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 Ʋnderwoods, 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 [Page 2]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 be payable by the said Hay­ford by vertue of the said later Deed, occasionally, the better to enable the said Francis Rockley to pay the same, and his other debts, against any incumbrance which might else befall his Estate, and which might obstruct him in payment of the same.

And the said Francis Rockley at his departure so to reside at London, also committed all his perso­nal estate in and about the said Mansion house Rockley, and upon the Demeasne thereof, and Iron­works to be kept and managed by the said Hayford, as the several natures of the same required.

But notwithstanding such later Deed made by the said Francis Rockley unto the said Hayford, and that he had also committed his said personal estate unto the charge of the said Hayford, yet the said Francis Rockley continued in the actual possession of the said Lands mentioned in the same, and of the personal estate so committed to the care of the said Hayford, to be kept and managed by him, and was holden the lawfull Occupier of the same. And the said William Hayford was not to dispose of any part of the said Francis Rockley's Estate, real or personal, but as Servant to the said Francis Rockley, and according to the direction of the said Francis; and for several years after ma­king of the said later Deed, and after the charge of the personal estate of the said Francis so com­mitted to him, the said Hayford did continue so to do and observe the same.

And the said Francis Rockley discharged above 300 l. of the said 700 l. mentioned to be payable by the said last recited Deed (within a year after the Deed so made, or thereabouts) by his Or­der unto the said Hayford, who had also other receipts of the said Francis Rockleys, out of which he discharged most of the same.

At or about Michaelmas 1658. the said Francis Rockey (Leasing out some of his said Lands, so placed in the said Hayfords name, as above, and parting with some of his stock upon the same) caused the said Hayford to make a Deed of Re-assignment of the said Deeds (whereby the same were so placed in his name) to the said Rockley.

In the Long Vacation 1659. the said Francis Rockley, being to have a Tryal at Law, at the Assizes to be then held at York, being become a Prisoner in the Fleet, in Execution for Debt, and denyed by the then Commissioners of the Broad Seal of England, the benefit of the Writ of Habeas Corpus to attend the same; and the Cause then to be tryed, being to be managed by a Deed made for the said Mr. Rockley in the said Hayfords name, the state of which the said Hayford was well knowing of, having been acquainted with the same by the said Mr. Rockley his Master (and thereby the fittest to manage the said Tryal) The said Mr. Rockley sent down the Key of a Desk unto the said Hayford being at his house Rockley, with directions to him to take out such Eviden­ces as concerned him at the Tryal, and to manage the same.

In the said Desk were

• 1st. Other of the said Francis Rockleys Evidences lodged.
• 2ly. Some of his Books of Accounts [...] And
• 3ly. Keys which did lead unto his Study of Books, and unto all his other Evidence, Books of Accounts, and personal Estate which were at Rockley, and not before committed to the said Hayfords charge; None of which the said Francis Rockley could ever yet procure into his hands again, nor any of his personal estate which he had committed to the said Hayford to keep, or manage for him, as above.

And the more colourably to ingross the same to his own use.

In or about the beginning of August 1661 the said Hayford by combination with Margaret Hay­ford his Sister, caused William Wilkinson an Attorney (one of the Confederates herein after mentioned) to take out Execution forth of his Majesties Court of Common Pleas, against the Goods of the said Francis Rockley, and thereby (unknown to the said Mr. Rockley, until of long time after, he being restrained a Prisoner at London) levied of the said Francis Rock­leys Goods [as the said Mr. Rockley is advised] to the value of 1000 l. and upwards upon a Judgement on a Bond of 100 l. for the payment of 50 l. entred into by the said Francis Rockley to the said Margaret [the Interest thereof most probably satisfied till that time] pro­ducing then a Catalogue of all his Masters Goods in his charge, unto the Sheriffs Officers, rated after the value that the said Execution amounted unto, requesting the said Bayliffs to assign the same to his said Sister at such a rate, under pretence that it was to secure them for his said Master from other Executions And

• 1st. Defrauded the said Bayliffs of any Counterpart of such Catalogue, having obtained them so to assign the same without a Counterpart, upon promise only shortly after to give them one, but never would perform the same And
• 2ly. Ever after that time denied that he had any thing of the said Mr. Rockleys his Masters in his hands, unto such persons as Mr. Rockley had impowered to take accounts of, and receive the same from him, and give discharges unto him.

And the said William Hayford [from the time he had so ingrossed the said Francis Rockleys his Masters Evidence as above] also with-held the growth and other profits of his said Masters real Estate intrusted in his name, paying only the 100 l. per annum to the said Brooke thereout, till he could use such means to defeat him of the same, as in time to ingross the same to himself; and in order to ingross the same more sucurely to his own use, the said Hayford in or about the beginning of March, Anno 1660. by Non-payment of Interest to some of the Creditors of the said Francis Rockley

• 1st. Then caused the Lands of the said Francis Rockley his Master, intrusted in his name as a­bove [upon the abovesaid Statute acknowledged to the said Sir Roger Bradshagh and William Bradshagh] to be extended at 100 l. per annum, by his great interest with one Robert Waller, an Atturney at Law, imployed by the said Bradshagh's to extend the same.
• 2ly. Procured the Inquisition into the said Lands taken at the sute of the said Bradshaghs for extending the same to bear date before another Inquisition taken at the sute of one Gil­bert Cowper [though the same was taken after the Inquisition taken at the Sute of the said Cowper.]

Thereby to come into possession of the said Lands so extended at the said undervalue the same were extended at, without obstruction upon the said Statute acknowledged to the said Bradshaghs, being of especial interest in the said Waller, the said Sir Roger Bradshagh's Agent, who might dispose him into the same, upon the said Statute; the only obstruction which could be given at Law to the said Hayfords enjoyment of the said Demeasne of Rockley, with the appurtenances, to his own use; by means of the Title unto the same, placed in his name from the said Brooke upon payment of the aforesaid rent of 100 l. per annum unto the said Brooke [after he had so ingros­sed the said Francis Rockleys his Masters Evidence, as above] being treacherously disposed so to enjoy the same.

The said Francis Rockley being then a Prisoner, and having Information of the miscarriages of the said William Hayford in his service [which he was imployed in for the said Francis Rockley, as above] About the Month of July 1661, the said Francis Rockley sent unto the said Hayford to [Page 5]return up unto him the aforesaid Deed of Re-assignment of the Trust which the said Francis Rock­ley had placed in his name, as above; and the said William Hayford at the instance of, and by com­bination with the said Margaret his Sister not to return the same.

• 1st. Refused to return it.
• 2ly. And about June or July 1662. having managed his practices, as above: He violently set up a Title unto the said Francis Rockleys Iron works, and the stock thereupon to his own use, re­belliously withstanding such persons as the said Francis Rockley had impowered to take posses­sion thereof to his use.
• 3ly. And about a fortnight after the said Robert Waller ( under pretence of being Agent for the said Sir Roger Bradshagh upon the said Statute extended) placed the said Hayford in possessi­on of the same And
  • 1st. The said Hayford then commanded all the Workmen belonging to the said Mr. Rockleys I­ron works to atturn unto him, and work as his Servants, upon his own tearms, even to the ruine of some of them, and for his use; and from that time professedly intituled him­self to the said Works, with the stock and profits of the same to his own use.
  • 2ly. And shortly after at Rockley the said Hayford pretending himself to one Mr. Christopher Bradshagh ( imployed by the said Sir Roger Bradshagh) that at the time when the said Francis Rockleys Lands were extended by the said Sir Roger he was in possession of the said Mannor and Demeasne of Rockley, with the appurtenances, in his own right, by vertue of the said Deed of Re-demise made unto him from the said Brooke for payment of the abovesaid 100 l. per annum to the said Brooke, and of the other Deed made unto him from the said Mr. Rockley for payment of the said 100 l. per annum to the said Brooke, and for payment of other Debts wherein he stood ingaged, mentioned in the said later recited Deed made to him Smothering as well
    • 1st. The true meaning of the said later mentioned Deed As
    • 2ly. The said Deed of Re-assignment made from him to the said Francis Rockley his Ma­ster And
    • 3ly. Pretending the said Debts (so provided for by the said Francis Rockley his Master to be discharged by the said Hayford) to be great.

Yet in any one year passed which we had with-held the said Francis Rockleys his Masters estate from him, he might near hand have paid the said debts (mentio­ned to be payable by him by the said Deed made to him) remaining then undis­charged out of such estate of the said Francis Rockley, as was made in his name, without making waste of any of the said Mr. Rockleys woods; or diminishing any of the said Francis Rockleys stock upon his estate; or any other of the said Francis Rockleys personal estate committed to the said Hayford to keep, for the use of the said Francis Rockley, which were of much more value than the said Debts (mentioned in the Deed to be payable by him) amounted unto, over and besides that before that time he had ingrossed very much more of the said Mr. Rockley his Masters Estate into his hands than would have satisfied the same.

However upon such pretences of the said Hayfords, and upon the reputation conferred upon him by the said Waller and Wilkinson, and being not long before placed in possession of the same by the said Waller (Sir Roger Bradshaws Attorney in that cause) the said Hayford was admitted by the said Mr. Bradshagh to be continued in possession of the said Iron-works, and the rest of the said Francis Rockles estate so extended, and placed in his name, as above.

He also further pretending to the said Mr. Bradshagh, that the Surplus of such profit, as he should raise out of such of the said Francis Rockleys Estate, which he did not pay to the said Brad­shagh, nor discharge any of the debts mentioned in the said last recited Deed (so made in his name, as above) he would annually account for to the said Mr. Rockley his Master.

But the said Hayford, and his Confederates, or some of them, contrary to his fair pretences unto the said Bradshagh (as soon as the said Bradshagh was departed thence, living far remote, in another Country)

• 1st. Over and besides that he cut down, and made waste of the said Francis Rockleys woods, at his own will, and converted the same to his own use.
• 2ly. By Law subjected such of the said Mr. Rockleys Tenants of the same, unto him, as did not with ceremony own him their Landlord, causing them to take the same upon hard tearms from him, to the ruine of them.
• [Page 6] 3ly. Neither discharged any of the Debts mentioned in the said Deed (made to him, as above) not so much as the 100 l. per annum, payable to the said Brooke, and thereby forfeited the said Re-demise made from the said Brooke in the said Hayfords name, for the said Rockleys use, in further design to take the same again from the said Brooke so forfeited, unquestionably to state himself in a title at Law unto the same, without comptrol.

Only on or about the 29th. day of June 1664. he paid of the same, the sum of 20 l. to one Mrs. Hester Bamforth, (a person unto whom the said Francis Rockley, with the said Hayford as his security, stood indebted in the sum of 200 l. for the payment of 100 l.) upon tearms with her.

• 1st. Not to prosecute him for the rest of the debt due to her.
• 2ly. To extend the Lands of the said Francis Rockley for the same.
• 3ly. That She should seal to a discharge and acknowledgement of the said moneys so paid to her by him, in place whereof, by his practice, and her ignorance in affairs of that kind, She was surprized by the said Hayford to seal a General Release to the said Hayford; whereby in accounts with the said Mr. Rockley his Master, he might shew an unquestionable discharge of the whole debt, and put a cheat upon him as well as her.
• 4ly. He caused one John Carrington ( the sole person else who stood oblieged with the said Francis Rockley in any of the said debts, he pretended the said later Deed made by the said Francis Rockley to him for the discharge of) to be prosecuted for such debt as he stood so oblieged in with the said Francis Rockley, and thereby inforced the said John Carrington to pay whatsoever could be extorted from him of the same.
• 4ly. The said Hayford did not accommodate the said Francis Rockley his Master in Prison (as a­bove) with 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 [...]aid Wilkin­ [...]n to the ru­ [...] of several [...]d endea­ [...]oured by [...]im upon o­ [...]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 rio [...]sly kep [...] from him by the said Hayford and his Con [...]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 [Page 7]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 Jam [...] 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 hous [...] with the appurtenances from him, and that a Precept was than [...] from [...] of the [...] and that the [...]d VVilkinson and Beard at that [...], and upon [...] ­ted with the said Riotours, to keep them rioto [...]y in such poss [...]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 [Page 8]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.