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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
and Ironworks within the same better worth than 300 l. per annum Of a more useful and secure Revenue than any Rent he had in the condition he had moulded the same into over and above 5 shills per Tun payable by Lionel Copley of Rotheram Esq not lyable unto the said Brook by any Grant or Covenants made with him as herein after appears unto the said James Brooke his Eaecutors and Assigns for the Tearm of One and Twenty years and a half to begin from the First day of January then last past under the Yearly Rent of a Pepper-Corn _____ And 3ly That the said James Brooke should forthwith then after make a Re-demise of the said Mannor house and premises during the said Tearm of One and Twenty years and a half unto the said Francis Rockley in the name of such person as the said Francis Rockley should nominate and appoint to take the same under the yearly rent of 100 l. to be paid unto the said James Brooke and his Assigns as aforesaid and not otherwise The said Francis Rockley according to and in pursuance of the said agreement by his Indenture bearing date the said 5th day of February 1652. 1st Did demise the said Mannor house of Rockley and other the before-mentioned premises with their appurtenances for and in consideration of the said sum of 900 l. unto the said James Brooke his Executors and Assigns for the term of 21 years and a half at a Pepper-Corn rent _____ And 2ly The said James Brooke did also in pursuance of the said agreement by his Indenture bearing date the 25th day of the said Month of February Re-demise the said Mannor house and premises by the appointment of the said Francis Rockley unto one William Hayford a Moenial Servant of the said Francis Rockley for the said whole Term of 21 years and a half under the yearly rent of 100 l. per annum to be paid by the said William Hayford unto the said James Brooke his Executors and Assigns for and during the said whole Term of 21 years and a half at such dayes as in the said Indenture of Demise was and is expressed In which said Indenture of Re-demise it was agreed upon by the said James Brooke that if the said William Hayford his Executors or Assigns or any of them should within two years after the said Re-demise or at any time then after pay unto the said James Brooke the said sum of 900 l. together with all such Rents and arrearages of Rents as should grow due in the mean time That then the said William Hayford his Executors and Assignes should hold all the said Re-demised premises acquitted and discharged of and from all Rents and other payments whatsoever unto the said James Brooke his Executors Administrators and Assigns The said Francis Rockley on the said 5th day of February acknowledged a Statute Marchant of the sum of 1800 l. to the use of the said Brooke which was to be Defeizanced that the said Francis Rockley should make good the said Demise upon the said tearms they had agreed upon and was Defeizanced so accordingly And the said William Hayford did by a Deed under his Hand and Seal bearing date the said 25th day of February 1652. Declare that the said Re-demise was taken only in his Name but he was to take no benefit nor make any use thereof to himself And notwithstanding such Re-demise was made in the name of the said Hayford yet the said Francis Rockley continued in possession of the Lands Leased and was holden to be the lawfull Occupier thereof That on or about the first day of February 1652. the said Francis Rockley before he granted the aforesaid Lease to the said Brooke Demised unto one Lyonel Copley of Rotheram in the County of York in the name of one Robert Dawes of Rotheram his Executors and Assignes three Acres of Land lying in a Close called the Carr within the Demeasne of Rockley with all Streams of water coming into the same with free liberty to build a Furnace there for the founding of Raw Iron within the same And also the Iron-stone Mine within the same for the Term of 21 years to commence the 1st of May 1653. 1st Reserving a ground rent of 5 l. per annum to be paid him by the said Dawes his Executors Administrators and Assigns for the said 3 Acres of ground 2ly And upon Covenant with the said Robert Dawes and the said Lyonel Copley 1st That the said Dawes should build a Furnace for the working of Raw Iron within the said three Ares before the feast of St. Martin the Bishop in Winter 1663. And Secondly That 2ly The said Robert Dawes his Executors Administrators and Assigns should pay unto the said Francis Rockley his Heirs Executors Administrators or Assigns 5 s. per Tun for every Tun of Raw Iron that the said Dawes his Executors Administrators or Assigns should so found at the said Furnace The said Robert Dawes assigned the grant of the said 3 Acres to the said Lyonel Gopley and that year they or one of them did build the said Furnace and pay and perform what they had agreed upon to perform Shortly after the said grant of the said 3 Acres of ground unto the said Lyonel Copley as above according to an agreement made betwixt the said Lyonel and the said Francis Rockley for that purpose the said Lyonel Copley granted unto the said Francis Rockley and his Heirs by Deed free liberty of Founding so many Tun of Raw Iron unto his own use yearly at the said Furnace as the said Francis Rockley could Found with Eighty Dozen of Char-coal and a proportionable quantity of Iron-stone for the same and to have the benefit of all the said Lyonel Copley's Utensils at the same Furnace for Founding of the same And according to the said Agreement the said Francis Rockley did every year Found there 40 Tuns of Raw Iron or upwards to his own use till about the year 1660. the said Hayford indeavoured by practice to defeat him of the same And at or about Michaelmas 1655. the said Francis Rockley having many Sutes commenced against him in Chancery as Executor to Robert Rockley the surviving Trustee of an estate of one Francis Burdett Esq and fearing the pursute of some of his Creditors the said Francis Rockley being for his defence in the said Sutes to leave his abode at Rockley and to repair to and to his great charge to reside at London and thereby disabled to satisfie the same so readily as was expected the said Francis Rockley made unto the said Hayford another Deed of the Mannor house of Rockley and of the Demeasne thereof with the appurtenances mentioned in the Deed made unto the said Brooke and mentioned in the said Deed also over and besides the 100 l. per annum payable unto the said Brooke certain of the said debts to the value of 700 l. principal moneys or thereabouts which the said Francis Rockley had otherwise secured to