The Case and Vindication of John Poyntz, alias Morris, and his Friends. OR The first part of their long proceed and oppression in the House of Lords, who nev●● could be released, notwithstanding the Judges of England's Report for their deliverance but are denied the benefit of the Common Law, which is the Subjects birthright and inheritance: 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 Gabriel Poyntz no●thokenden Esquire; upon which Contract an agreement was made, and conveyances draw for the settling 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 Morris 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 Morris 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 Morris that married Katherine was entered into the Herald's books by the name of Poyntz, alias Morris 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 john and Edward. Gabriel Poyntz had to issue Thomas, and the aforesaid Kath●rine. John and Katherine had male issue, james, Points, and Uranus. Uranus the youngest son died first, without issue. Iame● the eldest son of john and Katherine had to male issue Richard, who died 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 brother's son, and died without issue, at whose death the male issue of john and Katherine ceased, and then the estate falls to Edward the foresaid John's brother, the second son of james Morrice signior as aforesaid, Edward was dead before the said estate fell, and left male issue, this john Poyntz alias Morris now in possession, according to Law, as afterwards will appear. Thomas died underage, before this Contract of john Morrice with his Sister Katherine, leaving issue two daughters, Audery and Susanna, to wh●m the Grandfather Gabriel Points set out 3000 l. for their portions out of the estate settled upon John and Ka●herine, which 3000 l. was accordingly paid by john Poyntz, alias Morris, besides 1000 l. paid by the said john to the said Gabriel, and james, in lieu for the better advancement of them and their heirs, not mentioned in the said conveyances, and to free the said john from all encumbrances and suits which might otherwise happen by reason of the said Contract, Bond was given, that of the said Audery 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 settling the same upon john Poyntz, alias Morris, and the rest of the heirs male of the Morrices; by deeds and Act they the said john and Katherine: and their heirs have held and possessed the said estate. Now that the estate was really settled 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 levied at S. Albon, dated 37. of Eliz. A Plea in the Chequor, 38 of Eliz A Patent 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 〈◊〉 Poyntz, alias Morris. The first the 17. of September before john 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 adam's, 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 january 1645. 21. Caroli. The acknowledgement 〈◊〉 all the Tenants upon sight of the same, who upon knowledge of his title gave possession, and made ●●turnenent according to Law. After all which by a verdict at the King's Bench, upon a trial for a ●●ynture, concerning Lady Poyntz, alias Morris, who is now wife to M. Burrows Esquire; the title was confirmed to this john Poyntz, alias Morris, 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 Haberdasher's Hall issued our Bill in his name the 4. of March 1645. for his twentieth part of the said estate, and by virtue thereof ●●opt the Rent in the Tenants hands, till satisfaction was given to that Committee. Notwithstanding ●●ll which, one Sir Adam Littleton, that married Audery 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 Morris was a bastard, although they both knew the contrary, all which he was forced to clear by witnesses upon oath to his damage 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 withheld 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 knowledge, 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 practices, and to obscure the truth, and defraud the said Morris of his right, got the Land sequestered, to put Morris out of his lawful possession, and hath entered into a Combination with several persons, viz. john Brown Clerk of the House of Lords, and others, etc. 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 practices, but also hath laid many false accusations upon the said Poyntz, alias Morris, thereby endeavouring 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 Morris 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 Morris of his rights, or peaceable enjoyment of his possession in the premises. For 1. Poyntz, alias Morris 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 Morris 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. Brown's office, and afterward being showed 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 paid out of the estate, to be conveyed and assured by Littleton unto him the said Brown, his heirs, etc. hath persuaded 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 Morris, but by M. Brown's persuasions. In order whereunto he the said M. Brown hath since denied his hand, before acknowledged by himself, in saying, who dare deny it? and being showed 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 Morris his wife and witnesses, etc. to be imprisoned by virtue of the Lords Order for a pretended forgery of an Act of Parliament, although not one witness was examined to prove th● truth, but only M. brown's own report and Littleton's, 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 settling the said estate upon the heirs male of the Morrices, Copies given and attested by all the respective Officers of several treasuries; but now for fear of M. Brow. denied 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 threatened him for delivering 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 Morris 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. Brown's 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 Records, old and dusky, not to be touched without sweeping first just at this time to make out an unknown title, and all by an illiterate woman which can neither write nor read Latin, nor knows not what La●●● is, and this is one of the chief slights (As these men pretend, and will make the world believe 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 deceased and although it was shown to M. Riley now Officer there by two Council, and the original desired to 〈◊〉 seen, the said Riley refused it without an order from the Lords, saying, it concerned M. Brown; and afterwards when M. Rileys' Clerk did search and find the original in his presence, and in the presence 〈◊〉 Poyntz, alias Morris 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. Brown's hand to it, as will be proved by many witness. 3. The said M. Brown and Littleton now acknowledge 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 Morris, th● son of John and Katherine. Now it is clear, that unless the estate had been settled upon the father, a 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 settled 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 Morris 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 yielding him possession and turning Tenants unto him, which was a better Title by far, without the Act of Parliament, than 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 james that settled this estate, to whom all the right and interest of the foresaid Gabriel was passed, 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 enrolled, therefore is of no validity, there being not any Vouchers to make it good when it was made, for James was dead and john that married Katherine was but a termer for life; So that these things being duly weighed and considered, it cannot be adjudged other than a wicked and malicious slander cast upon the said Poyntz alias Morrice and his friends by the said Sir Adam Littleton, and Mr Brown, etc. Every particular of whose proceed 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, etc. by his prevalence in the Lord's House, and making Littleton acquainted with all Poyntz alias Morrice's proceed, before any hearing could be had, he caused the said Copies, of the Acts and other Records found as aforesaid, to condemned, and john Poynnz alias Morrice and Mary his Wife, Leonard Da●by, john Harris, and Isabeln●th, to be seized upon by virtue of the Lords Order, and to be carried to four several prisons, Ludgate, Newgate, Counter, and King's 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 Brown's Command, was the 11 d●y, the date of the Commitment to prison by the ●●ds during pleasure; Die Lunae septimo junit, 1647. ●y colour of which first Order, the said john Brown Clerk of the house of Lords together with Mr Wil ●●leton, Mr Baker, and others, etc. about eleven of the clock at night came with a Constable, to the 〈◊〉 or the said john Poyatz, alias Morris, whom the said john Brown commanded to break open door, and being by the Constable asked for a Warrant, he replied, 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 man's house, and there●●●e bad him do it himself, which he accordingly 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, etc. he also, by virtue of the said Warrant, attached the persons of ●●bella Smith, Mary Poyntz alias Morris, Leonard Derby, and john Harris, and retained them in cu●●dy about three week before ever any thing was laid to their Charge or they brought before any le●●l Magistrate; all which proceed of the said Brown and Littleton, etc. are altogether illegal, shall be fully demonstrated. For first, the Warrant itself is illegal, as not coming from persons legally authorized to take the cognisance of the Crimes of Commoners; For no Freeman ought to be taken, or imprisoned, or ●●●ized of his Freehold, or Liberties, or Custom, or be outlawed or exiled, or any other ways destroyed, neither passed upon nor condemned, but by the lawful judgement of his Peers, or by the Law the Land, viz. By the judgement 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 cognisance 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 several ingredients which should make a Warrant legal. 1. A legal Warrant ought to be in writing 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 Judge and party, which is a practice 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 Judge 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 dishonour of his Royal Masters, but also rendering him unfit for such a weighty and honourable employment. 2. The Warrant aught to contain the cause, and that with convenient certainty, if for treason, then for what treason, or if for felony, then for what felony, etc. But this Warrant contains no cause (although the words of the Law are postitive Nisi causa pro qua Captus, etc. 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, etc. Is the cause in this Warrant contained, which is indeed no cause at all; (complaints being no 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 freeman 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 pleasure, 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 proceed 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, Marry Poyntz, alias Morris, Iss●bella Smith, and Leonora Derby, and John-Harris, by virtue of the said Warran●, they kept them in custody for the space of three weeks, without laying any thing to their charge, about which time they carried them before the Lords, where they were examined upon several Interogatorie, which proceed 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 Derby 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 acknowledge the delivery of the Copy of an Act for the joining the two old men's 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 Council 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. Brown's 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; notwithstanding 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 prove 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 Morris, 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 Judgement; after which John Poyntz, alias Morris was advised by M. Twisden a member of the honourable 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 remembering a suit that had been between john Poyntz, alias Morris, that married Kat●erine, and one Dockery who married the mother of Lady Littleton; which this Poyntz, alias Morris 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 john Clav●r●ng, the said Act in question, and several other Records, in one bundle of partchments together old and dusty; 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 Registered, whereupon he and Littleton, falsely suggests unto the Lords, that the woman Mrs Smith shuffled them into the several offices for him) this Poyntz, alias Morris had never known, neither she that he could have got any knowledge 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 alleged, 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 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 accusation, framed on purpose to blast the credit of Poyntz, alias morris 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, otherwise 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 Littleton's, making their cause his, and employing all his power, policy and interest that he hath or can any way make to support them by the destruction 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. months threatening the Keepers, if that they ●●lsowed morris 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 knowledge 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 Audley's office; also (having first gotten the original and Copy thereof with mr Brown's hand to it, delivered to him by mr Twisden, to be condemned,) he went to Mr. Audly and threatened 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 endeavoured to have him fined and turned out of his office; notwithstanding all which the said Mr. Audly pleaded by two Council, viz. Sir The. Witherington, and M Maynard, and extreme honestly, and like an Englishman, and a Christian, maugre Brown's threats and menaces, justified the finding of the said Records, and delivery of Copies thereof, and was by his Council, 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 M Smith, who was charged ●o foist 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 Morris, and his witnesses adjudged and fined for a supposed forgery of the said Act and Records. The said Poyntz, alias Morris, and Mary his wife, Issabella Smith, Leonard Derby, and john 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 authentic; and when the Lords yielded to have released them upon the making of the said Report, M. Brown falsely informed the Lords, that they were imprisoned for debt, when they never had any action laid upon them, and put in a Petition to crass the Judge's 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 Morris, 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 Council 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 months 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 trial 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 Bail 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 Morris was to have a hearing before the Judges that day, at Sarg●ents Inn in Fleet street, immediately together with Justice Manly, and others came to the said Sir Edward Powel and rated him for taking Bail, threatening him, that if he did not send a Warrant and attach Pendred, he would make him lose his Commission, whereupon the said Sir Edward Powel being informed by the said Pendred, that that afternoon he would be at Sergeant's 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 carried before any Justice at all, or returning the Bond of his sureties formerly given; all which proceed being clearly declared in a Petition to the Lords from the said Pendred, M. Brown took the Impudence to affirm, that h● Bail 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 than himself, and for Estate, for aught I know, (settin● aside his office) far before him; by virtue 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 practices: 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 balance, 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 happened. Thus have you a true Narrative of the state of the Case of Poyntz, alias Morris, and his witnesses, who have been imprisoned about 17. months, although they in all their Petitions have desired nothing but their freedoms, a fair trial 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 Morris himself having never so much as been 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 repent of, I leave to all rational men to judge, especially all you, the people's Representatives, who have been entrusted, 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 divorced 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, rouse up yourselves, awake from that Lethargy of sottish security that you have long bathed yourselves in; gird your sword unto your thigh, and be what you should be, a terror to evil 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 honour 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 men's 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, because they cross his interest, be canceled, removed, destroyed, and annulled, what security can be had in the enjoyment of any estate? This is the Tyranny indeed so much feared, and decried against in others, but ip●o facto practi●●d by the Lords, and Mr Brown, and ●is Accomplices. Therefore if thou hast any sense of compassion, or christianity, join in a petition to the Honourable 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 precedent for your own misery. For by the same Law that Poy●tz ●lias Morris and his Witnesses etc. may be imprisoned seventeen months without hearing, without Crime, without Witnesses, by the same Law you may be imprisoned also; you having no more protection than 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 persuasions: For if M. Brown say, you forge an Act, the Lords will believe it, and you shall be imprisoned and fined: If M. Brown say, you speak seditious words against that House the Lords will believe it, without Witness, nay against Evidence upon Oath to the contrary; although the Law hath provided that a Freeman's liberty should not be taken from him, unless a legal Crime be proved upon Oath against him before a Judge or Justice of the Peace, etc. The due Execution of Law is your birthright and protection; let therefore your timely endeavours be employed 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 yourselves 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 knowledge of; and if Justice, in this case, do not the speedier take place, than 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.