Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 31 die Januarii,
Increase of Trade.
Lady Stranges Naturalization.
Preserving His Majestys Revenue.
Ordered, If Roger Clay and John Segar, who are in the Serjeant's Custody upon the Complaint of John Glanvill, Esquire, for Breach of Privilege, do repair unto the Clerk, and enter into Bond to attend the Committee for Privileges, that then they shall be discharged out of the Serjeant's Custody.
Crokey vers Smith concerning Wotton Underedge School.
The Lord Archbishop of Yorke reported, That the Committee for Petitions had considered of the Petition of Benjamyne Crokey against John Smith, on the Behalf of a Grammar-School in Wotton Underedge; and that their Lordships found, that the said School was endowed with fair Possessions by the Widow of the Lord Berkley, in the Time of Richard the Second, which were much abated by a bad School-master in the Time of Henry the Eighth, who made a long Lease thereof (which yet continues) at a small Rent of Forty Shillings per Annum; that, by a Decree of the Chancery; the Rents thereof were increased to Seven and Forty Pounds per Annum, or thereabouts; the said long Lease being declared void, and each Tenant being ordered to pay a Third Part of the Value of their Lands, upon a former Survey there of returned into the Chancery; but the Committee are informed, by the said Crokey, that the said Lands are much undervalued by the said Survey, and so a full Third Part of the Rent not settled upon the said School, as the Chancery intended; and that the said Crokey, by his Counsel, affirmed, that the said Lands are worth Two Hundred and Fifty Pounds per Annum; and the said Crokey himself avoweth them to be worth Three Hundred Pounds per Annum, or thereabouts; and that the true Value thereof could not appear unto the Com missioners of the former Survey, by reason of the cunning Practices of the said John Smith (a potent Man in the County of Gloucester, where those Lands do lie); and, on the contrary Side, the said John Smith affirmed as confidently, that the said Lands are no more worth than One Hundred Forty three Pounds odd Money per Annum; wheresore the said Committee thought fit that a new Commission of Survey of the said School-Lands be awarded out of the Chancery, unto Commissioners who dwell out of the said County, to be named by the House, to survey the said Lands by a Jury.
The School Lands to be surveyed.
Ordered, A Commission to be awarded out of the Chancery unto the Parties here undernamed, any Three or more of them, to survey all the Lands (in their own Persons), which do belong unto the School in Wootton Under-edge, in Comitatu Glouc. and to appoint skilful Surveyors, and to swear them to make a true and exact Survey thereof.
Mr. Drewe of The Devysees.
Sir. Edward Baynton.
Sir. Edward Hungerford.
Sir. George Wroughton.
Mr. Tho. Ivye of Hellington.
Sir. Hen Poole of Okescy.
Sir. Walter Smith.
Mr. Daniell of Marleborough.
Crokey's Petition for a Hebeas corpus, to be present at the Survey.
A Petition of the said Benjamine Crokey was also read; shewing, That the Power of the said John Smith is such in Gloucestershire, that, unless he the said Crokey be present at the executing of the said Commission, he shall not be able to maintain his Assertions on the School's Behalf, but he doubteth not to prove the true Value, as he hath informed the Committee; as also to prove that the said John Smith hath exchanged Part of the said Lands, and taken away and defaced the Metes and Bounds thereof; and prayeth a Habeas corpus, etc. to attend the said Commission, putting in sufficient Caution to the Warden of The Fleet; and that he may have the carrying of the said Commission, and that the said John Smith may bear the Charges thereof, for that he the said John Smith doth receive the Profits of a great Part of the said School-Lands.
Ordered, A special Habeas corpus to be awarded, and directed to the Warden of The Fleet, to bring the Body of the said Crokey before the Lord Keeper, to the Intent he may attend the said Commission accordingly; and touching the Charges of the said Commission; it is further Ordered, That the said Benjamine Crokey shall, according to his own Offer here this Day in Court, bear all the Charges of the said Commission; and, if he the said Benjamyne Crokey shall convince the said John Smith of that he chargeth him with, touching the Value of the said Lands, in such Manner as shall be approved of by the said Lords Committees for Petitions, then he the said John Smith shall repay all the said Charges unto him the said Benjamine Crokey again, or to such of Crokeyes Friends as shall disburse the same for him.