The Case and Vindication of John Poyntz, alias Morrice, and his Friends. OR The first part of their long proceedings and oppression in the House of Lords, who nev [...] could be released, notwithstanding the Judges of Englands Report for their deliveranc [...] but are denyed the benefit of the Common Law, which is the Subjects birth-right and i [...] heritance: This is declared for the satisfaction of all those that wish well, and that wi [...] stand up to maintain truth, and that desire their brother Commoners deliverances, an [...] to know the oppressors from the oppressed, and what the right and interest of a Common [...] is, by the great Charter of England. [...] in the Year. 1648.

About [...] 1594 [...] between John Morrice and Katherine [...] and daughter of James Morrice, Esquire of Chipping-onger, and of Gabriell Poyntz no [...]thokenden Esquire; upon which Contract an agreement was made, and conveiances draw for the setling the estates of the two Fathers, to the value of above 2000 li per annum, upo [...] the sa [...]d John and Katherine for life, and their heirs male of their two bodies for term of life and in case or such default, then upon Edward the second son of the foresaid James Morrice for life, and to the heirs male of his body for life, and in case of such default, then upon the right heirs male of the body of the said James Morr [...]ce for ever.

That the foresaid John Morrice and his heirs male have, (from the time of settlement) born up the name of Poyntz, as they became heirs, from heir to heir, and so doth this that now is in prison; in order whereunto the said John Morrice that married Katherin was entered into the Heralds books by the name of Poyntz, alias Morrice upon his marriage, and the Arms of both families have been born up by the Morrices ever since also: the succession stands thus;

James Morrice had to male issue Iohn and Ed­ward. Gabriel Poyntz had to issue Thomas, and the a­foresaid Kath [...]rine.

John and Katherine had male issue, Iames, Poynts, and Uranus.

Uranus the youngest son dyed first, without issue.

Iame [...] the eldest son of Iohn and Katherine had to male issue Richard, who dyed about the age of 20. without issue.

Poyntz Poyntz, the second son of John and Katherine enjoyed the said estate after the decease of Richard his brothers son, and dyed without issue, at whose death the male issue of Iohn and Katherine ceased, and then the e [...]tate falls to Edward the foresaid Iohn's brother, the second son of Iames Morrice senior as a­foresaid, Edward was dead before the said estate fell, and left male issue, this Iohn Poyntz alias Morrice now in possession, according to Law, as afterwards will ap­p [...]ar.

Thomas dyed underage, before this Contract of Iohn Morrice with his Sister Katherine, leaving issue two daughters, Audry and Susanna, to wh [...]m the Grandfather Gabriel Poynts set out 3000 l. for their portions out of the estate setled upon John and Ka [...]herine, which 3000 l. was accordingly paid by Iohn Poyntz, alias Morric [...], besides 1000 l. paid by the said Iohn to the said Gabriel, and Iames, in liew for the better advancement of them and their heirs, not mentioned in the said conveighances, and to free the said Iohn from all incombrances and suits which might otherwise happen by reason of the said Contract, Bond was given, that of the said Audry or Susauna should disturb the heirs of the Morrices in their possession of the premises, th [...]y should lose their portions.

And for the more effectual investing the title and right to the premises, according to the said deeds and Contract. An Act of Parliament as obtained in or about the 43 of Elizabeth, for the setling the same upon Iohn Poyntz, alias Morrice, and the rest of the heirs male of the Morrices; by deeds and Act they the said Iohn and Katherine: and their heirs have held and possessed the said estate.

Now that the estate was really setled upon the said heirs male of the Morrices, and by them possessed 49 years, and never in any other name to this day. I here are these clear evidences, besides all the Te­nants to witness the same.

1. Several evidences confirmed by an Act of Parliament; as for example, 3 fines levyed at S. Al­bons, dated 37. of Eliz. A Plea in the Chequor, 38 of Eliz A Pattent under the great Seal, 2. August, 38. of El [...]z. An Indenture dated the 1 of March, 38. of Eliz. Four several offices found upon this [Page] [Page 1] [...] [Page 2] [...] Poyntz, alias Morrice. The first the 17. of September before Iohn Tuke Esquire, 20. of Caroli in Es­ [...]. The second on the 12. oft sepsember before the same Tuke in the same year. The third on the [...]. of October, 21. of Caroli in Guild-Hall London, in the majoralty of Alderman Atkins. The fourth c 23. of December, 21. Caroli in Guild-Hall London, in the majorality of Alderman Adams, Two In­ [...]nctions for possession given by Sir Rowland Wansford of the Court of Wards, one for the Lands in [...]ssex, and the other for Lands in London, dated 31. of Ianuary 1645. 21. Caroli. The acknowledgment [...] all the Tenants upon sight of the same, who upon knowledg of his title gave possession, and made [...]turnenent according to Law. After all which by a verdict at the Kings Bench, upon a tryal for a [...]ynture, concerning Lady Poyntz, alias Morrice, who is now wife to M. Burrows Esquire; the title was [...]nfirmed to this Iohn Poyntz, alias Morrice, as he was found heir at Law, save about 400 l. per annum, [...]ring her natural life; upon all which clear proofs the Committee at Haberdashers Hall issued our Bill in his name the 4. of March 1645. for his twentieth part of the said estate, and by vertue thereof [...]opt the Rent in the Tenants hands, till satisfaction was given to that Committee. Notwithstanding [...]ll which, one Sir Adam Littleton, that married Audry the grandchild of the foresaid Gabriel, upon pre­ [...]ence of a collateral deed by which he pretends a title to the Lands in question, (as soon as the last heir was dead,) Sureptitiously a Trunk of writings and evidences were broke open in Sir Foulk Gre­vil his house in London, being the place of his departure; his wife having the key in her pocket, who never knew it till three days after, about which time Sir Foulk Grevil, and Sir Adam Littleton gave out, that this said Poyntz, alias Morrice was a bastard, although they both knew the contrary, all which he was forced to cleer by witnesses upon oath to his dammage 30. l. and not only so, but to obscure the truth, money was given, and writings bought of the wife of the deceased heir for a thousand pounds; having to this day by that indirected means with-held and concealed all the writings and evidences taken at the breaking of the Trunk; and Sir Foulk Grevil pretended a title by a will, alias deed of gifts, made by the deceased heir, of 200. l. per annum, given to his two sons, which hath been produced amongst the Te­nants, and by them disclaimed, as declaring their knowledg, that the estate was to pass from male to male of the Morrices. After all which the said Sir Adam Littleton to colour his wicked practises, and to obscure the truth, and defraud the said Morrice of his right, got the Land sequestred, to put Morrice out of his lawful possession, and hath entered into a Combination with several persons, viz. Iohn Brown Clerk of the House of Lords, and others, &c. by whose power and policy he the said Sir Adam Littleton and his accomplices hath not only got an advantage to secure themselves from condign punishment for their wicked practises, but also hath laid many false accusations upon the said Poyntz, alias Morrice, thereby endeavoring not only to blast his repute destroy his title, and with hold his right, but also bring his life, and his witnesses, and all that appear in his cause in danger, as shall appear by the subsequent Narrative.

For when the said Morrice found himself deprived of the benefit of his evidences, by which his Ancestors enjoyed the estate, which used to be delivered from heir to heir, he was necessitated to make a strict search in all Courts of Record, by means whereof he made such a clear discovery of his title, that had not Sir Adam and his accomplices sold themselves to do wickedly, it had not been possible for him to have found out a way to deprive Poyntz, alias Morrice of his rights, or peaceable enjoyment of his pos­session in the premises.

For 1. Poyntz, alias Morrice upon search found that there was an Act of Parliament by which these Lands in question was confirmed on the heirs male of the Morrices; a Copy of which Act he the said Poyntz, alias Morrice procured with M Brown's hand to it, given by M. Will. Hunt an under Clerk of the House of Commons, which Copy was examined in M. Browns office, and afterward being shewed to M. Brown, and told it was questioned by Sir Adam Littleton, the said M. Brown took it, and looked upon it, and gave it back, saying, who dare deny it? And yet after all this the said Brown having entered into a Combination with the said Sir Adam, and having as is conceived for the consideration of a great yearly value payd out of the estate, to be conveighed and assured by Littleton unto him the said Brown, his heirs, &c. hath perswaded and warranted the same estate unto the said Sir Adam; for Sir Adam said, that after he saw the Copy of the Act he would not have troubled Poyntz, alias Morrice, but by M. Browns perswasions. In order whereunto he the said M. Brown hath since denyed his hand, before acknowledg­ed by himself, in saying, who dare deny it? and being shewed to divers Councelors in Westminster Hall, every one said it was his hand, or else they never saw it; and they the said Brown and Littleton caused the said Poyntz, alias Morrice his wife and witnesses, &c. to be imprisoned by vertue of the Lords Order [Page 3]for a pretended forgery of an Act of Parliament, although not one witness was examined to prove th [...] truth, but only M. Browns own report and Littletons, and caused the said Act to be condemned in th [...] Lords House as a forged Act, although it were upon record in his own office, and so acknowledged to b [...] as will be proved, and upon record in the treasury of the Court of Wards with other evidences, and Plea of a deed found in the Tower, also setling the said estate upon the heirs male of the Morrices, C [...] ­pies given and attested by all the respective Officers of several treasuries; but now for fear of M. Brow. denyed by all but M. Audly the master of the office of the Court of Wards, who hath and doth stand [...] the attesting Copies under his hands, (notwithstanding M. Brown hath often threatned him for deliv [...] ­ring the same, because they were against him, and not only so, but endeavouring to have the said [...] Audly fined and turned out of his place, pretending that all the said Records are forged by the [...] Poyntz, alias Morrice and his friends, which is both improbable and impossible, viz. That an Act of Pa [...] ­liament should be forged, containing the names of several persons in whose tenure and occupation [...] said Lands at the date thereof were, and that the original should be shuffled into M. Browns treasu [...] and a Copy thereof with other Records into the treasuries of the Court of Wards, and the Plea of [...] deed into the Tower of London, and there be found under lock and key, lying amongst all other R [...] ­cords, old and dusky, not to be touched without sweeping first just at this time to make out an unknow [...] title, and all by an illitterate woman which can neither write nor read Lattin, nor knows not what La [...] is, and this is one of the chief slights (As these men pretend, and will make the world beleeve it, a which will be a matter hardly to be credited by any rational man.) But that it is not only improbab [...] and impossible, but also a false slander, shall be clearly proved several ways. For although a Copy the Plea found in the Tower had formerly been given and attested by M. Collet of that office decease [...] and although it was shown to M. Riley now Officer there by two Councel, and the original desired to [...] seen, the said Riley refused it without an order from the Lords, saying, it concerned M. Brown; and afte [...] ­wards when M. Rileys Clerk did search and find the original in his presence, and in the presence [...] Poyntz, alias Morrice friends; he the said Riley fell out with the Clerk, saying, you might have chus [...] whether you would have found it, for you knew it was against M. Brown, and locked him out of the offic [...] two days.

2. The said Act hath been acknowledged and examined with the Record in master Brownes office and to be delivered out by M. William Hunt, with M. Browns hand to it, as will be proved by many wi [...] ­nesses.

3. The said M. Brown and Littleton now acknowledg that there is an Act for the sale of part of th [...] estate, made in King James his time, when it was in the possession of Sir James Poyntz, alias Morrice, th [...] son of John and Katherine. Now it is cleer, that unless the estate had been setled upon the father, an so upon the heirs male of the Morrices by an Act, the son might have alienated part of the estate fo [...] the payment of his debts by fine and recovery, as firmly, and with less charge by far then by Act [...] Parliament; but being setled by Act, he must of necessity have an Act to enable him in the alienation▪

But thirdly, there was no reason why this Poyntz alias Morrice should forge, or cause an Act of Parli­ament to be forged to maintain his Title, he being able to prove that his Ancestors enjoyed the sam [...] estate 49 years, and never in any other name since that setlement; and he himself having had so many offices found for him, besides a Verdict confirming his Title by Law, and the Tenants yeelding him possession and turning Tenants unto him, which was a better Title by far, without the Act of Parlia­ment, then ever Sir Adam Littleton could make or show for the premises, which is nothing but a Colat­teral Deed made about four years after the decease of the foresaid Iames that setled this estate, to whom all the right and interest of the foresaid Gabriel was past, and to the Heirs males of his body for ever; and besides the said Collateral Deed hath no fine and recovery upon it, neither is it inrolled, therefore is of no validity, there being not any Vouchers to make it good when it was made, for James was dead and Iohn that married Katherine was but a termer for life; So that these things being duly weighed and considered, it cannot be adjudged other then a wicked and malicious slander cast upon the said Poyntz alias Morrice and his friends by the said Sir Adam Littleton, and Mr Brown, &c. Every particular of whose proceedings herein, in relation to the Premises, shall be declared more particularly in several subsequent Articles, for your better information.

But to proceed; Upon the false suggestion of Mr Brown and Littleton, &c. by his prevalence in the Lords House, and making Littleton acquainted with all Poyntz alias Morrice's proceedings, before any hearing could be had, he caused the said Copies, of the Acts and other Records found as aforesaid, to [Page 4] [...]ondemned, and Iohn Poynnz alias Morrice and Mary his Wife, Leonard Da [...]by, Iohn Harris, and Isabel­n [...]th, to be seized upon by vertue of the Lords Order, and to be carryed to four several prisons, Ludgate, Newgate, Counter, and Kings Bench, there to be imprisoned during pleasure. The date of Warrant by which they were kept in prison above three weeks before they were brought before Lords upon Mr Browns Command, was the 11d [...]y, the date of the Commitment to prison by the [...]ds during pleasure; Die Lunae septimo Iunit, 1647.

[...]y colour of which first Order, the said Iohn Brown Clerk of the house of Lords together with Mr Wil. [...]leton, Mr Baker, and others, &c. about eleven of the clock at night came with a Constable, to the [...] or the said Iohn Poyatz, alias Morrice, whom the said Iohn Brown commanded to break open door, and being by the Constable asked for a Warrant, he replyed, It is sufficient that I say it, I am Clerk to the Parliament; or words to that effect; upon which the Constable returned him answer, viz. That that was no sufficient Warrant for him to break open any mans house, and there­ [...]e bad him do it himself, which he according [...]y violently did, when having searched the house and not [...]ding the Copy of the said act, he seized and took away all Poyatz alias Morrice's other Writings and [...]oks of Accounts, all which he detains to this day, contrary to Law, for the doing whereof he had Warrant but his own Will, who, it appears, thinks himself above all Law, because he is Clerk to [...]e house of Lords. But when he had thus broke up the house, seized the writings, and given them to [...]e adversary Littleton to read, &c. he also, by vertue of the said Warrant, attached the persons of [...]bella Smith, Mary Poyntz alias Morrice, Leonard Darby, and Iohn Harris, and retained them in cu­ [...]dy about three week before ever any thing was layd to their Charge or they brought before any le­ [...]l Magistrate; all which proceedings of the said Brown and Littleton, &c. are altogether illegal, shall be fully demonstrated.

For first, the Warrant it self is [...]llegal, as not coming from persons legally authorized to take the [...]gnizance of the Crimes of Commoners; For no Free-man ought to be taken, or imprisoned, or [...]ized of his Freehold, or Liberties, or Custom, or be out-lawed or exiled, or any other ways de­ [...]royed, neither passed upon nor condemned, but by the lawful judgment of his Peers, or by the Law the Land, viz. By the judgment of twelve men of his equals; If a Lord, by twelve Peers; If a commoner, by twelve Commoners. And Sir Edw. [...]ook saith, in his Exposition on the 29 chapter of [...]agna Charta; pag. 54. That if any man or men, by colour of any authority, which they have not legally, in [...]at particular case, for which they arrest, or cause any man to be arrested, or imprisoned, That it is against [...]e great Charter, and is most hateful and destructive, when it is don [...] by the Countenance of justice. And it plain, That the Lo [...]d have not the least legal jurisdiction over Commoners, and so cannot take the [...]gnizance of any pretended Crime, much less ought they to grant out Warrants to break the houses [...] Commoners or to seize upon their Goods, and imprison the persons of Commoners at their pleasures, [...]hen they have neither been pa [...]ed upon by good and lawful men, nor nothing appears upon Record [...]gainst them, as by Law ought, no man being to be put so much as to answer, without presentment be­ [...]ore Justices, or matter of Record, or by writ original according to the old Law of the Land, as appears by Magna Charta 28. E. 3. Ch. 3.37. E 3 Ch 8.42 E. 3. Ch. 3.2 [...]art Cooks Inst. pag. 50

But second. The Warrant for the attachment of the said persons is illegal, not having in it the seve­ [...]al ingredients which should make a Warrant legal.

1. A legal Warrant ought to be in writi [...]g in the name and under the seal of him that makes it, ex­pressing his office, place and authority by force whereof he makes it.

But this Warrant is under the band of M. Brown, who doth not only make but execute it also, being both Judg and party, which is a practise which the Law abhors; nay he is the person accusing, having accused them in the name of a pretended power, (viz. the Lords,) he himself makes a Warrant in his own case, then as an Officer or Judg be p [...]s his own Warrant in execution, which practise of his I pre­sume will hardly be judged legal or reasonable, especially in M John Brown Clericus Parhomentorum, [...] not only tending to the dishonor of his Royal Masters, but also rendering him unfit for such a weigh­ty and honorable employment.

2. The Warrant ought to contain the cause, and that with convenient certainty, if for treason, then for what treason, or if for felony, then for what felony, &c. But this Warrant contains no cause (al­though the words of the Law are postitive Nisi causa pro qua Captus, &c. unless the cause why a man should be taken be expressed, the Warrant cannot be legal,) only to answer such things as shall be object­ed, &c. Is the cause in this Warrant contained, which is indeed no cause at all; (complaints being no [Page 5]crimes in Law,) a man being happily never the more guilty because complained of; and if the La [...] should tolerate the imprisonment or persons upon complaint only, before the hearing of both partie [...] and matter of crime be proved, certainly we were the worst of slaves, as having our liberties subjected t [...] the power of great men, malice and envy of every malicious or discontented person. But to preven [...] this evil the Law hath well provided, that a free-man shall not be taken or imprisoned, unless he b [...] presented before Justices by good and lawful men, or else that some crime in Law appear upon record against him.

3 The Warrant must not only contain the cause, but it must have a legal conclusion; viz. him safe­ly to keep, till he be active [...]ed by due process of Law, and not during pl [...]asure, or till further order, as this Warrant is; so that upon th [...] whole matter it is clear, that these persons are in prison without either le­gal Magistrate, legal Warrant, or legal Crime, only prisoners to the Lords (alias M. Brownes) will, all which proceedings are an absolute subversion of the fundamental Laws of the Nation.

But to proceed, having as aforesaid broke open Poyn [...]z, alias Morrice's house, seized his writings, and attached the person of his wife, Mary Poyntz, alias Morrice, Iss [...]bella Smith, and Leonara Darbie, and John-Harris, by vertue of the said Warran [...], they kept them in custody for the space of three weeks, with­out lay [...]ng any thing to their charge, about which time they carried them before the Lords, where they were examined upon several Interogatorie, which proceedings was altogether illegal, and by themselves so adjudged in several cases. [...]ut it being demanded by the Lords amongst other things where they had the Copy of the Act in question; answer was made by Darby and Smith, that William Hunt, an under Clerk of the House of Commons gave it them, and produced their witness to prove the same, who affirmed upon oath before the Lords, that Hunt did acknowledg the delivery of the Co­py of an Act for the joyning the two old mens estates together, Poyntz and Morrice; and that he said further, if Brown would be a knave, and deny h [...]s hand, yet he would not, notwithstanding they were thus according to Law cleared, as was by their Councel openly proved at the Lords Bar according to witness, yet by the prevalency of M. Brown and Littleton, they were by the Lords committed to four several prisons where they remain (all save one, who was afterward removed by M. Browns command from Newgate to the Gatehouse, because she had too much favour,) unto thi [...] d [...]y, being often examined, but never any one witness brought face to face against them, nor any forgery proved; notwithstand [...]ng all which their imprisonment during pleasure was continued, from the 7. of June 1647 unto this day; After which (although [...]here was not any one witness produced to swear or attest that the said Copy was forged, but many to p [...]ove the contrary, yet m. Brown and Littleton under hand, and privately got the original of the said Act remaining in M. B [...]owns office, condemned by the Lords; a book put [...]ut in print of it against [...]oyntz alias Morrice, and his friends, and hanged upon Romford Gallows, by Little­ton's instigation one Web did it, the like evil any never heard of (The Copy of which Act under his hand he had formerly attested,) which Copy by means whereof was condemned also, as being nothing when the validity of the original was taken away and destroyed by the said Judgment; after which John Poyntz, alias Morrice was advised by M. Twisden a member of the honorable house of Commons, to go to make a search in M. Audly his office, m. Audly having formerly told him, that if his Client came to his office, he should find something which would [...]o him g [...]od; he remembring a suit that had been between Iohn Poyntz, alias Morrice, that married Kat [...]erine, and one Dockery who married the mother of Lady Littleton; which this Poyntz, alias Morrice suddenly after did, in which office of mr. Audly's was found by mr. Beasly a Clerk of the said office, in the presence of mr. Bel [...]enger the bag-beater of the said office, and Sir Iohn Clav [...]r [...]ng, the said Act in question, and several other Records, in one bundle of partchments together old and d [...]sty; the Copies whereof was taken out, examined, and attested under mr Audly's hand the master of the said office, and by him affirmed at the Lords Bar.

Now by the way it is requisite to observe (that whereas one of mr Brownes main arguments to prove these persons guilty of forgery, is, that the said Records are not Registred, whereupon he and Littleton, falsly suggests unto the Lords, that the woman Mrs Smith shuffled them into the several offices for him) this Poyntz, alias Morrice had never known, neither she that he could have got any knowledg of the strength of his title by a search in M. Audly his office, if M. Audly himself had not by his words to M. Twisden, and M. Twisdens advice given thereupon, induced him thereunto; when if he or his friends had counterfeited or shuffled them in, as is alleadged, being questioned, they would consequently have at first and at once produced all those testimonies, as well as the single Copy of the Act under [Page 6] Brownes hand; but it is clear, that they never knew that the Act was upon Record in mr. Audlies [...]ffice, till after it was questioned, and therefore cannot be concluded guilty of that slanderous accusati­ [...]n, framed on purpose to blast the credit of Poyntz, alias morrice his title and witnesses, to the end that mr. Brown may the better make good his Warrant upon the estate to Littleton and his heirs, of whom he [...]either to receive some consideration, or else hath bought the estate for some inconsiderable sum, other­ [...]ise sure mr. Brown would never have digged so deep into hell, to the hazard of his soul, and the ship­ [...]rack of a good conscience, to secure, the interest of the Littletons, making their cause his, and employ­ [...]g all his power, policy and interest that he hath or can any way make to support them by the de­ [...]truction of several innocent persons, as shall afterward be more fully manifested. For mr. Brown and Littleton went from prison to prison for the space of 12. moneths threatning the Keepers, if that they [...]lsowed morrice or his witnesses any liberty they should lose their places, and gave command to the Kee­pers to lock them close, and let none come at them, and if that they did perish it was nothing to them, they need take no notice of it; and mr. Brown being asked for his order, said, he was sufficient. And after he got the knowledg that the foresaid Act, with other Records (which made good Poyntz, alias morris his title to the estate in question,) were upon record in master Audlys office; also (having first gotten the original and Copy thereof with mr Browns hand to it, delivered to him by mr Twisden, to be condemned,) he went to Mr. Audly and threatned to have him fined if he should dare to maintain any thing against him: In order whereunto he caused the said Audly to be brought before the Lords, and endeavored to have him fined and turned out of his office; notwithstanding all which the said Mr. Audly pleaded by two Councel, viz. Sir The. Witherington, and M Maynard, and extream honestly, and like an Englishman, and a Christian, maugre Browns threats and menaces, justified the finding of the said Records, and delivery of Copies thereof, and was by his Councel, and the Clerks belonging to his of­fice, justified and cleared in giving Copies, and by the Lords discharged, v [...]z. in regard there was no wit­ness produced against the said woman Mrs Smith, who was charged [...]o foyst them in by Brown and Little­ton, and yet the said Records were brought up to the Lords after this and condemned, at the request of M. Brown, and Littl [...]ton, and Poyntz, alias Morrice, and his witnesses adjudged and fined for a supposed for­gery of the said Act and Records.

The said Poyntz, alias Morrice, and Mary his wife, Issabella Smith, Leonard Darby, and Iohn Harris have continued prisoners ever since May 11. 1647. notwithstanding several Petitions to the Lords, and se­veral Orders of the Lords, whereby the business hath been referred to the consideration of the Judges, to consider how they might be released, and the opinion of the Judges given in that behalf, viz. That they might be released, being they was imprisoned not for any fine, but during pleasure; but M. Brown ab­solutely refused to sign the said Report, because it should not be authentick; and when the Lords yield­ed to have released them upon the making of the said Report, M. Brown fa [...]sly informed the Lords, that they were imprisoned for debt, when they never had any action layd upon them, and put in a Petition to crass the Judges report, and the Lords intention, pretending they were in contempt for not delivering in writings, which they have not, neither if they had, do concern the estate in question, and this he doth on purpose to starve them in prison; and as a further evidence of his inveterate spleen against Poyntz, alias Morrice, and his enjoyment of his right, (having got him and his witnesses into prison, and thereby disabled them of making their defence themselves,) and being discerted by all their Councel for fear of M. Brown, who breathed out continual threats and slanders against all that should dare to appear in their cause against him; they were necessitated to engage one M. Pendred in the pro­secution of their business, who with great fidelity and courage did for several moneths manage the same, and was in fair possibility by his continued addresses and importunancy, to effect, not only their deli­very from their imprisonment, but also to bring the said cause to a tryal at Law; for prevention where­of M. Brown charged the said Pendred with speaking several seditious words against the House, by means of which false report he got him committed to the Gatehouse Westminster, not so much as allowing him one hours liberty to put in Bayl. But the said Pendred afterwards putting in sufficient Bayl before Sir Ed­ward Powel, one of the Justices of the Peace for the Liberty of Westminster, was freed, which M. Brown hearing of, and knowing that Poyntz, alias Morrice was to have a hearing before the Judges that day, at Sarg [...]ents Inn in Fleet street, immediatly together with Justice Manly, and others came to the said Sir Ed­ward Powel and rated him for taking Bayl, threatning him, that if he did not send a Warrant and attach Pendred, he would make him loose his Commission, whereupon the said Sir Edward Powel being [Page 7]en­formed by the said Pendred, that that afternoon he would be at Sergeants Inn, at Poyntz, al [...] Moorice's referrance before the Judges, got Sir John Woolastons Warrant to attach Pendre and carry him to the Gatehouse, without being carryed before any Justice at all, or returnin [...] the Bond of his sureties formerly given; all which proceedings being clearly declared in a P [...] tition to the Lords from the said Pendred, M. Brown took the Impudence to affirm, that h [...] Bayl were Knights of the Post, in the open House of Lords, although it be known that they a [...] men of more honesty and better credit then himself, and for Estate, for ought I know, (settin [...] aside his office) far before him; by vertue of which Warrant he the said Pendred hath als [...] been kept in prison about 8. weeks, contrary to Law; M. Brown not thinking himself sa [...] if any person be left at liberty to discover his unjust, unparaleld, wicked practises: But let hi [...] know, that neither his power, policy or friends shall be able to protect him from the hand [...] Justice, or keep his gross knavery concealed; for what he doth in secret shall be published o [...] the house top: And though Justice seem to slumber for a season, yet she will awake and stretch out her arm, and weigh his actions in the ballance, and finding them too light, with one stroke sweep him and them from the face of the earth, which they have polluted: Therefore it were to be wished, that he would consider and repent, lest a worse mischief befall him then yet hath hapned.

Thus have you a true Narrative of the state of the Case of Poyntz, alias Morrice, and his wit­nesses, who have bin imprisoned about 17. months, although they in all their Petitions have desired nothing but their freedomes, a fair tryal at Common Law, according to evidence and witness on both sides heard, that so the benefit of Law, and birthright of the Subject may effe­ctually take place, and that the writings taken away may be restored. (Poyntz, alias Morrice himself having never so much as bin before any Magistrate since the time of his imprisonment:) Now if this be not an imparraleld piece of injustice, if this be not a wickedness in high places, if this be not an abomination that will make desolate, if not only redressed but also repented of, I leave to all rational men to judg, especially all you, the peoples Representatives, who have bin intrusted, and have taken upon you to hear, receive and redress the grievances of the people whom you represent, and punish their oppressors, be they high or low, rich or poor, friend or foe, without respect to any thing but pure Justice; here is a fit Subject for you to insist upon, here is a piece of injustice of a bloody tincture, of a scarlet dye: Oh that your speedy Justice herein might prepare a place for you in the affection of the people of this Nation, who for want hereof have in a great measure estranged themselves, and divorsed themselves from you, which they had formerly espoused; Oh therefore if you have the hearts of Englishmen, if you be Christians, if you would hope for protection in the evil day, rouze up your selves, a­wake from that Lethargy of sottish security that you have long bathed your selves in; gird your sword unto your thigh, and be what you should be, a terror to evill doers, a protection to the innocent, and relief for the oppressed; then shall your Enemies be confounded, your re­proaches removed, and your reproachers silenced; then shall the people love you, and your ho­nor not only continued but enlarged, and which is best, your consciences will bear a sweet te­stimony of peace and comfort, when all other dependencies shall take wings and fly from you.

And all you Englishmen and Christians, to whose hand this paper shall come, I beseech you lay these poor mens condition to heart: By the same means that they are like to be destroyed, thou mayst be destroyed also; if Records, nay Acts of Parliament, may, at the will C­lerk, [Page 8]because they cross his interest, be cancelled, removed, destroyed, and annulled, what [...]ecurity can be had in the enjoyment of any estate? This is the Tyranny indeed so much fear­ [...]d, and decryed against in others, but ip [...]o facto practi [...]d by the Lords, and Mr Brown, and [...]is Accomplices. Therefore if thou hast any sence of compassion, or christianity, joyn in a petition to the Honorable House of Commons for the execution of speedy Justice in this and [...]uch like Cases: See you not how the Prisons swarm with Prisoners of pleasure? suffer not [...]heir undoing to be made a president for your own misery. For by the same Law that Poy [...]tz [...]lias Morrice and his Witnesses &c. may be imprisoned seventeen moneths without hearing, without Crime, without Witnesses, by the same Law you may be imprisoned also; you having no more protection then they, or any other; all the liberty you enjoy being but during the pleasure of a few men, who are acted by no other rule but their wills, and friends perswa­sions: For if M. Brown say, you forge an Act, the Lords will beleeve it, and you shall be im­prisoned and fined: If M. Brown say, you speak seditious words against that House the Lords will beleeve it, without Witness, nay against Evidence upon Oath to the contrary; although the Law hath provided that a Freemans liberty should not be taken from him, unless a legal Crime be proved upon Oath against him before a Judg or Justice of the Peace, &c. The due Execution of Law is your birth-right and protection; let therefore your timely endeavors be imployed for the due Execution thereof, now while you have an opportunity, lest by your sencelessness of their, unjust sufferings, you bring an irrecoverable mischief upon your selves and posterity, and then, when it is too late, you repent, but cannot prevent your destruction.

Gentle Reader, Know that this is no Pamphlet or Scandal, but certain Truths, which divers well-affected people are satisfied in, and have knowledg of; and if Justice, in this case, do not the speedier take place, then thou mayst expect a Charge by way of Articles, promised thee for thy better satisfaction, at sight whereof the heart of every Englishman, that hath either fear of God, or the least spark of grace, will stand amazed, and rend his heart with grief to see such horrible Oppression in a Land where the Gospel is planted, and Christianity professed, and especially in time of Parliament, and days of Reformation.

FINIS.

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