The sad Suffering CASE Of Major-General ROB. OVERTON, Prisoner In the Isle of JERSEY, STATED, AND Presented to the serious Consideration of Those who are either of a Pious or Public Spirit.  
By J. R.  
Is Israel a servant? Is he a home-born slave? Why is he spoiled?  Jer. 2.14. 
When the Righteous are in authority, the People rejoice: but when the Wicked beareth rule, the People mourn, Prov. 29.2.  
LONDON: Printed for L. Chapman at the Crown in Popes-Head-Ally, 1659.   

The sad and Suffering Case Of Major General OVERTON, Prisoner In the Isle of Jersey, etc.  
SLavery and Servitude is not a greater suffering to a Noble and ingenuous Spirit, than sencelesness therein, and succumbencie thereunto, is a sin in such as have deeply died their rescue out of bondage in Blood: and yet for some years past, after the Lord had signally saved us from those inundations which seemed to threaten the ruin of all our Rights and Liberties, how meanly and servily have we since truckled under far worse incursions upon the Privileges both of Parliament and People, and suffered ourselves to be cozened out of that by fraud, which we had conquered by force? insomuch that those who some years since could not countenance the least oppression, can now comply with the greatest, and justify that under one, which they condemned in another: Those who formerly were rather ready to run into a Civil War then permit a few Members to be pulled out of Parliament, have since silently seen whole Parliaments turned out at pleasure; and have been more afraid of the frowns of one man, then formerly of the force of another; such as loudly lifted up their voices against the imprisoning of persons without just cause, are now silent under the sufferings of some without any cause; and can stand by and behold as unconcerned (and yet know not how soon it may be their own Case) the barbarous bondage and banishment of those who have lost their Blood, and hazarded their lives for them in the very same things, for which they now suffer: and therefore if the Lord should punish our Persons and Posterities with slavery and servitude, for the slavishness and servileness of our Spirits, it will be a most righteous judgement, and we cannot but confess, that we have justly deserved the same.  
But however this is too generally and truly the Spirit and temper of most, yet the Lord hath reserved unto himself some, who retain a public Spirit, and have with Noble Heathen Cato (in a manly sense) chosen rather to be their Country's Sacrifice, than any Caesar's slave; and upon a Christian and Religious account, have thought it much better for them to be of an humble Spirit with the lowly, then to divide the spoil with the proud. These are the Salt of our English Earth, which hath not lost its savour; and indeed, had it not been for such, we might before now have been more then equally exemplar with Sodom in punishment, as we have exceeded that place in sin: and yet how shamefully ingrateful are we to some of these public Patriots, when notwithstanding all their past services, and present sufferings in the Cause of their Country, we are like dumb Dogs that cannot bark on their behalf; being rather ready (as were the Jews in the Case of the Lord of life) to cry, Hang and Head those who would have us saved from slavery, than we are any ways sympathizers with their sorrows and sufferings for our sakes. And therefore seeing that faithful servant and sufferer for his Country, Major General Overton, bears above four years' bonds and banishment, with so much patience and silence, under many and unparallelled oppressions, and none on his behalf breathing out those cries and complaints, which his Case deservedly commands from every true Englishman: I was weary with forbearing, and resolved (cost what it may) to present his Case to public view, for a witness against those, who contrary to all Law, Reason, Religion or Custom of either Turks or Heathens, most arbitrarily have punished him both in Person and Estate, without ever exhibiting the least Charge or Crime, or bringing him to any Trial or Examination; but have persecuted him for this very Cause, and no other (whatever any Time-serving Trapanners may pretend) that he yet remains faithful to the Good old Cause, when others have revolted from it: yea, could it be but comprehended in any convenient room, it might be made manifest to the World, that he was so far from managing any design against the late Protector in Scotland, that some who either employed themselves, or were set on work by others (as is most likely) had designed drawing of him into that which would have given them opportunity to have destroyed him with a colour of Justice: and therefore he was represented as guilty in Scotland, as the Plot hatched in England would have rendered him, if it had proved successful; but the Lord delivered him out of that snare, and other Trapanning tricks laid for him in the Tower, by those who were soon fetched forth, or rather removed themselves out of that place, when they could fasten nothing upon him. These things here only hinted, may in due time be so circumstantiated, that any observing eye may easily read, how some had designed his ruin: But because I intent to confine myself to a short Breviate of his Case, I shall accordingly proceed.  
It is not unknown to many who have had any judicious inspection into the late public transactions of these times, how that this Noble Spirited Man, being before the Wars a Captain of the Trayn'd-Bands in his Country, was in judgement and Conscience (for defence of this Nation from those incursions that were ready to break in upon the Freedoms and Liberties of Englishmen) so conjured by an Order of the House of Commons, that he was engaged at Hull in the Forlorn-Hope of these late Wars, to the great hazard both of Person and Estate, the Parliament having then no considerable Force on foot. What faithful and significant services he performed during the late Wars both in England and Scotland, especially in that never to be forgotten expedition into Fife, let his greatest Enemies speak for him: and how he opposed the very peeping forth of any private interest against the public prosecution of the Good old Cause, remains yet fresh in the memories of many: but this being sufficient for his Services, I shall proceed to his Sufferings.  
When the little Parliament was dissolved, and the late General had taken upon him the Chief Magistracy of these Nations, under the Title of Lord Protector; there came down to him at Hull, where he was then Governor, the form of an Address, with a Letter, enjoining him, the Officers and Soldiers of that place, to subscribe the same; but conceiving it oppugnant to the designs and end of the late Wars, and contrary to those Oaths and Engagements he was concerned in, he opposed and declined it, and immediately came up to London, and declared his dissatisfaction to the late Protector; who having several times debated the Case with him, but unable throughly to convince him of the reality of the necessities alleged; after a most tedious attendance under suspense, he accepted of a Commission for Scotland, upon this consideration, that he was free to engage against the Common Enemy; informing the said Protector, that if he prosecuted the public good of these Nations, he would serve him with his life and fortune; but in case it should otherwise appear, that he had designed propagating of his own interest upon the ruins of the Rights and Liberties of the People of England, he could not, nor would not set one foot before another to serve him: wherewith the Protector seemed so well pleased, that he told him, he was a Knave if he did otherwise.  
2. After he was gone into Scotland, and had discharged those intrustments committed to him, upon information of the Recognition imposed upon the first Parliament succeeding that change of Government, his dissatisfaction was so revived, that he was upon a return for England, to have resigned up his Commission; but (some being unwilling to part with him so peaceably) a design was so laid against him (as in time may be made more manifest) that before he could put that resolution in practice, he was secured and sent away by Sea to the Tower, upon pretence of endeavouring to divide the Army; occasioned only by an inoffensive procedure of some few Oficers towards an Address they had proposed to present to the then Protector. I say, the pretence only, was palliated by that procedure. For it may be made manifest by several particulars, that Orders and preparations for securing him, preceded that which was pretended the great plot.  
3. After he had been two days in the Tower, there came an Order for his close confinement; which continued with much force and violence upon him, until he was banished out of that bondage: during all which time, being full three years, he was (notwithstanding all his former faithful Services) more strictly dealt with, than any Prisoner in that place; his Wife and Children for a long time not being suffered to see him, his friends from time to time denied also that liberty; some affronted by Gaolers, Warders, and Officers and Soldiers, and others very uncivilly used and treated, for endeavouring to see him: sometimes he hath been so close confined, that he had contracted such distempers, as had almost ruined his Body; and when the same was signified to the Lieutenant of the Tower, yet he positively refused liberty for his walking.  
To enumerate all those passages of oppression and persecution, which he encountered in those three years' bondage, would be too tedious: only this in general, I will assert, that not one stone was left unturned by Trapanning tricks and dvices, and other inventions of some, who are only ingenious that way, which could conduce to the breaking of his Spirit, under the heavy yokes laid upon him; that so he might either have been tired forth of his integrity, or engaged into some such procedure, as might have given his Enemy's opportunity of revenge.  
Again, fourthly. At his first coming into the Tower, he did by several Letters importune the deceased Portector for a Trial; which hath been oft since seconded by Relations and friends, but could never be granted.  
5. The said Protector by his own private Order, contrary to all Law and Justice, dispossessed the said Major General Overton, before he was prisoner, of 400 l. per annum given him by Act of Parliament, and assigned him forth of the Earl of Levens Estate: and having after that given order for provision to be made him out of some other Estate, hath since his imprisonment, by another Order required the Commissioners for that affair in Scotland to forbear either the paying him money, or assigning him land. If such practices as these have either the Authority of Law, Reason, or Religion, let all the world judge: for punishment before conviction, where there is the greatest plea of crime, is by our Laws and the very Heathens accounted a most high injury. What injustice is it then to continue a faithful servant to his Country, under a close and cruel confinement for above four years, and take away his Estate from him without any colour of crime, or other Cause, than a necessity to make good this Atheistical Maxim, of expiating lesser evils by committing greater? so that he must be continued upon the pretence of a Cause, because he was first committed without a Cause: and thus the reputation of a State or Person in Power, must be preserved out of the ruins of those whom they either persecute out of hatred, or prosecute upon mistaken grounds; which is such Reason of State as no Religion but Machiavel's will subscribe to.  
6. After he had continued three years close prisoner, and had contracted such weakness of body, that a violent remove out of one extreme into another, could promise nothing but present death in all probability; yet was he hurried away (without any convenient notice for preparation) from a close confinement in the Tower (not knowing whither) to the Downs by Deal Castle, and from thence to the Isle of Jersey (one of the most dangerous winter voyages in the world, in the great snowy & frosty season in January 1657. where he was confined to such an old rotten windy room, that he could not that winter (and so I believe this) be kept warm in his bed, but continually cried out, and complained in the night of aches in his limbs and wounds; which so disabled him from using his legs, that he could not a few months ago, walk in his chamber without a stick in his hand; and yet before this his cruel confinement, he was known to be as active and able bodied a man, and free from any distemper, as most.  
7. That this tedious imprisonment hath exposed him to such extraordinary charges and other disadvantages, and this banishment at so great a distance from his concernments and Relations (his wife being necessitated, because of his weakness, to be with him; by which means his Family of small children are left Fatherless and Motherless) so drives him down the hill, that he's much more damnified in his Estate by this causeless confinement (besides the deteinure of his Donative in Scotland) than he was by the Cavalier Enemy, who plundered him in the time of Wars of above 2000 l.  
8. That although several applications have been made to this Protector and his Council by the Prisoner's Sister, and his Case so laid before them, both in her public Addresses and other private informations, that she hath professed (as well she might) that she knew not whether she petitioned for a dead or living Brother; Yet most seem to be so far from Bowels of compassion (though this Protector himself discovered some sense of the oppresseds sufferings to his Sister, when she personally addressed herself to him) & some are so filled with malignity and enmity, that notwithstanding they had seemed really resolved to release him, and continually so encouraged his Sister and others to believe it, that his friends have declined making provision for him and his wife; which is likely to be of very great damage to them; yet no relief or justice can be had at their hands, but they seem resolved to ruin both him and his, and yet there's not one of ten of the Court, but will confess, that he hath had very hard measure; yea, those who would in every thing plead for the integrity of the deceased Protector, condemned him in this Case of Major General Overton.  
And now to come to a Conclusion, I do hereby in his name, and on his behalf, appeal to the Consciences of all the Court, or any his greatest Enemies; Whether they are not ere this time convinced and satisfied that the Jealousies or pretences against him in Scotland, have proved upon the strictest examinations to be Clouds without the least water, and high swelling appearances of nothing. But whether they will acknowledge so much or no, yet I will seal the truth of this with my blood, if the Lord shall call me to it; and be able to demonstrate to any  judgement, that he did not in the least, either directly or indirectly, design, endeavour, or propagate any thing, that either naturally in itself, or intentionally in him (whatever ends others might have had by a Trapanning influence upon them) that tended to divide the Army into any mutinous attempts or procedures, either there or elsewhere. Nay, we call upon those who have a notable faculty (besides their tittle-tatling in private) in extracting, or rather extorting informations against those whose ruins they are reaching after, to produce whatever they have collected by their most industrious inquisitions. And let all the time-serving Trapanners of this Treacherous day (whom the great God of Heaven and Earth, notwithstanding all their Atheism, will in his time judge) bring in likewise the Auxiliaries of their cauterised Consciences (to speak as soberly of such a generation of men as I can) that so the most curious Critics of the Court may conjure up the life and Soul of the sense of all they can heap up together, and we shall defy its signifying any thing more than dissatisfaction; and then let his Text be judge in the Case, wherein the Prophet Esay speaking of the downfall of Tyrants, saith, That the terrible one is brought to nought, and the scorner is consumed, that make a man an offender for a word, and lay snares for him that reproveth in the gate.  
FINIS.