thing nor doth the foundation mention any such matter nor were there any Ordinances made vpon by or after the foundation but long before nor was the same euer in question or any part of the land And yet Crokeys Ancestors held Warrens Court for 70. yeares vnder Coldwells Lease And therefore it plainely appeareth that all the said points in this part of the Decree are but onely meere suppositions and suggestions by Smith to delude the Court. 16. Therefore it was decreed that all the said tytles both vnder the said Letters Patents and also the said Leases and all other Leases and estates made by any Master should be voyde And all Bonds and Couenants made for securing the same should bee deliuered vp and cancelled And that the same should be called in and all the possessions re-established in the Schoole and all the lands mentioned in the said Certificate and Suruey were decreed to the Schoole And that if any other lands should bee discouered for the Schoole the Court would take such further order for establishing thereof to the Schoole as should be fit And that all the premises should bee surrendred to his Maiestie that the same might be regranted to be imployed for the establishment of the Schoole and the Master and Schollers there and for the maintenance of a greater number of Schollers according to the increase of the Reuenues as occasion should be 16. This clause taketh away Crokeys lawfull tytle It maketh voide the finall Tryall and Verdict and Iudgement duly obtained and the Rules of Court for possession by consent as in the 16. sect It altereth the ancient foundation which appropriateth the Patronage of the Schoole to the heires Males of the said Thomas Lord Berkley and the inheritance of the Schoole lands to the Schoolemaster of that Schoole lawfully presented as the same continâ—ed for about 200. yeares and to transferre the said Patronage and inheritance by colour of such a Surrender Crokey doubteth whether it be warrantable by the Statute of charitable vses and whether the foundation may bee altered but by acte of Parliament And what a reach Smith hath in this point of the Decree for getting in all his Bonds and Couenants which hee hath runne into for maintenance of his vniust tytle to the Schoâ—le lands euery one may discerne â—7 And because it appeared by the Suruey that diuers Messuages and parcells of Land part of the premises are and long had beene in the possession of diuers whereof many are of meane ability hauing paid fines And if they should bee remoued from the same would impouerish them It was therefore decreed that they should haue reasonable Leases not exceeding three liues made to them without fine for the increased Rent of a third part of the yearely value thereof according to the said Suruey and the opinion of the said Iudges Assistants and Master Attourney generall to whom his Lordship referred the perfecting of this Decree 17. The Fines that they haue paid haue beene paid to Smith and therefore Smith should make them good being taken wrongfully and that to make new Leases other than according to the first foundation Crokey maketh a question whether it be contrary to the meaning of the Founders It is not likely that Master Attourney Generall had any hand in this Decree as it is entred vpon record But that it was done by Smith himselfe and his Councell And very likely it is that Smith hath vsed some slight in procuring the same to be thus entred And that herein hee hath abused the Court the Iudges and Master Attourney not caring whom hee abuseth to worke his owne ends And because Smith was in quiet possession of Warrens Court for diuers yeares after his mariage And that by buyin the long Lease of 99. yeares and estates of the Patentees hee had been at 700. pound charge and had bestowed great charges in building and that many parcells of the Schoole lands lye in seuerall places intermixt and inclosed with his owne Fee simple lands 18. Smith had neuer any quiet or lawfull possession longer then his wife Grace liued who dyed about 12. yeares since and then Crokey claimed and entred and euer since hath sued for that his right to Warrens Court Nor hath Smith beene at aboue 100. pound charge as Crokey is informed in buying all the said bad tytles what he hath bestowed in building was but to outface the world and the better to colour those his bad tytles Nor doe the lands lye intermixt but those lands that Smith pretendeth to lye so or the most thereof are lands also belonging to Warrens Court for Smith hath made no accompt how he came by any other lands there and are the residue of the 130. Acres which Smith himselfe hath confessed as before is said in the 15. Sect. though in this businesse hee hath caused the same to be found but at 58. Acres and 10. perches that Suruey being vpon Smiths owne setting out and wherein Crokey had no hand nor thereof any knowledge vntill it was done 19. And that it appeared his intention was not to diminish the Reuenues of the Schoole being by the said long Lease brought so low as 40. shillings per annum but to increase the same It was therefore decreed that Smith should haue an estate in Warrens Court and of the intermixt lands in Nibley made to him for such three liues or for yeares determinable vpon such three liues as hee should nominate without impeachment of waste for a like increased Rent of a third part And the heires and Assignes of Smith from time to time for euer vpon request should haue an estate of the same renewed to them in manner and for the Rent aforesaid 19. It plainly appeareth that Smiths intention was not onely to diminish the Reuenue of the Schoole but vtterly to supplant for so it appeareth 1. By buying the Duports tytles mentioned Sect. 10. 2. By buying the tytles of Cowper Browning and Bolton mentioned sect 10. 3. By letting Leases of the Schoole lands as his owne sect 11. 4. By keeping of Courts in his owne name as Lord and owner of all Schoole lands sect 11. 5. By his fraudulent suite brought in the Exchequer wherein hee claymed a Fee simple in all the Schoole lands sect 17. 6. By buying of Bishops tytle and taking a Patent vpon the Commission of defectiue tytles of all the Schoole lands sect 17. 7. By his Information brought against Crokey and the said Ioice in the Common-Pleaâ— wherein he set forth a seizen in fee of Warrens Court sect 15. 8. By his Bill or Information in Starre-chamber against Crokey and others wherein hee made like claime sect 17. 9. By managing all those tytles from time to time and so consequently his owne tytle for the inheritance of all the Schoole lands sect 17. and Certificate and Decree vpon the Commission for charitable vses sect 37. numbers 1. 2. 4. 6. per ordinum 23. Non. sect 10. By his labouring to make the
and two poore Schollers and their successors for euer 3. Thomas Lord Berkley Copy of the Licence Lord of Berkley granted Licence Dated 1. Iuly Anno 8. Regni regis Ricardi 2. to the said Walter Burnell and William Pendock for erecting the said Schoole and for indowment thereof with the Lands in the same Licence mentioned for maintenance and sustentation of a Master and two poore Schollers and their successors for euer 4. That the 20. day of October in the said eight yeare of the reigne of King Richard the 2. Copy of the Grant a Grant was made by the said Walter Burnell and William Pendock at the charges and procurement of Katherine Lady Berkley for erecting the said Schoole and for indowment thereof with the Lands and Tenements in the same Grant mentioned for maintenance and sustentation of a Master and two poore Schollers for teaching of Schollers in the Art and rudiments of Grammer the Patronage of which Schoole was intayled vpon the heires males of the said Thomas Lord Berkley An exemplification of a Record and Smiths Decree in Chancery Sect. 40. Numero 7. 5. In this estate the Schoole continued for the space of 200. yeares and vntill Smith endeuoured to alter the same and the Lands belonging to the Schoole are worth 300. pound a Certificate of the Archibishop of Cant Bishops of London and Winton to his Maiestie per annum at this day 6. That Robert Coldewell was Schoolemaster of that Schoole duly presented and was in right thereof seized of and in all the lands Tenements thereto belonging and being so seized by his b Confessed by Smiths said Decree in Chancery Sect. 40. Numero 8. Indenture vnder the common Seale of that Schoole bearing date the 27. of May in the 37. yeare of the reigne of King Hen. the 8. did demise one messuage with the appurtenances called Warrens Court in North-Nibley in the said County of Glocester parcell of the said Schoole lands vnto one William Thomas his Executors Assignes from the feast of the Anunciation of the blessed Lady S. Mary the Virgin then last past for the terme of 88. yeares for the yearely Rent of fourtie eight shillings That William Thomas by his last c Confessed by the same Decree Numero 8. Will Dated Anno Domini 1556. did bequeath the said Lease and residue of the Terme of 88. yeares vnto Alice his wife and Executrix for her life and after to Grace Daughter of the said William Thomas and Alice and after to the Children of the said Alice by Iohn Moore her former Husband and to the suruiuor of them which children were Richard William Katherine Elizabeth Mary and Ioice and dyed Alice proued that d Will vnder Seale will and entred into Warrens Court as a Legacy and so left the same after her death to Grace who at the suite of the said Richard Moore and the rest of his said Brethren and Sisters being plaintiffes against the said Alice and Grace were by an e 2. Orders order in Chancery where that suite was commenced in the 26. yeare of the reigne of Queene Elizabeth compelled to bring the said originall Lease into that Court where it was by consent of Alice and all the said Legatees to f An Exemplification of the Answers of Alice and Grace remaine and safely there be kept for the vse of them all that they might take the benefit thereof one after another vntill the expiration thereof 8. That the said Lease was so kept the space of 18. yeares and vntill Smith married the said Grace which was in the 39. yeare of the reigne of Queene Elizabeth and then Smith perceiuing that all other the ancient Leases of the Schoole lands were come to an end except the Lease of Warrens Court began his endeuours and practices to get all the said Schoole lands and to that purpose did by diuers practices and vntrue suggestions in Chancery there being then none to oppose him g Order obtaine the said Lease out of Chancery vnduly and the same deteyned in contempt of the h Order Orders of that Court. 9. That Smith hauing so gotten that Lease delt and practiced with one Henry Duport that Duport should i Copy of Smiths Answer to Bishops Bill in the Exchequer and of the Bill pretend some tytle to the Patronage of that Schoole and to the inheritance of the Lands thereto belonging whereupon Smith and that Duport gaue forth in speeches that the said Duport had good tytles thereunto and Smith also practiced with Iohn Duport and Iames Duport who then had possessed themselues of the said Schoole and Lands as masters and owners thereof to set on foot another tytle and so Smith for some small matter to those three Duports got possession of all the Schoole-Lands as his owne Fee-simple and likewise the Patronage and the better to colour that his practice k Counterpart of the Conueyance razed in the summe let downe for consideration tooke conveyances from the Duports 10. That Smith Anno 6. Regni regis Iacobi vnduly placed one Edward Cowper Master of that Schoole vpon whose induction Smith caused Cowper to l Copy of Smiths Answer in the Exchequer and of the Bill conuey all the Schoole Lands in Fee to one Iohn Browning father to Smiths wife and to one Bolton which Browning and Bolton soone after conueyed the same and leuied a Fine to Smith and his heires for euer and so Cowper continued as Schoole-master but neuer exercised the place or had any thing there to doe but others as Deputies there were placed by Smith and so Smith made Cowper but as his stale 11. That Smith by colour of the said seuerall conveyances and vpon expiration of all the ancient Leases about that time viz. about Anno 6. Regni regis Iacobi worne out sauing the said Lease of Warrens Court m Copy of Smiths said Answer in the Exchequer and of the Bill entred n Smiths Patent vpon 38. Tenements belonging to that Schoole hauing possessed himselfe of Warrens Court before and did let those Tenements for long termes vpon Fines and the Tenants tooke Bonds of Smith for the quiet enioying o Witnesses and shortly after Smith p Witnesses called a Court Baron in his owne name as Lord and owner of all the Schoole lands and summoned all the Tenants of the Schoole lands as belonging to Warrens Court and kept Courts Baron in the Schoole-house 12. That the said Ioice was last suruiuor of all the said Legatees as Smith hath q Smiths Decree in Chancery confessed and the said Ioice so being lawfully intytled vnto all the remaine of 88. yeares in Warrens Court which was 21. yeares then to come did for diuers considerations duly r Assignement from â—oice to Crokey and â—â—â—â—ant of Attorney assigne the same Lease to Crokey her Nephew which Crokey was sonne of the said Katherine one of the said Legatees and dyed intestate and
Court for the residue of 99. years 10. dayes onely excepted and in 6. Iacobi Iames Duport did for 300. pound grant vnto Smith his whole estate in all the premises 11. If the Schoole and Possessions thereof were neuer since 37. H. 8. imployed according to the foundation and institution then had Smith no reason to deale with any tytle from the Duports much lesse now to vrge any such But in that Smith bought in the Duports tytles hee must needs shew his great desire to supplant the Schoole and to get the possessions thereof and thereby to ecclips all other iust tytles And Smith being a Lawyer did alwayes well know that the Duports had no tytle to any part of the Schoole lands nor lawfully placed in the Schoole Nor did Smith euer giue 100. pound for all his tytles As for the 40. shillings Rent supposed by Smith that was a rent onely agreed vpon by Iohn and Iames Duport whereas the ancient Rent of the Schoole was 23. pound per annum which Iames Duport deputy Schoolemaster to Iohn Duport did receiue vntill Smith had bought in manner as aforesaid the Duports out 12. That it did further appeare that an Inquisition was found anno 30. Elizab. That all the said Lands were come to the Queen by the Statute of Chantryes made 1. Edward 6. And that the said Q. 21. Marcij anno 31. did grant all the premises to Charles Badgehot and Bartholomew Yardley and their heires vnder the yearely rent of xj shillings And that from them it came to Andrew Phillips Thomas Chamberlaine and Edward Bishop and their heires And in the 15. yeare of his late Maiesties raign Smith hauing beene in possession of Warrens Court euer since his said Mariage did for 200. pound buy in the seuerall tytles and pretended estates And for strengthening his tytle did for 5. pound obtaine another Patent vpon the Commission of defectiue Tytles for xj shillings rent 12. Smith practiced vpon these tytles as before vpon the Duports tytles wel knowing all to be naught as may well appeare by the suite brought in the Exchequer between him and Bishop Sect. 17. 13. That it did also appeare to the Court that Smith did take a course for establishing the Schoole as formerly for 9. yeares before he had increased the Rent of 40. shillings to 12. pound per annuÌ„ to the Schoolemaster And that whereas at that time by reason of the long Lease for 99. years the reuenew of the Schoole was but fortie 〈◊〉 per annum Smith did conuey all the Premises discharged of the long Lease except that which lyeth in Nibley together with the fourth part of fines vpon Leases and all the residue to other charitable purposes to certaine Feoffees and their heires to the vse of the Schoolemaster and his Successors And that Smith both in his Answer and then in Court submitted his tytles to the disposing of the Court. 13. That when Smithes backe was at wall and that hee knew not what way to turne him by the opposition of Crokey Then Smith to colour and face out the matter as he euer before did might make such a shew to the world when he meant nothing lesse for if hee had meant truly to the Schoole and intended to haue maintained her first foundation he would neuer haue so practiced to haue supplantad it as before is shewed And well hee might submit all his tytles to the disposition of the Chancery none of them being good but all fraudulent and he hauing no right at all there consisting his onely hope when all others had failed him Nor hath Smith laid open or submitted all his tytles to the Chancery for that tytle from Cowper Browning and Bolton Smith hath concealed and still doth conceale the same with intent no doubt but the same to reuiue and stand vpon in time to come for the inheritance of all the Schoole lands when all matters now in hand shall bee dead and forgotten As for the 40. shillings 12. pound Rent the same is answered before Numero 14. And although Crokey for his owne ends had prosecuted some Commissions vpon the Statute of charitable vses yet it appeared by Affedauit Orders and his owne Answere that in the 16. of his Maiesties raigne he did giue in euidence at Wickwar to the Commissioners for concealed Lands and that vpon his oath euidence by him produced all the premises were found to be concealed and that he tooke a Bond of 2000. pound of the prosecutors of the said Commission That the Fee farme of Warrens Court should be conueyed to him and his heires at the yearely Rent of 40. shillings 14. Crokey did not so prosecute for his owne ends but in behalfe of the Schoole onely for Crokey did well know his tytle to Warrens Court to be good for the Statute of 1. Edw 6. maintaineth all Leases of Chantryes made before the 28. day of Nouemb 37. Hen. 8. as was the said Lease vnder which Crokey claymes For the Affâ—dauit supposed to be made Crokey cannot beleeue there was any such and if any such matter were then whether the same should be so materiall as whereupon to decree any point is the question But Crokey too well doth know that Smith was neuer without Affedauit Instruments And for the Orders Crokey hath before answered in the 26. Sect. Nor doth any such matter appeare by Crokeys Answer as is here foysted into the Decree for Crokey by his Answer cleered himselfe And for the euidence supposed to bee giuen in by Crokey that is cleered Sect. 22. 23. 15. That vpon consideration of all which the Lord Keeper and Court of Chancery assisted by Iustice Chamberlaine and Iustice Iones were of opinion that the said Lands did not come to the Crowne by the Statute of Chantryes And that the said long Leases are voide in Law and equitie for either the Master and Schollers are a Collegiat Corporation and then must ioyne in the Leases which they did not or else the said Master was presentatiue and in that regard the said Leases being made onely by the Master and not confirmed by the Bishop of Worcester by whom by the foundation he was to be admitted instituted and sworn to performe the said Ordinances are voide also And for that the long Leases tend to the distruction of the Schoole contrary to the intention of the Founder 15. It is not likely or probable that it was the meaning of the Founders that the 2. Schollers should be ioyned with the Master in letting Leases for that there is no such matter in the Institutions or Ordinances but thereby the two Schollers were to bee admitted at 10. yeares at least and to continue there but 6. yeares and they were by the Ordinance subiect to correction by the Master But it is plaine that the Schoole lands were alwayes letten by the Schoolemaster onely and for the Bishops confirmation of the Leases it is as vnlikely nor can it be proued that there was euer any such
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
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
the inheritance of the lands belonging to the said Schoole on the other part Which said Smith at the first tooke diuers exceptions against the proceedings vpon the said Commission but afterwards did then and there wayue and relinquish all the same and all other exceptions whatsoeuer in that behalfe and consented that the said Commissioners should proceed to Tryall of the right whereupon there was giuen in euidence to the Iury the said 3. Grants of the 16. of Iune Anno 7. Regni regis Ricardi 2. of the 1. of Iuly Anno 8. Ricardi 2. and of the 20. October Anno 8. Ricardi 2. as in the 2. 3. 4. Sections are mentioned and also an Inquisition vpon an Ad quod Damnum as in the 1. Section is mentioned That Smith shewed forth the said Grant from his Maiestie to him and Gulston made as in the 17. Section and Smith then confessed that the lands therein mentioned were the same that were giuen as aforesaid to the Schoole and that Smith then shewed forth also an Exemplification of a Bill Answer and Depositions in the said suite brought by Bishop before mentioned in the 17. Section and that thereby and by diuers other wayes Smith earnestly endeuoured to proue that the said Schoole lands were giuen to his Maiestie by the said Statute of 1. Edward 6. as Chantry and concealed lands That it was inferred by the Councell on the Schooles behalfe That the said suite was but a meere practice of Smith to draw the said foundation within the said Statute of Chantries and that there was further shewed to the said Commissioners and Iury a Certificate subscribed by the Lord Archbishop of Canterbury and by the Lords Bishops of London and Winton wherein the said Smiths practices for suppression of the Schoole inter alia are mentioned That against which euidence for the Schoole Smiths Councell then vrged and gaue in euidence a Copy of the Ordinances and Statutes mentioned to be made touching the due gouernment of the said Schoole and of the lands wherewith the same was indowed and that amongst the said Ordinances Smithes Councell stood especially vpon that Ordinance That the Master of that Schoole for the time being should bee a Priest and celebrate for the Founders of the schoole And others in the said Ordinance named after their departure hence and whereupon it was earnestly vrged by Smithes Councell that forasmuch as in the deed of foundation the Lands were giuen to the Master and two poore Schollers and their Successors to their aide and sustentation according to the Ordinances to be made by the said Walter William and Katherine that therefore the foundation of the Schoole and Lands was within the said Statute of 1. Edward 6. For answere whereunto there was shewed forth the opinions of Sir Henry Yelverton then Attourney Generall and Sir Thomas Couentry then Solicitor to the contrary and that it was then further answered on the Schooles behalfe that the said Grants and Licences of the foundation donation and Ad quod Damnum were absolute to the charitable vses therein expressed without any mention of any superstitious vse at all and that therein there was no relation to any Ordinances to be made but onely in the Habendum whose proper Office is to expresse the estate And that therefore the Ordinances ought to extend onely to order the Succession and not to make a new vse seruice or consideration Besides it then appeared that the said Ordinances were made long before the foundation of the said Schoole and therefore of little regard And that it was then also informed that the said Schoole and the Master and two poore Schollers in the same had continually beene maintained according to the said first foundation vntill within 16. yeares last past which was not denyed by Smith or his Councell That thereupon the said Commissioners were and are of opinion that the said Lands ought to be restored according to the said charitable and pious foundation which continued 100. yeares before the said Statute of Edward 6. and almost 60. yeares after before it was questioned And therefore according to the said Statute of charitable vses and the said Commission to them directed They did adiudge and decree that the said Lands should be restored and imployed to the vse of the said Schoole according to the said first foundation But forasmuch as the said Corporation was of late discontinued and the Patronage of the said Schoole is claimed by Smith and was before in question whereof the said Commissioners could not determine And Crokey claimeth a Lease of a Tenement parcell of the said Schoole lands whereof as they were informed Crokey hath a Verdict and Iudgement against Smith but cannot as they were informed by reason Smith was a Burgesse of the Parliament obtaine an execution thereof and hath as they were also informed exhausted and spent his Estate in the prosecution and desired recompence for his great charges therein they could not adiudge therefore the same they humbly referred to the consideration and direction of the Court of Chancery or of the Parliament to which as they were informed Crokey had preferred his Bill for further therein to be done So as by the said Certificate Decree it may plainly appeare that the same Commission was not executed partially or at randon but equally and iustly and whereto Smith and his Councell there present consented and thereby Smith concluded himselfe Crokey then being absent 38. That shortly after the returne of the said Commission so executed as aforesaid by direction of the Parliament and Inquisition Certificate and Decree thereupon Smith perceiuing that the Parliament was soone after to be dissolued notwithstanding he had formerly wayued all exceptions to the aforesaid Inquisition Certificate and Decree which is by the said Commissioners certified as aforesaid yet Smith vpon the ending of that Parliament obtained an i Order Exceptions Crokeys Answer to those Exceptions Order in Chancery of the 3. of December to put in new exceptions to the said Commissioners said proceedings which Crokey in defence of the Schoole answered And the Parliament being then ended Crokey applyed himselfe to the Chancery for a day of hearing not doubting a confirmation of the said Inquisition Certificate and Decree which day of hearing after much labour Crokey obtained And so the cause was by the Lord Keeper ordered k Order to be heard before his Lordship and Iustice Hutton wherewith Crokey was well satisfied but when the cause came to bee heard Iustice Chamberlaine who married with the Lady Berkley Smith being her chiefe Steward in stead of Iustice Hutton sate in Court and so the cause was heard l Order 17. Iuly anno 20. Regni regis Iacobi At which hearing Smithes exceptions were argued and being found friuolous no resolution was thereupon yet was not the said Decree so made by the said Commissioners in that Commission vpon the Statute of charitable vses confirmed as Crokey expected but at that time the Lord Keeper granted
Hobart and the other two Iudges of the Common Pleas touching the re-establishing of the Schoole and possessions thereof according to the first foundation and to settle a final end betweene Smith and Crokey for Warrens Court betweene them controuerted 1. This is answered by the said Commission awarded by order in Parliament and Certificate and Decree thereupon and vpon the wauing and arguing all exceptions Sect. 27. And by the Rules made by Smithes assent and concluding of Errors by like assent Sect. 16. And by the Verdict and Iudgement thereupon with Smithes commitment for not yeelding possession to Crokey according to the Rules Sect. 32. and according to Crokeys right affirmed by Verdicts Nonsuites Decrees and Orders in 33. seuerall suites before mentioned Sect. 14. 36 37. 2. And whereas 14 Iuly 18. Regni regis Iacobi the Lord Hobart other Iudges did after seuerall hearings direct that an Information should bee exhibited in the Court of Chancery against Smith and Crokey for the said causes 2. It seemeth to Crokey that this Direction is derogatory as to the words of that Reference which was for auoyding of further suites and not warranting any or other then were then depending 3. And that in Michaelmasse Terme following an Information was exhibited whereunto Smith and Crokey did in the same Terme Answer and thereupon an Order was made the 23. of Nouember in the same Terme whereby a Commission was to bee awarded to Commissioners to bee named by the Lord Hobart for surueying of the Schoole-lands and of the Lands controuerted betweene Crokey and Smith And because Crokey attended not but betook himselfe to other courses did not nominate the Commissioners But the Lord Keeper iâ— Iulij 20. Regni regis Iacobi did confirme the former Order of the 23. of Nouember And that his Lordship did in open Court nominate the Commissioners and on the 19. of the same Iuly his Maiesties Attourney did giue speciall directions for execution of the said Commission 3. An Information was so exhibited and orders so made howbeit Crokey had good reason to goe on in that course vpon the Statute of Charitable vses wherein he had begun rather then to assent to any other much lesse to any thing that might haue withdrawne him from that course and whereof his Maiestie the Parliament the Lord Archbishop the Lord Chancellour and others reuerend Bishops were possessed and had taken notice and wherein the Parliament had giuen order wherupon a Commission was awarded and executed duly And vpon that an Inquisition Certificate and Decree were made and returned which was a yeare before the said Order of the 1â— of Iuly and the order of the 23. of Nouember was 16. moneths before that of the 1â— of Iuly so as Smith stirred not vpon that Information during the Parliament but it no sooner was ended but Smith then began again to reuiue and set on foote all his former practices all which 〈…〉 Crokey had reason to Withstand 4. That accordingly the said Commission was sued forth and in September following it was executed with great care and exactnesse and a Suruey made which in Michaelmasse Terme following was returned with the Commissioners Certificate declaring that they did appoint others sufficient men to Suruey the premises with the Metts and bounds appointing them to attend with their Suruey at Wooton on the 10. of the same September At which time they appointed for the Suruey being approued of by Smith and Crokey did deliuer in the Suruey which was read in the presence of Smith and Crokey and of the Maior of Wooton and diuers others of the chiefe Townsmen there of many others sent for at the instance of Crokey examined as witnesses vpon their oathes vpon Interrogatories by him exhibited which vpon their examinaâ—ions did agree with the Counterparts of Leases of the said possessions voluntarily produced by Smith and that they found the Suruey to bee iust against which neither of the defendants or others their present did or could take any exceptions 4. Crokey did neither approue of that Suruey nor Certificate annexed nor did the Commissioners particularly examin Witnesses vpon the Interrogatories then preferred by Crokey as the CoÌ„mission required though Crokey much pressed them thereto nor otherwise then when as the Surveyors had brought in their surely the same was read ouer and then the Commissioners asked them then present which were onely such as Smith would haue there whether they could say any thing to the contrary without any further or other examination whereat Crokey shewed himselfe much discontented and tooke exceptions at the then proceedings and the same altogether disliked and so told the Commissioners and some there assembled nor was there any depositions or examinations vpon oath nor bee any returned or vpon Record in that cause nor did Smith then produce all the Courterparts of the Leases of the Schoole lands but onely of such parcels as hee pleased and would not suffer any Tenant of the Schoole to produce any other nor did Crokey allow of the Surveyors for they had made the Suruey before Crokey did know of any such matter and they were Smithes neere neighbours and friends and such as had some dependency on Smith nor did there appeare aboue 6. or 7. of 39. Tenants that Crokey would haue had there and for which purpose he tendred their names to the Commissioners in writing but they would not receiue it nor send for more then for such as Smith would haue And in this manner was that Commission executed 5. That the substance of which Suruey declared in effect that the possessions of the Schoole did consist of 31. houses and 162. Acres and 10. pertches And that the yearely Rent of the premises then was 21. pounds 4. shillings 6. pence and that the yearely value of the premises to be improued aboue the said Rents was 121. pounds 17. shillings 2. pence And that Warrens Court contained one Messuage one fulling Mill and 54. Acres and 10. pertches and that the yearely value of the same then was 38. pounds 1. shilling 4. pence besides 48. shillings and 12. shillings payable out of the same And that of a Lease formerly made thereof there was then vnexpired 10. yeares at Lady day next ensuing 5. Smithes Patent from his Maiesty doth mention 39. Tenements as in truth there be the land belonging to Warrens Court by Smiths owne shewing amounteth to 130. acres as in the Section the whole value of the Schoole lands is certified by the Lord Archbishop of Canterbury the Bishops London Winton to be 300. pound per annum or thereabouts Crokey had 21. yeares in Warrens Court when hee first began suite against Smith But further as to the present Reuenew of the Schoole Crokey doth affirme that it is at this day re vera worth about 300. pound per annum and all in the disposition of Smith 〈◊〉 as for Leases in being there be none but onely the remainder of the old Lease of 88. yeares in