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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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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
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