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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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they desire and intreat them to let them know what they had been kept in Prison for or what they or any other had against them they nor no man else can charge them with ought that they had done against the Law which being so they might hope to be heard and those Abuses redressed but there they can as little be heard also nor no notice taken by the Bench of the Illegal proceedings of those men called Justices but in stead of Judgement behold Oppression and in the place of Righteousnesse behold a Cry Isa 5.7 For when at the time of the Goal Delivery as they call it they ought by Law and according to their Oathes do right impartially to all free born English-men that is let every one speak freely for himself in the face of the Countrey that all may know his Guilt if Guilty or his Innocency if Innocent and if nothing be found against them by such proof or sufficient witness as the Law requires in such cases they are sworn to deliver them and to do them right answerable to the wrongs they have sustained by those Mercenary Souldiers that seize them contrary to Law and the Kings Proclamation and those unjust men called Justices for their false Imprisoning them or at least to leave both Souldiers and Justices open to the Law which could honest men have the benefit of against these Tyrants it would sufficiently repaire them And further let them not think to excuse themselves by tendring the Oath of Obedience to them against whom they can charge no matter of Fact for it is neither Reason Law nor Equity that men should lie in Prison several moneths as many have done in New-gate and elsewhere and no Crime committed by them nor none accusing them of any that they should then have the Oath tendred to ensnare them and hold them fast For if it be a fault in Law to refuse the Oath when tendred in Court the fault was but then contracted all the former Imprisonment by their own proceedings appears to be manifestly false And this is all the Justice they can have Will you Swear if you will not you shall lie in Prison still Thus is Judgement turned away backwards and Justice standeth afarre off For Truth is fallen in the Streets and Equity cannot enter Yea Truth faileth and he that departeth from Iniquity maketh himself a prey or as it may be read is accounted Mad or a Phanatick and the Lord saw it and it displeased him that there was no Judgement Isa 59.14 15. The Lord God without doubt sits in Heaven and seeth their proceedings who saith to them How long will ye Judge unjustly and accept the Persons of the wicked Defend the poor and fatherless do Justice to the afflicted and needy deliver the poor and needy rid them out of the hands of the wicked Psal 82.2 3 4. But surely they have not God in all their thoughts For it may be said of such as the Lord said by the Prophet Amos They turn Judgement to Wormwood and leave off Righteousness in the Earth Amos 5.7 And again For behold the Lord commandeth and he will smite the great house with breaches and the little house with clefts Shall Horses run upon the Rock will one plow there with Oxen for ye have turned Judgement into Gall and the fruit of Righteousness into Hemlock Amos 6.11 12. And although they may say in their hearts The Lord will not do good neither will be do evil Zeph. 1.12 Yet let them know he that sits in Heaven shall laugh the Lord shall have them in derision he shall speak to them in his wrath and vex them in his sore displeasure Psal 2.4 5. Therefore Wo unto them that decree unrighteous decrees and that write grievousness which they have prescribed to turn aside the needy from Judgement and to take away the right from the poor of my people Isa 10.1.2 Little do these unjust men know who thus pervert the Law what woes and judgements hang over their heads for their cruelty to the Lords People The Word of the Lord shall surely be performed and though he suffer the wicked for a time to afflict his People yet The Rod of the Wicked shall not rest upon the Lot of the Righteous Psal 125.3 And though for a time the wicked may spring as grass and all the workers of iniquity do flourish and tread upon the necks of the godly it is that they should be destroyed Psal 92.7 For the mouth of the Lord hath spoken it and it shall certainly come to passe For saith the Lord I will undoe all that afflict thee and I will save her that halteth and gather her that was driven out and I will get them praise and fame in every Land where they have been put to shame Zeph. 3.19 Oh that these men that persecute the Lords people would break off their sins of Tyranny Oppression and Injustice before the Decree be gone forth against them by righteousness Thus having given an account to the World of the unjust and Tyrannical proceedings against the peaceable of the Land I shall now give because they are not suffered to speak for themselves the Reasons why they cannot take the Oath of Obedience as I have collected from them in my frequent conversation with them For the refusing of which as their Enemies who are their Judges say they lie in stinking Goals deprived of the comfortable society of their dear Relations which God and Nature alloweth them and made thereby uncapable of making such good provision for them as their necessities call for Choosing rather with Moses to suffer afflictiou with the People of God than to enjoy the pleasures of sin for a season knowing in themselves that they have in heaven a better and more enduring substance The Reasons are as followeth First Because it is a Promisary Oath Now Oathes of such a kind are forbidden by Christ the Prince of the Kings of the Earth Rev. 1.5 Who onely is head of the Church the great and onely Law-giver Isa 33.22 James 4.12 That it is an Oath of such a kind is manifest to all that read it That such Oaths are forbidden by Christ see Mat. 5.34 But I say unto you Swear not at all c. From which place I know that many say That Christ forbids Swearing vainly and Swearing by Creatures and the like and doth not forbid Swearing of any kind provided it be by the Lord and solemnly done That Christ forbids in that place vain Swearing in common talk or communication and Swearing by Creatures though never so solemnly performed is true But that this is not all that is forbidden is as true For Christ forbids some kind of Swearing that was in the time of Moses approved as appears in the 33. vers Ye have heard that it hath been said to them of old time thou shalt not forswear thy self but shalt perform unto the Lord thine Oathes Which was no gloss as some would have it but by the
or lawfully may be exercised or used for the visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schismes Abuses Offences Contempts and Enormities shall for ever by the Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm c. See also a Statute Anno 1. Ed. 6. Cap. 12. Let the Reader take notice that these things are not cited or said to shew that not the King but the Pope or some man else is Supream Head of the Church for such a thing is abhorred by them they utterly dis-claiming and dis-owning any Power or Authority the Pope hath and would rejoyce to see the utter desolation of him and all that Hierarchy They knowing that no man living upon the Earth hath that dignity but it is Christs to whom All Power in Heaven and in Earth is committed by the Father Mat. 28 18. Whence then it 's clear That he that Swears is not onely bound by Oath to yeeld actual Obedience to the Kings Commands in falling in with Common Prayer c. as above but he is bound by Oath with a Sword in his hand to maintain his Dignity in point of Spirituals as well as any other against all attempts made against it Therefore they cannot take the Oath of Allegiance Sixthly Because he that Swears is ignorant of what he binds his Soul to which to do is sin Lev. 5.4 5. If a Soul Swear pronouncing with his Lips to do evil or to do good what soever it be that a man shall pronounce with an Oath and it be hid from him when he knoweth of it then he shall be guilty in one of these and it shall be when he shall be guilty in one of these things that he shall confess that he hath sinned in that thing Now that whosoever takes the Oath of Obedience must be ignorant of what he binds his Soul to is evident because he binds his Soul not onely to the King in being to whom he Swears Allegiance but to his Successors also And if it were possible for a man to know what the King now in being would command in all points yet it is impossible to know what his Successors may For were the present King a man after God's own heart as David was yet who knowes but he that succeeds him may introduce Popery as Queen Mary who succeeded Edward the sixth did Now he that takes the Oath binds his Soul to obey those that shall succeed whether Papist or Pagan as much as the King that is in present being Therefore they cannot take the Oath of Allegiance Seventhly Because they cannot Swear upon the true Faith of a Christian as they are enjoyned in the Oath to do For as much as in part or in whole they are ignorant if not at present yet for the future what it is they are bound by Oath to Eighthly Because he that takes the Oath of Allegiance must Swear by the true Faith of a Christian now to Swear by the Faith of a Christian is to Swear by something that is not God contrary to Jer. 4.2 and James 5.12 Therefore they cannot take the Oath of Allegiance Ninthly Because they that take the Oath must Swear they take it heartily willingly and truly which no man can do except he have great clearness in himself by undeniable testimony from the Word of Life that the things he Swears to perform are uncontrovertably his Liberty if not his Duty Tenthly Because God expresly Commandeth him that will Swear and bind his Soul by an Oath to Swear in Truth Righteousness and in Judgement Jer. 4.2 which no man can do if ignorant as above said These are their Reasons or at least some of them besides all which they are in doubt in other things relating to the Oath In order unto which for satisfaction they propound these Queries following First Whether all such that Swear Allegiance who have been Actors in the late War in Person Estate or otherwise do not Build again the things they Destroyed and whether so to do be no Sin Secondly Whether all such as have Sworn or shall Swear Allegiance who assisted the Parliament in the War either in Person or Estate do not openly proclaim themselves and acknowledge upon Oath to the World that they are Trattors Thieves and Murtherers Thirdly Whether all such as have Sworn or shall Swear who have set days apart either in publick or in private to Fast and Pray for the good Success of the Parliament do not manifest themselves to be notorious Dissemblers and God-Mockers Fourthly Whether such who shall Swear as abovesaid who have kept days of Thanks-giving when any Victory hath been obtained to praise the Lord for his wonderful goodness and to speak of the might of his terrible Acts do not by Swearing openly throw dirt in the face of God and conclude that to be of the Devil that they then said was the glorious Honour of his Majesty and his wonderous Works Fifthly Whether a man though he make a hundred Exceptions if possible against some things in the Oath and leave be given him so to do and he take it after the Exceptions be made doth not Swear notwithstanding his Exceptions according to the plain and expresse Letter of it and so make void his former Exceptions forasmuch as he Swears according to these express words viz. And all these things I do plainly and sincerely acknowledge and Swear according to these express words by me spoken and according to the plain and common sence and understanding of the same words without equivocation or mental evasion or secret reservation whatsoever Thus may all men see that these men do not lie in Prison out of any self-willedness as some wickedly say they do but meerly upon the account of Christ and a good Conscience which they dare not violate or make shipwrack of in following the steps of others neither dare they engage in any thing dishonourable to Christ their King which they conceive Swearing Allegiance to any man upon the Earth will be their refusing the Oath is not without ground Their Reasons are prevailing to them and may be to others did they duly weigh and consider them if any can take them off by the word of Truth and right Reason they will do God service and them also in being instrumental to open the Prison doors for were they satisfied then would they Swear and obtain their Liberty and acknowledge their mistake as I am truly and well perswaded of them but till then their Conscience and the Honour of Christ who is precious to them is more than stone-Walls iron Grates Locks and Bolts to hold them and therefore let not their Persecutors think to escape the dreadfull Judgements of God if they repent not of their wickedness and hard speeches that they have ungodlily spoken against them For in touching them that fear the Lord and an Oath they touch the apple of Gods eye Zech. 2.8 He reproved Kings for their sake saying touch not mine Anointed nor do my Prophets no harm Psal 105.14 15. The Lord will one day arise and have mercy upon Sion so the Heathen shall fear the Name of the Lord and all she Kings of the Earth thy glory Psal 102.14 15. For he hath looked down from the height of his Sanctuary from Heaven did the Lord behold the Earth to hear the groaning of the Prisoner to loose those that are appointed to death Vers 19 20. The humble shall see this and be glad your heart shall live that seek God for the Lord heareth the poor and despiseth not his Prisoners Ps 69.32 33. Oh happy men are they that thus suffer reproach and bonds for the Name of Christ 1 Pet. 4.14 Yea Blessed are they when men revile them and persecute them and shall say all manner of evil of them falsly for his sake Mat. 5.11 as that they are Phanaticks or Mad-men for so said they of Christ John 10.20 And many of them said he hath a Devil and is mad why hear ye him That they have turned the World upside-down and do things contrary to the Decrees of the King saying that there is another King one Jesus So said those wicked Persecutors of Gods People of Old Act. 17.6 7. That they are Pestilent fellows and movers of Sedition So said Tertullus the Orator of Paul Acts 24.5 That they are Hereticks Schismaticks and what not as saith the Pope and Englands Lordly Bishops Well notwithstanding let them rejoyce and be exceeding glad for great is their reward in Heaven for so persecuted they the Prophets Christ and his Servants that were before them Mat. 5.12 It being an evident token of Perdition to their adversaries but of Salvation to them and that of God Phil. 1.28 Let them therefore be encouraged to stand fast and keep their integrity and not touch with any of the filthy Abominations of the times to obtain their Liberty God will one day make up all their losses and sufficiently repair them For if they suffer with Christ they shall reign with him 2 Tim. 2.12 Walk not then ye Prisoners of Hope nor ye Saints at Liberty in the way of this People Say ye not a Confederacy to all them to whom this People shall say a Confederacy neither fear ye their fear nor be afraid but sanctifie the Lord of Hosts himself and let him be your fear and let him be your dread and he shall be for a Sanctuary Isa 8.11 12 13. Be ye waiting upon the Lord until the day that he rise up to the Prey for his determination is to gather the Nations that he may assemble the Kingdoms to poure upon them his indignation even all his fierce anger For all the Earth shall be devoured with the fire of his Jealousie for then will he turn to the People of pure Language that they may all call upon the Name of the Lord to serve him with one consent Zeph. 3.8 9. Wait I say on the Lord and keep his way and he shall exalt thee to inherit the Land when the wicked are cut off Thou shalt see it Psal 37.34 THE END
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