A65962:112
The whole trial of Mr. Christopher Love, before a pretended high court of justice…The whole triall of Mr. Christopher Love, before a pretended high court of justice…
The whole trial of Mr. Christopher Love, before a pretended high court of justice in Westminster Hall containing the charge of high treason against him ... with the relation of his suffering and his speech and prayer at his death on Tower-hill / published by John Farthing, citizen of London, who took the trial in the said court in short-writing for Mr. Love, and at his own request ; to which is added The tragedy of his trial and death in very elegant verses / by the acute author of Iter boreale.The whole triall of Mr. Christopher Love, before a pretended high court of justice in Westminster Hall containing the charge of high treason against him ... with the relation of his suffering and his speech and prayer at his death on Tower-hill / published by John Farthing, citizen of London, who took the triall in the said court in short-writing for Mr. Love, and at his own request ; to which is added The tragedy of his triall and death in very elegant verses / by the acute author of Iter boreale.
London : s.n., 1660
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Member of the Court. My Lord, he is very ignorant of the law; for the fact must be put in question before matter of law can arise; for if the fact be one way, then the law falls out that way; if the fact be false, then another way. Now if Mr. Love bring in any of these exceptions for matter of fact upon proof, whether he sent letters into Scotland, or in such a time, whether that be any offence, that will all arise after the matter of fact proves true or false: But before that, under favour, none can speak to any thing against an Indictment, unless he speak against the jurisdiction of the court. And then for other matters, they are saved unto him. And you will, I suppose, admit of counsel in matter of law; but his desire cannot be granted unto him until he plead, and until the matter of fact be some way determined.
Member of the Court. My Lord, he is very ignorant of the law; for the fact must be put in question before matter of law can arise; for if the fact be one way, then the law fals out that way; if the fact be false, then another way. Now if Mr. Love bring in any of these exceptions for matter of fact upon proof, wheth•r he sent letters into Scotland, or in such a time, whether that be any offence, that will all arise after the matter of fact proves true or false: But before that, under favour, none can speak to any thing against an Indictment, unlesse he speak against the jurisdiction of the court. And then for other maters, they are saved unto him. And you will, I suppose, admit of counsel in matter of law; but his desire cannot be granted unto him until he plead, and until the matter of fact be some way determined.
M. Love. I beseech you acquaint me then with the meaning of these words in Judge Cooks Institutes, The prisoner at the bar may have counsel to overthrow the Indictment. It must be either to overthrow a part of the Indictment, or to help the plea, either to plead not guilty in part, or to demur in part. Let me hear then, I beseech you, what is the meaning of those words, That the prisoner at the bar may have counsel to overthrow the Indictment. I cannot overthrow the Indictment when I plead; for then witness comes in against me.