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A90916 The Case and vindication of John Poyntz, alias Morrice, and his friends or, The first part of their long proceedings and oppression in the House of Lords who never could be released, notwithstanding the judges of Englands report for their deliverance, but are denyed the benefit of the common law, which is the subjects birth-right and inheritance : this is declared for the satisfaction of all those that wish well, and that will stand up to maintain truth, and that desire their brother commoners deliverances, and to know the oppressors from the oppressed, and what the right and interest of a commoner is, by the great Charter of England. 1648 (1648) Wing P3131D; ESTC R42282 13,291 11

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The Case and Vindication of John Poyntz alias Morrice and his Friends OR The first part of their long proceedings and oppression in the House of Lords who nev●● could be released notwithstanding the Judges of Englands Report for their deliveranc● but are denyed the benefit of the Common Law which is the Subjects birth-right and i●heritance This is declared for the satisfaction of all those that wish well and that wi●● stand up to maintain truth and that desire their brother Commoners deliverances an● to know the oppressors from the oppressed and what the right and interest of a Common● is by the great Charter of England 〈…〉 in the Year 1648. About 〈…〉 1594 〈…〉 between John Morrice and Katherine 〈…〉 and daughter of James Morrice Esquire of Chipping-onger and of Gabriell Poyntz no●thokenden Esquire upon which Contract an agreement was made and conveiances draw for the setling the estates of the two Fathers to the value of above 2000 li per annum upo● the sa●d John and Katherine for life and their heirs male of their two bodies for term of life and in case or such default then upon Edward the second son of the foresaid James Morrice for life and to the heirs male of his body for life and in case of such default then upon the right heirs male of the body of the said James Morr●ce for ever That the foresaid John Morrice and his heirs male have from the time of settlement born up the name of Poyntz as they became heirs from heir to heir and so doth this that now is in prison in order whereunto the said John Morrice that married Katherin was entered into the Heralds books by the name of Poyntz alias Morrice upon his marriage and the Arms of both families have been born up by the Morrices ever since also the succession stands thus James Morrice had to male issue Iohn and Edward Gabriel Poyntz had to issue Thomas and the aforesaid Kath●rine John and Katherine had male issue Iames Poynts and Uranus Uranus the youngest son dyed first without issue Iame● the eldest son of Iohn and Katherine had to male issue Richard who dyed about the age of 20. without issue Poyntz Poyntz the second son of John and Katherine enjoyed the said estate after the decease of Richard his brothers son and dyed without issue at whose death the male issue of Iohn and Katherine ceased and then the e●tate falls to Edward the foresaid Iohn's brother the second son of Iames Morrice senior as aforesaid Edward was dead before the said estate fell and left male issue this Iohn Poyntz alias Morrice now in possession according to Law as afterwards will app●ar Thomas dyed underage before this Contract of Iohn Morrice with his Sister Katherine leaving issue two daughters Audry and Susanna to wh●m the Grandfather Gabriel Poynts set out 3000 l. for their portions out of the estate setled upon John and Ka●herine which 3000 l. was accordingly paid by Iohn Poyntz alias Morric● besides 1000 l. paid by the said Iohn to the said Gabriel and Iames in liew for the better advancement of them and their heirs not mentioned in the said conveighances and to free the said Iohn from all incombrances and suits which might otherwise happen by reason of the said Contract Bond was given that of the said Audry or Susauna should disturb the heirs of the Morrices in their possession of the premises th●y should lose their portions And for the more effectual investing the title and right to the premises according to the said deeds and Contract An Act of Parliament as obtained in or about the 43 of Elizabeth for the setling the same upon Iohn Poyntz alias Morrice and the rest of the heirs male of the Morrices by deeds and Act they the said Iohn and Katherine and their heirs have held and possessed the said estate Now that the estate was really setled upon the said heirs male of the Morrices and by them possessed 49 years and never in any other name to this day I here are these clear evidences besides all the Tenants to witness the same 1. Several evidences confirmed by an Act of Parliament as for example 3 fines levyed at S. Albons dated 37. of Eliz. A Plea in the Chequor 38 of Eliz A Pattent under the great Seal 2. August 38. of El●z An Indenture dated the 1 of March 38. of Eliz. Four several offices found upon this 〈◊〉 Poyntz alias Morrice The first the 17. of September before Iohn Tuke Esquire 20. of Caroli in Es●● The second on the 12. oft sepsember before the same Tuke in the same year The third on the ●● of October 21. of Caroli in Guild-Hall London in the majoralty of Alderman Atkins The fourth c 23. of December 21. Caroli in Guild-Hall London in the majorality of Alderman Adams Two In●nctions for possession given by Sir Rowland Wansford of the Court of Wards one for the Lands in ●●ssex and the other for Lands in London dated 31. of Ianuary 1645. 21. Caroli The acknowledgment 〈◊〉 all the Tenants upon sight of the same who upon knowledg of his title gave possession and made ●●turnenent according to Law After all which by a verdict at the Kings Bench upon a tryal for a ●●ynture concerning Lady Poyntz alias Morrice who is now wife to M. Burrows Esquire the title was ●●nfirmed to this Iohn Poyntz alias Morrice as he was found heir at Law save about 400 l. per annum ●●ring her natural life upon all which clear proofs the Committee at Haberdashers Hall issued our Bill in his name the 4. of March 1645. for his twentieth part of the said estate and by vertue thereof ●●opt the Rent in the Tenants hands till satisfaction was given to that Committee Notwithstanding ●●ll which one Sir Adam Littleton that married Audry the grandchild of the foresaid Gabriel upon pre●ence of a collateral deed by which he pretends a title to the Lands in question as soon as the last heir was dead Sureptitiously a Trunk of writings and evidences were broke open in Sir Foulk Grevil his house in London being the place of his departure his wife having the key in her pocket who never knew it till three days after about which time Sir Foulk Grevil and Sir Adam Littleton gave out that this said Poyntz alias Morrice was a bastard although they both knew the contrary all which he was forced to cleer by witnesses upon oath to his dammage 30. l. and not only so but to obscure the truth money was given and writings bought of the wife of the deceased heir for a thousand pounds having to this day by that indirected means with-held and concealed all the writings and evidences taken at the breaking of the Trunk and Sir Foulk Grevil pretended a title by a will alias deed of gifts made by the deceased heir of 200. l. per annum given to his two sons which hath been produced amongst the Tenants and by them disclaimed as declaring their knowledg
that the estate was to pass from male to male of the Morrices After all which the said Sir Adam Littleton to colour his wicked practises and to obscure the truth and defraud the said Morrice of his right got the Land sequestred to put Morrice out of his lawful possession and hath entered into a Combination with several persons viz. Iohn Brown Clerk of the House of Lords and others c. by whose power and policy he the said Sir Adam Littleton and his accomplices hath not only got an advantage to secure themselves from condign punishment for their wicked practises but also hath laid many false accusations upon the said Poyntz alias Morrice thereby endeavoring not only to blast his repute destroy his title and with hold his right but also bring his life and his witnesses and all that appear in his cause in danger as shall appear by the subsequent Narrative For when the said Morrice found himself deprived of the benefit of his evidences by which his Ancestors enjoyed the estate which used to be delivered from heir to heir he was necessitated to make a strict search in all Courts of Record by means whereof he made such a clear discovery of his title that had not Sir Adam and his accomplices sold themselves to do wickedly it had not been possible for him to have found out a way to deprive Poyntz alias Morrice of his rights or peaceable enjoyment of his possession in the premises For 1. Poyntz alias Morrice upon search found that there was an Act of Parliament by which these Lands in question was confirmed on the heirs male of the Morrices a Copy of which Act he the said Poyntz alias Morrice procured with M Brown's hand to it given by M. Will. Hunt an under Clerk of the House of Commons which Copy was examined in M. Browns office and afterward being shewed to M. Brown and told it was questioned by Sir Adam Littleton the said M. Brown took it and looked upon it and gave it back saying who dare deny it And yet after all this the said Brown having entered into a Combination with the said Sir Adam and having as is conceived for the consideration of a great yearly value payd out of the estate to be conveighed and assured by Littleton unto him the said Brown his heirs c. hath perswaded and warranted the same estate unto the said Sir Adam for Sir Adam said that after he saw the Copy of the Act he would not have troubled Poyntz alias Morrice but by M. Browns perswasions In order whereunto he the said M. Brown hath since denyed his hand before acknowledged by himself in saying who dare deny it and being shewed to divers Councelors in Westminster Hall every one said it was his hand or else they never saw it and they the said Brown and Littleton caused the said Poyntz alias Morrice his wife and witnesses c. to be imprisoned by vertue of the Lords Order for a pretended forgery of an Act of Parliament although not one witness was examined to prove th● truth but only M. Browns own report and Littletons and caused the said Act to be condemned in th● Lords House as a forged Act although it were upon record in his own office and so acknowledged to b●● as will be proved and upon record in the treasury of the Court of Wards with other evidences and Plea of a deed found in the Tower also setling the said estate upon the heirs male of the Morrices C●pies given and attested by all the respective Officers of several treasuries but now for fear of M. Brow denyed by all but M. Audly the master of the office of the Court of Wards who hath and doth stand 〈◊〉 the attesting Copies under his hands notwithstanding M. Brown hath often threatned him for deliv●ring the same because they were against him and not only so but endeavouring to have the said 〈◊〉 Audly fined and turned out of his place pretending that all the said Records are forged by the 〈◊〉 Poyntz alias Morrice and his friends which is both improbable and impossible viz. That an Act of Pa●liament should be forged containing the names of several persons in whose tenure and occupation 〈◊〉 said Lands at the date thereof were and that the original should be shuffled into M. Browns treasu●● and a Copy thereof with other Records into the treasuries of the Court of Wards and the Plea of 〈◊〉 deed into the Tower of London and there be found under lock and key lying amongst all other R●cords old and dusky not to be touched without sweeping first just at this time to make out an unknow● title and all by an illitterate woman which can neither write nor read Lattin nor knows not what La●●● is and this is one of the chief slights As these men pretend and will make the world beleeve it a which will be a matter hardly to be credited by any rational man But that it is not only improbab●● and impossible but also a false slander shall be clearly proved several ways For although a Copy the Plea found in the Tower had formerly been given and attested by M. Collet of that office decease● and although it was shown to M. Riley now Officer there by two Councel and the original desired to 〈◊〉 seen the said Riley refused it without an order from the Lords saying it concerned M. Brown and afte●wards when M. Rileys Clerk did search and find the original in his presence and in the presence 〈◊〉 Poyntz alias Morrice friends he the said Riley fell out with the Clerk saying you might have chus●● whether you would have found it for you knew it was against M. Brown and locked him out of the offic● two days 2. The said Act hath been acknowledged and examined with the Record in master Brownes office and to be delivered out by M. William Hunt with M. Browns hand to it as will be proved by many wi●nesses 3. The said M. Brown and Littleton now acknowledg that there is an Act for the sale of part of th● estate made in King James his time when it was in the possession of Sir James Poyntz alias Morrice th● son of John and Katherine Now it is cleer that unless the estate had been setled upon the father an so upon the heirs male of the Morrices by an Act the son might have alienated part of the estate fo● the payment of his debts by fine and recovery as firmly and with less charge by far then by Act 〈◊〉 Parliament but being setled by Act he must of necessity have an Act to enable him in the alienation But thirdly there was no reason why this Poyntz alias Morrice should forge or cause an Act of Parliament to be forged to maintain his Title he being able to prove that his Ancestors enjoyed the sam● estate 49 years and never in any other name since that setlement and he himself having had so many offices found for him besides a Verdict confirming his Title