TO HIS SACRED MAJESTY, THE LORDS SPIRITVAL, AND TEMPORAL, AND the House of COMMONS in this present Parliament Assembled.  
Printed the 1. of june. 1625.   

Crokey being sorry if he shall offend by the tediousness hereof, a more brief than which, he knew not how to compose, considering the so long, so many and vexatious Suits wrongfully prosecuted against him; And in that Crokey hath in many places referred one place to another, according to the Sections and proofs, he hath done it the better to explain and give light to every particular, which otherwise might have rested doubtful and obscure to the Reader.   

A True Relation of the passages in diverse Suits twelve years together, 
Certificate from the City of Bristol under the common Seal, of Crokeyes good estate, credit and respect, before his declining in estate, occasioned by the said Suits.  prosecuted by Benjamin Crokey of Bristol Merchant, and especially upon the Statute of Charitable uses, made Anno 43. R. Regine Elizab. for and on the behalf of a free Grammar School at Wooton-underedge in the County of Gloucester, founded by KATHERINE Lady Berkley an. 8. Richardi 2. against one john Smith of Northnibley in the said County Gent: who hath put in execution many soul and impious practices, whereby he hath most manifestly abused and deluded his late Majesty of happy memory, the Lord Archbishop of Canterbury, the Lord Chancellor, the L. 
Certificate of Smith's powerfulness, cunning, and contentiousness, and of Crokeyes intolerable charges for preservation of that School: from the Mayor and Burgesses of Wooton, and fourteen Preachers resident near thereunto.  the L. Keeper, and diverse Reverend Bishops, the most of his Majesty's Courts at Westminster, & judges thereof, and hath committed many gross contempts against the same Courts, & all to supplant the foundation of that School, and to get the possession and inheritance thereof, and of the Lands thereto belonging to himself; the same being of the value of 300. pounds per annum at this day, and for which Crokey hath now a Bill depending in Parliament against Smith, for no other course of justice (by all likelihood) will prevail against him; as that which followeth in this Relation will manifest.  
May it therefore please your Majesty, and this Honourable Assembly, for the honour of GOD, and maintenance of justice, to vouchsafe the calling of Crokeyes Bill against the said Smith to be read; and the rather, for that the Parliament four years since was possessed with this cause, and gave order therein, which by reason of the breaking up of that Parliament, Smith defeated, and went on, and renewed his former practices; And that (for your better information) it would please you to take notice of the particulars following which Crokey will prove, and in fail thereof will undergo what punishment soever this High Court shall inflict: all or the most of his proofs being noted in the Margin to the said particulars in this ensuing Relation? And in this suit Crokey is the more earnest, for that he is assured of great opposition to keep this Cause from the hearing of your Majesty, and this Honourable Assembly.  

1 A summary and Brief of the undue practices by Smith before spoken of, for supplanting the foundation of that School, and getting the possessions and inheritance thereof to himself, discovered and opposed by Crokey, mentioning every Section where the matters are at large related, but first, how Smith entered and began to work.  
1 One Grace Drew, the Relict of one john Drew, being by force of a Lease from the School possessed of a Farm, parcel of the Possessions of that School, called Warrens Court; and she being very aged, decrepit, sick in her bed, and likely to dye; and Smith being a very young man, and then of little or no value or estate, married the said Grace in her bed, two women holding her up during the Ceremony, & thereby Smith possessed himself of that Farm, & in this manner Smith began.  
2 Then Smith got the original Lease of that Farm not appartaining to him, out of Chancery by cunning, and untrue suggestions, where it was to have been kept until the expiration. Sect. 8.  
3 Smith bought two fraudulent Titles of the School and lands from two of the Duports. And by that means entered upon the School and residue of the School lands. Sect. 9  
4 Then Smith placed one Cowper Schoolmaster, and bought another fraudulent title of the School and Lands from that Cowper, and from one Browning, and from one Bolton, the Daughter of which Browning Smith had married. Sect. 10.  
5 Smith then let Leases of the School Lands, and erected a Court Baron, and the same kept diverse times in his own name, as Lord and owner of all the School Lands. Sect. 11.  
6 Crokey having an interest for the residue of a Term in the aforesaid Farm called Warrens Court, and Smith keeping it from him unjustly, Crokey entered, and for that entry (to outface the world) Smith sued Crokey in diverse Courts to weary him. Sect. 12.  
7 Smith made many untrue reports against Crokeyes proceeding in behalf of the School, and many false suggestions in Courts, for maintaining his said bad titles to the School Lands, which plainly show Smith's intent for supplanting the School and getting the said Lands. Sect. 14.15. & 17.  
8 Smith commenced diverse fraudulent, and unjust suits in Star-chamber, Chancery, Exchequer, and Common Pleas, for maintenance and strengthening his said bad titles to the School and Lands, wherein he used many practices, shifts and delays, which also show his said intent. Sect. 17.  
9 Smith (being discovered of his said former bad titles to the School lands by Crokeyes opposition) bought another feigned title of one Bishop, of all the School lands, and that managed (as the rest) against Crokey which also shown his said intent. Sect. 17.  
10 When Crokey brought his ejectment for Warrens Court, Smith obtained upon untrue suggestions an Injunction in the Starchamber, which stayed Crokeyes proceeding at Law four years, and after that Cause was dismissed, Crokey could not get a jury to appear, until 48. jurors were summoned. Sect. 17.19.  
11 Smith interrupted Crokey three several times in the execution of his Majesty's Commission, under the great Seal upon the Statute of Charitable uses, and also in the execution of a second Commission upon that Statute, notwithstanding his Majesty's especial directions. Sect. 20.  
12 Smith practised with Sir john Points, and one Henry Minors to find the School Lands concealed, or to draw Crokey to a Composition, or to entrap Crokey, that he might forbear any further prosecution in behalf of the School. Sect. 21.22.  
13 Smith made false shows to the Country of a pious intent for settling the School, when he knew not how otherwise to answer his former practices against it, and when he meant nothing less. Sect. 30.  
14 Smith misused and evilly entreated one Prichard who served as Schoolmaster, because he inclined to Crokey in behalf of the School. Sect. 27.  
15 Smith by his undue practices hindered Crokey from obtaining a third Commission upon the Statute of Charitable uses. Sect. 26.  
16 Smith endeavoured to get a Release from Crokeyes Lessee in the ejectment, at the time when the Cause was to be tried, but not prevailing in that, Smith at the trial stood upon all his bad Titles and aforesaid practices: abusing the Lord Hobart, and the other judges, by false reports and suggestions to them, and practised with one Gayre to raze a Record which was done. Sect. 28.32.  
17 Smith still to delay Crokey, and to countenance his unjust dealings got himself made a Burgess in Parliament of a Town 130. miles distant from his habitation An. 1619. Sect. 35.  
18 Smith to weary Crokey in the proceed for the School, did set his agents to see Crokey arrested when Crokey was going on in the execution of his Majesty's Commission by direction of the Parliament, and dealt underhand with Crokeyes Creditors to assign Crokeyes Debts to him, or to some others his Agents and Confederates, and otherwise practised whereby to keep Crokey in Prison, wherein he hath prevailed against Crokey. Sect. 37.39.   

2 A Summary and brief of the several abuses committed by Smith, against his late Majesty, and against his Majesty's Courts, and Magistrates and judges.  
1 By surmising false matter oftentimes whereby to avoid several Orders of the Starchamber for taxation of Costs there awarded against him, and for increase of Costs. Sect. 18.  
2 By detaining the said second Commission upon the Statute of Charitable uses, and altering the Commissioners names. Sect. 20.  
3 By deluding his Majesty, and the Court of Exchequer, under a show of a pious intent. Sect. 24.31.  
4 By surmising false matters to the Chancery, to hinder Crokey for obtaining a third Commission. Sect. 26.  
5 By surmising false matter to the judges of the common Pleas, that they might stay judgement, and Execution upon the verdict for Crokey, contrary to the Rules in Court by Smith's consent, which false surmises took effect. Sect. 30.  
6 By surmising false matters in a Petition to his late Majesty, whereby Smith crossed all former directions of his late Majesty, the Lord Archbishop of Canterbury, the Lord Chancellor, and diverse Bishops, and other just and legal proceed in behalf of the School. Sect. 31.  
7 By surmising false matter against the directions of his late Majesty, the Archbishop of Canterb: the L. Chancellor, and other Bishops, for hindering of Crokey in obtaining that third Commission before granted. Sect. 27.  
8 By making the Court of Chancery believe, that the School Rent was brought so low as 40. shillings per annum, and that he had increased it to 12. pounds per annum, when as in truth the true and due Rent to the School, was always at the least 23. pounds per annum, until Smith began his practices to supplant it.  
9 By abusing the Lord Hobart, and Master Attorney General by false reports and suggestions, whereby they were persuaded of Crokeys double dealing in the cause of the School, and thereby Smith obtained an Injunction to stay all Crokeyes proceed in behalf of the School. Sect. 33.  
10 By abusing the Lord Keeper, and Master Attorney General by false Informations, whereby he obtained a Commission for a survey of the School Lands, and the carriage thereof, which Commission was directed to Smith's friends. Sect. 38.  
11 By abusing the Lord Keeper, the judge's assistants of the Chancery, and Master Attorney General, in drawing up and entering a Decree in Chancery, where many untrue matters were inserted. Sect. 41. Numer. decret.  
12. By procuring 52. pounds costs, to be taxed against Crokey in the Starchamber upon Bill and answer, Crokeys suits being before stayed by Injunction mentioned in the said Decree, which Costs Smith hath charged Crokey withal in the King's Bench. Sect. 42.   

3 A Summary and brief of the several Contempts committed by Smith against Decrees, Orders, Rules, Verdicts, and other just proceed of several Courts in the cause of the School.  
1. For not bringing in the said original Lease, according to an order in Chancery, Sect. 8.  
2. For not staying the said suit against Crokey upon his said entry, according to an order in Chancery, Sect. 12.  
3. For disobeying several orders in Starchamber for hearing, and for his boasting against the same, Sect. 17.  
4. For not attending the Committees assigned by his Majesty's directions, and References for the school according to their several warrants, Sect. 26.  
5. For disobeying the Decree by direction of Parliament upon the Commission of charitable uses, and by his putting in new frivolous exceptions thereto, being before waved by consent of Smith and his Council, Sect. 38.  
6. For his many devices and slights by deferring the said Final trial, and after the trial the judgement, and after the judgement, by not yielding possession according to several Rules in Court made by consent of Smith and his Council, in contempt of that Court, & for procuring the Record to be razed, Sect. 28, 29, 30, 31, 32  
All which matters Crokey hopeth this high Court of Parliament will take into consideration, and the rather when Smiths said practices, abuses, and contempts shall more fully by the particulars hereafter related appear.  
But forasmuch, as upon the whole matter there may one main question arise, which is, that the now Lord Berkley being conceived to be the heir of the Founder of that School, and Patron thereof; why should not his Lordship or others for him have stirred in this cause of the School, and the same have defended rather than Crokey.  
As to that Crokey humbly desireth he may be called to answer vina voce, when he doubteth not but to give good satisfaction therein.  
There may be also an Objection, which is; That Crokey hath followed the cause of the School for some particular ends of his own, and especially in respect of his title to Warrens Court.  As to that, Crokey doth plainly make manifest, that he hath not prosecuted the Cause of the School for his own ends, but in the behalf of the School only and at his own charge: for Crokey did well know his Title to Warrens Court to be good, for the Statute of the first of Edward the 6. maintaineth all Leases whatsoever made before the 28. day of November in the 37. of Henry the Eight, as was the said Lease under which Crokey claims.  

The particulars of the Relation are, as they do appear by the several Sections, the proofs whereof are noted in the Margin.  
1. AN Inquisition upon an ad quod damnum, 
Copy of the Inquisition.  dated die lune proxime ante festum Assentionum Domini, Anno 7. Regni regis Ricardi secundi.  
2. King Richard the 2. granted licence of the 16. of june, 
Copy of the Licence.  in the 7. of his reign to Walter Burnell and William Pendock Chaplains, for erecting of a free Grammar school in Wooton-underedge in the County of Gloucester, and for endowment thereof, with the land and Tenements therein mentioned for maintenance and sustentation of a Master, and two poor Scholars, and their successors for ever.  
3. Thomas Lord Berkley, 
Copy of the Licence.  Lord of Berkley granted Licence Dated 1. july Anno 8. Regni regis Ricardi 2. to the said Walter Burnell and William Pendock, for erecting the said School, and for endowment thereof with the Lands in the same Licence mentioned, for maintenance and sustentation of a Master and two poor Scholars, and their successors for ever.  
4. That the 20. day of October in the said eight year of the reign of King Richard the 2. 
Copy of the Grant.  a Grant was made by the said Walter Burnell and William Pendock, at the charges and procurement of Katherine Lady Berkley, for erecting the said School, and for endowment thereof with the Lands and Tenements in the same Grant mentioned, for maintenance and sustentation of a Master and two poor Scholars, for teaching of Scholars in the Art and rudiments of Grammar; the Patronage of which School was entailed upon the heir's males of the said Thomas Lord Berkley. 
An exemplification of a Record and Smith's Decree in Chancery, Sect. 40. Numero 7.   
5. In this estate the School continued for the space of 200. years, and until Smith endeavoured to alter the same; and the Lands belonging to the School are worth 300. pound 
a Certificate of the Archbishop of Cant: Bishops of London and Winton to his Majesty.  per annum at this day.  
6. That Robert Coldewell was Schoolmaster of that School, duly presented, and was in right thereof seized of and in all the lands & Tenements thereto belonging, and being so seized, by his 
b Confessed by Smiths said Decree in Chancery, Sect. 40. Numero. 8.  Indenture under the common Seal of that School, bearing date the 27. of May, in the 37. year of the reign of King Hen. the 8. did demise one message with the appurtenances called Warrens Court, in North-Nibley in the said County of Gloucester, parcel of the said School lands, unto one William Thomas his Executors & Assigns, from the feast of the Anunciation of the blessed Lady S. Marry the Virgin than last passed, for the term of 88 years, for the yearly Rent of forty eight shillings.  
That William Thomas by his last 
c Confessed by the same Decree, Numero 8.  Will, Dated Anno Domini 1556. did bequeath the said Lease and residue of the Term of 88 years, unto 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 john Moor her former Husband, and to the suruivor of them, which children were Richard, William, Katherine, Elizabeth, Mary, and joice, and died. Alice proved that 
d Will under Seal.  will, and entered into Warrens Court as a Legacy, and so left the same after her death to Grace, who at the suit of the said Richard Moor, and the rest of his said Brethren and Sisters being plaintiffs, against the said Alice and Grace, were by an 
e 2. Orders.  order in Chancery (where that suit was commenced) in the 26. year of the reign of Queen Elizabeth, compelled to bring the said original Lease into that Court, where it was by consent of Alice, and all the said Legatees to 
f An Exemplification of the Answers of Alice and Grace.  remain and safely there be kept for the use of them all; that they might take the benefit thereof one after another, until the expiration thereof.  
8. That the said Lease was so kept the space of 18. years, and until Smith married the said Grace, which was in the 39 year of the reign of Queen Elizabeth, and then Smith (perceiving that all other the ancient Leases of the School lands were come to an end, except the Lease of Warrens Court) began his endeavours and practices to get all the said School lands, and to that purpose did by diverse practices and untrue suggestions in Chancery (there being then none to oppose him) 
g Order.  obtain the said Lease out of Chancery unduly, and the same detained in contempt of the 
h Order.  Orders of that Court.  
9 That Smith (having so gotten that Lease) dealt and practised with one Henry Duport, that Duport should 
i Copy of Smith's Answer to Bishop's Bill in the Exchequer, and of the Bill.  pretend some title to the Patronage of that School, and to the inheritance of the Lands thereto belonging; whereupon Smith and that Duport gave forth in speeches, that the said Duport had good titles thereunto, and Smith also practised with john Duport, and james Duport (who then had possessed themselves of the said School and Lands as masters and owners thereof) to set on foot another title; and so Smith for some small matter to those three Duports got possession of all the Schoole-Lands as his own Fee-simple, and likewise the Patronage, and the better to colour that his practice 
k Counterpart of the Conveyance, razed in the sum let down for consideration.  took conveyances from the Duports.  
10. That Smith Anno 6. Regni regis jacobi unduly placed one Edward Cowper Master of that School, upon whose induction Smith caused Cowper to 
l Copy of Smith's Answer in the Exchequer, and of the Bill.  convey all the School Lands in Fee to one john Browning father to Smith's wife, and to one Bolton, which Browning and Bolton soon after conveyed the same and levied a Fine to Smith and his heirs for ever, and so Cowper continued as Schoolmaster, but never exercised the place, or had any thing there to do, 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 several conveyances, and upon expiration of all the ancient Leases about that time, viz. about Anno 6. Regni regis jacobi worn out, saving the said Lease of Warrens Court) 
m Copy of Smiths said Answer in the Exchequer, and of the Bill.  entered 
n Smith's Patent.  upon 38. Tenements belonging to that School, having possessed himself of Warrens Court before, and did let those Tenements for long terms upon Fines, and the Tenants took Bonds of Smith for the quiet enjoying; 
o Witnesses.  and shortly after Smith 
p Witnesses.  called a Court Baron in his own name, as Lord and owner of all the School lands, and summoned all the Tenants of the School lands as belonging to Warrens Court, and kept Courts Baron in the Schoolehouse.  
12. That the said joice was last suruivor of all the said Legatees, as Smith hath 
q Smith's Decree in Chancery.  confessed, and the said joice (so being lawfully entitled unto all the remain of 88 years in Warrens Court, which was 21. years then to come) did for diverse considerations duly 
r Assignment from ●oice to Crokey and ●●●●ant of Attorney.  assign the same Lease to Crokey her Nephew (which Crokey, was son of the said Katherine one of the said Legatees) and died intestate, and Crokey 
s Letters of Administration.  administered, and this was about 12. years 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 smith's interest in Warrens Court ending) Crokey commenced a suit in Chancery against Smith, and made his entry thereinto, and depending the said suit in Chancery Smith (still to colour his bad titles to outface the world, and to vex Crokey with suits) brought an action of trespass against Crokey for that his entry; in which suit Smith proceeded to trial without Crokeyes privity, and so that Trial passed by default, whereby Smith recovered of Crokey 7. pounds for costs, though Crokey at the beginning of that suit obtained an 
t Order.  order in Chancery for stay thereof, or to show cause to the contrary which Smith did not, but in contempt went to trial as aforesaid.  
13. By these suits with Smith for Warrens Court, Crokey took knowledge of the foundation and state of the School, and withal of Smiths said practices against the same, which practices of Smith stirred up Crokey more for defence of the School, then for his own title as may well appear by that which followeth.  
14. That there have been 33. several 
u Several Records exemplified, and Copies of Record.  suits touching the said Will of the said William Thomas, whereupon there were Virdicts, Decrees, Nonsuits, and Dismissions: and the question in all which suits was, whether that the remainder of years in Warrens Court should go and be to the Legatees, or to the Executors by the said Will, in all which suits judgement was always for the Legatees under whom Crokey claims, and Crokey hath an approved good and lawful title to Warrens Court during the remainder of 88 years, and Smith hath no right thereunto, nor had since the death of Grace his said wife; howbeit Smith by his untrue reports ordinary with him, and by some false colours hath so shadowed the matter, as that he hath made all men believe, that all the said several suits were in affirmation of his unjust claim, under a pretended title from one Sprint, coloured by a Decree in Chancery 19 May, 43. R. Regine Elizab. obtained by Smith deceitfully, as also by a dismission caused by colour of that Decree, which Decree and dismission were against one Moors Title, not against Crokeyes; which Decree and dismission last spoken of, or his said pretended title from Sprint, Smith in all his suits with Crokey, or in any of them could never make good: though Smith hath laboured therein all he might, but the same were always held and deemed deceitful and fraudulent.  
15. That Crokey (for his own right, but especially in his tenderness and zeal for preservation of the School and inheritance thereof) prosecuting the before mentioned suit in Chancery against Smith, Smith (further to colour those his practices before spoken of for maintenance of his injurious dealing against the School and Crokey) exhibited an 
u Exemplification of the Trial.  Information against Crokey and the said joice Crokeyes Aunt to the court of Common pleas upon the Statute of Maintenance and Champerty, which suit was commenced 20. july Anno 12. Regni regis jacobi; in which 
x Information.  Information, he the said Smith set forth, that the first day of january in the 11. year of his Majesty's reign, and by the space of two year's next before he was, and then was seized in his demeasne as of fee of and in one capital message called Warrens Court, and of and in 60. Acres of land, 20. acres of meadow, and 30. acres of pasture, and 20. Acres of Wood, situate and lying in North-Nibley in the County of Gloucester, and the Rents and profits of the same Tenements with the appurtenances, to his own proper use for all the said time of 2. years had and received, Smith pretending further thereby, that joice not having any right or title, and notwithstanding pretending right and title to the premises conveyed the same to Crokey, and so both joice and Crokey within the Statute of Maintenance and Champerty; to which Information joice and Crokey pleaded, and the cause came to trial at the Bar. 26. April Anno 13. Regni regis jacobi, & upon full evidence Smith was 
y The same Exemplification.  nonsuited, and yet upon opening of the said suit in Chancery (which was but 3. days after the said trial) Smith by his indirect practices procured a 
z Order.  dismission to the Law without any further hearing.  
16. That upon the said Dismission in Chancery, Crokey sealed a 
a The Lease for trial of the title.  Lease for 5. years to one Thomas Bodham whereon to bring an action of ejection firm, for trial of the title, and thereupon Crokey commenced a suit in the Court of Common pleas against Smith; In which suit the judges of that Court (perceiving the many unjust suits and sinister practices raised and prosecuted by Smith against Crokey & against the School) made several 
b The Rules.  Rules in Court (but with the assent of Smith and his Council) that if the verdict upon that Trial should pass for Crokey, that then Crokey should forthwith have possession, and no writ of Error should be granted, although the said Lease for the ejectment should be expired.  
17. That Smith (to weary Crokey in that suit with vexations and delays as before in the rest he endeavoured) in May Anno Regni regis jacobi 13. commenced a new suit in Chancery against Crokey for the same cause, which was 
c Order of Dismission.  dismissed in july, Anno 15. Regni regis jacobi: And also another suit by English 
d Copy of Smiths Answer to the said Bill.  Bill in the Exchequer Chamber Termino Paso: An. 14. Regni regis jacobi in the name of one Edw: Bishop a friend of Smiths, and his chamber-fellow in the inner Temple, which suit though it seemed to be commenced against Smith (for therein he made himself defendant and answered the said Bill) yet that Bill was exhibited by Smith himself fraudulently, & the same Bill Smith 
e The said Copy of Smith's Answer.  answered, and in that his Answer stood upon all his feigned titles, and Smith likewise took out a 
f Order.  Commission for examination of witnesses, and s●●●●●ed diverse witnesses to prove that Bill, and so proved the Bill, and thereby, that all the lands belonging to the School were concealed and within the Statute of 1. Edw: 6. and so that suit ceased, and all that suit was at Smith's charge, for therein he made himself both plaintiff and defendant; whereupon Smith (for little or nothing) bought Bishops title, but withal took letters 
g Copy of the Letters Patents. Copy of Certificate and Decree upon the Commission for Charitable uses: and Witnesses.  Patens thereof upon the Commission of defective titles to him and his heirs for ever, for which he paid to his Majesty 5. pound, and was to pay xi. s. Rent per annum, by which titles Smith meant to hold the School lands as he holdeth other 
h Note from the Rolls.  land in Sussex by those titles to this day; And further about the same time (still to delay Crokeys said suit upon the Ejectment) Smith commenced (or rather but revived his other foiled suit of Maintenance and Champerty, which before he had brought in the common pleas) a suit in the Starchamber against Crokey, and four others, Crokeyes friends for maintenance and Champerty, therein surmising forgery, and perjury, wherein Smith also pretended a title of inheritance to Warrens Court, whereupon, and upon other false suggestions, Smith obtained an 
i Order.  Injunction for stay of Crokeyes said trial upon the Ejectment, and by that means the said Trial was stayed four years to Crekeyes great vexation and trouble, and to his expense of four hundred pounds or thereabouts in that proceeding, Crokey being enforced to attend that Court every Term with council for desoluing that Injunction, but could not, but in the end was enforced to labour for a hearing, for which he procured four several peremptory 
k 4. Orders.  Orders in four several Terms for hearing of the said Star-chamber cause so commenced by Smith, during which delay Smith gave forth in 
l Affidavit.  speeches, that he would weary Crokey by suits in Law, and that it was as possible for Crokey to remove a Mountain, as to prevail against him the said Smith.  
18. That after four year's toil and suit in the Starchamber, that cause there depending by Crokeyes great travail and cost was heard, and Crokey, and the rest of the Defendants were absolutely 
m Order.  dismissed with good costs, but when the costs should have been taxed; Smith so practised and wrought, as that Crokey could not get them to be taxed, but was enforced diverse times to move that Court for order therein, whereupon in the time of the Lord Chancellor, the Lord Mandevile, and the 〈◊〉 Lord Keeper, Crokey obtained diverse Orders in open Court for the Costs 
n Several Orders.  to be taxed, with increase of Costs for Smith's delays: which costs were drawn up to 
o Bills of Costs.  297. pound, and (notwithstanding the said Dismission and Orders) Crokey could not obtain Costs to be taxed; whereupon Crokey in May 1623. Petitioned the 〈◊〉 Lord Keeper therein, but so fare was his Lordship abused by the false suggestions and practices of Smith, and so much incensed against Crokey, that his Lordships Answer 
p Crokeyes Petition, and the Lord Keepers Answer thereto.  to that Petition was, and so subscribed it, that Crokey deserved to have his ears cropped off for abusing him, in that his Lordship never refused to tax Costs at the end of every Term: And yet Grasvenor Crokeyes Attorney did 
q Affidavit.  affirm, that he often had presented the Bill of Costs to his Lordship to be taxed, and that he was never more wearied then with urging his Lordship therein, and for that his Lordship had denied to do it, he durst not move the same again; But shortly after upon untrue suggestions by one Master Trotman of Smiths Council, and by Smiths practices together, and without the privity of Crokey, or his Council, or Attorney Smith obtained 
r Order.  Order for remitting all the said Costs, which Order Crokey could not get to be reversed.  
19 That (the said Starchamber cause being dismissed) Crokey laboured very earnestly many Terms for a Trial upon the said Lease of ejectment according to the said Rules in Court, and to his great trouble and charge brought up his Witnesses (some of whom dwelling one hundred miles from London) and diverse Terms feed his Council and 
s Copy of the Panell and Distringas.  48. jurors were summoned before a jury did appear, And so after four year's delay and more, the said cause was tried at the Common Pleas Bar, viz. Termino Pase: Anno 18. Regniregis jacobi, And upon the said Trial it was found for Thomas Bodham Crokeyes Lessee in the ejectment, as is more at large related in the 28, 29. & 30.. and how Crokey was delayed in the judgement and altogether defeated.  
20. That depending the said suits, and Crokey having fully informed himself of the estate of the School, and of Smiths practices for supplanting thereof, and getting all the said School lands, Crokey (to restore the said School, 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 School and the lands thereto anciently belonging, according to the said Statute of Charitable uses; And for execution of the said Commission, Crokey 
t The Commissioners Warrants.  procured a day to be appointed, and provided his Witnesses and all matters incident thereto, and also got a 
u Witnesses.  jury to appear, but all was defeated by the practices and power of Smith, and a second time in like manner: Whereupon Crokey peticioned to his late Majesty, and his Majesty (being graciously inclined to the furtherance of the charitable and good course of the Law and Statute in that case provided) was pleased according to his Majesty's Commission under the great Seal of England before granted, that the Bishop of Gloucester and any 4. of the Commissioners in that Commission named, should with convenient speed enter into the examination of this cause, and according to the authority given to them in the same Commission finally determine and effect the same, so as there should be no cause given of any further trouble to his Majesty, as by his Majesty's 
* Petition and Direction.  direction signified by Sir Daniel Dun 5. September 1617. may appear; which said Commission, and that his Majesty's 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 year 1618. Crokey procured a 
x Warrant.  Warrant for a second Commission from the Lord Chancellor for the same purpose; which 
y Commission.  Commission being engrossed in the Crown office, and ready for the Seal (Crokey having then paid the charge thereof) was by like practices of Smith there kept from Crokey for 2 months and more. And whilst the said Commission was so stayed in the Crown office Smith 
z Witnesses.  practised with one john Hunt to alter the Commissioners names, contrary to the Warrant delivered in by Crokey, and so that Commission was engrossed of new, and some of the Commissioners names in the Warrant were left out in the Commission, 
a Commission under the great Seal.  and others of Smith's friends put in: howbeit Crokey took that Commission as it was, and laboured for the execution thereof, and a day 
b Warrant for day of Sitting Witnesses.  was appointed, and Crokey with jurors and Witnesses, and all things else ready on his part to have been done, but by the like practices of Smith there did come to the place assigned for execution of the said Commission but three 
c Certificate of the Commission.  Commisioners of 7. that had signed the Warrants, when no less than four could execute it, whereby that Commission was also avoided, and all Crokeyes labours and charges lost.  
21. That in the mean time the Commission was so kept back, Smith practised with Sir john Pointz Knight, and one Henry Minors to take a Commission forth of the Exchequer, whereby to find the possessions of the said School to be 
d Witnesses.  concealed as Chantry land's given to superstitious use, and within the Statute 1. Edward 6. wherein Smith so handled the matter, as that Sir john Pointz and Minors did take such a Commission forth of the Exchequer, and being Patentees 
e Bond from Sir john Pointz and minors to Crokey.  were also therein made Commissioners.  
22 That the said Sir john Pointz and Minors, about August Anno 1618. went to Tidbury in the said County of Gloucester for execution of their said Commission, where (having a jury 
f Witnesses.  of simple men, some whereof being of Smith's kindred) yet that notwithstanding they would not proceed at that time, because Crokey was there ready with all things for defence of the School and possessions thereof, and amongst other things with a Case 
g Case  drawn and resolved on● by Sir Henry Yeluerton and Sir Thomas Coventry his late Majesty's Council at Law under their hands, affirming that the said School and possessions were free from superstitious uses, and no way within the said Statute of 1. Edward 6. whereupon Sir john Pointz soon after laboured Crokey very earnestly for a composition, which Crokey utterly refused, and soon after that Sir john Pointz and Minors met again upon their said Commission at Wickware in the said County of Gloucester, viz. the 13. of 
h Witnesses and Warrant from Sir john Pointz and Minors.  October 1618. At which time Crokey likewise attended, but before they sat both Sir john Pointz and Minors earnestly pressed Crokey to a composition, which Crokey again utterly refused as before, whereupon they proceeded with a like simple jury as they best pleased, notwithstanding Crokey stood in 
i Witnesses.  defence of the School in all he might, and so it was found, that the said School and lands thereto belonging were given to superstitious uses, and within the Statute of 1. Edw: 6. and yet the said Sir john Pointz and Minors laboured again at that time with Crokey for a Composition, and offered their 
k Bond.  Bond of 2000 pound to Crokey with condition for the assuring of Warrens Court to Crokey and his heirs in Fee farm, and to set him in possession thereof; And albeit Crokey well did know that all their offers were but to entrap and to draw him from defending the School, and that by Smith's plot and practice, yet Crokey also perceiving that they proffered him some advantage whereby they might afterwards entrap themselves, was content to take such a Bond, so as he might have the drawing of the Bond and Condition which they assented gladly unto, and so Crokey did cause the Bond and Condition to be drawn, wherein he caused Sir john Pointz and Minors to be mentioned both Patentees and Commissioners, which was all that thereby Crokey 
l Witness Master Hart.  sought, to the end the practices by them and Smith might the better appear; Crokey then knowing no other, or better way for discovery of their said practices, neither did Crokey so much as promise, much less assure to them any thing at all, but forthwith showed to the Lords grace of Canterbury the said Bond, and fully acquainted his Grace therewith, and of all their other practices against the School, as formerly he had done.  
23. That thereupon his Grace sent his Solicitor 
m Witness. Master Hart.  Mr. Hart with Crokey to the Lord chief Baron of the Exchequer for traversing of the said undue proceed, & reversing of the said Inquisition, and (according to the Lord chief Baron's direction) Crokey moved that Court of Exchequer by his Council, whereupon a day was given to Sir john Pointz and Minors to come in for maintaining their said Inquisition which they refusing to do, the said Inquisition, and Commission by an express 
n Order.  order in that Court were suppressed and made void.  
24. That Smith (to manifest his craft in daubing) did then also move the Court of Exchequer by his Council for making voide the said Inquisition, and Commission, whereupon in the said 
o Order.  Order the name of Smiths Council was foisted, in stead of Crokeys' Council, as if Smith had been the chief and only opposor, and not the procurer of the said last mentioned Commission and Inquisition, whereby Smith did not only delude the said Court of Exchequer, but the Country also for when he perceived that Plot with Pointz and Minors would not take, than Smith began to make a show of a pious intent, to make and erect a new foundation of that School but yet in his own name, and for his own glory, whereby to outface and blindfold the world, that his former practices for supplanting thereof might not be seen. And to that purpose endowed the School with 
p Confessed in Smith's Decree in Chancery, Sect. 41. num. ibid. 13.  12. pound Rend 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 piety and bounty therein, ordained 25. Feoffees for establishing of that his new false foundation of the School and possessions, wherein he had not, nor hath any interest lawful at all.  
25. That Smith (knowing his own guiltiness) doubted that one Prichard, then as Master of that School, placed there by Smith did incline to the assistance of Crokey for righting the School, And in that doubt Smith set 
q Witnesses.  upon Prichard with diverse high and threatening speeches, and warned Prichard that at a certain day by Smith peremptorily prefixed, Prichard should departed from the School as a professed maintainer thereof against Smith, or else that Prichard must expect to be by Smith thrown out by violence, insomuch that (upon Prichards' slighting of Smith's threatenings) Smith (in outrageous & violent manner being accompanied with some 20 
r Witnesses.  men) came to the School and threatened to untyle the Schoolehouse, and to throw Prichard out if he would not presently departed, and by those means, and by frighting Prichards' wife (being then in childbed) Prichard was enforced to leave the School to Smith, and so upon composition left it.  
26. That Crokey moved the Lord Chancellor for a third Commission upon the said Certificate from three of the Commissioners in the said second Commission, which notwithstanding, and though Crokey had obtained diverse Commissions before, yet upon Smiths untrue suggestions and like practices, it was so ordered the 
s Order.  16. of june Anno 17. Regni regis jacobi, that thereby Crokey was not only debarred for obtaining any further Commission in behalf of the School, but also thereby disgraced, and all his proceed therein as much as might be; and Crokey (being so stopped and prejudiced) petitioned his Majesty to refer the final hearing and determining the cause for the School 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 Majesty was graciously pleased, that the said Lords should take the contents of the said Petition into their special consideration, and after hearing & examining all particulars incident thereunto, should make report in writing unto his Majesty what they should find 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 justice and good conscience; as by the said Petition and 
t Petition and Reference.  Reference signified by Secretary Naunton of the 24. of june 1619. appeareth, which Reference Crokey diligently prosecuted, but Smith would not by any means appear before the Committees assigned by that Reference, until Crokey had procured four several 
u The Warrants.  Warrants, Smith well knowing that Crokey had brought up to London many 
* Witnesses.  Witnesses, some of whom 100 miles distant from thence to his great trouble and charge; and that Crokey had them in a readiness the first day appointed by the said committees, and had feed his Council diverse times therein for the better information of their Lordships in the behalf of the School.  
27. That upon the fourth Warrant Smith appeared, and the cause upon the said Reference came to be heard before the Lord Archbishop, and the other 2. Lord's Bishops; & upon opening the cause; & arguments and proofs before their Lordships made by the Council on both sides, their Lordships 
x Certificate.  certified his late Majesty of the powerfulness & indirect practices of Smith for getting the inheritance of all the School lands worth 300. pound per annum for 5. pound 
y Certificate.  In which Certificate their Lordships held fit, that Crokey should petition the Lord Chanceilor, for a third Commission to settle the said School in her ancient estate Crokey accordingly Petitioned, and thereupon obtained an Order 
z Order.  in Chancery of the 21. of Ferbruary, Anno 〈◊〉. Regni regis jacobi, that a Commission should be awarded to the Bishops of Gloucester and Bristol and others: Whereupon Crokey laboured for another Commission according to the said Order, but could nor pravaile until he complained to the Parliament, which was about 16. months after the said Order, and then he obtained another 
a Order in Parliament.  Commission which was duly executed as more particularly appeareth in the 37. Section of this Relation.  
28. That Crokeyes Trial upon the said Lease of Ejectment by Smiths indirect dealing, was delayed 4. years and 
b Copy of the Verdict and judgement.  more, but after that delay it was tried at the Common pleas Bar, viz. in Easter Term Anno 18. Regni regis jacobi, though Smith earnestly laboured by himself and others to have avoided that Trial, and Smith then laboured to seduce the said Bodham Crokeyes Lessee to 
c Witnesses.  release, upon which Trial, the matter was so strongly defended by Smiths Council, that the Trial continued from 9 in the morning to 1. in the afternoon, which was by reason Smith and his Council stood so mainly and so confidently upon his said several bad titles and practices.  
29. That at that Trial the Lord Hobart and the rest of the judges of that Court used all good and just endeavours for discovering of the truth whereby Smiths bad titles (so strongly urged and insisted upon) were confuted, which Smith perceiving, and that the Trial must needs pass against him, and thereby all his practices come to light, and be brought to naught to his utter disgrace and infamy: Smith cried 
d Witnesses.  out with a loud voice in most earnest and pitiful manner to the judges that he was undone, if they would not have compassion on him, and withal besought them in all he might to draw Crokey to some composition, or to refer the cause to them: Whereupon the judges in compassion of Smith earnestly moved Crokey to refer the matter to them, but Crokey refused so to do, telling the judges that the cause concerned the School more than himself, and for which he had undertaken, and was engaged both in his duty to God, for the common good, and by his profession to his late Majesty, the Archbishop of Canterbury, and others; And these motions by Smith to the judges, and the judges to Crokey were between the time of the juries going from the Bar, and giving up their verdict which was not given up until the next morning, and then it passed for 
e Copy of the Verdict and judgement.  Crokeyes said Lessee.  
30. That a day or two after the virdict, Crokey by his Council moved the Court for judgement and possession according to the aforesaid verdict and Rules, made by the assent of Smith and his Council as aforesaid, which Rules and verdict notwithstanding, and notwithstanding also the 4. year's delay and more of that Trial by Smiths means, and the Statutes of jeofaile made 32. H. 8. C. 30. 2. Edw: 6. C. 32. 18. Eliz. C. 13. by which (as Crokey conceived) Smith was debarred from using any further delay after the Verdict, yet Smith (still p●●secuting his importunity 〈…〉 to the judges, and upon his false suggestions to them) was permitted to speak in arrest of judgement, whereby Crokey was delayed both the Easter and Trinity Termes next after the Verdict, and the said Lease of Ejectment (which was for 5. years) being then well-nigh expired, Crokey in the latter end of August than next following 
f Copy of the Petition and direction.  Peticioned his Majesty for his Majesty's direction to the judges in that behalf, whereupon his Majesty was pleased to signify his pleasure by Sir john Sucklyn then Master of Requests 3. Sept. 1620. which was, that the Lord Hobart, and the rest of his Majesty's judges 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 trial of the title in the premises made to the said Bodham, was that month of September to expire. Which directions from his Majesty Crokey presented to the Lord Hobart before the expiration of the said Lease for the ejectment, which Directions notwithstanding, & notwithstanding also the said Rules, and the Statutes of jeofaile & 4. year's delay, before the said Trial, Crokey could not obtain judgement, until the said Lease for Trial of the Title was expired, and then judgement was awarded; But the said Lease being by the said delays worn out, Crokey could not by Law have any Writ for possession according to the said Verdict Rules, and his Majesty's most gracious Direction and intention in that beholfe so signified, or the said Statutes of jeofaile; All which delay and stay of judgement, seeming only to be but upon a mere suggestion by Smith, which 
g Affedavit to prove Tippets name so to be.  was that one of the jurors names called Tippets was mistaken, and in the Record written Tripets, and though Crokey did often during that delay of judgement offer to 
h Witnesses.  prove, and to produce the Record to show the contrary, and in the end did prove so much.  
31. That during the said delay of judgement, and between the said Verdict and judgement Smith (to cross all former proceed of the School and the Verdict) upon diverse untrue suggestions compiled in a Petition to his late Majesty procured a Reference from his Majesty signified by Sir Sidney Mountagu Master of Requests 25. junij 1620. The effect of which Petition and Reference; 
i Copy of the Petition and Reference.  As also Crokeys Answer thereunto next follow, viz.  
NUM. PETITION. ANSWER. 1. That a Trial in Easter Term anno 1620. was had in the Common Pleas, in an action of ejection firm brought against Smith, by Thomas Bodham Lessee to Crokey for a message and 50. Acres of land in North-Nibley in the County of Gloucester, parcel of the Possessions of the said School, wherein Crokey claimed a Lease for 12. years. 1. It is true that such an Action was brought, but it was laid for the said Message and 130. acres and a Mill, as before was laid by Smith himself in his Informatioon for Champerty brought in the Common pleas, for which Crokey hath offered proof, Sect. 15. Crokeyes title was for 21. years when he made his first entry before related, and so offered to be proved, Sect. 12. 2. That Smith had against the said Title Verdicts, and Nonsuits at Law, and Decrees, and Dismissions in Chancery. 2. That this is most untrue will appear by that which Crokey before in the 14. Sect. hath truly related. 3. That at the last Trial Crokey had urged untruly & impertinently, that Smith had indirectly endeavoured the suppressing of the School, and sought to convert 3. That Crokey in this urged nothing but truth, is manifestly proved before in diverse places of this his Relation: But it will appear more plainly in Crokeys Answer  the possessions thereof to his own private benefit. to the Decree mentioned Sect. 41. Numero decreti 19 4. That Smith (not having informed his Council in that point being no way pertinent to the issue) Crokey obtained a Verdict against Smith, wherein no judgement was then entered. 4. Smith had informed his Council in all things, but used all means possible to stay judgement, of purpose to wear out the Lease made for trial of the Title, 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 prove he had been so fare from wronging the School, as that he had done many acts to his great charge for preserving of it, and had bought in titles that might have troubled it, and was ready to establish the School in such sort as should be fit. 5. The whole tract of this Relation and proofs prove this to be very false, and that Smith hath endeavoured as much as in him lay to make good to himself all those bad and feigned titles against the School and for that purpose did many acts, and those most vild and unconscionable, for an incling whereof, vide Sect. 40. Numero Decreti, 19 6. Wherefore and for acquittal of his reputation, and for settling a final end between Smith and Crokey, and for avoidance of multiplicity of suits and other inconveniences likely to arise, desired that the consideration thereof might be referred either to the judges of the Common Pleas, or to such others as his Majesty should think best for such end and order as should be fit. 6. Smiths back being at wall, and all his plots and devices being discovered, and when no better would be, he now to save his reputation, makes a great show of innocency, his aim being by some compromise to take off Crokey from further prosecution for the School, which was laboured as much as might be, but all in vain, for Crokey had then, and still is resolved (by God's grace) to right both the School and himself, that neither may be subject to Smiths gins or devotion. 7. That his Majesty's pleasure was, that the judges of the Common Pleas taking consideration of the Petition, should call the said parties before them, and thereupon take order to settle the state of the School, and for avoiding of further suits to compose the differences of the said parties if they could. 7. Crokey observed his Majesty's Reference in all things. 
But Smith laboured the contrary as may well appear by the use he made of this his Majesty's gracious intention, which was to settle the School according to the foundation, and to right Crokey, and not to alter the same, or to prejudice Crokey, and so his Majesty before had declared by the signification of Sir Daniel Dun, Secretary Naunton, and Sir john Sucklyn.   
32. That Smith used the said Petition and Reference to the intent aforesaid, and as an Instrument to move the Lord Hobart further to press Crokey to a composition, and to delay the judgement, and so it came to pass, for at the hearing upon Smiths said Petition and his Majesty's Reference thereupon, the Lord Hobart pressed Crokey to refer the matter to him and the other judges of that Court, which Crokey refusing could not obtain judgement (as before is said) until the Lease was expired, and then obtained judgement, but no possession notwithstanding the said Rules Verdict, and his Majesties said express directtions for the same: But Smith procured one Gayre one of Master brownlow's Clerks to alter the said Rules of Court, by razing and interlyning the 
k Rules.  Record; Whereupon, and upon proof made and Gayres confession in Court, the Lord Hobart and that Court committed Smith to the Fleet, for not yielding possession. But Smith shortly after obtained his liberty, and so was at large until Crokey complained that Smith had not yielded possession according to the said Rules, whereupon Smith was committed again, but shortly after was released without performing the said Rules, and so Crokey cannot obtain possession to this day.  
33. That shortly after the Trial upon Smiths said Petition and his Majesty's said Reference thereupon, (viz. in Michaelmas Term Anno Regni regis jaecobi 18.) his Majesty's Attorney 
l Decree hereafter. following, Sect. 41  General by direction of the Lord Hobart, exhibited an Information in Chancery against Smith and Crokey, thereby supposing a confederacy 
m Order.  between Smith and Crokey to take away or pervert the possessions of the said School, and to supplant the same. To which Information Crokey answered, 
n Crokeys Answer.  and thereby cleared himself of that suggestion, utterly disclaiming all other interest in or to the School or Lands otherwise then by his said right to Warrens Court, and his zeal for preservation of the said School and possessions thereto belonging, and withal by his said Answer charged Smith with his several practices against the School, and thereby also showed in how many cases he had defended the said School against Smith and others, that had gone about to supplant it. But Smith by his 
o Smiths Answer.  Answer to the said Information set forth all his bad titles herein before mentioned, and thereto added many untrue suggestions, howbeit upon the said Information 〈◊〉 an 
p Order Injunction.  Injunction against Crokey, and thereby stopped all Crokeys proceed in Law or Chancery in behalf of the School, or in his own behalf ever since against Smith, which Injunction Smith himself served upon Crokey, and which Crokey obeying, Crokey forbore any further proceeding in Law, or Chancery in that behalf; and by that means all Crokeys endeavours which he had so faithfully, and zealously followed in behalf of the School were utterly defeated, contrary to his Majesty's said directions, and contrary to the Honourable and Charitable endeavours of the said Lord Archbishop, the Lord Chancellor, and of the Lords Bishops of London and Winton.  
34. That upon the motion 
q Confessed Smith's Decree in Chancery. Lord hobart's Warrant.  of Master Attorney General (according to the direction of the Lord Hobart) the Lord Chancellor awarded a Commission upon the Statute of Charitable uses, leaving the nomination of the Commissioners to the Lord Hobart, 
Witnesses,  who nominated Commissioners, Crokey not assenting thereunto, But that Commission (though sealed) was never put in execution, for the Parliament was then at hand.  

Not to be denied.  35. That Smith procured himself to be made a Burgess in that Parliament for Midhurst in the County of Sussex 130. miles distant from his residence, and this was anno 16●0.  
36. That nevertheless Crokey presented a Bill 
r Bill in Parliament.  in that Parliament against Smith on behalf of the School, and thereupon obtained an 
s Order in Parliament.  order of Parliament for another Commission upon the Statute of charitable (uses so long before sought for by Crokey) to inquire according to the Statute of Charitable uses, and withal ordered that the Lords Bishops of Worcester and Gloucester and Bristol, and their Chancellors, and others should be Commissioners.  

Witnesses.  37. That Crokey sued forth that Commission, and going on in the execution thereof, and having 〈◊〉 before had 〈◊〉 losses, at Sea and other ways, and Crokey being indebted to one Augustine Haruy 50. pound, for which Haruy had Crokeyes Bond of 100 pound, Crokey was arrested upon that Bond, and detained, and when Crokey offered to 
t Witnesses.  satisfy the debt Haruy had made over that Bond to one Ashman, & Haruy, and Ashman 
u Orders declaring the same.  together, had made over the same to one Fisher, and so Crokey could not know with whom to deal, which intricasie (as it seemeth, and as Crokey is verily persuaded) came by the means of Smith, or some of his Agents and confederates, for that Smith had before by himself and others his confederates dealt with others of Crokeys Creditors to buy 
* Witnesses.  Crokeys debts, and Crokey is the rather so persuaded, for that at the time Crokey was so arrested, one Bird (whom Smith hath long used and employed in his affairs) and one Archer a servant of Smiths were at that his arrest, and for that also Smith hath been very inquisitive to know what matters were against Crokey in the King's Bench, and for that also Crokey hath since endeavoured by all means to give satisfaction whereby to release himself but cannot, 
Orders of the Chancery.  as may appear by that which immediately followeth; For Crokey when he had so offered satisfaction, and was notwithstanding so put off, and sued at Law in the name of Haruy, Crokey commensed a suit in Chancery against Haruy and Ashman in point of equity, & there Crokey having obtained an 
x An Injunction under Seal.  Injunction to stay the said suit at Law, Haruy & the rest without any notice to Crokey, or any for him by untrue suggestions obtained a 
y Affedavit.  Report, and so the cause was dismissed and that Injunction was dissolved, and which was at the very time when Haruy or Ashman should have showed cause, why they should not have accepted the 50. pound 
z Order.  principal. Whereupon Crokey upon his Petition obtained a 
a Petition Reference.  Reference from his Majesty anno 1620. to Sir Edm: Boyer, and Sir George Paul Knights to mediate, but Harvey though 
b Affedavit.  served with their Warrant would not appear; Upon that Crokey obtained an 
c Injunction under Seal.  Injunction in the Court of Requests for stay of Harvey's proceed at Law which Haruy also contemned and proceeded to a judgement, Crokey upon that obtained a 
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 Witnesses.  in Execution when the judges were gone their Circuit, and the Parliament prorogued. And the said debt being so made over, Crokey was so entangled, 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 five months in Prison until the Parliament sat again, and then Petitioning to 
f Petition to the Parliament and discharge.  the Parliament, was released. And all this trouble came upon Crokey when he was to have followed that Commission so awarded by order in Parliament and by Smiths means, as Crokey is verily persuaded for the reasons aforesaid; yet did not Crokey neglect that Commission, but to his great 
g Witnesses.  charge of threescore pounds and upward employed others therein; And so the said Commission was executed at Gloucester by the said Bishops and others, and an Inquisition was found 19 Regni regis jacobi by the oaths of 17. jurors all substantial and men of good estates of the County of Gloucester. Whereupon the said Commissioners returned the said Commission and 
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 jacobi 19 which said Certificate and Decree was to the effect following, viz.  

That there appeared before them aswell the said jurors, as also diverse Tenants of the said School lands and diverse Witnesses to testify on either side: As also Crokey the prosecutor on behalf of the said School by his Council on the one part: And the said Smith claiming the inheritance of the lands belonging to the said School on the other part. Which said Smith at the first took diverse exceptions against the proceed upon the said Commission, but afterwards did then and there wayve and relinquish all the same and all other exceptions whatsoever in that behalf, and consented that the said Commissioners should proceed to Trial of the right, whereupon there was given in evidence to the jury the said 3. Grants of the 16. of june Anno 7. Regni regis Ricardi 2. of the 1. of july 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 upon an Ad quod Damnum as in the 1. Section is mentioned.  
That Smith shown forth the said Grant from his Majesty to him and Gulston made as in the 17. Section. and Smith then confessed that the lands therein mentioned were the same that were given as aforesaid to the School, and that Smith then shown forth also an Exemplification of a Bill, Answer, and Depositions in the said suit brought by Bishop (before mentioned in the 17. Section, and that thereby and by diverse other ways Smith earnestly endeavoured to prove that the said School lands were given to his Majesty by the said Statute of 1. Edward 6. as Chantry and concealed lands.  
That it was inferred by the Council on the Schools behalf. That the said suit was but a mere practice of Smith to draw the said foundation within the said Statute of Chantries; and that there was further showed to the said Commissioners and jury, a Certificate subscribed by the Lord Archbishop of Canterbury, and by the Lords Bishops of London and Winton, wherein the said Smith's practices for suppression of the School inter alia are mentioned.  
That against which evidence for the School Smith's Council then urged and gave in evidence a Copy of the Ordinances and Statutes mentioned to be made touching the due government of the said School and of the lands wherewith the same was endowed, and that amongst the said Ordinances Smiths Council stood especially upon that Ordinance: That the Master of that School for the time being, should be a Priest and celebrate for the Founders of the school. And others in the said Ordinance, named after their departure hence, and whereupon it was earnestly urged by Smiths Council, that forasmuch as in the deed of foundation. the Lands were given to the Master and two poor Scholars and their Successors, to their aid and sustentation according to the Ordinances, to be made by the said Walter, William, and Katherine, that therefore the foundation of the School and Lands was within the said Statute of 1. Edward 6.  
For answer whereunto there was showed forth the opinions of Sir Henry Yeluerton then Attorney General, and Sir Thomas Coventry then Solicitor to the contrary, and that it was then further answered on the Schools behalf, that the said Grants and Licences of the foundation, donation, and Ad quod Damnum were absolute to the charitable uses therein expressed, without any mention of any superstitious use at all, and that therein there was no relation to any Ordinances to be made but only in the Habendum, whose proper Office is to express the estate; And that therefore the Ordinances ought to extend only to order the Succession, and not to make a new use, service or consideration. Besides, it than appeared that the said Ordinances were made long before the foundation of the said School, and therefore of little regard. And that it was then also informed that the said School and the Master, and two poor Scholars in the same, had continually been maintained according to the said first foundation, until within 16. year's last passed, which was not denied by Smith or his Council.  
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 years before the said Statute of Edward 6. and almost 60. years after, before it was questioned. And therefore according to the said Statute of charitable uses, and the said Commission to them directed; They did adjudge and decree, that the said Lands should be restored and employed to the use of the said School, according to the said first foundation. But forasmuch as the said Corporation was of late discontinued, and the Patronage of the said School is claimed by Smith, and was before in question, whereof the said Commissioners could not determine. And Crokey claimeth a Lease of a Tenement parcel of the said School lands, whereof as they were informed, Crokey hath a Verdict and judgement against Smith, but cannot (as they were informed, by reason Smith was a Burgess of the Parliament) obtain an execution thereof, and hath (as they were also informed) exhausted and spent his Estate in the prosecution, and desired recompense for his great charges therein, they could not adjudge, 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 appear, that the same Commission was not executed partially or at random, but equally and justly, and whereto Smith and his Council there present consented, and thereby Smith concluded himself, Crokey then being absent.   
38. That shortly after the return of the said Commission so executed as aforesaid by direction of the Parliament and Inquisition, Certificate and Decree; thereupon Smith, (perceiving that the Parliament was soon after to be dissolved) notwithstanding he had formerly wayved all exceptions to the aforesaid Inquisition, Certificate and Decree, which is by the said Commissioners certified as aforesaid, yet Smith upon the ending of that Parliament, obtained an 
i Order. Exceptions. Crokeys Answer to those Exceptions.  Order in Chancery of the 3. of December, to put in new exceptions to the said Commissioners said proceed, which Crokey in defence of the School answered. And the Parliament (being then ended) Crokey applied himself to the Chancery for a day of hearing, not doubting a confirmation of the said Inquisition, Certificate and Decree, which day of hearing after much labour Crokey obtained, And so the cause was by the Lord Keeper ordered 
k Order.  to be heard before his Lordship and justice Hutton, wherewith Crokey was well satisfied, but when the cause came to be heard, justice Chamberlain who married with the Lady Berkley (Smith being her chief Steward) in stead of justice Hutton sat in Court, and so the cause was heard 
l Order.  17. july anno 20. Regni regis jacobi. At which hearing Smiths exceptions were argued, and being found frivolous, no resolution was thereupon, yet was not the said Decree so made by the said Commissioners in that Commission upon the Statute of charitable uses confirmed, as Crokey expected; but at that time the Lord Keeper granted 
m Order.  another Commission upon that Information which was exhibited by Master Attorney General two years before not prosecuted, by reason the same cause was exhibited by Crokey in a Bill to the Parliament, where the same was 
n Order in Parliament.  ordered and proceeded upon, as before is said, Sect. 36. Which proceeding last spoken of in Chancery, quite took away all Crokeys' prosecution for the School a second time. And in which Commission diverse of Smith's 
o Witnesses.  friends were made Commissioners, some of whom had declared themselves open opposors of the School, and Crokey by their demeanour against the due execution of former Commissions sued out by Crokey in the behalf of the School, which Commissioners Crokey much 
p Witnesses, Petition, and Answer.  laboured both by Petition and motion in Court to have altered, but could not therein prevail. And yet the Lord Keeper at that hearing very sharply reproved Smith plainly telling him that he had left no practice unatempted to supplant the School as indeed is true.  
39 That Smith (going on with that Commission upon the said Information) practised again 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 suit in Chancery against Haruy and Fisher. That cause was referred to Sir james Hussey, 
q Report.  who reported that it was reasonable Fisher should accept of the principal, which was 50. pound. which Fisher refused, whereupon Crokey obtained a Warrant from the late Lord chief justice and others his Majesty's Commissioners appointed to hear the causes of Prisoners for their relief, directed to the said Haruy and Fisher for their appearauce before the said Commissioners for Prisoners; But the said Haruy upon the first summons appeared not, nor did Haruy appear at all, but upon the second summons Fisher appeared. And the cause being heard 
r Certificate of the Commissioners, and their opinions.  Fisher would not conform himself to any order; Whereupon the Commissioners gave him further day, and then appearing also, would by no means or mediation conform himself, but stood out in contempt of that Commission, then affirming that he would have the extremity of the Law against Crokey, and which the said Commissioners have 
r The same Certificate.  certified, and of their opinions therein. And further, Fisher gave forth in speeches, that he cared not for his debt, nor for the whole money upon the Execution, for he would make dice 
s Affedavit.  of Crokeys bones. And therefore, and for the reasons aforesaid declared in the 37. Section. Crokey is verily persuaded, that Smith had his hand in all these matters between Crokey and Haruy, Ashman and Fisher, Crokey doth know that one 
t Not to be denied.  Farrer a Clerk in Chancery, was a chief Agent in this confederacy.  
40. That the said 
u Commission. Order.  Commission so awarded upon the said Information, did bear Teste, 24. july anno 20. Regni regis jacobi, and was grounded upon an Order in Chancery of the 23. of November. Anno Regni regis jacobi 18. which was before the Parliament. And which Order was granted upon his late Majesty's Reference upon Smith's Petition, wherein were diverse untrue suggestions, as before Section 31. and which are also there answered. And that his Majesty's Reference upon so false a petition, should be so fare extended in the behalf of Smith, that sought to supplant the School, and to do all wrong, and that not only his Majesty's former References, but also his several directions upon several true Petitions presented by Crokey in behalf of the School, and Crokey, before mentioned Section 20. 26. 30. should be altogether neglected and slighted, as also the directions by Parliament between the time of the said Order, and the time of the hearing (whereupon the said Order of the 17. of july, Anno 20. Regni regis jacobi, which was some 22. months after) Crokey most humbly submitteth himself to the consideration of his Majesty, and this high and Honourable assembly. And whether Smith in this business hath showed his power, his subtlety, and unconscionable practices, and consequently his abuses both to his late Majesty, and his Magistrates and judges. For the manner of the execution of the last mentioned Commission: It was as Crokey before imagined it would be, when he laboured to have had an alteration of the Commissioners names; But as to that Crokey hath fully spoken in his answer to the Decree, grounded upon the said Information and order of the 23. of November, and upon the said last mentioned Commission thereupon, Sect. 42. number 4.  
41. That for diverse indirect practices and misdemeanours done by the said Smith and his confederates, tending to the supplanting and overthrow of the said School, Crokey (being encouraged by the Archbishop of Canterbury, who had well informed himself of the cause on the behalf of the School) exhibited a Bill into the Starchamber against Smith and others, and served Smith with a Subpena before the Parliament in anno 1619. But Smith having attained the place of a Burgess in Parliament as before is said, Crokey was delayed for the time of Parliament, and long after (which was about 16. months) before Smith could be brought to Answer; In the end Smith answered. But so it was with Crokey, that by that delay of Smiths, and Smiths other said practices together, Crokey was disabled and decayed in his estate, and imprisoned in manner and by Smiths means as aforesaid, Sect. 37. And yet Crokey (having a constant care for restoring the said School and possessions thereof, and being desirous to discover the practices and misdemeanours by Smith and his confederates, opposors, and declared enemies thereto set forth by and upon his said Bill in the Starchamber) took out 5. Subpenaes' against the other Defendants. Dated 30. january, Anno Regni regis jacobi 20. upon which day the cause upon the said Information in Chancery came to be heard the second time before the Lord Keeper, justice Chamberlain, and justice johnes Assistants. Whereupon the Court decreed not only contrary to, and against the said Commission so awarded by Parliament upon the Statute of charitable uses, and against the said Inquisition, Certificate, and Decree, upon the said Commission, but also against Crokeys particular right. At which hearing, Crokey was not admitted to produce any matter in behalf 〈…〉 of himself, but was enjoined to forbear all further suits against Smith; Nor was there any further time spent upon the said hearing, then opening the said Information, Survey, and Certificate upon the said Commission so awarded upon 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 becometh) doth present to the consideration of your Majesty and this Honourable assembly.  
1. That whereas the cause by his Majesty was referred to the Lord Hobart, and the other two judges of the Common Pleas, touching the re-establishing of the School and possessions thereof according to the first foundation, and to settle a final end between Smith and Crokey for Warrens Court between them controverted. 
1. This is answered by the said Commission awarded by order in Parliament, and Certificate, and Decree thereupon, and upon the waving and arguing all exceptions, Sect. 27. And by the Rules made by Smiths assent, and concluding of Errors by like assent, Sect. 16. And by the Verdict and judgement thereupon with Smiths commitment for not yielding possession to Crokey according to the Rules, Sect. 32. and according to Crokeys right affirmed by Verdicts, Nonsuits, Decrees and Orders in 33. several suits before mentioned, Sect. 14. 36, 37.  2. And whereas 14, july 18. Regni regis jacobi, the Lord Hobart & other judges, did after several hear direct, that an Information should be 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 avoiding of further suits, and not warranting any or other, than were then depending.  3. And that in Michaelmas Term following, an Information was exhibited, whereunto Smith and Crokey did in the same Term Answer, and thereupon an Order was made the 23. of November in the same Term whereby a Commission was to be awarded to Commissioners to be named by the Lord Hobart for surveying of the Schoole-lands, and of the Lands controverted between Crokey and Smith. And because Crokey attended not but betook himself to other courses, did not nominate the Commissioners. But the Lord Keeper i●. julij 20. Regni regis jacobi, did confirm the former Order of the 23. of November: And that his Lordship did in open Court nominate the Commissioners, and on the 19 of the same july, his Majesty's Attorney did give special directions for execution of the said Commission. 
3. An Information was so exhibited, and orders so made, howbeit Crokey had good reason to go on in that course upon the Statute of Charitable uses wherein he had begun, rather than to assent to any other, much less to any thing that might have withdrawn him from that course, and whereof his Majesty, the Parliament, the Lord Archbishop, the Lord Chancellor, and others reverend Bishops were possessed, and had taken notice, and wherein the Parliament had given order; whereupon a Commission was awarded, and executed duly: And upon that an Inquisition, Certificate, and Decree were made and returned, which was a year before the said Order of the 1●. of july, and the order of the 23. of November was 16. months before that of the 1●. of july, so as Smith stirred not upon that Information during the Parliament, but it no sooner was ended, but Smith then began again to revive and set on foot 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 exactness and a Survey made, which in Michaelmas Term following was returned with the Commissioners Certificate, declaring that they did appoint others sufficient men to Survey the premises with the Metts and bounds, appointing them to attend with their Survey at Wooton on the 10. of the same September: At which time they appointed for the Survey (being approved of by Smith and Crokey) did deliver in the Survey, which was read in the presence of Smith and Crokey, and of the Mayor of Wooton and diverse others of the chief Townsmen there, & of many others sent for at the instance of Crokey, & examined as witnesses upon their oaths, upon Interrogatories by him exhibited, which upon their examinations did agree with the Counterparts of Leases of the said possessions voluntarily produced by Smith, and that they found the Survey to be just against which, neither of the defendants or others their present did or could take any exceptions. 
4. Crokey did neither approve of that Survey, nor Certificate annexed, nor did the Commissioners particularly examine Witnesses upon 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 over, and then the Commissioners asked them then present (which were only such as Smith would have there) whether they could say any thing to the contrary, without any further or other examination, whereat Crokey shown himself much discontented, and took exceptions at the then proceed, and the same altogether disliked and so told the Commissioners and some there assembled, nor was there any depositions or examinations upon oath, nor be any returned or upon Record in that cause, nor did Smith then produce all the Courterparts of the Leases of the School lands, but only of such parcels as he pleased, and would not suffer any Tenant of the School to produce any other, nor did Crokey allow of the Surveyors, for they had made the Survey before Crokey did know of any such matter, and they were Smiths near neighbours and friends, and such as had some dependency on Smith: nor did there appear above 6. or 7. of 39 Tenants that Crokey would have had there, and for which purpose he tendered their names to the Commissioners in writing, but they would not receive it, nor send for more than for such as Smith would have. And in this manner was that Commission executed.  5. That the substance of which Survey declared in effect that the possessions of the School did consist of 31. houses and 162. Acres and 10. pertches, And that the yearly Rent of the premises than was 21. pounds 4. shillings 6. pence. and that the yearly value of the premises to be improved above the said Rents, was 121. pounds 17. shillings 2. pence, And that Warrens Court contained one Message, one fulling Mill, and 54. Acres, and 10. pertches, and that the yearly value of the same than 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 unexpired 10. years at Lady day next ensuing. 
5. Smiths Patent from his Majesty doth mention 39 Tenements as in truth there be, & the land belonging to Warrens Court by smith's own showing amounteth to 130. acres, as in the Section, & the whole value of the School lands is certified by the Lord Archbishop of Canterbury, the Bishops London & Winton, to be 300. pound per annum or thereabouts, Crokey had 21. years in Warrens Court, when he first began suit against Smith, But further as to the present Revenue of the School Crokey doth affirm 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 only the remainder of the old Lease of 88 years in Warrens Court belonging of right to Crokey, and such Leases as Smith hath 〈◊〉 made. As for the Lease of 99 years supposed to be bought by Smith of the Duports, that Lease is fraudulent and so always hath been found.  6. That upon the Information, Answers, Commission, Certificate, and Survey, and by an Order made by his Lordship 12. December, in the said 20. year of his late Majesty's reign for using of depositions formerly taken between Smith and Crokey in Chancery, the cause was heard, and at large debated by his Majesty's Attorney General in behalf of the School, Sergeant Crew, Sir john Walter, Master Finch Recorder, and 6. others for Smith, and Sergeant Richardson, Sir Laurence. Hid, and Master Farewell for Crokey. And upon the opening of the Information, Answers, reading of the Certificate and Survey, and upon 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 july. and the Certificate in that order of the 17. of july mentioned, were made (as it seemeth to Crokey) to no other intent but to bring in Crokey, and to make him liable to that suit brought into Chancery upon the said Information for Crokeys own particular cause touching Warrens Court. At which time Smith was imprisoned for not yielding 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, Answers and reading of the Certificate and Survey according to the Commission awarded upon the Information, howsoever the words of the Decree do make show of.  7. That in 8. Ricardi 2. Katherine Lady Berkley Widow did obtain of the said King and of Thomas Lord Berkley then Lord of the fee Licence for founding the School, to consist of a Master and two poor Scholars Collegiatly to live together, and to have a perpetual succession, And for indowing the School with the said Lands 2. Feoffees were trusted by the Lady for purchasing the said Lands, to hold according to certain ordinances by them to be made, and that accordingly the School was founded, and the Lands assured by the Feoffees to the Master and Scholars and their Successors for ever; to be holden according to the said Ordinances: And that the School and possessions thereof were employed according to the said foundation and institution, until the 37. year of K. Hen. 8. 
7. Crokey with this doth agree in all, saving 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 be made by the foundation, saving the Habendum therein, which only declared the estate, as by the Certificate and Decree upon the Commission for charitable uses expressed, and before related in the 37. Section, Nor was the foundation or institution discontinued until Smith began his practices to supplant the School. And Cold well was lawfully presented and made Master of the School, and the Lease by him granted of Warrens Court was good in law: there having been 33. several Suits in Affirmation of the same.  8 That on the 18. of May in the said 37. year, Robert Coldwell then Schoolmaster of the said School did demise Warrens Court unto William Thomas his Executors and Assigns from Lady day than last passed for 88 years for the yearly Rent of 48. shillings, and to the chief 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 remain to Richard, William, Katherine, joice, Elizabeth and Mary, children of the said Alice by one john Moor her former husband, and made Alice his Executrix and died. 
8 Crokey confesseth all this to be 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 Moor for 21. years, and that after in the 13. year of Q. Elizab. Reignold did grant the remainder and Rent, and all his estate in Warrens Court to john Sprint then husband of joice. And afterwards in the said 13. year of Q. Elizab. died, that john Sprint in the same year did grant all his title 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 died; And in this manner Smith made his title to Warrens Court, and affirmed that he had diverse Verdicts and Nonsuits at the Common Law, and one Decree, and three Dismissions in Chancery for confirmation of his said title. 
9 Whilst Grace, smith's first wife lived, Smith claimed no further or longer interest in Warrens Court then for her life. And as for Sprints title, it is but a mere suggestion and foisted into this Decree, which Smith could never prove: Nor did Smith in this suit upon the Information (being a part of the ground of this Decree) once endeavour or offer to prove any such title. Nor did Smith ever speak of that title of Sprints, until all the rest of his titles for the inheritance of all the School land's failed him, upon which his titles of inheritance to all, he stood so long as possibly he might, and until he perceived all his practices for maintenance thereof, were discovered by Crokey, as may appear by that before related, Sect. 17. And by the Certificate and Decree upon the Commission for charitable uses, Sect. 37. numero 1. 2. Besides it appeareth by the several Answers of Alice and Grace in Chancery, Anno 26. Eliz. to the Bill of all the other Legatees, that they made no further or other claim then for their several lives formerly related, Sect. 6. 7. & 8. Nor hath there ever any Verdict, Nonsuite, Decree, or dismission passed in affirmation of any title controverted between Smith & Crokey.  10. That Crokey made his title to Warrens Court by a Deed from joice (being Suruivour of the 6. Legatees) by a Deed dated anno 11. Regni regis jacobi, and did affirm that he had a Verdict for his title. 
10. Crokey doth affirm this to be the true and only title, for which he hath had a final Trial, Verdict, and judgement upon a deliberate hearing, as is at large before related, Sect. 16. and 32. for which Smith hath been twice committed to the Fleet for not yielding possession to Crokey.  11. That it did appear to the Court that anno 34. Eliz. john Duport being Schoolmaster, did demise Warrens Court and other the School lands (except one Chamber and the Schoolehouse) unto his brother james Duport for 99 years for 40. shillings per annum; And that james Duport, anno 2. jacobi for 100 pound fine, did make a Lease to Smith of Warrens Court for the residue of 99 years 10. days only excepted, and in 6. jacobi, james Duport did for 300. pound grant unto Smith his whole estate in all the premises. 
11. If the School and Possessions thereof, were never since 37. H. 8. employed according to the foundation and institution, than had Smith no reason to deal with any title from the Duports, much less now to urge any such, But in that Smith bought in the Duports titles, he must needs show his great desire to supplant the School, and to get the possessions thereof, and thereby to eclipse all other just titles. And Smith (being a Lawyer) did always well know that the Duports had no title to any part of the School lands, nor lawfully placed in the School, Nor did Smith ever give 100 pound for all his titles. As for the 40. shillings Rend supposed by Smith, that was a rent only agreed upon by john and james Duport, whereas the ancient Rent of the School was 23. pound per annum, which james Duport deputy Schoolmaster to john Duport, did receive until Smith had bought in manner as aforesaid the Duports out.  12. That it did further appear, 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 heirs under the yearly rent of xj. shillings. And that from them it came to Andrew Phillips, Thomas Chamberlain, and Edward Bishop and their heirs. And in the 15. year of his late Majesty's reign, Smith having been in possession of Warrens Court ever since his said Marriage, did for 200. pound buy in the several titles and pretended estates. And for strengthening his title, did for 5. pound obtain another Patent upon the Commission of defective Titles for xj. shillings rend. 
12. Smith practised upon these titles, as before upon the Duports titles, well knowing all to be naught as may well appear by the suit brought in the Exchequer between him and Bishop, Sect. 17.  13. That it did also appear to the Court, that Smith did take a course for establishing the School (as formerly for 9 years before he had increased the Rent of 40. shillings to 12. pound per annum to the Schoolmaster) And that whereas at that time by reason of the long Lease for 99 years the revenue of the School was but forty 〈◊〉 per annum, Smith did convey all the Premises discharged of the long Lease, except that which lieth in Nibley together with the fourth part of fines upon Leases, and all the residue to other charitable purposes to certain Feoffees and their heirs to the use of the Schoolmaster and his Successors; And that Smith both in his Answer, and then in Court submitted his titles to the disposing of the Court. 
13. That when Smiths back was at wall, and that he knew not what way to turn him by the opposition of Crokey. Then Smith) to colour and face out the matter as he ever before did) might make such a show to the world when he meant nothing less, for if he had meant truly to the School, and intended to have maintained her first foundation, he would never have so practised to have supplantad it as before is showed. And well he might submit all his titles to the disposition of the Chancery (none of them being good but all fraudulent, and he having no right at all) there consisting his only hope when all others had failed him. Nor hath Smith laid open or submitted all his titles to the Chancery, for that title from Cowper, Browning, and Bolton, Smith hath concealed and still doth conceal the same, with intent no doubt, but the same to revive and stand upon in time to come, for the inheritance of all the School lands when all matters now in hand shall be dead and forgotten. As for the 40. shillings & 12. pound Rent, the same is answered before, Numero.  14. And although Crokey for his own ends had prosecuted some Commissions upon the Statute of charitable uses, yet it appeared by Affedavit Orders, and his own Answer, that in the 16. of his Majesty's reign he did give in evidence at Wickwar to the Commissioners for concealed Lands, and that upon his oath & evidence by him produced, all the premises were found to be concealed, and that he took a Bond of 2000 pound of the prosecutors of the said Commission. That the Fee farm of Warrens Court should be conveyed to him and his heirs at the yearly Rent of 40. shillings. 
14. Crokey did not so prosecute for his own ends, but in behalf of the School only, for Crokey did well know his title 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 under which Crokey claims. For the Aff●dauit supposed to be made, Crokey cannot believe there was any such, and if any such matter were, then whether the same should be so material, as whereupon to decree any point is the question, But Crokey too well doth know that Smith was never without Affedavit Instruments. And for the Orders Crokey hath before answered in the 26. Sect. Nor doth any such matter appear by Crokeys Answer as is here foisted into the Decree for Crokey by his Answer cleared himself. And for the evidence supposed to be given in by Crokey, that is cleared, Sect. 22. & 23.  15. That upon consideration of all which the Lord Keeper and Court of Chancery assisted by justice Chamberlain and justice jones were of opinion, that the said Lands did not come to the Crown by the Statute of Chantryes, And that the said long Leases are void in Law and equity, for either the Master and Scholars are a Collegiate Corporation, and then must join in the Leases, which they did not, or else the said Master was presentative, and in that regard the said Leases being made only 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 perform the said Ordinances are void also. And for that the long Leases tend to the destruction of the School 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. Scholar's should be joined with the Master in letting Leases, for that there is no such matter in the Institutions or Ordinances, but thereby the two Scholars were to be admitted at 10. years at least, and to continue there but 6. years, and they were by the Ordinance subject to correction by the Master. But it is plain, that the School lands were always let by the Schoolmaster only; and for the Bishop's confirmation of the Leases, it is as unlikely, nor can it be proved that there was ever any such thing, nor doth the foundation mention any such matter; nor were there any Ordinances made upon by or after the foundation, but long before, nor was the same ever in question or any part of the land. And yet Crokeys Ancestors held Warrens Court for 70. years under Coldwells Lease: And therefore it plainly appeareth, that all the said points in this part of the Decree are but only mere suppositions and suggestions by Smith to delude the Court.  16. Therefore it was decreed that all the said titles both under the said Letters Patents and also the said Leases, and all other Leases and estates made by any Master should be void, And all Bonds and Covenants made for securing the same should be delivered up and canceled; And that the same should be called in, and all the possessions reestablished in the School, and all the lands mentioned in the said Certificate and Survey were decreed to the School. And that if any other lands should be discovered for the School, the Court would take such further order for establishing thereof to the School as should be fit. And that all the premises should be surrendered to his Majesty, that the same might be regranted to be employed for the establishment of the School, and the Master and Scholars there, and for the maintenance of a greater number of Scholars, according to the increase of the Revenues as occasion should be. 
16. This clause taketh away Crokeys lawful title, It maketh void the final Trial, and Verdict and judgement 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 School to the heirs Males of the said Thomas Lord Berkley and the inheritance of the School lands to the Schoolmaster of that School lawfully presented as the same contin●ed for about 200. years, and to transfer the said Patronage and inheritance by colour of such a Surrender Crokey doubteth whether it be warrantable by the Statute of charitable uses, and whether the foundation may be altered but by act of Parliament. And what a reach Smith hath in this point of the Decree for getting in all his Bonds and Covenants which he hath run into for maintenance of his unjust title to the Scho●le lands every one may discern.  ●7. And because it appeared by the Survey that diverse Messages and parcels of Land, part of the premises are and long had been in the possession of diverse, whereof many are of mean ability having paid fines. And if they should be removed from the same would impoverish them, It was therefore decreed, that they should have reasonable Leases (not exceeding three lives) made to them without fine for the increased Rend of a third part of the yearly value thereof according to the said Survey, and the opinion of the said judges Assistants, and Master Attorney general, to whom his Lordship referred the perfecting of this Decree. 
17. The Fines that they have paid have been 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 Attorney General had any hand in this Decree, as it is entered upon record. But that it was done by Smith himself and his Council. And very likely it is that Smith hath used some slight in procuring the same to be thus entered. And that herein he hath abused the Court, the judges and Master Attorney not caring whom he abuseth to work his own ends.  And because Smith was in quiet possession of Warrens Court for diverse years after his marriage, And that by buyin the long Lease of 99 years, and estates of the Patentees he had been at 700. pound charge, and had bestowed great charges in building, and that many parcels of the School lands lie in several places intermixed and enclosed with his own Fee simple lands. 
18. Smith had never any quiet or lawful possession longer than his wife Grace lived, who died about 12. years since, and then Crokey claimed and entered, and ever since hath sued for that his right to Warrens Court: Nor hath Smith been at above 100 pound charge as Crokey is informed in buying all the said bad titles, what he hath bestowed in building was but to outface the world, and the better to colour those his bad titles. Nor do the lands lie intermixed, but those lands that Smith pretendeth to lie so, or the most thereof are lands also belonging to Warrens Court (for Smith hath made no account how he came by any other lands there) and are the residue of the 130. Acres which Smith himself hath confessed as before is said in the 15. Sect. though in this business he hath caused the same to be found but at 58. Acres and 10. perches that Survey being upon Smiths own setting out, and wherein Crokey had no hand nor thereof any knowledge until it was done.  19 And that it appeared his intention was not to diminish the Revenues of the School 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 have an estate in Warrens Court and of the intermixed lands in Nibley made to him for such three lives or for years determinable upon such three lives as he should nominate without impeachment of waste for a like increased Rent of a third part. And the heirs and Assigns of Smith from time to time for ever upon request, should have an estate of the same renewed to them in manner and for the Rent aforesaid. 
19 It plainly appeareth that Smith's intention was not only to diminish the Revenue of the School, but utterly to supplant, for so it appeareth.  
1. By buying the Duports titles mentioned, Sect. 10.  
2. By buying the titles of Cowper, Browning, and Bolton, mentioned, sect. 10.  
3. By letting Leases of the School lands as his own, sect. 11.  
4. By keeping of Courts in his own name as Lord and owner of all School lands, sect. 11.  
5. By his fraudulent suit brought in the Exchequer, wherein he claimed a Fee simple in all the School lands, sect. 17.  
6. By buying of Bishop's title, and taking a Patent upon the Commission of defective titles of all the School lands, sect. 17.  
7. By his Information brought against Crokey and the said joice in the Common-pleas, wherein he set forth a seizen in fee of Warrens Court, sect. 15.  
8. By his Bill or Information in Star-chamber against Crokey and others, wherein he made like claim, sect. 17.  
9 By managing all those titles from time to time, and so consequently his own title for the inheritance of all the School lands, sect. 17. and Certificate and Decree upon the Commission for charitable uses, sect. 37. numbers 1. 2. 4. 6. & per ordinum 23. Non. sect.  
10. By his labouring to make the School lands Chantry lands, sect. 17. 21. 22.  
11. By crossing and withstanding at several times his late Majesty's directions, and the directions and proceed 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 endeavours in behalf of the School, and by multiplicity of causeless suits, and his many other practices and delays, all which being before manifestly proved. By decreeing and such an estate to Smith and his heirs, is utterly to take away Crokeys' title already duly determined and adjudged by Law, for Crokey after 12. year's 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 forbear to determine the title between the Defendants otherwise then by Decreeing the said Leases to be void, And did further order that all suits and prosecutions touching the title between the Defendants should cease and several Injunctions were awarded against the Defendants accordingly. 
20. Here is no difference made between Crokeys just title proceeding from the lawful Lease of 88 years made by Coldwell and the unlawful Lease of 99 years made by Duport 60. years after, and it had been all one to Crokey if the Court had in plain terms taken away his title as to dam the Lease under which he claimeth and by which he hath right, and to debar him of all further suits for his relief; As for debarring Smith from suits against Crokey there was no cause, and therefore that is but a shadow laid on by Smith to make the Injunctions seem equal.  21. And whereas the judges and Master Attorney did certify his Lordship that upon every Tenant's improvement the third part will amount to the increase of 47. pound per annum, out of which they thought fit to assign 26. pound 13. shillings 4. pence per annum, to the Schoolmaster and five pound a piece for 4. Scholars, and their stipends and number might increase as the Revenue should increase by expiration of estates. It was therefore decreed, that 26. pound 13. shillings 4. pence should be allowed to the Schoolmaster, But with this that the Lord Keeper did think fit, and so did decree that there should be five Scholars, and the stipend should be four pound per annum a piece. And the stipend and number to increase as should the Revenue; Saving always to the Court power to direct and settle the Regulement and establishment of the School. 
20. Here is no difference made between Crokeys just title proceeding from the lawful Lease of 88 years made by Coldwell and the unlawful Lease of 99 years made by Duport 60. years after, and it had been all one to Crokey if the Court had in plain terms taken away his title as to dam the Lease under which he claimeth and by which he hath right, and to debar him of all further suits for his relief; As for debarring Smith from suits against Crokey there was no cause, and therefore that is but a shadow laid on by Smith to make the Injunctions seem equal.   
❧ May it please this High and Honourable Assembly to observe, that the said last recited Decree is grounded upon a Commission of Survey without examination of any Witnesses upon Oath as the Commission required, neither are any depositions of Record in that cause nor the Suruayers sworn.  
Which Commission of Survey and Decree, proceeded by virtue of Smith's cautelous Petition to his late Majesty and Reference.  
Whereupon the late Lord Keeper granted the said Commission of Survey as aforesaid, which is merely repugnant to the directions of the Lords Grace of Canterbury, and proceed of the late Lord Chancellor and diverse other Reverend Bishops, and contrary to the directions of the most Honourable the higher House of Parliament, and the proceed thereupon by Reverend Bishops and others, according to the Statute of Charitable uses, as by the inquisition Decree and Certificate found for the said School appeareth.  
Whereby Crokey humbly prayeth this Honourable Assembly to take in consideration.  
had little expectation of any good success by that suit in Starchamber, being so foiled by that Decree in the ground and main of all his suits against Smith. And yet Smith (upon Crokeys' forbearance in that Starchamber cause) procured 52. pounds costs to be taxed against Crokey, though Crokey proceeded no further than to Bill and Answer of 3. Defendants, with which 52 pounds Costs Crokey is now also charged in the King's Bench.   

Matters thus standing, and being in this conflict between Crokey and Smith.  
May it please your Majesty, and the rest of this high and Honourable assembly to consider by how many ways, all in places judicature and authority may be deluded, and abused in the administration of justice, by Impostors, practices, plotters, and deceivers, that bend their minds and endeavours wholly to injury and oppression, without regard whom they delude, deceive, and abuse, for their own impious ends, seeming not to dread any punishment either in this life, or in the life to come, most impiously outfacing and deluding all justice and authority, as in this man Smith, your Majesty and the rest by this plain Relation may discern.  
Crokeys most humble suit wherefore, is in the conclusion as in the beginning: And that the matters before spoken of, and wherewith Smith is charged, may be examined by this high and Honourable Assembly that the right may appear, and so be adjudged and determined, and in such sort as shall seem most fit, wherein Crokey under reformation particularly offereth to consideration the particulars ensuing, viz.  
That the Commission, Inquisition, Certificate, and Decree, upon the Statute of charitable uses by direction of Parliament 16. may be maintained and prosecuted; and that the said last recited Decree in Chancery to every point whereof Crokey hath answered, may be made void by authority of this present Parliament.  
That the School and possessions thereto belonging may be reduced according to the meaning of the Founders, with such other additions as this high Court shall hold meet and agreeable to the time.  
That 〈…〉 Peter Bird, placed upon part of the School lands by Smiths means, and Cowper now placed as Schoolmaster may be removed, for that they have been, and are practisers with Smith in all or most of his designs for supplanting the School, and his instruments always ready to execute any evil act for Smith.  
But what order it shall please your Majesty and this high Court to award for Crokey, in respect of his long and great expense of his whole estate and more, to the value of 2200. pounds for the rectifying of the said School, and defending the title of the School, to the utter neglect of all his own affairs, being before a Merchant of good credit and trading.  
And for Crokeys right and possession to and in Warrens Court according to his ●●●●ence, and according to the Final trial, Verdict, judgement, and Rules in Court, and according to his Majesty's directions mentioned in Section the 30.  
And for the mean profits of Warrens Court worth 80. pound per annum, by Smith wrongfully kept from him since Crokeys first entry, which is 12. years.  
And for the 297. pounds Costs which Smith was to pay Crokey for wrong vexation in Starchamber some 7. years detained, as by the Dismission and several Orders, and Bill of Costs mentioned, Section 18.  
For the remitting of the 52. pounds Costs obtained by Smith unduly in Starchamber against Crokey upon Bill and Answer mentioned in the 41. Section, for Crokeyes great labour and toil both of his body and mind 12. years together, with the wasting and consuming of his vital spirits in bearing the assaults and insufferable wrongs of Smiths impiety, and improbiety in the preservation of the said School being moved thereunto for God's cause, and no benefit to himself without contribution of any, with the blame of many of his dearest friends for so great earnestness in a common cause generally neglected and violently opposed, that unless the special mercy and great goodness of God had assisted and strengthened his weakness in so sore a conflict, in so just a cause, which Crokey holdeth to be more precious than life itself, (as in the 4. Chapter of Ecclesiasticus the 28. verse) Strive for the truth unto death, and defend justice for thy life, and the Lord God shall fight for thee against thine enemies.  
Unto all which Crokey most humbly submits himself.