In this first observe, The Sentence is given so soon as 'tis begun; and before any matter shown to prove the Fact, Master Alexander is pronoun­ced guilty of a foul Offence, Practice and Misdemeanour; according to that Rule of Matchiavil, who adviseth to cast dirt enough in the face, and some will stick; to scandalize with many Reproaches, and the party, though never so innocent, shall not go away without some stain in his Reputation. Nor was the said Yates his threatning and terrifying of Wit­nesses therein mentioned the main wherewith the said Yates stood charged in that Suit wherein Master Alexander was Plaintiff against the said Yates and others Defendants, as the said Sentence unjustly recites; but the said Yates, in that Suit, was likewise charged with Subnornation of Perju­ry and Imbracery as well with that Charge, and which stands proved against him in that Suit.

To make this appear, you shall understand, that in Easter-Term, 19 Ja­cobi, Master Alexander preferred his Bill of Complaint in that Court of Star-Chamber against Owen Godfrey Esquire, for Perjury; John Yates, for subornation of Perjury, and for embracing of Jurors, and for tampering with and terrifying of Witnesses; and against Allan Lampkin, William Wacy and John Lawrence, Jurors by Yates embraced.

The Bill sets forth, that, About the the 30 of April, anno 14 Jacobi, Ma­ster Alexanders father, then deceased, did, together with one Edward Oli­fer, and for his onely Debt, cause three Writings to be made, purporting Writings obligatory, with penalties of 10 l. apiece, mentioned to be [Page 10]conditioned for the payment of 5 l. apiece to the said John Yates at three severall days: which being written, subscribed and sealed by the said Oli­fer and Master Alexanders father, were delivered into the hands of one Christopher Kirby, with him to remain as Escrolls, with this intent, That if the said Yates should deliver up into the hands of the said Kirby one Ob­ligation of the penalty of 40 l. conditioned for the payment of 24 l. wherein the said Olifer stood bound unto the said Yates, to be cancelled; that then the said Christoper Kirby should deliver the said three Writings into the hands of the said Yates, as the Acts and Deeds of the said Olifer and of Master Alexanders father; or otherwise not. And further set forth, that the said Yates did never deliver up the said Bond of 40 l. into the said Kirby's hands to be cancelled, but refused so to do; and therefore the said three Writings remained as Escrolls and void. That shortly after the said Kirby died; and after his decease, and after such time as the money was to have been paid, if the said Writings had taken effect, the said Yates, by some sinister means, gains the said three Writings into his hands, and put­teth the same in suit against Master Alexanders father, as if they had been his Deeds; who pleaed this especial matter, and concluded non sunt fa­cta: Whereupon, issue was joyned; but before the Triall Master Alex­anders father died, and made his said son his sole Executor, who proved the Will; and after, Yates commenced Suit against him as Executor to his father, upon the said three Writings; to which Master Alexander pleaded the same plea as his father had done before: And issue being joyned, the said Yates had three severall times taken out the Record of Nisi prius, and warned Master Alexander to a Triall, which he attended, to his ex­treme charge; but still Yates durst not trie it: Then Master Alexander took forth the Record, to trie it by Proviso; when the said Yates had secretly ta­ken the same Record out also: And now assuring himself that Master A­lexander would be secure, first, before the said Assizes, the said Yates, the more for to colour over the matter, laboured to have the differences put to arbitration: which being condescended unto, the Arbitratours met, and heard the differences; but did make no end: and presently after­wards, Yates endeavoured to have stollen a Triall of the said Cause, be­fore Master Alexander and his Witnesses should have come to Town, where the Assizes were kept; and the said Yates accordingly procured the same Cause to be called upon within an hour or two after Master Alexan­der came to the Town, altogether unexpected to Master Alexander: and the Cause so coming to a Triall, and the Issue being, Whether the said three Writings were delivered as the Deeds of the said Olifer and Master Alexanders father absolutely, or as Escrolls; Master Alexander produced five severall Witnesses, those whose names were subscribed as Witnesses to the said Writings, as others also present at the making and delivery of them to Kirby; and one of them being a reverend Preacher and the maker of the Writings, and the rest Gentlemen of good rank and quality; all which proved fully and clearly, that the same three Writings were deli­vered as Escrolls, in such manner as Master Alexander had pleaded: A­gainst which Yates did produce the said Owen Godfrey, who notwithstan­ding did depose and swear, that the same three Writings were delivered absolutely, without any condition. And albeit it was further proved by Master Alexander, that the said Master Godfrey was not present in the place [Page 11]when and where the same were so delivered as Escrolls, yet upon his one­ly Testimony this Lampkin, Wacy and Lawrence, being sworn upon the said Jury, and friends to Yates, and by him embraced beforehand, did draw all the rest of the Jurours to give a Verdict thereupon, for Yates, against Master Alexander, and against the truth: For which Perjury and Subor­nation and Embracery, and for Yates his tampering with and terrifying of Master Alexanders Witnesses, to have made them silence the truth, were the Charges of Master Alexanders Bill, and causes of his Complaint.

In Trinity-Term, 19 Jacobi, the Defendants answered.

In Easter-Term, 20 Jacobi, Publication passed.

In Michaelmas-Term, 20 Jacobi, the Cause was set down for hearing.

In Michaelmas-Term, 2 Caroli, the Cause came to be heard.

And thus it stood neer four yeers at hearing before it was heard; so hard a matter it was, in those days, to procure a hearing in that Court.

Then, to prove this matter of the delivery of the three Writings in manner and form as Master Alexander hath alleadged, and consequently, the direct Perjury of the said Master Owen Godfrey, see Robert Warren Clerk, li. A. fol. 23. to the 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 Interrogatories, who proveth it in these words:

That he was at the Prison kept by Christopher Kirby in Fakenham, upon the 30 of April, in the 14 yeer of His Majesties Reign (which was the 14 yeer of the Reign of King James) the Depositions being taken in his Reign) this Deponent being then in Durance in the said Prison) in the morning of which day the said Christopher Kirby came to him this Depo­nent into the chamber where this Deponent lodged, and gave him this Deponent Instructions to make and write four Writings, in three whereof the said Edward Olifer and one Jerome Alexander father unto the now Complainant, were to stand bound unto the said Yates in the penalty of ten pounds apiece, for the payment of five pounds apiece, at three severall days in the Conditions of the said Bonds of Writings specified, and the fourth of the said Writings to be entred into by the said Olifer alone, in the like penalty of ten pounds, for the payment of five pounds to the said Yates at a certain day mentioned in the Condition of the same. And when he the said Christopher Kirby had given him this Deponent Instructions for the making of the said Bonds, he willed him to make present dispatch of the writing of them, so that, as he said, the Complainants father was to come that afternoon to seal unto the same. And saith, that when he this Depo­nent had made an end of writing the said Writings obligatory, and hear­ing that the said Complainants father was come into the house, he this Deponent brought them down and delivered them to the said Kirby, whom this Deponent found in the Celler of the said house, where the Complai­nants said father, and the said Edward Olifer, and one Robert Dye, Peter Browne and some others were. And he saith, that the said Complainants father having perused three of the said Writings wherein himself and the said Edward Olifer were to be bound, he the Complainants said father and the said Edward Olifer did seal the same: and whiles they were ensealing, it being reported that the said Defendant Owen Godfrey was come into the said house, and was gone into the Parlour, the said Master Kirby made haste to go up to him; and being upon the Stayers, the said Jerome Alex­ander the Complainants father called to him and requested him to stay, [Page 12]saying, They would make an end ere they left: and thereupon the said Kirby came two or three steps down the Stayers; and staying there, the Complainants father and the said Edward Olifer delivered the said Wri­tings, the Complainants said father using these words; Master Kirby, we deliver you these Writings to remain in your hands as Escrolls, upon condition, That if Yates shall deliver into your hands a Bond wherein Edward Olifer stan­deth bound to him in 40 l. to be cancelled; then these Writings shall be our Deeds, otherwise not. With which manner of delivery the said Christoper Kirby found fault, and, using to call the said Jerome Alexander Master, said, Master, I like not these conditionall-Deliveries; I pray let me have it otherwise. And the said Master Alexander replied, Choose whether you will have them or no, I will deliver them no otherwise; for unlesse Yates deliver you the old Bond first, he shall have none of my Bonds; (or words to that effect) therefore I charge you that you keep these Writings in your hands untill that Bond be first delivered: with some other words of committing a trust to him in that behalf. Which being done, and the said Christopher Kirby hasting to see the said Owen God­frey, he carried the said three Writings in his hands up the said Celler-stayers, and thorow an Entry, and so up to the upper end of the Hall in the said house, neer towards the Parlour, he there delivered the said Wri­tings to him this Deponent, and requested him to set his hand to every of them as a Witnesse, saying, that the said Christopher Kirby should set to his hand afterwards well enough. And this Deponent further saith, That in the afternoon of the same day, after they had dined in the Parlour, he this Deponent brought down the said Writings, with this Deponents name subscribed thereunto as a Witnesse: and delivering them again to the said Christopher Kirby, being then in the said Parlour with the said Owen Godfrey, and the said Jerome Alexander the Complainants father, and one Matthew Lancaster, John Allen, Edward Olifer and some others: and this De­ponent laying the said Writings before him the said Christopher Kirby, sup­posing he would have subscribed his name unto them, the said Christopher Kirby first spake to the said Owen Godfrey then sitting at the Table, and the Complainants said father on the bench by him; and having used to call the Complainants said father sometimes Noble Master, and sometimes Wor­shipfull friend, spake to him by one of these terms, but which of them this Deponent now certainly remembreth not, and said, I would you would give us your hand to these Bonds, beginning to make relation of the businesse in some other manner and terms then the delivery of the said Writings was done and performed, in speaking to this effect, That the Complainants father and the said Edward Olifer had delivered them into his the said Chri­stopher Kirby's hands, to the use of the said John Yates. At which words, the said Complainants father stepped up, and, seeming angry, said, How? we have delivered them as Escrolls: if the said Yates shall deliver you Edward Olifers oldBond to be cancelled, that then they shall be our Deeds, otherwise not. And other sealing and delivery of the said Bonds or Writ­tings this Depondent saw not at that time, but nnely a Repetition of what was done before, in manner as aforesaid. And this Deponent saith, That after such Repetition was made, the said Defendant Owen Godfrey did, at the request of the said Christopher Kirby, set his hand to the said Writings; and when he had done, the said Christopher did then set his name unto them, and took them presently and locked them up in his Desk, which stood neer [Page 13]the lower end of the Table in the said Parlour. And more he cannot, to his now-remembrance, certainly depose the said Interrogatories; sa­ving that he saith, That the said Owen Godfrey was not in the Celler of the said house, where the said Writings were sealed and delivered, at the time of the sealing and delivery of the same; but was said to be then in the Parlour of the said house, which is three rooms distant from the said Cel­ler. And saith, That the said Christopher Kirby did keep the said three Writings in his hands after the said 30 day of April, in the said 14 yeer of His Majesties Reign, untill the time of his death; and he died on the 25 day of March, in the yeer of our Lord God 1617. And saith, That be­fore the said Kirby's death, all the days of payment limited in the Condi­tions of the said Writings were past. And this Deponent saith, That the cause which moved the said Christopher Kirby to detain and keep the said Writings from the said Defendant Yates, was, for that the said Yates refused to deliver in the old Bond of the said Edward Olifers to be cancel­led, as this Deponent verily believeth: and this Deponent is rather indu­ced to believe the same, for that the said Christopher Kirby, using many times to ride to Walsingham-Market and Burnham-Market, where he may times met with the said Yates, did, at his coming home, tell this Deponent and others, That he had made the said Yates and others acquainted with his the said Kirby's having the said three Writings obligatory aforementi­oned, and had offered to deliver them unto him, so he would deliver him up the said old Bond of Edward Olifers to be cancelled; but he said, That the said Yates did always refuse to deliver up the said old Bond, and there­fore he said, That he the said Yates should never have the said three Wri­tings; or to that effect. And besides, this Deponent being in company with the said Defendant Yates, after the death of the said Kirby, and after the said Yates had got the Writings into his hands and put them in Suit, this Depondent told him, that sure it was his the said Yates his fault that the moneys payable upon the said Writings were not paid unto him at the times limited in the Conditions of them, for that the said Yates had re­fused to deliver up the said old Bond of 40 l. and the said Yates then affir­med to him this Deponent, that indeed he had refused to deliver up the said old Bond, for that the said Kirby had not followed such directions as he gave him in taking security for his money due upon the said Bond of 40 l. or words to that effect. And this Deponent well remembreth, that he this Deponent was called by summons, with other Witnesses, on the Complainants behalf, to be at three severall Assizes, two at Norwich, and one at Thetford in the Countie of Norfolk, to have testified in the Com­plainants behalf concerning the said Writings, which tended to the Com­plainants said great trouble and expences. And saith, That he this Deponent was produced and sworn as a Witnesse in the foresaid Cause between the said Defendant Yates and the now-Complainant, at the last Assizes holden at Thetford, in and for the Countie of Norfolk. And saith, That he this Deponent was served with Processe to be at the said Assizes, and to testifie on the part of the now-Complainant; and there testified the truth of his knowledge and remembrance, giving such evidence, or to the same effect, as is mentioned and set down in this Deponents Answer and Deposition to the fifth, sixth and seventh Interrogatory. And saith, That the said Owen Godfrey was, at the said last Assizes holden at Thetford, [Page 14]produced as a Witnesse against the now-Complainant, by the said Defen­dant John Yates, in the said Cause concerning the said three Writings; and the evidence which he then and there gave to the said Jury upon his Cor­porall-Oath concerning the said Cause, was, That the said Olifer and the now-Complainants father did seal and deliver the said three Writings as their Deeds absolutely, to the use of the said John Yates, without any Con­dition at all, &c And saith, That some time before the said last Assi­zes holden at Thetford, the now-Complainant spake unto this Deponent, and told him, That he had brought down the Triall between Yates and him by Proviso, and would be no longer dallied with by the said Yates: and withall the said Complainant delivered him this Deponent a Subpena to be at the said Assizes: the said Complainant told him this Deponent, that the matter between him and the said Yates was put to the Arbitrement of John Marcoll and John Coot, and therefore prayed him this Deponent to be at Walsingham on the Saturday immediately before the said Assizes, where the said Arbitratours had a Meeting, whereat this Deponent was present; but no end could be there made. And he saith, that at the said Meeting the now-Complainant demanded of the said John Yates, Why he (being the Complainant) did not bring down the said Triall, but put him the said Complainant to bring it down by Proviso. And the said Yates his An­swer thereunto (as this Deponent now remembreth) was to this effect; Because he the said Yates would not be so troublesome to the Countrey, for that Thetford was a place where people could get no good diet nor lodging; or to that effect. And saith, That on Munday, being the first day of the said Assizes, between twelve and one of the clock the same day, he this Deponent and the now-Complainant came thither; the Complainant not thinking but that he might have had the Cause called upon when he would, in regard he had brought it down by Proviso: but when he came, he was told, that the same Cause had been called upon to be tried the first or second Cause; the said Yates having secretly brought the same down also, without the now-Complainants privity: But the Complainant was then told, that a friend of his had caused the said Cause to be put off till the afternoon the same day, in regard the said now-Com­plainant was not come with his Witnesses when the same was first called on, and so the same Cause was called on again in the afternoon the same day, and then it was tried, before the now-Complainant was full ready with his Witnesses.

• John Grout Gent. li. A. Fol. 106. to the 5, 6, 7, 8 and 37 Interrogatories.
• John Allen Gent. li. A. fol. 65. to the 33, 34, 35 and 36 Interrogatories.
• Matthew Lancaster Esq; li. C. fol. 1. to the 12, 13 and 26 Interrogatories.
• Edward Olifer, li. A. fol. 1. to the 5, 6, 7 and 8 Interrogatories.

These four Witnesses do prove the same things with the former Depo­nent Master Robert Warren Clerk; by whch the Perjury of Master Owen Godfrey rests cleerly proved without exception; and the carriage of Yates to have circumvented Master Alexander in that Triall, and to have con­demned him in his absence without defence, doth manifestly appear also.

And the Perjury being so cleerly proved, the Subornation of Yates is an infallible Consequent thereof. But to make it a little more cleer.

Thus much is deposed by

John Allen Gent, li. A. fol. 65. to the 36 Interrogatory.

To which this Deponent saith, That it hath been generally held and reported in and about the countrey where the now-Complainant and the said Defendant Yates lived, that the said Defendant Owen Godfrey was made and wrought by some of the said Yates his friends, to go to the last Assizes at Thetford, to testifie for the said Yates against the now-Complai­nant.

William Page, li. C. fol. 32. to the 48 Interrogatory.

To which the Deponent saith, That at the request of John Yates he went unto Master Owen Godfrey, and requested him to be at the Assizes, to deliver his Testimony between the said Complainant and Jerome Alexander the Defendant; telling him, That if the said Master Godfrey did not come, Yates could not have his cause tried. The said Master Godfrey answered this Deponent upon his speech with him, That he could not come, and that he could do the said Yates no good in the said triall, because it was so long since the said Bonds were delivered, that he did not remember how they were delivered.

And yet afterwards he was procured to come, and to depose falsly, which must be by some stronger perswasion and means used by Yates then before. All which being added to the grosse perjury of the said Master Godfrey left not Yates excusable of the Subornation of that Perjury, which tended to his onely advantage.

Then there was this Testimony to prove the Imbracery.

John Chapman, li. C. fol. 35. to the 54 and 56 Interrogatories;

Saith, That upon some speech with Allan Lampkin one of the Jurours concerning the said Triall, the said Lampkin said to him, that the said Yates should lose much money if the Triall passed not with him: which shewed how he stood affected to Yates his part, and was a giving of his Verdict before hand.

Richard Brampton, li. A. fol. 54. to the 19 Interrogatory,

Saith, That on the Saturday next before the Assizes (being the Assizes in which the said cause was tried) one Allan Lampkin, who was one of the Jury summoned to appear at the said Assizes, for triall of the Issue then to be tried between the now-Complainant, then Defendant, and the now-Defendant Yates, then Complainant, came to the Deponent, who was likewise returned of the said Jury, and did ask when he meant to go to the said Assizes: and this Deponent answered him, That he meant to go next morning; saying, That if he were there any time before noon, it would be time enough. Whereto the said Lampkin replied, That he would ride away to Thetford that night, and wished this Deponent to ride with him, saying, That the said Yates had brought down the Writ of Nisi Prius, as well as the said Alexander, and that he would have the matter tried at the first sitting, if he could, in the morning, if he could; and with­all intreating this Deponent that he would say nothing thereof to the said Alexander, for that Yates would not that he should know thereof by any means. To 22 saith, That after the Evidence given to the Jury at the said Assizes at Thetford between the now-Complainant and the now-De­fendant Yates, the said Allan Lampkin being one of the said Jury, did, so soon as the Jury were gone together to consider of their Evidence, use [Page 16]these speeches, (viz.) Masters, we must finde for the Complainant, (meaning the now-Defendant Yates, who was Plaintiff in the said Action) and therefore do what you will, I believe none but Master Godfreys Testimony; and here will I lie, if ye finde not for Yates. And thus Wacy and Lawrance his companions, out of spleen to the sai Complainant, would be of the same mindes; and these drew the rest of the Jury to give a Verdict in that cause for Yates, against the truth. Others also testifie the same carriage by these Jurours.

Upon all which matter it doth appear, that Yates his terrifying of Wit­nesses were not the main charges of the Bill, as the Sentence relates. And by this also it doth appear, that Master Alexander had fully proved the Perjury, Subornation and Imbracery.

But Master Owen Godfrey the Perjurour died before the hearing of the cause, and therefore the suborner Yates could not be fined for the Suborna­tion: yet by this it doth appear, that the said Complainant had more then probabilem causam litigandi, and therefore ought to have paid no costs, &c.

Whereas tis alleaged, that onely two Witnesses were produced at the hearing, those mentioned in the Sentence, to prove the said Yates guilty of that offence of terrifying of Witnesses, it followed upon this, that Ma­ster Alexanders Counsel, to whom the managing of the Cause at the hear­ing was left, and as is usuall in like cases, they began to prove that Charge against Yates the first; and they called for the Testimony of those two Witnesses onely to be read: which being done, the L. Coventry would hear no more proof to that point, nor other charge of the Bill to be proved, and so presently moved the Lords to go on to the Censure of Yates, un­dervaluing the cause as petty, and almost not worthy consideration, which shewed his preparation; and thereupon Yates was fined in a hundred Marks onely, whereas, if his Lordships patience would have heard the cause full out, this very charge would otherwise have been punctually [Page 17]proved, if the Deposition of John Warren had been set aside. As first, hear the Deposition of Robert Warren Clerk, to this Charge.

Robert Warren, li. A. fol, 23. to the 17 Interrogatory.

Who deposeth, That on the Saturday next before the Assizes 'at Thet­ford, the Deponent being at Walsingham, where the said Cause should have been ended by Arbitration: and having there, before the Arbitratours, given his testimony by speech, as this Deponent hath related in his An­swer to the 5, 6 and 7 Interrogatories; the said Defendant Yates came to­wards him this Deponent, and with menacing words, to this or the like effect, said, That if this Deponent should swear so much at the said As­sizes, he would have him and his Oath known, or else it should cost him a sum of money, 40 l. or 100 l. &c.

John Coot, li. B. fol. 2. to the 32 Interrogatory,

Saith, That Master Warren, in the Interrogatory named, at the afore­said meeting of the said Arbitratours, did protest upon his faith and credit to the said Arbitratours, That the said three Writings in the said Bill of Complaint specified, were delivered at Christopher Kirbys house at Faken­ham, in the Celler there, upon the day of the date of the said Writings. (in manner and form as formerly alleadged, &c.) That thereupon he did hear the said Yates say unto the said Master Warren, That if he should say so much upon his Oath, then he would make him and his Oath known, &c. Which is a direct Proof, with Master Robert Warrens Testimony, to convince the said Yates guilty of that Charge of terrifying the said Master Alexanders Witnesses.

So that it is observable, that Master Alexander needed not to have helped John Warrens Deposition for proof of this Charge, there being two Wit­nesses besides him expresse in the Point; for, What need a rich man be a thief? And you may observe, that two Witnesses was conceived suffici­ent by the Court, for to convince the said Yates guilty of the said offence, as is proved by the very Sentence it self; and the Court would hear no more; which was Master Alexanders unhappinesse in this particular.

Nay, if John Warrens Depositions had been made use of, wherein he stood clear and without exception, it had further proved the same Charge against Yates: and for this, observe what he hath deposed,

Lib. A. fol. 122. to the 46 Interrogatory.

Who deposeth, That he being in the Faulcon-yard, an Inne in little- Walsingham, and seeing the Defendant Yates there, went to him, to speak with him about fourty shillings that was remaining due from this Depo­nent unto the said Yates, of a debt of 14 l. or thereabouts, for which the said Yates had had a Judgement against this Deponent, and all thereof sa­tisfied but the said 40 s. for the payment whereof, this Deponent entreat­ed the said Yates to spare him this Deponent for some short time: and then the said Yates did request and importune him this Deponent to per­swade his this Deponents brother, Robert Warren, to be sparing in giving his evidence against the said Yates at the Assizes then following, in the Cause between him the said Yates and the said Complainant: And if this Deponent would so do, the said Yates promised him this Deponent, that he would deal well with him for the aforesaid Debt due unto him, and would do this Deponent a greater courtesie. And this Deponent saith, That since that time, the said Yates meeting with him this Deponent [Page 18]in Walsingham-Market, told him, That he had been untowardly paid the debt which this Deponent owed him: And said withall, That he did hear that this Deponent should have gone to London the Term before, to have been a Witnesse against him the said Yates, in the Cause between him and the Complainant: but if this Deponent had gone, he saith he would presently have remembred him this Deponent therein. This Deponent thinketh his meaning was, He would have renewed his Execution against him this Deponent. And this Deponent further saith, That one Luke Banks Clerk, understanding that he this Deponent should have gone for London the last Term, to have been a Witnesse for the Complainant, did wish him this Deponent not to stir his foot thereabouts, alleadging many dangers might ensue upon it: Whereupon, this Deponent did not go to London that Term to be a Witnesse for the Complainant, although he this Deponent was lawfully called by the Complainant thereunto.

Whereby it further appears, That albeit the said John Warrens testi­mony to the 39 Article had not been made use of at the hearing, yet to this 46 Article he testifies as much as proved Yates guilty of terrifying and tampering with Witnesses to conceal the truth: And so three Witnesses clearly concurring in the point of this Charge against Yates, without all ex­ception; which the said Lord Coventry, ex Officio, and according to the duty of his place, ought to have caused the Kings Coucell to have perused and looked into the proceedings, to see if there had been matter and proof sufficient within the Books, to have continued the Fine set upon Yates for the King, notwithstanding any other miscarriage in the businesse whatso­ever, if there had been any: Which he was so far from looking after, as it was his onely strife and labour which way and how to fasten this miscar­riage of Neviles upon Master Alexander, and thought upon nothing else: which endeavours to ruine him had another Rise, if it were pertinent to this purpose to be here inserted.

And from all this that hath been said, it will not be denied, but that, if Yates had been dismissed, (as he ought not to have been, without censure) yet then Master Alexander was to have paid no costs.

This then is the first Complaint of Master Alexander against the Dismis­sion of Yates, That Yates was dismissed against pregnant proof, and such as satisfied the Court of Yates his guiltinesse of terrifying of Master Alex­anders Witnesses, if it might have been received; and was desired and pressed by Master Alexander to have been taken into consideration, after this question did arise; which the Lord Coventry slightly passed over without regard, and so awed Master Alexander and his counsel, that they, perceiving what he went about, and the Officers of the Court labouring by all means possible to take off the offence from one of their Members the said Nevile, and it being the Court whereunto his counsell applied them­selves for practice, not one of them would be feed to speak a word: and whatsoever Master Alexander pressed in his own defence, was misinterpret­ed, and an ill sense endeavoured to have been put upon, it and upon what­soever he spake for maintenance of the Cause and clearing of his Inno­cency.

The next Exception taken by Master Alexander to the Dismission, is this, That 136 l. costs was taxed against him, to be paid unto the said Yates [Page 19]upon that dismission, by the said Lord Coventry, whereas no costs were awarded against him by the Order of the Court; and whereas by the course of the Court, he rather was to have had costs, then to have paid any costs: For which observe the Bill of Costs it self; and first its title.

To this Bill of Costs Master Alexander hath these just Exceptions:

First, he leaveth it to judgement, if the Defendants Attorney in that Suit, who drew it up and presented it, did give a clear and fair title to this Bill of costs or not: for, by the Testimony and Evidence aforesaid, it appears, that the Complaint was neither wrongfull, unjust, vexatious, malicious or slanderous, the Perjury, Subornation, imbracery and threat­ning and terrifying of Witnesses being so fully and clearly proved as be­fore.

Secondly, it appeareth, that in the Bill of costs he setteth down in the foot the totall thereof to amount unto 191 l. 19 s. 6 d. whereas, re vera, and in truth, the sum is but 162 l. 17 s. 6 d. being rightly cast; so that he sets down 36 l. 2 s. more in his totall, then is contained in his particu­lars: And this, I may be bold to say, was not well done, nor according to his duty; for by this means the greater costs were allowed unto the Defendants.

Nor is this all the injury done to Master Alexander by this Bill of costs; for there are many unwarrantable particulars therein also inserted, no ways to have been demanded or allowed: for there is set down of this for the Defendants very travelling-charges and expences, 76 l. 13 s. 4 d. and of his, 3 l. 6 l. 11 l. and 16 l. set down spent in a Term; when, after the first Temr of their appearance and putting in of their Answers in Court, their defence was made by a Sollicitour, who, at most, had not above 10 s. a Term for his pains: Besides, they were Yeomen, and not of any quality, that they should be so lavish in their expences.

Nor is this all; for in this Bill of costs there is also set down for coun­sel-Fees and their Clerks Fees 46 l. 3 s. 4 d. or thereabouts, and 4 l. 5 l. 12 l. set down for counsel-Fees in a Term, when nothing is said to be done but perusing of Books and attending at the Bar; whereas, according to the nsuall course of all Courts, the Client, Plaintiff or Defendant recover­ing [Page 23]or being dismissed upon his Bill of costs, is but to insert, and ought not o be allowed more than 10 s. for a Counsellours Fee, and but for one counsel in a Term; if he retains more, or rewards them better, it is of his own superfluity, and for his own dispatch: and all this 130 l. was demanded, upon the matter, but for nine Terms proceedings, For though it be true, that the Cause depended 24 Terms; yet in 15 of those Terms nothing was done wherein counsel was used, as it doth appear by the Bill of costs it self.

The Attorneys of this Court, when they did enter into their Offices, did take a solemn Oath to behave themselves justly towards His Majestie and all His loving subjects: and that it was one part of their duties in their places, to have drawn up Bills of costs for their Clients after Sen­tences and Dismissions, wherein they ought not to have exceeded their bounds and moderation, without the subjecting themselves to the danger of censure: so when these Ministers of the Court did transgresse, and go beyond their rules and limits, it was no warrant to the said Lord Keeper, in whom the oversight and controll thereof did onely lie, thereupon to do injury to any other: Through nescience it could not be, cannot be pre­sumed done by negligence, especially being at the first entrance into his place; for some other reason then it was, which I must leave you to ima­gine. Moreover, it was the course of that Court, in all cases, that where the Defendants, or any of them, were proved guilty of the crimes and offences charged in the Bill, albeit, in respect of some intervenient acts, it so fell out, as that they could not be sentenced (the same not being an act of the Complainants own wrong) in such causes; albeit the Defen­dants were freed from censure, yet did they usually pay the Plaintiffs their costs; as in the case of one Tunstall, and of one Allen, in that Court, a citizen of London, who had a Bond from the friends of one of his Ap­prentices in 40 l. conditioned for his said Apprentices truth, and faith­full carriage of himself in his Masters service; and this 40 l. was placed in the Bond in figures: And the Apprentice imbezzelling more from his Master then the Penalty would satisfie, he added a cypher and made it 400 l. and upon that brought his Action; for which, a Bill of Forgery was preferred against him in the Star-chamber: and upon a solemn debate and hearing of the cause, albeit it was adjudged to be no forgery, but did onely make void the Obligation, and so left him remedilesse to recover any thing upon than Bond, and therefore the cause dismissed; yet the truth and allegation of the Plaintiffs Bill apearing to be proved to the Court, he was adjudged to pay the Plaintiff his costs: And so in many other cases of like nature it hath been done in that Court.

And whether Master Alexanders case be not much better proved against the Defendants in his Suit of crimes censurable, the act of God onely preventing the punishment of the Perjurour, and thereupon the Suborner onely cleared of that charge, and the other charges of the Bill against the other Defendants, confessed in the Sentence to be proved by single Testimony: And it appearing, that there was sufficient matter in the Books fully to have convicted the Defendants guilty of the crimes laid unto their charge, and was not Master Alexanders fault that they were not heard. Thus far he leaveth it to be rightly considered how he was dealt withall in this Dismission with costs.

Besides, as the case stood, he conceiveth the matter extraordinary, it was not in the power of the said Lord Coventry, as upon ordinary dismissions, and matters of form, to have taxed any costs, without an especial Order af the Court, for which he had none.

And when you shall peruse the Order of Dismission, which followeth, and which was all the Ground and Warrant for taxing of this Bill of Costs; if you shall be but pleased to remember what hath been proved before, you will understand it to be the forerunner of the resolved ruine intended towards Master Alexander in that matter, stufft with apparant untruths, and making way for that which after followed. The Order followeth.

From all that hath gone before, judge how and by whom that Honon­rable Presence were then misled to sentence the said Yates, as that Dismissi­on mentioneth; or rather, if they were not more misled by the said Lord Keeper Coventry to dismisse the said Yates, and clear him from a Sentence under which he was restrained, upon such a bare supposition of an offence supposed done by M. Alexander nothing to the purpose, & never intending or minding the busines of his Master, the Kings Majesty, by all clear means to have supported and maintained the Sentence as he ought; and whose duty it was to have given all encouragement to such as nothing for their own advantage, but for the love of justice and good of the Common­wealth so spent themselves and their fortunes, to bring Delinquents un­to condigne punishment, for examples sake, that others might not dare so for to offend.

But he thought a worm soon crushed under foot: and Master Alexander being then but new entred into the world, and daring to question such a man as Master Godfrey, son and heir to Richard Godfrey, that famous Law­yer in his time, of Lincolns-Inne, but a Popish Recusant; and his son be­ing allied and befriended in that Countrey where your Petitioner dwelt, to all the great ones, it is no hard matter for any man to believe; and for that reason to conceive, that Master Alexander could not want adversaries. Besides, it was a fault in those times to be too forward, though in zeal to justice, and for the good of the Common-wealth, if such a man were toucht upon: and when such as Master Alexander, that would not comply with the times, twas high time to take occasion to rid them out of the way. But observe this untruth alleadged in the Order. To begin withall, it saith, The words ( that and did) were blotted out in two places of the co­pie of the said John Warrens Deposition, which they alleadge not in their whole proccedings, either before or after. But to proceed with the Sentence.

This needs little other Answer then what hath preceded, That it can­not be presumed that Master Alexander would do such an act, which both the Paper-copies of the Defendants Depositions and the Record it self must infallibly have controlled in Court, as it did: Besides, it had been a sottishnesse and stupidity in Master Alexander to have done this act, which, for the reasons aforesaid, could in no measure have turned to his advan­tage: which being carried along to the end of the Case, will make it luce elarior, it was na opportunity purposely taken to destroy him, for which there had been many attempts made and plots laid before; and the good God, that hath been evermore his Deliverer, delivered him out of those also, though evermore upon the pits brink, that he might look up to his Defender, and foresee the like dangers and avoid them; which, as this case was, was not possible for him to do: but, by that which followed up­on it, it proved a greater mercy, though intended to him for a misery and his destruction; which is neither proper for, and would be too long to re­late in this Discourse.

Again, it is not denied but that a mark weas made in the margent of that Paper-copie, like an hand or finger, pointing to the words, intimating something to be done concerning them; which no man, in his wits, would have made in that place, if he had intrended to have made use of it for an advantage by obscuring it at the hearing.

Besides, Master Alexander well understood the course of that Court, and of all Courts of Justice, that the said Deposition must be publikely read in the face and view of all the Officers of the Court, and therefore not possible to be concealed from discovery: And the practice of that Court and of all Courts of equity is, that both parties having like co­pies of the same Depositions, it is the constant practice of the Attorneys of both Parties, Plaintiffs and Defendants, that whiles the one reads unto the Court, the other observes what he reads, out of his own copie, to pre­vent mistakings, and thus to bring just things certainly into Judgement.

Nay, if it had not been a thing plotted and reserved meerly for the means of Master Alexanders ruine, Why did not Master Jones, his own Attorney, in reading it unto the Court, make that observation thereof, as it was his duty to have done when he came unto the place? And if the Proverb be true in any thing (that To excuse is to accuse) it was never more rightly verified then in this, for that it doth appear by the very Sentence it self that Master Jones desired of the Court that he might be sworn, to purge and clear himself in the busines, when he was not then at all charged with any wrong doing: And why should Master Hooker the said Defendants At­torney, [Page 27]who had made so fair a Bill of Costs as before, in his Clients be­half, now put himself further to be examined also in the matter, so dif­fering from all the rules of that Court, whereof sure he could not be ig­norant; and was not so candid for him of all the rest to have been done, being the Defendant; Attorney, and therefore should rather have forborn to have medled in it, if to have avoided all suspicion of partiality.

And as it is altogether improbable to have been done by Master Alex­ander; so, if it had been done by him, (as it was not) yet was it not a matter so criminous and capitall, as that it deserved a Censure in it self:

For first of all, it was but the Paper-copie of a Record, which Master Alexander might have burned, rased, defaced, interlined, written in and done with it what he pleased, without offence: and he doth appeal to all that are of that Profession, if daily and hourly they do not so use their Clients Paper-copies of Depositions, by drawing lines and crosses, and writing in them, and yet was it never heard that any man before Master Alexander hath been questioned for any such doing, in case he had done it: But, some men had better steal a horse, then another man look over the hedge.

Again, Paper-copies of all Records, when they are produced as Evi­dences at any hearings and trialls of causes, are no further credited and authentick then they stand clear and unsuspected, and that this clearnesse to be made appear; for before they be made use of, commonly they are first deposed to be true copies of such Records whereof they are copies; which shews them to be of no force nor to be used, untill they be thus justified in themselves: and if at any time they passe for currant without this attestation in those Courts where they are Records, it is because they seem to be warranted to be truely copied under the hands of their own Clerks and Officers still, and sent in Court with the Record thereof, and which are sworn to be faithfull in their proceedings, and still ready with the same Records to justifie the same upon all occasions. In whom then was the offence, to reade and make use of such a Paper. copie which was in any thing suspicious? and how frequent a thing is it in the course of practice of oftentimes to meet with suspected Records, and with like Depo­sitions and Evidences? which if the party justifies not, or is not able to make good, are onely rejected and set aside, without more ado, and made no use of. And if the same Deposition upon question had been justified by Master Alexander for aright copie, he had been worthy of censure; but you see there is no such thing in this Case, nothing made appear that he ever did or desired to make use of it; his counsel onely called to have that Deposition read, which they might have omitted, had they pleased, there being other testimony sufficient besides to have proved that Charge.

And again, if Master Alexander had been guilty of the doing it, (as he was not) yet it is not a thng censurable. The common-Law doth punish offences of this nature no otherwise then with the losse of the be­nefit of that thing thus altered, or which might have accrued to the party by it in case it had not been altered: for whatsoever Obligations or other Deeds, which by any misfeazances, ex post facto, become void, as by in­terlineation, addition, rasure, or drawing a pen thorow the midst of a word, by these ways such Deeds are all become void; but no other punish­ment inflicted by the Law for these transgressions, but with the losse of [Page 28]the fruit and benefit of such Deeds, which is punishment sufficient of it self; and for to adde another affliction, were against a Rule of Law, viz. to punish a man double for one and the same offence: as in Matthewson and Lideats Case, in the Lord Cooks fifth Reports, fol. 25. Whelpdales Case, in the fifth Reports; and Pigots Case, in the eleventh Reports, fol. 27. where there are any other yeer-Books put for confirmation of this truth, and to prove the Law to be thus in his Case: And the Court of Star-Chamber have accustomedly followed and imitated the Rule of the common-Law in like cases; and against whom Bills have been preferred there for like offences, the parties complained against have been dismissed, though the offences proved as in the Cases before cited of Allen and others: So that in this case the Peitioners Dismission and losse of that Testimony had been the usuall punishment; but the losse of the fruit and benefit of his Suit had been too much: but to be censured for this as an offence in him, without proof of guilt, is without President or Example.

This part of the Sentence, being but a repetition of much of this mat­ter alleadged in it before, hath received an Answer: onely my Lord Kee­per Coventry his forwardnesse to charge Master Alexander and to discharge Yates is observable; and that albeit Yates were sentenced by Order of Court, and in custodie, yet out of Court he caused him presently to be discharged, upon this bare Allegation, without ever calling or hearing Master Attorney-Generall, or any the Kings Councell, or Master Alexanders counsel, what could be said more for the King to maintain the Sentence. And you shall not afterwards finde, thorowout the whole carriage of the businesse, that the Lord Coventry did ever so much as move any thing for the King, or against Yates, but presently dismissed him and the other Defendants with 100 l. costs, and with such a manifesta­tion of their clearnesse, as if they had been the most innocent men alive, when the contrary cleerly appeareth in the Books as before: and so the Register of the Court in drawing up the Order of Dismission, clears the Defendants, and asperseth Master Alexander what he can. And Master Jones Master Alexanders own Attorney labours what possible he can to lay [Page 29]this as a fault upon Master Alexander; but did never any thing of his Du­ty for the King, or for his Client; all the Officers of the Court drawing in a line together, and making way to destroy Master Alexander by the Sentence to follow, which they were resolved upon from the first, as these things do manifest, and make it to appear: And by this, the mislea­ding in the Case doth appear to be on that side, when thus, against all right and rule, and all ordinary and common respect whatsoever, much more, to have been used towards a man of the same Profession, whose credit his Lordship therefore should have the rather endeavoured to have preserved, then in the very Bud of his coming forth into the world to have nipt him off and crusht him to pieces, preferring the condition of a company of poor and base Mechanicall wretches, not worthy his know­ledge before Master Alexander, with whose Breeding he was well acquain­ted to have had the same foundation and beginning as himself, and with as good hopes to have attained the end of his Profession as any other of his time, had not he determined that expectation by this his unjust pro­ceeding against him.

Be pleased to observe, that all this interlocutory-Discourse is but a bare repetition of this Conference, without proof or confession, and there­fore unwarrantably entred into the Sentence, and against all the rules of proceeding in any Courts of Justice whatsoever. Howsoever, it shews thus much in the first place, that when such things as these were suffered to be stufft into the Sentence, and to passe for currant, tending to the utter ruine of a man, Who could withstand distruction, being in the hands of such adversaries? and who will not conclude of the injustice that was done him? The truth is, Master Alexander went then to Jones his Stu­die in Grays-Inne, being his Attorney, thinking to have had the Sentence drawn up against Yates, not suspecting any such action to have fallen out in the interim, after the hearing of the Cause; where he found these two [Page 30]Attorneys Jones and Hooker together, consulting, as it doth seem by the sequel of their actions, how they might fasten this miscarriage upon Ma­ster Alexander: and Master Alexander desiring to have the Sentence drawn up against Yates, they told him, It could not be; and then expressed the Reason, which as it was sudden and unexpected, so it could not but drive him into wonder and admiration; which rather expressed his innocence, then any ways declared his guilt, to which purpose they endeavour to wrest it. And the Books and Breviats having lien above three yeers be­fore, ready and prepared for the hearing, unseen by Master Alexander to that time; for nevile his Sollicitour had them in his custodie a long time together, before the hearing, and managed them in Court; (and whether the Charge be true or false, Master Alexander must onely take it upon their credit) for he was never admitted to see the Book in which this Charge is mentioned to be done to this hour, albeit he hath diversly en­deavoured for to attain that favour and justice. Nor maketh it for their purpose, if his Answers were doubtfull to their Question, of whom he had the Books; for the memory is not always so trusty and ready, that upon such a sudden surprisall it can resolve the Demand; it must be a work of Recollection that pofitively determines of things so long before­hand acted. Nor was it materiall from thomsoever the Books were re­ceived: and in that time of necessity they must passe many times from hand to hand, to make such preparation out of them as were fit to be made use of by Counsel and other2ise, at the hearing; all which was done immediately after publication, above three yeers then before: But the matter was, Who committed that offence which Jones and Hooker were thus conspiring together how to fix upon Master Alexander, and therefore laboured to entrap and entangle him in his talk, which no fair practiser, I had almost said, No honest man would have endeavoured against his Client, nor no Attorney that had respected his credit, where his credit was no more concerned in it then Master Hookers. Then as for their going all together into the Examiners Studie to view the Record if it were so, shews, that all parties were doubtfull how the Deposition stood; What inference can be then drawn from thence by any in different judgement, in the least therfore to suspect Master Alexander guilty of this Accusation? but serves to excuse him rather, that thus laboured to be truely informed the first how it should come about: and that Master Alex­anders first vows and imprecations, as they are pleased to call them, pas­sing in their discourse together, when they thus lay in wait to have intan­gled him in that conference (if to be so as they alleadged, which was ne­ver confessed, or proved by them) and that matter which Master Alexan­der hath at severall times declared upon his Oath for his own acquittall, are not so contradictory, diverse, or usefull to their cause, that any thing can be drawn from thence to make good the charge against him. And when that Point shall come to be cleared which is further contained in the Sentence concerning it, and which Master Hooker hath deposed, Master Alexander shall give it a satisfactory answer. The Spirits of the men too may be observed, in this their Relation, towards Master Alexander, how far they are transported even with contempt to his person and quality, standing in an equall degree with them every way, both in Birth and Fortune, that hath no so much addition given him by them as is due to [Page 31]a Gentleman, whiles themselves are carried thorow with additions that become men of rank and estimation.

6. YEt afterwards the said Alexander, desirous and plotting how to excuse himself of defacing and blotting out of the said two words (that and did) out of the copie of the said Deposition, and to lay and fix it upon the said Henry Nevile one of Master Jones his Clerks, on the morrow after, being the 26 day of October last, came into the Star-Chamber-Office in Grays- Inne, and be­fore Matthew Goad Esquire, Deputy-Clerk of this Court, being sworn upon the holy Euangelist, did make a voluntary Oath and Affidavit, That he having re­tained Master Jones for his Attorney, and Henry Nevile, to take care and solli­cite his said Suit; and the Cause coming to publication, the said Nevile undertook to procure for him the said Alexander the copies of the said Depositions taken in that Cause, and for that purpose not onely receivedy the Fees and Duties for such copies as he had procured for him the said Alexander, but likewise had extraordinary re­ward and satisfaction for his pains therein: and that he said Nevile went with him the said Alexander to the Examiner Office of this Court, and there procu­red other copies of Depositions belonging to this Cause, which were delivered to the said Alexander, in the presence of the said Nevile; amongst which was con­tained the Deposition of the said John Warren. That done, he repaired with the said Books to Master Hudson, being of his Counsel, to be advised, and to pe­ruse the same Depositions: All which Depositions being perused accordingly, as­well of the said John Warrne, as to the rest; and his said Counsel concerning the said John Warrens Deposition to the 39 Interrogatory to be something doubt­full, he made a mark in the margin thereof, and wished the said Alexander, for his better satisfaction, to go and get the same examined in the Office, to see if the same Deposition were truely copied: And that accordingly the said Alexander repaired therewith to the said Nevile, and informed him what his Counsel had directed for examining the copie: and the said Nevile took the said Deposition of the said Alexander, and carried it to the said Examiners Office; but the Ex­aminer not being within, the said Alexander did leave the said copie of the said Deposition with the said Nevile to be examined, promising him satisfaction and content for his pains: And shortly after, the said Alexander called unto the said Nevile for the same; who told him, that he had examined the said Warrens Deposition in that point with the original, and that he had then made it to agree with the Record; and so delivered the same back again to the said Alexander, with the two words (that and did) rased out in the said John Warrens Depo­sition, as now it was in the said copie: and after that, the said Alexander protested up­on his salvation, That the said sever all words (that and did) were in the said Warrens Deposition fair written, when he delivered the same into Neviles hand; and that the said words were rased and blotted, as they then were, when he received the same back again from the said Nevile; the said Nevile shewing the same to the said Alexander, and said, That he had made it to agree with the Record. And the said Alexander protested and affirmed, That the same was not blotted out, ei­there by him, or any other to his knowledge, other then by the said Nevile as afore­said. And the said Alexander deposed, that the said Nevile was entrusted with the care and charge of the said Cause: and having taken upon him to draw the Bill and part of the Interrogatories, and took upon him the managing and solliciting of the said Cause; and, over and besides what he had received, he moved the said [Page 32]Alexander to promise him further satisfaction after the hearing of the Cause. See the Sentence, fol. 3.

This being but the Recitall of Master Alexanders Affidavit first made for clearing of himself, in nothing being yet alleadged thus far on in the said Sentence for to impeach it in any thing, I shall say nothing thereof more, till I shall finde it questioned, and then will justifie it for the very truth, against all opposition to the contrary whatsoever.

There hath been something said before concerning Master Jones his carriage in the particular of his thus offering himself into purgation, be­ing no ways accused: But I see such wise men as himself may sometime over-act their own parts: for if this be true that he hath sworn, he hath shewn a great deal of remisse carriage in the managing of his Place and Office; at least, that would refer the care thereof onely to his Clerks, and receive his Fees and do nothing for them. But, if it had been mate­riall, I could have put him in minde that he had all the Books by him in his Studie one whole long Vacation, which promise to have perused them, and did affirm to Master Alexander he had so done, and then de­clared his opinion of the proofs; and some of the copies of the Depo­sitions taken by Commission in the Countrey, were copied in his own Office, and his hand to the Examination. But to let that passe as imper­tinent: I hope he hath now recollected himself better in this time that he hath been an Oxford with his Majestie, as Master Alexander is informed. But, to examine his carriage towards his Master the King, and towards his Client Master Alexander in this particular in that time, be pleased to cast an eye upon the Oath which the Attorneys of that Court, whiles it was in being, did take at their entring into their Offices: and surely himself, amongst the rest, took it for me.

It was further also contained amongst the Rules and Orders of that Court concerning the Duties to have been performed by the severall Offi­cers in their severall Places, and amongst the rest, That the Attorneys of that Court were to look that their Clients causes were duely prosecuted to the hearing, without advantage: and that if they should be pressed by any Rules or Orders which might prejudice their Clients in their cau­ses, they were to inform counsel, to move the Court therein: they were also to write the copies of all Bills, Answers, and of all Pleadings and Examinations taken in the Countrey by Commission for their Clients, To prefer their Clients causes to hearing, To read all Acts, Evidences and Depositions before the Lords, To urge for their Clients, and after hearing, To draw up Bills of Costs for his Lordship the Lord Chancel­lour or Lord Keepers Taxations, and present them.

And whether Master Jones or Master Hooker have performed their Du­ties herein required, either towards His Majestie, or ther Court, or Ma­ster Alexander, by this prospective you may perceive them, though at this great distance. It is agreed, he read this Deposition at the hearing, for so it was his duty to do: and had he then behaved himself justly towards His Majestie, the Court and his Client, when he perceived the said De­position to be marked in the margin, and so blotted in these words ( that and did) if they were so, as of necessity he must do, if his eyes were matches; had he then informed the Court thereof, as it was his duty to have done, and the proper time, the most that could have followed upon it had been but the setting aside of that Deposition as uselesse; and then Master Alexander could not have been denied to have made use of his other testimony, to have more fully proved that Charge, and by conse­quence, the Sentence against Yates had been continued, Master Alexander had not been destroyed, nor had any prejudice happened to any man in the businesse.

Or if, when after this accident had fallen out, meerly through Master Jones his voluntary omission and the neglect of his duty (if there were no more in the businesse then so) and that Yates was censured; yet then it had been a part of his duty, in that case also, further to have enquired in­to the main body of the Cause, aswell to have maintained the said Cen­sure against the said Yates, for His Majesties benefit, and the common good, and justice of the Kingdom, as for the clearing of his Client: But he was, you see, so far from doing this, as nothing appears in him to be done afterwards, but a meer joyning together with Master Hooker and Master Alexanders adversaries, to lay and charge this offence upon Master Alexander, to undo him: An Attorney worthy to be registred unto poste­rity, for an example of fidelity in that wherein he was entrusted: And, were no Master Alexanders Witnesses now dead, after this long time of that action, he could have proved thus much more, to have added to Ma­ster Jones his everlasting memory of his service in this particular to his Client, that, Immediately upon the first Rise of this question, he was pleased to make this Protestation, That he would spend all his Terms gains, but that he would fix the fault and blotting out of those words up­on Master Alexander: (and judge if his proceedings afterwards did not make him as good as his word) for which Master Alexander hath cause to thank him for his zeal, that he would help him unto Justice, were it right or wrong.

We have a Rule in Law, That in matters of contract between man and man committed to writing (clausulae inconsuetae semper inducunt suspiti­onem) to adde unusuall and unaccustomed Clauses, do beget suspition: and it hath been found by experience in common practice, That as the de­vil, when he intends to play a master-piece of deceit, will then transform himself into an Angel of light: so he that is about to cozen most, will use the most goodly and specious pretences of all the rest: but, By their works ye shall know them.

We use to say also, That Generalls conclude nothing: How then is it possible to pronounce a man innocent and clear from the least suspition of being privie or consenting unto a thing wherein he hath acted, or was his duty to act, before all parties therein concerned were heard for to object, and this upon no other thing then the Oath of the party himself? If Master Alexander had had the same justice, at the same time, in the same Court, in the same Cause, for whom there was a great deal of more rea­son; he ought to have been cleared also upon the same ground: They were the voluntary Oaths of both of them, which equally lay before them in judgement, for the clearing of themselves: And Master Alexan­der hath cause to wish he had trebled so much as Master Jones his Terms gains did amount unto, if so he could have possibly found out any way to have put himself into the same Scale with Master Jones, for the clearing of himself.

Is it not something strange, that albeit Master Alexander was a castaway, and not worthy of like consideration with these men? (yet that the Ma­ster and the man should not have the same measure of justice, and that which belong both to one thing, were not put both in one Case) that Nevile too was not presently upon his Oath also declared to be innocent and free from the least suspition of the blotting out of these two words ( that and did) out of the said Paper-copie of the said John Warrens De­position? And surely there was great reason for the Court to have done so for the said Nevile at that time also, if this matter alleadged in the Sen­tence had been true, that such a plain repugnancie to truth had then ap­peared to the Court, wherein Master Alexander had catched himself, and discovered his guiltinesse of the said offence; for this had made an end of all further question about the businesse: the Court might then have dealt with Master Alexander as they pleased, without more ado: But how comes it about that the particulars wherein this guiltinesse so appeared to [Page 35]the Court at that time were not registred for posterity, nor do now appear to make this Allegation good? The truth is, it is but a meer Fiction, some more of Matchivails dirt cast in Master Alexanders face, to make him seem a little fouler in the eyes of his beholders: for, had it been so as 'tis set forth in the Sentence, no reasonable man can think that Master Alexander could have escaped the judgement of the Court upon that in­stant, without more ado, and frustra fit per plura, quod fieri potest, per pauti­ora. Surely the Lord Keeper Coventry, who at that time questioned and sifted Master Alexander in Court, as Bran, with all possible endeavour to have gained this onely confession from him, would have taken the advan­tage thereof, if it had been so, which had been instar mille testium, to have convinced him; and was the thing which was afterwards onely desired to have been drawn from Master Alexander by the further Examination of him before the Judges that very day, directed and ordered by the Court for to be done. Surely the Officers and Ministers of the Court, now ban­ded together against Master Alexander, would have accounted it a hap­pinesse of his pen to have catched it the first, before it had half fallen out of his mouth, and it would assuredly have been inserted in the Sentence with a vengeance to him, that no publike Proclamation could have so openly divulged it to the world.

But that this is in the Sentence also, it is no wonder, when the whole is but a Recollection of Suppositions, inserted in it without ground or war­rant: And the truth is, the matter was made cock-sure, in those times, what by the power of the said Lord Coventry, and Archbishop of Canter­bury, and other Master Alexanders like potent enemies, that this matter should never have been stirred again, untill the day of the generall Resur­rection; as shall more fully appear by that which followeth.

To what purpose had all these further Examinations been, to finde out that thing which in the Sentence is alleadged to have been publikely con­fessed by Master Alexander in Court before. But there was more in it then so; they might not relie upon this reed, and therefore proceeded further, to muster up and gather together what they were able, to make some co­lour at least for a Sentence: for they saw all this would not do, nor serve the turn; there was yet but an inclination to think Master Alexander guil­ty of doing this thing, albeit as much now had been done, and that [Page 36]which was done had been canvased as thorowly as was possible in Court, to gain a belief and opinion of his guiltinesse. But to proceed.

Surely no Justicers will give a judgement against any man before they be resolved: And all this while appears, that some of those Judges were not satisfied that Master Alexander was guilty of any such wrong doing as was laid unto his charge, and therefore gave this further time, which o­therwise they would not have done. By this also you may pereceive, into what a sad condition and strait Master Alexander was driven, that having the supreme Judge and Officers of the Court for his adversaries, he could procure no counsel that durst to speak or move in his cause, though never so just: so were men over-awed or related one unto another in those days, that Justice had not his current and free passage, especially in that Court; and that man must be sacrificed unto ruine, upon whom the indignation and displeasure of any such as Master Alexanders adversaries fell: And when he that would not comply with the times, ti being in any way that might hinder their designes, it was cause enough to destroy him. And what could Master Alexander now expect but destruction, when that thing, whatsoever he spake for the justifying of himself had a contrary sense and interpretation put upon it, and was inverted to his prejudice? Coun­sel none would, nay durst not, as they told me once, to speak in it: for when at first they did a little offer some things cooly and faintly in Ma­ster Alexanders behalf, and put for triall how it would be relished and re­ceived, they found it passed by in silence, if materiall, or themselves dis-regarded for the motion: And what wise man will engage himself in such a quarrell, where, whosoever speeds, he is sure to get blowes for his re­compence? Howsoever, it was fairly offered, had it been accordingly pursued, that Master Alexander should at least have notice of their inten­tions, that they were resolved to proceed to sentence him, and that he should be present at the Bar in person, to hear his condemnation. But now it was well understood by Nevile, that Master Alexander was before this time gone out of Town into the Countrey, neer an hundred miles from London, to search for Letters which he had formerly received, of his, about the businesse, in which he hoped to finde his acknowledgement of doing this thing, in manner as Master Alexander had alleadged; for which reason, all their Forces are set on work, for to procure this Sentence in his absence, and to raise that as one argument of guilt, which was in­tended to have made his more clear Defence: and this, he taketh God to witnesse, was the originall cause of his leaving the Town, after that he had once cleared himself again before the Judges, thinking it impossible, in his own understanding, and so conceived by others of better judge­ment [Page 35]then his, that any such thing as a Sentence could have been once thought upon to have been given against him, as his case stood.

In this it is observable, as a Ground, That in all Courts of Justice whatsoever, the Rule is, That no man ought to be condemned, or to have judgement given against him for any matter depending in any Court of Judicature, but the Order or Processe of that Court is first to issue, to give him timely notice of the resolution of the Judges of those Courts to proceed to Judgement at some certain time prefixed, that so no man may be overtaken uprovided, or without making his just Defence; (except such party as after notice shall wilfully absent or not provide by counsel or otherwise, for to justifie himself in his proceedings) and, without this, many an innocent man would be undone: And in case where neither the partie, by himself or by his Counsel, shall appear to defend himself after such notice, and that the warning doth sufficiently appear unto that Court to have been given him according to direction, that there be no delay in justice, the Court will proceed to judgement without him; yet with such caution, as, if possible, they will not do him injustice for his contumacy therein, nor will wrong their consciences in the Judgement; but will try out the truth howsoever by all means, for whatsoever lies be­fore them: and therefore in such cases of absence, they hear all such An­swers, Depositions of Witnesses, and other matters of Record lying be­fore them to be read, which before that time the party hath made for his Defence, or that he hath alleadged for maintenance of any Charge in such an Action or Proceeding, and will in such case be much more wary and circumspect to promote the truth, of whatsoever side it is, appearing within the Books, then if such party had been present: for Judges sit not to side, and make parties, or to take opportunities to revenge themselves; but for to do justice and judgement truely and impartially, for justice sake, without the respect of persons. But then see if Master Alexander have received this measure of justice in this matter concerning him: An Order of notice for a hearing hath been made; and that was well: but that this was shewn to Master Alexander, or that Master Alexander had notice of this Order, doth in no sort appear: Nor had he any notice thereof; for first, Bagshaws Oath reacheth no further then unto an Endeavour of ser­vice; he swears nothing positively, to satisfie the Court that it weas done. And for what Nevile offered for notice, as it is far from truth, so also it is so far out of the way of a legal notice, as it appears both to be false in it self, appearing out of the very Sentence, and in no sort to have been credited or [Page 38]believed, in case it had been true, for this Reason, Because it was not de­livered upon Oath for a Record; against which Master Alexander might have taken his remedy for the falsity of it, being untrue. But, that it is grosly false, be pleased to observe: Nevile offereth to depose; What? That he did, at the then late Lord Chief Justices, give the Petitioner himself wear­ning to attend the Court at his peril. First, this must of necessity be in time whiles the Judges were upon their Examinations of the businesse, and be­fore they made their return into Court, and that was long before this Or­der was made; for this appears to be made at a time afterwards, when the said Judges Certificate was returned, and had been debated in Court: and for that Master Alexander then had not appeared, by himself or coun­sel, to make any Defence, as the Sentence it self sheweth; and therefore at the meeting before the Judges, at the late Lord chief Justices Chamber, Nevile had no reason nor colour to give any such warning to appear, up­on an Order that was not then conceived, nor was there then any cause appearing for the making of any such Order; nor for some time after­wards was it made, as is remembred before. Besides, there was little rea­son for to credit his Report in his own Cause, that stood a visible Delin­quent unto the Court, and nothing to purge himself thereof, but his own Oath, admitted against all the Rules of justice, and ordinary proceedings in Courts of justice whatsoever: So that Master Alexander is condem­ned without Defence. And for Bagshaws Affidvait, that it was little to the purpose, be pleased to cast your eye upon it, as it consisteth in all the parts thereof together.

This Affdavit, how cunningly soever penned by Master Nevile, and that he hath carried himself in it, yet is no good service of the said Or­der, as hath been observed before; for Nevile well knew, Master Alexan­der was at this time, and above a week before, out of Town, when he went with Bagshaw, to make this service upon the said Order, to Lincolns-Inne. And in all cases of this nature, where a like Order or Processe is served to cause any to appear to hear Judgement, it ought to be first made clear unto the Court, that the party to be served, if possible, hath had personall notice, before they proceed to sentence, it being so penall as aforesaid: And if it be not a personall service made, yet then that there be such a service made, appearing unto the Court, as by infallible conse­quence the party must have had knowledge of it, in convenient time to prepare himself for his Defence: for, in matters of giving judgement, it is not as in other ordinary Cases, of serving Processe to answer Bills, or interlocutory-Orders; where, if by a mistake, or pressing the service be­yond the truth, the party fall into a contempt, of this he may purge him­self upon his Oath upon Interrogatories, according to the usuall course, and so be set Rectus in Curia again, and have repair made him without de­triment to his Cause: But where Judgements or Sentences are to be given, either in the Courts of common-Law, or Equity, or Star-Chamber, there, if for want of notice, or that upon a false service of Processe pre­sented to the Court, the Court proceed to give judgement against the par­ty, there is no such Remedy to be had; nothing but a Writ of Errour, or Bill of review or reversall of such Judgement or Sentence, can restore the the party again to what he hath thus lost or, shall suffer by it: and such Judgement or Sentence may possibly in such cases be so legally founded, that they cannot be avoided by any such way neither; and yet such parties may possibly have had such matter of fact to have shewn for themselves upon those hearings, if they had been heard, as would have acquitted them. The service of this Order by Bagshawe, you see what it is; His repair to Master Alexanders Chamber, unto Lincolns-Inne, where Master Alexander was not, and who will be deposed, that he was gone out of Town, about his occasions aforesaid, above a week before, in the Coun­trey: And though it be commonly presumed, a man will be, for the most part, at his own house, which is his Castle, for to manage his estate, and to provide for his family; there is no such intendment or necessity of a mans being at his chamber in another place, remote from his dwelling-house, as this was, neer 100 miles distant: and therefore the leaving of this Order, in a case so penall, at his chamber here in London, where he [Page 38]was tied to no constant residence, but might stay and be gone again at his pleasure, without precise proof of his being there: and personall no­tice, before the hearing, was no such service of that Order as did warrant that Court to proceed to Judgment against him in his absence, and without defence. Again observe, albeit in the Setence it be expressed, that a copie of this Order was left with Master Alexanders Boy or Clerk at his cham­ber at Lincolns-Inne; yet the Affidavit of Bagshaw says not so; for he swears onely, He gave it to a young man or youth of whom he enquired if he were not Master Alexanders Clerk or man, and where his Master was; who then confessed, that Master Alexander was his Master; but that his said Master was not within, neither could he tell where he was: But his saying so, doth not make him so, if in truth he were not so; and all this doth not prove him to be so: So tis clear, Bagshawe knew him not to be Master Alexanders Clerk or man; and Master Alexander had more chamber-fellows that had Clerks and men then in Town, to whom it was certainly delivered by some willing mistake, to make thus much of it in colour for the hearing. And what Nevile delivered, who was this Bag­shaws setter, was still but to this mistaken Clerk or man, and therefore no whit to have been regarded for such a service. Nor was it Bagshaws be­lief of notice, nor Neviles charge to that Clerk or man to deliver the said copie of the said Order to Master Alexander, that therefore concluded, He had notice, or that it was delivered unto him accordingly, as it was not. And if it had been Master Alexanders Clerk or man, Nevile knew him, and his name: for Master Jones saith, He attended with the Books at the hear­ing of the cause against Yates; and that he took the said Deposition of John Warrens for him, and shewed it to the Lord Keeper Coventry: Other Clerk or man Master Alexander had not; and if it had been he, Nevile would have caused him to have been named; for he had a Christian-name and Sir-name, but was not then in Town, as Master Alexander be­lieveth: So it is likely they set up a man of straw, and killed him when they had done: either feigned the being of some such man or Clerk there, that was not; or delivered the same to some man or Clerk that was no man or Clerk of Master Alexanders, and by a willing mistake, made this use of it to condemn him in his absence. Howsoever, it was no good service in it self, for the reasons aforesaid: and the Court was abused by inserting in the Sentence, either what Nevile voluntarily affirmed, clean from the matter; and that Bagshaw should depose that the copie of the said Order was left with Master Alexanders Clerk or man, which he did not swear at all. And of necessity must Master Alexander make default at the hearing, when he was so long before gone out of Town, and had no manner of notice, nor could have notice possibly of the said intended hearing. And for his withdrawing himself, you have heard the occasi­on, and when; and therefore no ways worthy of blame, or that any use ought to have been made of it, to his so great disadvantage.

Master Alexander doth appeal herein to all practisers in these Courts, if in their whole times of their practice they have never known any man to be fined upon such Generalls, which imply no certainty of any thing: For, to say it was so, because it is related that it was so, in the Sentence, without shewing wherein or how, I believe is a President without Exam­ple, to convict any man of such a crime. But that this is a false Allega­tion, as you have heard the full effect of Master Alexanders Affidavit re­cited almost Verbatim in the Sentence, before: so now be pleased to read the same Certificate, which followeth in haec verba:

And now be pleased to observe if there by any such contrarieties be­tween Master Alexanders Affidavit and the said Certificate of the Iudges as is alleadged in the Sentence. It must needs be, that the Affidavit, be­ing drawn by Master Alexander, after his own way, as he understood the matter; and the Certificate, being made by direction of the Iudges, who did interrogate Master Alexander as they pleased, and so to set down things [Page 35]after their own order and manner, there may be some seeming difference, in words, and phrase of speech; but for substance, there is no manner of contrariety or variation at all. This is more in the Certificate, then in the Affidavit, That so soon as Master Alexander did shew the said Iohn Warrens Deposition to the said Nevil, with the doubt in the Deposition conceived by his Counsel, and the mark applied to it in the margin of the Paper-copie, Nevil would then have presently blotted out those two words (that and did) if Master Alexander had not restrained him. Which crosse nothing at all in the Affi­davit; but makes Nevil the more culpable, and more clearly appear to be the man that did the fact: for he, that would then have done it before Master Alexanders face, without ever examining it with the Record, say­ing, He knew it to be but a mistake; 'tis more likely he would do it be­hinder Master Alexanders back.

This is also contained in the Iudges Certificate, more then in the Affi­davit, viz. That Master Alexander going to the Office to examine the Depositi­on with the Record, and finding those two words (that and did) fair in the Re­cord, was much astonished: Which word, astonished, is not in the Affidavit; yet doth not this contradict any thing in the Affidavit, but the more en­forceth Master Alexanders innocence of the fact: For, astonishment is ra­ther a Compurgatour, then an Accuser; not arising from guiltinesse, but from a meer other thing: As, that a man being surprised with a sudden Accusation, (as in this Master Alexander was) though armed with inno­cence, that he cannot be pierced; yet may he be amazed with so unexpe­cted a charge. It oftentimes proceeds from sensiblenesse of disgrace, a­shamed, though innocent, to be within the suspicion of such faults; or that he hath carried himself so, that any tongue durst be so impudent as to lay it to his charge. May happen from a disability to acquit himself at the instant, his integrity wanting rather clearing then clearnesse: therefore saith Job, The upright man shall be astonished at this, and the innocent shall stir up him self against the hypocrites, Job 17.8. The very Disciples were asto­nished at Christs words, Mark 10.34. and in the 26 verse it is said, They were astonished so out of measure, saying, Who then can be saved? shewing how difficult a thing it is for a rich man to enter into the Kingdom of Heaven. And so in many other places of Scripture, astonishment is most common­ly taken in a good sense. And thus 'tis plain, that upright and innocent men are oftentimes astonished: So that upon observation of both, there is not eny variation or contrariety in Master Alexanders Affidavit, and his Examination before the Iudges in matter of substance at all; but the same is untruely alleadged in the Sentence without ground or warrant, to make for their purpose against the truth.

And as to that part of the Certificate from the Iudges which concerns Nevils Examinations; as it is onely to excuse himself of an offence where­with he stood first charged; and as it was unwarrantably grounded and admitted to be done at first: so you finde them not pressed, nor any use made of them at all, first or last: And since, for reasons best known unto the Court, they set them aside as uselesse and not warranted; and for which there was great reason so to do. So they shall need no other Answer. And as sure as there is a God in heaven, so certain it is, that what Nevil hath therin said is contrary to the truth, and so afterwards did thrive according­ly; and M. Alexander could have disproved all of it by many Witnesses, [Page 44]saving that onely part concerning his blotting out the words; which he did, or caused to be done, as God is true.

Then, as to that other part of the said Certificate, which mentions Ma­ster Hookers Examinations and Testimony in this businesse, it maketh no­thing at all to crosse any thing said by Master Alexander in his own De­fence: And it hath partly received an Answer formerly, as it is mentioned in the Sentence to be a Discourse between Master Alexander, Master Jones and him, in Master Jones his Studie in Grays-Inne, the day the cause was heard between Master Alexander and Yates: But the Bent and Scope of all that was, To ensnare and intangle Master Alexander in his talk, and to ga­ther from his words or carriage whatsoever might pos2ibly make to charge the offence on him: therefore he saith, first, That Master Alexander see­med to have been in a great passion and perplexity, about the blotting out of those words: but that which seemeth to be a thing, is not the same: Nullum simile est idem. And what followed from thence? Would it not have perplexed any man, or astonish him, on such a sudden to understand all his businesse to be so changed, his adversary released, whom he left in custodie upon a Sentence pronounced against him; and upon the point de­clared to be dismissed with his costs, when Master Alixander expected to have had costs from him, and that justly? Might not M. Alexander term it also an unfortunate thing, to be thus dealt withall on all hands; and per­ceiving, that those which should have assisted him in setting things right again, went thus about for to betray him? But fain this Gentleman would wrest or pick something out of these words, and take an advantage of his own wrong.

To make some thing against Master Alexander out of this Discourse, so said to catch him and surprise him, that when they asked him, From whom he had received the Paper-copie, said, He could not tell whether he had them from Nevil, or from the Examiner himself. If he said so, What of this? hath not many a man in ordinary discourse, and being taken upon a sud­den, to answer to things done long before, said that, which, upon second thoughts, and coming to be deposed thereupon afterwards, upon delibera­tion, and recollecting of himself, he hath varied from? And was this ever yet counted an offence in any man, but in Master Alexander, to be well ad­vised of that he swears for truth? And yet if what passed from him in this discourse shall be rightly weighed and considered, there is nothing in it that in the least makes against Master Alexander, or that crosseth any thing which he hath either sworn or spoken in the defence of his inno­cence.

Tis true, Master Hooker would invert the meaning of the words to a fained and strained sense, as if it should imply a contrariety, that once Master Alexander should say, He knew not from whom he had the copie, and then afterwards should depose the matter so precisely against Nevil, as to make him the offender. To that other Answer which Master Alex­ander hath already given of speaking words in passion, and upon bare dis­course, and after deposing to the same matter upon second thoughts, and deliberation, adde this, and consider that Master Alexander in his Affida­vit deposeth, That there were two receivings of this copie of the Depo­sition of John Warren: the first time from the Examiner, or Nevil, when he took it and carried it to his Counsel Master Hudson to peruse; and at [Page 45]that time it is not materiall from which of them he received it; for it makes nothing one way or other from which of them he then had it: but sure he is, that Nevil got that copie and all other copies from him, which he had of any thing done in the Office, or otherwise, in that Cause; else what need should Master Alexander have had of his sollicitation, and to have done the work himself? And all that were Sollicitours in that Of­fice, as he was, did so for their Clients; it was their duties, and for that onely they had their wages: But then when Master Alexander had thus carried it to his Counsel, who had perused it, and directed it to be exami­ned with the Record, with a mark in the margin made against it; then it was delivered again to Nevil for that purpose, and then Master Alexander afterwards received it the second time from Nevil again, with the words ( that and did) so defaced, &c. And this later receiving was that receiving of this copie from Master Nevil, when this alteration was committed: So that upon the first Conference the Answer was made, as it was con­ceived, and according to the times and places where it was propounded and answered, that is to say, in Master Jones his Studie, and the Examiners Office, which related to that receiving of them the first of all; and that might be delivered doubtfull, without any disadvantage, and yet Master Alexanders Oath stands clear too, and without exception, that he did in­form the further carriage of the businesse to make the truth appear; and all stands very well together: And tis against the Rule, to fetch blood out of a mans words, and to strain an intendment thereof beyond the ge­nuine meaning of the speaker; and therefore in Law they are always to be taken in mitiori sensu, most favourable for him that speaks them, where by any means they might be wrested to a contrary interpretation. But then Master Hooker doth further expresse these other words also falling from Master Alexander in that discourse, viz. That Master Alexander then should have said and swore, He altered it not, nor knew who altered the same; and that being true, How could he say that Nevil did it? Both are true, and contradicts nothing of whatsoever Master Alexander hath either said or sworn in this matter, when once rightly understood. For the first, that Master Alexander did it not, that is true, and hath been continually main­tained and justified by Master Alexander, both upon his words, and up­on his Oath, first and last. Then, that he knew not who altered the same, also well standeth with his Deposition: for, he deposeth the man­ner how he left it with Nevil to be examined with the Record; and that afterward Nevil gave it him again so blotted as it was; and that Nevil did it, or caused it to be done; and so Master Alexander could not know who actually did it, whether Nevil himself, or any other, and yet received so done from Nevil, and was so his offence equally, whether done by him­self, or by his direction; and therefore Master Alexander stands the more clear in his Oath, being made with this caution: and he who doth a thing by another, seemeth to do it by himself: and in common parliance, men do use to say, I have done such a thing or such a thing for you, when he hath onely caused and procured it to have been done for him by another, assuming the act as his, that hath been done by his procurement: And so Master Nevil did say, He had made it to agree with the Record, although he speaketh this falsly, to make Master Alexander the rather believe it; and therefore it was more safe for Master Alexander [Page 46]to depose the manner how, that he delivered the copie to him fair, and received it with those alterations; and that either Nevil did it himself, or caused it to be done, which in effect was one and the same thing, and thus not possible for Master Alexander to know who actually did it. There is this also more remarkable in Master Hookers Examinations upon his Oath, and in his Relation of the Conference which passed between him, Master Jones and Master Alexander in Master Jones his Studie: For in court, when he was demanded his knowledge of what passed in that Discourse, not be­ing upon his oath, he answered, and so tis alleadged in the Sentence that he should relate, That Master Alexander should then say, That the Paper­copie of John Warrens Depositionwas as he first received it: But in his Exa­minations upon Oath before the Judges, he leaves out this word, first, and says, that Master Alexander answered his question, That the said copie was as he received it; which makes a very main and great difference: for this word first being added, (as they had studied it) made much for their pur­pose; that is to say, If it were so as when Master Alexander first received it, then how could Nevil blot out those words afterwards, especially if Master Alexander received it from the Examiner, to which sense they would presse the meaning of the words, and then there must be a meer repugnancie to truth in such case, and an impossibility in that, and so at first blush to a cursary understanding of the words, Nevile must of force be clear of the Accusation, and Master Alexander catched, as they are elsewhere pleased to call it, in this matter. But you see God will have truth come to light, in despight of the adversary; and therefore Master Hooker, when he onely says, without Oath, then he speaks one thing; but when he is examined upon his Oath before the Judges, then he says ano­ther thing: And the words spoken by Master Alexander being no other, but, That the copie of the said Deposition was as he received it, agrees in terms with Master Alexanders Affidavit in all things, which is, That it was as he received it the second time from Nevil, after that it was left with him to be ex­amined by the Record; and that he delivered it back again to Master Alexander, and said, That he had examined it, and made it to agree with the Record. And thus Master Hookers testimony makes nothing against Master Alexanders testimony at all. And observe further, that even Master Hooker himself is enforced to flee unto that common Rule of second thoughts to be more sage and certain, and that there is a difference between words spoken at randome, and in ordinary discourse, and afterwards premised, and delive­red in a solemn Oath. And observe further, that in the beginning of the Sentence pronounced against Master Alexander, it is related as if deposed by Master Hooker, That upon that Conference Master Alexander should affirm this thing, with many and heavie imprecations and oaths, vowing and protesting, He knew not of the blotting out of those two words ( that and did) in the said Deposition: Which is inserted, of purpose to make Master Alexander seem little conscientious of what he swore judici­ally, that valued oaths and imprecations nothing in his ordinary discourse. But of this Master Hooker likewise says nothing in his Examinations upon Oath before the Judges; (dealing in it indeed very clearly; for there was no such matter) And yet this also shews, that Master Hooker was not so constant to his relations, but that he knew a difference what it was to say, and what to swear. And Master Alexander doth appeal to all men that [Page 47]have known his conversation both before and since, if ever he were addi­cted to that abominable vice of taking the blessed Name of God in vain. But see what the devil can do, when he wants truth for his accusations; and observe unto what shifts and subterfuges men are brought, when they do clothe injustice with a seeming-holinesse. And after all this, consider yet this further, that if Master Hooker had not been Yates his Attorney in that Cause, and had not preferred such an unwarrantable Bill of Costs against Master Alexander as he did, and had not joyned with Master Jones with his utmost endeavours to have fixed the offence upon Master Alexan­der as he did, and that he had not been a Witnesse for Nevile free from all exceptions, as he was not, and had sworn something to the purpose for the clearing of Nevile, as he did not; yet then he had been but singu­laris Testis, to whom nullafides in the Cause, whereupon to have grounded a Sentence against Master Alexander in that matter: Tis true, when ma­ny vehement and strong presumptions are coupled together, sometimes a single and clear testimony beyond all exception, rarely, in matters Civil, and betwixt party nd party, relief hath been thereupon afforded unto the oppressed: but in matters Criminall, where the life, many times, and that which is always as dear and neer unto a good Christian, His good Name, hath been questioned, and in danger, from the mouth of two or three Witnesses at the least, according to our Saviours Precept; in that case the Judgement hath onely been established. And before I end this part of the Sentence, let me observe unto you one thing more, That these good Judges who took these Examinations, one of them yet living, Sir Randal Crewe Knight, then Lord Chief Justice of England, a man fa­mous for his piety and justice, and that in those times chose rather to be discharged of his place, then to serve curns against his conscience: and Master Justice Dodderidge, known to be a learned and just man; yet these two that made the Certificate, would neither of them be drawn into Court to give a Sentence or an opinion against Master Alexander therein; which they well understood must have been done against their conscien­ces, and against the truth.

It is an old Proverb, Admit one errour, and a thousand will follow. If one sheep breaks over the hedge, all the flock will after. You have heard with what untruths this Sentence thus far hath been stufft out withall before, to make out something of nothing, if it had been possible; to make this Sentence seem foul, and Master Alexander seem odious to all that shall know nothing more but the reading of it; and so shall it appear to be as unjust in that which follows. But what this Cook should be that hath no Christian­name, I am not able to imagine: Sure he is filius nullius, filius populi, or of some spurious Brood, that hath nothing but a blank left for his Sirname, and his Christian-name set at the later end; He cannot be a Cook by Pro­fession, [Page 48]sure, and a Gentleman; although by the slovenlinesse of his car­riage in this action, he shews himself no better: So that what this Cook is, it is yet to be understood: but, be he what he will, or what he was that made such an Oath; I must tell this Gentleman, he hath much forgotten himself, and hath much more wronged his conscience, as much as they who did him the discourtesie to bring him into the open Court to make such an Oath, so directly contrary to the truth, and took from him the honour to have it made a Record; for otherwhere it is not found registred in that Court, but in the Record of this Sentence. And because it is not said wherein Master Alexander was found thus very foul in his own Cause, &c. and that it was in some such thing for which he was bound to his good behaviour by Master Justice Dodderidge, then Judge of the Assize; be pleased to peruse the Certificates following, and then judge of the truth of this Deposition.

And lest it should be thought that this Gentleman Master Cook was but a little mistaken; and that it was at some Sessions of the Peace in the said County where Master Alexander was so bound unto his good beha­viour; give leave therefore to satisfie him and the world in that also, by this other Certificate of the Clerk of the Peace in that County, as it fol­loweth.

And that it may appear there are no more or other Affidavits made in that Cause upon Record in the Court of Star-Chamber, then what hath formerly been herein remembred, be pleased to cast your eye upon this other Certificate following, which will satisfie that for truth.

And thus you have an Accusation without a Witnesse, and a Witnesse without a name, and both without truth. But, by this time, Master Alex­ander doubteth not but the Reader is satisfied of this Gentleman Master Cook his grosse mistake, not to call it otherwise. And Master Alexander in this case doth also appeal to all men, if it were possible for the most in­nocent man alive, being thus dealt withall, or howsoever, to be free from destruction, when the Pale of the Law was thus broken down, and all things admitted to enter, without form or truth, to confound him that was but ooked upon with an evil eye, as averse unto those times, and suspected might prove hurtfull to their designes; and when that power of dispensing the Laws for protecting the innocent, was put into the hands of those which wrested it to their own ends, for the very oppression of the subject. but Master Cook hath done herein, as Nebuchad-nezzar told his dream: He tells his wise-men that he had a dream, but never tells them what it was.

But some will say, There was not so much smoke, but sure there was some fire; and therefore though this Master Cook hath missed the Cushion, yet there lies some Pad hid in the Straw, which, if it could be discovered and found out, would happily make out something which Master Cook drives at: Therefore Master Alexander hath made a strict scrutiny into himself, if possible, to finde out this man, and his meaning, and saith, That he cannot remember what this Cook should be, or what this matter should mean, if not this.

About the seventeenth yeer of King James his Reign, there was then one Thomas Cook, a young man, who, by one Master Thomas Clowdsley, sometimes an Attorney in the Court of Common-Pleas, his father in law, was put unto Ryce Gwin Esquire, after Serjeant at Law, dwelling in the same Town with Master Alexander in Norfolk, to be one of his Clerks; with whom this Master Cook continued for some time: And so it fell out, that in this time of their neighbouring together, Master Serjeant Gwin conceived some causlesse displeasure against Master Alexander, and waited but the opportunity to be revenged. Master Alexander in this time had [Page 50]purchased from a kinsman of his, one Master Thomas Plandon, as much land as came to 600 l. or thereabouts, for which he had given severall Bonds for the payment of the money in time: But Master Plandon after­wards being desirous to travell beyond the Seas, intreated ready money, and compounded to rebate for the time, to be supplied with the main Sum presently. Whereupon they concluded, and Master Alexander paid him the money: But because the Bonds were not in Master Plandons hands for the present, he gave Master Alexander a particular Acquittance for the same debt, at first; and not long after, anotyher more generall Release, up­on finishing of all demands between them. Master Plandon having spent his money, and being returned, and growing into all wants and extreme necessities, a fit time to be wrought upon by evil Counsel; and having yet the main Obligation in his hands, undelivered up, he made shew of it to others as a reall debt, and by that means wrought himself into the ac­quaintance of those that were more ready to believe it against Master Ale­xander, then he to utter it, and resolved to engage with him to make it a question. Master Alexander prefers his Bill in equity, to have the Bond delivered up. Master Plandon, and this Master Cook, then become an At­torney at Law, do commence a Suit against Master Alexander, upon the Bond; and with them many more joyn to manage the Cause, all his Ma­ster amongst the rest, if by any means, to recover it: Their prosecution was with such speed, and such favour, as the matter was soon brought unto a Triall. Master Alexanders Attorney having both Acquittances in his hands, pleads in Bar to the Action that which was more particular. Whereupon. Issue being joyned, a Jury was pickt out for the purpose; and the matter came to Triall before Master Justice Dodderidge at Thetford-Assizes, when Master Alexander proved the sealing and delivery of the Release. But it so fell out, as there was one word interlined in that Re­lease, not any thing to the essence of the Deed, which Master Plandons Counsel, and Master Cook his Attorney pressed to have been inserted after the sealing and delivery thereof, and so, if true, the Release void: And there being but one fingle Witnesse to that Release, being made in haste at Master Alexanders house, a mile and more distant from any Town, and between kinsmen, and on a time when Master Plandon posted his dispatch and departure upon his occasions; and although Master Plandon, being present at the Triall, did not deny it to be his hand and seal, though he was directed to confesse nothing more that made agaist him; and albeit the said Witnesse being a substantiall Ycoman of the Countrey, and with­out all exception that testified the sealing and delivery thereof unto Master Alexander, as the truth was; and albeit Master Alexander produced his other generall Release, testified by many Witnesses, though not pleaded, where­by the debt appeared to be fully satisfied: yet, upon this device and co­lour, and having obtained a Jury for that purpose, he gained a Verdict against Master Alexander, for the whole penalty of the Obligation; which they after pursued with that eagernesse, and obtained such favour by the friendship they had, and means they used in the Courts of Justice, that presently they obtained Judgement, and took Master Alexander im­mediately in Execution: And being thus restrained, and in prison, for so great a demand, which he was no ways able to satisfie, without sale of his Lands: And the subsistence of himself, his wife and family princi­pally [Page 51]depending upon his endeavours in the course of his Profession; and being then in a fair way of Advancement, being employed by many no­ble friends, and having many Stewardships, and other employments of like nature, which of necessity he must have forgone, and lost the benefit of, and been ruined in all, if to continue in restraint whiles he should in a legall way question the injustice and miscarriages of those proceedings; and being involved in so great a strait, was advised and perswaded by his friends (although, he must confesse, much against his wil) rather to sit down under the burden, then to be ruined both in his estate and profession alto­gether: And they having M. Alexander at this advantage, as the least of these evils, he was thus enforced, for his enlargement, to sell his Lands to pay this great debt over again, and to give them a generall Release into the bargain, (for that they would have the first of all) or else he must lie by it, and be ruine and lost in his Fortune and estate: And when M. Alexander, upon this Agreement, had the bond delivered up, which by his plea was confessed, he found that his kinsman had been more just then he expected; for he found the bond had been cancelled, and the Seal closed down a­gain in the old place with a little Starch; which then it was too late to call in question: besides that, M. Alexander saw little hopes to right himself by any Suit of Law for so great an injury, for that he understood his said kinsman had shared and divided the greatest part of the money presently amongst those that were his abettours and assistants; and that he had given 100 l. for Counsel-Fees, and 60 l. or thereabouts for Attorneys Fees and Clerks Fees, whereof this M. Cook had the greatest share, and other great Sums of money to others that did him service in the businesse: And, 'Tis an ill winde blowes no man unto good. This Conquest thus obtained against M. Alexander, bred such spirit in M. Cook, and gained him such applause and reputation, that he shortly after admitted himself of Grays-Inne, and within lesse then three yeers, got a bare Gown upon his shoulders, and became a great Practiser at Law, and afterwards fell in at Court, gained employment about the Fen-businesse in the Isle of Ely, and recovering of Lands gained from the Sea in Norfolk and other Counties, for divers Cour­tiers to whom his Majestie had granted his Right and demand thereunto, and was used in many Projects of like nature; gained a Patent of the Stewardship of the Kings Forests and Chases in Essex, and thrust out a far honester man then himself from that employment; got to be made a Ju­stice of the Peace. And if this be that Cook that is mentioned in the Sen­tence, this must of necessity be that businesse which he drived at; for M. Alexander professeth he knoweth not of any other thing that ever hapned to him of like nature, in all his life; and concerning the carriage whereof, he leaveth himself to be judged accordingly. And thus M. Alexander hath been set, for the rising of some; and his disasters have been the be­ginning of the Rise of two great Lawyers, M. Fountain being one of them, now with his Majestie, acting against the Parliament; and the other, this M. Cook, who hath not yet fully shewn his heart what it is, for want of opportunity.

That there was no such fleeing in the Case, hath been said before; and the reason given of Master Alexanders leaving the Town, after the busi­nesse had been again examined before the Judges, viz. to finde out Let­ters in the Countrey which he had formerly received from Nevil about that businesse, which he conceived might more fully inform against Ne­vil for this offence, and which no other but himself could so well finde amongst a multitude of papers which he had there to search and look over: And before that Nevil did understand that Master Alexander was gone out of Town, he stirred very little in the businesse: but afterwards, he procures the Certificate from the Judges to be returned, which bears date the 7 of Novemb. 2 Car. then the 10 of November following, he pro­cures it to be read and debated in Court: and the 17 of November follow­ing, he procures the Cause to be heard: So that in seven days time, be­fore it was possible for Master Alexander to ride down to his house in the Countrey, being 100 miles from London, and return again, he had procu­red the Sentence to be given in his absence, without any defence: And what justice there was in this Proceeding, let any man judge. Thus all things, you see, are done sutable to one another. And that it may appear to be no fiction for the Cause of Master Alexanders journey then made in­to the Countrey, be pleased to observe a Letter of Nevils written to him concerning this businesse, which he found at that time amongst his papers.

Which Letter, you may perceive, was the Answer of a former Letter written by Master Alexander unto Nevil: Wherein be pleased for to ob­serve, That Nevil answers a part of Master Alexanders said letter con­cerning Master Gay, which was the Examiner of the Court named in the Sentence, that took those Depositions: And the truth is, that Master Ale­xander having left this Deposition with nevil to be examined with the Re­cord, when he left the Town: He promised to do it, and to write Master Alexander word thereof into the Countrey: Which he having for some time neglected to do, Master Alexander wrote unto him, to put him in minde thereof, and desiring to be satisfied how it stood with the Re­cord: In Answer whereof, he writes, that Master Gay is not in Town; but [Page 53]so soon as he comes up, I will take a course with; which was, To examine the Deposition with the Record; for at this time Master Alexander had no­thing more to do with Master Gay; publication being past, and the copie of the Books taken out in the later end of Trinity-Term before: And when Master Alexander afterwards came to London, Master Nevil then de­livers him the copie of the Deposition, and says he had made it to agree with the Record, in manner and form as hath been formerly informed; and from that time, untill secundo Caroli that the Cause was heard, the Books were laid up, and never looked upon by Master Alexander, which was for above three yeers space. And this is the very truth concerning this particular. And truely you may perceive by that which hath gone before, that albeit Master Alexander did not go away for any such reason that he had to fear the justnesse of his Cause; yet if he had been tzed, as Laban did Jacob, to have fled away secretly, Gen. 31.27. he might well have answered, with Jacob to Laban, he had just cause to be afraid. Truth it self may sometimes seek corners, not as fearing her cause, but as suspecting her Judge; and therefore flight is not always an argument of guilt, but there onely where the person declines his Triall altogether: for after de­fence made by any person, to any Accusation, in any Court of Justice, and that an Issue is joyned upon the proceedings, and the matter made ripe for hearing; now that the Court is thus possessed of the Cause, and have an ordinary way for to bring such a matter unto judgement, the parties absence cannot be said to be a fleeing from justice; for now the Law will proceed notwithstanding, and subject both his person and estate unto such a Sentence, if there shall be found cause to order any thing against him; this being presupposed, That, if possible, he may have notice of the day of hearing, to make his just Defence, that so he may not be surprised and overtaken unawares. Nor did the said Nevil prosecute Master Alexander for this offence; but was prosecuted by him foroffending as he did, as the proceedings manifest; unlesse that his surprising him thus in his absence, and without defence, may be called a prosecution, which was a persecu­tion rather.

It should seem their judgements, which upon the first debate of the Judges Certificate were but inclineable to be of opinion that Master- Ale­xander should have blotted out those two words in the Paper-copie of the said John Warrens Deposition, were now brought about, without any other Reasons given the before, to be absolutely resolved therein. A good fore-man of a Jury, we say, is able to do very much with his fellows: But if the Court were so resolved, you may well perceive how some of them were misled therein, and how it was brought about that they be­came to be so mistaken. And if the Court had been thus misled in their judgements in censuring and condemning the said Yates, they were not [Page 54]long out of the way, an hours time was the most, of their abberration, by their own acknowledgement; for in such a space they dissolved all again that they had done before: and for so little a time of restraint, they rewarded Yates very well: For besides that, upon no terms the Lord Keeper Coventry would hear of any thing that might make out to continue the Censure against him: Notwithstanding, if the said John Warrens De­position to that 39 Interrogatory had been set aside; yet the Court abso­lutely dismissed him with 130 l. costs, that ought to have given Master Alexander twice as much, with 1000 l. damages that he had sustained by his means, in the prosecution of that Suit against him, at that time, if to have done justly.

In this catastrophe and Close of all, you may behold a Tragedy acted to the life; a poor Gentleman so destroyed, as is without all president or example: wherein, contrary to the greatCharter, he hath suffered with­out mercy or moderation; his Estate, his Profession, his good Name, his Wife and Children, and all hopes and comforts taken from him but his life, at one blowe; and that, in all outward appearance, made so misera­ble, as it had been btter for him that that had been taken from him also, for then his sorrows and miseries had been at an end: But being thus be­reaved of all Society, and means of subsistence for the future, it must needs subject him unto the contempt and scorn of all his friends and others whatsoever, and drive him into despair of ever looking up into the world again.

And no sooner was this Sentence past, but presently aterwards, upon that Item thereof made in the said Sentence to theGovernours of Lin­colns-Inne, they taking all for granted and for truth that was contained therein, without ever fearching into the cause thereof further, or hearing [Page 55]of Master Alexander in any thing what he could say for himself, made the Order following.

Which without delary was put in execution, and his Chamber taken from him, albeit at that time he was indebted nothing unto the House for any Duties or Forfeitures, Commons, Pensions, Vacations, Chappel, Cel­lar, or otherwise. Now here it was not an open enemy that did me this dishonour; for then I could have born it; neither was it mine adversaries that did herein magnifie themselves against me: but they were my compa­nions, my guides, and mine own familiar friends, that took counsel toge­ther, and walked in the house of God as frinds, Psal. 55.13, 14, 15.

Yet that God that always takes care of his, and never fails to protect the innocent, so provided for him in this extremity, that within a short time afterwards he gave him such an unexpected being, as he must needs confesse he had perished, if he had not been undone; which no sooner was understood by his adversaries, but they began to pursue him again afresh; and making use of this Censure, do labour with it to crush him in the shell, that so he might not rise up in judgement against them for this injustice, untill the later day; and in the next place, this Fine of 500 l. must be begged of the King, as by the letters Patents thereof granted un­to Mastere Fulwood, then Secretary Cooks servant, doth appear.

Thus you see how malice still pursued Master Alexander at the heels, in all the latitude and extent thereof: Yet did that good God, who first took him into his protection, now raise him up friends again in his greatest trou­bles and extremities: And when now he was ready to be utterly undone, and swallowed up of his adversaries, his Father in Law Master John Ha­vors of Shelfanger in Norfolk, to whom he owes all the observation and duty of a son, and what shall ever rest in him to expresse his thankfulnesse, who beofre this time was disswaded against him, from doing any thing for him, by means of his adversaries, who daily did instill into his ears rumours of ill behaviour, and of such things as might settle him [Page 58]in an ill opinion and belief of his conversation; thus at length perceiving that it was purposely done, that they might onely gain the better oppor­tunity to destroy him; he now better looking into the businesse then be­fore, which God onely moved his heart unto, found out, that it was a meer practice from the beginning utterly to undo him, without cause; and therefore, of his own goodnesse, presently did compound with the said Fulwood for discharging and releasing the said Fine, and paid him, and took his Acquittance, and had the said Letters Patents delivered to him; and paid and satisfied the said Yates, and took his Acquittance, for the said 130 l. costs, and all other demands; and in like manner compounded with that unjust and evil man Henry Nevil, for the 50 l. given him in the said Sentence for betraying his Client, and took his Release also; think­ing now that he had removed all impediments whatsoever, which did lie in the way of M. Alexanders preserment in Ireland, being so far remote, and out of the eyes of those that sought his ruine and confusion here: and when he had done all this, he sent M. Alexander notice thereof. But this storm was no sooner thus blown over, but another cloud ariseth, at first as little as a mans hand, which afterward covered all his Fortune again with blacknesse, threatning a mighty showre of destruction to follow, if not sheltered from the violence of it. It was M. Alexanders good hap, by Gods assistance, and his good endeavours, to gain the good opinion of many Noblemen, Gentlemen, and others in that Kingdom, and by their countenance and employment, acquired much for the livelihood and sub­sistence of himself and family, and was in a fair way of preferment and doing good for himself, his wife and children: which his enemies here no sooner understanding, of purpose to blemish him, took occasion to send over into Ireland many copies of the said unjust Sentence, which they caused to be shewn to all Master Alexanders best friends and Clients there, to weaken him in their good esteem, and divulged and published the same alsO unto all his enemies there: as, sho can be a Practiser at Law, and be just and faithfull to his Client, and zealous in their Causes, but shall and must have an ill report of the adverse side, who will hugge such an opportunity to do him mischief? In all places also: they made it the subject of their discourse, at Councel-Table, and in all the Courts of Justice, But amongst the rest, they made use of one Master Richard Fitz Gerald, as he is called; his fathers mothers Sirname I know not: But because there are many Families of the Fitz-geralds in that Kingdom, to let you know the man I mean, he is Sir Dudly Loftus Knight his foster­brother, and was bred up with him a Boy at School, and maintained by Sir Dudleys father also, to wait upon his said son in that time; by which he got so much learning, as afterwards he became Master Greenham an Attorneys Clerk in Ireland: and having the great fortune to marry with the sister of a worthy gentleman, was promoted to be an Attorney in the Common-Pleas in Ireland: And aspiring to attain yet to greater Offices in that Common-wealth, and Master Alexander having then purchased the Office of the Kings Bench there in Ireland, during the life of one Ma­ster Henry Andrews the present Patentee, and Master Fitz-Geralds brother in law being also joyned Patentee with the said Master Andrews, but had bound himself both by Articles of agreement and recognizance not to meddle with the same during Master Andrews his life: And Master Fitz-Gerald [Page 59]having understood, that the way to rise unto preferment, was to attempt something against Master Alexander; whom if he could over­throw, he was confident of the same good successe to follow him there­upon, as happened to Master Fountain and Master Cook the Lawyers, in those brave atchievements which they accomplished against him, as afore­said: And hereupon, that he might be made secundary of that Office with his brother, did undertake to out Master Alexander thereof, and therefore first preferred a Bill of Complaint in his said brother in laws name, in his Majesties Court of Exchequer in ireland, against Master Ale­xander and his Deputies, the effect whereof was, to gain the possession and execution of the said Office from Master Alexander; but upon such slight and slender grounds, as there was neither law nor equity to warrant any such Demand. Yet Master Alexander well understanding the course of things in that Kingdom, and the alliances and dependence of one man unto another, and how far power and greatnesse might possibly prevail to do him hurt; and perceiving the inclination of the Court of Exchequer there, where the Cause depended, to over-rule a Demurrer which he had caused his Deputies to put in for their and his defence in that Suit; made his repair over into England with the Proceedings, to be advised here by Counsel the best he could, for to maintain his just right and interest in the said Office: But his departure was no sooner understood, but the said mastere Fitz-Gerald posts over after him into England, for London, pur­posely to have caused the remain of the said Sentence to have been exe­cuted upon him, and to have restrained him from making his return: He gained also letters of Credence and Recommendation, from Doctour Usher Lord Primate of Ireland, and others, to some Noble Personages and others here in England, to assist him in such occasions and busineffe as he should have then here to do: And being come to London, he made use of these generalls, against Mastere Alexander in particular, contrary to the minde of those from whom he received those Letters: and first he con­trives a Writing, which he stiles, An Information against Jeromy Alexan­der, sent out of Ireland the 12 of July, 1633. which he delivereth unto one Master Archibald Hamilton, that then was agent here for the said Lord Primte of Ireland and others, and insinuates unto him, that that thing was the businesse which he came about, and had to do, and which was recommended unto him the said Hamilton by the said Letters of the Lord Primate to assist Master Fitz-Gerald in: Whereupon, Master Hamilton wnet unto Mastere Alexanders old friends, the late Archbiship of Canterbu­ry, Laud, and the Lord Coventry, then Lord Keeper, and shewed them the said paper, which was presented unto his Majestie, with all the Aggrava­tions possible, to incense and cause his Highnesse indignation and displea­sure to continue, if not to wax more hot and fierce against him, insomuch as his Majestie well knowing some of Master Alexanders good friends at Court, who had often laboured with his Majestie in his behalf, informed them thereof, that for the time to come they might no more sollicite for him: And in the interim, Mastere Fitz-Gerald, or some other for him, up­on his earnest sollicitation, had procured a Warrant from the said Lord keeper Coventry, directed to the Warden of the Fleet, strictly charging and commanding him to make diligent search for Master Alexander in London, and wheresoever, for to apprehend him, and restrain him in safe [Page 60]custodie, till he should perform all the parts of the said Sentence, which Mastere Fits-Gerald and the Warden of the Fleet did pursue with their ut­most diligence: And that this truth may yet appear the clearer, be pleased to cast your eye upon the same Information, which followeth in these words.

Thus you may perceive, that to reproach, is as easie as for to empty: But Christianity is so much the better, that Nero reviles and persecutes it: Yet see then the disposition of the man, who conceived within himself, which [Page 61]he thus expressed, that the oppressions of men had taken away from Ma­stere Alexander that which was descended from his Ancestours, and as na­turall to him as the blood running in his veins; for he will be able to de­rive his Pedigree from Gentile Families, by both sides of his Progeni­tours; which, if the height of spleen and rancour had not been in the Gentleman, he would have been ashamed, if to have been accounted civil, to have left out amongst the rest: But disgrace being the end he aimed at in it, sought to improve that with the most advantage, and therefore as in­fatuate, in the next place he addes, Being formerly an Attorney; as if it were a shame for a man to attain a better Fortune from lesse beginnings; and as if it had been a great disparagement for to have learned the practick part of the Law the first, which, those that better understand the studie of it then himself, can inform the Gentleman, that it was his great mistake, and that many famous and eminent Lawyers heretofore have been first Attorneys; insomuch as in former times, he was not admitted to be of an innes of Court, that had not first been of an inne of Chancery, living amongst Attorneyes, to understand the course of pleadings, and practice of the Courts of Justice; which to know beforehand, doth much advance a Student in his way, that he gains his Profession with more ease, and falls into practice the better prepared for the advantage of his Client. But what you do observe in this his Information more concerning the Cen­sure, is but rolling over the same stone again, of which you have well un­derstood the nature thereof before; and therefore to say no more of that, concerning the injustice of it: Yet hereby you may perceive the good will of the creature, that upon all occasions had no other staff to beat this dog withall. Albeit this Gentleman took upon him the boldnesse to do more then any other before him had done, and to cause his Majestie to be infor­med, that it was a high contempt in mastere Alexander to use the profession he had been bred up in, to acquire livelihood for to sUpport himself and family, and all because Mastere Alexander had crossed his expectation by it there in Ireland: But did S. Peter and S. John, when by the Rulers, El­ders and Scribes they were commanded not to speak at all, nor teach in the Names of JESUS, Did they forbear? What can b emore done to a man to take away his life, then his means of livelihood? and starving to death, of all others, is said to be the cruellest murther. But this Gen­tleman, your see also, had a high and great opinion of the dignity of that Court of Star-Chamber, which he styles so high and honourable; which I believe that highest and most honourable Court of Parliament better understood then he, when they dissolved it for the extreme oppressions and grievances it brought upon the people. He would have Master Alex­anders practising also in Ireland too, to be to the great scandall of the Law, which he so little understood, as at the very first Bout he went about to desile his own nest, to disgrace the Profession of an Attorney, he being one him self; but bred up therein, I must confesse, so far distant and re­more from these Schools of that mysterie, as I believe he was ignorant of the use and value which the law sets upon a well-practised Clerk: ANd if it were such a scandall for a lawyer to have been fined in that Court in those days, as he doth presse it, (albeit, I must confesse) he that knows the will of his master and doth it not, is to be beaten with many stripes) yet they were not all Saints in that time that sat upon the Bench; but were Judges [Page 62]under whose judgements many a good and innocent man suffered, and was ruined, besides Master Alexander, and of the same Profession too; howso­ever Justice, where it meets with those that are offenders in deed and truth, hath no respect of presons, qualities, or conditions; but he that sinneth must die, and without scandall to him that doeth well: And in those days, who is't but doth know this Gentlemans so high and honourable a Court, as he calls it, was but a Stage or Theatre, wherein the politick Statists of that time acted the Tragedies of such who would not comply with their evil Counsels, to have destroyed our Religion, Laws, and Li­berties, and subjected the Subject to a perpetuall slavery. You see also, it grieved M. Fitz-Gerald that M. Alexanders father in law had done so much for him, as to acquit him from all those Vulture, which for the Fine and other moneys, would have divided his coat: But that which stuck in his stomack the most of all, was, that the feared Master Alexander should also procure his Pardon of all the rest of the Sentence, without making submis­sion to his Majestie, and the Court which censured him: though that were a little more then the Court had enjoynedto be done to his Majestie, yet see how by his good-will he would have interested his Majestie in that busi­nesse more particularly, though not more then the Sentence, and all to unfold a mysterie which he, in his high conceit, apprehended was never understood before, by all those Apollo's and learned Judges of that Court, which, by his leave, were so well verst, and understanding that matter, and the project they had in hand, as they best knew where the shoe wrang; and what they had done in it, was for another end then all the wisedom he had could reach unto; and for his eyes, he was not so clear sighted, as to look into a Milstone further then they. But this was not all, for he saith further, Master Alexander lived in Ireland Very proudly and arrogantly, apt to fall into that scandalous offence again upon every occasion. It should seem by this, the Gentleman had a spirit of Prophesie, or was well verst in Phisiognomie, that he could by a mans countenance tell him his Fortune; or that he had some Raptures or Revelations that made him so cunning to foretell things to come: for surely, to the eyes of those that lived there in conversation with Master Alexander, saw no such appearance: and as for Master Alexanders own heart and conscience, he found himself free from any such inclination; and all the following story of his life never yet de­clared any such matter. Then it must needs be, that spirit was in the mouth of Ahabs Prophets, which deceived him; which because it were a shame for the Gentleman to confesse, Master Alexander is content that he be silent; although his experience hereof by this time sheweth him his errour. But look a little further, & hinc illae lachrimae: Master Alexander endeavoured to be Clerk of the Crown, and to be joynt Partner with Master An­drews; for so he says; and here the shoe wrung him: and then this Gen­tlemans great hopes, first to be Secundary thereof to his brother in law, and in time to be master of the Office himself, would be at an end. The Proverb is, that Murther will out: He travelled till he was delivered: And I appeal herein, if these wilde Gourds spoiled not all the pot of Pot­tage: Dolosus versatur in universalibus: And whiles he kept his tongue within his teeth from relating particulars, to him that understood not the mysterie of the businesse, would peradventure have approved his zeal, as if it had been for justice, upon one that never offended: But since his [Page 63]own interest appears now to be at stake, what indifferent man will be­lieve him in all the rest. But, saith he, The Records of that Court coming to his hands, Master Alexander may do a world of mischief, having so fine a trick of raising and falsifying of Records. Surely, if the man had been well in his wits, and not past shame, he would have blushed and trembled to have presented such an untruth unto any man, much more unto such great Lords and Peers of the Kingdom; but most of all, unto a King: And I wonder when he perceived such strength of opposition to be against Master Alexander as he did, and with whom he practised, and thus joyned to ruine him; that if he had ever read the Statutes of England and Ireland, (which I dare say he will tell you he hath done all over, and all the Books of the Law besides, and understands it far better then Master Alexander (which for a quiet life, he will grant him to be so into the bargain, that he may yet be more conceited of his own worth, and unparallel'd abilities) but in such case he must, I say, have found, that to rase and falsifie a Record is Felony: And if Master Alexander had committed such an act, the Court of Star-Chamber, by that Sentence, would never have troubled themselves for to have studied out means to have buried him alive, if they had had that neerer cut to have removed him out of the way: But on malice be it. And now if the Prayer of this Information be well obser­ved, this will appear in its colours to all the world: It is prayed, That Ma­ster Alexanders Pardon might be stayed at the Great Seal. Fond man! I see thou knewest not that the Lord Coventry had solemnly vowed before, and professed; that never any Pardon of this Sentence should passe the Great Seal for Master Alexander, whiles he was Keeper of it; and he made but use of Master Fitz-Gerald in this kinde, to give a further colour for this re­solution: and yet, poor man, in he mean time, like the Fly that sat upon the Axletree of the Cart, he verily thought it was he that raised all this dust, which was the turning of the wheel: And he would have this Pardon stayed too, untill Master Alexander should be transmitted by the Lord Deputy of that Kingdom, to submit himself unto the said Censure, not knowing that in this time he had made Master Fitz-Gerald carry the Rod which was to have whipt his own tail; for had he prevailed to have had Master Alexander attached here, he had instantly seised upon the Office, as wanting one to look over a place of such eminency in the State, in the ab­sence of Master Alexander; and having been once possessed thereof, neither his brother in law nor himself had ever lickt their lips after it, should ever have been the better for it: And Master Alexander can assure him, that if he would have parted with his interest therein unto his Lordship the then Lord Deputy, as he was earnestly dealt withall and treated with for that purpose, he was promised his Lordships great friendship into the bargain, and 100 l. more, ready down, then Master Fitz-Geralds brother in law gave him for it. Then to look a little further in this Information: If all this could not be obtained, then Master Fitz-Gerald would play at small game, rather then to stand out; prayed, That there might be inserted in the said Pardon a Clause of Proviso, that the said Jeromy might not be allowed to practice or bear any Office in Ireland. You see how still he pleaded for his own interest, and how maliciously he set himself to have destroyed Ma­ster Jeromy; for now he thought him no longer worthy of his Sirname of Alexander: and indeed, having ungentleman'd him before, and taken [Page 64]his Sirname from him now; so, if he might have had his will in his de­sires, he would have left him without welt or guard, at the last: for if he could have prevailed that Master Alexander should not have been admitted to use his Calling, neither in England nor Ireland, niether publikely or privately, nor to have born any Office, What course could he have then taken for a living? dig he could not, and to beg he was ashamed; and what other way had been left him, whereby to have maintained himself and family? And this this worthy Gentleman would have done, to have sa­tisfied his Spleenatick humour. Yet, like the son of such a father, he gives this reason for it; In regard, saith he, of his constant persisting in foul practice, having thereby done prejudice to some of the Nobility, and severall of the Clergie in that Kingdom. You well know who was the father of such untruths from the beginning: And Master Alexander is certainly perswaded, that it was the invention of his own brain; for wrong he never did to any man in that or this Kingdom, nor in all the world, that he is conscious of unto him­self; nor did any man there, that was not of his Confederacy, ever com­plain of the least ill measure or miscarriage done him by Master Alexander: And those Complaints wherein he had a hand, albeit they had the said Lord Deputies best countenance and assistance, and what he and all the enemies which he had could invent and put upon him; yet did Master Alexander clear himself of whatsoever Accusation, and left the shame to rest upon them all, to whom it justly appertained. But peradventure Ma­ster Fitz-Gerald will answer this, in the language that he informed it in, and whatsoever his ill meaning was in the matter, will take the words in their proper sense; and so tis true, Master Alexander by his Practice had done some of the Nobility and some of the Clergie prejudice: Sure it was his Profession to do so, when he overthrew them in their unjust Suits, wherein he was of Counsel against them, yet did them no wrong therein, nor injury; unlesse in Master Fitz-Geralds esteem it was not fair for any man of Law to have opened his mouth against a Lord or Prelate of those times: And for the Clergie, Master Alexander can but wonder that the should make use of their names in so false a thing as this, when tis well known, Master Alexander had no such ill opinion amongst the Clergie. And that you may perceive that Master Fitz-Gerald circumvented the Lord Primate of Ireland, in gaining this Letter from him under such Generals, to do Master Alexander a mischief: the Information being sent over to Master Alexander out of England, by his friends at Court, to let him know how his Majestie was thus again possessed and incensed against him; he went therewith unto the Lord Primate, and shewed his Lordship the same; in­formed him that his name was made use of, as one that sent over this Com­plaint against him; which he utterly disclaimed; and, to go Master Ale­xander right therein, gave him the Certificate under his hand, which fol­loweth in these words:

Which being sent over for England, and shewed unto his Majestie, begat a little better opinion in him of Master Alexander then before: Yet when­soever his Majestie was sollicited for a Pardon in his behalf, the Lord Coventry still was advised with herein, as it was his place; who so in­censed his Majestie still again and again against Master Alexander, as for a long time he stopt and kept the current of his Majesties mercy from him: All which he did, fearing Master Alexanders return, and that he would complain of the injustice done him, which you may perceive he was no ways able to answer in this matter, the same so grosly appearing out of the proceedings, that there needed no proof but the Records of his own actions, to manifest the same. And now after this, Master Alexan­ders father in law Master John Havers, and his uncle Captain Edward Ha­vers, being well satisfied by Counsel of the iniquity of the Sentence, and by Master Noy for one amongst the rest, out of their meer goodnesse, could hold no longer, but were resolved, That if the Lord Coventry should interpose in the matter any longer, against Master Alexander, they would complain of him unto his Majestie: yet first they attempted again to obtain his Majesties favour for a Pardon; which, with much ado, his Majestie granted; and for which, Master Alexander doth own very much to the Right Honourable the Earl of Pembroke, who being well informed in the businesse, and finding with what a high hand he was opposed by the Lord Keeper for his own ends, would not be denied of his Majestie therein; by which means it was obtained: Yet when it came to be drawn up, the Lord Coventry came to the King again, and would have perswa­ded his Majestie against it; but finding him and resolved to have it done, when he perceived it must passe, yet then with his importunities he pre­vailed to have the Condition inserted in it howsoever, That Master Alex­ander should not use his Profession here in England: and after all this, yet stopt it at the Seal for some time, notwithstanding, till Master Noy, being then this Majesties Attorney-Generall, came to him of purpose, and told him reasons why it were better for him to passe it so, then to endure a Complaint; and thereupon he sealed it, much against his will; which followeth in these words:

And lest you should suspect, that Master Alexander hath spoken much of this without-book, and without ground of the said Lord Coventries car­riage towards him in this matter, by his continuall interrupting His Ma­jesties grace and mercy towards him, for some yeers together; be pleased to read the following Affidavit, which Master Alexander hopeth will sa­tisfie the truth of his Allegations.

And now after all this, a man would have thought that Master Alexan­der should have been at some rest and quiet from further trouble in this bu­sinesse: But afterwards it so fell out, as that he, being entrusted by the Earl Marshall of England in the managing of a Suit which his Majestie had given him for such Lands in Ireland as were his and his Ladies Ance­stours, and to which he could make out a good Title for the King: which when he had waded in so far, as that he had made it to appear unto the then Lord Deputy the Earl of Strafford, that a good Title would be found for his Majestie to a great quantity of Land which had sometimes been the Inheritance of the Earls of Norfolk and Shrewsbury; covetousnesse, and something else, now made him the said Deputy to cast an eye upon it for himself: and lying all not far from Dublin, within the Province of Leinster, where the said Earl of Strafford had gotten some footing before; first, his Lordship did labour with the Earl Marshal to have quit his pre­tence unto it, alleadging, that it would hinder his Majesties designes of raising a Revenue in that Kingdom unto the Crown, and would be other­wise of differvice to the State; with other like Objections; with which he so prevailed, and with other Insinuations, and promise of service to the Earl Marshal in other things, that he had almost perswaded him to give over his Suit: And in the mean time the said Earl of Strafford had pro­cured Letters from his Majestie, and issued out Commissions to entitle his Majestie to these Lands, as derived from the Earl Marshals and his Ladies Ancestours, which M. Alexander had discovered: And having found one Territory thereof, but not the tenth part thereof, afterwards procured more Letters for to passe the same to others at a small Rent, under a hundred pounds per annum, which was no lesse in value then between three and four thousand pounds per an. Which M. Alexander perceiving, informed the Earl Marshal thereof, and of the true state of things: Whereupon, his Lorship finding himself thus injured and abused by the Earl of Strafford, did labour his Majestie that he might go on with his Suit for those Lands, and did proceed so far, as that many of the terre Tenants, the ancient Natives, who had been in possession by intrusions by them and their An­cestours for many Generations, some hundreds of yeers, Master Alexan­der had so satisfied them in the weaknesse of their Titles, that, without [Page 70]more ado, the chiefest of them began to surrender, and did surrender their estates into his Majesties hands, with intent that they should be granted to the said Earl Marshal and his Heirs, according to the Tenour of his Majesties Letters in that behalf; and were resolved to stand to the said Earl Marshals courtesie for new Grants to hold of him and his Heirs: Which thing when the said Earl of Strafford perceived, and that, the Earl Marshal having gotten this footing, the said Lord Deputies project therein concerning himself to get those Lands, would be at an end; and so he was not onely like to have too powerfull a Neighbour, but his actions must thereupon be sifted and discovered, in that wherein he had broken both trust and all bonds of friendship with the Earl Marshal, now he the said Lord Deputy saw he had no other way to acquit himself, but either to gain Master Alexander unto his party, or by crushing him altoge­ther, that so he might be quitted of him; he therefore attempted first by all expressions of favour towards him, to win him; and at all places, and in all cases, where he might shew him countenance, he did it, for a time, till he perceived that nothing could take him from his duty, or to violate the trust the Earl Marshal had put in him, but found that Master Alexan­der the rather proceeded with the more zeal and earnestnesse in that busi­nesse then before, and by this opportunity was able to have done the said Lord Marshals businesse without him; when he thought twas high time to turn about, and that speedily, or it had been too late; for all the posses­sours of those Lands were resolved to have made the like surrenders of their estates as their neighbours had done before, into his Majesties hands, &c. Whereupon, spirits were raised up, to fined out other particular in­terests and claims of private men, which were set on foot against the said ancient possessours; and albeit without colour or shadow of Title, yet it was enough to embroyl the businesse, and for to hinder the Earl Mar­shals smoother proceedings: and now a Bill was first brought against these Gentlemen, for no other cause, but for making these Surrenders of their estates into the Kings hands; And because it was pretended to be done in prejudice of those claimers that had no colour of right; yet for this, and no other thing, were they grievously fined and censured in the Castle-Chamber there, for thus giving away their own Lands unto the King: and the Court of Wards, and all Courts there, were now filled with Suits against the Occupants, and their estates and possessions ordered from them, and they outed of their Interests, which they and their An­cestours had enjoyed for some hundreds of yeers before: and in this time they could get no Lawyer to plead or speak for them, but Master Alexander; for which cause, the said Lord Deputy had wrought all the Judges, some few excepted that were just men, to disfavour him, and fix whatsoever upon him to disgrace him, when he came in their way; also, whomsoever he was that would complain against him, had the said Lord Deputies ears open, and his creatures too more ready to receive, then any of them could possibly be for to petition against him: And thus Master Alexander had almost enough to do to make his own Defence against such clamours and false things which were thus received against him, whereof he still cleared and freed himself; but without any recompence of his losses and damages thereby sustained, and without all repair for the base scandals were thereby put upon him: whereupon, he perceiving himself [Page 71]thus resolved and destined unto ruine, by some one means or other, were it right or wrong; and having understood out of his Lordships the said Lord Deputies secret Closet, that he had assuredly purposed and determi­ned to ruine him; therefore, foreseeing the danger, M. Alexander prepared, the best he could, for to prevent it: and now by the opposition that was between them, by which means those that were in like manner oppressed did still repair unto Master Alexander for advice and counsel, he under­stood the most of his wicked actions; and observing his ways against others, and that there was no fence for him to save himself, whom he purposed for no destroy; therefore Master Alexander came for England, and yet without his Passe, which was the thing he stormed at; having before this time made an Act of Common-Councell (which he declared should in all tings be as binding as a Statute-Law) That no Subject of Ireland should come for England, or go elsewhere beyond the Seas, with­out his special License: which when any endeavoured to obtain at his hands, against whom he had any thing to say, he must be sure to ask and go without: howsoever, if he had no fair pretence; yet then it must be delayed at the least, so long, untill some way or other was found out to obstruct his passage; and so enthrall and trouble the Passenger, as ruine was the end at last, against whomsoever his displeasure and indig­nation did arise: And if it did so fall out at any time, that any man had obtained his Majesties Letters to him, requiring his permission to let him come for England, he would notwithstanding hinder him, if he were such a one as he had no minde to let depart, or whom he feared might tell tales at Court: therefore Master Alexander procured the Warrant fol­lowing for his repair into England, and made use of it for his coming away accordingly.

By force of which Authority, Master Alexander made his repair over, having delivered his Letters first: But his Lordship not being at leasure to give an Answer, he took his Voyage, and was here in London before that ever his Lordship thought he had left that Kingdom; whereat he was much troubled and enraged, and therefore wrote over these ensuing Letters to Sir Francis Windebank Knight, then one of his Majesties prin­cipall Secretaries of State, for to inform his Majestie against Master Ale­xander for his coming over thus, before his Lordship had declared it to him to be his Majesties pleasure; and that would have been possibly ad Grecas Calendas.

By which you may perceive, Ovem in fronte, Vulpem in corde gerit: he pretends fair, but meant nothing lesse then what he said: all his endea­vour was, to have Master Alexander sent to him back again with a Rod at his back, as the Earl of Kildare was, of whom he gives instance for that purpose: But His Majestie having read the Letters, was displeased for a time, and caused Master Alexander to be committed to the Fleet for this, notwithstanding he had His Majesties own License for his coming over. And well it was for Master Alexander that he was so imprisoned; for though it was conceived too much punishment for so small an offence, yet it stopped the Earl of Straffords mouth from all further complaint against him; or otherwise he would never have left, till he had gotten him to have been sent over back again for Ireland, and left unto his mer­cy. You may also perceive how willingly he was mistaken, falsly to scandalize and traduce Master Alexander unto His Majestie in the matter of this Sentence, terming the Accusation Forgery, which he well knew was not so, having had a finger in the businesse long before; but did it purposely to lay a block in the way of Master Alexanders preferment, fearing lest Master Alexander, by his friends, might procure something of his Majesties Gift that he would not have been well pleased withall; and if he and his best friends had not bestirred themselves quickly, and to purpose, Master Alexander had been so placed by him, as must have of­fended him to the heart; which place to have been setled upon Master Alexander, he would not have much cared either for his power or anger. For the manifestation of this truth also, be pleased to see the Warrants for his Commitment and Discharge.

Thus far you may perceive what oppression Master Alexander still en­dured by he opposition of these great Favourites of those times; yet still God delivered dim out of all: But the said Earl of Strafford grow­ing still into more and greater favour with his Majestie every day then other, as the businesse he laboured in grew riper, and neerer execution: And Master Alexander perceiving, that, albeit the late Lord Viscount Loftus of Ely, sometimes Lord Chancellour of Ireland; the Lord Mount-Norris, now Viscount Valentia; Sir Frederick Hamilton Knight, and others, had against him to be heard, in the foulest, and most palpable, and grosse injustice and wrong done them, that ever was done, or heard of to be done in a Civil Common-wealth, and yet could obtain no right or redresse of their injuries; but, instead of relief, were crushed, by means of his power and greatnesse: And knowing him to be an implacable ad­versary, that never was satisfied, without the ruine of him against whom he once conceived a displeasure: And Master Alexander therefore not being able to return into Ireland, to live upon his estate; and having two such good friends at Court as my Lord Coventry the late Lord Keeper, and his little Grace of Canterbury, and their Faction, which stood in the way of his preferment here in England; and then not being able to exer­cise his Profession, for the reasons aforesaid: the case thus standing with him, he took a resolution to travel beyond the Seas, and did so; where after he had spent some time abroad, it so fell out, that, contrary to all expectation, this Parliament was assembled; which being sate down and setled, he was called home, and returned, when he found the said Earl of Strafford accused by the Parliament of high treason, and therefore com­mitted, and his Charge delivered in against him; who assisted in making good those Charges, what he could, in the prosecution thereof, to bring him unto justice, that scarce ever did any man justice him­self in all his life: and then Master Alexander also, amongst many others, then petitioned the Lords in Parliament against him, to have been relie­ved for the great oppressions and injustice which he had sustained at his hands; as by the same Petition may appear.

But the said Earl being executed for Treason, ended Master Alexanders Complaint, and so left him, and all others that had petitioned against him, without remedy or relief.

And least Master Alexander also might be thought to have let this mat­ter of his Sentence, rest without question, or desire therein for to be purged, there being an opportunity now given by the sitting of this Par­liament, to redresse such Injuries; he no sooner came home, and returned out of his Travels, but he likewise presented his petition to the Honoura­ble Lords in Parliament, for the review and reversall of this so unjust and erroneous Sentence, the Tenour whereof followeth,

Which being so preferred, it was by their Lordships Order of the 12. of May, 1641. And of severall other Orders made by their Lord­ships, referred to the Lords Committees, appointed for the Star-Cham­ber, to be heard, as the same Order, and the rest, ready to be produced, will make appear.

Then that it may appear with what earnestnesse Master Alexander pres­sed the hearing of this Cause, and to make all prepration for it, having formerly lost all his Papers and Copies of Bills, Answers, Depositions, and proceedings in that businesse: By the favour of the Honourable Lords, he also gained the ensuing Order, and by that, had the favour to procure the same with more speed: But for all that, the said pleadings and proceedings, cost him much money.

But the great and publique Affairs of the Kingdom encreasing and growing every day more and more; albeit, Master Alexander did labour all the wayes, and friends he had, for to have gotten his said Cause to have been heard, yet could not procure it: So that after almost a yeers attend­ance about it, with no effect, he was enforced to forbear the further soli­citation of it for a time, and made his repair over unto his Estate and Fa­mily in Ireland, from which he had been absent above four yeers and a half before, constrained by the Earl of Strafford as aforesaid, where he had not continued above five weeks space, or little more, but thta horrid Rebellion there brake forth, Master Alexander being then in the County of Meath, not aboe 24. Miles distant from the City of Dublin or there­abouts, and within the Pale, little sulspecting any such danger; and whereas the Tragedy should have been acted at Dublin the 23. of October, 1641. Which blessed be that good God, which so miraculously prevented it, upon the 24. day of October, 1641. There was an attempt made upon Master Alexander, to have surprised him, his wife, and family, which had assuredly been his destruction, and was the immediate finger of God that preserved them: And albeit, he escaped with his wife and family, the most of them with their persons; yet did the said Rebels, both there, and in other places of that Kingdom, then instantly seize upon a personall Estate of his in Goods, Chattels, and Cattells, to the value of 6000 l. or thereabouts, and possessed themselves of a reall Estate of his in Lands, which yeelded him above 1000 l. per anaum, all which they shared and devided amongst them, and do possesse to this day.

Thus then you may perceive into what sad a condition and distresse Master Alexander was brought again upon a sudden, being dispoiled of his whole Estate and Fortune; and by reason of the troubles, both here and there, out of all hope or expectation any way to acquire any lively­hood, and subsistance for himself, his wife, children, and family; yet in this great straight, chose rather to come for England, then to remain there, where he perceived he could neither do good for himself, or the Coun­trey; and being come over, that good God who hath hitherto never for­saken him in his greatest troubles, did so move the hearts of his friends, and acquaintance, that they gave present supply unto his necessities, be­yond whatsoever he did imagine, or could expect: And now if he would have remained with them in the Countrey, might have had a competent provision made for him and his family, by his friends; which to have embraced, he should have lived much more free and safe from danger, then he hath done since; but he was perswaded by some of the worthy Mem­bers of the House of Commons now deceased, rather to settle here in this City of London, to whom they privately engaged themselves, in such case, that he should not want for sufficient maintenance, and resting thereupon stayed, and hath now for this three yeers space, and more, continued here; and with his utmost diligence and abilities, faithfully, and constantly, hath served the Parliament in such commands as they have been pleased to enjoyn him; and of which, he doubteth not, but all those with whom he hath had to do, but will give testimony of his carriage, and the good demeanour of himself therein, accordingly; yet such hath been his unhappinesse, still to meet with persons ill affected to his pro­ceedings, and maligning him, even in those services which hath no way [Page 85]conscerned his particular; but for his promoting the publike, with more zeal and candour then sufficient (for he calleth God to Witnesse) that to the best of his understanding, he hath not done anything to the prejudice of the Parliament in the least, or with any by-end or sinister respect for his own private, but with singlenesse of heart, and a good conscience to this day, hath laboured to approve himself just and fair in all his pro­ceedings, both before God and man; and he cannot help it, if those that have sought themselves, and peradventure, have missed their ends by his more watchfulnesse in those wayes, and things, wherewith he hath been intrusted: If some such as these men, have aspersed him behinde his back, for his labour, with falfe and scandalous reports, and otherwife have at­tempted, for to destroy and ruine him, which he shall let you see have therefore done it, not that if they could herein have accomplished their desires, it could any wayes have advantaged the common cause, but onely to have removed an impediment out of their way, which was too quick sighted perhaps, to let those things passe unseen and undiscovered: And therefore no sooner was he observed to be imployed in any thing, that was Parliamentary, but the malice of his enemies began afresh to display it self; and now they laboured with all those with whom he had to do, to possesse them with an evill opinion of him; sometimes affirming, that he was a Papist, and held correspondence with Papists, intimating the Earl of Arundel to the such a one; and alleadging, that Master Alexander held continuall Intelligences with him beyond the Seas, and with his Son in the Kings quarters: And albeit, Master Alexander conceives his Lord­ship, and Son, not to be of that Religion; and that it had been no offence to have written unto his Lordship, the said Earl, or any attending upon him, of such things as were no wayes prejudiciall unto the State: And albeit, you may well perceive, by that which hath been said before, That Master Alexander and his Friends, and Kinred on both sides, have had Relation to that Noble Familie, and dependance upon them for some Ge­nerations; and that he hath in his own particular, been imployed in his Lordships bufinesse, and to have received many favours from him, and disasters for his occasions; and therefore, that it were an Act of ingrati­tude in Master Alexander, not to serve his Lordship and Family, in all law­full and just Commands; yet was it a thing never so much as desired by them, or any about them, to imploy him in any thing concerning their Affairs, since the unhappy troubles here begun, nor hath he ever received Letter from them, nor written Letter to them, nor any about them, since they left the Parliament; either into parts beyond the Seas, or into the Kings quarters: Master Alexander being well understood to be of another judgement, which he hopeth he hath manifested by his conversation, and endeavours in the Service of the Parliament: he hath otherwise been taxed to have held correspondence with Rebels in Ireland, (and under that Ge­nerall) some have defamed him behinde his back, to have held correspon­dence with the Marquesse of Ormond, and that he sent him a 1000 l. which all that knows Master Alexander, as it is now with him, he was farre unable to do: And Master Alexander hath been committed into custody of the Serjeant at Arms, of the House of Commons, as by the Order following may appear.

By force whereof, Master Alexander was not long after taken into custody by the said Serjeant at Arms, and some of those that wished Master Alexander no better then the rest, did earnestly presse then to have had his House, Studdy, Trunkcs, Papers, and all strictly searched, ran­sacked and perused, upon this bare supposition; and he hath heard Master Richard Fitz-Gerrald was of the same opinion, which was then notwith­standing forborne, by the discreet carriage of those that better under­stood Master Alexander, and his carriage, then Master Fitz-Gerrald: But that you may more cleerly understand the demeanour of Master Alexander in this matter, concerning this 1000 l. charged by him, to have been sent to the Marquesse of Ormond; will you be pleased to consider it in the order following.

Which matter being afterwards examined by a Committee of the Ho­nourable House of Commons, made Die Lunae, 23. Octob. 1643. where Master Lisle had the Chair, and Master Alexanders innocence and clearnesse, appearing unto the said Honourable House of Commons, that Master Alexander had done nothing therein but what he was commanded by the said Committee and Treasurers of Grocers Hall, and what was agreed and resolved upon, when Sir John Clotworthy Knight, one of their Members was present, he was thereupon discharged, as appears by the Order made by the Honourable Houses of Commons upon that report.

But no sooner was Master Alexander delivered, and out of restraint, Nehemiah 10, 11, 12, 13, 14. but presently again, to terrifie and affright him, thinking thereby to make him [Page 88]leave and forsake this City, if to have been afraid of his own shaddow; it was declared unto him, That he was accused strongly by some at a pri­vate meeting, for doing ill offices between the Parliament and City of London, wherein he was charged to have done that which he could but answer with his life; and that he was also voted by a Committee, for to be again committed to the Serjeant at Arms of the House of Commons, which was so ordered as it was related; and if the Serjeant at Arms would have adentured to have taken Master Alexander into custody again, upon an Order made by those who had no power of commitment, he had been certainly imprisoned the second time, and upon like ground as before; but when the mistake was better understood, or at least the end thereof failing, and being disappointed, and Master Alexander therefore walking still at large, the further pursuite of that Order ceased: But not long afterwards a new device was set on foot again for to inthrall him: And thus it was, Master Alexanders wife having borrowed some Houshold-stuff of one of her Kinswomen, here in Town, wherewith to furnish him a house, was constrained to bring the same into her house when she could have it, in the Winter time, about six a clock in the morning, and six at night, which was colour enough to pick a quarrell at this proceeding, and to give out, That these Goods were belonging to Malignants, and that there was much Plate amongst them of great value: Under which pretence and supposi­tion, or for some other prerence, one day when Mast. Alexander was known to be absent from home, one Master Maurice Gethin, and Master Tempast Milner, Citizens of London, were dealt withall by some of Master Alex­anders enemies, by colour of an Ordinance which they had obtained of the 16. of October, 1643. to seize upon (Papists, Delinquents, or Malig­nants Estates, seizable) to come to the house where Master Alexander was lodged in Loathbury in London, and to enter the same, and under pretence to search for such Goods of Deliquents, Papists, and Malignants, to seize and possesse all Master Alexanders Papers, and Writings whatsoever, which they could finde: And the said Master Gethin, and Master Milner, with ten Persons more at the least in their Company, and whom they had hired for that purpose, on or about the of 1643. having watched their opportunity, when Master Alexander was from home as aforesaid, they forcibly entered into his house, and set a strict watch and ward round about it, not suffering any body to go in or out, till they had effected what they came for; they also in an instant entered severally into every Room of the house at once, there being none of his Family within doors, when they came in, but Master Alexanders wife, whom they thus very much ter­rified and affrighted: And albeit, she desired to see by what Warrant they did it, telling them they were mistaken, and that her husband was no such man, as to have his house entered after that manner, for a Papist, Malig­nant, or Delin quent; yet would they not shew her by what authority they so came thither: but with such Instruments as they brought with them, forced, and broke open Master Alexanders Studdy doors, Desks, Chests, Truncks, and Cabinets, in the severall Rooms at one time, and searched and ransacked all of them, and every Room and corner of the house; Inven­toried all his Goods, and seized upon every writing, and peece of Paper, that they found in the house, bound them up, and carried them out of his house, towards, Cambden house; and as they were carrying away, Master [Page 89] Alexander by chance coming home, met the same upon a Porters back; and all the favour he could obtain at their hands, was to go along with them unto Cambden House, where they were laid up untill they were viewed and seen by them, the said Mr. Milner and Mr. Gethin, and much ado Mr. Alexander had at first to perswade so much favour, as to have them viewed over in his presence, and it was a good time before he could prevail with them unto that, saying that it might be others might have the sight of them the first, and they did take advise assuredly of their setters on, before they would be drawn to view them; and after they had viewed and perused them, and found nothing that answered their expectation, Mast. Alexander had his writings delivered him back again with much ado, and was inforced to cleer the property of his goods by oath; and if it had not been his good fortune so opportunely, for to have met with the Porter carrying them a­way, ad they were going out of his house, he is certainly perswaded they had been all carried to the utterest enemies which he had; which he had not cared for, (if so they had not delivered back more then were taken from him) and so possibly might have made something of nothing: And albeit Master Alexander desired from them, to see by what power he was thus used, or abused rather, they told him they had a Warrant by Ordi­nance of Parliament to do it, but shewed him none; to which he submit­ted, notwithstanding upon their words; and thus Master Alexander had his Goods, rifled and spoiled, and some of them lost and imbezelled, and what Papers, or other things amongst so many as they possessed, are kept back from him, it is not possible for him to misse at present. That the Earl of Strafford himself never delt worse with any man in this nature; thus to force, and break open all his doors, Truncks, Locks, &c. without so much as ever speaking with him before hand, and well knowing Master Alexander to be a man well affected to the Parliament, and imployed daily in their service; and this done without any authority at all: For their said Ordi­nance, though it be of a very large extent, yet it extends no further, but that they the said Master Gethin, &c. or any one of them assisted with one of the Committee of Sequestrations, shall have power and authority to procure to be inventoried and secured to be forth coming, any Money, Plate, Jewels, Goods, Chattels, and personal Estate, in the Custody of, or to any Papists, Delinquents, or Malignants, whose Estates are seizable, &c. And Master Alexander was not in the compasse of this power; was yet never Papist, Delinquent, or Malignant; howsoever he doth not under­stand, that they had any colour to take away writings and evidences, nor thus to deal with him, when they were informed what he was, yet thus hath he been dealt withall; and when he desired from them, but to be in­formed who were their setters on; their answers were (that if they had not done it, others would) whose names they would not discover for a 100 l. all which also, he hath hitherto indured with patience.

And it was not long after, that because he was so much favoured of some of his friends, in commiseration to him, having lost his whole estate by the Rebellion in Ireland. That he had his dwelling given him there in a manner gratis, that upon an instant, he was inforced to remove and leave the place, to satisfie the desires to some that thought it too much charity for him to enjoy such relief, when others that have lesse need, want it not, and enjoy what their hearts can wish.

All this not yet working that effect, so eagerly pursued after to destroy [Page 90]him, and it being understood that Mr. Alexander had obtained the favour and good opinion of many worthy Lords, and others of the Scotish Na­tion; And it being feared by his Pursuers least it might turn to some im­ployment, or other matter, which might advance him further in their esti­mation; therefore scandalized and traduced him to them behinde his back, and laboured to be made as odious, as if he were a monster, and a man not worthy of their acquaintance; insomuch, that it could not be withholden to be told some of them, that matters of their publike Affairs did receive prejudice by him, and would not receive dispatch, untill re­venge had been had of that Knave Alexander, giving him that Livery, and using that expression of him, which he hath passed by in silence too, amongst the rest.

But malice hath no end, but in the ruine of its object, or of it self, he hath escapt our fingers, sayes some afterwards, twice already, but if he doth it the third time, he shall have good luck, and then again was con­vented upon the supposition of high contempts, which ended in smoak. and vanished; a threatned man lives long: And thus when the innocent are minished, and brought low, saith the Prophet David, through oppres­sion, through any plague or trouble, though God suffers them to be evilly entreated through Tyrants, and let them wander out of the way in the Wildernesse; yet helpeth he the poor out of misery, and maketh him Housholds like a Flock of Sheep; the righteous shall consider this and re­joyce, and the mouth of all wickednesse shall be stopped; who so is wise will ponder these things, and they shall understand the loving kindenesse of the Lord, Psal. 107. 39, 40, 41, 42, 43.

But this yet rested not here; he must be exasperated and provoked fur­ther to impatience, to gain advantages if possible against him, whereby to enthrall and trouble him; and having a publike imployment to attend, he is there reviled with uncivill and approbrious speeches, and hath the lie given him, but for telling the truth, and was termed a base Fellow to his face, of him that was so indeed, (and by a person of far inferiour rank and quality to him himself) and all to have stirred him up to that which hath been heretofore accompted the reward of such fowl language; nay he had his Desk with all his Money and Papers in it, in his absence taken out of the Office where he waited, without any cause or provocation given; but the intent was the same of Mr. Milners, and Mr. Gethins, thinking to have made mighty discoveries of Correspondencies holden with persons ill affected to the Parliament; and do you not think that such a burnt childe as this, hath need to dread the fire; to be very wary and watchfull over his wayes: But to proceed, When all these things would not serve the turn, nor any other aspersions unjustly cast upon him, almost every day at pub­like 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 should come but to hear of him, then (Canis ad vemisum) this old censure is again revived to blanch him now in the opinion of those with whom he had to do, both in publike businesses, and concerning his own particular; and if possible thus to bury him alive.

Sir John Clotworthy Knight, a Member of the Honourable House of Commons, is without cause incensed a gainst Mr. Alexander, and labours his ruine by all the wayes and means he can; and now at a publike meet­ing of the Committee for Irish Affairs in London, whereof Mr. Alexander [Page 91]is a Member, the said Sir John Clotworthy speaking contemptuously and dis­gracefully of Mr. Alexander unto many others of the Members of the Committee, uttered these words and speeches to them, of him, saying, That Mr. Alexander was a perjured person, and that he had been fined for Perjury and Forgery in the Star-Chamber, further saying, That he was unworthy to sit amongst them, and wondered that they would so much as admit him into their Company; whereupon at the next meeting of the said Committee at Grocers Hall the 18 of November, 1643. the said Committee enformed Mr. Alexander thereof, and en­treated him, that he would forbear sitting amongst them, untill he should have purged himself of the said Accusations, and withall sent unto Sir John Clot­worthy, that he would be pleased to produce the said Sentence, by which the truth of his Allegations might appear, or otherwise they should have no reason to out Master Alexander of the imployment amongst them, and thereupon the said Committee conceived this Order following.

Thus you may perceive how violently he was prosecuted; but the said Order being accord­ingly delivered unto Sir Iohn Clothworthy the Committee for Irish Affairs at Westminster, where­of Sir Iohn Clothworthy is one, appointed a meeting for those Irish businesses at Goldsmiths Hall, whether some of the said Committee of Citizens, Adventurers in London, for Lands in Ireland, of Grocers Hall went, directed purposely to hear and see what Sir Iohn Clotworthy could pro­duce for making of that Charge good, against Master Alexander, where the Copy of the said Sentence was then read in their presence, and the Fait of the said pardon, so procured by his Father in law as aforesaid, which when those of the said Committee of Crocers Hall had heard, and well understood; they declared their opinions, That there was nothing in that Sentence which did make good any such charges against Master Alexander, as he had spoken of him; yet was it then pressed, That they would have joyned to have voted out Mr. Alexander from sitting any longer at Grocers Hall, as a Member of that Committee, which they refused to do; and afterwards at another meeting of the said Committee of Grocers Hall, they made the Order following.

All this brings to my remembrance, that story of Darius that Great King of the Medes and Persians, and the Prophet Daniel, who much against his willingnesse, being enforced to cast the Prophet into the Lions Den, for to satisfie the breach fo that Law, made by his Presi­dents and Princes, who when they could finde no occasion or fault against him, concerning the Kingdom, forasmuch as he was faithfull, made his Royall Statute and Decree, to catch him in things concerning his God, who crying out, O Daniel, servant of the living God, is thy God whom thou servest continually, abloe to deliver thee from the Lions? Answered, My God hath sent his Angel, and hath shut the Lions mouthes, that they have not hurt me, foras­much as before him innocency was found in me; and also before thee O king, have done no hurt, for he delivereth and reserveth, and he worketh signs and wonders in Heaven and in Earth, who hath delivered Daniel from the power of the Lions, Dan. 6. Master Alexander endured this great scandall also with silence, untill that the Irish Affairs might be setled, that so he might give no disturbance to the proceedings, with resolution afterwards to seek his remedy; and this failing to work that effect, for which it was intended, the prosecution seased not here, for then he must be yet again convented, but for executing of that power given to the Committee of Grocers Hall, whereof he was a Member, by the Honourable Committee of both Kingdoms, to do service for the State, in finding out, and sending away for Ireland, such Goods as had been bought and paid for some yeers before, with the Adventures Money and lay here and there in severall Stores and Houses spoiling, which were worth 5000l. or thereabout; and which at last, the said Committee sent for Ireland, to the Forces in Ʋlster, after a great deal of opposition. But in the performing of this duty, both Master Alexander, and all the rest of the Committee at Grocers Hall, have been accused to the Honourable House of Commons, for to have disobeyed the Orders of the Honourable Committee of both King­doms, as doth appear by the Order following.

By force of which Order, after that the Arms and Goods therein men­tioned, were on ship-board, and safely stoed, amidst many other Goods, Arms, and other things ready to be transported for Ireland, according to the Order of the Honourable Committee of both Kingdoms, the Ship was Rummadged, and the Goods tossed to and from, and much spoyled, to find out such Arms and Provisions which had no such Marks, as infor­med, and thereupon so many in quantity were taken from off a ship-board again, and it may be more then demanded, and what is become of those Goods, the Committee of Grocers Hall knoweth not: But that the said Committee of Grocers Hall, and M. Alexander amongst the rest, may ap­pear to be free, and cleer from any such disobedience to the Orders of the Honourable Committee of both Kingdoms, will you please to understand the carriage of that businesse also, from first to last, and then to judge where the fault lies: For this, be first pleased to peruse the first Order gi­ven by the Honourable Committee of both Kingdoms, to the Commit­tee at Grocers Hall, concerning this businesse.

In conformity and obedience unto which Order, the said Committee at Grocers Hall did make a Returne accordingly, which consist of so ma­ny particulars, as it were too tedious to insert herein: but thereupon the Honourable Committee of both Kingdoms did make this other Order following.

By force of which Orders, the said Committee at Grocers Hall sent for such persons as had these Goods and provisions in their hands, acquainted them with these Orders, and desired their conformity in the delivery of the said Arms and Goods; who taking time to consider thereof, thereupon, as it should seeme, acquainted the Committee for Irish affairs at Westminster therewithall: whereupon the Order were conceived which follow.

And Master Alexander being not particularly named in the last preceding Orders, afterwards the Orders following were thereupon conceived.

And now the Committee at Grocers Hall finding the going on of the businesse thus opposed, acquainted the Honourable Committee there­withall, not adventuring to proceed further, without their direction, who were resolved to acquaint the Honourable House of Commons therwith, as appeareth by their Order following.

And afterwards, as it should seem, Sir John Clotworthy addressed him­self unto the said Honourable Committee of both Kingdomes with a particular demand of some of those Armes and Goods, which was pre­sented in this manner.

There were moreover brought by Sir John Clotworthy, and left in that store onely, to be kept there untill he should send for them, either 7. or 8. Carbines, with Belts, Swynels, and Cartriges, and two Dragoon Snap­hances.

Whereupon the honourable Committee of both Kingdomes conceived an Order, and sent the said particular therewithall unto the Committee of Grocers Hall, to make answer to the said demands.

In Obedience to which said Order last mentioned, te Committee at Grocers Hall, made this return following.

And that Sir Iohn had money for those 126. Snaphaunce-Muskets, men­tioned in the said return, will appear by the certificate following, under the hand of Alderman Bunce, who paid him, or caused the money to be paid unto him.

All which the said Committee at Grocers Hall for the Irish affaires did make appear unto Sir Iohn Clotworthy to be as informed, and afterwards, the 13. Iuly following, the said Sir Iohn did obtain the Order which followeth in these words.

But before the delivery of this Order to the Committee at Grocers Hall, all the said Arms were informed unto them by the Officers, to be shipped, and the Ship falling down, to begin her Voyage from this Port; and the Committee at Grocers Hall, humbly conceived, it had been much better for Sir John Clotworthy, and the service, if the said Arms had been trans­ported with the rest for Ulster, where hee might vbery well have received them, to have been of present use, by any Order for that purpose to have been made; but afterwards hee did obtain the said Order of the Honou­rable House of Commons herein before mentioned of the 19. of July 1644. and took such a quantity of Arms from shipboard again, after they were laden and safe stowed in the said Ship, as aforesaid: And the Com­mittee of Grocers Hall, do humbly conceive, with submission unto judge­ment, whether or no they have herein done any thing contrary to the said Order of the Honourable Committee of both Kingdomes, or whether they have herein in anything offended, contrary to the trust reposed in them, concerning these affairs, howsoever they have been charged so to have done. But this Wave was no sooner over, but another Billow tumbled after upon the neck of it; And because Master Alex­anders care and pains with the rest of the Committee, in that where­in they were thus imployed, brought to passe what they were comman­ded, therefore he was complained against, and traduced to persons of great power, and quality, as not fit to be trusted in any businesse; but for what Reason he could yet never be informed: but this sentence still made up the foot of the Son in all, for other things to this hour hee could never learn that any man was able to object against him: And if he may but be heard to anser for himself, he doubteth not but to manifest his innocence in it, and in whatsoever else, to all the world. And M. Alexander hath in all places, and with all persons with whom he hath had to do, still met with this sentence laid in his dish, and in the way of his preferment; and, as if all that went before were not enough to make him sufficiently miserable, and unhappy, this old sore after all must be rubbed, this sentence infor­med and published yet again, to make against him, and these other things charged against him for transgressions, whereof he is so cleer and free; and after a long Debate, in the Honourable House of Commons, this Order is conceived there.

Which being enformed unto the Committee at Grocer Hall, and upon Debate of the matter between them, they were pleased for the Vindication of themselves, and to do M. Alexander right in the premisses, to preferre the Petition following unto the Honourable House of Commons, viz.

To which Petition, the Certificates and Order of the honorable House of Commons hereafter following were annexed, for making good of the same, in the particulers alleadged.

Upon Debate, and Reading of all which, the Order hereafter mentio­ned, was by the Honourable House of Commons made, and conceived ve­ry justly; For by it, it is very evident, that the same Petition was obje­cted against, as brought in by some indirect means, as denied by those that seemed to be the Petitioners, which when they understood, they all went to the place at the time appointed, to make good, and avow theit Pe­tition to the said Committee, who not sitting in a full Number, the Peti­tioners presented them selves to such of the said Honourable Committee of the House of Commons as were present, ready to justifie the framing and presenting of the said petition to the said House, by the said M. Spur­stow; and afterwards the Committee of Grocers-hall, to cleer themselves from that imputation, framed the Petition following, to bee presented to the said Honourable House of Commons.

And Master Alderman Bunce and Master Deputy Avery, because they could not attend, with the rest of the Committee of Grocers-Hall, at Westminster at that meeting, did, by their Letter written to the said Com­mittee of the House of Commons, avow the presenting of that Petition by Master Spurstow, and offering to make it good, with the rest of the said Committee of Grocers Hall. And Master Alderman Kendrick and Master Featherston, albeit they were not then present at the presenting of the said Petition, yet will also avow the said Petition, and, with the rest, desire it may be considered by the House of Commons.

And lest it may not be believed, that Sir John Clotworthy Knight had the Treasurers Accompts of the Ordinances of the 30 of January, 1642, and of the 14 of July, 1643, made for raising moneys for the affairs of Ireland, because he so confidently averred the contrary, and that Master Alexander was a Treasurer for the receipt of moneys brought in upon those Ordinances, be pleased to consider the Order follwing.

You see the time: These Votes or Orders were made the 9 of January, 1643; and so fierce and pressing he was, that they must be finished in two days; A hard Task: But, to avoid all blame, or suspition of delay, they laboured day and night to finish the said Accompts, to clear themselves from those Objections which had been made, and cast upon Master Alex­ander at those meetings, albeit they no otherwise did concern him then as aforesaid. Be pleased also, amongst the rest, to peruse the Letter and War­rant following, and it will satisfie all men of Sir John Clotworthy's having these Accompts in his hands in January last, four moneths before they were put into the Committee of Accompts.

And by all this doth it not seem strange, that such a charge should bee laid against Master Alexander, concerning these Accompts, which he had thus cleerly performed in, though, as you may perceive, hee is not so con­cerned in them, that he is liable to give any Accompts, but to the Treasu­rers onely, and they are answerable unto the State, as they have often told him? But will you not think it more strange, that these proceedings should be, and things thus carried, and yet these Accompts of the thirieth of Ja­nuary before these times, and from time to time, being put in before the Committee of the House of Commons for Irish affairs at Westminster, whereof Sir John Clotworthy is one, and that continually attended that Committee, nay these Accompts examined, and audited by Master Collins Auditor for the Irish Accompts, and by master William Hawkins, the Secretary unto the said Committee for Irish affairs at Westminster? and if any errours, or miscarriages had been in the said Accompts, surely they would have quickly found them, and I cannot beleeve, they would have concealed any thing that might have made against Master Alexander, if any thing had appeared in them worthy of blame: But is it not to be more admired, that all this ado should be made about these Accompts, and Ma­ster Alexander of all the rest, and none but he called upon, and thus questi­oned concerning them, when that Honourable Committee of the House of Commons for Irish affairs sitting at Westminster, whereof Sir John Clot­worthy is one, as is said before, in December 1643. had by their Order dis­charged [Page 106]Master Alexander from medling in the Officer, and had placed an­other in his Room, as appears by the Order following?

Thus you may perceive, that whether Master Alexander were in the of­fice, or out of the Office, all is one, his quiet is never a whit the more: and yet since this Order, all the Orders that have come from that Honourable Committee for Irish affairs at Westminster to the Treasurers, they have been deliuered to Master Warburton, who, with one Master Benjamin Goodwin, one of the said Treasurers, hath carried on the bu2inesse with him; and yet Master Alexander must still be called upon for Accompts. And where­as this Order mentioneth neglects, and contempts, Master Alexander was ever obedient to their Orders, and caused the Accompts to bee deli­vered in punctually from time to time, as they were required, or else hee had been worthy to have heard of it to his cost; and I am sure you be­leeve he should have heard of it in another kind: And how hee hath be­haved himself, amongst those with whom hee hath had to do in these af­fairs, you may be pleased to understand in the Certificate following.

And Master Alexander is confident, if he would have desired a Certi­ficate from the Committee of Goldsmiths-hall, of his carriage amongst them, he could have procured a like manifestation of his good demea­nour in that service; but because it concerneth another imployment, he hath been silent in it: But thus you may perceive further, what ill mea­sure hee hath had, and what opposition hee hath undergone; and for no other cause or reason that he is conscious of unto himself, if not for acting his part in the affairs wherein he hath been trusted, with that fidelity and zeal, that becomes an honest man: And to the best of his understanding, in all the course of his life, the malice and prosecution that hee hath met withall, have been for no other cause, but that hee would never be drawn to betray any trust committed to his charge, for any gain, or tender of pre­ferment whatsoever.

But why should Master Alexander think much at this usage, seeing it is but the same thing which others sufer with himselfe; and is that hath been, and it is that which shall be? And that which is doen, is that which shall be done, and there is no new thing under the Sun, Ecclesiastes 1.9.

But after all this, it hath been objected surther; But what hath been done for Ireland, since Master Alexander hath been of that Committee for Irish affairs? It is not possible for any man to think that it lay in his power, to do more then his own personall endeavours could contribute: and that he may put the question, in answer 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 Majesties Domi­nions? Nay, ever since his coming for England, after his escape from those blood-thirsty Rebelsin Ireland, he hath spent his whole time, and that means which he hath received from his friends, in that service, and both publikely, and privately hath laboured by all the possible wayes he could, to have relieved it: and Ultra posse non est esse. Let any man instance in any thing that he hath done, to the least prejudice of the proceedings, and if he cannot answer for himself, let him bee condemned; if that bee not so tearmed wherein he hath opposed those things which inall likely hood and appearance, must have left the Forces, and poor Protestants there, in a farre worse condition, then (blessed be God) now they are in. It is a Rule, that Contraria juxta se posita magis elucescunt; By telling you perad­venture, what he hath not done, you may happily give a guesse, at that which hath followed upon his endeavours.

First of all then, he doth professe, That he hath not carried two faces in one Hood, but in whatsoever Debates, where he hath had the freedom to deliver himself, and his opinion, hee hath done it with singlenesse of [Page 108]heart, cleerly without respect of persons: he hath made the cause of Refor­mation both in Church and State, the sole aim of his intentions, and Byas of his actions, and in the prosecution hereof, hath never swerved to the right hand, or to the left, & for his part hath still enclined that way which his judgment hath led him unto, and that might promote this the best, and bring it unto perfection with most expedition; and hath been ever of this opinion to love truth, though in the coursest garments: he hath never been so far wedded to his will, but that he could submit to any one when con­vinced with reason; and if upon good grounds, he hath conceived any one, of what Nation soever, better able to do the work, then his own Countrey­man, he hath preferred him in his esteem, as fittest to beimployed in such a time as this, all punctillio's of honour, and by-respects whatsoever not­withstanding: he hath not clawed any one with Court-holy water, smooth language, whom he hath understood to have been an enemy to this Cause of God, of what quality, or condition soever, but hath delivered his sense freely in those things wherewith he hath been trusted, whosoever hath op­posed it, though veritas odium parit: he hath not acted for his own interest wherein he hath been employed, otherwise then involved in the same ge­nerall Cause, with all others; knowing, that if the Publike suffers, it is not any mans private interest that can be considerable: He hath not been craving the employment wherein he hath laboured all this while, nor hath had other Reason to move him to it, but a free Calling, and his ear­nest defires & affections to advance the businesse: He hath not been led to this by a popular spirit, or from a desire any ways to lift himself up in the opinion of the world; and shall be as well content to rest from his labours, as he hath been for to perform his duty, if he shall be once by the same power set aside, as uselesse and unserviceable, by which he acteth, and by which he was called to it: he hath neither gained, nor claimed 40000 l. for his service, but hath lost a Fortune, by the Rebellion in Ireland, worth half that same, and all the Estate he had, and therefore hath deserved some con­sideration; and yet whereas others have tasted liberally of the bounty of the Parliament, out of those Collections made for the relief of the poor distressed Protestants in Ireland, hee hath yet never received peny of that Charity, nor hath in the least been burthensome to the Parliament, but hath lived by that which he hath truely laboured for, and spent as much more in their service, that hath been given him of his friends: Hee hath not been Linsey-Wolsey in his Religion, nor hath professed to more sides then the right, so neer as he was able to apprehend the truth, for to sup­port him in any action, or thing, that hath not been just and equitable; nor hath he by a specious and seeming sanctity, endeavoured to cover over a double iniquity, hee hath not filled his purse 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 such, hath been put into his hands, for their satisfaction; nor hath complained, nor made use of the necessities of others, to supply his own occasions, whiles these indeed have been in a starving and perishing condition: he hath had neither place nor Office, under colour whereof he could fill his Coffers, and yet never do duty, nor wait upon the service: He hath hated to bee accompted a com­mon liar, or a slanderer of his neighbour: Hee hath not maliciously en­deavoured [Page 109]any mans ruine, nor hath whispered in secret that, of any man behind his back, which he hath been ashamed to justifie unto his face; he hath not been like a wilde Asses Colt, that hath kickt the dam, that hath given it suck; he hath not deceived the trust reposed in him, nor been but what he hath seemed to be; he never was accused to have laboured for the enlargement of any Rebel, under colour that he should do service for the Parliament; he never held Intelligences with any the Parliaments oppo­sites in Oxford nor else-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 praise, he could say something of himself, which he will therefore forbear, onely relate all in this one generall, that he hath never been wanting to contri­bute whatsoever hath lyen in his power, and within the Verge of his pro­fession, to promote the welfare of that, and these Kingdomes; and hath spent many houres, and dayes, and moneths, some years in managing those affaires, and amongst others hath served the Parliaments commands therein faithfully and constantly, and with so much successe as the distra­ction of the time, the Cessation of Armes there in Ireland, and the great opposition which he hath met withall in these proceedings, would per­mit and suffer: and because he hath been charged, that he hath endeavou­red heretofore to have drawn over the monies collected for the poor Por­testants in Holland hither, thereby to have diverted that charity into ano­ther channell, and by the imployments of the monies here, to have ad­vantaged some mans private interest; he doth professe, he hath been so far averse to that way, as understanding from the first, that it was the inten­tion of the Donours of that liberality, that it should be onely sent over for Ireland in Victuall, that with the rest of the Committee at Grocers Hall, he hath laboured to keepe a right understanding therein, with the States and Classes of the Low Countries, and to prevent all suspitions of mis-applying their bounty, otherwise than they intended it, and when some letters were written over by some from hence to that purpose, which staggered them in their said proceeding, the said Committee of Grocers Hall so carefully waded in it, with them, as they took off the jealousies thus raised, and have procured a large collection and contribution there, which hath been sent in Victuall to the poor Protestants in Ireland, amounting unto neer 30000. l. which hath been such a Reviving unto them, as some of them of Ulster have professed, that they had not otherwise been able to have subsisted all this while: and if any such thing hath been doen, surely it hath not been by the Committee of Grocers Hall, or Master Alexander, as the ensuing Order may possibly manifest, which was directed to Master Deacon, Clerk to the said Committee of Adventurers, to have taken the businesse out of their hands.

But what was meant by this, Master Alexander professeth he knoweth not, but he conceiveth well, and that it was to have managed the busi­nesse in a better way, than they at Grocers Hall have done; but he ho­peth it hath excused him from that Accusation, and to those that have blamed him in this particular, who hath no wayes been ad­vantaged by it in the least farthing, but hath contributed all his endea­vours, that might possibly promote the businesse; and whosoever wrote to that State, to draw over the monies hither to be imployed here, he can wash his hands in innocency, he hath had no finger in it; in­deed he remembreth something hath been written from thence to the said Committee at Grocers Hall, informing such a thing to have been done, and admiring the desire of it, for that the States and Classes had Ordered otherwise from the beginning; and that whatsoever monies should be thus Collected, should be onely imployed to buy Victuall, and to transport thither, which hath been since done to such a value as for­merly mentioned.

And now if you please, you may observe from all that hath gone before, the state and condition in which Master Alexander hath lived ever since he came to Act in this world, that as 'tis said, Revel. 12.4. The Dragon stood before the woman, which was ready to be delivered, for to devoure her child so soon as it was born: so he came no sooner abroad to trade and traffique amongst men, but he found the stream and Current of the times, imme­diately to run very strong and violently against him, and ever since he hath been enforced to saile both against winde and tide, that he could never yet with Saint Paul attain to the faire Havens, unto the desired place where he would be, Acts 27.8. Psal. 107.30. yet hath God many times made these stormes to be calmes, so that the waves thereof have been sometimes still and quiet, but like a Ram fallen backward, to give the greater Butt in their comming on again; and the stormy winds and tempests, which hath lifted up these waves on high, have brought him to his wits ends, and have even melted his spirits, because of the troubles; yet he doth confesse, when he hath cryed unto the Lord in these afflictions, he hath saved him out of these distresses, Therefore doth he praise him for his good­nesse, and for the wonderfull workes which he doth unto the children of men: you may also perceive Master Alexander hath still been upon the defensive part and hath laboured under the oppressions of those with whom he hath had to do, and it hath been his ill hap evermore to be pursued by such as have been too strong and mighty for him, that he can truely say with Israel, Psal. 129. Many a time have they afflicted me from my youth, yet they have not prevailed against me; the Plowers plowed upon my back, and have made long fur­rows, [Page 111]but the righteous Lord hath hewen their snares in peeces: you know the report of great ones, must render a man suspected at least, though never so innocent, if not distastfull to that sort of people, who beleeve things as they are informed of them by their superiours, whom they trust, who car­ry authority with them to cry down any mans merits, though never so worthy, and can stick upon him scandalous imputations, though undeser­ved; and if it be thus, how much sooner will things be credited, which are done by colour of Justice, and as if they had the stamp, and an im­pression of truth set upon them, by the powerfull hands of Authority, which in those times admitted of neither dispute or contradiction, nor was there any way left to repair innocence thus abused: and for a close of all, be pleased to re-collect these observations from the whole matter.

1. That this Sentence thus given against Master Alexander, was an oc­casion taken, as for a thing long waited for, and resolved upon before­hand to be put in Execution with the first opportunity; and then see how easie a thing it is to finde a staffe to beat a dog.

2. That Master Alexander attempting now at his first comming into the world, to repair himself against the wrong done him by Master God­frey, as aforesaid, he being a Popish adversary; yet of great esteem and ac­compt in his Country, as descended from so famous a Lawyer as his fa­ther was in his Generation, allyed to many Ancient families there, be­friended by all the Gentry: Therefore, and for not complying with the times, and refusing to betray the trust reposed in him; and by reason of the many Stewardships which he had, and therein having to deal with very many of the best Gentry of that County, that held of those Lordships by Service and Rent, the performance and payment whereof, he now more strictly required, the same being almost extinguished by the connivance or negligence of his predecessors exercising that Office; and having therein also to deal with a rude multitude of the poorer sort of people, who for small and petty debts, were dayly sued in those Courts, whose very necessities did raise clamour, though justly proceeded against, and M ^r Alexander in the course of his calling, in the very beginning there­of, being much imployed for the inferiour sort of people and most com­monly against the greatest, wherein he did evermore performe his duty with all the power and faithfulnesse he was able, and evermore with good successe, which he hath continued to do unto this day, he doubteth not but all indifferent men will judge, that it was not possible for him to live without being envyed, scandalized, and questioned: though in all you may perceive he still acquitted himself; For he that doth truth commeth to the light, that his deeds may be made manifest, that they are wrought in God, and the truth shall make him free, Joh. 31. & 8.32.

3. That this Sentence was then given with a spirit of prejudication and resolution beforehand, taken howsoever to condemn Master Alexan­der in this matter, doth appear by the said Lord Keeper Coventrys procee­dings in it, from first to last: wherein all the Officers in that Court acting under him, and to free one of themselves, carryed on the same more smoothly, and so made it a thing almost impossible for Master Alexander to escape their fingers: birds of one feather, flying altogether to the prey; which is more remarkable in the particulars following.

4. By the Lord Keeper Coventry his readinesse to embrace the least hint [Page 112]and occasion offered to charge M. Alexander with this Accusation, where­of it hath appeared unto you herein before that he was innocent.

5. That upon the first Motion, though out of Court, his Lordship in­stantly released Yates, who stood fined in Court, and was then in custody upon a Censure, appearing to have been justly given against him.

6. That the said Lord Keeper, being the supreme Judge of that Court, and in order unto his place, directing all Causes in the manner of their proceeding unto Judgment, his Lordship gave Rules and Orders in this matter, against all the Rules and Orders of that Court.

7. Thus hee irregularly admitted of an Oath in this Cause for to con­front an Oath, contrary to all practise and the duty of a good Judge, for that where an Oath is once received, and upon Record in a Court of Ju­stice, an other Oath in the Negative, hath never been admitted, point-blank in opposition to the former; The onely Remedy in such Cases be­ing by Bill, or Information, that all parties concerned, may interplead the matter in difference, and thereupon right and justice to bee done, where the fault is found.

8. That where the Accusation hath been once answered upon Oath, in the particulers of the Charge, it is against the ordinary rules of all Courts of Justice, for to re-examine that party again, upon those very things to which he hath precisely answered; yet did the said Lord Keeper Coventry, you see, enforce Master Alexander twice to answer that thing over again upon his Oath, which he had punctually answered once before, nay once publiquely in Court interrogated by himself, and after that again by ex­amination of the Judges, by him principally directed, which was onely done to have drawn from him some guilt, if possible, whereby to have ruined and undoned him.

9. It hath been never seen in any Court of Justice, that the party com­playning, hath been bound up in the matter complained of, by the Oath of any Defendant, without his own consent; yet in this Case Nevill being legally charged with committing of the said offence, was received by the said Lord Keeper Coventry, for to purge himself upon his Oath, without any consent had, or sought for of Master Alexander, and in an extrajudi­ciall way also, and made use of it afterwards as a testimony upon which to ground the Sentence, having nothing more to support it withall.

10. In all Bills and Informations exhibited in that Court, the Cause being so penall to the party complained against, the matter ought to have been set down truely, and as precisely as in an Indictment, that so the party accused, might have certainty to what to answer; for if one offence bee charged, and another proved, in such case there is no ground for to war­rant a Sentence, nor hath it been seen that any man, in any Court what­soever, hath been concluded by generals, nor by offences proved which are heterogenia, and not of the matter in question; for so to judge, is to judge parte inandita ultera; for if this should be admitted, no man possibly could be safe, if to be judged for that, which he hath been never received to answer, yet the said Lord Keeper Coventry, admitted of both these pro­ceedings to condemn Master Alexander: For first, hee received the said [...] Cooke to depose matter in Court against Master Alexander, di­verse, and from the things in question, and caused that to bee inserted in the Sentence, as convincing testimony, which you see is a thing false in [Page 113]it self now it comes to be defended; He admitted of divers generals also not proved, nor before alleadged, to be inserted in the said Sentence, as matter of testimony to support it, which were farre otherwise in truth, and deed, then they stand therein urged, and pressed; and which are so many of them, as that in effect the whole Sentence is founded upon no­thing else, most illegally and unwarrantably.

11. Whereas no man after his Answer in Court, but is lawfully served with an Order, or Processe, to joyne issue in the matter controverted, or depending, and after issue joyned, is called by Processe, or Order, for to appear at a certain day, and time, to hear judgement pronounced, and to make his just defence, that so innocence may not suffer, if possibly to bee prevented: but in this Case of Master Alexanders, the said Lord Keeper Coventry proceeds to judgements, without doing of either of these; and yet to give some colour for this wrong doing, and to make quick work of it, hee overshadows it with another thing, an errour of as high a na­ture, and receives that for a service of Master Alexander to hear judgement, which hath appeared to have been no service at all, and that in seven dayes time, from the day that the Judges certificate was first produced, and read in Court, and then Resolved upon the first to draw this matter unto a formall hearing, it is concluded to be proceeded in, is debated, and Sen­tenced, and M. Alexander destroyed without defence; and what needed all this post-hast, if not to have made it onely the advantage of destroying him in his absence? In which way, they were sure to bring about their ends.

12. That upon the matter, he directs in the Sentence, the Governours of Lincolns-Inne, whereof Master Alexander was a Member, to expell him the Society, fearing lest he should not be otherwise made miserable e­nough, and that they might without that hint or direction, by the way, have forborn to have proceeded against him, with a like severity, but by this Weathercock, you may see where the Winde blew, and that malice when it rageth, is without bounds, or restraint; and now with holy Job, Chap. 19.7. I might cry out of wrong, but I was not heard; I cried out aloud, but there was no judgement.

13. That the said Lord Keeper Coventry, after the question was once stirred, never so much as once endeavoured afterwards to support the Sen­tence given against Yates, though upon so good proof appearing in the Books, the said Deposition of John Warren, being set aside, but absolute­ly dismissed Yates, without more ado, contrary to the duty of his Place, and Office; whereby it is further manifest, it was not for his love and zeal unto justice, but revenge, that he herein more aymed at, was the cause that he persecuted M. Alexander with so much extremity.

14. That he was not ignorant, that the crime objected was in it self petty, and without consideration, in case it had been the Act of M. Alex­ander (as you finde him cleered of it, in that which hath gone before) and therefore it further sheweth the inveteracy of his rancor, and for what cause he was so violent in the persecution of M. Alexander, thus unjusty unto Sentence.

15. That the said Lord Keeper Coventry was resolved, you may see by the excessivenesse and immoderation of the Fine, and other things re­quired to be performed by the Sentence, to make it finall and irrecovera­ble, [Page 114]and so heavy and burthensome, as that Master Alexander should ne­ver again be able to rise from under it; for thus he disinabled him in his estate, in his profession, in his good name, in his friends, and made what­soever uncomfortable to him which this life could afford; that thus upon the matter he had buried him alive, which to have compleated, there wan­ted nothing but execution, an Officer, to have cast him into the grave, the prison appointed, from whence he should have been sure, in his time, ne­ver to have returned, till he should have paid the uttermost farthing, and performed whatsoever he required to have been done.

16. That he seconded Yates his dismission with another Act of inju­stice, as grievous as any of the rest: he received a Bill of costs from Yates his Atturney, which had a foundation answerable to the building, false glosses upon the Text, a Title appearing as untrue, as the particulars there­in were unjustly multiplied; with an addition too in the Summa totalis, more then justifiable, or contained in the Summes that went before, another brat of the same breeding; thus rowling one stone more over his grave, that so there might be weight enough to have kept him under ground.

17. That by his meanes no installment of the Fine must bee in Master Alexanders Case, which was a mercy admitted to all others in like conditi­on, and to such whose offences were proved Capitall, and transcendent indeed, and this Fine must be begged, and paid, and all other summes of money which he had adjudged to be paid by M. Alexander in that Court: and was not this yet more grievous and intollerable, and done out of ma­lice to him?

18. That he vowed, he would not admit of any Pardon to passe under the great Seal for Master Alexander, of the said Sentence, so 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 see it prooved) it was, that he permitted any thing to passe at all, and if his power had not been imployed for a cloak of his maliciousnesse, 1. Pet. 2.16. what had it been to him, had he stood indifferently affected, that after the Sentence past, and that the Law had had its course, that his Majesty should not bee as mercifull to M. Alexander, as to any other of his Subjects, you may understand the cause of his fear, was the palpable injustice in these his Actions, and that if M. Alexander should acquire any means and liberty for himself, he con­ceived his spirit too great to put up such an injury at his hands, when any opportunity should be offered to attempt the same.

19. That he gave the said dismission for Yates against Master Alexan­der, and awarded 130. pound Costs against him, when it appeared unto him by such proof as had been made, that M. Alexander had probabilem causam littigandi, and much more, and therefore by the course of that Court ought to have paid no Costs, which further answers that objection; That the Petitioner should commit the fact for his own advantage, when no benefit could have accrewed to him by it at all, there being sufficient testimony besides to prove the Charge, and it had been an Act of great folly in M. Alexander to have done such a thing, which must of necessity have been controuled in Court, both by the Record, and the Defendants Copy of the said Deposition, and who can beleeve he would do that Act in secret, which he had endeavoured to make publique, by the mark like a hand set against it in the margent of the Copy for examination of it, and which of necessity must discover it.

20. And if the said Lord Keeper Coventry had not been more engaged in it than ordinary, why would he have pressed a matter of no more impor­tance or dammage, either to the State or any other person than this was, and carried it on with so high a hand and such violence, especially a­gainst one of his own coat, whose infirmities, if he had found any in him, he should therefore the rather have endeavoured to have concealed in the birth of his profession in hope of amendment, than thus for to proceed without mercy or moderation, I am sure herein he did not immitate his heavenly Father in mercy, who forgiving thousands of Talents, doth ex­pect we should not for Pence, take our Neighbours by the throat, Luke 6.36. Mat. 18.32, 33, 34, 35.

21. He suffered the Sentence to be interlaced with much scandalous and impertinent matter, meerly suggested to render M. Alexander causlesly odious, to all that should onely read it and understand no more: and we say it is an easie thing to make a man of straw, and kill him when we have done; and if it may be admitted to insert without proof or warrant, what a mans Adversary, and his Councill can invent, to make something of nothing, whereby to charge his enemies; I wounder who it is in such case can be safe from destruction, or that can think his life and estate is not every minute in danger, and when the said Lord Keeper Coventry, who had first the perusuall of all Sentences given in that Court, did permit this Sentence to be stuffed up with such untruths: Is he blamelesse herein for doing to Master Alexander an intollerable injury and oppression?

22. When he observed no Order, in this proceeding, which is the life of Government; and where there is no Order, there is confusion, it is a Rule then in all Cases criminall, if the supposed Delinquent deny the fact objected, no prosecution should be made against him, without Bill or In­formation, Answer and Examination of Witnesses; so that the Party ac­cused might make his just Defence: of all these Master Alexander was deprived and debarred, and yet the Sentence supported by his only power and greatnesse, as if it had been the most just one, that ever was pronoun­ced upon earth.

23. You may also perceive what use of it hath been made from time to time, against Master Alexander, by all those his opposites, with whom he hath had to do, perverting it to serve their own turnes for his disgrace; and though it be penned with as much asperity, and disadvantage unto his Case; and filled with as many falsities as there are lines, yet because it came not high enough, it must be reported to be far otherwise, and worse then it is in it self: which the late Earle of Strafford, and now, Sir John Clotworthy, have been pleased to extend far beyond whatsoever is contained in it: and all which you see Master Alexander hath hitherto suffered with a great deal of patience, but doth now hope the time is come that his Case is known, and if yet he shall not finde redresse of his sufferings, he is so well inured to beare the burthen of these Calamities, as he will yet rest in hope, that, that God which hath all this time prote­cted him, and kept him from destruction, will either here, or hereafter, or in both, satisfie him with his goodnesse.

24. That Court of Star-Chamber it self in the exercise of it in those times, was not so pure, and cleer from question and exception, both that it was by this Honourable Parliament found to be a great grievance, and [Page 116]vexatious to the Subject, and therefore dissolved it, the Judges of that Court not keeping themselves to the points limitted by the Statute, by which it stood principally founded and erected, but did punish where no law did warrant, and made decrees for things where they had no Autho­rity and did inflict heavier punishment then by any law was warranted and contrary to the great Charter, and was a meanes to introduce an Ar­bitrary power and Government, And therefore no wonder, if he that was an honest man, and lived in any way averse unto those times and their proceedings, extreamly suffered under its censures, but we have seen the end of these blazing and falling stars, who having deceived us all this while, have been resolved into their Elements of earth and self respects.

Thus a man that is constantly carried by true principles, though the compasse may through infirmity or Temptation sometimes admit varia­tion or wavering yet it recollects it self again, and will promote to the true pole, what waves or winds soever beats against the ship, perseverance in good things goeth never without its reward in the latter end, it did Ju­das no good that he was of the twelve, when once he fell away; for it can­not do any man good to lay a good foundation, if he build not a faire structure upon it, for to begin in the Spirit and end in the flesh; to set out good wine at the first and then that which is worse, is the Devills banquet: I am confident of my innocence, I have produced my evidence, let the Reader judge, and I appeal to the searcher of hearts too; who will one day acquit me, and punish their uncharitablenesse, that have condemned me by the measure of my sufferings, and nothing else; but I hope that God who in justice hath laid on the burthen, will in mercy still streng­then my shoulders to support it, and what my prayers and endeavours cannot prevent, my patience shall undergoe; yet let me crave this one thing at your hands, that if you finde herein, as Festus did of Paul, Acts 25.18.19. That his Accusers stood up against him, and could prove no evill accusation; you will with Pauls Judges (between your selves at least) say of this man, That he hath done nothing worthy whereof he hath been accu­sed, Acts 26.31.

Voluntas Dei secreta sit nunquam injusta: the cause why God punisheth may be hid, but it is never unjust, Therefore will I bear the indignation of the Lord, because I have sinned against him, Nehem. 9.33. Mich. 7.9.