TWO judgements OF THE LORDS Assembled in PARLIAMENT: AGAINST John Morris alias Poyntz. Marry his wife. Isabella Smith. Leonard Derby. And John Harris. For forging, framing, and publishing a Copy of a pretended Act of PARLIAMENT. LONDON, Printed for John Wright at the King's Head in the old Bayley. 1647. Die Martis 21 Septemb. 1647. WHereas John Brown Esquire, Clerk of the Parliaments, did the 25. of June, 1647. exhibit a Charge before the Lords in Parliament against John Morris, alias Poyntz, Mary his wife, Isabella Smith, Leonard Derby, and John Harris, for forging, framing, and publishing a Copy of a pretended Act of Parliament, alleged to have been made at 43 Elizabeth, and entitled, An Act to enable and make good a conveyance and assurance made of the Manors of Chipping Onger, Northokenden, Southokenden, and other Lands in the County of Essex, and Beaves Marks, alias Buries-Markes in London, by James Morris Esquire, and Gabriel Poyntz Esquire, to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his heirs, 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 lewd practices, have charged the said John Brown with the loss 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 Manors 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 Derby, John Harris, and Isab●l Smith, did produce the said Copy at Chelmesford at Lent Assizes, 1646. for the County of Essex, at a Trial in an Ejectory form, brought by Thomas Smith, husband of the said Isabella, and Lessee of the said John Morris, against Josias Clarke Tenant to the said Sir Adam Littleton, of part of the said Lands contained in the said pretended Act; And did plead and affirm the same to be a true Copy of an Act of Parliament; And the said Derby and Harris did falsely and perjuriously swear in open Court at the said Trial, that they had examined the said Copy by them produced with the Record of the said pretended Act, in the Office of the Clerk of the Parliaments; And did there also falsely and perjuriously swear, that they did show that writing to the Clerk 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 Clerk of the Parliaments hand; And the said Sir Adam further complained of an Exemplification under the Great Seal of England, for countenancing the said forged Copy of the said pretended Act, by some undue means by the said parties thereunto affixed; of the parties showing whereof proof was made before their Lordships. All which being Crimes of a very high and transcendent nature, and do concern the public Justice of the Kingdom, and of this Honourable House, the supremest Judicatory of this Kingdom; That Acts of Parliament, the highest Records in this Kingdom, should be framed, invented, forged, and given in evidence, and published as true Acts of Parliament; and the hand of the Clerk of the Parliaments, a sworn 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 offenders, as may deter the like attempts and lewd practices in others, and give such fitting reparations as their Lordships in their wisdoms should think meet. Whereupon the persons aforesaid put in their Answers to the Premises, and pleaded not guilty; And after the Case had been divers days fully heard by Counsel on both sides, and witnesses produced at this Bar, 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 Sovereign Lord the King, the sum of one thousand pounds, Isabella Smith two hundred pounds, Le●nard Derby four hundred pounds, and John Harris four hundred pounds. 2 That the said parties shall pay to John Browne Esq Clerk of the Parliaments, for his damages, five hundred pounds. 3 That all the said parties shall before their enlargement out of prison, be bound to the good behaviour during their lives, before some one of His Majesty's Justices of His Bench at Westminster, with good sureties. 4 That the said Copy of the pretended Act of Parliament, falsely affirmed upon Oath to have been subscribed with the name of the said Clerk of the Parliaments, entitled, An Act to enable and make good a Conveyance and Assurance made of the Manors of Chipping Onger; No thokenden, Southokenden, and other Lands in the County of Essex, and Beaves Marks, alias Buries Marks in London, by James Morris Esquire, and Gabriel Poyntz Esquire, to John Poyntz alias Morris and his heirs, and to establish the said Manors upon the said John Poyntz alias Morris and his heirs, 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 canceled, 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 several 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, Isabella Smith, Leonard Derby, 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 counterfeit Act of Parliament, to which the Great Seal of England is charged to have been unduly and fraudulently affixed, that so the aforesaid forged exemplificationi may be canceled 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 Manors of Chipping Onger, Northokenden, Southokenden, and other Lands in the County of Essex, and Beaves Marks, alias Buries Marks in London, by James Morris Esq and Gabriel Poyntz Esq to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance: And declared the same to be forged and counterfeit, and therefore to be for ever damned and canceled, 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 seem 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 gain some credit, and authority to the said forgeries, and further to impeach the Titles of the Petitioners. To which Petition the said Isabella Smith put in her Answer, and a day was appointed for hearing the same. At which day the said Isabella 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 several writings after full examination by hearing of Council and Witnesses produced; and also upon view of the said writings (being by their Lordship's Order brought into the House) manifestly appearing to their Lordships to be gross forgeries: The Lords in Parliament assembled do Declare, and adjudge: That the said Parchment writings, one whereof purporteth a Fine pretended to be levied at St. Alban, A die sancti Martini in quindecim dies, Anno 37. Eliz between James Morris Esq and John Poyntz, alias Morris his son Plaintiffs, and Gabriel Poyntz, Esq and William Cuts Defendants, of the Manor 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 levied at Saint Alban, A die s●ncti Martini in 15 dies, Anno 37 Eliz between J●mes Morris Esq and John Poyntz alias Morris his son Plaintiffs, and Gabriel Poyntz Esq and William Cutts, Defendants of the Manors of Northokenden, Poyntz and Groves, with the appurtenances, and of divers Messages, 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, Gray's 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 levied at St. Alban, A d●e sancti Martini in 15 dies, Anno. 37 Eliz. between James Morris Esq John Poyntz, alias Morris, his son Plaintiffs, and Gabriel Poyntz Esq and William Cuts Esq Defendants of four Messages, six Gardens, and two Acres of Land, with the appurtenances in the Parish of St. Katherine 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 etc. And one other whereof purporteth a Copy of a pretended Act of Parliament entitled, An Act to enable and make good a Conveyance and Assurance made of the Manors of Chipping Onger, Northokenden, Southokenden, and other Lands in the County of Essex, and Beves Marks, alias Buries Marks in London, by James Morris Esquire, and Gabriel Poyntz Esq to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz; alias Morris, and his Heirs 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 canceled, 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 Term then held at St. Alban, when the said Fines were pretended to be levied there. And it is further Ordered by the Lords in Parliament assembled, That the said Isabella 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 canceled 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 Manor Chipping Onger, alias Anger, ad Castram cum appertenanc. etc. 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 do find that there is no enrolment of any such Record there, as is above mentioned. Per Johannem Cocks Cleric. Thesuar. de Com. Banco. I Have searched in the Treasurer's Remembrancers Office in the Exchequer amongst the Records of Trinity Term, Anno xxxviii. Regine Elizabeth. Roll xxi. but do not find that there is any such Record or enrolment, 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 Term 35. and 36. Eliz. and all the Terms after till Hillary 38. Eliz. and I can find 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 find by the said Records, that Michaelmas Term 36. and 37. Eliz. was held at the City of Westminster, and not at the Town of Saint Alban. All which I do hereby (at the request of Sir Adam Poyntz, alias Littleton Baronet) certify to all whom it may concern. F. Blake. FINIS.