and was to pay xi s. Rent per annum by which tytles Smith meant to hold the Schoole lands as he holdeth other h Note from the Rolls land in Sussex by those tytles to this day And further about the same time still to delay Crokeys said suite vpon the Eiectment Smith commensed or rather but reuiued his other foyled suite of Maintenance and Champerty which before he had brought in the common pleas a suite in the Starchamber against Crokey and foure others Crokeyes friends for maintenance and Champerty therein surmising forgerie and periurie wherein Smith also pretended a tytle of inheritance to Warrens Court whereupon and vpon other false suggestions Smith obtained an i Order Iniunction for stay of Crokeyes said tryall vpon the Eiectment and by that meanes the said Tryall was stayed foure yeares to Crekeyes great vexation and trouble and to his expence of foure hundred pounds or thereabouts in that proceeding Crokey being inforced to attend that Court euery Terme with councell for desoluing that Iniunction but could not but in the end was inforced to labour for a hearing for which he procured foure seuerall peremptorie k 4. Orders Orders in foure seuerall Termes for hearing of the said Star-chamber cause so commenced by Smith during which delay Smith gaue forth in l Affidauit speeches that he would weary Crokey by suites in Law and that it was as possible for Crokey to remoue a Mountaine as to preuaile against him the said Smith 18. That after foure yeares toyle and suite in the Starchamber that cause there depending by Crokeyes great trauaile and cost was heard and Crokey and the rest of the Defendants were absolutely m Order dismissed with good costs but when the costs should haue beene taxed Smith so practiced and wrought as that Crokey could not get them to be taxed but was inforced diuers times to moue that Court for order therein whereupon in the time of the Lord Chancellor the Lord Mandevile and the 〈◊〉 Lord Keeper Crokey obteyned diuers Orders in open Court for the Costs n Seuerall Orders to be taxed with increase of Costs for Smiths delayes which costs were drawne vp to o Bills of Costs 297. pound and notwithstanding the said Dismission and Orders Crokey could not obteine Costs to be taxed whereupon Crokey in May 1623. Petitioned the 〈◊〉 Lord Keeper therein but so farre was his Lordship abused by the false suggestions and practices of Smith and so much incensed against Crokey that his Lordships Answere p Crokeyes Petition and the Lord Keepers Answere thereto to that Petition was and so subscribed it that Crokey deserued to haue his eares cropt off for abusing him in that his Lordship neuer refused to taxe Costes at the end of euery Terme And yet Grasvenor Crokeyes Attourney did q Affidauit affirme that hee often had presented the Bill of Costes to his Lordship to bee taxed and that hee was neuer more wearied then with vrging his Lordship therein and for that his Lordship had denyed to doe it hee durst not moue the same againe But shortly after vpon vntrue suggestions by one Master Trotman of Smithes Councell and by Smithes practices together and without the priuitie of Crokey or his Councell or Attourney Smith obtained r Order Order for remitting all the said Costs which Order Crokey could not get to be reuersed 19. That the said Starchamber cause being dismissed Crokey laboured very earnestly many Termes for a Tryall vpon the said Lease of eiectment according to the said Rules in Court and to his great trouble and charge brought vp his Witnesses some of whom dwelling one hundred miles from London and divers Termes fee'd his Councell and ſ Copy of the Panell and Distringas 48. Iurors were summoned before a Iury did appeare And so after foure yeares delay and more the said cause was tryed at the Common Pleas Barre viz. Termino Pase Anno 18. Regniregis Iacobi And vpon the sayd Tryall it was found for Thomas Bodham Crokeyes Lessee in the eiectment as is more at large related in the 28 29. 30. and how Crokey was delayed in the Iudgement and altogether defeated 20. That depending the said suites and Crokey hauing fully informed himselfe of the estate of the Schoole and of Smithes practises for supplanting thereof and getting all the said Schoole lands Crokey to restore the said Schoole and to reduce all things into their former being according to the said foundation Anno 1617. obtained a Commission to inquire of the whole matter concerning the said Schoole and the lands thereto anciently belonging according to the said Statute of Charitable vses And for execution of the said Commission Crokey t The Commissioners Warrants procured a day to bee appointed and prouided his Witnesses and all matters incident thereto and also got a u Witnesses Iurie to appeare but all was defeated by the practices and power of Smith and a second time in like manner Whereupon Crokey peticioned to his late Maiestie and his Maiestie being gratiously inclined to the furtherance of the charitable and good course of the Lawe and Statute in that case prouided was pleased according to his Maiesties Commission vnder the great Seale of England before granted that the Bishop of Glocester and any 4. of the Commissioners in that Commission named should with conuenient speed enter into the examination of this cause and according to the authority giuen to them in the same Commission finally determine and effect the same so as there should be no cause giuen of any further trouble to his Maiestie as by his Maiesties * Petition and Direction direction signified by Sir Daniel Dun 5. September 1617. may appeare which said Commission and that his Maiesties direction notwithstanding by like practices of Smith was interrupted and defeated a third time and so Crokey lost that Commission and all his labour and charge and nothing done therein And in the yeare 1618. Crokey procured a x Warrant Warrant for a second Commission from the Lord Chancellor for the same purpose which y Commission Commission being ingrossed in the Crowne office and ready for the Seale Crokey hauing then paid the charge thereof was by like practices of Smith there kept from Crokey for 2 moneths and more And whilst the said Commission was so stayed in the Crown office Smith z Witnesses practiced with one Iohn Hunt to alter the Commissioners names contrary to the Warrant deliuered in by Crokey and so that Commission was ingrossed of new and some of the Commissioners names in the Warrant were left out in the Commission a Commission vnder the great Seale and others of Smiths friends put in howbeit Crokey took that Commission as it was and laboured for the execution thereof and a day b Warrant for day of Sitting Witnesses was appointed and Crokey with Iurors and Witnesses and all things else ready on his part to haue beene
m Order another Commission vpon that Information which was exhibited by Master Attourney Generall two yeares before not prosecuted by reason the same cause was exhibited by Crokey in a Bill to the Parliament where the same was n Order in Parliament ordered and proceeded vpon as before is said Sect. 36. Which proceeding last spoken of in Chancery quite tooke away all Crokeys prosecution for the Schoole a second time And in which Commission diuers of Smiths o Witnesses friends were made Commissioners some of whom had declared themselues open opposors of the Schoole and Crokey by their demenour against the due execution of former Commissions sued out by Crokey in the behalfe of the Schoole which Commissioners Crokey much p Witnesses Petition and Answer laboured both by Petition and motion in Court to haue altered but could not therein preuaile And yet the Lord Keeper at that hearing very sharply reproued Smith plainely telling him that he had left no practice vnatempted to supplant the Schoole as indeed is true 39. That Smith going on with that Commission vpon the said Information practiced againe with Haxuy Ashman and Fisher or some of them to imprison Crokey a second time for the said debt of 50. pound for which Crokey was before discharged by Parliament whereupon Crokey commenced another suite in Chancery against Haruy and Fisher That cause was referred to Sir Iames Hussey q Report who reported that it was reasonable Fisher should accept of the principall which was 50. pound which Fisher refused whereupon Crokey obtained a Warrant from the late Lord chiefe Iustice and others his Maiesties Commissioners appointed to heare the causes of Prisoners for their reliefe directed to the said Haruy and Fisher for their appearauce before the said Commissioners for Prisoners But the said Haruy vpon the first summons appeared not nor did Haruy appeare at all but vpon the second summons Fisher appeared And the cause being heard r Certificate of the Commissioners and their opinions Fisher would not conforme himselfe to any order Whereupon the Commissioners gaue him further day and then appearing also would by no meanes or mediation conforme himselfe but stood out in contempt of that Commission then affirming that he would haue the extremity of the Law against Crokey and which the said Commissioners haue r The same Certificate certified and of their opinions therein And further Fisher gaue forth in speeches that he cared not for his debt nor for the whole money vpon the Execution for hee would make dice ſ Affedauit of Crokeys bones And therefore and for the reasons aforesaid declared in the 37. Section Crokey is verily perswaded that Smith had his hand in all these matters betweene Crokey and Haruy Ashman and Fisher Crokey doth know that one t Not to be denyed Farrer a Clerke in Chancery was a chiefe Agent in this confederacie 40. That the said u Commission Order Commission so awarded vpon the said Information did beare Teste 24. Iuly anno 20. Regni regis Iacobi and was grounded vpon an Order in Chancery of the 23. of Nouember Anno Regni regis Iacobi 18. which was before the Parliament And which Order was granted vpon his late Maiesties Reference vpon Smiths Petition wherein were diuers vntrue suggestions as before Section 31. and which are also there answered And that his Maiesties Reference vpon so false a petition should be so farre extended in the behalfe of Smith that sought to supplant the Schoole and to doe all wrong and that not onely his Maiesties former References but also his seuerall directions vpon seuerall true Petitions presented by Crokey in behalfe of the Schoole and Crokey before mentioned Section 20. 26. 30. should be altogether neglected and slighted as also the directions by Parliament betweene the time of the said Order and the time of the hearing whereupon the said Order of the 17. of Iuly Anno 20. Regni regis Iacobi which was some 22. months after Crokey most humbly submitteth himselfe to the consideration of his Maiestie and this high and Honourable assembly And whether Smith in this businesse hath shewed his power his subtilty and vnconscionable practices and consequently his abuses both to his late Maiestie and his Magistrates and Iudges For the manner of the execution of the last mentioned Commission It was as Crokey before imagined it would be when he laboured to haue had an alteration of the Commissioners names But as to that Crokey hath fully spoken in his answer to the Decree grounded vpon the said Information and order of the 23. of Nouember and vpon the said last mentioned Commission thereupon Sect. 42. number 4. 41. That for diuers indirect practices and misdemeanours done by the said Smith and his confederates tending to the supplanting and ouerthrow of the said Schoole Crokey being incouraged by the Archbishop of Canterbury who had well informed himselfe of the cause on the behalfe of the Schoole exhibited a Bill into the Starchamber against Smith and others and serued Smith with a Subpena before the Parliament in anno 1619. But Smith hauing attained the place of a Burgesse in Parliament as before is said Crokey was delayed for the time of Parliament and long after which was about 16. moneths before Smith could be brought to Answer In the end Smith answered But so it was with Crokey that by that delay of Smithes and Smithes other said practices together Crokey was disabled and decayed in his estate and imprisoned in manner and by Smithes meanes as aforesaid Sect. 37. And yet Crokey hauing a constant care for restoring the said Schoole and possessions thereof and being desirous to discouer the practices and misdemeanours by Smith and his confederates opposors and declared enemies thereto set forth by and vpon his said Bill in the Starchamber tooke out 5. Subpenaes against the other Defendants Dated 30. Ianuary Anno Regni regis Iacobi 20. vpon which day the cause vpon the said Information in Chancery came to be heard the second time before the Lord Keeper Iustice Chamberlaine and Iustice Iohnes Assistants Whereupon the Court decreed not onely contrary to and against the said Commission so awarded by Parliament vpon the Statute of charitable vses and against the said Inquisition Certificate and Decree vpon the said Commission but also against Crokeys particular right At which hearing Crokey was not admitted to produce any matter in behalfe 〈…〉 of himselfe but was inioyned to forbeare all further suites against Smith Nor was there any further time spent vpon the said hearing then opening the said Information Suruey and Certificate vpon the said Commission so awarded vpon the said Information which Decree was in effect as followeth And whereto Crokey hath particularly Answered which he for your better information in all humility as becommeth doth present to the consideration of your Maiestie and this Honourable assembly 1. That whereas the cause by his Maiestie was referred to the Lord
Warrens Court belonging of right to Crokey and such Leases as Smith hath 〈◊〉 made As for the Lease of 99. yeares supposed to be bought by Smith of the Duports that Lease is fraudulent and so alwayes hath beene found 6. That vpon the Information Answeres Commission Certificate and Suruey and by an Order made by his Lordship 12. December in the said 20. yeare of his late Maiesties reign for vsing of depositions formerly taken betweene Smith and Crokey in Chancery the cause was heard and at large debated by his Maiesties Attourney Generall in behalfe of the Schoole Sergeant Crew Sir Iohn Walter Master Finch Recorder and 6. others for Smith and Sergeant Richardson Sir Laurence Hide and Master Farewell for Crokey And vpon the opening of the Information Answers reading of the Certificate and Suruey and vpon the long debating and deliberate hearing of the cause and all the circumstances thereof the truth of the cause appeared to be 6. This order as also the order therein mentioned of the 17. of Iuly and the Certificate in that order of the 17. of Iuly mentioned were made as it seemeth to Crokey to no other intent but to bring in Crokey and to make him liable to that suite brought into Chancery vpon the said Information for Crokeys owne particular cause touching Warrens Court At which time Smith was imprisoned for not yeelding to Crokey possession according to the said Rules in Court But there was then no debating or deliberate hearing of the cause nor was the cause otherwise heard then the opening of the Information Answeres and reading of the Certificate and Suruey according to the Commission awarded vpon the Information howsoeuer the words of the Decree doe make shew of 7. That in 8. Ricardi 2. Katherine Lady Berkley Widdow did obtaine of the said King and of Thomas Lord Berkley then Lord of the fee Licence for founding the Schoole to consist of a Master and two poore Schollers Collegiatly to liue together and to haue a perpetuall succession And for indowing the Schoole with the said Lands 2. Feoffees were trusted by the Lady for purchasing the said Lands to hold according to certaine ordinances by them to be made and that accordingly the Schoole was founded and the Lands assured by the Feoffees to the Master and Schollers and their Successors for euer to be holden according to the said Ordinances And that the Schoole and possessions thereof were imployed according to the said foundation and institution vntill the 37. yeare of K. Hen. 8. 7. Crokey with this doth agree in all sauing that there were no ordinances made but long before the foundation To which Ordinances the foundation hath no relation nor were there any Ordinances to bee made by the foundation sauing the Habendum therein which onely declared the estate as by the Certificate and Decree vpon the Commission for charitable vses expressed and before related in the 37. Section Nor was the foundation or institution discontinued vntill Smith began his practices to supplant the Schoole And Cold well was lawfully presented and made Master of the Schoole and the Lease by him granted of Warrens Court was good in law there hauing beene 33. seuerall Suites in Affirmation of the same 8 That on the 18. of May in the said 37. yeare Robert Coldwell then Schoolemaster of the said Schoole did demise Warrens Court vnto William Thomas his Executors and Assignes from Lady day then last past for 88. yeares for the yearely Rent of 48. shillings and to the chiefe Lord 12. shillings per annum And that the said Lease was by the last will of William Thomas annum 3. 4. Pâ—â—â—â— Maria bequeathed to Alice his wife for her life and after her decease to his Daughter Grace for her life and after to remaine to Richard William Katherine Ioice Elizabeth and Mary children of the said Alice by one Iohn Moore her former husband and made Alice his Executrix and dyed 8 Crokey confesseth all this to bee true 9 That afterwards Alice intermarried with one Reignold Aphowell and that Reignold and Alice anno 5. Elilizab did demise the premises to the said Richard Moore for 21. yeares and that after in the 13. yeare of Q. Elizab. Reignold did grant the remainder and Rent and all his estate in Warrens Court to Iohn Sprint then husband of Ioyce And afterwards in the said 13. yeare of Q. Elizab. dyed that Iohn Sprint in the same yeare did grant all his tytle to Alice and that Alice anno 21. Eliz. did grant all her estate to Grace and Grace being possessed anno 39. Eliz. did intermarry with Smith and dyed And in this manner Smith made his tytle to Warrens Court and affirmed that hee had diuers Verdicts and Nonsuites at the Common Law and one Decree and three Dismissions in Chancery for confirmation of his said tytle 9. Whilest Grace Smiths first wife liued Smith claimed no further or longer interest in Warrens Court then for her life And as for Sprints tytle it is but a meere suggestion and foysted into this Decree which Smith could neuer proue Nor did Smith in this suite vpon the Information being a part of the ground of this Decree once endeuour or offer to proue any such tytle Nor did Smith ever speake of that tytle of Sprints vntill all the rest of his tytles for the inheritance of all the Schoole lands fayled him vpon which his tytles of inheritance to all he stood so long as possibly hee might and vntill he perceiued all his practices for maintenance thereof were discouered by Crokey as may appeare by that before related Sect. 17. And by the Certificate and Decree vpon the Commission for charitable vses Sect. 37. numero 1. 2. Besides it appeareth by the seuerall Answeres of Alice and Grace in Chancery Anno 26. Eliz to the Bill of all the other Legatees that they made no further or other claime then for their seuerall liues formerly related Sect. 6. 7. 8. Nor hath there euer any Verdict Nonsuite Decree or dismission passed in affirmation of any tytle controuerted betweene Smith Crokey 10. That Crokey made his tytle to Warrens Court by a Deede from Ioice being Suruiuour of the 6. Legatees by a Deed dated anno 11. Regni regis Iacobi and did affirme that hee had a Verdict for his tytle 10. Crokey doth affirme this to bee the true and only tytle for which he hath had a final Tryall Verdict and Iudgement vpon a deliberate hearing as is at large before related Sect. 16. and 32. for which Smith hath beene twice committed to the Fleet for not yeelding possession to Crokey 11. That it did appeare to the Court that anno 34. Eliz. Iohn Duport being Schoolemaster did demise Warrens Court and other the Schoole lands except one Chamber and the Schoole-house vnto his brother Iames Duport for 99. yeares for 40. shillings per annum And that Iames Duport anno 2. Iacobi for 100. pound fine did make a Lease to Smith of Warrens
Crokey from obtayning a third Commission vpon the Statute of Charitable vses Sect. 26. 16 Smith endeuoured to get a Release from Crokeyes Lessee in the eiectment at the time when the Cause was to be tryed but not preuayling in that Smith at the tryall stood vpon all his bad Titles and aforesaid practices abusing the Lord Hobart and the other Iudges by false reports and suggestions to them and practiced with one Gayre to raze a Record which was done Sect. 28.32 17 Smith still to delay Crokey and to countenance his vniust dealings got himselfe made a Burgesse in Parliament of a Towne 130. miles distant from his habitation An. 1619. Sect. 35. 18 Smith to weary Crokey in the proceedings for the Schoole did set his agents to see Crokey arested when Crokey was going on in the execution of his Maiesties Commission by direction of the Parliament and delt vnderhand with Crokeyes Creditors to assigne Crokeyes Debts to him or to some others his Agents and Confederates and otherwise practiced whereby to keepe Crokey in Prison wherein hee hath preuayled against Crokey Sect. 37.39 2 A Summary and briefe of the seueral abuses committed by Smith against his late Majestie and against his Majesties Courts and Magistrates and Iudges 1 By surmising false matter oftentimes whereby to auoyd seueral Orders of the Starchamber for taxation of Costs there awarded against him and for increase of Costs Sect. 18. 2 By detayning the said second Commission vpon the Statute of Charitable vses and altering the Commissioners names Sect. 20. 3 By deluding his Maiestie and the Court of Exchequer vnder a shew of a pious intent Sect. 24.31 4 By surmising false matters to the Chancery to hinder Crokey for obtayning a third Commission Sect. 26. 5 By surmising false matter to the Iudges of the common Pleas that they might stay Iudgement and Execution vpon the verdict for Crokey contrary to the Rules in Court by Smiths consent which false surmises tooke effect Sect. 30. 6 By surmising false matters in a Petition to his late Maiestie whereby Smith crossed all former directions of his late Maiestie the Lord Archbishop of Canterbury the Lord Chancellor and diuers Bishops and other iust and legall proceedings in behalfe of the Schoole Sect. 31. 7 By surmising false matter against the directions of his late Maiestie the Archbishop of Canterb the L. Chancellor and other Bishops for hindering of Crokey in obtayning that third Commission before granted Sect. 27. 8 By making the Court of Chancery beleeue that the Schoole Rent was brought so low as 40. shillings per annum and that he had increased it to 12. pounds per annum when as in truth the true and due Rent to the Schoole was alwayes at the least 23. pounds per annum vntill Smith began his practices to supplant it 9 By abusing the Lord Hobart and Master Attorney General by false reports and suggestions whereby they were perswaded of Crokeys double dealing in the cause of the Schoole and thereby Smith obtained an Iniunction to stay all Crokeyes proceedings in behalfe of the Schoole Sect. 33. 10 By abusing the Lord Keeper and Master Atturney General by false Informations whereby hee obtayned a Commission for a suruey of the Schoole Lands and the cariage thereof which Commission was directed to Smiths friends Sect. 38. 11 By abusing the Lord Keeper the Iudges assistants of the Chancery and Master Attorney General in drawing vp and entring a Decree in Chancery where many vntrue matters were incerted Sect. 41. Numer decret 12. By procuring 52. pounds costs to bee taxed against Crokey in the Starchamber vpon Bill and answer Crokeys suites being before stayed by Iniunction mentioned in the said Decree which Costs Smith hath charged Crokey withall in the Kings Bench. Sect. 42. 3 A Summary and briefe of the seueral Contempts cōmitted by Smith against Decrees Orders Rules Verdicts and other iust proceedings of seueral Courts in the cause of the Schoole 1. For not bringing in the said originall Lease according to an order in Chancery Sect. 8. 2. For not staying the said suite against Crokey vpon his said entry according to an order in Chancery Sect. 12. 3. For disobeying seuerall orders in Starchamber for hearing and for his boasting against the same Sect. 17. 4. For not attending the Cōmittees assigned by his Maiesties directions and References for the schoole according to their seuerall warrants Sect. 26. 5. For disobeying the Decree by direction of Parliament vpon the Commission of charitable vses and by his putting in new friuolous exceptions thereto being before waued by consent of Smith and his Councell Sect. 38. 6. For his many deuises and slights by deferring the said Fynall tryall and after the tryall the Iudgement and after the Iudgement by not yeelding possession according to seuerall Rules in Court made by consent of Smith and his Councell in contempt of that Court for procuring the Record to be razed Sect. 28 29 30 31 32 All which matters Crokey hopeth this high Court of Parliament will take into consideration and the rather when Smithes said practices abuses and contempts shall more fully by the particulars hereafter related appeare But forasmuch as vpon the whole matter there may one maine question arise which is that the now Lord Berkley being conceiued to be the heire of the Founder of that Schoole and Patrone thereof why should not his Lordship or others for him haue stirred in this cause of the Schoole and the same haue defended rather then Crokey As to that Crokey humbly desireth he may be called to answer vina voce when he doubteth not but to giue good satisfaction therein There may bee also an Objection which is That Crokey hath followed the cause of the Schoole for some particular ends of his owne and especially in respect of his tytle to Warrens Court As to that Crokey doth plainely make manifest that he hath not prosecuted the Cause of the Schoole for his owne ends but in the behalfe of the Schoole onely and at his owne charge for Crokey did well know his Title to Warrens Court to be good for the Statute of the first of Edward the 6. maintaineth all Leases whatsoeuer made before the 28. day of November in the 37. of Henry the Eight as was the said Lease vnder which Crokey claimes The particulars of the Relation are as they doe appeare by the seuerall Sections the proofes whereof are noted in the Margent 1. AN Inquisition vpon an ad quod damnum Copy of the Inquisition dated die lune proxime ante festum Assentionum Domini Anno 7. Regni regis Ricardi secundi 2. King Richard the 2. granted licence of the 16. of Iune Copy of the Licence in the 7. of his reigne to Walter Burnell and William Pendock Chaplaines for erecting of a free Grammer schoole in Wooton-vnderedge in the Countie of Glocester and for indowment thereof with the land and Tenements therein mentioned for maintenance and sustentation of a Master
Iune Anno 17. Regni regis Iacobi that thereby Crokey was not onely debarred for obtaining any further Commission in behalfe of the Schoole but also thereby disgraced and all his proceedings therein as much as might be and Crokey being so stopped and preiudiced petitioned his Maiestie to referre the finall hearing and determining the cause for the Schoole to the Lord Archbishop of Canterbury the Lords Bishops of London and Winton and to the Lord Hobart or to any 3. or 2. of them whereupon his Maiestie was gratiously pleased that the said Lords should take the contents of the said Petition into their speciall consideration and after hearing examining all particulars incident thereunto should make report in writing vnto his Maiestie what they should finde fitting to be done aswell for awarding such a Commission as was petitioned for as for the certefying and determining the whole cause according to Iustice and good conscience as by the said Petition and t Petition and Reference Reference signified by Secretary Naunton of the 24. of Iune 1619. appeareth which Reference Crokey diligently prosecuted but Smith would not by any meanes appeare before the Committees assigned by that Reference vntill Crokey had procured foure seuerall u The Warrants Warrants Smith well knowing that Crokey had brought vp to London many * Witnesses Witnesses some of whom 100. miles distant from thence to his great trouble and charge and that Crokey had them in a readinesse the first day appointed by the said committees and had feed his Councell diuers times therein for the better information of their Lordships in the behalfe of the Schoole 27. That vpon the fourth Warrant Smith appeared and the cause vpon the said Reference came to be heard before the Lord Archbishop and the other 2. Lords Bishops vpon opening the cause arguments and proofes before their Lordships made by the Councell on both sides their Lordships x Certificate certified his late Maiestie of the powerfulnes indirect practices of Smith for getting the inheritance of all the Schoole lands worth 300. pound per annum for 5. pound y Certificate In which Certificate their Lordships held fit that Crokey should petition the Lord Chanceilor for a third Commission to settle the said Schoole in her ancient estate Crokey accordingly Petitioned and therevpon obtained an Order z Order in Chancery of the 21. of Ferbruary Anno 〈◊〉 Regni regis Iacobi that a Commission should be awarded to the Bishops of Glocester and Bristoll and others Whereupon Crokey laboured for another Commission according to the said Order but could nor prauaile vntill he complained to the Parliament which was about 16. moneths after the said Order and then he obtained another a Order in Parliament CoÌ„mission which was duly executed as more particularly appeareth in the 37. Section of this Relation 28. That Crokeyes Tryall vpon the said Lease of Eiectment by Smithes indirect dealing was delayed 4. yeares and b Copy of the Verdict and Iudgement more but after that delay it was tryed at the Common pleas Barre viz. in Easter Terme Anno 18. Regni regis Iacobi though Smith earnestly laboured by himselfe and others to haue auoyded that Tryall and Smith then laboured to seduce the said Bodham Crokeyes Lessee to c Witnesses release vpon which Tryall the matter was so strongly defended by Smithes Councell that the Tryall continued from 9. in the morning to 1. in the afternoone which was by reason Smith and his Councell stood so mainely and so confidently vpon his said seuerall bad tytles and practices 29. That at that Tryall the Lord Hobart and the rest of the Iudges of that Court vsed all good and iust endeuours for discouering of the truth whereby Smithes bad tytles so strongly vrged and insisted vpon were confuted which Smith perceiuing and that the Tryall must needs passe against him and thereby all his practices come to light and bee brought to naught to his vtter disgrace and infamy Smith cryed d Witnesses out with a lowd voyce in most earnest and pittifull manner to the Iudges that he was vndone if they would not haue compassion on him and withall besought them in all he might to draw Crokey to some composition or to referre the cause to them Whereupon the Iudges in compassion of Smith earnestly moued Crokey to referre the matter to them but Crokey refused so to doe telling the Iudges that the cause concerned the Schoole more than himselfe and for which he had vndertaken and was ingaged both in his duty to God for the common good and by his profession to his late Maiestie the Archbishop of Canterbury and others And these motions by Smith to the Iudges and the Iudges to Crokey were betweene the time of the Iuries going from the Barre and giuing vp their verdict which was not giuen vp vntill the next morning and then it passed for e Copy of the Verdict and Iudgement Crokeyes said Lessee 30. That a day or two after the virdict Crokey by his Councell moued the Court for Iudgement and possession according to the aforesaid verdict and Rules made by the assent of Smith and his Councell as aforesaid which Rules and verdict notwithstanding and notwithstanding also the 4. yeares delay and more of that Tryall by Smithes meanes and the Statutes of Ieofaile made 32. H. 8. C. 30. 2. Edw 6. C. 32. 18. Eliz. C. 13. by which as Crokey conceiued Smith was debarred from vsing any further delay after the Verdict yet Smith still pâ—â—secuting his importunity 〈…〉 to the Iudges and vpon his false suggestions to them was permitted to speake in arest of Iudgement whereby Crokey was delayed both the Easter and Trinity Termes next after the Verdict and the said Lease of Eiectment which was for 5. yeares being then well-nigh expired Crokey in the latter end of August then next following f Copy of the Petition and direction Peticioned his Maiestie for his Maiesties direction to the Iudges in that behalfe whereupon his Maiestie was pleased to signifie his pleasure by Sir Iohn Sucklyn then Master of Requests 3. Sept. 1620. which was that the Lord Hobart and the rest of his Maiesties Iudges of the Common pleas should cause the said Rules of the said Court so made in open Court by consent of both parties to be performed according to the true intent and meaning of the same In regard the Lease for tryall of the tytle in the premises made to the said Bodham was that moneth of September to expire Which directions from his Maiestie Crokey presented to the Lord Hobart before the expiration of the said Lease for the eiectment which Directions notwithstanding notwithstanding also the said Rules and the Statutes of Ieofaile 4. yeares delay before the said Tryall Crokey could not obtaine Iudgement vntill the said Lease for Tryall of the Tytle was expired and then Iudgement was awarded But the said Lease being by the said
Schoole lands Chantry lands sect 17. 21. 22. 11. By crossing and withstanding at seuerall times his late Maiesties directions and the directions and proceedings in Parliament Anno 1621. and of the Lord Archbishop of Canterbury the Lords Bishops of London and Winton the Lord Chancellor and Lord Keeper and all Crokeys indeuours in behalfe of the Schoole and by multiplicitie of causelesse suites and his many other practices and delayes all which being before manifestly proued By decreeing and such an estate to Smith and his heires is vtterly to take away Crokeys tytle already duely determined and adiudged by Law for Crokey after 12. yeares opposition by Smith and against the opinion of the Lord Keeper mentioned sect 20. And because the said Leases were thereby dammed therefore the Court did forbeare to determine the tytle betweene the Defendants otherwise then by Decreeing the said Leases to be voide And did further order that all suites and prosecutions touching the tytle betweene the Defendants should cease and seuerall Iniunctions were awarded against the Defendants accordingly 20. Here is no difference made betweene Crokeys iust tytle proceeding from the lawfull Lease of 88. yeares made by Coldwell and the vnlawfull Lease of 99. yeares made by Duport 60. yeares after and it had beene all one to Crokey if the Court had in plaine termes taken away his tytle as to damme the Lease vnder which he claymeth and by which he hath right and to debarre him of all further suites for his reliefe As for debarring Smith from suites against Crokey there was no cause and therefore that is but a shadow laid on by Smith to make the Iniunctions seeme equall 21. And whereas the Iudges and Master Attourney did certifie his Lordship that vpon euery Tenants improuement the third part will amount to the increase of 47. pound per annum out of which they thought fit to assigne 26. pound 13. shillings 4. pence per annum to the Schoolemaster and fiue pound a peece for 4. Schollers and their stipends and number might increase as the Reuenue should increase by expiration of estates It was therfore decreed that 26. pound 13. shillings 4. pence should be allowed to the Schoolemaster But with this that the Lord Keeper did thinke fit and so did decree that there should be fiue Schollers and the stipend should be foure pound per annum a peece And the stipend and number to increase as should the Reuenew Sauing alwayes to the Court power to direct and settle the Regulement and establishment of the Schoole 20. Here is no difference made betweene Crokeys iust tytle proceeding from the lawfull Lease of 88. yeares made by Coldwell and the vnlawfull Lease of 99. yeares made by Duport 60. yeares after and it had beene all one to Crokey if the Court had in plaine termes taken away his tytle as to damme the Lease vnder which he claymeth and by which he hath right and to debarre him of all further suites for his reliefe As for debarring Smith from suites against Crokey there was no cause and therefore that is but a shadow laid on by Smith to make the Iniunctions seeme equall ⧠May it please this High and Honourable Assembly to obserue that the said last recited Decree is grounded vpon a Commission of Suruay without examination of any Witnesses vpon Oath as the Commission required neither are any depositions of Record in that cause nor the Suruayers sworne Which Commission of Suruay and Decree proceeded by vertue of Smiths cautelous Petition to his late Majestie and Reference Whereupon the late Lord Keeper granted the sayd Commission of Suruay as aforesaid which is meerely repugnant to the directions of the Lords Grace of Canterbury and proceedings of the late Lord Chancellor and diuers other Reuerent Bishops and contrary to the directions of the most Honorable the higher House of Parliament and the proceedings thereupon by Reuerent Bishops and others according to the Statute of Charitable vses as by the inquisition Decree and Certificate found for the sayd Schoole appeareth Whereby Crokey humbly prayeth this Honourable Assembly to take in consideration had little expectation of any good successe by that suite in Starchamber being so foyled by that Decree in the ground and maine of all his suites against Smith And yet Smith vpon Crokeys forbearance in that Starchamber cause procured 52. pounds costs to be taxed against Crokey though Crokey proceeded no further then to Bill and Answer of 3. Defendants with which 52 pounds Costs Crokey is now also charged in the Kings Bench. Matters thus standing and being in this conflict betweene Crokey and Smith May it please your Maiestie and the rest of this high and Honourable assembly to consider by how many waies all in places Iudicature and authority may be deluded and abused in the administration of Iustice by Impostors practices plotters and deceiuers that bend their mindes and indeauours wholly to iniurie and oppression without regard whom they delude deceiue and abuse for their owne impious ends seeming not to dread any punishment either in this life or in the life to come most impiously outfacing and deluding all Iustice and authority as in this man Smith your Maiestie and the rest by this plaine Relation may discerne Crokeys most humble suite wherefore is in the conclusion as in the beginning And that the matters before spoken of and wherewith Smith is charged may be examined by this high and Honourable Assembly that the right may appeare and so be adiudged and determined and in such sort as shall seeme most fit wherein Crokey vnder reformation particularly offereth to consideration the particulars insuing viz. That the Commission Inquisition Certificate and Decree vpon the Statute of charitable vses by direction of Parliament 16. may be maintained and prosecuted and that the said last recited Decree in Chancery to euery point whereof Crokey hath answered may bee made voyde by authoritie of this present Parliament That the Schoole and possessions thereto belonging may be reduced according to the meaning of the Founders with such other additions as this high Court shall hold meet and agreeable to the time That 〈…〉 Peter Bird placed vpon part of the Schoole lands by Smithes meanes and Cowper now placed as Schoolemaster may be remoued for that they haue beene and are practicers with Smith in all or most of his designes for supplanting the Schoole and his instruments alwayes ready to execute any euill act for Smith But what order it shall please your Maiestie and this high Court to award for Crokey in respect of his long and great expence of his whole estate and more to the value of 2200. pounds for the rectifying of the said Schoole and defending the tytle of the Schoole to the vtter neglect of all his owne affaires being before a Merchant of good credit and trading And for Crokeys right and possession to and in Warrens Court according to his â—â—â—â—ence and according to the Finall triall Verdict Iudgement and Rules in Court and according to his Maiesties directions mentioned in Section the 30. And for the meane profits of Warrens Court worth 80. pound per annum by Smith wrongfully kept from him since Crokeys first entry which is 12. yeares And for the 297. pounds Costs which Smith was to pay Crokey for wrong vexation in Starchamber some 7. years detained as by the Dismission and seuerall Orders and Bill of Costs mentioned Section 18. For the remitting of the 52. pounds Costs obtained by Smith vnduly in Starchamber against Crokey vpon Bill and Answer mentioned in the 41. Section for Crokeyes great labour and toyle both of his body and minde 12. yeares together with the wasting and consuming of his vitall spirits in bearing the assaults and insufferable wrongs of Smithes impietie and improbiety in the preseruation of the said Schoole being moued thereunto for Gods cause and no benefit to himselfe without contribution of any with the blame of many of his dearest friends for so great earnestnesse in a common cause generally neglected and violently opposed that vnlesse the speciall mercy and great goodnesse of God had assisted and strengthened his weakenesse in so sore a conflict in so iust a cause which Crokey holdeth to be more pretious then life it selfe as in the 4. Chapter of Ecclesiasticus the 28. verse Striue for the truth vnto death and defend Iustice for thy life and the Lord God shall fight for thee against thine enemies Vnto all which Crokey most humbly submits himselfe
Crokey Å¿ Letters of Admiâ—â—â—â—â—ation administred and this was about 12. yeares since whereupon Crokey being interessed in Warrens Court and Smith being in possession thereof and the said Grace his then late wife being dead and by her death Smiths interest in Warrens Court ending Crokey commenced a suite in Chancery against Smith and made his entry thereinto and depending the said suite in Chancery Smith still to colour his bad tytles to outface the world and to vex Crokey with suites brought an action of trespasse against Crokey for that his entry in which suite Smith proceeded to tryall without Crokeyes priuity and so that Tryall passed by default whereby Smith recouered of Crokey 7. pounds for costs though Crokey at the beginning of that suite obtained an t Order order in Chancery for stay thereof or to shew cause to the contrary which Smith did not but in contempt went to tryall as aforesaid 13. By these suites with Smith for Warrens Court Crokey tooke knowledge of the foundation and state of the Schoole and withall of Smiths said practices against the same which practices of Smith stirred vp Crokey more for defence of the Schoole then for his owne tytle as may well appeare by that which followeth 14. That there haue beene 33. seuerall u Seuerall Records exemplified and Copies of Record suites touching the said Will of the said William Thomas whereupon there were Virdicts Decrees Non-suites and Dismissions and the question in all which suites was whether that the remainder of yeares in Warrens Court should goe and be to the Legatees or to the Executors by the said Will in all which suites Iudgement was alwaies for the Legatees vnder whom Crokey claymes and Crokey hath an approued good and lawfull tytle to Warrens Court during the remainder of 88. yeares and Smith hath no right thereunto nor had since the death of Grace his said wife howbeit Smith by his vntrue reports ordinarie with him and by some false colours hath so shadowed the matter as that he hath made all men beleeue that all the said seuerall suites were in affirmation of his vniust clayme vnder a pretended tytle from one Sprint coloured by a Decree in Chancery 19. May 43. R. Regine Elizab. obteyned by Smith deceitfully as also by a dismission caused by colour of that Decree which Decree and dismission were against one Moores Tytle not against Crokeyes which Decree and dismission last spoken of or his said pretended tytle from Sprint Smith in all his suites with Crokey or in any of them could neuer make good though Smith hath laboured therein all he might but the same were alwaies held and deemed deceitfull and fraudulent 15. That Crokey for his owne right but especially in his tendernesse and zeale for preseruation of the Schoole and inheritance thereof prosecuting the before mentioned suite in Chancery against Smith Smith further to colour those his practices before spoken of for maintenance of his iniurious dealing against the Schoole and Crokey exhibited an u Exemplification of the Triall Information against Crokey and the said Ioice Crokeyes Aunt to the court of Common pleas vpon the Statute of Maintenance and Champerty which suite was commenced 20. Iuly Anno 12. Regni regis Iacobi in which x Information Information he the said Smith set forth that the first day of Ianuary in the 11. yeare of his Maiesties raigne and by the space of two yeares next before he was and then was seized in his demeasne as of fee of and in one capital messuage called Warrens Court and of and in 60. Acres of land 20. acres of meddow and 30. acres of pasture and 20. Acres of Wood scituate and lying in North-Nibley in the County of Glocester and the Rents and profits of the same Tenements with the appurtenances to his owne proper vse for all the said time of 2. yeares had and receiued Smith pretending further thereby that Ioice not hauing any right or title and notwithstanding pretending right and tytle to the premises conueyed the same to Crokey and so both Ioice and Crokey within the Statute of Maintenance and Champerty to which Information Ioice and Crokey pleaded and the cause came to tryall at the Bar. 26. April Anno 13. Regni regis Iacobi vpon full euidence Smith was y The same Exemplification nonsuited and yet vpon opening of the said suite in Chancery which was but 3. dayes after the said tryall Smith by his indirect practices procured a z Order dismission to the Law without any further hearing 16. That vpon the said Dismission in Chancery Crokey sealed a a The Lease for tryall of the tytle Lease for 5. yeares to one Thomas Bodham whereon to bring an action of eiectione firme for tryall of the tytle and thereupon Crokey commenced a suite in the Court of Common pleas against Smith In which suite the Iudges of that Court perceiuing the many vniust suites and sinister practices raised and prosecuted by Smith against Crokey against the Schoole made seueral b The Rules Rules in Court but with the assent of Smith and his Councel that if the verdict vpon that Tryall should passe for Crokey that then Crokey should forthwith haue possession and no writ of Error should be granted although the said Lease for the eiectment should be expired 17. That Smith to weary Crokey in that suite with vexations and delayes as before in the rest he endeuoured in May Anno Regni regis Iacobi 13. commenced a new suite in Chancery against Crokey for the same cause which was c Order of Dismission dismissed in Iuly Anno 15. Regni regis Iacobi And also another suite by English d Copy of Smithes Answer to the said Bill Bill in the Exchequer Chamber Termino Paso An. 14. Regni regis Iacobi in the name of one Edw Bishop a friend of Smiths and his chamber-fellow in the inner Temple which suite though it seemed to bee commenced against Smith for therein he made himselfe defendant and answered the said Bill yet that Bill was exhibited by Smith himselfe fraudulently the same Bill Smith e The said Copy of Smiths Answer answered and in that his Answer stood vpon all his fayned tytles and Smith likewise tooke out a f Order Commission for examination of witnesses and sâ—â—â—â—â—ed diuers witnesses to proue that Bill and so proued the Bill and thereby that all the lands belonging to the Schoole were concealed and within the Statute of 1. Edw 6. and so that suite ceased and all that suite was at Smiths charge for therein he made himselfe both plantiffe and defendant whereupon Smith for little or nothing bought Bishops tytle but withall tooke letters g Copy of the Letters Patents Copy of Certificate and Decree vpon the Commission for Charitable vses and Witnesses Patens thereof vpon the Commission of defectiue tytles to him and his heires for euer for which he paid to his Maiestie 5. pound
the inheritance of the lands belonging to the said Schoole on the other part Which said Smith at the first tooke diuers exceptions against the proceedings vpon the said Commission but afterwards did then and there wayue and relinquish all the same and all other exceptions whatsoeuer in that behalfe and consented that the said Commissioners should proceed to Tryall of the right whereupon there was giuen in euidence to the Iury the said 3. Grants of the 16. of Iune Anno 7. Regni regis Ricardi 2. of the 1. of Iuly Anno 8. Ricardi 2. and of the 20. October Anno 8. Ricardi 2. as in the 2. 3. 4. Sections are mentioned and also an Inquisition vpon an Ad quod Damnum as in the 1. Section is mentioned That Smith shewed forth the said Grant from his Maiestie to him and Gulston made as in the 17. Section and Smith then confessed that the lands therein mentioned were the same that were giuen as aforesaid to the Schoole and that Smith then shewed forth also an Exemplification of a Bill Answer and Depositions in the said suite brought by Bishop before mentioned in the 17. Section and that thereby and by diuers other wayes Smith earnestly endeuoured to proue that the said Schoole lands were giuen to his Maiestie by the said Statute of 1. Edward 6. as Chantry and concealed lands That it was inferred by the Councell on the Schooles behalfe That the said suite was but a meere practice of Smith to draw the said foundation within the said Statute of Chantries and that there was further shewed to the said Commissioners and Iury a Certificate subscribed by the Lord Archbishop of Canterbury and by the Lords Bishops of London and Winton wherein the said Smiths practices for suppression of the Schoole inter alia are mentioned That against which euidence for the Schoole Smiths Councell then vrged and gaue in euidence a Copy of the Ordinances and Statutes mentioned to be made touching the due gouernment of the said Schoole and of the lands wherewith the same was indowed and that amongst the said Ordinances Smithes Councell stood especially vpon that Ordinance That the Master of that Schoole for the time being should bee a Priest and celebrate for the Founders of the schoole And others in the said Ordinance named after their departure hence and whereupon it was earnestly vrged by Smithes Councell that forasmuch as in the deed of foundation the Lands were giuen to the Master and two poore Schollers and their Successors to their aide and sustentation according to the Ordinances to be made by the said Walter William and Katherine that therefore the foundation of the Schoole and Lands was within the said Statute of 1. Edward 6. For answere whereunto there was shewed forth the opinions of Sir Henry Yelverton then Attourney Generall and Sir Thomas Couentry then Solicitor to the contrary and that it was then further answered on the Schooles behalfe that the said Grants and Licences of the foundation donation and Ad quod Damnum were absolute to the charitable vses therein expressed without any mention of any superstitious vse at all and that therein there was no relation to any Ordinances to be made but onely in the Habendum whose proper Office is to expresse the estate And that therefore the Ordinances ought to extend onely to order the Succession and not to make a new vse seruice or consideration Besides it then appeared that the said Ordinances were made long before the foundation of the said Schoole and therefore of little regard And that it was then also informed that the said Schoole and the Master and two poore Schollers in the same had continually beene maintained according to the said first foundation vntill within 16. yeares last past which was not denyed by Smith or his Councell That thereupon the said Commissioners were and are of opinion that the said Lands ought to be restored according to the said charitable and pious foundation which continued 100. yeares before the said Statute of Edward 6. and almost 60. yeares after before it was questioned And therefore according to the said Statute of charitable vses and the said Commission to them directed They did adiudge and decree that the said Lands should be restored and imployed to the vse of the said Schoole according to the said first foundation But forasmuch as the said Corporation was of late discontinued and the Patronage of the said Schoole is claimed by Smith and was before in question whereof the said Commissioners could not determine And Crokey claimeth a Lease of a Tenement parcell of the said Schoole lands whereof as they were informed Crokey hath a Verdict and Iudgement against Smith but cannot as they were informed by reason Smith was a Burgesse of the Parliament obtaine an execution thereof and hath as they were also informed exhausted and spent his Estate in the prosecution and desired recompence for his great charges therein they could not adiudge therefore the same they humbly referred to the consideration and direction of the Court of Chancery or of the Parliament to which as they were informed Crokey had preferred his Bill for further therein to be done So as by the said Certificate Decree it may plainly appeare that the same Commission was not executed partially or at randon but equally and iustly and whereto Smith and his Councell there present consented and thereby Smith concluded himselfe Crokey then being absent 38. That shortly after the returne of the said Commission so executed as aforesaid by direction of the Parliament and Inquisition Certificate and Decree thereupon Smith perceiuing that the Parliament was soone after to be dissolued notwithstanding he had formerly wayued all exceptions to the aforesaid Inquisition Certificate and Decree which is by the said Commissioners certified as aforesaid yet Smith vpon the ending of that Parliament obtained an i Order Exceptions Crokeys Answer to those Exceptions Order in Chancery of the 3. of December to put in new exceptions to the said Commissioners said proceedings which Crokey in defence of the Schoole answered And the Parliament being then ended Crokey applyed himselfe to the Chancery for a day of hearing not doubting a confirmation of the said Inquisition Certificate and Decree which day of hearing after much labour Crokey obtained And so the cause was by the Lord Keeper ordered k Order to be heard before his Lordship and Iustice Hutton wherewith Crokey was well satisfied but when the cause came to bee heard Iustice Chamberlaine who married with the Lady Berkley Smith being her chiefe Steward in stead of Iustice Hutton sate in Court and so the cause was heard l Order 17. Iuly anno 20. Regni regis Iacobi At which hearing Smithes exceptions were argued and being found friuolous no resolution was thereupon yet was not the said Decree so made by the said Commissioners in that Commission vpon the Statute of charitable vses confirmed as Crokey expected but at that time the Lord Keeper granted