and, to go Master Alexander right therein, gave him the Certificate under his hand, which followeth in these words: AT and upon the humble request of Jerome Alexander of Dublin, practiser in the Laws, informing me, that he is credibly given to understand by Letters out of England, that his Majesty should be informed by Letters from me hence against him, whereby to alien and withdraw his Majesty's favour from him, in some thing now intended by his Majesty unto him: Therefore, to satisfy his desires herein, and all other whomsoever, I do declare hereby, That for my part, as I never had cause of any Complaint against him, now since his residence in this Kingdom have never heard that he demeaned himself here otherwise then orderly and well: so I profess that I never wrote any Letters unto his Majesty, or any person whatsoever, against him, either into England, or elsewhere; but do wish him much good, and would rather do him a pleasure (than otherways) if it should lie in my way. Given at my house at Dublin, this ninth of November, Anno Dom. 1633. Ja. Armachanus. Which being sent over for England, and shown unto his Majesty, begat a little better opinion in him of Master Alexander then before: Yet whensoever his Majesty was solicited for a Pardon in his behalf, the Lord Coventry still was advised with herein, as it was his place; who so incensed his Majesty still again and again against Master Alexander, as for a long time he stopped and kept the current of his Majesty's mercy from him: All which he did, fearing Master Alexander's return, and that he would complain of the injustice done him, which you may perceive he was no ways able to answer in this matter, the same so grossly appearing out of the proceed, that there needed no proof but the Records of his own actions, to manifest the same. And now after this, Master Alexander's father in law Master John haver's, and his uncle Captain Edward haver's, being well satisfied by Counsel of the iniquity of the Sentence, and by Master Noy for one amongst the rest, out of their mere goodness, could hold no longer, but were resolved, That if the Lord Coventry should interpose in the matter any longer, against Master Alexander, they would complain of him unto his Majesty: yet first they attempted again to obtain his Majesty's favour for a Pardon; which, with much ado, his Majesty granted; and for which, Master Alexander doth own very much to the Right Honourable the Earl of Pembroke, who being well informed in the business, and finding with what a high hand he was opposed by the Lord Keeper for his own ends, would not be denied of his Majesty therein; by which means it was obtained: Yet when it came to be drawn up, the Lord Coventry came to the King again, and would have persuaded his Majesty against it; but finding him and resolved to have it done, when he perceived it must pass, yet then with his importunities he prevailed to have the Condition inserted in it howsoever, That Master Alexander should not use his Profession here in England: and after all this, yet stopped it at the Seal for some time, notwithstanding, till Master Noy, being then this Majesty's Attorney-general, came to him of purpose, and told him reasons why it were better for him to pass it so, then to endure a Complaint; and thereupon he sealed it, much against his will; which followeth in these words: CHARLES By the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc. To all whom these Presents shall come, Greeting. Whereas in Our Court before Our Council in Our Star-Chamber, the seventeenth day of November, in the second year of Our Reign, in a Cause then there late depending, between Jerome Alexander Utter-Barrester at the Law, Plaintiff against John Yates and others Defendants; by Judgement of the same Court, the said Jerome Alexander was censured, for a foul misdemeanour and offence by him committed, in defacing and blotting out of certain words out of the copy of certain Depositions taken in the said Cause, for his own advantage and ends against the said John Yates; whereby Our said Court was misled in their judgements, in the censuring and condemning of the said Yates: and therefore it was then Ordered, Adjudged and Decreed by Our said Court, That the said Jerome Alexander, for his said foul offence and misdemeanour, was well worthy of sharp and severe punishment for the same; and that he should be utterly disabled to practise as a Counsellor at Law, publicly at the Bar, or privately in his Chamber; and to pay a Fine of five hundred pounds to Our use; be committed to the prison of the Fleet, and, before his enlargement out of prison, should publicly at the Bar of Our said Court, in humble and submissive manner, acknowledge his great offence against God and Our said Court, and should show himself very penitent and sorrowful for the same; and was further Ordered to pay and satisfy to one Henry Nevil a Clerk of the said Court, for and towards his loss and damages sustained in that Cause, the sum of fifty pounds of lawful money of England, as by the said Order and Decree, remaining of Record in Our said Court, more at large appeareth. And whereas Our well-beloved Subject John haver's Gent. father in law of the said Jerome Alexander, by his humble Petition to Us exhibited, hath showed unto Us, that his said son in law, being no ways able to satisfy the said Fine, was enforced to absent himself out of this Our Kingdom, into Our Realm of Ireland, where he hath ever since continued; and that, out of his commiseration of the distressed estate of his said son in law, his wife and children, being desirous to put him in a way to support his own charge, hath satisfied the said Fine of five hundred pounds, and also the said fifty pounds to the said Henry Nevil; and for that also the said Jerome Alexander hath ever since carried himself well and uprightly in Ireland, hath therefore humbly besought Us, that We would be graciously pleased to grant unto his said son in law Jerome Alexander Our gracious Pardon for the remainder of the said Sentence, being only Imprisonment in the Fleet during Our Pleasure, submission to Our said Court, and disabling him to use his Practice. And whereas We by Our Letters Patents under Our Great Seal of England, bearing date at Westminster the eight and twentieth day of March last passed before the date of these Presents, as well for and in consideration of one hundred pounds paid into the Receipt of Our Exchequer to Our use by Humphrey Fulwood Gent. as for other causes and considerations, in the said Letters Patents mentioned and expressed; did give and grant unto the said Humphrey Fulwood the said Fine or Sum of five hundred pounds, and all the benefit and profit of extent or seizures for the same Fine or Sum of money, or any part thereof, or towards the levying or satisfying of any of them, to be had or made, and all Our Right, Title and Interest of, in and to the same, and every part and parcel thereof; To have, hold and enjoy the said Sum of five hundred pounds, and all Our Right and Interest of, in and to the same, and every part parcel thereof, to the said Humphrey Fulwood his Executours, Administratours and Assigns, to his and their own proper use, freely, as of Our Gift, without recount or other thing therefore, to Us, Our Heirs or Successors, to be rendered, paid, made, or done, other than as in the said Letters Patents is expressed; as by the same Our Letters Patents, amongst other Powers, Authorities, and other things therein contained, more at large appeareth. Since the granting of which Letter Patents to the said Humphrey Fulwood, the Petitioner John haver's, as we are informed, on the behalf of his said son in law Jerome Alexander, hath fully satisfied and paid unto the said Humphrey Fulwood, the said Sum of five hundred pounds, or otherwise compounded with him the said Humphrey Fulwood for the same, as by an Acquittance under the hand and seal of the said Humphrey Fulwood, bearing date the seventh day of April, in the ninth year of Our Reign, testifying the same, more at large appeareth: And that he hath also satisfied and paid unto the said Henry Nevil the said fifty pounds before mentioned, to be awarded unto him the said Henry Nevil by the Sentence of Our said Court, for his damages as aforesaid, or hath otherwise compounded for the same, as by an Acquittance also under the hand of the said Henry Nevil, dated the three and twentieth day of May, in the sixth year of Our Reign, more plainly doth appear. Know ye therefore, that We being moved with pity, and at the humble Suit of Our said well-beloved Subject John haver's, of Our especial Grace, certain knowledge, and mere mercy, have pardoned, remissed, discharged, and released; and by these Presents, for Us, Our Heirs and Successors, do pardon, remit, discharge and release unto the said Jerome Alexander, by what Name or Names, Surname or Surnames, or addition of Name or Surname, Mystery or Mysteries, Place or Places, whatsoever he be called or known, or late was called or know, all and singular Pains of Imprisonment and Submission whatsoever, to be made to Our said Court of Star-Chamber by him the said Jerome Alexander for the said trespass and offence, and all other corporal punishments whatsoever, in or by the foresaid Order, Judgement or Decree imposed, ordered, adjudged or decreed against him; and all further Execution that We have or may have against the said Jerome Alexander by occasion of the said Sentence: Willing and Commanding by these Presents, all and every Our Judges, Justices, Sheriffs, Offices and Ministers whatsoever, that the said Jerome Alexander, for the premises before by these Presents mentioned, to be pardoned, remissed, discharged and released, or any of them, be not at any time or times hereafter in any wise sued, molested, vexed, attached, arrested, imprisoned, troubled, or disquieted; but that he be from all imprisonment for the same, and submission whatsoever to be made to Our said Court, for any the matters, offences, or causes aforesaid, for ever hereafter absolutely acquitted, released, and wholly discharged, by these Presents. And if, for the matters afore by these Presents pardoned, discharged and released, or either of them, the said Jerome Alexander is, or at any time hereafter shall be imprisoned, arrested, or disquieted, That then, upon showing of these Our Letters Patents, or the Inrolment thereof, he be forthwith freed, discharged, and set at liberty, without any further or other Warrant from Us, Our Heirs or Successors, to be had, procured or obtained in that behalf. And these Our Letters Patents, or the Inrolment or Exemplication thereof, shall be unto all men whom it shall or may concern, a sufficient Warrant and Discharge for the same. Provided, nevertheless, and upon this Condition, That the said Jerome Alexander shall not at any time or times hereafter practise as a Counsellor at Law within this Our Kingdom of England, either publicly at the Bar, or privately in his Chamber; but shall stand and be utterly disabled from the same, according to the Tenor of the said Decree and Sentence. Provided also, That if the said several Suns of five hundred pounds, and fifty pounds, or either of them, hath not been satisfied, as by the said Petition is suggested, that then these Presents shall be void; any thing herein contained to the contrary notwithstanding. Although express mention of the certainty of the Premises, or any of them, or of any other Gift or Grant, by Us, or any of Our Predecessors, to the said Jerome Alexander heretofore made, in these Presents is not made; or any Statute, Act, Ordinance, Provision, Proclamation, or Restraint, to the contrary thereof, heretofore had, made, ordained, or provided, or any other thing, cause, or matter whatsoever, in any wise notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patents. Witness Ourselves at Westminster the fourth day of December, in the ninth year of Our Reign. Per Breve de privato Sigillo. Wolsley. And lest you should suspect, that Master Alexander hath spoken much of this without-book, and without ground of the said Lord Coventries carriage towards him in this matter, by his continual interrupting His Majesty's grace and mercy towards him, for some years together; be pleased to read the following Affidavit, which Master Alexander hopeth will satisfy the truth of his Allegations. EDward haver's, of Windfarding, in the County of Norfolk Esquire, deposeth; That not long after the Petitioner Jerome Alexander was fined in the Star-chamber by that Sentence, against which he now complaineth; this Deponent being Uncle to his Wife, and understanding that the Lord Coventry, late Lord Keeper, was an heavy enemy to the Petitioner in that business, and desiring to get him a Pardon of the Sentence, did endeavour, first to prevail with the said Lord Keeper, that he would not oppose the passing of the said Pardon, in case the Petitioner could obtain it from His Majesty; and to that purpose the Deponent made means to the said Lord Coventry, by Sir John Hare Knight, the said Lord Keepers son in law, who laboured in it accordingly, as he told this Deponent, and persuaded the said Lord Coventry in the Petitioners behalf: But the said Lord Coventry, as the said Sir John Hare told this Deponent, would not be persuaded to it, but used these words to him, saying, Son, there shall never any Pardon pass the Seal for him, meaning the Petitioner, whiles I am Keeper of it: which for that time, put this Deponent out of all hope to obtain it; yet shortly after, the fine was begged, by one Master Fulwood, and passed under the great-Seal, who was compounded with for the said Fine, and Nevil for his fifty pounds, and Yates for the Costs. And when this Deponent attempted again to get a Pardon of the residue of the Censure, that so the Petitioner might have liberty to Practise, and used the Earl of Dorset, to move His Majesty in the Petitioners behalf, to obtain the said Pardon, who did so; and the late Lord Faulkland also joined in that Suit to His Majesty for the Petitioner: But the Lord Coventry still opposed it, albeit the said Earl of Dorset, begged it at the Prince's birth, as a Boon from His Majesty at that time; and so it rested till His Majesty went into Scotland; and there again this Deponent petitioned His Majesty at His Coronation there, for the said Pardon, and procured the late Lord Treasurer Weston to move in it for the Petitioner: But His Majesty remembering what the said Lord Coventry had informed him, against the Petitioner, notwithstanding all the means that could be made, refused it. Yet after His Majesty's return from Scotland, this Deponent did again solicit His Majesty by petition, in the name of the Petitioners father in law, this Deponents brother; and then again this Deponent procured the Earl Martial, and Earl of Pembroke Lord Chamberlain, to move in it for the Petitioner, who did so, and with great solicitation did obtain a Reference upon the Petition, and afterwards a Grant, that a Pardon should pass: And then this Deponent laboured by Master Thankful Fruen, the Lord Coventries' servant, to persuade his Lord, not to oppose it, who told this Deponent, that he did labour his Lord, the said Lord Coventry, that he would suffer the Pardon to pass, who as Master Fruen told this Deponent, did deny to yield to it, and said to him again, It should not pass the Seal, so long as he kept the great Seal, or words to that effect; and then as Master Fruen informed this Deponent, he told his said Lord, that he would be commanded to do it against his well, and therefore it were better his Lordship would do it willingly, but the said Lord Coventry would not be persuaded by him, and at length Master Noy, than the King's Attorney, persuaded the said Lord Coventry to seal the Pardon, as this Deponent verily believeth: For this Deponent applying himself to the said Master Noy, and telling him how the said Lord Coventry had before opposed it, and that he would oppose it: The said Master Noy told this Deponent, that he would warrant this Deponent the said Lord Coventry would then be of another mind: And the said Master Noy being at the said Lord Coventries at a Seal, when the Pardon was to be sealed, did whisper the said Lord Coventry in his ear: and so at that time it was sealed with that Condition, That the Petitioner should not practise as a Counsellor at Law in England; as is contained in the Pardon. Jurat. 17 Junii, 1643. R. . And now after all this, a man would have thought that Master Alexander should have been at some rest and quiet from further trouble in this business: But afterwards it so fell out, as that he, being entrusted by the Earl Martial of England in the managing of a Suit which his Majesty had given him for such Lands in Ireland as were his and his Lady's Ancestors, and to which he could make out a good Title for the King: which when he had waded in so far, as that he had made it to appear unto the then Lord Deputy the Earl of Strafford, that a good Title would be found for his Majesty to a great quantity of Land which had sometimes been the Inheritance of the Earls of Norfolk and Shrewsbury; covetousness, and something else, now made him the said Deputy to cast an eye upon it for himself: and lying all not far from Dublin, within the Province of Leinster, where the said Earl of Strafford had gotten some footing before; first, his Lordship did labour with the Earl Marshal to have quit his pretence unto it, alleging, that it would hinder his Majesty's designs of raising a Revenue in that Kingdom unto the Crown, and would be otherwise of differvice to the State; with other like Objections; with which he so prevailed, and with other Insinuations, and promise of service to the Earl Marshal in other things, that he had almost persuaded him to give over his Suit: And in the mean time the said Earl of Strafford had procured Letters from his Majesty, and issued out Commissions to entitle his Majesty to these Lands, as derived from the Earl Marshals and his Lady's Ancestors, which M. Alexander had discovered: And having found one Territory thereof, but not the tenth part thereof, afterwards procured more Letters for to pass the same to others at a small Rent, under a hundred pounds per annum, which was no less in value then between three and four thousand pounds per an. Which M. Alexander perceiving, informed the Earl Marshal thereof, and of the true state of things: Whereupon, his Lordship finding himself thus injured and abused by the Earl of Strafford, did labour his Majesty that he might go on with his Suit for those Lands, and did proceed so far, as that many of the terre Tenants, the ancient Natives, who had been in possession by intrusions by them and their Ancestors for many Generations, some hundreds of years, Master Alexander had so satisfied them in the weakness of their Titles, that, without more ado, the chiefest of them began to surrender, and did surrender their estates into his Majesty's hands, with intent that they should be granted to the said Earl Marshal and his Heirs, according to the Tenor of his Majesty's Letters in that behalf; and were resolved to stand to the said Earl Marshals courtesy for new Grants to hold of him and his Heirs: Which thing when the said Earl of Strafford perceived, and that, the Earl Marshal having gotten this footing, the said Lord Deputies project therein concerning himself to get those Lands, would be at an end; and so he was not only like to have too powerful a Neighbour, but his actions must thereupon be sifted and discovered, in that wherein he had broken both trust and all bonds of friendship with the Earl Marshal, now he the said Lord Deputy saw he had no other way to acquit himself, but either to gain Master Alexander unto his party, or by crushing him altogether, that so he might be quitted of him; he therefore attempted first by all expressions of favour towards him, to win him; and at all places, and in all cases, where he might show him countenance, he did it, for a time, till he perceived that nothing could take him from his duty, or to violate the trust the Earl Marshal had put in him, but found that Master Alexander the rather proceeded with the more zeal and earnestness in that business then before, and by this opportunity was able to have done the said Lord Marshals business without him; when he thought 'twas high time to turn about, and that speedily, or it had been too late; for all the possessors of those Lands were resolved to have made the like surrenders of their estates as their neighbours had done before, into his Majesty's hands, etc. Whereupon, spirits were raised up, to fined out other particular interests and claims of private men, which were set on foot against the said ancient possessors; and albeit without colour or shadow of Title, yet it was enough to embroil the business, and for to hinder the Earl Marshals smother proceed: and now a Bill was first brought against these Gentlemen, for no other cause, but for making these Surrenders of their estates into the King's hands; And because it was pretended to be done in prejudice of those claimers that had no colour of right; yet for this, and no other thing, were they grievously fined and censured in the Castle-Chamber there, for thus giving away their own Lands unto the King: and the Court of Wards, and all Courts there, were now filled with Suits against the Occupants, and their estates and possessions ordered from them, and they outed of their Interests, which they and their Ancestors had enjoyed for some hundreds of years before: and in this time they could get no Lawyer to plead or speak for them, but Master Alexander; for which cause, the said Lord Deputy had wrought all the Judges, some few excepted that were just men, to disfavour him, and fix whatsoever upon him to disgrace him, when he came in their way; also, whomsoever he was that would complain against him, had the said Lord Deputies ears open, and his creatures too more ready to receive, than any of them could possibly be for to petition against him: And thus Master Alexander had almost enough to do to make his own Defence against such clamours and false things which were thus received against him, whereof he still cleared and freed himself; but without any recompense of his losses and damages thereby sustained, and without all repair for the base scandals were thereby put upon him: whereupon, he perceiving himself thus resolved and destined unto ruin, by some one means or other, were it right or wrong; and having understood out of his Lordships the said Lord Deputies secret Closet, that he had assuredly purposed and determined to ruin him; therefore, foreseeing the danger, M. Alexander prepared, the best he could, for to prevent it: and now by the opposition that was between them, by which means those that were in like manner oppressed did still repair unto Master Alexander for advice and counsel, he understood the most of his wicked actions; and observing his ways against others, and that there was no fence for him to save himself, whom he purposed for no destroy; therefore Master Alexander came for England, and yet without his Pass, which was the thing he stormed at; having before this time made an Act of Common-council (which he declared should in all things be as binding as a Statute-Law) That no Subject of Ireland should come for England, or go elsewhere beyond the Seas, without his special Licence: which when any endeavoured to obtain at his hands, against whom he had any thing to say, he must be sure to ask and go without: howsoever, if he had no fair pretence; yet than it must be delayed at the least, so long, until some way or other was found out to obstruct his passage; and so enthrall and trouble the Passenger, as ruin was the end at last, against whomsoever his displeasure and indignation did arise: And if it did so fall out at any time, that any man had obtained his Majesty's Letters to him, requiring his permission to let him come for England, he would notwithstanding hinder him, if he were such a one as he had no mind to let departed, or whom he feared might tell tales at Court: therefore Master Alexander procured the Warrant following for his repair into England, and made use of it for his coming away accordingly. To the Lord Deputy of Ireland. RIght Trusty and Right Well-beloved Cousin and Counsellor, We greet you well. Whereas Our Right Trusty and Our Right Well-beloved Cousin and counsellor, Thomas Earl of Arundel and Surrey, Earl Marshal of England, hath especial occasion for the service and employment of Our Subject Jerome Alexander, who is now residing in that Our Kingdom; and hath therefore desired Us that he may have Our especial Licence for his repair hither into Our Realm of England: We do therefore hereby will and require you to declare and signify unto him the said Jerome Alexander, That it is Our will and pleasure that he do with all convenient speed make his repair hither. And We do further will and require you, That you suffer not any impediment whatsoever to delay or hinder him in his coming: And likewise, That you take course that in his absence he may not receive any loss or damage by any Suits, or otherwise, to be prosecuted against him, concerning him or his estate: And these Our Letters shall be your sufficient Warrant and Discharge in this behalf. Given under Our Signet at Our Manor at oatland's, the first day of August, in the thirteenth year of Our Reign. This is examined, and agreeth with the Entry in the Signet-Book. 26 Martii, 1641. Abra. Williams. By force of which Authority, Master Alexander made his repair over, having delivered his Letters first: But his Lordship not being at leisure to give an Answer, he took his Voyage, and was here in London before that ever his Lordship thought he had left that Kingdom; whereat he was much troubled and enraged, and therefore wrote over these ensuing Letters to Sir Francis Windebank Knight, than one of his Majesty's principal Secretaries of State, for to inform his Majesty against Master Alexander for his coming over thus, before his Lordship had declared it to him to be his Majesty's pleasure; and that would have been possibly ad Grecas Calendas. SIR, I Am occasioned, by His Majesty's Letter of the first of October, underwritten by yourself, to desire not only my Lords of the Committee, but that the King also may understand how this Government hath been of late treated, nay slighted, in my Person; and that it may be there considered and directed, as it hath singly Relation to His Majesty's Authority, and the Public; not conceiving it at all otherwise to concern my own particular one way or other. You may be pleased to remember how the Earl of Kildare lately went hence, and in what condition his Majesty sent his Lordship unto us, together with a Command that an Information should be put in against him in the Castle-Chamber, for his contempt in departing the Kingdom without Licence: Nevertheless, by His Majesty's Direction, the prosecution hath hitherto been forborn, by reason of the sense his Lordship expressed of his error; and in hope, out of the apprehension of his own danger, he might be induced to yield his consent, so to settle his estate, as might preserve that ancient Family from the present Ruins his obstinate and ill-ordered appetites will otherwise most assuredly and suddenly cover it withal. But it seems this gentleness and moderation wrought a quite other effect than was hoped, and rather emboldened, then in any degree restrained that humour of contradiction, which good Gentlemen he believes aught and can only express the greatness and spirit of a Gerraldine. For not long after, in a Case depending betwixt the Earl and the Lord Digby, his Lordship found stomach to deny bringing in of certain Writings concerning the Castle of Leigh, whereunto his Lordship is obliged, by the Award of King James of blessed Memory; and persisting in his contempt, was, about six months since (and so continues still) committed by Order of the Deputy and Council. A month ago, or thereabouts, I sent my Secretary to acquaint his Lordship I understood the Countess his Lady had been all the night before at the Ring's end, waiting upon a passage for England; but the wind turning cross, had constrained her Ladyship to her lodging again: Thus as a friend I wished his Lordship to call to mind the manner of his Lordship's last going over, and coming back; that I was unwilling my Lady should meet with any displeasure or trouble, on the other side: and therefore, if I might understand what number of servants, Coach-horses, or any other accommodations she desired for her journey, I would instantly send her Ladyship my Licence for them all. The Answer his Lordship sent me, was, His wife went against his will; that he would be glad I stayed her: And the next I heard, her Ladyship was landed at Holyhead, rid by Post-horses thorough Wales to Chester, and so by Coach to London. And howsoever, as under favour, I judge it not becoming any Subject, how great soever he either is, or takes himself to be, thus, out of animosity or wantonness, not to content himself to do his business, without he may also please and magnify himself, through a preterition and scorn put upon us his Majesty's ordinary Ministers, and the Government itself: So is it altogether intolerable, when men of mean and defamed condition shall flatter and blow themselves up to a like vanity and presumption. And yet such a one there is, by name Master Jerome Alexander, a Counsellor at Law, who, by untrue surmises, I conceive, to my Lord Marshal, hath procured the Letter I first mentioned, under the Signet, That, as of a person of whose service and employment his Lordship hath especial occasion, I must declare and signify unto this Gentleman, that it is His Majesty's will and pleasure that he do with all convenient speed make his repair thither; am required not to suffer any impediment to hinder his coming, and likewise to take course that in his absence he may not receive any loss or damage by any Prosecution against his person or estate. Indeed I something wonder the Gentleman should do in this manner, having never had from me in his life, either in the course of his Practice, or otherwise, other then courteous and respective usage; and which I take unkindly from him, I confess, thus to insinuate with my Lord Marshal, before he had ever acquainted me with his occasions, or desire of going over, as if I should be against his departure for his Lordship's service, unto whose Affairs I have been understood to wish as much prosperity, as any other poor servant his Lordship hath: nay, so evident a truth is this, as His Majesty, I am most confident, will graciously remember it to have been verily so, in more particulars than one. I may therefore sincerely affirm, that if Master Alexander had desired, in his own name, much more for my Lord Marshal his occasions, to have had Licence, it should have been as soon granted as moved: What need was there then for him thus to seek it, in this implicit and braving manner, as if it were to be whether I would or no, before ever I were asked the question? And yet let me instruct him, please or raise himself never so high by these little Assumptions, they will not much value him, with wise men, for all that. Next, I must confess, I am not well pleased he should wrap me under the like Gild of Disobedience with himself, by not admitting me so much respite as to do my Master's will, and to declare and signify unto him the King's pleasure, according as I was directed: For whereas upon the receipt of His Majesties said Letters, and being informed from the Bearer of Master Alexander's abode in the Country; my Answer was, That at his coming to Town the business should be dispatched. After I have certified you very truly, the Letter came not to my hands before the sixth of this Month, and that he was seen in London the ninth of the same, it will easily and plainly be gathered, the Gentleman was gone before he vouchsafed so much as to deliver me the Letter: And yet I attribute it rather to height of mind and stomach, then to his over-dilgence, thus first and last to overrun the Constable. Again, out of my Duty to the orderly and comely proceeding of these Affairs, admit me to observe the ill consequence I fear must follow such an ill Instance as this, as well in the general, as in this particular: In the general, we shall be sure to have Suitors enough in this kind, if that they may thus procure, not only leave to go over, but Protections Royal also, which may free them not only from the Civil demands of the Subject, but from any Criminal Prosecution against them, on His Majesty's behalf; and not only so, but that the King's Deputy must be enjoined to take course for every private man's business, that hath, or may have enough of his Majesties to attend besides: And in this particular, I know not how it might be thought His Majesty had been informed, to give such an especial and gracious Protection to a person that was but a few years since publicly sentenced and branded for a foul and corrupt Forgery, in the Star-chamber of England; So as it is truly to be wished, the Gentleman may prove more faithful to his Lordship's commands and services hereafter, then in those times it seems he was, either to his own conscience or credit. And lastly, give me leave to acquit myself, upon this occasion, of a severity imputed unto me, by the ignorance and malice of some, as if this restraining of men's going over without Licence, were a newfound holiday of mine own, and first introduced by me, than which, God wots, nothing more grossly mistaken; for it is most plain, that by the ancient Law I was penally imposed upon this subject, which appears by the Statute in this Kingdom, of 25 of H. 6. cap. 2 and 9 which reciting, That hereafter no Liege-mans' Lands should be seized, though out of the Land, if so be it were by the Command of the King his Lieutenant, etc. implies, That before that time if they had gone, of their own heads, their Lands were then, and still are to be seized into the King's hands. Next, in reason of State and Government, it hath always been so declared and practised by many Acts of State, and all the Governors successively; it being in truth most dangerous to the Crown of England, That this subject, so much addicted to hold Intelligence and foreign dependences abroad, should have liberty to be transported as they list, without giving any account at all of themselves to the present Governor. And in the last place, as a matter much conducing to the good and quiet of this Kingdom, they themselves, in their twelfth Article of Graces, beseech the King it may be so continued: And his Majesty, by his Princely Answer, assents, and enjoins it to be so practised and observed. So as after all this, there must be many better tokens than any as yet I have heard, before the child can, by any interepretation, be taken or believed to be mine. And thus, in all humility, I submit the consideration hereof to his Majesty's wisdom, best able to discern an inconvenience, and seasonably to apply the proper remedy, resting, Your faithful humble servant, Wentworth. Dublin, this twentieth of November, 1637. Received the seventh of December. By which you may perceive, Ovem in front, Vulpem in cord gerit: he pretends fair, but meant nothing less than what he said: all his endeavour was, to have Master Alexander sent to him back again with a Rod at his back, as the Earl of Kildare was, of whom he gives instance for that purpose: But His Majesty having read the Letters, was displeased for a time, and caused Master Alexander to be committed to the Fleet for this, notwithstanding he had His Majesties own Licence for his coming over. And well it was for Master Alexander that he was so imprisoned; for though it was conceived too much punishment for so small an offence, yet it stopped the Earl of strafford's mouth from all further complaint against him; or otherwise he would never have left, till he had gotten him to have been sent over back again for Ireland, and left unto his mercy. You may also perceive how willingly he was mistaken, falsely to scandalise and traduce Master Alexander unto His Majesty in the matter of this Sentence, terming the Accusation Forgery, which he well knew was not so, having had a finger in the business long before; but did it purposely to lay a block in the way of Master Alexander's preferment, fearing lest Master Alexander, by his friends, might procure something of his Majesty's Gift that he would not have been well pleased withal; and if he and his best friends had not bestirred themselves quickly, and to purpose, Master Alexander had been so placed by him, as must have offended him to the heart; which place to have been settled upon Master Alexander, he would not have much cared either for his power or anger. For the manifestation of this truth also, be pleased to see the Warrants for his Commitment and Discharge. THese are to will and require you forthwith to receive into your Custody the body of Jerome Alexander Gent. herewith sent you, and him to keep in your Custody, till you shall receive Order for his enlargement. And hereof you are not to fail. Dated at Westminster, 18 Feb. 1637. To the Warden of the Fleet, and to his Deputy. FRA. WINDEBANK. Vera Copia, examinator per Tho. Revel, Cler. de le Fleet. WHereas, by His Majesty's Command, I committed to your Custody the body of Jerome Alexander: His Majesty being graciously pleased that he shall be set at liberty, These are therefore to require and authorise you forthwith to enlarge and set at liberty the said Jerome Alexander; for which this shall be your sufficient Warrant. At my house at Westminster, the 15 day of March, 1637. To my loving friend the Warden of the Fleet, and to his Deputy and Deputies, these. FRA. WINDEBANK. Vera Copia, examinator per Tho. Revel, Cler. de le Fleet. Thus far you may perceive what oppression Master Alexander still endured by he opposition of these great Favourites of those times; yet still God delivered dim out of all: But the said Earl of Strafford growing still into more and greater favour with his Majesty every day than other, as the business he laboured in grew riper, and nearer execution: And Master Alexander perceiving, that, albeit the late Lord Viscount Loftus of Ely, sometimes Lord Chancellor of Ireland; the Lord Mount-Norris, now Viscount Valentia; Sir Frederick Hamilton Knight, and others, had against him to be heard, in the foulest, and most palpable, and gross injustice and wrong done them, that ever was done, or heard of to be done in a Civil Commonwealth, and yet could obtain no right or redress of their injuries; but, instead of relief, were crushed, by means of his power and greatness: And knowing him to be an implacable adversary, that never was satisfied, without the ruin 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 sat down and settled, 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, than 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 Spiritual and Temporal in the upper-House of Parliament assembled. The Humble Petition of Jerome Alexander: Showing, THat the Earl of Strafford conceiving causeless malice against your Petitioner, in or about the month of July, in the twelfth year of his Majesty's Reign, being then in England; and at divers and several days and times, both before and since, he expressed the same toward your Petitioner, as well by disgraceful and scandalous words and speeches uttered and spoken by him against your Petitioner to sundry Earls, Lords, and Peers, and others His Majesty's loving Subjects of all his Highness' 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 Enrolled, 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 disannul 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, until his Lordship should give further order therein. And afterwards the said Earl so involved and encumbered your Petitioner with References thereupon, and Examination of Witnesses, first without Oath before Referrees, by his Lordship appointed to hear the business, and upon oath before the Clerk of the Council, and otherwise; that your Petitioner besides the loss of his time, and the neglect of his Profession, spent great sums of money in his defence, and for the clearing of himself; and it was a years time and more, before your Petitioner, withal his utmost diligence and best means used, could get to be dismissed from before his Lordship in that suit, 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 only 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 damages 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 Legal proceed; the said Magennise was not able to pay and satisfy unto your Petitioner, his damages 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 criminal way, but gaining nothing from them discovered worthy of blame, his Lordship shown himself discontented thereat, both against such, and your petitioner, branding your Petitioner with the name of a skurvey Puritan, and threatening both him and the Party, that would not be drawn for to accuse him: By means whereof, and the said Earls further disaffection shown 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 scandalise your Petitioner, both publicly and privately, without hope of redress: 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 blood, and was put in great peril 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 practice for a whole Term 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 Majesty's Court of Chief Place in Ireland, where Issue was joined, and a day of Trial 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 Counsel and Witnesses, prepared for the said Trial; then and not before, the said Fearnsley produced an order signed by the Earl of Strafford, and some others of His Majesty's privy Counsel of that Kingdom, whom his Lordship had interessed therein, together with himself, which was in the nature of an Injunction, commanding your Petitioner not to proceed in his said Trial, and to refer th' hearing of the business to certain Referrees, intimate friends of the said Fearnsleys, who were thereby appointed to hear, and end the same; and this was done before your Petitioner was ever called to make answer to the said Petition, or that he was ever heard to say what he could object against it: And albeit, your Petitioner did afterwards Petition his Lordship and Counsel, showing the false suggestions of the said Petition, and desiring to be left unto the Law, yet could not your Petitioner obtain a dismission thereof; but the said difference was notwithstanding continued, referred to the said Referrees, who conceived an order, which your Petitioner durst not to gainsay, all of them being persons, before whom your Petitioner daily appeared in his Clients Causes; which was, That your Petitioner should accept of 40 l. at certain times, in the said order mentioned, when your Petitioner had spent above 40 l. in the prosecution of the suit, besides his other damages and losses, to amounting above a 1000 l. more. And whereas your Petitioner was Lessee for years of certain Lands and Tenements, lying in the Town of Kilmainham near Kels, in the County of Meath, within His Majesty's said Realm of Ireland; the Parson of the said Parish of Kels, pretending, that the greatest part of the said Town of Kilmainham, did lie within the Limits and Precincts of the said Town of Kels, made claim to the Tithes thereof: Whereof, neither he, nor any his Predecessors, Parsons of Kels, within the memory of man, had ever received any Tithes there, nor had he any colour to demand the same; but presuming to find all favour against your Petitioner, did therefore Petition the said Earl and Council for recovery thereof; to whose Petition, your Petitioner was ordered to make answer, and did so do; and in his answer, and otherwise, it was informed to the said Earl and Counsel, That the same was matter of Inheritance, tryable by course of Common-Law; Wither he craved to be dismissed, and also craved in aid of his Lessour, to be made Party with him, at least to the said suit, that so his Inheritance might not be bound, without his own defence: but this was not admitted, but the same Parson of Kells permitted still to go on, and proceed in the said suit, against your Petitioner only, to Issue, and Examination of Witnesses; by which means, your Petitioner lost much time from his Calling, and other Employments, and was enforced to expend great sums of money for his defence, to his further trouble and vexation, and damage of 500 l. more. That the Right Honourable the Earl Martial of England, on or about four years since, procured His Majesty's Letters and Licence for your Petitioners repair hither about his Lordship's occasions, which your petitioner caused to be delivered to one of the said Earl of strafford's Secretaries in Ireland; his Lodship being then busy, and not to be spoken with, when your petitioner took the opportunity of a ship, being then ready to set sail for England, it being in the dead time of Winter, and no other shipping expected to go from thence of a long time afterwards; whereat the said Earl was mightily moved and enraged, and threatened your petitioner, and by his Lordship's Letters then, and otherwise since, hath informed His Majesty, and others, against your petitioner of foul crimes and misdemeanours, whereof your petitioner is innocent and guiltless; and for which, your petitioner was committed to the prison of the Fleet, and lay there restrained for a long time. And thus the said Earl of Strafford hath drawn not only His Majesty's ill opinion, and disaffection towards your petitioner, but also the distaste, and ill conceit of many Noblemen, and others, who before time employed your petitioner in their business, and from whom your petitioner before then, had countenance and good respect: And by this means also, your petitioner for this four years almost last passed, hath been kept from the use of his Calling and Profession, and from the comfort of his Wife, Children, Fortune, and Estate, and spent great sums of money for the support of himself, to his further damage of 5000 l. more. That in your Petitioners absence in England, the Lady Anne Crosby, Widow, your Petitioners near Kinswoman, was stirred up to Petition against your Petitioners wife in Ireland, to the said Earl of Strafford, upon an Obligation of 2400 l. specialty, conditioned for payment of 1200 l. with interest, which was not then due, nor until a year after demand; at which time also, one Arthur Hill Esquire, was also by recognizance, and other good securities, to pay then presently unto your Petitioners said wife, for the use of your Petitioner 4540 l. Stir. and more, which your Petitioner had appointed to pay to others, in Redemption of his Estate, then in Mortgage for so much money, then to be also paid; but upon the said Lady's petition, without every making your Petitioner a Party, and before that your said Petitioners wife was served to make any answer to the said Petition, his Lordship made an Order upon the said Ladies Petition, that your petitioners wife should answer the premises, and that in the interim, the said Arthur Hill should stay and retain in his hands of your petitioners money 1200 l. whereawith to pay the said Lady; and afterwards, the said Lady the second time, petitioned the said Earl, to have the said 1200 l. out of the said Master Hills hands, and to have your petitioners wife restrained from coming over hither to your petitioner. And then albeit, your petitioners wife answered the said Ladies petition, and did thereby show good cause, why the said Lady ought not to demand the money, and prayed to be left to the Law; yet the said Lady so far prevailed therein, that she gained the said money with interest, and damages for the time; she caused it to be deposited in the said Master Hills hands against all Law, or Equity; and had not some other provision been made for payment of the Mortgage money, your petitioners Estate had been under a Forfeiture, and in great danger to be lost. All which extrajudicial proceed, and grievous oppressions done unto your petitioner by the said Earl of Strafford, to your petitioners utter overthrow and undoing, and against the common and ordinary Rules of justice, in His Majesty's Realms of England and Ireland; he humbly beseecheth this Honourable Assembly, to take into consideration, and do therein for your petitioners relief, as in your great Wisdoms shall be thought fit: And that because your petitioners Witnesses are many, and some Noblemen, and of great quality, the most of them in Ireland, whose charges your petitioner is not able to bear, to bring personally before your Lordships hither, to be examined in the premises: Therefore to grant unto your petitioner, that a Commission may Issue forth to such fit Commissioners, to be named by your Lordships, for taking and returning of their Examinations, as in your great Wisdoms shall be thought fit; and that such as are now in Town, may be directed to be presently examined; and that your petitioner may have your Lordship's Order and Direction for fearches, withal Secretaries, and other Officers, whom it may concern, for Authentic Copies of such Records and Writings, as any ways do concern the premises: And further, to grant your petitioner that privilege, That he may freely go and come about his business, without the molestation and trouble of any. And your Petitioner shall pray. But the said Earl being executed for Treason, ended Master Alexander's Complaint, and so left him, and all others that had petitioned against him, without remedy or relief. And least Master Alexander also might be thought to have let this matter of his Sentence, rest without question, or desire therein for to be purged, there being an opportunity now given by the sitting of this Parliament, to redress such Injuries; he no sooner came home, and returned out of his Travels, but he likewise presented his petition to the Honourable Lords in Parliament, for the review and reversal of this so unjust and erroneous Sentence, the Tenor whereof followeth, To the Right Honourable, the Lords Spiritual and Temporal, in the upper House of Parliament Assembled; The Humble Petition of Jerome Alexander: HUmbly showing, That in Michaelmas Term, in the second year of His Majesty's Reign, your petitioner brought a Cause to hearing, wherein he was Plaintiff, against one John Yates, and others Defendants in His Majesty's Court of Star-Chamber; for Perjury, and subordination of Perjury, Imbracery, terrifying of Witnesses, and other like foul offences, and misdemeanours, in the said Bill of Complaint appearing. At which hearing the Deposition of one John Warren, taken in the Proceed of that Suit, was read against the aid Yates, to convince him of the terrifying of Witnesses only; and upon reading of another Deposition of one Robert Warren Clerk to that point, the Court was satisfied of the guilt of the said Yates of that offence, and thereupon pronounced a sentence against him for the same. And as to the other charges of the said Bill, nothing was read or enforced, for the Perjuror being dead before the hearing, though the Perjury and Subordination were fully proved within the Books, yet for that Cause, did not your Suppliants Counsel press any Testimony to enforce that accusation of Subordination against the said Yates; which was indeed the main thing, whereof your petitioner complained in his Bill. And your petitioner saith, That a sentence being pronounced against the said Yates as aforesaid, and the Court then proceeding to other business, your petitioner departed; and afterwards, when the Lords were risen, whilst yet they were in the inner Star-Chamber, the then Lord Coventry, Lord-Keeper, was informed, That in the Paper Copy of the said John Warrens Deposition, the word, viz. (that and did) were stricken out with a Pen, in the said Copy, and not read in the said Deposition at that hearing; which as it was informed, altered the sense of the Deposition, and made it to be positive and direct, which otherwise was doubtful and uncertain: And then, that the said Yates stood convicted but upon one single Testimony; whereupon, the said Yates was instantly discharged, and dismissed with an 130 l. costs, adwarded against your petitioner, or thereabouts. This Oblituration of the said words was observed at the hearing of the Cause, in the hands of one Henry Nevil, your petitioners Solicitor in that Court, when he read the Deposition; but then was not informed to the Court, which had been the proper time, but was omitted of purpose, as your petitioner conceiveth; That afterwards your petitioner might not enforce any other Testimony, or matter (which he then might, and could have done) sufficient to have convicted the said Yates guilty of the said offence, and for to have cleared your petitioner from that accusation, as that a business might be made of it, to ruin and undo your petitioner, as the sequel proved. And it being observed, that the Lord Coventrey, late Lord-Keeper, than appeared therein against your petitioner, he could not afterwards procure his Counsel further to press any thing against the said Yates, to maintain that Charge, and continue the Sentence against him pronounced, or that might clear your petitioner from the said offence and accusation. And the same being called into question and examination, albeit your petitioner did thereof sufficiently purge himself upon his Oath, and otherwise, and did truly lay the fault, where the blame ought to lie, upon the said Henry Nevil, who was the doer of the Fact; and albeit, nothing was, or oculd be proved, or made to appear against your petitioner to the contrary, of that he made to appear, for clearing of himself; yet the said Nevil being a Member of that Court, and therefore favoured all that might be possible, the matter was so carried, that in your petitioners absence out of Town about his necessary affairs, the same was made the only proof of his guiltiness, which being endeavoured to be fortified with several mere Inferences and Suppositions, and mistaken Observations from your petitioners countenance, and supposed personal behaviour in the carriage of himself, pressed beyond all indifferent interpretation, and the truth itself; and upon some other extrajudicial matter enforced also against your petitioner without any ground, and against the Forms and Rules of the ordinary proceed of that Court, a conclusion was drawn from these false premises, to charge your petitioner with that offence; and thus your petitioner was fined to his Maty in 500 l. and 50 l. was adwarded against your petitioner, to the said Nevil for damages; and your petitioner was further adjudged, never to use again his Profession and Practice of an Utter-Barrister at Law, eitehr publicly at the Bar, or privately in his Chamber, and to remain committed to the prison of the Fleet: And before your petitioners enlargement, it was further adjudged, That your petitioner must at the Bar of the said Court, in humble and submissive manner, acknowledge the same to be his offence (whereof he was innocent) against God and the Court, and to show himself very penitent and sorrowful for the same; and withal, was left and declared to the Society of Lincolns-Inne, whereof he was a Member, as unworthy to live in the Society; who thereupon was expelled the house, his Chamber seized and disposed of: And thus in an instant of time, your petitioner was made more miserable, then if he had never been born. And all this done (with so high a hand) that by this means your petitioner might be utterly deprived of all support, and disabled ever to look up into the World again, either to seek for help or relief, againsT this extremity, or to maintain himself and Family, by any course of life, to which he had been bred. Which when your petitioner understood, and not before, he was enforced then to leave his Country, his Wife, Children, Friends, and Profession too, which he had acquired with the expense of his whole Patrimony, and the whole Study of his life then before. Nor had your petitioner (being thus exiled) settled himself for any long time; but the malice of his adversaries so vehemently pursued after him, That the said Fine was begged of His Majesty, and passed under the Great Seal, to hinder any possible instalments or Composition for the same, but what they Grantee thereof pleased. And further, to forestall your petitioner by any addresses to be made to His Sacred Majesty, for pardon of the residue of the said Censure, it being the only way then left unto your petitioner (till this happy opportunity) to gain your petitioner so much as a Being in the World, His Majesty being so strongly informed by the late Lord Coventry, Lord-Keeper, and others, against your petitioner, for this only Cause enforced to be so Capital, That your petitioner was not a man worthy, or fit for His Majesty's Mercy; yet your petitioners Friends, out of mere Charity and Commiseration of your petitioners deplorable Estate, discharged the said Fine of 500 l. to the Grantee, and the said 50 l. to the said Nevil, and the said 130 l. to the said Yates; and yet your petitioner for this fifteen years now last passed, or thereabouts, hath thus been debarred the use of his Calling and Profession in this His Majesty's Realm. And now humbly beseecheth this Honourable Assembly, to take the same Sentence into consideration, and to review and reverse the same, and to proceed therein for your Petitioners relief, as in your Wisdoms shall be thought fit, with order and direction to all Officers, and others, whom it may concern, to have Searches and Copies of all such Records and Writings, as concern these proceed. And he shall pray, etc. Which being so preferred, it was by their Lordship's Order of the 12. of May, 1641. And of several other Orders made by their Lordships, referred to the Lords Committees, appointed for the Star-Chamber, to be heard, as the same Order, and the rest, ready to be produced, will make appear. Die Mercurii, 12. Maii. 1641. IT is this Day Ordered by the Lords Spiritual and Temporal, in the High Court of Parliament Assembled, That the Petition and Cause of Jerome Alexander, Esquire, shall (by virtue of this Order) be referred to the Lords Committees, appointed for the Star-Chamber, whose Lordships are to meet and consider of the said Petition on Monday the 17. of this insTant May, by two of the Clock in the Afternoon in the Painted Chamber: And all Parties formerly appointed to attend the said Cause are then to appear before their Lordships. Joh. Brown, Cler. Parliamentorum. Then that it may appear with what earnestness Master Alexander pressed the hearing of this Cause, and to make all prepration for it, having formerly lost all his Papers and Copies of Bills, Answers, Depositions, and proceed in that business: By the favour of the Honourable Lords, he also gained the ensuing Order, and by that, had the favour to procure the same with more speed: But for all that, the said plead and proceed, cost him much money. IErome Alexander hath Petitioned the HOuse, to review and reverse a Sentence given against him in the Court of Star-Chamber in Michaelmas Term, in the second year of the King; all his Witnesses concerning that business are casually lost, Prays the Order of the House, to all Officers whom it may concern, to make searches, and to take Copies of all Records, and Writings in their several Offices, such as he shall think sit: And that for the reason aforesaid, That he may have liberty to write them himself, without paying any Fees. And that Master Henry Jones, one of the Attorneys of the Star-Chamber, be required to bring into Court, the Paper Copy of one John Warrens Deposition, taken in a Cause there, wherein the said Alexander was Plaintiff against one John Yates, and others Defendants, which is remaining in his hands, and to deposit the same in the hands of the Clerk of the Parliament, to be ready at the hearing, (for upon that Paper Copy the Sentence is grounded) And that the said Alexander's Counsel may have a sight of it, the better to prepare for the hearing. All which being read and considered of by the Right Honourable the Lord's Committees for the Star-chamber, their Lordships do appreve thereof, and Order accordingly. Veneris, 5. Martii. 1640. Joh. Brown, Cler. Parl. But the great and public Affairs of the Kingdom increasing and growing every day more and more; albeit, Master Alexander did labour all the ways, and friends he had, for to have gotten his said Cause to have been heard, yet could not procure it: So that after almost a years attendance about it, with no effect, he was enforced to forbear the further solicitation of it for a time, and made his repair over unto his Estate and Family in Ireland, from which he had been absent above four years and a half before, constrained by the Earl of Strafford as aforesaid, where he had not continued above five week's space, or little more, but thta horrid Rebellion there broke forth, Master Alexander being then in the County of Meath, not aboe 24. Miles distant from the City of Dublin or thereabouts, and within the Pale, little sulspecting any such danger; and whereas the Tragedy should have been acted at Dublin the 23. of October, 1641. Which blessed be that good God, which so miraculously prevented it, upon the 24. day of October, 1641. There was an attempt made upon Master Alexander, to have surprised him, his wife, and family, which had assuredly been his destruction, and was the immediate finger of God that preserved them: And albeit, he escaped with his wife and family, the most of them with their persons; yet did the said Rebels, both there, and in other places of that Kingdom, then instantly seize upon a personal Estate of his in Goods, Chattels, and Cattles, to the value of 6000 l. or thereabouts, and possessed themselves of a real Estate of his in Lands, which yielded him above 1000 l. per anaum, all which they shared and divided amongst them, and do possess to this day. Thus than you may perceive into what sad a condition and distress Master Alexander was brought again upon a sudden, being despoiled of his whole Estate and Fortune; and by reason of the troubles, both here and there, out of all hope or expectation any way to acquire any livelihood, and subsistence for himself, his wife, children, and family; yet in this great strait, chose rather to come for England, then to remain there, where he perceived he could neither do good for himself, or the Country; and being come over, that good God who hath hitherto never forsaken him in his greatest troubles, did so move the hearts of his friends, and acquaintance, that they gave present supply unto his necessities, beyond whatsoever he did imagine, or could expect: And now if he would have remained with them in the Country, might have had a competent provision made for him and his family, by his friends; which to have embraced, he should have lived much more free and safe from danger, than he hath done since; but he was persuaded by some of the worthy Members of the House of Commons now deceased, rather to settle here in this City of London, to whom they privately engaged themselves, in such case, that he should not want for sufficient maintenance, and resting thereupon stayed, and hath now for this three year's space, and more, continued here; and with his utmost diligence and abilities, faithfully, and constantly, hath served the Parliament in such commands as they have been pleased to enjoin him; and of which, he doubteth not, but all those with whom he hath had to do, but will give testimony of his carriage, and the good demeanour of himself therein, accordingly; yet such hath been his unhappiness, still to meet with persons ill affected to his proceed, and maligning him, even in those services which hath no way conscerned his particular; but for his promoting the public, with more zeal and candour then sufficient (for he calleth God to Witness) that to the best of his understanding, he hath not done anything to the prejudice of the Parliament in the least, or with any by-end or sinister respect for his own private, but with singleness of heart, and a good conscience to this day, hath laboured to approve himself just and fair in all his proceed, both before God and man; and he cannot help it, if those that have sought themselves, and peradventure, have miss their ends by his more watchfulness in those ways, and things, wherewith he hath been entrusted: If some such as these men, have aspersed him behind his back, for his labour, with false and scandalous reports, and otherwife have attempted, for to destroy and ruin him, which he shall let you see have therefore done it, not that if they could herein have accomplished their desires, it could any ways have advantaged the common cause, but only to have removed an impediment out of their way, which was too quick sighted perhaps, to let those things pass unseen and undiscovered: And therefore no sooner was he observed to be employed in any thing, that was Parliamentary, but the malice of his enemies began afresh to display itself; and now they laboured with all those with whom he had to do, to possess them with an evil opinion of him; sometimes affirming, that he was a Papist, and held correspondence with Papists, intimating the Earl of Arundel to the such a one; and alleging, that Master Alexander held continual Intelligences with him beyond the Seas, and with his Son in the King's quarters: And albeit, Master Alexander conceives his Lordship, and Son, not to be of that Religion; and that it had been no offence to have written unto his Lordship, the said Earl, or any attending upon him, of such things as were no ways prejudicial unto the State: And albeit, you may well perceive, by that which hath been said before, That Master Alexander and his Friends, and Kindred on both sides, have had Relation to that Noble Family, and dependence upon them for some Generations; and that he hath in his own particular, been employed in his Lordship's business, and to have received many favours from him, and disasters for his occasions; and therefore, that it were an Act of ingratitude in Master Alexander, not to serve his Lordship and Family, in all lawful and just Commands; yet was it a thing never so much as desired by them, or any about them, to employ him in any thing concerning their Affairs, since the unhappy troubles here begun, nor hath he ever received Letter from them, nor written Letter to them, nor any about them, since they left the Parliament; either into parts beyond the Seas, or into the King's quarters: Master Alexander being well understood to be of another judgement, which he hopeth he hath manifested by his conversation, and endeavours in the Service of the Parliament: he hath otherwise been taxed to have held correspondence with Rebels in Ireland, (and under that General) some have defamed him behind his back, to have held correspondence with the marquis of Ormond, and that he sent him a 1000 l. which all that knows Master Alexander, as it is now with him, he was fare unable to do: And Master Alexander hath been committed into custody of the Sergeant at Arms, of the House of Commons, as by the Order following may appear. Die Mercurii, 18. Octob. 1643. IT is this day Ordered by the Commons in Parliament Assembled, That the Moneys consigned to the Lord marquis of Ormond into Ireland, be stayed and brought back again; Master Reynolds and Master Goodwin are to take care of this business; Ordered, That Master Alexander be sent for in safe custody by the Sergeant at Arms or his Deputy, and forthwith brought to the said Commons to answer such matters as have been, or shall be objected against him. Hen. Elsing, Cler. Parl. D. Com. By force whereof, Master Alexander was not long after taken into custody by the said Sergeant at Arms, and some of those that wished Master Alexander no better than the rest, did earnestly press then to have had his House, Study, Trunkcs, Papers, and all strictly searched, ransacked and perused, upon this bare supposition; and he hath heard Master Richard Fitz-Gerrald was of the same opinion, which was then notwithstanding forborn, by the discreet carriage of those that better understood Master Alexander, and his carriage, than Master Fitz-Gerrald: But that you may more clearly understand the demeanour of Master Alexander in this matter, concerning this 1000 l. charged by him, to have been sent to the marquis of Ormond; will you be pleased to consider it in the order following. Die jovis, 19 Octobris, 1643. Grocer's Hall. At a Committee of Adventurers for the Affairs of Ireland, present. Sir David Watkins, Alderman Kenrick, Master Avery, Master Featherston, Master Strange, Master Dethick. Master Laughan. Master Moyer. Master Houbelon. Master Thomason. Whereas at a Committee of the House of Commons and Adventurers in London, for Irish Affairs holden at Grocer's Hall, the first day of August, after a solemn debate and treaty with Master Abraham and Thomas Chamberlain of the City of London, Merchants, and Sir John Clotworthy, Master Avery, Master Moyer, Master Dethick, Master Cook, Master Herring, Master Thomason, Master Houbelon, all being of the said Committee then, and there present, that the said Merchants should give three Bills of Exchange for eight hundred pounds, charged upon Raphaell Hunt of Dublin Merchant, their Agent, at two days after sight, unto Sir Adam Loftus Knight, Treasurer at Wars of the said Realm; and than it was ordered, That the Treasurers appointed for receiving of Moneys upon Subscriptions for Lands in Ireland, according to an Ordinance of Parliament, the 14. of July last, should take care, not only to see unto the transportation of the said Bills of Exchange unto Dublin accordingly, but also to pay unto the said Abraham and Thomas Chamberlin, the said sum of eight hundred pounds within six months, after certain notice should be given to the said Committee of the payment of the said Money there in Dublin as aforesaid: And whereas several other Bills of Exchange were made by, and in the names of George Peacock, Francis Roe, and Richard Chapman, to be paid by the said Treasurers at Grocer's Hall, or to their Assigns, viz. That of Peacocks, for payment of fifty pounds; and that of Roes, for payment of one hundred pounds; and that of Chapman's, for payment of seventy pounds, two of them bearing date the seventh of August, 1643. and the other the fifth of July; All which sums last mentioned, were also directed to be paid to the said Sir Adam Loftus, and were accepted by the said Committee for so much money, subscribed upon the said Ordinance of the 14. of July aforesaid, in case the said Moneys should be punctually paid: All which being then ordered and agreed upon by the said Committee to be sent to Dublin; The said order by the negligence of the Clerk, was omitted to be entered at large in the Book of Orders at the said Committee, and yet the said Bills were sent to Dublin accordingly, by direction of the Treasurers of the 14. of July aforesaid, by Jerome Alexander Esquire, their Sub-Treasurer, who was directed to send the same to the marquis of Ormond, by him to be delivered to the sAid Sir Adam Loftus to be disposed of, as he should think fit, for the service of the Army. Now forasmuch as upon search of the Book of Orders aforesaid, we find this omitted to be Recorded, as it ought to have been: We therefore of the said Committee now present, being well satisfied of the truth hereof, have ordered and directed this matter now to be entered and registered in the Book of Orders of this Committee; for manifestation of the truth hereof, That all Parties herein concerned, may for the time to come, find an Attestation of this matter for their satisfaction and discharge, of what hath severally been done, or is hereafter to be performed, for, and concerning to the same. Richard Deacon, Clerk to the said Committee. Which matter being afterwards examined by a Committee of the Honourable House of Commons, made Die Lunae, 23. Octob. 1643. where Master Lisle had the Chair, and Master Alexander's innocence and clearness, appearing unto the said Honourable House of Commons, that Master Alexander had done nothing therein but what he was commanded by the said Committee and Treasurers of Grocer's Hall, and what was agreed and resolved upon, when Sir John Clotworthy Knight, one of their Members was present, he was thereupon discharged, as appears by the Order made by the Honourable Houses of Commons upon that report. Die jovis, 26. Octob. 1643. Upon the report frem the Committee of Adventurers for Ireland of London, concerning Master Jerome Alexander, affirming, that what M. Jerome Alexander did in the conveying of the Moneys to the marquis of Ormond, he did by directions of that Committee, and in pursuance of an Order made by them. It is this day Ordered by the Commons House of Parliament, That the said Master Jerome Alexander be forthwith discharged from any further Restraint. Hen. Elsing, Cler. Parl. D. Com. But no sooner was Master Alexander delivered, and out of restraint, Nehemiah 10, 11, 12, 13, 14. but presently again, to terrify and affright him, thinking thereby to make him leave and forsake this City, if to have been afraid of his own shadow; it was declared unto him, That he was accused strongly by some at a private meeting, for doing ill offices between the Parliament and City of London, wherein he was charged to have done that which he could but answer with his life; and that he was also voted by a Committee, for to be again committed to the Sergeant at Arms of the House of Commons, which was so ordered as it was related; and if the Sergeant at Arms would have adentured to have taken Master Alexander into custody again, upon an Order made by those who had no power of commitment, he had been certainly imprisoned the second time, and upon like ground as before; but when the mistake was better understood, or at least the end thereof failing, and being disappointed, and Master Alexander therefore walking still at large, the further pursuit of that Order ceased: But not long afterwards a new device was set on foot again for to enthral him: And thus it was, Master Alexander's wife having borrowed some Householdstuff of one of her Kinswomen, here in Town, wherewith to furnish him a house, was constrained to bring the same into her house when she could have it, in the Winter time, about six a clock in the morning, and six at night, which was colour enough to pick a quarrel at this proceeding, and to give out, That these Goods were belonging to Malignants, and that there was much Plate amongst them of great value: Under which pretence and supposition, or for some other prerence, one day when Mast. Alexander was known to be absent from home, one Master Maurice Gethin, and Master Tempast Milner, Citizens of London, were dealt withal by some of Master Alexander's enemies, by colour of an Ordinance which they had obtained of the 16. of October, 1643. to seize upon (Papists, Delinquents, or Malignants Estates, seizable) to come to the house where Master Alexander was lodged in Loathbury in London, and to enter the same, and under pretence to search for such Goods of Deliquents, Papists, and Malignants, to seize and possess all Master Alexander's Papers, and Writings whatsoever, which they could find: And the said Master Gethin, and Master Milner, with ten Persons more at the least in their Company, and whom they had hired for that purpose, on or about the of 1643. having watched their opportunity, when Master Alexander was from home as aforesaid, they forcibly entered into his house, and set a strict watch and ward round about it, not suffering any body to go in or out, till they had effected what they came for; they also in an instant entered severally into every Room of the house at once, there being none of his Family within doors, when they came in, but Master Alexander's wife, whom they thus very much terrified and affrighted: And albeit, she desired to see by what Warrant they did it, telling them they were mistaken, and that her husband was no such man, as to have his house entered after that manner, for a Papist, Malignant, or Delin quent; yet would they not show her by what authority they so came thither: but with such Instruments as they brought with them, forced, and broke open Master Alexander's Study doors, Desks, Chests, Trunks, and Cabinets, in the several Rooms at one time, and searched and ransacked all of them, and every Room and corner of the house; Inventoried all his Goods, and seized upon every writing, and piece of Paper, that they found in the house, bound them up, and carried them out of his house, towards, Cambden house; and as they were carrying away, Master Alexander by chance coming home, met the same upon a Porter's back; and all the favour he could obtain at their hands, was to go along with them unto Cambden House, where they were laid up until they were viewed and seen by them, the said Mr. Milner and Mr. Gethin, and much ado Mr. Alexander had at first to persuade so much favour, as to have them viewed over in his presence, and it was a good time before he could prevail with them unto that, saying that it might be others might have the sight of them the first, and they did take advise assuredly of their setters on, before they would be drawn to view them; and after they had viewed and perused them, and found nothing that answered their expectation, Mast. Alexander had his writings delivered him back again with much ado, and was enforced to clear the property of his goods by oath; and if it had not been his good fortune so opportunely, for to have met with the Porter carrying them away, ad they were going out of his house, he is certainly persuaded they had been all carried to the utterest enemy which he had; which he had not cared for, (if so they had not delivered back more than were taken from him) and so possibly might have made something of nothing: And albeit Master Alexander desired from them, to see by what power he was thus used, or abused rather, they told him they had a Warrant by Ordinance of Parliament to do it, but shown him none; to which he submitted, notwithstanding upon their words; and thus Master Alexander had his Goods, rifled and spoiled, and some of them lost and embezzled, and what Papers, or other things amongst so many as they possessed, are kept back from him, it is not possible for him to miss at present. That the Earl of Strafford himself never dealt worse with any man in this nature; thus to force, and break open all his doors, Trunks, Locks, etc. without so much as ever speaking with him before hand, and well knowing Master Alexander to be a man well affected to the Parliament, and employed daily in their service; and this done without any authority at all: For their said Ordinance, though it be of a very large extent, yet it extends no further, but that they the said Master Gethin, etc. or any one of them assisted with one of the Committee of Sequestrations, shall have power and authority to procure to be inventoried and secured to be forth coming, any Money, Plate, Jewels, Goods, Chattels, and personal Estate, in the Custody of, or to any Papists, Delinquents, or Malignants, whose Estates are seizable, etc. And Master Alexander was not in the compass of this power; was yet never Papist, Delinquent, or Malignant; howsoever he doth not understand, that they had any colour to take away writings and evidences, nor thus to deal with him, when they were informed what he was, yet thus hath he been dealt withal; and when he desired from them, but to be informed who were their setters on; their answers were (that if they had not done it, others would) whose names they would not discover for a 100 l. all which also, he hath hitherto endured with patience. And it was not long after, that because he was so much favoured of some of his friends, in commiseration to him, having lost his whole estate by the Rebellion in Ireland. That he had his dwelling given him there in a manner gratis, that upon an instant, he was enforced to remove and leave the place, to satisfy the desires to some that thought it too much charity for him to enjoy such relief, when others that have less need, want it not, and enjoy what their hearts can wish. All this not yet working that effect, so eagerly pursued after to destroy him, and it being understood that Mr. Alexander had obtained the favour and good opinion of many worthy Lords, and others of the Scotish Nation; And it being feared by his Pursuers lest it might turn to some employment, or other matter, which might advance him further in their estimation; therefore scandalised and traduced him to them behind his back, and laboured to be made as odious, as if he were a monster, and a man not worthy of their acquaintance; insomuch, that it could not be withholden to be told some of them, that matters of their public Affairs did receive prejudice by him, and would not receive dispatch, until revenge had been had of that Knave Alexander, giving him that Livery, and using that expression of him, which he hath passed by in silence too, amongst the rest. But malice hath no end, but in the ruin of its object, or of itself, he hath escaped our fingers, says some afterwards, twice already, but if he doth it the third time, he shall have good luck, and then again was convented upon the supposition of high contempts, which ended in smoke. and vanished; a threatened man lives long: And thus when the innocent are minished, and brought low, saith the Prophet David, through oppression, through any plague or trouble, though God suffers them to be evilly entreated through Tyrants, and let them wander out of the way in the Wilderness; yet helpeth he the poor out of misery, and maketh him Households like a Flock of Sheep; the righteous shall consider this and rejoice, and the mouth of all wickedness shall be stopped; who so is wise will ponder these things, and they shall understand the loving kindness of the Lord, Psal. 107. 39, 40, 41, 42, 43. But this yet rested not here; he must be exasperated and provoked further to impatience, to gain advantages if possible against him, whereby to enthrall and trouble him; and having a public employment to attend, he is there reviled with uncivil and approbrious speeches, and hath the lie given him, but for telling the truth, and was termed a base Fellow to his face, of him that was so indeed, (and by a person of far inferior rank and quality to him himself) and all to have stirred him up to that which hath been heretofore accounted the reward of such fowl language; nay he had his Desk with all his Money and Papers in it, in his absence taken out of the Office where he waited, without any cause or provocation given; but the intent was the same of Mr. milner's, and Mr. Gethins, thinking to have made mighty discoveries of Correspondencies holden with persons ill affected to the Parliament; and do you not think that such a child as this, hath need to dread the fire; to be very wary and watchful over his ways: But to proceed, When all these things would not serve the turn, nor any other aspersions unjustly cast upon him, almost every day at public and private meetings in Parliament, in the City, and every where, to make him odious, not only to his friends and acquaintance, but to all good men that should come but to hear of him, than (Canis ad vemisum) this old censure is again revived to blanche him now in the opinion of those with whom he had to do, both in public businesses, and concerning his own particular; and if possible thus to bury him alive. Sir John Clotworthy Knight, a Member of the Honourable House of Commons, is without cause incensed a 'gainst Mr. Alexander, and labours his ruin by all the ways and means he can; and now at a public meeting of the Committee for Irish Affairs in London, whereof Mr. Alexander is a Member, the said Sir John Clotworthy speaking contemptuously and disgracefully of Mr. Alexander unto many others of the Members of the Committee, uttered these words and speeches to them, of him, saying, That Mr. Alexander was a perjured person, and that he had been fined for Perjury and Forgery in the Star-Chamber, further saying, That he was unworthy to sit amongst them, and wondered that they would so much as admit him into their Company; whereupon at the next meeting of the said Committee at Grocer's Hall the 18 of November, 1643. the said Committee informed Mr. Alexander thereof, and entreated him, that he would forbear sitting amongst them, until he should have purged himself of the said Accusations, and withal sent unto Sir John Clotworthy, that he would be pleased to produce the said Sentence, by which the truth of his Allegations might appear, or otherwise they should have no reason to out Master Alexander of the employment amongst them, and thereupon the said Committee conceived this Order following. Die Sabbati, 18. November, 1643. At the Committee of Adventurers of the House of Commons, and Adventurers chosen in London, for the Affairs of Ireland. FOrasmuch as Sir John Clotworthy Knight, a Member of the House of Commons, and one of the Members of this Committee hath accused Mr. Jerome Alexander, one other of the Members of the said Committee to several people of the said Committee yester day at a meeting at Goldsmith's Hall, to be a Perjured person, for which and for Forgery, he hath been fined in the Star-Chamber, and therefore a thing dishonourable to this Committee, to have him any longer to continue amongst us; all this matter against him being but yet alleged, we have not thought fit, so far to proceed against him herein, until we shall be further satisfied of the truth hereof: It is therefore Ordered, That Sir David Watkins, and such others of the Committee, us he shall think fit, be desired to entreat Sir John Clotworthy, that he will be pleased to produce unto this Committee such Records, or proof of these things against Master Alexander, as may satisfy this Committee of the truth of these Allegations, and then we shall proceed, to do therein as shall be fit: And because these are matters trenching so deeply upon the said Master Alexander, as we conceive his very being depends upon it, we shall forbear to declare any opinion in the matter, but do entreat him in the interim, to forbear sitting with us, of Who credit and reputation, we shall be very tender for the good service he hath done at this . Richard Deacon, Clerk to the said Committee. Thus you may perceive how violently he was prosecuted; but the said Order being accordingly delivered unto Sir john Clothworthy the Committee for Irish Affairs at Westminster, whereof Sir john Clothworthy is one, appointed a meeting for those Irish businesses at Goldsmith's Hall, whether some of the said Committee of Citizens, Adventurers in London, for Lands in Ireland, of Grocer's Hall went, directed purposely to hear and see what Sir john Clotworthy could produce for making of that Charge good, against Master Alexander, where the Copy of the said Sentence was then read in their presence, and the Fait of the said pardon, so procured by his Father in law as aforesaid, which when those of the said Committee of Crocers' Hall had heard, and well understood; they declared their opinions, That there was nothing in that Sentence which did make good any such charges against Master Alexander, as he had spoken of him; yet was it then pressed, That they would have joined to have voted out Mr. Alexander from sitting any longer at Grocer's Hall, as a Member of that Committee, which they refused to do; and afterwards at another meeting of the said Committee of Grocer's Hall, they made the Order following. Die Martis, 28. November, 1643. At the Committee of Adventurers of the House of Commons, and Adventurers chosen in London, for the Affairs of Ireland. Whereas by the Order of the 18. of November instant, for the Reasons therein alleged, we entreated Master Alexander (being one of our Members) to forbear sitting with us, being then accused by Sir John Clotworthy Knight, to be a Perjured person, and that he had been fined for Perjury and Forgery in the Star-Chamber; And whereas the said Sir john, was by us enterated to produce such Records and proofs of these things as might satisfy this Committee of the truth of these Charges against him; but instead of such proof and Records, the said Sir john and other, sitting at Goldsmith's Hall, as a Committee of the House of Commons, for Irish Affairs, (where some of us were then present, as private men) did cause the Copy of a Sentence given against Master Alexander in His Majesty's Court of Star-Chamber, in Michaelmas Term, in the second year of His Majesty's Reign, for to be produced and read, with the Copy of a pardon of some part of the Sentence, procured by Master Alexander Father in law, in his absence in Ireland, which Were then moved to satisfy the truth of the former Charges, and further pressed as a Crime, for which he was unworthy to be of the said Committee, and pressed us to have joined with them to have voted him out, for sitting any longer amongst us; but having heard the said Sentence read, we find no such thing as Forgery or Perjury in the business, if the Sentence were just; but is for the supposed defacing, and blotting out of two words (that and did) out of Paper Copy of a Deposition used against one Yates, at a hearing wherein Master Alexander was Plaintiff against the said Yates in that Court: And albeit, we will not take upon us for to judge the said Sentence, yet we conceive it founded upon very weak grounds, there being neither Bill, Information, or ore tenus, for the manner of the proceeding, nor proof against Master Alexander, to convince him of the Fact, for which he is sentenced, and his Oath three several times sworn for his purgation in the very sentence appearing, and many other miscarriages in the Sentence by him alleged, which we leave to be judged in his proper place. But for this cause, and fora much as we do conceive it, not to be in our power, that one Member should vote out another, being first established by the same Election of the body of Adventurers with our sleves, and settled with us, by the Ordinances of the Lords and Commons in Parliament, which we conceive not in our power to alter; and because we hold it not agreeable to justice, that any man should be condemned before he be first heard to answer for himself, and the matter be tried, whether it be right or wong. And forasmuch as upon the producing of the pardon of the main part of the Sentence, we bold it not agreeable to the Rules of Law, or Religion, That if the Sentence had been just, yet that afterwards, the same thing should be objected again against him, as a transgression; upon all which matter, We do for our parts declare, That we have no just cause any longer to restrain Master Alexander from sitting amongst us, according to the lawfulness of his Election, and the rather because nothing appears to us to prove him guilty of any those heavy Charges, Sir john Clotworthy hath laid against him, nor of any crime or offence Whatsoever, deserving our ill opinions, of whose good demeanour and great service amongst us, we are well satisfied; And have therefore Ordered, That the said Master Alexander shall again take his place amongst us, and sit, and Vote, and Act together with us as formerly he hath done, any former Orders to the contrary by us made heretofore, in any wise notwithstanding. Richard Deacon, Clerk to the said Committee. All this brings to my remembrance, that story of Darius that Great King of the Medes and Persians, and the Prophet Daniel, who much against his willingness, being enforced to cast the Prophet into the Lion's Den, for to satisfy the breach foe that Law, made by his Precedents and Princes, who when they could find no occasion or fault against him, concerning the Kingdom, forasmuch as he was faithful, made his Royal Statute and Decree, to catch him in things concerning his God, who crying out, O Daniel, servant of the living God, is thy God whom thou servest continually, abloe to deliver thee from the Lions? Answered, My God hath sent his Angel, and hath shut the Lion's mouths, that they have not hurt me, forasmuch as before him innocency was found in me; and also before thee O king, have done no hurt, for he delivereth and reserveth, and he worketh signs and wonders in Heaven and in Earth, who hath delivered Daniel from the power of the Lions, Dan. 6. Master Alexander endured this great scandal also with silence, until that the Irish Affairs might be settled, that so he might give no disturbance to the proceed, with resolution afterwards to seek his remedy; and this failing to work that effect, for which it was intended, the prosecution seized not here, for than he must be yet again convented, but for executing of that power given to the Committee of Grocer's Hall, whereof he was a Member, by the Honourable Committee of both Kingdoms, to do service for the State, in finding out, and sending away for Ireland, such Goods as had been bought and paid for some years before, with the Adventures Money and lay here and there in several Stores and Houses spoiling, which were worth 5000l. or thereabout; and which at last, the said Committee sent for Ireland, to the Forces in Ulster, after a great deal of opposition. But in the performing of this duty, both Master Alexander, and all the rest of the Committee at Grocer's Hall, have been accused to the Honourable House of Commons, for to have disobeyed the Orders of the Honourable Committee of both Kingdoms, as doth appear by the Order following. Die Veneris. 19 July, 1644. WHereas the Committee of both Kingdoms, at Derby-House, Ordered on the 13. of this Instant, That the Arms and the rest of the Provisions, claimed by Sir Joh. Clotworthy, should not be removed, or shipped away, until the Committee should be further satisfied concerning the same; this House being informed, that contrary to the said Order, the said Arms and other Provisions, claimed by Sir John Clotworthy, are either shipped, or ready to be shipped away in the Blessing, Master Ashmore Captain: It is therefore Ordered, That the said Captain and Store-keepers, or such others whatsoever, as are entrusted with the keeping, or shipping of any Arms, or other Provisions now to be sent for Ireland, do deliver the said Arms, and provisions claimed by Sir John Clotworthy, according to the Note given in, unto M. Maurice Thomson, or M. William Pennoyre, or such as they shall appoint for the same, who are to reserve them in their custody, until further Order be given them from this House therein. Hen. Elsing, Cl. Parl. D. Com. By force of which Order, after that the Arms and Goods therein mentioned, were on shipboard, and safely stowed, amidst many other Goods, Arms, and other things ready to be transported for Ireland, according to the Order of the Honourable Committee of both Kingdoms, the Ship was Rummadged, and the Goods tossed to and from, and much spoilt, to find out such Arms and Provisions which had no such Marks, as informed, and thereupon so many in quantity were taken from off a shipboard again, and it may be more than demanded, and what is become of those Goods, the Committee of Grocer's Hall knoweth not: But that the said Committee of Grocer's Hall, and M. Alexander amongst the rest, may appear to be free, and clear from any such disobedience to the Orders of the Honourable Committee of both Kingdoms, will you please to understand the carriage of that business also, from first to last, and then to judge where the fault lies: For this, be first pleased to peruse the first Order given by the Honourable Committee of both Kingdoms, to the Committee at Grocer's Hall, concerning this business. At the Committee of both Kingdoms, at Derby House. Die Mercurii. 17. Aprilis, 1644. Ordered, THat the Committee at Grocer's Hall, be desired to send a particular to the Sub-Committee appointed to meet at Gold-smiths-Hall, on Friday next, of all such Artillery, Arms, Ammunition, Victual, Clothes, or other Provisions, which have been made for Ireland, and not yet sent, and shall have power in the mean time to examine any persons whom they shall conceive to have any such Provisions in their hands. Ex. Gualther Frost, Secretary to the same Committee. In conformity and obedience unto which Order, the said Committee at Grocer's Hall did make a Return accordingly, which consist of so many particulars, as it were too tedious to insert herein: but thereupon the Honourable Committee of both Kingdoms did make this other Order following. At the Committee of both Kingdoms, 20. Aprilis, 1644. Upon reading of the Certificate of the Committee of Citizen's Adventurers in London now produced, conform to the Order of the 17. of this Instant April, it is now further Ordered, That they be desired to collect, and take into their hands whatsoever of the said Arms, Artillery, Ammunition, Victuals, and Provisions, which they can receive from any of the said person named in the aforesaid Certificate, and whatsoever other the like Goods, and Provisions they shall hereafter find in the hands of any other person, or persons formerly provided for Ireland and not yet sent: And to send for, and examine all persons therein concerned, and to take care, and provide for shipping them away presently, and to make return of their do to this Committee from time to time upon occasion, that so they may receive further Order and direction in the premises as shall be fit. And it is further Ordered, and the said Committee are desired to hold such intelligence and correspondence with the Commissioners and Treasurers in the Low-countrieses, employed about the Collections of Benevolences for the poor Protestants of Ireland, as formerly they have done, and to inform this Committee of their proceed from time to time, that such Order may be given them for disposing of those provisions as shall be fit. Ex. Gualther Frost, Secretary to the same Committee. By force of which Orders, the said Committee at Grocer's Hall sent for such persons as had these Goods and provisions in their hands, acquainted them with these Orders, and desired their conformity in the delivery of the said Arms and Goods; who taking time to consider thereof, thereupon, as it should seem, acquainted the Committee for Irish affairs at Westminster therewithal: whereupon the Order were conceived which follow. Committee for the affairs of Ireland. Die Veneris. viz. 10. May, 1644. IT is thought fit, and Ordered by this Committee, that Sir David Watkins Knight be desired to be present at this Committee, on Wednesday next in the afternoon, in the Exchequer Chamber at Westminster, to show by what Order and Authority the Committee of Citizen's Adventurers for Lands in Ireland, have by their Orders and directions by him subscribed, required the Store-keepers belonging to this Committee to detain, and otherwise to dispose of the Victual, , Arms, Ammunition, Artillery, and other Provisions, which have been committed to their Custody for the service of Ireland. Joh. Goodwin. Committee for the affairs of Ireland. Die Veneris. 10. May, 1644. THis Committee being now informed, that M. William Dobbins, Ralph Hardwick, and others, trusted & employed by this Committee, for keeping the stores of victuals, clothes, arms, ammunition, artillery, and materials for the train of Artillery, provided by them for the service of Ireland, been required by Order of a Committee of Citizen's Adventurers for lands in Ireland, signed by Sir David Watkins, not to dispose of, or deliver any of the particulars in their respective charges without further Order from them; and that the said Committee of Citizen's Adventurers as have by other their Orders required Officers of their own to demand and receive those goods and provisions out of the hands of the persons trusted with the custody of them by this Committee: It is now thought fit, and Ordered by this Committee, that the said Master, Dobbins, Master William Gilbert, George Wood, Ralph Hardwick, and all others who have in their charge and custody any Victual, , Arms, Ammunition, Artillery, or materials for the Train of Artillery, for the service of Ireland, or any other goods or commodities whatsoever, by the Order, or within the Account of this Committee, be hereby required and enjoined respectively, to detain and keep all such goods and other provisions in their safe and sure custodies, as they will anser the contrary at their perils; and that they carefully preserve them from loss and damage, and not to deliver them unto any person or persons whatsoever until this Committee shall give further Order for the disposal of them. Jo. Goodwin. And Master Alexander being not particularly named in the last preceding Orders, afterwards the Orders following were thereupon conceived. Committee for the Affairs of Ireland. Die Mercurii, viz. 15. May 1644. THis Committee having by their Order of the tenth of this instant May, desired Sir David Watkins Knight, to be present at this Committee, this day in the Exchequer Chamber, to there show by what Order and Authority, the Committee of Citizen's Adventurers for lands in Ireland's, have by their Orders and directions (by him subscribed) required the store-keepers belonging to this Committee, to detain and otherwise to dispose of the Victual, , Arms, Ammunition, Artillery, and other provisions, which have been committed to their custody for the service of Ireland: forasmuch as Sir David Watkins hath not appeared here this day, according to the said Order; which this Committee conceive to be a cotempt towards them, who are Authorized by the Houses of Parliament, to send for parties, and to exercise other powers, conducing to the service of Ireland; as in other Cases other Committees are. And for that Master Jerome Alexander, as one of that Committee of Citizen's Adventurers for lands in Ireland, hath since the Order above said sent unto Sir David Watkins, required of some of the store-keepers belonging to this Committee, the delivery unto him of fundry particulars in their charges, and within the care of this Committee: It is now Ordered by this Committee that the said Sir David Watkins, and Master Alexander be hereby required to appear personally at this Committee on Saturday next in the afternon, in the Exchequer Chamber in Westminster, to Answer such questions as shall be demanded of them, whereof they are not to fail. Jo. Goodwin. Commit for the Affairs of Ireland. Die Veneris, viz. 7. Julii. 1644. THis Committee taking notice of a Warrant dated the fifth of this instant June, signed by Sir David Watkins Knight, by order of a Committee at Turner's Hall, by virtue of an order of the Committee of both Kingdoms to them directed, whereby Ralph Hardwick, who hath for a long time by the Command of this Committee, kept the stores of divers provisions made for Ireland, but not thought fit, as yet, to be sent thither; requiring him to deliver all such Goods and Provisions as are in his custody, unto Francis Smith, and William Jennings, or to appear before the said Committee at Turner's Hall, to show cause of his refusal so to do: This Committee, as they have formerly, so now again have thought fit to require the said Ralph Hardwick, not to deliver those goods and provisions to any person whatsoever, without their special Order and direction. And Sir David Watkins, Master Alexander and such others as were present at the Committee at Turner's Hall, when the above mentioned warrant was Voted and signed, be required to appear personally at this Committee, on Tuesday next in the afternon, in the Exchequer Chamber at Westminster, to show by what Order and Authority they have required those goods and provisions, and to give Anser to some further Questions that shall be demanded of them, concerning the same, whereof they are not to fail. Jo. Godwayn. And now the Committee at Grocer's Hall finding the going on of the business thus opposed, acquainted the Honourable Committee therewithal, not adventuring to proceed further, without their direction, who were resolved to acquaint the Honourable House of Commons therewith, as appeareth by their Order following. Die Martis 11. Julii 1644. At the Committee of both Kingdoms. Ordered, THat it be reported to the House by Master Crewe, that a Warrant hath issued from the Committee for Irish affairs (taking notice of a warrant of this Committee, for the sending of certain Goods to Ireland, that were formerly provided for that purpose) having given out their Warrant contradicting it. Ex. Gualther Frost, Secretary to the same Committee. And afterwards, as it should seem, Sir John Clotworthy addressed himself unto the said Honourable Committee of both Kingdoms with a particular demand of some of those Arms and Goods, which was presented in this manner. There being an equal proportion of Arms for recruting every of the British Regiments all of them have received their full proportions, only these following parcels of Sir John Clotworthyes, which were brought back from aboard the ship the Honour, there being no room for them. Nubm. 1. Muskets 33. Belts 60. Nubm. 3. Muskets 33 Nubm. 3. Belts 60. Nubm. 4. Muskets 33. Belts 60. Nubm. 8. Bandeleirs 200. Knapsacks 070. Nubm. 11. Knapsacks 280. Nubm. 4. Arms 30 Back 30. Breasts 43. Pots 33. small Saddles. These five first pieces are marked thus, Sr. J. C. There were moreover brought by Sir John Clotworthy, and left in that store only, to be kept there until he should send for them, either 7. or 8. Carbines, with Belts, Swynels, and Cartriges, and two Dragoon Snap-hances. Whereupon the honourable Committee of both Kingdoms conceived an Order, and sent the said particular therewithal unto the Committee of Grocer's Hall, to make answer to the said demands. Die Martis 25. July 1644. Ordered, THat the Note of Arms, etc. Desired by Sir john Clotworthy be sent to the Committee at Grocer's Hall, and that they send a Certificate to this Committee of their knowledge touching these Arms, if they do belong unto Sir john Clotworthy, upon Thursday at 3. of the Clock in the afternoon. Ex. Gualtur Frost, Secretary to the same Committee. In Obedience to which said Order last mentioned, te Committee at Grocer's Hall, made this return following. Grocer's Hall 28 Julii. 1644. To the Honourable Committee of both Kingdoms. ACcording to your Honour's Order the 25. of this instant june, we have considered of Sir john Clotworthies demands in the paper annexed, and do find, that there are in the Irish stores of goods now in our Possession, 3. chests which are marked 1.3.4. wherein there ear so many Muskets and Belts as are specified in the Note; and that in another chest, number 8. there are the Bandeleers and Knapsacks which are also mentioned in the Note, and the letters I C. also made upon them; and we also find that in another chest, number 4. there are so many Backs, Breasts, and Pots as are also mentioned in the Note, but no letters of I. C. appears upon them; there are also many Saddles in the stores, and Carbines, Swyvels, Cartriges, far exceeding the number mentioned in the Note, but no such letters of I. C. or mark set upon them as is expressed. And we humbly certify, that aout this time twelve month, the Committee at Grocer's Hall were very much persuaded by Sir John Clotworthy to provide Arms, Ammunition and Victuals for 5000. Foot, and 500 horse, of the British Regiments then in Ulster, assuring the said Committee, being thus furnished, they would march out of that Province, for to fall upon the Irish Rebels in the Provinces of that Kingdom; all which were provided and sent accordingly, saving the particulars aforementioned, which were left behind, because the ship that carries those provisions, could not stow them in her: Sir John Clothworthy caused the same Arms to be divided here before they went, and every Regiment to have his proportion allotted; which he caused a servant of his own to see put up, and sent away; but we have not from that time understood that the said design hath been since pursued, or that any thing hath been since done in that service, albeit all those Arms and provisions sent were delivered accordingly; whereof we the rather remain ignorant, for that since the said ship went away, the said Sir john Clotworthy came little amongst us; but the Committee did put themselves 3000. pound in debt, to make those provisions over and above 6. or 7000. pound more, which the said Arms etc. cost. We leave it to your honour's consideration, if now Sir john can pretend to the Arms that design for which they were provided, not being pursued: Howsoever this Committee crave leave for to inform your honours, concerning your former Orders to us directed for gathering in such Arms and Goods as were formerly provided for Ireland, and not sent away, That Alderman Bunce had borrowed out of the Irish stores at Grocer's hall, 126. Snaphaunce-Muskets, and there was in the hands of our Officer Francis Taylour, 20. Snaphaunce-Muskets more, which were paid for with the money that was brought in by the Adventurers for lands in Ireland: These we demanded according to your Honour's Orders, and 40. Hand-mills of one Moreton, which were provided for the Army in Ulster; and to pay for which, and for 70. pair of Holsters, Sir john Clotworthy did receive of the said Adventurers money 144.1.10. s. (which hand-mills and Holsters are in Sir john Clotworthyes hands (as we are informed) for Moreton affirmeth so much to us concerthe hand-mills: and thus we humbly conceive that Sir john hath now received 47. Muskets more than his share of the 5000. Foot-Armes: We find no special direction of them for him; but this we know, that he received 24. pair of Pistols, or thereabouts, and 65. Carbines and party-peeces more than any other of the Troops of Horse had there: and howsoever he was pleased for to inform us at that time, that he had a Troop of horse there in pay, yet since we are given to understand, that one Sir William Brownlow Knight, Commands that Troop to which he pretendeth, and is one of those Troops appointed for to be Commanded by the Scottish Army there: so that we leave it to your Honour's consideration, if in this Case the said Horse Arms by him demanded do not more properly belong to the said Sir William Brownlow. All which we leave to your Honours graver Judgements. Vera Copia. Ex. Rich. Deacon, Clerk to the said Committee. David Watkins. Samuel Avery. Jerome Alexander. George Thomason, James Houblon. Samuel Langham. Michael Herring. Jo. Dethick. And that Sir john had money for those 126. Snaphaunce-Muskets, mentioned in the said return, will appear by the certificate following, under the hand of Alderman Bunce, who paid him, or caused the money to be paid unto him. I Do acknowledge that Sir John Clotworthy received about May last, of the Treasurer's sitting at Weavers Hall London, by direction and Warrant from the Committee of the Militia for London, about the sum of one hundred forty and four pounds eighteen shillings, which was in satisfaction for 126. Snaphaunce-Muskets borrowed by me out of the Stores, belonging to the Irish Committee at Grocers Hall. by Order of the said Militia of London. Witness my hand this 8. day of july 1644. ja. Bunce. All which the said Committee at Grocer's Hall for the Irish affairs did make appear unto Sir john Clotworthy to be as informed, and afterwards, the 13. july following, the said Sir john did obtain the Order which followeth in these words. Die Saturni, 19 July 1644. At the Committee of both Kingdoms, at Derby House. Ordered, THat the Arms and the rest of the Provisions clayed by Sir John Clotworthy, and concerning which there hath been controversie between him and the Committee at Grocer's hall, shall not be removed, or shipped away, or otherwise disposed of, until this Committee shall be further satisfied concerning the same. Ex Gualther Frost, Secretary to the same Committee. But before the delivery of this Order to the Committee at Grocer's Hall, all the said Arms were informed unto them by the Officers, to be shipped, and the Ship falling down, to begin her Voyage from this Port; and the Committee at Grocer's Hall, humbly conceived, it had been much better for Sir John Clotworthy, and the service, if the said Arms had been transported with the rest for Ulster, where he might ubery well have received them, to have been of present use, by any Order for that purpose to have been made; but afterwards he did obtain the said Order of the Honourable House of Commons herein before mentioned of the 19 of July 1644. and took such a quantity of Arms from shipboard again, after they were laden and safe stowed in the said Ship, as aforesaid: And the Committee of Grocer's Hall, do humbly conceive, with submission unto judgement, whether or no they have herein done any thing contrary to the said Order of the Honourable Committee of both Kingdoms, or whether they have herein in anything offended, contrary to the trust reposed in them, concerning these affairs, howsoever they have been charged so to have done. But this Wave was no sooner over, but another Billow tumbled after upon the neck of it; And because Master Alexander's care and pains with the rest of the Committee, in that wherein they were thus employed, brought to pass what they were commanded, therefore he was complained against, and traduced to persons of great power, and quality, as not fit to be trusted in any business; but for what Reason he could yet never be informed: but this sentence still made up the foot of the Son in all, for other things to this hour he could never learn that any man was able to object against him: And if he may but be heard to anser for himself, he doubteth not but to manifest his innocence in it, and in whatsoever else, to all the world. And M. Alexander hath in all places, and with all persons with whom he hath had to do, still met with this sentence laid in his dish, and in the way of his preferment; and, as if all that went before were not enough to make him sufficiently miserable, and unhappy, this old sore after all must be rubbed, this sentence informed and published yet again, to make against him, and these other things charged against him for transgressions, whereof he is so clear and free; and after a long Debate, in the Honourable House of Commons, this Order is conceived there. Die Martis 20. August. 1644. ORdered upon the Question, by the Commons assembled in Parliament, That Master Alexander shall be suspended from his Treasurership for the moneys of Ireland, until he hath passed his Account. H. Elsing, Cler. Parl. Dom. Com. Which being informed unto the Committee at Grocer Hall, and upon Debate of the matter between them, they were pleased for the Vindication of themselves, and to do M. Alexander right in the premises, to prefer the Petition following unto the Honourable House of Commons, viz. To the Honourable House of Commons, in this ptesent Parliament Assembled. The humble Petition of the Committee of Adventurers in London, for Lands in Ireland, SHOWING, THat where as by Order of this Honourable House, of the 20. of this Instant, it is Ordered, That Master Alexander shall be suspended from his Treasurer ship for the moneys of. Ireland, until he hath passed his Accounts; This Committee craves leave to inform, that the said M. Alexander is one of the said Committee, but is no Treasure for any moneys of Ireland, bit jath been employed by the Treasurers upon the Ordinances of the 30. of January 1642. and of the 14. of July 1643. (themselves having more weighty employments for the State to attend) in their absence to over see the businesses of the said Treasuries; but the Cashiers of the said Offices, have only meddled with the Receipts of moneys, and not be: And the said respective Treasurers have put in their respective Accounts, for their Receipts of moneys upon those Ordinances, upon their Oaths, now above three Months past, before the Committee of Accounts, as by the several Certificates thereof hereunto annexed doth appear, to which M. Alexander also hath subscribed and been sworn, rather to satisfy Sir John Clotworthy Knight therein, who importuned it, and to manifest M. Alexander's Candour, und clearness in those proceed, then that he is any ways liable to an Account: Besides Sir John Clotworthy and others, by Order of the Committee of Adventurers, have had the said Accounts delivered unto them in January last to peruse, before they were put in to the Committee of Accounts, which was not till April following. And for as much as Sir Joh. Clotworthy Knight, hath many times, at the Committee of Adventurers, and otherwise, given out, in words and speeches, as if the said Accounts of the said Treasurers were liable to exceptions; and for that himself hath received many great sums of Money, Wares, Goods, Arms, and Ammunition out of these Treasuries, and out of other moneys that have been provided for the Affairs of Ireland, to the valne of 20000. proved, and yet challengeth an Arrere of 20000. pound to be due unto him, for the entertainment of himself, his Officers, and Soldiers of his Regiment, and Commands in Ireland, us we are informed, of which likewise he hath put in certain particulars to the said Committee of Accounts to which he hath been sworn; Your Petitioners (some of them being the said Treasurers) that they may stand clear in the opinion of this honourable House, and to all the world, do humbly pray that you will be pleased to direct the said Committee of Accounts presently to fall upon the examination as well of the said Sir John Clotworthies Accounts, as of the Accempts of the said sever all Treasurers, and that all exceptions whatsoever may be taken that can be to any of the said Accounts: and that this honourable House will be pleased to give it especially in charge to the said Committee of Accounts, to make return unto this honourable House, how the moneys have been employed, that have been paid out of the said Treasuries, and what hath become thereof, and how the same hath been husbanded for the benefit of the State, and all other matters, and things concerning the same. And forasmuch as Master Alexander, on of our Members, haib been unjustly charged, to have sent the marquis of Ormond 1000 pound, as of himself, to an enemy of the Parliaments. The truth is, your Petitioners (with the advice of Sir John Clotworthy, before the Cessation in Ireland, and upon a design, laid principally by Sir Joh. Clotworthy to have sent out 5000. foot, and 500 horse of the British Regiments out of Ulster against the Rebels, upon which your Petitioners disbursed 10000 pounds and upwards, and nothing done) at that time to encourage the said marquis, to have given all assistance to that proceeding, and when he stood clear, and then right unto the Parliament, for aught known unto your Petitioners, they did direct M. Alexander to write over to the said marquis, and enclose Bills of Exchange for a 1000 pound to be paid to the Treasurer at Wars there for his Lordship, and Officers, to encourage them, which miscarried by the way; of which M. Alexander having been formerly accused, and restratned of his liberty, yet upon the truth thereof informed to this Honourable House heretofore, he hath been acquitted: and therefore your Petitioners do humbly pray, it may not be imputed unto him for a transgression, or be therefore hlemished in the opinion of this Honour able House, wherein he hath acted nothing but by your Petitioners order. And for as much as we can witness, that he hath performed his duty, with a great deal of care and induslry for the Public, no with standing much opposition, and with little benefit to himself, and having done many acceptable services for that Kingdom, and behaved himself in all things with that Candour, and clearness, that we conceive him worthy of all encouragement; We are therefore humble Suitors for him to this Honourable Assembly, that he may be taken into consideration accordingly. And to remove all obstructions which hitherto have much hindered the proceed concerning the affairs of Ireland; It is your Petitioners further humble Suit to this honourable Assembly, That you will be pleased, with what speed your more weighty affairswill permit, to take into consideration that Draft of an Ordinance which your Petitioners have lately presented to this honourable House, that it may receive such allowance, or denial, as in your wisdoms shall be thought fit, which howsoever, is only well meant and intended by your Petitioners, to relieve the present wants and necessities of the Forces there in Arms, for defence of the King and Parliament. And they shall pray, etc. To which Petition, the Certificates and Orders of the honourable House of Commons hereafter following were annexed, for making good of the same, in the particulars alleged. WE of the Committee, appointed by Ordinance of Parliament, for taking of the Accounts of the Kingdom, sitting at the House, late of Alderman Freeman, in Cornhill London, do hereby certify to all whom it may concern, That on the sixth day of April last passed, Sir Paul Pynder Knight, John Kendrick Alderman, Bejamin Goodwin, Maurice Thompson, William Pennoyer, and Michael Casteele Merchants, Treasurers appointed for the Receipts of moneys and goods, etc. brought in, and to be brought in, upon the Ordinance of Parliament of the 30. of January 1642. and Jerome Alexander Esquire, and Richard Warburton Gentleman, brought in, and delivered unto us, upon their corpor all Oaths, an Account of all money received and paid by virtue of the said Ordinance, for the relief of Ireland, as witness our hands, this 22. day of August, 1644. Anth. Biddulph. William Prynne. Lawr. Brinley. John Langley. Edward Mead. Tho. Andrew, George Wytham. Joh. Gregory. WE of the Committee, appointed by Ordinance of parliament, for taking of the Accounts of the Kingdom, sitting at the House, late of Alderman Freeman, in Cornhill London, do hereby certify to whom it may concern, That on the sixth day of April last passed; James Bunce, Thomas Foot, John Kendrick Aldermen, and Samuel Avery Esquire, Treasurers appointed for the Receipts of the moneys brought in, and to be brought in, upon the Ordinance of Parliament of the 14. of July 1644. and Jerome Alexander Esquire, and Richard Warburtion Gentleman, brought in, and delivered unto us, upon their corpor all Oaths an Account of all moneys received, and paid by virtue of the said Ordinance for the relief of moneys brought in, and to be brought in, upon the Ordinance of Parliament of the 14. of July 1644. and Jerome Alexander Esquire, and Richard Warburton Gentleman, brought in, and delivered unto us, upon their corporal Oaths an Account of all moneys received, and paid by virtue of the said Ordinance for the relief of Ireland, as witness our hands this 22. day of August, 1644. Anth. Biddulph. William Prynne. Lawr. Brinley. John Langley. Edward Mead. Tho. Andrew. George Wytham. Joh. Gregory. Upon Debate, and Reading of all which, the Order hereafter mentioned, was by the Honourable House of Commons made, and conceived very justly; For by it, it is very evident, that the same Petition was objected against, as brought in by some indirect means, as denied by those that seemed to be the Petitioners, which when they understood, they all went to the place at the time appointed, to make good, and avow their Petition to the said Committee, who not sitting in a full Number, the Petitioners presented themselves to such of the said Honourable Committee of the House of Commons as were present, ready to justify the framing and presenting of the said petition to the said House, by the said M. Spurstow; and afterwards the Committee of Grocers-hall, to clear themselves from that imputation, framed the Petition following, to be presented to the said Honourable House of Commons. Die Veneris 27. Septemb. 1644. The humble Petition of the Committee of Adventurers for Lands in Ireland, was this day Read, and Ordered to be Referred unto Master Hollis. Sir William Lews. Master Recorder. Master Bond. Sir Walter Earl. Sir Tho. Dacres. Sir Hen. Mildmay. Master vassal. Master Maynard. Master Lisle. Sir Hen. Vane, jun. Sir Christopher Wray. Master Ellis. Sir Will. Massam. Master Ashe. Master Prideaux. Master Blackston. Sir Philip Stapleton. Master Jephson. Master Stroude. Master Weston. to examine the manner of coming in, and exhibiting this Petition, and what persons will avow it: And are to meet to morrow at 3. of the Clock in the afternoon, in the Exchequer-chamber: And have power to send for Parties, Witnesses Papers, Records, etc. H. Elsing, Cler, Parl, Dom, Com. To the Honourable House of Commons. The humble Petition of the Committee of Adventurers for Lands in Ireland, sitting at Grocers-Hall. SHOWING, THat whereas they have heretofore presented their humble Petition unto this Honourable Assembly, by the delivery of Master Spurstow one of your Members; and that by your Order of the 27 of September, 1644, you have been pleased to refer it to a Committee of this Honourable House, for to examine the manner of coming in, and exhibiting of that Petition, and what persons will avow it: They humbly crave leave to inform this Honourable Assembly, That your Petitioners of the said Committee, whose names are hereunto subscribed, will and do avow the said Petition; and that it is their sense and humble desires to this Honourable Affembly; and that you would be pleased to consider the Demands of the said Petitioners, and to give such Answer thereunto, as in your judgements shall be thought fit. And they humbly inform further, That they did never disavow the said Petition, at any meeting whatsoever; but do confess, Some of them, being demanded at an Assembly of the Adventurers, Whether they had preferred any Petition to cross the passing of the Ordinance intended for levying and raising of the 80000 l. for the affairs of Ireland, did deny to have preferred any such Petition: But for the Petition which they have presented by Master Spurstow, they never did deny the presenting of the same, nor do deny it. All which they leave to the consideration of this Honourable Assembly. Sir David Watkins Knight, Jerome Alexander, John Strange, Michael Hearing, Samuel Langham, Samuel Moyer, Richard Hill, George Thomason. John Dethicke, James Houbelon, Richard Leader. And Master Alderman Bunce and Master Deputy Avery, because they could not attend, with the rest of the Committee of Grocers-Hall, at Westminster at that meeting, did, by their Letter written to the said Committee of the House of Commons, avow the presenting of that Petition by Master Spurstow, and offering to make it good, with the rest of the said Committee of Grocers Hall. And Master Alderman Kendrick and Master Featherston, albeit they were not then present at the presenting of the said Petition, yet will also avow the said Petition, and, with the rest, desire it may be considered by the House of Commons. And lest it may not be believed, that Sir John Clotworthy Knight had the Treasurer's Accounts of the Ordinances of the 30 of January, 1642, and of the 14 of July, 1643, made for raising moneys for the affairs of Ireland, because he so confidently averred the contrary, and that Master Alexander was a Treasurer for the receipt of moneys brought in upon those Ordinances, be pleased to consider the Order follwing. Grocers-Hall, Die Martis. 9 Januarii, 1643. REsolved upon the Question, by the Committee and Body of Adventurers for Ireland, That Alderman Foot, Alderman Kendrick, Sheriff Bunce, and Master Avery, the Treasurers, and Master Alexander, be requried to bring in to this Committee, on Thursday next in the afternoon, a perfect List or Note of the names of all such persons as have subscribed, or given Moneys or Provisions for Ireland upon the Ordinance of Parliament of the 14 of July last, as well by way of Adventure, as Benevolence; with the Sums of money by each person adventured or given, how much each person hath paid in thereupon, and how much thereof is yet unpaid; and that the said Treasurers and Master Alexander de subscribe this Account. Resolved, etc. That Sir John Clotworthy Knight, Captain Methwold, Master Flood and Master Dethick, be desired to receive this Account, and to put it into an Alphabeticall-way, for the names of the said Adventurers and Givers, to be presented to this Committee. Resolved, etc. That Sir Paul Pyndar Knight, Alderman Kendrick, Master Maurice Thomson, Master Pennoyer, Master Casteele and Master Benjamin Goodwin, the Treasurers, and Master Alexander, be required to bring in to this Committee, on this day seven-night, a like perfect List or Note of all Moneys and Provisions that have been lent or given towards the relief of Ireland, upon the Ordinance of Parliament of the thirtieth of January, 1642; and that the said Treasurers and master Alexander do subscribe the same. Jo. Goodwin. You see the time: These Votes or Orders were made the 9 of January, 1643; and so fierce and pressing he was, that they must be finished in two days; A hard Task: But, to avoid all blame, or suspicion of delay, they laboured day and night to finish the said Accounts, to clear themselves from those Objections which had been made, and cast upon Master Alexander at those meetings, albeit they no otherwise did concern him then as aforesaid. Be pleased also, amongst the rest, to peruse the Letter and Warrant following, and it will satisfy all men of Sir John Clotworthy's having these Accounts in his hands in January last, four months before they were put into the Committee of Accounts. To our very worthy friends, Alderman Foot, Alderman Kendrick, Sheriff Bunce and Master Avery, Treasurers appointed by the Ordinance of the 14 of July, 1643, for Subscriptions for Ireland. Gentlemen, ACcording to the Resolution taken by the Committee and Body of Adventurers on Tuesday last, we have now attended here to receive the Accounts which concern the moneys and Provisions subscribed and come in for Ireland, upon the Ordinance of Parliament of the 14 of July last: And understanding that the Accounts are prepared, but no yet subscribed by all the Treasurers, we desire, for the better speeding of the business, and satisfaction to the Adventurers, that the said Accounts may be such, as shall give a full Charge, and be subscribed by you all, and delivered by to morrow morning unto Sir John Clotworthy, to the end we may forth with proceed to do that which is required on our part, and the Adventurers be satisfied in what they will expect at their next meeting: And so we rest, Grocers-Hall the 11 of January, 1643. Your affectionate friends and servants, Jo. Clotworthy, William Methwold. Charles Lloyd. Jo. Dethicke. You may please to send them by the Officer of this House, to Sir John Clotworworthy's house in Queens-street. WE who are appointed to supervize the Account brought in by Master Alexander, etc. do desire the Adventurers to meet at Grocer's Hall on Thursday next, by nine of the clock in the morning, to consider of some particulars in the said Account, that all men may have sat is faction thereof, that are interested therein. Goldsmiths-Hall, this 23. January, 1643. Joh. Clotworthy. Wil Methwold. Charles Lloyd. Joh. Dethick. And by all this doth it not seem strange, that such a charge should be laid against Master Alexander, concerning these Accounts, which he had thus clearly performed in, though, as you may perceive, he is not so concerned in them, that he is liable to give any Accounts, but to the Treasurer's only, and they are answerable unto the State, as they have often told him? But will you not think it more strange, that these proceed should be, and things thus carried, and yet these Accounts of the thirieth of January before these times, and from time to time, being put in before the Committee of the House of Commons for Irish affairs at Westminster, whereof Sir John Clotworthy is one, and that continually attended that Committee, nay these Accounts examined, and audited by Master Collins Auditor for the Irish Accounts, and by master William Hawkins, the Secretary unto the said Committee for Irish affairs at Westminster? and if any errors, or miscarriages had been in the said Accounts, surely they would have quickly found them, and I cannot believe, they would have concealed any thing that might have made against Master Alexander, if any thing had appeared in them worthy of blame: But is it not to be more admired, that all this ado should be made about these Accounts, and Master Alexander of all the rest, and none but he called upon, and thus questioned concerning them, when that Honourable Committee of the House of Commons for Irish affairs sitting at Westminster, whereof Sir John Clotworthy is one, as is said before, in December 1643. had by their Order discharged Master Alexander from meddling in the Officer, and had placed another in his Room, as appears by the Order following? Committee for the Affairs of Ireland. Die Veneris, viz. 9 December, 1643. THis Committee being very sensible of the prejudice which doth already, and may hereafter come unto the service of Ireland, by the continual neglect of master Jerome Alexander, who is appointed by the Treasurers at Guildhall, nominated in the Ordinance of Parliament of the 30. of January last, for a new Loan and Contribution towards the relief of that Kingdom, to attend that Receipt, their Orders being by him slighted: and he refusing to attend this Committee, as he hath been often required, they have now thought fit, that the said Treasurers do appoint Master Richard Warburton, who is well acquainted with the business, to take into his charge and custody, the Books and Papers belonging to that Ordinance, and to state and perfect the Accounts concerning the same, and that he attend the Receipts and Payments upon that Ordinance for the time to come, by the order and directious of the Treasurers, so as the service may not suffer by any neglect. Joh: Goodwin. Thus you may perceive, that whether Master Alexander were in the office, or out of the Office, all is one, his quiet is never a whit the more: and yet since this Order, all the Orders that have come from that Honourable Committee for Irish affairs at Westminster to the Treasurers, they have been delivered to Master Warburton, who, with one Master Benjamin Goodwin, one of the said Treasurers, hath carried on the bu2inesse with him; and yet Master Alexander must still be called upon for Accounts. And whereas this Order mentioneth neglects, and contempts, Master Alexander was ever obedient to their Orders, and caused the Accounts to be delivered in punctually from time to time, as they were required, or else he had been worthy to have heard of it to his cost; and I am sure you believe he should have heard of it in another kind: And how he hath behaved himself, amongst those with whom he hath had to do in these affairs, you may be pleased to understand in the Certificate following. WE of the Committee of Adventurers in London for Lands in Ireland, sitting at Grocer's Hall, do certify, and will be ready to make it appear, when we shall be called, that Master Jerome Alexander was freely and unanimously chosen by the Body of the Adventurers in London, to be one of the Committee for Irish affairs at Grocer's Hall, and was at another meeting afterwards confirmed by a like consent; That ever since he hath performed his duty, with a great deal of care and industry, for the Public, and hath in this time done many acceptable services for Ireland, with that Candour, as we conceive him worthy of all encour agement. And we further conceive (and by experience have found) that if he had not been amongst us, we could not have gone on so well in this Affair as we have done, in regard he is better acquainted with the state and condition of most parts of Ireland, and the several persons there employed, than we are, or can be. David Watkins. Jam. Bunce. Joh. Kendrick. Sam. Avery. Hen. Fetherstone. Rich. Hill. Michael Herring. James Houblon Joh. Dethick. Joh. Strange. Sam. Langham. George Thomason. Sam. Moyer. Rich. Leader. And Master Alexander is confident, if he would have desired a Certificate from the Committee of Goldsmiths-hall, of his carriage amongst them, he could have procured a like manifestation of his good demeanour in that service; but because it concerneth another employment, he hath been silent in it: But thus you may perceive further, what ill measure he hath had, and what opposition he hath undergone; and for no other cause or reason that he is conscious of unto himself, if not for acting his part in the affairs wherein he hath been trusted, with that fidelity and zeal, that becomes an honest man: And to the best of his understanding, in all the course of his life, the malice and prosecution that he hath met withal, have been for no other cause, but that he would never be drawn to betray any trust committed to his charge, for any gain, or tender of preferment whatsoever. But why should Master Alexander think much at this usage, seeing it is but the same thing which others sufer with himself; and is that hath been, and it is that which shall be? And that which is done, is that which shall be done, and there is no new thing under the Sun, Ecclesiastes 1.9. But after all this, it hath been objected further; But what hath been done for Ireland, since Master Alexander hath been of that Committee for Irish affairs? It is not possible for any man to think that it lay in his power, to do more than his own personal endeavours could contribute: and that he may put the question, in answer of this demand; What hath he left undone, that any ways lay in his power to do, and promote for the good and welfare of that Kingdom, or of any His Majesty's Dominions? Nay, ever since his coming for England, after his escape from those bloodthirsty Rebelsin Ireland, he hath spent his whole time, and that means which he hath received from his friends, in that service, and both publicly, and privately hath laboured by all the possible ways he could, to have relieved it: and Ultra posse non est esse. Let any man instance in any thing that he hath done, to the least prejudice of the proceed, and if he cannot answer for himself, let him be condemned; if that be not so termed wherein he hath opposed those things which inall likely hood and appearance, must have left the Forces, and poor Protestants there, in a fare worse condition, than (blessed be God) now they are in. It is a Rule, that Contraria juxta se posita magis elucescunt; By telling you peradventure, what he hath not done, you may happily give a guess, at that which hath followed upon his endeavours. First of all then, he doth profess, That he hath not carried two faces in one Hood, but in whatsoever Debates, where he hath had the freedom to deliver himself, and his opinion, he hath done it with singleness of heart, clearly without respect of persons: he hath made the cause of Reformation both in Church and State, the sole aim of his intentions, and Bias of his actions, and in the prosecution hereof, hath never swerved to the right hand, or to the left, & for his part hath still inclined that way which his judgement hath led him unto, and that might promote this the best, and bring it unto perfection with most expedition; and hath been ever of this opinion to love truth, though in the coursest garments: he hath never been so far wedded to his will, but that he could submit to any one when convinced with reason; and if upon good grounds, he hath conceived any one, of what Nation soever, better able to do the work, than his own Countryman, he hath preferred him in his esteem, as fittest to beimployed in such a time as this, all punctilio's of honour, and by-respects whatsoever notwithstanding: he hath not clawed any one with Court-holy water, smooth language, whom he hath understood to have been an enemy to this Cause of God, of what quality, or condition soever, but hath delivered his sense freely in those things wherewith he hath been trusted, whosoever hath opposed it, though veritas odium parit: he hath not acted for his own interest wherein he hath been employed, otherwise then involved in the same general Cause, with all others; knowing, that if the Public suffers, it is not any man's private interest that can be considerable: He hath not been craving the employment wherein he hath laboured all this while, nor hath had other Reason to move him to it, but a free Calling, and his earnest desires & affections to advance the business: He hath not been led to this by a popular spirit, or from a desire any ways to lift himself up in the opinion of the world; and shall be as well content to rest from his labours, as he hath been for to perform his duty, if he shall be once by the same power set aside, as useless and unserviceable, by which he acteth, and by which he was called to it: he hath neither gained, nor claimed 40000 l. for his service, but hath lost a Fortune, by the Rebellion in Ireland, worth half that same, and all the Estate he had, and therefore hath deserved some consideration; and yet whereas others have tasted liberally of the bounty of the Parliament, out of those Collections made for the relief of the poor distressed Protestants in Ireland, he hath yet never received penny of that Charity, nor hath in the least been burdensome to the Parliament, but hath lived by that which he hath truly laboured for, and spent as much more in their service, that hath been given him of his friends: He hath not been Linsey-Wolsey in his Religion, nor hath professed to more sides than the right, so near as he was able to apprehend the truth, for to support him in any action, or thing, that hath not been just and equitable; nor hath he by a specious and seeming sanctity, endeavoured to cover over a double iniquity, he hath not filled his purse with unlawful gain, nor hath kept from others that which is their due, when power and menas, and that which hath been rightly belonging unto such, hath been put into his hands, for their satisfaction; nor hath complained, nor made use of the necessities of others, to supply his own occasions, whiles these indeed have been in a starving and perishing condition: he hath had neither place nor Office, under colour whereof he could fill his Coffers, and yet never do duty, nor wait upon the service: He hath hated to be accounted a common liar, or a slanderer of his neighbour: He hath not maliciously endeavoured any man's ruin, nor hath whispered in secret that, of any man behind his back, which he hath been ashamed to justify unto his face; he hath not been like a wild Ass' Colt, that hath kicked the dam, that hath given it suck; he hath not deceived the trust reposed in him, nor been but what he hath seemed to be; he never was accused to have laboured for the enlargement of any Rebel, under colour that he should do service for the Parliament; he never held Intelligences with any the Parliaments opposites in Oxford nor elsewhere; he could never fawn like a Spannel, flatter like a Fox, imitate like an Ape, change like a Chameleon, nor devour like a Lion; and if it were not that he hates to be the Trumpet of his own praise, he could say something of himself, which he will therefore forbear, only relate all in this one general, that he hath never been wanting to contribute whatsoever hath lain in his power, and within the Verge of his profession, to promote the welfare of that, and these Kingdoms; and hath spent many hours, and days, and months, some years in managing those affairs, and amongst others hath served the Parliaments commands therein faithfully and constantly, and with so much success as the distraction of the time, the Cessation of Arms there in Ireland, and the great opposition which he hath met withal in these proceed, would permit and suffer: and because he hath been charged, that he hath endeavoured heretofore to have drawn over the moneys collected for the poor Portestants in Holland hither, thereby to have diverted that charity into another channel, and by the employments of the moneys here, to have advantaged some man's private interest; he doth profess, he hath been so far averse to that way, as understanding from the first, that it was the intention of the Donours of that liberality, that it should be only sent over for Ireland in Victual, that with the rest of the Committee at Grocer's Hall, he hath laboured to keep a right understanding therein, with the States and Classes of the Low Countries, and to prevent all suspicions of mis-applying their bounty, otherwise than they intended it, and when some letters were written over by some from hence to that purpose, which staggered them in their said proceeding, the said Committee of Grocer's Hall so carefully waded in it, with them, as they took off the jealousies thus raised, and have procured a large collection and contribution there, which hath been sent in Victual to the poor Protestants in Ireland, amounting unto near 30000. l. which hath been such a Reviving unto them, as some of them of Ulster have professed, that they had not otherwise been able to have subsisted all this while: and if any such thing hath been done, surely it hath not been by the Committee of Grocer's Hall, or Master Alexander, as the ensuing Order may possibly manifest, which was directed to Master Deacon, Clerk to the said Committee of Adventurers, to have taken the business out of their hands. Committee of the Affairs of Ireland. Die Jovis, viz. 29. February 1643. Whereas the Letters, Orders, and other Accounts, and Papers which concern the Contributions for Ireland in the United Provinces in the Low-Countries, and the disposal of those Contributions have been by former Order of this Committee required to be brought unto them, but are not yet produced to give that satisfaction, which upon many occasions is requisite: It is now again thought fit and Ordered by this Committee, that Master Deacon (in whose custody they are alleged to be) be hereby required peremptorily, forthwith to deliver unto Master John Goodwin, now of the chair for this Committee, all such Letters, Copies of Letters, Orders, Accounts, and other writings; either sent from hence, or received from thence, which concern that affair, to the end the Committee may from time to time make use of them, for the advantage of the service: whereof the said Master Deacon is not to fail. Jo. Goodwin. But what was meant by this, Master Alexander professeth he knoweth not, but he conceiveth well, and that it was to have managed the business in a better way, than they at Grocer's Hall have done; but he hopeth it hath excused him from that Accusation, and to those that have blamed him in this particular, who hath no ways been advantaged by it in the least farthing, but hath contributed all his endeavours, that might possibly promote the business; and whosoever wrote to that State, to draw over the moneys hither to be employed here, he can wash his hands in innocency, he hath had no finger in it; indeed he remembreth something hath been written from thence to the said Committee at Grocer's Hall, informing such a thing to have been done, and admiring the desire of it, for that the States and Classes had Ordered otherwise from the beginning; and that whatsoever moneys should be thus Collected, should be only employed to buy Victual, and to transport thither, which hath been since done to such a value as formerly mentioned. And now if you please, you may observe from all that hath gone before, the state and condition in which Master Alexander hath lived ever since he came to Act in this world, that as 'tis said, Revel. 12.4. The Dragon stood before the woman, which was ready to be delivered, for to devour her child so soon as it was born: so he came no sooner abroad to trade and traffic amongst men, but he found the stream and Current of the times, immediately to run very strong and violently against him, and ever since he hath been enforced to sail both against wind and tide, that he could never yet with Saint Paul attain to the fair Havens, unto the desired place where he would be, Acts 27.8. Psal. 107.30. yet hath God many times made these storms to be calms, so that the waves thereof have been sometimes still and quiet, but like a Ram fallen backward, to give the greater Butt in their coming on again; and the stormy winds and tempests, which hath lifted up these waves on high, have brought him to his wits ends, and have even melted his spirits, because of the troubles; yet he doth confess, when he hath cried unto the Lord in these afflictions, he hath saved him out of these distresses, Therefore doth he praise him for his goodness, and for the wonderful works which he doth unto the children of men: you may also perceive Master Alexander hath still been upon the defensive part and hath laboured under the oppressions of those with whom he hath had to do, and it hath been his ill hap evermore to be pursued by such as have been too strong and mighty for him, that he can truly say with Israel, Psal. 129. Many a time have they afflicted me from my youth, yet they have not prevailed against me; the Plowers ploughed upon my back, and have made long furrows, but the righteous Lord hath hewn their snares in pieces: you know the report of great ones, must render a man suspected at least, though never so innocent, if not distasteful to that sort of people, who believe things as they are informed of them by their superiors, whom they trust, who carry authority with them to cry down any man's merits, though never so worthy, and can stick upon him scandalous imputations, though undeserved; and if it be thus, how much sooner will things be credited, which are done by colour of Justice, and as if they had the stamp, and an impression of truth set upon them, by the powerful hands of Authority, which in those times admitted of neither dispute or contradiction, nor was there any way left to repair innocence thus abused: and for a close of all, be pleased to recollect these observations from the whole matter. 1. That this Sentence thus given against Master Alexander, was an occasion taken, as for a thing long waited for, and resolved upon beforehand to be put in Execution with the first opportunity; and then see how easy a thing it is to find a staff to beat a dog. 2. That Master Alexander attempting now at his first coming into the world, to repair himself against the wrong done him by Master Godfrey, as aforesaid, he being a Popish adversary; yet of great esteem and account in his Country, as descended from so famous a Lawyer as his father was in his Generation, allied to many Ancient families there, befriended by all the Gentry: Therefore, and for not complying with the times, and refusing to betray the trust reposed in him; and by reason of the many Stewardships which he had, and therein having to deal with very many of the best Gentry of that County, that held of those Lordships by Service and Rent, the performance and payment whereof, he now more strictly required, the same being almost extinguished by the connivance or negligence of his predecessors exercising that Office; and having therein also to deal with a rude multitude of the poorer sort of people, who for small and petty debts, were daily sued in those Courts, whose very necessities did raise clamour, though justly proceeded against, and Mr Alexander in the course of his calling, in the very beginning thereof, being much employed for the inferior sort of people and most commonly against the greatest, wherein he did evermore perform his duty with all the power and faithfulness he was able, and evermore with good success, which he hath continued to do unto this day, he doubteth not but all indifferent men will judge, that it was not possible for him to live without being envied, scandalised, and questioned: though in all you may perceive he still acquitted himself; For he that doth truth cometh to the light, that his deeds may be made manifest, that they are wrought in God, and the truth shall make him free, Joh. 31. & 8.32. 3. That this Sentence was then given with a spirit of prejudication and resolution beforehand, taken howsoever to condemn Master Alexander in this matter, doth appear by the said Lord Keeper Coventries proceed in it, from first to last: wherein all the Officers in that Court acting under him, and to free one of themselves, carried on the same more smoothly, and so made it a thing almost impossible for Master Alexander to escape their fingers: birds of one feather, flying altogether to the prey; which is more remarkable in the particulars following. 4. By the Lord Keeper Coventry his readiness 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 Judgement, his Lordship gave Rules and Orders in this matter, against all the Rules and Orders of that Court. 7. Thus he irregularly admitted of an Oath in this Cause for to confront an Oath, contrary to all practice 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 only 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 be done, where the fault is found. 8. That where the Accusation hath been once answered upon Oath, in the particulars 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 publicly in Court interrogated by himself, and after that again by examination of the Judges, by him principally directed, which was only 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 complaining, hath been bound up in the matter complained of, by the Oath of any Defendant, without his own consent; yet in this Case Nevil 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 extrajudicial way also, and made use of it afterwards as a testimony upon which to ground the Sentence, having nothing more to support it withal. 10. In all Bills and Informations exhibited in that Court, the Cause being so penal to the party complained against, the matter ought to have been set down truly, and as precisely as in an Indictment, that so the party accused, might have certainty to what to answer; for if one offence be 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 proceed to condemn Master Alexander: For first, he received the said _____ Cook to depose matter in Court against Master Alexander, divers, and from the things in question, and caused that to be inserted in the Sentence, as convincing testimony, which you see is a thing false in itself now it comes to be defended; He admitted of divers generals also not proved, nor before alleged, to be inserted in the said Sentence, as matter of testimony to support it, which were fare otherwise in truth, and deed, than 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 Process, to join issue in the matter controverted, or depending, and after issue joined, is called by Process, 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 be prevented: but in this Case of Master Alexander's, 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, he overshadows it with another thing, an error 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 day's time, from the day that the Judge's certificate was first produced, and read in Court, and then Resolved upon the first to draw this matter unto a formal hearing, it is concluded to be proceeded in, is debated, and Sentenced, and M. Alexander destroyed without defence; and what needed all this posthaste, if not to have made it only 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 Governors of Lincolns-Inne, whereof Master Alexander was a Member, to expel 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 Wind 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 aimed 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 itself petty, and without consideration, in case it had been the Act of M. Alexander (as you find him cleared of it, in that which hath gone before) and therefore it further showeth the inveteracy of his rancour, 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 excessiveness and immoderation of the Fine, and other things required to be performed by the Sentence, to make it final and irrecoverable, and so heavy and burdensome, as that Master Alexander should never again be able to rise from under it; for thus he disenabled him in his estate, in his profession, in his good name, in his friends, and made whatsoever uncomfortable to him which this life could afford; that thus upon the matter he had buried him alive, which to have completed, there wanted nothing but execution, an Officer, to have cast him into the grave, the prison appointed, from whence he should have been sure, in his time, never to have returned, till he should have paid the uttermost farthing, and performed whatsoever he required to have been done. 16. That he seconded Yates his dismission with another Act of injustice, as grievous as any of the rest: he received a Bill of costs from Yates his Attorney, which had a foundation answerable to the building, false glosses upon the Text, a Title appearing as untrue, as the particulars therein were unjustly multiplied; with an addition too in the Summa totalis, more than justifiable, or contained in the Sums that went before, another brat of the same breeding; thus rolling one stone more over his grave, that so there might be weight enough to have kept him under ground. 17. That by his means no instalment of the Fine must be in Master Alexander's Case, which was a mercy admitted to all others in like condition, and to such whose offences were proved Capital, and transcendent indeed, and this Fine must be begged, and paid, and all other sums of money which he had adjudged to be paid by M. Alexander in that Court: and was not this yet more grievous and intolerable, and done out of malice to him? 18. That he vowed, he would not admit of any Pardon to pass under the great Seal for Master Alexander, of the said Sentence, so long as he was Keeper of it, which in part he performed, and with much trouble to his patience, and grief of his heart (as you see it proved) it was, that he permitted any thing to pass at all, and if his power had not been employed for a cloak of his maliciousness, 1. Pet. 2.16. what had it been to him, had he stood indifferently affected, that after the Sentence past, and that the Law had had its course, that his Majesty should not be as merciful to M. Alexander, as to any other of his Subjects, you may understand the cause of his fear, was the palpable injustice in these his Actions, and that if M. Alexander should acquire any means and liberty for himself, he conceived his spirit too great to put up such an injury at his hands, when any opportunity should be offered to attempt the same. 19 That he gave the said dismission for Yates against Master Alexander, and awarded 130. pound Costs against him, when it appeared unto him by such proof as had been made, that M. Alexander had probabilem causam littigandi, and much more, and therefore by the course of that Court ought to have paid no Costs, which further answers that objection; That the Petitioner should commit the fact for his own advantage, when no benefit could have accrued to him by it at all, there being sufficient testimony besides to prove the Charge, and it had been an Act of great folly in M. Alexander to have done such a thing, which must of necessity have been controlled in Court, both by the Record, and the Defendants Copy of the said Deposition, and who can believe he would do that Act in secret, which he had endeavoured to make public, by the mark like a hand set against it in the margin of the Copy for examination of it, and which of necessity must discover it. 20. And if the said Lord Keeper Coventry had not been more engaged in it than ordinary, why would he have pressed a matter of no more importance or damage, either to the State or any other person than this was, and carried it on with so high a hand and such violence, especially against one of his own coat, whose infirmities, if he had found any in him, he should therefore the rather have endeavoured to have concealed in the birth of his profession in hope of amendment, than thus for to proceed without mercy or moderation, I am sure herein he did not imitate his heavenly Father in mercy, who forgiving thousands of Talents, doth expect we should not for Pence, take our Neighbours by the throat, Luke 6.36. Mat. 18.32, 33, 34, 35. 21. He suffered the Sentence to be interlaced with much scandalous and impertinent matter, merely suggested to render M. Alexander causelessly odious, to all that should only read it and understand no more: and we say it is an easy thing to make a man of straw, and kill him when we have done; and if it may be admitted to insert without proof or warrant, what a man's Adversary, and his Council can invent, to make something of nothing, whereby to charge his enemies; I wonder who it is in such case can be safe from destruction, or that can think his life and estate is not every minute in danger, and when the said Lord Keeper Coventry, who had first the perusual of all Sentences given in that Court, did permit this Sentence to be stuffed up with such untruths: Is he blameless herein for doing to Master Alexander an intolerable injury and oppression? 22. When he observed no Order, in this proceeding, which is the life of Government; and where there is no Order, there is confusion, it is a Rule then in all Cases criminal, if the supposed Delinquent deny the fact objected, no prosecution should be made against him, without Bill or Information, Answer and Examination of Witnesses; so that the Party accused might make his just Defence: of all these Master Alexander was deprived and debarred, and yet the Sentence supported by his only power and greatness, as if it had been the most just one, that ever was pronounced upon earth. 23. You may also perceive what use of it hath been made from time to time, against Master Alexander, by all those his opposites, with whom he hath had to do, perverting it to serve their own turns for his disgrace; and though it be penned with as much asperity, and disadvantage unto his Case; and filled with as many falsities as there are lines, yet because it came not high enough, it must be reported to be far otherwise, and worse than it is in itself: which the late Earl of Strafford, and now, Sir John Clotworthy, have been pleased to extend far beyond whatsoever is contained in it: and all which you see Master Alexander hath hitherto suffered with a great deal of patience, but doth now hope the time is come that his Case is known, and if yet he shall not find redress of his sufferings, he is so well enured to bear the burden of these Calamities, as he will yet rest in hope, that, that God which hath all this time protected him, and kept him from destruction, will either here, or hereafter, or in both, satisfy him with his goodness. 24. That Court of Star-Chamber itself in the exercise of it in those times, was not so pure, and clear from question and exception, both that it was by this Honourable Parliament found to be a great grievance, and vexatious to the Subject, and therefore dissolved it, the Judges of that Court not keeping themselves to the points limited by the Statute, by which it stood principally founded and erected, but did punish where no law did warrant, and made decrees for things where they had no Authority and did inflict heavier punishment then by any law was warranted and contrary to the great Charter, and was a means to introduce an Arbitrary power and Government, And therefore no wonder, if he that was an honest man, and lived in any way averse unto those times and their proceed, extremely suffered under its censures, but we have seen the end of these blazing and falling stars, who having deceived us all this while, have been resolved into their Elements of earth and self respects. Thus a man that is constantly carried by true principles, though the compass may through infirmity or Temptation sometimes admit variation or wavering yet it recollects itself again, and will promote to the true pole, what waves or winds soever beats against the ship, perseverance in good things goeth never without its reward in the latter end, it did Judas no good that he was of the twelve, when once he fell away; for it cannot do any man good to lay a good foundation, if he build not a fair structure upon it, for to begin in the Spirit and end in the flesh; to set out good wine at the first and then that which is worse, is the Devil's banquet: I am confident of my innocence, I have produced my evidence, let the Reader judge, and I appeal to the searcher of hearts too; who will one day acquit me, and punish their uncharitableness, that have condemned me by the measure of my sufferings, and nothing else; but I hope that God who in justice hath laid on the burden, will in mercy still strengthen my shoulders to support it, and what my prayers and endeavours cannot prevent, my patience shall undergo; yet let me crave this one thing at your hands, that if you find herein, as Festus did of Paul, Acts 25.18.19. That his Accusers stood up against him, and could prove no evil accusation; you will with Paul's Judges (between yourselves at least) say of this man, That he hath done nothing worthy whereof he hath been accused, Acts 26.31. Voluntas Dei secreta sit nunquam injusta: the cause why God punisheth may be hid, but it is never unjust, Therefore will I bear the indignation of the Lord, because I have sinned against him, Nehem. 9.33. Mich. 7.9. FINIS.