A65962:119
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.
M. Love. Sir, although I do not come here to have the law expounded to me, yet I do come here to have the benefit of the law; and if the law allows me this benefit (I being unskilful) that if I can find in the charge matter of law arising, then to have counsel to advise me, and to overthrow the Indictment; Why should I be denied this benefit? And I do not yet, according to my understanding, see that you afford me the benefit of the law, you not granting me counsel to advise me to overthrow the Indictment.
M. Love. Sir, although I do not come here to have the law expounded to me, yet I do come here to have the benefit of the law; and if the law allows me this benefit (I being unskilful) that if I can finde in the charge matter of law arising, then to have counsel to advise me, and to overthrow the Indictment; Why should I be denied this benefit? And I do not yet, according to my understanding, see that you afford me the benefit of the law, you not granting me counsel to advise me to overthrow the Indictment.
One of the Court. Mr. Love, if it were possible, I desire you might have satisfaction, for this that you desire is very just; and when it comes to its proper time, then you shall have it: But do not by disorderly demanding of it out of your time, lose the benefit you might have of it when it comes to your time. That which you stand upon, and call law, is not matter of law; nor can you call it law, till you hear what the fact is. For can any man judge what is matter of law, till he know the matter of fact; as it hath been told you well, that the law ariseth out of the fact; […] that if you will anticipate the evidence and the proof of the fact, by urging this matter of law […] did hear read in the charge, you will do your self wrong, and you are mistaken in it: For there is no matter of law appears there, for it is barely, Thus you have done. And if you say this is Law, you exclude all the Witnesses. ⟨p. 10⟩Whether you have done it or no, we cannot tell; and if you have done it, whether contrary to law or no, we cannot tell, because we must apply the witness to the Acts of Parliament that authorizeth us to sit here; and if we find that the doubt grows upon what the witnesses say, and upon what the law saith, then doth matter of law arise, and then it is time for you to say, it appears not by this witness, that it is within the Act. I do the rather speak this, because we do extremely desie you should receive satisfaction, for I would not have any here have any thing put upon him, that may not appear just and according to law; and none can ever say that a man had counsel assigned him before he pleaded here.