A65962:143
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, a man may demur touching the jurisdiction of any court, if he can show any thing in the indictment that the court cannot take cognizance of, which he is charged with; though he do not demur simply as to their jurisdiction in general, yet as to that particular he may demur; as a man may demur in Chancery, when a cause is only triable at the common law.
M. Love. Sir, a man may demur touching the jurisdiction of any court, if he can shew any thing in the indictment that the court cannot take cognizance of, which he is charged with; though he do not demur simply as to their jurisdiction in general, yet as to that particular he may demur; as a man may demur in Chancery, when a cause is onely triable at the common law.
L. Pres. You must know, that he that speaks against the jurisdiction of the court, speaks against the jurisdiction of the Parliament of England.
Mr. Steel Recorder of London. Mr. Love, to help your understanding, I did not say that Mr. Love did expressly speak against the power of the Court, as if they had no power to try him; but this he seemed to say; That what he hath offered against the jurisdiction of the Court, in any thing he is questioned for, if he have not counsel for it before, he cannot have it afterwards. Now if the question you offer be a mixed doubt, for your objection is mixed; for you say, the Court hath no power to try the facts, whereof you are indicted; now is it possible the Court can judge of that, or know there is matter of law ariseth out of it, till the fact appear out of the mouths of the witnesses? it may be the fact will not be proved, then there will be no matter of law arising; if the fact be proved that it was done at such a time, before the act was made, when that appears to them, the Court then will strike it off, you shall not need counsel, then we shall not regard it: if upon the fact any other doubt ariseth in relation to Scotland (for it must be from two witnesses, your doubting being mixed with matter of fact) we shall then be able to judge of it.