TWO Iudgements OF THE LORDS Aſſembled in PARLIAMENT: AGAINST
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 good2 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, and3 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:
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 be6 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,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,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.
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.
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.
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.
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