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
,
2.
King
Richard
the
2.
granted
licence
of
the
16.
of
Iune
,
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
,
and
two
poore
Schollers
,
and
their
successors
for
euer
.
3.
Thomas
Lord
Berkley
,
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.
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
.
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
](A19613-e12830-b)
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
](A19613-e12870-b)
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
](A19613-e12950-b)
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
](A19613-e13070-b)
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
](A19613-e13120-b)
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
](A19613-e13160-b)
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
](A19613-e13240-b)
g
Order
.
obtaine
the
said
Lease
out
of
Chancery
vnduly
,
and
the
same
deteyned
in
contempt
of
the
[
h
](A19613-e13250-b)
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
](A19613-e13300-b)
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
](A19613-e13410-b)
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
](A19613-e13490-b)
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
](A19613-e13660-b)
m
Copy
of
Smiths
said
Answer
in
the
Exchequer
,
and
of
the
Bill
.
entred
[
n
](A19613-e13680-b)
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
](A19613-e13710-b)
o
Witnesses
.
and
shortly
after
Smith
[
p
](A19613-e13730-b)
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
](A19613-e13770-b)
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
](A19613-e13800-b)
r
Assignement
from
●oice
to
Crokey
and
●●●●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
[
s
](A19613-e13870-b)
s
Letters
of
Admi●●●●●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
](A19613-e14020-b)
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
](A19613-e14110-b)
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
](A19613-e14300-b)
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
](A19613-e14350-b)
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
](A19613-e14490-b)
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
](A19613-e14510-b)
z
Order
.
dismission
to
the
Law
without
any
further
hearing
.
16.
That
vpon
the
said
Dismission
in
Chancery
,
Crokey
sealed
a
[
a
](A19613-e14540-b)
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
](A19613-e14610-b)
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
](A19613-e14700-b)
c
Order
of
Dismission
.
dismissed
in
Iuly
,
Anno
15.
Regni
regis
Iacobi
:
And
also
another
suite
by
English
[
d
](A19613-e14740-b)
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
](A19613-e14830-b)
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
](A19613-e14860-b)
f
Order
.
Commission
for
examination
of
witnesses
,
and
s●●●●●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
](A19613-e14910-b)
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
was
to
pay
xi
.
s.
Rent
per
annum
,
by
which
tytles
Smith
meant
to
hold
the
Schoole
lands
as
he
holdeth
other
[
h
](A19613-e14950-b)
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
](A19613-e15030-b)
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
](A19613-e15070-b)
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
](A19613-e15110-b)
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
](A19613-e15180-b)
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
](A19613-e15230-b)
n
Seuerall
Orders
.
to
be
taxed
,
with
increase
of
Costs
for
Smiths
delayes
:
which
costs
were
drawne
vp
to
[
o
](A19613-e15250-b)
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
](A19613-e15300-b)
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
](A19613-e15340-b)
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
](A19613-e15400-b)
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
](A19613-e15450-b)
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
](A19613-e15560-b)
t
The
Commissioners
Warrants
.
procured
a
day
to
bee
appointed
,
and
prouided
his
Witnesses
and
all
matters
incident
thereto
,
and
also
got
a
[
u
](A19613-e15570-b)
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
[
*
](A19613-e15610-b)
*
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
](A19613-e15660-b)
x
Warrant
.
Warrant
for
a
second
Commission
from
the
Lord
Chancellor
for
the
same
purpose
;
which
[
y
](A19613-e15670-b)
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
](A19613-e15720-b)
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
](A19613-e15750-b)
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
](A19613-e15780-b)
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
done
,
but
by
the
like
practices
of
Smith
there
did
come
to
the
place
assigned
for
execution
of
the
said
Commission
but
three
[
c
](A19613-e15810-b)
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
](A19613-e15870-b)
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
](A19613-e15920-b)
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
](A19613-e16010-b)
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
](A19613-e16040-b)
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
](A19613-e16150-b)
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
](A19613-e16240-b)
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
](A19613-e16290-b)
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
](A19613-e16400-b)
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
](A19613-e16470-b)
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
](A19613-e16550-b)
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
](A19613-e16580-b)
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
](A19613-e16660-b)
p
Confessed
in
Smiths
Decree
in
Chancery
,
Sect.
41.
num.
ibid.
13.
12.
pound
Rent
per
annum
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
](A19613-e16770-b)
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
](A19613-e16880-b)
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
](A19613-e16970-b)
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
](A19613-e17060-b)
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
](A19613-e17110-b)
u
The
Warrants
.
Warrants
,
Smith
well
knowing
that
Crokey
had
brought
vp
to
London
many
[
*
](A19613-e17150-b)
*
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
](A19613-e17190-b)
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
](A19613-e17220-b)
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
](A19613-e17250-b)
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
](A19613-e17280-b)
a
Order
in
Parliament
.
Commission
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
](A19613-e17320-b)
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
](A19613-e17390-b)
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
](A19613-e17470-b)
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
](A19613-e17550-b)
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
p●●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
](A19613-e17710-b)
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
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
](A19613-e17800-b)
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
](A19613-e17850-b)
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
](A19613-e17900-b)
i
Copy
of
the
Petition
and
Reference
.
As
also
Crokeys
Answere
thereunto
next
follow
,
viz.
|
NVM
.
|
PETITION
.
|
ANSWERE
.
|
|
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
pr●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
](A19613-e18860-b)
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
](A19613-e18990-b)
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
](A19613-e19040-b)
m
Order
.
between
Smith
and
Crokey
to
take
away
or
peruert
the
possessions
of
the
said
Schoole
,
and
to
supplant
the
same
.
To
which
Information
Crokey
answered
,
[
n
](A19613-e19080-b)
n
Crokeys
Answer
.
and
thereby
cleared
himselfe
of
that
suggestion
,
vtterly
disclayming
all
other
interest
in
or
to
the
Schoole
or
Lands
otherwise
then
by
his
said
right
to
Warrens
Court
,
and
his
zeale
for
preseruation
of
the
said
Schoole
and
possessions
thereto
belonging
,
and
withall
by
his
said
Answer
charged
Smith
with
his
seuerall
practices
against
the
Schoole
,
and
thereby
also
shewed
in
how
many
cases
he
had
defended
the
said
Schoole
against
Smith
and
others
,
that
had
gone
about
to
supplant
it
.
But
Smith
by
his
[
o
](A19613-e19140-b)
o
Smithes
Answer
.
Answer
to
the
said
Information
set
forth
all
his
bad
tytles
herein
before
mentioned
,
and
thereto
added
many
vntrue
suggestions
,
howbeit
vpon
the
said
Information
〈◊〉
an
[
p
](A19613-e19160-b)
p
Order
Iniunction
.
Iniunction
against
Crokey
,
and
thereby
stopped
all
Crokeys
proceedings
in
Law
or
Chancery
in
behalfe
of
the
Schoole
,
or
in
his
owne
behalfe
euer
since
against
Smith
,
which
Iniunction
Smith
himselfe
serued
upon
Crokey
,
and
which
Crokey
obeying
,
Crokey
forbore
any
further
proceeding
in
Law
,
or
Chancery
in
that
behalfe
;
and
by
that
meanes
all
Crokeys
endeuours
which
he
had
so
faithfully
,
and
zealously
followed
in
behalfe
of
the
Schoole
were
vtterly
defeated
,
contrary
to
his
Maiesties
said
directions
,
and
contrary
to
the
Honourable
and
Charitable
endeuours
of
the
said
Lord
Archbishop
,
the
Lord
Chancellour
,
and
of
the
Lords
Bishops
of
London
and
Winton
.
34.
That
vpon
the
motion
[
q
](A19613-e19280-b)
q
Confessed
Smiths
Decree
in
Chancery
.
Lord
Hobarts
Warrant
.
of
Master
Attorney
Generall
(
according
to
the
direction
of
the
Lord
Hobart
)
the
Lord
Chancellour
awarded
a
Commission
vpon
the
Statute
of
Charitable
vses
,
leauing
the
nomination
of
the
Commissioners
to
the
Lord
Hobart
,
36.
That
neuerthelesse
Crokey
presented
a
Bill
[
r
](A19613-e19420-b)
r
Bill
in
Parliament
.
in
that
Parliament
against
Smith
on
behalfe
of
the
Schoole
,
and
thereupon
obtained
an
[
s
](A19613-e19440-b)
s
Order
in
Parliament
.
order
of
Parliament
for
another
Commission
vpon
the
Statute
of
charitable
(
vses
so
long
before
sought
for
by
Crokey
)
to
inquire
according
to
the
Statute
of
Charitable
vses
,
and
withall
ordered
that
the
Lords
Bishops
of
Worcester
and
Glocester
and
Bristoll
,
and
their
Chancellours
,
and
others
should
bee
Commissioners
.
Augustine
Haruy
50.
pound
,
for
which
Haruy
had
Crokeyes
Bond
of
100.
pound
,
Crokey
was
arrested
vpon
that
Bond
,
and
detained
,
and
when
Crokey
offered
to
[
t
](A19613-e19550-b)
t
Witnesses
.
satisfie
the
debt
Haruy
had
made
ouer
that
Bond
to
one
Ashman
,
&
Haruy
,
and
Ashman
[
u
](A19613-e19600-b)
u
Order
declaring
the
same
.
together
,
had
made
ouer
the
same
to
one
Fisher
,
and
so
Crokey
could
not
know
with
whom
to
deale
,
which
intricasie
(
as
it
seemeth
,
and
as
Crokey
is
verily
perswaded
)
came
by
the
meanes
of
Smith
,
or
some
of
his
Agents
and
confederates
,
for
that
Smith
had
before
by
himselfe
and
others
his
confederates
dealt
with
others
of
Crokeys
Creditors
to
buy
[
*
](A19613-e19670-b)
*
Witnesses
.
Crokeys
debts
,
and
Crokey
is
the
rather
so
perswaded
,
for
that
at
the
time
Crokey
was
so
arrested
,
one
Bird
(
whom
Smith
hath
long
vsed
and
imployed
in
his
affaires
)
and
one
Archer
a
seruant
of
Smithes
were
at
that
his
arrest
,
and
for
that
also
Smith
hath
beene
very
inquisitiue
to
know
what
matters
were
against
Crokey
in
the
Kings
Bench
,
and
for
that
also
Crokey
hath
since
endeuoured
by
all
meanes
to
giue
satisfaction
whereby
to
release
himselfe
but
cannot
,
Haruy
,
Crokey
commensed
a
suite
in
Chancery
against
Haruy
and
Ashman
in
point
of
equity
,
&
there
Crokey
hauing
obtained
an
[
x
](A19613-e19840-b)
x
An
Iniunction
vnder
Seale
.
Iniunction
to
stay
the
said
suit
at
Law
,
Haruy
&
the
rest
without
any
notice
to
Crokey
,
or
any
for
him
by
vntrue
suggestions
obtained
a
[
y
](A19613-e19870-b)
y
Affedauit
.
Report
,
and
so
the
cause
was
dismissed
and
that
Iniunction
was
dissolued
,
and
which
was
at
the
very
time
when
Haruy
or
Ashman
should
haue
shewed
cause
,
why
they
should
not
haue
accepted
the
50.
pound
[
z
](A19613-e19900-b)
z
Order
.
principall
.
Whereupon
Crokey
vpon
his
Petition
obtained
a
[
a
](A19613-e19920-b)
a
Petition
Reference
.
Reference
from
his
Maiestie
anno
1620.
to
Sir
Edm
:
Boyer
,
and
Sir
George
Paul
Knights
to
mediate
,
but
Haruie
though
[
b
](A19613-e19970-b)
b
Affedauit
.
serued
with
their
Warrant
would
not
appeare
;
Vpon
that
Crokey
obtained
an
[
c
](A19613-e19990-b)
c
Iniunction
vnder
Seale
.
Iniunction
in
the
Court
of
Requests
for
stay
of
Haruies
proceedings
at
Law
which
Haruy
also
contemned
and
proceeded
to
a
Iudgement
,
Crokey
vpon
that
obtained
a
[
d
](A19613-e20030-b)
d
Protection
.
Protection
of
the
Parliament
;
At
which
time
Crokey
going
on
in
the
execution
of
the
said
Commission
so
awarded
by
order
in
Parliament
was
notwithstanding
his
said
Protection
taken
[
e
](A19613-e20050-b)
e
Witnesses
.
in
Execution
when
the
Iudges
were
gone
their
Circuit
,
and
the
Parliament
proroged
.
And
the
said
debt
being
so
made
ouer
,
Crokey
was
so
intangled
,
as
that
when
Crokey
and
his
friends
tendered
the
whole
hundred
pounds
,
and
7.
pound
more
for
costs
for
his
release
of
imprisonment
,
no
other
matter
being
against
him
no
penny
would
be
accepted
,
and
so
Crokey
lay
fiue
moneths
in
Prison
vntill
the
Parliament
sate
againe
,
and
then
Petitioning
to
[
f
](A19613-e20090-b)
f
Petition
to
the
Parliament
and
discharge
.
the
Parliament
,
was
released
.
And
all
this
trouble
came
vpon
Crokey
when
he
was
to
haue
followed
that
Commission
so
awarded
by
order
in
Parliament
and
by
Smithes
meanes
,
as
Crokey
is
verily
perswaded
for
the
reasons
aforesaid
;
yet
did
not
Crokey
neglect
that
Commission
,
but
to
his
great
[
g
](A19613-e20140-b)
g
Witnesses
.
charge
of
threescore
pounds
and
vpward
imployed
others
therein
;
And
so
the
said
Commission
was
executed
at
Glocester
by
the
said
Bishops
and
others
,
and
an
Inquisition
was
found
19.
Regni
regis
Iacobi
by
the
oathes
of
17.
Iurors
all
substantiall
and
men
of
good
estates
of
the
County
of
Glocester
.
Whereupon
the
said
Commissioners
returned
the
said
Commission
and
[
h
](A19613-e20160-b)
h
Copies
of
the
Commission
,
Inquisition
,
Certificate
and
Decree
.
Inquisition
,
together
with
their
Decree
and
Certificate
thereupon
,
the
same
being
Dated
19.
September
Anno
Regni
regis
Iacobi
19.
which
said
Certificate
and
Decree
was
to
the
effect
following
,
viz.
That
there
appeared
before
them
aswell
the
said
Iurors
,
as
also
diuers
Tenants
of
the
said
Schoole
lands
and
diuers
Witnesses
to
testifie
on
either
side
:
As
also
Crokey
the
prosecutor
on
behalfe
of
the
said
Schoole
by
his
Councell
on
the
one
part
:
And
the
said
Smith
claiming
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
](A19613-e20890-b)
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
](A19613-e20940-b)
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
](A19613-e21000-b)
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
[
m
](A19613-e21050-b)
m
Order
.
another
Commission
vpon
that
Information
which
was
exhibited
by
Master
Attourney
Generall
two
yeares
before
not
prosecuted
,
by
reason
the
same
cause
was
exhibited
by
Crokey
in
a
Bill
to
the
Parliament
,
where
the
same
was
[
n
](A19613-e21070-b)
n
Order
in
Parliament
.
ordered
and
proceeded
vpon
,
as
before
is
said
,
Sect.
36.
Which
proceeding
last
spoken
of
in
Chancery
,
quite
tooke
away
all
Crokeys
prosecution
for
the
Schoole
a
second
time
.
And
in
which
Commission
diuers
of
Smiths
[
o
](A19613-e21100-b)
o
Witnesses
.
friends
were
made
Commissioners
,
some
of
whom
had
declared
themselues
open
opposors
of
the
Schoole
,
and
Crokey
by
their
demenour
against
the
due
execution
of
former
Commissions
sued
out
by
Crokey
in
the
behalfe
of
the
Schoole
,
which
Commissioners
Crokey
much
[
p
](A19613-e21140-b)
p
Witnesses
,
Petition
,
and
Answer
.
laboured
both
by
Petition
and
motion
in
Court
to
haue
altered
,
but
could
not
therein
preuaile
.
And
yet
the
Lord
Keeper
at
that
hearing
very
sharply
reproued
Smith
plainely
telling
him
that
he
had
left
no
practice
vnatempted
to
supplant
the
Schoole
as
indeed
is
true
.
39.
That
Smith
(
going
on
with
that
Commission
vpon
the
said
Information
)
practiced
againe
with
Haxuy
,
Ashman
,
and
Fisher
,
or
some
of
them
to
imprison
Crokey
a
second
time
for
the
said
debt
of
50.
pound
,
for
which
Crokey
was
before
discharged
by
Parliament
,
whereupon
Crokey
commenced
another
suite
in
Chancery
against
Haruy
and
Fisher
.
That
cause
was
referred
to
Sir
Iames
Hussey
,
[
q
](A19613-e21260-b)
q
Report
.
who
reported
that
it
was
reasonable
Fisher
should
accept
of
the
principall
,
which
was
50.
pound
.
which
Fisher
refused
,
whereupon
Crokey
obtained
a
Warrant
from
the
late
Lord
chiefe
Iustice
and
others
his
Maiesties
Commissioners
appointed
to
heare
the
causes
of
Prisoners
for
their
reliefe
,
directed
to
the
said
Haruy
and
Fisher
for
their
appearauce
before
the
said
Commissioners
for
Prisoners
;
But
the
said
Haruy
vpon
the
first
summons
appeared
not
,
nor
did
Haruy
appeare
at
all
,
but
vpon
the
second
summons
Fisher
appeared
.
And
the
cause
being
heard
[
r
](A19613-e21350-b)
r
Certificate
of
the
Commissioners
,
and
their
opinions
.
Fisher
would
not
conforme
himselfe
to
any
order
;
Whereupon
the
Commissioners
gaue
him
further
day
,
and
then
appearing
also
,
would
by
no
meanes
or
mediation
conforme
himselfe
,
but
stood
out
in
contempt
of
that
Commission
,
then
affirming
that
he
would
haue
the
extremity
of
the
Law
against
Crokey
,
and
which
the
said
Commissioners
haue
[
r
](A19613-e21380-b)
r
The
same
Certificate
.
certified
,
and
of
their
opinions
therein
.
And
further
,
Fisher
gaue
forth
in
speeches
,
that
he
cared
not
for
his
debt
,
nor
for
the
whole
money
vpon
the
Execution
,
for
hee
would
make
dice
[
s
](A19613-e21400-b)
s
Affedauit
.
of
Crokeys
bones
.
And
therefore
,
and
for
the
reasons
aforesaid
declared
in
the
37.
Section
.
Crokey
is
verily
perswaded
,
that
Smith
had
his
hand
in
all
these
matters
betweene
Crokey
and
Haruy
,
Ashman
and
Fisher
,
Crokey
doth
know
that
one
[
t
](A19613-e21470-b)
t
Not
to
be
denyed
.
Farrer
a
Clerke
in
Chancery
,
was
a
chiefe
Agent
in
this
confederacie
.
40.
That
the
said
[
u
](A19613-e21500-b)
u
Commission
.
Order
.
Commission
so
awarded
vpon
the
said
Information
,
did
beare
Teste
,
24.
Iuly
anno
20.
Regni
regis
Iacobi
,
and
was
grounded
vpon
an
Order
in
Chancery
of
the
23.
of
Nouember
.
Anno
Regni
regis
Iacobi
18.
which
was
before
the
Parliament
.
And
which
Order
was
granted
vpon
his
late
Maiesties
Reference
vpon
Smiths
Petition
,
wherein
were
diuers
vntrue
suggestions
,
as
before
Section
31.
and
which
are
also
there
answered
.
And
that
his
Maiesties
Reference
vpon
so
false
a
petition
,
should
be
so
farre
extended
in
the
behalfe
of
Smith
,
that
sought
to
supplant
the
Schoole
,
and
to
doe
all
wrong
,
and
that
not
onely
his
Maiesties
former
References
,
but
also
his
seuerall
directions
vpon
seuerall
true
Petitions
presented
by
Crokey
in
behalfe
of
the
Schoole
,
and
Crokey
,
before
mentioned
Section
20.
26.
30.
should
be
altogether
neglected
and
slighted
,
as
also
the
directions
by
Parliament
betweene
the
time
of
the
said
Order
,
and
the
time
of
the
hearing
(
whereupon
the
said
Order
of
the
17.
of
Iuly
,
Anno
20.
Regni
regis
Iacobi
,
which
was
some
22.
months
after
)
Crokey
most
humbly
submitteth
himselfe
to
the
consideration
of
his
Maiestie
,
and
this
high
and
Honourable
assembly
.
And
whether
Smith
in
this
businesse
hath
shewed
his
power
,
his
subtilty
,
and
vnconscionable
practices
,
and
consequently
his
abuses
both
to
his
late
Maiestie
,
and
his
Magistrates
and
Iudges
.
For
the
manner
of
the
execution
of
the
last
mentioned
Commission
:
It
was
as
Crokey
before
imagined
it
would
be
,
when
he
laboured
to
haue
had
an
alteration
of
the
Commissioners
names
;
But
as
to
that
Crokey
hath
fully
spoken
in
his
answer
to
the
Decree
,
grounded
vpon
the
said
Information
and
order
of
the
23.
of
Nouember
,
and
vpon
the
said
last
mentioned
Commission
thereupon
,
Sect.
42.
number
4.
41.
That
for
diuers
indirect
practices
and
misdemeanours
done
by
the
said
Smith
and
his
confederates
,
tending
to
the
supplanting
and
ouerthrow
of
the
said
Schoole
,
Crokey
(
being
incouraged
by
the
Archbishop
of
Canterbury
,
who
had
well
informed
himselfe
of
the
cause
on
the
behalfe
of
the
Schoole
)
exhibited
a
Bill
into
the
Starchamber
against
Smith
and
others
,
and
serued
Smith
with
a
Subpena
before
the
Parliament
in
anno
1619.
But
Smith
hauing
attained
the
place
of
a
Burgesse
in
Parliament
as
before
is
said
,
Crokey
was
delayed
for
the
time
of
Parliament
,
and
long
after
(
which
was
about
16.
moneths
)
before
Smith
could
be
brought
to
Answer
;
In
the
end
Smith
answered
.
But
so
it
was
with
Crokey
,
that
by
that
delay
of
Smithes
,
and
Smithes
other
said
practices
together
,
Crokey
was
disabled
and
decayed
in
his
estate
,
and
imprisoned
in
manner
and
by
Smithes
meanes
as
aforesaid
,
Sect.
37.
And
yet
Crokey
(
hauing
a
constant
care
for
restoring
the
said
Schoole
and
possessions
thereof
,
and
being
desirous
to
discouer
the
practices
and
misdemeanours
by
Smith
and
his
confederates
,
opposors
,
and
declared
enemies
thereto
set
forth
by
and
vpon
his
said
Bill
in
the
Starchamber
)
tooke
out
5.
Subpenaes
against
the
other
Defendants
.
Dated
30.
Ianuary
,
Anno
Regni
regis
Iacobi
20.
vpon
which
day
the
cause
vpon
the
said
Information
in
Chancery
came
to
be
heard
the
second
time
before
the
Lord
Keeper
,
Iustice
Chamberlaine
,
and
Iustice
Iohnes
Assistants
.
Whereupon
the
Court
decreed
not
onely
contrary
to
,
and
against
the
said
Commission
so
awarded
by
Parliament
vpon
the
Statute
of
charitable
vses
,
and
against
the
said
Inquisition
,
Certificate
,
and
Decree
,
vpon
the
said
Commission
,
but
also
against
Crokeys
particular
right
.
At
which
hearing
,
Crokey
was
not
admitted
to
produce
any
matter
in
behalfe
〈…〉
of
himselfe
,
but
was
inioyned
to
forbeare
all
further
suites
against
Smith
;
Nor
was
there
any
further
time
spent
vpon
the
said
hearing
,
then
opening
the
said
Information
,
Suruey
,
and
Certificate
vpon
the
said
Commission
so
awarded
vpon
the
said
Information
;
which
Decree
was
in
effect
as
followeth
,
And
whereto
Crokey
hath
particularly
Answered
,
which
he
(
for
your
better
information
in
all
humility
as
becommeth
)
doth
present
to
the
consideration
of
your
Maiestie
and
this
Honourable
assembly
.
1.
That
whereas
the
cause
by
his
Maiestie
was
referred
to
the
Lord
Hobart
,
and
the
other
two
Iudges
of
the
Common
Pleas
,
touching
the
re-establishing
of
the
Schoole
and
possessions
thereof
according
to
the
first
foundation
,
and
to
settle
a
final
end
betweene
Smith
and
Crokey
for
Warrens
Court
betweene
them
controuerted
.
1.
This
is
answered
by
the
said
Commission
awarded
by
order
in
Parliament
,
and
Certificate
,
and
Decree
thereupon
,
and
vpon
the
wauing
and
arguing
all
exceptions
,
Sect.
27.
And
by
the
Rules
made
by
Smithes
assent
,
and
concluding
of
Errors
by
like
assent
,
Sect.
16.
And
by
the
Verdict
and
Iudgement
thereupon
with
Smithes
commitment
for
not
yeelding
possession
to
Crokey
according
to
the
Rules
,
Sect.
32.
and
according
to
Crokeys
right
affirmed
by
Verdicts
,
Nonsuites
,
Decrees
and
Orders
in
33.
seuerall
suites
before
mentioned
,
Sect.
14.
36
,
37.
2.
And
whereas
14
,
Iuly
18.
Regni
regis
Iacobi
,
the
Lord
Hobart
&
other
Iudges
,
did
after
seuerall
hearings
direct
,
that
an
Information
should
bee
exhibited
in
the
Court
of
Chancery
against
Smith
and
Crokey
for
the
said
causes
.
2.
It
seemeth
to
Crokey
,
that
this
Direction
is
derogatory
,
as
to
the
words
of
that
Reference
,
which
was
for
auoyding
of
further
suites
,
and
not
warranting
any
or
other
,
then
were
then
depending
.
3.
And
that
in
Michaelmasse
Terme
following
,
an
Information
was
exhibited
,
whereunto
Smith
and
Crokey
did
in
the
same
Terme
Answer
,
and
thereupon
an
Order
was
made
the
23.
of
Nouember
in
the
same
Terme
whereby
a
Commission
was
to
bee
awarded
to
Commissioners
to
bee
named
by
the
Lord
Hobart
for
surueying
of
the
Schoole-lands
,
and
of
the
Lands
controuerted
betweene
Crokey
and
Smith
.
And
because
Crokey
attended
not
but
betook
himselfe
to
other
courses
,
did
not
nominate
the
Commissioners
.
But
the
Lord
Keeper
i●
.
Iulij
20.
Regni
regis
Iacobi
,
did
confirme
the
former
Order
of
the
23.
of
Nouember
:
And
that
his
Lordship
did
in
open
Court
nominate
the
Commissioners
,
and
on
the
19.
of
the
same
Iuly
,
his
Maiesties
Attourney
did
giue
speciall
directions
for
execution
of
the
said
Commission
.
3.
An
Information
was
so
exhibited
,
and
orders
so
made
,
howbeit
Crokey
had
good
reason
to
goe
on
in
that
course
vpon
the
Statute
of
Charitable
vses
wherein
he
had
begun
,
rather
then
to
assent
to
any
other
,
much
lesse
to
any
thing
that
might
haue
withdrawne
him
from
that
course
,
and
whereof
his
Maiestie
,
the
Parliament
,
the
Lord
Archbishop
,
the
Lord
Chancellour
,
and
others
reuerend
Bishops
were
possessed
,
and
had
taken
notice
,
and
wherein
the
Parliament
had
giuen
order
;
wherupon
a
Commission
was
awarded
,
and
executed
duly
:
And
vpon
that
an
Inquisition
,
Certificate
,
and
Decree
were
made
and
returned
,
which
was
a
yeare
before
the
said
Order
of
the
1●
.
of
Iuly
,
and
the
order
of
the
23.
of
Nouember
was
16.
moneths
before
that
of
the
1●
.
of
Iuly
,
so
as
Smith
stirred
not
vpon
that
Information
during
the
Parliament
,
but
it
no
sooner
was
ended
,
but
Smith
then
began
again
to
reuiue
and
set
on
foote
all
his
former
practices
,
all
which
,
〈…〉
Crokey
had
reason
to
Withstand
.
4.
That
accordingly
the
said
Commission
was
sued
forth
,
and
in
September
following
it
was
executed
with
great
care
and
exactnesse
and
a
Suruey
made
,
which
in
Michaelmasse
Terme
following
was
returned
with
the
Commissioners
Certificate
,
declaring
that
they
did
appoint
others
sufficient
men
to
Suruey
the
premises
with
the
Metts
and
bounds
,
appointing
them
to
attend
with
their
Suruey
at
Wooton
on
the
10.
of
the
same
September
:
At
which
time
they
appointed
for
the
Suruey
(
being
approued
of
by
Smith
and
Crokey
)
did
deliuer
in
the
Suruey
,
which
was
read
in
the
presence
of
Smith
and
Crokey
,
and
of
the
Maior
of
Wooton
and
diuers
others
of
the
chiefe
Townsmen
there
,
&
of
many
others
sent
for
at
the
instance
of
Crokey
,
&
examined
as
witnesses
vpon
their
oathes
,
vpon
Interrogatories
by
him
exhibited
,
which
vpon
their
examina●ions
did
agree
with
the
Counterparts
of
Leases
of
the
said
possessions
voluntarily
produced
by
Smith
,
and
that
they
found
the
Suruey
to
bee
iust
against
which
,
neither
of
the
defendants
or
others
their
present
did
or
could
take
any
exceptions
.
4.
Crokey
did
neither
approue
of
that
Suruey
,
nor
Certificate
annexed
,
nor
did
the
Commissioners
particularly
examin
Witnesses
vpon
the
Interrogatories
,
then
preferred
by
Crokey
as
the
Commission
required
,
though
Crokey
much
pressed
them
thereto
nor
otherwise
,
then
when
as
the
Surveyors
had
brought
in
their
surely
,
the
same
was
read
ouer
,
and
then
the
Commissioners
asked
them
then
present
(
which
were
onely
such
as
Smith
would
haue
there
)
whether
they
could
say
any
thing
to
the
contrary
,
without
any
further
or
other
examination
,
whereat
Crokey
shewed
himselfe
much
discontented
,
and
tooke
exceptions
at
the
then
proceedings
,
and
the
same
altogether
disliked
and
so
told
the
Commissioners
and
some
there
assembled
,
nor
was
there
any
depositions
or
examinations
vpon
oath
,
nor
bee
any
returned
or
vpon
Record
in
that
cause
,
nor
did
Smith
then
produce
all
the
Courterparts
of
the
Leases
of
the
Schoole
lands
,
but
onely
of
such
parcels
as
hee
pleased
,
and
would
not
suffer
any
Tenant
of
the
Schoole
to
produce
any
other
,
nor
did
Crokey
allow
of
the
Surveyors
,
for
they
had
made
the
Suruey
before
Crokey
did
know
of
any
such
matter
,
and
they
were
Smithes
neere
neighbours
and
friends
,
and
such
as
had
some
dependency
on
Smith
:
nor
did
there
appeare
aboue
6.
or
7.
of
39.
Tenants
that
Crokey
would
haue
had
there
,
and
for
which
purpose
he
tendred
their
names
to
the
Commissioners
in
writing
,
but
they
would
not
receiue
it
,
nor
send
for
more
then
for
such
as
Smith
would
haue
.
And
in
this
manner
was
that
Commission
executed
.
5.
That
the
substance
of
which
Suruey
declared
in
effect
that
the
possessions
of
the
Schoole
did
consist
of
31.
houses
and
162.
Acres
and
10.
pertches
,
And
that
the
yearely
Rent
of
the
premises
then
was
21.
pounds
4.
shillings
6.
pence
.
and
that
the
yearely
value
of
the
premises
to
be
improued
aboue
the
said
Rents
,
was
121.
pounds
17.
shillings
2.
pence
,
And
that
Warrens
Court
contained
one
Messuage
,
one
fulling
Mill
,
and
54.
Acres
,
and
10.
pertches
,
and
that
the
yearely
value
of
the
same
then
was
38.
pounds
1.
shilling
4.
pence
,
besides
48.
shillings
and
12.
shillings
payable
out
of
the
same
,
And
that
of
a
Lease
formerly
made
thereof
,
there
was
then
vnexpired
10.
yeares
at
Lady
day
next
ensuing
.
5.
Smithes
Patent
from
his
Maiesty
doth
mention
39.
Tenements
as
in
truth
there
be
,
&
the
land
belonging
to
Warrens
Court
by
Smiths
owne
shewing
amounteth
to
130.
acres
,
as
in
the
Section
,
&
the
whole
value
of
the
Schoole
lands
is
certified
by
the
Lord
Archbishop
of
Canterbury
,
the
Bishops
London
&
Winton
,
to
be
300.
pound
per
annum
or
thereabouts
,
Crokey
had
21.
yeares
in
Warrens
Court
,
when
hee
first
began
suite
against
Smith
,
But
further
as
to
the
present
Reuenew
of
the
Schoole
Crokey
doth
affirme
that
it
is
at
this
day
(
re
vera
)
worth
about
300.
pound
per
annum
and
all
in
the
disposition
of
Smith
,
〈◊〉
as
for
Leases
in
being
there
be
none
,
but
onely
the
remainder
of
the
old
Lease
of
88.
yeares
in
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.
P●●●●
&
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
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
annum
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
Aff●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
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
contin●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
Scho●le
lands
euery
one
may
discerne
.
●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-Plea●
,
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
Schoole
lands
Chantry
lands
,
sect.
17.
21.
22.
11.
By
crossing
and
withstanding
at
seuerall
times
his
late
Maiesties
directions
,
and
the
directions
and
proceedings
in
Parliament
Anno
1621.
and
of
the
Lord
Archbishop
of
Canterbury
,
the
Lords
Bishops
of
London
and
Winton
,
the
Lord
Chancellor
and
Lord
Keeper
,
and
all
Crokeys
indeuours
in
behalfe
of
the
Schoole
,
and
by
multiplicitie
of
causelesse
suites
,
and
his
many
other
practices
and
delayes
,
all
which
being
before
manifestly
proued
.
By
decreeing
and
such
an
estate
to
Smith
and
his
heires
,
is
vtterly
to
take
away
Crokeys
tytle
already
duely
determined
and
adiudged
by
Law
,
for
Crokey
after
12.
yeares
opposition
by
Smith
and
against
the
opinion
of
the
Lord
Keeper
mentioned
,
sect.
20.
And
because
the
said
Leases
were
thereby
dammed
,
therefore
the
Court
did
forbeare
to
determine
the
tytle
betweene
the
Defendants
otherwise
then
by
Decreeing
the
said
Leases
to
be
voide
,
And
did
further
order
that
all
suites
and
prosecutions
touching
the
tytle
betweene
the
Defendants
should
cease
and
seuerall
Iniunctions
were
awarded
against
the
Defendants
accordingly
.
20.
Here
is
no
difference
made
betweene
Crokeys
iust
tytle
proceeding
from
the
lawfull
Lease
of
88.
yeares
made
by
Coldwell
and
the
vnlawfull
Lease
of
99.
yeares
made
by
Duport
60.
yeares
after
,
and
it
had
beene
all
one
to
Crokey
if
the
Court
had
in
plaine
termes
taken
away
his
tytle
as
to
damme
the
Lease
vnder
which
he
claymeth
and
by
which
he
hath
right
,
and
to
debarre
him
of
all
further
suites
for
his
reliefe
;
As
for
debarring
Smith
from
suites
against
Crokey
there
was
no
cause
,
and
therefore
that
is
but
a
shadow
laid
on
by
Smith
to
make
the
Iniunctions
seeme
equall
.
21.
And
whereas
the
Iudges
and
Master
Attourney
did
certifie
his
Lordship
that
vpon
euery
Tenants
improuement
the
third
part
will
amount
to
the
increase
of
47.
pound
per
annum
,
out
of
which
they
thought
fit
to
assigne
26.
pound
13.
shillings
4.
pence
per
annum
,
to
the
Schoolemaster
and
fiue
pound
a
peece
for
4.
Schollers
,
and
their
stipends
and
number
might
increase
as
the
Reuenue
should
increase
by
expiration
of
estates
.
It
was
therfore
decreed
,
that
26.
pound
13.
shillings
4.
pence
should
be
allowed
to
the
Schoolemaster
,
But
with
this
that
the
Lord
Keeper
did
thinke
fit
,
and
so
did
decree
that
there
should
be
fiue
Schollers
,
and
the
stipend
should
be
foure
pound
per
annum
a
peece
.
And
the
stipend
and
number
to
increase
as
should
the
Reuenew
;
Sauing
alwayes
to
the
Court
power
to
direct
and
settle
the
Regulement
and
establishment
of
the
Schoole
.
20.
Here
is
no
difference
made
betweene
Crokeys
iust
tytle
proceeding
from
the
lawfull
Lease
of
88.
yeares
made
by
Coldwell
and
the
vnlawfull
Lease
of
99.
yeares
made
by
Duport
60.
yeares
after
,
and
it
had
beene
all
one
to
Crokey
if
the
Court
had
in
plaine
termes
taken
away
his
tytle
as
to
damme
the
Lease
vnder
which
he
claymeth
and
by
which
he
hath
right
,
and
to
debarre
him
of
all
further
suites
for
his
reliefe
;
As
for
debarring
Smith
from
suites
against
Crokey
there
was
no
cause
,
and
therefore
that
is
but
a
shadow
laid
on
by
Smith
to
make
the
Iniunctions
seeme
equall
.
❧
May
it
please
this
High
and
Honourable
Assembly
to
obserue
,
that
the
said
last
recited
Decree
is
grounded
vpon
a
Commission
of
Suruay
without
examination
of
any
Witnesses
vpon
Oath
as
the
Commission
required
,
neither
are
any
depositions
of
Record
in
that
cause
nor
the
Suruayers
sworne
.
Which
Commission
of
Suruay
and
Decree
,
proceeded
by
vertue
of
Smiths
cautelous
Petition
to
his
late
Majestie
and
Reference
.
Whereupon
the
late
Lord
Keeper
granted
the
sayd
Commission
of
Suruay
as
aforesaid
,
which
is
meerely
repugnant
to
the
directions
of
the
Lords
Grace
of
Canterbury
,
and
proceedings
of
the
late
Lord
Chancellor
and
diuers
other
Reuerent
Bishops
,
and
contrary
to
the
directions
of
the
most
Honorable
the
higher
House
of
Parliament
,
and
the
proceedings
thereupon
by
Reuerent
Bishops
and
others
,
according
to
the
Statute
of
Charitable
vses
,
as
by
the
inquisition
Decree
and
Certificate
found
for
the
sayd
Schoole
appeareth
.
Whereby
Crokey
humbly
prayeth
this
Honourable
Assembly
to
take
in
consideration
.
had
little
expectation
of
any
good
successe
by
that
suite
in
Starchamber
,
being
so
foyled
by
that
Decree
in
the
ground
and
maine
of
all
his
suites
against
Smith
.
And
yet
Smith
(
vpon
Crokeys
forbearance
in
that
Starchamber
cause
)
procured
52.
pounds
costs
to
be
taxed
against
Crokey
,
though
Crokey
proceeded
no
further
then
to
Bill
and
Answer
of
3.
Defendants
,
with
which
52
pounds
Costs
Crokey
is
now
also
charged
in
the
Kings
Bench.