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A55604 An appeal to each individual member of the present Parliament and army in the case of John Poyntz aliàs Morris, Mary his wife, Isabella Smith, Leonard Darby and John Harris: who by the power, policy, treacherous insinuations, and scandalous suggestions of John Brown, Clerk of the House of Lords (who have combined with one Littleton) have been illegally imprisoned in four several prisons, by vertue of the Lords order, for the space of twenty months; and by the Lords fined and sentenced, without crime, without legal hearing, without evidence; not being suffered to enjoy the benefit of law or make their lawful defence, as by law they ought. Poyntz, John, fl. 1647-1650, attributed name. aut 1648 (1648) Wing P3131C; ESTC R205396 7,693 1

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Sir Edward Powel the which Mr. Brown hearing immediately went with others with him unto the said Justice Sir Edward Powel and told him he would cause his Commission to be taken from him if he did not immediately cause the said Pendred to be attached again upon which the said Sir Edward Powel through fear of his power did accordingly by vertue of a Warrant from Sir John Woollaston attach the said Pendred in the City of London the same day that he had taken bayl and carried him back to the Gatehause Westminster again where he hath remained in prison many months to his total ruine of his Estate and hazard of his life by reason of much sickness occasioned by his said imprisonment 13. Item after the said Pendred had put in his Petition to the Lords certifying them of his hard usage the said Master Brown opposed it and said that his bayl was Knights of the Post by whose power and prevalency in the House of Lords he the said Pendred is still kept in durance in the Gatehouse and his bayl cannot be admitted to clear and vindicate themselves of Mr. Browns false slanders and accusations by reason of his being protected by the Lords 14. Item that though upon the Petition of Poyntz alias Morris Mary his wife Leonard Darby John Harris and Isabella Smith the Lords referred it to the Judges to consider and make their Report Whether the said Pendred and the rest might be released from their imprisonment in regard of the fines imposed upon them by the Lords Which Report was accordingly made by the Judges that they might be released from their imprisonment notwithstanding the sines in regard that the Order for their commitment was not for any fine but till the pleasure of the Lords were farther signified Upon which the said Mr. Brown openly opposed their inlargement in the House of Lords by a Petition of his to the-Lords and thereupon keepeth them still in durance and absolutely refused to signe a Copy of the Judges Report made to the Lords for their inlargement whereby it might not be so authentike as otherwise it would 15. Item he the said John Brown hath brought many vexations and causeless actious upon many of the friends of Poyntz alias Morris on purpose to heat them of from their appearing in his behalf the better to keep the said Pendred and the 〈◊〉 in prison and from a tryal at Law 16. Item that the said John Brown came to the house of Commons and endeavored to his utmost power to hinder the Petition and Appeal of Poyntz alias Morris and the rest c. from being delivered and read 17. Item these and many other high crimes misdemeanors and oppressions have been committed by the said John Brown Clerk to the House of Lords which will be evidently proved by lawful and competent Witnesses when ever your Excellency shall please to appoint a Committee to receive the same or otherwise as your Excellency shall think meet And having proceeded thus far give us leave being thereto emboldened with the consideration of our innocency and his tyranny to appeal to God and all good men and if there be any yet remaining which have not made a covenant with Iniquity whose bearts God hath kept upright in the pursuance of Justice to such we call and cry and desire them to hear us from our several Cells of slavery and as they expect the blessing of God upon their proceedings Let them as an evidence thereof employ their power to bring us to a Bar of Justice to be tryed for all supposed Crimes laid to our charge And although we finde the subtle and plausible suggestions of Mr. Brown to be of too great weight to delude you yet we desire this may be the touchstone to try his truth by If as he pretends we be really guilty of such Crimes we dare him in the sight of God and good men to bring us to a legal tryal nay if we were guilty we might by the Law challenge it and it ought not to be denyed Oh therefore if you be Englishmen or would evidence to the World that you are no respecters of persons we are bold to challenge this justice of you to free us from our imprisonment by the Lords Order and bring us to a legal tryal that by the Law we may le acquitted or condemned This is pure Justice suffer us not to perish in prison while you may justly deliver lest by your silence you contract upon your selves the guilt of other mens oppressions Justice Justice Justice is the earnest prayer of John Mary Poyntz Leonard Darby John Harris Isabella Smith William Pendred Articles exhibited upon the 11. of December 1648. unto the Right Honourable the Lord Fairfax his Excellency against John Brown Clerk of the Parliament viz. 1. HE the said Iohn Browne contrary to the great trust reposed in him hath actually invaded and indeavoured to overthrow the Fundamentall Lawes of this Kingdom and by indirect illegall and arbitrary practices to delay obstruct and pervert Justice and infringe the Rights and Liberties of the People to the great damage and detriment of the whole Kingdom and divers persons and families viz. he the said Iohn Brown by vertue of his Office upon the 17. of August last did draw up an Order to conceal a horrid Act of injustice done by a Court of Aldermen sitting in Guildhall London about December 1647. for their not bringing Henry Wollaston the Goaler of Newgate London unto a legall triall for many high crimes of wilfull murder and many other particulars of absolute Felony charged upon the said Wollaston 2. He the said Iohn Brown the better to stifle justice and countenance the said high crimes and injustice did about the 24. of Ostober last cause one Richard Paris a late Member of the Army to be arrested and imprisoned in the Gate-house Westminster upon a vexatious Action of a thousand pound at the Suit of the said Iohn Brown meerly because Mr. Paris did prosecute the said crimes and injustice for the good of the Commonwealth 3. He the said John Brown utterly to destroy M. Paris for his fidelity to his Countrey did at his own charge remove Mr. Paris unto the Kings Bench Prison and there did cause two vexatious Actions more to be laid upon M. Paris viz. one in the name of the said Iohn Brown of five thousand pound and the other in the name of one Glover of fifty pound And the said John Brown did likewise give order unto the chief Bailiff of Westminster and to the Lord chief Justice Rolls that no Baile should be taken for M. Paris untill he the said John Brown had seen and approved them to the end that he might arrest and imprison them upon the like vexatious actions 4. He the said Iohn Brown further to expresse his countenancing of the said crimes and injustice and to molest M. Paris in the prosecution thereof did about the 16. of November last procure a speciall Warrant to attach and bring the person of M. Paris and three of his Witnesses viz. M. Clark M. Neale and M. Ienks before the said Lord chief Justice and upon the said Warrant M. Paris and M. Ienks were convented before the said Lord chief Justice upon the 20. of November last But the Lord chief Justice did send them both away having neither Accuser or Witnesse to lay the least crime unto their charge onely the said Iohn Brown who did falsly and maliciously say they were a company of Newgate birds 5. He the said Iohn Brown after that he had stifled Justice above 14. weeks by countenancing the said horrid crimes of absolute Felony and the aforesaid injustice did by vertue of his Office draw up an Order about the 20. of November last to recommend the Examination of the said crimes and injustice unto the Parties accused themselves viz. to the Court of Aldermen of London who are chiefly concerned in M. Paris his Appeale to the House of Lords for their male administration of Justice RICHARD PARIS