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A65857 The conscientious cause of the sufferers, called Quakers pleaded and expostulated with their oppressors in this nation of England, and particularly in and about the city of London : and those in power that go about to transport, banish, or suppress them for their meetings, innocently informed, and impartially cautioned, from the innocent and oppressed seed of God, which herein calls for justice and equity, and utterly exclaims against severity and persecution for matters of conscience or religion : wherein first and principally is shewed, the use and end of the publick assemblies of the said sufferers, in answer to several objections against them, 1. with respect to their conscientiousness, as it being their duty to meet, 2. with respect to their innocency and peaceable deportment both to the nation and government therein / by G.W. Whitehead, George, 1636?-1723. 1664 (1664) Wing W1918; ESTC R20036 11,816 16

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be to God you have no such thing of any criminal matter against us in this case whatever you pretend for 't is evident we suffer for a matter of Conscience towards God and for his Worship though you would not be seen to persecute us upon that account but some of you would surmise some criminal matter or heineous things against us which you had never any proof or evidence of but only your suppositions of what may be So let the Righteous God and his Witness in your consciences judge between you and us in this matter but we see that such as persecute tender consciences are no competent judges in consciencious matters And it will neither be the pretence of Law or of Order from the King or of doing his Service as some have pretended that will excuse you in Persecuting or going about to Exile an Innocent People For as you ought to do Justice equal Law and Right and to judge for God and not for man so not to impugn the Law of God by any Law or Order from man whatsoever for Gods Law hath no man of what estate or degree soever power to dispense withal nor ought any Law or proceedings of man to oppose or contradict the Law of God which we own and this hath been owned as a maxim both in Law and Divinity that whatsoever Laws are Contra Verbum Dei be void As also the Judges or King's Justices so called ought not to proceed against Innocent men either to banish or otherwise to oppress them either under pretence of obedience to him or otherwise but truly to counsel and warn the King for the best both for his own and the Nations good and not to joyn or assent to him in any thing or commandment which may turn to his damage or debar the Subjects of having Justice or Right done them but lawfully to counsel him to the contrary if they shall have occasion therein from him and this is according to their own Law see the King's Judges Oath Anno. 18. Edw. 3. Stat. 3. viz. Ye shall swear That well and lawfully ye shall serve our Sovereign Lord the King and his People in the Office of Justice and that lawfully ye shall counsel the King in his business and that ye shall not counsel nor assent to any thing which may turn him to damage or disherison by any manner way or colour And that ye shall not know the damage or disherison of him whereof ye shall not do him to be warned by your self or by other And that ye shall do even Law and execution of Right to all his Subjects Rich and Poor without having regard to any person And Stat. 20. Edw. 3. c. 1. We have commanded all our Justices that they shall from henceforth do even Law and execution of Right to all our Subjects rich and poor without having regard to any person and without letting to do Right for any Letters or Commandment which may come to them from us or from any other or by any other cause As also according to the Petition of Right which K. Charles the first Anno 3. fully assented to the Parliament or Nations Request for Right to be done upon their complaint of some violation done against the Fundamental Laws of the Land Is it not apparent therein that according to Magna Charta or the great Charter of the Liberties of England provision is made That no Free-man shall be taken or Imprisoned or Disseised of his Free-hold Liberties or Free-Customes or be Out-law'd or Exiled or in any manner destroyed but by the lawful judgment of his Peers or by the Law of the Land c. As also in the said Petition mention is made that in the 28th year of King Edw. 3d. it was declared and enacted by Authority of Parliament That no man of what Estate or condition that he be should be put out of Land or Tenements nor taken nor Imprisoned nor disherited nor put to death without being brought to answer by due Process of Law c. Complaint hereupon was That divers of his Subject were Imprisoned without any cause shewed but when they were brought before his Justices to undergo as the Court should order no cause was certified of their detainer by the Keepers but that they were detained by his Majesties special command c. And now but compare the present proceedings against us with Magna Charta the Petition of Right and the Fundamental Laws of the Land and the Reason thereof which they are said to be grounded upon and see how they 'l hold parallel For how many of the harmless Innocent People of God particularly in and about this City of London are haled by violence out of their peaceable Meetings and sent to Prison for certain dayes many times without any further Tryal till they be tried for the third supposed Offence that they are accounted to deserve Exilement or Transportation without any just cause or criminal matter being shewed against them of any injury or offence done by them or proof of any transgression of any Just or Righteous Law whatsoever but a late Act which is said in the Title and Preamble to be made to prevent and suppress Seditious Conventicles and for the providing speedy remedies against the growing and dangerous practises of such who under pretence of tender consciences do at their Meetings contrive Insurrections c. Which doth not at all reach us nor ought in either Equity or Reason to be prosecuted against us for seeing the Law of the Land is said to be grounded upon Reason and to receive principally its grounds from the Laws of God and the Law of Reason and Reason the life of the Law See 28. Hen. 8. ch 7. Prisot Doct. St. lib. 1. ch 6. Co. 3. 46. Fi. 3. Dalt Just. Pas. and nihil quod est inconveniens est licitum as also nihil quod est contra rationem est licitum See Cooks Commentaries upon Littleton p. 106. Confider can that be truly said to be the Law of the Land which in the prosecution contradicteth both Reason and Law and on that consideration especially is repugnant to the Fundamental Laws and debars the Subject of having due Process according to the Ancient Law of the Land which requires that No Free-man shall be Imprisoned Exiled c. without due Process fair and legal Examination and Tryal and lawful Judgment of his Equals or Verdict of twelve lawful honest and competent men c. See 37. Ed. 3. ch 8. and 28. Ed. 3. chap. 3. and 42. Ed. 3. ch 3. and Cook 2d part Inst. pag. 49. and 50. But this manner of proceeding as is now against Innocent men and persons to imprisoning and banishing them out of the Nation is both inconvenient and prejudicial to the Nation many wayes though they whose hearts are hardened in sin and emnity will not see it but whilst our Plea for Right by the Law as Subjects may not be heard I shall say the less