Selected quad for the lemma: justice_n
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A31164
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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.
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1673
(1673)
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Wing C1092; ESTC R26442
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20,131
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18
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several Masters of Shops gave Testimony thereof To which the Doctor being to give answer declared that true it was that he was sitting in a Shop reading a Book and saw a Gentleman come by that he had occasion to speak with and in haste ran after him and forgot to lay down the Book and carried it with him but the man presently followed him and took it of him But alas good Gentleman he had often had this chance of following his Friends with other mens Books under his Cloak If he had done so but once it might have passed as forgetfulness But it fell out very unluckily that at Mr. Sawbridge his Shop at the Bible on Ludgate-Hill he came in and took away a Book of good value carried it beyond Fleet-Bridge and there was overtaken and brought back and beg'd Pardon declaring who he was Mr. Sawbridg thereupon loth to bring any scandal upon a man of his Coat went with him into Fetter-Lane to a Gentlemans House to inquire of him and finding that he was Doctor Clewer and Vicar of Croydon resolved to make no more noise of it if he would ingenuously confess what Books he had formerly stolen from him for that he had often been at his Shop and he had often lost Books but never knew who to charge with them Thereupon he promised he would go home look over all his Books and bring him the names of them as also money for them that he never came there again or sent the Catalogue of the Books he had stolen but he did send his Wife to the Shop with about thirty nine shillings and she paid the same for the Books he had stolen so that it was not alwayes forgetfulness or running after Friends that made him carry Books out of the Shops The said Doctor being then asked why after so many Arrests and so may suits against his Parishioners he never brought any one of them to Trial whereby the modus decimandi might have been settled It was proved against him that being demanded the same question in the Exchequer he declared most falsely and Scandalously of his Grace of Canterbury that his Grace had directed him not to do it because the then Lord Chief Baron now lord-chief-Lord-Chief-Justice Hales was an Enemy to the Church of England Upon the whole mater his Grace and the Lord Chancellor proposed to the Parish to settle a certain Maintenance upon their Vicar for the future that so no more suits might arise To which the Parishioners most willingly assented provided the Doctor might be removed and have no benefit thereof and proposed as poor as he had made them yet to be rid of him and to have a good Learned Orthodox and Peaceable Man setled amongst them they would make a certain allowance of an hundred and twenty Pounds per annum to be paid to the succeeding Vicar by quarterly Payments without charge and trouble No sooner was this Proposal made but Doctor Clewer who the World knows is a Notorious Lyar and the old Proverb is A Liar had need to have a good memory starts up and although just before he had told their Lordships he was forced to bring his Actions and to have multiplicity of Suits because his Parishioners would pay him nothing that although he had offered them his Vicarage at 60 50 nay 30 l. per annum they refused to take the same he told them that 120 l. was nothing for that the Parish had offered him 180 l. themselves Note The Doctor let the Tithes for three years to one Wood at 60 l. per annum and the said Wood received the Tithes of the Tennants paid him his Rents and afterwards the Doctor sued the Parishioners and made many of them to their utter Ruin pay him the said Tithes over again though they had Woods discharge for the same Nevertheless to be rid of the Doctor the Parish then proposed to allow an hundred and sixty pound per annum to the surviving Vicar The conclusion of this meeting was that the Parishioners should draw up their Proposals in Writing put them under their hands and present them to the Lord High Chancellor of England accordingly they were drawn up and signed by above three hundred Persons and presented to his Lordship and a Copy to his Grace of Canterbury and one other Copy annexed to a Petition was presented to his Majesty in Council the Purport whereof was as follows 1. That provided Doctor Clewer were presently removed the Parish would allow the succeeding Vicar successively if a Sober Learned Orthodox and Peaceable-Man an hundred and sixty pounds per annum 2. That Doctor Clewer should have no advantage of the said offer 3. That they would consent to an Act of Parliament or Decree in Chancery or Exchequer to settle and confirm the same 4. That till such Act or Decree could be passed to the intent the said Doctor might not be continued twenty of the most able Parishioners would become bound to the surviving Vicar to pay him an hundred and sixty pound in lieu of all his Tithes or other Dues until the said one hundred sixty pound should be confirmed by Act of Parliament or Decree aforesaid 5. That whereas the said Doctor pretended great arrears of Tithes and Dues owing to him and many Actions were brought by him against the Parishioners for the same every Person concerned therein would be determined by the Judgment of any two indifferent Persons as the said Lord's Grace of Canterbury and late Lord Chancellor should appoint to hear and determine the same without further charges and trouble in Law This seemed very reasonable and satisfactory to his Grace and the Lord Chancellor and thereupon Doctor Clewer being sent for by the late Lord Chancellor was told thereof and advised to surrender to his Grace of Canterbury which if he would do was offered another Living of 120 l. per annum in Northamptonshire then in the Lord Chancellors gift and his Grace of Canterbury should present one other able Orthodox Man to Croyden to be named by the then Lord Chancellor his Grace of Canterbury being so convinced of the badness of Doctor Clewer as he resolved never to present him to any other This being the Medium most graciously proposed by His Majesty in Council for the ease of his Poor Subjects This offer the Doctor promised to accept and to go to the Lord Arch-Bishop of Canterbury and resign accordingly but as he ever hath been false so in this he manifested it in breaking his word both with his Grace and the Lord Chancellour so that they could do nothing And truly till it was considered what the reason might be it was wondred that he that might have had a Living of 120 l. per annum certain to part with about 60 or 80 l. per annum gotten with contention should not accept the same but afterwards it appeared plainly that he was so well known in Northampton-Shire that the People would have stoned him out of the Country if he
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