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A83917 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. England and Wales. Parliament. 1647 (1647) Wing E2852; Thomason E416_9; ESTC R204473 5,097 12

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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. Die Martis 21 Septemb. 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 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 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 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 Die Martis 2 Dii Novemb. 1647. 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 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 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 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 Essex ss 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. 5. Novemb. 1647. 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 6. May 1647. 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