TWO Iudgements OF THE LORDS Assembled in PARLIAMENT: AGAINST

  • John Morris alias Poyntz.
  • Mary his wife.
  • Isabell Smith.
  • Leonard Darby.
  • And John Harris.

For forging, framing, and publishing a Copy of a pretended Act of PARLIAMENT.

LONDON, Printed for John Wright at the Kings Head in the old Bayley. 1647.

WHereas John Brown Esquire, Clerke of the Parliaments, did the 25. of June, 1647. exhibite a Charge before the Lords in Parliament against John Morris, alias Poyntz, Mary his wife, Isabell Smith, Leo­nard Darby, and John Harris, for forging, framing, and publishing a Copy of a pretended Act of Par­liament, alleadged to have been made at 43 Elizabeth, and intituled, An Act to inable and make good a conveyance and assurance made of the Mannours of Chipping Onger, Nor­thokenden, Southokenden, and other Lands in the County of Essex, and Beaves Markes, alias Buries-Markes in London, by James Morris Esquire, and Gabriel Poyntz Esquire, to John Poyntz, alias Morris, and his Heires, and to establish the said Mannours upon the said John Poyntz, alias Morris, and his heires, according to the said Conveyance. Whereas in truth there neither is, nor ever was any such Act of Parliament; And for forging and counterfeiting his hand writing, and subscribing to the said Copy Joh. Brown Cleric. Par­liamentorum. And the better to colour their leud practi­ses, have charged the said John Brown with the losse of the said Record, and denying of his own hand. And whereas Sir Adam Littleton Baronet, who had good [Page 2] Title to part of the said Manours and Lands, as in the right of Dame Audrey his wife, whose inheritance there­unto was sought to be impeached by the said Copy of the said pretended Act of Parliament, complained likewise against the said persons before their Lordships, for the said forgery and publication, in that the said John Mor­ris, Leonard Darby, John Harris, and Isab [...]l Smith, did produce the said Copy at Chelmesford at Lent Assizes, 1646. for the County of Essex, at a Triall in an Ejecto­ry forme, brought by Thomas Smith, husband of the said Isabell, and Lessee of the said John Morris, against Josias Clarke Tenant to the said Sir Adam Littleton, of part of the said Lands conteyned in the said pretended Act; And did plead and affirme the same to be a true Copy of an Act of Parliament; And the said Darby and Harris did falsly and perjuriously sweare in open Court at the said Triall, that they had examined the said Copy by them produced with the Record of the said pretended Act, in the Office of the Clerke of the Parliaments; And did there also falsly and perjuriously sweare, that they did shew that writing to the Clerke of the Parlia­ments, and that he did acknowledge the said writing to be his own hand; Whereas in truth the said subscrip­tion to the said pretended Act of Parliament is counter­feit, and none of the said Clerke of the Parliaments hand; And the said Sir Adam further complained of an Exemplification under the Great Seale of England, for countenancing the said forged Copy of the said pre­tended Act, by some undue meanes by the said parties thereunto affixed; of the parties shewing whereof proofe was made before their Lordships.

All which being Crimes of a very high and transcen­dent nature, and do concerne the publique Justice of the Kingdome, and of this Honourable House, the suprea­mest Judicatory of this Kingdome; That Acts of Par­liament, the highest Records in this Kingdome, should be framed, invented, forged, and given in evidence, and [Page 3] published as true Acts of Parliament; and the hand of the Clerke of the Parliaments, a sworne Officer, forged, counterfeited, and subscribed to the same; as that if such bold and andacious acts should not be severely puni­shed, no man can be safe in his Life, Person, or Estate; The said John Brown, and Sir Adam Littleton, desired that the persons aforesaid might forthwith answer the said Charges; and that their Lordships would inflict such exemplary punishment upon the offendors, as may deterr the like attempts and lewd practises in others, and give such fitting reparations as their Lordships in their wis­domes should thinke meet.

Whereupon the persons aforesaid put in their Answers to the Premisses, and pleaded not guilty; And after the Case had been divers daies fully heard by Counsell on both sides, and witnesses produced at this Barre, and the whole matter afterwards throughly weighed, deba­ted, and fully considered of by the house, The Lords in Parliament assembled, being fully satisfied of the guilt of the said persons for the aforesaid high Crimes char­ged against them, do award and adjudge:

  • 1 That the said John Morris, alias Poyntz, shall pay as a Fine to our Soveraigne Lord the King, the summe of one thousand pounds, Isabell Smith two hundred pounds, Le [...]nard Darby foure hundred pounds, and John Harris foure hundred pounds.
  • 2 That the said parties shall pay to John Browne Esq Clerke of the Parliaments, for his dammages, five hun­dred pounds.
  • 3 That all the said parties shall before their inlarge­ment out of prison, be bound to the good behaviour during their lives, before some one of His Majesties Justices of His Bench at Westminster, with good sure­ties.
  • 4 That the said Copy of the pretended Act of Par­liament, falsly affirmed upon Oath to have been subscri­bed with the name of the said Clerke of the Parliaments, [Page 4] intituled, An Act to inable and make good a Conveyance and Assurance made of the Mannours of Chipping Onger; No tho­kenden, Southokenden, and other Lands in the County of Essex, and Beaves Markes, alias Buries Markes in London, by James Morris Esquire, and Gabriel Poyntz Esquire, to John Poyntz alias Morris and his heires, and to establish the said Mannours upon the said John Poyntz alias Morris and his heires, accord­ing to the said Conveyance, is hereby declared to be for­ged and counterfeit; and is by their Lordships adjudged and decreed to be for ever damned and cancelled, and never to be pleaded in any Court or Cause whatsoever; nor to be admitted to be given in evidence; there being no Record of any such peetended Act of Parliament to warrant the same.
  • 5 That all the said severall Persons hereby adjudged guilty of the said crimes, shall ever hereafter be made uncapable to be witnesses in any cause whatsoever.
  • 6 That John Brown Esquire, Clerk of the Parliaments, is in the judgement of this House free, and clear of, and from all and every the aspersions, falsities, and charges of the said John Morris, alias Poyntz, Isabell Smith, Leo­nard Darby, and John Harris charged, uttered, divulged, and given out by them against him, concerning the mat­ters herein mentioned. And that this Judgement shall be openly read and published in the face of the County of Essex, at the next Assizes to be held for that County
  • 7 That the said Parties shall bring, or cause to be brought into this House by the first day of October next, o [...]e exemplification under the Great Seal of England concerning the Manner of little Munden, in the County of Hertford; And the aforesaid exemplification of the said counterfit Act of Parliament, to which the Great Seal of England is charged to have bin unduly and frau­dulently affixed, that so the aforesaid forged exemplifi­cationi may be cancelled and vacated.
  • 8 That they shall be imprisoned during the pleasure of this House.
Joh. Brown, Cler. Parliamentorum.

WHereas the Lords in Parliament assembled, upon the 21 of Septem. last, g [...]ve Judgement concerning a Copy of a pre­tended Act of Parliament, in­titutuled, An Act to enable and make good a Conveyance and Assu­rance made of the Manours of Chip­ping Onger, Northokenden, Southokenden, and other Lands in the County of Essex, and Beaves Markes, alias Bu [...]ies Markes in London, by James Morris Esq and Gabriel Poyntz Esq to John Poyntz, alias Morris, and his Heirs, and to establish the said Mannours upon the said John Poyntz, ali­as Morris, and his Heires, according to the said Conveyance: And declared the same to be forged and counterfeit, and therefore to be for ever damned and cancelled, as by the said Judgement more at large appeareth.

And whereas Dame Audrey Littleton, late wife of Sir Adam Littleton deceased, Sir Fulke Grevill, Knight, and Maurice Barrow Esq by their Petition exhibited before the Lords in Parliament complained, That notwithstanding the said Judgement, one Isobel Smith (a Person sentenced by their Lordships, and com­mitted to Newgate for the said Forgery) having pro­cured the said forged Act of Parliament, and other forged writings, viz. three Fines of the Lands con­tained in the said forged Act, and a forged Pleading, setting forth the uses of the said forged Fines, to be [Page 6] written in Parchment; and having by some sleight made them to seeme as if they had been written long since, did foist and shuffle in the same amongst other Evidences, and writings remaining in the Treasury of the late Court of Wards; and pretending the same to be found there, obtained Copies thereof un­der the hand of Mr. Awdeley Clerk of the said Court, hoping thereby to gaine some credit, and authority to the said forgeries, and further to impeach the Ti­tles of the Petitioners.

To which Petition the said Isabell Smith put in her Answer, and a day was appointed for hearing the same. At which day the said Isabell Smith being pre­sent at the Bar, and not making good any of the par­ticulars in her said Answer, nor giving any satisfacti­on to such questions as were by their Lordships de­manded of her concerning the same. And the said severall writings after full examination by hearing of Councell and Witnesses produced; and also upon view of the said writings (being by their Lordships Order brought into the House) manifestly appea­ring to their Lordships to be grosse forgeries: The Lords in Parliament assembled do Declare, and adjudge:

That the said Parchment writing [...], one whereof purporteth a Fine pretended to be leavied at St. Al­bans, A die sancti Martini in quindecim dies, Anno 37. Eliz between James Morris Esq and John Poyntz, alias Morris his sonne Plaintiffes, and Gabriel Poyntz, Esq and William Cutts Defendants, of the Mannor of Chipping Onger, and other Lands and Tenements, with the appurtenances in Chipping Onger in the County of Essex. One other whereof purporteth a Fine pretended to be leavied at Saint Albans, A die s [...]ncti Martini in 15 dies, Anno 37 Eliz between J [...]mes Morris Esq and John Poyntz alias Morris his sonne Plaintiffes, and Gabriel Poyntz Esq and William Cutts, [Page 7] Defendants of the Mannours of Northokenden, Poyntz and Groves, with the appurtenances, and of divers Messuages, Cottages, Mills, Lands, Meadows, Pastures, and other Hereditaments in Northwoken­den, alias Northokenden, Southwokenden, alias Southokenden, Avely Upminster, alias Upmister, Southweal, Brentwood, alias Burntwood, Warley, alias Warley Magna, Childerditch Bulfan, Bown­ton, alias Bunton, East Thornedon, West Thorne­don, West Th [...]rrock, Grayes Thurrock, Chawd­well, Styfford alias Stiford, Horne-church Bassel­don, and Cranham, and of the Rectory of North­wokenden; alias Northokenden▪ with the appurte­nances in the said County of Essex.

One other whereof purporteth a Fine pretended to be leavied at St. Albans, A d [...]e sancti Martini in 15 dies, Anno. 37 Eliz. betweene James Morris Esq John Poyntz, alias Morris, his sonne Plaintiffes, and Gabriel Poyntz Esq and William Cutts Esq Defendants of four Messuages, six Gardens, and two Acres of Land, with the appurtenances in the Parish of St. Katha­rine Cree-church, London.

One other of the said Parchment writings pur­porteth a Pleading, setting forth the uses of the said Fines, and beginning in these words, ‘(viz.) Essex. ss. In memorandum de Banco anno tricesinto octavo Elizabeth. viz. inter Record. Termini sancti Trinitatis Rollo xxi. ex parte Recordationum in Trer. manen. inter alia continetur ut sequitur (viz.) Memorandum quod nuper invenitur in quodam Rollo extract. de finibus & issues Banci in termino Sancti Michalis annus Regni Domini nostre Elizebethe tricessi­mo sexto & septimo quod Gabriel Poyntz Esq &c.’

And one other whereof purporteth a Copy of a pretended Act of Parliament intituled, An Act to en­able and make good a Conveyance and Assurance made of the Mannours of Chipping Onger, Northokenden, Southokenden, and other Lands in the County of Essex, and Beves Markes, [Page 8] alias Buries Markes in London, by James Morris Esquire, and Gabriel Poyntz Esq to John Poyntz, alias Mor­ris, and his Heires, and to establish the said Mannours upon the said John Poyntz; alias Morris, and his Heires accor­ding to the said Conveyance: Are hereby Declared to be forged and counterfest, and are by their Lordships adjudged and decreed to be for ever damned and can­celled, and never to be Pleaded, or admitted to be gi­ven in Evidence in any Court, or Cause whatsoever, there being no Record of any such Fines, Pleading, or Act of Parliament to warrant the same; nor any Terme then held at St. Albans, when the said Fines were pretended to be leavied there.

And it is further Ordered by the Lords in Parlia­ment assembled, That the said Isabell Smith shall by the 27 of Novemb. next bring, or cause to be brought into this House, the Copies of the said Parchment writings (pretended to be found in the Treasury of the Court of Wards) subscribed by the said Master Awdely, that so the same may be cancelled and vacated.

Joh. Brown Cler. Parliamentorum.

In memorandum de Banco Anno tricesi­mo octavo Elizabeth, (viz.) inter Record. ter­mini Sancti Trinitatis Rollo xxi. ex parte Re­cordacionum in Thesaurum manen. inter alia continetur ut se­quitur, viz.

MEmorandum quod nuper invenitur in quodam Rollo ex­tract. de finibus & issues Banci & Termina Sancti Mi­chaelis annis Regni Domine nostre Elizabethe tricesimo sexto & septimo, quod Gabriel Poyntz Esq fecit cum predicta Domina Regina finem pro concordia cum Jacobo Morris Esq & aliis de Plito. condicis de Mannor Chipping Onger, alias Anger, ad Castram cum appertenanc. &c.

I have searched the Records of the Common Pleas, de Termino Sancti Trinitat. Anno tricesimo octavo Reg. Eliz. Rollo vicesimo primo, and doe finde that there is no inroll­ment of any such Record there, as is above mentioned.

Per Johannem Cocks Cleric. Thesuar. de Com. Banco.

I Have searched in the Treasurers Remembrancers Of­fice in the Exchequer amongst the Records of Trini­ty Terme, Anno xxxviii. Regine Elizabeth. Roll xxi. but doe not finde that there is any such Record or Inroll­ment, as is above mentioned.

T. Osburne.

MEmorandum, that I Francis Blake, keeper of the Books for searches of Fines and of the Records thereof in the Chyrographers Office, have made dili­gent search in the said Books, and amongst the said Re­cords of Michaelmas Terme 35. and 36. Eliz. and all the Termes after till Hillary 38. Eliz. and I can finde no fine at all from Gabriel Poyntz and William Cuts, or either of them to any person whatsoever, of any Lands in the Counties of Essex or London. And moreover, I finde by the said Records, that Michaelmas Terme 36. and 37. Eliz. was held at the City of Westminster, and not at the Towne of Saint Albans. All which I doe hereby (at the request of Sir Adam Poyntz, alias Littleton Baronet) cer­tifie to all whom it may concerne.

F. Blake.
FINIS.

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