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A88579 A cleare and necessary vindication of the principles and practices of me Christopher Love, since my tryall before, and condemnation by, the High Court of Iustice. Whereby it is manifested, that a close prison, a long sword, a High Court, and a bloody scaffold, have not in the least altered my judgment. Whereas also the cruelty of the sentence, the insufficiency of the proofs, and my own innocency, are demonstrated. As also my grounds and reasons of giving in a narrative, and the lawfulness of the matter and titles of my petitions (though to usurpers) manifested and maintained. Together with a declaration of my judgement concerning Cromwells unlawfull invasion of the kingdom of Scotland. Written by me Christopher Love, Master of Arts, minister of Lawrence Iury, London; penned by me the eighth of August, fourteen days before my death. Love, Christopher, 1618-1651. 1651 (1651) Wing L3148; Thomason E790_5; ESTC R202748 58,288 49

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also that no addresses to them will be received by them unlesse the titles they assume to themselves be given them by those who make applications to them Having thus spoken to justifie the lawfulnesse of the titles of my Petitions I come now to justifie the matter of my Petitions Before I speak to the matter of my Petitions positively I shall in a word declare negatively what was not the matter of my Petitions as 1. I did not promise to act any thing for the promoting and maintaining this present Government that had been equivalent to taking the engagement 2. I did not promise to joyne with the present power to oppose the Scotish Army though I was often sollicited to it 3. I did not declare that for which I was condemned was a sin against God I am of the sam● mind I was when at the High Court after I had my sentence I said Though they Condemned me yet God and my owne Conscience did not Condemne me they Condemned me for Treason yet my Conscience did not tell me that it was a sinne against God which they counted Treason I confessed it was a transgression of their Lawes but no transgression of any command of God In my first Petition I have these words That I lay my mouth in the dust that there may be hope that the Lord will pardon his manifold iniquities and that your Honours will passe by his offences contrary to your Lawes In my second Petition I have these words through unadvisednesse and weaknesse he is fallen under your sad and heavy displeasure and hath offended against the Lawes of this Common-wealth In my third there is no mention of sinne at all In my fourth Petition there is this passage The consideration whereof melteth the heart of your Petitioner and makes him after a more narrow search of his heart and wayes more deeply sensible than ever of his sinne against God and more sorrowfull for his crimes and offences against the Parliament in his late and great miscarriages In all which passages I have not renounced the righteousnesse of the cause for which I suffer nor acknowledged the thing it selfe to be sinfull which I still maintaine as justifiable and can say with the Apostle Happy is he that condemneth not himselfe in the thing which he alloweth 4. I did not in my Petition justifie the acts upon which I was condemned to be righteous nor the Court to be legall I do publickly protest against the former to be most unrighteous unmercifull and severe Lawes as Draco's written in blood and have before the High Court protested against the latter that they were not a leagall Court of judicature to judge me for my life therefore I did earnestly plead it was my birthright to have a jury my duty to demand it though their pleasure to deny it 5. I did not absolutely justifie the sentence of the High Court I had rather patiently undergoe the sentence than absolutely to justifie it I must confesse through advice of Lawyers and earnest solicitatious of friends I did in my last Petition after a sort and in some sence say the Sentence was just in what sence I shall by and by shew My words are these He humbly acknowledgeth he hath so highly violated the Lawes of the Commonwealth as that thereby he hath rendred himselfe guilty of the sentence of death justly past upon him by the high Court of Iustice In which words first I do not justifie their Lawes nor secondly the Legality of the Court thirdly nor the sufficiency of the testimony of the Witnesses There did not any two Witnesses evidence any one fact against me that was treason by their new Acts and that some Members of the High Court have confest unto me Having spoken Negatively what was not the matter of my Petitions I now come to speake positively what was the matter of my Petitions wherein I have said or done nothing contrary to Conscience or my former principles The matter of my Petitions containes three parts first the Narratory part secondly the Promissory part thirdly the Petitionary part At the last none can be offended unlesse such as thirsted after my blood in that I did but begge a grant of my life that I might bee rescued from going downe into the Grave None can justly blame mee for begging my life from any who have my life in the power of their hands I neede not speak to that But the two former parts of my Petitions viz. the narratory and promissory parts require more to be spoken concerning them As touching the Narratory part I shall begin with the first Petition the narratory part runs thus Most humbly sheweth Your Petitioner having received the sentence of Death by the High Court of Justice is preparing himself in all humility and serious submission to drink that bitter cup the terrour whereof though much abated through the pardoning mercies of God in the blood of sprinkling yet your Petitioner being brought down to the dust of Death desires to see the righteous Lord in this Sentence acknowledging it to be just with the the most High to cut him off both in the midst of his dayes and the midst of his Ministry but desires to be deeply humbled under the mighty hand of God lying low before the Lord and you putting his mouth in the dust that there may be hope that the Lord will pardon his manifold Iniquities and that your Honours would passe by his offences done contrary to your Laws which as he formerly did so still doth confesse renders him faulty for which he is unfeignedly sorry your Petitioner goeth not about to plead excuse but with an humble submission prostrates himself at your feet acknowledging he hath offended against the acts of this Commonwealth and thereby is fallen under your sore displeasure of which he is very deeply sensible and sorrowfull also This is all the narratory part which I hope offends no sober minde nor Christian ear it offends some I have said no more it offends none I hope that I have said so much I desire to give you a few things to observe out of these words in my first Petition 1. I said I desire to see the righteous Lord in this Sentence I doe acknowledge God to be righteous what ever men are in all that is brought upon me he is righteous should a worse Sentence than Death passe upon me 2. I do acknowledge it to be just with the most High to cut me off both in the midst of my dayes and in the midst of my Ministery I doe not say it is just with men they shall answer for what they have done but it is just with God he is just in mens injustice and righteous in mens unrighteousnesse 3. I say in my Petition That I desire to be deeply humbled under the mighty hand of God lying low before the Lord and you putting his mouth in the dust if there may be hope that God will pardon his manifold Iniquities and
to it in my last Petition The reasons why I formerly refused to mention a word in my three first Petitions about the justice of the Sentence are these 1. Lest I should harden the hearts of my unjust Judges they themselves confest mine was as intricate and dubitable a Case as ever came before them to finde by what Act and by what Clause in that Act I was found guilty therefore they spent more time about my tryall than about any Mans since their High-Court was established I refused therefore to say that was Justice which God will say is Murder in the great day of their account and which themselves could hardly say was just untill by the subtill insinuations and rigid inferences and Collections of the Lawyers of that Court they hook't me within the compasse of those generall words To abett countenance or encourage 2. Lest I should injure my Godly Brethren who should be afterwards tryed The most they proved against me by two Witnesses was prefence at the hearing of Letters read Now I thought with my selfe should I confesse the Sentence just I should pre-judge my Brethren and in effect say the Sentence would be just against them as well as against me upon this ground I refused to say the Sentence was just but this reason is of no force now for all my Brethren in the Tower who were engaged in the same businesse they have either confest or intend to confesse against themselves 3. I could not be informed upon discourse with divers of the Members of the High-Court what personall fact of mine proved against me made me guilty of Treason by any publique Act of theirs nor could I understand by any of them if they did proceed Secundum allegata probata how they found me guilty of Treason all the refuge they had to run to was this That I was an abetter countenancer or encourager of the Scotish Nation and forces adhering to them and upon that Clause they sentenced me Now when I saw some of my Judges could give me no more satisfactory reasons of their Sentence it made me the more to doubt of the justice of the Sentence even according to their own Lawes upon these grounds I forbore to speak of the justice of the Sentence in mentioning the justice of the Sentence I did not use lightnesse or shew ficklenesse but what I did it was upon solemn and serious advice and consideration The reasons why I did say the Sentence of Death was justly past upon me are these 1. Because I knew I had done those things which their cruell Lawes punish with Death as I did write a Letter to Massey and gave a small sum of money to him both which are punished with death yet they proved neither of these so that I place the justice of the Sentence not upon the sufficiency of the proof but upon my violation of their bloody Lawes 2. I had not so much hopes that saying in any sence the Sentence was just would formerly so much advantage me as now I have therefore would not give so likely an offence for so unlikely and uncertain an advantage 3. I considered with my self that the Sentence of the Court whether just or unjust as to my acknowledgment was but a nice controversie in Law not a clear Case of Conscience in Divinity I did not refuse to say the Sentence was in any sence just as if I thought it were a sin in its own Nature to say that by their Laws the Sentence was just I never loaded my Conscience with that but I forbore it out of Christian prudence I would not harden my Judges nor insnare my Brethren 4. The last reason why I did say the Sentence was just is this because my Judges did upon the evidence bring me under these generall and comprehensive words To abett countenance and encourage the Scotish Nation These words are of such a latitude that they might bring me under them by forced inferences strained consequences and rigid interpretations so that in this sence this rigid sence the Sentence may be said to be just Yet for all this that hath been said my Judges have great cause to be troubled as 1. For sitting in so arbitrary illegall and tyrannicall a Court 2. That they judged me upon such incompetent insufficient and uncertain evidence 3. That they judged me to dye by such an Act they indeed are to be judged as Traytors who made the Act not I who broke it 4. For being such vassalls to those who Commissionate them most of them having offices or places of profit from the State are in fee with the State and for that very reason are not competent persons to be judges of matters of Fact against any mans life indeed the Iudges of the Land are onely Judges of matters of Law and may be in fee with the State may receive a yearly revenue but the Jury who judge of matters of Fact ought not to be in fee with the State therefore by Law the Prisoner at the Bar may lawfully except against 35 if he see just cause either in that or any other regard 5. They have great cause to be troubled that when they could not prove one Treasonable fact against me by their new Laws either that I ever writ Letter or received or sent Letter or gave one penny of money when I say they could prove neither of these against me that they judge me to dye upon such a quirk in the Act and by such harsh interpretations force my actings to come under those generall words abetting countenancing and encouraging I am bold to say that Treason was never made by such generall words as abetting countenancing and encouraging in any State or Kingdom in the world but in ours by our Commonwealth-men and some of my Iudges have confest there was never such generall words found in any Law to make a man guilty of Treason Ignorant men talk of the Norman slavery but there is no such slavery in the world as this is for a man to dye upon such words as these for ought I know speaking well of a Scotch man may be judged abetting and looking lovingly on a Scotch man may be judged conntenancing and speaking comfortably to a Scotch man may be judged encouraging so that if a man speak well of or look lovingly on or speak comfortably to any of the Scotish Nation he may for ought I know be brought under this unmercifull and cruell Act as well as I Though I am not the first sentenced to death by the flew Acts yet I am the first Man in England sentenced to dye by those generall words of abetting countenancing and encouraging which are not found in any ancient Laws or Statutes and which no Iury in England would have Condemned me upon as Lawyers have informed me What will after-ages say of these proceedings but that this kind of justice is extremity of rigor and that there is a talent of unrighteousnesse to one dram of justice found in
your Honours passe by his offence done contrary to your Laws which as formerly did so I doe still confesse renders me faulty for which I am unfeignedly sorry In which words I desire the Reader to observe I doe onely in the generall beg pardon for my manifold Iniquities without restraining it to this particular fact for which I am condemned I am assured that what they count Sin is Duty and what they judge Treason is Loyalty Secondly when I beg their Honours to passe by my offences done contrary to their Laws I do not intend it as if my offending against their Laws made me a transgressor against Gods Lawes no they are transgressors against Gods Law for making such Laws not I for breaking them Thirdly I used this passage against your Lawes on purpose to distinguish their new Lawes from the Ancient and Fundamentall Lawes of this Nation Fourthly when I say I am by their Laws rendered faulty I doe not nor never did intend it as to God but if I respect their laws singly I am faulty by them for I confesse I have broken them yet as to God they are faulty in making them not I in breaking them Fifthly when I say I am unfeignedly sorry that I have done it contrary to their Laws My meaning is because of the penalty their Lawes inflict viz. Imprisonment and Death for this I am sorry As for Gods Law I desire to grieve more for the offence than the Punishment but as for their Laws I am not bound to doe so Fourthly when I say I prostrate my selfe at your feet acknowledging I have offended against the Acts of this Commonwealth and thereby am fallen under your sore displeasure of which I am very deeply sensible and sorrowfull also I desire the Reader to observe 1. I call their Laws the Acts of this Common-wealth to distinguish them from Acts of Parliament 2. By these words you may understand my intent in the foregoing Clause where I said I was sorry for my offences done contrary to their Laws these words explain those that my sorrow is that I have fallen under their sore displeasure which I feel by Imprisonment and sentence of death rather than transgressing their Acts I have more cause of grief that their Laws are not abolished than that they are broken This is all I have to say about the narratory part of the first Petition the narratory of my second Petition is as followeth Most humbly sheweth That your Petitioner doth with all thankefulnesse acknowledge it a singular Providence of God and speciall favour of the Parliament that a dore of hope is yet open and opportunity once more offered to prostrate himself at your feet for a grant of his life which if you vouchsafe he shall accept as an Act of great grace and mercy It is no little grief of heart to your Petitioner that through unadvisednesse and weaknesse he is fallen under your sad and heavy displeasure and hath offended against the Lawes of this Commonwealth for which he is unfeignedly sorrowfull And now by the sentence of the High Court to which he submits with all Christian meeknesse and humble acknowledgement of Gods ●and therein is in inevitable and suddon danger to lose his life without your mercifull interposition And whereas there is surmise of a plot continued against the peace and welfare of this Common-wealth he doth protest in the presence of GOD the searcher of all hearts that he knoweth of no plot or designe against the present Government nor it privy in the least to any preparations or intendments towards any intestine Insurrections or forreign Invasions or to any Correspondency now held with any in or of the Scotish Nation or any other whatsoever He is not ignorant how much Malignants will triumph at his death nor is he without naturall affections to his dear Wife and Children nor without real● desires of life to doe GOD and his Countrey service which are powerfull perswasives to him to doe what ever he can without wounding his Conscience In which words I desire the Reader to take notice 1. That by using the word Parliament I doe not own them as a reall but as a titular Parliament 2. When I mention unadvisednesse and weaknesse I understand it in the manner of management of such a businesse that is was without that caution and care that became a businesse of such a nature It was my unadvisednesse and weaknesse I confesse that I ever met with such persons who were some of them so false others so fearfull most of them so undiscreeet yea it was my unadvisednesse to meet with so many of them 3. When I say I am unfeignedly sorrowfull it is not singly for offending against their Laws but conjunctly because I am fallen under their sad and heavy displeasure and offended against their Lawes This explains a like clause in my first Petition it implies I am sorrowfull for the penalty their Lawes inflict viz. Imprisonment and Death for therein I finde the sad effect of their heavy displeasure so that my sorrow is rather that I am a sufferer by their cruell Laws than that I am a breaker of them indeed as to the Laws of God and the unquestionable Lawes of this Nation a man ought to be more sensible that he is a transgressor than that he is a sufferer But a man is not bound to be so for transgressing their treasonable Lawes 4. Take notice I call their new Lawes the Lawes of this Commonwealth to distinguish them from the old Lawes of this Kingdome which I will keep not only for Fear but for Conscience sake but as for their Laws a man may forbear to break them out of Fear or in Prudence but not for Conscience sake 5. When I speak to the sentence of the Court take notice I onely say That I submit to the Sentence of the high Court with all Christian meeknesse and humble acknowledgment of Gods hand therein Take notice I doe here submit to the sentence not justifie it and I doe acknowledge therein God to be righteous for he is righteous in the unrighteousness of men I doe acknowledge Gods hand in this Sentence to be just though mans hand to be cruell As for other passages in the narratory part there is nothing questionable therefore I shall speak no more to it The narratory part of my third Petition is as followeth Most humbly sheweth That whereas there are but a few hours between your Petitioner and Death he is humbly bold before he breath out his Soul to God to breath out his request to the Parliament by making his last addresse to you humbly acknowledging he hath incurred your high displeasure of which he is deeply sensible and violated the Lawes of this Commonwealth for which he is unfeignedly sorrowfull and now also submits to the sentence of the High-Court I desire the Reader to observe that this third Petition for the narratory part of it is but a repetition of what was in the two