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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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Locks and entered the house and not finding the Copy of the Act with 〈◊〉 hand to it contrary to the Order of the Lords seized upon all Poyntz alias Morris his Evidences and other Writings and ●…ok of Accounts wherein the Tennants had set their hands and made their Aturnment according to Law and gave them ●…leton their Adversary to read saying He was Clerk of the Parliament and what he had done he could answer and to us day keepeth them having no Commission so to do but his own will 3. Item he the said John Brown having by vertue of the Lords Order seized upon the persons of Mary Poyntz alias Morris Isabella Smith and kept them in custody three weeks before he brought them before the Lords giving command 〈◊〉 their Keepers That they should not have a Copy of their Attachment notwithstanding the Lords Order was immediate and their persons to be brought forthwith before their Lordships 4. Item the said Iohn Brown did cause the said Poyntz alias Morris to be taken forcibly out of his house with drawn ●…ords threatning to be sheathed in the guts of them that did resist and by vertue of the Lords Order put him under the ●…k Rod from whence he the said M. Brown removed him to the Kings Bench and there entred an Action of a thousand ●…nd against him and declared in ten thousand pound for pretended words that the said Poyntz aliàs Morris his wife should ●…k but never brought him the said Poyntz before the Lords to this day to answer to what he had objected against him ●…he the said Mr. Brown did constantly oppose Poyntz aliàs Morris his proceedings and Petition delivered to the Lords 〈◊〉 shewed them to Littleton so that no legall hearing could be had 5. Item he the said John Brown having by vertue of the Lords Order seized upon the persons of Poyntz alias Morris ●…y his wife Leonard Darby John Harris and Isabella Smith he caused them to be committed close prisoners to four ●…al prisons viz. Kings Bench Gatehouse Westminster Ludgate Poultrey Counter where they all remain prisoners to day and he most maliciously and contrary to Law and without any command but his own will having them thus in ●…ance went from prison to prison threatning their respective Keepers That if they kept them not close prisoners he ●…ld make them lose their places 6. Item the said Master Brown at another time urged the Keepers That the aforesaid prisoners might be so locked up ●…t none might come at them and being told that they would be starved for want of Bread and eaten up with Lice the 〈◊〉 Master Brown replyed in words to this effect saying That if they did perish they need take no notice of it for it was ●…thing to them 7. Item he the said Master Brown having denyed his own hand to the said Copy before by him confest viz. in these ●…ds Who dare deny it In order whereunto for the better varnishing over of his most wicked practices caused the said Master Hunt an under Clerk to the House of Commons who delivered the said Copy with Master Browns hand to it to Leonard Darby and Isabella Smith to put in an negative answer in writing and not viva voce as by law he ought viz. He did not remember the delivery of the Copy of the said Act whereupon he the said Master Brown by his power and prevalency with the Lords got the said Copy of the Act condemned and Poyntz alias Morris Mary his wife Leonard Darby John Harris and Isabella Smith sentenced and fined although Poyntz alias Morris Mary his wife Leonard Darby John Harris and Isabella Smith were never suffered to make there lawful defence in regard many of their Friends and their Witnesses not daring to appear at the Lords Bar for fear of Master Brown in respect of his continual threats and flanders 8. Item he the said Master Brown knowing his own guilt fearing he thould not be able to delude the Lords to a beleif 〈◊〉 his false and flanderous Accusation endeavored to subborn and hire Witnesses against Poyntz alias Morris Leonard ●arby and Isabella Smith In order whereunto he the said John Brown went unto one Godfrey Cade who hath been a prisoner in the Fleet and other places neer twenty yeers and gave him one pound and five shillings and promised him five pounds more with his inlargement and other courtesies provided he would make oath before the Lords That he the said Cade forged the said Copy of an Act of Parliament and counterfeited the said Browns hand to it for Leonard Darby and Isabella Smith In order to which end he the said Master Brown caused the said Cade to be brought up to the Lords House accordingly as by the said Cade was confost several times since before divers sufficient Witnesses 9. Item he the said John Brown hath from time to time molested standered and troubled all persons and friends that did at any time appear in the behalf of the said Poyntz alias Morris Mary his wife Leonard Darby John Harris and Isabella Smith 10. Item he the said Master Brown knowing and finding that Mr Audly cheif Clerk and Master of the Treasury of Records in the Court of Wards had delivered to Isabella Smith in the presence of others several Copies of Records attested under his hand found by his Clerks in his Treasury at Westminster old and dusty not to be read without sweeping whereby the Title of Morris to the said Estate was cleared and the Act of Parliament manifested came to the said M●… Audly and threatned him with the loss of his place if he should dare to maintain any thing against him and finding the said Master Audly to persist in the justification of himself in the delivery of Copies to Isabella Smith concerning the Estate of Poyntz alias Morris be the said Master Brown caused the said Master Audly to be brought to the Lords Bar and endeavored to have him fined and to lose his place for the same 11. Item the said Master Brown felloniously hath caused all the said Records lately remaining in the Treasury of the Court of Wards and in the Tower concerning the Estate of Poyntz alias Morris to be removed and delivered into his own custody and also the Copy of the Act with his own hand to it delivered by Mr. Hunt but then in the hand of Master Twisden a Councel for Poyntz alias Morris which by Law is fellony as appears by the Statute of the 8 of H. 6 chap. 12. to remove condemn or cancel Records 12. Item he the said Mr. Brown hath unjustly and maliciously upon a slanderous suggestion caused one Mr. Pendred who appeared in the business to be imprisoned for pretended words by vertue of a pretended Order of the Lords directed by him the said Mr. Brown to one Justice Manly of Westminster unto which Warrant of Commitment the said Pendred put in sufficient bayl before Sir Edward Powel another Justice for Westminster and was released by the said
An APPEAL to each individual Member of the present Parliament and Army in the case of John Poyntz aliàs Morris Mary his wife Jsabella 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 hav● 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 SIR AS it is a known and approved maxime That crimes are by so much the greater by how much the greater the Persons are that commit them so it is as certain that that injustice is by so much the more superlatively great which is perpetrated under pretext of doing Justice Sir John Poyner alias Morris c. hath been imprisoned by the Lords for a pretended Forgery upon the suggestion of John Brown Clerk of the House of Lords and one William Littleton upon whose complaint the Lords contrary to the Great Charter which sayes Noman shall be diseized of his Freehold Liberty or Estate nor be passed upon save by the judgment of his Peers or by the Law of the Land proceeded to judgment against the said Poyntz alias Morris was never brought to the Lords Bar to answer to what was objected against him by Vertue of which Sentence the said Poyntz alias Morris and Mary his wife Isabella Smith Leonard Darby have remained prisoners ever since May was a twelvemonth having an estate of above two thousand pound per annum kept from him by reason of the said illegal Sentence That we have not been wanting in our endeavors both to obtain our Freedoms and clear our innocency is apparent by our several Addresses made to the House of Commons the sum of all our desires being as followeth That forasmuch as it is apparently aggreeable to the Law of the Kingdom That all Offenders are to be tryed for all supposed Crimes by a Judg sworn to proceed in an ordinary Court of Justice according to Law and a Jury of their equals sworn to proceed according to evidence And forasmuch as notwithstanding all our endeavors we could never obtain so-much Justice as such a legal Tryal being but that which Fellons or Murtherers may challenge and do frequently enjoy but contrarily have been and are destroyed by the Lords who are deluded by Master Browns false suggestions That therefore the house of Commons would be pleased to free us from our fines and imprisonment by Vertue of the Lords Order And that we might be brought unto a speedy Tryal per pares for all Crimes that can be laid unto our charge that by the Law we might be acquitted or condemned Several Citizens having waited many days with our Petition and delivered several Papers to the Members desiring a positive Resolution whether they would receive our Appeal or no. On Saturday November 1648. Master Brown having been a pretty season in the House before the sitting thereof our Appeal was read and referred to a Committee whercof Master Prynne Master Browns special Friend was to have the Charge by whose means notwithstanding multitudes of solicitations day after day we could never get a Committee to sit but we are still left to be destroyed by a merciless and unjust imprisonment Whereupon seeing all Power and Authority perverted and no possibility left for our deliverance we were as persons altogether without hope until God was pleased to open a door and let in comfort by the appearance of his Excellency Thomas Lord Fairfax and the Forces under his Command for the due execution of Justice and Relief of the Oppressed From whose Declarations and Actions we gathered encouragement to represent our Grievances and Desires formerly presented to the Parliament together with these following Articles exhibited against Master John Erown All which are ready to be made good by legal and competent Witness when ever the said Master John Brown Clerk of the House of Lords shall be secured or called to account for the same The Copy of the Articles exhibited to his Excellency Thomas Lord Fairfax General c. against John Brown Clerk of the house of Lords IMprimis He the said John Brown contrary to Law and a good Conscience most wickedly did combine and counsel one Sir Adam Littleton who had laid claim to the Estate of one John Poyntz alias Morris Esquire the said Littleton having been several times overthrown by the said Poyntz alias Morris viz. By four several Offices in Essex and London at he was found Heir apparent at Law to the said Estate although the Evidences and other Writings by which his Ancestors held and injoyed the said Estate be concealed and withheld And possession was given to the said Poyntz alias Morris ac●…ding to two Injunctions given by Sir Rowland Wansford of the Court of Wards and Turnment made by the Tennants Farmers of the said Estate upon their knowledg his Ancestors injoying of the Estate above fifty yeers and never in any ●…er name to this day but Poyntz alias Morris since the 38 of Elizabeth Notwithstanding all which clear proofs and many more the which for brevity sake are not here inserted did Councel to bring the business into the Lords House promising and warranting the said Estate unto him the said Sir Adam Littleton In order to which he the said John Brown caused the said Poyntz alias Morris Mary his wife Leonard Darby John Harris and Isabella Smith to be sent for before the Lords and accused them with a pretended forgery of a Copy of an Act of Parliament although the Copy of the said Act was delivered to Leonard Darby and Isabella Smith with Master Browns hand to it by one Master William Hunt ●…nd under Clerk of the House of Commons and examined in Master Browns Office and by Mr. Brown himself since acknowledged but since his said Combination with Sir Adam Littleton denyed And he the said Master Brown came to the ●…ouse of Poyntz alias Morris and threatning That if he met with him he would make him come short home 2. Item in pursuance of the ends aforesaid he the said John Brown having upon his false accusation obtained an Order ●…rom the Lords for the apprehending of Poyntz alias Morris Mary his wife Leonard Derby John Harris and Isabella ●…mith came himself in person together with one Frogmorton his man and Littleton and others about eleven a clock in the night to the house of Poyntz alias Morris and he the said Master Brown gave command to the Constables to break open the doors of the house of the said Poyntz alias Morris and being asked by the Constables for his Warrant Master Brown replyed saying I 'll warrant you but the Constables refused whereupon the said Mr. Brown himself and his followers broken open three doors with Bolts and