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
TO HIS SACRED MAIESTIE THE LORDS SPIRITVAL AND TEMPORAL AND the House of COMMONS in this present Parliament Assembled Printed the 1. of Iune 1625. Crokey being sorie if hee shall offend by the tediousnesse hereof a more briefe then which he knew not how to compose considering the so long so many and vexatious Suites wrongfully prosecuted against him And in that Crokey hath in many places referred one place to another according to the Sections and proofes he hath done it the better to explaine and giue light to euery particular which otherwise might have rested doubtful and obscure to the Reader A True Relation of the passages in diuers Suites twelue yeares together Certificate from the Citie of Bristol vnder the cōmon Seale of Crokeyes good estate credit and respect before his declining in estate occasioned by the said Suites prosecuted by Beniamin Crokey of Bristol Merchant and especially vpon the Statute of Charitable vses made Anno 43. R. Regine Elizab. for and on the behalfe of a free Grammer Schoole at Wooton-vnderedge in the Countie of Glocester founded by KATHERINE Lady Berkley an 8. Richardi 2. against one Iohn Smith of Northnibley in the said Countie Gent who hath put in execution many soule and impious practices whereby he hath most manifestly abused and deluded his late Majestie of happie memory the Lord Archbishop of Canterburie the Lord Chancellor the L. Certificat of Smiths powerfulnesse cunning and contentiousnesse and of Crokeyes intollerable charges for preseruation of that Schoole from the Maior and Burgesses of Wooton and foureteene Preachers resident neere thereunto the L. Keeper and diuers Reuerend Bishops the most of his Majesties Courts at Westminster Iudges thereof and hath committed many grosse contempts against the same Courts all to supplant the foundation of that Schoole and to get the possession and inheritance thereof and of the Lands thereto belonging to himselfe the same being of the value of 300. pounds per annum at this day and for which Crokey hath now a Bill depending in Parliament against Smith for no other course of Iustice by all likelihood will preuaile against him as that which followeth in this Relation will manifest May it therefore please your Majestie and this Honourable Assembly for the honour of GOD and maintenance of Iustice to vouchsafe the calling of Crokeyes Bill against the said Smith to bee read and the rather for that the Parliament foure yeares since was possessed with this cause and gaue order therein which by reason of the breaking vppe of that Parliament Smith defeated and went on and renewed his former practices And that for your better information it would please you to take notice of the particulars following which Crokey will proue and in faile thereof will vndergoe what punishment soeuer this High Court shall inflict all or the most of his proofes being noted in the Margent to the said particulars in this insuing Relation And in this suite Crokey is the more earnest for that hee is assured of great opposition to keepe this Cause from the hearing of your Majestie and this Honourable Assembly 1 A Summarie and Briefe of the vndue practices by Smith before spoken of for supplanting the foundation of that Schole and getting the possessions and inheritance thereof to himselfe discouered and opposed by Crokey mentioning euery Section where the matters are at large related but first how Smith entred and began to worke 1 One Grace Drew the Relict of one Iohn Drew being by force of a Lease from the Schoole possessed of a Farme parcell of the Possessions of that Schoole called Warrens Court and shee being very aged decrepit sicke in her bed and likely to dye and Smith beeing a very young man and then of little or no value or estate marryed the said Grace in her bed two women holding her vp during the Ceremony thereby Smith possessed himselfe of that Farme in this manner Smith began 2 Then Smith got the originall Lease of that Farme not appartaining to him out of Chancery by cunning and vntrue suggestions where it was to haue been kept vntill the expiration Sect. 8. 3 Smith bought two fraudulent Titles of the Schoole and lands from two of the Duports And by that meanes entred vpon the Schoole and residue of the Schoole lands Sect. 9. 4 Then Smith placed one Cowper Schoolemaster and bought another fraudulent tytle of the Schoole and Lands from that Cowper and from one Browning and from one Bolton the Daughter of which Browning Smith had marryed Sect. 10. 5 Smith then let Leases of the Schoole Lands and erected a Court Baron and the same kept diuers times in his owne name as Lord and owner of all the Schoole Lands Sect. 11. 6 Crokey hauing an interest for the residue of a Terme in the aforesaid Farme called Warrens Court and Smith keeping it from him vniustly Crokey entred and for that entrey to out-face the world Smith sued Crokey in diuers Courts to weary him Sect. 12. 7 Smith made many vntrue reports against Crokeyes proceeding in behalfe of the Schoole and many false suggestions in Courts for maintaining his said bad titles to the Schoole Lands which plainely shew Smiths intent for supplanting the Schoole and getting the said Lands Sect. 14.15 17. 8 Smith commensed diuers fraudulent and vniust suites in Star-chamber Chancery Exchequer and Common Pleas for maintenance and strengthening his said bad titles to the Schoole and Lands wherein hee vsed many practices shifts and delayes which also shew his said intent Sect. 17. 9 Smith being discouered of his said former bad titles to the Schoole lands by Crokeyes opposition bought another fained title of one Bishop of all the Schoole lands and that managed as the rest against Crokey which also shewed his said intent Sect. 17. 10 When Crokey brought his eiectment for Warrens Court Smith obtained vpon vntrue suggestions an Iniunction in the Starchamber which stayed Crokeyes proceeding at Law foure yeares and after that Cause was dismissed Crokey could not get a Iury to appeare vntill 48. Iurors were summoned Sect. 17.19 11 Smith interrupted Crokey three seuerall times in the execution of his Maiesties Commission vnder the great Seale vpon the Statute of Charitable vses and also in the execution of a second Commission vpon that Statute notwithstanding his Maiesties especiall directions Sect. 20. 12 Smith practised with Sir Iohn Points and one Henry Minors to finde the Schoole Lands concealed or to draw Crokey to a Composition or to intrap Crokey that he might forbeare any further prosecution in behalfe of the Schoole Sect. 21.22 13 Smith made false shewes to the Countrey of a pious intent for setling the Schoole when hee knew not how otherwise to answer his former practices against it and when he meant nothing lesse Sect. 30. 14 Smith misused and euilly intreated one Prichard who serued as Schoolemaster because hee inclined to Crokey in behalfe of the Schoole Sect. 27. 15 Smith by his vndue practices hindred
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
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