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 â—â—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 Millâ— 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 Cirâ—â—â—â— 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 conteâ—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
one penny out of the same but contrarily 1st By sinister practices he hindred the said Mr. Rockley of each penny he possibly could 2ly He troubled threatned trouble or caused trouble to be brought upon all such as looked towards the said Mr. Rockley his Master Practise sed by the â—aid Wilkinâ—â—n to the ruâ—â— of several â—â—â—d endeaâ—oured by â—im upon oâ—â—ers in order to the assistance of him 3ly And in Michaelmas Term following viz. 1662. having charged and caused the said Francis Rockley his Master to be charged with divers actions in prison by the said Wilkinson his Attorney for several of those debts which he pretended the said Deed to be made to him for discharge of which then remained unsatisfied by the said Mr. Rockley he caused the same to be sued to Outlawry after Judgement the said Mr. Rockley being by the practice of the said Wilkinson and Hayford as he hopes to make appear occluded in a prison never to come forth more and thereby disabled being bereft also of any thing whatsoever whereby to maintain himself to prevent such prosecution of him Hereupon the said Francis Rockley in Michaelmas Term 1663. Exhibited a Bill in Chancery against the said Hayford for discovery of what tytle he had to any of the said Francis Rockleys estate and to call him to account for what monies and other Goods and Chattels he had of the said Mr. Rockleys in his hands and the said Hayford made a scoffe of the same And pleaded the said Outlawries also as well as other Outlawries which by want of his estate were contracted upon him which he had so brought upon the said Mr. Rockley as above and thereby abated the said Mr. Rockleys proceedings against him in his said Suite in Chancery And however the said Francis Rockley by Vertue of his Majesties most gracious Writ of Habeas Corpus out of the High Court of Chancery having procured his Liberty in Order to the prosecution of certain of his affairs on the Six and Twentieth day of October 1665. being come unto his Estate in Yorkshire and finding his Mansion-house Rockley and the Demeasne thereof with the appurtenances be rioâ—â—sly kepâ— from him by the said Hayford and his Conâ—aderates and indevouring to repossess himself of his said Mannors Lands and Estate real and personal the said Hayford to escape question by the said Francis Rockley for some crimes he had committed against the King as well as against him the said Francis Rockley on or about the First day of January 1665 made an Assignment of his pretended Title unto the said Mannor house of Rockley and the Demeasnes thereof with the appurtenances unto one John Spencer of Cannon Hall in the County of York Gent. And on or about the 19 of Jan. 1665. the said Hayford seeing that by Perjury and subornation of Perjury Maintainance Forgery Barratry and other sinister practices and combinations of and with the said Spencer Wilkinson and others to keep the said Spencer and others whom he had placed there for his use in possession of the same he was not like by any nor by all those means to hold possession being that upon an Indictment exhibited against the said VVilliam Hayford Margaret his Sister John Spencer and others at the General Sessions of Peace held at Doncaster on the Seventeenth and Eighteenth days of January 1665. the said Confaederates were found Guilty of a forceable Detinue of the said Francis Rockleys estate from him and a precept was thereupon awarded to the Sheriff of the County of York for placing the said Mr. Rockley in possession of the same though by practice with the said Sheriff the said Confaederates obstructed the said Francis Rockley from his possession thereof The said Confaederate suspecting notwithstanding all their practices to the contrary that the said Francis Rockley should be then placed in possession of the same and should thereby place himself as well in possession of his personal as his real estate by vertue and under pretence of the above mentioned Judgement of 100 l. for payment of 50 l. whereupon all the said Francis Rockleys personal estate was levied as above within three days time after the said precept so awarded to the Sheriff for placing the said Mr. Rockley in possession 1st The said Confederates carried or caused to be carried away all or most of his said personal Estate 2ly All the principal Evidence of the said Mr. Rockleys his Masters Estate and all his Books of Account there And notwithstanding their great Combination to prevent the said Mr. Rockley from being placed in possession still fearing the same would be placed in him the said Confaederates also caused a Lease of Ejectment they or some of them having ingrossed the Deeds which most immediately concerned the same at Law to be delivered to the said Francis Rockley as of the fore-going Term for the said Lands so placed in the said Hayfords name as above thereby endeavouring forthwith to Eject him out of the same again if he should have been placed in possession by the Sheriff And the said Confaederates finding that after they had obstructed his Possession by the Sheriff that the said Francis Rockley by application to the said James Brooke upon the forfeiture the said Hayford had made unto him indeavoured to procure the said Brooke to place him in possession again in the name of one Thomas Gathorn of Rawcliffe in the same County Gent. They the said Confaederates VVilliam Hayford and John Spencer by Combination with the said James Brooke to defeat the said Francis Rockley of his Estate obtained the said Jamâ—â— Brooke on the _____ Day of _____ in the year 166 _____ to Assign the same so forfeited and also the aforesaid Statute of 1800 l. for making the above mentioned Demise good unto the said VVilkinson and Beard two persons unresponsible for so great a charge for the said Hayfords use 1st Though the said Francis Rockley at and before the same time offered a better security both for the said Brookes rent in arrear and for what might from time to time grow due unto the said Brooke upon the above mentioned agreement made with him than they the said VVilkinson and Beard gave to the said Brooke for the same And 2ly Though the said Brooke well knew that he had re-assigned the same at the original agreement made in February 1652. in the name of the said Hayford for the use of the said Francis Rockley And And further That at a General Sessions of Peace held at Doncaster on the next foregoing 17. 18. Days of January before such Grant or Assignment made by him unto the said Beard and VVilkinson that the said Hayford and Spencer the said Margaret and others their Confaederates were found Guilty of a forceable and riotous Detinue of the said Francis Rockley Mansion housâ— with the appurtenances from him and that a Precept was than 〈…〉 from 〈…〉 of the 〈◊〉 and that the â—â—â—d VVilkinson and Beard at that 〈◊〉 and upon 〈…〉 ted with the said Riotours to keep them riotoâ—â—â—y in such possâ—â—sion of the same 〈◊〉 Yet notwithstanding the said Assignment of the Demeasne Lands of Rockley c. and of the said Statute of 1800 l. made by the said Brooke to the said Beard and VVilkinson the same was so contrived amongst the said Confaederates as that the aforesaid re-demise made by the said Brooke to the said Hayford should appear not to be forfeited if occasion should so require And the said Confaederates Spencer Hayford VVilkinson and Beard the more securely to keep the said Francis Rockley out of possession of the same in or about January 1666. assigned the same from one to another upon new bargains on pretence of monies made amongst themselves Covenanting to make the same good by a greater League to maintain themselves in and to keep the said Francis Rockley out of the same And to possess themselves also of all the rest of the said Mr. Rockleys estate the said VVilkinson and Beard then deliver Leases of Ejectment to all the other Tenants of the said Mr. Rockley there upon the said Statute of 1800 l. assigned unto them by the said Brook to Evict the same threatning to dis-possess such of the said Tenants as had or should shew themselves against them and amongst others the said Hayford being stated in a capacity either to be a party or a Witness as above as occasion should require The said VVilkinson and Beard by Hayfords false testimony wrongfully evicted the said Iron furnace in the hands of the said Lyonel Copley thereby to enforce him also to pay the said 5 s. per Tun and the arrears thereof to them the sole revenue which the said Mr. Rockley then had truly free for his subsistance being unextendable being payable only to the said Francis Rockley by Covenant as above That hereby they the said Confaederates as the said Mr. Rockley is able to Evidence might be enabled by the said Mr. Rockleys estate to procure the said Mr. Rockleys Creditors to make assignment of such Debts as were owing by the said Mr. Rockley unto them thereby to keep him out of his Estate by his own Estate though the grounds of all their pretences viz. the Debt payable upon the said Morgage made unto the said Brooke and all other pretensions they make unto the same are fully satisfied with an Overplus or the said Confaederates or some of them have many times told more of the said Mr. Rockleys in their hands than will satisfie the same The CASE and Petition of Francis Rockley Esq To be relieved in Parliament against the Confederacy of VVilliam Hayford his Servant with others to bereave his Master of his Estate