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
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
and was to pay xi s. Rent per annum by which tytles Smith meant to hold the Schoole lands as he holdeth other h Note from the Rolls land in Sussex by those tytles to this day And further about the same time still to delay Crokeys said suite vpon the Eiectment Smith commensed or rather but reuiued his other foyled suite of Maintenance and Champerty which before he had brought in the common pleas a suite in the Starchamber against Crokey and foure others Crokeyes friends for maintenance and Champerty therein surmising forgerie and periurie wherein Smith also pretended a tytle of inheritance to Warrens Court whereupon and vpon other false suggestions Smith obtained an i Order Iniunction for stay of Crokeyes said tryall vpon the Eiectment and by that meanes the said Tryall was stayed foure yeares to Crekeyes great vexation and trouble and to his expence of foure hundred pounds or thereabouts in that proceeding Crokey being inforced to attend that Court euery Terme with councell for desoluing that Iniunction but could not but in the end was inforced to labour for a hearing for which he procured foure seuerall peremptorie k 4. Orders Orders in foure seuerall Termes for hearing of the said Star-chamber cause so commenced by Smith during which delay Smith gaue forth in l Affidauit speeches that he would weary Crokey by suites in Law and that it was as possible for Crokey to remoue a Mountaine as to preuaile against him the said Smith 18. That after foure yeares toyle and suite in the Starchamber that cause there depending by Crokeyes great trauaile and cost was heard and Crokey and the rest of the Defendants were absolutely m Order dismissed with good costs but when the costs should haue beene taxed Smith so practiced and wrought as that Crokey could not get them to be taxed but was inforced diuers times to moue that Court for order therein whereupon in the time of the Lord Chancellor the Lord Mandevile and the 〈◊〉 Lord Keeper Crokey obteyned diuers Orders in open Court for the Costs n Seuerall Orders to be taxed with increase of Costs for Smiths delayes which costs were drawne vp to o Bills of Costs 297. pound and notwithstanding the said Dismission and Orders Crokey could not obteine Costs to be taxed whereupon Crokey in May 1623. Petitioned the 〈◊〉 Lord Keeper therein but so farre was his Lordship abused by the false suggestions and practices of Smith and so much incensed against Crokey that his Lordships Answere p Crokeyes Petition and the Lord Keepers Answere thereto to that Petition was and so subscribed it that Crokey deserued to haue his eares cropt off for abusing him in that his Lordship neuer refused to taxe Costes at the end of euery Terme And yet Grasvenor Crokeyes Attourney did q Affidauit affirme that hee often had presented the Bill of Costes to his Lordship to bee taxed and that hee was neuer more wearied then with vrging his Lordship therein and for that his Lordship had denyed to doe it hee durst not moue the same againe But shortly after vpon vntrue suggestions by one Master Trotman of Smithes Councell and by Smithes practices together and without the priuitie of Crokey or his Councell or Attourney Smith obtained r Order Order for remitting all the said Costs which Order Crokey could not get to be reuersed 19. That the said Starchamber cause being dismissed Crokey laboured very earnestly many Termes for a Tryall vpon the said Lease of eiectment according to the said Rules in Court and to his great trouble and charge brought vp his Witnesses some of whom dwelling one hundred miles from London and divers Termes fee'd his Councell and ſ Copy of the Panell and Distringas 48. Iurors were summoned before a Iury did appeare And so after foure yeares delay and more the said cause was tryed at the Common Pleas Barre viz. Termino Pase Anno 18. Regniregis Iacobi And vpon the sayd Tryall it was found for Thomas Bodham Crokeyes Lessee in the eiectment as is more at large related in the 28 29. 30. and how Crokey was delayed in the Iudgement and altogether defeated 20. That depending the said suites and Crokey hauing fully informed himselfe of the estate of the Schoole and of Smithes practises for supplanting thereof and getting all the said Schoole lands Crokey to restore the said Schoole and to reduce all things into their former being according to the said foundation Anno 1617. obtained a Commission to inquire of the whole matter concerning the said Schoole and the lands thereto anciently belonging according to the said Statute of Charitable vses And for execution of the said Commission Crokey t The Commissioners Warrants procured a day to bee appointed and prouided his Witnesses and all matters incident thereto and also got a u Witnesses Iurie to appeare but all was defeated by the practices and power of Smith and a second time in like manner Whereupon Crokey peticioned to his late Maiestie and his Maiestie being gratiously inclined to the furtherance of the charitable and good course of the Lawe and Statute in that case prouided was pleased according to his Maiesties Commission vnder the great Seale of England before granted that the Bishop of Glocester and any 4. of the Commissioners in that Commission named should with conuenient speed enter into the examination of this cause and according to the authority giuen to them in the same Commission finally determine and effect the same so as there should be no cause giuen of any further trouble to his Maiestie as by his Maiesties * Petition and Direction direction signified by Sir Daniel Dun 5. September 1617. may appeare which said Commission and that his Maiesties direction notwithstanding by like practices of Smith was interrupted and defeated a third time and so Crokey lost that Commission and all his labour and charge and nothing done therein And in the yeare 1618. Crokey procured a x Warrant Warrant for a second Commission from the Lord Chancellor for the same purpose which y Commission Commission being ingrossed in the Crowne office and ready for the Seale Crokey hauing then paid the charge thereof was by like practices of Smith there kept from Crokey for 2 moneths and more And whilst the said Commission was so stayed in the Crown office Smith z Witnesses practiced with one Iohn Hunt to alter the Commissioners names contrary to the Warrant deliuered in by Crokey and so that Commission was ingrossed of new and some of the Commissioners names in the Warrant were left out in the Commission a Commission vnder the great Seale and others of Smiths friends put in howbeit Crokey took that Commission as it was and laboured for the execution thereof and a day b Warrant for day of Sitting Witnesses was appointed and Crokey with Iurors and Witnesses and all things else ready on his part to haue beene