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
delayes worne out Crokey could not by Law haue any Writ for possession according to the said Verdict Rules and his Maiesties most gratious Direction and intention in that beholfe so signified or the said Statutes of Ieofaile All which delay and stay of iudgement seeming onely to be but vpon a meere suggestion by Smith which g Affedauit to proue Tippets name so to be was that one of the Iurors names called Tippets was mistaken and in the Record written Tripets and though Crokey did often during that delay of Iudgement offer to h Witnesses proue and to produce the Record to shew the contrary and in the end did proue so much 31. That during the said delay of Iudgement and betweene the said Verdict and Iudgement Smith to crosse all former proceedings of the Schoole and the Verdict vpon diuers vntrue suggestions compiled in a Petition to his late Maiestie procured a Reference from his Maiestie signified by Sir Sidney Mountagu Master of Requests 25. Iunij 1620. The effect of which Petition and Reference i Copy of the Petition and Reference As also Crokeys Answere thereunto next follow viz. NVM PETITION ANSVVERE 1. That a Tryall in Easter Terme anno 1620. was had in the Common Pleas in an action of eiectione firme brought against Smith by Thomas Bodham Lessee to Crokey for a messuage and 50. Acres of land in North-Nibley in the County of Glocester parcell of the Possessions of the said Schoole wherein Crokey claymed a Lease for 12. yeares 1. It is true that such an Action was brought but it was laid for the said Messuage and 130. acres and a Mill as before was layd by Smith himselfe in his Informatioon for Champerty brought in the Common pleas for which Crokey hath offered proofe Sect. 15. Crokeyes tytle was for 21. years when hee made his first entry before related and so offered to be proued Sect. 12. 2. That Smith had against the said Tytle Verdicts and Non-suites at Law and Decrees and Dismissions in Chancery 2. That this is most vntrue will appeare by that which Crokey before in the 14. Sect. hath truely related 3. That at the last Tryal Crokey had vrged vntruly impertinently that Smith had indirectly endeuoured the suppressing of the Schoole and sought to conuert 3. That Crokey in this vrged nothing but truth is manifestly proued before in diuers places of this his Relation But it will appeare more plainly in Crokeys Answer  the possessions thereof to his owne priuate benefit to the Decree mentioned Sect. 41. Numero decreti 19. 4. That Smith not hauing informed his Councell in that point being no way pertinent to the issue Crokey obtained a Verdict against Smith wherin no Iudgement was then entred 4. Smith had informed his Councell in all things but vsed all meanes possible to stay Iudgement of purpose to weare out the Lease made for tryall of the Tytle or to bring Crokey to a composition as before is truly set forth Sect. 29. 30. 31. 32. 33. 5. That Smith was able to proue he had beene so farre from wronging the Schoole as that he had done many acts to his great charge for prâ—seruing of it and had bought in tytles that might haue troubled it and was ready to establish the Schoole in such sort as should be fit 5. The whole tract of this Relation and proofes proue this to bee very false and that Smith hath endeuoured as much as in him lay to make good to himselfe all those bad and feigned tytles against the Schoole and for that purpose did many acts and those most vilde and vnconscionable for an incling whereof vide Sect. 40. Numero Decreti 19. 6. Wherefore and for acquitall of his reputation and for setling a finall end betweene Smith and Crokey and for auoydance of multiplicity of suites and other inconueniences likely to arise desired that the consideration thereof might be referred either to the Iudges of the Common Pleas or to such others as his Maiestie should thinke best for such end and order as should be fit 6. Smithes backe being at wall and all his plots and deuises being discouered and when no better would be he now to saue his reputation makes a great shew of innocency his ayme being by some compromise to take off Crokey from further prosecution for the Schoole which was laboured as much as might be but all in vaine for Crokey had then and still is resolued by Gods grace to right both the Schoole and himselfe that neither may be subiect to Smithes gins or deuotion 7. That his Maiesties pleasure was that the Iudges of the Common Pleas taking consideration of the Petition should call the said partyes before them and thereupon take order to settle the state of the Schoole and for auoyding of further suites to compose the differences of the said partyes if they could 7. Crokey obserued his Maiesties Reference in all things But Smith laboured the contrary as may well appeare by the vse hee made of this his Maiesties gratious intention which was to settle the Schoole according to the foundation and to right Crokey and not to alter the same or to preiudice Crokey and so his Maiestie before had declared by the signification of Sir Daniel Dun Secretary Naunton and Sir Iohn Sucklyn 32. That Smith vsed the said Petition and Reference to the intent aforesaid and as an Instrument to moue the Lord Hobart further to presse Crokey to a composition and to delay the Iudgement and so it came to passe for at the hearing vpon Smithes said Petition and his Maiesties Reference thereupon the Lord Hobart pressed Crokey to referre the matter to him and the other Iudges of that Court which Crokey refusing could not obtaine Iudgement as before is said vntill the Lease was expired and then obtained Iudgement but no possession notwithstanding the said Rules Verdict and his Maiesties said expresse directtions for the same But Smith procured one Gayre one of Master Brownlows Clerkes to alter the said Rules of Court by razing and interlyning the k Rules Record Whereupon and vpon proofe made and Gayres confession in Court the Lord Hobart and that Court committed Smith to the Fleete for not yeelding possession But Smith shortly after obtained his libertie and so was at large vntill Crokey complained that Smith had not yeelded possession according to the said Rules whereupon Smith was committed againe but shortly after was released without performing the said Rules and so Crokey cannot obtaine possession to this day 33. That shortly after the Tryall vpon Smiths said Petition and his Maiesties said Reference thereupon viz. in Michaelmasse Terme Anno Regni regis Iaecobi 18. his Maiesties Attourney l Decree hereafter following Sect. 41 Generall by direction of the Lord Hobart exhibited an Information in Chancery against Smith and Crokey thereby supposing a confederacy m Order between Smith and Crokey to take away or peruert the possessions of the said Schoole and to supplant
Crokey Å¿ Letters of Admiâ—â—â—â—â—ation administred and this was about 12. yeares since whereupon Crokey being interessed in Warrens Court and Smith being in possession thereof and the said Grace his then late wife being dead and by her death Smiths interest in Warrens Court ending Crokey commenced a suite in Chancery against Smith and made his entry thereinto and depending the said suite in Chancery Smith still to colour his bad tytles to outface the world and to vex Crokey with suites brought an action of trespasse against Crokey for that his entry in which suite Smith proceeded to tryall without Crokeyes priuity and so that Tryall passed by default whereby Smith recouered of Crokey 7. pounds for costs though Crokey at the beginning of that suite obtained an t Order order in Chancery for stay thereof or to shew cause to the contrary which Smith did not but in contempt went to tryall as aforesaid 13. By these suites with Smith for Warrens Court Crokey tooke knowledge of the foundation and state of the Schoole and withall of Smiths said practices against the same which practices of Smith stirred vp Crokey more for defence of the Schoole then for his owne tytle as may well appeare by that which followeth 14. That there haue beene 33. seuerall u Seuerall Records exemplified and Copies of Record suites touching the said Will of the said William Thomas whereupon there were Virdicts Decrees Non-suites and Dismissions and the question in all which suites was whether that the remainder of yeares in Warrens Court should goe and be to the Legatees or to the Executors by the said Will in all which suites Iudgement was alwaies for the Legatees vnder whom Crokey claymes and Crokey hath an approued good and lawfull tytle to Warrens Court during the remainder of 88. yeares and Smith hath no right thereunto nor had since the death of Grace his said wife howbeit Smith by his vntrue reports ordinarie with him and by some false colours hath so shadowed the matter as that he hath made all men beleeue that all the said seuerall suites were in affirmation of his vniust clayme vnder a pretended tytle from one Sprint coloured by a Decree in Chancery 19. May 43. R. Regine Elizab. obteyned by Smith deceitfully as also by a dismission caused by colour of that Decree which Decree and dismission were against one Moores Tytle not against Crokeyes which Decree and dismission last spoken of or his said pretended tytle from Sprint Smith in all his suites with Crokey or in any of them could neuer make good though Smith hath laboured therein all he might but the same were alwaies held and deemed deceitfull and fraudulent 15. That Crokey for his owne right but especially in his tendernesse and zeale for preseruation of the Schoole and inheritance thereof prosecuting the before mentioned suite in Chancery against Smith Smith further to colour those his practices before spoken of for maintenance of his iniurious dealing against the Schoole and Crokey exhibited an u Exemplification of the Triall Information against Crokey and the said Ioice Crokeyes Aunt to the court of Common pleas vpon the Statute of Maintenance and Champerty which suite was commenced 20. Iuly Anno 12. Regni regis Iacobi in which x Information Information he the said Smith set forth that the first day of Ianuary in the 11. yeare of his Maiesties raigne and by the space of two yeares next before he was and then was seized in his demeasne as of fee of and in one capital messuage called Warrens Court and of and in 60. Acres of land 20. acres of meddow and 30. acres of pasture and 20. Acres of Wood scituate and lying in North-Nibley in the County of Glocester and the Rents and profits of the same Tenements with the appurtenances to his owne proper vse for all the said time of 2. yeares had and receiued Smith pretending further thereby that Ioice not hauing any right or title and notwithstanding pretending right and tytle to the premises conueyed the same to Crokey and so both Ioice and Crokey within the Statute of Maintenance and Champerty to which Information Ioice and Crokey pleaded and the cause came to tryall at the Bar. 26. April Anno 13. Regni regis Iacobi vpon full euidence Smith was y The same Exemplification nonsuited and yet vpon opening of the said suite in Chancery which was but 3. dayes after the said tryall Smith by his indirect practices procured a z Order dismission to the Law without any further hearing 16. That vpon the said Dismission in Chancery Crokey sealed a a The Lease for tryall of the tytle Lease for 5. yeares to one Thomas Bodham whereon to bring an action of eiectione firme for tryall of the tytle and thereupon Crokey commenced a suite in the Court of Common pleas against Smith In which suite the Iudges of that Court perceiuing the many vniust suites and sinister practices raised and prosecuted by Smith against Crokey against the Schoole made seueral b The Rules Rules in Court but with the assent of Smith and his Councel that if the verdict vpon that Tryall should passe for Crokey that then Crokey should forthwith haue possession and no writ of Error should be granted although the said Lease for the eiectment should be expired 17. That Smith to weary Crokey in that suite with vexations and delayes as before in the rest he endeuoured in May Anno Regni regis Iacobi 13. commenced a new suite in Chancery against Crokey for the same cause which was c Order of Dismission dismissed in Iuly Anno 15. Regni regis Iacobi And also another suite by English d Copy of Smithes Answer to the said Bill Bill in the Exchequer Chamber Termino Paso An. 14. Regni regis Iacobi in the name of one Edw Bishop a friend of Smiths and his chamber-fellow in the inner Temple which suite though it seemed to bee commenced against Smith for therein he made himselfe defendant and answered the said Bill yet that Bill was exhibited by Smith himselfe fraudulently the same Bill Smith e The said Copy of Smiths Answer answered and in that his Answer stood vpon all his fayned tytles and Smith likewise tooke out a f Order Commission for examination of witnesses and sâ—â—â—â—â—ed diuers witnesses to proue that Bill and so proued the Bill and thereby that all the lands belonging to the Schoole were concealed and within the Statute of 1. Edw 6. and so that suite ceased and all that suite was at Smiths charge for therein he made himselfe both plantiffe and defendant whereupon Smith for little or nothing bought Bishops tytle but withall tooke letters g Copy of the Letters Patents Copy of Certificate and Decree vpon the Commission for Charitable vses and Witnesses Patens thereof vpon the Commission of defectiue tytles to him and his heires for euer for which he paid to his Maiestie 5. pound
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
the same To which Information Crokey answered n Crokeys Answer and thereby cleared himselfe of that suggestion vtterly disclayming all other interest in or to the Schoole or Lands otherwise then by his said right to Warrens Court and his zeale for preseruation of the said Schoole and possessions thereto belonging and withall by his said Answer charged Smith with his seuerall practices against the Schoole and thereby also shewed in how many cases he had defended the said Schoole against Smith and others that had gone about to supplant it But Smith by his o Smithes Answer Answer to the said Information set forth all his bad tytles herein before mentioned and thereto added many vntrue suggestions howbeit vpon the said Information 〈◊〉 an p Order Iniunction Iniunction against Crokey and thereby stopped all Crokeys proceedings in Law or Chancery in behalfe of the Schoole or in his owne behalfe euer since against Smith which Iniunction Smith himselfe serued upon Crokey and which Crokey obeying Crokey forbore any further proceeding in Law or Chancery in that behalfe and by that meanes all Crokeys endeuours which he had so faithfully and zealously followed in behalfe of the Schoole were vtterly defeated contrary to his Maiesties said directions and contrary to the Honourable and Charitable endeuours of the said Lord Archbishop the Lord Chancellour and of the Lords Bishops of London and Winton 34. That vpon the motion q Confessed Smiths Decree in Chancery Lord Hobarts Warrant of Master Attorney Generall according to the direction of the Lord Hobart the Lord Chancellour awarded a Commission vpon the Statute of Charitable vses leauing the nomination of the Commissioners to the Lord Hobart Witnesses who nominated Commissioners Crokey not assenting thereunto But that Commission though sealed was neuer put in execution for the Parliament was then at hand Not to be denyed 35. That Smith procured himselfe to be made a Burgesse in that Parliament for Midhurst in the County of Sussex 130. miles distant from his residence and this was anno 16â—0 36. That neuerthelesse Crokey presented a Bill r Bill in Parliament in that Parliament against Smith on behalfe of the Schoole and thereupon obtained an Å¿ Order in Parliament order of Parliament for another Commission vpon the Statute of charitable vses so long before sought for by Crokey to inquire according to the Statute of Charitable vses and withall ordered that the Lords Bishops of Worcester and Glocester and Bristoll and their Chancellours and others should bee Commissioners Witnesses 37. That Crokey sued forth that Commission and going on in the execution thereof and hauing 〈◊〉 before had 〈◊〉 losses at Sea and other wayes and Crokey being indebted to one Augustine Haruy 50. pound for which Haruy had Crokeyes Bond of 100. pound Crokey was arrested vpon that Bond and detained and when Crokey offered to t Witnesses satisfie the debt Haruy had made ouer that Bond to one Ashman Haruy and Ashman u Order declaring the same together had made ouer the same to one Fisher and so Crokey could not know with whom to deale which intricasie as it seemeth and as Crokey is verily perswaded came by the meanes of Smith or some of his Agents and confederates for that Smith had before by himselfe and others his confederates dealt with others of Crokeys Creditors to buy * Witnesses Crokeys debts and Crokey is the rather so perswaded for that at the time Crokey was so arrested one Bird whom Smith hath long vsed and imployed in his affaires and one Archer a seruant of Smithes were at that his arrest and for that also Smith hath beene very inquisitiue to know what matters were against Crokey in the Kings Bench and for that also Crokey hath since endeuoured by all meanes to giue satisfaction whereby to release himselfe but cannot Orders of the Chancery as may appeare by that which immediatly followeth For Crokey when he had so offered satisfaction and was notwithstanding so put off and sued at Law in the name of Haruy Crokey coÌ„mensed a suite in Chancery against Haruy and Ashman in point of equity there Crokey hauing obtained an x An Iniunction vnder Seale Iniunction to stay the said suit at Law Haruy the rest without any notice to Crokey or any for him by vntrue suggestions obtained a y Affedauit Report and so the cause was dismissed and that Iniunction was dissolued and which was at the very time when Haruy or Ashman should haue shewed cause why they should not haue accepted the 50. pound z Order principall Whereupon Crokey vpon his Petition obtained a a Petition Reference Reference from his Maiestie anno 1620. to Sir Edm Boyer and Sir George Paul Knights to mediate but Haruie though b Affedauit serued with their Warrant would not appeare Vpon that Crokey obtained an c Iniunction vnder Seale Iniunction in the Court of Requests for stay of Haruies proceedings at Law which Haruy also contemned and proceeded to a Iudgement Crokey vpon that obtained a d Protection Protection of the Parliament At which time Crokey going on in the execution of the said Commission so awarded by order in Parliament was notwithstanding his said Protection taken e Witnesses in Execution when the Iudges were gone their Circuit and the Parliament proroged And the said debt being so made ouer Crokey was so intangled as that when Crokey and his friends tendered the whole hundred pounds and 7. pound more for costs for his release of imprisonment no other matter being against him no penny would be accepted and so Crokey lay fiue moneths in Prison vntill the Parliament sate againe and then Petitioning to f Petition to the Parliament and discharge the Parliament was released And all this trouble came vpon Crokey when he was to haue followed that Commission so awarded by order in Parliament and by Smithes meanes as Crokey is verily perswaded for the reasons aforesaid yet did not Crokey neglect that Commission but to his great g Witnesses charge of threescore pounds and vpward imployed others therein And so the said Commission was executed at Glocester by the said Bishops and others and an Inquisition was found 19. Regni regis Iacobi by the oathes of 17. Iurors all substantiall and men of good estates of the County of Glocester Whereupon the said Commissioners returned the said Commission and h Copies of the Commission Inquisition Certificate and Decree Inquisition together with their Decree and Certificate thereupon the same being Dated 19. September Anno Regni regis Iacobi 19. which said Certificate and Decree was to the effect following viz. That there appeared before them aswell the said Iurors as also diuers Tenants of the said Schoole lands and diuers Witnesses to testifie on either side As also Crokey the prosecutor on behalfe of the said Schoole by his Councell on the one part And the said Smith claiming
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