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<DATE>2012-09-25</DATE>
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<NAME>Colm MacCrossan</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed.</ITEM>
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<VID>169298</VID>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>A Breviate of a Sentence given AGAINST <HI>JEROME ALEXANDER</HI> E&s;quire, An Utter Barre&s;ter of <HI>Lincolns-Inne,</HI> In the Court of <HI>Star-Chamber,</HI> the 17^t^h day of <HI>November,</HI> in the &s;econd yeer of the Raign of our Soveraign Lord King <HI>Charls,</HI> of <HI>England, Scotland, France,</HI> and <HI>Ireland, &amp;c.</HI> With Exceptions taken to the &s;aid Sentence, to unfold the Iniquity thereof. With a &s;hort Narrative of divers other pa&s;&s;ages and Oppre&s;&s;ions, wherewith he hath been al&s;o grieved in other times of his life, both before and &s;ince. Printed for the Satisfaction of his Friends, again&s;t tho&s;e many Calumnies and a&s;pertions rai&s;ed thereupon to blemi&s;h him in their opinion, and in the opinion of all others with whom he hath to do.</P>
<Q><BIBL><HI>PSALM. 118.6, 7, 8, 9.</HI></BIBL>
<P>The Lord is on my &s;ide, I will not fear what man can do unto me, the Lord ta|keth my part with them that help me, therefore &s;hall I &s;ee my de&s;ire upon them that hate me; It is better to tru&s;t 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.</P></Q>
<Q><BIBL><HI>PSAL. 9.13, 14.</HI></BIBL>
<P>Have mercy then upon me O Lord, con&s;ider my trouble which I &s;uffer of them that hate me, thou that lifte&s;t me up from the gates of death; that I may &s;hew forth all thy prai&s;e, in the gates of the daughter of Sion.</P></Q>
<P><HI>LONDON,</HI> Printed <HI>Anno Dom.</HI> 1644.</P>
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<DIV1 TYPE="to the reader">
<PB REF="2">
<PB REF="2">
<HEAD>To the Reader.</HEAD>
<P><HI>_A</HI> Working Ve&s;&s;ell is &s;aved from breaking by a vent; a heart oppre&s;sed with &s;orrows ea&s;ed, when it hath revealed its di&s;|contents: I have long laboured under many afflictions and oppre&s;sions, and to this houre could yet never finde Ju&s;tice at lei&s;ure to examine my Complaint; the vinegar of which delay, hath been as ill to me, as the inju&s;tice which I have received: whiles thus my Calamities have been prolonged, encrea&s;ed too by common Fame, and though in this time my innocence hath cleered the main debt; yet have I been undone, with the Arre|rages of the &s;u&s;pition, which is an arrow of &s;lander, 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-&s;ay, from the credit of one he tru&s;teth, and thereby wrong the reputation of him he knows not, and the innocent thus ma|ny times may &s;uffer reproach unde&s;ervedly: For the &s;atisfaction therefore of my acquaintance, I have Printed this Map of my mi&s;ery, untill the time &s;hall come, that my cau&s;e may be rightly judged,<NOTE PLACE="marg">P&s;a. 105.19, 20.</NOTE> and that in the interim I may not lye under the guilt of tho&s;e &s;landers wherewith I have been blemi&s;hed, cho&s;ing rather that my enemy &s;hould eate my heart, than a friend &s;hould grieve it, as it is much better to dye of the meate one liketh not, then to &s;urfet of the meate one loves, a man is not therefore unworthy becau&s;e he hath had di&s;a&s;ters follow him at the heels, for the whi&s;tling whirl-wind mu&s;t blow before <HI>Elias</HI> be rapt up to heaven: great and mighty fi&s;hes, are not bred in &s;mall and &s;weet waters, but in the Salt-&s;ea; as brave Spirits by difficult attempts, become victorious; a fruitfull tree, though the bark be bitter, yet the fruit is &s;weet, though a man may &s;eem har&s;h in the more &s;trict performance of his duty, yet is it profitable to the publique, nor &s;hall you ever finde any cudgells thrown at an Apple tree, that bears onely leaves; no man was ever envied for evill, tis vertue that hath &s;o many enemies, for a bad man is to him&s;elf the wor&s;t, and needs no other enemy to undo him, then his own de&s;ires; as <HI>Midas</HI> made his Idoll become his ruin, thus we hate the Foxes advi&s;e thovgh never &s;o current, the Wolfs skin doth detect his Coun&s;ell, in per&s;ons faulty we &s;u&s;pect truth; and therefore it was ob&s;erved of <HI>Ari&s;tides</HI> that he was wont to propo&s;e &s;uch advices as he knew did conduce unto the Publique weal by &s;ome other men, and not from him&s;elf, le&s;t <HI>Themi&s;tocles</HI> out of hatred of his per&s;on, &s;hould have with &s;tood and impedimented a generall good: as a fire made of green wood, which is fed with it as fewell, but quenched with it as 'tis green; and thus when the Murtle tree will quickly rot, the Sethim wood cannot be eate with wormes; the Saphire will not crack, when the flint is quickly &s;hivered in peeces: when the evill man like him in the Philo&s;opher, who thought where ever he went that he &s;aw his own picture walk before him; unto a wi&s;e man you can do no wrong, who like a good &s;ouldier will keep his rank; receive with thanks what&s;oever falls, that which is constant we &s;ay doth pa&s;&s;e for excel|ten, 'tis true in the u&s;e of good things, as it is in &s;ufferings for the truth; for
<PB REF="3">thus the malice and venome of an enemy too may by wi&s;dom be converted into a medicine, and by managing become a benefit, which was by him intended for an injury, or to u&s;e the &s;imilitude of <HI>Plutarch,</HI> as healthy and &s;trong bea&s;ts do eate and concoct Serpents, whereas weak &s;tomacks do nau&s;eate at delicates, &s;o wi&s;e 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 cur|te&s;ie doth another, as wind and thunder, when they trouble the ayre, do withall purge it, whereas a long Calm doth di&s;po&s;e it unto putrifaction, the &s;ame whet|&s;tone that takes from a weapon doth likewi&s;e give it an edge,<NOTE PLACE="marg">1 Sam. 13.30.</NOTE> and &s;harpens it, as the I&s;raelites when there was no Smith among&s;t them, <HI>1 Sam. 13.30.</HI> did &s;harpen their in&s;truments with the Phili&s;tims; &s;o an enemy &s;erves to quicken and put an edge upon tho&s;e vertues which by lying unexerci&s;ed may contract ru&s;t and dulne&s;&s;e, and many times when the rea&s;ons of the thing it &s;elf cannot per&s;wade, the fear of giving advantage will over-rule a man, lest hereby he gives his foe matter of in&s;ultation, the eye and neerene&s;&s;e of an Adver&s;ary exciteth Caution and diligence, and makes a mans life more fruitfull and orderly then otherwi&s;e it would have been; like a &s;ink by a hou&s;e &s;ide it makes all the hou&s;e the cleaner, as tho&s;e Ro&s;es and Violets are &s;weete&s;t which grow neer unto Garlick, and other &s;trong &s;ented Herbs, becau&s;e the&s;e draw away to them any fetid or noxious non|ri&s;hment: and as vermine do ever devour the pure&s;t Corn, and moaths eate into the fine&s;t Cloath, and the Cautharides bla&s;ts the &s;wete&s;t flowers, &s;o envie doth ever gnaw upon that which is mo&s;t beautifull in another whom it hateth, poy&s;on never works, where it finds no heat; envie &s;till follows the better part, as the Vulture it draws &s;ickne&s;&s;e from a per&s;um, a rancorous nature, trouble, from the good it &s;ees in him he hateth; and <HI>odiorum acriores cau&s;ae quando iniquae,</HI> when hatred is built upon a bad foundation it commonly rai&s;eth it &s;elf the higher, and the rea&s;on is becau&s;e in pa&s;sions of this nature, the le&s;&s;e we have from the object, the more we have from our &s;elves, and what is defective to make up malice in the demerit of him whom we hate, it &s;upplyed by the rai&s;ing of our own &s;tomacks; as we &s;ee in the body that thin and empty nouri&s;hment, will more often &s;well it then that which is &s;ub&s;tantiall; but after the greate&s;t inundation the waters are dryed up, the &s;ubtille&s;t lightning hath but his fla&s;h; the ratling thunder-bolt hath but his clap: In the fulne&s;&s;e of time the <HI>I&s;raelites</HI> &s;hall return out of <HI>Babylon,</HI> in the mean time we mu&s;t awaite Gods lei&s;ure with patience,<NOTE PLACE="marg">Exod. 12.41.</NOTE> <HI>&s;tand &s;till and &s;ee the Salvation of God:</HI> a cheerfull heart makes a &s;trong back, and the well couching together of the pack availes much to the Carrier: by much &s;ufferance comes great ea&s;e; the experience of Gods deliverances is a &s;trong Oblation to tru&s;t in him for future mercies; the Suns heat will be mo&s;t comfortable when we are mo&s;t cold, in the great&s;t perplexity to finde a deliverer, will be much more wel|come to the di&s;tre&s;&s;ed; and though di&s;grace be a tough bit for fle&s;h and blood to dige&s;t, yet he that will live godly in this world, mu&s;t re&s;olve for to endure tribu|lation, for at the best it is full of Cares.<NOTE PLACE="marg">Job 5.7.</NOTE> <HI>For man is born unto trouble, as the Sparks flyes upwards;</HI><NOTE PLACE="marg">E&s;ay 45.7.</NOTE> that it is no wonder if in this world he meets with many mi&s;eries, but as that man onely can look upon the Sea with comfort, that hath e&s;capt a &s;hipwrack, &s;o with the Prophet <HI>David</HI> he onely can the be&s;t content him&s;elf to have been mi&s;erable,<NOTE PLACE="marg">P&s;al. 30.12.13.</NOTE> who&s;e &s;ackcloath God hath put off, and girded his loynes with gladne&s;&s;e, and if rightly to con&s;ider the manner of Gods Husban|dry; mo&s;t commonly he begins to plow that &s;oyle betimes, which he means &s;o to &s;ow in his &s;ea&s;on,<NOTE PLACE="marg">Jer. 3.27.</NOTE> and tilleth and harroweth it over and over again, from which he doth expect to have a good and plentifull harve&s;t,<NOTE PLACE="marg">P&s;al. 129.1.2.</NOTE> therefore it is good for a
<PB REF="3">man, that he bear the yoke in his youth; grace cannot go on but with many rubs,<NOTE PLACE="marg">Job 18.7 P&s;al. 22.15. P&s;a. 119.67. Judg. 3.20. Joh. 5.2, 3.</NOTE> and affliction is the better endured, before the &s;teps of a mans &s;trength be &s;traight|ned, or that he be dryed up like a pot&s;heard: 'tis &s;ickne&s;&s;e we &s;ay, which makes health &s;o much e&s;teemed, for by wanting we deem the thing better, when it is enjoyed; and no man &s;ees him&s;elf &s;o clearly, as in the gla&s;&s;e of adver&s;ity, when every blow that God layes on, &s;eemes to &s;ay as <HI>Ehud</HI> unto <HI>Eglon,</HI> I have a me&s;|&s;age to thee from God; which if he &s;hall con&s;ider, it will make his grief a <HI>Bethe&s;|da,</HI> to cure him of his infirmities; and thus he will come out of the furnace as pure gold, cleered from the dro&s;&s;e of his corruptions: 'tis very painfull to hide a wound. Then by that which follows I hope I may &s;ay without offence,<NOTE PLACE="marg">Lam. 3.1</NOTE> I am the man that have &s;een affliction, nay like waves in a &s;torme, they have pre&s;&s;ed vio|lently in, one upon the neck of another: I accompted it my fir&s;t unhappine&s;&s;e, that after I had &s;ome good time continued in the Univer&s;ity, and obtained &s;ome mea&s;ure of knowledge in tho&s;e Arts, which contented me, and that for my own part, I had re&s;olved to have fixed there; I was con&s;trained by my friends, upon whom I then depended for livelihood and &s;ub&s;i&s;tance, for to for&s;ake that way in which I was, and to apply my &s;elf unto the &s;tudy of the Law; for as every thing lives the best in his proper Element, &s;o he thrives commonly the be&s;t, and pro|ceeds with most &s;ucce&s;&s;e that is &s;etled in that cour&s;e to which his Genius is most enclined; yet here I accompted it my good hap to fall into &s;uch hands for my Education, that in the fir&s;t place, I was taught this principle of Religion,<NOTE PLACE="marg">Pro. 8.7.</NOTE> <HI>above all things to buy the truth and &s;ell it not;</HI> it being a thing &s;o precious and de&s;ired, that Chri&s;t him&s;elf came to bear witne&s;&s;e unto it,<NOTE PLACE="marg">Joh. 18.37. &amp; 8.32. &amp; 3.21.</NOTE> and by his works mani|fe&s;ted it to be the thing which &s;hould make his followers free: the fa&s;hion God &s;o much regards not, as the &s;tuff; and that &s;eed is ever the be&s;t, which is the mo&s;t white within: now it was not long ere I was put upon the tryall, to &s;ee if I would hold this ground wherein I &s;tood, retain this Doctrine in which I was in&s;tructed; for the &s;ilver cannot appear till <HI>Benjamins</HI> &s;ack be unloo&s;ed: A noble friend of mine now in the minority both of my yeers and profe&s;sion, having conferred upon me by grant, the Steward&s;hip of many hundreds in the County where I lived, and the then Lord Chief Ju&s;tice of the Common Pleas, being my Country-man, and having purcha&s;ed the Fee of two of tho&s;e hundreds, moved me to depart with my intere&s;t in two of tho&s;e Steward&s;hips, for an Officer of his own, without other right, but onely becau&s;e he de&s;ired to have it &s;o; which for that I refu&s;ed (without the approbation and con&s;ent of him that tru&s;ted me, who had Letters Pattents thereof for the life of another (which I had no rea&s;on to &s;ollicite for to let go, and his Lord&s;hip thought was below him to &s;eek after otherwi&s;e, and I maintai|ning my right therein in this time again&s;t the many di&s;turbances and oppo&s;ition of tho&s;e imployed by his Lord&s;hip, attempting to have gained the pre&s;ent po&s;&s;e&s;sion by an U&s;er of the Office) therefore he was much di&s;plea&s;ed with me, and did not forbear in plain termes to tell me &s;o, with other expre&s;sions in language cleer enough, to let me know his meaning, that I was to &s;tand upon my guard, for if ever I came in his way, I &s;hould be &s;ure of a la&s;h. Now a young beginner doth not &s;o well under&s;tand what the Schollers of the upper form do; and this being in the fir&s;t of my comming forth, in a time when I was fully per&s;waded that faithful|ne&s;&s;e and truth could not have been over-ma&s;tred by an enemy, and that he was not worthy to wear his ma&s;ters Livery, and bear the name of a Chri&s;tian,<NOTE PLACE="marg">Jer. 9.3.</NOTE> that was not valiant for the truth upon the earth; the Spirit being truth,<NOTE PLACE="marg">Jo. 1.5, 6.</NOTE> and know|ing that God made his everla&s;ting Covenant with them onely that love judge|ment,<NOTE PLACE="marg">E&s;ay 6.8.</NOTE> and do their works in truth; and being commanded by the Word of truth,
<PB REF="4">to withdraw from men of corrupt minds, de&s;titute of the truth, who onely &s;uppo&s;e gain to be godline&s;&s;e;<NOTE PLACE="marg">Acts 6.11.</NOTE> yet no &s;ooner did <HI>Stephen</HI> plead for this truth but &s;ome were therefore &s;uborned again&s;t him to kill him: no &s;ooner did <HI>Paul</HI> begin to Preach this truth,<NOTE PLACE="marg">Rom. 2.2</NOTE> but oppo&s;ers began al&s;o to con&s;ult how to put him out of the way; for as <HI>Origen</HI> &s;aith of the Devills, There is ne greater torment to them then to &s;ee men addicted to the Scriptures; &s;o the &s;ame may be &s;aid of truth, The Devill and his Angells cannot endure it, it is &s;o contrary to his nature, who is the father of Lyes.</P>
<P>Having thus truth upon my &s;ide, and being therefore loath to let go a Bird in hand for two in the bu&s;h; and e&s;teeming a &s;allet of &s;owre Herbs with content, bet|ter than a &s;talled Oxe,<NOTE PLACE="marg">Zrch. 8.16. 1 Titus 6.5. &amp; 1.14. Jam. 1.18. Eccle&s;. 3.21, 22.23 1 Sam. 6.19.</NOTE> with trouble and di&s;quietne&s;&s;e; and having al&s;o learned this rule, that confidence built upon &s;uch incertain grounds, most commonly faileth the expectation, and that to live farthe&s;t from <HI>Jupiter,</HI> was to be &s;afest from thunder: the truth is, Many great ones in tho&s;e times, being like Bryers, and unfruitfull Plants, that evermore took &s;omething from the fleece that came nighthem, living by other mens Ruines, as &s;ome fi&s;hes wax big by devouring of others; nay, rather than not to be &s;atisfied, they would feed upon their own Spawns to fill their Maws: the longe&s;t robe contracting the greate&s;t &s;oyl; power and au|thority, which have great influence, being &s;eldome &s;o happy as to be imployed and improved readily for God; <HI>for not many noble, not many mighty, are called,</HI> either to enjoy Salvation in heaven, or to do great &s;ervices on earth; which was the rea&s;on that our Saviour Chri&s;t cho&s;e poor fi&s;hermen for his Di&s;ciples,<NOTE PLACE="marg">Mat. 5.11. Joh 32.9. Luke 7.22. Jam. 2.5.</NOTE> that could better intend and waite upon his &s;ervice, then the Scribes and Phari&s;ees, 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 Exerci&s;e for the bar in <HI>Lincolns Inne,</HI> whereof I was a Member, I was required to forbear; whereupon tendring a Certificate of my conformity, and performance of my Exerci&s;es, and payment of all Duties in the hou&s;e as others, I de&s;ired to have a like equall favour with the re&s;t of my fellows, that were at that time called with my &s;elf, but for a time I was refu&s;ed, without any publike cau&s;e or rea&s;on &s;hewn unto me for the &s;ame: then addre&s;sing my &s;elf to Master <HI>William Noye,</HI> then one of the Benchers of the hou&s;e, a man then in great e&s;teeme and opinion with the people, both for his learning and integrity, and a great lover of Truth and Ju&s;tice; he told me plainly, The cau&s;e of this &s;tay proceeded from a me&s;&s;age &s;ent to them of the Coun|cell of that hou&s;e, from that Lord Chief Ju&s;tice, that I had injured him in &s;ome things, for which he de&s;ired &s;atisfaction before I were admitted to the Bar (and other cau&s;e to do this to my remembrance I never gave him, then as afore&s;aid) but Ma&s;ter <HI>Noye</HI> &s;o laboured the matter in my behalf, as at la&s;t the re&s;traint upon me was taken off, and I performed my Exerci&s;e and proceeded accordingly: And not long afterwards one <HI>Edmund Bullocke</HI> E&s;quire, an <HI>Utter Barre&s;ter</HI> at Law, of the &s;ame Hou&s;e, and my ancient for &s;ome years, and my next Neigh|bour in the Country, being grieved at the pro&s;perity which God ble&s;&s;ed me withall, and thinking that I began to bud too fa&s;t in my Profe&s;sion, by the wayes and helps which God afforded me; therefore extreamly maligned me, u&s;ed many Scanda|lous &s;peeches of me behinde my back, to my di&s;paragement, &s;uch as were Actiona|ble, thinking to have nipt me in the blo&s;&s;ome; and for which words I afterwards brought my Action at Law again&s;t him, whereby he perceiving him&s;elf pinched to the quick, and faln in danger of a Councell, as &s;ure to be overthrown with good dammages to be given me for the words, as to &s;uffer in his credit and reputa|tion al&s;o, <HI>that knowing his Ma&s;ters will, yet would offend again&s;t it, to be beaten with many &s;tripes;</HI> therefore in the interim before the Tryall, he
<PB REF="4">raked up &s;ome accu&s;ations again&s;t me in the Country, and thereupon petitioned the then Lord Chiefe Justince <HI>Ley</HI> to have them heard at the &s;aid a&s;sizes with my <HI>Ni&s;i prius,</HI> and thus did rai&s;e a divertive war, an old trick of <HI>Macha|vells,</HI> to keep his enemy from his own quarters, wherein if not to pro&s;per with a victory, yet to rai&s;e it as a means to accompli&s;h &s;ome Propo&s;itions of Peace at lea&s;t; and herein he had by the help and countenance of my good friend this Lord Chief Ju&s;tice that I told you of before, who underhand dealt with his brethren, and tho&s;e of mine own Coat and Country, for their a&s;si&s;tance to Ma&s;ter <HI>Bullock</HI> in this Action, by which means too, Ma&s;ter <HI>Bullock</HI> had the happine&s;&s;e to be taken notice of more than ever in his life before, and to gaine that countenance and re&s;pect, which for many yeers before he was without (and to deviate a little) I pray ob&s;erve this much by the way, by this, and that which follows, it hath been mo&s;t mens haps, that have ever done me wrong, when I &s;ought a legall repair at their hands, they evermore have found means by the helpe of power and greatne&s;&s;e to &s;ave them&s;elves and be protected, and gain al&s;o great acquaintance and preferments into the bargaine: but it is no wonder, for as one &s;tar ri&s;eth another mu&s;t fall, as one &s;ea floweth, another ebbs; when <HI>Rachel</HI> dyeth, <HI>Benjamin</HI> is brought forth: among&s;t men of the &s;ame abilities, one is many times thought di&s;advantagious to the other: &s;tarrs that do agree in light and qualities, the &s;malle&s;t &s;uffers lo&s;&s;e by the brightne&s;&s;e of them above, as one Trade&s;mans profit, is made le&s;&s;e by the other: that thus I am &s;ure, by my fals, I have been &s;et for the ri&s;ing of many, the mo&s;t and greate&s;t of which notwith&s;tanding, I have lived to &s;ee God Almighty taken revenge upon: but to proceed, M. <HI>Bullock</HI> to &s;ave his &s;take, was apt to follow any advi&s;e, might &s;ave him&s;elf, and preferred a Petition to the &s;aid then Lord chief Ju&s;tice <HI>Ley,</HI> against me accordingly, as I &s;aid before, &s;uppo&s;ing in Generalls many mi&s;|demeanours I &s;hould have committed in the exerci&s;e of my Office of Steward|&s;hip, and gained a reference upon it unto two Ju&s;tices of the Peace in the Country, and which was in effect giving them power to receive any complaints that &s;hould come in again&s;t me; and the common &s;ort of people being now thereof informed who like tinder, are apt to take fire with every Spark, were &s;ome of them drawn and per&s;waded for to complain, but without cau&s;e, all which were fir&s;t prepared in the Country, and after appointed to be heard at the &s;ame A&s;sizes before the Judges, before whom my action again&s;t him was al&s;o to be tryed: and now the&s;e Ju&s;tices of the Peace had made a certificate for the purpo&s;e, but I mu&s;t tell you, that mo&s;t of the Ju&s;tices of the Peace, thought them&s;elves to be jolly Judges, at that time, and ruled the Country as little Kings in their Dominions, all was fi&s;h that came into their nets, and their Warrants flew abroad as Bees in July, betwixt party and party, and in what&s;oever other thing, though it were be&s;ides their Com|mi&s;sion, and whereof they had not Cognizance, it made no matter: if any man a&s;|&s;umed the boldne&s;&s;e to be at Action with them for any &s;uch mi&s;carriage or wrong doing, they had every one their relations and dependances to &s;ome great Officer or States man here above, who put them in Commi&s;sion, to do their turnes, that by a Petition at Councell Table, or before them&s;elves, would convent their adver&s;aries, and have their wills of them by hook or by crook; and to &s;peak the truth, tho&s;e that guided at the Helm of State, and had their de&s;ignes laid for introducing of an Arbitrary and Tyrannicall Government at that time; it was a part of their work to indeer all the Gentry of the Kingdomes unto their &s;ide, by making them Ju&s;tices of the Peace, and imploying them in Commi&s;sions for the Kings occa&s;ians, and by putting them in Offices and places under his Maje&s;ty and them&s;elves, the de|vils great pollicy to offer men the kingdomes of this world to catch them at the la&s;t:
<PB REF="5">the more for to prepare and fit them for their hands, that very few were left un|ingaged, as now we finde it true, by too wofull experience, how mainly they have ob&s;tructed and &s;till do the work of Reformation; and if there were any man whom God had ble&s;&s;ed with more than an ordinary under&s;tanding or with power in his Country, and who that for Con&s;cience &s;ake would not be wrought up|on to &s;ide with that party, and run into the &s;ame exce&s;&s;e of riot and di&s;order with them&s;elves, &s;uch were &s;ure to be oppo&s;ed, oppre&s;&s;ed, and per&s;ecuted every way unto ruine and de&s;truction; but to proceed: Upon this Certificate of the &s;aid referrees, this matter was fir&s;t cau&s;ed to be called upon in the publike face of the County at the &s;aid A&s;sizes, and all that Rebell rout and crew, which had been &s;o mustred up and gathered together, came with open mouth to charge me before that great a&s;&s;embly: but the accu&s;ations being read, and my an&s;wers received, the Complaints appeared to be &s;o poor and frivolous, and &s;o fal&s;e and &s;candalous, as that my ac|cu&s;ers were a&s;hamed of the pro&s;ecution, and then means was made to the then Lords Ju&s;tices of A&s;sizes, the Lord Chief Ju&s;tice <HI>Ley,</HI> and Ma&s;ter Ju&s;tice <HI>Dodderidge,</HI> that they would take up the matter of Difference betwixt Ma&s;ter <HI>Bullocke</HI> and my &s;elf, that &s;o my tryall might not go on and proceed again&s;t him; which upon motion of the Judges, I conde&s;cended unto, and they were plea&s;ed to make peace betwixt us: And I cannot forget the good Coun&s;ell which my Lord Chief Ju&s;tice <HI>Ley</HI> gave unto me at that time in his Chamber privately between him and me, advi&s;ing me for the Future to be evermore of the Defen&s;ive part, which, &s;aith he, like an hedge-hog will leave thine Adver&s;ary nothing but prickles to fight again&s;t; &s;aying, if I &s;hould have &s;ought repair, and to have righted my &s;elf by law, of every one that hath done me injury by words and deeds, I had had enough to do to right my &s;elf, and &s;hould never have &s;ate in the place where now I &s;it; which from that time you will perceive by that which followeth, I have ob&s;erved as much as po&s;sible. There was one at this time al&s;o that was an Atturney at the Common Law, that dieted and lodged in my hou&s;e, who in the cour&s;e of his practi&s;e, had omitted to file an Originall Writ for his Client, which was in an Action of debt upon an Obligation of <HI>200. l.</HI> which Sute being proceeded unto Judgement, was afterwards rever&s;ed for want of this Writ to warrant the Action; and becau&s;e a &s;ine of twenty &s;hillings was to have been paid for that Writ if it had been &s;ued forth, this Atturney was therefore called in que&s;tion, before the then Lord Chiefe Ju&s;tice of the Common Pleas, and the matter mightily pre&s;&s;ed as if it had been done by my direction, and omitted to be &s;ued forth on purpo&s;e to have &s;hared the &s;aid fine between us, a thing you &s;ee but of petty con&s;ideration, yet if it could have been made good again&s;t me, an Infor|mation was threatned to have been preferred again&s;t me into the Court of Star-Chamber: but when it was fully examined and perceived that I had nothing to do with it, pre&s;ently he was let alone, and nothing done unto him afterwards for it, who at fir&s;t was threatned with Impri&s;onment, if not to confe&s;&s;e me guilty with him&s;elf, yet for this &s;uppo&s;ition of an Offence, I was bound over from time to time, from place to place, and vexed to the uttermo&s;t, and after quit without any reparation. Then as men that &s;hear Hoggs, you &s;ee unto this time, here was a great cry, but little wooll, yet this advantaged Ma&s;ter <HI>Bullock</HI> in that he &s;ought for at the A&s;sizes, but never wrought that upon him, which he was enjoyned un|to by the Judges, a perfect reconciliation, that we &s;hould have lived in Peace and good Neighbour-hood together for the time then to come; but the old Proverb was herein verified, <HI>The Devil being &s;ick, the Devil a Monk would be; But the Devil being well, the Devill a Monk was he.</HI> For the Sceane
<PB REF="5">being ended, and the fetters taken off, the man was no more a pri&s;oner, and there was nothing that came in his way afterwards that concerned me, wherein he could do me a di&s;courte&s;ie, I may &s;ay a mi&s;chiefe, but he imbraced the opportunity as a mercy, with much gladne&s;&s;e of heart, which I mention not that he had power or meanes to do me very much hurt, but to let you &s;ee this other Proverb herein ful|filled al&s;o, That a reconciled enemy is never after to be tru&s;ted, for the poy&s;on will remaine untill the bea&s;t be killed; and therefore bea&s;ts of prey that are by nature ravenous, and not to be reclaimed, we kill, as Foxes we knock on the head; onely to bea&s;ts of plea&s;ure we give Laws, as to Deer and Hares, &amp;c. For Serpents onely begets Serpents; and in that bu&s;ine&s;&s;e between <HI>Yates</HI> and me, the occa&s;ion of the en&s;uing di&s;cour&s;e, (as <HI>Coppingers</HI> Bitch, that albeit &s;he could not turn the Hare, yet did her good will) &s;o he was not wanting in doing his uttermo&s;t to promote that &s;entence unto what it is, brought as many &s;ticks as he was able to bear unto that fire; and in the interim whiles this game was thus a playing, whereof you &s;hall understand more in the &s;equell of the Story: I had &s;everall other attempts made upon me to de&s;troy me, and not by any men of mean and Ordi|nary Rank and quality, but of the greate&s;t alwayes, and evermore and mo&s;t e&s;pe|cially by tho&s;e of mine own profe&s;sion too, and yet by my own Countrymen more peculiarly among&s;t the re&s;t, of which I could never yet apprehend any rea&s;on un|to my &s;elf, but this, <HI>Ob&s;equium amicos, veritas odium parit;</HI> for to my knowledge I never admini&s;tred any ju&s;t occa&s;ion of exception to any man, if not <HI>occa&s;io accepta, non data;</HI> and as I have &s;pent my years in trouble ever &s;ince I came into the world, &s;o it hath gained me much experience I mu&s;t confe&s;&s;e, and ju&s;tly warned me to be &s;till upon my guard; but commonly he is accounted a pe&s;tilent fellow, that lives out of the length of his enemies &s;leeve, when 'tis but &s;it for him not to tru&s;t that will not be deceived: and who is it that de&s;ires to live well, and will not comply with times, but he &s;hall be &s;ubject unto much &s;lander and reproach and oppo&s;ition in the world, and then that &s;ide which is evermore the greate&s;t, that is commonly the wor&s;t, will blemi&s;h his reputation, whom they op|po&s;e, who having thus gained an ill name, though but among&s;t them&s;elves: 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 &s;teem and vapour, &s;eemes wider then it was at fir&s;t, &s;o le&s;ser Crimes, nay, &s;ome made &s;o but in imagination, and fictious, being mul|tiplyed through the mouths of many, do quickly grow into a &s;preading cloud of infamy and di&s;grace, and malevolent per&s;ons do &s;till look upon mens actions with prejudice: and as <HI>Momus</HI> when he could not finde fault with the face in the pi|cture of <HI>Venus,</HI> picked a quarrell at her &s;lipper: &s;o envious men will ever have &s;omething to &s;ay either in the &s;ub&s;tance or circum&s;tance of our actions to mi&s;|report and expo&s;e to &s;candall, for &s;piders do convert to poy&s;on what&s;oever they touch; and as a &s;tone the higher the place is from whence it falls, it doth give the more dangerous blow, &s;o the greater the per&s;onage is that acts for revenge, it is the more deadly and dangerous by much: there is no wound &s;o mortall as that which is made with a thunder-bolt, &s;o of all hatreds tho&s;e which makes pretences unto heaven, and which ari&s;e from Creatures of the highe&s;t nature, are evermore de&s;perate and mortall, and &s;uch I have met withall, nor is it a wonder if enmity grows exce&s;sive, that hath zeal to kindle it, and pretence of Religion to warrant it, for when that which &s;hould re&s;train, and &s;et limits to a pa&s;sion is made a party to mannage it, and fewell to foment it, we marvell not if a pa&s;sion, which hath no bounds from Religion, do impo&s;e none upon it &s;elf: they know the le&s;t
<PB REF="6">blemi&s;h marrs a Diamond, and therefore laboureth to crack it, and envious men like doggs do bark for company at tho&s;e they know not too, and in this all doggs agree, who&s;e black months will open fa&s;t again&s;t tho&s;e that cannot hurt them, they oft times wound before they under&s;tand without hone&s;ty or Charity; as the ma|stiffe barks at every noi&s;e, when he knows not from whence it comes; nothing but black drops fall from their lips, they even think the wor&s;t of a man for his troubles, as if a cloud could make the Sun to lo&s;e his light, their tongues are like <HI>Doegs</HI> which cut like a &s;harp razor, and like Gnats they &s;ting mo&s;t in the night when they are un&s;een, like the Dragon, they bite the Elephant behind the eare, where he can|not reach to help him&s;elf; enforceth a man to endure di&s;grace, becau&s;e he hath no way to prevent it; he hath no eyes in his own cau&s;e, and like the theefe which comes to &s;teal, he puts out the light, and &s;ayes there is no danger, to play with a blinde mans no&s;e; and then with the har lot wipes her mouth, as if &s;he were an hone&s;t woman: will be &s;ure to raile of a man behinde his back, when he is well a&s;sured he &s;hall not an&s;wer for him&s;elf; and no marvell if his tongue runs glib that's eyl'd with butter, thus you may know this bird by his feathers, his name is <HI>ill will,</HI> that never &s;pake well of any man, and as that Painter, which becau&s;e he could not take the beauty of the faee, therefore onely took the blemi&s;hes; will be &s;ure to reckon up all the faults of him again&s;t whom he hath any thing to &s;ay, and <HI>the wor&s;t enemies are tho&s;e of a mans own hou&s;e;</HI> a man hath never wor&s;e friends we &s;ay,<NOTE PLACE="marg">Mat. 10.36.</NOTE> then he brings from home, <HI>Davids</HI> Companions did him the mo&s;t hurt; <HI>Pual</HI> was wor&s;t intreated of his kin&s;men; and <HI>Jeremies</HI> friends ca&s;t mo&s;t dirt in his face; but it is no news to finde the Devill in hell; nor for two mil|&s;tones to make the &s;ame gri&s;t together; for that the Toade and Snake agree, it is no wonder, and herein envious men are wor&s;e then Lyons, which will never war among&s;t them&s;elves, nor will Wolves fall out with one another; like Wa&s;pes al&s;o, if you anger but one of them neer the ne&s;t, you &s;hall be &s;ure to have the whole &s;warm about your ears, they are unwilling that any thing &s;hould be &s;een within, and their nature is &s;uch they will never give over the pur&s;uit &s;o long as there is a &s;ting left in any of their tayles: they will then &s;eeme to be precious &s;tones when they are mo&s;t counterfeit, will tell you an untruth as a &s;ecret, again&s;t tho&s;e they hate, that &s;o they may make the better way for their proceedings; and thus the Devill and mi&s;chiefe are ever awake: but ob&s;erve and you &s;hall finde, that ther's no man would &s;eem&egrave; to deal &s;o plainly as a Jugler, when he meaneth nothing le&s;&s;e: as the theefe when he goether about to &s;teal, would then be thought an honest man, and as he that's ready to turn Bankrupt, will then make the greate&s;t &s;hew: cleanly conveyance thus hiding the iniquity, and as rotten wood in a dark night, &s;eemeth to blaze, when there is neither heate nor fire in it; but like a quag-mire hath onely a green &s;word upon the top; thus Satan hath been &s;een as an Angel of light, and when the &s;tone of the Sanctuary hath been turned up, there hath been a great toad found under it; in this Alder tree you &s;hall finde much more pith then &s;trength, many fair feathers upon this E&s;tridge, but much rank fle&s;h under|neath; when you think him to be at peace with you, then he is complotting mo&s;t mi&s;chief again&s;t you; thus thunder roareth when a man would think the ayre mo&s;t cleer, the eye &s;ees all things but it &s;elf, he commonly finds mo&s;t faults in others, when mo&s;t are u&s;ually to be found in him; and like dead men, although they &s;mell mo&s;t loath&s;ome, yet &s;mell not them&s;elves to &s;tink; and yet this Fox will run as long as he hath feet, would hide it from the world if he could tell how: it were well then if we could take the councell of the Evangeli&s;t <HI>S. Matthew, To beware of &s;uch men,</HI><NOTE PLACE="marg">Mat. 10.17.</NOTE> <HI>le&s;t they deliver you up to the coun&s;ells, to be
<PB REF="6">&s;courged in their Synagogues,</HI> their wrath being like fire, which will never cea&s;e to burn, &s;o long as there is any combustible matter for it to work on: Tis true, &s;ome of them are more and le&s;&s;e angry, as the object is upon which their di&s;plea&s;ure acteth; as, put fire to Gunpowder, and tis &s;oon in and &s;oon out; a fla&s;h, a report, and away; but when tis in a hot Iron, there it endures long: Implacable natures are never &s;atisfied: <HI>non amote, nec po&s;&s;um di&s;cere quare:</HI> They hate too, becau&s;e they will do &s;o, and can give no other rea&s;on why: And what&s;oever other cau&s;e they pretend, their de&s;pite is again&s;t Piety; this is the fuel of that fire; and the di&s;agreement it hath with holine&s;&s;e, is the contu&s;ion and &s;triking of their works to|gether, which kindles the oppo&s;ition: And &s;ometimes the &s;ugge&s;tions of Satan: Sometimes you &s;hall have an <HI>Haman</HI> to &s;tir up <HI>Aha&s;uerus</HI> to de&s;troy the Nation of the <HI>Jews.</HI> But Arts agree be&s;t at a di&s;tance; and the Sun and Moon, when fur|the&s;t from one another. The Trade&s;mans profit is made the le&s;&s;e by the re&s;t &s;haring with him. But this blowing of the winde more fa&s;tens the root of the tree, and that much more which is planted by the River of waters: So that this &s;ea may rage and &s;well again&s;t the Land, but it cannot overflow the banks. And though, with the children of <HI>Edom</HI> in the day of <HI>Jeru&s;alem,</HI> they cry,<NOTE PLACE="marg">P&s;al. 13.7.</NOTE> <HI>Down with him, down with him, even to the ground,</HI> lurking privily to de&s;troy the in|nocent without cau&s;e, and to <HI>&s;wallow him up alive, as the grave; and whole,</HI><NOTE PLACE="marg">Prov. 1.11, 12.</NOTE> <HI>as tho&s;e that go down into the pit;</HI> yet, <HI>Si Deus nobi&s;cum, quis contra nos?</HI> They do but kick again&s;t the pricks, &s;wim again&s;t the &s;tream, hop again&s;t the hill, labour but in vain to confound him whom God upholdeth: Yet what will not Dogs &s;pue out, when they are &s;et to vomit up whats within their bowels, for all that? But Gods Saints have ever fallen under mi&s;con&s;truction, have &s;till been &s;lighted and de&s;pi&s;ed, accounted as the <HI>off-&s;couring of the earth,</HI><NOTE PLACE="marg">P&s;al. 31.22.</NOTE> the fools of the Times; and mo&s;t commonly too, the better man, the wor&s;e e&s;teem:<NOTE PLACE="marg">I&s;a. 8.18.</NOTE> they have been reckoned <HI>broken ve&s;&s;els,</HI> good for nothing but the dunghill;<NOTE PLACE="marg">P&s;al. 69.12.</NOTE> &s;ignes and wonders in <HI>I&s;rael, the &s;ong of drunkards,</HI> the mirth of fea&s;ts: And what names have been invented, for to brand and to di&s;grace them with?<NOTE PLACE="marg">P&s;al. 35.15, 16.</NOTE> what re|proaches and di&s;graces have been rai&s;ed on them? as, That they are the Pe&s;ts of Kingdoms, the <HI>Troublers of I&s;rael, Rebellious again&s;t the Laws:</HI><NOTE PLACE="marg">Acts 26.51 Kings 18.17.</NOTE> not for the profit of the Common-wealth, that they &s;hould be permitted to draw in the com|mon breath. What watching for their haltings! how glad of their faults!<NOTE PLACE="marg">Jer. 20.10.</NOTE> how joyfull at catching at, and taking up any ill rumour of them! how in&s;ulting over their weakne&s;&s;es! how witty for to receive their old primitive &s;landers!<NOTE PLACE="marg">P&s;al. 35.15. and 26.16.</NOTE> and how cruelly and mercile&s;ly have they been handled, if once they have but fallen into their enemies Clutches. <HI>Plinie,</HI> in his Natur all Hi&s;tory, &s;aith of the Ty|ger, that his rage is &s;tirred up and exa&s;perated, by &s;melling the fragrant &s;ent of Spices. Tis true of good men: for doubtle&s;&s;e, becau&s;e they ab&s;tain from evil,<NOTE PLACE="marg">I&s;a. 59.1.</NOTE> <HI>they make them&s;elves a prey unto the wicked.</HI> Thus <HI>Noah</HI> was &s;corned by the men of his time for preparing the ark, and for urging Repentance to pre|vent the danger of the Deluge then to come; yet is he, by the providence of God<NOTE PLACE="marg">2 Pet. 2.5 2 Sam 6.14, 16, 20, 21, 22.</NOTE> chronicled unto all po&s;terity for a <HI>Preacher of Righteou&s;ne&s;&s;e.</HI> And <HI>David,</HI> for dancing before the Ark, was by <HI>Michal</HI> contemned in her heart; yet was it an act acceptable in heaven. If <HI>John</HI> come <HI>neither eating nor drinking, they &s;ay, He hath a Devil:</HI> and if <HI>the Son of man</HI> come <HI>eating and drinking,</HI><NOTE PLACE="marg">Matt. 11 18, 19.</NOTE> <HI>they &s;ay, Behold, a glutton, a wine-bibber, a friend of publicans and &s;inners:</HI> This E&s;tridge, having wings to cozen, not to flie withall. If <HI>Fe&s;tus</HI> may be judge of <HI>Pauls</HI> &s;peeches, then <HI>Paul</HI> is <HI>be&s;ide him&s;elf,</HI><NOTE PLACE="marg">Act. 24.6</NOTE> and &s;aid other|while to be <HI>a pe&s;tilent fellow,</HI> and <HI>a mover of &s;edition.</HI> Our Saviour Chri&s;t
<PB REF="7">him&s;elf is &s;aid to ca&s;t out Devils by <HI>Beelzebub the Prince of the Devils.</HI> But,<NOTE PLACE="marg">Matt. 12.24.</NOTE> if the Ma&s;ter of the Hou&s;e be thus abu&s;ed, how can a man think that his &s;er|vant can go free? It hath been the devils policie of old, and of all <HI>Machavils</HI> children, who derive their Pedigree even from that wicked one, their father, &s;till to endeavour to a&s;per&s;e the innocent with Calumnies and Reproaches, and to lay on load enough, that &s;ome may abide: for thus &s;lander makes way for violence; and do but taint mens innocence, in the worlds opinion, and then they lie open to any u&s;age what&s;oever. We reade 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 wi&s;e, and no man liveth that &s;inneth not: Thus the brighte&s;t gla&s;&s;e is &s;tained with a little breath; and a little &s;pot in a white paper is quickly made; and as men love me, &s;o they will tell my tale; and though hear &s;ay hath no &s;ecurity of truth, yet most men are apt to believe the wor&s;t, though of him they know not: a fal&s;e report being as one Weed in a No&s;egay, that over&s;mells all the Flowers: every man de|&s;iring to have that true he likes the be&s;t, and to which his fancie moves; which commonly is according to the fir&s;t apprehen&s;ion of things: and being once fixt in the under&s;tanding,<NOTE PLACE="marg">I&s;a. 19.29, 20, 21.</NOTE> it is very hardly removed from the judgement afterwards; an ill &s;tomack being thus apt to nau&s;eate at the very be&s;t meat, that even wi&s;e men oft times do thus their bu&s;ine&s;&s;e unju&s;tly, making a man an offender for a word, and turning a&s;ide the ju&s;t even for a thing of nought: It being the cour&s;e of the children of this world to mea&s;ure every mans Corn by their own Bu&s;hel; to mete every mans Mea&s;ure by their own Yard-wand: And becau&s;e their Candles &s;hine upon their heads,<NOTE PLACE="marg">Job 29.6 Gen. 27.28.</NOTE> and they wa&s;h their &s;teps with Butter, and the rock pours them out rivers of Oil, that they enjoy the fatne&s;&s;e of the earth, and plenty of Corn and Wine,<NOTE PLACE="marg">P&s;a. 37.7</NOTE> that their eyes &s;tand out again, with that which the marrow of their bones encrea&s;eth;<NOTE PLACE="marg">Dan. 4.3.</NOTE> being clothed with Honour and Majestie, as with a Garment, and ha|ving the Command of the People to obey them at every beck, enjoying indeed what their hearts can wi&s;h: Seeing the good men debarred of the&s;e plea&s;ures, for want of Spirituall eyes,<NOTE PLACE="marg">Mal. 3.15</NOTE> they make them a Spectacle unto the World, to Angels, and to Men,<NOTE PLACE="marg">1 Cor. 4.9, 10, 11, 12.</NOTE> reviling, per&s;ecuting, and accounting them the filth of the world, and <HI>the off-&s;cowring of all things unto this day:</HI> But the&s;e good Fortunes unto them are but as Quick-&s;ands to go upon, whereon if we &s;tand, we &s;ink; and the&s;e men like Silk-worms, when they have wrought out their Silk, turn into Moths and Butter-flies: That as the Philo&s;opher, being demanded wherein the learned were more happie then the unlearned, an&s;wered onely, <HI>Spe,</HI> in Hope; &s;o Saint <HI>Paul</HI> makes the Conclu&s;ion in this ca&s;e, That <HI>if in this life onely the Saints had Hope,</HI><NOTE PLACE="marg">1 Cor. 15 19.</NOTE> <HI>they were of all men the mo&s;t mi&s;erable.</HI> But darke&s;t &s;hadows follow the brighte&s;t bodies: Diamonds have their blemi&s;hes; fair Faces, Moles; the fine&s;t Garment &s;oone&s;t gets a Stain; and there is no man that hath had his eyes in his head, but he hath &s;een clouds in the brighte&s;t day: The faire&s;t Lawn is not freed from &s;pots; the Moon, in her brightne&s;&s;e, is &s;peckled; and tis a choice Co|lour that is not dimmed with the Air; and the&s;e men, what&s;oever they think of others, can finde, if they plea&s;e them&s;elves, that they oftentimes do &s;tumble, when they think to &s;et their feet the &s;ure&s;t: But, a little wart or &s;pot is &s;oon &s;een in the face, when a great Bunch is not &s;o ea&s;ily perceived in the other parts: things ordinary, and commonly practi&s;ed, go without exception; the cu&s;tom of the evil taking away the &s;en&s;e of the &s;in; and the multitude in the mean time warranting the proceeding, becau&s;e running together into the &s;ame exce&s;&s;e of riot; which if any man &s;hall but &s;eem to cro&s;&s;e, he &s;hall be &s;ure to have more fi&s;ts about his ears then his own: for, he that &s;hall walk in the Sun, cannot avoid the heat; that
<PB REF="7">gathers thorns &s;hall prick his fingers, that travels in the raine mu&s;t needs be wet; I have been termed a pe&s;tilent fellow, <HI>S. Paul</HI> was &s;o e&s;teemed of, and yet no man will deny him to have been a Saint; dangers pa&s;t teacheth men to take heede, and di&s;tru&s;t is the &s;inews of wi&s;dome, and keepes them out, a &s;car doth warn a man to fear a wound; and he is freest from danger, that feares when he is &s;afe; thus a wi&s;e man puts evills to good u&s;e, turnes vertue into nece&s;sity, and in&s;ults over the greate&s;t abu&s;es, and after many &s;hipwracks goes to &s;ea again, and yet be|fore the Play is done, you will &s;ee the <HI>Phili&s;tines</HI> did put out <HI>Samp&s;ons</HI> eyes, and then took him forth to make thein &s;port, for which notwith&s;tanding he was well revenged of them in the latter end: but the &s;un is the &s;ame though Eclip&s;t, and a Bird is a Bird though her feathers be puld off, onely the Ape is made more ea&s;ie to be catcht when laden with a clogg, and a breach is &s;oone&s;t made where the wall is crackt, and a &s;taffe is more readily found for to beat a dog; 'tis an ea&s;ie matter to abu&s;e any man to his face, that must not be once received for to an&s;wer for him|&s;elfe, he's blinde that cannot &s;ee fire in this &s;traw; and that every coward will run his Launce again&s;t a <HI>Sarazen</HI> of wood: make a man once obnoxious to a State and then whether he &s;peaks or be &s;ilent, 'tis all one, malice will grieve if thou grieve&s;t not at her: 'tis death to a Je&s;ter, not to &s;ee his fooleries take. Envie is a &s;pirit-worm, and had rather bur&s;t than want her will: &s;o that for a man to under to with patience, to &s;mell &s;weet under the pe&s;tell, not to be daunted at di&s;|a&s;ters, but which way &s;oever 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 ad|ver&s;ary, when he can finde no in let nor advantage again&s;t him whom he hateth, &s;o can he not endure to be oppo&s;ed by him, in that he &s;eeketh, &s;trength then collecting and gathering it &s;elf into more exce&s;&s;e; as we &s;ee in winds and rivers when they meet with any thing that cro&s;&s;eth their pa&s;&s;age, they roare and &s;well: millions of Graces too are dazelled by one imperfection; and one hour of an Eclip&s;e cau&s;eth the Sun to be more gazed at, then in a thou&s;and fair dayes: one Vulcer in a &s;ound body is enough to draw all the flyes unto it; yet 'tis not every &s;pot that taketh away the beauty of the face, nor is it every wound that killeth a man; and herein wi&s;e men deale like skilfull Mu&s;itians, which do not break their &s;trings that jar, but by Art do bring them to an accord again, and being rightly &s;et, the Mu&s;icke is as good as ever, though a good man once offending is never free, for he &s;hall be &s;ure &s;till to have it in his di&s;h; then it &s;eemeth neither manners nor charity, alwayes to lay that in mens di&s;hes, which the voyder, a pretty while &s;ince hath clean taken away; a &s;torm will crack in two that Cable which is never &s;o &s;trong, and yet faces about again of tho&s;e that did flye, and in the &s;econd charge will obtain the day; a fault that's pardoned is as though it had never been; the &s;tain taken out of the garment, tis as cleer as at the fir&s;t, mercy hath not a breath to &s;peak evill of another mans unhappine&s;&s;e, will grieve to &s;ee a &s;cratch in a clear skin, do not throw away its wine for the Lees and grounds, nor the gold becau&s;e 'tis cove|red with du&s;t; nor the &s;word for a little ru&s;t, but like the good husbandman, if he finds Brambels and Bryers upon his land, will &s;lock them up, and plough and &s;ow it afterwards never a whit the le&s;&s;e: none &s;o cruell then as he that murthers mercy, with whom all goes for payment but the truth, but mercile&s;&s;e and blood|thir&s;ty men &s;hall not live out half their dayes, and let him take heede that thinks he lives cleere&s;t from de&s;pite, for he may have his &s;tomack pulled down in his dayes; for no arrow is &s;hot but it fals at the highe&s;t, as <HI>Icharus</HI> fell into the wa|ter, but to give his folly a name, for he that ca&s;ts to reach beyond the Moon, oft maks wi&s;e proceedings to be &s;u&s;pected, and though he may be cretp out at a &s;tarting
<PB REF="8">bole, yet may have his fooling found out, tho&s;e that are be&s;t qualified for &s;ervice are the wor&s;t when turbulent; as the wind being moderate doth carry the &s;hip &s;afe, but doth drown it being tempe&s;tuous: a cloud can Eclip&s;e that &s;un which &s;hines the brighte&s;t, therefore let him not prai&s;e a faire day till it be night, nor the building while it be fini&s;hed: he is much mi&s;taken that thinks of a man the wor&s;e for his afflictions, for it is through many tribulations that we mu&s;t enter into heaven,<NOTE PLACE="marg">E&s;ay 35.4.</NOTE> yet it hath ever been the condition of the be&s;t men to be thus cen&s;ured, they judged the &s;ame even of Chri&s;t him&s;elf, and of <HI>Saint Paul,</HI> &s;aying, <HI>Doubt|le&s;&s;e this man is a murtherer, whom though he hath e&s;caped the Sea, yet vengeance &s;uffereth not to live:</HI><NOTE PLACE="marg">Acts 28.4.</NOTE> and the little Boy &s;eeing his Mother pull the Ro&s;es and Violets to peeces, and putting them in a morter, and pounding them with a pe&s;tle, cryed out, His mother would &s;poyle all the flowers, when &s;he thereby intended to make them more u&s;efull; by cro&s;&s;es we are conformed to the Image of Chri&s;t: &s;tars which appear not by day &s;hine in the night; the more bitter the potion is, the more medicinable, and the &s;harper the file is, the le&s;&s;e ru&s;t it will leave behinde:<NOTE PLACE="marg">Jam. 148 2.</NOTE> the &s;wete&s;t Ro&s;e grows from a prickly &s;tem: linnen that's hardest beaten on the block,<NOTE PLACE="marg">Rom. 8.10.</NOTE> and wa&s;ht and wrung mo&s;t, lookes the whiter; white hath no grace without black; the Musk &s;mells &s;wete&s;t when harde&s;t rub'd: Corn mu&s;t be ground and bakt before it be eaten, &s;ire burns the hotte&s;t in frostie weather, Vines if they be not prun'd and cut will wax wild: &s;traights and goodne&s;&s;e &s;huts in doores together: a Plant &s;ea&s;onably cut flouri&s;heth the better: the &s;wete&s;t Grape is harde&s;t pre&s;t out, why &s;hould we then fear the Lyon, when we &s;hall be &s;ure to finde honey in the Carka&s;&s;e? but a &s;tratagem it is to charge the truth, and the profe&s;&s;ors of it with fal&s;e accu&s;ations, thereby to render them odious, either to Princes or people; thus have I been dealt withall, and yet not di&s;comforted; for the Go&s;pell of Chri&s;t hath been called Here&s;ie, and King <HI>Artaxerxes</HI> is told, If the Jews re-build the wall,<NOTE PLACE="marg">Ezra 4.</NOTE> they will pay no tole nor tribute: &s;o the Primitive Chri&s;tians had &s;trange and horrid crimes and accu&s;ations laid unto their charges; as the <HI>Arrians</HI> charged <HI>Athana&s;ius</HI> with Adultery, Murther, and Witch-craft, the Jews of <HI>Per&s;ia</HI> in the time of <HI>Sopores,</HI><NOTE PLACE="marg"><HI>Willets</HI> Pillers of Papi|&s;try.</NOTE> accu&s;ed <HI>Simeon</HI> Bi&s;hop of <HI>Selu&s;ia,</HI> as a friend of the Roman Emperours, that gave Intelligence to them of the <HI>Per|&s;ian</HI> affaires, which was not onely an occa&s;ion of his death, but of a generall per|&s;ecution again&s;t the whole Church; thus deal the <HI>Je&s;uits</HI> with the Protestants at this day, and thus the adver&s;aries of the power of godline&s;&s;e charge it with He|re&s;ie, Faction, Rebellion, and all that can wake it odious either to King or people; but a white cloath is capable of any dye, 'tis the faire&s;t &s;ilk, that is thus the &s;oone&s;t &s;oyled; the Pe&s;tilence fir&s;t taints the pure&s;t breath; tho&s;e that are mo&s;t maligned are not the wor&s;t, for a man is pittied for his follies, envied for his vertues; men being mo&s;t apt to hate that goodne&s;&s;E they can onely admire; and upon this ground the <HI>Ephe&s;ians</HI> expelled <HI>Hermodorus,</HI> and the <HI>Athenians, Ari&s;tides,</HI> becau&s;e they were too ju&s;t for the re&s;t of the people; mens minds, out of I know not what malignity, being apt too for to &s;u&s;pect, that that will not be u&s;ed unto good, which might be abu&s;ed unto evill, for this is all the evill of malevolent per&s;ons, to make others to appear wor&s;e than they are, that them&s;elves, though they be the wor&s;t of men, may not appear &s;o; having Satyricall wits, which make u&s;e of other mens names as of whet&s;tones to &s;harpen them&s;elves upon, &s;o that he which maliciou&s;ly pur&s;ues his brother, doth but &s;nuffe the candle to be&s;much his own fingers, and yet &s;o makes the light to burn more cleer, the fire never flaming more, than when the wind &s;eeks to blow it out, and mo&s;t commonly you &s;hall finde him herein the mo&s;t forward to condemn another, that is equally culpable, if not more then him whom
<PB REF="8">he thus accu&s;eth, who never looks to pull out the beam in his own eye; but things that bear the &s;ame impre&s;sion &s;hould be bound together in the &s;ame bundle, for the theefe that e&s;capes, de&s;erves to be hang'd as well as he that is tane, and &s;uffers for his fact, nor is he alwayes the greate&s;t theef that comes fir&s;t to the Goale, and yet this Varlet having &s;tript a man of all, would be thought mercifull for not mur|thering a man out-right: but I have oftentimes &s;een this Bee drowned in her own honey, the man entangled in his own talk, tript in his own play, and 'tis but ju&s;t that <HI>Perillus</HI> bull fir&s;t torments him&s;elf, that he falls into the &s;ame pit he had digg'd for another; like bea&s;ts they hear mu&s;ick as a &s;ound, not as a harmony,<NOTE PLACE="marg">P&s;al. 5.15.</NOTE> regards not goodne&s;&s;e in another, but 'tis the cour&s;e of this world, that if a man be once faln a little into di&s;grace, every ba&s;e fellow then takes him for a &s;ubject of their contempt and &s;corn, dealing with &s;uch herein as with a no&s;egay which we keep in our hands &s;o long as it is fre&s;h and &s;weet, and ca&s;t it away when 'tis become a little withered: all will go with our Saviour into Mount <HI>Calvery,</HI> but will then for&s;ake him when he goeth unto <HI>Golgotha:</HI> Poverty parts good fellow&s;hip, and leaves a man for&s;aken as a naked tree &s;tanding in a wilde plain beaten too and fro with every bla&s;t of wind, but no cre&s;&s;e hath ever di&s;graced a wi&s;e man for all that, extremities do but exerci&s;e our tru&s;t, and when the body is di&s;tempred, 'tis the be&s;t cure to take away &s;ome blood the chaffe comes not from the corn, if the eare be not beaten with the flayle; Incen&s;e then perfumes, when 'tis ca&s;t into the fire: men commonly learn Gods loveby his wrath: <HI>Achimedes</HI> had never been &s;o famous, if the City where he dwelt had not been &s;o long, &s;o violently be&s;ieged, and a long time pre&s;erved onely by his means: there is no craft like to that, to be an hone&s;t man; of the pure&s;t &s;eeds &s;prings the faire&s;t plants, who&s;e wayes though they be frozen dry, &s;o that no butter will &s;tick upon his bread, yet this Lilly will grow up amongst thornes, this fi&s;h will be in the &s;alt Sea, and yet be fre&s;h, this <HI>Lot</HI> will live in <HI>Sodome</HI> free from their &s;ins, and though this man be bowed almo&s;t together, that his head and heeles be made to meete, yet he will not break, but like unto a twig he will come right again: water will not commix with oyle, piety, with Hypocri&s;ie; this Bee will never gather honey where the Cockatrice hath bla&s;ted; nor will any moth or worm breed in this Cedar, and who can di&s;clo&s;e his pace &s;o well as he that followeth him at the heels? know tho&s;e that love truth as he that practi&s;eth it, and when his adver&s;aries playes with it as with a game at Che&s;&s;e, a pawn before a King, &s;ets their worldly ends before this precious Jewell; there a &s;tander by oftentimes &s;ees more of it, then he that playes the game; a &s;hip|wrack in the haven, we &s;ay, is grievous, to be deceived where we tru&s;t, is mo&s;t ab|hominable, although a wi&s;e man commonly is onely over-reacht in &s;uch ca&s;es, by his too much credulity, thinking every man to be hone&s;t as him&s;elf by whom he knows nothing to the contrary, but ill-favoured complexions the more they are painted, the wor&s;er will appeare, for fro&s;t and fraud will ever have foul ends, and this man not practi&s;ing what he profe&s;&s;eth, &s;hall at la&s;t be &s;ure to have his own dung cast in his face; but as he that hath once &s;wallowed a hedge-hog, needs not to care afterwards what he eates, &s;o he that is hardened and prepared for mi&s;chief with a brazen face, can look upon contradiction and never blu&s;h; Popularity, the mother of this corruption, being like that venome which makes men laugh to death, they do advi&s;e and coun&s;ell be&s;t, that know mo&s;t: then try all things, &s;aith <HI>Saint Paul,</HI> finde out the truth, and accordingly determine for that which is good, and again&s;t that which is evill; and give the Ox hay, and Pearls to tho&s;e that e&s;teem them, and be not peremptory to condemn any man but upon cleer grounds of pregnant Te&s;timonies, for this the Lord teacheth &s;hould be &s;o by his
<PB REF="9">own example he would not proceed again&s;t the <HI>Sodomites</HI> upon the cry that came up,<NOTE PLACE="marg">P&s;al. 105.18, 19.</NOTE> but he would fir&s;t go down and &s;ee, for this is to judge righteous judge|ment, and not according to appearance, then hurt his feet no longer in the &s;tocks, now that once his cau&s;e is known, and the man found out to be innocent, I mu&s;t confe&s;&s;e it is hard to di&s;tingui&s;h between the precious and the vile, &s;uch as are eminenly good,<NOTE PLACE="marg">1 Tim. 5.24.</NOTE> and notoriou&s;ly bad; tis hard to di&s;cern them, for &s;ome per&s;ons like the Moon in the change,<NOTE PLACE="marg">Jer. 15.19.</NOTE> &s;eemes to have le&s;&s;e light and worth in them then indeed they have, little in the eye of the world, much in the eye of heaven; o|thers I acknowledge &s;eem better than they are, like blazing &s;tars that make a great &s;hew and look as gloriou&s;ly as any the &s;tars in heaven, and yet are no &s;tars but &s;ticking Meteors; Therefore, &s;aith one well, that in judging things, we ought to judge <HI>Secundum quid &s;unt,</HI> but in judging of per&s;ons and actions it it is not alwayes &s;o, <HI>in re comperta,</HI> in a ca&s;e that is evident its equally an abo|mination to the Lord, to ju&s;tify the wicked per&s;on or action, as to condemn the ju&s;t,<NOTE PLACE="marg">Prov. 17.15.</NOTE> but in <HI>re dubia,</HI> its otherwi&s;e, for there the rule holds <HI>dubia in meliorem partem &s;unt interpretanda,</HI><NOTE PLACE="marg">1 Cor. 13.7.</NOTE> Charity to the per&s;on &s;hould &s;way the judgement, though not ab&s;olutely for to determine, yet to think him good, whom we do not know to be bad, but it hath been &s;till my unhappine&s;&s;e in what&s;oever, to have an ill &s;ence put upon my good meanings, and a fal&s;e interpretation upon what&s;oever I have well intended, but men mu&s;t permit what they cannot remedy; <HI>Jo&s;ephus</HI> relates of the <HI>Jews,</HI> that they were very carefull how they received Pro&s;elytes in <HI>Solomons time,</HI> becau&s;e the &s;tate of the <HI>Jews</HI> then flouri&s;hed, they thought every one upon ba&s;e ends might come in and pretend then, that he would joyne with the God of the <HI>Jews,</HI> but good men have one and the &s;ame will, and as the eyes, one turnes not without the other, and I could wi&s;h, that in the&s;e times, all men were &s;o ju&s;t unto the cau&s;e, and to them&s;elves as to re&s;pect and look upon tho&s;e that have continued faithfull from the beginning, and have never from the fir&s;t varied from tho&s;e right principles, to which there is no exception unto this day:<NOTE PLACE="marg">Neh. 2.10.</NOTE> but I &s;ee very many now adayes are of <HI>Sanballat</HI> and <HI>Tobiahs</HI> minde,<NOTE PLACE="marg">P&s;al. 59.6, 14.</NOTE> grieved exceedingly when but a man appeared that came to &s;eek the welfare of the children of <HI>I&s;rael,</HI> and if an man be di&s;countenanced by a Patriot and great <HI>Magnifico</HI> of the times, as a Deer that is once &s;hot; all the re&s;t of the heard do &s;trive to pu&s;h that man out of their company, and if he be but once branded with a crime (though &s;alfe) when the wound is cured, his credit &s;hall be killed with the &s;car, and as great pain lyes in the rubbing of an old wound, as in making of a new, nay, he that but rubs the &s;car, ca&s;ts fuell on the fire to quench it,<NOTE PLACE="marg">P&s;al. 56.5, 6.</NOTE> the very handling of it more inflames it, and makes it &s;pread the more, there being certain willing mi&s;takes among&s;t tho&s;e &s;ons of men, that hunt after the ruine of a man,<NOTE PLACE="marg">P&s;al. 38.16, 19.</NOTE> in his goods or good name; that all birds of the &s;ame feather will hold together, <HI>Keepe them&s;elve s co&s;e and marke my &s;teps (&s;aith</HI> Da|vid) <HI>when they Iay waite for my &s;oul;</HI> Nay, they willingly tru&s;t him which is known to be a common lyar, rather then they will want matter to work mi&s;|chiefe again&s;t him they hate, howbeit rumors we know, though they be cau&s;es of cautelous Jelou&s;ies are no &s;ufficient grounds to undo a man upon, being without witne&s;&s;e, without Judgement, malicious and deceiveable, but men deal herein with tho&s;e they love not, as the Romi&s;h Writers, who will be &s;ure to defame them that differ from them in opinion, &s;peaking great &s;welling words, having their per&s;ons onely in admiration,<NOTE PLACE="marg">Jude 16.1 Sam. 16.7.</NOTE> where they can finde or look for advantage, but &s;ince we cannot &s;ee as God doth,<NOTE PLACE="marg">Jer. 17.10.</NOTE> who looks directly on the heart and &s;o Judgeth, we mu&s;t finde out a man by his words and actions, as the Naturali&s;ts judge of
<PB REF="9">the forme of a thing by its qualities and operations: we of the habit of the heart by its naturall inclinations, as of a tree by its fruits,<NOTE PLACE="marg">Mich. 7.20.</NOTE> not taking up things upon tru&s;t, but by examination, before we determine of them, for if a man &s;hould judge of the Moon and Starrs by the lu&s;tre and &s;plendour that the &s;un hath ca&s;t upon them, we mu&s;t deem them to be far more glorious creatures then they are indeed; and &s;o &s;ome &s;uch turbulent tribunes there are in every State, who out of their glo|rious vaing glorious humour of popularity would be accompted Angells though it be but for &s;tirring and troubling of the waters; but <HI>Mirons</HI> Cow that was coun|terfeit, onely deluded other heards of Cattle, pretexts may colour vice, and di&s;|gui&s;e it, but the painted grapes deceive the birds, for this Nightingale being pulled out of her feathers, you will perceive her to be &s;ound and nothing el&s;e, 'tis not the habit that makes the Monke, nor are they mo&s;t guilty that are mo&s;t blam'd, and &s;uch is we &s;ee the over-ruling Providence of the mo&s;t wi&s;e and migh|ty God, that every di&s;cent into a lower condition,<NOTE PLACE="marg">Deut. 4.20.</NOTE> is oftentimes the means to rai&s;e him higher, whom God will exalt;j<NOTE PLACE="marg">Gen. 15.17.</NOTE> as it was made unto <HI>Jo&s;eph</HI> a staire to a&s;cend unto that honour which his dreames had promi&s;ed,<NOTE PLACE="marg">Gen. 37.5, 6, 7, 8, 9.</NOTE> Gods glory being mo&s;t advanced, when his people are at the lowest; the blinde man being &s;o born,<NOTE PLACE="marg">P&s;a. 105. 17, 18.</NOTE> that the work of God might be manife&s;ted in him, and it was the greater miracle that <HI>Lazarus</HI> had layen four dayes dead, before our Saviour re&s;tored him unto life again: when the Patriarks bad &s;old <HI>Jo&s;eph</HI> into <HI>Egypt,</HI><NOTE PLACE="marg">JO. 9.3. &amp; 11.39.</NOTE> them&s;elves were after in bondage there four hundred years, and every day in a wor&s;e condition than other, for before they were Subjects, after they became &s;laves, and after that e&s;teemed to be &s;uch as it was not thought &s;it for them to live;<NOTE PLACE="marg">Exod. 1.16.</NOTE> and therefore care is taken to murther them in their birth, and when <HI>Mo&s;es</HI> came to deliver them, where before they were but dying men, now they &s;tink in the no&s;trills of their ad|ver&s;aries, and when they were delivered yet wor&s;e, for where before they were &s;cattered in the Land, and &s;ome of them might hope for to e&s;cape,<NOTE PLACE="marg">Exod. 5.21.</NOTE> now all are gathered together, and thought &s;it to have the neck of all cut off at once, as <HI>Nero</HI> de&s;ired concerning the people of <HI>Rome,</HI> then the Sea before them,<NOTE PLACE="marg">Exo. 14.</NOTE> and the mountaines on each &s;ide, and the <HI>Egyptians</HI> pur&s;uing, and thus before God de|livered the <HI>I&s;raelites</HI> from the <HI>Phili&s;times,</HI> They were come to that lowne&s;&s;e,<NOTE PLACE="marg">1 Sam. 13 19, 22.</NOTE> that they had neither &s;words nor &s;pears, nor a Smith to make them any,<NOTE PLACE="marg">1 Sam. 17.8.</NOTE> and at another time God doth not deliver them untill one <HI>Goliath</HI> had made all the Hoa&s;t of <HI>I&s;rael</HI> run like &s;heepe, and the famine in the time of <HI>Joram</HI> was not removed, <HI>untill the fourth part of a Cabb of Doves dung was &s;old for five &s;hekles of &s;ilver,</HI> yea, till the women eare their own children,<NOTE PLACE="marg">2 kings 25.29.</NOTE> and the people of God were not delivered from the enemie in the time of <HI>Jeho|&s;aphat,</HI> till he was driven unto &s;uch a &s;trait as <HI>that he knew not what to do;</HI><NOTE PLACE="marg">2 Kings 18.3.</NOTE> <HI>Hezekiah</HI> is not delivered from the <HI>A&s;&s;yrians,</HI> untill <HI>the fenced Cities of Judah are taken;</HI> and Chri&s;t came not to deliver us untill the Scepter utterly departed from <HI>Judah,</HI> and that the Nation were made &s;laves unto the <HI>Romans:</HI> and yet when <HI>Jacob</HI> is thus to&s;&s;ed to and fro, <HI>E&s;au</HI> is &s;till at re&s;t in Mount <HI>Seir</HI> encrea&s;ing in riches and power; when <HI>Saul</HI> is on the Throne, <HI>David</HI> is hunted in the mountaines as a Partridge; when <HI>Mordecai</HI> is &s;itting at the gate, <HI>Haman</HI> is in favour at the Court; and when the Courtiers be at the banquet of wine, <HI>Shu|&s;an</HI> is perplexed: mi&s;-con&s;tructions of &s;uch mens wayes, not being the lea&s;t part of their &s;ufferings, which not onely the innocent but the mo&s;t de&s;erving mu&s;t re|&s;olve to bear, till truth which is the daughter of time, make them vani&s;h, for though <HI>Judah</HI> play the harlot, <HI>I&s;rael</HI> mu&s;t not &s;in, but mu&s;T &s;trive, if po&s;sible, with <HI>Stephen</HI> to &s;ee a Je&s;us in the heavens, when the &s;tones flye thicke&s;t about
<PB REF="10">his eares, mu&s;t re&s;olve to bear off his &s;ufferings with head and &s;houlders; for ma|ny &s;hall follow the&s;e pernicious wayes,<NOTE PLACE="marg">2 Pet. 2.12.</NOTE> <HI>by rea&s;on of whom the way of truth &s;hall be evill &s;poken of,</HI> though it be of &s;uch things as they under&s;tand not, wherein they mu&s;t prevaile, till the time come that they utterly peri&s;h, in their own corruptions,<NOTE PLACE="marg">P&s;a. 30.5.</NOTE> and receive the reward of their unrighteou&s;ne&s;&s;e, <HI>But how&s;o|ever heavine&s;&s;e may endure for a night, yet joy commeth in the mor|ning,</HI> that albeit a man thus becomes as a Men&s;ter unto many;<NOTE PLACE="marg">P&s;al. 71.5, 9.</NOTE> <HI>Yet if he puts his &s;ure tru&s;t in the Lord, he &s;hall be like Mount Zion, that &s;hall never be removed;</HI> for truth hath alwayes a good face, though neere &s;o bad cloathes; will not be a&s;hamed, when irreligious policies will never &s;Tand; ill doings be|ing &s;till guarded with bad &s;ucce&s;&s;es: and when the&s;e men like Ducks will dive un|der water at every &s;tone thats thrown at them; truth, like a River thats still run|ning, will clean&s;e it &s;elfe, and leave its filth &s;till under his feet; thus a good e&s;teem maintaines credit, and me thinks to a wi&s;e man, he &s;hould not care who were the me&s;&s;enger of this truth, nor what he were that were intru&s;ted, that were known to be faithfull in the things committed to his care and charge: a Pal&s;ie hand ta|keth nothing from the Jewell thats in it: a &s;eal of gold, and a &s;eal of bra&s;&s;e, being cut alike, make the &s;ame Impre&s;sion. I but he hath been tainted, &s;aith the adver&s;ary, in the worlds opinion, and therefore to be laid a&s;ide. But &s;uch as under|&s;tand will know before they take &s;u&s;pition, our lives are mixt with &s;weet and &s;owre; no picture is all made of brighte&s;t colours; no harmoney doth con&s;i&s;t all of trebels, the ba&s;e in perfect mu&s;icke mu&s;t be one; I may u&s;e that a bad man hath, or el&s;e a good thing once abu&s;ed I cannot u&s;e: a man may &s;lip, and cannot do with|all; by chance may &s;lip and fall into the mud, and yet not delight for to be there: a broken bone, well &s;et, is &s;tronge&s;t in that part, and the &s;ooner &s;et, the &s;ooner at ea&s;e: and thus ill luck is good for &s;omething; that Cart which is driven the be&s;t, may overthrow, and yet be &s;et right again, and after carry his loade never a whit the wor&s;e: after an ill crop the Land mu&s;t be u&s;ed: one Banckrupt makes not the Change empty; and after &s;hipwracke a man mu&s;t &s;aile againe; a Song is not judg|ed by one note, nor can you know what the Comedy is by one Sceane, nor the Orati|on by one &s;entence: 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 crost, thinks there was no other heaven but here, however the Gloworm &s;hineth brighte&s;t in the dark; the Damaske Ro&s;e is &s;weeter in the Still than in the &s;talk, and a good face may be &s;een in a gla&s;&s;e of Jet: good men are gai|ners by afflictions, but it is the fa&s;hion of the world &s;till to go along with the ri|&s;ing &s;un, and to &s;hift &s;ayles as the wind &s;tands, and when &s;he &s;ees her ma&s;ter ready to mount, then for to commend him above the skies; 'tis a right Dequey which hath for every Bird a baite, and will have his Oare in every boat, his part in every Pageant: the&s;e Painters then expre&s;&s;e their skill the be&s;t, when they deceive the eyes with be&s;t &s;hadowes, like rotten plums upon a tree, they are mo&s;t beautifull of the re&s;t to look upon, but do but &s;hake this tree a little, and they fall pre&s;ently: like empty barrels the&s;e ever make the greate&s;t &s;ound, and like a whelp will bark loud and run away; and yet this dro&s;&s;e carrieth a &s;hew of &s;ilver, but the&s;e &s;haddows &s;tick no where, as empty egge-&s;hels they evermore &s;wim aloft, when tho&s;e that are full of meate &s;ink to the bottome: and yet for all this, this mans joy, is but as laughter in his &s;leep, and the chirping of Birds in a &s;un-&s;hine day; yet when the&s;e frogs croak thus far beyond their wont, beware of a tempe&s;t; but thus then, a man may know a Kyte by the very feathers that he weares, <HI>Bu</HI> (&s;aith Haman) <HI>he will not bow the knee,</HI> therefore he mu&s;t be de&s;troyed: a Fox I mu&s;t confe&s;&s;e
<PB REF="10">will flie at the braying of an A&s;&s;e, becau&s;e he knoweth it not to be an A&s;&s;es voyce, but the Lyon will not do &s;o, becau&s;e he knows it: a fool is not to be feared for his noy&s;e, and he that pi&s;&s;eth clear needs not care a fig for the Phy&s;ition: vertue is im|pregnable in the greate&s;t di&s;tre&s;&s;e; a pure fi&s;h will &s;wim in muddy &s;treams:<NOTE PLACE="marg">Deut. 8.5.</NOTE> be not mi&s;taken then, <HI>For God correcteth every Son whom he receiveth,</HI><NOTE PLACE="marg">Heb. 12.6, 7.</NOTE> and u&s;eth not his rod where his &s;word &s;hall come; the Pillory and &s;courge are made for &s;uch Delinquents as &s;hall e&s;cape execution. O but he &s;till out-runs the Con&s;ta|ble,<NOTE PLACE="marg">P&s;al. 94.12.</NOTE> and cannot be layd hold on by any meanes. Who is it but will &s;ave his head with both his hands? for his wi&s;dome is nothing worth, that is not wi&s;e for him&s;elf,<NOTE PLACE="marg">Prov. 13.14.</NOTE> Therefore <HI>The&s;eus</HI> would not go into the Labyrinth without a thread: to be &s;afe, is to keepe us to that Dyet we are pre&s;cribed; to flee that evill of which we are fore|warned; 'tis not enough to be hone&s;t, but to prevent danger that it doth no harm: and he were very &s;illy, that would not beware that mi&s;chiefe were in his eye; you cannot blame the burnt child to dread the fire, nor to condemn him to take heed of falling that &s;tands upon the pits brink, that knows there is a Lyon in the way, were mad to adventure; the be&s;t things plea&s;e not all men; the <HI>Scythian</HI> was angry at the hearing of mu&s;icke, as the envious man is at him he hateth, becau&s;e he li|veth &s;o that his malice cannot reach him: but Nature teacheth every thing to &s;eek the pre&s;ervation of it &s;elf, and for that purpo&s;e hath armed the very Bruite Creatures among&s;t the re&s;t, as the Bull is furni&s;hed with hornes, to oppo&s;e the a&s;|&s;ault of a Ma&s;tiffe Dog, the Boare with tuskes, the Roe-Buck, the Hart, and Hare, with &s;wiftne&s;&s;e of feet, to flye away from their pur&s;uers, and with eyes in their heads to looke backwards towards them which hunt for their precious lives, for to avoyd them; the Fox with craftine&s;&s;e and &s;ubtilty for his e&s;cape, being en|countred with approaching enemies; and to them, and to all Animalls of that kinde be&s;ides, is given &s;en&s;e and motion to apprehend, and one way or other meanes for to free them&s;elves from ruine; and &s;hall not man make u&s;e of his Rea&s;on and more NObler parts, to quit him from the hand of the de&s;troyer? The Patriarks, the Prophets, the Apo&s;tles, nay, Chri&s;t him&s;elf gave it to us in example, and &s;hall we in this latter times be more nice than they, and think it an unlawfull thing to u&s;e lawfull means, to be freed from the oppre&s;sion and per&s;ecution of an adver&s;ary?<NOTE PLACE="marg">Gen. 20.</NOTE> <HI>Abraham thinking that the fear of God was not in the Court of</HI> Abimi|lech <HI>King of</HI> Gerar, <HI>and that therefore he &s;hould be &s;lain for his wives &s;ake, dur&s;t not to own</HI> Sarah <HI>for his wife, but &s;aid, She is my Si&s;ter;</HI> which was afterwards <HI>I&s;aac's</HI> very ca&s;e concerning <HI>Rebecca,</HI> being with <HI>Abi|milech</HI> in <HI>Gerar</HI> al&s;o; <HI>And</HI> E&s;au <HI>hating</HI> Jacob <HI>his brother,</HI><NOTE PLACE="marg">Gen. 20.</NOTE> <HI>becau&s;e of the ble&s;&s;ing wherewith his Father ble&s;&s;ed him, and therefore having re&s;ol|ved to &s;lay him,</HI> Did not he therefore <HI>Flye unto</HI> Laban <HI>his Vncle, from the face of his enraged brother, untill his fury &s;hould be turned away?</HI><NOTE PLACE="marg">Gen. 27.41, 42, 43</NOTE> And did not <HI>Rachel</HI> put her <HI>Fathers Images in the Camels furniture, and &s;ate upon them, that</HI> Laban <HI>could not finde them after all his &s;earch into</HI> Jacobs <HI>&s;tuffe?</HI> Which was to prevent the danger of that hot pru&s;uite,<NOTE PLACE="marg">Gen. 31.34, 35.</NOTE> which <HI>Laban</HI> made after him for tho&s;e fooleries: the <HI>Hebrew</HI> Midwives too,<NOTE PLACE="marg">Exod. 1.17, 18, 19</NOTE> did not as the King of <HI>Egypt</HI> commanded them, <HI>But &s;aved the men children of</HI> I&s;rael <HI>alive,</HI> contrary to his commandment, excu&s;ing the matter with a pretence onely, and yet it was not imputed to them for &s;o great a tran&s;gre&s;sion:<NOTE PLACE="marg">1 Sam. 18 11, 12, 13</NOTE> When <HI>Saul</HI> ca&s;t his Javelin at <HI>David</HI> to &s;mite him to the wall, he avoyded twice out of his pre&s;ence, and becau&s;e he was afraid of him, he departed from him, and therefore it is &s;aid, <HI>That he behaved him&s;elf wi&s;ely in doing it;</HI> and as he did afterwards when he was let downe at a window, that he fled and e&s;caped from
<PB REF="11">his enemy, when he had &s;ent me&s;&s;engers unto his hou&s;e to &s;lay him, nor do I finde <HI>Michael</HI> his wife di&s;commended for her Stratagem u&s;ed at that time, the bet|ter to pre&s;erve her husband from de&s;truction;<NOTE PLACE="marg">1 Sam. 19 10, 11, 12, 13, &amp;c. 1 Sam. 20.1, 24.</NOTE> that flight of his al&s;o front <HI>Natioth</HI> in <HI>Ramah</HI> to <HI>Nob</HI> at another time upon <HI>Jonathans</HI> di&s;covery of his Fathers intended mi&s;chiefe towards him; his abiding in the wilderne&s;&s;e of <HI>Ziph</HI> in a wood, in the hill of <HI>Hachilah,</HI> for to &s;ave him&s;elf, nor was it ac|counted unlawfull that he &s;ent out Spies,<NOTE PLACE="marg">1 Sam. 23.14, 19. 1 Sam. 26.4.</NOTE> to di&s;cover <HI>Sauls</HI> approach, and that therupon he fled to <HI>Gath</HI> to &s;ecure him&s;elf again&s;t his fury; nor do I finde it &s;poken again&s;t, that he changed his behaviour and fained him&s;elf mad before <HI>Achi&s;h</HI> a King of the <HI>Phili&s;tims,</HI> thereby to procure &s;afety to him&s;elf in that time of his danger and extreamity,<NOTE PLACE="marg">1 Sam. 21 13.</NOTE> that child of the Prophets that annointed <HI>Jehus</HI> King over <HI>I&s;rael,</HI> was con&s;trained pre&s;ently to open the doore and flee and tarry not,<NOTE PLACE="marg">2 Kings 9.3.</NOTE> and when evill and great di&s;truction did appear unto <HI>Benjamin</HI> out of the North, the Prophet <HI>Jeremy</HI> had them to flee out of the mid&s;t of <HI>Jeru&s;a|lem,</HI><NOTE PLACE="marg">Jer. 6. 1.</NOTE> as the Lord by the &s;ame Prophet commanded the Inhabitants of <HI>Hazor</HI> to do the like,<NOTE PLACE="marg">Jer. 49.30.</NOTE> when <HI>Nebuchadnezzer</HI> King of Babylon had taken Councell, and conceived a purpo&s;e again&s;t them; thus <HI>Jo&s;eph</HI> fled with our Saviour into <HI>Egypt,</HI><NOTE PLACE="marg">Mar. 2.13</NOTE> from the intended de&s;truction that <HI>Herod</HI> had again&s;t him; and when tho&s;e in the Synagogue of the <HI>Galileans</HI> were filled with wrath, and would have ca&s;t him down headlong from the brow of the hill, whereon their City was built,<NOTE PLACE="marg">Lake 4.28, 29, 30.2 Cor. 11.32, 33. Acts 9.23, 24, 25.</NOTE> <HI>he pa&s;&s;ed through the mid&s;t of them and went his way;</HI> and &s;o when the Jews had taken Councel to kill <HI>Saint Paul,</HI> when their laying in waite was known, and that they watched the gates day and night to kill him, <HI>the Di&s;ciples took him by night, and let him down the wall in a Basket:</HI> Now all the&s;e did outrun the Con&s;talile, and yet what offence, I pray you, was in then, for &s;aving them&s;elves alive from the fury of the de&s;troyer: but you &s;et a detractor hath the Devill in his tongue, and he that applauds it hath his teeth and tongue in his eares; he derides what he under&s;tands not, and wrangles with the thing he hath not learned; becau&s;e the Iron is too hot for his fingers, thus all is not Malt that is ca&s;t an the Mill, and he that throws du&s;t at the &s;un, it lighteth but in his owne eyes: O but &s;aies he again, there cannot be all this &s;moak, but there is &s;ome fire; there would not be a &s;haddow, if there were no Sun; a man thus evill &s;poken of cannot be Innocent, but by your leave, an benefit man, that will deal &s;quare and aboveboard &s;hall be contemned of the world;<NOTE PLACE="marg">Joh. 2<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">.13, 19, 20.</NOTE> <HI>Remember the word that I &s;aid unto you, The &s;ervant is not greater then his Lord, if they per&s;ecute me, they will al&s;o per&s;ecute you:</HI> and yet a precious &s;tone, that is ca&s;t into the mire, doth not lo&s;e his beauty: In|nocence cannot protect the ju&s;t, and he that is down the wind &s;hall be &s;ure take evill &s;poken of; for when fortune failes, de&s;ert oft bleeds with &s;hame, and no good man but &s;hall finde this mea&s;ure of our Saviour Chri&s;t him&s;elf;<NOTE PLACE="marg">Joh. 7.12</NOTE> <HI>Some &s;aid he was a good man, others &s;ayd nay, but he deceiveth the people;</HI> But all things are not true that we heare, and therefore wi&s;e men beleeve nothing but what they &s;ee: but malicious men de the quite contrary, it is a &s;u&s;pitions, apprehen&s;ive, and interpreting fancy, ready to pick out injury, where is cannot be ju&s;tly found, that its anger may be imployed to frame occa&s;ions to it &s;elfe; and therefore 'tis a wi&s;e advice of <HI>Seneca, Non vis e&s;&s;e iracundus: ne &s;is moro&s;us,</HI> he that is too wi&s;e in his judgement on other mens errours, will be ca|&s;ily too folli&s;h in the nouri&s;hing of his own pa&s;sion, and its commenly &s;eene in matters of can&s;ure and &s;u&s;pition, the more &s;ight and rea&s;on goes out, the le&s;&s;e u&s;eth to abide within, and as men which &s;ee through a coloured gla&s;&s;e, which
<PB REF="11">have all objects how different &s;oever repre&s;ented to the &s;ame Colour, &s;o they exa|mining all conclu&s;ions by principles fore&s;talled for that purpo&s;e, thinketh every thing of what nature &s;oever, to be dyed in the colour of their own conceits; and to carry &s;ome proportion unto tho&s;e principles, like <HI>Antipheron, Orites,</HI> and others in <HI>Ari&s;totle,</HI> who did confidently affirme every thing for reall, which their ima|gination framed to it &s;elf, and yet when malice hath thus &s;ought to put out the Candle, by &s;nuffing it, many times it hath made it &s;hine the brighter: as in the &s;ale of <HI>Jo&s;eph,</HI> by his brethren, <HI>It was not &s;o much you that &s;old me,</HI><NOTE PLACE="marg">Gen. 45.8.</NOTE> (&s;ayes he) <HI>as God that &s;ent me, that I might &s;ave much people alive, as it is this day;</HI> and therefore, as one &s;aith well, God permitted this &s;ale, he withdrew his grace from the &s;ellers, he re&s;trained the &s;in from an intended mur|ther, to a bare &s;ale; this treachery of his brethren he did not infu&s;e, but u&s;e, he u&s;ed it not as a fale, but as a conveyance; in them 'twas a &s;elling, in him a &s;en|ding, ayming at their reliefe, an end out-ballancing in good, the evill of the &s;ale, the &s;aving of much people: thus looke but on the corner of a peece of Arras, and it carries no proportion untill you unfold the whole peece, and until then you &s;ee but one half of <HI>Ezekiels</HI> Vi&s;ion, you &s;ee but the wheeles, not the eyes in the wheels:<NOTE PLACE="marg">Ezeck. 10.12.</NOTE> thus God oftentimes doth twi&s;t many rags into ropes, to lift his <HI>Jeremies</HI> out of the dungeon; my particular ob&s;erved will make out the parallell, and to &s;ay with the Prophet <HI>David, I will prai&s;e God becau&s;e of his Word,</HI><NOTE PLACE="marg">Jer. 38.11, 12. P&s;al. 36, 4. P&s;al. 37.3, 4, 5, 6, 7. P&s;al. 113 6, 7. P&s;al. 107.</NOTE> <HI>I have put my tru&s;t in God, and will not fear what fle&s;h can do unto me; or he will bring forth the righeou&s;ne&s;&s;e of &s;uch as the light, and their judgement as the noon day, for he taketh the &s;imple out of the du&s;t, and lifteh the poore out of the mire, &amp;c.</HI> Afflictions thus make mercies to be the more e|&s;teemed, liberty is &s;weet unto, and de&s;ireable of all, but mo&s;t of all, of tho&s;e that have known the hard&s;hip of a long impri&s;onment, as the danger and violence of a &s;torme, make a &s;afe harbour the more welcome: thus the woman cured of her i&s;&s;ue of blood, after &s;he had &s;uffered many things of many Phy&s;itians,<NOTE PLACE="marg">Marke 5. 25, 26, 27. Joh. 5.2, 3, 4, 5, 6, 7.</NOTE> and had &s;pent all that &s;he had, and was nothing bettered but rather grown wor&s;e; and he that after thirty eight years lying by the Poole of <HI>Bethe&s;da,</HI> was put into the wa|ters and cured of his infirmity; prized their healths the more, as they had the longer layen upon their beds of langui&s;hing: if the plai&s;ter &s;hould be too &s;oon taken off, the &s;ore would fe&s;ter &s;o much the more; and whiles deliverance is de|layed, patience hath its perfect work; it is the bellows to blow up Gods graces. Chri&s;t hid him&s;elf from his Spou&s;e, to make her long after him; <HI>Samuel</HI> was the more dear to <HI>Hanna,</HI> becau&s;e &s;he waited long for him; we would not &s;o much prai&s;e him for his &s;weetne&s;&s;e, if we had not fir&s;t ta&s;ted the cup of bitterne&s;&s;e: that which with more difficulty we obtaine, with more care we keep: the child mu&s;t pray and intreat, and open every finger of his hand, before he gets the Apple which his father &s;hews: <HI>We may not limit the holy One of I&s;rael;</HI><NOTE PLACE="marg">P&s;al. 78.41.</NOTE> we mu&s;t expect and waite if to have the harve&s;t: there is no &s;hip but is to&s;&s;ed upon the Sea, no Church but is afflicted; <HI>Is black, but comely:</HI><NOTE PLACE="marg">Cant. 1.5</NOTE> and therefore <HI>Lu|ther,</HI> to &s;et forth the condition of the Church, pictured a &s;illy mayd in the wilder|ne&s;&s;e,<NOTE PLACE="marg">P&s;al. 90.10.</NOTE> compa&s;&s;ed about with many Wolves and Beares, and raging wilde bea&s;ts, to &s;hew the many dangers and troubles that the people of God mu&s;t inevitably pa&s;&s;e through, in this world; &s;o that as there is no Sea without waves,<NOTE PLACE="marg">P&s;al. 46.1</NOTE> &s;o there is no Saint without &s;orrows; and the&s;e Bees will gather honey from the bittere&s;t Herbs, and yet when this wind blows the mo&s;t fiercely, then know that it is about to cea&s;e;<NOTE PLACE="marg">P&s;al. 44.7.</NOTE> mans greate&s;t extremities are Gods opportunities,<NOTE PLACE="marg">P&s;al. 107.6.</NOTE> when he doth u&s;ually deliver tho&s;e that call upon him; and things that cannot be altered mu&s;t be
<PB REF="12">born, for impatience doth but increa&s;e the cro&s;&s;e, and as a man in Irons, the more he &s;trives and &s;truggles, the more he hurts him&s;elf; for we &s;ee 'tis ea&s;ier by far to tye a knot, then to unloo&s;e it, to finde faults in a man, then to make them; a &s;im|ple man can quickly make a &s;pot, which a wi&s;e man cannot &s;o ea&s;ily clean; 'tis ea|&s;ie for a man to fall into a pit, not &s;o ea&s;ie to get out; and he liveth the &s;afe&s;t, we &s;ay, that pockets up his wrongs: rough &s;tormes try good Pylots, the Marriner that then runs on his cour&s;e, the Lant horn that then keeps his light, that yeelds not under the burthen, but endures the cro&s;&s;e with patience; when now you &s;hall ca&s;t up the Cards, it will appear whats Trump: Innocence then is the be&s;t Ar|mour that a man can put on again&s;t another mans fears,<NOTE PLACE="marg">Prov. 28.</NOTE> as <HI>Tacitus</HI> &s;aid of <HI>Cae|cina, Ambiguarum rerum &s;ciens, eoque intrepidus;</HI> to be acquainted with difficulties, makes men that they are not fearefull of them, knowing that the lon|ge&s;t day will have an end; and in the mean time he that &s;uffers the Cedar to grow, permits the lowe&s;t &s;hrub to live; and though the Bird may now perchance have many &s;ick feathers to keep her below that &s;he cannot flye up into the tree, yet the time will come, that her feathers will be grown again, and that &s;he &s;hall be able to mount the skies: and what though in the interim <HI>Shimei</HI> raile, and the Drunkards make &s;ongs of me, yet wi&s;e men will profit by the prate of fooles, and he that doth not hurt me in this ca&s;e too, mu&s;t yet be oppo&s;ed &s;o far forth is to beware him; for a Scorpion is not then onely &s;uppo&s;ed to have a &s;ting when he &s;mites, nor do all Hor&s;es prove right from the &s;ame race, nor is all coyne crurant that hath the Kings &s;tamp upon it, and therefore take heede is a good reed; although innocence hath &s;o cleer a Complexion as &s;he needs no painting, may endure then much hard mea&s;ure, be belyed notwith&s;tanding: but the&s;e men that pur&s;ue her &s;o fiercely, do but &s;nuffe the Candle to be &s;much their own fingers, and makes the light to burn more cleer at la&s;t; and like haile on a tyled hou&s;e, although it makes a great noi&s;e, yet it doth little harme; he that walkes with a right foot is &s;ure to &s;peed; but tis rare if black be made to take any other hue: thus a good cau&s;e con&s;i&s;ting in matter of fact, when 'tis plainly told is &s;ufficiently proved, but a good man may complain, as the Pro|phet <HI>David</HI> did in his time,<NOTE PLACE="marg">P&s;. 102.6</NOTE> <HI>That he was like a Pelican in the De&s;art,</HI> it &s;hall be long enough ere they come to a&s;si&s;t him; nay, &s;o far &s;hall he be from help, <HI>That the net upon</HI> Mizpah <HI>and the &s;nare upon</HI> Tabor,<NOTE PLACE="marg">Ho&s;. 5.1.</NOTE> <HI>&s;hall be layd to catch him,</HI> as the ambu&s;hes which the Idolatrous Prie&s;ts layd upon tho&s;e moun|tains, to take up all the pa&s;&s;engers that went up to <HI>Jeru&s;alem</HI> towor&s;hip the true God; there will be a <HI>Korah, Dathan,</HI> and <HI>Abiram,</HI> ever ready to oppo&s;e the <HI>Mo&s;es</HI> and <HI>Aaron,</HI><NOTE PLACE="marg">Num. 26</NOTE> that &s;eek but to work good in the Congregation; a <HI>Jannes</HI> and <HI>Jambres,</HI> <NOTE PLACE="marg">2 Tim. 3.8.</NOTE> and <HI>Egyptians</HI> to affront them, thta work in the Lords Vine|yard: but he that fights with Cats, mu&s;t endure to be claw'd, that creeps through Bryers, &s;hall be &s;cratcht, that fights with Bears, mu&s;t be paw'd; that contends with mightier men than him&s;elf, mu&s;t blame him&s;elf if he &s;uffer wrong; for 'tis not good medling, we &s;ay, above the eyes, none ever &s;aw the Altars of <HI>Bu&s;iris</HI> but was po&s;&s;eSSed with &s;orrow; then for to &s;houlder a great man that is not &s;ure to put him into the Gutter, doth but light a Candle to &s;ee his own nakedne&s;&s;e, for thus he &s;hall cut his fingers that meddles with edged tools, and no marvell if be then cryes that is thus pincht to the quick; the A&s;&s;es eares mu&s;t be hornes if the Lyon will have it &s;o, but a great oppre&s;&s;or is the greate&s;t theef, is more ready to offend, becau&s;e he is without fear of revenge, and no wonder if his u&s;age then makes a wi&s;e man mad; and if he that &s;hall oppo&s;e one &s;uch adver&s;ary, &s;hall have his hands full, then he that provokes many like enemies, mu&s;t expect to be torn in &s;under; but if a man mu&s;t &s;uffer for the truth, Is it not all one to be drowned in the deepe&s;t Sea,
<PB REF="12">as neer the &s;hoar? A magnanimous man mu&s;t be like a four cornered &s;tone,<NOTE PLACE="marg">Deut. 1.17. &amp; 16.19.2 Cor. 19 7.</NOTE> lye upon what&s;oever &s;ide he lights, mu&s;t fear no colours that will attempt the Fort, have no re&s;pect of per&s;ons injudgement; yet he that will thus do his du|ty without connivance or partiality, &s;hall be &s;ure never to want oppo&s;ition, and the &s;landers of Malignant men to pur&s;ue him, and therefore mu&s;t re&s;olve with patience, to run through both good and bad reports, and &s;uffer the virulence of the&s;e venemous tongues with contempt;<NOTE PLACE="marg">2 Cor. 6.8.</NOTE> and among&s;t the re&s;t of tho&s;e enemies that I have met withall of this kinde, there is one who&s;e eyes are &s;o blind with popular applau&s;e, that be had rather be a ma&s;ter of Error, then a &s;choller of truth, and this theif in the Candle makes ill work, this moat more hurts the eye than any part, for commonly he makes Religion his &s;talking hor&s;e, and un|der a &s;eeming &s;anctity covers over a double iniquity; like the Alder tree, he hath a faire barke, but a bitter rine; this Bee brings honey in his mouth and a &s;ting in his taile, like the Box tree, &s;eeming alwayes green, yet then being full of poy|&s;onous &s;eeds; is a <HI>Syren,</HI> which will &s;ing &s;weete&s;t, when &s;he intends to bite the &s;harpe&s;t; with the dog, will bite &s;ore&s;t when he doth not bark; with the Onix-&s;tone, is hotte&s;t when it &s;eemes mo&s;t white; is a cunning Gold&s;mith, that will enrich his ba&s;e&s;t &s;ilver with pure gold, then pretend the faire&s;t when he intends mo&s;t mi&s;chief: this Fi&s;her covers his books with the plea&s;ante&s;t baits, and &s;traw his be&s;t corn under a pitfall, the &s;ooner to betray tho&s;e with whom he hath to do; this Canker you &s;hall alwayes finde in the faire&s;t ro&s;e, this moath breeding &s;till in the fine&s;t wooll, this worme ingendring mo&s;t in the &s;ofte&s;t wood, this man continually maligning the be&s;t of men, malice driving him forward, and fury &s;uprring him on, that he cannot &s;tay behind, being thus riding po&s;t to hell upon the devills back; this Scorpion hath an amiable face, but a poy&s;onous tayle; this &s;owre crab &s;eemes an apple outwardly, as the &s;weete&s;t Pipin, 'tis the ta&s;te onely makes the difference, his actions which are ever terminate in mi&s;chiefe; the&s;e wa&s;pes have their Combes appearing fair to the eye, but without honey; but we try gold by the touch&s;tone, Jewels by the Lapidary: Locu&s;ts by their faces are not known from men; this Bell having a cleer &s;ound, but an iron Clapper, he perfumes his deceipts with the balm of <HI>Gilead,</HI> hath words in his mouth like Alder flower, very gay, more woth than all the tree be&s;ides, like <HI>Nazian|zens</HI> Country of <HI>Ozizalah,</HI> which had &s;tore of flowers, but was barren of corn; you &s;hall finde his tongue commonly too long for his mouth, which runs ryot like a hunting whelp, goes before his wit, will que&s;t where every Bird and Buzzard &s;its, and when he doth calumniate a mans good name in a dark corner behind his back, he reacheth out what&s;oever comes at his tongues end, and then like a Pecock, &s;preadeth about his tayle when he woulde be &s;een, but will not dayne to look upon his black leggs for all that; with the man in the Moone, he vies at all, for his con&s;cience; like <HI>Samp&s;ons</HI> &s;houlders, are &s;trong enough to bear out any act, but like the Gander, you &s;hall ever finde him loude&s;t among&s;t his Gee&s;e, tel|ling Stories of &s;trange things, to tho&s;e that cannot contradict him in his relati|ons, which when rightly under&s;tood, are but tales of <HI>Robin Hood,</HI> by him that never &s;hot in his bow: but in this his multiloquie it fare with him as when a &s;tream over-&s;loes his bancks, which thereby onely contracts &s;lyme and filth; he is an Hermaphrodite, begotten betwixt Hawk and Buzzard, puts his &s;ickle into every mans harve&s;t, will be medling, what &s;oever comes of it, albeit mo&s;t times in the conclu&s;ion, he finds little thanks for his labour; makes work to have work, and rather than &s;tand out, will &s;pin his tow into a mighty length, make much ado about nothing, that he may be &s;een to have imployent, when God knowes tho&s;e
<PB REF="13">into who&s;e &s;ociety and bu&s;ine&s;&s;e he thru&s;ts him&s;elf, had rather have his roome than his Company, for this Swan though he hath milkie feathers, yet hath he a black Carca&s;e: with <HI>Athalia</HI> you &s;hall have him crying trea&s;on, trea&s;on, when him&s;elf is the greate&s;t Traytor; and like a mad dog, you &s;hall finde him as angry barking at the Moon which he cannot reach (at him thats above him) and doth but cro&s;se his humour) as at that man whom he gets pre&s;ently by the &s;hins, and cannot with&s;tand his fury, like the Raven you &s;hall have him no longer to &s;tay in the Ark, then he hath need of <HI>Noah,</HI> for his own ends be will &s;hake each man by the hand, and like wax will be pliable to every Print, the &s;parrows feather &s;erves him as well as the Swans, without check he pa&s;&s;eth over his own faults, but doth laugh at all others &s;innes, and like a child &s;eeing his vi&s;age in a gla&s;&s;e thinks it another babye; like thunder, when he makes the greate&s;t clap, he lets all but a lit|tle &s;tone, his di&s;cour&s;e commonly ends in a lye: like a light ve&s;&s;ell thats unbal|lanced, he ri&s;es and fals with every wave, <HI>oderunt, quos metuit,</HI> fir&s;t he hurts, and then he hates, and ever after he lookes upon them as guilty of that &s;hame and &s;adne&s;&s;e, which in the &s;in he hath contracted, and thus makes hatred an Apologie for wrong, and out of the narrowne&s;&s;e, incapacity, and Antipathy of his owne minde he fals to an under-valuing of per&s;ons, even to their non entity and exi&s;tence, as things utterly unu&s;efull, becau&s;e he &s;ees not what u&s;e him&s;elfe can have of them, herein di&s;covering as much ab&s;urdity in &s;o peremptory a di&s;|like as a blind man &s;hould do in wi&s;hing the &s;un put out, not con&s;idering that he him&s;elf receiveth benefit at the &s;econd hand from that very light, the beauty whereof he hath no acquaintance withall he will in&s;ult over a mans &s;ufferings, and where he finds a Cowardly and faint re&s;i&s;tance, will domineer like a pig in Pea&s;e-&s;traw, and as a re&s;ty jade will then &s;hew his tricks, when he findes his ri|der fearefull to put &s;purs to his &s;ides; he will be &s;ure to hold in with the Griffin, and great Leviathan, as knowing if he can compound with the Serpent, he will &s;oon cru&s;h the little Adders, and yet with the&s;e he tyes but a Gip&s;ies knot, that is fa&s;t and loo&s;e at plea&s;ure, for as a Phi&s;itian to his patient, he will then give him over when he lyes a dying, will leave thee when thou need&s;t him mo&s;t, he &s;ailes evermore with wind and tyde, and never drinks in empty bottles, <HI>non ad ami&s;|&s;as,</HI> h3 carves a peece of his heart to every one that &s;its next him, becau&s;e he would he thoght wi&s;e, and yet is no better than froth, which appears all above, but is quickly gone and vani&s;hed into nothing, though in the interim and mean time while the tale is telling, as a blazing Comes he appeares more glorious than a fixed &s;tar; like a Pedlar will &s;hew what is in his pack, though nothing but old fa&s;hions and brarded wares be in it; he hath another trick among&s;t the re&s;t too, which he learned from a Curtezan, that when he findes him&s;ef faulty, and likely to be accu&s;ed for the fact, he will be &s;ure to cry whore fir&s;t, will jeer at hone&s;t wo|men, &s;eek others where he lay him&s;elf, that if it were enough for him to accu&s;e, there were none &s;hould be clear: where he meets with a mean under&s;tanding, and with one that holds him in e&s;teem, he brings this <HI>Pan</HI> into a fooles paradi&s;e, who &s;traightwayes thinkes to be made free in Wales, for offering a Leek unto this <HI>S. Davy</HI> at his &s;hrine; he will never bid thee God &s;peed, unle&s;&s;e he knows thou neede&s;t not to care for him; Religion he u&s;eth as women u&s;e Soape, onely to wa&s;h away &s;u&s;pition; he mu&s;eth as he u&s;eth, will not endure to be pulled by the eares, 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 pye, will give his ver|dict among&s;t the re&s;t, though he comes of him&s;elf uncal'd unto Councell, and then all his Gee&s;e are Swans, his P&igrave;geons are all white, he thinkes he hath a Spirit of
<PB REF="13">Prophe&s;ie and cannot erre, and if <HI>Solomon</HI> were alive again, he would vye with him, which were the wi&s;e&s;t man, he hath a populer &s;pirit, which like a wor|king Sea, which ever breeds trouble in the Port, &s;o doth he make work where ever he becomes, give him but preferment, and he hath no equall, this Pari&s;h Prie&s;t pre&s;ently forgets that ever he was a Clark, as <HI>Saul</HI> being made a King, and <HI>Balaam</HI> a Prophet, with <HI>Judas</HI> they are the wor&s;e foul &s;tomacks turning whol|&s;ome food into gall and corruption, put him upon bu&s;ine&s;&s;e, which he hath no minde unto, and like a re&s;ty Jaae, the more he is &s;uprred, the backwarder he goes; if <HI>Ahab</HI> had a mid to go up to <HI>Ramoth Gilead,</HI> he will be one of them will cry, <HI>Go up and pro&s;per;</HI> if <HI>Ahaz</HI> will have &s;uch an Altar as is at <HI>Dama&s;|cus,</HI><NOTE PLACE="marg">1 King. 12.12.</NOTE> He &s;hall finde him an high Prie&s;t, that will do according to all that the King commands him, if a Novelty will take the people, he will be one of tho&s;e will &s;peake perver&s;e things,<NOTE PLACE="marg">2 King 16.</NOTE> to draw Di&s;ciples after him; and with the <HI>Keilites</HI> a-gaine will give up <HI>David,</HI> betray the be&s;t friend be hath to &s;ave him&s;elf,<NOTE PLACE="marg">Act. 20.30.</NOTE> with the Samaritanes he'l challendge kindred of the Jews; whiles their State flou|ri&s;heth, but will di&s;claime them again when afflicted, will imbarke him&s;elf in the Churches cau&s;e in a Calme, but with the Souldier in the Acts will flye out of the &s;hip in a &s;torm, and although his Con&s;cience be convinced of the right that he &s;hould do, yet if any danger be in the way, he will do as tho&s;e among&s;t the cheife Rulers that beleeved in Chri&s;t, yet becau&s;e of the Phari&s;ees, dared not to confe&s;&s;e him, lea&s;t they &s;hould have been ca&s;t out of the Synagogue; where he is to &s;it in Judgement he alwaies comes prepo&s;&s;e&s;t in opinion, and like a Juror im|braced before hand, re&s;olv'd of his verdict, before he heares the cau&s;e, cen&s;uring before he &s;ees, and &s;peaking evill of what he doth not under&s;tand, he hath the yellow Jaundies in his eyes, and thinkes all yellow that he looks upon, prizes no|thing thats good, becau&s;e it &s;uites not with his di&s;po&s;ition, he is provided <HI>ad om|nia quare,</HI> He hath for every bird a baite, an Apple for <HI>Adam,</HI> a wedge for <HI>Achan,</HI> a Kingdome for <HI>Ab&s;alon,</HI> an Office for <HI>Korah,</HI> a Bag for <HI>Judas,</HI><NOTE PLACE="marg">1 King. 22.6.</NOTE> a world for <HI>Demas,</HI> a flattering Prophe&s;ie for <HI>Ahab,</HI> can awe the tymerous with dangers, claw and blow up the proud with titles, bait the greedy man with hopes, feed the di&s;contented man with Complaints, melt the compa&s;sionate man into Compliances, and like a Camelian change him&s;elf into all Colours, to advance him&s;elfe in all conditions: but how can he have a &s;weet breath, that hath &s;uch rotten Lungs, but this Ape though &s;he hath &s;ome touches of a mans face, yet is &s;till known to be an Ape, and how could I be &s;afe to have had &s;uch men as the&s;e to mine enemies, who&s;e malicious conclu&s;ions concerning me, have been like tho&s;e of Logick ever following <HI>deteriorem partem,</HI> but that Rule ought to be &s;traight that &s;quareth other things; yet if they could but &s;natch a &s;hadew, or &s;hape a &s;urmi&s;e of evill in my actions, of a molehill they have made a mountain and rai&s;ed a &s;candall, where there hath been no cau&s;e, knowing that the lea&s;t ble|mi&s;h mars a Dyamond, and yet in the mid&s;t of all the&s;e clamours and loades of &s;lander, this hath born up my heart, God knows my works, and though ignorance and malice heretofore hath &s;et upon my skirts and cen&s;ured me, yet God I hope will at one time or o ther, put them forth with the Coment of my hone&s;t and ju&s;t meaning,<NOTE PLACE="marg">P&s;al. 37. 6.</NOTE> and dealing upon them, and not as heretofore tortured and drawn with fal&s;e expo&s;itions of mine adver&s;aries, and that which quieted <HI>Jobs</HI> &s;pirit in the mid&s;t of all the mi&s;-apprehen&s;ions of his friends hath ever been and &s;hall be &s;till my comfort,<NOTE PLACE="marg">Job 16.12.</NOTE> <HI>Behold my witne&s;&s;e is in heaven, and my Record is on high;</HI><NOTE PLACE="marg">Act. 12.2</NOTE> But <HI>Fe&s;tus</HI> to do the Jews a plea&s;ure will leave <HI>Paul</HI> bound, <HI>Herod</HI> and <HI>Agrippa</HI> kill <HI>James,</HI> and impri&s;on <HI>Peter</HI> under the cu&s;tody of <HI>16.</HI> Soul|diers,
<PB REF="14">and &s;o the ungodly for his own lu&s;t doth per&s;ecute the poore;<NOTE PLACE="marg">Act. 25.2</NOTE> <HI>Vp Lord di&s;appoint him, and ca&s;t him down, and deliver my &s;oul from the un|godly,<NOTE PLACE="marg">P&s;al. 10.2, 6.</NOTE> <HI>which is a &s;word of thine,</HI> that the men of the earth may no more oppre&s;&s;e, for when my foot &s;lipt, they rejoyced greatly again&s;t me, and though we cannot expect but that we mu&s;t &s;hift our garments,</HI><NOTE PLACE="marg">P&s;a. 17.3. P&s;al. 10.18. P&s;al. 38.16.</NOTE> and &s;ome|times weare &s;ack-cloath; yet Lord &s;et my heart in tune, whether to <HI>Lachrimae,</HI> or <HI>Hallalujahs:</HI> and thus you my &s;ee the di&s;couragement and di&s;countenance that I have had in this world; that if any man hath but chanced to favour me, I have been &s;poken again&s;t as when Chri&s;t called <HI>Zacheus,</HI><NOTE PLACE="marg">Luke 19.</NOTE> the people murmur|ring &s;aid, <HI>He is gone to be a gue&s;t with one that is a &s;inner;</HI> but a Car|ping humour is a &s;igne of a wek judgement; afflictions, you may perceive then, have followed me as <HI>Jobs</HI> me&s;&s;engers, before the fir&s;t was di&s;patched, there ap|peared a &s;econd, before that was an&s;ered, a third followed; like <HI>Ezechiels</HI> Prophe&s;ie,<NOTE PLACE="marg">Ezek. 7.</NOTE> mi&s;chiefe upon mi&s;chiefe, and rumour upon rumour; but 'tis too late to mourn when the chance is pa&s;t, how&s;oever though few faire dayes have been in my Calender, <HI>yet let him that &s;tands take heed le&s;t he falls;</HI> for the Hawk that tru&s;ts too much unto her wings if &s;he &s;oar too high may &s;o be lo&s;t, that gazeth to catch a &s;tar too, my ea&s;ily fall, and let not men be too bold to play with other folks no&s;es, lea&s;t perchance thereby their own be taken by the end; for he that &s;ets his neighbours hou&s;e on fire, mu&s;t take heed lea&s;t he burnes his own, for who&s;eoever will &s;peak and do what he li&s;t, is like to have and hear more than will plea&s;e his humour; 'tis hard to cover &s;moak but it will bur&s;t out, the tongue will bewray the intentions of the heart, and thus we &s;hall know how the clock goes, by the &s;triking of the Bell; and if then being forewarned, we be not forearmed again&s;t the en&s;uing danger, there is no man will pitty him, that in &s;uch ca&s;e &s;hall groan under the burthen. I have in my time met with all kindes of oppo&s;ition, but with no wrath and cruelty like that which hath proceeded from weakne&s;&s;e and cowar|dize, having had either jealou&s;ie, advantage, or de&s;paire, to &s;et it on, and yet tho&s;e which as the Prophet &s;peaks, <HI>do break mens heads with oyle,</HI> make a poy&s;on of their own merits, to kill them with prai&s;es, are bad enough, that love not to have their bad meanings and actions to be found out, as tho&s;e al&s;o which being di&s;plea&s;ed with <HI>Mordecai</HI> think it a &s;corn to lay hands on him alone, and therefore his whole Nation mu&s;t &s;uffer with him; with <HI>Seianus</HI> the &s;torme mu&s;t light on his family and friends, a&s;well as on him&s;elf, and hatred is &s;o overflowing a pa&s;sion, that it will &s;ometimes rather &s;trik a friend too, then not to reach an enemy, as <HI>Darius, pereat cum inimico amicus,</HI> let my friend rather peri&s;h with mine enemy, then that mine enemy e&s;cape by my friend, and yet again there is &s;carce a more hatefull quality in the eyes of God and man, then that of the <HI>Herodians,</HI> to lye in waite to catch an innocent man, and then for to accu&s;e him; and &s;uch I have had to deal withall; unlimited de&s;ires al&s;o will repine to &s;ee another have that which him&s;elf wanteth, as <HI>Diony&s;ius</HI> the Tyrant did puni&s;h <HI>Philopenus</HI> the Mu&s;itian, becau&s;e he could &s;in, and <HI>lato</HI> the Philo&s;opher becau&s;e he could di&s;pute better then him&s;elf, but <HI>Nemo repente fit turpe,</HI> no man becomes bad upon a &s;uddaine, for a man may &s;hoot and mi&s;&s;e the mark, and yet &s;ot his ayme as &s;traight as he that &s;hoots and hits the white, de&s;ire makes us what we are, and affection when it doth expre&s;&s;e its de&s;ire is to be con&s;ide|red, though by chance it mi&s;&s;eth to do what was expected: <HI>Apelles</HI> was no good Painter at the fir&s;t, 'tis tract of time that makes things to appear as they are in|deed; the Juniper is &s;owre when 'tis a twig, and &s;weet when 'tis a tree; I but &s;aith my adver&s;ary, if his innocence had been &s;uch as he makes &s;hew of, why then
<PB REF="14">hath he not in all this time, put the matter unto tryall, to purge him&s;elf; you &s;hall perceive by that which follows, that I have neglected no oopportunity to bring this gold unto the touch-&s;tone, my di&s;a&s;ter hath been onely in this, that the publike affaires of the kingdome, would to this houre never admit me &s;o much lei&s;ure for the examination of this particular, that I could procure it to be heard; be&s;ides that, in all this time I have not wanted tho&s;e that have done me many ill Office in this matter, and that wi&s;h it never ended, but that &s;till it may lye as a rod over my head, or as a &s;taffe to beat me withall, upon all occa&s;ions behinde my back; be&s;ides when fury doth rage and rave, we &s;ay there is no putting of truth unto tryall, for &s;o to &s;nuffe the candle, were but to put out the light, and every wi&s;e man knows the hen that cakles hath not alwayes layd, will not beleeve every vaine report, that comes aborad; but with tho&s;e wi&s;e <HI>Bereans</HI> are more nobler minded men, then tho&s;e of <HI>The&s;&s;alonica,</HI> will fir&s;t &s;earch and &s;ee whether tho&s;e things be &s;o or no, &s;o that though the Serpent <HI>Porpherious</HI> hath much poy&s;on in him, yet wanting teeth can do little hurt, and therefore as <HI>David</HI> &s;aid concer|ning <HI>Sheimei, Let him alone, It may be the Lord will look on my af|fliction,</HI><NOTE PLACE="marg">2 Sam. 16 11.12.</NOTE> <HI>and requite good for his cur&s;ing this day;</HI> &s;o will I not &s;o much look on the lower linkes of this chaine, as to forget him that hath the top of it in his hand; but will look up to God in what I &s;uffer, and &s;ay as <HI>Eli, It is the Lord elt him do what he will;</HI><NOTE PLACE="marg">1 Sam. 3.18.</NOTE> and with <HI>Job, the Lord gives and takes, and ble&s;&s;ed be his Name, for it is he that killeth and maketh alive,</HI><NOTE PLACE="marg">1 Sam. 2.6, 7, 8. 9.</NOTE> that brin|geth down to the grave and bringeth up, that maketh poor and maketh rich, that bringeth low, and lifteth up the begger from the dunghill, and &s;et them among Princes, and makes tem to inherit the Throne of glory, <HI>and by &s;trength &s;hall no man prevail,</HI><NOTE PLACE="marg">Hag. 3.19.</NOTE> &s;aith the Prophet, <HI>for in that time I will undo all that afflict thee, and I will &s;ave her that halteth, and gather her that was dri|ven out, and I will get them prai&s;e and fame in every land, where they have beeng put no &s;hame:</HI> And is <HI>any man then &s;o whole that he needs not the Phy&s;itian?</HI> What part hath he then in Chri&s;t which came not to call the righteous but &s;inners to repentance?<NOTE PLACE="marg">Luke 5.31, 32.</NOTE> is he ever a whit the better of whom all men &s;peaks well, nay, is he not the wor&s;e, for &s;o did their fathers of the fal&s;e Pro|phets: wooll buyers, know wooll &s;ellers; and the &s;hoe will hold together with the &s;ole;<NOTE PLACE="marg">Luke 5.27, 28, 29,30.</NOTE> flints hurt not one another, but grow orderly together; brothers in ini|quity &s;eldome falls out: let them then be filled with madne&s;&s;e that cannot entan|gle me, nor &s;hall it grieve me to be &s;eparate from their Company, nor be reproach|ed by &s;uch men, nor to have my name ca&s;t otu among&s;t them as evill;<NOTE PLACE="marg">Luke 5.7, 22, 23.</NOTE> for the&s;e bu&s;i-bodies in other mens matters, the&s;e Bi&s;hops in other mens Dioce&s;&s;es, as they are great &s;trangers to them&s;elves, having in this time their own gardens over grown with noy&s;ome weeds, &s;o their tongues are no &s;lander;<NOTE PLACE="marg">P&s;al. 50.19.20.</NOTE> <HI>that I care not to be judged of them according to the fle&s;h, &s;o I may but live according to God in the Spirit,</HI><NOTE PLACE="marg">1 Pet. 4.15. P&s;al. 112.4.</NOTE> <HI>thus though the earth be moved, and the hills be car|ried into the mid&s;t of the sea; though the waters thereof rage and &s;well, and the mountaines &s;hake at the tempe&s;t of the &s;ame, yet will the good man hold his way, and he that hath clean hands &s;hall be &s;tronger and &s;tronger:</HI><NOTE PLACE="marg">1 Pet. 4.5 P&s;al. 46. 1, 2, 3.</NOTE> no man loves him whom he feares mo&s;t,<NOTE PLACE="marg">Job 17.9. Job 36.14.</NOTE> for he is afraid of him whom he hath injured; <HI>Adam</HI> fir&s;t eates and then he hides, a&s;&s;oone as he hath tran&s;gre&s;&s;ed the Covenant he expects the cur&s;e. <HI>Albicrades</HI> having provoked the <HI>Athenians,</HI> was afraid to tru&s;t them, &s;aying, It is a fooli&s;h thing for a man when he may flye, to betray him&s;elf into their hands, from whom he cannot flye; Con&s;cience of evill and guiltine&s;&s;e of minde being like mud in water,<NOTE PLACE="marg">Wi&s;d. 17.</NOTE> the more
<PB REF="15">it is &s;tirred doth the more foul and thicken, therefore this man will u&s;e all po&s;sible means to be rid of him if he can whom he feareth, which is the rea&s;on 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 &s;atisfaction &s;hall be neg|lect and contempt of him at the la&s;t, he then that &s;tands upon his own legs, can make the wheels to &s;erve the Clock, and the Goo&s;e to go on her own feet; provides for him&s;elf that which is &s;ufficient, and lives within his compa&s;&s;e, without being chardgeable or burt hen&s;ome unto others, when now he perceives the raine in a black cloud, revenge intended in a bended brow, regards not the &s;houre to come, that hath &s;o good a &s;helter to run unto in a &s;torme: exce&s;&s;es commonly &s;eldome go alone, great wits and great Errors, but the&s;e envious men, are for the mo&s;t part highly conceipted ot their own excellence, it is a very hard thing, when great abilities and va&s;t hopes &s;hall meet together, to govern them with moderation; private ends being in that ca&s;e, apt for to engadge a mans parts, and to take them off from publike &s;ervice, unto particular advantage; men prize their reputati|ons as their lives, and though in &s;ome things too blame, yet loath they are to &s;ee it, but if faithfull and good men were provided for with imployments &s;uteable to their knowledge, and that might yeeld them a &s;ub&s;i&s;tance to continue them in their &s;ervice, it would make men &s;trive unto perfection, and to be inabled for du|ties, for the keene&s;t edge that hath nothing to cut is nothing woth, 'tis meat keeps men alive: Miners cannot work with hout mettalls, nor can wi&s;dome thrive with|out wherewith; <HI>Hercules</HI> is nothing without a club in his fi&s;t, and if they have done well before, this mu&s;t more obliege them for the future, for a dog will not leap in his face that gives him meate; <HI>Claudius</HI> the Emperour was wont greatly to thank &s;uch 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 otherwi&s;e, Of|fices have been provided for men, that could onely receive the profits of Offices, but unable to execute the charges with which they were intrusted; that it is much better we &s;ee now a dayes to be happy then wi&s;e, whiles the&s;e men onely dance, unto whom fortune pipes; That he labours but to gra&s;pe a running &s;tream, &s;aith one, that expects preferment for de&s;ert; the torch turn'd downwards is exteingui&s;hed with that which cau&s;ed his light, the be&s;t wine makes the &s;owre&s;t vinegar, <HI>Cor|ruptio optimae pe&s;&s;mae,</HI> man is the pure&s;t of all creatures yet being once dead is the mo&s;t noy&s;ome of all others; that Cambrick which is once &s;taind will &s;carcely be clean, ripe&s;t wits prove mo&s;t prejudiciall when imployed the wor&s;t way, that 'tis ill driving a Cow again&s;t the wall, enforcing men unto extremities, for when &s;he can flee no further, &s;he mu&s;t either turn head or dye; 'tis true, a bow thats long bent waxeth weak, and it may be thought a pollicie to weary out the be&s;t men with expectation, but there is not one man among&s;t a thou&s;and, whom much provoca|tion, will not alter from the&s;e fir&s;t re&s;olves which he hath taken up; a man may tire the be&s;t hor&s;e; he is a black Swan indeed that will not vary, <HI>Vnum ex mille;</HI> but <HI>Nilus</HI> breeds Serpents as well as precious &s;tones, and in all Rivers there's frogs as well as fi&s;h, and we know the wor&s;t are ever the greate&s;t number, there is no darkne&s;&s;e more formidable than that of an Eclip&s;e, no mallice grows rancker then that which proceeds from the Corruption of love, no ta&s;te more un&s;avory than of &s;weet things when they are corrups, nothing more dangerous than a &s;harp wit imployed the wrong way; a Lark we &s;ay is worth a Kite, and one peece of a Kid, is worth two of a Cat: to him then that conceipt and cu&s;tome hath not made good and bad alike, he will choo&s;e rather to have one faire flower grow in his gar|den then many &s;tinking weeds, but I have been beholding to &s;ome yet further for
<PB REF="15">their good word, who have been plea&s;ed to honour me &s;o far, as to joyn me in the &s;ame yoak together with Ma&s;ter <HI>Kilvert,</HI> and have made it as a wonder that the Parliament &s;hould be plea&s;ed to make u&s;e of two men in their &s;ervice &s;o in|famous and unworthy a conclu&s;on; you may perceive drawn from fal&s;e premi&s;ses, I &s;peake but for my &s;elf, for this &s;entence given again&s;t me in the Court of Star-Chamber, is both the Major and Minor propo&s;itions to warrant this a&s;&s;ertion, which being <HI>(manife&s;te fal&s;um)</HI> I may be bold to an&s;wer &s;o, without preju|dice to their Judgements: nor are they &s;o well read in Policies how&s;oever, that &s;hall think States mu&s;t not imploy men of all rankes and Conditions; for &s;ome|thing a man may learn from <HI>Simon Magus</HI> as from <HI>Simon Peter,</HI> nay, a man may be coun&s;elled of <HI>Balaams</HI> A&s;se,<NOTE PLACE="marg">Numb. 22.28.</NOTE> and I am confident they &s;hall but leap out of the frying-pan into the fire, that &s;hall be&s;tow imployment upon &s;uch men as the&s;e, for rayling at another man, more hone&s;t then them&s;elves; nay, by thus placing their favours too &s;oon upon &s;uch detractors, they may oft be-&s;aint &s;uch Serpents as will &s;ting them to death; for nothing but croaking Toads are to be looked for out of pudly Fens de&s;truction and unhappine&s;&s;e from &s;uch malicious men, nor can we look for water out of an empty pot; but becau&s;e the&s;e men do finde it much ea&s;ier to &s;trike than fence, therefore they are &s;o cen&s;orious; but every Puppy will bark at a dead Lyon, &s;o ea&s;ie a thing it is to give a man a fall, when both his hands are bound behinde his back; 'tis enough to for him to &s;narl that dare not bite: but the day and night being both alike to him thats blind; a Nettle and a Ro&s;e all one to him that knows no difference; I &s;hall intreat my friends for to remember, and I hope (without &s;candall or prejudice to any man) I may &s;peak it, that Ma&s;ter <HI>Kilverts</HI> imployment and mint, and the wayes we have lived in, have been of a far diffe|rent condition; he was a Courtier, which I never was; he &s;olicited for the times again&s;t &s;uch as were then hone&s;t men, and aver&s;e to their proceedings, but I had the happine&s;&s;e to be &s;till on the Defen&s;ive part for &s;uch, and had work enough to do be&s;ides, for to keep me but upon my own leggs, and he that rows again&s;t wind and tyde, to be &s;ure mu&s;t have his hands full;<NOTE PLACE="marg">P&s;al. 71.18, 19.</NOTE> <HI>But O what great troubles and adver&s;ities ha&s;t thou &s;hewed me, and yet did&s;t thou turn and refre&s;h me, yea and broughte&s;t me from the deep of the earth again, and comforted&s;t me on every &s;ide; who knows his &s;trength that was never tryed?</HI> and how can that Virgin be &s;aid to be cha&s;te that was never tempted; 'tis the fire that purifies the gold, and afflictions that differenceth the precious from the vile, <HI>Therefore it is good for me faith</HI> David, <HI>that I have been in trouble, that I may learn thy Statutes.</HI><NOTE PLACE="marg">P&s;al. 119.</NOTE> Thus we con&s;ider the Vineyard fir&s;t in the trees, but afterwards we deem it in the fruits, for 'tis not the ru&s;h, but the Dyamond that is in it &s;et, which makes it valuable; it is a mans good conver&s;ation, which makes him to be well e&s;teemed; and although in the winter of this workd, the good an bad tree &s;eemes much alike; the Cockle and the Darnell grow up together with the good wheat untill the harve&s;t, yet a piercing eye will di&s;cover vice in the ha|bite of vertue, for the A&s;&s;e cannot dance to the Harpe, nor can the Lyons skin teach a man to roare, to &s;ee a &s;ow wallow in the mire is no news, but to &s;ee an <HI>Ermyne</HI> to do &s;o were rare: he may judge of colours that is not blind, and though &s;ometimes by accident, he may chance to be deceived in his judgement thereof, yet 'tis not ordinary to be &s;o, we &s;ee the &s;un cannot &s;hine without his beames, and that if the fountain cea&s;e, the River is dryed up, and that tree withereth who&s;e root decrea&s;eth, and one man is known and differenced from another, by the Actions they performe; &s;o that although I have been unfortunate, yet I mu&s;t be content, for it is not every mans hap to attain the end of his de&s;ires, for many bends the
<PB REF="16">bow, that kills not the game, layeth the &s;nare that never catch the fowle, laboureth without reward, or regard many times, though his &s;ervice be never &s;o profitable and acceptable; but the labourer mu&s;t have his hire; the Devill his due, doe him right hath done thee &s;ervice, lea&s;t bare walls drive away good hu&s;wives, who&s;o|ever is imployed in the vineyard, of common right ought to have his penny.</P>
<P>Thus as with <HI>Ariadnes</HI> thred, I have led you into the Labarinth of my mi&s;e|rable life, and by which you may finde the way out again, after you have once viewed and &s;een tho&s;e many <HI>Meanders,</HI> and windings of de&s;tructions threatned, and chambers of death opened, wherein to enclo&s;e, and to have buried a poore in|nocent man alive: but can any man imagine why all this &s;tir and much ado &s;hould be about nothing, to hunt after &s;uch a flea; if there were not &s;omething more in the winde then is vi&s;ible; or that I can imagine to my &s;elf, what &s;hould be the cau&s;e of my per&s;ecution, for in all this time I have had neither power nor office in the Common wealth, whereby it hath been po&s;sible for me in a publique way ever to oppo&s;e or hinder any of the&s;e mens proceedings, and de&s;ignes who have thus cryed me down, and &s;o &s;trongly laboured to ruine and blemi&s;h me in the worlds opinion; but if I be &s;o ba&s;e a fellow, the &s;corn and contempt of men, and unworthy of all humane &s;ociety as I have been very lately traduced and blanced to be by &s;ome, it is in the opinion of &s;uch a&s;&s;uredly, who like cupping gla&s;&s;es onely draw out the vitious humors of the body unto them, and like flies that are over|come with the Spirits of wine, but nouri&s;hed with the froath, or like tho&s;e wormes, which receive their life from the corruption of the dead; and with the Prince of Devills may well have their names given them from flyes, becau&s;e as they re|&s;ort unto &s;oares, &s;o the&s;e take mo&s;t plea&s;ure in the wounds and vulcers of men; that if I am become thus a Mon&s;ter unto many, &s;ure it is unto &s;uch as in the lan|guage of the Prophet <HI>David, made Songs of him in the gate,</HI> or of tho&s;e, which <HI>Solomon</HI> &s;peakes of,<NOTE PLACE="marg">P&s;al. 61.6. P&s;al. 69.12. Prov. 1.22. &amp; 15.12. &amp;13.1. &amp; 24.12. Gal. 4.16 E&s;ay 51.7, 8. Mat. 5.10 11, 12. Joh. 9.28 29. Neh. 1.7. Pro. 12.13. &amp; 13.3. &amp; 14.33. &amp; 15.2 &amp; 16.13.</NOTE> <HI>that delight in &s;corning, and loveth not him that reproveth,</HI> for it is not he that telleth thee the truth, that is become thine enemy; but my comfort again&s;t this affliction, &s;hall be that which I have recei|ved from the Prophet <HI>E&s;ay, Not to fear the reproach of men neither to be afraid of their revilings; for when they &s;hall &s;ay all manner of evill again&s;t me fal&s;ly;</HI> it &s;hall be the cau&s;e of my rejoycing as the &s;urety of a better reward, and then to be reviled for being his Di&s;ciple, though &s;uch &s;hall &s;ay, <HI>as for this fellow, we know not from whence he is,</HI> yet herein &s;hall be my confidence, <HI>the Lord knoweth who are his, yea whiles the wicked &s;hall be thus &s;nared by the tran&s;gre&s;&s;ion of his lips, the ju&s;t &s;hall come out of trouble at the la&s;t;</HI> and when &s;uch a fool is &s;aid to <HI>lay open his folly, he &s;hall be beloved that &s;peaketh right;</HI> and now would not <HI>Rabanus</HI> tongue be clipt for telling tales and that like <HI>Jo&s;huahs</HI> Spies brings an evill report upon the Land without cau&s;e; you cannot make the Wolf and Lamb to love; the <HI>Lo|cu&s;t</HI> dies at the &s;ight of the <HI>Polipus,</HI> and I prote&s;t it is a miracle to me, for to conceive that men &s;o full of State and greatne&s;&s;e, &s;hould wa&s;te and con&s;um &s;o much pretious time, from their more weighty and great imployments, as once to foul their fingers, or &s;pend their breath about &s;o poor and incon&s;iderable an ob|ject in their e&s;timation and e&s;teem; and it were much more for the prai&s;e of their wi&s;dome, and for my ea&s;e and quiet I am &s;ure, if I might be &s;o much beholding unto them as they profe&s;&s;e, that they would be plea&s;ed to let me alone to move a|mong the &s;tars, that cannot attain to be as glorious as the &s;un: but they know what it is to offer wrong to a Dove or &s;heep, that will not re&s;i&s;t again, though pre&s;&s;ed to death: and I thank my God I have no ambitious thoughts, for if I
<PB REF="16">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 profe&s;&s;e &s;eriou&s;ly, I look not af|ter eminency, and tho&s;e great honours and preferments in this life, which as <HI>Solomon</HI> &s;aith, <HI>are but meer burthens and nothing el&s;e;</HI><NOTE PLACE="marg">Eccle&s;. 1.18.</NOTE> for that man can hardly be ma&s;ter of his pa&s;sions, that is not ma&s;ter of his imployments, a mind ever burthened being as a bow alwayes bent, which mu&s;t needs grow impo|tent and weary, &s;o that our minds as our ve&s;&s;els mu&s;t be unloaded if they would not have a tempe&s;t hurt them; there being far more content to be found in a mean and poor Cottage, than in a rich and &s;tately Pallace;<NOTE PLACE="marg">Pro. 15.16, 17. &amp; 16.8.</NOTE> poor quiet being the true&s;t riches; that as the fig tree, though lea&s;t beautifull and beares no flowers, yet is far from thunder: and tell me, is not the dog more to be prai&s;ed that hunts till he be &s;pent amongst the bu&s;hes and bryers, then he that onely can run at gaze, and over the plaines and Champion fields, and cannot endure that his tender skin &s;hould be &s;cratcht; there is no wooll &s;o cour&s;e, but it will take &s;ome dye, no creature that God hath made in vain, and therefore I &s;hall not think &s;o meanly of my &s;elf, as mine enemies would have the world for to beleeve of me, untill more than words make the bargain, for &s;uch vain &s;peaking is but as a &s;hot of powder without a pellet, a great &s;torm and nothing but wind; for where there is onely a bare report to convince a man of an offence, though <HI>Cato</HI> were the Author of the relation, it will not be credited of wi&s;e men for all that; he that ju&s;tles another &s;hakes him&s;elf, and if he take snot the better heede, may have his luck that rides a Colt with a naughty bridle, to be quickly &s;et be&s;ides the Saddle, or as he that walkes in the dark, which &s;tumbles and catcheth an ill turn ere he be aware. I have now almo&s;t eaten up my loaf unto the pin, and cannot recall that &s;tone which is already ca&s;t; but if I were to begin my dayes again, by that wofull experience which I have had of things, I &s;hould weigh the &s;cale a little better, and make the ballance more even before I dealt out my commodities, for opinion I &s;ee can tra|vell through the world without a pa&s;port, but truth cannot do &s;o, for whom fame hath advanced lives uncontrol'd, and when he &s;tands &s;till none mu&s;t go forward, and he needs mu&s;t &s;wim that hath <HI>Neptune</HI> for his guide, whiles a &s;trong brain without preferment mu&s;t be depre&s;t with de&s;pight as a dangerous creature, and then to be lookt upon with wonder, as the Sun in his Ecclip&s;e, and as upon the Moon in her Wain; and if that will not &s;erve the turn, more wayes &s;hall be found out yet to kill a dog than by hanging: this man having an Art like the vertue of that River in <HI>Arabia,</HI> that turneth dirt to &s;ilver, and gold to dro&s;&s;e; but 'tis a blind Goo&s;e, we &s;ay, that knows not a Fox from a Fern-bu&s;h; the man from the ma&s;ter, by the Livery that he wears; and though old trees do but live to gather Mo&s;&s;e, yet gray hayres, by a long experience, can difference Bra&s;&s;e and Cop|per from gold, and tell, that though the fir&s;t makes the greater &s;ound, and are heard farther off, yet the latter is the more precious mettall: But for the com|fort <HI>of the upright in heart,</HI> there can never be &s;uch an emptine&s;&s;e in the crea|ture,<NOTE PLACE="marg">Hab. 3.18.</NOTE> <HI>of tho&s;e that do belong unto the Covenant of Grace,</HI> but even then it is &s;upplyed with fulne&s;&s;e from heaven, when it is lea&s;t vi&s;ible to fle&s;h and blood, <HI>as when there was no corn in Canaan,</HI><NOTE PLACE="marg">Gen. 41.57. &amp; 8.42. &amp; 2.14.</NOTE> <HI>then Jo&s;eph unexpectedly &s;ent before into Egypt, had provided &s;ufficient for his father and his bre|thren, when they were ready to fami&s;h: and Chri&s;t had meat to eate which his Di&s;ciples knew not of, when they thought he was read to have peri&s;hed for want of food;</HI> &s;o when <HI>David</HI> returned from <HI>Aphek</HI> to <HI>Ziklag,</HI> and found it burnt with fire, <HI>and his two wives, and all that he had, and the women and children of his followers taken Captives,</HI><NOTE PLACE="marg">1 Sam. 30.</NOTE> &s;o
<PB REF="17">that he and the people who were with him,<NOTE PLACE="marg">E&s;ay 25.5.</NOTE> <HI>lift up their voyce and wept, un|till they had no more power to weep,</HI> and that <HI>David</HI> was &s;o di&s;tre&s;&s;ed <HI>that the people &s;pake of &s;toning him,</HI> yet then he <HI>encouraged him&s;elf in the Lord his God,</HI><NOTE PLACE="marg">2 Chron. 20.12.</NOTE> <HI>and pur&s;ued the enemy, overtooke them, and re|&s;cued and took the whole prey out of their hands again;</HI> and &s;o was it in the ca&s;e of <HI>Jeho&s;haphat</HI> when the children of <HI>Moab</HI> and <HI>Ammon</HI> came out again&s;t him to battell in multitudes, when he knew not otherwi&s;e what to do, <HI>his eyes were upon his God, and he delivered him;</HI> &s;o that though the &s;un be hid in a cloud, yet his glory and power is no whit dimini&s;hed, and it will appear and &s;hine again: and though the &s;treames be dry, yet the fountaine is &s;till the &s;ame, and will fill the Channels: that although in the winter of ma|ny infortunities, there be neither leaves nor blo&s;?&s;omes that do appear upon this tree, yet whiles there is &s;ap &s;ufficient left in the root, it will make both boughs and branches to flouri&s;h and grow green, <HI>when the &s;pring time of favour &s;hall approach;</HI><NOTE PLACE="marg">Acts 3.19.</NOTE> <HI>and when the times of refre&s;hing &s;hall come from the pre&s;ence of the Lord:</HI> no man knows &s;o well where the &s;hoe wrings, as he that wears it; a &s;turdy Beggar gets no almes, becau&s;e he will not ac|knowledge his wants: but what&s;oever my adver&s;aries may report, or other men think of my E&s;tate, I may not be a&s;hamed to enforme my Nece&s;sities, and to open tho&s;e &s;ores which may procure your Charity, and herein I will not be found a Lyer, let malice and the black mouths of detraction &s;ay what they can again&s;t it.</P>
<P>I have lo&s;t by the <HI>Rebellion</HI> in <HI>Ireland,</HI> in per&s;onall E&s;tate, <HI>five thou|&s;and &s;even hundred &s;ixty nine</HI> pound; the particulars whereof I can make appear by the Oathes of divers, which I have ready to produce upon occa|&s;ion; I lo&s;t the po&s;&s;e&s;sion of a Mannor, and <HI>two thou&s;and</HI> Acres of as good Land, Meadow, and Pa&s;ture, as any in the County of <HI>Meath,</HI> there where I dwelt, which was under a part of this &s;tock, of which I had a Lea&s;e for <HI>forty one</HI> yeeres of &s;ome, and <HI>&s;ixty one</HI> yeeres of another part of it, and within tho&s;e Lea&s;es had the Tithes of as many out Pari&s;hes as paid the whole Rent re&s;erved and more, and &s;o I enjoyed the Land free: And upon which I had built, and otherwi&s;e improved it, in which I expended above <HI>one thou&s;and two hundred</HI> pound, be&s;ides the &s;cituation of the place for Markets, and every accommodation what&s;oever, that no man could dwell in a more Commodious &s;eat.I lo&s;t the po&s;&s;e&s;sion of another Man|nor, and of <HI>five thou&s;and twenty two</HI> Acres of Land, Meadow, and Pa&s;ture by Surveigh, all within a hedge, being my Inheritance and Fee-&s;im|ple E&s;tate, which did yeeld me in pre&s;ent Rent <HI>&s;ix hundred</HI> pound <HI>per an|num,</HI> or there abouts, was never improved by rea&s;on of my ab&s;ence here in <HI>England,</HI> for four yeeres together upon the late Earle of <HI>Straffords</HI> per&s;e|cution: there is above <HI>one thou&s;and five hundred</HI> Acres of this is as good Meadow and Meadowable Pa&s;ture as any is in that Kingdome, <HI>two thou&s;and</HI> Acres more of it is as good Wheat Land, as Grain can be &s;own upon; the re&s;t good land to feed &s;heep upon; that I am &s;ure, valuing the lo&s;&s;e of my yeer|ly revenew in Rent, but at <HI>one thou&s;and</HI> pound <HI>per annum,</HI> I am no Lyer, let malice &s;ay what it can unto the contrary, and all this taken from me by the Rebells, the <HI>24.</HI> of <HI>October 1641.</HI> the next day after that bloody and traiterous de&s;ign was to have been executed at <HI>Dublin;</HI> but God Almighty gi|ving me my life for a prey, and the lives of my Wife and Family, being mira|culou&s;ly delivered from the Enemies &s;urprize in the dead time of that night
<PB REF="17">attempting it, hath an&s;wered all the&s;e my lo&s;&s;es, and bound me to a perpetuall thanke&s;giving and acknowledgement thereof unto God for this deliverance; I lo&s;t the u&s;e of my profe&s;sion al&s;o, by which I profited yeerly more than all the revenew of my E&s;tate be&s;ides, and for all this, I &s;hall not be a&s;hamed to &s;ay with the <HI>Patriarch Jacob, With my &s;taffe I pa&s;&s;ed over this Jordan,</HI><NOTE PLACE="marg">Gen. 32.10.</NOTE> <HI>by which I became tho&s;e two Bands:</HI> and being di&s;poiled of all this again, as I went, I returned, in a di&s;con&s;olate E&s;tate; yet with holy <HI>Job, looking up unto heaven, from whence commeth my help;</HI> after this I had no &s;ooner &s;et the &s;ole of my foot upon my Native &s;oyle here again, but I met with many Comforters, and was offered a competent livelihood for my &s;elf and family, to have ab&s;ented this City, but was di&s;&s;waded to embrace tho&s;e of|fers, with promi&s;e of a &s;ufficient &s;upply, if to plant here and a&s;si&s;t the common cau&s;e; and truely my affection to the &s;ervice and the a&s;&s;urance I had for my &s;ub&s;i&s;tance, was from men &s;o eminent in places and authority that I had no rea&s;on to doubt of the performance, but being once engaged; God Almigh|ty, to let me &s;ee there is no dependance, but upon him&s;elf alone; tooke the&s;e men away, and left me onely to awaite upon his Providence; and having now &s;erved the State this three yeeres &s;pace and more, here in &s;everall Com|mittees and otherwi&s;e, to the be&s;t of my abilities, you will &s;ee in the &s;e|quell of the Story, what my reward hath been, for all my labours and faith|full performances herein; and I have been informed that &s;ome have not been a&s;hamed to give out, that I have gotten <HI>ten thou&s;and</HI> pound in this time, in the&s;e imployments, which is a thing &s;o gro&s;&s;e and noteriou&s;ly fal&s;e, that all men that but under&s;tands what I have had to do, will cry him down for a &s;on of <HI>Belial,</HI> that &s;hall have &s;uch a fiction in his mouth; I prote&s;t upon the faith of an honest man, that I have not in this time, had &s;o much allowed me in the places and Offices wherein I have &s;erved for Salary in the over &s;ight of &s;ome Trea&s;uries for the Iri&s;h account, as hath given me and my family bread, and more then what hath been freely given me for my paines, I defie any man to charge me with, and all which is vi&s;ible and to be &s;een, upon record to be much under <HI>three hundred</HI> pound, and I have &s;pent <HI>four hunded</HI> pound more in this time, which hath been the benevolence of my friends; and were I not bereaved of my whole E&s;tate and fortune by that Rebellion as I &s;aid before, I &s;hould as freely &s;erve without reward in this Cau&s;e, as any man alive, and &s;hall as willingly contribute what I am able to it, as any man what|&s;oever: but tho&s;e that a&s;per&s;e me have dealt with me herein,<NOTE PLACE="marg">Jo. Paul. Herin. de Albing. <HI>l. 1. c. 2.</HI></NOTE> as the Pope an|ciently did with the <HI>Albingen&s;es</HI> in <HI>France, Who having a minde for to ruine them, entertained them in Treaties and Conferences, that in the mean time he might prepare his great Armies the more &s;uddenly to de&s;troy them:</HI> &s;o are they &s;uch who made fair weather with me a long time, till they had &s;erved their own turns, and gained their own ends,<NOTE PLACE="marg">Ecce&s;. 6.8.9.13.</NOTE> and then have requited me with this bad language onely for my labour, and now it is but ju&s;tice to do him right, that hath &s;uffered all this wrong, and but Chri&s;tian compa&s;sion now at la&s;t to take that burthen from my back, which hath &s;o long, &s;o heavily laine upon my &s;houlders, but if my time of re&s;t and quiet, be not yet come, &s;ince vengeance is onely Gods Prerogative, I &s;hall leave <HI>Joves</HI> thun|der-bolt in his own hands, and in the mean time &s;corn the wrong, and &s;o &s;hall &s;ufficiently be revenged of the injury, and &s;hall thus conclude with that of <HI>Jethro</HI> unto <HI>Mo&s;es, Ble&s;&s;ed be the Lord who hath delivered me out of the hands of the Egyptians, and out of the hands of Pharaoh,</HI><NOTE PLACE="marg">Exod. 18.10, 11.</NOTE>
<PB REF="18"><HI>for thus I know,</HI><NOTE PLACE="marg">P&s;al. 9.16, 17, 18. Rev. 15.3. P&s;al. 31.26. 1 Pet. 2.12. Tit. 2.8.</NOTE> <HI>the Lord is greater than all Gods, for in the thing wherein they have dealt proudly, he was above them, and the needy &s;hall not alwayes be forgotten; the expectation of the poore &s;hall not peri&s;h for ever;</HI> in which a&s;&s;urance I &s;hall &s;till labour, <HI>and by a good conver&s;ation</HI> &s;trive to &s;hame the Gain-&s;ayer, that he that is of the contrary part, may &s;o be a&s;hamed in the latter end, <HI>as having nbo evill thing upon ju&s;t cau&s;e to &s;ay again&s;t me:</HI> The&s;e 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 &s;hall &s;upply the re&s;t, and if I have dwelt too long upon this Subject, excu&s;e me, it being an errour of affection, that in my own cau&s;e may thus haply mi&s;lead my Judgement, and it being in my fir&s;t en|trance upon &s;uch a taske, it is no wonder if you &s;hall finde me to de&s;erve your reprehen&s;ion: he may mar many an In&s;trument at the fir&s;t that learnes Mu&s;ick, but S. <HI>Au&s;tin</HI> &s;aith, <HI>Non e&s;t multiloquium, quando nece&s;&s;aria, &amp;c.</HI> But the Judgement is, and my &s;elf</P>
<CLOSER><SIGNED>Yours, <HI>JEROME ALEXANDER.</HI></SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="errata">
<PB REF="18">
<HEAD>ERRATA.</HEAD>
<P>PAge 3. line 49. read <HI>Interrogatories,</HI> p. 7. l. 37. add <HI>they,</HI> p. 8. l. 2. omit <HI>be,</HI> ibid. l. 27. read <HI>exce&s;&s;ive,</HI> ibid. l. 47. read <HI>adver&s;ary,</HI> p. 20. l. 20. read <HI>at,</HI> ibid. l. 34. add <HI>as,</HI> p. 13. l. 49. read <HI>Interrogatories,</HI> p. 23. l. 2. read <HI>to,</HI> ibid. l. 37. read <HI>that,</HI> p. 25. in the Affidavit read <HI>is,</HI> p. 28. l. 7. for <HI>his</HI> read <HI>this,</HI> p. 28. l. 43. for 100. <HI>l.</HI> read 130. <HI>l.</HI> p 32. l. 4. for <HI>an</HI> read <HI>and,</HI> ibid. p. 24. for <HI>into</HI> read <HI>unto,</HI> ibid. l. 42. for <HI>me</HI> read <HI>one,</HI> p. 33. l. 42. for <HI>than,</HI> read <HI>that,</HI> p. 35. l. 40. omit <HI>the,</HI> p. 39. l. 39. for <HI>in</HI> read <HI>into,</HI> p. 38. &s;hould be, p. 40. l. 26. for the word <HI>for</HI> read <HI>from,</HI> p. 41. add <HI>one</HI> in the title of certificate, p. 50. l. 37. for <HI>agu&s;t</HI> read <HI>again&s;t,</HI> p. 53. l. 1. add <HI>him,</HI> p. 59. l. 7. for <HI>with</HI> read <HI>to,</HI> p. 66. l. 42. for <HI>recount</HI> read <HI>account,</HI> p. 71. l. 12. for the&s;e words <HI>an Act of Common Councell</HI> read <HI>an Act at Councell Table,</HI> p. 82. l. 35. for <HI>they</HI> read <HI>the,</HI> p. 83. l. 26. for <HI>all his witne&s;&s;es</HI> read <HI>all the depo&s;itions of his witne&s;&s;es,</HI> p. 84. l. 25. for <HI>into what &s;ad a condition</HI> read <HI>into what a &s;ad condition,</HI> p. 87. l. 26. omit <HI>to,</HI> p. 100. l. 33. for <HI>us</HI> read <HI>as,</HI> p. 109. l. 1. the fir&s;t word read <HI>endeavoured,</HI> p. 115. in the la&s;t line but one, for <HI>both</HI> read <HI>but.</HI></P>
<DIV2 TYPE="errata">
<HEAD>Errata in the Epi&s;tle.</HEAD>
<P>FOr <HI>oblation,</HI> p. 2. l. 37. read <HI>obligation,</HI> p. 3. l. 27. for <HI>wherein</HI> read <HI>whereon</HI> p. 11. l. 34. for <HI>receive</HI> read <HI>review,</HI> p. 20. l. 37. for <HI>brarded</HI> read <HI>braided.</HI></P>
</DIV2>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="account">
<PB REF="19">
<PB N="1" REF="19">
<HEAD>The Ca&s;e of Jerome Alexander E&s;quire, concerning a Sentence given again&s;t him in the Court of Star-Chamber, the &s;even|teenth day of November, in the &s;econd yeer of the Reign of our Sovereign Lord King <HI>Charles:</HI> Which &s;aid Sen|tence followeth, in the&s;e words: <HI>In Camera Stell. coram Concil. ibid. Decimo &s;eptimo die Novem. An.</HI> 2 Car. <HI>R.</HI>
<LIST>
<ITEM><HI>Domino Cu&s;tod. magni Sigilli</HI> Angliae.</ITEM>
<ITEM><HI>Domino</HI> MANDEVILE <HI>Prae&s;id. Comite</HI> Bridgewater.</ITEM>
<ITEM>ROBERTO NANTON <HI>Mil.</HI></ITEM>
<ITEM>JOHANNE COKE <HI>Mil. uno Se|cretar. Regis.</HI></ITEM>
<ITEM><HI>Archiepi&s;copo</HI> Cant.</ITEM>
<ITEM><HI>Epi&s;copo</HI> London.</ITEM>
<ITEM><HI>Capt. Baro Sca~cii.</HI></ITEM>
<ITEM>HARVEY <HI>Ju&s;tic. de Comuni Banco.</HI></ITEM>
</LIST></HEAD>
<P>_THis day came to be heard, by &s;peciall Order of this honoura|ble Court of the 10 of this in&s;tant <HI>November,</HI> a very foul Offence, Practice and Mi&s;demeanour of one <HI>Jerome Alexan|der</HI> an Utter-Barre&s;ter at the Law, Plaintiff in this honoura|ble Court, again&s;t <HI>John Yates</HI> and others, late Defendants: which Cau&s;e was heard in open Court on the 25 of <HI>October</HI> la&s;t: At the hearing of which Cau&s;e, the main wherewith the &s;aid <HI>Yates</HI> &s;tood charged, was, The threatning and terrifying of Witne&s;&s;es which the &s;aid <HI>Alexander</HI> was to produce at a former Triall of <HI>Ni&s;i Prius</HI> in the Countie of <HI>Norfolk,</HI> between the &s;aid <HI>Yates</HI> then Complainant, and the &s;aid <HI>Alexander</HI> then Defendant; for proof of which Offence and Mi&s;demeanour again&s;t the &s;aid <HI>John Yates,</HI> the &s;aid late Plaintiff <HI>Alexander</HI> produced onely two Witne&s;&s;es, namely, <HI>Robert Warren</HI> Clerk, and <HI>John Warren</HI> his brother, who&s;e Depo&s;itions were openly read in Court; and the Depo&s;ition of the &s;aid <HI>Robert Warren</HI> was po&s;itive and direct, of his own knowledge; and the Depo&s;ition of the &s;aid <HI>John Warren</HI> was upon hear&s;ay: Yet the &s;aid <HI>Alexander,</HI> for his own advantage, had blotted out and defaced the copie of the Depo&s;ition of the &s;aid <HI>John Warren,</HI> taken in Court unto the 39 Interrogatory on the &s;aid <HI>Alexanders</HI> part, in the&s;e two words, <HI>viz.</HI> (<HI>that</HI> and <HI>did</HI>) and delivered the &s;ame copie of the &s;aid <HI>John Warrens</HI> Depo&s;iti|on to the &s;aid 39 Interrogatory, with the words (<HI>that</HI> and <HI>did</HI>) &s;o blotted out and defaced as afore&s;aid, to his Attorney in this honourable Court, to be read in Court upon the hearing of the &s;aid Cau&s;e, again&s;t the &s;aid <HI>John Yates,</HI> which was read accordingly; and by that means, the &s;aid De|po&s;ition of the &s;aid <HI>John Warren</HI> was made po&s;itive and ab&s;olute, as of his own knowledge: and thereupon this honourable Court, and all the
<PB N="2" REF="20">honourable Pre&s;ence here &s;itting, were much abu&s;ed and mi&s;led to give their Judgements and Opinions to &s;entence and condemn the &s;aid <HI>John Yates</HI> for that Offence of threatning and terrifying of Witne&s;&s;es, and for the &s;ame to fine him the &s;aid <HI>Yates</HI> to pay to his Maje&s;ties u&s;e 100 Marks, and to be committed to the pri&s;on of the Fleet, and the Warden of the Fleet had thereupon taken him into his cu&s;todie accordingly: But, upon the ri&s;ing of the Court, that day the Sollicitour of the &s;aid Defendant <HI>Yates</HI> &s;hewed to the Right honourable the Lord Keeper the Paper-copie of the &s;aid <HI>John Warrens</HI> Depo&s;ition, which the &s;aid Defendant had out of this Court, wherein the &s;aid words (<HI>that</HI> and <HI>did</HI>) were fair written, and &s;tood in the &s;aid Depo&s;ition to the &s;aid 39 Interrogatory without blotting, defacing or interlineation; whereby it plainly appeared to his Lord&s;hip, the &s;aid Depo&s;ition to be but upon hear&s;ay: His Lord&s;hip thereupon ac|quainted all the honourable Pre&s;ence therewith in the inner-chamger, and, with all their Lord&s;hips con&s;ents, re&s;pited the entrie of the &s;ame Sen|tence, and ordered that the originall Depo&s;ition &s;hould be brought into the Court, the next &s;itting-day to be peru&s;ed, &s;een and viewed by all their Lord&s;hips, and thereupon to give their Order and Sentence; and in the mean time the &s;aid <HI>Yates</HI> was &s;et at liberty, and di&s;charged of his impri&s;on|ment: Whereupon, the Paper-copie of the &s;aid <HI>John Warrens</HI> Depo&s;ition being obtained by Ma&s;ter <HI>Jones,</HI> being Attorney for the &s;aid <HI>Alexander</HI> in that Cau&s;e, from his the &s;aid <HI>Alexanders</HI> Clerk that carried his Books, was forthwith &s;hewed by the &s;aid Ma&s;ter <HI>Jones</HI> to the Right honourable the Lord Keeper, and other the Lords then pre&s;ent, wherein the &s;aid two words (<HI>that</HI> and <HI>did</HI>) were defaced and blotted out of the &s;aid <HI>John War|rens</HI> Depo&s;ition to the 39 Interrogatory; which had been openly read in Court, and mi&s;led the Court to &s;entence as afore&s;aid, and by that means his Depo&s;ition was made po&s;itive and ab&s;olute, as of his own knowledge; whereas by the &s;aid Defendants copie of the &s;aid Depo&s;ition, fir&s;t &s;hewed to his Lord&s;hip, with the words (<HI>that</HI> and <HI>did</HI>) fair written therein, was upon hear&s;ay. Shortly afterwards, <HI>viz.</HI> before two of the clock that af|ternoon, the &s;aid Ma&s;ter <HI>Alexander</HI> came to <HI>Grayes</HI>-Inne, to the &s;aid Ma&s;ter <HI>Jones</HI> his chamber there, and then and there, in pre&s;ence and hearing of Ma&s;ter <HI>Hooker</HI> one other of the Attorneys of this honourable Court, in great perplexity, as it then &s;eemed, fell into &s;ome pa&s;&s;ions, &s;aying, <HI>What an infortunate man am I! What will become of me?</HI> And then being deman|ded by Ma&s;ter <HI>Hooker</HI> and Ma&s;ter <HI>Jones,</HI> Of whom he had or received his copies of the &s;aid Depo&s;itions, (whereof that was one) an&s;wered, He could not tell whether he had received it from the Examiner or from <HI>Hen|ry Nevile</HI> Ma&s;ter <HI>Jones</HI> his Clerk, with many bitter and heavie imprecati|ons and oaths, vowing and prote&s;ting, He knew not of the blotting out of tho&s;e words or altering the copie, and that the copies were as he fir&s;t re|ceived them. Whereupon, the &s;aid <HI>Alexander,</HI> Ma&s;ter <HI>Jones</HI> and Ma&s;ter <HI>Hooker</HI> went all together into the Examiners Studie of this Court, to &s;ee the Record of the originall Depo&s;ition of the &s;aid <HI>John Warren</HI> to the &s;aid 39 Interrogatory on his part; which being &s;hewed unto him by the Exa|miner, the Record was fair and plain, with the words (<HI>that</HI> and <HI>did</HI>) there|in, written, with the hand-writing of Ma&s;ter <HI>Gay</HI> the Examiner, who died in <HI>August</HI> la&s;t. Hereupon the &s;aid Ma&s;ter <HI>Alexander</HI> u&s;ed the like &s;peeches as before he had done in Ma&s;ter <HI>Jones</HI> his Studie, and &s;o departed. Yet
<PB N="3" REF="20">afterwards the &s;aid <HI>Alexander,</HI> de&s;irous and plotting how to excu&s;e him&s;elf of defacing and blotting out of the &s;aid two words (<HI>that</HI> and <HI>did</HI>) out of the copie of the &s;aid Depo&s;ition, and to lay and fix it upon the &s;aid <HI>Henry Nevile,</HI> one of Ma&s;ter <HI>Jones</HI> his Clerks, on the morrow after, being the 26 day of <HI>October</HI> la&s;t, came into the Star-Chamber-Office in <HI>Grayes</HI>-Inne, and, before <HI>Matthew Goade</HI> E&s;quire, Deputie-Clerk of this Court, being &s;worn upon the holy Euangeli&s;ts, did make a voluntary Oath and Affida|vit, That he, having retained Ma&s;ter <HI>Jones</HI> for his Attorney, and <HI>Henry Nevile</HI> his Clerk, to take care and &s;ollicite his &s;aid Suit: and the Cau&s;e coming to publication, the &s;aid <HI>Nevil</HI> undertook to procure for him, the &s;aid <HI>Alexander,</HI> the copies of the &s;aid Depo&s;itions taken in that Cau&s;e, and for that purpo&s;e received not onely the Fees and Duties for &s;uch copies as he procured for him the &s;aid <HI>Alexander,</HI> but likewi&s;e had extraordinary re|ward and &s;atisfaction for his pains therein; and that the &s;aid <HI>Nevile</HI> went with him the &s;aid <HI>Alexander</HI> to the Examiners Office of the Court, and there procured other copies of Depo&s;itions belonging to this Cau&s;e, which were delivered to the &s;aid <HI>Alexander</HI> in the pre&s;ence of the &s;aid <HI>Nevile,</HI> among&s;t which was contained the Depo&s;ition of the &s;aid <HI>John Warren:</HI> That done, he repaired with the &s;aid Books to Ma&s;ter <HI>Hud&s;on,</HI> being of his coun&s;el, to be advi&s;ed, and to peru&s;e the &s;ame Depo&s;itions: All which Depo&s;itions being peru&s;ed accordingly, as well of the &s;aid <HI>John Warren</HI> as the re&s;t, and his &s;aid Coun&s;el conceiving the &s;aid <HI>John Warrens</HI> to the 39 Interrogatory to be &s;omething doubtfull, he made a mark in the Margent thereof, and wi&s;hed the &s;aid <HI>Alexander,</HI> for his better &s;atisfaction, to go and get the &s;ame examined in the office, to &s;ee if the &s;ame Depo&s;ition were truely copied; and that accordingly the &s;aid <HI>Alexander</HI> repaired therewith to the &s;aid <HI>Nevile,</HI> and informed him what his Coun&s;ell had directed for examining the copie; and the &s;aid <HI>Nevile</HI> took the &s;aid Depo&s;ition of the &s;aid <HI>Alexander,</HI> and carried it to the Examiners Office: but the Examiner not being within, the &s;aid <HI>Alexander</HI> did leave the &s;aid copie of the &s;aid Depo&s;ition with the &s;aid <HI>Nevile</HI> to be examined, promi&s;ing him &s;atisfacti|on and content for his pains: and &s;hortly after, the &s;aid <HI>Alexander</HI> called to the &s;aid <HI>Nevile</HI> for the &s;ame, who told him, That he had examined the &s;aid <HI>Warrens</HI> Depo&s;ition in that point with the Originall, and that he had then made it to agree with the Record, and &s;o delivered the &s;ame back again to the &s;aid <HI>Alexander,</HI> with the two words (<HI>that</HI> and <HI>did</HI>) ra&s;ed in the &s;aid <HI>Warrens</HI> Depo&s;ition, as it now was in the &s;aid copie; and after that, the &s;aid <HI>Alexander</HI> gave him &s;atisfaction for his pains and &s;earch. And the &s;aid <HI>Alexander</HI> depo&s;ed and prote&s;ted upon his Salvation, That the &s;aid &s;everall words (<HI>that</HI> and <HI>did</HI>) were in the &s;aid <HI>Warrens</HI> Depo&s;ition fair writ|ten, when he delivered the &s;ame to the &s;aid <HI>Nevile;</HI> and that the &s;aid words were ra&s;ed and blotted out, as they then were, when he received the &s;ame back again from the &s;aid <HI>Nevile,</HI> &s;hewing the &s;ame to the &s;aid Ma&s;ter <HI>Alex|ander,</HI> and &s;aid, That he had made it to agree with the Record. And the &s;aid <HI>Alexander</HI> prote&s;ted and affirmed, That the &s;ame was not altered or blotted out, either by him or any other to his knowledge, other then by the &s;aid <HI>Nevile</HI> as afore&s;aid. And the &s;aid <HI>Alexander</HI> depo&s;ed, That the &s;aid <HI>Nevile</HI> was tru&s;ted with the charge and care of the &s;aid Cau&s;e: and having taken upon him to draw the Bill, and part of the Interrogatory, and took upon him the &s;olliciting and managing of the &s;aid Cau&s;e, and over
<PB N="4" REF="21">and be&s;ides what he had received, he moved the &s;aid <HI>Alexander</HI> to pro|mi&s;e him further &s;atisfaction after the hearing of the Cau&s;e. At which next &s;itting, being the 27 of <HI>October</HI> la&s;t (according to the &s;aid Order) was brought into this honourable Court the Record of the originall Depo&s;i|tion of the &s;aid <HI>John Warren,</HI> taken upon the &s;aid 39 Interrogatory, and was &s;een, read and peru&s;ed by this honourable Court, wherein the &s;aid two words (<HI>that</HI> and <HI>did</HI>) were fair written, without any blotting, defacing or interlineation; and thereupon the &s;aid Ma&s;ter <HI>Jones</HI> made humble &s;uit to this honourable Court, that he might be &s;worn in open Court, for the clearing of him&s;elf of any manner of &s;u&s;picion, or the lea&s;t touch that might have been imputed unto him thereabouts; who was &s;worn accor|dingly, and upon his Oath delivered, That, to his uttermo&s;t knowledge, he never &s;aw the &s;aid Paper-copie of the &s;aid <HI>John Warrens</HI> Depo&s;ition, be|fore it was put into his hands to be read, at the hearing of the Cau&s;e the la&s;t Sitting before. Whereupon, all the honourable Pre&s;ence openly pronounced the &s;aid Ma&s;ter <HI>Jones</HI> to be innocent and clear from the lea&s;t &s;u&s;picion of being privie or con&s;enting to the &s;aid blotting or defacing of the &s;aid copie. And the &s;aid <HI>Henry Nevile</HI> being then likewi&s;e pre&s;ent, humbly petitioned this honourable Court, that he him&s;elf, and the &s;aid <HI>Alexander</HI> al&s;o, might be both &s;worn upon their corporall Oaths in open Court, and examined upon Interrogatories or otherwi&s;e, touching the de|facing and blotting out of the &s;aid words (<HI>that</HI> and <HI>did</HI>) and al&s;o that the &s;aid Ma&s;ter <HI>Hooker</HI> might be likewi&s;e &s;worn to declare upon his oath what he could &s;ay, for di&s;covery of the truth touching the matter afore&s;aid: all which were &s;worn in open Court accordingly. Whereupon, and upon publike reading of the &s;aid <HI>Alexanders</HI> Affidavit in open Court, wherein and &s;ome Demands then made by the Court to the &s;aid <HI>Alexander,</HI> there plainly appeared a repugnancie to truth; wherein he had catched him&s;elf, and di&s;covered his guiltine&s;&s;e of the &s;aid Offence. The Court was plea&s;ed to required the Lord chief Ju&s;tice of the Kings Bench, and Ma&s;ter Ju&s;tice <HI>Dodderidge,</HI> both pre&s;ent in Court, to take the Examination of the &s;aid <HI>Alexander Nevile</HI> and Ma&s;ter <HI>Hooker</HI> touching the premi&s;es, who took great pains therein accordingly; and, by the earne&s;t &s;ollicitation of the &s;aid <HI>Nevile,</HI> on the &s;eventh day of this in&s;tant <HI>November,</HI> returned into this honourable Court their certificate of all their proceedings therein; which &s;aid certificate was openly read in Court upon the tenth day of this in&s;tant <HI>November:</HI> upon the reading whereof, and opening the points of the &s;ame certificate by Sir <HI>John Finch</HI> Knight, of coun&s;ell with the &s;aid <HI>Nevile,</HI> the Court was inclineable to be of opinion, that the &s;aid <HI>Alexander</HI> him&s;elf was the man that did blot out and deface the &s;aid two words (<HI>that</HI> and <HI>did</HI>) out of the &s;aid <HI>John Warrens</HI> Depo&s;ition, for his own advantage again&s;t the &s;aid late Defendant <HI>Yates:</HI> but for that the &s;aid <HI>Alexander</HI> was neither him&s;elf in this honourable Court in per&s;on, neither had any coun&s;el to &s;peak for him, the Court therefore did forbear to give any finall Sen|tence or Decree therein that day; but gave the &s;aid <HI>Alexander</HI> time untill the next &s;itting-day, to &s;hew cau&s;e (if any he had) by his coun&s;el or other|wi&s;e, why the Court &s;hould not proceed to &s;entence again&s;t him for that Mi&s;demeanour; or in default thereof, the Court intended to proceed to &s;entence the next &s;itting-day, at which time the &s;aid <HI>Alexander</HI> was ordered to be pre&s;ent at the Bar in per&s;on. Now this day was read in open Court
<PB N="5" REF="21">an Affidavit of <HI>Charles Bag&s;haw</HI> Gentleman, That he had done his be&s;t en|deavour to &s;erve the &s;aid <HI>Jerome Alexander</HI> with the &s;aid Order, and to give him notice thereof; for which purpo&s;e, he had &s;ought him at his cham|ber at <HI>Lincolns</HI>-Inne, and given unto his boy or Clerk (whom he found in his &s;aid chamber) a true copie of the &s;aid Order: and the &s;aid <HI>Nevile</HI> him|&s;elf offering to be depo&s;ed, That he did, at the late Lord chief Ju&s;tices, give the &s;aid <HI>Alexander</HI> him&s;elf warning to attend the Court at his perill: All which notwith&s;tanding, the &s;aid <HI>Alexander</HI> made default, and had withdrawn him&s;elf (as was now informed in this honourable Court.) Whereupon was read again, in open Court, the &s;aid <HI>Alexanders</HI> Affidavit, and the &s;aid Certificate of the &s;aid Lord chief Ju&s;tice and Ma&s;ter Ju&s;tice <HI>Dodderidge:</HI> Upon the reading whereof, and opening of all the parts and points thereof by Sir <HI>John Finch</HI> Knight, and Sir <HI>Heneage Finch</HI> Knight, Recordeer of <HI>London,</HI> both of coun&s;el with the &s;aid <HI>Henry Nevile</HI> (who was pre&s;ent in Court him&s;elf, to &s;tand to Ju&s;tice) it plainly appeared to this mo&s;t honourable Court, a&s;well by divers apparant contrarieties between the &s;aid <HI>Alexanders</HI> Affidavit aforementioned and his Examination taken upon his Oath before the &s;aid Judges, as by divers other pregnant rea&s;ons and circum&s;tances, conducing to prove him guilty of this great offence; and al&s;o by the te&s;timony of <GAP DESC="blank" RESP="OXF" EXTENT="1 word"> <HI>Cook</HI> Gentleman, &s;worn in open Court, who upon his corporall Oath depo&s;ed, That the &s;aid <HI>Alexander</HI> had formerly been taken very foul in his own cau&s;e, in the &s;ame kinde or wor&s;e, at a Tryall in the countie of <HI>Norfolk,</HI> at an A&s;&s;izes holden at <HI>thet|ford,</HI> before the &s;aid Ma&s;ter Ju&s;tice <HI>Dodderidge</HI> (who bound him to the good behaviour for his offence then committed) And for that al&s;o the &s;aid <HI>Alexander</HI> was fled, and dur&s;t not abide Judgement, as the &s;aid <HI>Ne|vile</HI> did, who pro&s;ecuted him for that offence; this honourable Court was clear of opinion, that the &s;aid <HI>Alexander</HI> him&s;elf was guilty of that foul Mi&s;demeanour and Offence of defacing and blotting out of the &s;aid two words (<HI>that</HI> and <HI>did</HI>) out of the copie of the &s;aid <HI>John Warrens</HI> Depo&s;ition, for his own advantage and ends again&s;t the &s;aid <HI>Yates,</HI> whereby this ho|nourable Court was mi&s;led in their judgements, in cen&s;uring and condem|ning the &s;aid <HI>Yates,</HI> as afore is declared: And have therefore Ordered, Adjudged and Decreed the &s;aid <HI>Jerome Alexander,</HI> for his &s;aid foul Of|fence and Mi&s;demeanour, well worthy of &s;harp and &s;evere Puni&s;hment for the &s;ame; and that he &s;hall be utterly di&s;abled to practice as a Coun&s;el|lour at Law, publikely at the Bar or privately in his chamber; holding him not worthy to be of the Society of <HI>Lincolns</HI>-Inne, whereof he was a mem|ber, have therefore left him to the con&s;ideration of the Governours of that Hou&s;e, and to pay a Fine of 500^l. to His Maje&s;ties u&s;e, be commit|to the Pri&s;on of the Fleet; and before his enlargement out of pri&s;on, &s;hall publikely, at the Bar of thisCourt, in humble and &s;ubmi&s;&s;ive man|ner, acknowledge his great offence again&s;t God and this honourable Court, and &s;hall &s;hew him&s;elf very penitent and &s;orrowfull for the &s;ame. And this honourable Court pronouncing the &s;aid <HI>Nevile</HI> to be clear and free from committing or being privie to the committing of the &s;aid Of|fence of blotting out the words of the copie afore&s;aid, and gravely con&s;idering the great trouble, lo&s;&s;e, damage and danger which the &s;aid <HI>Nevile</HI> hath been put unto, for clearing of his credit and reputation in his &s;ervice to the Court, in defence of his own innocencie in this cau&s;e, and
<PB N="6" REF="22">in pro&s;ecuting and bringing to cen&s;ure the &s;aid <HI>Alexander</HI> for the &s;ame his great Offence and Mi&s;demeanour, Have therefore further Ordered, Ad|judged and Decreed, That the &s;aid <HI>Jerome Alexander</HI> &s;hall &s;atisfie and pay to the &s;aid <HI>Henry Nevile,</HI> for and towards his lo&s;&s;e and damage in that be|half, the Sum of 50^l. of lawfull money of <HI>England.</HI></P>
<CLOSER><SIGNED><HI>Jo. Arthur</HI> Dep.</SIGNED>
<POSTSCRIPT>
<P>Thomas Talbot <HI>of</HI> London, <HI>Gent. doth depo&s;e, That this Writing is a true copie of the Record of the Sentence therein mentioned, being exami|ned by the Record by me the &s;aid</HI> Thomas Tallbot.</P>
</POSTSCRIPT>
<DATE>Jurat. 5 die Maii, 1642.</DATE>
<SIGNED>Ro. Riche.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="text">
<HEAD><HI>EXCEPTIONS</HI> taken by the &s;aid <HI>Jerome Alexander</HI> E&s;q; unto the Di&s;|mi&s;sion, Decree and Proceeding of the Court of Star-Chamber again&s;t him, touching the &s;aid pretended blotting out of the&s;e two words (<HI>that</HI> and <HI>did</HI>) in the Paper-copie of one <HI>John Warrens</HI> Depo&s;ition, taken in the Cau&s;e wherein he was Plaintiff in the &s;aid Court again&s;t <HI>John Yates</HI> and others Defendants: <HI>In anno &s;ecundo</HI> Caroli <HI>Regis.</HI></HEAD>
<P><HI>Fir&s;t, again&s;t the Di&s;mi&s;sion:</HI></P>
<P N="1">1 THat it was given again&s;t him, notwith&s;tanding good cau&s;e and proof appearing within the Books to have &s;entenced the Defendant <HI>Yates</HI> for that offence of terrifying of Witne&s;&s;es and tampering with them, albeit <HI>John Warrens</HI> Depo&s;ition to the nine and thirtieth Article had been wholly &s;et a&s;ide; and albeit <HI>John Warren,</HI> in his Depo&s;ition to other Articles, proves in effect the &s;aid <HI>Yates</HI> guilty of the &s;aid offence.</P>
<P N="2">2 That albeit <HI>Yates,</HI> upon the &s;aid Hearing, was once fined for the &s;aid Offence; yet he was afterwards di&s;mi&s;&s;ed, when &s;ufficient matter thus appeared again&s;t him.</P>
<P N="3">3 That the Di&s;mi&s;&s;ion was given, and co&s;ts awarded again&s;t him, when he had proved &s;ome part of his complaint again&s;t &s;ome other of the Defendants be&s;ides <HI>Yates,</HI> who dying before the hearing thereof, e&s;ca|ped a cen&s;ure: for which cau&s;e (the act of God onely intervening) he ought to have had his co&s;ts, and not paid co&s;ts.</P>
<P N="4">4 That this Di&s;mi&s;&s;ion was given, when it appeared to the Court by &s;o much of the cau&s;es as was already heard, that he had <HI>probabilem cau&s;am litigandi;</HI> and therefore if he &s;hould have had no co&s;ts, ought by the cour&s;e of the Court to have paid no co&s;ts.</P>
<P N="5">5 That 130^l. Co&s;ts was taxed by the late Lord <HI>Coventry,</HI> then Lord Keeper, again&s;t him, whenas by the Bill of co&s;ts it doth appear, that they are very immoderate and extreme:</P>
<P N="1">1 Fir&s;t, by the &s;um and totall thereof, &s;ummoned up in the foot of the &s;aid Bill of co&s;ts, there appears to be 36^l. 10^s. or thereabouts, ca&s;t into the totall of the &s;aid Bill, more then <HI>(re vera)</HI> the &s;ame do amount unto, by the particulars of the &s;aid Bill; which mu&s;t of ne|ce&s;&s;ity be done, to give colour to tax and allow the more co&s;ts a|gain&s;t the Petitioner.</P>
<PB N="7" REF="22">
<P N="2">2 That there is 76^l. 10.4. &s;et down for the Defendants travelling, charges, and &s;ometimes 8^l. and 12^l. and more in a Term, when in all that time, after the appearance and an&s;wers put in, their cau&s;e was commonly followed by their Agent and Attorney, who have their Fees allowed them in the Bill of co&s;ts be&s;ides.</P>
<P N="3">3 That in the Bill of co&s;ts 40^l. and more is &s;et down at lea&s;t, for coun|&s;el-Fees in nine Terms, and &s;ometimes 12^l. in a Term; when, by the ordinary Rules of the Court, the Defendants &s;hould have had allow|ed but one coun&s;el in every of the&s;e nine Terms, and but 10^s. a Fee in every Term; for, what is given more, is of the clients own &s;uper|fluity, and not to have been charged upon him: So there is 116^l. 10^s. and more &s;et down for travelling, charges and coun&s;el-Fees.</P>
<P><HI>Secondly, again&s;t the Sentence:</HI></P>
<P>That it is illegal and without foundation, for the matter and manner of the &s;aid Sentence: be&s;ides, That the Paper-copie of that Depo&s;ition in which the words are &s;uppo&s;ed to be blotted he could never &s;ee to this day, to be &s;atisfied that it was &s;o; it being taken from his &s;ervant in his ab&s;ence: nor had he peru&s;ed it of neer three yeers before that time, but were with his Sollicitour attending for a hearing.</P>
<P><HI>Fir&s;t, for the matter of it.</HI></P>
<P>It is alleadged in the Sentence to be done by him for his own advan|tage; which is not &s;o:</P>
<P N="1">1 Becau&s;e it appears he had no need to help the te&s;timony of that Wit|ne&s;&s;e by &s;o indirect a cour&s;e, becau&s;e it appears clearly in the Books, that there is &s;ufficient te&s;timony be&s;ides, for the proof of that Charge.</P>
<P N="2">2 It cannot be pre&s;umed that he, who had <HI>probabilem cau&s;am litigandi,</HI> and therefore by the cour&s;e of that Court was to have paid co&s;ts, albeit the Defendant had not been fined, would commit a Mi&s;demeanour which would not redound any thing to his benefit.</P>
<P N="3">3 It cannot be pre&s;umed that he would have done that act, which mu&s;t of nece&s;&s;ity have been controlled by the Defendants copie then pre&s;ent in Court, and by the Record it &s;elf.</P>
<P N="4">4 It cannot be pre&s;umed any &s;uch act would have been done &s;o gro&s;ly, a mark of eminence being made in the Margent, which would have made the thing the more remarkable.</P>
<P><HI>Secondly,</HI> 1 Paper-copies of Depo&s;itions and Records are not credited till be ju&s;tified for true copies upon Oath; which he never did do, as appears by the Sentence.</P>
<P N="2">2 The common-Law (and that Court of Star-chamber imitating the Law in that) have never puni&s;hed offences of this nature with more then the lo&s;&s;e of the fruit of that thing intended in it.</P>
<P N="3">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 <HI>Nevile</HI> his Sollici|tour in the cau&s;e had the Books and managing of the cau&s;e at the hear|ing, and delivered them to Ma&s;ter <HI>Jones</HI> his Ma&s;ter, and Atturney in the cau&s;e, to read.</P>
<P><HI>Thirdly,</HI> In all cau&s;es criminall, if the &s;uppo&s;ed Delinquent deny the fact, there ought to be no proceeding without Bill, or Information, An&s;wer and Examination of Witne&s;&s;es, &s;o that the party may make his De|fence in this ca&s;e: He did upon his Oath deny the fact objected, yet
<PB N="8" REF="23">the Court proceeded without Information, Bill, An&s;wer or Examinati|on of Witne&s;&s;es, whereby he lo&s;t the be benefit of making his ju&s;t De|fence.</P>
<P><HI>Fourthly, again&s;t the ground of the Sentence,</HI> viz. <HI>the proof of the fact objected.</HI></P>
<P N="1">1 Fir&s;t, he did upon his Oath deny the fact, and there is no proof at all, either by confe&s;&s;ion, depo&s;ition or otherwi&s;e, to convince him.</P>
<P N="2">2 That te&s;timonie which is produced is then &s;uch, upon whom the crime mu&s;t have fallen in ca&s;e he were not guilty, &s;o that te&s;timony onely ten|ded to purge &s;uch as depo&s;ed it, <HI>Nevil</HI> him&s;elf.</P>
<P N="3">3 That M. <HI>Alexander,</HI> again&s;t all ordinary proceedings of Ju&s;tice, after he had purged him&s;elf upon his Oath, was again enforced to be &s;worn and reexamined upon his Oath, to have accu&s;ed him&s;elf; and this his reex|amination pre&s;&s;ed again&s;t him in the Sentence, again&s;t the truth thereof.</P>
<P N="4">4 Matters extrajudicial and diver&s;e from the thing in que&s;tion, is recei|ved and depo&s;ed again&s;t him, and inverted in the Sentence, contrary to all ordinary Rules of proceeding, and to the truth it &s;elf.</P>
<P><HI>Fifthly, again&s;t the &s;entence it &s;elf.</HI></P>
<P N="1">1 It is given again&s;t him without any legal notice, and in his ab&s;ence, nece&s;&s;itated upon reall occa&s;ions, whereby he was di&s;abled to make his Defence.</P>
<P N="2">2 It was interlaced with divers &s;candalous and impertinent &s;ugge&s;tions, thereby to render him cau&s;le&s;ly odious, and with &s;ome untrue &s;urmi&s;es, <HI>viz.</HI> of proof of the crime, and of contradiction in his Examinations; neither of which are &s;o.</P>
<P N="3">3 In ca&s;e the Proceedings had been legal, and the Fact had been proved; yet the Sentence is exce&s;&s;ive:</P>
<P N="1">1 Exci&s;&s;ive, in re&s;pect he had &s;uffered before, <HI>viz.</HI> the rever&s;all of a Sentence pronounced for him, and taxing of 130 <HI>l.</HI> co&s;ts to the Defendant.</P>
<P N="2">2 Exce&s;&s;ive in it &s;elf, di&s;abling him to u&s;e his profe&s;&s;ion, either publike|ly at the Bar, or privately in his chamber.</P>
<P N="3">3 Fining him 500 <HI>l.</HI> to His Maje&s;tie.</P>
<P N="4">4 In adjudging him to Impri&s;onment till he &s;hould make a publike Submi&s;&s;ion in Court, and confe&s;&s;e him&s;elf guilty of the Offence whereof he was innocent.</P>
<P N="5">5 In inviting his expul&s;ion out of the Society of <HI>Lincolns</HI>-Inne, where|of he was a Member; which thereupon was done, and his cham|ber &s;eized and taken from him, for no other cau&s;e.</P>
<P N="6">6 In giving 50 <HI>l.</HI> damages to <HI>Nevile,</HI> who was the wrong-doer, and guilty of the &s;aid Offence.</P>
<P><HI>Sixthly, again&s;t the Proceedings after the Sentence.</HI></P>
<P N="1">1 That the Fine was pa&s;&s;ed under the Great Seal to one Ma&s;ter <HI>Humfrey Fulwood,</HI> then Ma&s;ter Secretary <HI>Cokes</HI> &s;ervant, and the greate&s;t part of it paid without &s;uch In&s;talment as is u&s;ually allowed of cour&s;e in &s;uch ca&s;es,</P>
<P N="2">2 That by means of the late Lord <HI>Coventry,</HI> then Lord Keeper of the Great Seal of <HI>England,</HI> his great adve&s;ary, and of the late Earl of <HI>Straf|ford,</HI> as ill affected to him; His Maje&s;ties Grace and Favour for pardon, being then all the means left to give him being in the world, was conti|nually interrupted and kept from him, that by many yeers &s;ollicitation
<PB N="9" REF="23">of hisfriends in his ab&s;ence in <HI>Ireland,</HI> and of many noble Per&s;onages at Court, it could not be obtained. And when at length his father in law, with much ado, prevailed with His Maje&s;tie for it; yet the &s;aid Lord <HI>Coventry</HI> &s;o prevailed with His Maje&s;tie, that he cau&s;ed a Conditi|on to be in&s;erted in it, That he &s;hould not have liberty to u&s;e his Pro|fe&s;&s;ion here in this Kingdom, to put him out of all hopes of returning; well knowing that he was re&s;olved to que&s;tion his inju&s;tice, whereof there needed little other proof then the very Sentence it &s;elf.</P>
<DIV2 TYPE="account">
<HEAD>Then, to make good the&s;e Exceptions, I &s;hall take the Sentence a&s;under and in Parts, and &s;o proceed to &s;hew the apparant Inju&s;tice done to Ma&s;ter <HI>Alexander</HI> by it, and the Errours and Irregularity thereof.</HEAD>
<DIV3 TYPE="part">
<Q>1. <HI>THis day came to be heard, by &s;pecial Order of this honourable Court of the</HI> 10 <HI>of this in&s;tant</HI> November, <HI>a very foul Offence, Practice and Mi&s;de|meanour of the</HI> Jerome Alexander <HI>an Utter-Barrester at the Law, and late Plain|tiff in this honourable Court again&s;t</HI> John Yates <HI>and others, late Defendants: which Cau&s;e was heard in open Court on the</HI> 25 <HI>of</HI> October <HI>last: At the hearing of which Cau&s;e, the main wherewith the &s;aid</HI> Yates <HI>&s;tood charged, was, The threatning and terrifying of Witne&s;&s;es which the &s;aid</HI> Alexander <HI>was to produce ac a former Triall of</HI> Ni&s;i Prius <HI>in the Countie of</HI> Norfolk, <HI>between him the &s;aid</HI> Yates <HI>then Plaintiff, and the &s;aid</HI> Alexander <HI>then Defendant.</HI> <BIBL>Sentence fol.1.</BIBL></Q>
<P>In this fir&s;t ob&s;erve, The Sentence is given &s;o &s;oon as 'tis begun; and before any matter &s;hown to prove the Fact, Ma&s;ter <HI>Alexander</HI> is pronoun|ced guilty of a foul Offence, Practice and Mi&s;demeanour; according to that Rule of <HI>Matchiavil,</HI> who advi&s;eth to ca&s;t dirt enough in the face, and &s;ome will &s;tick; to &s;candalize with many Reproaches, and the party, though never &s;o innocent, &s;hall not go away without &s;ome &s;tain in his Reputation. Nor was the &s;aid <HI>Yates</HI> his threatning and terrifying of Wit|ne&s;&s;es therein mentioned the main wherewith the &s;aid <HI>Yates</HI> &s;tood charged in that Suit wherein Ma&s;ter <HI>Alexander</HI> was Plaintiff again&s;t the &s;aid <HI>Yates</HI> and others Defendants, as the &s;aid Sentence unju&s;tly recites; but the &s;aid <HI>Yates,</HI> in that Suit, was likewi&s;e charged with Subnornation of Perju|ry and Imbracery as well with that Charge, and which &s;tands proved again&s;t him in that Suit.</P>
<P>To make this appear, you &s;hall under&s;tand, that in <HI>Ea&s;ter</HI>-Term, 19 <HI>Ja|cobi,</HI> Ma&s;ter <HI>Alexander</HI> preferred his Bill of Complaint in that Court of Star-Chamber again&s;t <HI>Owen Godfrey</HI> E&s;quire, for Perjury; <HI>John Yates,</HI> for &s;ubornation of Perjury, and for embracing of Jurors, and for tampering with and terrifying of Witne&s;&s;es; and again&s;t <HI>Allan Lampkin, William Wacy</HI> and <HI>John Lawrence,</HI> Jurors by <HI>Yates</HI> embraced.</P>
<P>The Bill &s;ets forth, that, About the the 30 of <HI>April, anno</HI> 14 <HI>Jacobi,</HI> Ma|&s;ter <HI>Alexanders</HI> father, then decea&s;ed, did, together with one <HI>Edward Oli|fer,</HI> and for his onely Debt, cau&s;e three Writings to be made, purporting Writings obligatory, with penalties of 10 <HI>l.</HI> apiece, mentioned to be
<PB N="10" REF="24">conditioned for the payment of 5 <HI>l.</HI> apiece to the &s;aid <HI>John Yates</HI> at three &s;everall days: which being written, &s;ub&s;cribed and &s;ealed by the &s;aid <HI>Oli|fer</HI> and Ma&s;ter <HI>Alexanders</HI> father, were delivered into the hands of one <HI>Christopher Kirby,</HI> with him to remain as E&s;crolls, with this intent, That if the &s;aid <HI>Yates</HI> &s;hould deliver up into the hands of the &s;aid <HI>Kirby</HI> one Ob|ligation of the penalty of 40 <HI>l.</HI> conditioned for the payment of 24 <HI>l.</HI> wherein the &s;aid <HI>Olifer</HI> &s;tood bound unto the &s;aid <HI>Yates,</HI> to be cancelled; that then the &s;aid <HI>Christoper Kirby</HI> &s;hould deliver the &s;aid three Writings into the hands of the &s;aid <HI>Yates,</HI> as the Acts and Deeds of the &s;aid <HI>Olifer</HI> and of Ma&s;ter <HI>Alexanders</HI> father; or otherwi&s;e not. And further &s;et forth, that the &s;aid <HI>Yates</HI> did never deliver up the &s;aid Bond of 40 <HI>l.</HI> into the &s;aid <HI>Kirby's</HI> hands to be cancelled, but refu&s;ed &s;o to do; and therefore the &s;aid three Writings remained as E&s;crolls and void. That &s;hortly after the &s;aid <HI>Kirby</HI> died; and after his decea&s;e, and after &s;uch time as the money was to have been paid, if the &s;aid Writings had taken effect, the &s;aid <HI>Yates,</HI> by &s;ome &s;ini&s;ter means, gains the &s;aid three Writings into his hands, and put|teth the &s;ame in &s;uit again&s;t Ma&s;ter <HI>Alexanders</HI> father, as if they had been his Deeds; who pleaed this e&s;pecial matter, and concluded <HI>non &s;unt fa|cta:</HI> Whereupon, i&s;&s;ue was joyned; but before the Triall Ma&s;ter <HI>Alex|anders</HI> father died, and made his &s;aid &s;on his &s;ole Executor, who proved the Will; and after, <HI>Yates</HI> commenced Suit again&s;t him as Executor to his father, upon the &s;aid three Writings; to which Ma&s;ter <HI>Alexander</HI> pleaded the &s;ame plea as his father had done before: And i&s;&s;ue being joyned, the &s;aid <HI>Yates</HI> had three &s;everall times taken out the Record of <HI>Ni&s;i prius,</HI> and warned Ma&s;ter <HI>Alexander</HI> to a Triall, which he attended, to his ex|treme charge; but &s;till <HI>Yates</HI> dur&s;t not trie it: Then Ma&s;ter <HI>Alexander</HI> took forth the Record, to trie it by <HI>Provi&s;o;</HI> when the &s;aid <HI>Yates</HI> had &s;ecretly ta|ken the &s;ame Record out al&s;o: And now a&s;&s;uring him&s;elf that Ma&s;ter <HI>A|lexander</HI> would be &s;ecure, fir&s;t, before the &s;aid A&s;&s;izes, the &s;aid <HI>Yates,</HI> the more for to colour over the matter, laboured to have the differences put to arbitration: which being conde&s;cended unto, the Arbitratours met, and heard the differences; but did make no end: and pre&s;ently after|wards, <HI>Yates</HI> endeavoured to have &s;tollen a Triall of the &s;aid Cau&s;e, be|fore Ma&s;ter <HI>Alexander</HI> and his Witne&s;&s;es &s;hould have come to Town, where the A&s;&s;izes were kept; and the &s;aid <HI>Yates</HI> accordingly procured the &s;ame Cau&s;e to be called upon within an hour or two after Ma&s;ter <HI>Alexan|der</HI> came to the Town, altogether unexpected to Ma&s;ter <HI>Alexander:</HI> and the Cau&s;e &s;o coming to a Triall, and the I&s;&s;ue being, Whether the &s;aid three Writings were delivered as the Deeds of the &s;aid <HI>Olifer</HI> and Ma&s;ter <HI>Alexanders</HI> father ab&s;olutely, or as E&s;crolls; Ma&s;ter <HI>Alexander</HI> produced five &s;everall Witne&s;&s;es, tho&s;e who&s;e names were &s;ub&s;cribed as Witne&s;&s;es to the &s;aid Writings, as others al&s;o pre&s;ent at the making and delivery of them to <HI>Kirby;</HI> and one of them being a reverend Preacher and the maker of the Writings, and the re&s;t Gentlemen of good rank and quality; all which proved fully and clearly, that the &s;ame three Writings were deli|vered as E&s;crolls, in &s;uch manner as Ma&s;ter <HI>Alexander</HI> had pleaded: A|gain&s;t which <HI>Yates</HI> did produce the &s;aid <HI>Owen Godfrey,</HI> who notwith&s;tan|ding did depo&s;e and &s;wear, that the &s;ame three Writings were delivered ab&s;olutely, without any condition. And albeit it was further proved by Ma&s;ter <HI>Alexander,</HI> that the &s;aid Ma&s;ter <HI>Godfrey</HI> was not pre&s;ent in the place
<PB N="11" REF="24">when and where the &s;ame were &s;o delivered as E&s;crolls, yet upon his one|ly Te&s;timony this <HI>Lampkin, Wacy</HI> and <HI>Lawrence,</HI> being &s;worn upon the &s;aid Jury, and friends to <HI>Yates,</HI> and by him embraced beforehand, did draw all the re&s;t of the Jurours to give a Verdict thereupon, for <HI>Yates,</HI> again&s;t Ma&s;ter <HI>Alexander,</HI> and again&s;t the truth: For which Perjury and Subor|nation and Embracery, and for <HI>Yates</HI> his tampering with and terrifying of Ma&s;ter <HI>Alexanders</HI> Witne&s;&s;es, to have made them &s;ilence the truth, were the Charges of Ma&s;ter <HI>Alexanders</HI> Bill, and cau&s;es of his Complaint.</P>
<P>In <HI>Trinity</HI>-Term, 19 <HI>Jacobi,</HI> the Defendants an&s;wered.</P>
<P>In <HI>Easter</HI>-Term, 20 <HI>Jacobi,</HI> Publication pa&s;&s;ed.</P>
<P>In <HI>Michaelmas</HI>-Term, 20 <HI>Jacobi,</HI> the Cau&s;e was &s;et down for hearing.</P>
<P>In <HI>Michaelmas</HI>-Term, 2 <HI>Caroli,</HI> the Cau&s;e came to be heard.</P>
<P>And thus it &s;tood neer four yeers at hearing before it was heard; &s;o hard a matter it was, in tho&s;e days, to procure a hearing in that Court.</P>
<P>Then, to prove this matter of the delivery of the three Writings in manner and form as Ma&s;ter <HI>Alexander</HI> hath alleadged, and con&s;equently, the direct Perjury of the &s;aid Ma&s;ter <HI>Owen Godfrey,</HI> &s;ee <HI>Robert Warren</HI> Clerk, <HI>li. A. fol.</HI> 23. to the 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 Interrogatories, who proveth it in the&s;e words:</P>
<P>That he was at the Pri&s;on kept by <HI>Christopher Kirby</HI> in <HI>Fakenham,</HI> upon the 30 of <HI>April,</HI> in the 14 yeer of His Maje&s;ties Reign (which was the 14 yeer of the Reign of King <HI>James</HI>) the Depo&s;itions being taken in his Reign) this Deponent being then in Durance in the &s;aid Pri&s;on) in the morning of which day the &s;aid <HI>Christopher Kirby</HI> came to him this Depo|nent into the chamber where this Deponent lodged, and gave him this Deponent In&s;tructions to make and write four Writings, in three whereof the &s;aid <HI>Edward Olifer</HI> and one <HI>Jerome Alexander</HI> father unto the now Complainant, were to &s;tand bound unto the &s;aid <HI>Yates</HI> in the penalty of ten pounds apiece, for the payment of five pounds apiece, at three &s;everall days in the Conditions of the &s;aid Bonds of Writings &s;pecified, and the fourth of the &s;aid Writings to be entred into by the &s;aid <HI>Olifer</HI> alone, in the like penalty of ten pounds, for the payment of five pounds to the &s;aid <HI>Yates</HI> at a certain day mentioned in the Condition of the &s;ame. And when he the &s;aid <HI>Christopher Kirby</HI> had given him this Deponent In&s;tructions for the making of the &s;aid Bonds, he willed him to make pre&s;ent di&s;patch of the writing of them, &s;o that, as he &s;aid, the Complainants father was to come that afternoon to &s;eal unto the &s;ame. And &s;aith, that when he this Depo|nent had made an end of writing the &s;aid Writings obligatory, and hear|ing that the &s;aid Complainants father was come into the hou&s;e, he this Deponent brought them down and delivered them to the &s;aid <HI>Kirby,</HI> whom this Deponent found in the Celler of the &s;aid hou&s;e, where the Complai|nants &s;aid father, and the &s;aid <HI>Edward Olifer,</HI> and one <HI>Robert Dye, Peter Browne</HI> and &s;ome others were. And he &s;aith, that the &s;aid Complainants father having peru&s;ed three of the &s;aid Writings wherein him&s;elf and the &s;aid <HI>Edward Olifer</HI> were to be bound, he the Complainants &s;aid father and the &s;aid <HI>Edward Olifer</HI> did &s;eal the &s;ame: and whiles they were en&s;ealing, it being reported that the &s;aid Defendant <HI>Owen Godfrey</HI> was come into the &s;aid hou&s;e, and was gone into the Parlour, the &s;aid Ma&s;ter <HI>Kirby</HI> made ha&s;te to go up to him; and being upon the Stayers, the &s;aid <HI>Jerome Alex|ander</HI> the Complainants father called to him and reque&s;ted him to &s;tay,
<PB N="12" REF="25">&s;aying, They would make an end ere they left: and thereupon the &s;aid <HI>Kirby</HI> came two or three &s;teps down the Stayers; and &s;taying there, the Complainants father and the &s;aid <HI>Edward Olifer</HI> delivered the &s;aid Wri|tings, the Complainants &s;aid father u&s;ing the&s;e words; <HI>Master</HI> Kirby, <HI>we deliver you the&s;e Writings to remain in your hands as E&s;crolls, upon condition, That if</HI> Yates <HI>&s;hall deliver into your hands a Bond wherein</HI> Edward Olifer <HI>&s;tan|deth bound to him in</HI> 40 l. <HI>to be cancelled; then the&s;e Writings &s;hall be our Deeds, otherwi&s;e not.</HI> With which manner of delivery the &s;aid <HI>Chri&s;toper Kirby</HI> found fault, and, u&s;ing to call the &s;aid <HI>Jerome Alexander</HI> Ma&s;ter, &s;aid, <HI>Ma&s;ter, I like not the&s;e conditionall-Deliveries; I pray let me have it otherwi&s;e.</HI> And the &s;aid Ma&s;ter <HI>Alexander</HI> replied, <HI>Choo&s;e whether you will have them or no, I will deliver them no otherwi&s;e; for unle&s;&s;e</HI> Yates <HI>deliver you the old Bond fir&s;t, he &s;hall have none of my Bonds;</HI> (or words to that effect) <HI>therefore I charge you that you keep the&s;e Writings in your hands untill that Bond be fir&s;t delivered:</HI> with &s;ome other words of committing a tru&s;t to him in that behalf. Which being done, and the &s;aid <HI>Christopher Kirby</HI> ha&s;ting to &s;ee the &s;aid <HI>Owen God|frey,</HI> he carried the &s;aid three Writings in his hands up the &s;aid Celler-&s;tayers, and thorow an Entry, and &s;o up to the upper end of the Hall in the &s;aid hou&s;e, neer towards the Parlour, he there delivered the &s;aid Wri|tings to him this Deponent, and reque&s;ted him to &s;et his hand to every of them as a Witne&s;&s;e, &s;aying, that the &s;aid <HI>Chri&s;topher Kirby</HI> &s;hould &s;et to his hand afterwards well enough. And this Deponent further &s;aith, That in the afternoon of the &s;ame day, after they had dined in the Parlour, he this Deponent brought down the &s;aid Writings, with this Deponents name &s;ub&s;cribed thereunto as a Witne&s;&s;e: and delivering them again to the &s;aid <HI>Chri&s;topher Kirby,</HI> being then in the &s;aid Parlour with the &s;aid <HI>Owen Godfrey,</HI> and the &s;aid <HI>Jerome Alexander</HI> the Complainants father, and one <HI>Matthew Lancaster, John Allen, Edward Olifer</HI> and &s;ome others: and this De|ponent laying the &s;aid Writings before him the &s;aid <HI>Chri&s;topher Kirby,</HI> &s;up|po&s;ing he would have &s;ub&s;cribed his name unto them, the &s;aid <HI>Chri&s;topher Kirby</HI> fir&s;t &s;pake to the &s;aid <HI>Owen Godfrey</HI> then &s;itting at the Table, and the Complainants &s;aid father on the bench by him; and having u&s;ed to call the Complainants &s;aid father &s;ometimes <HI>Noble Ma&s;ter,</HI> and &s;ometimes <HI>Wor|&s;hipfull friend,</HI> &s;pake to him by one of the&s;e terms, but which of them this Deponent now certainly remembreth not, and &s;aid, <HI>I would you would give us your hand to the&s;e Bonds,</HI> beginning to make relation of the bu&s;ine&s;&s;e in &s;ome other manner and terms then the delivery of the &s;aid Writings was done and performed, in &s;peaking to this effect, That the Complainants father and the &s;aid <HI>Edward Olifer</HI> had delivered them into his the &s;aid <HI>Chri|&s;topher Kirby's</HI> hands, to the u&s;e of the &s;aid <HI>John Yates.</HI> At which words, the &s;aid Complainants father &s;tepped up, and, &s;eeming angry, &s;aid, <HI>How? we have delivered them as E&s;crolls: if the &s;aid</HI> Yates <HI>&s;hall deliver you</HI> Edward Olifers <HI>oldBond to be cancelled, that then they &s;hall be our Deeds, otherwi&s;e not.</HI> And other &s;ealing and delivery of the &s;aid Bonds or Writ|tings this Depondent &s;aw not at that time, but nnely a Repetition of what was done before, in manner as afore&s;aid. And this Deponent &s;aith, That after &s;uch Repetition was made, the &s;aid Defendant <HI>Owen Godfrey</HI> did, at the reque&s;t of the &s;aid <HI>Chri&s;topher Kirby,</HI> &s;et his hand to the &s;aid Writings; and when he had done, the &s;aid <HI>Chri&s;topher</HI> did then &s;et his name unto them, and took them pre&s;ently and locked them up in his Desk, which &s;tood neer
<PB N="13" REF="25">the lower end of the Table in the &s;aid Parlour. And more he cannot, to his now-remembrance, certainly depo&s;e the &s;aid Interrogatories; &s;a|ving that he &s;aith, That the &s;aid <HI>Owen Godfrey</HI> was not in the Celler of the &s;aid hou&s;e, where the &s;aid Writings were &s;ealed and delivered, at the time of the &s;ealing and delivery of the &s;ame; but was &s;aid to be then in the Parlour of the &s;aid hou&s;e, which is three rooms di&s;tant from the &s;aid Cel|ler. And &s;aith, That the &s;aid <HI>Chri&s;topher Kirby</HI> did keep the &s;aid three Writings in his hands after the &s;aid 30 day of <HI>April,</HI> in the &s;aid 14 yeer of His Maje&s;ties Reign, untill the time of his death; and he died on the 25 day of <HI>March,</HI> in the yeer of our Lord God 1617. And &s;aith, That be|fore the &s;aid <HI>Kirby</HI>'s death, all the days of payment limited in the Condi|tions of the &s;aid Writings were pa&s;t. And this Deponent &s;aith, That the cau&s;e which moved the &s;aid <HI>Chri&s;topher Kirby</HI> to detain and keep the &s;aid Writings from the &s;aid Defendant <HI>Yates,</HI> was, for that the &s;aid <HI>Yates</HI> refu&s;ed to deliver in the old Bond of the &s;aid <HI>Edward Olifers</HI> to be cancel|led, as this Deponent verily believeth: and this Deponent is rather indu|ced to believe the &s;ame, for that the &s;aid <HI>Chri&s;topher Kirby,</HI> u&s;ing many times to ride to <HI>Wal&s;ingham</HI>-Market and <HI>Burnham</HI>-Market, where he may times met with the &s;aid <HI>Yates,</HI> did, at his coming home, tell this Deponent and others, That he had made the &s;aid <HI>Yates</HI> and others acquainted with his the &s;aid <HI>Kirby</HI>'s having the &s;aid three Writings obligatory aforementi|oned, and had offered to deliver them unto him, &s;o he would deliver him up the &s;aid old Bond of <HI>Edward Olifers</HI> to be cancelled; but he &s;aid, That the &s;aid <HI>Yates</HI> did always refu&s;e to deliver up the &s;aid old Bond, and there|fore he &s;aid, That he the &s;aid <HI>Yates</HI> &s;hould never have the &s;aid three Wri|tings; or to that effect. And be&s;ides, this Deponent being in company with the &s;aid Defendant <HI>Yates,</HI> after the death of the &s;aid <HI>Kirby,</HI> and after the &s;aid <HI>Yates</HI> had got the Writings into his hands and put them in Suit, this Depondent told him, that &s;ure it was his the &s;aid <HI>Yates</HI> his fault that the moneys payable upon the &s;aid Writings were not paid unto him at the times limited in the Conditions of them, for that the &s;aid <HI>Yates</HI> had re|fu&s;ed to deliver up the &s;aid old Bond of 40 <HI>l.</HI> and the &s;aid <HI>Yates</HI> then affir|med to him this Deponent, that indeed he had refu&s;ed to deliver up the &s;aid old Bond, for that the &s;aid <HI>Kirby</HI> had not followed &s;uch directions as he gave him in taking &s;ecurity for his money due upon the &s;aid Bond of 40 <HI>l.</HI> or words to that effect. And this Deponent well remembreth, that he this Deponent was called by &s;ummons, with other Witne&s;&s;es, on the Complainants behalf, to be at three &s;everall A&s;&s;izes, two at <HI>Norwich,</HI> and one at <HI>Thetford</HI> in the Countie of <HI>Norfolk,</HI> to have te&s;tified in the Com|plainants behalf concerning the &s;aid Writings, which tended to the Com|plainants &s;aid great trouble and expences. And &s;aith, That he this Deponent was produced and &s;worn as a Witne&s;&s;e in the fore&s;aid Cau&s;e between the &s;aid Defendant <HI>Yates</HI> and the now-Complainant, at the la&s;t A&s;&s;izes holden at <HI>Thetford,</HI> in and for the Countie of <HI>Norfolk.</HI> And &s;aith, That he this Deponent was &s;erved with Proce&s;&s;e to be at the &s;aid A&s;&s;izes, and to te&s;tifie on the part of the now-Complainant; and there te&s;tified the truth of his knowledge and remembrance, giving &s;uch evidence, or to the &s;ame effect, as is mentioned and &s;et down in this Deponents An&s;wer and Depo&s;ition to the fifth, &s;ixth and &s;eventh Interrogatory. And &s;aith, That the &s;aid <HI>Owen Godfrey</HI> was, at the &s;aid la&s;t A&s;&s;izes holden at <HI>Thetford,</HI>
<PB N="14" REF="26">produced as a Witne&s;&s;e again&s;t the now-Complainant, by the &s;aid Defen|dant <HI>John Yates,</HI> in the &s;aid Cau&s;e concerning the &s;aid three Writings; and the evidence which he then and there gave to the &s;aid Jury upon his Cor|porall-Oath concerning the &s;aid Cau&s;e, was, That the &s;aid <HI>Olifer</HI> and the now-Complainants father did &s;eal and deliver the &s;aid three Writings as their Deeds ab&s;olutely, to the u&s;e of the &s;aid <HI>John Yates,</HI> without any Con|dition at all, <HI>&amp;c</HI> And &s;aith, That &s;ome time before the &s;aid la&s;t A&s;&s;i|zes holden at <HI>Thetford,</HI> the now-Complainant &s;pake unto this Deponent, and told him, That he had brought down the Triall between <HI>Yates</HI> and him by Provi&s;o, and would be no longer dallied with by the &s;aid <HI>Yates:</HI> and withall the &s;aid Complainant delivered him this Deponent a <HI>Subpena</HI> to be at the &s;aid A&s;&s;izes: the &s;aid Complainant told him this Deponent, that the matter between him and the &s;aid <HI>Yates</HI> was put to the Arbitrement of <HI>John Marcoll</HI> and <HI>John Coot,</HI> and therefore prayed him this Deponent to be at <HI>Wal&s;ingham</HI> on the Saturday immediately before the &s;aid A&s;&s;izes, where the &s;aid Arbitratours had a Meeting, whereat this Deponent was pre&s;ent; but no end could be there made. And he &s;aith, that at the &s;aid Meeting the now-Complainant demanded of the &s;aid <HI>John Yates,</HI> Why he (being the Complainant) did not bring down the &s;aid Triall, but put him the &s;aid Complainant to bring it down by Provi&s;o. And the &s;aid <HI>Yates</HI> his An|&s;wer thereunto (as this Deponent now remembreth) was to this effect; Becau&s;e he the &s;aid <HI>Yates</HI> would not be &s;o trouble&s;ome to the Countrey, for that <HI>Thetford</HI> was a place where people could get no good diet nor lodging; or to that effect. And &s;aith, That on Munday, being the fir&s;t day of the &s;aid A&s;&s;izes, between twelve and one of the clock the &s;ame day, he this Deponent and the now-Complainant came thither; the Complainant not thinking but that he might have had the Cau&s;e called upon when he would, in regard he had brought it down by Provi&s;o: but when he came, he was told, that the &s;ame Cau&s;e had been called upon to be tried the fir&s;t or &s;econd Cau&s;e; the &s;aid <HI>Yates</HI> having &s;ecretly brought the &s;ame down al&s;o, without the now-Complainants privity: But the Complainant was then told, that a friend of his had cau&s;ed the &s;aid Cau&s;e to be put off till the afternoon the &s;ame day, in regard the &s;aid now-Com|plainant was not come with his Witne&s;&s;es when the &s;ame was fir&s;t called on, and &s;o the &s;ame Cau&s;e was called on again in the afternoon the &s;ame day, and then it was tried, before the now-Complainant was full ready with his Witne&s;&s;es.</P>
<LIST>
<ITEM><HI>John Grout</HI> Gent. <HI>li. A. Fol.</HI> 106. to the 5, 6, 7, 8 and 37 Interrogatories.</ITEM>
<ITEM><HI>John Allen</HI> Gent. <HI>li. A. fol.</HI> 65. to the 33, 34, 35 and 36 Interrogatories.</ITEM>
<ITEM><HI>Matthew Lanca&s;ter</HI> E&s;q; <HI>li. C. fol.</HI> 1. to the 12, 13 and 26 Interrogatories.</ITEM>
<ITEM><HI>Edward Olifer, li. A. fol.</HI> 1. to the 5, 6, 7 and 8 Interrogatories.</ITEM>
</LIST>
<P>The&s;e four Witne&s;&s;es do prove the &s;ame things with the former Depo|nent Ma&s;ter <HI>Robert Warren</HI> Clerk; by whch the Perjury of Ma&s;ter <HI>Owen Godfrey</HI> re&s;ts cleerly proved without exception; and the carriage of <HI>Yates</HI> to have circumvented Ma&s;ter <HI>Alexander</HI> in that Triall, and to have con|demned him in his ab&s;ence without defence, doth manife&s;tly appear al&s;o.</P>
<P>And the Perjury being &s;o cleerly proved, the Subornation of <HI>Yates</HI> is an infallible Con&s;equent thereof. But to make it a little more cleer.</P>
<PB N="15" REF="26">
<P>Thus much is depo&s;ed by</P>
<P><HI>John Allen</HI> Gent, <HI>li. A. fol.</HI> 65. to the 36 Interrogatory.</P>
<P>To which this Deponent &s;aith, That it hath been generally held and reported in and about the countrey where the now-Complainant and the &s;aid Defendant <HI>Yates</HI> lived, that the &s;aid Defendant <HI>Owen Godfrey</HI> was made and wrought by &s;ome of the &s;aid <HI>Yates</HI> his friends, to go to the la&s;t A&s;&s;izes at <HI>Thetford,</HI> to te&s;tifie for the &s;aid <HI>Yates</HI> again&s;t the now-Complai|nant.</P>
<P><HI>William Page, li. C. fol.</HI> 32. to the 48 Interrogatory.</P>
<P>To which the Deponent &s;aith, That at the reque&s;t of <HI>John Yates</HI> he went unto Ma&s;ter <HI>Owen Godfrey,</HI> and reque&s;ted him to be at the A&s;&s;izes, to deliver his Te&s;timony between the &s;aid Complainant and <HI>Jerome Alexander</HI> the Defendant; telling him, That if the &s;aid Ma&s;ter <HI>Godfrey</HI> did not come, <HI>Yates</HI> could not have his cau&s;e tried. The &s;aid Ma&s;ter <HI>Godfrey</HI> an&s;wered this Deponent upon his &s;peech with him, That he could not come, and that he could do the &s;aid <HI>Yates</HI> no good in the &s;aid triall, becau&s;e it was &s;o long &s;ince the &s;aid Bonds were delivered, that he did not remember how they were delivered.</P>
<P>And yet afterwards he was procured to come, and to depo&s;e fal&s;ly, which mu&s;t be by &s;ome &s;tronger per&s;wa&s;ion and means u&s;ed by <HI>Yates</HI> then before. All which being added to the gro&s;&s;e perjury of the &s;aid Ma&s;ter <HI>Godfrey</HI> left not <HI>Yates</HI> excu&s;able of the Subornation of that Perjury, which tended to his onely advantage.</P>
<P>Then there was this Te&s;timony to prove the Imbracery.</P>
<P><HI>John Chapman, li. C. fol.</HI> 35. to the 54 and 56 Interrogatories;</P>
<P>Saith, That upon &s;ome &s;peech with <HI>Allan Lampkin</HI> one of the Jurours concerning the &s;aid Triall, the &s;aid <HI>Lampkin</HI> &s;aid to him, that the &s;aid <HI>Yates</HI> &s;hould lo&s;e much money if the Triall pa&s;&s;ed not with him: which &s;hewed how he &s;tood affected to <HI>Yates</HI> his part, and was a giving of his Verdict before hand.</P>
<P><HI>Richard Brampton, li. A. fol.</HI> 54. to the 19 Interrogatory,</P>
<P>Saith, That on the Saturday next before the A&s;&s;izes (being the A&s;&s;izes in which the &s;aid cau&s;e was tried) one <HI>Allan Lampkin,</HI> who was one of the Jury &s;ummoned to appear at the &s;aid A&s;&s;izes, for triall of the I&s;&s;ue then to be tried between the now-Complainant, then Defendant, and the now-Defendant <HI>Yates,</HI> then Complainant, came to the Deponent, who was likewi&s;e returned of the &s;aid Jury, and did ask when he meant to go to the &s;aid A&s;&s;izes: and this Deponent an&s;wered him, That he meant to go next morning; &s;aying, That if he were there any time before noon, it would be time enough. Whereto the &s;aid <HI>Lampkin</HI> replied, That he would ride away to <HI>Thetford</HI> that night, and wi&s;hed this Deponent to ride with him, &s;aying, That the &s;aid <HI>Yates</HI> had brought down the Writ of <HI>Ni&s;i Prius,</HI> as well as the &s;aid <HI>Alexander,</HI> and that he would have the matter tried at the fir&s;t &s;itting, if he could, in the morning, if he could; and with|all intreating this Deponent that he would &s;ay nothing thereof to the &s;aid <HI>Alexander,</HI> for that <HI>Yates</HI> would not that he &s;hould know thereof by any means. To 22 &s;aith, That after the Evidence given to the Jury at the &s;aid A&s;&s;izes at <HI>Thetford</HI> between the now-Complainant and the now-De|fendant <HI>Yates,</HI> the &s;aid <HI>Allan Lampkin</HI> being one of the &s;aid Jury, did, &s;o &s;oon as the Jury were gone together to con&s;ider of their Evidence, u&s;e
<PB N="16" REF="27">the&s;e &s;peeches, <HI>(viz.) Ma&s;ters, we mu&s;t finde for the Complainant,</HI> (meaning the now-Defendant <HI>Yates,</HI> who was Plaintiff in the &s;aid Action) <HI>and therefore do what you will, I believe none but Ma&s;ter</HI> Godfreys <HI>Te&s;timony; and here will I lie, if ye finde not for</HI> Yates. And thus <HI>Wacy</HI> and <HI>Lawrance</HI> his companions, out of &s;pleen to the &s;ai Complainant, would be of the &s;ame mindes; and the&s;e drew the re&s;t of the Jury to give a Verdict in that cau&s;e for <HI>Yates,</HI> again&s;t the truth. Others al&s;o te&s;tifie the &s;ame carriage by the&s;e Jurours.</P>
<P>Upon all which matter it doth appear, that <HI>Yates</HI> his terrifying of Wit|ne&s;&s;es were not the main charges of the Bill, as the Sentence relates. And by this al&s;o it doth appear, that Ma&s;ter <HI>Alexander</HI> had fully proved the Perjury, Subornation and Imbracery.</P>
<P>But Ma&s;ter <HI>Owen Godfrey</HI> the Perjurour died before the hearing of the cau&s;e, and therefore the &s;uborner <HI>Yates</HI> could not be fined for the Suborna|tion: yet by this it doth appear, that the &s;aid Complainant had more then <HI>probabilem cau&s;am litigandi,</HI> and therefore ought to have paid no co&s;ts, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="part">
<Q>2. <HI>FOr proof of which Offence and Mi&s;demeanour again&s;t the &s;aid</HI> John Yates, <HI>the &s;aid late Plaintiff</HI> Alexander <HI>produced onely two Witne&s;&s;es</HI> (<HI>namely,</HI> Robert Warren <HI>Clerk, and</HI> John Warren <HI>his brother</HI>) <HI>who&s;e Depo&s;itions were openly read in Court: and the Depo&s;ition of the &s;aid</HI> Robert Warren <HI>was po&s;itive and direct, of his own knowledge: and the Depo&s;ition of the &s;aid</HI> John Warren <HI>was upon hear&s;ay: Yet the &s;aid</HI> Alexander, <HI>for his own advantage, had blotted out and defaced the copie of the Depo&s;ition of the &s;aid</HI> John Warren, <HI>taken in Court, to the</HI> 39 <HI>Interrogatory on the &s;aid</HI> Alexanders <HI>part, in the&s;e two words,</HI> viz. (that <HI>and</HI> did) <HI>and delivered the &s;ame copie of the &s;aid</HI> John Warrens <HI>De|po&s;ition to the &s;aid</HI> 39 <HI>Interrogatory, with the words</HI> (that <HI>and</HI> did) <HI>&s;o blotted out and defaced as afore&s;aid, to his Attorney in this honourable Court, to be read in Court upon the hearing of the &s;aid Cau&s;e against the &s;aid <HI>John Yates,</HI> which was read accordingly; and by that means the Depo&s;ition of the &s;aid</HI> John Warren <HI>was made po&s;itive and ab&s;olute, as of his own knowledge: and thereupon this honourable Court, and all the honourable Pre&s;ence here &s;itting, were much abu&s;ed and mi&s;led in their judgements and opinions, to &s;entence and condemn the &s;aid</HI> John Yates <HI>for that offence of threatning and terrifying of Witne&s;&s;es, and for the &s;ame to fine him the &s;aid</HI> Yates <HI>to pay to His Majesties u&s;e one hundred Marks, and to be com|mitted to the pri&s;on of the Fleet; and the Warden of the Fleet had there taken him into his Custody accordingly.</HI> <BIBL>Sentence, fol. 1, 2.</BIBL></Q>
<P>Whereas tis alleaged, that onely two Witne&s;&s;es were produced at the hearing, tho&s;e mentioned in the Sentence, to prove the &s;aid <HI>Yates</HI> guilty of that offence of terrifying of Witne&s;&s;es, it followed upon this, that Ma|&s;ter <HI>Alexanders</HI> Coun&s;el, to whom the managing of the Cau&s;e at the hear|ing was left, and as is u&s;uall in like ca&s;es, they began to prove that Charge again&s;t <HI>Yates</HI> the fir&s;t; and they called for the Te&s;timony of tho&s;e two Witne&s;&s;es onely to be read: which being done, the L. <HI>Coventry</HI> would hear no more proof to that point, nor other charge of the Bill to be proved, and &s;o pre&s;ently moved the Lords to go on to the Cen&s;ure of <HI>Yates,</HI> un|dervaluing the cau&s;e as petty, and almo&s;t not worthy con&s;ideration, which &s;hewed his preparation; and thereupon <HI>Yates</HI> was fined in a hundred Marks onely, whereas, if his Lord&s;hips patience would have heard the cau&s;e full out, this very charge would otherwi&s;e have been punctually
<PB N="17" REF="27">proved, if the Depo&s;ition of <HI>John Warren</HI> had been &s;et a&s;ide. As fir&s;t, hear the Depo&s;ition of <HI>Robert Warren</HI> Clerk, to this Charge.</P>
<P><HI>Robert Warren, li. A. fol,</HI> 23. to the 17 Interrogatory.</P>
<P>Who depo&s;eth, That on the Saturday next before the A&s;&s;izes 'at <HI>Thet|ford,</HI> the Deponent being at <HI>Wal&s;ingham,</HI> where the &s;aid Cau&s;e &s;hould have been ended by Arbitration: and having there, before the Arbitratours, given his te&s;timony by &s;peech, as this Deponent hath related in his An|&s;wer to the 5, 6 and 7 Interrogatories; the &s;aid Defendant <HI>Yates</HI> came to|wards him this Deponent, and with menacing words, to this or the like effect, &s;aid, That if this Deponent &s;hould &s;wear &s;o much at the &s;aid A&s;|&s;izes, he would have him and his Oath known, or el&s;e it &s;hould co&s;t him a &s;um of money, 40 <HI>l.</HI> or 100 <HI>l. &amp;c.</HI></P>
<P><HI>John Coot, li. B. fol.</HI> 2. to the 32 Interrogatory,</P>
<P>Saith, That Ma&s;ter <HI>Warren,</HI> in the Interrogatory named, at the afore|&s;aid meeting of the &s;aid Arbitratours, did prote&s;t upon his faith and credit to the &s;aid Arbitratours, That the &s;aid three Writings in the &s;aid Bill of Complaint &s;pecified, were delivered at <HI>Chri&s;topher Kirbys</HI> hou&s;e at <HI>Faken|ham,</HI> in the Celler there, upon the day of the date of the &s;aid Writings. (in manner and form as formerly alleadged, <HI>&amp;c.</HI>) That thereupon he did hear the &s;aid <HI>Yates</HI> &s;ay unto the &s;aid Ma&s;ter <HI>Warren,</HI> That if he &s;hould &s;ay &s;o much upon his Oath, then he would make him and his Oath known, <HI>&amp;c.</HI> Which is a direct Proof, with Ma&s;ter <HI>Robert Warrens</HI> Te&s;timony, to convince the &s;aid <HI>Yates</HI> guilty of that Charge of terrifying the &s;aid Ma&s;ter <HI>Alexanders</HI> Witne&s;&s;es.</P>
<P>So that it is ob&s;ervable, that Ma&s;ter <HI>Alexander</HI> needed not to have helped <HI>John Warrens</HI> Depo&s;ition for proof of this Charge, there being two Wit|ne&s;&s;es be&s;ides him expre&s;&s;e in the Point; for, What need a rich man be a thief? And you may ob&s;erve, that two Witne&s;&s;es was conceived &s;uffici|ent by the Court, for to convince the &s;aid <HI>Yates</HI> guilty of the &s;aid offence, as is proved by the very Sentence it &s;elf; and the Court would hear no more; which was Ma&s;ter <HI>Alexanders</HI> unhappine&s;&s;e in this particular.</P>
<P>Nay, if <HI>John Warrens</HI> Depo&s;itions had been made u&s;e of, wherein he &s;tood clear and without exception, it had further proved the &s;ame Charge again&s;t <HI>Yates:</HI> and for this, ob&s;erve what he hath depo&s;ed,</P>
<P><HI>Lib. A. fol.</HI> 122. to the 46 Interrogatory.</P>
<P>Who depo&s;eth, That he being in the <HI>Faulcon</HI>-yard, an Inne in little-<HI>Wal&s;ingham,</HI> and &s;eeing the Defendant <HI>Yates</HI> there, went to him, to &s;peak with him about fourty &s;hillings that was remaining due from this Depo|nent unto the &s;aid <HI>Yates,</HI> of a debt of 14 <HI>l.</HI> or thereabouts, for which the &s;aid <HI>Yates</HI> had had a Judgement again&s;t this Deponent, and all thereof &s;a|tisfied but the &s;aid 40 <HI>s.</HI> for the payment whereof, this Deponent entreat|ed the &s;aid <HI>Yates</HI> to &s;pare him this Deponent for &s;ome &s;hort time: and then the &s;aid <HI>Yates</HI> did reque&s;t and importune him this Deponent to per|&s;wade his this Deponents brother, <HI>Robert Warren,</HI> to be &s;paring in giving his evidence again&s;t the &s;aid <HI>Yates</HI> at the A&s;&s;izes then following, in the Cau&s;e between him the &s;aid <HI>Yates</HI> and the &s;aid Complainant: And if this Deponent would &s;o do, the &s;aid <HI>Yates</HI> promi&s;ed him this Deponent, that he would deal well with him for the afore&s;aid Debt due unto him, and would do this Deponent a greater courte&s;ie. And this Deponent &s;aith, That &s;ince that time, the &s;aid <HI>Yates</HI> meeting with him this Deponent
<PB N="18" REF="28">in <HI>Wal&s;ingham</HI>-Market, told him, That he had been untowardly paid the debt which this Deponent owed him: And &s;aid withall, That he did hear that this Deponent &s;hould have gone to <HI>London</HI> the Term before, to have been a Witne&s;&s;e again&s;t him the &s;aid <HI>Yates,</HI> in the Cau&s;e between him and the Complainant: but if this Deponent had gone, he &s;aith he would pre&s;ently have remembred him this Deponent therein. This Deponent thinketh his meaning was, He would have renewed his Execution again&s;t him this Deponent. And this Deponent further &s;aith, That one <HI>Luke Banks</HI> Clerk, under&s;tanding that he this Deponent &s;hould have gone for <HI>London</HI> the la&s;t Term, to have been a Witne&s;&s;e for the Complainant, did wi&s;h him this Deponent not to &s;tir his foot thereabouts, alleadging many dangers might en&s;ue upon it: Whereupon, this Deponent did not go to <HI>London</HI> that Term to be a Witne&s;&s;e for the Complainant, although he this Deponent was lawfully called by the Complainant thereunto.</P>
<P>Whereby it further appears, That albeit the &s;aid <HI>John Warrens</HI> te&s;ti|mony to the 39 Article had not been made u&s;e of at the hearing, yet to this 46 Article he te&s;tifies as much as proved <HI>Yates</HI> guilty of terrifying and tampering with Witne&s;&s;es to conceal the truth: And &s;o three Witne&s;&s;es clearly concurring in the point of this Charge again&s;t <HI>Yates,</HI> without all ex|ception; which the &s;aid Lord <HI>Coventry, ex Officio,</HI> and according to the duty of his place, ought to have cau&s;ed the Kings Coucell to have peru&s;ed and looked into the proceedings, to &s;ee if there had been matter and proof &s;ufficient within the Books, to have continued the Fine &s;et upon <HI>Yates</HI> for the King, notwith&s;tanding any other mi&s;carriage in the bu&s;ine&s;&s;e what&s;o|ever, if there had been any: Which he was &s;o far from looking after, as it was his onely &s;trife and labour which way and how to fa&s;ten this mi&s;car|riage of <HI>Neviles</HI> upon Ma&s;ter <HI>Alexander,</HI> and thought upon nothing el&s;e: which endeavours to ruine him had another Ri&s;e, if it were pertinent to this purpo&s;e to be here in&s;erted.</P>
<P>And from all this that hath been &s;aid, it will not be denied, but that, if <HI>Yates</HI> had been di&s;mi&s;&s;ed, (as he ought not to have been, without cen&s;ure) yet then Ma&s;ter <HI>Alexander</HI> was to have paid no co&s;ts.</P>
<P>This then is the fir&s;t Complaint of Ma&s;ter <HI>Alexander</HI> again&s;t the Di&s;mi&s;|&s;ion of <HI>Yates,</HI> That <HI>Yates</HI> was di&s;mi&s;&s;ed again&s;t pregnant proof, and &s;uch as &s;atisfied the Court of <HI>Yates</HI> his guiltine&s;&s;e of terrifying of Ma&s;ter <HI>Alex|anders</HI> Witne&s;&s;es, if it might have been received; and was de&s;ired and pre&s;&s;ed by Ma&s;ter <HI>Alexander</HI> to have been taken into con&s;ideration, after this que&s;tion did ari&s;e; which the Lord <HI>Coventry</HI> &s;lightly pa&s;&s;ed over without regard, and &s;o awed Ma&s;ter <HI>Alexander</HI> and his coun&s;el, that they, perceiving what he went about, and the Officers of the Court labouring by all means po&s;&s;ible to take off the offence from one of their Members the &s;aid <HI>Nevile,</HI> and it being the Court whereunto his coun&s;ell applied them|&s;elves for practice, not one of them would be feed to &s;peak a word: and what&s;oever Ma&s;ter <HI>Alexander</HI> pre&s;&s;ed in his own defence, was mi&s;interpret|ed, and an ill &s;en&s;e endeavoured to have been put upon, it and upon what|&s;oever he &s;pake for maintenance of the Cau&s;e and clearing of his Inno|cency.</P>
<P>The next Exception taken by Ma&s;ter <HI>Alexander</HI> to the Di&s;mi&s;&s;ion, is this, That 136 <HI>l.</HI> co&s;ts was taxed again&s;t him, to be paid unto the &s;aid <HI>Yates</HI>
<PB N="19" REF="28">upon that di&s;mi&s;&s;ion, by the &s;aid Lord <HI>Coventry,</HI> whereas no co&s;ts were awarded again&s;t him by the Order of the Court; and whereas by the cour&s;e of the Court, he rather was to have had co&s;ts, then to have paid any co&s;ts: For which ob&s;erve the Bill of Co&s;ts it &s;elf; and fir&s;t its title.</P>
<P><FLOATEXT LANG="eng" TYPE="accounts">
<HEAD><HI>The Bill of Costs of</HI> John Yates, John Lawrence, Allan Lampkin <HI>and</HI> Wil|liam Wacy <HI>Defendants, &s;u&s;tained by them through the wrongfull and unjust Vexation of</HI> Jerome Alexander <HI>Complainant, in preferring a malitious and &s;candalous Bill of Complaint again&s;t them, for &s;uppo&s;ed Perjury, Subornation of Perjury, Imbracing of Jurours, and threatning and terrifying of Witne&s;&s;es; whereof the &s;aid Defendants &s;tand ab&s;olutely di&s;mi&s;&s;ed, by Order of this most honourable Court, upon a publike Hearing,</HI> viz.</HEAD>
<P><TABLE>
<ROW>
<CELL COLS="4"><HI>Termino Pa&s;che, anno</HI> 19 Jacobi <HI>Regis.</HI></CELL>
</ROW>
<ROW>
<CELL>&nbsp;</CELL>
<CELL>l.</CELL>
<CELL>s.</CELL>
<CELL>d.</CELL>
</ROW>
<ROW>
<CELL><HI>IMprimis,</HI> for the charges of the &s;aid four Defendants in coming up this Term out of the furthe&s;t part of <HI>Norfolk,</HI> to appear upon Proce&s;&s;e of <HI>Subpena</HI> &s;erved on them,</CELL>
<CELL>06</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For recording their appearances in Court,</CELL>
<CELL>00</CELL>
<CELL>08</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the copie of the Complainants Bill of Complaint,</CELL>
<CELL>02</CELL>
<CELL>15</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>To learned Coun&s;el to peru&s;e the &s;ame, and to draw the De|fandants An&s;wers thereunto,</CELL>
<CELL>02</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For ingro&s;&s;ing the &s;ame An&s;wers,</CELL>
<CELL>00</CELL>
<CELL>13</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For the Attorneys Fees,</CELL>
<CELL>00</CELL>
<CELL>06</CELL>
<CELL>08</CELL>
</ROW>
<ROW>
<CELL>For the Fees of the four Defendants examined upon the Complainants Interrogatories,</CELL>
<CELL>00</CELL>
<CELL>18</CELL>
<CELL>08</CELL>
</ROW>
<ROW>
<CELL>For their charges in attendance there this Term, and their return home,</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL COLS="4"><HI>Termino Trinitatis, anno praedicto.</HI></CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fee,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL COLS="4"><HI>Termino Michaelis, anno praedicto.</HI></CELL>
</ROW>
<ROW>
<CELL>For the charges of one of the Defendants in coming up this Term, being &s;erved to rejoyn,</CELL>
<CELL>01</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the Attorneys Fee,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For the copie of the Complainants Replication,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>To learned Coun&s;el to peru&s;e the &s;ame, and to draw the De|fendants Rejoynder,</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For ingro&s;&s;ing the &s;ame Rejoynder,</CELL>
<CELL>00</CELL>
<CELL>05</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the copies of the four Defendants Examinations upon the Complainants Interrogatories, and of the &s;ame Interro|gatories,</CELL>
<CELL>06</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the half Fee of the Commi&s;&s;ion,</CELL>
<CELL>00</CELL>
<CELL>05</CELL>
<CELL>06</CELL>
</ROW>
<ROW>
<CELL>To learned Coun&s;el to peru&s;e all the Books, and to frame Interrogatories for examination of the Defendants Witne&s;&s;es thereupon,</CELL>
<CELL>02</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For engro&s;&s;ing the &s;ame Interrogatories,</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the &s;aid Defendants charges in attendance here this Term, and his return home,</CELL>
<CELL>04</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<PB N="18" REF="29">
<GAP DESC="duplicate" RESP="OXF" EXTENT="1 page">
<PB N="19" REF="29">
<GAP DESC="duplicate" RESP="OXF" EXTENT="1 page">
<PB N="20" REF="30">
<ROW>
<CELL>For the charges of the &s;aid Defendants, and their Commi&s;|&s;ioners, and many Witne&s;&s;es, &s;pent at the execution of this Commi&s;&s;ion,</CELL>
<CELL>06</CELL>
<CELL>13</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For two <HI>Subpenas ad te&s;tificand.</HI> in Court,</CELL>
<CELL>00</CELL>
<CELL>05</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>To the Clerk that took and engro&s;&s;ed the Depo&s;itions of the Defendants Witne&s;&s;es,</CELL>
<CELL>02</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL COLS="4"><HI>Termino Hillarii, anno praed.</HI></CELL>
</ROW>
<ROW>
<CELL>For the charges of one of the&s;e Defendants in coming up again this Term, to joyn in Commi&s;&s;ion with the Plaintiff, which was renewed at his in&s;tance,</CELL>
<CELL>01</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the Attorneys Fee,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For new ingro&s;&s;ing the Defendants Interrogatories, to be enclo&s;ed in the renewed Commi&s;&s;ion,</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For a <HI>Subpena ad te&s;tificand.</HI></CELL>
<CELL>00</CELL>
<CELL>02</CELL>
<CELL>06</CELL>
</ROW>
<ROW>
<CELL>For the copie of an Affidavit made by the Plaintiff, for renewing of the Commi&s;&s;ion and changing of the place,</CELL>
<CELL>00</CELL>
<CELL>02</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the charges of the &s;aid Defendant in his attendance here this Term, and his return home,</CELL>
<CELL>04</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the charges of the &s;aid Defendants and their Commi&s;|&s;ioners, &s;pent at the execution of the Commi&s;&s;ion,</CELL>
<CELL>05</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>To the Clerk that took and engro&s;&s;ed the Depo&s;itions of the Defendants Witne&s;&s;es,</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL COLS="4"><HI>Termino Pa&s;che, anno</HI> 20 <HI>Jacobi Regis.</HI></CELL>
</ROW>
<ROW>
<CELL>For the charges of one of the Defendants coming up this Term, to attend the Plaintiffs Pro&s;ecution, and to take out the copies of the Witne&s;&s;es Depo&s;itions,</CELL>
<CELL>01</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the Attomeys Fee,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For the charge of one Witne&s;&s;e Examination in Court this Term on the Defendants behalf, being out of <HI>Norfolk,</HI> his at|tendance here and return home,</CELL>
<CELL>03</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>To learned coun&s;el to draw Interrogatories to examine the &s;ame Witne&s;&s;e upon,</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For engro&s;&s;ing the &s;ame Interrogatories,</CELL>
<CELL>00</CELL>
<CELL>05</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For Fees of the &s;aid Witne&s;&s;e his Examination,</CELL>
<CELL>00</CELL>
<CELL>02</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For the copies of all the Depo&s;itions of the Witne&s;&s;es ta|ken in Court, and by Commi&s;&s;ion, and of the Plaintiffs In|terrogatories,</CELL>
<CELL>20</CELL>
<CELL>18</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>To &s;everall learned coun&s;el to peru&s;e all the Books, and to confer of Breviats again&s;t the hearing of the cau&s;e,</CELL>
<CELL>06</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For writing of &s;everall Breviats,</CELL>
<CELL>04</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the charges of the &s;aid Defendants in attendance this Term, and return home,</CELL>
<CELL>04</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e five Terms, <HI>Termino Trinitat. anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>16</CELL>
<CELL>08</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e five Terms, <HI>Termino Michael. anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>16</CELL>
<CELL>08</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e five Terms, <HI>Termino Hillarii, anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>16</CELL>
<CELL>08</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e five Terms, <HI>Termino Pa&s;cbe, anno</HI> 21 <HI>Jacobi R.</HI></CELL>
<CELL>00</CELL>
<CELL>16</CELL>
<CELL>08</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e five Terms, <HI>Termino Trinitat. codem an.</HI></CELL>
<CELL>00</CELL>
<CELL>16</CELL>
<CELL>08</CELL>
</ROW>
<PB N="21" REF="30">
<ROW>
<CELL COLS="4"><HI>Termino Mich. anno praed.</HI></CELL>
</ROW>
<ROW>
<CELL>For the charges of one of the Defendants in coming up this Term to attend the hearing of the cau&s;e, being &s;erved with Proce&s;&s;e to hear Judgement,</CELL>
<CELL>01</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the Attorneys Fee,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>To &s;everal learned coun&s;el to attend the hearing at the Bar, on the day appointed for hearing,</CELL>
<CELL>04</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the charges of the &s;aid Defendants attendance here, and his return home,</CELL>
<CELL>05</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Hillarii, anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Pa&s;che anno</HI> 22 Jacobi <HI>R.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Trinitat. anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the copie of an Order moved by the Plaintiff,</CELL>
<CELL>00</CELL>
<CELL>02</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>To learned coun&s;el to move the Court for di&s;&s;olving of an Injunction obtained by the Plaintiff for &s;tay of proceedings at the common Law,</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the entry and copie of that Order,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL COLS="4"><HI>Termino Michael. anno praed.</HI></CELL>
</ROW>
<ROW>
<CELL>For the charges of one of the Defendants in coming up again this Term to attend the hearing of the cau&s;e, the &s;ame being &s;pecially &s;et for the hearing,</CELL>
<CELL>01</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the Attorneys Fee,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>To &s;everal learned coun&s;el to attend the hearing at the Bar on the day appointed,</CELL>
<CELL>04</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the &s;aid Defendants charges in attendance here this Term, and return home,</CELL>
<CELL>05</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Hillarii, anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Pa&s;che, anno</HI> 1 Car. <HI>R.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Trinitat. anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL COLS="4"><HI>Termino Mich. anno praed.</HI></CELL>
</ROW>
<ROW>
<CELL>Forthe Charges of one of the Defendants in coming up to <HI>Reading</HI>-Term, to attend the hearing of the cau&s;e there,</CELL>
<CELL>02</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the Attorneys Fees,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>To &s;everal learned coun&s;el to attend the hearing at the Bar this Term,</CELL>
<CELL>04</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the &s;aid Defendants charges in attendance at <HI>Reading</HI>-Term, and return home,</CELL>
<CELL>03</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Hillarii, anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Pa&s;che, anno</HI> 2 Car. <HI>R.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Attorneys Fees of the&s;e Terms, <HI>Termino Trinitat. anno praedicto.</HI></CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL COLS="4"><HI>Termino Michaelis, anno praedicto.</HI></CELL>
</ROW>
<ROW>
<CELL>For the charges of two of the Defendants in coming up this Term to attend the hearing of the cau&s;e,</CELL>
<CELL>03</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<PB N="22" REF="31">
<ROW>
<CELL>For the Attorneys Fees,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>To &s;everal learned coun&s;el to attend the hearing at the Bar two &s;everall days this Term,</CELL>
<CELL>12</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the entry and copie of the Order of Di&s;mi&s;&s;ion,</CELL>
<CELL>00</CELL>
<CELL>10</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the Fees of the four Defendants Di&s;mi&s;&s;ions,</CELL>
<CELL>00</CELL>
<CELL>08</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the charges of the &s;aid two Defendants in their atten|dance here this Term, and their return home,</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For drawing this bill of co&s;ts,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For the Attorneys Fee for the &s;ame,</CELL>
<CELL>00</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For the Warrant and <HI>Subpena</HI> for co&s;ts,</CELL>
<CELL>00</CELL>
<CELL>04</CELL>
<CELL>06</CELL>
</ROW>
<ROW>
<CELL><HI>Sum. total.</HI></CELL>
<CELL>198</CELL>
<CELL>19</CELL>
<CELL>06</CELL>
</ROW>
<ROW>
<CELL><HI>Taxat. ad</HI></CELL>
<CELL>130</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
</TABLE></P>
<CLOSER><SIGNED><HI>Hamo Claxton. Tho, Coventry,</HI> Cu&s;t.</SIGNED>
<POSTSCRIPT>
<P><HI>Thomas Talbot</HI> of <HI>London</HI> Gent. doth depo&s;e, That this writing is a true copie of the originall Bill of Costs, remaining upon Record with Ma&s;ter <HI>Clax|ton,</HI> and examined by the Record by me the &s;aid <HI>Thomas Talbot.</HI></P>
<CLOSER><DATE><HI>Jurat. 5 die Maii, 1642.</HI></DATE>
<SIGNED>Ro. Riche.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</FLOATEXT></P>
<P>To this Bill of Co&s;ts Ma&s;ter <HI>Alexander</HI> hath the&s;e ju&s;t Exceptions:</P>
<P>Fir&s;t, he leaveth it to judgement, if the Defendants Attorney in that Suit, who drew it up and pre&s;ented it, did give a clear and fair title to this Bill of co&s;ts or not: for, by the Te&s;timony and Evidence afore&s;aid, it appears, that the Complaint was neither wrongfull, unju&s;t, vexatious, malicious or &s;landerous, the Perjury, Subornation, imbracery and threat|ning and terrifying of Witne&s;&s;es being &s;o fully and clearly proved as be|fore.</P>
<P>Secondly, it appeareth, that in the Bill of co&s;ts he &s;etteth down in the foot the totall thereof to amount unto 191 <HI>l.</HI> 19 <HI>s.</HI> 6 <HI>d.</HI> whereas, <HI>re vera,</HI> and in truth, the &s;um is but 162 <HI>l.</HI> 17 <HI>s.</HI> 6 <HI>d.</HI> being rightly ca&s;t; &s;o that he &s;ets down 36 <HI>l.</HI> 2 <HI>s.</HI> more in his totall, then is contained in his particu|lars: And this, I may be bold to &s;ay, was not well done, nor according to his duty; for by this means the greater co&s;ts were allowed unto the Defendants.</P>
<P>Nor is this all the injury done to Ma&s;ter <HI>Alexander</HI> by this Bill of co&s;ts; for there are many unwarrantable particulars therein al&s;o in&s;erted, no ways to have been demanded or allowed: for there is &s;et down of this for the Defendants very travelling-charges and expences, 76 <HI>l.</HI> 13 <HI>s.</HI> 4 <HI>d.</HI> and of his, 3 <HI>l.</HI> 6 <HI>l.</HI> 11 <HI>l.</HI> and 16 <HI>l.</HI> &s;et down &s;pent in a Term; when, after the fir&s;t Temr of their appearance and putting in of their An&s;wers in Court, their defence was made by a Sollicitour, who, at mo&s;t, had not above 10 <HI>s.</HI> a Term for his pains: Be&s;ides, they were Yeomen, and not of any quality, that they &s;hould be &s;o lavi&s;h in their expences.</P>
<P>Nor is this all; for in this Bill of co&s;ts there is al&s;o &s;et down for coun|&s;el-Fees and their Clerks Fees 46 <HI>l.</HI> 3 <HI>s.</HI> 4 <HI>d.</HI> or thereabouts, and 4 <HI>l.</HI> 5 <HI>l.</HI> 12 <HI>l.</HI> &s;et down for coun&s;el-Fees in a Term, when nothing is &s;aid to be done but peru&s;ing of Books and attending at the Bar; whereas, according to the n&s;uall cour&s;e of all Courts, the Client, Plaintiff or Defendant recover|ing
<PB N="23" REF="31">or being di&s;mi&s;&s;ed upon his Bill of co&s;ts, is but to in&s;ert, and ought not o be allowed more than 10 <HI>s.</HI> for a Coun&s;ellours Fee, and but for one coun&s;el in a Term; if he retains more, or rewards them better, it is of his own &s;uperfluity, and for his own di&s;patch: and all this 130 <HI>l.</HI> was demanded, upon the matter, but for nine Terms proceedings, For though it be true, that the Cau&s;e depended 24 Terms; yet in 15 of tho&s;e Terms nothing was done wherein coun&s;el was u&s;ed, as it doth appear by the Bill of co&s;ts it &s;elf.</P>
<P>The Attorneys of this Court, when they did enter into their Offices, did take a &s;olemn Oath to behave them&s;elves ju&s;tly towards His Maje&s;tie and all His loving &s;ubjects: and that it was one part of their duties in their places, to have drawn up Bills of co&s;ts for their Clients after Sen|tences and Di&s;mi&s;&s;ions, wherein they ought not to have exceeded their bounds and moderation, without the &s;ubjecting them&s;elves to the danger of cen&s;ure: &s;o when the&s;e Mini&s;ters of the Court did tran&s;gre&s;&s;e, and go beyond their rules and limits, it was no warrant to the &s;aid Lord Keeper, in whom the over&s;ight and controll thereof did onely lie, thereupon to do injury to any other: Through ne&s;cience it could not be, cannot be pre|&s;umed done by negligence, e&s;pecially being at the fir&s;t entrance into his place; for &s;ome other rea&s;on then it was, which I mu&s;t leave you to ima|gine. Moreover, it was the cour&s;e of that Court, in all ca&s;es, that where the Defendants, or any of them, were proved guilty of the crimes and offences charged in the Bill, albeit, in re&s;pect of &s;ome intervenient acts, it &s;o fell out, as that they could not be &s;entenced (the &s;ame not being an act of the Complainants own wrong) in &s;uch cau&s;es; albeit the Defen|dants were freed from cen&s;ure, yet did they u&s;ually pay the Plaintiffs their co&s;ts; as in the ca&s;e of one <HI>Tun&s;tall,</HI> and of one <HI>Allen,</HI> in that Court, a citizen of <HI>London,</HI> who had a Bond from the friends of one of his Ap|prentices in 40 <HI>l.</HI> conditioned for his &s;aid Apprentices truth, and faith|full carriage of him&s;elf in his Ma&s;ters &s;ervice; and this 40 <HI>l.</HI> was placed in the Bond in figures: And the Apprentice imbezzelling more from his Ma&s;ter then the Penalty would &s;atisfie, he added a cypher and made it 400 <HI>l.</HI> and upon that brought his Action; for which, a Bill of Forgery was preferred again&s;t him in the Star-chamber: and upon a &s;olemn debate and hearing of the cau&s;e, albeit it was adjudged to be no forgery, but did onely make void the Obligation, and &s;o left him remedile&s;&s;e to recover any thing upon than Bond, and therefore the cau&s;e di&s;mi&s;&s;ed; yet the truth and allegation of the Plaintiffs Bill apearing to be proved to the Court, he was adjudged to pay the Plaintiff his co&s;ts: And &s;o in many other ca&s;es of like nature it hath been done in that Court.</P>
<P>And whether Ma&s;ter <HI>Alexanders</HI> ca&s;e be not much better proved again&s;t the Defendants in his Suit of crimes cen&s;urable, the act of God onely preventing the puni&s;hment of the Perjurour, and thereupon the Suborner onely cleared of that charge, and the other charges of the Bill again&s;t the other Defendants, confe&s;&s;ed in the Sentence to be proved by &s;ingle Te&s;timony: And it appearing, that there was &s;ufficient matter in the Books fully to have convicted the Defendants guilty of the crimes laid unto their charge, and was not Ma&s;ter <HI>Alexanders</HI> fault that they were not heard. Thus far he leaveth it to be rightly con&s;idered how he was dealt withall in this Di&s;mi&s;&s;ion with co&s;ts.</P>
<PB N="24" REF="32">
<P>Be&s;ides, as the ca&s;e &s;tood, he conceiveth the matter extraordinary, it was not in the power of the &s;aid Lord <HI>Coventry,</HI> as upon ordinary di&s;mi&s;&s;ions, and matters of form, to have taxed any co&s;ts, without an e&s;pecial Order af the Court, for which he had none.</P>
<P>And when you &s;hall peru&s;e the Order of Di&s;mi&s;&s;ion, which followeth, and which was all the Ground and Warrant for taxing of this Bill of Co&s;ts; if you &s;hall be but plea&s;ed to remember what hath been proved before, you will under&s;tand it to be the forerunner of the re&s;olved ruine intended towards Ma&s;ter <HI>Alexander</HI> in that matter, &s;tufft with apparant untruths, and making way for that which after followed. The Order followeth.</P>
<P><FLOATEXT LANG="eng" TYPE="order">
<HEAD>In Camera Stell. coram Concil. lbid. vice&s;imo quinto die <HI>Octobris,</HI> anno &s;ecundo <HI>Caroli</HI> Regis.</HEAD>
<P>THis day came to be heard the matter of Complaint here exhibited by <HI>Jerome Alexander</HI> E&s;q; Plaintiff again&s;t <HI>John Yates, John Lawrence, Allan Lampkin</HI> and <HI>William Wacy</HI> Defendants, for &s;uppo&s;ed Perjury, Subornation of Perjury, Inbracery of Jurours, and threatning and terrifying of Witne&s;&s;es; which by the Plaintiffs Bill was laid to the charge of the &s;aid <HI>Yates</HI> onely: Upon the opening whereof, by the Plaintiffs Coun&s;el at the Bar, and reading the proofs on his part, there appeared no &s;ufficient matter at all to convince the &s;aid Defendants <HI>Lawrence, Lampkin</HI> and <HI>Wacy,</HI> or any of them, of the &s;aid &s;uppo&s;ed offences or mi&s;demeanours wherewith they, every or any of them, &s;tood charged by the Plain|tiffs Bill, and therefore the Court hath ab&s;olutely di&s;mi&s;&s;ed and di&s;charged them and every of them, of and from any further attendance about the &s;ame Cau&s;e here|after. But as touching the &s;aid <HI>John Yates,</HI> for the &s;aid offences of threatning of Witne&s;&s;es, there were read, for proof thereof, two Witne&s;&s;es, viz. <HI>Robert Warren</HI> Clerk, and <HI>John Warren,</HI> on the Plaintiffs part: in the Depo&s;ition of which &s;aid <HI>John Warren,</HI> taken in Court ot the nine and thirtieth Interrogatory, as the Plaintiffs copie thereof read in Courts was, the words (<HI>that</HI> and <HI>did</HI>) were blotted out and defaced, and by that means the &s;aid Depo&s;ition was po&s;itive and ab|&s;olute, as upon the Deponents own knowledge: whereas the &s;aid words (<HI>that</HI> and <HI>did</HI>) being not blotted out, is but upon hear&s;ay. Which blotting out and defacing of the &s;aid words (<HI>that</HI> and <HI>did</HI>) in two &s;everall places of the &s;aid <HI>John War|rens</HI> Depo&s;ition to the &s;aid <HI>39</HI> Interrogatory, much mi&s;led the judgement and cen&s;ure of his Honourable Court, who condemned the &s;aid <HI>John Yates</HI> for that offence, and adjudged him to pay one hundred Marks Fine to His Maje&s;ties u&s;e, and to be committed to the pri&s;on of the Fleet. But in the Defendants copie of the &s;aid <HI>John Warrens</HI> Depo&s;ition to the <HI>39</HI> Interrogatory, the &s;aid words (<HI>that</HI> and <HI>did</HI>) were fair written, without any blotting, defacing or interlining: Which &s;aid Depo&s;ition of the &s;aid <HI>John Warren</HI> to the &s;aid <HI>39</HI> Interrogatory being &s;hew|ed to this Honourable Court upon the ri&s;ing thereof, it plea&s;ed the &s;ame Court to take it into con&s;ideration, and ordered that the originall Depo&s;ition of the &s;aid <HI>John Warren</HI> to the &s;aid <HI>39</HI> Interrogatory, on the Plaintiffs part, &s;hould be brought into this Court the next &s;itting-day, to be &s;een and viewed by their Lord&s;hips; and if the &s;aid words (<HI>that</HI> and <HI>did</HI>) were in the &s;aid originall Depo&s;ition fair writ|ten, without blotting, defacing or interlineation, then this honourable Court would be plea&s;ed to di&s;mi&s;&s;e the &s;aid Defendant <HI>yates,</HI> and to di&s;charge him likewi&s;e of any further attendance about the &s;ame Cau&s;e hereafter: in the mean time the Court di&s;charged the &s;aid <HI>John Yates</HI> out of the Custody of the Warden of the Fleet, for
<PB N="25" REF="32">and upon that Sentence; at which next &s;itting-day <HI>(viz.)</HI> the <HI>27</HI> day of this in|&s;tant <HI>October,</HI> the original Depo&s;ition of the &s;aid <HI>John Warren,</HI> taken on the Plaintiffs behalf, upon the &s;aid <HI>39</HI> Interrogatory, was brought into this Honourable Court accordingly; and the &s;ame being &s;een, peru&s;ed and viewed by this Honourable court, the &s;ever all words (<HI>that</HI> and <HI>did</HI>) plainly appeared in the &s;aid originall Depo&s;ition to be fair written by the Examiner him&s;elf, without any blotting, defa|cing or interlining; and &s;o the &s;aid Depo&s;ition was upon hear&s;ay, and not of the Deponent <HI>John Warrens</HI> own knowledge: This Honourable Court, therefore, conceiving they had no &s;ufficient ground for the former Sentence, have thereupon ordered, adjudged and decreed, That the &s;aid former Sentence against the &s;aid <HI>John Yates</HI> &s;hall not be entred, but that he &s;hall likewi&s;e be ab&s;olutely di&s;mi&s;&s;ed and di&s;charged of and from any further attendance about the &s;ame Cau&s;e hereafter.</P>
<CLOSER><SIGNED><HI>Jo. Arthur</HI> Dep.</SIGNED>
<POSTSCRIPT>
<P><HI>Thomas Talbot</HI> of <HI>London</HI> Gent. doth depo&s;e, That this a true copie of the Order above mentioned, being examined by the Record by me the &s;aid <HI>Thomas Talbot.</HI></P>
<CLOSER><DATE><HI>Jurat.</HI> 5 <HI>die Maii,</HI> 1642.</DATE>
<SIGNED>Ro. Riche.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</FLOATEXT></P>
<P>From all that hath gone before, judge how and by whom that Honon|rable Pre&s;ence were then mi&s;led to &s;entence the &s;aid <HI>Yates,</HI> as that Di&s;mi&s;&s;i|on mentioneth; or rather, if they were not more mi&s;led by the &s;aid Lord Keeper <HI>Coventry</HI> to di&s;mi&s;&s;e the &s;aid <HI>Yates,</HI> and clear him from a Sentence under which he was re&s;trained, upon &s;uch a bare &s;uppo&s;ition of an offence &s;uppo&s;ed done by M. <HI>Alexander</HI> nothing to the purpo&s;e, &amp; never intending or minding the bu&s;ines of his Ma&s;ter, the Kings Maje&s;ty, by all clear means to have &s;upported and maintained the Sentence as he ought; and who&s;e duty it was to have given all encouragement to &s;uch as nothing for their own advantage, but for the love of ju&s;tice and good of the Common|wealth &s;o &s;pent them&s;elves and their fortunes, to bring Delinquents un|to condigne puni&s;hment, for examples &s;ake, that others might not dare &s;o for to offend.</P>
<P>But he thought a worm &s;oon cru&s;hed under foot: and Ma&s;ter <HI>Alexander</HI> being then but new entred into the world, and daring to que&s;tion &s;uch a man as Ma&s;ter <HI>Godfrey,</HI> &s;on and heir to <HI>Richard Godfrey,</HI> that famous Law|yer in his time, of <HI>Lincolns</HI>-Inne, but a Popi&s;h Recu&s;ant; and his &s;on be|ing allied and befriended in that Countrey where your Petitioner dwelt, to all the great ones, it is no hard matter for any man to believe; and for that rea&s;on to conceive, that Ma&s;ter <HI>Alexander</HI> could not want adver&s;aries. Be&s;ides, it was a fault in tho&s;e times to be too forward, though in zeal to ju&s;tice, and for the good of the Common-wealth, if &s;uch a man were toucht upon: and when &s;uch as Ma&s;ter <HI>Alexander,</HI> that would not comply with the times, twas high time to take occa&s;ion to rid them out of the way. But ob&s;erve this untruth alleadged in the Order. To begin withall, it &s;aith, The words (<HI>that</HI> and <HI>did</HI>) were blotted out in two places of the co|pie of the &s;aid <HI>John Warrens</HI> Depo&s;ition, which they alleadge not in their whole proccedings, either before or after. But to proceed with the Sentence.</P>
</DIV3>
<DIV3 TYPE="part">
<PB N="26" REF="33">
<Q>3. <HI>But upon the ri&s;ing of the Court that day, the Sollicitour of the &s;aid Defen|dant</HI> Yates (which was M. <HI>Fountain</HI> the Lawyer, now with the King, and which made him be pre&s;ently called to the Bar, and thereupon made my Lord Keeper <HI>Coventries</HI> favourite ever afterwards) <HI>&s;hewed to the Right Ho|nour able the &s;aid Lord Keeper the Paper-copie of the &s;aid</HI> John Warrens <HI>Depo&s;ition, which the &s;aid Defendant had out of this Court, wherein the &s;aid words</HI> (that <HI>and</HI> did) <HI>were fair written, and &s;tood in the &s;aid Depo&s;ition to the</HI> 39 <HI>Interrogatory, without blotting, defacing or inter lineation; wherewith it plainly appeared to his Lord&s;hip, the &s;aid Depo&s;ition to be but upon hear&s;ay,</HI> <BIBL>Sent. fol. 2.</BIBL></Q>
<P>This needs little other An&s;wer then what hath preceded, That it can|not be pre&s;umed that Ma&s;ter <HI>Alexander</HI> would do &s;uch an act, which both the Paper-copies of the Defendants Depo&s;itions and the Record it &s;elf mu&s;t infallibly have controlled in Court, as it did: Be&s;ides, it had been a &s;otti&s;hne&s;&s;e and &s;tupidity in Ma&s;ter <HI>Alexander</HI> to have done this act, which, for the rea&s;ons afore&s;aid, could in no mea&s;ure have turned to his advan|tage: which being carried along to the end of the Ca&s;e, will make it <HI>luce elarior,</HI> it was na opportunity purpo&s;ely taken to de&s;troy 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 tho&s;e al&s;o, though evermore upon the pits brink, that he might look up to his Defender, and fore&s;ee the like dangers and avoid them; which, as this ca&s;e was, was not po&s;&s;ible for him to do: but, by that which followed up|on it, it proved a greater mercy, though intended to him for a mi&s;ery and his de&s;truction; which is neither proper for, and would be too long to re|late in this Di&s;cour&s;e.</P>
<P>Again, it is not denied but that a mark weas made in the margent of that Paper-copie, like an hand or finger, pointing to the words, intimating &s;omething to be done concerning them; which no man, in his wits, would have made in that place, if he had intrended to have made u&s;e of it for an advantage by ob&s;curing it at the hearing.</P>
<P>Be&s;ides, Ma&s;ter <HI>Alexander</HI> well under&s;tood the cour&s;e of that Court, and of all Courts of Ju&s;tice, that the &s;aid Depo&s;ition mu&s;t be publikely read in the face and view of all the Officers of the Court, and therefore not po&s;&s;ible to be concealed from di&s;covery: And the practice of that Court and of all Courts of equity is, that both parties having like co|pies of the &s;ame Depo&s;itions, it is the con&s;tant practice of the Attorneys of both Parties, Plaintiffs and Defendants, that whiles the one reads unto the Court, the other ob&s;erves what he reads, out of his own copie, to pre|vent mi&s;takings, and thus to bring ju&s;t things certainly into Judgement.</P>
<P>Nay, if it had not been a thing plotted and re&s;erved meerly for the means of Ma&s;ter <HI>Alexanders</HI> ruine, Why did not Ma&s;ter <HI>Jones,</HI> his own Attorney, in reading it unto the Court, make that ob&s;ervation 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 <HI>To excu&s;e is to accu&s;e</HI>) it was never more rightly verified then in this, for that it doth appear by the very Sentence it &s;elf that Ma&s;ter <HI>Jones</HI> de&s;ired of the Court that he might be &s;worn, to purge and clear him&s;elf in the bu&s;ines, when he was not then at all charged with any wrong doing: And why &s;hould Ma&s;ter <HI>Hooker</HI> the &s;aid Defendants At|torney,
<PB N="27" REF="33">who had made &s;o fair a Bill of Co&s;ts as before, in his Clients be|half, now put him&s;elf further to be examined al&s;o in the matter, &s;o dif|fering from all the rules of that Court, whereof &s;ure he could not be ig|norant; and was not &s;o candid for him of all the re&s;t to have been done, being the Defendant; Attorney, and therefore &s;hould rather have forborn to have medled in it, if to have avoided all &s;u&s;picion of partiality.</P>
<P>And as it is altogether improbable to have been done by Ma&s;ter <HI>Alex|ander;</HI> &s;o, if it had been done by him, (as it was not) yet was it not a matter &s;o criminous and capitall, as that it de&s;erved a Cen&s;ure in it &s;elf:</P>
<P>For fir&s;t of all, it was but the Paper-copie of a Record, which Ma&s;ter <HI>Alexander</HI> might have burned, ra&s;ed, defaced, interlined, written in and done with it what he plea&s;ed, without offence: and he doth appeal to all that are of that Profe&s;&s;ion, if daily and hourly they do not &s;o u&s;e their Clients Paper-copies of Depo&s;itions, by drawing lines and cro&s;&s;es, and writing in them, and yet was it never heard that any man before Ma&s;ter <HI>Alexander</HI> hath been que&s;tioned for any &s;uch doing, in ca&s;e he had done it: But, <HI>&s;ome men had better &s;teal a hor&s;e, then another man look over the hedge.</HI></P>
<P>Again, Paper-copies of all Records, when they are produced as Evi|dences at any hearings and trialls of cau&s;es, are no further credited and authentick then they &s;tand clear and un&s;u&s;pected, and that this clearne&s;&s;e to be made appear; for before they be made u&s;e of, commonly they are fir&s;t depo&s;ed to be true copies of &s;uch Records whereof they are copies; which &s;hews them to be of no force nor to be u&s;ed, untill they be thus ju&s;tified in them&s;elves: and if at any time they pa&s;&s;e for currant without this atte&s;tation in tho&s;e Courts where they are Records, it is becau&s;e they &s;eem to be warranted to be truely copied under the hands of their own Clerks and Officers &s;till, and &s;ent in Court with the Record thereof, and which are &s;worn to be faithfull in their proceedings, and &s;till ready with the &s;ame Records to ju&s;tifie the &s;ame upon all occa&s;ions. In whom then was the offence, to reade and make u&s;e of &s;uch a Paper. copie which was in any thing &s;u&s;picious? and how frequent a thing is it in the cour&s;e of practice of oftentimes to meet with &s;u&s;pected Records, and with like Depo|&s;itions and Evidences? which if the party ju&s;tifies not, or is not able to make good, are onely rejected and &s;et a&s;ide, without more ado, and made no u&s;e of. And if the &s;ame Depo&s;ition upon que&s;tion had been ju&s;tified by Ma&s;ter <HI>Alexander</HI> for aright copie, he had been worthy of cen&s;ure; but you &s;ee there is no &s;uch thing in this Ca&s;e, nothing made appear that he ever did or de&s;ired to make u&s;e of it; his coun&s;el onely called to have that Depo&s;ition read, which they might have omitted, had they plea&s;ed, there being other te&s;timony &s;ufficient be&s;ides to have proved that Charge.</P>
<P>And again, if Ma&s;ter <HI>Alexander</HI> had been guilty of the doing it, (as he was not) yet it is not a thng cen&s;urable. The common-Law doth puni&s;h offences of this nature no otherwi&s;e then with the lo&s;&s;e of the be|nefit of that thing thus altered, or which might have accrued to the party by it in ca&s;e it had not been altered: for what&s;oever Obligations or other Deeds, which by any misfeazances, <HI>ex po&s;t facto,</HI> become void, as by in|terlineation, addition, ra&s;ure, or drawing a pen thorow the mid&s;t of a word, by the&s;e ways &s;uch Deeds are all become void; but no other puni&s;h|ment inflicted by the Law for the&s;e tran&s;gre&s;&s;ions, but with the lo&s;&s;e of
<PB N="28" REF="34">the fruit and benefit of &s;uch Deeds, which is puni&s;hment &s;ufficient of it &s;elf; and for to adde another affliction, were again&s;t a Rule of Law, <HI>viz.</HI> to puni&s;h a man double for one and the &s;ame offence: as in <HI>Matthew&s;on</HI> and <HI>Lideats</HI> Ca&s;e, in the Lord <HI>Cooks</HI> fifth Reports, <HI>fol.</HI> 25. <HI>Whelpdales</HI> Ca&s;e, in the fifth Reports; and <HI>Pigots</HI> Ca&s;e, in the eleventh Reports, <HI>fol.</HI> 27. where there are any other yeer-Books put for confirmation of this truth, and to prove the Law to be thus in his Ca&s;e: And the Court of Star-Chamber have accu&s;tomedly followed and imitated the Rule of the common-Law in like ca&s;es; and again&s;t whom Bills have been preferred there for like offences, the parties complained again&s;t have been di&s;mi&s;&s;ed, though the offences proved as in the Ca&s;es before cited of <HI>Allen</HI> and others: So that in this ca&s;e the Peitioners Di&s;mi&s;&s;ion and lo&s;&s;e of that Te&s;timony had been the u&s;uall puni&s;hment; but the lo&s;&s;e of the fruit and benefit of his Suit had been too much: but to be cen&s;ured for this as an offence in him, without proof of guilt, is without Pre&s;ident or Example.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>4. <HI>HIs Lord&s;hip thereupon acquainted the honourable Pre&s;ence therewith in the iuner-Chamber, and, with all their Lord&s;hips con&s;ents, re&s;pited the Entry of the &s;aid Sentence, and ordered that the originall Depo&s;ition &s;hould be brought into the Court the next &s;itting-day, to be peru&s;ed, &s;een and viewed by all their Lord|&s;hips, and thereupon to give their Order and Sentence; and in the mean time the &s;aid</HI> yates <HI>was &s;et at liberty and di&s;charged of his Impri&s;onment. Pre&s;ently whereupon, the Paper-copie of the &s;aid</HI> Warrens <HI>Depo&s;ition being obtained by Ma|&s;ter</HI> Jones, <HI>being Attorney for the &s;aid</HI> Alexander <HI>in that Cau&s;e, from his the &s;aid</HI> Alexanders <HI>Clerk that carried his Books, was forthwith &s;hewed by the &s;aid Master</HI> Jones <HI>to the Right honourable the Lord Keeper and the other Lords then pre&s;ent, wherein the &s;aid two words</HI> (the <HI>and</HI> did) <HI>were defaced and blotted out of the &s;aid</HI> John Warrens <HI>Depo&s;ition to the</HI> 39 <HI>Interrogatory; which had been openly read in Court, and mi&s;led the Court to &s;entence as afore&s;aid, and by that means the Depo&s;ition was made po&s;itive and ab&s;olute, as of his ownknowledge; whereas, by by the &s;aid Defendants copie of the &s;aid Depo&s;ition, first &s;hewed to his Lord&s;hip, with the words</HI> (that <HI>and</HI> did) <HI>fair written therein, was upon hear &s;ay,</HI> <BIBL>fol. 3.</BIBL></Q>
<P>This part of the Sentence, being but a repetition of much of this mat|ter alleadged in it before, hath received an An&s;wer: onely my Lord Kee|per <HI>Coventry</HI> his forwardne&s;&s;e to charge Ma&s;ter <HI>Alexander</HI> and to di&s;charge <HI>Yates</HI> is ob&s;ervable; and that albeit <HI>Yates</HI> were &s;entenced by Order of Court, and in cu&s;todie, yet out of Court he cau&s;ed him pre&s;ently to be di&s;charged, upon this bare Allegation, without ever calling or hearing Ma&s;ter Attorney-Generall, or any the Kings Councell, or Ma&s;ter <HI>Alexanders</HI> coun&s;el, what could be &s;aid more for the King to maintain the Sentence. And you &s;hall not afterwards finde, thorowout the whole carriage of the bu&s;ine&s;&s;e, that the Lord <HI>Coventry</HI> did ever &s;o much as move any thing for the King, or again&s;t <HI>Yates,</HI> but pre&s;ently di&s;mi&s;&s;ed him and the other Defendants with 100 <HI>l.</HI> co&s;ts, and with &s;uch a manife&s;ta|tion of their clearne&s;&s;e, as if they had been the mo&s;t innocent men alive, when the contrary cleerly appeareth in the Books as before: and &s;o the Regi&s;ter of the Court in drawing up the Order of Di&s;mi&s;&s;ion, clears the Defendants, and a&s;per&s;eth Ma&s;ter <HI>Alexander</HI> what he can. And Ma&s;ter <HI>Jones</HI> Ma&s;ter <HI>Alexanders</HI> own Attorney labours what po&s;&s;ible he can to lay
<PB N="29" REF="34">this as a fault upon Ma&s;ter <HI>Alexander;</HI> but did never any thing of his Du|ty for the King, or for his Client; all the Officers of the Court drawing in a line together, and making way to de&s;troy Ma&s;ter <HI>Alexander</HI> by the Sentence to follow, which they were re&s;olved upon from the fir&s;t, as the&s;e things do manife&s;t, and make it to appear: And by this, the mi&s;lea|ding in the Ca&s;e doth appear to be on that &s;ide, when thus, again&s;t all right and rule, and all ordinary and common re&s;pect what&s;oever, much more, to have been u&s;ed towards a man of the &s;ame Profe&s;&s;ion, who&s;e credit his Lord&s;hip therefore &s;hould have the rather endeavoured to have pre&s;erved, then in the very Bud of his coming forth into the world to have nipt him off and cru&s;ht him to pieces, preferring the condition of a company of poor and ba&s;e Mechanicall wretches, not worthy his know|ledge before Ma&s;ter <HI>Alexander,</HI> with who&s;e Breeding he was well acquain|ted to have had the &s;ame foundation and beginning as him&s;elf, and with as good hopes to have attained the end of his Profe&s;&s;ion as any other of his time, had not he determined that expectation by this his unju&s;t pro|ceeding again&s;t him.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>5. <HI>SHortly afterwards,</HI> viz. <HI>before two of the clock that afternoon, the &s;aid</HI> Alexander <HI>came to</HI> Grays-<HI>Inne, to the &s;aid Ma&s;ter</HI> Jones <HI>his chamber there; and then and there, in the pre&s;ence and hearing of Ma&s;ter</HI> Hooker <HI>one other of the Attorneys of this honourable Court, in great perplexity, as it then &s;eemed, fell into &s;ime pa&s;sions, &s;aying,</HI> what an unfortunate man am I! what will become of me? <HI>an then, being demanded by Ma&s;ter</HI> Hooker <HI>and Master</HI> Jones, <HI>Of whom he had or received his copies of the &s;aid Depo&s;itions where|of that was one; an&s;wered, He could not tell whether he received it from the Ex|aminer, or from</HI> Henry Nevile <HI>Master</HI> Jones <HI>his Clerk: with many bitter and heavie imprecations and oaths, vowing and protesting, he knew not of the blotting out of the tho&s;e words, or altering the copie; and the copies were as he fir&s;t received them. Whereupon, the &s;aid</HI> Alexander, <HI>Ma&s;ter</HI> Jones <HI>and Master</HI> Hookr <HI>went all together unto the Examiners Studie of this Court, to &s;ee the Record of the Ori|ginall Depo&s;ition of the &s;aid</HI> John Warrne <HI>to the &s;aid</HI> 39 <HI>Interrogatory on his part; which being &s;hewed unto them by the Examiner, the Record was fair and plain, with the words</HI> (that <HI>and</HI> did) <HI>therein, written with the hand writing of Ma&s;ter</HI> Gay <HI>the Examiner, who died in</HI> Augu&s;t <HI>last. Hereupon the &s;aid</HI> Alex|ander <HI>u&s;ed the like &s;peeches as before he had done in Master</HI> Jones <HI>his Studie, and &s;o departed.</HI> <BIBL>Fol. 3.</BIBL></Q>
<P>Be plea&s;ed to ob&s;erve, that all this interlocutory-Di&s;cour&s;e is but a bare repetition of this Conference, without proof or confe&s;&s;ion, and there|fore unwarrantably entred into the Sentence, and again&s;t all the rules of proceeding in any Courts of Ju&s;tice what&s;oever. How&s;oever, it &s;hews thus much in the fir&s;t place, that when &s;uch things as the&s;e were &s;uffered to be &s;tufft into the Sentence, and to pa&s;&s;e for currant, tending to the utter ruine of a man, Who could with&s;tand di&s;truction, being in the hands of &s;uch adver&s;aries? and who will not conclude of the inju&s;tice that was done him? The truth is, Ma&s;ter <HI>Alexander</HI> went then to <HI>Jones</HI> his Stu|die in <HI>Grays</HI>-Inne, being his Attorney, thinking to have had the Sentence drawn up again&s;t <HI>Yates,</HI> not &s;u&s;pecting any &s;uch action to have fallen out in the interim, after the hearing of the Cau&s;e; where he found the&s;e two
<PB N="30" REF="35">Attorneys <HI>Jones</HI> and <HI>Hooker</HI> together, con&s;ulting, as it doth &s;eem by the &s;equel of their actions, how they might fa&s;ten this mi&s;carriage upon Ma|&s;ter <HI>Alexander:</HI> and Ma&s;ter <HI>Alexander</HI> de&s;iring to have the Sentence drawn up again&s;t <HI>Yates,</HI> they told him, It could not be; and then expre&s;&s;ed the Rea&s;on, which as it was &s;udden and unexpected, &s;o it could not but drive him into wonder and admiration; which rather expre&s;&s;ed his innocence, then any ways declared his guilt, to which purpo&s;e they endeavour to wre&s;t it. And the Books and Breviats having lien above three yeers be|fore, ready and prepared for the hearing, un&s;een by Ma&s;ter <HI>Alexander</HI> to that time; for <HI>nevile</HI> his Sollicitour had them in his cu&s;todie a long time together, before the hearing, and managed them in Court; (and whether the Charge be true or fal&s;e, Ma&s;ter <HI>Alexander</HI> mu&s;t onely take it upon their credit) for he was never admitted to &s;ee the Book in which this Charge is mentioned to be done to this hour, albeit he hath diver&s;ly en|deavoured for to attain that favour and ju&s;tice. Nor maketh it for their purpo&s;e, if his An&s;wers were doubtfull to their Que&s;tion, of whom he had the Books; for the memory is not always &s;o tru&s;ty and ready, that upon &s;uch a &s;udden &s;urpri&s;all it can re&s;olve the Demand; it mu&s;t be a work of Recollection that pofitively determines of things &s;o long before|hand acted. Nor was it materiall from thom&s;oever the Books were re|ceived: and in that time of nece&s;&s;ity they mu&s;t pa&s;&s;e many times from hand to hand, to make &s;uch preparation out of them as were fit to be made u&s;e of by Coun&s;el and other2i&s;e, at the hearing; all which was done immediately after publication, above three yeers then before: But the matter was, Who committed that offence which <HI>Jones</HI> and <HI>Hooker</HI> were thus con&s;piring together how to fix upon Ma&s;ter <HI>Alexander,</HI> and therefore laboured to entrap and entangle him in his talk, which no fair practi&s;er, I had almo&s;t &s;aid, No hone&s;t man would have endeavoured again&s;t his Client, nor no Attorney that had re&s;pected his credit, where his credit was no more concerned in it then Ma&s;ter <HI>Hookers.</HI> Then as for their going all together into the Examiners Studie to view the Record if it were &s;o, &s;hews, that all parties were doubtfull how the Depo&s;ition &s;tood; What inference can be then drawn from thence by any in different judgement, in the lea&s;t therfore to &s;u&s;pect Ma&s;ter <HI>Alexander</HI> guilty of this Accu&s;ation? but &s;erves to excu&s;e him rather, that thus laboured to be truely informed the fir&s;t how it &s;hould come about: and that Ma&s;ter <HI>Alex|anders</HI> fir&s;t vows and imprecations, as they are plea&s;ed to call them, pa&s;|&s;ing in their di&s;cour&s;e together, when they thus lay in wait to have intan|gled him in that conference (if to be &s;o as they alleadged, which was ne|ver confe&s;&s;ed, or proved by them) and that matter which Ma&s;ter <HI>Alexan|der</HI> hath at &s;everall times declared upon his Oath for his own acquittall, are not &s;o contradictory, diver&s;e, or u&s;efull to their cau&s;e, that any thing can be drawn from thence to make good the charge again&s;t him. And when that Point &s;hall come to be cleared which is further contained in the Sentence concerning it, and which Ma&s;ter <HI>Hooker</HI> hath depo&s;ed, Ma&s;ter <HI>Alexander</HI> &s;hall give it a &s;atisfactory an&s;wer. The Spirits of the men too may be ob&s;erved, in this their Relation, towards Ma&s;ter <HI>Alexander,</HI> how far they are tran&s;ported even with contempt to his per&s;on and quality, &s;tanding in an equall degree with them every way, both in Birth and Fortune, that hath no &s;o much addition given him by them as is due to
<PB N="31" REF="35">a Gentleman, whiles them&s;elves are carried thorow with additions that become men of rank and e&s;timation.</P>
</DIV3>
<DIV3 TYPE="part">
<P N="6">6. <HI>YEt afterwards the &s;aid</HI> Alexander, <HI>de&s;irous and plotting how to excu&s;e him&s;elf of defacing and blotting out of the &s;aid two words</HI> (that <HI>and</HI> did) <HI>out of the copie of the &s;aid Depo&s;ition, and to lay and fix it upon the &s;aid</HI> Henry Nevile <HI>one of Master</HI> Jones <HI>his Clerks, on the morrow after, being the</HI> 26 <HI>day of</HI> October <HI>last, came into the Star-Chamber-Office in</HI> Grays-<HI>Inne, and be|fore</HI> Matthew Goad <HI>E&s;quire, Deputy-Clerk of this Court, being &s;worn upon the holy Euangeli&s;t, did make a voluntary Oath and Affidavit, That he having re|tained Master</HI> Jones <HI>for his Attorney, and</HI> Henry Nevile, <HI>to take care and &s;olli|cite his &s;aid Suit; and the Cau&s;e coming to publication, the &s;aid</HI> Nevile <HI>undertook to procure for him the &s;aid</HI> Alexander <HI>the copies of the &s;aid Depo&s;itions taken in that Cau&s;e, and for that purpo&s;e not onely receivedy the Fees and Duties for &s;uch copies as he had procured for him the &s;aid</HI> Alexander, <HI>but likewi&s;e had extraordinary re|ward and &s;atisfaction for his pains therein: and that he &s;aid</HI> Nevile <HI>went with him the &s;aid</HI> Alexander <HI>to the Examiner Office of this Court, and there procu|red other copies of Depo&s;itions belonging to this Cau&s;e, which were delivered to the &s;aid</HI> Alexander, <HI>in the pre&s;ence of the &s;aid</HI> Nevile; <HI>amongst which was con|tained the Depo&s;ition of the &s;aid</HI> John Warren. <HI>That done, he repaired with the &s;aid Books to Master</HI> Hud&s;on, <HI>being of his Coun&s;el, to be advi&s;ed, and to pe|ru&s;e the &s;ame Depo&s;itions: All which Depo&s;itions being peru&s;ed accordingly, a&s;|well of the &s;aid</HI> John Warrne, <HI>as to the rest; and his &s;aid Coun&s;el concerning the &s;aid</HI> John Warrens <HI>Depo&s;ition to the</HI> 39 <HI>Interrogatory to be &s;omething doubt|full, he made a mark in the margin thereof, and wi&s;hed the &s;aid</HI> Alexander, <HI>for his better &s;atisfaction, to go and get the &s;ame examined in the Office, to &s;ee if the &s;ame Depo&s;ition were truely copied: And that accordingly the &s;aid</HI> Alexander <HI>repaired therewith to the &s;aid</HI> Nevile, <HI>and informed him what his Coun&s;el had directed for examining the copie: and the &s;aid</HI> Nevile <HI>took the &s;aid Depo&s;ition of the &s;aid</HI> Alexander, <HI>and carried it to the &s;aid Examiners Office; but the Ex|aminer not being within, the &s;aid</HI> Alexander <HI>did leave the &s;aid copie of the &s;aid Depo&s;ition with the &s;aid</HI> Nevile <HI>to be examined, promi&s;ing him &s;atisfaction and content for his pains: And &s;hortly after, the &s;aid</HI> Alexander <HI>called unto the &s;aid</HI> Nevile <HI>for the &s;ame; who told him, that he had examined the &s;aid</HI> Warrens <HI>Depo&s;ition in that point with the original, and that he had then made it to agree with the Record; and &s;o delivered the &s;ame back again to the &s;aid</HI> Alexander, <HI>with the two words</HI> (that <HI>and</HI> did) <HI>ra&s;ed out in the &s;aid</HI> John Warrens <HI>Depo|&s;ition, as now it was in the &s;aid copie: and after that, the &s;aid</HI> Alexander <HI>protested up|on his &s;alvation, That the &s;aid &s;ever all words</HI> (that <HI>and</HI> did) <HI>were in the &s;aid</HI> Warrens <HI>Depo&s;ition fair written, when he delivered the &s;ame into</HI> Neviles <HI>hand; and that the &s;aid words were ra&s;ed and blotted, as they then were, when he received the &s;ame back again from the &s;aid</HI> Nevile; <HI>the &s;aid</HI> Nevile <HI>&s;hewing the &s;ame to the &s;aid</HI> Alexander, <HI>and &s;aid, That he had made it to agree with the Record. And the &s;aid</HI> Alexander <HI>protested and affirmed, That the &s;ame was not blotted out, ei|there by him, or any other to his knowledge, other then by the &s;aid</HI> Nevile <HI>as afore|&s;aid. And the &s;aid</HI> Alexander <HI>depo&s;ed, that the &s;aid</HI> Nevile <HI>was entru&s;ted with the care and charge of the &s;aid Cau&s;e: and having taken upon him to draw the Bill and part of the Interrogatories, and took upon him the managing and &s;olliciting of the &s;aid Cau&s;e; and, over and be&s;ides what he had received, he moved the &s;aid</HI>
<PB N="32" REF="36">Alexander <HI>to promi&s;e him further &s;atisfaction after the hearing of the Cau&s;e.</HI> See the Sentence, fol. 3.</P>
<P>This being but the Recitall of Ma&s;ter <HI>Alexanders</HI> Affidavit fir&s;t made for clearing of him&s;elf, in nothing being yet alleadged thus far on in the &s;aid Sentence for to impeach it in any thing, I &s;hall &s;ay nothing thereof more, till I &s;hall finde it que&s;tioned, and then will ju&s;tifie it for the very truth, again&s;t all oppo&s;ition to the contrary what&s;oever.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>7. <HI>AT which next Sitting, being the</HI> 27 <HI>of</HI> October <HI>last, according to the &s;aid Order, was brought into this honourable Court the Record of the Ori|ginal Depo&s;ition of the &s;aid</HI> John Warren, <HI>taken upon the &s;aid</HI> 39 <HI>Interrogatory, and was &s;een, read and peru&s;ed by this Honourable Court, wherein the &s;aid two words</HI> (that <HI>and</HI> did) <HI>were fair written, without any blotting, defacing or interli|neation; and thereupon the &s;aid Master</HI> Jones <HI>made humble Suit to this Honou|rable Court, that he might be &s;worn in open Court, for clearing of him&s;elf of any manner of &s;u&s;pition, or the lea&s;t touch that might have been imputed unto him thereabouts; who was &s;worn accodingly, and upon his Oath delivered, That, to his utter mo&s;t knowledge, he never &s;aw the Paper-copie of the &s;aid</HI> John War|rens <HI>Depo&s;ition before it was put into his hands to read, at the hearing of the Cau&s;e the la&s;t Sitting before. Whereupon, all the honourable Pre&s;ence openly pronounced the &s;aid Ma&s;ter</HI> Jones <HI>to be innocent and clear from the least &s;u&s;pition of being privy or con&s;enting to the &s;aid blotting or defacing of the &s;aid copie.</HI> <BIBL>Fol. 4 in the Sentence.</BIBL></Q>
<P>There hath been &s;omething &s;aid before concerning Ma&s;ter <HI>Jones</HI> his carriage in the particular of his thus offering him&s;elf into purgation, be|ing no ways accu&s;ed: But I &s;ee &s;uch wi&s;e men as him&s;elf may &s;ometime over-act their own parts: for if this be true that he hath &s;worn, he hath &s;hewn a great deal of remi&s;&s;e carriage in the managing of his Place and Office; at lea&s;t, that would refer the care thereof onely to his Clerks, and receive his Fees and do nothing for them. But, if it had been mate|riall, I could have put him in minde that he had all the Books by him in his Studie one whole long Vacation, which promi&s;e to have peru&s;ed them, and did affirm to Ma&s;ter <HI>Alexander</HI> he had &s;o done, and then de|clared his opinion of the proofs; and &s;ome of the copies of the Depo|&s;itions taken by Commi&s;&s;ion in the Countrey, were copied in his own Office, and his hand to the Examination. But to let that pa&s;&s;e as imper|tinent: I hope he hath now recollected him&s;elf better in this time that he hath been an <HI>Oxford</HI> with his Maje&s;tie, as Ma&s;ter <HI>Alexander</HI> is informed. But, to examine his carriage towards his Ma&s;ter the King, and towards his Client Ma&s;ter <HI>Alexander</HI> in this particular in that time, be plea&s;ed to ca&s;t an eye upon the Oath which the Attorneys of that Court, whiles it was in being, did take at their entring into their Offices: and &s;urely him&s;elf, among&s;t the re&s;t, took it for me.</P>
<Q><HI>YOu &s;hall &s;wear well and truely, according the best of your di&s;cretion, to execute and perform the Office and place of an Attorney, in his Maje&s;ties most ho|nourable Court of Star-Chamber, whereunto you are now admitted; and &s;hall bear and behave your &s;elf justly towards His Majestie and all His Highne&s;&s;e loving &s;ub|jects and &s;uitours in the &s;aid Court. So help you God.</HI></Q>
<PB N="33" REF="36">
<P>It was further al&s;o contained among&s;t the Rules and Orders of that Court concerning the Duties to have been performed by the &s;everall Offi|cers in their &s;everall Places, and among&s;t the re&s;t, That the Attorneys of that Court were to look that their Clients cau&s;es were duely pro&s;ecuted to the hearing, without advantage: and that if they &s;hould be pre&s;&s;ed by any Rules or Orders which might prejudice their Clients in their cau|&s;es, they were to inform coun&s;el, to move the Court therein: they were al&s;o to write the copies of all Bills, An&s;wers, and of all Pleadings and Examinations taken in the Countrey by Commi&s;&s;ion for their Clients, To prefer their Clients cau&s;es to hearing, To read all Acts, Evidences and Depo&s;itions before the Lords, To urge for their Clients, and after hearing, To draw up Bills of Co&s;ts for his Lord&s;hip the Lord Chancel|lour or Lord Keepers Taxations, and pre&s;ent them.</P>
<P>And whether Ma&s;ter <HI>Jones</HI> or Ma&s;ter <HI>Hooker</HI> have performed their Du|ties herein required, either towards His Maje&s;tie, or ther Court, or Ma|&s;ter <HI>Alexander,</HI> by this pro&s;pective you may perceive them, though at this great di&s;tance. It is agreed, he read this Depo&s;ition at the hearing, for &s;o it was his duty to do: and had he then behaved him&s;elf ju&s;tly towards His Maje&s;tie, the Court and his Client, when he perceived the &s;aid De|po&s;ition to be marked in the margin, and &s;o blotted in the&s;e words (<HI>that</HI> and <HI>did</HI>) if they were &s;o, as of nece&s;&s;ity he mu&s;t 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 mo&s;t that could have followed upon it had been but the &s;etting a&s;ide of that Depo&s;ition as u&s;ele&s;&s;e; and then Ma&s;ter <HI>Alexander</HI> could not have been denied to have made u&s;e of his other te&s;timony, to have more fully proved that Charge, and by con&s;e|quence, the Sentence again&s;t <HI>Yates</HI> had been continued, Ma&s;ter <HI>Alexander</HI> had not been de&s;troyed, nor had any prejudice happened to any man in the bu&s;ine&s;&s;e.</P>
<P>Or if, when after this accident had fallen out, meerly through Ma&s;ter <HI>Jones</HI> his voluntary omi&s;&s;ion and the neglect of his duty (if there were no more in the bu&s;ine&s;&s;e then &s;o) and that <HI>Yates</HI> was cen&s;ured; yet then it had been a part of his duty, in that ca&s;e al&s;o, further to have enquired in|to the main body of the Cau&s;e, a&s;well to have maintained the &s;aid Cen|&s;ure again&s;t the &s;aid <HI>Yates,</HI> for His Maje&s;ties benefit, and the common good, and ju&s;tice of the Kingdom, as for the clearing of his Client: But he was, you &s;ee, &s;o far from doing this, as nothing appears in him to be done afterwards, but a meer joyning together with Ma&s;ter <HI>Hooker</HI> and Ma&s;ter <HI>Alexanders</HI> adver&s;aries, to lay and charge this offence upon Ma&s;ter <HI>Alexander,</HI> to undo him: An Attorney worthy to be regi&s;tred unto po&s;te|rity, for an example of fidelity in that wherein he was entru&s;ted: And, were no Ma&s;ter <HI>Alexanders</HI> Witne&s;&s;es now dead, after this long time of that action, he could have proved thus much more, to have added to Ma|&s;ter <HI>Jones</HI> his everla&s;ting memory of his &s;ervice in this particular to his Client, that, Immediately upon the fir&s;t Ri&s;e of this que&s;tion, he was plea&s;ed to make this Prote&s;tation, That he would &s;pend all his Terms gains, but that he would fix the fault and blotting out of tho&s;e words up|on Ma&s;ter <HI>Alexander:</HI> (and judge if his proceedings afterwards did not make him as good as his word) for which Ma&s;ter <HI>Alexander</HI> hath cau&s;e to thank him for his zeal, that he would help him unto Ju&s;tice, were it right or wrong.</P>
<PB N="34" REF="37">
<P>We have a Rule in Law, That in matters of contract between man and man committed to writing <HI>(clau&s;ulae incon&s;uetae &s;emper inducunt &s;u&s;piti|onem)</HI> to adde unu&s;uall and unaccu&s;tomed Clau&s;es, do beget &s;u&s;pition: and it hath been found by experience in common practice, That as the de|vil, when he intends to play a ma&s;ter-piece of deceit, will then transform him&s;elf into an Angel of light: &s;o he that is about to cozen mo&s;t, will u&s;e the mo&s;t goodly and &s;pecious pretences of all the re&s;t: but, <HI>By their works ye &s;hall know them.</HI></P>
<P>We u&s;e to &s;ay al&s;o, That Generalls conclude nothing: How then is it po&s;&s;ible to pronounce a man innocent and clear from the lea&s;t &s;u&s;pition of being privie or con&s;enting 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 him&s;elf? If Ma&s;ter <HI>Alexander</HI> had had the &s;ame ju&s;tice, at the &s;ame time, in the &s;ame Court, in the &s;ame Cau&s;e, for whom there was a great deal of more rea|&s;on; he ought to have been cleared al&s;o upon the &s;ame ground: They were the voluntary Oaths of both of them, which equally lay before them in judgement, for the clearing of them&s;elves: And Ma&s;ter <HI>Alexan|der</HI> hath cau&s;e to wi&s;h he had trebled &s;o much as Ma&s;ter <HI>Jones</HI> his Terms gains did amount unto, if &s;o he could have po&s;&s;ibly found out any way to have put him&s;elf into the &s;ame Scale with Ma&s;ter <HI>Jones,</HI> for the clearing of him&s;elf.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>8. <HI>ANd the &s;aid</HI> Henry Nevile <HI>being then likewi&s;e pre&s;ent, humbly petiti|oned this Honourable Court, that he him&s;elf and the &s;aid</HI> Alexander <HI>al&s;o might be both &s;worn upon their corporall-oaths in open Court, and examined upon Interrogatories or otherwi&s;e, touching the defacing and blotting out of the &s;aid words</HI> (that <HI>and</HI> did) <HI>and al&s;o that the &s;aid Ma&s;ter</HI> Hooker <HI>be likewi&s;e &s;worn, to declare upon his Oath what he could &s;ay for di&s;covery of the truth, touching the matter afore&s;aid: All which were &s;worn in open Court accordingly. Whereupon, and upon ublike reading of the &s;aid</HI> Alexanders <HI>Affidavit in open Court; where|in, and &s;ome demands then made by the Court to the &s;aid</HI> Alexander, <HI>there plainly appeared a repugnancy to truth, wherein he had catched him&s;elf, and di&s;covered his guiltine&s;&s;e of the &s;aid offence.</HI> <BIBL>Fol. 4 in the Sentence.</BIBL></Q>
<P>Is it not &s;omething &s;trange, that albeit Ma&s;ter <HI>Alexander</HI> was a ca&s;taway, and not worthy of like con&s;ideration with the&s;e men? (yet that the Ma|&s;ter and the man &s;hould not have the &s;ame mea&s;ure of ju&s;tice, and that which belong both to one thing, were not put both in one Ca&s;e) that <HI>Nevile</HI> too was not pre&s;ently upon his Oath al&s;o declared to be innocent and free from the lea&s;t &s;u&s;pition of the blotting out of the&s;e two words (<HI>that</HI> and <HI>did</HI>) out of the &s;aid Paper-copie of the &s;aid <HI>John Warrens</HI> De|po&s;ition? And &s;urely there was great rea&s;on for the Court to have done &s;o for the &s;aid <HI>Nevile</HI> at that time al&s;o, if this matter alleadged in the Sen|tence had been true, that &s;uch a plain repugnancie to truth had then ap|peared to the Court, wherein Ma&s;ter <HI>Alexander</HI> had catched him&s;elf, and di&s;covered his guiltine&s;&s;e of the &s;aid offence; for this had made an end of all further que&s;tion about the bu&s;ine&s;&s;e: the Court might then have dealt with Ma&s;ter <HI>Alexander</HI> as they plea&s;ed, without more ado: But how comes it about that the particulars wherein this guiltine&s;&s;e &s;o appeared to
<PB N="35" REF="37">the Court at that time were not regi&s;tred for po&s;terity, nor do now appear to make this Allegation good? The truth is, it is but a meer Fiction, &s;ome more of <HI>Matchivails</HI> dirt ca&s;t in Ma&s;ter <HI>Alexanders</HI> face, to make him &s;eem a little fouler in the eyes of his beholders: for, had it been &s;o as 'tis &s;et forth in the Sentence, no rea&s;onable man can think that Ma&s;ter <HI>Alexander</HI> could have e&s;caped the judgement of the Court upon that in|&s;tant, without more ado, and <HI>frustra fit per plura, quod fieri potest, per pauti|ora.</HI> Surely the Lord Keeper <HI>Coventry,</HI> who at that time que&s;tioned and &s;ifted Ma&s;ter <HI>Alexander</HI> in Court, as Bran, with all po&s;&s;ible endeavour to have gained this onely confe&s;&s;ion from him, would have taken the advan|tage thereof, if it had been &s;o, which had been <HI>in&s;tar mille testium,</HI> to have convinced him; and was the thing which was afterwards onely de&s;ired to have been drawn from Ma&s;ter <HI>Alexander</HI> 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 Mini&s;ters of the Court, now ban|ded together again&s;t Ma&s;ter <HI>Alexander,</HI> would have accounted it a hap|pine&s;&s;e of his pen to have catched it the fir&s;t, before it had half fallen out of his mouth, and it would a&s;&s;uredly have been in&s;erted in the Sentence with a vengeance to him, that no publike Proclamation could have &s;o openly divulged it to the world.</P>
<P>But that this is in the Sentence al&s;o, it is no wonder, when the whole is but a Recollection of Suppo&s;itions, in&s;erted in it without ground or war|rant: And the truth is, the matter was made cock-&s;ure, in tho&s;e times, what by the power of the &s;aid Lord <HI>Coventry,</HI> and Archbi&s;hop of <HI>Canter|bury,</HI> and other Ma&s;ter <HI>Alexanders</HI> like potent enemies, that this matter &s;hould never have been &s;tirred again, untill the day of the generall Re&s;ur|rection; as &s;hall more fully appear by that which followeth.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>9. <HI>THe Court was plea&s;ed to require the Lord Chief Justice of the Kings Bench, and Ma&s;ter Justice</HI> Dodderidge, <HI>both pre&s;ent in Court, to take the Examination of the &s;aid</HI> Alexander, Nevile <HI>and Ma&s;ter</HI> Hooker, <HI>touching the premi&s;es; who took great pains herein accordingly, and, at the earne&s;t &s;ollici|tation of the &s;aid</HI> Nevile, <HI>on the</HI> 7 <HI>day of this in&s;tant</HI> November <HI>returned into this honourable Court their Certificate of all their proceedings therein; which &s;aid Certificate was openly read in Court upon the</HI> 10 <HI>day of this in&s;tant</HI> November: <HI>Upon the reading whereof, and opening of the points of the &s;ame Certificate by Sir</HI> John Finch <HI>Knight, of coun&s;el with the &s;aid</HI> Nevile, <HI>the Court was inclineable to be of opinion, that the &s;aid</HI> Alexander <HI>him&s;elf was the man that did blot out and deface the &s;aid two words</HI> (that <HI>and</HI> did) <HI>out of the &s;aid</HI> John Warrens <HI>Depo&s;ition, for his own advantage against the &s;aid late Defendant</HI> Yates. <BIBL>Fol. 4. in the Sentence.</BIBL></Q>
<P>To what purpo&s;e had all the&s;e further Examinations been, to finde out that thing which in the Sentence is alleadged to have been publikely con|fe&s;&s;ed by Ma&s;ter <HI>Alexander</HI> in Court before. But there was more in it then &s;o; they might not relie upon this reed, and therefore proceeded further, to mu&s;ter up and gather together what they were able, to make &s;ome co|lour at lea&s;t for a Sentence: for they &s;aw all this would not do, nor &s;erve the turn; there was yet but an inclination to think Ma&s;ter <HI>Alexander</HI> guil|ty of doing this thing, albeit as much now had been done, and that
<PB N="36" REF="38">which was done had been canva&s;ed as thorowly as was po&s;&s;ible in Court, to gain a belief and opinion of his guiltine&s;&s;e. But to proceed.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>10. <HI>BUt for that the &s;aid</HI> Alexander <HI>was neither him&s;elf in this Honourable Court in per&s;on, neither had any coun&s;el to &s;peak for him, the Court there|fore did forbear to give any finall Sentence or Decree therein that day, but gave the &s;aid</HI> Alexander <HI>time untill the next Sitting-day, to &s;hew cau&s;e, fi any he had, by his coun&s;el or otherwi&s;e, why the Court &s;hould not proceed to Sentence against him for that mi&s;demeanour; or, in default thereof, the Court intended to &s;entence the next &s;itting-day, at which time the &s;aid</HI> Alexander <HI>was ordered to be pre&s;ent at the Bar in per&s;on,</HI> <BIBL>Fol. 5. in the Sentence.</BIBL></Q>
<P>Surely no Ju&s;ticers will give a judgement again&s;t any man before they be re&s;olved: And all this while appears, that &s;ome of tho&s;e Judges were not &s;atisfied that Ma&s;ter <HI>Alexander</HI> was guilty of any &s;uch wrong doing as was laid unto his charge, and therefore gave this further time, which o|therwi&s;e they would not have done. By this al&s;o you may pereceive, into what a &s;ad condition and &s;trait Ma&s;ter <HI>Alexander</HI> was driven, that having the &s;upreme Judge and Officers of the Court for his adver&s;aries, he could procure no coun&s;el that dur&s;t to &s;peak or move in his cau&s;e, though never &s;o ju&s;t: &s;o were men over-awed or related one unto another in tho&s;e days, that Ju&s;tice had not his current and free pa&s;&s;age, e&s;pecially in that Court; and that man mu&s;t be &s;acrificed unto ruine, upon whom the indignation and di&s;plea&s;ure of any &s;uch as Ma&s;ter <HI>Alexanders</HI> adver&s;aries fell: And when he that would not comply with the times, ti being in any way that might hinder their de&s;ignes, it was cau&s;e enough to de&s;troy him. And what could Ma&s;ter <HI>Alexander</HI> now expect but de&s;truction, when that thing, what&s;oever he &s;pake for the ju&s;tifying of him&s;elf had a contrary &s;en&s;e and interpretation put upon it, and was inverted to his prejudice? Coun|&s;el none would, nay dur&s;t not, as they told me once, to &s;peak in it: for when at fir&s;t they did a little offer &s;ome things cooly and faintly in Ma|&s;ter <HI>Alexanders</HI> behalf, and put for triall how it would be reli&s;hed and re|ceived, they found it pa&s;&s;ed by in &s;ilence, if materiall, or them&s;elves di&s;-regarded for the motion: And what wi&s;e man will engage him&s;elf in &s;uch a quarrell, where, who&s;oever &s;peeds, he is &s;ure to get blowes for his re|compence? How&s;oever, it was fairly offered, had it been accordingly pur&s;ued, that Ma&s;ter <HI>Alexander</HI> &s;hould at lea&s;t have notice of their inten|tions, that they were re&s;olved to proceed to &s;entence him, and that he &s;hould be pre&s;ent at the Bar in per&s;on, to hear his condemnation. But now it was well under&s;tood by <HI>Nevile,</HI> that Ma&s;ter <HI>Alexander</HI> was before this time gone out of Town into the Countrey, neer an hundred miles from <HI>London,</HI> to &s;earch for Letters which he had formerly received, of his, about the bu&s;ine&s;&s;e, in which he hoped to finde his acknowledgement of doing this thing, in manner as Ma&s;ter <HI>Alexander</HI> had alleadged; for which rea&s;on, all their Forces are &s;et on work, for to procure this Sentence in his ab&s;ence, and to rai&s;e that as one argument of guilt, which was in|tended to have made his more clear Defence: and this, he taketh God to witne&s;&s;e, was the originall cau&s;e of his leaving the Town, after that he had once cleared him&s;elf again before the Judges, thinking it impo&s;&s;ible, in his own under&s;tanding, and &s;o conceived by others of better judge|ment
<PB N="35" REF="38">then his, that any &s;uch thing as a Sentence could have been once thought upon to have been given again&s;t him, as his ca&s;e &s;tood.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>11. <HI>NOw this day was read in open Court, an Affidavit of</HI> Charles Bag|&s;haw <HI>Gent. that he had done his be&s;t endeavour to &s;erve the &s;aid</HI> Je|rome Alexander <HI>with the &s;aid Order, and to give him notice thereof; for which purpo&s;e, he had &s;ought him at his Chamber at</HI> Lincolns-<HI>Inne, and given unto his Boy or Clerk, whom he found in the &s;aid Chamber, a true copie of the &s;aid Order: And the &s;aid</HI> Nevile <HI>him&s;elf offering to be depo&s;ed, That he did, at the late Lord Chief Justices, give the &s;aid</HI> Alexander <HI>him&s;elf warning to attend the Court at his peril. All which notwith&s;tanding, the &s;aid</HI> Alexander <HI>made default, and had withdrawn him&s;elf, as was now informed to this honourable Court.</HI> <BIBL>Fol. 5. in the Sentence.</BIBL></Q>
<P>In this it is ob&s;ervable, as a Ground, That in all Courts of Ju&s;tice what&s;oever, the Rule is, That no man ought to be condemned, or to have judgement given again&s;t him for any matter depending in any Court of Judicature, but the Order or Proce&s;&s;e of that Court is fir&s;t to i&s;&s;ue, to give him timely notice of the re&s;olution of the Judges of tho&s;e Courts to proceed to Judgement at &s;ome certain time prefixed, that &s;o no man may be overtaken uprovided, or without making his ju&s;t Defence; (except &s;uch party as after notice &s;hall wilfully ab&s;ent or not provide by coun&s;el or otherwi&s;e, for to ju&s;tifie him&s;elf in his proceedings) and, without this, many an innocent man would be undone: And in ca&s;e where neither the partie, by him&s;elf or by his Coun&s;el, &s;hall appear to defend him&s;elf after &s;uch notice, and that the warning doth &s;ufficiently appear unto that Court to have been given him according to direction, that there be no delay in ju&s;tice, the Court will proceed to judgement without him; yet with &s;uch caution, as, if po&s;&s;ible, they will not do him inju&s;tice for his contumacy therein, nor will wrong their con&s;ciences in the Judgement; but will try out the truth how&s;oever by all means, for what&s;oever lies be|fore them: and therefore in &s;uch ca&s;es of ab&s;ence, they hear all &s;uch An|&s;wers, Depo&s;itions of Witne&s;&s;es, and other matters of Record lying be|fore them to be read, which before that time the party hath made for his Defence, or that he hath alleadged for maintenance of any Charge in &s;uch an Action or Proceeding, and will in &s;uch ca&s;e be much more wary and circum&s;pect to promote the truth, of what&s;oever &s;ide it is, appearing within the Books, then if &s;uch party had been pre&s;ent: for Judges &s;it not to &s;ide, and make parties, or to take opportunities to revenge them&s;elves; but for to do ju&s;tice and judgement truely and impartially, for ju&s;tice &s;ake, without the re&s;pect of per&s;ons. But then &s;ee if Ma&s;ter <HI>Alexander</HI> have received this mea&s;ure of ju&s;tice in this matter concerning him: An Order of notice for a hearing hath been made; and that was well: but that this was &s;hewn to Ma&s;ter <HI>Alexander,</HI> or that Ma&s;ter <HI>Alexander</HI> had notice of this Order, doth in no &s;ort appear: Nor had he any notice thereof; for fir&s;t, <HI>Bag&s;haws</HI> Oath reacheth no further then unto an Endeavour of &s;er|vice; he &s;wears nothing po&s;itively, to &s;atisfie the Court that it weas done. And for what <HI>Nevile</HI> offered for notice, as it is far from truth, &s;o al&s;o it is &s;o far out of the way of a legal notice, as it appears both to be fal&s;e in it &s;elf, appearing out of the very Sentence, and in no &s;ort to have been credited or
<PB N="38" REF="39">believed, in ca&s;e it had been true, for this Rea&s;on, Becau&s;e it was not de|livered upon Oath for a Record; again&s;t which Ma&s;ter <HI>Alexander</HI> might have taken his remedy for the fal&s;ity of it, being untrue. But, that it is gro&s;ly fal&s;e, be plea&s;ed to ob&s;erve: <HI>Nevile</HI> offereth to depo&s;e; What? <HI>That he did, at the then late Lord Chief Justices, give the Petitioner him&s;elf wear|ning to attend the Court at his peril.</HI> Fir&s;t, this mu&s;t of nece&s;&s;ity be in time whiles the Judges were upon their Examinations of the bu&s;ine&s;&s;e, and be|fore they made their return into Court, and that was long before this Or|der was made; for this appears to be made at a time afterwards, when the &s;aid Judges Certificate was returned, and had been debated in Court: and for that Ma&s;ter <HI>Alexander</HI> then had not appeared, by him&s;elf or coun|&s;el, to make any Defence, as the Sentence it &s;elf &s;heweth; and therefore at the meeting before the Judges, at the late Lord chief Ju&s;tices Chamber, <HI>Nevile</HI> had no rea&s;on nor colour to give any &s;uch warning to appear, up|on an Order that was not then conceived, nor was there then any cau&s;e appearing for the making of any &s;uch Order; nor for &s;ome time after|wards was it made, as is remembred before. Be&s;ides, there was little rea|&s;on for to credit his Report in his own Cau&s;e, that &s;tood a vi&s;ible Delin|quent unto the Court, and nothing to purge him&s;elf thereof, but his own Oath, admitted again&s;t all the Rules of ju&s;tice, and ordinary proceedings in Courts of ju&s;tice what&s;oever: So that Ma&s;ter <HI>Alexander</HI> is condem|ned without Defence. And for <HI>Bag&s;haws</HI> Affidvait, that it was little to the purpo&s;e, be plea&s;ed to ca&s;t your eye upon it, as it con&s;i&s;teth in all the parts thereof together.</P>
<FLOATEXT LANG="eng" TYPE="affidavit">
<OPENER><DATELINE>In Camera Stell. <DATE>decimo quarto die <HI>Novembris,</HI> Anno &s;ecundo <HI>Car.</HI> Regis.</DATE></DATELINE></OPENER>
<P><HI>CHarles Bag&s;haw</HI> of <HI>Barnards</HI>-Inne, <HI>London,</HI> Gent. aged about thirty &s;even yeers, &s;worn, &s;aith, That where, by an Order of this honourable Court of the <HI>10</HI> of this in&s;tant <HI>November,</HI> day is given to <HI>Jerome Alexander</HI> E&s;quire, till the next Sitting-day, to &s;hew cau&s;e, by his coun&s;el or otherwi&s;e, why the Court &s;hould not proceed to &s;entence again&s;t him; and that he the &s;aid <HI>Alexander</HI> &s;hould be pre&s;ent at the Bar in per&s;on: Now this Examinate &s;aith, That on the thirteenth day of this in&s;tant <HI>November,</HI> this Examinate did repair to the Chamber of the &s;aid Ma&s;ter <HI>Alexander</HI> in <HI>Lincolns</HI>-Inne, and there knocked at the door: but no an&s;wer being made, this Examinate walked a little a&s;ide. Within a &s;hort &s;pace, the door was opened, and a young man or youth coming out, and looking about, as it &s;eemed, to &s;ee who it was that knocked: Which this Examinate &s;eeing, did ask the young man or youth if he were not Master <HI>Alexanders</HI> Clerk or man, and where his Ma&s;ter was: who then confe&s;&s;ed, that the &s;aid Ma&s;ter <HI>Alexander</HI> was his Ma&s;ter; but that his &s;aid Master was not within, neither could he tell where his Master was. And then <HI>Henry Nevile</HI> Clerk to Ma&s;ter <HI>Jones,</HI> one of the Attor|neys of this Court, came into the Chamber, and asked the &s;aid <HI>Alexanders</HI> Clerk for his Ma&s;ter; who returning the like an&s;wer as he had done to this Examinate: Whereupon, the &s;aid <HI>Henry Nevile</HI> delivered a copie of the &s;aid Order to the &s;aid Ma&s;ter <HI>Alexanders</HI> man, willing him to give his Ma&s;ter pre&s;ent knowledge there|of: which he &s;aid he would do, a&s;&s;oon as he did &s;ee him. And this Examinate is per&s;waded, that the &s;aid <HI>Alexander</HI> hath had knowledge of the &s;aid Order, his man faithfully promi&s;ing to deliver it &s;o &s;oon as he could: Both this Examinate
<PB N="39" REF="39">and the &s;aid <HI>Henry Nevile</HI> charged him &s;o to do, and telling him how much it concerned his Ma&s;ter to take notice thereof.</P>
<CLOSER><SIGNED><HI>Jo. Arthur</HI> Dep. Ep. per Aylewry.</SIGNED>
<POSTSCRIPT>
<P><HI>Thomas Talbot</HI> of <HI>London</HI> Gent. doth depo&s;e, That this writing is a true copie of the Affidavit therein mentioned: examined by the original Record by me the &s;aid <HI>Thomas Talbot.</HI></P>
<CLOSER><DATE><HI>Jurat. 5 die Maii, 1642.</HI></DATE>
<SIGNED>Ro. Riche.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</FLOATEXT>
<P>This Affdavit, how cunningly &s;oever penned by Ma&s;ter <HI>Nevile,</HI> and that he hath carried him&s;elf in it, yet is no good &s;ervice of the &s;aid Or|der, as hath been ob&s;erved before; for <HI>Nevile</HI> well knew, Ma&s;ter <HI>Alexan|der</HI> was at this time, and above a week before, out of Town, when he went with <HI>Bag&s;haw,</HI> to make this &s;ervice upon the &s;aid Order, to <HI>Lincolns</HI>-Inne. And in all ca&s;es of this nature, where a like Order or Proce&s;&s;e is &s;erved to cau&s;e any to appear to hear Judgement, it ought to be fir&s;t made clear unto the Court, that the party to be &s;erved, if po&s;&s;ible, hath had per&s;onall notice, before they proceed to &s;entence, it being &s;o penall as afore&s;aid: And if it be not a per&s;onall &s;ervice made, yet then that there be &s;uch a &s;ervice made, appearing unto the Court, as by infallible con&s;e|quence the party mu&s;t have had knowledge of it, in convenient time to prepare him&s;elf for his Defence: for, in matters of giving judgement, it is not as in other ordinary Ca&s;es, of &s;erving Proce&s;&s;e to an&s;wer Bills, or interlocutory-Orders; where, if by a mi&s;take, or pre&s;&s;ing the &s;ervice be|yond the truth, the party fall into a contempt, of this he may purge him|&s;elf upon his Oath upon Interrogatories, according to the u&s;uall cour&s;e, and &s;o be &s;et <HI>Rectus in Curia</HI> again, and have repair made him without de|triment to his Cau&s;e: 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 fal&s;e &s;ervice of Proce&s;&s;e pre|&s;ented to the Court, the Court proceed to give judgement again&s;t the par|ty, there is no &s;uch Remedy to be had; nothing but a Writ of Errour, or Bill of review or rever&s;all of &s;uch Judgement or Sentence, can re&s;tore the the party again to what he hath thus lo&s;t or, &s;hall &s;uffer by it: and &s;uch Judgement or Sentence may po&s;&s;ibly in &s;uch ca&s;es be &s;o legally founded, that they cannot be avoided by any &s;uch way neither; and yet &s;uch parties may po&s;&s;ibly have had &s;uch matter of fact to have &s;hewn for them&s;elves upon tho&s;e hearings, if they had been heard, as would have acquitted them. The &s;ervice of this Order by <HI>Bag&s;hawe,</HI> you &s;ee what it is; His repair to Ma&s;ter <HI>Alexanders</HI> Chamber, unto <HI>Lincolns</HI>-Inne, where Ma&s;ter <HI>Alexander</HI> was not, and who will be depo&s;ed, that he was gone out of Town, about his occa&s;ions afore&s;aid, above a week before, in the Coun|trey: And though it be commonly pre&s;umed, a man will be, for the mo&s;t part, at his own hou&s;e, which is his Ca&s;tle, for to manage his e&s;tate, and to provide for his family; there is no &s;uch intendment or nece&s;&s;ity of a mans being at his chamber in another place, remote from his dwelling-hou&s;e, as this was, neer 100 miles di&s;tant: and therefore the leaving of this Order, in a ca&s;e &s;o penall, at his chamber here in <HI>London,</HI> where he
<PB N="38" REF="40">was tied to no con&s;tant re&s;idence, but might &s;tay and be gone again at his plea&s;ure, without preci&s;e proof of his being there: and per&s;onall no|tice, before the hearing, was no &s;uch &s;ervice of that Order as did warrant that Court to proceed to Judgment again&s;t him in his ab&s;ence, and without defence. Again ob&s;erve, albeit in the Setence it be expre&s;&s;ed, that a copie of this Order was left with Ma&s;ter <HI>Alexanders</HI> Boy or Clerk at his cham|ber at <HI>Lincolns</HI>-Inne; yet the Affidavit of <HI>Bag&s;haw</HI> &s;ays not &s;o; for he &s;wears onely, He gave it to a young man or youth of whom he enquired if he were not Ma&s;ter <HI>Alexanders</HI> Clerk or man, and where his Ma&s;ter was; who then confe&s;&s;ed, that Ma&s;ter <HI>Alexander</HI> was his Ma&s;ter; but that his &s;aid Ma&s;ter was not within, neither could he tell where he was: But his &s;aying &s;o, doth not make him &s;o, if in truth he were not &s;o; and all this doth not prove him to be &s;o: So tis clear, <HI>Bag&s;hawe</HI> knew him not to be Ma&s;ter <HI>Alexanders</HI> Clerk or man; and Ma&s;ter <HI>Alexander</HI> had more chamber-fellows that had Clerks and men then in Town, to whom it was certainly delivered by &s;ome willing mi&s;take, to make thus much of it in colour for the hearing. And what <HI>Nevile</HI> delivered, who was this <HI>Bag|&s;haws</HI> &s;etter, was &s;till but to this mi&s;taken Clerk or man, and therefore no whit to have been regarded for &s;uch a &s;ervice. Nor was it <HI>Bag&s;haws</HI> be|lief of notice, nor <HI>Neviles</HI> charge to that Clerk or man to deliver the &s;aid copie of the &s;aid Order to Ma&s;ter <HI>Alexander,</HI> that therefore concluded, He had notice, or that it was delivered unto him accordingly, as it was not. And if it had been Ma&s;ter <HI>Alexanders</HI> Clerk or man, <HI>Nevile</HI> knew him, and his name: for Ma&s;ter <HI>Jones</HI> &s;aith, He attended with the Books at the hear|ing of the cau&s;e again&s;t <HI>Yates;</HI> and that he took the &s;aid Depo&s;ition of <HI>John Warrens</HI> for him, and &s;hewed it to the Lord Keeper <HI>Coventry:</HI> Other Clerk or man Ma&s;ter <HI>Alexander</HI> had not; and if it had been he, <HI>Nevile</HI> would have cau&s;ed him to have been named; for he had a Chri&s;tian-name and Sir-name, but was not then in Town, as Ma&s;ter <HI>Alexander</HI> be|lieveth: So it is likely they &s;et up a man of &s;traw, and killed him when they had done: either feigned the being of &s;ome &s;uch man or Clerk there, that was not; or delivered the &s;ame to &s;ome man or Clerk that was no man or Clerk of Ma&s;ter <HI>Alexanders,</HI> and by a willing mi&s;take, made this u&s;e of it to condemn him in his ab&s;ence. How&s;oever, it was no good &s;ervice in it &s;elf, for the rea&s;ons afore&s;aid: and the Court was abu&s;ed by in&s;erting in the Sentence, either what <HI>Nevile</HI> voluntarily affirmed, clean from the matter; and that <HI>Bag&s;haw</HI> &s;hould depo&s;e that the copie of the &s;aid Order was left with Ma&s;ter <HI>Alexanders</HI> Clerk or man, which he did not &s;wear at all. And of nece&s;&s;ity mu&s;t Ma&s;ter <HI>Alexander</HI> make default at the hearing, when he was &s;o long before gone out of Town, and had no manner of notice, nor could have notice po&s;&s;ibly of the &s;aid intended hearing. And for his withdrawing him&s;elf, you have heard the occa&s;i|on, and when; and therefore no ways worthy of blame, or that any u&s;e ought to have been made of it, to his &s;o great di&s;advantage.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>12. <HI>WHereupon was read again in open Court the &s;aid <HI>Alexanders</HI> Affi|davit, and the &s;aid Certificate of the &s;aid Lord Chief Ju&s;tice, and Ma&s;ter Ju&s;tice <HI>Dodderidge.</HI> Upon the reading whereof and opening of all the parts and points thereof by Sir <HI>John Finch</HI> Knight, and Sir <HI>Heneage Finch</HI> Knight, Recorder of <HI>London,</HI> both of coun&s;el with the &s;aid <HI>Henry Nevile,</HI> who
<PB N="41" REF="40">was pre&s;ent in Court him&s;elf to &s;tand to justice; it plainly appeared to this most honourable Court, as well by divers apparent contrarieties between the &s;aid <HI>Alex|anders</HI> Affidavit before mentioned, and his Examination taken upon his Oath be|fore the Judges, as by divers other pregnant rea&s;ons and circum&s;tances, conducing to prove him guilty of this great offence.</HI> <BIBL>Fol. 5. in the Sentence.</BIBL></Q>
<P>Ma&s;ter <HI>Alexander</HI> doth appeal herein to all practi&s;ers in the&s;e Courts, if in their whole times of their practice they have never known any man to be fined upon &s;uch Generalls, which imply no certainty of any thing: For, to &s;ay it was &s;o, becau&s;e it is related that it was &s;o, in the Sentence, without &s;hewing wherein or how, I believe is a Pre&s;ident without Exam|ple, to convict any man of &s;uch a crime. But that this is a fal&s;e Allega|tion, as you have heard the full effect of Ma&s;ter <HI>Alexanders</HI> Affidavit re|cited almo&s;t Verbatim in the Sentence, before: &s;o now be plea&s;ed to read the &s;ame Certificate, which followeth in <HI>haec verba:</HI></P>
<FLOATEXT LANG="eng" TYPE="affidavit">
<OPENER><DATELINE>In Camera Stell. <DATE><HI>7</HI> die Novembris, anno <HI>1626.</HI> &s;ecundo <HI>Caroli</HI> Regis.</DATE></DATELINE> The Certificate of Sir <HI>Randal Crew</HI> Knight, Lord chief Ju&s;tice of his Maje&s;ties Bench; and Sir <HI>John Dodderidge</HI> Knight, of the Ju&s;ti|ces of his Maje&s;ties &s;aid Bench: between <HI>Jerome Alexander</HI> and <HI>Henry Nevile.</HI></OPENER>
<P>ACcording to an Order of this honourable Court of the <HI>27</HI> of <HI>October</HI> last, we have examined the parties concerning the blotting out of two words in the Depo&s;ition of one <HI>John Warren, viz.</HI> (<HI>that</HI> and <HI>did</HI>) being for the advantage of the Plaintiff <HI>Alexander:</HI> And we have likewi&s;e examined Ma&s;ter <HI>Hooker,</HI> one of the Attorneys of this Court: <HI>Gay</HI> the Examiner, that took the Examination, and <HI>Wright</HI> the Clerk that wrote them, being both dead.</P>
<P><HI>Nevile</HI> denieth the altering of <HI>Warrens</HI> Depo&s;ition, and &s;aith, He never &s;aw it from the time it was first taken out, till it was read in Court: He denieth that ei|ther he, or any other, to his knowledge, did alter the &s;ame; and that he never exa|mined the copie with the Original; neither did the Plaintiff ever leave the &s;ame with <HI>Nevile</HI> to be examined: He denieth the having of any Reward for Exami|nation thereof, for he was never required to examine the &s;ame.</P>
<P><HI>Alexander</HI> denieth expre&s;ly the alteration of <HI>Warrens</HI> Depo&s;ition, or that it was done by him, or by any other by his procurement: He &s;aith, He went to Ma&s;ter <HI>Hud&s;on,</HI> to peru&s;e his Depo&s;itions, being of Coun&s;el with him: And that the De|po&s;ition of <HI>John Warren,</HI> when Ma&s;ter <HI>Hud&s;on</HI> peru&s;ed the &s;ame, was without any blotting or alteration; and that the two words (<HI>that</HI> and <HI>did</HI>) were then fair in the &s;ame copie, not &s;cored nor blotted: And Ma&s;ter <HI>Hud&s;on</HI> told him, upon peru|&s;all of the &s;ame, That it was but upon hear&s;ay, and made not for him: Whereupon this Examinate told him, That divers were pre&s;ent at an Arbitrement intended, when it was &s;poken preci&s;ely by <HI>Robert Warren,</HI> and not by hear&s;ay: And there|upon Ma&s;ter <HI>Hud&s;on</HI> advi&s;ed him to examine it with the Record: Whereupon he went to <HI>Nevile,</HI> and &s;hewed him the Depo&s;ition, and what Ma&s;ter <HI>Hud&s;on</HI> concei|ved thereof: and then <HI>Nevile</HI> would have blotted out tho&s;e two words, if this Ex|aminate had not re&s;trained him. And after, they went to the Examiners Office, to have compared it with the Originall: But he being not then to be found, this Ex|aminate
<PB N="38" REF="41">left the Depo&s;itions with <HI>Nevile,</HI> and afterwards received the &s;ame again from <HI>Nevile</HI> with tho&s;e two words blotted out, the &s;ame being done without his pri|vity of procurement. And this Examinate &s;aith, That the Cau&s;e was heard in this Court the &s;ame day he went to examine the copie with the Record, and found the Re|cord to be fair, with tho&s;e two words in the &s;ame, whereat this Examinate was much a&s;toni&s;hed.</P>
<P>Being asked what extraordinary rewards <HI>Nevile</HI> received from him in the &s;olli|citing of his Cau&s;e, &s;aith, That in the Term he went to Ma&s;ter <HI>Hud&s;on</HI> for advice, he gave <HI>Nevile</HI> &s;ix &s;hillings before he went to Ma&s;ter <HI>Hud&s;on:</HI> And when he had the Book from <HI>Nevile, Nevile</HI> demanded of him two &s;hillings, as a Fee due to the Examiner. But <HI>Nevile</HI> denieth that he had any money of him that Term; and thinketh in his con&s;cience, That, for the drawing of the Bill, and drawing part of the Interrogatories, and his care and pains as a Clerk in the Cau&s;e, he hath not had above thirty &s;hillings &s;ince the beginning thereof, being about &s;ix yeers past; nor that he had ever any thing from him &s;ince the Term the Cau&s;e was publi&s;hed in, which was <HI>vice&s;imo Jacobi,</HI> and copies of Books delivered, &s;aving of &s;uch mo|neys as he laid out for him in Court, and ten &s;hillings in money, he having laid out of his pur&s;e nine &s;hillings four pence thereof before.</P>
<P>Ma&s;ter <HI>Hooker</HI> depo&s;eth, That in the afternoon the &s;ame day the Cau&s;e was heard in court, M. <HI>Alexander</HI> met with M. <HI>Jones</HI> his Attorney and the Exami|nate, in <HI>Grays</HI>-Inne, where they went together to M. <HI>Jones</HI> his Study; and &s;eeing the Depo&s;ition there, &s;eemed thereupon to be in a great pa&s;sion or perplexity about the blotting out and defacing of the two words <HI>(that</HI> and <HI>did)</HI> out of <HI>Warrens</HI> De|po&s;ition, &s;aying, <HI>What an unfortunate man am I! what will become of me?</HI> And being asked by this Deponent, From whom he had received the Paper-copie, &s;aid, He could not tell whether he had it from <HI>Nevile,</HI> or from the Examiner him|&s;elf; but &s;aid and &s;wore, He altered it not, nor knew who altered the &s;ame; but that the copie was as he received it; and affirmed as much upon the view of the originall Examination with the Examiner: Howbeit, <HI>Alexander</HI> in his Affidavit depo|&s;eth, He left the copie of the Depo&s;itions with <HI>Nevil,</HI> to be examined, and recei|ved them from him again; <HI>Nevil</HI> telling him, He had examined them whith the Original, and that he had then made it to agree with the Record. This being the &s;tate of the Cau&s;e before us, we humble leave it to the judgement of this honour|able Court.</P>
<CLOSER><SIGNED>Hamo Claxton. <HI>Ran. Crewe. John Dodderidge.</HI> John Arthur, <HI>Dep.</HI></SIGNED>
<POSTSCRIPT>
<P><HI>Thomas Talbot</HI> of <HI>London</HI> Gent. doth depo&s;e, That this is a true copie of the Certificate therein mentioned. Examined by the original Record by me the &s;aid <HI>Thomas Talbot.</HI></P>
<CLOSER><DATE><HI>Jurat.</HI> 5 <HI>die Maii,</HI> 1642.</DATE>
<SIGNED>Ro. Riche.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</FLOATEXT>
<P>And now be plea&s;ed to ob&s;erve if there by any &s;uch contrarieties be|tween Ma&s;ter <HI>Alexanders</HI> Affidavit and the &s;aid Certificate of the Iudges as is alleadged in the Sentence. It mu&s;t needs be, that the Affidavit, be|ing drawn by Ma&s;ter <HI>Alexander,</HI> after his own way, as he under&s;tood the matter; and the Certificate, being made by direction of the Iudges, who did interrogate Ma&s;ter <HI>Alexander</HI> as they plea&s;ed, and &s;o to &s;et down things
<PB N="35" REF="41">after their own order and manner, there may be &s;ome &s;eeming difference, in words, and phra&s;e of &s;peech; but for &s;ub&s;tance, there is no manner of contrariety or variation at all. This is more in the Certificate, then in the Affidavit, That <HI>&s;o &s;oon as Ma&s;ter</HI> Alexander <HI>did &s;hew the &s;aid</HI> Iohn Warrens <HI>Depo&s;ition to the &s;aid</HI> Nevil, <HI>with the doubt in the Depo&s;ition conceived by his Coun&s;el, and the mark applied to it in the margin of the Paper-copie,</HI> Nevil <HI>would then have pre&s;ently blotted out tho&s;e two words</HI> (that <HI>and</HI> did) <HI>if Master</HI> Alexander <HI>had not re&s;trained him.</HI> Which cro&s;&s;e nothing at all in the Affi|davit; but makes <HI>Nevil</HI> the more culpable, and more clearly appear to be the man that did the fact: for he, that would then have done it before Ma&s;ter <HI>Alexanders</HI> face, without ever examining it with the Record, &s;ay|ing, He knew it to be but a mi&s;take; 'tis more likely he would do it be|hinder Ma&s;ter <HI>Alexanders</HI> back.</P>
<P>This is al&s;o contained in the Iudges Certificate, more then in the Affi|davit, <HI>viz.</HI> That <HI>Ma&s;ter</HI> Alexander <HI>going to the Office to examine the Depo&s;iti|on with the Record, and finding tho&s;e two words</HI> (that <HI>and</HI> did) <HI>fair in the Re|cord, was much a&s;toni&s;hed:</HI> Which word, <HI>a&s;toni&s;hed,</HI> is not in the Affidavit; yet doth not this contradict any thing in the Affidavit, but the more en|forceth Ma&s;ter <HI>Alexanders</HI> innocence of the fact: For, a&s;toni&s;hment is ra|ther a Compurgatour, then an Accu&s;er; not ari&s;ing from guiltine&s;&s;e, but from a meer other thing: As, that a man being &s;urpri&s;ed with a &s;udden Accu&s;ation, (as in this Ma&s;ter <HI>Alexander</HI> was) though armed with inno|cence, that he cannot be pierced; yet may he be amazed with &s;o unexpe|cted a charge. It oftentimes proceeds from &s;en&s;iblene&s;&s;e of di&s;grace, a|&s;hamed, though innocent, to be within the &s;u&s;picion of &s;uch faults; or that he hath carried him&s;elf &s;o, that any tongue dur&s;t be &s;o impudent as to lay it to his charge. May happen from a di&s;ability to acquit him&s;elf at the in&s;tant, his integrity wanting rather clearing then clearne&s;&s;e: therefore &s;aith <HI>Job, The upright man &s;hall be a&s;toni&s;hed at this, and the innocent &s;hall &s;tir up him &s;elf again&s;t the hypocrites, Job</HI> 17.8. The very Di&s;ciples were a&s;to|ni&s;hed at Chri&s;ts words, <HI>Mark</HI> 10.34. and in the 26 ver&s;e it is &s;aid, <HI>They were a&s;toni&s;hed</HI> &s;o <HI>out of mea&s;ure, &s;aying, Who then can be &s;aved?</HI> &s;hewing how difficult a thing it is for a rich man to enter into the Kingdom of Heaven. And &s;o in many other places of Scripture, a&s;toni&s;hment is mo&s;t common|ly taken in a good &s;en&s;e. And thus 'tis plain, that upright and innocent men are oftentimes a&s;toni&s;hed: So that upon ob&s;ervation of both, there is not eny variation or contrariety in Ma&s;ter <HI>Alexanders</HI> Affidavit, and his Examination before the Iudges in matter of &s;ub&s;tance at all; but the &s;ame is untruely alleadged in the Sentence without ground or warrant, to make for their purpo&s;e again&s;t the truth.</P>
<P>And as to that part of the Certificate from the Iudges which concerns <HI>Nevils</HI> Examinations; as it is onely to excu&s;e him&s;elf of an offence where|with he &s;tood fir&s;t charged; and as it was unwarrantably grounded and admitted to be done at fir&s;t: &s;o you finde them not pre&s;&s;ed, nor any u&s;e made of them at all, fir&s;t or la&s;t: And &s;ince, for rea&s;ons be&s;t known unto the Court, they &s;et them a&s;ide as u&s;ele&s;&s;e and not warranted; and for which there was great rea&s;on &s;o to do. So they &s;hall need no other An&s;wer. And as &s;ure as there is a God in heaven, &s;o certain it is, that what <HI>Nevil</HI> hath therin &s;aid is contrary to the truth, and &s;o afterwards did thrive according|ly; and M. <HI>Alexander</HI> could have di&s;proved all of it by many Witne&s;&s;es,
<PB N="44" REF="42">&s;aving that onely part concerning his blotting out the words; which he did, or cau&s;ed to be done, as God is true.</P>
<P>Then, as to that other part of the &s;aid Certificate, which mentions Ma|&s;ter <HI>Hookers</HI> Examinations and Te&s;timony in this bu&s;ine&s;&s;e, it maketh no|thing at all to cro&s;&s;e any thing &s;aid by Ma&s;ter <HI>Alexander</HI> in his own De|fence: And it hath partly received an An&s;wer formerly, as it is mentioned in the Sentence to be a Di&s;cour&s;e between Ma&s;ter <HI>Alexander,</HI> Ma&s;ter <HI>Jones</HI> and him, in Ma&s;ter <HI>Jones</HI> his Studie in <HI>Grays</HI>-Inne, the day the cau&s;e was heard between Ma&s;ter <HI>Alexander</HI> and <HI>Yates:</HI> But the Bent and Scope of all that was, To en&s;nare and intangle Ma&s;ter <HI>Alexander</HI> in his talk, and to ga|ther from his words or carriage what&s;oever might po&s;2ibly make to charge the offence on him: therefore he &s;aith, fir&s;t, That Ma&s;ter <HI>Alexander</HI> &s;ee|med to have been in a great pa&s;&s;ion and perplexity, about the blotting out of tho&s;e words: but that which &s;eemeth to be a thing, is not the &s;ame: <HI>Nullum &s;imile e&s;t idem.</HI> And what followed from thence? Would it not have perplexed any man, or a&s;toni&s;h him, on &s;uch a &s;udden to under&s;tand all his bu&s;ine&s;&s;e to be &s;o changed, his adver&s;ary relea&s;ed, whom he left in cu&s;todie upon a Sentence pronounced again&s;t him; and upon the point de|clared to be di&s;mi&s;&s;ed with his co&s;ts, when Ma&s;ter <HI>Alixander</HI> expected to have had co&s;ts from him, and that ju&s;tly? Might not M. <HI>Alexander</HI> term it al&s;o an unfortunate thing, to be thus dealt withall on all hands; and per|ceiving, that tho&s;e which &s;hould have a&s;&s;i&s;ted him in &s;etting things right again, went thus about for to betray him? But fain this Gentleman would wre&s;t or pick &s;omething out of the&s;e words, and take an advantage of his own wrong.</P>
<P>To make &s;ome thing again&s;t Ma&s;ter <HI>Alexander</HI> out of this Di&s;cour&s;e, &s;o &s;aid to catch him and &s;urpri&s;e him, that when they asked him, <HI>From whom he had received the Paper-copie,</HI> &s;aid, <HI>He could not tell whether he had them from</HI> Nevil, <HI>or from the Examiner him&s;elf.</HI> If he &s;aid &s;o, What of this? hath not many a man in ordinary di&s;cour&s;e, and being taken upon a &s;ud|den, to an&s;wer to things done long before, &s;aid that, which, upon &s;econd thoughts, and coming to be depo&s;ed thereupon afterwards, upon delibera|tion, and recollecting of him&s;elf, he hath varied from? And was this ever yet counted an offence in any man, but in Ma&s;ter <HI>Alexander,</HI> to be well ad|vi&s;ed of that he &s;wears for truth? And yet if what pa&s;&s;ed from him in this di&s;cour&s;e &s;hall be rightly weighed and con&s;idered, there is nothing in it that in the lea&s;t makes again&s;t Ma&s;ter <HI>Alexander,</HI> or that cro&s;&s;eth any thing which he hath either &s;worn or &s;poken in the defence of his inno|cence.</P>
<P>Tis true, Ma&s;ter <HI>Hooker</HI> would invert the meaning of the words to a fained and &s;trained &s;en&s;e, as if it &s;hould imply a contrariety, that once Ma&s;ter <HI>Alexander</HI> &s;hould &s;ay, He knew not from whom he had the copie, and then afterwards &s;hould depo&s;e the matter &s;o preci&s;ely again&s;t <HI>Nevil,</HI> as to make him the offender. To that other An&s;wer which Ma&s;ter <HI>Alex|ander</HI> hath already given of &s;peaking words in pa&s;&s;ion, and upon bare di&s;|cour&s;e, and after depo&s;ing to the &s;ame matter upon &s;econd thoughts, and deliberation, adde this, and con&s;ider that Ma&s;ter <HI>Alexander</HI> in his Affida|vit depo&s;eth, That there were two receivings of this copie of the Depo|&s;ition of <HI>John Warren:</HI> the fir&s;t time from the Examiner, or <HI>Nevil,</HI> when he took it and carried it to his Coun&s;el Ma&s;ter <HI>Hud&s;on</HI> to peru&s;e; and at
<PB N="45" REF="42">that time it is not materiall from which of them he received it; for it makes nothing one way or other from which of them he then had it: but &s;ure he is, that <HI>Nevil</HI> got that copie and all other copies from him, which he had of any thing done in the Office, or otherwi&s;e, in that Cau&s;e; el&s;e what need &s;hould Ma&s;ter <HI>Alexander</HI> have had of his &s;ollicitation, and to have done the work him&s;elf? And all that were Sollicitours in that Of|fice, as he was, did &s;o for their Clients; it was their duties, and for that onely they had their wages: But then when Ma&s;ter <HI>Alexander</HI> had thus carried it to his Coun&s;el, who had peru&s;ed it, and directed it to be exami|ned with the Record, with a mark in the margin made again&s;t it; then it was delivered again to <HI>Nevil</HI> for that purpo&s;e, and then Ma&s;ter <HI>Alexander</HI> afterwards received it the &s;econd time from <HI>Nevil</HI> again, with the words (<HI>that</HI> and <HI>did</HI>) &s;o defaced, <HI>&amp;c.</HI> And this later receiving was that receiving of this copie from Ma&s;ter <HI>Nevil,</HI> when this alteration was committed: So that upon the fir&s;t Conference the An&s;wer was made, as it was con|ceived, and according to the times and places where it was propounded and an&s;wered, that is to &s;ay, in Ma&s;ter <HI>Jones</HI> his Studie, and the Examiners Office, which related to that receiving of them the fir&s;t of all; and that might be delivered doubtfull, without any di&s;advantage, and yet Ma&s;ter <HI>Alexanders</HI> Oath &s;tands clear too, and without exception, that he did in|form the further carriage of the bu&s;ine&s;&s;e to make the truth appear; and all &s;tands very well together: And tis again&s;t the Rule, to fetch blood out of a mans words, and to &s;train an intendment thereof beyond the ge|nuine meaning of the &s;peaker; and therefore in Law they are always to be taken in <HI>mitiori &s;en&s;u,</HI> mo&s;t favourable for him that &s;peaks them, where by any means they might be wre&s;ted to a contrary interpretation. But then Ma&s;ter <HI>Hooker</HI> doth further expre&s;&s;e the&s;e other words al&s;o falling from Ma&s;ter <HI>Alexander</HI> in that di&s;cour&s;e, <HI>viz.</HI> That Ma&s;ter <HI>Alexander</HI> then &s;hould have <HI>&s;aid and &s;wore, He altered it not, nor knew who altered the &s;ame;</HI> and that being true, How could he &s;ay that <HI>Nevil</HI> did it? Both are true, and contradicts nothing of what&s;oever Ma&s;ter <HI>Alexander</HI> hath either &s;aid or &s;worn in this matter, when once rightly under&s;tood. For the fir&s;t, that Ma&s;ter <HI>Alexander</HI> did it not, that is true, and hath been continually main|tained and ju&s;tified by Ma&s;ter <HI>Alexander,</HI> both upon his words, and up|on his Oath, fir&s;t and la&s;t. Then, that he knew not who altered the &s;ame, al&s;o well &s;tandeth with his Depo&s;ition: for, he depo&s;eth the man|ner how he left it with <HI>Nevil</HI> to be examined with the Record; and that afterward <HI>Nevil</HI> gave it him again &s;o blotted as it was; and that <HI>Nevil</HI> did it, or cau&s;ed it to be done; and &s;o Ma&s;ter <HI>Alexander</HI> could not know who actually did it, whether <HI>Nevil</HI> him&s;elf, or any other, and yet received &s;o done from <HI>Nevil,</HI> and was &s;o his offence equally, whether done by him|&s;elf, or by his direction; and therefore Ma&s;ter <HI>Alexander</HI> &s;tands the more clear in his Oath, being made with this caution: and he who doth a thing by another, &s;eemeth to do it by him&s;elf: and in common parliance, men do u&s;e to &s;ay, I have done &s;uch a thing or &s;uch a thing for you, when he hath onely cau&s;ed and procured it to have been done for him by another, a&s;&s;uming the act as his, that hath been done by his procurement: And &s;o Ma&s;ter <HI>Nevil</HI> did &s;ay, He had made it to agree with the Record, although he &s;peaketh this fal&s;ly, to make Ma&s;ter <HI>Alexander</HI> the rather believe it; and therefore it was more &s;afe for Ma&s;ter <HI>Alexander</HI>
<PB N="46" REF="43">to depo&s;e the manner how, that he delivered the copie to him fair, and received it with tho&s;e alterations; and that either <HI>Nevil</HI> did it him&s;elf, or cau&s;ed it to be done, which in effect was one and the &s;ame thing, and thus not po&s;&s;ible for Ma&s;ter <HI>Alexander</HI> to know who actually did it. There is this al&s;o more remarkable in Ma&s;ter <HI>Hookers</HI> Examinations upon his Oath, and in his Relation of the Conference which pa&s;&s;ed between him, Ma&s;ter <HI>Jones</HI> and Ma&s;ter <HI>Alexander</HI> in Ma&s;ter <HI>Jones</HI> his Studie: For in court, when he was demanded his knowledge of what pa&s;&s;ed in that Di&s;cour&s;e, not be|ing upon his oath, he an&s;wered, and &s;o tis alleadged in the Sentence that he &s;hould relate, That Ma&s;ter <HI>Alexander</HI> &s;hould then &s;ay, <HI>That the Paper|copie of</HI> John Warrens <HI>Depo&s;itionwas as he fir&s;t received it:</HI> But in his Exa|minations upon Oath before the Judges, he leaves out this word, <HI>fir&s;t,</HI> and &s;ays, that Ma&s;ter <HI>Alexander</HI> an&s;wered his que&s;tion, <HI>That the &s;aid copie was as he received it;</HI> which makes a very main and great difference: for this word <HI>fir&s;t</HI> being added, (as they had &s;tudied it) made much for their pur|po&s;e; that is to &s;ay, If it were &s;o as when Ma&s;ter <HI>Alexander</HI> fir&s;t received it, then how could <HI>Nevil</HI> blot out tho&s;e words afterwards, e&s;pecially if Ma&s;ter <HI>Alexander</HI> received it from the Examiner, to which &s;en&s;e they would pre&s;&s;e the meaning of the words, and then there mu&s;t be a meer repugnancie to truth in &s;uch ca&s;e, and an impo&s;&s;ibility in that, and &s;o at fir&s;t blu&s;h to a cur&s;ary under&s;tanding of the words, <HI>Nevile</HI> mu&s;t of force be clear of the Accu&s;ation, and Ma&s;ter <HI>Alexander</HI> catched, as they are el&s;ewhere plea&s;ed to call it, in this matter. But you &s;ee God will have truth come to light, in de&s;pight of the adver&s;ary; and therefore Ma&s;ter <HI>Hooker,</HI> when he onely &s;ays, without Oath, then he &s;peaks one thing; but when he is examined upon his Oath before the Judges, then he &s;ays ano|ther thing: And the words &s;poken by Ma&s;ter <HI>Alexander</HI> being no other, but, <HI>That the copie of the &s;aid Depo&s;ition was as he received it,</HI> agrees in terms with Ma&s;ter <HI>Alexanders</HI> Affidavit in all things, which is, <HI>That it was as he received it the &s;econd time from</HI> Nevil, <HI>after that it was left with him to be ex|amined by the Record; and that he delivered it back again to</HI> Ma&s;ter <HI>Alexander, and &s;aid, That he had examined it, and made it to agree with the Record.</HI> And thus Ma&s;ter <HI>Hookers</HI> te&s;timony makes nothing again&s;t Ma&s;ter <HI>Alexanders</HI> te&s;timony at all. And ob&s;erve further, that even Ma&s;ter <HI>Hooker</HI> him&s;elf is enforced to flee unto that common Rule of &s;econd thoughts to be more &s;age and certain, and that there is a difference between words &s;poken at randome, and in ordinary di&s;cour&s;e, and afterwards premi&s;ed, and delive|red in a &s;olemn Oath. And ob&s;erve further, that in the beginning of the Sentence pronounced again&s;t Ma&s;ter <HI>Alexander,</HI> it is related as if depo&s;ed by Ma&s;ter <HI>Hooker,</HI> That upon that Conference Ma&s;ter <HI>Alexander</HI> &s;hould affirm this thing, with many and heavie imprecations and oaths, vowing and prote&s;ting, He knew not of the blotting out of tho&s;e two words (<HI>that</HI> and <HI>did</HI>) in the &s;aid Depo&s;ition: Which is in&s;erted, of purpo&s;e to make Ma&s;ter <HI>Alexander</HI> &s;eem little con&s;cientious of what he &s;wore judici|ally, that valued oaths and imprecations nothing in his ordinary di&s;cour&s;e. But of this Ma&s;ter <HI>Hooker</HI> likewi&s;e &s;ays nothing in his Examinations upon Oath before the Judges; (dealing in it indeed very clearly; for there was no &s;uch matter) And yet this al&s;o &s;hews, that Ma&s;ter <HI>Hooker</HI> was not &s;o con&s;tant to his relations, but that he knew a difference what it was to &s;ay, and what to &s;wear. And Ma&s;ter <HI>Alexander</HI> doth appeal to all men that
<PB N="47" REF="43">have known his conver&s;ation both before and &s;ince, if ever he were addi|cted to that abominable vice of taking the ble&s;&s;ed Name of God in vain. But &s;ee what the devil can do, when he wants truth for his accu&s;ations; and ob&s;erve unto what &s;hifts and &s;ubterfuges men are brought, when they do clothe inju&s;tice with a &s;eeming-holine&s;&s;e. And after all this, con&s;ider yet this further, that if Ma&s;ter <HI>Hooker</HI> had not been <HI>Yates</HI> his Attorney in that Cau&s;e, and had not preferred &s;uch an unwarrantable Bill of Co&s;ts again&s;t Ma&s;ter <HI>Alexander</HI> as he did, and had not joyned with Ma&s;ter <HI>Jones</HI> with his utmo&s;t endeavours to have fixed the offence upon Ma&s;ter <HI>Alexan|der</HI> as he did, and that he had not been a Witne&s;&s;e for <HI>Nevile</HI> free from all exceptions, as he was not, and had &s;worn &s;omething to the purpo&s;e for the clearing of <HI>Nevile,</HI> as he did not; yet then he had been but <HI>&s;ingu|laris Testis,</HI> to whom <HI>nullafides</HI> in the Cau&s;e, whereupon to have grounded a Sentence again&s;t Ma&s;ter <HI>Alexander</HI> in that matter: Tis true, when ma|ny vehement and &s;trong pre&s;umptions are coupled together, &s;ometimes a &s;ingle and clear te&s;timony beyond all exception, rarely, in matters Civil, and betwixt party nd party, relief hath been thereupon afforded unto the oppre&s;&s;ed: but in matters Criminall, where the life, many times, and that which is always as dear and neer unto a good Chri&s;tian, His good Name, hath been que&s;tioned, and in danger, from the mouth of two or three Witne&s;&s;es at the lea&s;t, according to our Saviours Precept; in that ca&s;e the Judgement hath onely been e&s;tabli&s;hed. And before I end this part of the Sentence, let me ob&s;erve unto you one thing more, That the&s;e good Judges who took the&s;e Examinations, one of them yet living, Sir <HI>Randal Crewe</HI> Knight, then Lord Chief Ju&s;tice of <HI>England,</HI> a man fa|mous for his piety and ju&s;tice, and that in tho&s;e times cho&s;e rather to be di&s;charged of his place, then to &s;erve curns again&s;t his con&s;cience: and Ma&s;ter Ju&s;tice <HI>Dodderidge,</HI> known to be a learned and ju&s;t man; yet the&s;e two that made the Certificate, would neither of them be drawn into Court to give a Sentence or an opinion again&s;t Ma&s;ter <HI>Alexander</HI> therein; which they well under&s;tood mu&s;t have been done again&s;t their con&s;cien|ces, and again&s;t the truth.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>13. <HI>ANd al&s;o by the te&s;timony of</HI> Cook <HI>Gent. &s;worn in open Court, who upon his corporall Oath depo&s;ed, that the &s;aid</HI> Alexander <HI>had for|merly been taken very foul in his own Cau&s;e, in the &s;ame kinde, or wor&s;e, at a Triall in the County of</HI> Norfolk, <HI>at an A&s;sizes holden at</HI> Thetford, <HI>before the &s;aid Justice</HI> Dodderidge (<HI>who bound him to his good behaviour for the offence he then committed.</HI> <BIBL>Fol. 6 in the Sentence.</BIBL></Q>
<P>It is an old Proverb, <HI>Admit one errour, and a thou&s;and will follow. If one &s;heep breaks over the hedge, all the flock will after.</HI> You have heard with what untruths this Sentence thus far hath been &s;tufft out withall before, to make out &s;omething of nothing, if it had been po&s;&s;ible; to make this Sentence &s;eem foul, and Ma&s;ter <HI>Alexander</HI> &s;eem odious to all that &s;hall know nothing more but the reading of it; and &s;o &s;hall it appear to be as unju&s;t in that which follows. But what this <HI>Cook</HI> &s;hould be that hath no Chri&s;tian|name, I am not able to imagine: Sure he is <HI>filius nullius, filius populi,</HI> or of &s;ome &s;purious Brood, that hath nothing but a blank left for his Sirname, and his Chri&s;tian-name &s;et at the later end; He cannot be a Cook by Pro|fe&s;&s;ion,
<PB N="48" REF="44">&s;ure, and a Gentleman; although by the &s;lovenline&s;&s;e of his car|riage in this action, he &s;hews him&s;elf no better: So that what this <HI>Cook</HI> is, it is yet to be under&s;tood: but, be he what he will, or what he was that made &s;uch an Oath; I mu&s;t tell this Gentleman, he hath much forgotten him&s;elf, and hath much more wronged his con&s;cience, as much as they who did him the di&s;courte&s;ie to bring him into the open Court to make &s;uch an Oath, &s;o directly contrary to the truth, and took from him the honour to have it made a Record; for otherwhere it is not found regi&s;tred in that Court, but in the Record of this Sentence. And becau&s;e it is not &s;aid wherein Ma&s;ter <HI>Alexander</HI> was found thus very foul in his own Cau&s;e, <HI>&amp;c.</HI> and that it was in &s;ome &s;uch thing for which he was bound to his good behaviour by Ma&s;ter Ju&s;tice <HI>Dodderidge,</HI> then Judge of the A&s;&s;ize; be plea&s;ed to peru&s;e the Certificates following, and then judge of the truth of this Depo&s;ition.</P>
<FLOATEXT LANG="eng" TYPE="deposition">
<P><HI>I</HI> Have &s;earched the Book of the Clerk of A&s;sizes for the County of <HI>Norfolk,</HI> from the tenth yeer of King <HI>James,</HI> untill the third yeer of King <HI>Charles,</HI> and do not finde, in all that time, that <HI>Jerome Alexander</HI> was bound to his good beha|viour.</P>
<CLOSER><DATE><HI>23</HI> February, <HI>1641.</HI></DATE>
<SIGNED><HI>Ja&s;per Waterhou&s;e</HI> Deputat. Cler. A&s;siaz. ibid.</SIGNED>
<POSTSCRIPT>
<P><HI>Thomas Talbot</HI> of <HI>London,</HI> Gent. doth depo&s;e, That this Writing is a true Certificate of the matter therein mentioned, received from the hands of the &s;aid Ma&s;ter <HI>Waterhou&s;e,</HI> my &s;elf fir&s;t making &s;earch with him in the Books therein mentioned.</P>
<CLOSER><DATE><HI>Jurat.</HI> 5 <HI>die Maii,</HI> 1642.</DATE>
<SIGNED>Ro. Riche.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</FLOATEXT>
<P>And le&s;t it &s;hould be thought that this Gentleman Ma&s;ter <HI>Cook</HI> was but a little mi&s;taken; and that it was at &s;ome Se&s;&s;ions of the Peace in the &s;aid County where Ma&s;ter <HI>Alexander</HI> was &s;o bound unto his good beha|viour; give leave therefore to &s;atisfie him and the world in that al&s;o, by this other Certificate of the Clerk of the Peace in that County, as it fol|loweth.</P>
<FLOATEXT LANG="eng" TYPE="deposition">
<OPENER><DATE><HI>4</HI> dir Martii, <HI>1640.</HI></DATE></OPENER>
<P>UPon &s;earch of all the Se&s;sions-Books, from <HI>primo Jacobi,</HI> till <HI>tertio Caroli,</HI> I do not finde, in all that time, that <HI>Jermoe Alexander</HI> E&s;q; was ever bound either to the Peace or good Behaviour: And this I &s;hall be ready to approve by the &s;aid Records, when&s;oever it &s;hall be required.</P>
<CLOSER><SIGNED><HI>Edmund Angui&s;he,</HI> Cler. pacis Com. <HI>Norf.</HI></SIGNED></CLOSER>
</FLOATEXT>
<P>And that it may appear there are no more or other Affidavits made in that Cau&s;e upon Record in the Court of Star-Chamber, then what hath formerly been herein remembred, be plea&s;ed to ca&s;t your eye upon this other Certificate following, which will &s;atisfie that for truth.</P>
<PB N="49" REF="44">
<FLOATEXT LANG="eng" TYPE="deposition">
<OPENER><DATELINE>In Camera Stell. <DATE>decimo &s;eptimo die <HI>Apriliis,</HI> Anno decimo &s;eptimo <HI>Caroli</HI> Regis.</DATE></DATELINE></OPENER>
<P>IN the Cau&s;e wherein <HI>Jerome Alexander</HI> E&s;q; was Plaintiff in this honourable Court against <HI>John Yates</HI> and others Defendants, I finde, that in <HI>Michaelmas.</HI> Term, <HI>&s;ecundo</HI> Caroli <HI>Regis,</HI> there were but two Affidavits made in the &s;aid Cau&s;e, the one by the &s;aid Ma&s;ter <HI>Alexander,</HI> bearing date the <HI>26</HI> of <HI>October,</HI> and the other made by one <HI>Charles Bag&s;haw</HI> of <HI>Bernards</HI>-Inne <HI>London,</HI> Gent. bearing date the <HI>14</HI> day of <HI>November.</HI></P>
<CLOSER><SIGNED>Ex. per Aylwry.</SIGNED>
<POSTSCRIPT>
<P><HI>Thomas Talbot</HI> of <HI>London</HI> Gent. doth depo&s;e, That this Writing is the &s;ame Certificate which was delivered to me by Ma&s;ter <HI>Aylwry</HI> Officer, who&s;e name is thereunder &s;ub&s;cribed.</P>
<CLOSER><DATE><HI>Jurat.</HI> 5 <HI>die Maii,</HI> 1642.</DATE>
<SIGNED>Ro. Riche.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</FLOATEXT>
<P>And thus you have an Accu&s;ation without a Witne&s;&s;e, and a Witne&s;&s;e without a name, and both without truth. But, by this time, Ma&s;ter <HI>Alex|ander</HI> doubteth not but the Reader is &s;atisfied of this Gentleman Ma&s;ter <HI>Cook</HI> his gro&s;&s;e mi&s;take, not to call it otherwi&s;e. And Ma&s;ter <HI>Alexander</HI> in this ca&s;e doth al&s;o appeal to all men, if it were po&s;&s;ible for the mo&s;t in|nocent man alive, being thus dealt withall, or how&s;oever, to be free from de&s;truction, 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 aver&s;e unto tho&s;e times, and &s;u&s;pected might prove hurtfull to their de&s;ignes; and when that power of di&s;pen&s;ing the Laws for protecting the innocent, was put into the hands of tho&s;e which wre&s;ted it to their own ends, for the very oppre&s;&s;ion of the &s;ubject. but Ma&s;ter <HI>Cook</HI> hath done herein, as <HI>Nebuchad-nezzar</HI> told his dream: He tells his wi&s;e-men that he had a dream, but never tells them what it was.</P>
<P>But &s;ome will &s;ay, There was not &s;o much &s;moke, but &s;ure there was &s;ome fire; and therefore though this Ma&s;ter <HI>Cook</HI> hath mi&s;&s;ed the Cu&s;hion, yet there lies &s;ome Pad hid in the Straw, which, if it could be di&s;covered and found out, would happily make out &s;omething which Ma&s;ter <HI>Cook</HI> drives at: Therefore Ma&s;ter <HI>Alexander</HI> hath made a &s;trict &s;crutiny into him&s;elf, if po&s;&s;ible, to finde out this man, and his meaning, and &s;aith, That he cannot remember what this <HI>Cook</HI> &s;hould be, or what this matter &s;hould mean, if not this.</P>
<P>About the &s;eventeenth yeer of King <HI>James</HI> his Reign, there was then one <HI>Thomas Cook,</HI> a young man, who, by one Ma&s;ter <HI>Thomas Clowd&s;ley,</HI> &s;ometimes an Attorney in the Court of Common-Pleas, his father in law, was put unto <HI>Ryce Gwin</HI> E&s;quire, after Serjeant at Law, dwelling in the &s;ame Town with Ma&s;ter <HI>Alexander</HI> in <HI>Norfolk,</HI> to be one of his Clerks; with whom this Ma&s;ter <HI>Cook</HI> continued for &s;ome time: And &s;o it fell out, that in this time of their neighbouring together, Ma&s;ter Serjeant <HI>Gwin</HI> conceived &s;ome cau&s;le&s;&s;e di&s;plea&s;ure again&s;t Ma&s;ter <HI>Alexander,</HI> and waited but the opportunity to be revenged. Ma&s;ter <HI>Alexander</HI> in this time had
<PB N="50" REF="45">purcha&s;ed from a kin&s;man of his, one Ma&s;ter <HI>Thomas Plandon,</HI> as much land as came to 600 <HI>l.</HI> or thereabouts, for which he had given &s;everall Bonds for the payment of the money in time: But Ma&s;ter <HI>Plandon</HI> after|wards being de&s;irous to travell beyond the Seas, intreated ready money, and compounded to rebate for the time, to be &s;upplied with the main Sum pre&s;ently. Whereupon they concluded, and Ma&s;ter <HI>Alexander</HI> paid him the money: But becau&s;e the Bonds were not in Ma&s;ter <HI>Plandons</HI> hands for the pre&s;ent, he gave Ma&s;ter <HI>Alexander</HI> a particular Acquittance for the &s;ame debt, at fir&s;t; and not long after, anotyher more generall Relea&s;e, up|on fini&s;hing of all demands between them. Ma&s;ter <HI>Plandon</HI> having &s;pent his money, and being returned, and growing into all wants and extreme nece&s;&s;ities, a fit time to be wrought upon by evil Coun&s;el; and having yet the main Obligation in his hands, undelivered up, he made &s;hew of it to others as a reall debt, and by that means wrought him&s;elf into the ac|quaintance of tho&s;e that were more ready to believe it again&s;t Ma&s;ter <HI>Ale|xander,</HI> then he to utter it, and re&s;olved to engage with him to make it a que&s;tion. Ma&s;ter <HI>Alexander</HI> prefers his Bill in equity, to have the Bond delivered up. Ma&s;ter <HI>Plandon,</HI> and this Ma&s;ter <HI>Cook,</HI> then become an At|torney at Law, do commence a Suit again&s;t Ma&s;ter <HI>Alexander,</HI> upon the Bond; and with them many more joyn to manage the Cau&s;e, all his Ma|&s;ter among&s;t the re&s;t, if by any means, to recover it: Their pro&s;ecution was with &s;uch &s;peed, and &s;uch favour, as the matter was &s;oon brought unto a Triall. Ma&s;ter <HI>Alexanders</HI> Attorney having both Acquittances in his hands, pleads in Bar to the Action that which was more particular. Whereupon. I&s;&s;ue being joyned, a Jury was pickt out for the purpo&s;e; and the matter came to Triall before Ma&s;ter Ju&s;tice <HI>Dodderidge</HI> at <HI>Thetford</HI>-A&s;&s;izes, when Ma&s;ter <HI>Alexander</HI> proved the &s;ealing and delivery of the Relea&s;e. But it &s;o fell out, as there was one word interlined in that Re|lea&s;e, not any thing to the e&s;&s;ence of the Deed, which Ma&s;ter <HI>Plandons</HI> Coun&s;el, and Ma&s;ter <HI>Cook</HI> his Attorney pre&s;&s;ed to have been in&s;erted after the &s;ealing and delivery thereof, and &s;o, if true, the Relea&s;e void: And there being but one fingle Witne&s;&s;e to that Relea&s;e, being made in ha&s;te at Ma&s;ter <HI>Alexanders</HI> hou&s;e, a mile and more di&s;tant from any Town, and between kin&s;men, and on a time when Ma&s;ter <HI>Plandon</HI> po&s;ted his di&s;patch and departure upon his occa&s;ions; and although Ma&s;ter <HI>Plandon,</HI> being pre&s;ent at the Triall, did not deny it to be his hand and &s;eal, though he was directed to confe&s;&s;e nothing more that made agai&s;t him; and albeit the &s;aid Witne&s;&s;e being a &s;ub&s;tantiall Ycoman of the Countrey, and with|out all exception that te&s;tified the &s;ealing and delivery thereof unto Ma&s;ter <HI>Alexander,</HI> as the truth was; and albeit Ma&s;ter <HI>Alexander</HI> produced his other generall Relea&s;e, te&s;tified by many Witne&s;&s;es, though not pleaded, where|by the debt appeared to be fully &s;atisfied: yet, upon this device and co|lour, and having obtained a Jury for that purpo&s;e, he gained a Verdict again&s;t Ma&s;ter <HI>Alexander,</HI> for the whole penalty of the Obligation; which they after pur&s;ued with that eagerne&s;&s;e, and obtained &s;uch favour by the friend&s;hip they had, and means they u&s;ed in the Courts of Ju&s;tice, that pre&s;ently they obtained Judgement, and took Ma&s;ter <HI>Alexander</HI> im|mediately in Execution: And being thus re&s;trained, and in pri&s;on, for &s;o great a demand, which he was no ways able to &s;atisfie, without &s;ale of his Lands: And the &s;ub&s;i&s;tence of him&s;elf, his wife and family princi|pally
<PB N="51" REF="45">depending upon his endeavours in the cour&s;e of his Profe&s;&s;ion; and being then in a fair way of Advancement, being employed by many no|ble friends, and having many Steward&s;hips, and other employments of like nature, which of nece&s;&s;ity he mu&s;t have forgone, and lo&s;t the benefit of, and been ruined in all, if to continue in re&s;traint whiles he &s;hould in a legall way que&s;tion the inju&s;tice and mi&s;carriages of tho&s;e proceedings; and being involved in &s;o great a &s;trait, was advi&s;ed and per&s;waded by his friends (although, he mu&s;t confe&s;&s;e, much again&s;t his wil) rather to &s;it down under the burden, then to be ruined both in his e&s;tate and profe&s;&s;ion alto|gether: And they having <HI>M. Alexander</HI> at this advantage, as the lea&s;t of the&s;e evils, he was thus enforced, for his enlargement, to &s;ell his Lands to pay this great debt over again, and to give them a generall Relea&s;e into the bargain, (for that they would have the fir&s;t of all) or el&s;e he mu&s;t lie by it, and be ruine and lo&s;t in his Fortune and e&s;tate: And when <HI>M. Alexander,</HI> upon this Agreement, had the bond delivered up, which by his plea was confe&s;&s;ed, he found that his kin&s;man had been more ju&s;t then he expected; for he found the bond had been cancelled, and the Seal clo&s;ed down a|gain in the old place with a little Starch; which then it was too late to call in que&s;tion: be&s;ides that, <HI>M. Alexander</HI> &s;aw little hopes to right him&s;elf by any Suit of Law for &s;o great an injury, for that he under&s;tood his &s;aid kin&s;man had &s;hared and divided the greate&s;t part of the money pre&s;ently among&s;t tho&s;e that were his abettours and a&s;&s;i&s;tants; and that he had given 100 <HI>l.</HI> for Coun&s;el-Fees, and 60 <HI>l.</HI> or thereabouts for Attorneys Fees and Clerks Fees, whereof this <HI>M. Cook</HI> had the greate&s;t &s;hare, and other great Sums of money to others that did him &s;ervice in the bu&s;ine&s;&s;e: And, <HI>'Tis an ill winde blowes no man unto good.</HI> This Conque&s;t thus obtained again&s;t <HI>M. Alexander,</HI> bred &s;uch &s;pirit in <HI>M. Cook,</HI> and gained him &s;uch applau&s;e and reputation, that he &s;hortly after admitted him&s;elf of <HI>Grays</HI>-Inne, and within le&s;&s;e then three yeers, got a bare Gown upon his &s;houlders, and became a great Practi&s;er at Law, and afterwards fell in at Court, gained employment about the Fen-bu&s;ine&s;&s;e in the I&s;le of <HI>Ely,</HI> and recovering of Lands gained from the Sea in <HI>Norfolk</HI> and other Counties, for divers Cour|tiers to whom his Maje&s;tie had granted his Right and demand thereunto, and was u&s;ed in many Projects of like nature; gained a Patent of the Steward&s;hip of the Kings Fore&s;ts and Cha&s;es in <HI>E&s;&s;ex,</HI> and thru&s;t out a far hone&s;ter man then him&s;elf from that employment; got to be made a Ju|&s;tice of the Peace. And if this be that <HI>Cook</HI> that is mentioned in the Sen|tence, this mu&s;t of nece&s;&s;ity be that bu&s;ine&s;&s;e which he drived at; for <HI>M. Alexander</HI> profe&s;&s;eth he knoweth not of any other thing that ever hapned to him of like nature, in all his life; and concerning the carriage whereof, he leaveth him&s;elf to be judged accordingly. And thus <HI>M. Alexander</HI> hath been &s;et, for the ri&s;ing of &s;ome; and his di&s;a&s;ters have been the be|ginning of the Ri&s;e of two great Lawyers, <HI>M. Fountain</HI> being one of them, now with his Maje&s;tie, acting again&s;t the Parliament; and the other, this <HI>M. Cook,</HI> who hath not yet fully &s;hewn his heart what it is, for want of opportunity.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>14. <HI>ANd for that al&s;o the &s;aid</HI> Alexander <HI>was fled, and dur&s;t not abide Judgement, as the &s;aid</HI> Nevil <HI>did, who pro&s;ecuted him for that offence.</HI> <BIBL>Fol. 6 in the Sentence.</BIBL></Q>
<PB N="52" REF="46">
<P>That there was no &s;uch fleeing in the Ca&s;e, hath been &s;aid before; and the rea&s;on given of Ma&s;ter <HI>Alexanders</HI> leaving the Town, after the bu&s;i|ne&s;&s;e had been again examined before the Judges, <HI>viz.</HI> to finde out Let|ters in the Countrey which he had formerly received from <HI>Nevil</HI> about that bu&s;ine&s;&s;e, which he conceived might more fully inform again&s;t <HI>Ne|vil</HI> for this offence, and which no other but him&s;elf could &s;o well finde among&s;t a multitude of papers which he had there to &s;earch and look over: And before that <HI>Nevil</HI> did under&s;tand that Ma&s;ter <HI>Alexander</HI> was gone out of Town, he &s;tirred very little in the bu&s;ine&s;&s;e: but afterwards, he procures the Certificate from the Judges to be returned, which bears date the 7 of <HI>Novemb.</HI> 2 <HI>Car.</HI> then the 10 of <HI>November</HI> following, he pro|cures it to be read and debated in Court: and the 17 of <HI>November</HI> follow|ing, he procures the Cau&s;e to be heard: So that in &s;even days time, be|fore it was po&s;&s;ible for Ma&s;ter <HI>Alexander</HI> to ride down to his hou&s;e in the Countrey, being 100 miles from <HI>London,</HI> and return again, he had procu|red the Sentence to be given in his ab&s;ence, without any defence: And what ju&s;tice there was in this Proceeding, let any man judge. Thus all things, you &s;ee, are done &s;utable to one another. And that it may appear to be no fiction for the Cau&s;e of Ma&s;ter <HI>Alexanders</HI> journey then made in|to the Countrey, be plea&s;ed to ob&s;erve a Letter of <HI>Nevils</HI> written to him concerning this bu&s;ine&s;&s;e, which he found at that time among&s;t his papers.</P>
<LETTER LANG="eng">
<HEAD>To his a&s;&s;ured good friend Ma&s;ter <HI>Jerome Alexander,</HI> at <HI>Wal&s;ingham,</HI> give the&s;e.</HEAD>
<OPENER><SALUTE>M. ALEXANDER,</SALUTE></OPENER>
<P><HI>I</HI> Never heard from you by Letter &s;ince you went down, untill about a fortnight &s;ince I received one by the Foot-Po&s;te, by whom I did return you An&s;wer, and did expect to have heard from you this last week; but it &s;eems it was not come to your hands when you writ this last: and &s;ince that time we have had no &s;eal, nor &s;hall have any till <HI>Friday</HI> next. Ma&s;ter <HI>Gay</HI> is not in Town: but &s;o &s;oon as he comes up, I will take a cour&s;e with him that &s;hall be fit. Concerning <HI>Grout,</HI> you &s;hall re|ceive your <HI>Subpena's</HI> &s;o &s;oon as I can get them &s;ealed, and hear of a fit Me&s;&s;enger. And &s;o, with remembrance of my love, I rest,</P>
<CLOSER><DATE><HI>September 13. 1623.</HI></DATE>
<SIGNED><HI>Your a&s;&s;ured friend, ever to command,</HI> Hen. Nevil.</SIGNED></CLOSER>
</LETTER>
<P>Which Letter, you may perceive, was the An&s;wer of a former Letter written by Ma&s;ter <HI>Alexander</HI> unto <HI>Nevil:</HI> Wherein be plea&s;ed for to ob|&s;erve, That <HI>Nevil</HI> an&s;wers a part of Ma&s;ter <HI>Alexanders</HI> &s;aid letter con|cerning Ma&s;ter <HI>Gay,</HI> which was the Examiner of the Court named in the Sentence, that took tho&s;e Depo&s;itions: And the truth is, that Ma&s;ter <HI>Ale|xander</HI> having left this Depo&s;ition with <HI>nevil</HI> to be examined with the Re|cord, when he left the Town: He promi&s;ed to do it, and to write Ma&s;ter <HI>Alexander</HI> word thereof into the Countrey: Which he having for &s;ome time neglected to do, Ma&s;ter <HI>Alexander</HI> wrote unto him, to put him in minde thereof, and de&s;iring to be &s;atisfied how it &s;tood with the Re|cord: In An&s;wer whereof, he writes, that <HI>Ma&s;ter</HI> Gay <HI>is not in Town; but
<PB N="53" REF="46">&s;o &s;oon as he comes up, I will take a cour&s;e with;</HI> which was, To examine the Depo&s;ition with the Record; for at this time Ma&s;ter <HI>Alexander</HI> had no|thing more to do with Ma&s;ter <HI>Gay;</HI> publication being pa&s;t, and the copie of the Books taken out in the later end of <HI>Trinity</HI>-Term before: And when Ma&s;ter <HI>Alexander</HI> afterwards came to <HI>London,</HI> Ma&s;ter <HI>Nevil</HI> then de|livers him the copie of the Depo&s;ition, and &s;ays he had made it to agree with the Record, in manner and form as hath been formerly informed; and from that time, untill <HI>&s;ecundo Caroli</HI> that the Cau&s;e was heard, the Books were laid up, and never looked upon by Ma&s;ter <HI>Alexander,</HI> which was for above three yeers &s;pace. And this is the very truth concerning this particular. And truely you may perceive by that which hath gone before, that albeit Ma&s;ter <HI>Alexander</HI> did not go away for any &s;uch rea&s;on that he had to fear the ju&s;tne&s;&s;e of his Cau&s;e; yet if he had been tzed, as <HI>Laban</HI> did <HI>Jacob,</HI> to have fled away &s;ecretly, <HI>Gen.</HI> 31.27. he might well have an&s;wered, with <HI>Jacob</HI> to <HI>Laban,</HI> he <HI>had just cau&s;e to be afraid.</HI> Truth it &s;elf may &s;ometimes &s;eek corners, not as fearing her cau&s;e, but as &s;u&s;pecting her Judge; and therefore flight is not always an argument of guilt, but there onely where the per&s;on declines his Triall altogether: for after de|fence made by any per&s;on, to any Accu&s;ation, in any Court of Ju&s;tice, and that an I&s;&s;ue is joyned upon the proceedings, and the matter made ripe for hearing; now that the Court is thus po&s;&s;e&s;&s;ed of the Cau&s;e, and have an ordinary way for to bring &s;uch a matter unto judgement, the parties ab&s;ence cannot be &s;aid to be a fleeing from ju&s;tice; for now the Law will proceed notwith&s;tanding, and &s;ubject both his per&s;on and e&s;tate unto &s;uch a Sentence, if there &s;hall be found cau&s;e to order any thing again&s;t him; this being pre&s;uppo&s;ed, That, if po&s;&s;ible, he may have notice of the day of hearing, to make his ju&s;t Defence, that &s;o he may not be &s;urpri&s;ed and overtaken unawares. Nor did the &s;aid <HI>Nevil</HI> pro&s;ecute Ma&s;ter <HI>Alexander</HI> for this offence; but was pro&s;ecuted by him foroffending as he did, as the proceedings manife&s;t; unle&s;&s;e that his &s;urpri&s;ing him thus in his ab&s;ence, and without defence, may be called a pro&s;ecution, which was a per&s;ecu|tion rather.</P>
</DIV3>
<DIV3 TYPE="part">
<Q>15. <HI>THis honourable court was clear of opinion, that the &s;aid</HI> Alexander <HI>him&s;elf was guilty of that foul mi&s;demeanour and offence of defacing and blotting out of the &s;aid two words</HI> (that <HI>and</HI> did) <HI>out of the copie of</HI> John Warrens <HI>Depo&s;ition, for his own advantage and ends again&s;t the &s;aid</HI> Yates, <HI>whereby this honourable Court was mi&s;led in their judgement, in cen&s;uring and con|demning the &s;aid</HI> Yates, <HI>as afore is declared.</HI> <BIBL>Fol. 6 in the Sentence.</BIBL></Q>
<P>It &s;hould &s;eem their judgements, which upon the fir&s;t debate of the Judges Certificate were but inclineable to be of opinion that Ma&s;ter-<HI>Ale|xander</HI> &s;hould have blotted out tho&s;e two words in the Paper-copie of the &s;aid <HI>John Warrens</HI> Depo&s;ition, were now brought about, without any other Rea&s;ons given the before, to be ab&s;olutely re&s;olved therein. A good fore-man of a Jury, we &s;ay, is able to do very much with his fellows: But if the Court were &s;o re&s;olved, you may well perceive how &s;ome of them were mi&s;led therein, and how it was brought about that they be|came to be &s;o mi&s;taken. And if the Court had been thus mi&s;led in their judgements in cen&s;uring and condemning the &s;aid <HI>Yates,</HI> they were not
<PB N="54" REF="47">long out of the way, an hours time was the mo&s;t, of their abberration, by their own acknowledgement; for in &s;uch a &s;pace they di&s;&s;olved all again that they had done before: and for &s;o little a time of re&s;traint, they rewarded <HI>Yates</HI> very well: For be&s;ides that, upon no terms the Lord Keeper <HI>Coventry</HI> would hear of any thing that might make out to continue the Cen&s;ure again&s;t him: Notwith&s;tanding, if the &s;aid <HI>John Warrens</HI> De|po&s;ition to that 39 Interrogatory had been &s;et a&s;ide; yet the Court ab&s;o|lutely di&s;mi&s;&s;ed him with 130 <HI>l.</HI> co&s;ts, that ought to have given Ma&s;ter <HI>Alexander</HI> twice as much, with 1000 <HI>l.</HI> damages that he had &s;u&s;tained by his means, in the pro&s;ecution of that Suit again&s;t him, at that time, if to have done ju&s;tly.</P>
</DIV3>
<DIV3 TYPE="part">
<Q><HI>16.</HI> ANd have therefore Ordered, Adjudged and Decreed the &s;aid <HI>Jerome Alexander,</HI> for his &s;aid foul offence and mi&s;demeanour, well worthy of &s;harp and &s;evere puni&s;hment for the &s;ame; and that he &s;hall be utterly di&s;abled to practice as a Coun&s;ellour at Law, publikely at the Bar, or privately in his cham|ber; holding him not worthy to be of the Society of <HI>Lincolns</HI>-Inne, whereof he was a Member, have therefore left him to the con&s;ideration of the Governours of that Hou&s;e, and to pay a Fine of <HI>500 l.</HI> to his Majesties u&s;e; be committed to the pri&s;on of the Fleet, and before his enlargement out of pri&s;on, &s;hall publikely at the Bar of this Court, in humble and &s;ubmi&s;sive manner, acknowledge his great offence again&s;t God, and to this honourable Court; and &s;hall &s;hew him&s;elf very pentient and &s;or|rowfull for the &s;ame. And this honourable Court pronouncing the &s;aid <HI>Nevil</HI> to be clear and free from committing of the &s;aid offence of blotting out the words of the copie afore&s;aid; and gravely con&s;idering the great trouble, lo&s;&s;e, damage and dan|ger which the &s;aid <HI>Nevil</HI> hath been put unto, for the clearing of his reputation in his &s;ervice to the Court, in defence of his own innocency in this Cau&s;e, and in pro&s;e|cuting and bringing to cen&s;ure the &s;aid <HI>Alexander</HI> for the &s;ame his great offence and mi&s;demeanour, have therefore further Ordered, Adjudged and Decreed, that the &s;aid <HI>Jerome Alexander</HI> &s;hall &s;atisfie and pay to the &s;aid <HI>henry Nevil,</HI> for and towards his lo&s;&s;e and damage in that behalf, the Sum of fifty pounds of lawfull money of <HI>England.</HI><BIBL><HI>Jo. Arthur,</HI> Dep.</BIBL></Q>
<P>In this cata&s;trophe and Clo&s;e of all, you may behold a Tragedy acted to the life; a poor Gentleman &s;o de&s;troyed, as is without all pre&s;ident or example: wherein, contrary to the greatCharter, he hath &s;uffered with|out mercy or moderation; his E&s;tate, his Profe&s;&s;ion, his good Name, his Wife and Children, and all hopes and comforts taken from him but his life, at one blowe; and that, in all outward appearance, made &s;o mi&s;era|ble, as it had been btter for him that that had been taken from him al&s;o, for then his &s;orrows and mi&s;eries had been at an end: But being thus be|reaved of all Society, and means of &s;ub&s;i&s;tence for the future, it mu&s;t needs &s;ubject him unto the contempt and &s;corn of all his friends and others what&s;oever, and drive him into de&s;pair of ever looking up into the world again.</P>
<P>And no &s;ooner was this Sentence pa&s;t, but pre&s;ently aterwards, upon that Item thereof made in the &s;aid Sentence to theGovernours of <HI>Lin|colns</HI>-Inne, they taking all for granted and for truth that was contained therein, without ever fearching into the cau&s;e thereof further, or hearing
<PB N="55" REF="47">of Ma&s;ter <HI>Alexander</HI> in any thing what he could &s;ay for him&s;elf, made the Order following.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE><HI>Lincolns-Inne.</HI> Ad Con&s;ilium ibid. tent. vice&s;imo <DATE>primo die <HI>Novem.</HI> anno regis <HI>Caroli</HI> &s;ecundo.</DATE></DATELINE></OPENER>
<P>At the Conncel it is ordered, That <HI>Jerome Alexander</HI> one of the utter-Bar|re&s;ters of this Hou&s;e, &s;hall from henceforth &s;tand expul&s;ed this Society, for &s;undry foul mi&s;demeanours and crimes by him committed, of which he hath been publikely detected and convinced: And the chief Butler of this Hou&s;e is to cau&s;e his Studie-door to be nailed up, or otherwi&s;e to be kept fa&s;t; and likewi&s;e his Goods in his Chamber to be &s;eized and kept &s;afe, untill the Hou&s;e be &s;aisfied all Duties and Forfeitures any ways owing or due by him, for Commons, Pen&s;ions, Vacations, Chap|pel, Cellar, or otherwi&s;e.</P>
<CLOSER><SIGNED><HI>Edward By&s;he,</HI> Cu&s;tos nigri Libri.</SIGNED>
<POSTSCRIPT>
<P><HI>Thomas talbot</HI> of <HI>London,</HI> Gent. doth depo&s;e, that this Writing is a true copie of the Order made in <HI>Lincolus</HI>-Inne again&s;t Ma&s;tere <HI>Alexander;</HI> being examined by the Book of Orders of that time by me the &s;aid <HI>Tho|mas Talbot.</HI></P>
<CLOSER><DATE><HI>Jurat.</HI> 5 <HI>die Maii,</HI> 1642.</DATE>
<SIGNED>Ro. Riche.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</FLOATEXT>
<P>Which without delary was put in execution, and his Chamber taken from him, albeit at that time he was indebted nothing unto the Hou&s;e for any Duties or Forfeitures, Commons, Pen&s;ions, Vacations, Chappel, Cel|lar, or otherwi&s;e. Now here it was not an open enemy that did me this di&s;honour; for then I could have born it; neither was it mine adver&s;aries that did herein magnifie them&s;elves again&s;t me: but they were my compa|nions, my guides, and mine own familiar friends, that took coun&s;el toge|ther, and walked in the hou&s;e of God as frinds, <HI>P&s;al.</HI> 55.13, 14, 15.</P>
<P>Yet that God that always takes care of his, and never fails to protect the innocent, &s;o provided for him in this extremity, that within a &s;hort time afterwards he gave him &s;uch an unexpected being, as he mu&s;t needs confe&s;&s;e he had peri&s;hed, if he had not been undone; which no &s;ooner was under&s;tood by his adver&s;aries, but they began to pur&s;ue him again afre&s;h; and making u&s;e of this Cen&s;ure, do labour with it to cru&s;h him in the &s;hell, that &s;o he might not ri&s;e up in judgement again&s;t them for this inju&s;tice, untill the later day; and in the next place, this Fine of 500 <HI>l.</HI> mu&s;t be begged of the King, as by the letters Patents thereof granted un|to Ma&s;tere <HI>Fulwood,</HI> then Secretary <HI>Cooks</HI> &s;ervant, doth appear.</P>
<FLOATEXT LANG="eng" TYPE="patent">
<P><HI>CHARLES</HI> by the grace of God, King of <HI>England, Scotland, France</HI> and <HI>Ireland,</HI> Defender of the Faith, <HI>&amp;c.</HI> To the Trea&s;urer, Chancellour, under Trea&s;urer, Chamberlains and Barons of the Exchequer of Us, our Heirs and Succe&s;&s;ours, now being, and that hereafter &s;hall be, and to all other the Officers and Mini&s;ters of Us, Our Heirs and Succe&s;&s;ours of the &s;aid Court of Exchequer, and of the Receipt there now being, and that hereafter &s;hall be; and to all other to whom the&s;e pre&s;ents &s;hall come, greeting.</P>
<P>Where as in Our Court before Us and Our Councel in the Star-Chamber, in a
<PB N="56" REF="48">Cau&s;e there late depending, by judgement of the &s;ame Court, <HI>Jerome Alexander</HI> Gentleman, was, amongst other things, cen&s;ured to pay unto Us a Fine of five hun|dred pounds, a&s;&s;e&s;&s;ed upon him by the &s;ame Court for certain offences, mi&s;demea|nours and contempts by him done and committed; which Fine hath been e&s;treated into Our Exchequer. And being informed by the humble Petition of <HI>Humfrey Fulwood</HI> Gent. that the &s;aid <HI>Jerome Alexander</HI> immediately thereupon made away all his e&s;tate, and fled into the parts beyong the Seas, where he ever &s;ince hath, and &s;till doth remain; and that Our Officers having by all means po&s;sible endeavou|red the recovering of the &s;ame, could never finde any e&s;tate, and &s;ince have re|turned the &s;ame Nichelled into the Exchequer, as by the Record of that Court will appear; and that &s;ince the Nichelling of the &s;aid Fine, he al&s;o to whom We had granted the recovering of all Nichelled Fines, hath &s;pent &s;ix yeers thereabouts, and hitherto hath recovered no part thereof: So that We, without &s;ome extraordinary means and endeavours to be u&s;ed, are likely to lo&s;e all. In con&s;ideration whereof, and that the &s;aid <HI>Humfrey Fulwood</HI> well hopeth, by his indu&s;try, pains and char|ges, to recover the &s;ame, or the greate&s;t part thereof; he hth humbly be&s;ought Us to be graciou&s;ly plea&s;ed to grant unto him the benefit of the &s;aid Fine, he paying into Our Exchequer the full fifth part of that he &s;hall recover.</P>
<P>Know ye, that We, in con&s;ideration of the premi&s;es, and of one hundred pounds paid to Our u&s;e in the Receipt of Our Exchequer by the &s;aid <HI>Humfrey Fulwood,</HI> wherof We do acquit, relea&s;e and di&s;charge the &s;aid <HI>Humfrey Fulwood,</HI> his Heirs, Executours and Admini&s;tratours, and every of them, by the&s;e Pre&s;ents, of Our e&s;pecial grace, certain knowledge, and meer motion, have given and granted, and by the&s;e Pre&s;ents, for Us, Our Heirs and Succe&s;&s;ours, do give and grant unto the &s;aid <HI>Humfrey Fulwood,</HI> his Executours, Admini&s;tratours and A&s;signes, the &s;aid Sum of five hundred pounds, and all the benefit and profit of extents and &s;ei&s;ures for the &s;ame Sum of money, or any part thereof, or toward the levying or &s;atusfying of any of them to be had or made; and al&s;o all Our Right, Title and In|tere&s;t of, in and to the &s;ame, and every part and parcell thereof; To have, hold and enjoy the &s;aid Sum of five hundred pounds, and all Our Right and Intere&s;t of, in and to the &s;ame, and every part and parcell thereof, to the &s;aid <HI>Humfrey Ful|wood,</HI> his Executours, Administratours and A&s;signes, to his and their own proper u&s;e, freely, as of Our gift, without account, or other thing therefore, to Us, Our Heirs and Succe&s;&s;ours, to be rendred, made, paid, or done, other then as before is expre&s;&s;ed. and to the end the &s;aid <HI>Humfrey Fulwood,</HI> his Executours, Admini|&s;tratours and A&s;signes may have and receive the full benefit of this Our Grant ac|cording to our intent and meaning in the&s;e Pre&s;ents expre&s;&s;ed, Our Will and Plea|&s;ure is, and We do by the&s;e pre&s;ents, for Us, our Heirs and Succe&s;&s;ours, give and grant unto the &s;aid <HI>Humfrey Fulwood,</HI> his Executours, Administratours and A&s;signes, and unto every of theem, full power and athority, either in his or their own names, or in the names of Us, Our Heirs and Succe&s;&s;ours, to &s;ue for, recover, and have Execution of and for the &s;aid Fine and Sum of money, to Us, as afore|&s;aid due and payable, or any part thereof, as well by &s;uit, as by extent and &s;ei&s;ure, in the name of Us, Our Heirs or Succe&s;&s;ours, or any other lawfull ways and means what&s;oever: And the &s;ame being recovered, levied, or received, to have, take and enjoy the &s;ame, to his and their u&s;e for ever, as afore&s;aid.</P>
<P>And Our further Will and Plea&s;ure is, and We do hereby, for Us, Our Heirs and Succe&s;&s;ours, &s;traightly charge and command the Trea&s;urer, Chancellour, under-Trea&s;urer and barons of the &s;aid Exchequer, and other the Officers and Mini&s;ters of Us, Our Heirs and Succe&s;&s;ours, of the &s;ame Court, and of the Receipt of the
<PB N="57" REF="48">Exchequer afore&s;aid, for the time, to whom it re&s;pectively appertaineth, or &s;hall hereafter appertain, and al&s;o Our Attorney Generall for the time being, by vertue hereof from time to time to grant, and cau&s;e to be made forth of our &s;aid Court of Exchequer, &s;uch and &s;o many Commi&s;sions and othere Proce&s;&s;e as &s;hall be expedient, and required by the &s;aid <HI>Humfry Fulwood,</HI> his Executeurs, Admini&s;tratous or A&s;signes, for the obtaining, leavying and recovering of the &s;aid Sum of five hun|dred pounds, or any part thereof. And the&s;e pre&s;ents, or the Inrolment thereof, &s;hall be unto the &s;aid Trea&s;uer, Chancellour, under-Trea&s;urer, Barons, and other the Officers and Ministers of the &s;aid Exchequer for the time being, a &s;uffieient Warrant and Di&s;charge in that behalf.</P>
<P>And Our further Will and Plea&s;ure is, and We do by the&s;e Pre&s;ents, for Us, Our heirs and Succe&s;&s;ours, grant, That it &s;hall and may be lawfull to and for the &s;iad <HI>Humfrey Fulwood,</HI> his Heirs, Executours, Administratours and A&s;signes, to acquit, relea&s;e and di&s;charge the &s;aid <HI>Jerome Alexander,</HI> his Executours and Ad|ministratours, of the &s;aid Sum of five hundred pounds, and every part and parcell thereof, by writing under his or their hand and &s;eal; and &s;uch Relea&s;e, Acquittance, or other Di&s;charge, &s;hall be from time to time a &s;ufficient and lawfull Bar, Exone|ration and Di&s;charge, to be pleaded again&s;t Us, Our Heirs and Succe&s;&s;ours, as &s;trong and effectual in the law, to all intents, con&s;tructions and purpo&s;es, as if the &s;ame were done by Us, Our Heirs and Succe&s;&s;ours.</P>
<P>And for the further Indempnity of the &s;aid <HI>jerome Alexander,</HI> or any other that &s;hall &s;atisfie the &s;aid Sum of five hundred pounds, upon acknowledgement there|of or &s;atisfaction therefore by the &s;aid <HI>Humfrey Fulwood,</HI> you Our &s;aid Trea&s;u|rer, Chancellour, under-Trea&s;urer, Barons, and other Our officers as afore&s;aid, whom it may concern, &s;hall &s;trick, or cau&s;e to be &s;tricken, in the Exchequer, one or more Tally or Tallyes purporting the payment of the &s;aid Sum of five hundred pounds, as amply as if the &s;ame had been pasd into the Receipt of the Exchequer, to the u&s;e of Us, our Heirs and Succe&s;&s;ours. And the&s;e Pre&s;ents, or the Inrolment thereof, &s;hall be a &s;ufficient Warrant in the behalf: Although expre&s;&s;e mention of the cer|tainty of the premi&s;es, or any of them, or of any other Gift or Grant, by Us, or by any of Our progenitours or Predece&s;&s;ours, to the &s;aid <HI>Humfrey Fulwood</HI> hereto|fore made, in the&s;e Pre&s;ents is not made; or any Statute, Act, Ordinance, Provi&s;i|on, proclamation, or Re&s;traint, to the contrary thereof heretofore, had, made, ordai|ned, or provided; or any other thing, cau&s;e or matter what&s;oever, in any wi&s;e not|with&s;tanding. In Witne&s;&s;e whereof, We have cau&s;ed the&s;e Our Letters to be made Patents.</P>
<CLOSER>Witne&s;&s;e Our Self <DATELINE>at <HI>We&s;tmin&s;ter,</HI> <DATE>the eighth day of <HI>March,</HI> in the ninth yeer of Our Reign.</DATE></DATELINE> <SIGNED>Wol&s;ley.</SIGNED>
<SIGNED>Per Breve de privato Sigillo.</SIGNED></CLOSER>
</FLOATEXT>
<P>Thus you &s;ee how malice &s;till pur&s;ued Ma&s;ter <HI>Alexander</HI> at the heels, in all the latitude and extent thereof: Yet did that good God, who fir&s;t took him into his protection, now rai&s;e him up friends again in his greate&s;t trou|bles and extremities: And when now he was ready to be utterly undone, and &s;wallowed up of his adver&s;aries, his Father in Law Ma&s;ter <HI>John Ha|vors</HI> of <HI>Shelfanger</HI> in <HI>Norfolk,</HI> to whom he owes all the ob&s;ervation and duty of a &s;on, and what &s;hall ever re&s;t in him to expre&s;&s;e his thankfulne&s;&s;e, who beofre this time was di&s;&s;waded again&s;t him, from doing any thing for him, by means of his adver&s;aries, who daily did in&s;till into his ears rumours of ill behaviour, and of &s;uch things as might &s;ettle him
<PB N="58" REF="49">in an ill opinion and belief of his conver&s;ation; thus at length perceiving that it was purpo&s;ely done, that they might onely gain the better oppor|tunity to de&s;troy him; he now better looking into the bu&s;ine&s;&s;e then be|fore, which God onely moved his heart unto, found out, that it was a meer practice from the beginning utterly to undo him, without cau&s;e; and therefore, of his own goodne&s;&s;e, pre&s;ently did compound with the &s;aid <HI>Fulwood</HI> for di&s;charging and relea&s;ing the &s;aid Fine, and paid him, and took his Acquittance, and had the &s;aid Letters Patents delivered to him; and paid and &s;atisfied the &s;aid <HI>Yates,</HI> and took his Acquittance, for the &s;aid 130 <HI>l.</HI> co&s;ts, and all other demands; and in like manner compounded with that unju&s;t and evil man <HI>Henry Nevil,</HI> for the 50 <HI>l.</HI> given him in the &s;aid Sentence for betraying his Client, and took his Relea&s;e al&s;o; think|ing now that he had removed all impediments what&s;oever, which did lie in the way of M. <HI>Alexanders</HI> pre&s;erment in <HI>Ireland,</HI> being &s;o far remote, and out of the eyes of tho&s;e that &s;ought his ruine and confu&s;ion here: and when he had done all this, he &s;ent M. <HI>Alexander</HI> notice thereof. But this &s;torm was no &s;ooner thus blown over, but another cloud ari&s;eth, at fir&s;t as little as a mans hand, which afterward covered all his Fortune again with blackne&s;&s;e, threatning a mighty &s;howre of de&s;truction to follow, if not &s;heltered from the violence of it. It was M. <HI>Alexanders</HI> good hap, by Gods a&s;&s;i&s;tance, 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 &s;ub|&s;i&s;tence of him&s;elf and family, and was in a fair way of preferment and doing good for him&s;elf, his wife and children: which his enemies here no &s;ooner under&s;tanding, of purpo&s;e to blemi&s;h him, took occa&s;ion to &s;end over into <HI>Ireland</HI> many copies of the &s;aid unju&s;t Sentence, which they cau&s;ed to be &s;hewn to all Ma&s;ter <HI>Alexanders</HI> be&s;t friends and Clients there, to weaken him in their good e&s;teem, and divulged and publi&s;hed the &s;ame al&s;O unto all his enemies there: as, &s;ho can be a Practi&s;er at Law, and be ju&s;t and faithfull to his Client, and zealous in their Cau&s;es, but &s;hall and mu&s;t have an ill report of the adver&s;e &s;ide, who will hugge &s;uch an opportunity to do him mi&s;chief? In all places al&s;o: they made it the &s;ubject of their di&s;cour&s;e, at Councel-Table, and in all the Courts of Ju&s;tice, But among&s;t the re&s;t, they made u&s;e of one Ma&s;ter <HI>Richard Fitz Gerald,</HI> as he is called; his fathers mothers Sirname I know not: But becau&s;e there are many Families of the <HI>Fitz-geralds</HI> in that Kingdom, to let you know the man I mean, he is Sir <HI>Dudly Loftus</HI> Knight his fo&s;ter|brother, and was bred up with him a Boy at School, and maintained by Sir <HI>Dudleys</HI> father al&s;o, to wait upon his &s;aid &s;on in that time; by which he got &s;o much learning, as afterwards he became Ma&s;ter <HI>Greenham</HI> an Attorneys Clerk in <HI>Ireland:</HI> and having the great fortune to marry with the &s;i&s;ter of a worthy gentleman, was promoted to be an Attorney in the Common-Pleas in <HI>Ireland:</HI> And a&s;piring to attain yet to greater Offices in that Common-wealth, and Ma&s;ter <HI>Alexander</HI> having then purcha&s;ed the Office of the Kings Bench there in <HI>Ireland,</HI> during the life of one Ma|&s;ter <HI>Henry Andrews</HI> the pre&s;ent Patentee, and Ma&s;ter <HI>Fitz-Geralds</HI> brother in law being al&s;o joyned Patentee with the &s;aid Ma&s;ter <HI>Andrews,</HI> but had bound him&s;elf both by Articles of agreement and recognizance not to meddle with the &s;ame during Ma&s;ter <HI>Andrews</HI> his life: And Ma&s;ter <HI>Fitz-Gerald</HI>
<PB N="59" REF="49">having under&s;tood, that the way to ri&s;e unto preferment, was to attempt &s;omething again&s;t Ma&s;ter <HI>Alexander;</HI> whom if he could over|throw, he was confident of the &s;ame good &s;ucce&s;&s;e to follow him there|upon, as happened to Ma&s;ter <HI>Fountain</HI> and Ma&s;ter <HI>Cook</HI> the Lawyers, in tho&s;e brave atchievements which they accompli&s;hed again&s;t him, as afore|&s;aid: And hereupon, that he might be made &s;ecundary of that Office with his brother, did undertake to out Ma&s;ter <HI>Alexander</HI> thereof, and therefore fir&s;t preferred a Bill of Complaint in his &s;aid brother in laws name, in his Maje&s;ties Court of Exchequer in <HI>ireland,</HI> again&s;t Ma&s;ter <HI>Ale|xander</HI> and his Deputies, the effect whereof was, to gain the po&s;&s;e&s;&s;ion and execution of the &s;aid Office from Ma&s;ter <HI>Alexander;</HI> but upon &s;uch &s;light and &s;lender grounds, as there was neither law nor equity to warrant any &s;uch Demand. Yet Ma&s;ter <HI>Alexander</HI> well under&s;tanding the cour&s;e of things in that Kingdom, and the alliances and dependence of one man unto another, and how far power and greatne&s;&s;e might po&s;&s;ibly prevail to do him hurt; and perceiving the inclination of the Court of Exchequer there, where the Cau&s;e depended, to over-rule a Demurrer which he had cau&s;ed his Deputies to put in for their and his defence in that Suit; made his repair over into <HI>England</HI> with the Proceedings, to be advi&s;ed here by Coun&s;el the be&s;t he could, for to maintain his ju&s;t right and intere&s;t in the &s;aid Office: But his departure was no &s;ooner under&s;tood, but the &s;aid ma&s;tere <HI>Fitz-Gerald</HI> po&s;ts over after him into <HI>England,</HI> for <HI>London,</HI> pur|po&s;ely to have cau&s;ed the remain of the &s;aid Sentence to have been exe|cuted upon him, and to have re&s;trained him from making his return: He gained al&s;o letters of Credence and Recommendation, from Doctour <HI>U&s;her</HI> Lord Primate of <HI>Ireland,</HI> and others, to &s;ome Noble Per&s;onages and others here in <HI>England,</HI> to a&s;&s;i&s;t him in &s;uch occa&s;ions and bu&s;ineffe as he &s;hould have then here to do: And being come to <HI>London,</HI> he made u&s;e of the&s;e generalls, again&s;t Ma&s;tere <HI>Alexander</HI> in particular, contrary to the minde of tho&s;e from whom he received tho&s;e Letters: and fir&s;t he con|trives a Writing, which he &s;tiles, <HI>An Information again&s;t</HI> Jeromy Alexan|der, <HI>&s;ent out of</HI> Ireland <HI>the</HI> 12 <HI>of</HI> July, 1633. which he delivereth unto one Ma&s;ter <HI>Archibald Hamilton,</HI> that then was agent here for the &s;aid Lord Primte of <HI>Ireland</HI> and others, and in&s;inuates unto him, that that thing was the bu&s;ine&s;&s;e which he came about, and had to do, and which was recommended unto him the &s;aid <HI>Hamilton</HI> by the &s;aid Letters of the Lord Primate to a&s;&s;i&s;t Ma&s;ter <HI>Fitz-Gerald</HI> in: Whereupon, Ma&s;ter <HI>Hamilton</HI> wnet unto Ma&s;tere <HI>Alexanders</HI> old friends, the late Archbi&s;hip of <HI>Canterbu|ry, Laud,</HI> and the Lord <HI>Coventry,</HI> then Lord Keeper, and &s;hewed them the &s;aid paper, which was pre&s;ented unto his Maje&s;tie, with all the Aggrava|tions po&s;&s;ible, to incen&s;e and cau&s;e his Highne&s;&s;e indignation and di&s;plea|&s;ure to continue, if not to wax more hot and fierce again&s;t him, in&s;omuch as his Maje&s;tie well knowing &s;ome of Ma&s;ter <HI>Alexanders</HI> good friends at Court, who had often laboured with his Maje&s;tie in his behalf, informed them thereof, that for the time to come they might no more &s;ollicite for him: And in the interim, Ma&s;tere <HI>Fitz-Gerald,</HI> or &s;ome other for him, up|on his earne&s;t &s;ollicitation, had procured a Warrant from the &s;aid Lord keeper <HI>Coventry,</HI> directed to the Warden of the Fleet, &s;trictly charging and commanding him to make diligent &s;earch for Ma&s;ter <HI>Alexander</HI> in <HI>London,</HI> and where&s;oever, for to apprehend him, and re&s;train him in &s;afe
<PB N="60" REF="50">cu&s;todie, till he &s;hould perform all the parts of the &s;aid Sentence, which Ma&s;tere <HI>Fits-Gerald</HI> and the Warden of the Fleet did pur&s;ue with their ut|mo&s;t diligence: And that this truth may yet appear the clearer, be plea&s;ed to ca&s;t your eye upon the &s;ame Information, which followeth in the&s;e words.</P>
<FLOATEXT LANG="eng" TYPE="deposition">
<HEAD>An information again&s;t <HI>Jeromy Alexander,</HI> &s;ent out of <HI>Ireland</HI> the 12 of <HI>July,</HI> 1633.</HEAD>
<P><HI>IEromy Alexander</HI> an Utter-Barrester of <HI>Lincolns</HI>-Inne (being formerly an Attorney) was cen&s;ured in the high Court of Star-Chamber, <HI>Mich. 2 Caroli,</HI> for a very foul offence, in fal&s;ifying copies of the Records of that Court, to the end he might mi&s;lead the judgement of the &s;aid Court against a per&s;on whom he pro&s;e|cuted.</P>
<P>His Cen&s;ure was, Fir&s;t, to be utterly di&s;abled to practice as a Coun&s;ellour at Law, either publikely at the Bar, or privately in his Chamber. Secondly, to pay five hundred pounds Fine to his Majestie. Thirdly, to be committed to the pri&s;on of the Fleet, and before his enlargement out of pri&s;on, publikely at the Bar of the Star-Chamber (in humble and &s;ubmi&s;sive manner) to acknowlege his offence again&s;t God, and the Court, and &s;hew him&s;elf &s;orrowfull and penitent for the &s;ame, <HI>&amp;c.</HI> pa hereupon, the &s;aid <HI>Jeromy Alexander</HI> fled into <HI>Ireland</HI> to avoid the &s;aid Cen|&s;ure, and there abides, and practi&s;es as a Coun&s;ellour, both publikely at the Bar, and privately at his Chamber, without obeying the &s;aid Cen&s;ure; in contempt of his Maje&s;tie, and of the high and honourable Court of Star-Chamber, to the great &s;candal of the Profe&s;&s;ours of the &s;ame.</P>
<P>He hath lately obtained a Relea&s;e and Di&s;charge under the Great Seal of that Kingdom for the &s;aid Fine, and is now al&s;o endeavouring to procure his Pardon from the &s;aid Cen&s;ure, without making &s;ubmi&s;sion to his majestie, and the Court which cen&s;ured him, and lives in <HI>Ireland</HI> very proudly and arrogantly, apt to fall into the like &s;candalous offence again upon any occa&s;ion.</P>
<P>he endeavours to be Clerk of the Crown, and to be joynt Partner with Ma&s;ter <HI>Andrews</HI> the pre&s;ent Clerk, whereby the Records of that Court coming into his hands, he may do a world of mi&s;chief, having &s;o fine a trick of rai&s;ing and fal&s;ify|ing of Records.</P>
<P><HI>It is therefore earne&s;tly prayed, That the &s;aid</HI> hiJeromy Alexander <HI>his Par|don may be &s;taid at the Great Seal there, untill he be tran&s;mitted by the lord Deputy of this Kingdom, to &s;ubmit him&s;elf to the &s;aid Cen&s;ure; or that otherewi&s;e there may be in&s;erted in the &s;aid Pardon a Clau&s;e of Provi&s;o, that the &s;aid</HI> Jeromy <HI>be not allowed to practi&s;e or bear any Of|fice in</HI> Ireland; <HI>whereby others may be deterred from committing the like offences hereafter; In regard of his con&s;tant per&s;i&s;ting in foul pra|ctice, having thereby done prejudice already to &s;ome of the Nobility, and &s;everall of the Clergie, in this Kingdom: Of all which particulars good proof can be made from hence, by the &s;everall parties that have been injured by him.</HI></P>
<CLOSER>Copia vera. <SIGNED>A. Hamilton.</SIGNED></CLOSER>
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<P>Thus you may perceive, that to reproach, is as ea&s;ie as for to empty: But Chri&s;tianity is &s;o much the better, that <HI>Nero</HI> reviles and per&s;ecutes it: Yet &s;ee then the di&s;po&s;ition of the man, who conceived within him&s;elf, which
<PB N="61" REF="50">he thus expre&s;&s;ed, that the oppre&s;&s;ions of men had taken away from Ma|&s;tere <HI>Alexander</HI> that which was de&s;cended from his Ance&s;tours, and as na|turall to him as the blood running in his veins; for he will be able to de|rive his Pedigree from Gentile Families, by both &s;ides of his Progeni|tours; which, if the height of &s;pleen and rancour had not been in the Gentleman, he would have been a&s;hamed, if to have been accounted civil, to have left out among&s;t the re&s;t: But di&s;grace being the end he aimed at in it, &s;ought to improve that with the mo&s;t advantage, and therefore as in|fatuate, in the next place he addes, <HI>Being formerly an Attorney;</HI> as if it were a &s;hame for a man to attain a better Fortune from le&s;&s;e beginnings; and as if it had been a great di&s;paragement for to have learned the practick part of the Law the fir&s;t, which, tho&s;e that better under&s;tand the &s;tudie of it then him&s;elf, can inform the Gentleman, that it was his great mi&s;take, and that many famous and eminent Lawyers heretofore have been fir&s;t Attorneys; in&s;omuch as in former times, he was not admitted to be of an innes of Court, that had not fir&s;t been of an inne of Chancery, living among&s;t Attorneyes, to under&s;tand the cour&s;e of pleadings, and practice of the Courts of Ju&s;tice; which to know beforehand, doth much advance a Student in his way, that he gains his Profe&s;&s;ion with more ea&s;e, and falls into practice the better prepared for the advantage of his Client. But what you do ob&s;erve in this his Information more concerning the Cen|&s;ure, is but rolling over the &s;ame &s;tone again, of which you have well un|der&s;tood the nature thereof before; and therefore to &s;ay no more of that, concerning the inju&s;tice of it: Yet hereby you may perceive the good will of the creature, that upon all occa&s;ions had no other &s;taff to beat this dog withall. Albeit this Gentleman took upon him the boldne&s;&s;e to do more then any other before him had done, and to cau&s;e his Maje&s;tie to be infor|med, that it was a high contempt in ma&s;tere <HI>Alexander</HI> to u&s;e the profe&s;&s;ion he had been bred up in, to acquire livelihood for to &s;Upport him&s;elf and family, and all becau&s;e Ma&s;tere <HI>Alexander</HI> had cro&s;&s;ed his expectation by it there in <HI>Ireland:</HI> But did S. <HI>Peter</HI> and S. <HI>John,</HI> when by the Rulers, El|ders and Scribes they were commanded not to &s;peak at all, nor teach in the Names of JESUS, Did they forbear? What can b emore done to a man to take away his life, then his means of livelihood? and &s;tarving to death, of all others, is &s;aid to be the cruelle&s;t murther. But this Gen|tleman, your &s;ee al&s;o, had a high and great opinion of the dignity of that Court of Star-Chamber, which he &s;tyles &s;o high and honourable; which I believe that highe&s;t and mo&s;t honourable Court of Parliament better under&s;tood then he, when they di&s;&s;olved it for the extreme oppre&s;&s;ions and grievances it brought upon the people. He would have Ma&s;ter <HI>Alex|anders</HI> practi&s;ing al&s;o in <HI>Ireland</HI> too, to be to the great &s;candall of the Law, which he &s;o little under&s;tood, as at the very fir&s;t Bout he went about to de&s;ile his own ne&s;t, to di&s;grace the Profe&s;&s;ion of an Attorney, he being one him &s;elf; but bred up therein, I mu&s;t confe&s;&s;e, &s;o far di&s;tant and re|more from the&s;e Schools of that my&s;terie, as I believe he was ignorant of the u&s;e and value which the law &s;ets upon a well-practi&s;ed Clerk: ANd if it were &s;uch a &s;candall for a lawyer to have been fined in that Court in tho&s;e days, as he doth pre&s;&s;e it, (albeit, I mu&s;t confe&s;&s;e) <HI>he that knows the will of his ma&s;ter and doth it not, is to be beaten with many &s;tripes</HI>) yet they were not all Saints in that time that &s;at upon the Bench; but were Judges
<PB N="62" REF="51">under who&s;e judgements many a good and innocent man &s;uffered, and was ruined, be&s;ides Ma&s;ter <HI>Alexander,</HI> and of the &s;ame Profe&s;&s;ion too; how&s;o|ever Ju&s;tice, where it meets with tho&s;e that are offenders in deed and truth, hath no re&s;pect of pre&s;ons, qualities, or conditions; but he that &s;inneth mu&s;t die, and without &s;candall to him that doeth well: And in tho&s;e days, who is't but doth know this Gentlemans &s;o high and honourable a Court, as he calls it, was but a Stage or Theatre, wherein the politick Stati&s;ts of that time acted the Tragedies of &s;uch who would not comply with their evil Coun&s;els, to have de&s;troyed our Religion, Laws, and Li|berties, and &s;ubjected the Subject to a perpetuall &s;lavery. You &s;ee al&s;o, it grieved M. <HI>Fitz-Gerald</HI> that M. <HI>Alexanders</HI> father in law had done &s;o much for him, as to acquit him from all tho&s;e Vulture, which for the Fine and other moneys, would have divided his coat: But that which &s;tuck in his &s;tomack the mo&s;t of all, was, that the feared Ma&s;ter <HI>Alexander</HI> &s;hould al&s;o procure his Pardon of all the re&s;t of the Sentence, without making &s;ubmi&s;|&s;ion to his Maje&s;tie, and the Court which cen&s;ured him: though that were a little more then the Court had enjoynedto be done to his Maje&s;tie, yet &s;ee how by his good-will he would have intere&s;ted his Maje&s;tie in that bu&s;i|ne&s;&s;e more particularly, though not more then the Sentence, and all to unfold a my&s;terie which he, in his high conceit, apprehended was never under&s;tood before, by all tho&s;e <HI>Apollo</HI>'s and learned Judges of that Court, which, by his leave, were &s;o well ver&s;t, and under&s;tanding that matter, and the project they had in hand, as they be&s;t knew where the &s;hoe wrang; and what they had done in it, was for another end then all the wi&s;edom he had could reach unto; and for his eyes, he was not &s;o clear &s;ighted, as to look into a Mil&s;tone further then they. But this was not all, for he &s;aith further, Ma&s;ter <HI>Alexander lived in</HI> Ireland <HI>Very proudly and arrogantly, apt to fall into that &s;candalous offence again upon every occa&s;ion.</HI> It &s;hould &s;eem by this, the Gentleman had a &s;pirit of Prophe&s;ie, or was well ver&s;t in Phi&s;iognomie, that he could by a mans countenance tell him his Fortune; or that he had &s;ome Raptures or Revelations that made him &s;o cunning to foretell things to come: for &s;urely, to the eyes of tho&s;e that lived there in conver&s;ation with Ma&s;ter <HI>Alexander,</HI> &s;aw no &s;uch appearance: and as for Ma&s;ter <HI>Alexanders</HI> own heart and con&s;cience, he found him&s;elf free from any &s;uch inclination; and all the following &s;tory of his life never yet de|clared any &s;uch matter. Then it mu&s;t needs be, that &s;pirit was in the mouth of <HI>Ahabs</HI> Prophets, which deceived him; which becau&s;e it were a &s;hame for the Gentleman to confe&s;&s;e, Ma&s;ter <HI>Alexander</HI> is content that he be &s;ilent; although his experience hereof by this time &s;heweth him his errour. But look a little further, <HI>&amp; hinc illae lachrimae:</HI> Ma&s;ter <HI>Alexander endeavoured to be Clerk of the Crown, and to be joynt Partner with Ma&s;ter</HI> An|drews; for &s;o he &s;ays; and here the &s;hoe wrung him: and then this Gen|tlemans great hopes, fir&s;t to be Secundary thereof to his brother in law, and in time to be ma&s;ter of the Office him&s;elf, would be at an end. The Proverb is, that <HI>Murther will out:</HI> He travelled till he was delivered: And I appeal herein, if the&s;e wilde Gourds &s;poiled not all the pot of Pot|tage: <HI>Dolo&s;us ver&s;atur in univer&s;alibus:</HI> And whiles he kept his tongue within his teeth from relating particulars, to him that under&s;tood not the my&s;terie of the bu&s;ine&s;&s;e, would peradventure have approved his zeal, as if it had been for ju&s;tice, upon one that never offended: But &s;ince his
<PB N="63" REF="51">own intere&s;t appears now to be at &s;take, what indifferent man will be|lieve him in all the re&s;t. But, &s;aith he, <HI>The Records of that Court coming to his hands, Ma&s;ter</HI> Alexander <HI>may do a world of mi&s;chief, having &s;o fine a trick of rai&s;ing and fal&s;ifying of Records.</HI> Surely, if the man had been well in his wits, and not pa&s;t &s;hame, he would have blu&s;hed and trembled to have pre&s;ented &s;uch an untruth unto any man, much more unto &s;uch great Lords and Peers of the Kingdom; but mo&s;t of all, unto a King: And I wonder when he perceived &s;uch &s;trength of oppo&s;ition to be again&s;t Ma&s;ter <HI>Alexander</HI> as he did, and with whom he practi&s;ed, and thus joyned to ruine him; that if he had ever read the Statutes of <HI>England</HI> and <HI>Ireland,</HI> (which I dare &s;ay he will tell you he hath done all over, and all the Books of the Law be&s;ides, and under&s;tands it far better then Ma&s;ter <HI>Alexander</HI> (which for a quiet life, he will grant him to be &s;o into the bargain, that he may yet be more conceited of his own worth, and unparallel'd abilities) but in &s;uch ca&s;e he mu&s;t, I &s;ay, have found, that to ra&s;e and fal&s;ifie a Record is Felony: And if Ma&s;ter <HI>Alexander</HI> had committed &s;uch an act, the Court of Star-Chamber, by that Sentence, would never have troubled them&s;elves for to have &s;tudied out means to have buried him alive, if they had had that neerer cut to have removed him out of the way: But on malice be it. And now if the Prayer of this Information be well ob&s;er|ved, this will appear in its colours to all the world: <HI>It is prayed, That Ma|&s;ter</HI> Alexanders <HI>Pardon might be &s;tayed at the Great Seal.</HI> Fond man! I &s;ee thou knewe&s;t not that the Lord <HI>Coventry</HI> had &s;olemnly vowed before, and profe&s;&s;ed; that never any Pardon of this Sentence &s;hould pa&s;&s;e the Great Seal for Ma&s;ter <HI>Alexander,</HI> whiles he was Keeper of it; and he made but u&s;e of Ma&s;ter <HI>Fitz-Gerald</HI> in this kinde, to give a further colour for this re|&s;olution: and yet, poor man, in he mean time, like the Fly that &s;at upon the Axletree of the Cart, he verily thought it was he that rai&s;ed all this du&s;t, which was the turning of the wheel: And he would have this Pardon &s;tayed too, untill Ma&s;ter <HI>Alexander</HI> &s;hould be tran&s;mitted by the Lord Deputy of that Kingdom, to &s;ubmit him&s;elf unto the &s;aid Cen&s;ure, not knowing that in this time he had made Ma&s;ter <HI>Fitz-Gerald</HI> carry the Rod which was to have whipt his own tail; for had he prevailed to have had Ma&s;ter <HI>Alexander</HI> attached here, he had in&s;tantly &s;ei&s;ed upon the Office, as wanting one to look over a place of &s;uch eminency in the State, in the ab|&s;ence of Ma&s;ter <HI>Alexander;</HI> and having been once po&s;&s;e&s;&s;ed thereof, neither his brother in law nor him&s;elf had ever lickt their lips after it, &s;hould ever have been the better for it: And Ma&s;ter <HI>Alexander</HI> can a&s;&s;ure him, that if he would have parted with his intere&s;t therein unto his Lord&s;hip the then Lord Deputy, as he was earne&s;tly dealt withall and treated with for that purpo&s;e, he was promi&s;ed his Lord&s;hips great friend&s;hip into the bargain, and 100 <HI>l.</HI> more, ready down, then Ma&s;ter <HI>Fitz-Geralds</HI> brother in law gave him for it. Then to look a little further in this Information: If all this could not be obtained, then Ma&s;ter <HI>Fitz-Gerald</HI> would play at &s;mall game, rather then to &s;tand out; prayed, <HI>That there might be in&s;erted in the &s;aid Pardon a Clau&s;e of Provi&s;o, that the &s;aid</HI> Jeromy <HI>might not be allowed to practice or bear any Office in</HI> Ireland. You &s;ee how &s;till he pleaded for his own intere&s;t, and how maliciou&s;ly he &s;et him&s;elf to have de&s;troyed Ma|&s;ter <HI>Jeromy;</HI> for now he thought him no longer worthy of his Sirname of <HI>Alexander:</HI> and indeed, having ungentleman'd him before, and taken
<PB N="64" REF="52">his Sirname from him now; &s;o, if he might have had his will in his de|&s;ires, he would have left him without welt or guard, at the la&s;t: for if he could have prevailed that Ma&s;ter <HI>Alexander</HI> &s;hould not have been admitted to u&s;e his Calling, neither in <HI>England</HI> nor <HI>Ireland,</HI> niether publikely or privately, nor to have born any Office, What cour&s;e could he have then taken for a living? dig he could not, and to beg he was a&s;hamed; and what other way had been left him, whereby to have maintained him&s;elf and family? And this this worthy Gentleman would have done, to have &s;a|tisfied his Spleenatick humour. Yet, like the &s;on of &s;uch a father, he gives this rea&s;on for it; <HI>In regard,</HI> &s;aith he, <HI>of his con&s;tant per&s;isting in foul practice, having thereby done prejudice to &s;ome of the Nobility, and &s;everall of the Clergie in that Kingdom.</HI> You well know who was the father of &s;uch untruths from the beginning: And Ma&s;ter <HI>Alexander</HI> is certainly per&s;waded, 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 con&s;cious of unto him|&s;elf; nor did any man there, that was not of his Confederacy, ever com|plain of the lea&s;t ill mea&s;ure or mi&s;carriage done him by Ma&s;ter <HI>Alexander:</HI> And tho&s;e Complaints wherein he had a hand, albeit they had the &s;aid Lord Deputies be&s;t countenance and a&s;&s;i&s;tance, and what he and all the enemies which he had could invent and put upon him; yet did Ma&s;ter <HI>Alexander</HI> clear him&s;elf of what&s;oever Accu&s;ation, and left the &s;hame to re&s;t upon them all, to whom it ju&s;tly appertained. But peradventure Ma|&s;ter <HI>Fitz-Gerald</HI> will an&s;wer this, in the language that he informed it in, and what&s;oever his ill meaning was in the matter, will take the words in their proper &s;en&s;e; and &s;o tis true, Ma&s;ter <HI>Alexander</HI> by his Practice had done &s;ome of the Nobility and &s;ome of the Clergie prejudice: Sure it was his Profe&s;&s;ion to do &s;o, when he overthrew them in their unju&s;t Suits, wherein he was of Coun&s;el again&s;t them, yet did them no wrong therein, nor injury; unle&s;&s;e in Ma&s;ter <HI>Fitz-Geralds</HI> e&s;teem it was not fair for any man of Law to have opened his mouth again&s;t a Lord or Prelate of tho&s;e times: And for the Clergie, Ma&s;ter <HI>Alexander</HI> can but wonder that the &s;hould make u&s;e of their names in &s;o fal&s;e a thing as this, when tis well known, Ma&s;ter <HI>Alexander</HI> had no &s;uch ill opinion among&s;t the Clergie. And that you may perceive that Ma&s;ter <HI>Fitz-Gerald</HI> circumvented the Lord Primate of <HI>Ireland,</HI> in gaining this Letter from him under &s;uch Generals, to do Ma&s;ter <HI>Alexander</HI> a mi&s;chief: the Information being &s;ent over to Ma&s;ter <HI>Alexander</HI> out of <HI>England,</HI> by his friends at Court, to let him know how his Maje&s;tie was thus again po&s;&s;e&s;&s;ed and incen&s;ed again&s;t him; he went therewith unto the Lord Primate, and &s;hewed his Lord&s;hip the &s;ame; in|formed him that his name was made u&s;e of, as one that &s;ent over this Com|plaint again&s;t him; which he utterly di&s;claimed; and, to go Ma&s;ter <HI>Ale|xander</HI> right therein, gave him the Certificate under his hand, which fol|loweth in the&s;e words:</P>
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<P>AT and upon the humble reque&s;t of <HI>Jerome Alexander</HI> of <HI>Dublin,</HI> practi&s;er in the Laws, informing me, that he is credibly given to under&s;tand by Letters out of <HI>England,</HI> that his Majestie &s;hould be informed by Letters from me hence again&s;t him, whereby to alien and withdraw his Maje&s;ties favour from him, in &s;ome thing now intended by his Majesty unto him: Therefore, to &s;atisfie his de&s;ires herein, and all other whom&s;oever, I do declare hereby, That for my part, as I never had
<PB N="65" REF="52">cau&s;e of any Complaint again&s;t him, now &s;ince his re&s;idence in this Kingdom have never heard that he demeaned him&s;elf here otherwi&s;e then orderly and well: &s;o I profe&s;&s;e that I never wrote any Letters unto his Maje&s;tie, or any per&s;on what&s;oever, again&s;t him, either into <HI>England,</HI> or el&s;ewhere; but do wi&s;h him much good, and would rather do him a plea&s;ure (then otherways) if it &s;hould lie in my way.</P>
<CLOSER><DATELINE><HI>Given at my hou&s;e at</HI> Dublin, <DATE><HI>this ninth of</HI> November, Anno Dom. <HI>1633.</HI></DATE></DATELINE>
<SIGNED>Ja. Armachanus.</SIGNED></CLOSER>
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<P>Which being &s;ent over for <HI>England,</HI> and &s;hewed unto his Maje&s;tie, begat a little better opinion in him of Ma&s;ter <HI>Alexander</HI> then before: Yet when|&s;oever his Maje&s;tie was &s;ollicited for a Pardon in his behalf, the Lord <HI>Coventry</HI> &s;till was advi&s;ed with herein, as it was his place; who &s;o in|cen&s;ed his Maje&s;tie &s;till again and again again&s;t Ma&s;ter <HI>Alexander,</HI> as for a long time he &s;topt and kept the current of his Maje&s;ties mercy from him: All which he did, fearing Ma&s;ter <HI>Alexanders</HI> return, and that he would complain of the inju&s;tice done him, which you may perceive he was no ways able to an&s;wer in this matter, the &s;ame &s;o gro&s;ly appearing out of the proceedings, that there needed no proof but the Records of his own actions, to manife&s;t the &s;ame. And now after this, Ma&s;ter <HI>Alexan|ders</HI> father in law Ma&s;ter <HI>John Havers,</HI> and his uncle Captain <HI>Edward Ha|vers,</HI> being well &s;atisfied by Coun&s;el of the iniquity of the Sentence, and by Ma&s;ter <HI>Noy</HI> for one among&s;t the re&s;t, out of their meer goodne&s;&s;e, could hold no longer, but were re&s;olved, That if the Lord <HI>Coventry</HI> &s;hould interpo&s;e in the matter any longer, again&s;t Ma&s;ter <HI>Alexander,</HI> they would complain of him unto his Maje&s;tie: yet fir&s;t they attempted again to obtain his Maje&s;ties favour for a Pardon; which, with much ado, his Maje&s;tie granted; and for which, Ma&s;ter <HI>Alexander</HI> doth own very much to the Right Honourable the Earl of <HI>Pembroke,</HI> who being well informed in the bu&s;ine&s;&s;e, and finding with what a high hand he was oppo&s;ed by the Lord Keeper for his own ends, would not be denied of his Maje&s;tie therein; by which means it was obtained: Yet when it came to be drawn up, the Lord <HI>Coventry</HI> came to the King again, and would have per&s;wa|ded his Maje&s;tie again&s;t it; but finding him and re&s;olved to have it done, when he perceived it mu&s;t pa&s;&s;e, yet then with his importunities he pre|vailed to have the Condition in&s;erted in it how&s;oever, That Ma&s;ter <HI>Alex|ander</HI> &s;hould not u&s;e his Profe&s;&s;ion here in <HI>England:</HI> and after all this, yet &s;topt it at the Seal for &s;ome time, notwith&s;tanding, till Ma&s;ter <HI>Noy,</HI> being then this Maje&s;ties Attorney-Generall, came to him of purpo&s;e, and told him rea&s;ons why it were better for him to pa&s;&s;e it &s;o, then to endure a Complaint; and thereupon he &s;ealed it, much again&s;t his will; which fol+loweth in the&s;e words:</P>
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<P><HI>CHARLES</HI> By the grace of God, King of <HI>England, Scotland, France</HI> and <HI>Ireland,</HI> Defender of the Faith, <HI>&amp;c.</HI> To all whom the&s;e Pre&s;ents &s;hall come, Greeting. Whereas in Our Court before Our Councell in Our Star-Chamber, the &s;eventeenth day of <HI>November,</HI> in the &s;econd yeer of Our Reign, in a Cau&s;e then there late depending, between <HI>Jerome Alexander</HI> Utter-Barrester at the Law, Plaintiff again&s;t <HI>John Yates</HI> and others Defendants; by Judgement of the &s;ame Court, the &s;aid <HI>Jerome Alexander</HI> was cen&s;ured, for a foul mi&s;de|meanour and offence by him committed, in defacing and blotting out of certain
<PB N="66" REF="53">words out of the copie of certain Depo&s;itions taken in the &s;aid Cau&s;e, for his own advantage and ends again&s;t the &s;aid <HI>John Yates;</HI> whereby Our &s;aid Court was mi&s;led in their judgements, in the cen&s;uring and condemning of the &s;aid <HI>Yates:</HI> and therefore it was then Ordered, Adjudged and Decreed by Our &s;aid Court, That the &s;aid <HI>Jerome Alexander,</HI> for his &s;aid foul offence and mi&s;demeanour, was well worthy of &s;harp and &s;evere puni&s;hment for the &s;ame; and that he &s;hould be utterly di&s;abled to practi&s;e as a Coun&s;ellour at Law, publikely at the Bar, or privately in his Chamber; and to pay a Fine of five hundred pounds to Our u&s;e; be committed to the pri&s;on of the Fleet, and, before his enlargement out of pri&s;on, &s;hould publikely at the Bar of Our &s;aid Court, in humble and &s;ubmi&s;sive manner, acknowledge his great offence again&s;t God and Our &s;aid Court, and &s;hould &s;hew him&s;elf very penitent and &s;orrowfull for the &s;ame; and was further Ordered to pay and &s;atisfie to one <HI>Henry Nevil</HI> a Clerk of the &s;aid Court, for and towards his lo&s;&s;e and damages &s;ustained in that Cau&s;e, the &s;um of fifty pounds of lawful money of <HI>England,</HI> as by the &s;aid Order and Decree, remaining of Record in Our &s;aid Court, more at large appeareth. And whereas Our welbeloved Subject <HI>John Havers</HI> Gent. father in law of the &s;aid <HI>Jerome Alexander,</HI> by his humble Petition to Us exhibited, hath &s;hewed unto Us, that his &s;aid &s;on in law, being no ways able to &s;atisfie the &s;aid Fine, was enforced to ab&s;ent him&s;elf out of this Our Kingdom, into Our Realm of <HI>Ire|land,</HI> where he hath ever &s;ince continued; and that, out of his commi&s;eration of the di&s;tre&s;&s;ed e&s;tate of his &s;aid &s;on in law, his wife and children, being de&s;irous to put him in a way to &s;upport his own charge, hath &s;atisfied the &s;aid Fine of five hundred pounds, and al&s;o the &s;aid fifty pounds to the &s;aid <HI>Henry Nevil;</HI> and for that al&s;o the &s;aid <HI>Jerome Alexander</HI> hath ever &s;ince carried him&s;elf well and uprightly in <HI>Ireland,</HI> hath therefore humbly be&s;ought Us, that We would be graci|ou&s;ly plea&s;ed to grant unto his &s;aid &s;on in law <HI>Jerome Alexander</HI> Our gracious Pardon for the remainder of the &s;aid Sentence, being onely Impri&s;onment in the Fleet during Our Plea&s;ure, &s;ubmi&s;sion to Our &s;aid Court, and di&s;abling him to u&s;e his Practice. And whereas We by Our Letters Patents under Our Great Seal of <HI>England,</HI> bearing date at <HI>We&s;tmin&s;ter</HI> the eight and twentieth day of <HI>March</HI> last past before the date of the&s;e Pre&s;ents, as well for and in con&s;ideration of one hundred pounds paid into the Receipt of Our Exchequer to Our u&s;e by <HI>Humfrey Fulwood</HI> Gent. as for other cau&s;es and con&s;iderations, in the &s;aid Letters Patents mentioned and expre&s;&s;ed; did give and grant unto the &s;aid <HI>Humfrey Fulwood</HI> the &s;aid Fine or Sum of five hundred pounds, and all the benefit and profit of ex|tent or &s;ei&s;ures for the &s;ame Fine or Sum of money, or any part thereof, or towards the levying or &s;atisfying of any of them, to be had or made, and all Our Right, Ti|tle and Interest of, in and to the &s;ame, and every part and parcell thereof; To have, hold and enjoy the &s;aid Sum of five hundred pounds, and all Our Right and Interest of, in and to the &s;ame, and every part parcell thereof, to the &s;aid <HI>Humfrey Fulwood</HI> his Executours, Admini&s;tratours and A&s;signes, to his and their own proper u&s;e, freely, as of Our Gift, without recount or other thing therefore, to Us, Our Heirs or Succe&s;&s;ours, to be rendred, paid, made, or done, other then as in the &s;aid Letters Patents is expre&s;&s;ed; as by the &s;ame Our Letters Patents, among&s;t other Powers, Authorities, and other things therein contained, more at large appeareth. Since the granting of which Letter Patents to the &s;aid <HI>Humfrey Fulwood,</HI> the Petitioner <HI>John Havers,</HI> as we are informed, on the behalf of his &s;aid &s;on in law <HI>Jerome Alexander,</HI> hath fully &s;atisfied and paid unto the &s;aid <HI>Humfrey Ful|wood,</HI> the &s;aid Sum of five hundred pounds, or otherwi&s;e compounded with him the &s;aid <HI>Humfrey Fulwood</HI> for the &s;ame, as by an Acquittance under the hand
<PB N="67" REF="53">and &s;eal of the &s;aid <HI>Humfrey Fulwood,</HI> bearing date the &s;eventh day of <HI>April,</HI> in the ninth yeer of Our Reign, te&s;tifying the &s;ame, more at large appeareth: And that he hath al&s;o &s;atisfied and paid unto the &s;aid <HI>Henry Nevil</HI> the &s;aid fifty pounds before mentioned, to be awarded unto him the &s;aid <HI>Henry Nevil</HI> by the Sen|tence of Our &s;aid Court, for his damages as afore&s;aid, or hath otherwi&s;e compoun|ded for the &s;ame, as by an Acquittance al&s;o under the hand of the &s;aid <HI>Henry Ne|vil,</HI> dated the three and twentieth day of <HI>May,</HI> in the &s;ixth yeer of Our Reign, more plainly doth appear. Know ye therefore, that We being moved with pity, and at the humble Suit of Our &s;aid welbeloved Subject <HI>John Havers,</HI> of Our e&s;pecial Grace, certain knowledge, and meer mercy, have pardoned, remi&s;&s;ed, di&s;charged, and relea|&s;ed; and by the&s;e Pre&s;ents, for Us, Our Heirs and Succe&s;&s;ours, do pardon, remit, di&s;|charge and relea&s;e unto the &s;aid <HI>Jerome Alexander,</HI> by what Name or Names, Sirname or Sirnames, or addition of Name or Sirname, My&s;tery or My&s;teries, Place or Places, what&s;oever he be called or known, or late was called or know, all and &s;ingular Pains of Impri&s;onment and Submi&s;sion what&s;oever, to be made to Our &s;aid Court of Star-Chamber by him the &s;aid <HI>Jerome Alexander</HI> for the &s;aid tre&s;pa&s;&s;e and offence, and all other corporall puni&s;hments what&s;oever, in or by the fore&s;aid Order, Judgement or Decree impo&s;ed, ordered, adjudged or decreed again&s;t him; and all further Execution that We have or may have again&s;t the &s;aid <HI>Jerome Ale|xander</HI> by occa&s;ion of the &s;aid Sentence: Willing and Commanding by the&s;e Pre|&s;ents, all and every Our Judges, Ju&s;tices, Sheriffs, Offices and Mini&s;ters what&s;oever, that the &s;aid <HI>Jerome Alexander,</HI> for the premi&s;es before by the&s;e Pre|&s;ents mentioned, to be pardoned, remi&s;&s;ed, di&s;charged and relea&s;ed, or any of them, be not at any time or times hereafter in any wi&s;e &s;ued, molested, vexed, attached, ar|rested, impri&s;oned, troubled, or di&s;quieted; but that he be from all impri&s;on|ment for the &s;ame, and &s;ubmi&s;sion what&s;oever to be made to Our &s;aid Court, for any the matters, offences, or cau&s;es afore&s;aid, for ever hereafter ab&s;olutely acquitted, re|lea&s;ed, and wholly di&s;charged, by the&s;e Pre&s;ents. And if, for the matters afore by the&s;e Pre&s;ents pardoned, di&s;charged and relea&s;ed, or either of them, the &s;aid <HI>Jerome Alexander</HI> is, or at any time hereafter &s;hall be impri&s;oned, arre&s;ted, or di&s;quieted, That then, upon &s;hewing of the&s;e Our Letters Patents, or the Inrolment thereof, he be forthwith freed, di&s;charged, and &s;et at liberty, without any further or other Warrant from Us, Our Heirs or Succe&s;&s;ours, to be had, procured or obtained in that behalf. And the&s;e Our Letters Patents, or the Inrolment or Exemplication thereof, &s;hall be unto all men whom it &s;hall or may concern, a &s;ufficient Warrant and Di&s;|charge for the &s;ame. Provided, neverthele&s;&s;e, and upon this Condition, That the &s;aid <HI>Jerome Alexander</HI> &s;hall not at any time or times hereafter practi&s;e as a Coun|&s;ellour at Law within this Our Kingdom of <HI>England,</HI> either publikely at the Bar, or privately in his Chamber; but &s;hall &s;tand and be utterly di&s;abled from the &s;ame, according to the Tenour of the &s;aid Decree and Sentence. Provided al&s;o, That if the &s;aid &s;everall Suns of five hundred pounds, and fifty pounds, or either of them, hath not been &s;atisfied, as by the &s;aid Petition is &s;ugge&s;ted, that then the&s;e Pre&s;ents &s;hall be void; any thing herein contained to the contrary notwith&s;tanding. Al|though expre&s;&s;e mention of the certainty of the Premi&s;es, or any of them, or of any other Gift or Grant, by Us, or any of Our Predece&s;&s;ours, to the &s;aid <HI>Jerome Alex|ander</HI> heretofore made, in the&s;e Pre&s;ents is not made; or any Statute, Act, Ordi|nance, Provi&s;ion, Proclamation, or Re&s;traint, to the contrary thereof, heretofore had, made, ordained, or provided, or any other thing, cau&s;e, or matter what&s;oever, in any wi&s;e notwith&s;tanding. In Witne&s;&s;e whereof, We have cau&s;ed the&s;e Our Letters to be made Patents.</P>
<PB N="68" REF="54">
<CLOSER>Witne&s;&s;e Our Self <DATELINE>at <HI>We&s;tmin&s;ter</HI> <DATE>the fourth day of <HI>December,</HI> in the ninth yeer of Our Reign.</DATE></DATELINE>
<SIGNED><HI>Per Breve de privato Sigillo.</HI> Wol&s;ley.</SIGNED></CLOSER>
</FLOATEXT>
<P>And le&s;t you &s;hould &s;u&s;pect, that Ma&s;ter <HI>Alexander</HI> hath &s;poken much of this without-book, and without ground of the &s;aid Lord <HI>Coventries</HI> car|riage towards him in this matter, by his continuall interrupting His Ma|je&s;ties grace and mercy towards him, for &s;ome yeers together; be plea&s;ed to read the following <HI>Affidavit,</HI> which Ma&s;ter <HI>Alexander</HI> hopeth will &s;a|tisfie the truth of his Allegations.</P>
<FLOATEXT LANG="eng" TYPE="affidavit">
<P><HI>EDward Havers,</HI> of <HI>Windfarding,</HI> in the County of <HI>Norfolk</HI> E&s;quire, de|po&s;eth; That not long after the Petitioner <HI>Jerome Alexander</HI> was fined in the Star-chamber by that Sentence, again&s;t which hee now complaineth; this De|ponent heing Uncle to his Wife, and under&s;tanding that the Lord <HI>Coventry,</HI> late Lord Keeper, was an heavy enemy to the Petitioner in that bu&s;ine&s;&s;e, and de&s;iring to get him a Pardon of the Sentence, did endeavour, fir&s;t to prevail with the &s;aid Lord Keeper, that hee would not oppo&s;e the pa&s;sing of the &s;aid Pardon, in ca&s;e the Petitioner could obtain it from His Maje&s;ty; and to that purpo&s;e the Deponent made meanes to the &s;aid Lord <HI>Coventry,</HI> by Sir <HI>John Hare</HI> Knight, the &s;aid Lord Keepers &s;onne in law, who laboured in it accordingly, as hee told this Deponent, and per&s;waded the &s;aid Lord <HI>Coventry</HI> in the Petitioners behalf: But the &s;aid Lord <HI>Coventry,</HI> as the &s;aid Sir <HI>John Hare</HI> told this Deponent, would not bee per&s;waded to it, but u&s;ed the&s;e words to him, &s;aying, Sonne, there &s;hall never any Pardon pa&s;&s;e 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 &s;hortly after, the fine was begged, by one Ma&s;ter <HI>Fulwood,</HI> and pa&s;&s;ed under the great-Seal, who was compounded with for the &s;aid Fine, and <HI>Nevil</HI> for his fifty pounds, and <HI>Yates</HI> for the Co&s;ts. And when this Deponent attempted again to get a Pardon of the re&s;idue of the Cen&s;ure, that &s;o the Petitioner might have liberty to Practi&s;e, and u&s;ed the Earl of <HI>Dor&s;et,</HI> to move His Maje&s;ty in the Petitioners behalf, to ob|tain the &s;aid Pardon, who did &s;o; and the late Lord <HI>Faulkland</HI> al&s;o joyned in that Suit to His Maje&s;ty for the Petitioner: But the Lord <HI>Coventry</HI> &s;till oppo&s;ed it, albeit the &s;aid Earl of <HI>Dor&s;et,</HI> begged it at the Princes birth, as a Boon from His Maje&s;ty at that time; and &s;o it re&s;ted till His Maje&s;ty went into <HI>Scotland;</HI> and there againe this Deponent petitioned His Maje&s;ty at His Coronation there, for the &s;aid Pardon, and procured the late Lord Trea&s;urer <HI>We&s;ton</HI> to move in it for the Petitioner: But His Maje&s;ty remembring what the &s;aid Lord <HI>Coventry</HI> had informed him, again&s;t the Petitioner, notwith&s;tanding all the meanes that could be made, refu&s;ed it. Yet after His Maje&s;ties return from <HI>Scotland,</HI> this Deponent did again &s;ollicite His Maje&s;ty by petition, in the name of the Petitioners father in law, this Deponents brother; and then again this Deponent procured the Earl Mar&s;hall, and Earl of <HI>Pembrook</HI> Lord Chamberlain, to move in it for the Petitioner, who did &s;o, and with great &s;ollicitation did obtain a Reference upon the Petition, and afterwards a Grant, that a Pardon &s;hould pa&s;&s;e: And then this Deponent laboured by Ma&s;ter <HI>Thankfull Fruen,</HI> the Lord <HI>Coventries</HI> &s;ervant, to per&s;wade his Lord, not to oppo&s;e it, who told this Deponent, that he did labour his Lord, the &s;aid Lord <HI>Co|ventry,</HI> that he would &s;uffer the Pardon to pa&s;&s;e, who as Ma&s;ter <HI>Fruen</HI> told this De|ponent, did deny to yeeld to it, and &s;aid to him again, It &s;hould not pa&s;&s;e the Seal, &s;o long as he kept the great Seal, or words to that effect; and then as Ma&s;ter <HI>Fruen</HI>
<PB N="69" REF="54">informed this Deponent, he told his &s;aid Lord, that he would be commanded to doe it again&s;t his well, and therefore it were better his Lord&s;hip would do it willingly, but the &s;aid Lord <HI>Coventry</HI> would not be per&s;waded by him, and at length Ma&s;ter <HI>Noy,</HI> then the Kings Atturney, per&s;waded the &s;aid Lord <HI>Coventry</HI> to &s;eal the Pardon, as this Deponent verily beleeveth: For this Deponent applying him&s;elf to the &s;aid Ma&s;ter Noy, and telling him how the &s;aid Lord <HI>Coventry</HI> had before oppo&s;ed it, and that he would oppo&s;e it: The &s;aid Ma&s;ter <HI>Noy</HI> told this Deponent, that he would warrant this Deponent the &s;aid Lord <HI>Coventry</HI> would then be of an|other minde: And the &s;aid Ma&s;ter <HI>Noy</HI> being at the &s;aid Lord <HI>Coventries</HI> at a Seal, when the Pardon was to be &s;ealed, did whi&s;per the &s;aid Lord <HI>Coventry</HI> in his ear: and &s;o at that time it was &s;ealed with that Condition, That the Petitioner &s;hould not practi&s;e as a Coun&s;ellour at Law in <HI>England;</HI> as is contained in the Pardon.</P>
<CLOSER><DATE><HI>Jurat. 17 Junii, 1643.</HI></DATE>
<SIGNED>R. Riche.</SIGNED></CLOSER>
</FLOATEXT>
<P>And now after all this, a man would have thought that Ma&s;ter <HI>Alexan|der</HI> &s;hould have been at &s;ome re&s;t and quiet from further trouble in this bu|&s;ine&s;&s;e: But afterwards it &s;o fell out, as that he, being entru&s;ted by the Earl Mar&s;hall of <HI>England</HI> in the managing of a Suit which his Maje&s;tie had given him for &s;uch Lands in <HI>Ireland</HI> as were his and his Ladies Ance|&s;tours, and to which he could make out a good Title for the King: which when he had waded in &s;o far, as that he had made it to appear unto the then Lord Deputy the Earl of <HI>Strafford,</HI> that a good Title would be found for his Maje&s;tie to a great quantity of Land which had &s;ometimes been the Inheritance of the Earls of <HI>Norfolk</HI> and <HI>Shrewsbury;</HI> covetou&s;ne&s;&s;e, and &s;omething el&s;e, now made him the &s;aid Deputy to ca&s;t an eye upon it for him&s;elf: and lying all not far from <HI>Dublin,</HI> within the Province of <HI>Lein&s;ter,</HI> where the &s;aid Earl of <HI>Strafford</HI> had gotten &s;ome footing before; fir&s;t, his Lord&s;hip did labour with the Earl Mar&s;hal to have quit his pre|tence unto it, alleadging, that it would hinder his Maje&s;ties de&s;ignes of rai&s;ing a Revenue in that Kingdom unto the Crown, and would be other|wi&s;e of differvice to the State; with other like Objections; with which he &s;o prevailed, and with other In&s;inuations, and promi&s;e of &s;ervice to the Earl Mar&s;hal in other things, that he had almo&s;t per&s;waded him to give over his Suit: And in the mean time the &s;aid Earl of <HI>Strafford</HI> had pro|cured Letters from his Maje&s;tie, and i&s;&s;ued out Commi&s;&s;ions to entitle his Maje&s;tie to the&s;e Lands, as derived from the Earl Mar&s;hals and his Ladies Ance&s;tours, which M. <HI>Alexander</HI> had di&s;covered: And having found one Territory thereof, but not the tenth part thereof, afterwards procured more Letters for to pa&s;&s;e the &s;ame to others at a &s;mall Rent, under a hundred pounds <HI>per annum,</HI> which was no le&s;&s;e in value then between three and four thou&s;and pounds <HI>per an.</HI> Which M. <HI>Alexander</HI> perceiving, informed the Earl Mar&s;hal thereof, and of the true &s;tate of things: Whereupon, his Lor&s;hip finding him&s;elf thus injured and abu&s;ed by the Earl of <HI>Strafford,</HI> did labour his Maje&s;tie that he might go on with his Suit for tho&s;e Lands, and did proceed &s;o far, as that many of the <HI>terre</HI> Tenants, the ancient Natives, who had been in po&s;&s;e&s;&s;ion by intru&s;ions by them and their An|ce&s;tours for many Generations, &s;ome hundreds of yeers, Ma&s;ter <HI>Alexan|der</HI> had &s;o &s;atisfied them in the weakne&s;&s;e of their Titles, that, without
<PB N="70" REF="55">more ado, the chiefe&s;t of them began to &s;urrender, and did &s;urrender their e&s;tates into his Maje&s;ties hands, with intent that they &s;hould be granted to the &s;aid Earl Mar&s;hal and his Heirs, according to the Tenour of his Maje&s;ties Letters in that behalf; and were re&s;olved to &s;tand to the &s;aid Earl Mar&s;hals courte&s;ie for new Grants to hold of him and his Heirs: Which thing when the &s;aid Earl of <HI>Strafford</HI> perceived, and that, the Earl Mar&s;hal having gotten this footing, the &s;aid Lord Deputies project therein concerning him&s;elf to get tho&s;e Lands, would be at an end; and &s;o he was not onely like to have too powerfull a Neighbour, but his actions mu&s;t thereupon be &s;ifted and di&s;covered, in that wherein he had broken both tru&s;t and all bonds of friend&s;hip with the Earl Mar&s;hal, now he the &s;aid Lord Deputy &s;aw he had no other way to acquit him&s;elf, but either to gain Ma&s;ter <HI>Alexander</HI> unto his party, or by cru&s;hing him altoge|ther, that &s;o he might be quitted of him; he therefore attempted fir&s;t by all expre&s;&s;ions of favour towards him, to win him; and at all places, and in all ca&s;es, where he might &s;hew him countenance, he did it, for a time, till he perceived that nothing could take him from his duty, or to violate the tru&s;t the Earl Mar&s;hal had put in him, but found that Ma&s;ter <HI>Alexan|der</HI> the rather proceeded with the more zeal and earne&s;tne&s;&s;e in that bu&s;i|ne&s;&s;e then before, and by this opportunity was able to have done the &s;aid Lord Mar&s;hals bu&s;ine&s;&s;e without him; when he thought twas high time to turn about, and that &s;peedily, or it had been too late; for all the po&s;&s;e&s;|&s;ours of tho&s;e Lands were re&s;olved to have made the like &s;urrenders of their e&s;tates as their neighbours had done before, into his Maje&s;ties hands, <HI>&amp;c.</HI> Whereupon, &s;pirits were rai&s;ed up, to fined out other particular in|tere&s;ts and claims of private men, which were &s;et on foot again&s;t the &s;aid ancient po&s;&s;e&s;&s;ours; and albeit without colour or &s;hadow of Title, yet it was enough to embroyl the bu&s;ine&s;&s;e, and for to hinder the Earl Mar|&s;hals &s;moother proceedings: and now a Bill was fir&s;t brought again&s;t the&s;e Gentlemen, for no other cau&s;e, but for making the&s;e Surrenders of their e&s;tates into the Kings hands; And becau&s;e it was pretended to be done in prejudice of tho&s;e claimers that had no colour of right; yet for this, and no other thing, were they grievou&s;ly fined and cen&s;ured in the Ca&s;tle-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 again&s;t the Occupants, and their e&s;tates and po&s;&s;e&s;&s;ions ordered from them, and they outed of their Intere&s;ts, which they and their An|ce&s;tours had enjoyed for &s;ome hundreds of yeers before: and in this time they could get no Lawyer to plead or &s;peak for them, but Ma&s;ter <HI>Alexander;</HI> for which cau&s;e, the &s;aid Lord Deputy had wrought all the Judges, &s;ome few excepted that were ju&s;t men, to disfavour him, and fix what&s;oever upon him to di&s;grace him, when he came in their way; al&s;o, whom&s;oever he was that would complain again&s;t him, had the &s;aid Lord Deputies ears open, and his creatures too more ready to receive, then any of them could po&s;&s;ibly be for to petition again&s;t him: And thus Ma&s;ter <HI>Alexander</HI> had almo&s;t enough to do to make his own Defence again&s;t &s;uch clamours and fal&s;e things which were thus received again&s;t him, whereof he &s;till cleared and freed him&s;elf; but without any recompence of his lo&s;&s;es and damages thereby &s;u&s;tained, and without all repair for the ba&s;e &s;candals were thereby put upon him: whereupon, he perceiving him&s;elf
<PB N="71" REF="55">thus re&s;olved and de&s;tined unto ruine, by &s;ome one means or other, were it right or wrong; and having under&s;tood out of his Lord&s;hips the &s;aid Lord Deputies &s;ecret Clo&s;et, that he had a&s;&s;uredly purpo&s;ed and determi|ned to ruine him; therefore, fore&s;eeing the danger, M. <HI>Alexander</HI> prepared, the be&s;t he could, for to prevent it: and now by the oppo&s;ition that was between them, by which means tho&s;e that were in like manner oppre&s;&s;ed did &s;till repair unto Ma&s;ter <HI>Alexander</HI> for advice and coun&s;el, he under|&s;tood the mo&s;t of his wicked actions; and ob&s;erving his ways again&s;t others, and that there was no fence for him to &s;ave him&s;elf, whom he purpo&s;ed for no de&s;troy; therefore Ma&s;ter <HI>Alexander</HI> came for <HI>England,</HI> and yet without his Pa&s;&s;e, which was the thing he &s;tormed at; having before this time made an Act of Common-Councell (which he declared &s;hould in all tings be as binding as a Statute-Law) That no Subject of <HI>Ireland</HI> &s;hould come for <HI>England,</HI> or go el&s;ewhere beyond the Seas, with|out his &s;pecial Licen&s;e: which when any endeavoured to obtain at his hands, again&s;t whom he had any thing to &s;ay, he mu&s;t be &s;ure to ask and go without: how&s;oever, if he had no fair pretence; yet then it mu&s;t be delayed at the lea&s;t, &s;o long, untill &s;ome way or other was found out to ob&s;truct his pa&s;&s;age; and &s;o enthrall and trouble the Pa&s;&s;enger, as ruine was the end at la&s;t, again&s;t whom&s;oever his di&s;plea&s;ure and indig|nation did ari&s;e: And if it did &s;o fall out at any time, that any man had obtained his Maje&s;ties Letters to him, requiring his permi&s;&s;ion to let him come for <HI>England,</HI> he would notwith&s;tanding hinder him, if he were &s;uch a one as he had no minde to let depart, or whom he feared might tell tales at Court: therefore Ma&s;ter <HI>Alexander</HI> procured the Warrant fol|lowing for his repair into <HI>England,</HI> and made u&s;e of it for his coming away accordingly.</P>
<FLOATEXT LANG="eng" TYPE="warrant">
<HEAD>To the Lord Deputy of <HI>Ireland.</HI></HEAD>
<P>RIght Trustie and Right Welbeloved Cou&s;in and Coun&s;ellour, We greet you well. Whereas Our Right Trustie and Our Right Welbeloved Cou&s;in and Coun&s;el|our, <HI>Thomas</HI> Earl of <HI>Arundel</HI> and <HI>Surrey,</HI> Earl Mar&s;hal of <HI>England,</HI> hath e&s;peciall occa&s;ion for the &s;ervice and employment of Our Subject <HI>Jerome Alex|ander,</HI> who is now re&s;iding in that Our Kingdom; and hath therefore de&s;ired Us that he may have Our e&s;pecial Licen&s;e for his repair hither into Our Realm of <HI>England:</HI> We do therefore hereby will and require you to declare and &s;ignifie unto him the &s;aid <HI>Jerome Alexander,</HI> That it is Our will and plea&s;ure that he do with all convenient &s;peed make his repair hither. And We do further will and require you, That you &s;uffer not any impediment what&s;oever to delay or hinder him in his coming: And likewi&s;e, That you take cour&s;e that in his ab&s;ence he may not receive any lo&s;&s;e or damage by any Suits, or otherwi&s;e, to be pro&s;ecuted again&s;t him, concerning him or his e&s;tate: And the&s;e Our Letters &s;hall be your &s;ufficient Warrant and Di&s;charge in this behalf.</P>
<CLOSER><DATELINE>Given under Our Signet at Our Manour at <HI>Oatlands,</HI> <DATE>the first day of <HI>Augu&s;t,</HI> in the thirteenth yeer of Our Reign.</DATE></DATELINE>
<POSTSCRIPT>
<P><HI>This is examined, and agreeth with the Entry in the Signet-Book.</HI></P>
<CLOSER><SIGNED><DATE><HI>26</HI> Martii, <HI>1641.</HI></DATE> Abra. Williams.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</FLOATEXT>
<PB N="72" REF="56">
<P>By force of which Authority, Ma&s;ter <HI>Alexander</HI> made his repair over, having delivered his Letters fir&s;t: But his Lord&s;hip not being at lea&s;ure to give an An&s;wer, he took his Voyage, and was here in <HI>London</HI> before that ever his Lord&s;hip thought he had left that Kingdom; whereat he was much troubled and enraged, and therefore wrote over the&s;e en&s;uing Letters to Sir <HI>Francis Windebank</HI> Knight, then one of his Maje&s;ties prin|cipall Secretaries of State, for to inform his Maje&s;tie again&s;t Ma&s;ter <HI>Ale|xander</HI> for his coming over thus, before his Lord&s;hip had declared it to him to be his Maje&s;ties plea&s;ure; and that would have been po&s;&s;ibly <HI>ad Grecas Calendas.</HI></P>
<LETTER LANG="eng">
<OPENER><SALUTE>SIR,</SALUTE></OPENER>
<P><HI>I</HI> Am occa&s;ioned, by His Majesties Letter of the first of <HI>October,</HI> underwritten by your &s;elf, to de&s;ire not onely my Lords of the Committee, but that the King al&s;o may under&s;tand how this Government hath been of late treated, nay &s;lighted, in my Per&s;on; and that it may be there con&s;idered and directed, as it hath &s;ingly Relation to His Majesties Authority, and the Publike; not conceiving it at all otherwi&s;e to concern my own particular one way or other.</P>
<P>You may be plea&s;ed to remember how the Earl of <HI>Kildare</HI> lately went hence, and in what condition his Majestie &s;ent his Lord&s;hip unto us, together with a Command that an Information &s;hould be put in again&s;t him in the Castle-Chamber, for his con|tempt in departing the Kingdom without Licen&s;e: Neverthele&s;&s;e, by His Majesties Direction, the pro&s;ecution hath hitherto been forborn, by rea&s;on of the &s;en&s;e his Lord|&s;hip expre&s;&s;ed of his errour; and in hope, out of the apprehen&s;ion of his own danger, he might be induced to yeeld his con&s;ent, &s;o to &s;ettle his e&s;tate, as might pre&s;erve that ancient Family from the pre&s;ent Ruines his ob&s;tinate and ill-ordered appetites will otherwi&s;e most a&s;&s;uredly and &s;uddenly cover it withall.</P>
<P>But it &s;eems this gentlene&s;&s;e and moderation wrought a quite other effect then was hoped, and rather emboldened, then in any degree re&s;trained that humour of con|tradiction, which good Gentlemen he believes ought and can onely expre&s;&s;e the greatne&s;&s;e and &s;pirit of a <HI>Gerraldine.</HI></P>
<P>For not long after, in a Ca&s;e depending betwixt the Earl and the Lord <HI>Digby,</HI> his Lord&s;hip found &s;tomack to deny bringing in of certain Writings concerning the Castle of <HI>Leigh,</HI> whereunto his Lord&s;hip is obliged, by the Award of King <HI>James</HI> of ble&s;&s;ed Memory; and per&s;i&s;ting in his contempt, was, about &s;ix mo|neths &s;ince (and &s;o continues &s;till) committed by Order of the Deputy and Coun|cell.</P>
<P>A moneth agone, or thereabouts, I &s;ent my Secretary to acquaint his Lord&s;hip I under&s;tood the Counte&s;&s;e his Lady had been all the night before at the Rings end, waiting upon a pa&s;&s;age for <HI>England;</HI> but the winde turning cro&s;&s;e, had con&s;train|ed her Ladi&s;hip to her lodging again: Thus as a friend I wi&s;hed his Lord&s;hip to call to minde the manner of his Lord&s;hips last going over, and coming back; that I was unwilling my Lady &s;hould meet with any di&s;plea&s;ure or trouble, on the other &s;ide: and therefore, if I might under&s;tand what number of &s;ervants, Coach-hor&s;es, or any other accommodations &s;he de&s;ired for her journey, I would in&s;tantly &s;end her Ladi&s;hip my Licen&s;e for them all.</P>
<P>The An&s;wer his Lord&s;hip &s;ent me, was, His wife went again&s;t his will; that he would be glad I &s;taid her: And the next I heard, her Ladi&s;hip was landed at <HI>Holy|head,</HI> rid by Po&s;t-hor&s;es thorow <HI>Wales</HI> to <HI>Che&s;ter,</HI> and &s;o by Coach to <HI>London.</HI></P>
<PB N="73" REF="56">
<P>And how&s;oever, as under favour, I judge it not becoming any Subject, how great &s;oever he either is, or takes him&s;elf to be, thus, out of animo&s;ity or wanton|ne&s;&s;e, not to content him&s;elf to do his bu&s;ine&s;&s;e, without he may al&s;o plea&s;e and ma|gnifie him&s;elf, through a preterition and &s;corn put upon us his Maje&s;ties ordinary Mini&s;ters, and the Government it &s;elf: So is it altogether intolerable, when men of mean and defamed condition &s;hall flatter and blowe them&s;elves up to a like vanity and pre&s;umption.</P>
<P>And yet &s;uch a one there is, by name Ma&s;ter <HI>Jerome Alexander,</HI> a Coun&s;ellour at Law, who, by untrue &s;urmi&s;es, I conceive, to my Lord Mar&s;hal, hath procured the Letter I fir&s;t mentioned, under the Signet, That, as of a per&s;on of who&s;e &s;er|vice and employment his Lord&s;hip hath e&s;peciall occa&s;ion, I mu&s;t declare and &s;igni|fie unto this Gentleman, that it is His Maje&s;ties will and plea&s;ure that he do with all convenient &s;peed make his repair thither; am required not to &s;uffer any impediment to hinder his coming, and likewi&s;e to take cour&s;e that in his ab&s;ence he may not receive any lo&s;&s;e or damage by any Pro&s;ecution again&s;t his per&s;on or e|&s;tate.</P>
<P>Indeed I &s;omething wonder the Gentleman &s;hould do in this manner, having never had from me in his life, either in the cour&s;e of his Practice, or other|wi&s;e, other then courteous and re&s;pective u&s;age; and which I take unkindly from him, I confe&s;&s;e, thus to in&s;inuate with my Lord Mar&s;hal, before he had ever acquainted me with his occa&s;ions, or de&s;ire of going over, as if I &s;hould be again&s;t his departure for his Lord&s;hips &s;ervice, unto who&s;e Affairs I have been under&s;tood to wi&s;h as much pro&s;perity, as any other poor &s;ervant his Lord&s;hip hath: nay, &s;o evident a truth is this, as His Maje&s;tie, I am mo&s;t confident, will graciou&s;ly remember it to have been verily &s;o, in more particulars then one.</P>
<P>I may therefore &s;incerely affirm, that if Ma&s;ter <HI>Alexander</HI> had de&s;ired, in his own name, much more for my Lord Mar&s;hal his occa&s;ions, to have had Licen&s;e, it &s;hould have been as &s;oon granted as moved: What need was there then for him thus to &s;eek it, in this implicite and braving manner, as if it were to be whether I would or no, before ever I were asked the que|&s;tion? And yet let me in&s;truct him, plea&s;e or rai&s;e him&s;elf never &s;o high by the&s;e little A&s;&s;umptions, they will not much value him, with wi&s;e men, for all that.</P>
<P>Next, I mu&s;t confe&s;&s;e, I am not well plea&s;ed he &s;hould wrap me under the like Guilt of Di&s;obedience with him&s;elf, by not admitting me &s;o much re|&s;pite as to do my Ma&s;ters will, and to declare and &s;ignifie unto him the Kings plea&s;ure, according as I was directed: For whereas upon the receipt of His Maje|&s;ties &s;aid Letters, and being informed from the Bearer of Ma&s;ter <HI>Alexanders</HI> abode in the Countrey; my An&s;wer was, That at his coming to Town the bu&s;ine&s;&s;e &s;hould be di&s;patched.</P>
<P>After I have certified you very truely, the Letter came not to my hands before the &s;ixth of this Moneth, and that he was &s;een in <HI>London</HI> the ninth of the &s;ame, it will ea&s;ily and plainly be gathered, the Gentle|man was gone before he vouch&s;afed &s;o much as to deliver me the Let|ter: And yet I attribute it rather to height of minde and &s;tomack, then to his over-dilgence, thus fir&s;t and la&s;t to over-run the Con&s;ta|ble.</P>
<P>Again, out of my Duty to the orderly and comely proceeding of the&s;e Affairs, admit me to ob&s;erve the ill con&s;equence I fear must follow &s;uch an ill In&s;tance
<PB N="74" REF="57">as this, as well in the generall, as in this particular: In the generall, we &s;hall be &s;ure to have Suiters enough in this kinde, if that they may thus procure, not onely leave to go over, but Protections Royall al&s;o, which may free them not onely from the Civil demands of the Subject, but from any Criminall Pro|&s;ecution again&s;t them, on His Maje&s;ties behalf; and not onely &s;o, but that the Kings Deputy mu&s;t be enjoyned to take cour&s;e for every private mans bu&s;ine&s;&s;e, that hath, or may have enough of his Majesties to attend be&s;ides: And in this particular, I know not how it might be thought His Maje&s;tie had been informed, to give &s;uch an e&s;peciall and gracious Protection to a per&s;on that was but a few yeers &s;ince publikely &s;entenced and branded for a foul and corrupt Forgery, in the Starre-Chamber of <HI>England;</HI> So as it is truely to be wi&s;hed, the Gen|tleman may prove more faithfull to his Lord&s;hips commands and &s;ervices here|after, then in tho&s;e times it &s;eems he was, either to his own con&s;cience or credit.</P>
<P>And lastly, give me leave to acquit my &s;elf, upon this occa&s;ion, of a &s;everity imputed unto me, by the ignorance and malice of &s;ome, as if this re&s;training of mens going over without Licence, were a new-found holy-day of mine own, and fir&s;t introduced by me, then which, God wot, nothing more gro&s;ly mi&s;taken; for it is most plain, that by the ancient Law I was penally impo&s;ed upon this &s;ubject, which appears by the Statute in this King|dom, of <HI>25</HI> of <HI>H. 6. cap. 2 and 9.</HI> which reciting, That hereafter no Liege|mans Lands &s;hould be &s;ei&s;ed, though out of the Land, if &s;o be it were by the Command of the King his Lieutenant, <HI>&amp;c.</HI> implies, That before that time if they had gone, of their own heads, their Lands were then, and &s;till are to be &s;ei&s;ed into the Kings hands.</P>
<P>Next, in rea&s;on of State and Government, it hath always been &s;o declared and practi&s;ed by many Acts of State, and all the Governours &s;ucce&s;sively; it being in truth mo&s;t dangerous to the Crown of <HI>England,</HI> That this &s;ubject, &s;o much addicted to hold Intelligence and forraign dependances abroad, &s;hould have liberty to be tran&s;ported as they li&s;t, without giving any account at all of them|&s;elves to the pre&s;ent Governour.</P>
<P>And in the la&s;t place, as a matter much conducing to the good and quiet of this Kingdom, they them&s;elves, in their twelfth Article of Graces, be&s;eech the King it may be &s;o continued: And his Majestie, by his Princely An&s;wer, a&s;&s;ents, and enjoyns it to be &s;o practi&s;ed and ob&s;erved. So as after all this, there mu&s;t be many better tokens then any as yet I have heard, before the childe can, by any interepretation, be taken or believed to be mine.</P>
<P>And thus, in all humility, I &s;ubmit the con&s;ideration hereof to his Maje&s;ties wi&s;edom, be&s;t able to di&s;cern an inconvenience, and &s;ea&s;onably to apply the proper remedy, re&s;ting,</P>
<CLOSER><SIGNED><HI>Your faithfull humble &s;ervant,</HI> Wentworth.</SIGNED>
<DATELINE><HI>Dublin,</HI> <DATE><HI>this twentieth of</HI> November, <HI>1637.</HI></DATE></DATELINE>
<POSTSCRIPT>
<P>Received the &s;eventh of <HI>December.</HI></P>
</POSTSCRIPT></CLOSER>
</LETTER>
<PB N="75" REF="57">
<P>By which you may perceive, <HI>Ovem in fronte, Vulpem in corde gerit:</HI> he pretends fair, but meant nothing le&s;&s;e then what he &s;aid: all his endea|vour was, to have Ma&s;ter <HI>Alexander</HI> &s;ent to him back again with a Rod at his back, as the Earl of <HI>Kildare</HI> was, of whom he gives in&s;tance for that purpo&s;e: But His Maje&s;tie having read the Letters, was di&s;plea&s;ed for a time, and cau&s;ed Ma&s;ter <HI>Alexander</HI> to be committed to the Fleet for this, notwith&s;tanding he had His Maje&s;ties own Licen&s;e for his coming over. And well it was for Ma&s;ter <HI>Alexander</HI> that he was &s;o impri&s;oned; for though it was conceived too much puni&s;hment for &s;o &s;mall an offence, yet it &s;topped the Earl of <HI>Straffords</HI> mouth from all further complaint again&s;t him; or otherwi&s;e he would never have left, till he had gotten him to have been &s;ent over back again for <HI>Ireland,</HI> and left unto his mer|cy. You may al&s;o perceive how willingly he was mi&s;taken, fal&s;ly to &s;candalize and traduce Ma&s;ter <HI>Alexander</HI> unto His Maje&s;tie in the matter of this Sentence, terming the Accu&s;ation Forgery, which he well knew was not &s;o, having had a finger in the bu&s;ine&s;&s;e long before; but did it purpo&s;ely to lay a block in the way of Ma&s;ter <HI>Alexanders</HI> preferment, fearing le&s;t Ma&s;ter <HI>Alexander,</HI> by his friends, might procure &s;omething of his Maje&s;ties Gift that he would not have been well plea&s;ed withall; and if he and his be&s;t friends had not be&s;tirred them&s;elves quickly, and to purpo&s;e, Ma&s;ter <HI>Alexander</HI> had been &s;o placed by him, as mu&s;t have of|fended him to the heart; which place to have been &s;etled upon Ma&s;ter <HI>Alexander,</HI> he would not have much cared either for his power or anger. For the manife&s;tation of this truth al&s;o, be plea&s;ed to &s;ee the Warrants for his Commitment and Di&s;charge.</P>
<FLOATEXT LANG="eng" TYPE="warrant">
<P>THe&s;e are to will and require you forthwith to receive into your Custodie the body of <HI>Jerome Alexander</HI> Gent. herewith &s;ent you, and him to keep in your Cu&s;todie, till you &s;hall receive Order for his enlargement. And hereof you are not to fail.</P>
<CLOSER><DATELINE>Dated at <HI>We&s;tmin&s;ter,</HI> <DATE><HI>18</HI> Feb. <HI>1637.</HI></DATE></DATELINE> <HI>To the Warden of the Fleet, and to his Deputy.</HI>
<SIGNED><HI>FRA. WINDEBANK. Vera Copia, examinator per</HI> Tho. Revel, <HI>Cler. de le Fleet.</HI></SIGNED></CLOSER>
</FLOATEXT>
<FLOATEXT LANG="eng" TYPE="warrant">
<P>WHereas, by His Maje&s;ties Command, I committed to your Custody the body of <HI>Jerome Alexander:</HI> His Maje&s;ty being graciou&s;ly plea&s;ed that he &s;hall be &s;et at liberty, The&s;e are therefore to require and authorize you forth|with to enlarge and &s;et at liberty the &s;aid <HI>Jerome Alexander;</HI> for which this &s;hall be your &s;ufficient Warrant.</P>
<CLOSER><DATELINE>At my hou&s;e at <HI>We&s;tmin&s;ter,</HI> <DATE>the <HI>15</HI> day of <HI>March, 1637.</HI></DATE></DATELINE> <HI>To my loving friend the Warden of the Fleet, and to his Deputy and Deputies, the&s;e.</HI>
<SIGNED><HI>FRA. WINDEBANK. Vera Copia, examinator per</HI> Tho. Revel, <HI>Cler. de le Fleet.</HI></SIGNED></CLOSER>
</FLOATEXT>
<PB N="76" REF="58">
<P>Thus far you may perceive what oppre&s;&s;ion Ma&s;ter <HI>Alexander</HI> &s;till en|dured by he oppo&s;ition of the&s;e great Favourites of tho&s;e times; yet &s;till God delivered dim out of all: But the &s;aid Earl of <HI>Strafford</HI> grow|ing &s;till into more and greater favour with his Maje&s;tie every day then other, as the bu&s;ine&s;&s;e he laboured in grew riper, and neerer execution: And Ma&s;ter <HI>Alexander</HI> perceiving, that, albeit the late Lord Vi&s;count <HI>Loftus</HI> of <HI>Ely,</HI> &s;ometimes Lord Chancellour of <HI>Ireland;</HI> the Lord <HI>Mount-Norris,</HI> now Vi&s;count <HI>Valentia;</HI> Sir <HI>Frederick Hamilton</HI> Knight, and others, had again&s;t him to be heard, in the foule&s;t, and mo&s;t palpable, and gro&s;&s;e inju&s;tice and wrong done them, that ever was done, or heard of to be done in a Civil Common-wealth, and yet could obtain no right or redre&s;&s;e of their injuries; but, in&s;tead of relief, were cru&s;hed, by means of his power and greatne&s;&s;e: And knowing him to be an implacable ad|ver&s;ary, that never was &s;atisfied, without the ruine of him again&s;t whom he once conceived a di&s;plea&s;ure: And Ma&s;ter <HI>Alexander</HI> therefore not being able to return into <HI>Ireland,</HI> to live upon his e&s;tate; and having two &s;uch good friends at Court as my Lord <HI>Coventry</HI> the late Lord Keeper, and his little Grace of <HI>Canterbury,</HI> and their Faction, which &s;tood in the way of his preferment here in <HI>England;</HI> and then not being able to exer|ci&s;e his Profe&s;&s;ion, for the rea&s;ons afore&s;aid: the ca&s;e thus &s;tanding with him, he took a re&s;olution to travel beyond the Seas, and did &s;o; where after he had &s;pent &s;ome time abroad, it &s;o fell out, that, contrary to all expectation, this Parliament was a&s;&s;embled; which being &s;ate down and &s;etled, he was called home, and returned, when he found the &s;aid Earl of <HI>Strafford</HI> accu&s;ed by the Parliament of high trea&s;on, and therefore com|mitted, and his Charge delivered in again&s;t him; who a&s;&s;i&s;ted in making good tho&s;e Charges, what he could, in the pro&s;ecution thereof, to bring him unto ju&s;tice, that &s;carce ever did any man ju&s;tice him|&s;elf in all his life: and then Ma&s;ter <HI>Alexander</HI> al&s;o, among&s;t many others, then petitioned the Lords in Parliament again&s;t him, to have been relie|ved for the great oppre&s;&s;ions and inju&s;tice which he had &s;u&s;tained at his hands; as by the &s;ame Petition may appear.</P>
<FLOATEXT LANG="eng" TYPE="petition">
<HEAD>To the Right Honourable the Lords Spirituall and Temporall in the upper-Hou&s;e of Parliament a&s;&s;embled.</HEAD>
<HEAD TYPE="sub">The Humble Petition of <HI>Jerome Alexander:</HI></HEAD>
<OPENER>Shewing,</OPENER>
<P>THat the Earl of <HI>Strafford</HI> conceiving cau&s;le&s;&s;e malice again&s;t your Pe|titioner, in or about the moneth of <HI>July,</HI> in the twelfth yeer of his Maje&s;ties Reign, being then in <HI>England;</HI> and at divers and &s;everall days and times, both before and &s;ince, he expre&s;&s;ed the &s;ame toward your Pe|titioner, as well by di&s;gracefull and &s;candalous words and &s;peeches uttered and &s;poken by him again&s;t your Petitioner to &s;undry Earls, Lords, and Peers, and others His Maje&s;ties loving Subjects of all his Higne&s;&s;e Realms and Dominions, with whom he well knew your Petitioner had to do; as by his actions, and oppre&s;&s;ions of your Petitioner, both in his good name, Profe&s;&s;ion, Fortune and e&s;tate; whereof your Petitioner had notice, be|ing then al&s;o in <HI>England.</HI></P>
<PB N="77" REF="58">
<P>And whereas your Petitioner purcha&s;ed an E&s;tate in Fee, of divers Lands and Tenements, in that His M^t^i^e^s Realm of <HI>Ireland,</HI> from one <HI>Ever Ma|genni&s;e,</HI> and others; for which he had paid great &s;ums of money, and had as good an E&s;tate thereof conveyed unto him, and his Heirs, as by Law could be po&s;&s;ibly devi&s;ed or advi&s;ed, by Deeds Inrolled, Fines, Relea&s;es, and other like good conveyances and a&s;&s;urances; yet after all this, the &s;aid <HI>Magenni&s;e</HI> was encouraged to Petition the &s;aid Earl again&s;t your Petitioner, to di&s;annull and make void the &s;aid Bargain, upon &s;candalous, fal&s;e, and feigned &s;urmi&s;es, in the &s;aid Petition &s;ugge&s;ted: Which Petition the &s;aid Earl entertained before him&s;elf; and his Lord&s;hip granted out thereupon, an Order for your Petitioner pre&s;ently, to appear and an&s;wer the &s;aid Com|plaint, which your Petitioner did, and by his an&s;wer, cleared him&s;elf, both by matter of Record, and otherwi&s;e, and therefore prayed to be di&s;|mi&s;&s;ed from before his Lord&s;hip, and left to the Law; yet would not the &s;aid Earl &s;o do, but &s;till retained the &s;aid Complaint before him, and or|dered the &s;aid <HI>Magenni&s;e</HI> to reply, and after granted an order in the nature of an Injunction, commanding your Petitioner not to &s;ue the &s;aid <HI>Magen|ni&s;e</HI> in any other Court concerning the premi&s;es, untill his Lord&s;hip &s;hould give further order therein. And afterwards the &s;aid Earl &s;o invol|ved and incumbred your Petitioner with References thereupon, and Exa|mination of Witne&s;&s;es, fir&s;t without Oath before Referrees, by his Lord|&s;hip appointed to hear the bu&s;ine&s;&s;e, and upon oath before the Clerk of the Councell, and otherwi&s;e; that your Petitioner be&s;ides the lo&s;&s;e of his time, and the neglect of his Profe&s;&s;ion, &s;pent great &s;ums of money in his defence, and for the cleering of him&s;elf; and it was a yeers time and more, before your Petitioner, withall his utmo&s;t diligence and be&s;t means u&s;ed, could get to be di&s;mi&s;&s;ed from before his Lord&s;hip in that &s;uite, and then not without great importunity of Petitions and otherwi&s;e, preferred unto his Lord&s;hip by your Petitioner for the &s;ame; and yet thus was your Petitioner onely left unto the Law, without any repair for the &s;candalous matter &s;ugge&s;ted again&s;t your Petitioner, and di&s;proved in the proceeding of that Complaint, and without dammages for that unju&s;t vexation: and in this time, the &s;aid <HI>Magenni&s;e</HI> became <HI>non &s;olvant,</HI> That when afterwards your Petitioner had recovered again&s;t him in an ordinary way of Ju&s;tice, and Legall proceedings; the &s;aid <HI>Magenni&s;e</HI> was not able to pay and &s;atisfie unto your Petitioner, his dammages and lo&s;&s;es recovered, whereby your Petitioner is damnified 1000 l.</P>
<P>That the Earl convented &s;ome before him in private, with whom he knew your Petitioner had to deal, whom he examined of matters to have charged your Petitioner in a criminall way, but gaining nothing from them di&s;covered worthy of blame, his Lord&s;hip &s;hewed him&s;elf di&s;content|ed thereat, both again&s;t &s;uch, and your petitioner, branding your Petitioner with the name of a skurvey Puritan, and threatning both him and the Par|ty, that would not be drawn for to accu&s;e him: By means whereof, and the &s;aid Earls further di&s;affection &s;hewed towards your Petitioner, both by words and otherwi&s;e; others al&s;o that did bear ill will again&s;t your Petiti|oner, upon every &s;leight occa&s;ion, and opportunity, were encouraged to traduce and &s;candalize your Petitioner, both publikely and privately, with|out hope of redre&s;&s;e: And thus your Petitioner is damnified 2000 l. more.</P>
<P>That one <HI>Philip Fearne&s;ley</HI> E&s;quire, wounded and maimed your Petiti|oner
<PB N="78" REF="59">in his face, with the &s;troke of a Candle&s;tick, as they were &s;itting to|gether at Supper at your Petitioners own Table, whereby your Petitioner lo&s;t much of his bloud, and was put in great perill and danger of his life, be&s;ides what it co&s;t your Petitioner in the cure and recovery of him&s;elf: Your Petitioner lo&s;t al&s;o the u&s;e of his practi&s;e for a whole Terme time together, and more by that means. For which wrong done unto your Petitioner, your Petitioner brought his Action of a&s;&s;ault, Mai&s;m, and Battery, again&s;t the &s;aid <HI>Fearne&s;ley</HI> in His Maje&s;ties Court of Chief Place in <HI>Ireland,</HI> where I&s;&s;ue was joyned, and a day of Tryall appointed, and the Jury returned, and &s;ummoned accordingly to appear; At which time, your Petitioner coming to the Bar of the &s;aid Court, with his Coun&s;ell and Witne&s;&s;es, prepared for the &s;aid Tryall; then and not before, the &s;aid <HI>Fearn&s;ley</HI> produced an order &s;igned by the Earl of <HI>Strafford,</HI> and &s;ome others of His Maje&s;ties privy Coun&s;ell of that Kingdom, whom his Lord&s;hip had intere&s;&s;ed therein, together with him &s;elf, which was in the nature of an Injunction, commanding your Petitioner not to proceed in his &s;aid Tryall, and to refer th hearing of the bu&s;ine&s;&s;e to certain Referrees, intimate friends of the &s;aid <HI>Fearn&s;leys,</HI> who were thereby appointed to hear, and end the &s;ame; and this was done before your Petitioner was ever called to make an&s;wer to the &s;aid Petition, or that he was ever heard to &s;ay what he could object again&s;t it: And albeit, your Petitioner did afterwards Petition his Lord&s;hip and Coun&s;ell, &s;hewing the fal&s;e &s;ugge&s;tions of the &s;aid Petition, and de&s;iring to be left unto the Law, yet could not your Petitioner obtain a di&s;mi&s;&s;ion thereof; but the &s;aid difference was not|with&s;tanding continued, referred to the &s;aid Referrees, who conceived an order, which your Petitioner dur&s;t not to gain&s;ay, all of them being per&s;ons, before whom your Petitioner daily appeared in his Clients Cau&s;es; which was, That your Petitioner &s;hould accept of 40 l. at certain times, in the &s;aid order mentioned, when your Petitioner had &s;pent above 40 l. in the pro&s;ecution of the &s;uite, be&s;ides his other dammages and lo&s;&s;es, to amounting above a 1000 l. more.</P>
<P>And whereas your Petitioner was Le&s;&s;ee for yeers of certain Lands and Tenements, lying in the Town of <HI>Kilmainham</HI> neer <HI>Kels,</HI> in the County of <HI>Meath,</HI> within His Maje&s;ties &s;aid Realm of <HI>Ireland;</HI> the Par&s;on of the &s;aid Pari&s;h of <HI>Kels,</HI> pretending, that the greate&s;t part of the &s;aid Town of <HI>Kilmainham,</HI> did lye within the Limits and Precincts of the &s;aid Town of <HI>Kels,</HI> made claim to the Tithes thereof: Whereof, neither he, nor any his Predece&s;&s;ors, Par&s;ons of <HI>Kels,</HI> within the memory of man, had ever received any Tithes there, nor had he any colour to demand the &s;ame; but pre&s;uming to finde all favour again&s;t your Petitioner, did there|fore Petition the &s;aid Earl and Councell for recovery thereof; to who&s;e Petition, your Petitioner was ordered to make an&s;wer, and did &s;o do; and in his an&s;wer, and otherwi&s;e, it was informed to the &s;aid Earl and Coun|&s;ell, That the &s;ame was matter of Inheritance, tryable by cour&s;e of Common-Law; Whither he craved to be di&s;mi&s;&s;ed, and al&s;o craved in ayd of his Le&s;&s;our, to be made Party with him, at lea&s;t to the &s;aid &s;uite, that &s;o his Inheritance might not be bound, without his own defence: but this was not admitted, but the &s;ame Par&s;on of <HI>Kells</HI> permitted &s;till to go on, and proceed in the &s;aid &s;uite, again&s;t your Petitioner onely, to I&s;&s;ue, and Examination of Witne&s;&s;es; by which means, your Petitioner lo&s;t
<PB N="79" REF="59">much time from his Calling, and other Imployments, and was enforced to expend great &s;ums of money for his defence, to his further trouble and vexation, and dammage of 500 l. more.</P>
<P>That the Right Honourable the Earl Mar&s;hall of <HI>England,</HI> on or about four yeers &s;ince, procured His Maje&s;ties Letters and Licence for your Pe|titioners repair hither about his Lord|&s;hips occa&s;ions, which your petiti|oner cau&s;ed to be delivered to one of the &s;aid Earl of <HI>Straffords</HI> Secretaries in <HI>Ireland;</HI> his Lod&s;hip being then bu&s;ie, and not to be &s;poken with, when your petitioner took the opportunity of a &s;hip, being then ready to &s;et &s;ail for <HI>England,</HI> it being in the dead time of Winter, and no other &s;hipping expected to go from thence of a long time afterwards; whereat the &s;aid Earl was mightily moved and enraged, and threatned your petitioner, and by his Lord&s;hips Letters then, and otherwi&s;e &s;ince, hath enformed His Maje&s;ty, and others, again&s;t your petitioner of foul crimes and mi&s;de|meanors, whereof your petitioner is innocent and guiltle&s;&s;e; and for which, your petitioner was committed to the pri&s;on of the <HI>Fleet,</HI> and lay there re&s;trained for a long time. And thus the &s;aid Earl of <HI>Strafford</HI> hath drawn not onely His Maje&s;ties ill opinion, and di&s;affection towards your petitioner, but al&s;o the di&s;ta&s;t, and ill conceit of many Noblemen, and others, who before time imployed your petitioner in their bu&s;ine&s;&s;e, and from whom your petitioner before then, had countenance and good re&s;pect: And by this means al&s;o, your petitioner for this four yeers al|mo&s;t la&s;t pa&s;t, hath been kept from the u&s;e of his Calling and Profe&s;&s;ion, and from the comfort of his Wife, Children, Fortune, and E&s;tate, and &s;pent great &s;ums of money for the &s;upport of him&s;elf, to his further dam|mage of 5000 l. more.</P>
<P>That in your Petitioners ab&s;ence in <HI>England,</HI> the Lady <HI>Anne Crosby,</HI> Widow, your Petitioners neer Kin&s;woman, was &s;tirred up to Petition again&s;t your Petitioners wife in <HI>Ireland,</HI> to the &s;aid Earl of <HI>Strafford,</HI> upon an Obligation of 2400 l. &s;pecialty, conditioned for payment of 1200 l. with intere&s;t, which was not then due, nor untill a yeer after demand; at which time al&s;o, one <HI>Arthur Hill</HI> E&s;quire, was al&s;o by recognizance, and other good &s;ecurities, to pay then pre&s;ently unto your Petitioners &s;aid wife, for the u&s;e of your Petitioner 4540 l. <HI>Ster.</HI> and more, which your Petitioner had appointed to pay to others, in Redemption of his E&s;tate, then in Morgage for &s;o much money, then to be al&s;o paid; but upon the &s;aid Ladies petition, without every making your Petitioner a Party, and before that your &s;aid Petitioners wife was &s;erved to make any an&s;wer to the &s;aid Petition, his Lord&s;hip made an Order upon the &s;aid Ladies Pe|tition, that your petitioners wife &s;hould an&s;wer the premi&s;&s;es, and that in the interim, the &s;aid <HI>Arthur Hill</HI> &s;hould &s;tay and retain in his hands of your petitioners money 1200 l. whereawith to pay the &s;aid Lady; and afterwards, the &s;aid Lady the &s;econd time, petitioned the &s;aid Earl, to have the &s;aid 1200 l. out of the &s;aid Ma&s;ter <HI>Hills</HI> hands, and to have your pe|titioners wife re&s;trained from coming over hither to your petitioner. And then albeit, your petitioners wife an&s;wered the &s;aid Ladies petition, and did thereby &s;hew good cau&s;e, why the &s;aid Lady ought not to demand the money, and prayed to be left to the Law; yet the &s;aid Lady &s;o far pre|vailed therein, that &s;he gained the &s;aid money with intere&s;t, and dammages for the time; &s;he cau&s;ed it to be depo&s;ited in the &s;aid Ma&s;ter <HI>Hills</HI> hands
<PB N="80" REF="60">again&s;t all Law, or Equity; and had not &s;ome other provi&s;ion been made for payment of the Morgage money, your petitioners E&s;tate had been under a Forfeiture, and in great danger to be lo&s;t.</P>
<P>All which extrajudiciall proceedings, and grievous oppre&s;&s;ions done unto your petitioner by the &s;aid Earl of <HI>Strafford,</HI> to your petitioners utter overthrow and undoing, and again&s;t the common and ordinary Rules of Iu&s;tice, in His Maje&s;ties Realms of <HI>England</HI> and <HI>Ireland;</HI> he humbly be|&s;eecheth this Honourable A&s;&s;embly, to take into con&s;ideration, and do therein for your petitioners relief, as in your great Wi&s;edoms &s;hall be thought fit: And that becau&s;e your petitioners Witne&s;&s;es are many, and &s;ome Noblemen, and of great quality, the mo&s;t of them in <HI>Ireland,</HI> who&s;e charges your petitioner is not able to bear, to bring per&s;onally be|fore your Lord&s;hips hither, to be examined in the premi&s;&s;es: Therefore to grant unto your petitioner, that a Commi&s;&s;ion may I&s;&s;ue forth to &s;uch fit Commi&s;&s;ioners, to be named by your Lord&s;hips, for taking and return|ing of their Examinations, as in your great Wi&s;doms &s;hall be thought fit; and that &s;uch as are now in Town, may be directed to be pre&s;ently examined; and that your petitioner may have your Lord&s;hips Order and Direction for fearches, withall Secretaries, and other Officers, whom it may concern, for Authentique Copies of &s;uch Records and Writings, as any wayes do concern the premi&s;&s;es: And further, to grant your peti|tioner that priviledge, That he may freely go and come about his bu&s;ine&s;&s;e, without the mole&s;tation and trouble of any.</P>
<CLOSER><SIGNED>And your Petitioner &s;hall pray.</SIGNED></CLOSER>
</FLOATEXT>
<P>But the &s;aid Earl being executed for Trea&s;on, ended Ma&s;ter <HI>Alexanders</HI> Complaint, and &s;o left him, and all others that had petitioned again&s;t him, without remedy or relief.</P>
<P>And lea&s;t Ma&s;ter <HI>Alexander</HI> al&s;o might be thought to have let this mat|ter of his Sentence, re&s;t without que&s;tion, or de&s;ire therein for to be purged, there being an opportunity now given by the &s;itting of this Par|liament, to redre&s;&s;e &s;uch Injuries; he no &s;ooner came home, and returned out of his Travels, but he likewi&s;e pre&s;ented his petition to the Honoura|ble Lords in Parliament, for the review and rever&s;all of this &s;o unju&s;t and erroneous Sentence, the Tenour whereof followeth,</P>
<FLOATEXT LANG="eng" TYPE="petition">
<HEAD>To the Right Honourable, the Lords Spirituall and Temporall, in the upper Hou&s;e of Parliament A&s;&s;embled;</HEAD>
<HEAD TYPE="sub"><HI>The Humble Petition of</HI> Jerome Alexander:</HEAD>
<P>HUmbly &s;hewing, That in <HI>Michaelmas</HI> Terme, in the &s;econd yeer of His Maje&s;ties Reign, your petitioner brought a Cau&s;e to hear|ing, wherein he was Plaintiff, again&s;t one <HI>John Yates,</HI> and others Defend|ants in His Maje&s;ties Court of Star-Chamber; for Perjury, and &s;ubor|dination of Perjury, Imbracery, terrifying of Witne&s;&s;es, and other like foul offences, and mi&s;demeanors, in the &s;aid Bill of Complaint appearing.</P>
<PB N="81" REF="60">
<P>At which hearing the Depo&s;ition of one <HI>John Warren,</HI> taken in the Proceed of that Suite, was read again&s;t the aid <HI>Yates,</HI> to convince him of the terrifying of Witne&s;&s;es onely; and upon reading of another Depo&s;i|tion of one <HI>Robert Warren</HI> Clerk to that point, the Court was &s;atisfied of the guilt of the &s;aid <HI>Yates</HI> of that offence, and thereupon pronounced a &s;entence again&s;t him for the &s;ame.</P>
<P>And as to the other charges of the &s;aid <HI>Bill,</HI> nothing was read or enfor|ced, for the Perjuror being dead before the hearing, though the Perjury and Subordination were fully proved within the Books, yet for that Cau&s;e, did not your Suppliants Coun&s;ell pre&s;&s;e any Te&s;timony to enforce that accu&s;ation of Subordination again&s;t the &s;aid <HI>Yates;</HI> which was indeed the main thing, whereof your petitioner complained in his Bill.</P>
<P>And your petitioner &s;aith, That a &s;entence being pronounced again&s;t the &s;aid <HI>Yates</HI> as afore&s;aid, and the Court then proceeding to other bu&s;i|ne&s;&s;e, your petitioner departed; and afterwards, when the Lords were ri&s;en, while&s;t yet they were in the inner Star-Chamber, the then Lord <HI>Coventry,</HI> Lord-Keeper, was enformed, That in the Paper Copy of the &s;aid <HI>John Warrens</HI> Depo&s;ition, the word, <HI>viz.</HI> (that and did) were &s;tricken out with a Pen, in the &s;aid Copy, and not read in the &s;aid Depo&s;ition at that hearing; which as it was informed, altered the &s;ence of the Depo&s;i|tion, and made it to be po&s;itive and direct, which otherwi&s;e was doubt|full and uncertain: And then, that the &s;aid <HI>Yates</HI> &s;tood convicted but up|on one &s;ingle Te&s;timony; whereupon, the &s;aid <HI>Yates</HI> was in&s;tantly di&s;|charged, and di&s;mi&s;&s;ed with an 130 l. co&s;ts, adwarded again&s;t your petiti|oner, or thereabouts.</P>
<P>This Oblituration of the &s;aid words was ob&s;erved at the hearing of the Cau&s;e, in the hands of one <HI>Henry Nevill,</HI> your petitioners Solicitour in that Court, when he read the Depo&s;ition; but then was not informed to the Court, which had been the proper time, but was omitted of purpo&s;e, as your petitioner conceiveth; That afterwards your petitioner might not enforce any other Te&s;timony, or matter (which he then might, and could have done) &s;ufficient to have convicted the &s;aid <HI>Yates</HI> guilty of the &s;aid offence, and for to have cleered your petitioner from that accu&s;ation, as that a bu&s;ine&s;&s;e might be made of it, to ruine and undo your petitioner, as the &s;equell proved.</P>
<P>And it being ob&s;erved, that the Lord <HI>Coventrey,</HI> late Lord-Keeper, then appeared therein again&s;t your petitioner, he could not afterwards procure his Coun&s;ell further to pre&s;&s;e any thing again&s;t the &s;aid <HI>Yates,</HI> to maintain that Charge, and continue the Sentence again&s;t him pronounced, or that might clear your petitioner from the &s;aid offence and accu&s;ation.</P>
<P>And the &s;ame being called into que&s;tion and examination, albeit your petitioner did thereof &s;ufficiently purge him&s;elf upon his Oath, and other|wi&s;e, and did truely lay the fault, where the blame ought to lie, upon the &s;aid <HI>Henry Nevill,</HI> who was the doer of the Fact; and albeit, nothing was, or oculd be proved, or made to appear again&s;t your petitioner to the con|trary, of that he made to appear, for clearing of him&s;elf; yet the &s;aid <HI>Nevill</HI> being a Member of that Court, and therefore favoured all that might be po&s;&s;ible, the matter was &s;o carried, that in your petitioners ab|&s;ence out of Town about his nece&s;&s;ary affairs, the &s;ame was made the onely proof of his guiltine&s;&s;e, which being endeavoured to be fortified
<PB N="82" REF="61">with &s;everall meer Inferences and Suppo&s;itions, and mi&s;taken Ob&s;ervati|ons from your petitioners countenance, and &s;uppo&s;ed per&s;onall behaviour in the carriage of him&s;elf, pre&s;&s;ed beyond all indifferent interpretation, and the truth it &s;elf; and upon &s;ome other extrajudiciall matter enforced al&s;o again&s;t your petitioner without any ground, and again&s;t the Forms and Rules of the ordinary proceedings of that Court, a conclu&s;ion was drawn from the&s;e fal&s;e premi&s;&s;es, to charge your petitioner with that of|fence; and thus your petitioner was fined to his Matie in 500 l. and 50 l. was adwarded again&s;t your petitioner, to the &s;aid <HI>Nevill</HI> for dammages; and your petitioner was further adjudged, never to u&s;e again his Profe&s;&s;ion and Practice of an Utter-Barri&s;ter at Law, eitehr publikely at the Bar, or pri|vately in his Chamber, and to remain committed to the pri&s;on of the <HI>Fleet:</HI> And before your petitioners enlargement, it was further adjudged, That your petitioner mu&s;t at the Bar of the &s;aid Court, in humble and &s;ubmi&s;&s;ive manner, acknowledge the &s;ame to be his offence (whereof he was innocent) again&s;t God and the Court, and to &s;hew him&s;elf very pe|nitent and &s;orrowfull for the &s;ame; and withall, was left and declared to the Society of <HI>Lincolns-Inne,</HI> whereof he was a Member, as unworthy to live in the Society; who thereupon was expelled the hou&s;e, his Chamber &s;eized and di&s;po&s;ed of: And thus in an in&s;tant of time, your petitioner was made more mi&s;erable, then if he had never been born.</P>
<P>And all this done (with &s;o high a hand) that by this means your petiti|oner might be utterly deprived of all &s;upport, and di&s;abled ever to look up into the World again, either to &s;eek for help or relief, again&s;T this ex|tremity, or to maintain him&s;elf and Family, by any cour&s;e of life, to which he had been bred. Which when your petitioner under&s;tood, and not before, he was enforced then to leave his Countrey, his Wife, Children, Friends, and Profe&s;&s;ion too, which he had acquired with the expence of his whole Patrimony, and the whole Study of his life then before.</P>
<P>Nor had your petitioner (being thus exiled) &s;etled him&s;elf for any long time; but the malice of his adver&s;aries &s;o vehemently pur&s;ued after him, That the &s;aid Fine was begged of His Maje&s;ty, and pa&s;&s;ed under the Great Seal, to hinder any po&s;&s;ible In&s;tallments or Compo&s;ition for the &s;ame, but what they Grantee thereof plea&s;ed.</P>
<P>And further, to fore&s;tall your petitioner by any addre&s;&s;es to be made to His Sacred Maje&s;ty, for pardon of the re&s;idue of the &s;aid Cen&s;ure, it be|ing the onely way then left unto your petitioner (till this happy opportu|nity) to gain your petitioner &s;o much as a Being in the World, His Ma|je&s;ty being &s;o &s;trongely informed by the late Lord <HI>Coventry,</HI> Lord-Keeper, and others, again&s;t your petitioner, for this onely Cau&s;e inforced to be &s;o Capitall, That your petitioner was not a man worthy, or fit for His Maje&s;ties Mercy; yet your petitioners Friends, out of meer Charity and Commi&s;eration of your petitioners deplorable E&s;tate, di&s;charged the &s;aid Fine of 500 l. to the Grantee, and the &s;aid 50 l. to the &s;aid <HI>Nevill,</HI> and the &s;aid 130 l. to the &s;aid <HI>Yates;</HI> and yet your petitioner for this fifteen yeers now la&s;t pa&s;t, or thereabouts, hath thus been debarred the u&s;e of his Calling and Profe&s;&s;ion in this His Maje&s;ties Realm.</P>
<P>And now humbly be&s;eecheth this Honourable A&s;&s;embly, to take the &s;ame Sentence into con&s;ideration, and to review and rever&s;e the &s;ame, and
<PB N="83" REF="61">to proceed therein for your Petitioners relief, as in your Wi&s;doms &s;hall be thought fit, with order and direction to all Officers, and others, whom it may concern, to have Searches and Copies of all &s;uch Records and Writings, as concern the&s;e proceedings.</P>
<CLOSER><SIGNED><HI>And he &s;hall pray,</HI> &amp;c.</SIGNED></CLOSER>
</FLOATEXT>
<P>Which being &s;o preferred, it was by their Lord&s;hips Order of the 12. of <HI>May,</HI> 1641. And of &s;everall other Orders made by their Lord|&s;hips, referred to the Lords Committees, appointed for the Star-Cham|ber, to be heard, as the &s;ame Order, and the re&s;t, ready to be produced, will make appear.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATE>Die Mercurii, 12. Maii. 1641.</DATE></OPENER>
<P>IT is this Day Ordered by the Lords Spirituall and Temporall, in the High Court of Parliament A&s;&s;embled, That the Petition and Cau&s;e of <HI>Jerome Alex|ander,</HI> E&s;quire, &s;hall (by vertue of this Order) be referred to the Lords Commit|tees, appointed for the Star-Chamber, who&s;e Lord&s;hips are to meet and con&s;ider of the &s;aid Petition on Munday the <HI>17.</HI> of this in&s;Tant <HI>May,</HI> by two of the Clock in the Afternoon in the Painted Chamber: And all Parties formerly appointed to attend the &s;aid Cau&s;e are then to appear before their Lord&s;hips.</P>
<CLOSER><SIGNED>Joh. Brown, Cler. Parliamentorum.</SIGNED></CLOSER>
</FLOATEXT>
<P>Then that it may appear with what earne&s;tne&s;&s;e Ma&s;ter <HI>Alexander</HI> pre&s;|&s;ed the hearing of this Cau&s;e, and to make all prepration for it, having formerly lo&s;t all his Papers and Copies of Bills, An&s;wers, Depo&s;itions, and proceedings in that bu&s;ine&s;&s;e: By the favour of the Honourable Lords, he al&s;o gained the en&s;uing Order, and by that, had the favour to procure the &s;ame with more &s;peed: But for all that, the &s;aid pleadings and proceedings, co&s;t him much money.</P>
<FLOATEXT LANG="eng" TYPE="order">
<P><HI>IErome Alexander</HI> hath Petitioned the HOu&s;e, to review and rever&s;e a Sen|tence given again&s;t him in the Court of Star-Chamber in <HI>Michaelmas</HI> Terme, in the &s;econd yeer of the King; all his Witne&s;&s;es concerning that bu&s;ine&s;&s;e are ca&s;ually lo&s;t, Prayes the Order of the Hou&s;e, to all Officers whom it may concern, to make &s;earches, and to take Copies of all Records, and Writings in their &s;eve|rall Offices, &s;uch as he &s;hall think &s;it: And that for the rea&s;on afore&s;aid, That he may have liberty to write them him&s;elf, without paying any Fees. And that Ma&s;ter <HI>Henry Jones,</HI> one of the Atturneys of the Star-Chamber, be required to bring into Court, the Paper Copy of one <HI>John Warrens</HI> Depo&s;ition, taken in a Cau&s;e there, wherein the &s;aid <HI>Alexander</HI> was Plantiff again&s;t one <HI>John Yates,</HI> and others Defendants, which is remaining in his hands, and to depo&s;ite the &s;ame 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 &s;aid <HI>Alexanders</HI> Coun&s;ell may have a &s;ight of it, the better to prepare for the hearing.</P>
<P>All which being read and con&s;idered of by the Right Honourable the Lords Committees for the Star-chamber, their Lor&s;hips do appreve thereof, and Order accordingly.</P>
<CLOSER><DATE><HI>Veneris, 5. Martii. 1640.</HI></DATE>
<SIGNED>Joh. Brown, Cler. Parl.</SIGNED></CLOSER>
</FLOATEXT>
<PB N="82" REF="62">
<GAP DESC="duplicate" RESP="OXF" EXTENT="1 page">
<PB N="83" REF="62">
<GAP DESC="duplicate" RESP="OXF" EXTENT="1 page">
<PB N="84" REF="63">
<P>But the great and publique Affairs of the Kingdom encrea&s;ing and growing every day more and more; albeit, Ma&s;ter <HI>Alexander</HI> did labour all the wayes, and friends he had, for to have gotten his &s;aid Cau&s;e to have been heard, yet could not procure it: So that after almo&s;t a yeers attend|ance about it, with no effect, he was enforced to forbear the further &s;oli|citation of it for a time, and made his repair over unto his E&s;tate and Fa|mily in <HI>Ireland,</HI> from which he had been ab&s;ent above four yeers and a half before, con&s;trained by the Earl of <HI>Strafford</HI> as afore&s;aid, where he had not continued above five weeks &s;pace, or little more, but thta horrid Rebellion there brake forth, Ma&s;ter <HI>Alexander</HI> being then in the County of <HI>Meath,</HI> not aboe 24. Miles di&s;tant from the City of <HI>Dublin</HI> or there|abouts, and within the <HI>Pale,</HI> little &s;ul&s;pecting any &s;uch danger; and whereas the Tragedy &s;hould have been acted at <HI>Dublin</HI> the 23. of <HI>October,</HI> 1641. Which ble&s;&s;ed be that good God, which &s;o miraculou&s;ly prevented it, upon the 24. day of <HI>October,</HI> 1641. There was an attempt made upon Ma&s;ter <HI>Alexander,</HI> to have &s;urpri&s;ed him, his wife, and family, which had a&s;&s;uredly been his de&s;truction, and was the immediate finger of God that pre&s;erved them: And albeit, he e&s;caped with his wife and family, the mo&s;t of them with their per&s;ons; yet did the &s;aid Rebels, both there, and in other places of that Kingdom, then in&s;tantly &s;eize upon a per&s;onall E&s;tate of his in Goods, Chattels, and Cattells, to the value of 6000 l. or thereabouts, and po&s;&s;e&s;&s;ed them&s;elves of a reall E&s;tate of his in Lands, which yeelded him above 1000 l. <HI>per anaum,</HI> all which they &s;hared and devided among&s;t them, and do po&s;&s;e&s;&s;e to this day.</P>
<P>Thus then you may perceive into what &s;ad a condition and di&s;tre&s;&s;e Ma&s;ter <HI>Alexander</HI> was brought again upon a &s;udden, being di&s;poiled of his whole E&s;tate and Fortune; and by rea&s;on of the troubles, both here and there, out of all hope or expectation any way to acquire any lively|hood, and &s;ub&s;i&s;tance for him&s;elf, his wife, children, and family; yet in this great &s;traight, cho&s;e rather to come for <HI>England,</HI> then to remain there, where he perceived he could neither do good for him&s;elf, or the Coun|trey; and being come over, that good God who hath hitherto never for|&s;aken him in his greate&s;t troubles, did &s;o move the hearts of his friends, and acquaintance, that they gave pre&s;ent &s;upply unto his nece&s;&s;ities, be|yond what&s;oever he did imagine, or could expect: And now if he would have remained with them in the Countrey, might have had a competent provi&s;ion made for him and his family, by his friends; which to have embraced, he &s;hould have lived much more free and &s;afe from danger, then he hath done &s;ince; but he was per&s;waded by &s;ome of the worthy Mem|bers of the Hou&s;e of Commons now decea&s;ed, rather to &s;ettle here in this City of <HI>London,</HI> to whom they privately engaged them&s;elves, in &s;uch ca&s;e, that he &s;hould not want for &s;ufficient maintenance, and re&s;ting thereupon &s;tayed, and hath now for this three yeers &s;pace, and more, continued here; and with his utmo&s;t diligence and abilities, faithfully, and con&s;tantly, hath &s;erved the Parliament in &s;uch commands as they have been plea&s;ed to enjoyn him; and of which, he doubteth not, but all tho&s;e with whom he hath had to do, but will give te&s;timony of his carriage, and the good demeanour of him&s;elf therein, accordingly; yet &s;uch hath been his unhappine&s;&s;e, &s;till to meet with per&s;ons ill affected to his pro|ceedings, and maligning him, even in tho&s;e &s;ervices which hath no way
<PB N="85" REF="63">con&s;cerned his particular; but for his promoting the publike, with more zeal and candour then &s;ufficient (for he calleth God to Witne&s;&s;e) that to the be&s;t of his under&s;tanding, he hath not done anything to the prejudice of the Parliament in the lea&s;t, or with any by-end or &s;ini&s;ter re&s;pect for his own private, but with &s;inglene&s;&s;e of heart, and a good con&s;cience to this day, hath laboured to approve him&s;elf ju&s;t and fair in all his pro|ceedings, both before God and man; and he cannot help it, if tho&s;e that have &s;ought them&s;elves, and peradventure, have mi&s;&s;ed their ends by his more watchfulne&s;&s;e in tho&s;e wayes, and things, wherewith he hath been intru&s;ted: If &s;ome &s;uch as the&s;e men, have a&s;per&s;ed him behinde his back, for his labour, with falfe and &s;candalous reports, and otherwife have at|tempted, for to de&s;troy and ruine him, which he &s;hall let you &s;ee have therefore done it, not that if they could herein have accompli&s;hed their de&s;ires, it could any wayes have advantaged the common cau&s;e, but onely to have removed an impediment out of their way, which was too quick &s;ighted perhaps, to let tho&s;e things pa&s;&s;e un&s;een and undi&s;covered: And therefore no &s;ooner was he ob&s;erved to be imployed in any thing, that was Parliamentary, but the malice of his enemies began afre&s;h to di&s;play it &s;elf; and now they laboured with all tho&s;e with whom he had to do, to po&s;&s;e&s;&s;e them with an evill opinion of him; &s;ometimes affirming, that he was a Papi&s;t, and held corre&s;pondence with Papi&s;ts, intimating the Earl of <HI>Arundel</HI> to the &s;uch a one; and alleadging, that Ma&s;ter <HI>Alexander</HI> held continuall Intelligences with him beyond the Seas, and with his Son in the Kings quarters: And albeit, Ma&s;ter <HI>Alexander</HI> conceives his Lord|&s;hip, and Son, not to be of that Religion; and that it had been no offence to have written unto his Lord&s;hip, the &s;aid Earl, or any attending upon him, of &s;uch things as were no wayes prejudiciall unto the State: And albeit, you may well perceive, by that which hath been &s;aid before, That Ma&s;ter <HI>Alexander</HI> and his Friends, and Kinred on both &s;ides, have had Relation to that Noble Familie, and dependance upon them for &s;ome Ge|nerations; and that he hath in his own particular, been imployed in his Lord&s;hips bufine&s;&s;e, and to have received many favours from him, and di&s;a&s;ters for his occa&s;ions; and therefore, that it were an Act of ingrati|tude in Ma&s;ter <HI>Alexander,</HI> not to &s;erve his Lord&s;hip and Family, in all law|full and ju&s;t Commands; yet was it a thing never &s;o much as de&s;ired by them, or any about them, to imploy him in any thing concerning their Affairs, &s;ince the unhappy troubles here begun, nor hath he ever received Letter from them, nor written Letter to them, nor any about them, &s;ince they left the Parliament; either into parts beyond the Seas, or into the Kings quarters: Ma&s;ter <HI>Alexander</HI> being well under&s;tood to be of another judgement, which he hopeth he hath manife&s;ted by his conver&s;ation, and endeavours in the Service of the Parliament: he hath otherwi&s;e been taxed to have held corre&s;pondence with Rebels in <HI>Ireland,</HI> (and under that Ge|nerall) &s;ome have defamed him behinde his back, to have held corre&s;pon|dence with the Marque&s;&s;e of <HI>Ormond,</HI> and that he &s;ent him a 1000 l. which all that knows Ma&s;ter <HI>Alexander,</HI> as it is now with him, he was farre unable to do: And Ma&s;ter <HI>Alexander</HI> hath been committed into cu&s;tody of the Serjeant at Arms, of the Hou&s;e of Commons, as by the Order following may appear.</P>
<FLOATEXT LANG="eng" TYPE="order">
<PB N="86" REF="64">
<OPENER><DATE>Die Mercurii, 18. Octob. 1643.</DATE></OPENER>
<P>IT is this day Ordered by the Commons in Parliament A&s;&s;embled, That the Moneys con&s;igned to the Lord Marque&s;&s;e of <HI>Ormond</HI> into <HI>Ireland,</HI> be &s;taid and brought back again; Ma&s;ter <HI>Reynolds</HI> and Ma&s;ter <HI>Goodwyn</HI> are to take care of this bu&s;ine&s;&s;e; Ordered, That Ma&s;ter <HI>Alexander</HI> be &s;ent for in &s;afe cu&s;tody by the Serjeant at Arms or his Deputie, and forthwith brought to the &s;aid Com|mons to an&s;wer &s;uch matters as have been, or &s;hall be objected again&s;t him.</P>
<CLOSER><SIGNED>Hen. El&s;ynge, Cler. Parl. D. Com.</SIGNED></CLOSER>
</FLOATEXT>
<P>By force whereof, Ma&s;ter <HI>Alexander</HI> was not long after taken into cu&s;tody by the &s;aid Serjeant at Arms, and &s;ome of tho&s;e that wi&s;hed Ma&s;ter <HI>Alexander</HI> no better then the re&s;t, did earne&s;tly pre&s;&s;e then to have had his Hou&s;e, Studdy, Trunkcs, Papers, and all &s;trictly &s;earched, ran|&s;acked and peru&s;ed, upon this bare &s;uppo&s;ition; and he hath heard Ma&s;ter <HI>Richard Fitz-Gerrald</HI> was of the &s;ame opinion, which was then notwith|&s;tanding forborne, by the di&s;creet carriage of tho&s;e that better under|&s;tood Ma&s;ter <HI>Alexander,</HI> and his carriage, then Ma&s;ter <HI>Fitz-Gerrald:</HI> But that you may more cleerly under&s;tand the demeanour of Ma&s;ter <HI>Alexander</HI> in this matter, concerning this 1000 l. charged by him, to have been &s;ent to the Marque&s;&s;e of <HI>Ormond;</HI> will you be plea&s;ed to con&s;ider it in the order following.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE><DATE>Die Iovis, 19. Octobris, 1643.</DATE> Grocers Hall.</DATELINE> <HI>At a Committee of Adventurers for the Affairs of</HI> Ireland, <HI>pre&s;ent.</HI>
<SIGNED><LIST>
<ITEM><HI>Sir</HI> David Watkins,</ITEM>
<ITEM><HI>Alderman</HI> Kenrick,</ITEM>
<ITEM><HI>Ma&s;ter</HI> Avery,</ITEM>
<ITEM><HI>Ma&s;ter</HI> Feather&s;ton,</ITEM>
<ITEM><HI>Ma&s;ter</HI> Strange,</ITEM>
<ITEM><HI>Ma&s;ter</HI> Dethick.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Laughan.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Moyer.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Houbelon.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Thoma&s;on.</ITEM>
</LIST></SIGNED></OPENER>
<P>VVHereas at a Committee of the Hou&s;e of <HI>Commons</HI> and Adventurers in <HI>London,</HI> for <HI>Iri&s;h</HI> Affairs holden at <HI>Grocers</HI> Hall, the fir&s;t day of <HI>Augu&s;t,</HI> after a &s;olemn debate and treaty with Ma&s;ter <HI>Abraham</HI> and <HI>Thomas Chamberlin</HI> of the Citie of <HI>London,</HI> Merchants, and Sir <HI>John Clotworthy,</HI> Ma&s;ter <HI>Avery,</HI> Ma&s;ter <HI>Moyer,</HI> Ma&s;ter <HI>Dethick,</HI> Ma&s;ter <HI>Cook,</HI> Ma&s;ter <HI>Herring,</HI> Ma&s;ter <HI>Thoma&s;on,</HI> Ma&s;ter <HI>Houbelon,</HI> all being of the &s;aid Committee then, and there pre&s;ent, that the &s;aid Merchants &s;hould give three Bills of Exchange for eight hundred pounds, charged upon Raphaell Hunt of <HI>Dublin</HI> Merchant, their Agent, at two dayes after &s;ight, unto Sir <HI>Adam Loftus</HI> Knight, Trea&s;urer at Wars of the &s;aid Realm; and then it was ordered, That the Trea&s;urers appointed for receiving of Moneys upon Sub&s;criptions for Lands in <HI>Ireland,</HI> according to an Ordinance of <HI>Parliament,</HI> the <HI>14.</HI> of <HI>July</HI> la&s;t, &s;hould take care, not onely to &s;ee unto the tran&s;portation of the &s;aid Bills of Exchange unto <HI>Dublin</HI> according|ly, but al&s;o to pay unto the &s;aid <HI>Abraham</HI> and <HI>Thomas Chamberlin,</HI> the &s;aid &s;um of eight hundred pounds within &s;ix moneths, after certain notice &s;hould be
<PB N="87" REF="64">given to the &s;aid Committee of the payment of the &s;aid Money there in <HI>Dublin</HI> as afore&s;aid: And whereas &s;everall other Bills of Exchange were made by, and in the names of <HI>George Peacock, Francis Roe,</HI> and <HI>Richard Chapman,</HI> to be paid by the &s;aid Trea&s;urers at <HI>Grocers</HI> Hall, or to their A&s;signs, <HI>viz.</HI> That of <HI>Peacocks,</HI> for payment of fifty pounds; and that of <HI>Roes,</HI> for payment of one hundred pounds; and that of <HI>Chapmans,</HI> for payment of &s;eventy pounds, two of them bearing date the &s;eventh of <HI>Augu&s;t, 1643.</HI> and the other the fifth of <HI>July;</HI> All which &s;ums la&s;t mentioned, were al&s;o directed to be paid to the &s;aid Sir <HI>Adam Loftus,</HI> and were accepted by the &s;aid Committee for &s;o much money, &s;ub&s;cribed upon the &s;aid Ordinance of the <HI>14.</HI> of <HI>July</HI> afore&s;aid, in ca&s;e the &s;aid Moneys &s;hould be punctually paid: All which being then ordered and agreed upon by the &s;aid Committee to be &s;ent to <HI>Dublin;</HI> The &s;aid order by the negligence of the Clerk, was omitted to be entred at large in the Book of Orders at the &s;aid Commit|tee, and yet the &s;aid Bills were &s;ent to <HI>Dublin</HI> accordingly, by direction of the Trea&s;urers of the <HI>14.</HI> of <HI>July</HI> afore&s;aid, by <HI>Jerome Alexander</HI> E&s;quire, their Sub-Trea&s;urer, who was directed to &s;end the &s;ame to the Marque&s;&s;e of <HI>Ormond,</HI> by him to be delivered to the &s;Aid Sir <HI>Adam Loftus</HI> to be di&s;po&s;ed of, as he &s;hould think fit, for the &s;ervice of the Army.</P>
<P>Now fora&s;much as upon &s;earch of the Book of Orders afore&s;aid, we finde this omitted to be Recorded, as it ought to have been: We therefore of the &s;aid Commit|tee now pre&s;ent, being well &s;atisfied of the truth hereof, have ordered and directed this matter now to be entred and regi&s;tred in the Book of Orders of this Committee; for manife&s;tation of the truth hereof, That all Parties herein concerned, may for the time to come, finde an Atte&s;tation of this matter for their &s;atisfaction and di&s;charge, of what hath &s;everally been done, or is hereafter to be performed, for, and concerning to the &s;ame.</P>
<CLOSER><SIGNED><HI>Richard Deacon,</HI> Clerk to the &s;aid Committee.</SIGNED></CLOSER>
</FLOATEXT>
<P>Which matter being afterwards examined by a Committee of the Ho|nourable Hou&s;e of Commons, made <HI>Die Lunae,</HI> 23. <HI>Octob.</HI> 1643. where Ma&s;ter <HI>Li&s;le</HI> had the Chair, and Ma&s;ter <HI>Alexanders</HI> innocence and clearne&s;&s;e, appearing unto the &s;aid Honourable Hou&s;e of Commons, that Ma&s;ter <HI>Alexander</HI> had done nothing therein but what he was commanded by the &s;aid Committee and Trea&s;urers of <HI>Grocers</HI> Hall, and what was agreed and re&s;olved upon, when Sir <HI>John Clotworthy</HI> Knight, one of their Members was pre&s;ent, he was thereupon di&s;charged, as appears by the Order made by the Honourable Hou&s;es of Commons upon that report.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATE>Die Iovis, 26. Octob. 1643.</DATE></OPENER>
<P>VPon the report frem the Committee of Adventurers for <HI>Ireland</HI> of <HI>London,</HI> concerning Ma&s;ter <HI>Jerome Alexander,</HI> affirming, that what M. <HI>Jerome Alexander</HI> did in the conveying of the Moneys to the Marque&s;&s;e of <HI>Ormond,</HI> he did by directions of that Committee, and in pur&s;uance of an Order made by them. It is this day Ordered by the Commons Hou&s;e of <HI>Parliament,</HI> That the &s;aid Ma&s;ter <HI>Jerome Alexander</HI> be forthwith di&s;charged from any further Re&s;traint.</P>
<CLOSER><SIGNED>Hen. El&s;ynge, Cler. Parl. D. Com.</SIGNED></CLOSER>
</FLOATEXT>
<P>But no &s;ooner was Ma&s;ter <HI>Alexander</HI> delivered, and out of re&s;traint,<NOTE PLACE="marg">Nehemiah 10, 11, 12, 13, 14.</NOTE> but pre&s;ently again, to terrifie and affright him, thinking thereby to make him
<PB N="88" REF="65">leave and for&s;ake this City, if to have been afraid of his own &s;haddow; it was declared unto him, That he was accu&s;ed &s;trongly by &s;ome at a pri|vate meeting, for doing ill offices between the Parliament and City of <HI>London,</HI> wherein he was charged to have done that which he could but an&s;wer with his life; and that he was al&s;o voted by a Committee, for to be again committed to the Serjeant at Arms of the Hou&s;e of Commons, which was &s;o ordered as it was related; and if the Serjeant at Arms would have adentured to have taken Ma&s;ter <HI>Alexander</HI> into cu&s;tody again, upon an Order made by tho&s;e who had no power of commitment, he had been certainly impri&s;oned the &s;econd time, and upon like ground as before; but when the mi&s;take was better under&s;tood, or at lea&s;t the end thereof failing, and being di&s;appointed, and Ma&s;ter <HI>Alexander</HI> therefore walking &s;till at large, the further pur&s;uite of that Order cea&s;ed: But not long afterwards a new device was &s;et on foot again for to inthrall him: And thus it was, Ma&s;ter <HI>Alexanders</HI> wife having borrowed &s;ome Hou&s;hold-&s;tuff of one of her Kin&s;women, here in Town, wherewith to furni&s;h him a hou&s;e, was con&s;trained to bring the &s;ame into her hou&s;e when &s;he could have it, in the Winter time, about &s;ix a clock in the morning, and &s;ix at night, which was colour enough to pick a quarrell at this proceeding, and to give out, That the&s;e Goods were belonging to Malignants, and that there was much Plate among&s;t them of great value: Under which pretence and &s;uppo&s;i|tion, or for &s;ome other prerence, one day when Ma&s;t. <HI>Alexander</HI> was known to be ab&s;ent from home, one Ma&s;ter <HI>Maurice Gethin,</HI> and Ma&s;ter <HI>Tempa&s;t Milner,</HI> Citizens of <HI>London,</HI> were dealt withall by &s;ome of Ma&s;ter <HI>Alex|anders</HI> enemies, by colour of an Ordinance which they had obtained of the 16. of <HI>October,</HI> 1643. to &s;eize upon (Papi&s;ts, Delinquents, or Malig|nants E&s;tates, &s;eizable) to come to the hou&s;e where Ma&s;ter <HI>Alexander</HI> was lodged in <HI>Loathbury</HI> in <HI>London,</HI> and to enter the &s;ame, and under pretence to &s;earch for &s;uch Goods of Deliquents, Papi&s;ts, and Malignants, to &s;eize and po&s;&s;e&s;&s;e all Ma&s;ter <HI>Alexanders</HI> Papers, and Writings what&s;oever, which they could finde: And the &s;aid Ma&s;ter <HI>Gethin,</HI> and Ma&s;ter <HI>Milner,</HI> with ten Per&s;ons more at the lea&s;t in their Company, and whom they had hired for that purpo&s;e, on or about the of 1643. having watched their opportunity, when Ma&s;ter <HI>Alexander</HI> was from home as afore&s;aid, they forcibly entered into his hou&s;e, and &s;et a &s;trict watch and ward round about it, not &s;uffering any body to go in or out, till they had effected what they came for; they al&s;o in an in&s;tant entered &s;everally into every Room of the hou&s;e at once, there being none of his Family within doors, when they came in, but Ma&s;ter <HI>Alexanders</HI> wife, whom they thus very much ter|rified and affrighted: And albeit, &s;he de&s;ired to &s;ee by what Warrant they did it, telling them they were mi&s;taken, and that her husband was no &s;uch man, as to have his hou&s;e entered after that manner, for a Papi&s;t, Malig|nant, or Delin quent; yet would they not &s;hew her by what authority they &s;o came thither: but with &s;uch In&s;truments as they brought with them, forced, and broke open Ma&s;ter <HI>Alexanders</HI> Studdy doors, Desks, Che&s;ts, Truncks, and Cabinets, in the &s;everall Rooms at one time, and &s;earched and ran&s;acked all of them, and every Room and corner of the hou&s;e; Inven|toried all his Goods, and &s;eized upon every writing, and peece of Paper, that they found in the hou&s;e, bound them up, and carried them out of his hou&s;e, towards, <HI>Cambden</HI> hou&s;e; and as they were carrying away, Ma&s;ter
<PB N="89" REF="65"><HI>Alexander</HI> by chance coming home, met the &s;ame upon a Porters back; and all the favour he could obtain at their hands, was to go along with them unto <HI>Cambden</HI> Hou&s;e, where they were laid up untill they were viewed and &s;een by them, the &s;aid Mr. <HI>Milner</HI> and Mr. <HI>Gethin,</HI> and much ado Mr. <HI>Alexander</HI> had at fir&s;t to per&s;wade &s;o much favour, as to have them viewed over in his pre&s;ence, and it was a good time before he could prevail with them unto that, &s;aying that it might be others might have the &s;ight of them the fir&s;t, and they did take advi&s;e a&s;&s;uredly of their &s;etters on, before they would be drawn to view them; and after they had viewed and peru&s;ed them, and found nothing that an&s;wered their expectation, Ma&s;t. <HI>Alexander</HI> had his writings delivered him back again with much ado, and was inforced to cleer the property of his goods by oath; and if it had not been his good fortune &s;o opportunely, for to have met with the Porter carrying them a|way, ad they were going out of his hou&s;e, he is certainly per&s;waded they had been all carried to the uttere&s;t enemies which he had; which he had not cared for, (if &s;o they had not delivered back more then were taken from him) and &s;o po&s;&s;ibly might have made &s;omething of nothing: And albeit Ma&s;ter <HI>Alexander</HI> de&s;ired from them, to &s;ee by what power he was thus u&s;ed, or abu&s;ed rather, they told him they had a Warrant by Ordi|nance of Parliament to do it, but &s;hewed him none; to which he &s;ubmit|ted, notwith&s;tanding upon their words; and thus Ma&s;ter <HI>Alexander</HI> had his Goods, rifled and &s;poiled, and &s;ome of them lo&s;t and imbezelled, and what Papers, or other things among&s;t &s;o many as they po&s;&s;e&s;&s;ed, are kept back from him, it is not po&s;&s;ible for him to mi&s;&s;e at pre&s;ent. That the Earl of <HI>Strafford</HI> him&s;elf never delt wor&s;e with any man in this nature; thus to force, and break open all his doors, Truncks, Locks, <HI>&amp;c.</HI> without &s;o much as ever &s;peaking with him before hand, and well knowing Ma&s;ter <HI>Alexander</HI> to be a man well affected to the Parliament, and imployed daily in their &s;ervice; and this done without any authority at all: For their &s;aid Ordi|nance, though it be of a very large extent, yet it extends no further, but that they the &s;aid Ma&s;ter <HI>Gethin, &amp;c.</HI> or any one of them a&s;&s;i&s;ted with one of the Committee of Seque&s;trations, &s;hall have power and authority to procure to be inventoried and &s;ecured to be forth coming, any Money, Plate, Jewels, Goods, Chattels, and per&s;onal E&s;tate, in the Cu&s;tody of, or to any Papi&s;ts, Delinquents, or Malignants, who&s;e E&s;tates are &s;eizable, <HI>&amp;c.</HI> And Ma&s;ter <HI>Alexander</HI> was not in the compa&s;&s;e of this power; was yet never Papi&s;t, Delinquent, or Malignant; how&s;oever he doth not under|&s;tand, 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 withall; and when he de&s;ired from them, but to be in|formed who were their &s;etters on; their an&s;wers were (that if they had not done it, others would) who&s;e names they would not di&s;cover for a 100 l. all which al&s;o, he hath hitherto indured with patience.</P>
<P>And it was not long after, that becau&s;e he was &s;o much favoured of &s;ome of his friends, in commi&s;eration to him, having lo&s;t his whole e&s;tate by the Rebellion in <HI>Ireland.</HI> That he had his dwelling given him there in a manner <HI>gratis,</HI> that upon an in&s;tant, he was inforced to remove and leave the place, to &s;atisfie the de&s;ires to &s;ome that thought it too much charity for him to enjoy &s;uch relief, when others that have le&s;&s;e need, want it not, and enjoy what their hearts can wi&s;h.</P>
<P>All this not yet working that effect, &s;o eagerly pur&s;ued after to de&s;troy
<PB N="90" REF="66">him, and it being under&s;tood that Mr. <HI>Alexander</HI> had obtained the favour and good opinion of many worthy Lords, and others of the Scoti&s;h Na|tion; And it being feared by his Pur&s;uers lea&s;t it might turn to &s;ome im|ployment, or other matter, which might advance him further in their e&s;ti|mation; therefore &s;candalized and traduced him to them behinde his back, and laboured to be made as odious, as if he were a mon&s;ter, and a man not worthy of their acquaintance; in&s;omuch, that it could not be withholden to be told &s;ome of them, that matters of their publike Affairs did receive prejudice by him, and would not receive di&s;patch, untill re|venge had been had of that Knave <HI>Alexander,</HI> giving him that Livery, and u&s;ing that expre&s;&s;ion of him, which he hath pa&s;&s;ed by in &s;ilence too, among&s;t the re&s;t.</P>
<P>But malice hath no end, but in the ruine of its object, or of it &s;elf, he hath e&s;capt our fingers, &s;ayes &s;ome afterwards, twice already, but if he doth it the third time, he &s;hall have good luck, and then again was con|vented upon the &s;uppo&s;ition of high contempts, which ended in &s;moak. and vani&s;hed; a threatned man lives long: And thus when the innocent are mini&s;hed, and brought low, &s;aith the Prophet <HI>David,</HI> through oppre&s;|&s;ion, through any plague or trouble, though God &s;uffers them to be evilly entreated through Tyrants, and let them wander out of the way in the Wilderne&s;&s;e; yet helpeth he the poor out of mi&s;ery, and maketh him Hou&s;holds like a Flock of Sheep; the righteous &s;hall con&s;ider this and re|joyce, and the mouth of all wickedne&s;&s;e &s;hall be &s;topped; who &s;o is wi&s;e will ponder the&s;e things, and they &s;hall under&s;tand the loving kindene&s;&s;e of the Lord, <HI>P&s;al.</HI> 107. 39, 40, 41, 42, 43.</P>
<P>But this yet re&s;ted not here; he mu&s;t be exa&s;perated and provoked fur|ther to impatience, to gain advantages if po&s;&s;ible again&s;t him, whereby to enthrall and trouble him; and having a publike imployment to attend, he is there reviled with uncivill and approbrious &s;peeches, and hath the lie given him, but for telling the truth, and was termed a ba&s;e Fellow to his face, of him that was &s;o indeed, (and by a per&s;on of far inferiour rank and quality to him him&s;elf) and all to have &s;tirred him up to that which hath been heretofore accompted the reward of &s;uch fowl language; nay he had his Desk with all his Money and Papers in it, in his ab&s;ence taken out of the Office where he waited, without any cau&s;e or provocation given; but the intent was the &s;ame of Mr. <HI>Milners,</HI> and Mr. <HI>Gethins,</HI> thinking to have made mighty di&s;coveries of Corre&s;pondencies holden with per&s;ons ill affected to the Parliament; and do you not think that &s;uch a burnt childe as this, hath need to dread the fire; to be very wary and watchfull over his wayes: But to proceed, When all the&s;e things would not &s;erve the turn, nor any other a&s;per&s;ions unju&s;tly ca&s;t upon him, almo&s;t every day at pub|like and private meetings in Parliament, in the City, and every where, to make him odious, not onely to his friends and acquaintance, but to all good men that &s;hould come but to hear of him, then <HI>(Canis ad vemisum)</HI> this old cen&s;ure is again revived to blanch him now in the opinion of tho&s;e with whom he had to do, both in publike bu&s;ine&s;&s;es, and concerning his own particular; and if po&s;&s;ible thus to bury him alive.</P>
<P>Sir <HI>John Clotworthy</HI> Knight, a Member of the Honourable Hou&s;e of Commons, is without cau&s;e incen&s;ed a gain&s;t Mr. <HI>Alexander,</HI> and labours his ruine by all the wayes and means he can; and now at a publike meet|ing of the Committee for Iri&s;h Affairs in <HI>London,</HI> whereof Mr. <HI>Alexander</HI>
<PB N="91" REF="66">is a Member, the &s;aid Sir <HI>John Clotworthy</HI> &s;peaking contemptuou&s;ly and di&s;|gracefully of Mr. <HI>Alexander</HI> unto many others of the Members of the Committee, uttered the&s;e words and &s;peeches to them, of him, &s;aying, That Mr. <HI>Alexander</HI> was a perjured per&s;on, and that he had been fined for Perjury and Forgery in the Star-Chamber, further &s;aying, That he was unworthy to &s;it among&s;t them, and wondered that they would &s;o much as admit him into their Company; whereupon at the next meeting of the &s;aid Committee at <HI>Grocers</HI> Hall the 18 of <HI>November,</HI> 1643. the &s;aid Committee enformed Mr. <HI>Alexander</HI> thereof, and en|treated him, that he would forbear &s;itting among&s;t them, untill he &s;hould have purged him&s;elf of the &s;aid Accu&s;ations, and withall &s;ent unto Sir <HI>John Clot|worthy,</HI> that he would be plea&s;ed to produce the &s;aid Sentence, by which the truth of his Allegations might appear, or otherwi&s;e they &s;hould have no rea&s;on to out Ma&s;ter <HI>Alexander</HI> of the imployment among&s;t them, and thereupon the &s;aid Committee conceived this Order following.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE><DATE>Die Sabbati, 18. November, 1643.</DATE> At the Committee of Adventurers of the Hou&s;e of Commons, and Adventurers cho&s;en in <HI>London,</HI> for the Affairs of <HI>Ireland.</HI></DATELINE></OPENER>
<P>FOra&s;much as Sir <HI>John Clotworthy</HI> Knight, a Member of the Hou&s;e of Commons, and one of the Members of this Committee hath accu&s;ed Mr. <HI>Jerome Alexander,</HI> one other of the Members of the &s;aid Committee to &s;everall per&s;os of the &s;aid Committee ye&s;ter day at a meeting at <HI>Gold&s;miths</HI> Hall, to be a Perjured per&s;on, for which and for Forgery, he hath been fined in the Star-Chamber, and therefore a thing di&s;honourable to this Committee, to have him any longer to continue among&s;t us; all this matter again&s;t him being but yet alleaged, we have not thought fit, &s;o far to proceed again&s;t him herein, untill we &s;hall be further &s;atisfied of the truth hereof: It is therefore Ordered, That Sir <HI>David Watkins,</HI> and &s;uch others of the Committee, us he &s;hall think fit, be de&s;ired to entreat Sir <HI>John Clotworthy,</HI> that he will be plea&s;ed to produce unto this Com|mittee &s;uch Records, or proof of the&s;e things again&s;t Ma&s;ter <HI>Alexander,</HI> as may &s;atisfie this Com|mittee of the truth of the&s;e Allegations, and then we &s;hall proceed, to do therein as &s;hall be fit: And becau&s;e the&s;e are matters trenching &s;o deeply upon the &s;aid Ma&s;ter <HI>Alexander,</HI> as we conceive his very being depends upon it, we &s;hall forbear to declare any opinion in the matter, but do entreat him in the interim, to forbear &s;itting with us, of Whoe credit and reputation, we &s;hall be very tender for the good &s;ervice he hath done at this Committe.</P>
<CLOSER><SIGNED><HI>Richard Deacon,</HI> Clerk to the &s;aid Committee.</SIGNED></CLOSER>
</FLOATEXT>
<P>Thus you may perceive how violently he was pro&s;ecuted; but the &s;aid Order being accord|ingly delivered unto Sir <HI>Iohn Clothworthy</HI> the Committee for Iri&s;h Affairs at <HI>We&s;tmin&s;ter,</HI> where|of Sir <HI>Iohn Clothworthy</HI> is one, appointed a meeting for tho&s;e Iri&s;h bu&s;ine&s;&s;es at <HI>Gold&s;miths</HI> Hall, whether &s;ome of the &s;aid Committee of Citizens, Adventurers in <HI>London,</HI> for Lands in <HI>Ireland,</HI> of <HI>Grocers</HI> Hall went, directed purpo&s;ely to hear and &s;ee what Sir <HI>Iohn Clotworthy</HI> could pro|duce for making of that Charge good, again&s;t Ma&s;ter <HI>Alexander,</HI> where the Copy of the &s;aid Sentence was then read in their pre&s;ence, and the Fait of the &s;aid pardon, &s;o procured by his Father in law as afore&s;aid, which when tho&s;e of the &s;aid Committee of <HI>Crocers</HI> Hall had heard, and well under&s;tood; they declared their opinions, That there was nothing in that Sentence which did make good any &s;uch charges again&s;t Ma&s;ter <HI>Alexander,</HI> as he had &s;poken of him; yet was it then pre&s;&s;ed, That they would have joyned to have voted out Mr. <HI>Alexander</HI> from &s;itting any longer at <HI>Grocers</HI> Hall, as a Member of that Committee, which they refu&s;ed to do; and afterwards at another meeting of the &s;aid Committee of <HI>Grocers</HI> Hall, they made the Order following.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE><DATE>Die Martis, 28. November, 1643.</DATE> At the Committee of Adventurers of the Hou&s;e of Commons, and Adventurers cho&s;en in <HI>London,</HI> for the Affairs of <HI>Ireland.</HI></DATELINE></OPENER>
<P>VVHereas by the Order of the <HI>18.</HI> of <HI>November</HI> in&s;tant, for the Rea&s;ons therein alledged, we entreated Ma&s;ter <HI>Alexander</HI> (being one of our Members) to forbear &s;itting with us, being then accu&s;ed by Sir <HI>John Clotworthy</HI> Knight, to be a Perjured per&s;on, and that he had been fined for Perjury and Forgery in the Star-Chamber; And whereas the &s;aid Sir <HI>Iohn,</HI> was by us enterated to produce &s;uch Records and proofs of the&s;e things as might &s;atisfie this Committee of
<PB N="92" REF="67">the truth of the&s;e Charges again&s;t him; but in&s;tead of &s;uch proof and Records, the &s;aid Sir <HI>Iohn</HI> and other, &s;itting at <HI>Gold&s;miths</HI> Hall, as a Committee of the Hou&s;e of Commons, for <HI>Iri&s;h</HI> Af|fairs, (where &s;ome of us were then pre&s;ent, as private men) did cau&s;e the Copy of a Sentence given again&s;t Ma&s;ter <HI>Alexander</HI> in His Maje&s;ties Court of Star-Chamber, in <HI>Michaelmas</HI> Terme, in the &s;econd yeer of His Maje&s;ties Reign, for to be produced and read, with the Copy of a pardon of &s;ome part of the Sentence, procured by Ma&s;ter <HI>Alexander</HI> Father in law, in his ab&s;ence in <HI>Ireland,</HI> which Were then moved to &s;atisfie the truth of the former Charges, and further pre&s;&s;ed as a Crime, for which he was unworthy to be of the &s;aid Committee, and pre&s;&s;ed us to have joyned with them to have voted him out, for &s;itting any longer among&s;t us; but having heard the &s;aid Sentence read, we finde no &s;uch thing as Forgery or Perjury in the bu&s;ine&s;&s;e, if the Sentence were ju&s;t; but is for the &s;uppo&s;ed defacing, and blotting out of two words <HI>(that</HI> and <HI>did)</HI> out of Paper Copy of a Depo&s;ition u&s;ed again&s;t one <HI>Yates,</HI> at a hearing wherein Ma&s;ter <HI>Alexander</HI> was Plain|tiff again&s;t the &s;aid <HI>Yates</HI> in that Court: And albeit, we will not take upon us for to judge the &s;aid Sentence, yet we conceive it founded upon very weak grounds, there being neither Bill, Infor|mation, or <HI>ore tenus,</HI> for the manner of the proceeding, nor proof again&s;t Ma&s;ter <HI>Alexander,</HI> to convince him of the Fact, for which he is &s;entenced, and his Oath three &s;everall times &s;worn for his purgation in the very sentence appearing, and many other mi&s;carriages in the Sentence by him al|ledged, which we leave to be judged in his proper place. But for this cau&s;e, and fora much as we do conceive it, not to be in our power, that one Member &s;hould vote out another, being fir&s;t e&s;tabli&s;h|ed by the &s;ame Election of the body of Adventurers with our &s;leves, and &s;etled with us, by the Or|dinances of the Lords and Commons in Parliament, which we conceive not in our power to alter; and becau&s;e we hold it not agreeable to ju&s;tice, that any man &s;hould be condemned before he be fir&s;t heard to an&s;wer for him&s;elf, and the matter be tried, whether it be right or wong. And for|a&s;much as upon the producing of the pardon of the main part of the Sentence, we bold it not agree|able to the Rules of Law, or Religion, That if the Sentence had been ju&s;t, yet that afterwards, the &s;ame thing &s;hould be objected again again&s;t him, as a tran&s;gre&s;&s;ion; upon all which matter, We do for our parts declare, That we have no ju&s;t cau&s;e any longer to re&s;train Ma&s;ter <HI>Alexander</HI> from &s;itting among&s;t us, according to the lawfulne&s;&s;e of his Election, and the rather becau&s;e nothing ap|pears to us to prove him guilty of any tho&s;e heavy Charges, Sir <HI>Iohn Clotworthy</HI> hath laid a|gain&s;t him, nor of any crime or offence What&s;oever, de&s;erving our ill opinions, of who&s;e good de|meanour and great &s;ervice among&s;t us, we are well &s;atisfied; And have therefore Ordered, That the &s;aid Ma&s;ter <HI>Alexander</HI> &s;hall again take his place among&s;t us, and &s;it, and Vote, and Act toge|ther with us as formerly he hath done, any former Orders to the contrary by us made heretofore, in any wi&s;e notwith&s;tanding.</P>
<CLOSER><SIGNED>Richard Deacon, <HI>Clerk to the &s;aid Committee.</HI></SIGNED></CLOSER>
</FLOATEXT>
<P>All this brings to my remembrance, that &s;tory of <HI>Darius</HI> that Great King of the <HI>Medes</HI> and <HI>Per&s;ians,</HI> and the Prophet <HI>Daniel,</HI> who much again&s;t his willingne&s;&s;e, being enforced to ca&s;t the Prophet into the Lions Den, for to &s;atisfie the breach fo that Law, made by his Pre&s;i|dents and Princes, who when they could finde no occa&s;ion or fault again&s;t him, concerning the Kingdom, fora&s;much as he was faithfull, made his Royall Statute and Decree, to catch him in things concerning his God, who crying out, O <HI>Daniel,</HI> &s;ervant of the living God, is thy God whom thou &s;erve&s;t continually, abloe to deliver thee from the Lions? An&s;wered, My God hath &s;ent his Angel, and hath &s;hut the Lions mouthes, that they have not hurt me, fora&s;|much as before him innocency was found in me; and al&s;o before thee O king, have done no hurt, for he delivereth and re&s;erveth, and he worketh &s;igns and wonders in Heaven and in Earth, who hath delivered <HI>Daniel</HI> from the power of the Lions, <HI>Dan.</HI> 6. Ma&s;ter <HI>Alexander</HI> endured this great &s;candall al&s;o with &s;ilence, untill that the Iri&s;h Affairs might be &s;etled, that &s;o he might give no di&s;turbance to the proceedings, with re&s;olution afterwards to &s;eek his remedy; and this failing to work that effect, for which it was intended, the pro&s;ecution &s;ea&s;ed not here, for then he mu&s;t be yet again convented, but for executing of that power given to the Committee of <HI>Grocers</HI> Hall, whereof he was a Member, by the Honourable Committee of both Kingdoms, to do &s;ervice for the State, in finding out, and &s;ending away for <HI>Ireland,</HI> &s;uch Goods as had been bought and paid for &s;ome yeers before, with the Adventures Money and lay here and there in &s;everall Stores and Hou&s;es &s;poiling, which were worth 5000l. or thereabout; and which at la&s;t, the &s;aid Committee &s;ent for <HI>Ireland,</HI> to the Forces in <HI>&V;l&s;ter,</HI> after a great deal of oppo&s;ition. But in the performing of this duty, both Ma&s;ter <HI>Alexander,</HI> and all the re&s;t of the Committee at <HI>Grocers</HI> Hall, have been accu&s;ed to the Honourable Hou&s;e of Commons, for to have di&s;obeyed the Orders of the Honourable Committee of both King|doms, as doth appear by the Order following.</P>
<PB N="93" REF="67">
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATE>Die Veneris. 19 <HI>July,</HI> 1644.</DATE></OPENER>
<P>WHereas the Committee of both Kingdoms, at <HI>Derby-Hou&s;e,</HI> Ordered on the <HI>13.</HI> of this In&s;tant, That the Arms and the re&s;t of the Provi&s;ions, clai|med by Sir <HI>Joh. Clotworthy,</HI> &s;hould not be removed, or &s;hipped away, untill the Committee &s;hould be further &s;atisfied concerning the &s;ame; this Hou&s;e being enfor|med, that contrary to the &s;aid Order, the &s;aid Arms and other Provi&s;ions, claimed by Sir <HI>John Clotworthy,</HI> are either &s;hipt, or ready to be &s;hipt away in the <HI>Ble&s;&s;ing,</HI> Ma&s;ter <HI>A&s;hmore</HI> Captain: It is therefore Ordered, That the &s;aid Captain and Store-keepers, or &s;uch others what&s;oever, as are entru&s;ted with the keeping, or &s;hip|ping of any Arms, or other Provi&s;ions now to be &s;ent for <HI>Ireland,</HI> do deliver the &s;aid Arms, and provi&s;ions claimed by Sir <HI>John Clotworthy,</HI> according to the Note given in, unto M. <HI>Maurice Thom&s;on,</HI> or M. <HI>William Pennoyre,</HI> or &s;uch as they &s;hall appoint for the &s;ame, who are to re&s;erve them in their cu&s;tody, un|till further Order be given them from this Hou&s;e therein.</P>
<CLOSER><SIGNED><HI>Hen. El&s;ynge,</HI> Cl. Parl. D. Com.</SIGNED></CLOSER>
</FLOATEXT>
<P>By force of which Order, after that the Arms and Goods therein men|tioned, were on &s;hip-board, and &s;afely &s;toed, amid&s;t many other Goods, Arms, and other things ready to be tran&s;ported for <HI>Ireland,</HI> according to the Order of the Honourable Committee of both Kingdoms, the Ship was Rummadged, and the Goods to&s;&s;ed to and from, and much &s;poyled, to find out &s;uch Arms and Provi&s;ions which had no &s;uch Marks, as infor|med, and thereupon &s;o many in quantity were taken from off a &s;hip-board again, and it may be more then demanded, and what is become of tho&s;e Goods, the Committee of Grocers Hall knoweth not: But that the &s;aid Committee of Grocers Hall, and M. <HI>Alexander</HI> among&s;t the re&s;t, may ap|pear to be free, and cleer from any &s;uch di&s;obedience to the Orders of the Honourable Committee of both Kingdoms, will you plea&s;e to under&s;tand the carriage of that bu&s;ine&s;&s;e al&s;o, from fir&s;t to la&s;t, and then to judge where the fault lies: For this, be fir&s;t plea&s;ed to peru&s;e the fir&s;t Order gi|ven by the Honourable Committee of both Kingdoms, to the Commit|tee at Grocers Hall, concerning this bu&s;ine&s;&s;e.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE>At the Committee of both Kingdoms, at <HI>Derby Hou&s;e.</HI> <DATE><HI>Die Mercurii.</HI> 17. Aprilis, 1644.</DATE></DATELINE></OPENER>
<P><HI>Ordered,</HI></P>
<P>THat the Committee at Grocers Hall, be de&s;ired to &s;end a particular to the Sub-Committee appointed to meet at Gold-&s;miths-Hall, on Friday next, of all &s;uch Artillery, Arms, Ammunition, Victuall, Clothes, or other Provi&s;ions, which have been made for <HI>Ireland,</HI> and not yet &s;ent, and &s;hall have power in the mean time to examine any per&s;ons whom they &s;hall conceive to have any &s;uch Provi&s;ions in their hands.</P>
<CLOSER><SIGNED>Ex. <HI>Gualter Fro&s;t,</HI> Secretary to the &s;ame Committee.</SIGNED></CLOSER>
</FLOATEXT>
<P>In conformity and obedience unto which Order, the &s;aid Committee at Grocers Hall did make a Returne accordingly, which con&s;i&s;t of &s;o ma|ny particulars, as it were too tedious to in&s;ert herein: but thereupon the Honourable Committee of both Kingdoms did make this other Order following.</P>
<PB N="94" REF="68">
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE>At the Committee of both Kingdoms, <DATE>20. <HI>Aprilis,</HI> 1644.</DATE></DATELINE></OPENER>
<P>Vpon reading of the Certificate of the Committee of Citizens Adventurers in <HI>London</HI> now produced, conforme to the Order of the <HI>17.</HI> of this In&s;tant A|prill, it is now further Ordered, That they be de&s;ired to collect, and take into their hands what&s;oever of the &s;aid Arms, Artillery, Ammunition, Victuals, and Provi&s;i|ons, which they can receive from any of the &s;aid per&s;on named in the afore&s;aid Cer|tificate, and what&s;oever other the like Goods, and Provi&s;ions they &s;hall hereafter find in the hands of any other per&s;on, or per&s;ons formerly provided for <HI>Ireland</HI> and not yet &s;ent: And to &s;end for, and examine all per&s;ons therein concerned, and to take care, and provide for &s;hipping them away pre&s;ently, and to make return of their do|ings to this Committee from time to time upon occa&s;ion, that &s;o they may receive fur|ther Order and direction in the premi&s;&s;es as &s;hall be fit.</P>
<P>And it is further Ordered, and the &s;aid Committee are de&s;ired to hold &s;uch in|telligence and corre&s;pondence with the Commi&s;sioners and Trea&s;urers in the <HI>Low-Countreys,</HI> employed about the Collections of Benevolences for the poor Prote&s;tants of <HI>Ireland,</HI> as formerly they have done, and to inform this Committee of their pro|ceedings from time to time, that &s;uch Order may bee given them for di&s;po&s;ing of tho&s;e provi&s;ions as &s;hall be fit.</P>
<CLOSER><SIGNED>Ex. <HI>Gualter Fro&s;t,</HI> Secretary to the &s;ame Committee.</SIGNED></CLOSER>
</FLOATEXT>
<P>By force of which Orders, the &s;aid Committee at Grocers Hall &s;ent for &s;uch per&s;ons as had the&s;e Goods and provi&s;ions in their hands, acquainted them with the&s;e Orders, and de&s;ired their conformity in the delivery of the &s;aid Arms and Goods; who taking time to con&s;ider thereof, thereupon, as it &s;hould &s;eeme, acquainted the Committee for <HI>Iri&s;h</HI> affairs at <HI>We&s;tmin&s;ter</HI> therewithall: whereupon the Order were conceived which follow.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE>Committee for the affairs of <HI>Ireland.</HI> <DATE>Die Veneris. <HI>viz. 10.</HI> May, <HI>1644.</HI></DATE></DATELINE></OPENER>
<P>IT is thought fit, and Ordered by this Committee, that Sir <HI>David Watkins</HI> Knight be de&s;ired to be pre&s;ent at this Committee, on Wedne&s;day next in the afternoon, in the Exchequer Chamber at <HI>We&s;tmin&s;ter,</HI> to &s;hew by what Order and Authority the Committee of Citizens Adventurers for Lands in <HI>Ireland,</HI> have by their Orders and directions by him &s;ub&s;cribed, required the Store-keepers belonging to this Com|mittee to detain, and otherwi&s;e to di&s;po&s;e of the Victuall, Cloathes, Arms, Ammu|nition, Artillery, and other Provi&s;ions, which have been committed to their Cu&s;tody for the &s;ervice of <HI>Ireland.</HI></P>
<CLOSER><SIGNED>Joh. Goodwin.</SIGNED></CLOSER>
</FLOATEXT>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE>Committee for the affairs of <HI>Ireland.</HI> <DATE>Die Veneris. <HI>10.</HI> May, <HI>1644.</HI></DATE></DATELINE></OPENER>
<P>THis Committee being now informed, that M. <HI>William Dobbins, Ralph Hardwick,</HI> and others, tru&s;ted &amp; imployed by this Committee, for kee|ping the &s;tores of victualls, clothes, arms, ammunition, artillery, and mate|rials for the train of Artillery, provided by them for the &s;ervice of <HI>Ireland,</HI>
<PB N="95" REF="68">been required by Order of a Committee of Citizens Adventurers for lands in <HI>Ireland,</HI> &s;igned by Sir <HI>David Watkins,</HI> not to di&s;po&s;e of, or deliver any of the before-mentioned particulars in their re&s;pective charges with|out further Order from them; and that the &s;aid Committee of Citizens Adventurers as have by other their Orders required Officers of their own to demand and receive tho&s;e goods and provi&s;ions out of the hands of the per&s;ons tru&s;ted with the cu&s;tody of them by this Committee: It is now thought fit, and Ordered by this Committee, that the &s;aid Ma&s;ter, <HI>Dob|bins,</HI> Ma&s;ter <HI>William Gilbert, George Wood, Ralph Hardwick,</HI> and all others who have in their charge and cu&s;tody any Victuall, Cloaths, Armes, Ammunition, Artillery, or materialls for the Train of Artillery, for the &s;ervice of <HI>Ireland,</HI> or any other goods or commodities what&s;oever, by the Order, or within the Accompt of this Committee, be hereby required and enjoyned re&s;pectively, to detain and keep all &s;uch goods and other provi&s;ions in their &s;afe and &s;ure cu&s;todies, as they will an&s;er the contra|ry at their perills; and that they carefully pre&s;erve them from lo&s;&s;e and dammage, and not to deliver them unto any per&s;on or per&s;ons what&s;oever until this Committee &s;hall give further Order for the di&s;po&s;all of them.</P>
<CLOSER><SIGNED>Jo. Goodwyn.</SIGNED></CLOSER>
</FLOATEXT>
<P>And Ma&s;ter <HI>Alexander</HI> being not particularly named in the la&s;t preceding Orders, afterwards the Orders following were thereupon conceived.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE><HI>Committee for the Af|faires of</HI> Ireland. <DATE>Die Mercurii, viz. <HI>15. May 1644.</HI></DATE></DATELINE></OPENER>
<P>THis Committee having by their Order of the tenth of this in&s;tant <HI>May,</HI> de&s;ired Sir <HI>David Watkins</HI> Knight, to be pre&s;ent at this Com|mittee, this day in the Exchequer Chamber, to there &s;hew by what Order and Authority, the Committee of Citizens Adventurers for lands in <HI>Ire|lands,</HI> have by their Orders and directions (by him &s;ub&s;cribed) required the &s;tore-keepers belonging to this Committee, to detain and otherwi&s;e to di&s;po&s;e of the Victuall, Cloaths, Armes, Ammunition, Artillery, and other provi&s;ions, which have been committed to their cu&s;tody for the &s;ervice of <HI>Ireland:</HI> fora&s;much as Sir <HI>David Watkins</HI> hath not appeared here this day, according to the &s;aid Order; which this Committee con|ceive to be a cotempt towards them, who are Authorized by the Hou&s;es of Parliament, to &s;end for parties, and to exerci&s;e other powers, condu|cing to the &s;ervice of <HI>Ireland;</HI> as in other Ca&s;es other Committees are. And for that Ma&s;ter <HI>Jerome Alexander,</HI> as one of that Committee of Citi|zens Adventurers for lands in <HI>Ireland,</HI> hath &s;ince the Order above &s;aid &s;ent unto Sir <HI>David Watkins,</HI> required of &s;ome of the &s;tore-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 &s;aid Sir <HI>David Watkins,</HI> and Ma&s;ter <HI>Alexander</HI> be hereby required to appear per&s;onally at this Committee on Saturday next in the afternon, in the Exchequer Chamber in <HI>We&s;tminster,</HI> to An&s;wer &s;uch que&s;tions as &s;hall be demanded of them, whereof they are not to fail.</P>
<CLOSER><SIGNED>Jo. Goodwyn.</SIGNED></CLOSER>
</FLOATEXT>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE><HI>Committe for the Af|faires of Ireland.</HI> <DATE>Die Veneris, viz. <HI>7.</HI> Julii. <HI>1644.</HI></DATE></DATELINE></OPENER>
<P>THis Committee taking notice of a Warrant dated the fifth of this in|&s;tant <HI>June,</HI> &s;igned by Sir <HI>David Watkins</HI> Knight, by order of a Com|mittee
<PB N="96" REF="69">at Turners Hall, by vertue of an order of the Committee of both Kingdomes to them directed, whereby <HI>Ralph Hardwick,</HI> who hath for a long time by the Command of this Committee, kept the &s;tores of divers provi&s;ions made for <HI>Ireland,</HI> but not thought fit, as yet, to be &s;ent thither; requiring him to deliver all &s;uch Goods and Provi&s;ions as are in his cu&s;to|dy, unto <HI>Francis Smith,</HI> and <HI>William Jennings,</HI> or to appear before the &s;aid Committee at <HI>Turners</HI> Hall, to &s;hew cau&s;e of his refu&s;all &s;o to do: This Committee, as they have formerly, &s;o now againe have thought fit to re|quire the &s;aid <HI>Ralph Hardwick,</HI> not to deliver tho&s;e goods and provi&s;ions to any per&s;on what&s;oever, without their &s;peciall Order and direction. And Sir <HI>David Watkins,</HI> Ma&s;ter <HI>Alexander</HI> and &s;uch others as were pre&s;ent at the Committee at <HI>Turners</HI> Hall, when the above mentioned warrant was Voted and &s;igned, be required to appear per&s;onally at this Committee, on Tue&s;day next in the afternon, in the Exchequer Chamber at <HI>We&s;tmin&s;ter,</HI> to &s;hew by what Order and Authority they have required tho&s;e goods and provi&s;ions, and to give An&s;er to &s;ome further Que&s;tions that &s;hall be demanded of them, concerning the &s;ame, whereof they are not to fail.</P>
<CLOSER><SIGNED>Jo. Godwayn.</SIGNED></CLOSER>
</FLOATEXT>
<P>And now the Committee at <HI>Grocers</HI> Hall finding the going on of the bu&s;ine&s;&s;e thus oppo&s;ed, acquainted the Honourable Committee there|withall, not adventuring to proceed further, without their direction, who were re&s;olved to acquaint the Honourable Hou&s;e of Commons therwith, as appeareth by their Order following.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE><DATE>Die Martis <HI>11.</HI> Julii <HI>1644.</HI></DATE> At the Committee of both Kingdomes.</DATELINE></OPENER>
<P><HI>Ordered,</HI></P>
<P>THat it be reported to the Hou&s;e by Master <HI>Crewe,</HI> that a Warrant hath i&s;&s;ued from the Committee for <HI>Iri&s;h</HI> affaires (taking notice of a warrant of this Committee, for the &s;ending of certaine Goods to <HI>Ireland,</HI> that were formerly pro|vided for that purpo&s;e) having given out their Warrant contradicting it.</P>
<CLOSER><SIGNED>Ex. <HI>Gualter Fro&s;t,</HI> Secretary to the &s;ame Committee.</SIGNED></CLOSER>
</FLOATEXT>
<P>And afterwards, as it &s;hould &s;eem, Sir <HI>John Clotworthy</HI> addre&s;&s;ed him|&s;elf unto the &s;aid Honourable Committee of both Kingdomes with a particular demand of &s;ome of tho&s;e Armes and Goods, which was pre|&s;ented in this manner.</P>
<FLOATEXT LANG="eng" TYPE="order">
<P>There being an equall proportion of Armes for recruting every of the <HI>Briti&s;h</HI> Regiments all of them have received their full proportions, onely the&s;e following parcels of Sir <HI>John Clotworthyes,</HI> which were brought back from aboard the &s;hip the <HI>Honour,</HI> there being no room for them.</P>
<LIST>
<ITEM><HI>Nubm.</HI> 1.
<LIST>
<ITEM>Muskets 33.</ITEM>
<ITEM>Belts 60.</ITEM>
</LIST></ITEM>
<ITEM><HI>Nubm.</HI> 3.
<LIST>
<ITEM>Muskets 33</ITEM>
<ITEM><HI>Nubm.</HI> 3. Belts 60.</ITEM>
</LIST></ITEM>
<ITEM><HI>Nubm.</HI> 4.
<LIST>
<ITEM>Muskets 33.</ITEM>
<ITEM>Belts 60.</ITEM>
</LIST></ITEM>
<ITEM><HI>Nubm.</HI> 8.
<LIST>
<ITEM>Bandeleirs 200.</ITEM>
<ITEM>Knap&s;acks 070.</ITEM>
</LIST></ITEM>
<ITEM><HI>Nubm.</HI> 11.
<LIST>
<ITEM>Knap&s;acks 280.</ITEM>
</LIST></ITEM>
<ITEM><HI>Nubm.</HI> 4.
<LIST>
<ITEM>Armes 30</ITEM>
<ITEM>Back 30.</ITEM>
<ITEM>Bre&s;ts 43.</ITEM>
<ITEM>Pots 33. </ITEM>
<ITEM>&s;mall Saddles.</ITEM>
</LIST></ITEM>
</LIST>
<P>The&s;e five fir&s;t peeces are marked thus,</P>
<CLOSER><SIGNED>S^r. <HI>J. C.</HI></SIGNED></CLOSER>
</FLOATEXT>
<PB N="97" REF="69">
<P>There were moreover brought by Sir <HI>John Clotworthy,</HI> and left in that &s;tore onely, to be kept there untill he &s;hould &s;end for them, either 7. or 8. Carbines, with Belts, Swynels, and Cartriges, and two Dragoon Snap|hances.</P>
<P>Whereupon the honourable Committee of both Kingdomes conceived an Order, and &s;ent the &s;aid particular therewithall unto the Committee of <HI>Grocers</HI> Hall, to make an&s;wer to the &s;aid demands.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATE>Die Martis <HI>25.</HI> July <HI>1644.</HI></DATE></OPENER>
<P><HI>Ordered,</HI></P>
<P>THat the Note of Armes, &amp;c. De&s;ired by <HI>Sir Iohn Clotworthy</HI> be &s;ent to the Committee at <HI>Grocers</HI> Hall, and that they &s;end a Certificate to this Com|mittee of their knowledge touching the&s;e Armes, if they do belong unto <HI>Sir Iohn Clotworthy,</HI> upon Thur&s;day at <HI>3.</HI> of the Clock in the afternoone.</P>
<CLOSER><SIGNED>Ex. <HI>Gualtur Fro&s;t,</HI> Secretary to the &s;ame <HI>Committee.</HI></SIGNED></CLOSER>
</FLOATEXT>
<P>In Obedience to which &s;aid Order la&s;t mentioned, te Committee at <HI>Grocers</HI> Hall, made this return following.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE>Grocers Hall <DATE><HI>28</HI> Julii. <HI>1644.</HI></DATE></DATELINE>
<SALUTE>To the Honourable Committee of both Kingdomes.</SALUTE></OPENER>
<P>ACcording to your Honours Order the 25. of this in&s;tant <HI>Iune,</HI> we have con&s;idered of Sir <HI>Iohn Clotworthies</HI> demands in the paper annexed, and do finde, that there are in the <HI>Iri&s;h</HI> &s;tores of goods now in our Po&s;&s;e&s;&s;ion, 3. che&s;ts which are marked 1.3.4. wherein ther eare &s;o many Muskets and Belts as are &s;pecified in the Note; and that in another che&s;t, number 8. there are the Bandeleers and Knap&s;acks which are al&s;o mentioned in the Noate, and the letters <HI>I. C.</HI> al&s;o made upon them; and we al&s;o finde that in another che&s;t, number 4. there are &s;o many Backs, Bre&s;ts, and Pots as are al&s;o mentioned in the Noate, but no letters of <HI>I. C.</HI> appeares upon them; there are al&s;o many Saddles in the &s;tores, and Carbines, Swyvels, Cartriges, far exceeding the number mentioned in the Noate, but no &s;uch letters of <HI>I. C.</HI> or mark &s;et upon them as is expre&s;&s;ed. And we humbly certifie, that aout this time twelve moneth, the Committee at <HI>Grocers Hall</HI> were very much per&s;waded by Sir <HI>John Clotworthy</HI> to provide Armes, Am|munition and Victuals for 5000. Foot, and 500. hor&s;e, of the <HI>Briti&s;h</HI> Re|giments then in <HI>Ul&s;ter,</HI> a&s;&s;uring the &s;aid Committee, being thus furni&s;hed, they would march out of that Province, for to fall upon the <HI>Iri&s;h</HI> Rebels in the Provinces of that Kingdome; all which were provided and &s;ent accor|dingly, &s;aving the particulars aforementioned, which were left behinde, becau&s;e the &s;hip that carries tho&s;e provi&s;ions, could not &s;tow them in her: Sir <HI>John Clothworthy</HI> cau&s;ed the &s;ame Armes to be divided here before they went, and every Regiment to have his proportion alotted; which he cau&s;ed a &s;ervant of his own to &s;ee put up, and &s;ent away; but we have not from that time under&s;tood that the &s;aid de&s;ign hath been &s;ince pur&s;ued, or that any thing hath been &s;ince done in that &s;ervice, albeit all tho&s;e Armes and provi&s;ions &s;ent were delivered accordingly; whereof we the rather remain ignorant, for that &s;ince the &s;aid &s;hip went away, the &s;aid Sir <HI>Iohn
<PB N="98" REF="70">Clotworthy</HI> came little among&s;t us; but the Committee did put them&s;elves 3000. pound in debt, to make tho&s;e provi&s;ions over and above 6. or 7000. pound more, which the &s;aid Armes &amp;c. co&s;t. We leave it to your honours con&s;ideration, if now Sir <HI>Iohn</HI> can pretend to the Armes that de&s;ign for which they were provided, not being pur&s;ued: How&s;oever this Committee crave leave for to informe your honours, concerning your former Orders to us directed for gathering in &s;uch Armes and Goods as were formerly provided for <HI>Ireland,</HI> and not &s;ent away, That <HI>Alderman Bunce</HI> had borrow|ed out of the <HI>Iri&s;h</HI> &s;tores at <HI>Grocers hall,</HI> 126. Snaphaunce-Muskets, and there was in the hands of our Officer <HI>Francis Taylour,</HI> 20. Snaphaunce-Mus|kets more, which were paid for with the money that was brought in by the Adventurers for lands in <HI>Ireland:</HI> The&s;e we demanded according to your Honours Orders, and 40. Hand-mills of one <HI>Moreton,</HI> which were provided for the Army in <HI>Ul&s;ter;</HI> and to pay for which, and for 70. paire of Hol&s;ters, Sir <HI>Iohn Clotworthy</HI> did receive of the &s;aid Adventurers money 144.1.10. s. (which hand-mills and Hol&s;ters are in Sir <HI>Iohn Clotworthyes</HI> hands (as we are informed) for <HI>Moreton</HI> affirmeth &s;o much to us concer|the hand-mills: and thus we humbly conceive that <HI>Sir Iohn</HI> hath now re|ceived 47. Muskets more than his &s;hare of the 5000. Foot-Armes: We finde no &s;peciall direction of them for him; but this we know, that he received 24. paire of Pi&s;tols, or thereabouts, and 65. Carbines and party-peeces more then any other of the Troops of Hor&s;e had there: and how|&s;oever he was plea&s;ed for to informe us at that time, that he had a Troop of hor&s;e there in pay, yet &s;ince we are given to under&s;tand, that one Sir <HI>William Brownlow</HI> Knight, Commands that Troop to which he pretendeth, and is one of tho&s;e Troops appointed for to be Commanded by the Scot|ti&s;h Army there: &s;o that we leave it to your Honours con&s;ideration, if in this Ca&s;e the &s;aid Hor&s;e Armes by him demanded do not more properly belong to the &s;aid Sir <HI>William Brownlow.</HI> All which we leve to your Ho|nours graver Judgements.</P>
<CLOSER><SIGNED><HI>Vera Copia.</HI> Ex. <HI>Rich. Deacon,</HI> Clerk to the &s;aid Committee.
<LIST>
<ITEM><HI>David Watkins.</HI></ITEM>
<ITEM><HI>Samuel Avery.</HI></ITEM>
<ITEM><HI>Jerome Alexander.</HI></ITEM>
<ITEM><HI>George Thoma&s;on,</HI></ITEM>
<ITEM><HI>James Houblon.</HI></ITEM>
<ITEM><HI>Samuel Langham.</HI></ITEM>
<ITEM><HI>Michael Herring.</HI></ITEM>
<ITEM><HI>Jo. Dethick.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</FLOATEXT>
<P>And that Sir <HI>Iohn</HI> had money for tho&s;e 126. Snaphaunce-Muskets, men|tioned in the &s;aid return, will appear by the certificate following, under the hand of Alderman <HI>Bunce,</HI> who paid him, or cau&s;ed the money to be paid unto him.</P>
<FLOATEXT LANG="eng" TYPE="receipt">
<P><HI>I</HI> Do acknowledge that Sir <HI>John Clotworthy</HI> received about May la&s;t, of the Trea&s;urers &s;itting at <HI>Weavers</HI> Hall London, by direction and Warrant from the Committee of the <HI>Militia</HI> for <HI>London,</HI> about the &s;um of one hundred forty and foure pounds eighteen &s;hillings, which was in &s;atisfaction for <HI>126.</HI> Snaphaunce-Muskets borrowed by me out of the Stores, belonging to the Iri&s;h Committee at Gro|cers Hall. by Order of the &s;aid Militia of <HI>London.</HI> Witne&s;&s;e my hand this <HI>8.</HI> day of Iuly <HI>1644.</HI></P>
<CLOSER><SIGNED>Ia. Bunce.</SIGNED></CLOSER>
</FLOATEXT>
<P>All which the &s;aid Committee at <HI>Grocers</HI> Hall for the <HI>Iri&s;h</HI> affaires did make appear unto Sir <HI>Iohn Clotworthy</HI> to be as informed, and afterwards, the 13. <HI>Iuly</HI> following, the &s;aid Sir <HI>Iohn</HI> did obtain the Order which followeth in the&s;e words.</P>
<PB N="99" REF="70">
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE><DATE><HI>Die Saturni,</HI> 19. July 1644.</DATE> At the Committee of both Kingdoms, at <HI>Derby Hou&s;e.</HI></DATELINE></OPENER>
<P><HI>Ordered,</HI></P>
<P>THat the Arms and the re&s;t of the Provi&s;ions clayed by Sir <HI>John Clotwor|thy,</HI> and concerning which there hath been controver &s;ie between him and the Committee at Grocers hall, &s;hall not be removed, or &s;hipped away, or otherwi&s;e di&s;|po&s;ed of, untill this Committee &s;hall be further &s;atisfied concerning the &s;ame.</P>
<CLOSER><SIGNED>Ex <HI>Gualter Fro&s;t,</HI> Secretary to the &s;ame Committee.</SIGNED></CLOSER>
</FLOATEXT>
<P>But before the delivery of this Order to the Committee at Grocers Hall, all the &s;aid Arms were informed unto them by the Officers, to be &s;hipped, and the Ship falling down, to begin her Voyage from this Port; and the Committee at Grocers Hall, humbly conceived, it had been much better for Sir <HI>John Clotworthy,</HI> and the &s;ervice, if the &s;aid Arms had been tran&s;|ported with the re&s;t for <HI>Ul&s;ter,</HI> where hee might vbery well have received them, to have been of pre&s;ent u&s;e, by any Order for that purpo&s;e to have been made; but afterwards hee did obtain the &s;aid Order of the Honou|rable Hou&s;e of Commons herein before mentioned of the 19. of <HI>July</HI> 1644. and took &s;uch a quantity of Arms from &s;hipboard again, after they were laden and &s;afe &s;towed in the &s;aid Ship, as afore&s;aid: And the Com|mittee of Grocers Hall, do humbly conceive, with &s;ubmi&s;&s;ion unto judge|ment, whether or no they have herein done any thing contrary to the &s;aid Order of the Honourable Committee of both Kingdomes, or whether they have herein in anything offended, contrary to the tru&s;t repo&s;ed in them, concerning the&s;e affairs, how&s;oever they have been charged &s;o to have done. But this Wave was no &s;ooner over, but another Billow tumbled after upon the neck of it; And becau&s;e Ma&s;ter <HI>Alex|anders</HI> care and pains with the re&s;t of the Committee, in that where|in they were thus imployed, brought to pa&s;&s;e what they were comman|ded, therefore he was complained again&s;t, and traduced to per&s;ons of great power, and quality, as not fit to be tru&s;ted in any bu&s;ine&s;&s;e; but for what Rea&s;on he could yet never be informed: but this &s;entence &s;till made up the foot of the Son in all, for other things to this hour hee could never learn that any man was able to object again&s;t him: And if he may but be heard to an&s;er for him&s;elf, he doubteth not but to manife&s;t his innocence in it, and in what&s;oever el&s;e, to all the world. And M. <HI>Alexander</HI> hath in all places, and with all per&s;ons with whom he hath had to do, &s;till met with this &s;entence laid in his di&s;h, and in the way of his preferment; and, as if all that went before were not enough to make him &s;ufficiently mi&s;erable, and unhappy, this old &s;ore after all mu&s;t be rubbed, this &s;entence infor|med and publi&s;hed yet again, to make again&s;t him, and the&s;e other things charged again&s;t him for tran&s;gre&s;&s;ions, whereof he is &s;o cleer and free; and after a long Debate, in the Honourable Hou&s;e of Commons, this Order is conceived there.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATE>Die Martis 20. <HI>Augu&s;t.</HI> 1644.</DATE></OPENER>
<P>ORdered upon the Que&s;tion, by the Commons a&s;&s;embled in Parliament, That Ma&s;ter <HI>Alexander</HI> &s;hall be &s;u&s;pended from his Trea&s;urer&s;hip for the moneys of <HI>Ireland,</HI> untill he hath pa&s;t his Accompt.</P>
<CLOSER><SIGNED>H. El&s;ynge, Cler. Parl. Dom. Com.</SIGNED></CLOSER>
</FLOATEXT>
<PB N="100" REF="71">
<P>Which being enformed unto the Committee at Grocer Hall, and upon Debate of the matter between them, they were plea&s;ed for the Vindication of them&s;elves, and to do M. <HI>Alexander</HI> right in the premi&s;&s;es, to preferre the Petition following unto the Honourable Hou&s;e of Commons, <HI>viz.</HI></P>
<FLOATEXT LANG="eng" TYPE="petition">
<HEAD>To the Honorable Hou&s;e of Commons, in this pte&s;ent Parliament A&s;&s;embled. The humble Petition of the Committee of Adventurers in <HI>London,</HI> for Lands in <HI>Ireland,</HI></HEAD>
<OPENER>SHEWING,</OPENER>
<P>THat where as by Order of this Honourable Hou&s;e, of the <HI>20.</HI> of this In&s;tant, it is Ordered, That Ma&s;ter <HI>Alexander</HI> &s;hall be &s;u&s;pended from his Trea&s;urer &s;hip for the monies of. <HI>Ireland,</HI> untill he hath pa&s;t his Accompts; This Committee craves leave to inform, that the &s;aid M. <HI>Alexander</HI> is one of the &s;aid Committee, but is no Trea&s;ure for any monies of <HI>Ireland,</HI> bit jath been imployed by the Trea&s;urers up|on the Ordinances of the <HI>30.</HI> of January <HI>1642.</HI> and of the <HI>14.</HI> of July <HI>1643.</HI> (them&s;elves having more weighty imployments for the State to attend) in their ab|&s;ence to over &s;ee the bu&s;ine&s;&s;es of the &s;aid Trea&s;uries; but the Ca&s;hiers of the &s;aid Of|fices, have onely medled with the Receipts of monies, and not be: And the &s;aid re|&s;pective Trea&s;urers have put in their re&s;pective Accompts, for their Receipts of monies upon tho&s;e Ordinances, upon their Oathes, now above three Moneths pa&s;t, be|fore the Committee of Accompts, as by the &s;everall Certificates thereof hereunto an|nexed doth appear, to which M. <HI>Alexander</HI> al&s;o hath &s;ub&s;cribed and been &s;worn, rather to &s;atisfie Sir <HI>John Clotworthy</HI> Knight therein, who importuned it, and to manife&s;t M. <HI>Alexanders</HI> Candor, und cleerne&s;&s;e in tho&s;e proceedings, then that he is any wayes liable to an Accompt: Be&s;ides Sir <HI>John Clotworthy</HI> and others, by Order of the Committee of Adventurers, have had the &s;aid Accompts delivered unto them in January la&s;t to peru&s;e, before they were put in to the Committee of Ac|compts, which was not till Aprill following.</P>
<P>And for a&s;much as Sir <HI>Joh. Clotworthy</HI> Knight, hath many times, at the Com|mittee of Adventurers, and otherwi&s;e, given out, in words and &s;peeches, as if the &s;aid Accompts of the &s;aid Trea&s;urers were liable to exceptions; and for that him&s;elf hath received many great &s;ums of Money, Wares, Goods, Arms, and Ammunition out of the&s;e Trea&s;uries, and out of other Monies that have been provided for the Affairs of <HI>Ireland,</HI> to the valne of <HI>20000.</HI> pouud, and yet challengeth an Arrere of <HI>20000.</HI> pound to be due unto him, for the entertainment of him&s;elf, his Officers, and Souldi|ers of his Regiment, and Commands in <HI>Ireland,</HI> us we are enformed, of which like|wi&s;e he hath put in certain particulers to the &s;aid Committee of Accompts to which he hath been &s;worn;</P>
<P>Your Petitioners (&s;ome of them being the &s;aid Trea&s;urers) that they may &s;tand cleer in the opinion of this honourable Hou&s;e, and to all the world, do humbly pray that you will be plea&s;ed to direct the &s;aid Committee of Accompts pre&s;ently to fall upon the examination as well of the &s;aid Sir <HI>John Clotworthies</HI> Accompts, as of the Accempts of the &s;aid &s;ever all Trea&s;urers, and that all exceptions what&s;oever may be taken that can be to any of the &s;aid Accompts: and that this honourable Hou&s;e will be plea&s;ed to give it e&s;pecially in charge to the &s;aid Committee of Accompts, to make return unto this honourable Hou&s;e, how the monies have been employed, that have been paid out of the &s;aid Trea&s;uries, and what hath become thereof, and how the &s;ame hath been husbanded for the benefit of the State, and all other matters, and things concerning the &s;ame.</P>
<PB N="101" REF="71">
<P>And fora&s;much as Ma&s;ter <HI>Alexander,</HI> on of our Members, haib been unju&s;tly charged, to have &s;ent the Marque&s;&s;e of <HI>Ormond 1000.</HI> pound, as of him&s;elfe, to an enemy of the Parliaments. The truth is, your Petitioners (with the advice of Sir <HI>John Clotworthy,</HI> before the Ce&s;&s;ation in <HI>Ireland,</HI> and upon a de&s;igne, laid prin|cipally by Sir <HI>Joh. Clotworthy</HI> to have &s;ent out <HI>5000.</HI> foot, and <HI>500.</HI> hor&s;e of the Britti&s;h Regiments out of <HI>Ul&s;ter</HI> again&s;t the Rebels, upon which your Petitioners disbur&s;ed <HI>10000.</HI> pounds and upwards, and nothing done) at that time to encourage the &s;aid Marque&s;&s;e, to have given all a&s;si&s;tance to that proceeding, and when hee &s;tood cleer, and then right unto the Parliament, for ought known unto your Petiti|oners, they did direct M. <HI>Alexander</HI> to write over to the &s;aid Marque&s;&s;e, and en|clo&s;e Bils of Exchange for a <HI>1000.</HI> pound to be paid to the Trea&s;urer at Warres there for his Lord&s;hip, and Officers, to encourage them, which mi&s;carried by the way; of which M. <HI>Alexander</HI> having been formerly accu&s;ed, and re&s;tratned of his liber|ty, yet upon the truth thereof enformed to this Honourable Hou&s;e heretofore, he hath been acquitted: and therefore your Petitioners do humbly pray, it may not be impu|ted unto him for a tran&s;gre&s;sion, or be therefore hlemi&s;hed in the opinion of this Honour able Hou&s;e, wherein he hath acted nothing but by your Petitioners order.</P>
<P>And for a&s;much as we can witne&s;&s;e, that he hath performed his duty, with a great deal of care and indu&s;lry for the Publique, no with &s;tanding much oppo&s;ition, and with little benefit to him&s;elf, and having done many acceptable &s;ervices for that King|dom, and behaved him&s;elf in all things with that Candor, and cleerne&s;&s;e, that wee conceive him worthy of all encouragement; We are therefore humble Suitors for him to this Honourable A&s;&s;embly, that he may be taken into con&s;ider ation accordingly.</P>
<P>And to remove all ob&s;tructions which hitherto have much hindered the proceed|ings concerning the affairs of <HI>Ireland;</HI> It is your Petitioners further humble Suit to this honourable A&s;&s;embly, That you will be plea&s;ed, with what &s;peed your more weighty affairswill permit, to take into con&s;ideration that Draft of an Ordinance which your Petitioners have lately pre&s;ented to this honourable Hou&s;e, that it may receive &s;uch allowance, or deniall, as in your wi&s;edoms &s;hall be thought fit, which how&s;oever, is onely well meant and intended by your Petitioners, to relieve the pre|&s;ent wants and nece&s;sities of the Forces there in Armes, for defence of the King and Parliament.</P>
<CLOSER>And they &s;hall pray, &amp;c.</CLOSER>
</FLOATEXT>
<P>To which Petition, the Certificates and Order of the honorable Hou&s;e of Commons hereafter following were annexed, for making good of the &s;ame, in the particulers alleadged.</P>
<FLOATEXT LANG="eng" TYPE="document">
<P>VVE of the Committee, appointed by Ordinance of Parliament, for taking of the Accompts of the Kingdom, &s;itting at the Hou&s;e, late of Alderman <HI>Freeman,</HI> in Cornhill <HI>London,</HI> do hereby certifie to all whom it may concern, That on the &s;ixt day of <HI>April</HI> la&s;t pa&s;t, Sir <HI>Paul Pynder</HI> Knight, <HI>John Kendrick</HI> Alderman, <HI>Bejamin Goodwin, Maurice Thomp&s;on, William Pennoyer,</HI> and <HI>Michael Ca&s;teele</HI> Merchants, Trea&s;urers appointed for the Receits of moneys and goods, &amp;c. brought in, and to be brought in, upon the Ordinance of Parliament of the <HI>30.</HI> of <HI>January 1642.</HI> and <HI>Jerome Alexander</HI> E&s;quire, and <HI>Richard Warburton</HI> Gentleman, brought in, and delivered unto us, upon their corpor all Oaths, an Accompt of all money received and paid by vertue of the &s;aid Ordinance, for the relief of <HI>Ireland,</HI> as witne&s;&s;e our hands,</P>
<CLOSER><DATE> this <HI>22.</HI> day of <HI>Augu&s;t, 1644.</HI></DATE>
<SIGNED><LIST>
<ITEM><HI>Anth. Biddulph.</HI></ITEM>
<ITEM><HI>William Prynne.</HI></ITEM>
<PB N="102" REF="72">
<ITEM><HI>Lawr. Brinley.</HI></ITEM>
<ITEM><HI>John Langley.</HI></ITEM>
<ITEM><HI>Edward Mead.</HI></ITEM>
<ITEM><HI>Tho. Andrew,</HI></ITEM>
<ITEM><HI>George Wytham.</HI></ITEM>
<ITEM><HI>Joh. Gregory.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</FLOATEXT>
<FLOATEXT LANG="eng" TYPE="document">
<P>VVE of the Committee, appointed by Ordinance of parliament, for taking of the Accompts of the Kingdom, &s;itting at the Hou&s;e, late of Alderman <HI>Freeman,</HI> in Cornhill <HI>London,</HI> do hereby certifie to whom it may concern, That on the &s;ixt day of <HI>April</HI> la&s;t pa&s;t; <HI>James Bunce, Thomas Foot, John Ken|drick</HI> Aldermen, and <HI>Samuel Avery</HI> E&s;quire, Trea&s;urers appointed for the Receits of the moneys brought in, and to be brought in, upon the Ordinance of Parliament of the <HI>14.</HI> of <HI>July 1644.</HI> and <HI>Jerome Alexander</HI> E&s;quire, and <HI>Richard War|burtion</HI> Gentleman, brought in, and delivered unto us, upon their corpor all Oaths an Accompt of all moneys received, and paid by vertue of the &s;aid Ordinance for the re|lief of moneys brought in, and to be brought in, upon the Ordinance of Parliament of the <HI>14.</HI> of <HI>July 1644.</HI> and <HI>Jerome Alexander</HI> E&s;quire, and <HI>Richard War|burton</HI> Gentleman, brought in, and delivered unto us, upon their corporall Oaths an Accompt of all moneys received, and paid by vertue of the &s;aid Ordinance for the re|lief of <HI>Ireland,</HI> as witne&s;&s;e our hands</P>
<CLOSER><DATE>this <HI>22.</HI> day of <HI>Augu&s;t, 1644.</HI></DATE>
<SIGNED><LIST>
<ITEM><HI>Anth. Biddulph.</HI></ITEM>
<ITEM><HI>William Prynne.</HI></ITEM>
<ITEM><HI>Lawr. Brinley.</HI></ITEM>
<ITEM><HI>John Langley.</HI></ITEM>
<ITEM><HI>Edward Mead.</HI></ITEM>
<ITEM><HI>Tho. Andrew.</HI></ITEM>
<ITEM><HI>George Wytham.</HI></ITEM>
<ITEM><HI>Joh. Gregory.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</FLOATEXT>
<P>Upon Debate, and Reading of all which, the Order hereafter mentio|ned, was by the Honourable Hou&s;e of Commons made, and conceived ve|ry ju&s;tly; For by it, it is very evident, that the &s;ame Petition was obje|cted again&s;t, as brought in by &s;ome indirect means, as denied by tho&s;e that &s;eemed to be the Petitioners, which when they under&s;tood, they all went to the place at the time appointed, to make good, and avow theit Pe|tition to the &s;aid Committee, who not &s;itting in a full Number, the Peti|tioners pre&s;ented them &s;elves to &s;uch of the &s;aid Honourable Committee of the Hou&s;e of Commons as were pre&s;ent, ready to ju&s;tifie the framing and pre&s;enting of the &s;aid petition to the &s;aid Hou&s;e, by the &s;aid M. <HI>Spur|&s;tow;</HI> and afterwards the Committee of Grocers-hall, to cleer them&s;elves from that imputation, framed the Petition following, to bee pre&s;ented to the &s;aid Honourable Hou&s;e of Commons.</P>
<FLOATEXT LANG="eng" TYPE="petition">
<OPENER><DATE><HI>Die Veneris</HI> 27. Septemb. 1644.</DATE></OPENER>
<P>The humble Petition of the Committee of Adventurers for Lands in <HI>Ireland,</HI> was this day Read, and Ordered to be Referred unto
<LIST>
<ITEM>Ma&s;ter <HI>Hollis.</HI></ITEM>
<ITEM>Sir <HI>William Lews.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Recorder.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Bond.</HI></ITEM>
<ITEM>Sir <HI>Walter Earl.</HI></ITEM>
<ITEM>Sir <HI>Tho. Dacres.</HI></ITEM>
<ITEM>Sir <HI>Hen. Mildmay.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Va&s;&s;all.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Maynard.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Li&s;le.</HI></ITEM>
<ITEM>Sir <HI>Hen. Vane,</HI> jun.</ITEM>
<ITEM>Sir <HI>Chri&s;topher Wray.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Ellis.</HI></ITEM>
<ITEM>Sir <HI>Will. Ma&s;&s;am.</HI></ITEM>
<ITEM>Ma&s;ter <HI>A&s;he.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Prideaux.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Black&s;ton.</HI></ITEM>
<ITEM>Sir <HI>Philip Stapleton.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Jeph&s;on.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Stroude.</HI></ITEM>
<ITEM>Ma&s;ter <HI>We&s;ton.</HI></ITEM>
</LIST> to examine the manner of comming in, and exhibiting this Petition, and what per&s;ons 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 &s;end for Parties, Witne&s;&s;es Papers, Records, &amp;c.</P>
<CLOSER><SIGNED>H. El&s;ynge, Cler, Parl, Dom, Com.</SIGNED></CLOSER>
</FLOATEXT>
<PB N="103" REF="72">
<FLOATEXT LANG="eng" TYPE="petition">
<HEAD>To the Honourable Hou&s;e of Commons. The humble Petition of the Committee of Adventurers for Lands in <HI>Ireland,</HI> &s;itting at <HI>Grocers</HI>-Hall.</HEAD>
<OPENER>SHEWING,</OPENER>
<P>THat whereas they have heretofore pre&s;ented their humble Petition unto this Honourable A&s;&s;embly, by the delivery of Ma&s;ter <HI>Spur&s;tow</HI> one of your Members; and that by your Order of the 27 of <HI>September,</HI> 1644, you have been plea&s;ed to refer it to a Committee of this Honour|able Hou&s;e, for to examine the manner of coming in, and exhibiting of that Petition, and what per&s;ons will avow it: They humbly crave leave to inform this Honourable A&s;&s;embly, That your Petitioners of the &s;aid Committee, who&s;e names are hereunto &s;ub&s;cribed, will and do avow the &s;aid Petition; and that it is their &s;en&s;e and humble de&s;ires to this Honourable Affembly; and that you would be plea&s;ed to con&s;ider the Demands of the &s;aid Petitioners, and to give &s;uch An&s;wer thereunto, as in your judgements &s;hall be thought fit. And they humbly inform fur|ther, That they did never di&s;avow the &s;aid Petition, at any meeting what|&s;oever; but do confe&s;&s;e, Some of them, being demanded at an A&s;&s;embly of the Adventurers, Whether they had preferred any Petition to cro&s;&s;e the pa&s;&s;ing of the Ordinance intended for levying and rai&s;ing of the 80000 <HI>l.</HI> for the affairs of <HI>Ireland,</HI> did deny to have preferred any &s;uch Petition: But for the Petition which they have pre&s;ented by Ma&s;ter <HI>Spur|&s;tow,</HI> they never did deny the pre&s;enting of the &s;ame, nor do deny it. All which they leave to the con&s;ideration of this Honourable A&s;&s;embly.</P>
<CLOSER><SIGNED><LIST>
<ITEM>Sir <HI>David Watkins</HI> Knight,</ITEM>
<ITEM><HI>Jerome Alexander,</HI></ITEM>
<ITEM><HI>John Strange,</HI></ITEM>
<ITEM><HI>Michael Hearing,</HI></ITEM>
<ITEM><HI>Samuel Langham,</HI></ITEM>
<ITEM><HI>Samuel Moyer,</HI></ITEM>
<ITEM><HI>Richard Hill,</HI></ITEM>
<ITEM><HI>George Thoma&s;on.</HI></ITEM>
<ITEM><HI>John Dethicke,</HI></ITEM>
<ITEM><HI>James Houbelon,</HI></ITEM>
<ITEM><HI>Richard Leader.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</FLOATEXT>
<P>And Ma&s;ter Alderman <HI>Bunce</HI> and Ma&s;ter Deputy <HI>Avery,</HI> becau&s;e they could not attend, with the re&s;t of the Committee of <HI>Grocers</HI>-Hall, at <HI>Westmin&s;ter</HI> at that meeting, did, by their Letter written to the &s;aid Com|mittee of the Hou&s;e of Commons, avow the pre&s;enting of that Petition by Ma&s;ter <HI>Spur&s;tow,</HI> and offering to make it good, with the re&s;t of the &s;aid Committee of <HI>Grocers</HI> Hall. And Ma&s;ter Alderman <HI>Kendrick</HI> and Ma&s;ter <HI>Feather&s;ton,</HI> albeit they were not then pre&s;ent at the pre&s;enting of the &s;aid Petition, yet will al&s;o avow the &s;aid Petition, and, with the re&s;t, de&s;ire it may be con&s;idered by the Hou&s;e of Commons.</P>
<P>And le&s;t it may not be believed, that Sir <HI>John Clotworthy</HI> Knight had the Trea&s;urers Accompts of the Ordinances of the 30 of <HI>January,</HI> 1642, and of the 14 of <HI>July,</HI> 1643, made for rai&s;ing moneys for the affairs of <HI>Ireland,</HI> becau&s;e he &s;o confidently averred the contrary, and that Ma&s;ter <HI>Alexander</HI> was a Trea&s;urer for the receipt of moneys brought in upon tho&s;e Ordinances, be plea&s;ed to con&s;ider the Order follwing.</P>
<PB N="104" REF="73">
<FLOATEXT LANG="eng" TYPE="order">
<HEAD>Grocers-Hall, <HI>Die Martis.</HI> 9 <HI>Januarii,</HI> 1643.</HEAD>
<P><HI>RE&s;olved upon the Que&s;tion, by the Committee and Body of Ad|venturers for</HI> Ireland,</P>
<P>That Alderman <HI>Foot,</HI> Alderman <HI>Kendrick,</HI> Sheriff <HI>Bunce,</HI> and Ma&s;ter <HI>Ave|ry,</HI> the Trea&s;urers, and Ma&s;ter <HI>Alexander,</HI> be requried to bring in to this Com|mittee, on Thur&s;day next in the afternoon, a perfect List or Note of the names of all &s;uch per&s;ons as have &s;ub&s;cribed, or given Moneys or Provi&s;ions for <HI>Ireland</HI> upon the Ordinance of Parliament of the <HI>14</HI> of <HI>July</HI> last, as well by way of Ad|venture, as Benevolence; with the Sums of money by each per&s;on adventured or given, how much each per&s;on hath paid in thereupon, and how much thereof is yet unpaid; and that the &s;aid Trea&s;urers and Ma&s;ter <HI>Alexander</HI> de &s;ub&s;cribe this Accompt.</P>
<P><HI>Re&s;olved,</HI> &amp;c.</P>
<P>That Sir <HI>John Clotworthy</HI> Knight, Captain <HI>Methwold,</HI> Ma&s;ter <HI>Floud</HI> and Ma&s;ter <HI>Dethick,</HI> be de&s;ired to receive this Accompt, and to put it into an Alpha|beticall-way, for the names of the &s;aid Adventurers and Givers, to be pre&s;ented to this Committee.</P>
<P><HI>Re&s;olved,</HI> &amp;c.</P>
<P>That Sir <HI>Paul Pyndar</HI> Knight, Alderman <HI>Kendrick,</HI> Ma&s;ter <HI>Maurice Thom|&s;on,</HI> Ma&s;ter <HI>Pennoyer,</HI> Ma&s;ter <HI>Ca&s;teele</HI> and Ma&s;ter <HI>Benjamin Goodwyn,</HI> the Trea&s;urers, and Ma&s;ter <HI>Alexander,</HI> be required to bring in to this Committee, on this day &s;evennight, a like perfect List or Note of all Moneys and Provi&s;ions that have been lent or given towards the relief of <HI>Ireland,</HI> upon the Ordinance of Par|liament of the thirtieth of <HI>January, 1642;</HI> and that the &s;aid Trea&s;urers and ma&s;ter <HI>Alexander</HI> do &s;ub&s;cribe the &s;ame.</P>
<CLOSER><SIGNED>Jo. Goodwyn.</SIGNED></CLOSER>
</FLOATEXT>
<P>You &s;ee the time: The&s;e Votes or Orders were made the 9 of <HI>January,</HI> 1643; and &s;o fierce and pre&s;&s;ing he was, that they mu&s;t be fini&s;hed in two days; A hard Task: But, to avoid all blame, or &s;u&s;pition of delay, they laboured day and night to fini&s;h the &s;aid Accompts, to clear them&s;elves from tho&s;e Objections which had been made, and ca&s;t upon Ma&s;ter <HI>Alex|ander</HI> at tho&s;e meetings, albeit they no otherwi&s;e did concern him then as afore&s;aid. Be plea&s;ed al&s;o, among&s;t the re&s;t, to peru&s;e the Letter and War|rant following, and it will &s;atisfie all men of Sir <HI>John Clotworthy</HI>'s having the&s;e Accompts in his hands in <HI>January</HI> la&s;t, four moneths before they were put into the Committee of Accompts.</P>
<LETTER LANG="eng">
<HEAD>To our very worthy friends, Alderman <HI>Foot,</HI> Alderman <HI>Ken|drick,</HI> Sheriff <HI>Bunce</HI> and Ma&s;ter <HI>Avery,</HI> Trea&s;urers appointed by the Ordinance of the 14 of <HI>July,</HI> 1643, for Sub&s;criptions for <HI>Ireland.</HI></HEAD>
<OPENER><SALUTE>Gentlemen,</SALUTE></OPENER>
<P>ACcording to the Re&s;olution taken by the Committee and Body of Adventurers on Tue&s;day la&s;t, we have now attended here to receive the Accompts which concern the moneys and Provi&s;ions &s;ub&s;cribed and come in for <HI>Ireland,</HI> upon the Ordinance of Parliament of the 14 of <HI>Ju|ly</HI>
<PB N="105" REF="73">la&s;t: And under&s;tanding that the Accounts are prepared, but no yet &s;ub&s;cribed by all the Trea&s;urers, we de&s;ire, for the better &s;peeding of the bu&s;ine&s;&s;e, and &s;atisfaction to the Adventurers, that the &s;aid Accompts may be &s;uch, as &s;hall give a full Charge, and be &s;ub&s;cribed by you all, and delivered by to morrow morning unto Sir <HI>John Clotworthy,</HI> to the end we may forth with proceed to do that which is required on our part, and the Adventurers be &s;atisfied in what they will expect at their next meet|ing: And &s;o we re&s;t,</P>
<CLOSER><POSTSCRIPT>
<P><HI>You may plea&s;e to &s;end them by the Officer of this Hou&s;e, to Sir</HI> John Clotwor|worthy's <HI>hou&s;e in Queens-&s;treet.</HI></P>
</POSTSCRIPT>
<DATELINE><HI>Grocers-Hall</HI> <DATE>the 11 <HI>of</HI> January, 1643.</DATE></DATELINE>
<SIGNED><HI>Your affectionate friends and &s;ervants,</HI>
<LIST>
<ITEM>Jo. Clotworthy,</ITEM>
<ITEM>William Methwold.</ITEM>
<ITEM>Charles Lloyd.</ITEM>
<ITEM>Jo. Dethicke.</ITEM>
</LIST></SIGNED></CLOSER>
</LETTER>
<FLOATEXT LANG="eng" TYPE="warrant">
<P>VVE who are appointed to &s;upervize the Accompt brought in by Ma&s;ter <HI>Alexander,</HI> &amp;c. do de&s;ire the Adventurers to meet at Grocers Hall on Thur&s;day next, by nine of the clock in the morning, to con&s;ider of &s;ome particulars in the &s;aid Accompt, that all men may have &s;at is faction thereof, that are intere&s;ted therein.</P>
<CLOSER><DATELINE><HI>Gold&s;miths-Hall,</HI> <DATE><HI>this 23.</HI> January, <HI>1643.</HI></DATE></DATELINE>
<SIGNED><LIST>
<ITEM><HI>Joh. Clotworthy.</HI></ITEM>
<ITEM><HI>Wil. Methwold.</HI></ITEM>
<ITEM><HI>Charles Lloyd.</HI></ITEM>
<ITEM><HI>Joh. Dethick.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</FLOATEXT>
<P>And by all this doth it not &s;eem &s;trange, that &s;uch a charge &s;hould bee laid again&s;t Ma&s;ter <HI>Alexander,</HI> concerning the&s;e Accompts, which he had thus cleerly performed in, though, as you may perceive, hee is not &s;o con|cerned in them, that he is liable to give any Accompts, but to the Trea&s;u|rers onely, and they are an&s;werable unto the State, as they have often told him? But will you not think it more &s;trange, that the&s;e proceedings &s;hould be, and things thus carried, and yet the&s;e Accompts of the thirieth of <HI>Ja|nuary</HI> before the&s;e times, and from time to time, being put in before the Committee of the Hou&s;e of Commons for <HI>Iri&s;h</HI> affairs at <HI>We&s;tmin&s;ter,</HI> whereof Sir <HI>John Clotworthy</HI> is one, and that continually attended that Committee, nay the&s;e Accompts examined, and audited by Ma&s;ter <HI>Collins</HI> Auditor for the <HI>Iri&s;h</HI> Accompts, and by ma&s;ter <HI>William Hawkins,</HI> the Secretary unto the &s;aid Committee for <HI>Iri&s;h</HI> affairs at <HI>We&s;tmin&s;ter?</HI> and if any errours, or mi&s;carriages had been in the &s;aid Accompts, &s;urely they would have quickly found them, and I cannot beleeve, they would have concealed any thing that might have made again&s;t Ma&s;ter <HI>Alexander,</HI> if any thing had appeared in them worthy of blame: But is it not to be more admired, that all this ado &s;hould be made about the&s;e Accompts, and Ma|&s;ter <HI>Alexander</HI> of all the re&s;t, and none but he called upon, and thus que&s;ti|oned concerning them, when that Honourable Committee of the Hou&s;e of Commons for <HI>Iri&s;h</HI> affairs &s;itting at <HI>We&s;tmin&s;ter,</HI> whereof Sir <HI>John Clot|worthy</HI> is one, as is &s;aid before, in <HI>December</HI> 1643. had by their Order di&s;|charged
<PB N="106" REF="74">Ma&s;ter <HI>Alexander</HI> from medling in the Officer, and had placed an|other in his Room, as appears by the Order following?</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE>Committee for the Affairs of <HI>Ireland.</HI>
<DATE>Die Veneris, <HI>viz.</HI> 9. <HI>December,</HI> 1643.</DATE></DATELINE></OPENER>
<P>THis Committee being very &s;en&s;ible of the prejudice which doth already, and may hereafter come unto the &s;ervice of <HI>Ireland,</HI> by the continuall neglect of ma&s;ter <HI>Jerome Alexander,</HI> who is appointed by the Trea&s;urers at Guild-hall, no|minated in the Ordinance of Parliament of the <HI>30.</HI> of <HI>January</HI> la&s;t, for a new Loan and Contribution towards the relief of that Kingdom, to attend that Receipt, their Orders being by him &s;lighted: and he refu&s;ing to attend this Committee, as he hath been often required, they have now thought fit, that the &s;aid Trea&s;urers do ap|point Ma&s;ter <HI>Richard Warburton,</HI> who is well acquainted with the bu&s;ine&s;&s;e, to take into his charge and cu&s;tody, the Books and Papers belonging to that Ordinance, and to &s;tate and perfect the Accompts concerning the &s;ame, and that hee attend the Receipts and Payments upon that Ordinance for the time to come, by the order and directious of the Trea&s;urers, &s;o as the &s;ervice may not &s;uffer by any neglect.</P>
<CLOSER><SIGNED>Joh: Goodwin.</SIGNED></CLOSER>
</FLOATEXT>
<P>Thus you may perceive, that whether Ma&s;ter <HI>Alexander</HI> were in the of|fice, or out of the Office, all is one, his quiet is never a whit the more: and yet &s;ince this Order, all the Orders that have come from that Honourable Committee for <HI>Iri&s;h</HI> affairs at <HI>We&s;tmin&s;ter</HI> to the Trea&s;urers, they have been deliuered to Ma&s;ter <HI>Warburton,</HI> who, with one <HI>Ma&s;ter Benjamin Goodwin,</HI> one of the &s;aid Trea&s;urers, hath carried on the bu2ine&s;&s;e with him; and yet Ma&s;ter <HI>Alexander</HI> mu&s;t &s;till be called upon for Accompts. And where|as this Order mentioneth neglects, and contempts, Ma&s;ter <HI>Alexander</HI> was ever obedient to their Orders, and cau&s;ed the Accompts to bee deli|vered in punctually from time to time, as they were required, or el&s;e hee had been worthy to have heard of it to his co&s;t; and I am &s;ure you be|leeve he &s;hould have heard of it in another kind: And how hee hath be|haved him&s;elf, among&s;t tho&s;e with whom hee hath had to do in the&s;e af|fairs, you may be plea&s;ed to under&s;tand in the Certificate following.</P>
<FLOATEXT LANG="eng" TYPE="document">
<P>VVE of the Committee of Adventurers in <HI>London</HI> for Lands in <HI>Ireland,</HI> &s;itting at Grocers Hall, do certifie, and will bee ready to make it appear, when we &s;hall be called, that Ma&s;ter <HI>Jerome Alexander</HI> was freely and unani|mou&s;ly cho&s;en by the Body of the Adventurers in <HI>London,</HI> to bee one of the Com|mittee for <HI>Iri&s;h</HI> affairs at Grocers Hall, and was at another meeting afterwards confirmed by a like con&s;ent; That ever &s;ince hee hath peformed his duty, with a great deal of care and indu&s;try, for the Publique, and hath in this time done many acceptable &s;ervices for <HI>Ireland,</HI> with that Candor, as we conceive him worthy of all encour agement. And we further conceive (and by experience have found) that if he had not been amongst us, we could not have gone on &s;o well in this Affair as we have done, in regard hee is better acquainted with the &s;tate and condition of
<PB N="107" REF="74">mo&s;t parts of <HI>Ireland,</HI> and the &s;everall per&s;ons there imployed, then wee are, or can be.</P>
<CLOSER><SIGNED><LIST>
<ITEM><HI>David Watkins.</HI></ITEM>
<ITEM><HI>Jam. Bunce.</HI></ITEM>
<ITEM><HI>Joh. Kendrick.</HI></ITEM>
<ITEM><HI>Sam. Avery.</HI></ITEM>
<ITEM><HI>Hen. Fether&s;tone.</HI></ITEM>
<ITEM><HI>Rich. Hill.</HI></ITEM>
<ITEM><HI>Michael Herring.</HI></ITEM>
<ITEM><HI>James Houblon</HI></ITEM>
<ITEM><HI>Joh. Dethick.</HI></ITEM>
<ITEM><HI>Joh. Strange.</HI></ITEM>
<ITEM><HI>Sam. Langham.</HI></ITEM>
<ITEM><HI>George Thoma&s;on.</HI></ITEM>
<ITEM><HI>Sam. Moyer.</HI></ITEM>
<ITEM><HI>Rich. Leader.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</FLOATEXT>
<P>And Ma&s;ter <HI>Alexander</HI> is confident, if he would have de&s;ired a Certi|ficate from the Committee of Gold&s;miths-hall, of his carriage among&s;t them, he could have procured a like manife&s;tation of his good demea|nour in that &s;ervice; but becau&s;e it concerneth another imployment, he hath been &s;ilent in it: But thus you may perceive further, what ill mea|&s;ure hee hath had, and what oppo&s;ition hee hath undergone; and for no other cau&s;e or rea&s;on that he is con&s;cious of unto him&s;elf, if not for acting his part in the affairs wherein he hath been tru&s;ted, with that fidelity and zeal, that becomes an hone&s;t man: And to the be&s;t of his under&s;tanding, in all the cour&s;e of his life, the malice and pro&s;ecution that hee hath met withall, have been for no other cau&s;e, but that hee would never be drawn to betray any tru&s;t committed to his charge, for any gain, or tender of pre|ferment what&s;oever.</P>
<P>But why &s;hould Ma&s;ter <HI>Alexander</HI> think much at this u&s;age, &s;eeing it is but the &s;ame thing which others &s;ufer with him&s;elfe; and is that hath been, and it is that which &s;hall be? And that which is doen, is that which &s;hall be done, and there is no new thing under the Sun, <HI>Eccle&s;ia&s;tes</HI> 1.9.</P>
<P>But after all this, it hath been objected &s;urther; But what hath been done for <HI>Ireland,</HI> &s;ince Ma&s;ter <HI>Alexander</HI> hath been of that Committee for <HI>Iri&s;h</HI> affairs? It is not po&s;&s;ible for any man to think that it lay in his power, to do more then his own per&s;onall endeavours could contribute: and that he may put the que&s;tion, in an&s;wer of this demand; What hath he left undone, that any wayes lay in his power to do, and promote for the good and well-fare of that Kingdom, or of any His Maje&s;ties Domi|nions? Nay, ever &s;ince his coming for <HI>England,</HI> after his e&s;cape from tho&s;e blood-thir&s;ty Rebelsin <HI>Ireland,</HI> he hath &s;pent his whole time, and that means which he hath received from his friends, in that &s;ervice, and both publikely, and privately hath laboured by all the po&s;&s;ible wayes he could, to have relieved it: and <HI>Ultra po&s;&s;e non e&s;t e&s;&s;e.</HI> Let any man in&s;tance in any thing that he hath done, to the lea&s;t prejudice of the proceedings, and if he cannot an&s;wer for him&s;elf, let him bee condemned; if that bee not &s;o tearmed wherein he hath oppo&s;ed tho&s;e things which inall likely hood and appearance, mu&s;t have left the Forces, and poor Prote&s;tants there, in a farre wor&s;e condition, then (ble&s;&s;ed be God) now they are in. It is a Rule, that <HI>Contraria juxta &s;e po&s;ita magis eluce&s;cunt;</HI> By telling you perad|venture, what he hath not done, you may happily give a gue&s;&s;e, at that which hath followed upon his endeavours.</P>
<P>Fir&s;t of all then, he doth profe&s;&s;e, That he hath not carried two faces in one Hood, but in what&s;oever Debates, where he hath had the freedom to deliver him&s;elf, and his opinion, hee hath done it with &s;inglene&s;&s;e of
<PB N="108" REF="75">heart, cleerly without re&s;pect of per&s;ons: he hath made the cau&s;e of Refor|mation both in Church and State, the &s;ole aim of his intentions, and Byas of his actions, and in the pro&s;ecution hereof, hath never &s;werved to the right hand, or to the left, &amp; for his part hath &s;till enclined that way which his judgment hath led him unto, and that might promote this the be&s;t, and bring it unto perfection with mo&s;t expedition; and hath been ever of this opinion to love truth, though in the cour&s;e&s;t garments: he hath never been &s;o far wedded to his will, but that he could &s;ubmit to any one when con|vinced with rea&s;on; and if upon good grounds, he hath conceived any one, of what Nation &s;oever, better able to do the work, then his own Countrey|man, he hath preferred him in his e&s;teem, as fitte&s;t to beimployed in &s;uch a time as this, all <HI>punctillio's</HI> of honour, and by-re&s;pects what&s;oever not|with&s;tanding: he hath not clawed any one with Court-holy water, &s;mooth language, whom he hath under&s;tood to have been an enemy to this Cau&s;e of God, of what quality, or condition &s;oever, but hath delivered his &s;en&s;e freely in tho&s;e things wherewith he hath been tru&s;ted, who&s;oever hath op|po&s;ed it, though <HI>veritas odium parit:</HI> he hath not acted for his own intere&s;t wherein he hath been employed, otherwi&s;e then involved in the &s;ame ge|nerall Cau&s;e, with all others; knowing, that if the Publike &s;uffers, it is not any mans private intere&s;t that can be con&s;iderable: He hath not been craving the employment wherein he hath laboured all this while, nor hath had other Rea&s;on to move him to it, but a free Calling, and his ear|ne&s;t defires &amp; affections to advance the bu&s;ine&s;&s;e: He hath not been led to this by a popular &s;pirit, or from a de&s;ire any ways to lift him&s;elf up in the opinion of the world; and &s;hall be as well content to re&s;t from his labours, as he hath been for to perform his duty, if he &s;hall be once by the &s;ame power &s;et a&s;ide, as u&s;ele&s;&s;e and un&s;erviceable, by which he acteth, and by which he was called to it: he hath neither gained, nor claimed 40000 <HI>l.</HI> for his &s;ervice, but hath lo&s;t a Fortune, by the Rebellion in <HI>Ireland,</HI> worth half that &s;ame, and all the E&s;tate he had, and therefore hath de&s;erved &s;ome con|&s;ideration; and yet whereas others have ta&s;ted liberally of the bounty of the Parliament, out of tho&s;e Collections made for the relief of the poor di&s;tre&s;&s;ed Prote&s;tants in <HI>Ireland,</HI> hee hath yet never received peny of that Charity, nor hath in the lea&s;t been burthen&s;ome to the Parliament, but hath lived by that which he hath truely laboured for, and &s;pent as much more in their &s;ervice, that hath been given him of his friends: Hee hath not been Lin&s;ey-Wol&s;ey in his Religion, nor hath profe&s;&s;ed to more &s;ides then the right, &s;o neer as he was able to apprehend the truth, for to &s;up|port him in any action, or thing, that hath not been ju&s;t and equitable; nor hath he by a &s;pecious and &s;eeming &s;anctity, endeavoured to cover over a double iniquity, hee hath not filled his pur&s;e with unlawfull gain, nor hath kept from others that which is their due, when power and menas, and that which hath been rightly belonging unto &s;uch, hath been put into his hands, for their &s;atisfaction; nor hath complained, nor made u&s;e of the nece&s;&s;ities of others, to &s;upply his own occa&s;ions, whiles the&s;e indeed have been in a &s;tarving and peri&s;hing 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 &s;ervice: He hath hated to bee accompted a com|mon liar, or a &s;landerer of his neighbour: Hee hath not maliciou&s;ly en|deavoured
<PB N="109" REF="75">any mans ruine, nor hath whi&s;pered in &s;ecret that, of any man behind his back, which he hath been a&s;hamed to ju&s;tifie unto his face; he hath not been like a wilde A&s;&s;es Colt, that hath kickt the dam, that hath given it &s;uck; he hath not deceived the tru&s;t repo&s;ed in him, nor been but what he hath &s;eemed to be; he never was accu&s;ed to have laboured for the enlargement of any Rebel, under colour that he &s;hould do &s;ervice for the Parliament; he never held Intelligences with any the Parliaments oppo|&s;ites in <HI>Oxford</HI> nor el&s;e-where; he could never fawn like a Spannel, flatter like a Fox, imitate like an Ape, change like a Camelion, nor devour like a Lion; and if it were not that he hates to be the Trumpet of his own prai&s;e, he could &s;ay &s;omething of him&s;elf, which he will therefore forbear, onely relate all in this one generall, that he hath never been wanting to contri|bute what&s;oever hath lyen in his power, and within the Verge of his pro|fe&s;&s;ion, to promote the welfare of that, and the&s;e Kingdomes; and hath &s;pent many houres, and dayes, and moneths, &s;ome years in managing tho&s;e affaires, and among&s;t others hath &s;erved the Parliaments commands therein faithfully and con&s;tantly, and with &s;o much &s;ucce&s;&s;e as the di&s;tra|ction of the time, the Ce&s;&s;ation of Armes there in <HI>Ireland,</HI> and the great oppo&s;ition which he hath met withall in the&s;e proceedings, would per|mit and &s;uffer: and becau&s;e he hath been charged, that he hath endeavou|red heretofore to have drawn over the monies collected for the poor Por|te&s;tants in <HI>Holland</HI> hither, thereby to have diverted that charity into ano|ther channell, and by the imployments of the monies here, to have ad|vantaged &s;ome mans private intere&s;t; he doth profe&s;&s;e, he hath been &s;o far aver&s;e to that way, as under&s;tanding from the fir&s;t, that it was the inten|tion of the Donours of that liberality, that it &s;hould be onely &s;ent over for <HI>Ireland</HI> in Victuall, that with the re&s;t of the Committee at <HI>Grocers</HI> Hall, he hath laboured to keepe a right under&s;tanding therein, with the States and Cla&s;&s;es of the <HI>Low Countries,</HI> and to prevent all &s;u&s;pitions of mi&s;-applying their bounty, otherwi&s;e than they intended it, and when &s;ome letters were written over by &s;ome from hence to that purpo&s;e, which &s;taggered them in their &s;aid proceeding, the &s;aid Committee of <HI>Grocers</HI> Hall &s;o carefully waded in it, with them, as they took off the jealou&s;ies thus rai&s;ed, and have procured a large collection and contribution there, which hath been &s;ent in Victuall to the poor Prote&s;tants in <HI>Ireland,</HI> amounting unto neer 30000. l. which hath been &s;uch a Reviving unto them, as &s;ome of them of <HI>Ul&s;ter</HI> have profe&s;&s;ed, that they had not otherwi&s;e been able to have &s;ub&s;i&s;ted all this while: and if any &s;uch thing hath been doen, &s;urely it hath not been by the Committee of <HI>Grocers</HI> Hall, or Ma&s;ter <HI>Alexander,</HI> as the en&s;uing Order may po&s;&s;ibly manife&s;t, which was directed to Ma&s;ter <HI>Deacon,</HI> Clerk to the &s;aid Committee of Adventurers, to have taken the bu&s;ine&s;&s;e out of their hands.</P>
<FLOATEXT LANG="eng" TYPE="order">
<OPENER><DATELINE>Committee of the Af|faires of <HI>Ireland.</HI>
<DATE><HI>Die Jovis,</HI> viz. 29. <HI>February</HI> 1643.</DATE></DATELINE></OPENER>
<P>VVHereas the Letters, Orders, and other Accompts, and Papers which con|cern the Contributions for <HI>Ireland</HI> in the United Provinces in the Low-Countries, and the di&s;po&s;all of tho&s;e Contributions have been by former Order of this Committee required to be brought unto them, but are not yet produced to give
<PB N="110" REF="76">that &s;atisfaction, which upon many occa&s;ions is requi&s;ite: It is now again thought fit and Ordered by this Committee, that Ma&s;ter <HI>Deacon</HI> (in who&s;e cu&s;tody they are alleadged to be) be hereby required peremptorily, forthwith to deliver unto Ma&s;ter <HI>John Goodwyn,</HI> now of the chaire for this Committee, all &s;uch Letters, Coppies of Letters, Orders, Accompts, and other writings; either &s;ent from hence, or received from thence, which concern that affaire, to the end the Committee may from time to time make u&s;e of them, for the advantage of the &s;ervice: whereof the &s;aid Ma&s;ter <HI>Deacon</HI> is not to fail.</P>
<CLOSER><SIGNED>Jo. Goodwyn.</SIGNED></CLOSER>
</FLOATEXT>
<P>But what was meant by this, <HI>Ma&s;ter Alexander</HI> profe&s;&s;eth he knoweth not, but he conceiveth well, and that it was to have managed the bu&s;i|ne&s;&s;e in a better way, than they at <HI>Grocers</HI> Hall have done; but he ho|peth it hath excu&s;ed him from that Accu&s;ation, and to tho&s;e that have blamed him in this particular, who hath no wayes been ad|vantaged by it in the lea&s;t farthing, but hath contributed all his endea|vours, that might po&s;&s;ibly promote the bu&s;ine&s;&s;e; and who&s;oever wrote to that State, to draw over the monies hither to be imployed here, he can wa&s;h his hands in innocency, he hath had no finger in it; in|deed he remembreth &s;omething hath been written from thence to the &s;aid Committee at <HI>Grocers</HI> Hall, informing &s;uch a thing to have been done, and admiring the de&s;ire of it, for that the States and Cla&s;&s;es had Ordered otherwi&s;e from the beginning; and that what&s;oever monies &s;hould be thus Collected, &s;hould be onely imployed to buy Victuall, and to tran&s;port thither, which hath been &s;ince done to &s;uch a value as for|merly mentioned.</P>
<P>And now if you plea&s;e, you may ob&s;erve from all that hath gone before, the &s;tate and condition in which Ma&s;ter <HI>Alexander</HI> hath lived ever &s;ince he came to Act in this world, that as 'tis &s;aid, <HI>Revel.</HI> 12.4. <HI>The Dragon &s;tood before the woman, which was ready to be delivered, for to devoure her child &s;o &s;oon as it was born:</HI> &s;o he came no &s;ooner abroad to trade and traffique among&s;t men, but he found the &s;tream and Current of the times, imme|diately to run very &s;trong and violently again&s;t him, and ever &s;ince he hath been enforced to &s;aile both again&s;t winde and tide, that he could never yet with Saint <HI>Paul</HI> attain to the faire Havens, unto the de&s;ired place where he would be, <HI>Acts</HI> 27.8. <HI>P&s;al.</HI> 107.30. yet hath God many times made the&s;e &s;tormes to be calmes, &s;o that the waves thereof have been &s;ometimes &s;till and quiet, but like a Ram fallen backward, to give the greater Butt in their comming on again; and the &s;tormy winds and tempe&s;ts, which hath lifted up the&s;e waves on high, have brought him to his wits ends, and have even melted his &s;pirits, becau&s;e of the troubles; yet he doth confe&s;&s;e, when he hath cryed unto the Lord in the&s;e afflictions, he hath &s;aved him out of the&s;e di&s;tre&s;&s;es, <HI>Therefore doth he prai&s;e him for his good|ne&s;&s;e, and for the wonderfull workes which he doth unto the children of men:</HI> you may al&s;o perceive Ma&s;ter <HI>Alexander</HI> hath &s;till been upon the defen&s;ive part and hath laboured under the oppre&s;&s;ions of tho&s;e with whom he hath had to do, and it hath been his ill hap evermore to be pur&s;ued by &s;uch as have been too &s;trong and mighty for him, that he can truely &s;ay with <HI>I&s;rael, P&s;al.</HI> 129. <HI>Many a time have they afflicted me from my youth, yet they have not prevailed again&s;t me; the Plowers plowed upon my back, and have made long fur|rows,
<PB N="111" REF="76">but the righteous Lord hath hewen their &s;nares in peeces:</HI> you know the report of great ones, mu&s;t render a man &s;u&s;pected at lea&s;t, though never &s;o innocent, if not di&s;ta&s;tfull to that &s;ort of people, who beleeve things as they are informed of them by their &s;uperiours, whom they tru&s;t, who car|ry authority with them to cry down any mans merits, though never &s;o worthy, and can &s;tick upon him &s;candalous imputations, though unde&s;er|ved; and if it be thus, how much &s;ooner will things be credited, which are done by colour of Ju&s;tice, and as if they had the &s;tamp, and an im|pre&s;&s;ion of truth &s;et upon them, by the powerfull hands of Authority, which in tho&s;e times admitted of neither di&s;pute or contradiction, nor was there any way left to repair innocence thus abu&s;ed: and for a clo&s;e of all, be plea&s;ed to re-collect the&s;e ob&s;ervations from the whole matter.</P>
<P N="1">1. That this Sentence thus given again&s;t Ma&s;ter <HI>Alexander,</HI> was an oc|ca&s;ion taken, as for a thing long waited for, and re&s;olved upon before|hand to be put in Execution with the fir&s;t opportunity; and then &s;ee how ea&s;ie a thing it is to finde a &s;taffe to beat a dog.</P>
<P N="2">2. That Ma&s;ter <HI>Alexander</HI> attempting now at his fir&s;t comming into the world, to repair him&s;elf again&s;t the wrong done him by Ma&s;ter <HI>God|frey,</HI> as afore&s;aid, he being a Popi&s;h adver&s;ary; yet of great e&s;teem and ac|compt in his Country, as de&s;cended from &s;o famous a Lawyer as his fa|ther was in his Generation, allyed to many Ancient families there, be|friended by all the Gentry: Therefore, and for not complying with the times, and refu&s;ing to betray the tru&s;t repo&s;ed in him; and by rea&s;on of the many Steward&s;hips which he had, and therein having to deal with very many of the be&s;t Gentry of that County, that held of tho&s;e Lord&s;hips by Service and Rent, the performance and payment whereof, he now more &s;trictly required, the &s;ame being almo&s;t extingui&s;hed by the connivance or negligence of his predece&s;&s;ors exerci&s;ing that Office; and having therein al&s;o to deal with a rude multitude of the poorer &s;ort of people, who for &s;mall and petty debts, were dayly &s;ued in tho&s;e Courts, who&s;e very nece&s;&s;ities did rai&s;e clamour, though ju&s;tly proceeded again&s;t, and M^r <HI>Alexander</HI> in the cour&s;e of his calling, in the very beginning there|of, being much imployed for the inferiour &s;ort of people and mo&s;t com|monly again&s;t the greate&s;t, wherein he did evermore performe his duty with all the power and faithfulne&s;&s;e he was able, and evermore with good &s;ucce&s;&s;e, which he hath continued to do unto this day, he doubteth not but all indifferent men will judge, that it was not po&s;&s;ible for him to live without being envyed, &s;candalized, and que&s;tioned: though in all you may perceive he &s;till acquitted him&s;elf; <HI>For he that doth truth commeth to the light, that his deeds may be made manife&s;t, that they are wrought in God, and the truth &s;hall make him free, Joh.</HI> 31. <HI>&amp;</HI> 8.32.</P>
<P N="3">3. That this Sentence was then given with a &s;pirit of prejudication and re&s;olution beforehand, taken how&s;oever to condemn Ma&s;ter <HI>Alexan|der</HI> in this matter, doth appear by the &s;aid Lord Keeper <HI>Coventrys</HI> procee|dings in it, from fir&s;t to la&s;t: wherein all the Officers in that Court acting under him, and to free one of them&s;elves, carryed on the &s;ame more &s;moothly, and &s;o made it a thing almo&s;t impo&s;&s;ible for Ma&s;ter <HI>Alexander</HI> to e&s;cape their fingers: birds of one feather, flying altogether to the prey; which is more remarkable in the particulars following.</P>
<P N="4">4. By the Lord Keeper <HI>Coventry</HI> his readine&s;&s;e to embrace the lea&s;t hint
<PB N="112" REF="77">and occa&s;ion offered to charge M. <HI>Alexander</HI> with this Accu&s;ation, where|of it hath appeared unto you herein before that he was innocent.</P>
<P N="5">5. That upon the fir&s;t Motion, though out of Court, his Lord&s;hip in|&s;tantly relea&s;ed <HI>Yates,</HI> who &s;tood fined in Court, and was then in cu&s;tody upon a Cen&s;ure, appearing to have been ju&s;tly given again&s;t him.</P>
<P N="6">6. That the &s;aid Lord Keeper, being the &s;upreme Judge of that Court, and in order unto his place, directing all Cau&s;es in the manner of their proceeding unto Judgment, his Lord&s;hip gave Rules and Orders in this matter, again&s;t all the Rules and Orders of that Court.</P>
<P N="7">7. Thus hee irregularly admitted of an Oath in this Cau&s;e for to con|front an Oath, contrary to all practi&s;e and the duty of a good Judge, for that where an Oath is once received, and upon Record in a Court of Ju|&s;tice, an other Oath in the Negative, hath never been admitted, point-blank in oppo&s;ition to the former; The onely Remedy in &s;uch Ca&s;es be|ing by Bill, or Information, that all parties concerned, may interplead the matter in difference, and thereupon right and ju&s;tice to bee done, where the fault is found.</P>
<P N="8">8. That where the Accu&s;ation hath been once an&s;wered upon Oath, in the particulers of the Charge, it is again&s;t the ordinary rules of all Courts of Ju&s;tice, for to re-examine that party again, upon tho&s;e very things to which he hath preci&s;ely an&s;wered; yet did the &s;aid Lord Keeper <HI>Coventry,</HI> you &s;ee, enforce Ma&s;ter <HI>Alexander</HI> twice to an&s;wer that thing over again upon his Oath, which he had punctually an&s;wered once before, nay once publiquely in Court interrogated by him&s;elf, and after that again by ex|amination of the Judges, by him principally directed, which was onely done to have drawn from him &s;ome guilt, if po&s;&s;ible, whereby to have ruined and undoned him.</P>
<P N="9">9. It hath been never &s;een in any Court of Ju&s;tice, that the party com|playning, hath been bound up in the matter complained of, by the Oath of any Defendant, without his own con&s;ent; yet in this Ca&s;e <HI>Nevill</HI> being legally charged with committing of the &s;aid offence, was received by the &s;aid Lord Keeper <HI>Coventry,</HI> for to purge him&s;elf upon his Oath, without any con&s;ent had, or &s;ought for of Ma&s;ter <HI>Alexander,</HI> and in an extrajudi|ciall way al&s;o, and made u&s;e of it afterwards as a te&s;timony upon which to ground the Sentence, having nothing more to &s;upport it withall.</P>
<P N="10">10. In all Bills and Informations exhibited in that Court, the Cau&s;e being &s;o penall to the party complained again&s;t, the matter ought to have been &s;et down truely, and as preci&s;ely as in an Indictment, that &s;o the party accu&s;ed, might have certainty to what to an&s;wer; for if one offence bee charged, and another proved, in &s;uch ca&s;e there is no ground for to war|rant a Sentence, nor hath it been &s;een that any man, in any Court what|&s;oever, hath been concluded by generals, nor by offences proved which are <HI>heterogenia,</HI> and not of the matter in que&s;tion; for &s;o to judge, is to judge <HI>parte inandita ultera;</HI> for if this &s;hould be admitted, no man po&s;&s;ibly could be &s;afe, if to be judged for that, which he hath been never received to an&s;wer, yet the &s;aid Lord Keeper <HI>Coventry,</HI> admitted of both the&s;e pro|ceedings to condemn Ma&s;ter <HI>Alexander:</HI> For fir&s;t, hee received the &s;aid <GAP DESC="blank" RESP="OXF" EXTENT="1 word"> <HI>Cooke</HI> to depo&s;e matter in Court again&s;t Ma&s;ter <HI>Alexander,</HI> di|ver&s;e, and from the things in que&s;tion, and cau&s;ed that to bee in&s;erted in the Sentence, as convincing te&s;timony, which you &s;ee is a thing fal&s;e in
<PB N="113" REF="77">it &s;elf now it comes to be defended; He admitted of divers generals al&s;o not proved, nor before alleadged, to be in&s;erted in the &s;aid Sentence, as matter of te&s;timony to &s;upport it, which were farre otherwi&s;e in truth, and deed, then they &s;tand therein urged, and pre&s;&s;ed; and which are &s;o many of them, as that in effect the whole Sentence is founded upon no|thing el&s;e, mo&s;t illegally and unwarrantably.</P>
<P N="11">11. Whereas no man after his An&s;wer in Court, but is lawfully &s;erved with an Order, or Proce&s;&s;e, to joyne i&s;&s;ue in the matter controverted, or depending, and after i&s;&s;ue joyned, is called by Proce&s;&s;e, or Order, for to appear at a certain day, and time, to hear judgement pronounced, and to make his ju&s;t defence, that &s;o innocence may not &s;uffer, if po&s;&s;ibly to bee prevented: but in this Ca&s;e of Ma&s;ter <HI>Alexanders,</HI> the &s;aid Lord Keeper <HI>Coventry</HI> proceeds to judgements, without doing of either of the&s;e; and yet to give &s;ome colour for this wrong doing, and to make quick work of it, hee over&s;hadows it with another thing, an errour of as high a na|ture, and receives that for a &s;ervice of Ma&s;ter <HI>Alexander</HI> to hear judgement, which hath appeared to have been no &s;ervice at all, and that in &s;even dayes time, from the day that the Judges certificate was fir&s;t produced, and read in Court, and then Re&s;olved upon the fir&s;t to draw this matter unto a formall hearing, it is concluded to be proceeded in, is debated, and Sen|tenced, and M. <HI>Alexander</HI> de&s;troyed without defence; and what needed all this po&s;t-ha&s;t, if not to have made it onely the advantage of de&s;troying him in his ab&s;ence? In which way, they were &s;ure to bring about their ends.</P>
<P N="12">12. That upon the matter, he directs in the Sentence, the Governours of <HI>Lincolns-Inne,</HI> whereof Ma&s;ter <HI>Alexander</HI> was a Member, to expell him the Society, fearing le&s;t he &s;hould not be otherwi&s;e made mi&s;erable e|nough, and that they might without that hint or direction, by the way, have forborn to have proceeded again&s;t him, with a like &s;everity, but by this Weathercock, you may &s;ee where the Winde blew, and that malice when it rageth, is without bounds, or re&s;traint; and now with holy <HI>Job, Chap.</HI> 19.7. I might cry out of wrong, but I was not heard; I cried out aloud, but there was no judgement.</P>
<P N="13">13. That the &s;aid Lord Keeper <HI>Coventry,</HI> after the que&s;tion was once &s;tirred, never &s;o much as once endeavoured afterwards to &s;upport the Sen|tence given again&s;t <HI>Yates,</HI> though upon &s;o good proof appearing in the Books, the &s;aid Depo&s;ition of <HI>John Warren,</HI> being &s;et a&s;ide, but ab&s;olute|ly di&s;mi&s;&s;ed <HI>Yates,</HI> without more ado, contrary to the duty of his Place, and Office; whereby it is further manife&s;t, it was not for his love and zeal unto ju&s;tice, but revenge, that he herein more aymed at, was the cau&s;e that he per&s;ecuted M. <HI>Alexander</HI> with &s;o much extremity.</P>
<P N="14">14. That he was not ignorant, that the crime objected was in it &s;elf petty, and without con&s;ideration, in ca&s;e it had been the Act of M. <HI>Alex|ander</HI> (as you finde him cleered of it, in that which hath gone before) and therefore it further &s;heweth the inveteracy of his rancor, and for what cau&s;e he was &s;o violent in the per&s;ecution of M. <HI>Alexander,</HI> thus unju&s;ty unto Sentence.</P>
<P N="15">15. That the &s;aid Lord Keeper <HI>Coventry</HI> was re&s;olved, you may &s;ee by the exce&s;&s;ivene&s;&s;e and immoderation of the Fine, and other things re|quired to be performed by the Sentence, to make it finall and irrecovera|ble,
<PB N="114" REF="78">and &s;o heavy and burthen&s;ome, as that Ma&s;ter <HI>Alexander</HI> &s;hould ne|ver again be able to ri&s;e from under it; for thus he di&s;inabled him in his e&s;tate, in his profe&s;&s;ion, in his good name, in his friends, and made what|&s;oever uncomfortable to him which this life could afford; that thus upon the matter he had buried him alive, which to have compleated, there wan|ted nothing but execution, an Officer, to have ca&s;t him into the grave, the pri&s;on appointed, from whence he &s;hould have been &s;ure, in his time, ne|ver to have returned, till he &s;hould have paid the uttermo&s;t farthing, and performed what&s;oever he required to have been done.</P>
<P N="16">16. That he &s;econded <HI>Yates</HI> his di&s;mi&s;&s;ion with another Act of inju|&s;tice, as grievous as any of the re&s;t: he received a Bill of co&s;ts from <HI>Yates</HI> his Atturney, which had a foundation an&s;werable to the building, fal&s;e glo&s;&s;es upon the Text, a Title appearing as untrue, as the particulars there|in were unju&s;tly multiplied; with an addition too in the <HI>Summa totalis,</HI> more then ju&s;tifiable, or contained in the Summes that went before, another brat of the &s;ame breeding; thus rowling one &s;tone more over his grave, that &s;o there might be weight enough to have kept him under ground.</P>
<P N="17">17. That by his meanes no in&s;tallment of the Fine mu&s;t bee in Ma&s;ter <HI>Alexanders</HI> Ca&s;e, which was a mercy admitted to all others in like conditi|on, and to &s;uch who&s;e offences were proved Capitall, and tran&s;cendent indeed, and this Fine mu&s;t be begged, and paid, and all other &s;ummes of money which he had adjudged to be paid by M. <HI>Alexander</HI> in that Court: and was not this yet more grievous and intollerable, and done out of ma|lice to him?</P>
<P N="18">18. That he vowed, he would not admit of any Pardon to pa&s;&s;e under the great Seal for Ma&s;ter <HI>Alexander,</HI> of the &s;aid Sentence, &s;o long as hee was Keeper of it, which in part he performed, and with much trouble to his patience, and grief of his heart (as you &s;ee it prooved) it was, that he permitted any thing to pa&s;&s;e at all, and if his power had not been imployed for a cloak of his maliciou&s;ne&s;&s;e, 1. <HI>Pet.</HI> 2.16. what had it been to him, had he &s;tood indifferently affected, that after the Sentence pa&s;t, and that the Law had had its cour&s;e, that his Maje&s;ty &s;hould not bee as mercifull to M. <HI>Alexander,</HI> as to any other of his Subjects, you may under&s;tand the cau&s;e of his fear, was the palpable inju&s;tice in the&s;e his Actions, and that if M. <HI>Alexander</HI> &s;hould acquire any means and liberty for him&s;elf, he con|ceived his &s;pirit too great to put up &s;uch an injury at his hands, when any opportunity &s;hould be offered to attempt the &s;ame.</P>
<P N="19">19. That he gave the &s;aid di&s;mi&s;&s;ion for <HI>Yates</HI> again&s;t Ma&s;ter <HI>Alexan|der,</HI> and awarded 130. pound Co&s;ts again&s;t him, when it appeared unto him by &s;uch proof as had been made, that M. <HI>Alexander</HI> had <HI>probabilem cau&s;am littigandi,</HI> and much more, and therefore by the cour&s;e of that Court ought to have paid no Co&s;ts, which further an&s;wers that objection; That the Petitioner &s;hould commit the fact for his own advantage, when no benefit could have accrewed to him by it at all, there being &s;ufficient te&s;timony be&s;ides to prove the Charge, and it had been an Act of great folly in M. <HI>Alexander</HI> to have done &s;uch a thing, which mu&s;t of nece&s;&s;ity have been controuled in Court, both by the Record, and the Defendants Copy of the &s;aid Depo&s;ition, and who can beleeve he would do that Act in &s;ecret, which he had endeavoured to make publique, by the mark like a hand &s;et again&s;t it in the margent of the Copy for examination of it, and which of nece&s;&s;ity mu&s;t di&s;cover it.</P>
<PB N="115" REF="78">
<P N="20">20. And if the &s;aid Lord Keeper <HI>Coventry</HI> had not been more engaged in it than ordinary, why would he have pre&s;&s;ed a matter of no more impor|tance or dammage, either to the State or any other per&s;on than this was, and carried it on with &s;o high a hand and &s;uch violence, e&s;pecially a|gain&s;t one of his own coat, who&s;e infirmities, if he had found any in him, he &s;hould therefore the rather have endeavoured to have concealed in the birth of his profe&s;&s;ion in hope of amendment, than thus for to proceed without mercy or moderation, I am &s;ure herein he did not immitate his heavenly Father in mercy, who forgiving thou&s;ands of Talents, doth ex|pect we &s;hould not for Pence, take our Neighbours by the throat, <HI>Luke</HI> 6.36. <HI>Mat.</HI> 18.32, 33, 34, 35.</P>
<P N="21">21. He &s;uffered the Sentence to be interlaced with much &s;candalous and impertinent matter, meerly &s;ugge&s;ted to render M. <HI>Alexander</HI> cau&s;le&s;ly odious, to all that &s;hould onely read it and under&s;tand no more: and we &s;ay it is an ea&s;ie thing to make a man of &s;traw, and kill him when we have done; and if it may be admitted to in&s;ert without proof or warrant, what a mans Adver&s;ary, and his Councill can invent, to make &s;omething of nothing, whereby to charge his enemies; I wounder who it is in &s;uch ca&s;e can be &s;afe from de&s;truction, or that can think his life and e&s;tate is not every minute in danger, and when the &s;aid Lord Keeper <HI>Coventry,</HI> who had fir&s;t the peru&s;uall of all Sentences given in that Court, did permit this Sentence to be &s;tuffed up with &s;uch untruths: Is he blamele&s;&s;e herein for doing to Ma&s;ter <HI>Alexander</HI> an intollerable injury and oppre&s;&s;ion?</P>
<P N="22">22. When he ob&s;erved no Order, in this proceeding, which is the life of Government; and where there is no Order, there is confu&s;ion, it is a Rule then in all Ca&s;es criminall, if the &s;uppo&s;ed Delinquent deny the fact objected, no pro&s;ecution &s;hould be made again&s;t him, without Bill or In|formation, An&s;wer and Examination of Witne&s;&s;es; &s;o that the Party ac|cu&s;ed might make his ju&s;t Defence: of all the&s;e Ma&s;ter <HI>Alexander</HI> was deprived and debarred, and yet the Sentence &s;upported by his only power and greatne&s;&s;e, as if it had been the mo&s;t ju&s;t one, that ever was pronoun|ced upon earth.</P>
<P N="23">23. You may al&s;o perceive what u&s;e of it hath been made from time to time, again&s;t Ma&s;ter <HI>Alexander,</HI> by all tho&s;e his oppo&s;ites, with whom he hath had to do, perverting it to &s;erve their own turnes for his di&s;grace; and though it be penned with as much a&s;perity, and di&s;advantage unto his Ca&s;e; and filled with as many fal&s;ities as there are lines, yet becau&s;e it came not high enough, it mu&s;t be reported to be far otherwi&s;e, and wor&s;e then it is in it &s;elf: which the late Earle of <HI>Strafford,</HI> and now, Sir <HI>John Clotworthy,</HI> have been plea&s;ed to extend far beyond what&s;oever is contained in it: and all which you &s;ee Ma&s;ter <HI>Alexander</HI> hath hitherto &s;uffered with a great deal of patience, but doth now hope the time is come that his Ca&s;e is known, and if yet he &s;hall not finde redre&s;&s;e of his &s;ufferings, he is &s;o well inured to beare the burthen of the&s;e Calamities, as he will yet re&s;t in hope, that, that God which hath all this time prote|cted him, and kept him from de&s;truction, will either here, or hereafter, or in both, &s;atisfie him with his goodne&s;&s;e.</P>
<P N="24">24. That Court of Star-Chamber it &s;elf in the exerci&s;e of it in tho&s;e times, was not &s;o pure, and cleer from que&s;tion and exception, both that it was by this Honourable Parliament found to be a great grievance, and
<PB N="116" REF="79">vexatious to the Subject, and therefore di&s;&s;olved it, the Judges of that Court not keeping them&s;elves to the points limitted by the Statute, by which it &s;tood principally founded and erected, but did puni&s;h where no law did warrant, and made decrees for things where they had no Autho|rity and did inflict heavier puni&s;hment then by any law was warranted and contrary to the great Charter, and was a meanes to introduce an Ar|bitrary power and Government, And therefore no wonder, if he that was an hone&s;t man, and lived in any way aver&s;e unto tho&s;e times and their proceedings, extreamly &s;uffered under its cen&s;ures, but we have &s;een the end of the&s;e blazing and falling &s;tars, who having deceived us all this while, have been re&s;olved into their Elements of earth and &s;elf re&s;pects.</P>
<P>Thus a man that is con&s;tantly carried by true principles, though the compa&s;&s;e may through infirmity or Temptation &s;ometimes admit varia|tion or wavering yet it recollects it &s;elf again, and will promote to the true pole, what waves or winds &s;oever beats again&s;t the &s;hip, per&s;everance in good things goeth never without its reward in the latter end, it did <HI>Ju|das</HI> no good that he was of the twelve, when once he fell away; for it can|not do any man good to lay a good foundation, if he build not a faire &s;tructure upon it, for to begin in the Spirit and end in the fle&s;h; to &s;et out good wine at the fir&s;t and then that which is wor&s;e, is the Devills banquet: I am confident of my innocence, I have produced my evidence, let the Reader judge, and I appeal to the &s;earcher of hearts too; who will one day acquit me, and puni&s;h their uncharitablene&s;&s;e, that have condemned me by the mea&s;ure of my &s;ufferings, and nothing el&s;e; but I hope that God who in ju&s;tice hath laid on the burthen, will in mercy &s;till &s;treng|then my &s;houlders to &s;upport it, and what my prayers and endeavours cannot prevent, my patience &s;hall undergoe; yet let me crave this one thing at your hands, that if you finde herein, as <HI>Fe&s;tus</HI> did of <HI>Paul, Acts</HI> 25.18.19. <HI>That his Accu&s;ers &s;tood up again&s;t him, and could prove no evill accu&s;ation;</HI> you will with <HI>Pauls</HI> Judges (between your &s;elves at lea&s;t) &s;ay of this man, <HI>That he hath done nothing worthy whereof he hath been accu|&s;ed, Acts</HI> 26.31.</P>
<P><HI>Voluntas Dei &s;ecreta &s;it nunquam injusta:</HI> the cau&s;e why God puni&s;heth may be hid, but it is never unju&s;t, <HI>Therefore will I bear the indignation of the Lord, becau&s;e I have &s;inned again&s;t him,</HI> Nehem. 9.33. Mich. 7.9.</P>
</DIV3>
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<TRAILER>FINIS.</TRAILER>
<PB REF="79">
</DIV1>
</BODY>
</TEXT>
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</ETS>
