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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A19613 To his sacred maiestie, the lords spiritual, and temporal, and the House of Commons in this present Parliament assembled Crokey, Benjamin. 1625 (1625) STC 6045; ESTC S114520 38,936 77

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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 ●●●●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