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
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
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
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