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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A23851 An Abstract of the case of Francis Rockley, Esq. hereunto annexed Rockley, Francis. 1666 (1666) Wing A125; ESTC R1338 15,524 12

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occasion should so require and to Assigne the said Statute of 1800 l. for making the same good unto them to the said Hayfords use notwithstanding the said Mr Rockleys Applications made to the said Brooke before the said Confaederates upon secure terms to the said Brooke to grant the same unto him and though all such pretensions also are satisfied which the said Mr. Rockleys estate is kept from him upon then by most sinister practices the said Confaederates endeavoured upon the said Statute of 1800 as well to evict what is payable by the said Lionell Copley only by Covenant unto the said Mr. Rockley and therefore not extendible as the rest of the said Mr. Rockleys estate from him by supply thereof to accord with the said Mr. Rockleys Creditors by means of his own estate to purchase the same from him To the High and Honourable the House of Peers in Parliament Assembled The Humble Petition of Francis Rockley of Rockley in the County of York Esq now Prisoner in the _____ Sheweth THat your Petitioners most humble Suite is being to be relieved against several most horrid practises cheats and combinations exercised upon your Petitioner by means of an Imprisonment for debts contracted upon him by his Fathers and his own Loyalty by Confaederacy of one William Hayford a ●●te Maenial Servant of your Petitioners held with Margaret his Sister now the wife of Thomas West John Spencer James Brooke William Wilkinson and Robert Beard whereby your Petitioner is and hath been after a most barbarous manner bereft of his Liberty and of an Estate of 850 l. per annum and of most of the same for most of the time of eight years last past and of a great personal Estate to the hazard of anutter ruine upon your Petitioner and his Family of very great Antiquity and having no relief at Law against him for the same as by the annexed Case more fully appears nor at equity of Law for what he is thus bereft of the said Hayford having pleaded Outlawries unto a Bill which your Petitioner exhibited against him for the same in Chancery and thereby abated your said Petitioners proceedings That this most Honourable House will cause all the said Confaederates to appear in this Court there to answer the Petitioners Case exhibited against them and will cause them to produce all the several Evidences which each of them have claim'd any of your Petitioners Estate real or personalby and all your Petitioners other Evidence Bonds or of what nature soever in their or any of their hands and will stay the said Confaederates from committing any more waste in your Petitioners Estate and from taking away the product of what they have committed and will stay entrance of Judgement upon any Verdict obtained by them against any of your Petitioners Tenants the last Assizes held at York till the hearing and determination of this cause and will give order for the Right Honourable the Lord Keeper of the Great Seal of England to award his Majesties Writ of Ne Exeat Regnum to secure the said Hayfords appearance before this Court the said Hayford having committed so many and so enormous misdemeanors and engrofs'd so great sums of money out of your Petitioners Estate to his own use that it must be reusonably apprehended the said Hayford intends to withdraw himself and avoid question And that this most Honourable House will be pleased further to Order the said Right Honourable the Lord Keeper to award his Majesties most gracious Writ of Habeas Corpus to the _____ for your Petitioners Liberty to attend the prosecution of this cause till the same be ended and that upon a full hearing such satisfaction and reparation may be given your Petitioner for his damages losses and sufferings and such punishments may be inflicted upon the Delinquents as the Justice and Merits of your Petitioners cause shall require And your Petitioner as bound shall Pray c. The Case OF Francis Rockley Esq FRancis Rockley being seized in June 1649 in his Demeasne as of Fee of and in the Mannor of Rockley with the rights members and appurtenances thereof and of the Capital Messuage Rockley and the Demeasne Lands thereof and divers Messuages Lands Tenements and Hereditaments Mills Woods Underwoods and Mines within the Parishes of Silkeston and Darfield in the County of York to the said Mannor belonging then much lessened in their value by the injury of the late commotions Robert Rockley Father of the said Francis during his lise time and the reft of his Family throughout all the said troubles having been solely ingaged in the Service of his Majesty King Charles the First against the late pretended Parliament and being rightfully possessed of the Mannor of Worsbrough and lawfully seized of and in divers Messuages Lands Tenements Mill● Woods Underwoods and Mines part and parcel of the Mannor of Worsbrough in Darfield aforesaid which last mentioned premises in Worsbrough aforesaid besides the Mines were then in possession and Reversion of the yearly value of 400 l. per annum and upwards The said Francis Rockley being of all the said premises so lawfully feized or possessed and being heir ar Law and Executor of the said Robert Rockley his Father the said Robert Rockley the Father dying in or about November 1644 and being become indebted unto divers and sundry persons in several great sums of Money for payment of portions to his Sisters and contracted upon him by his Fathers and his own Loyalty to his said Soveraign The said Francis Rockley towards the payment and satisfaction of his Composition with the late pretended Parliament for his estate sequestred from him for his said Loyalty after the especial direction of his said Majesty King Charles the First near the clause of his days given unto the said Francis Rockley so to do and for and towards payment and satisfaction of some of his debts and for the better managery of his estate so laid waste as above About the 8th day of June 1649. the said Francis Rockley acknowledged a Statute staple of 800 l. before the then Lord Chief Justice of England to the use of Sir Roger Bradshagh of Haigh in the County of Lancaster and William Bradshagh Esq upon the loan of 400 l. sterling made to the said Francis _____ And On the 5th day of February 1652. the said Francis Rockley did borrow of one James Brooke Alderman of the City of York the sum of 900 l. in money upon agreement that the said Francis Rockley should demise 1st The Capital Messuage or Mannor house of Rockley aforesdid with all the Scite and Cir●●●● of the same Barnes Staples and other Out-howses Buildings Yards Closes Orchards Gardens Grounds and Easements contained within the said Scite and Circuit together with the Demeasne Lands Arable Meadow and Pasture Woods and Vnderwoods conte●ning by estimamation 550 Acres and upwards better worth than 250 l. per annum _____ And 2ly All the appurtenances to the same viz. The Mines Streams
An Abstract of the Case of Francis Rockley Esq hereunto annexed THat in June 1649. the said Francis Rockley being owner and possessor of the Mannors of Rockley and Worsbrough and of divers lands Tenements and Mills within the same in the County of York upon a Loan of 100 l. made unto him acknowledged a Statute of 800 l. unto one Sir Roger Bradshagh and one William Bradshagh Esq And on the first of Feb. 1652. the said Franuis Rockley demised unto Lionel Copley of Rotheram Esq three acres of ground within the Demeasne of Rockley to build a Furnace in which the said Lionel was to pay for 5 l. per an ground rent and 5 s per Tun by Covenant for every Tun of Iron that he should Found there and the said Lionel Copley upon agreement shortly afterwards granted unto your Petitioner and his heirs Liberty with the said Lionels Utensils annually to Found forty Tun of Iron at the said Furnace That on the 5th day of the said Feb. upon a Loan of 900 l. the said Francis Rockley demised the Demeasne of Rockley with the appurtenances unto James Brooke Alderman of the City of York for the Term of 21 years and a half at the yearly rent of one Pepper-Corn upon agreement with the said Brooke that the said Brooke should re-demise the same unto him in the name of one William Hayford the said Mr. Rockleys Moenial Servant for 100 l. per annum with a Clause of Redemption of the same from the said Brooke after the first two years and the said Mr. Rockley acknowledged a Statute of 1800 l. to make good his said Bargain to the said Brooke And the said Brooke did re-demise the same accordingly That in Anno 1655. or thereabouts the said Mr. Rockley made another Deed of the same for such like tearm as so only in the name of the said Hayford wherein he mentioned several debts payable by the said Hayford amounting to 700 l. or thereabouts besides what of the said 100 l. per annum should become payable to the said Brooke the one half of which debts or thereabouts the said Francis Rockley caused to be discharged about a year after the making of the said later Deed by the hands of the said Hayford out of other Receipts which he had of the said Mr. Rockleys in his charge That the said Hayford was only to Act in any of Mr. Rockleys said Estate as the said Mr. Rockleys Servant and not by any power plac'd in him by either of the said Deeds as a Trustee for the said Mr. Rockley That at or about Michaelmas 1658. the said Mr. Rockley caused the said Hayford to make a Deed of re-assignment of the said Deeds so made in his name unto him the said Francis That the said Francis Rockley being to have a Tryal at the Assizes held at York in the long Vacation 1659. and then restrained a Prisoner for Debt in the Fleet and being denied a Writ of Habeas Corpus for his Liberty by the then Commissioners of the Great Seal to attend the same the said Mr. Rockley sent unto the said Hayford his Key of a Desk where certain of his Evidence lay at Rockley which concerned the said Tryal with Order to him thereby to manage the same in the said Desk were also lodged the said Mr. Rockleys Keys which lead to all his other Evidence and the rest of his personal Estate there which were not immediately in the charge of the said Hayford before that time viz. the rest of his Evidence Books of Accompts and Study of Books That then the said Hayford by Combination with Margaret his Sister now the Wise of Thomas West smothered the abovesaid Deed of re-assignment made from him to the said Mr. Rockley and then placed himself in possession of the said Lands to his own use That the said Confaederates procur'd all the said Mr. Rockleys personal Estate his Houshold-stuffe Stock upon his Ironworks and other Goods left by the said Mr. Rockley in the said Hayfords charge to keep or manage for him to the value of 1000 l. and upwards under pretence unto the Sheriffs Officers of preserving the same for the said Mr Rockley his Master to be levyed by an Execution taken forth upon a Judgement of 100 l. granted by the said Mr. Rockley unto the said Margaret for payment of 50 l. and have taken away all the same to their own use That he caused all the said Mr. Rockleys Estate placed in his name in the condition the same was in in his charge better worth than 500 l. per annum over and besides the Wood growing upon the same to be extended at the Suite of the said Bradshaghs at 100 l. per annum and then by foul practice ingross'd the same under the said Bradshaghs at the rate the same was so undervalued at to his own use and made void such profits of the same as he could not so enjoy That he pretended to the said Bradshagh the said Mr. Rockley his Master being far remote a Prisoner that he was to make great payments for the said Mr. Rockley his Master out of the said Lands so placed in his name and would account to the said Mr. Rockley for the Overplus but paid not one penny save twenty pound to one Mrs. Hester Bamforth which he so ordered as he might both defraud her and the said Mr. Rockley of much more by That he caused Actions to be charged upon the said Mr. Rockley in Prison for the same debts he pretended the said Deed to be made to him for discharge of and with-holding and obstructing him from each penny of his Estate barbarously endeavoured to starve him there and sued the said Actions to Outlawry after Judgement and That when the said Mr. Rockley called him to accounts by Bill in Chancery for his Estate and Evidence the said Hayford pleaded Outlawries to the same and thereby abated such the said Mr. Rockleys proceedings had against him That he forfeited the said re-demise made by the said Brooke in his name for the said Mr. Rockley by non-payments And That when the said Mr. Rockley in Jan. 1665. by the benefit of his Majesties most Gracious Writ of Habeas Corpus attending his affairs in Yorkshire obtained a Precept to be awarded by the General Sessions of Peace held at Doncaster to place him in possession notwithstanding the practice of the said Hayford with his Consaederates the said Margaret now the Wise of Thomas West John Spencer William Wilkinson and others by Forgery Perjury Maintainance and Barratry by Arrest of the said Mr. Rockley and his Adhaerents amidst his endeavour so to repossess himself of his estate to defeat the said Mr. Rockley of the same the said Confaederates Hayford and Spencer had obtained the said Brooke to grant the Demise of the said Demeasne of Rockley so forfeited to him as above unto the said William Wilkinson and one Robert Beard yet so as the same should appear not to be forfeited if