Selected quad for the lemma: cause_n
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A19613
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To his sacred maiestie, the lords spiritual, and temporal, and the House of Commons in this present Parliament assembled
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Crokey, Benjamin.
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1625
(1625)
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STC 6045; ESTC S114520
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38,936
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77
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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
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