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A49310 A complaint of the oppressed against the oppressors, or, The unjust and arbitrary proceedings of some souldiers and justices against some sober godly persons, in and near London who now lye in stinking goals [i.e. gaols] for the testimony of good conscience : with some reasons why they cannot swear allegiance to obtain their liberty / faithfully collected by John Lovewel. Lovewel, John. 1661 (1661) Wing L3292; ESTC R31000 13,310 20

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A Complaint OF THE OPPRESSED AGAINST OPPRESSORS OR THE Unjust and Arbitrary PROCEEDINGS of some Souldiers and Justices against some Sober Godly Persons in and near London who now lye in stinking Goals for the Testimony of a good Conscience With Some REASONS why they cannot Swear Allegiance to obtain their Liberty Faithfully Collected by JOHN LOVEWEL A constant Observer of their Patience in Suffering and of the Injustice of their Persecutors Zeph. 3.1 Wo to her that is filthy and polluted to the oppressing City Isa 33.1 Wo to thee that spoilest and wast not spoiled and dealest treacherously and they dealt not treacherously with thee when thou shalt cease to spoil thou shalt be spoiled and when thou shalt make an end to deal treacherously they shall deal treacherously with thee LONDON Printed in the Year 1661. A COMPLAINT Of the OPPRESSED AGAINST OPPRESSORS THe Unjust proceedings of some in present power against many in this Nation fearing God cannot but be manifest to such sober men that do or will take a view of the same I having knowledge of the Sufferings of many Godly Persons especially in and about London whom their very adversaries cannot blemish justly with the least spot of Infamy dare not but let the World know the Innocency of the men and the Tyranny of their Oppressors And in what I shall say I dare appeal to the Consciences of all sober judicious persons of what Perswasion soever except the proud Prelate Whether it be not Tyranny to the height for men to be seized and taken out of their Beds at midnight by Souldiers in a Hostile manner with their Swords drawn by means of which their Wives and Children have been much affrighted to their great detriment in point of health and this done in a time of Peace and without Warrant from any no not so much as a Warrant from a Justice of the Peace Others taken from their peaceable Meetings when they have been in the Lords service in a publick manner the doors being open for all that would to see what they did and hear what they said Others attached as they have passed along the streets about their lawful Imployments and all this done by Souldiers without Warrant from any and by them carried before some men called Justices but such only in Name and Title nothing so in truth For They afflict the just and they turn aside the poor in the gate from their right Amos 5.12 But leaving them a while Reader take notice that these Souldiers to wit one Liuetenant Wilton a man very well known where he lives but not for any vertue he hath and Ensigne Spike a man so well educated that he scarce knows what Law or Religion is and as to the business of a Souldier he is also a stranger as I in charity judge of him For these men with the assistance of Serjeants and Souldiers like themselves have contracted that guilt upon themselves that had they known Law been Religious or Souldiers they would have scorned to have defiled themselves so much as with a touch with a finger But their actions have been such as above said and how contrary to Magna Charta and the fundamental Laws of the Nation I leave to the Judicious and how liable they are to be punished by Law for their so doing will appear as followeth Magna Charta Cap. 29. Anno 9. Hen. 3. saith No free man shall be taken or imprisoned or be disseized of his Free-hold or Liberties or free Customs or be Out-lawed or Exiled or any ways Destroyed nor we shall not pass upon him nor deal with him but by the lawful judgement of his Peers or by the Law of the Land We shall not sell to any man we shall not deny nor deferre any man Right or Justice Againe No man of what estate or condition that he be shall be put from his Land or Tenement or taken imprisoned or dis-inherited or put to death without being brought in to answer by due process of Law Anno 28. Ed. 3. Cap. 3. Thus he that hath but little sight may see how contrary to the good and wholsome Laws of the Nation these men have acted and how dishonourable it is to the King and his Government for such wicked Fellows to be suffered in such arbitrary and villanous proceedings against sober men as they have from time to time practised For if no man of what estate or condition soever shall be taken or Imprisoned without a due process of the Law then to seize any man without Warrant from some Minister of Justice is to take and Imprison him at the Wills and Lusts of these base and inferior fellows who matter not the Honour of the King the Violating of Law nor the Liberty of the Subject then will not these things cry loud to Heaven for Vengeance Besides these mercinary fellows cannot excuse themselves by pleading ignorance for the King by open Proclamation hath strictly charged and commanded all Officers and Souldiers and all other persons whatsoever that they shall not molest nor trouble any of his good Subjects without Warrant or lawful Authority as appears by his Proclamation Intituled A Proclamation prohihibiting the Se zing of any persons or Searching Houses without Warrant except in time of actual Insurrection Bearing date the seventeenth of January one thousand six hundred and sixty The which Proclamation so much of it as is to our business in hand I shall here insert for the better satisfaction of the Reader as followeth And we being given to understand that during those late Commotions several persons have been imprisoned by Souldiers and others their Houses Searched and their goods taken away without lawful Anthority and that thereupon opprobrious words and terms of discention and discrimination of parties have been used and given to Our great dis-service contrary to the before said Act of Pardon and Oblivion and not withstanding Our Royal pleasure so often published and declared to the contrary These are therefore strictly to charge and command all Officers and Souldiers and all other Persons whatsoever unlesse it be upon inevitable necessity of suddain and actual Rebellion and Insurrection to forbear to molest or trouble any of our good Subjects either in their Persons or Estates and not to presume to Apprehend or Secure any Person or Persons or Seize any Armes what soever or to search any Houses without a lawful Warrant under the Hand and Seal of some one or more of the Lords of our Privy Council or under the Hand and Seal of some one or more of the Lords Lieutenants Deputy Lieutenants or Justices of the Peace in their respective Liberties and Precincts within the several Counties Cities and Towns Corporate in our Kingdom of England Dominion of Wales and Town of Berwick upon Tweed And we will that the said Warrants be alwaies directed to some Constable or other known legal Officer and that no Souldier do otherwise interpose or meddle with the Execution of the said Warrants then by