Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 25 die Junii.
PRAYERS, by Mr. Corbett.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. (fn. 1) Grey.
Ds. La Warr.
Paper concerning the Admiralty Court.
The Earl of Warwicke reported a Paper concerning the Admiralty Court, "That the Judge's Place in that Court may be speedily settled:"
Which was read, and Ordered to be sent to the House of Commons, to put them in Mind of this Business. (Here enter it.)
Major Cromwell, a Habeas Corpus.
Ordered, That Major Crumwell shall be brought, by a Habeas Corpus, before this House, returnable immediatè.
Message to the H. C. with the King's Footmens Petition;
A Message was (fn. 2) sent to the House of Commons, by Sir Edw. Leech and Mr. Page:
1. To recommend to them the Petition of the King's Footmen.
and about the following Particulars.
2. To desire Concurrence in an Order concerning the poor Servants of the King, Prince, and the Duke of Yorke.
3. To deliver to them the Order concerning Major Crumwell's Arrears, and to desire Concurrence therein.
4. To put them in Mind of settling the Judge and Jurisdiction of the Court of Admiralty.
Brown, Cler. Parl. and Sir A. Littleton versus Morris, alias Pointz, & al. for forging an Act of Parliament.
This Day John Browne Esquire, Clerk of the Parliament, exhibited Articles against John Morris, alias Pointz, and Mary his Wife, Leonard Darby, Isabell Smyth, and John Harris; which were received, and read.
(Here enter them.)
Also Sir Adam Littleton exhibited Articles against the aforesaid Persons; which were received, and read.
(Here enter them.)
Ordered, That the Persons accused shall have a Copy of the said Articles, and return their Answers to this House on Thursday next, in Writing; and that this Cause, together with the Complaint of the said Morris, shall be heard, at this Bar, together, on Tuesday come Sevennight peremptorily, by Counsel and Witnesses on both Sides.
Sir H. Carew versus L. Mohun.
Upon reading the Petition of Sir Henry Carewe, against the Lord Mohun:
It is Ordered, That the Lord Mohun shall have a Copy of this Petition, and return his Answer; and then this House will take the Business into further Consideration.
Smith to be attached, for hunting in L. Say's Grounds, and disturbing the King's Game.
Upon Complaint of the Lord Viscount Say & Seale, That Thomas Smyth (fn. 3) does, contrary to the Order and Command of this House, continue to hunt in his inclosed Grounds, and disturb the King's Game upon Hounsloe Heath;" shall, for his said Contempt to this House, be attached, by the Gentleman Usher or his Deputy, and brought before this House to answer the same.
Ordinance to send Persons out of the Lines, who have been in Arms against the Parliament;
An Ordinance was drawn up, by the Directions of the House, for sending all Persons out of the Lines of Communication, that have taken up Arms against the Parliament:
Which being read Thrice;
The Question being put, "Whether to agree to the Ordinance now read?"
It was Resolved in the Affirmative.
Protest against it.
The Lord Hunsdon, before the putting of the aforesaid Question, desired Leave to enter his Dissent, if this Question were carried in the Affirmative: Which being granted, his Lordship entered his Dissent, by subscribing (fn. 4) his Name.
Ordinance for the Reformadoes to leave London.
The (fn. 4) House took into Consideration the Desire of the City, concerning the Reformado Officers.
And the Earl of Denbigh, Lord Viscount Say & Seale, and the Lord Wharton, to prepare an Ordinance for the appointing of a Day when the Reformadoes shall depart this Town, after their being paid; and that there be a Distinction made of the Reformado Officers.
And the Question being put, "Whether the said Committee shall draw up the said Ordinance now?"
It was Resolved in the Affirmative.
Protest against it.
Memorandum, That the Earl of Stamford, before the putting of the aforesaid Question, desired Leave [ (fn. 5) to enter] his Dissent, if the Question were carried in the Affirmative: Which being granted, he did accordingly enter his Dissent, by subscribing his Name.
The said Committees reported the Draught of the aforesaid Ordinance to the House; which was read the First Time.
And the Question being put, "Whether this Ordinance shall be now read the Second Time?"
It was Resolved in the Affirmative.
And then the said Ordinance was read the Second Time.
Ordered, That this Ordinance shall be re-committed to the same Committee; who are to bring it in again To-morrow Morning, with Alterations, according to the Sense of the House.
Brown, Cler. Parl. versus Morris & al. for forging an Act of Parliament.
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of John Browne Esquire, Clerk of the Parliaments, humbly exhibiting in this Honourable House these ensuing Articles and Charges against John Morris, alias Poyntz, Mary his Wife, Isabell Smith, Leonard Darby, and John Harris:
"1. That John Morris, calling himself Poyntz, and Mary his Wife, together with Leonard Darby, Isabell Smith, and John Harris, have framed, invented, and forged, a Copy of a pretended Act of Parliament, intituled, "An Act to enable and make good a Conveyance and Assurance, made of the Manors of Chipping Onger, North Okenden, South Okenden, and other Lands, in the County of Essex, and Beaves M'kes, alias Buryes Markes, in London, by James Morris Esquire, and Gabriell Poyntz Esquire, to John Poyntz, alias Morris, and his Heirs; and to establish the said Manors upon the said Poyntz, alias Morris, and his Heirs, according to the said Conveyance," alledged to be made 43 Eliz.; whereas, in Truth, there neither is, nor ever was, any such Act of Parliament; and have forged and counterfeited the Hand-writing of your Petitioner, and subscribed the said Copy "John Browne, Cleric. Parliamentor."; and, the better to colour their lewd Practices, have, in a Petition to your Lordships, charged the Petitioner with the Loss of the said Record, and denying of his own Hand.
"2. That John Morris, Leonard Darby, and John Harris, did produce the said Copy at Chelmesford, at the last Assizes for the County of Essex, at a Trial in Ejectione Firm. for Part of the said Lands contained in the said pretended Act; and did plead and affirm the same to be a true Act of Parliament; and the said Darby and Harris did falsely and perjuriously swear, in open Court, at the said Trial, that they had examined the said forged Act by a Record in the Office of the Clerk of the Parliament; and did there also falsely and perjuriously swear, that they did shew that Writing to the Clerk of the Parliament, and that he did acknowledge the said Writing to be his own Hand; whereas, in Truth, the said Superscription to the said pretended Act of Parliament is counterfeited, and none of your Petitioner's Hand.
"3. That the said John Morris and Mary his Wife have charged your Petitioner with Combination with John Throckmorton, for drawing up what Orders they please, for their own Advantage, in this Honourable House, against them; and that your Petitioner hath abused the Justice of this Honourable House, by Three several Orders, bearing Date 11 June 1647, 15 Junii 1647, 19 Junii 1647; videlicet, in detaining their Evidences and Writings.
"All which are Crimes of a very high and transcendent Nature, and do concern the Public Justice of the Kingdom, and of this Honourable House the Supremest Judicature in this Kingdom, that Acts of Parliament, the highest Records in the Kingdom, should be framed, invented, forged, and given in Evidence, and published as true Acts of Parliament, and your Petitioner's Hand (a sworn Officer to this Honourable House) forged, counterfeited, and subscribed to the same; as that, if such bold and audacious Acts should not be severely punished, no Man can be safe in his Life, Person, or Estate. All which your Petitioner is ready to aver and prove, as this Honourable House shall appoint; and humbly prayeth, that the said John Morris, alias Poyntz, and Mary his Wife, Leonard Darby, Isabell Smith, and John Harris, may forthwith answer the said Charges; and that your Lordships would inflict such exemplary Punishment, upon the Offenders as may prevent the like Attempts and lewd Practices of others; and give your Petitioner such fitting Reparations as your Lordships in Wisdom and Justice shall think meet.
Sir A. Poyntz, alias Lyttleton, versus Morris & al. for forging the aforesaid Act of Parliament.
"To the Right Honourable the Lords assembled in the High Court of Parliament.
"The humble Petition of Sir Adam Poyntz, otherwise Litleton, Baronet;
"That whereas Sir Gabriell Poyntz, Knight, now deceased, being lawfully seised in his Demesne, as of Fee, of all those Houses and Grounds, with the Appurtenances, called Bevis Markes, in the City of London, and of the Manors of North Okenden, Poyntz, and Groves, and other Lands in Essex, did, by several Fines levied by him in Hillary Term 2 Jacob. and by Indenture dated 2 Jan. 2 Jacob. declaring the Uses of the said Fines, convey and assure all the said Premises to certain Persons of his Blood, named in the said Indenture, for certain Estates therein expressed, and now all divers Years past determined; and limited the Remainder and Inheritance of all the said Premises unto Dame Audrey your Petitioner's Wife, being his Heir at Law, (videlicet) sole Daughter and Heir of Thomas Poyntz, the only Son of the said Sir Gabriell; by Force whereof, your Petitioner and his said Wife, in her Right, entered and were lawfully seised of all the said Premises in Possession, and quietly took the Profits thereof, until about the Month of September, 1644, that one John Morris, who hath no Relation of Blood, Affinity, or Name, to the said Sir Gabriell, but was a meer Stranger, and never known to him, calling himself without any Colour by the Name of Poyntz, and confederating with Isabell Smith Wife of Thomas Smith, Leonard Darby, John Harris, and divers others whose Names your Petitioner cannot yet fully discover, they the said Confederates have, by divers unlawful Means, troubled and oppressed your Petitioner and his said Wife, and endeavoured to deprive them of their said Inheritance, by framing a false and feigned Title thereunto, for him the said John Morris; for which Purpose, they have unlawfully and wickedly forged divers false Writings, (videlicet) Two Copies of Two Fines pretended to be levied of all the said Premises at St. Albans, Quindena Martini, 37 Eliz. by the said Gabriell Poyntz; also the Copy of a pretended Licence, or Pardon of Alienation, upon the said Fines, or One of them; also the Copy of a pretended Plea in the Exchequer, declaring the Uses of the same pretended Fines, by a pretended Deed, dated 1 Martii, 38° Eliz; and lastly, a false Copy of a pretended Act of Parliament, in 43° Eliz. subscribed with the Name of "John Browne, Cleric. Parliamentor." mentioning and confirming the said pretended Conveyance, whereas in Truth there neither are, or ever were, any such Records or Deed; all which they have published and shewed forth in many Places, affirming them to be true Copies, and thereby have drawn to their Party and Confederacy one James Whitby of London, and others, who do unlawfully maintain and countenance the said Morris in many Suits, by disbursing their own Monies (being above Two Thousand Pounds, as themselves affirm) and otherwise, and by taking Contracts and Promises of Leases, and other Estates and Charges, from the said John Morris, of divers Parts of the Premises, in Recompence of their said Monies, and other unlawful Maintaining, calling themselves "Adventurers;" and at the Assizes for the County of Essex, in April last, upon an Ejectione Firmæ brought by Thomas Smith, Husband of the said Isabell, and Lessee of the said John Morris, against Josias Clerke your Petitioner's Tenant, the said Leonard Darby and John Harris being produced as Witnesses, by the Procurement of the said Morris and the rest of his Confederates, did falsely and perjuriously swear the said Writing, so subscribed with the Name of the said John Browne, was a true Copy of the Record or Act of Parliament, and was examined by them with the Record, and that the said Mr. Browne had acknowledged his Name subscribed to the said Copy to be his own Hand-writing; since which Time, the said John Morris and Mary his Wife, Isabell Smith, Darby, and Harris, or some of them, have wickedly forged a false Exemplification of the said pretended Act, under the Great Seal of England; and being questioned before your Lordships for forging the said false Copy of the Act and the Subscription of Mr. Browne's Name thereunto, the said Morris and his Wife, by Procurement of the said Isabell Smith, Darby, Harris, and the rest of the Confederates, have exhibited unto your Lordships several Petitions, thereby setting forth the feigned Title of the said Morris to your Petitioner's said Lands by the said Forgeries, and charging the said Mr. Browne, Mr. Throckmorton his Deputy, and your Petitioner, with Combination, to misinform your Lordships, that the said Morris had forged the said Copy of the Act and the Subscription thereof; which they the said Confederates justify as true Things, which are utterly false and groundless; it being not only improbable that the said Sir Gabriell should make any such Conveyance, wholly to divest himself of all his Estate in present, and to disinherit his said only Son, whom he entirely loved, and after advanced in Marriage to One of the Daughters and Heirs of the Lord Chief Baron Periam, making her a Jointure of a great Part of the Premises, which she quietly enjoyed till her Death, which was in March was Twelve-month; and it being also impossible he should levy any such Fines which are pretended to be levied at St. Albons, there being then no Term there but at Westm'r; or thereby or otherwise convey divers Parts of the Premises expressly mentioned to pass, being not then Owner of them: Yet the said Morris and his Confederates are so audacious, as by his Petition to crave Liberty to appear and make good the Suggestions thereof; which being granted, and several Days appointed him for that Purpose, yet he still absenteth and obscureth himself, and seeketh Delays, to the great Abuse of this Honourable House, the highest Judicatory.
"All which being Crimes of a high Nature against this Honourable House, and the Justice of the whole Kingdom, and tending to the utter Disinherison of your Petitioner, do require speedy Redress; and for that the said Morris by his own Offer hath chosen to justify himself before your Lordships, and your Petitioner is very ready and willing, before so Honourable Judges, to aver and make good all his said Allegations:
"Your Petitioner most humbly prayeth, That the said Morris and the rest of the Confederates may forthwith answer the Premises; and that your Honours will be pleased to hear and examine the said Matters, and inflict such exemplary Punishment upon the said Offenders, and give your Petitioner such Reparation, as to your Wisdoms shall seem meet.
"And your Petitioner will ever pray, &c.
"Adam Poyntz Littleton."
This Cause to be further heard.
Upon reading of Articles this Day in the House, exhibited by John Browne Esquire, Clerk of the Parliaments, Plaintiff, against John Morris, alias Poyntz, Mary his Wife, Isabell Smith, Leonard Darby, and John Harris, Defendants:
It is Ordered, &c. That the said Defendants shall put in their several and respective Answers in Writing, unto the said Articles, into this House, on Thursday next, being the First of July; and that the Cause depending in this House upon Petition and Answers, wherein John Morris, alias Poyntz, is Plaintiff, against the said John Browne Esquire, Sir Adam Littleton Baronet, and others, Defendants, and also this Cause upon the said Articles exhibited this Day by the said John Browne Plaintiff, against the said Defendants, shall be both peremptorily heard, at this Bar, on Tuesday the Sixth of July next, at Nine of the Clock in the Morning; and hereof all Parties are to take Notice, and attend by their Counsel and Witnesses accordingly; and that the leaving of this Order, or a Copy thereof, at the House or Lodging of the said John Poyntz, alias Morris, shall be a sufficient Serving of the same.
Upon reading of the humble Petition of Sir Adam Poyntz, otherwise Littleton, Baronet, this Day in the House, Plaintiff, against John Morris, alias Poyntz, Mary his Wife, Isabell Smith, Leonard Darby, and John Harris, Defendants:
It is Ordered, &c. That the said Defendants shall put in their several and respective Answers in Writing, unto the said Petition, into this House, on Thursday next, being the First of July; and that the Cause depending in this House upon Petition and Answers, wherein John Morris, alias Poyntz, is Plaintiff, against the said John Browne Esquire, Sir Adam Poyntz, otherwise Littleton, Baronet, and others, Defendants, as also this Cause upon the said Petition exhibited this Day by the said Sir Adam Poyntz, otherwise Littleton, Plaintiff, against the said Defendants, shall be both peremptorily heard, at this Bar, on Tuesday the Sixth of July next, at Nine of the Clock in the Morning; and hereof all Parties are to take Notice, and attend by their Counsel and Witnesses accordingly; and that the leaving this Order, or a Copy thereof, at the House or Lodging of the said John Poyntz, alias Morris, shall be a sufficient Serving of the same.
House adjourned till 10a cras.