Warrens Court belonging of right to Crokey and such Leases as Smith hath 〈◊〉 made As for the Lease of 99. yeares supposed to be bought by Smith of the Duports that Lease is fraudulent and so alwayes hath beene found 6. That vpon the Information Answeres Commission Certificate and Suruey and by an Order made by his Lordship 12. December in the said 20. yeare of his late Maiesties reign for vsing of depositions formerly taken betweene Smith and Crokey in Chancery the cause was heard and at large debated by his Maiesties Attourney Generall in behalfe of the Schoole Sergeant Crew Sir Iohn Walter Master Finch Recorder and 6. others for Smith and Sergeant Richardson Sir Laurence Hide and Master Farewell for Crokey And vpon the opening of the Information Answers reading of the Certificate and Suruey and vpon the long debating and deliberate hearing of the cause and all the circumstances thereof the truth of the cause appeared to be 6. This order as also the order therein mentioned of the 17. of Iuly and the Certificate in that order of the 17. of Iuly mentioned were made as it seemeth to Crokey to no other intent but to bring in Crokey and to make him liable to that suite brought into Chancery vpon the said Information for Crokeys owne particular cause touching Warrens Court At which time Smith was imprisoned for not yeelding to Crokey possession according to the said Rules in Court But there was then no debating or deliberate hearing of the cause nor was the cause otherwise heard then the opening of the Information Answeres and reading of the Certificate and Suruey according to the Commission awarded vpon the Information howsoeuer the words of the Decree doe make shew of 7. That in 8. Ricardi 2. Katherine Lady Berkley Widdow did obtaine of the said King and of Thomas Lord Berkley then Lord of the fee Licence for founding the Schoole to consist of a Master and two poore Schollers Collegiatly to liue together and to haue a perpetuall succession And for indowing the Schoole with the said Lands 2. Feoffees were trusted by the Lady for purchasing the said Lands to hold according to certaine ordinances by them to be made and that accordingly the Schoole was founded and the Lands assured by the Feoffees to the Master and Schollers and their Successors for euer to be holden according to the said Ordinances And that the Schoole and possessions thereof were imployed according to the said foundation and institution vntill the 37. yeare of K. Hen. 8. 7. Crokey with this doth agree in all sauing that there were no ordinances made but long before the foundation To which Ordinances the foundation hath no relation nor were there any Ordinances to bee made by the foundation sauing the Habendum therein which onely declared the estate as by the Certificate and Decree vpon the Commission for charitable vses expressed and before related in the 37. Section Nor was the foundation or institution discontinued vntill Smith began his practices to supplant the Schoole And Cold well was lawfully presented and made Master of the Schoole and the Lease by him granted of Warrens Court was good in law there hauing beene 33. seuerall Suites in Affirmation of the same 8 That on the 18. of May in the said 37. yeare Robert Coldwell then Schoolemaster of the said Schoole did demise Warrens Court vnto William Thomas his Executors and Assignes from Lady day then last past for 88. yeares for the yearely Rent of 48. shillings and to the chiefe Lord 12. shillings per annum And that the said Lease was by the last will of William Thomas annum 3. 4. Pâ—â—â—â— Maria bequeathed to Alice his wife for her life and after her decease to his Daughter Grace for her life and after to remaine to Richard William Katherine Ioice Elizabeth and Mary children of the said Alice by one Iohn Moore her former husband and made Alice his Executrix and dyed 8 Crokey confesseth all this to bee true 9 That afterwards Alice intermarried with one Reignold Aphowell and that Reignold and Alice anno 5. Elilizab did demise the premises to the said Richard Moore for 21. yeares and that after in the 13. yeare of Q. Elizab. Reignold did grant the remainder and Rent and all his estate in Warrens Court to Iohn Sprint then husband of Ioyce And afterwards in the said 13. yeare of Q. Elizab. dyed that Iohn Sprint in the same yeare did grant all his tytle to Alice and that Alice anno 21. Eliz. did grant all her estate to Grace and Grace being possessed anno 39. Eliz. did intermarry with Smith and dyed And in this manner Smith made his tytle to Warrens Court and affirmed that hee had diuers Verdicts and Nonsuites at the Common Law and one Decree and three Dismissions in Chancery for confirmation of his said tytle 9. Whilest Grace Smiths first wife liued Smith claimed no further or longer interest in Warrens Court then for her life And as for Sprints tytle it is but a meere suggestion and foysted into this Decree which Smith could neuer proue Nor did Smith in this suite vpon the Information being a part of the ground of this Decree once endeuour or offer to proue any such tytle Nor did Smith ever speake of that tytle of Sprints vntill all the rest of his tytles for the inheritance of all the Schoole lands fayled him vpon which his tytles of inheritance to all he stood so long as possibly hee might and vntill he perceiued all his practices for maintenance thereof were discouered by Crokey as may appeare by that before related Sect. 17. And by the Certificate and Decree vpon the Commission for charitable vses Sect. 37. numero 1. 2. Besides it appeareth by the seuerall Answeres of Alice and Grace in Chancery Anno 26. Eliz to the Bill of all the other Legatees that they made no further or other claime then for their seuerall liues formerly related Sect. 6. 7. 8. Nor hath there euer any Verdict Nonsuite Decree or dismission passed in affirmation of any tytle controuerted betweene Smith Crokey 10. That Crokey made his tytle to Warrens Court by a Deede from Ioice being Suruiuour of the 6. Legatees by a Deed dated anno 11. Regni regis Iacobi and did affirme that hee had a Verdict for his tytle 10. Crokey doth affirme this to bee the true and only tytle for which he hath had a final Tryall Verdict and Iudgement vpon a deliberate hearing as is at large before related Sect. 16. and 32. for which Smith hath beene twice committed to the Fleet for not yeelding possession to Crokey 11. That it did appeare to the Court that anno 34. Eliz. Iohn Duport being Schoolemaster did demise Warrens Court and other the Schoole lands except one Chamber and the Schoole-house vnto his brother Iames Duport for 99. yeares for 40. shillings per annum And that Iames Duport anno 2. Iacobi for 100. pound fine did make a Lease to Smith of Warrens
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
done but by the like practices of Smith there did come to the place assigned for execution of the said Commission but three c Certificate of the Commission Commisioners of 7. that had signed the Warrants when no lesse then foure could execute it whereby that Commission was also avoided and all Crokeyes labours and charges lost 21. That in the meane time the Commission was so kept back Smith practiced with Sir Iohn Pointz Knight and one Henry Minors to take a Commission forth of the Exchequer whereby to finde the possessions of the said Schoole to be d Witnesses concealed as Chantry lands giuen to superstitious vse and within the Statute 1. Edward 6. wherein Smith so handled the matter as that Sir Iohn Pointz and Minors did take such a Commission forth of the Exchequer and being Patentees e Bond from Sir Iohn Pointz and minors to Crokey were also therein made Commissioners 22 That the said Sir Iohn Pointz and Minors about August Anno 1618. went to Tidbury in the said County of Glocester for execution of their said Commission where hauing a Iurie f Witnesses of simple men some whereof being of Smiths kindred yet that notwithstanding they would not proceed at that time because Crokey was there ready with all things for defence of the Schoole and possessions thereof and amongst other things with a Case g Cas drawne and resolued on◠by Sir Henry Yelverton and Sir Thomas Couentry his late Maiesties Councell at Law vnder their hands affirming that the said Schoole and possessions were free from superstitious vses and no way within the said Statute of 1. Edward 6. whereupon Sir Iohn Pointz soone after laboured Crokey very earnestly for a composition which Crokey vtterly refused and soone after that Sir Iohn Pointz and Minors met againe vpon their said Commission at Wickware in the said County of Glocester viz. the 13. of h Witnesses and Warrant from Sir Iohn Pointz and Minors October 1618. At which time Crokey likewise attended but before they sate both Sir Iohn Pointz and Minors earnestly pressed Crokey to a composition which Crokey againe vtterly refused as before whereupon they proceeded with a like simple Iurie as they best pleased notwithstanding Crokey stood in i Witnesses defence of the Schoole in all he might and so it was found that the said Schoole and lands thereto belonging were giuen to superstitious vses and within the Statute of 1. Edw 6. and yet the said Sir Iohn Pointz and Minors laboured againe at that time with Crokey for a Composition and offered their k Bond. Bond of 2000. pound to Crokey with condition for the assuring of Warrens Court to Crokey and his heires in Fee farme and to set him in possession thereof And albeit Crokey well did know that all their offers were but to intrap and to draw him from defending the Schoole and that by Smiths plot and practice yet Crokey also perceiuing that they profered him some aduantage whereby they might afterwards intrap themselues was content to take such a Bond so as he might haue the drawing of the Bond and Condition which they assented gladly vnto and so Crokey did cause the Bond and Condition to be drawne wherein he caused Sir Iohn Pointz and Minors to bee mentioned both Patentees and Commissioners which was all that thereby Crokey l Witnesse Master Hart. sought to the end the practices by them and Smith might the better appeare Crokey then knowing no other or better way for discouery of their said practices neither did Crokey so much as promise much lesse assure to them any thing at all but forthwith shewed to the Lords grace of Canterbury the said Bond and fully acquainted his Grace therewith and of all their other practices against the Schoole as formerly he had done 23. That thereupon his Grace sent his Soliciter m Witnesse Master Hart. Mr. Hart with Crokey to the Lord chiefe Baron of the Exchequer for trauersing of the said vndue proceedings reuersing of the said Inquisition and according to the Lord cheefe Barons direction Crokey moued that Court of Exchequer by his Councell whereupon a day was giuen to Sir Iohn Pointz and Minors to come in for maintaining their said Inquisition which they refusing to doe the said Inquisition and Commission by an expresse n Order order in that Court were suppressed and made voide 24. That Smith to manifest his craft in dawbing did then also moue the Court of Exchequer by his Councell for making voide the said Inquisition and Commission whereupon in the said o Order Order the name of Smithes Councell was foisted in stead of Crokeys Councell as if Smith had beene the chiefe and onely opposor and not the procurer of the said last mentioned Commission and Inquisition whereby Smith did not onely delude the said Court of Exchequer but the Country also for when he perceiued that Plot with Pointz and Minors would not take then Smith began to make a shew of a pious intent to make and erect a new foundation of that Schoole but yet in his owne name and for his owne glory whereby to outface and blindfold the world that his former practices for supplanting thereof might not be seene And to that purpose indowed the Schoole with p Confessed in Smiths Decree in Chancery Sect. 41. num ibid. 13. 12. pound Rent per annū out of her possessions of 300. pound per annum all being in the hand of him and his Lessees And for divulging of that dissembled pietie and bounty therein ordeyned 25. Feoffees for establishing of that his new false foundation of the Schoole and possessions wherein hee had not nor hath any interest lawfull at all 25. That Smith knowing his owne guiltinesse doubted that one Prichard then as Master of that Schoole placed there by Smith did incline to the assistance of Crokey for righting the Schoole And in that doubt Smith set q Witnesses vpon Prichard with diuers high and threatening speaches and warned Prichard that at a certaine day by Smith peremptorily prefixed Prichard should depart from the Schoole as a professed maintainer thereof against Smith or else that Prichard must expect to be by Smith thrown out by violence insomuch that vpon Prichards slighting of Smiths threatenings Smith in outragious violent manner being accompanied with some 20 r Witnesses men came to the Schoole and threatened to vntyle the Schoole-house and to throw Prichard out if hee would not presently depart and by those meanes and by frighting Prichards wife being then in childe-bed Prichard was inforced to leaue the Schoole to Smith and so vpon composition left it 26. That Crokey moued the Lord Chancellor for a third Commission vpon the said Certificate from three of the Commissioners in the said second Commission which notwithstanding and though Crokey had obtained diuers Commissions before yet upon Smithes vntrue suggestions and like practices it was so ordered the ſ Order 16. of
Iune Anno 17. Regni regis Iacobi that thereby Crokey was not onely debarred for obtaining any further Commission in behalfe of the Schoole but also thereby disgraced and all his proceedings therein as much as might be and Crokey being so stopped and preiudiced petitioned his Maiestie to referre the finall hearing and determining the cause for the Schoole to the Lord Archbishop of Canterbury the Lords Bishops of London and Winton and to the Lord Hobart or to any 3. or 2. of them whereupon his Maiestie was gratiously pleased that the said Lords should take the contents of the said Petition into their speciall consideration and after hearing examining all particulars incident thereunto should make report in writing vnto his Maiestie what they should finde fitting to be done aswell for awarding such a Commission as was petitioned for as for the certefying and determining the whole cause according to Iustice and good conscience as by the said Petition and t Petition and Reference Reference signified by Secretary Naunton of the 24. of Iune 1619. appeareth which Reference Crokey diligently prosecuted but Smith would not by any meanes appeare before the Committees assigned by that Reference vntill Crokey had procured foure seuerall u The Warrants Warrants Smith well knowing that Crokey had brought vp to London many * Witnesses Witnesses some of whom 100. miles distant from thence to his great trouble and charge and that Crokey had them in a readinesse the first day appointed by the said committees and had feed his Councell diuers times therein for the better information of their Lordships in the behalfe of the Schoole 27. That vpon the fourth Warrant Smith appeared and the cause vpon the said Reference came to be heard before the Lord Archbishop and the other 2. Lords Bishops vpon opening the cause arguments and proofes before their Lordships made by the Councell on both sides their Lordships x Certificate certified his late Maiestie of the powerfulnes indirect practices of Smith for getting the inheritance of all the Schoole lands worth 300. pound per annum for 5. pound y Certificate In which Certificate their Lordships held fit that Crokey should petition the Lord Chanceilor for a third Commission to settle the said Schoole in her ancient estate Crokey accordingly Petitioned and therevpon obtained an Order z Order in Chancery of the 21. of Ferbruary Anno 〈◊〉 Regni regis Iacobi that a Commission should be awarded to the Bishops of Glocester and Bristoll and others Whereupon Crokey laboured for another Commission according to the said Order but could nor prauaile vntill he complained to the Parliament which was about 16. moneths after the said Order and then he obtained another a Order in Parliament CoÌ„mission which was duly executed as more particularly appeareth in the 37. Section of this Relation 28. That Crokeyes Tryall vpon the said Lease of Eiectment by Smithes indirect dealing was delayed 4. yeares and b Copy of the Verdict and Iudgement more but after that delay it was tryed at the Common pleas Barre viz. in Easter Terme Anno 18. Regni regis Iacobi though Smith earnestly laboured by himselfe and others to haue auoyded that Tryall and Smith then laboured to seduce the said Bodham Crokeyes Lessee to c Witnesses release vpon which Tryall the matter was so strongly defended by Smithes Councell that the Tryall continued from 9. in the morning to 1. in the afternoone which was by reason Smith and his Councell stood so mainely and so confidently vpon his said seuerall bad tytles and practices 29. That at that Tryall the Lord Hobart and the rest of the Iudges of that Court vsed all good and iust endeuours for discouering of the truth whereby Smithes bad tytles so strongly vrged and insisted vpon were confuted which Smith perceiuing and that the Tryall must needs passe against him and thereby all his practices come to light and bee brought to naught to his vtter disgrace and infamy Smith cryed d Witnesses out with a lowd voyce in most earnest and pittifull manner to the Iudges that he was vndone if they would not haue compassion on him and withall besought them in all he might to draw Crokey to some composition or to referre the cause to them Whereupon the Iudges in compassion of Smith earnestly moued Crokey to referre the matter to them but Crokey refused so to doe telling the Iudges that the cause concerned the Schoole more than himselfe and for which he had vndertaken and was ingaged both in his duty to God for the common good and by his profession to his late Maiestie the Archbishop of Canterbury and others And these motions by Smith to the Iudges and the Iudges to Crokey were betweene the time of the Iuries going from the Barre and giuing vp their verdict which was not giuen vp vntill the next morning and then it passed for e Copy of the Verdict and Iudgement Crokeyes said Lessee 30. That a day or two after the virdict Crokey by his Councell moued the Court for Iudgement and possession according to the aforesaid verdict and Rules made by the assent of Smith and his Councell as aforesaid which Rules and verdict notwithstanding and notwithstanding also the 4. yeares delay and more of that Tryall by Smithes meanes and the Statutes of Ieofaile made 32. H. 8. C. 30. 2. Edw 6. C. 32. 18. Eliz. C. 13. by which as Crokey conceiued Smith was debarred from vsing any further delay after the Verdict yet Smith still pâ—â—secuting his importunity 〈…〉 to the Iudges and vpon his false suggestions to them was permitted to speake in arest of Iudgement whereby Crokey was delayed both the Easter and Trinity Termes next after the Verdict and the said Lease of Eiectment which was for 5. yeares being then well-nigh expired Crokey in the latter end of August then next following f Copy of the Petition and direction Peticioned his Maiestie for his Maiesties direction to the Iudges in that behalfe whereupon his Maiestie was pleased to signifie his pleasure by Sir Iohn Sucklyn then Master of Requests 3. Sept. 1620. which was that the Lord Hobart and the rest of his Maiesties Iudges of the Common pleas should cause the said Rules of the said Court so made in open Court by consent of both parties to be performed according to the true intent and meaning of the same In regard the Lease for tryall of the tytle in the premises made to the said Bodham was that moneth of September to expire Which directions from his Maiestie Crokey presented to the Lord Hobart before the expiration of the said Lease for the eiectment which Directions notwithstanding notwithstanding also the said Rules and the Statutes of Ieofaile 4. yeares delay before the said Tryall Crokey could not obtaine Iudgement vntill the said Lease for Tryall of the Tytle was expired and then Iudgement was awarded But the said Lease being by the said
the 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
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