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 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 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.

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