Selected quad for the lemma: cause_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A31164
|
The Case of the inhabitants of the town and parish of Croyden in the county of Surrey concerning the great oppressions they ly under by reason of the unparallel'd extortions and violent illegal and unwarrantable prosecutions of Doctor William Clewer, vicar of the said parish.
|
|
1673
(1673)
|
Wing C1092; ESTC R26442
|
20,131
|
18
|
had come thither Hereupâ—n the Parishioners of Croyden once again most humbly Petitioned his Majestie in Council and annexed their Proposals aforesaid shewing how inevitably they must be ruined if he were continued and prayed his Removal Whereupon the 28 of May 1673 It was ordered as followeth At the Court at Whitehall 28 of May 1673. Present The Kings most Excellent Majesty His Royal Highness the Duke of York Lord Arch-Bishop of Canterbury Lord Chancellor Lord Treasurer Lord Privy-Seal Duke of Lauderdail Earle of Ogle Earle of Bridgwater Earle of Bath Earle of Carlisle Earle of Arlington Earle of Craven Earle of Carbury Viscount of Hallifax Lord Maynard Lord Newport Lord Holles Mr. Vice-Chamberlain Mr. Secretary Coventry Mr. Chancellor of the Excheq Mr. Chancellor of the Dutchy Mr. of the Ordnance Sr. Thomas Osburn Mr. Speaker VVHereas upon hearing the Complaints of the Inhabitants of the Parish of Croyden in the County of Surrey against Dr. Clewer Vicar of that Place concerning several exorbitant courses by him practised for recovery of his Tithes it was the 4 of April last referred to his Grace the Lord Arch-Bishop of Canterbury and the Lord High-Chancellor of England to endeavour to settle the Business for the future quiet of the Parishioners and that there may be a constant Maintenance for the Vicar there And the said Inhabitants by their Humble Petition this day read at the Board Praying his Majesty to receive a Report from the Lords References of their Proceedings therein and to suspend the said Doctor and give the Petitioners leave to proceed at Law against him or otherwise to relieve them it was thereupon Ordered by his Majesty in Council that it be again referred to his Grace the Lord Arch-Bishop of Canterbury and the Right Honourable the Lord High Chancellor of England who calling all Parties before them are to endeavour to compose and settle the said Business according to the Proposals made by the said Inhabitants of Croyden but if they cannot effect the same then it is Ordered that the said matter in difference be heard at this Board on Wednesday the 11th of June next at which time all Parties concerned are to give their attendance Edward Walker Before the time for this Hearing came unluckily it fell out that Dr. Clewer having taken a little too much of the Creature in London being upon his Journey home just as God would please to have it to shew what he deserved against the Gallows near Newington-Butts his Horse threw him or he fell off from his Horse broke his Leg in three pieces and put his Shoulder out there he lay and none would help him the people thereabouts knowing him so well that one cried There lies the Vicar of Croydon with his Leg broke I would to God he had broken his neck the Church would then be no more scandalized by such a Rogue nor the poor People tormented Others wished more severe things which savoured not of Christianity therefore we will not mention them but certain it is no one would help to remove him till they were paid before-hand because he is counted so great a Knave that none would trust him nor would a Coach-man take him up to carry him to Dr. Welden's house the Parson of Newington before he had ten shillings in hand which is not half a Mile And when he was at Doctor Welden's house he sent for one Doctor Thorland the Bone-setter from London who found him in a very ill condition but very glad he saw him at all for it happened about twenty years since an accident of the same nature befel him in Northamptonshire of which the said Doctor Thorland cured him but to this day was never paid for it Nevertheless the good man as became a Christian pitied the Doctor and seeing his misery applied himself to his Cure and effected the same in about three months when he demanded for his pains in this and the former Cure fifty pounds but the Doctor would not pay him upon which he arrested him thereupon he pleaded himself his Majesties Chaplain shewed a Certificate of his being sworn in that capacity and so got off without paying for his Cure And as unworthily he served Doctor Welden in whose house he so long lay sick to the great trouble and disorder of his Family prejudice and spoyling of his Goods By this means the Cause could not come to a Hearing as by the Order of 28th May 1673 was directed But during this the Doctors sickness he was several times sent unto by his Grace of Canterbury and the Lord Chancellor to know if he would resigne he declared that he would so soon as there were indifferent Persons nominated to Arbitrate the Difference between him and his Parishioners concerning arrears of Tithes Thereupon his Parishioners presented the Petition annexed and had the Order of Reference under-written made thereupon To his Grace the Lord Arch-Bishop of Canterbury and the Right Honorable the Lord high Chancellor of England The Humble Petition of the Inhabitants of Croydon Humbly Sheweth THAT your Petitioners most thankfully acknowledge your Lordships great Favour in giving them hopes of the removal of Doctor Clewer their Vicar and placing amongst them Mr. Hescott who hath been two Sundayes with them and Preached and the whole Parish in general satisfied with him and are ready to make good their former Proposals under their hands for making a settled maintenance of one hundred and sixty pounds per ann to be secured and paid in such manner as therein was proposed Sunday the 22 day of June instant the Church Doores were shut up there being no Person to Preach or read Prayers which was a great discouragement to the Parish That Doctor Clewer who as your Petitioners are informed had resigned his Vicarage or promised on Friday last was seven night so to have done doth now refuse to make such surrender until by your Lordships two Gentlemen be nominated and appointed to arbitrate the matter in difference between him and some of the Parishioners concerning his Tithes in arrears to which your Petitioners readily consent That by the Order of his Majesty and Council upon the last Petition presented by your Petitioners it was referred to your Lordships to end this business if you could or otherwise the Cause upon the said Petition to have been heard at that Board the 11th of June last past That your Petitioners have none to Preach to them or Christen Marry or Bury Mr. Hescott being gone into the Country The Premises considered they most humbly implore your Lordships Favour to nominate and appoint under your Hands two Persons to arbitrate the difference aforesaid and desire them to meet and end the same and that Doctor Clewer may give his final determination whether he will surrender or not and the Cause thereupon to be set down to be heard in Council and in the mean time that you will be pleased to appoint some good man to Preach amongst them And as in Duty bound they shall Pray
small Tythes which at the utmost Value is not worth above Eighty Pounds this for some time was paid the Dr. per annum who when he had been a little in the Parish and had got all the Parishioners Names into his Book fell to his old Practices of Oppression and Extortion bringing frequently Vexations Suits against all or most of the Parishioners because they would not comply with his unconscionable and extravagant demands Under these Horrid Oppressions the Parishioners having many years suffered and some hundreds of the Inhabitants ruined thereby they joined together and caused the said Doctor to be indicted for a Common Barrater was to have come to a Trial in Hillary Term 1673 at the Kings-Bench Bar accordingly the Jury was summoned and the Informers ready to have made good the Indictment by above three-hundred Witnesses but about two daies before the said Trial should have been a Noli Prosequi was entred by means whereof the Trial was stopt This Noli Prosequi was obtained by fraud also for Clewer finding that the Parish were resolved for to prosecute came to one Mr. Bickerton who was then one of Mr. Baron Turners Clerks tells him thereof adding that he was like to be undone thereby for that the Rogues as he called them would sware him to be a Common Barrator then asked him whether he believed there could be such Rogues in England To which the said Bickerton replied that he alwaies suspected that a mischief would come upon him for his continued Vexations continued to his Poor Parishioners and wondred they had not done it sooner adding that he believed they had just cause to proceed against him by what he understood of his wayes in proceeding against them in the Exchequer Whereupon Clewer asked if there were no way to stop the Trial for that Time beg'd his assistance if possible to do the same promising to give him ten pounds for his pains if he succeeded therein Upon which Mr. Bickerton advised him to get a Noli Prosequi for which purpose a Petition was drawn setting forth that the Parishioners were Litigious factious People would pay him no Tythes but forced him by means thereof to sue for his dues and now had indicted him for a Common Barrator meerly for bringing such his lawful Suits against them therefore prayed Proceedings might be stopt This done the said Doctor gave Bickerton a note under his hand to pay him ten Pounds if the Suit were stopt that Term and away he went with the Petition to a Person that presented it to his Majesty who being misinformed and thinking that the said Doctor might have just occasion to sue as by Petition he pretended did order Mr. Attorney General to enter a Noli Prosequi and accordingly a Noli prosequi reciting his Majesties Command was granted and the Suit stopp'd which done the said Doctor went back to Bickerton and crying told him his Majesty denied the Petition and that the Trial was not stopt desired therefore his Note again that he had given him for his ten Pounds which Mr. Bickerton delivered as thinking Clewer had spoken truth and so cheated him of his ten Pounds promised him upon accompt as aforesaid The poor Parishioners of Croyden they were greatly troubled not knowing what to do being stopt from proceedings at Law thereupon went to Counsel and were advised to have Petitioned the Parliament then sitting as lying under a Grievance and being denied the benefit of the Law for their redress but upon Application made to the Lord Keeper and Mr. Attorney-General that now are and acquainting them with the Truth of the Case they did assure the Parishioners that his Majesty was surprized with the granting of his Noli Prosequi and undoubtedly would take the same off if addressed unto in Council Whereupon the 21 of March 1672 a Petition was exhibited to his Majesty praying that the Noli Prosequi might be taken off and the Parishioners left to the Law or that he would graciously be pleased to hear the Cause and relieve them according to Justice To which Petition was annexed the Articles following Articles of high Misdemeanor humbly exhibited to the Kings most Excellent Majesty and the Right Honourable the Lords of his most Honourable Privy Councel by the Inhabitants of the Town of Croydon in the County of Surrey against Doctor William Clewer Vicar of that Town THat the said Doctor by unjust Vexations and numerous Suits by him frequently brought against his Parishioners extorts more from them than what either his Predecessors claimed or had or is his due 2. He frequently after he hath been punctually paid his full dues arrests his poor Parishioners and forces them to pay the same over again together with great summs for charges which he pretends he hath been at declaring he will have of them what he pleases for he cannot live on his Dues 3. He hath served several of the poor People with pretended Processes and compels them to pay him money when there is nothing due to him from them and extorts money for the Process whenas there was never any Process pursued other than what was made by himself which is to the great abuse of his Majesties Courts at Westminster 4. That he doth very often sue out many Writs out of the Exchequer against several of the Parishioners that owe him not a farthing puts them to vexation trouble and charge and then never exhibits any Bill against them 5. That because one of his Parish would not Swear for him what he would have had him he vowed he would sue him as long as he lived and so hath continued to do ever since to his almost utter ruine 6. That he frequently arrests poor People for Tithes puts them to great charges when-as they owe him nothing and such as are able to make opposition he never declares against but forces the rest to compound and give him what he pleaseth 7. That he hath Attached the Goods of several persons for Tithes pretended to be due to him whenas none was due from them hereby put the People to charge done damage to their Goods and when Replevins have been brought then he hath never appeared or declared 8. That he hath imprisoned several Persons and detained their Goods in his house till he hath forced them to give him what money they have and seal Bonds to him for other summs of money by him demanded when there hath not been one peny due to him 9. That having come to an agreement with several persons for their Tithes to take such a sum for them yearly he hath received the sum of money agreed upon for several years together and afterwards denied the same and sued the persons for their Tythes in kind and the arrears thereof and some of the People with whom he agreed being illiterate trusted him to write the agreement he set down double the sum that was agreed upon got their mark to his Book and sued the Persons and forced them to pay the same together