A GAGG TO LOVE's Advocate: OR, AN ASSERTION Of the Justice of the Parlament in the execution of M r LOVE.

By J. H. Esq.

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London, Printed by William Du-Gard Printer to the Council of State. August 25. 1651.

TO THE PARLAMENT AND Council of State.

GOD hath led you through strange paths, and made you his instruments of wonderful things; you have been carried on with such a series and continuation of Miracles, that must needs extort a Confession of Provi­dence from them that denie it; and of astonishment from them that reverence it: there hath been nothing in Your affairs but extraordinarie and sur-humane; when You were encircled with enemies, You gathered strength at the [Page]Center, and burned through them like stubble; when Providence had surpris'd You (as I may saie, for never so great an action had that event and suddenness) to the Execution of the great Offender, hee set You, contrarie to all thought, firmer then You were before; hee hath made You terrible and victorious, enlightened You with manie strange discoveries, and given glo­rious Issues to all Your Exspectations. To answer all this indulgence, You have been in the measure of men just to Him and to Your selvs; Just to Him, in providing laws for His purer worship, and enlarging the Libertie of His Saints; Just to your selvs, by making manie excellent Acts, and Reformations for them whom you represent; Just both to Him and your selvs, in the exe­cution of the Plotters of that Conspiracie, which hath so troubled this Land. But all men beeing not clear-sighted enough to see a Justice, or too much prepossessed to prais your magnanimitie, I thought it my dutie by this Paper, which I throw at your Feet, to assert both; that if it chance to survive, future ages might know that this age produced som men heroi­cally vertuous, and others that did paie them their due adoration.

A GAGG TO LOVE'S Advocate: OR, A short confutation of those Reasons offered for Mercie in his behalf.

IF there bee anie thing make's a State pre­cious in the fight of Heaven or Earth, it must certainly bee their due attemperation of Justice and Mercie; without the one they may bee sanguinarie, and destroiers of them, whom they ought to preserv; in the other they might bee no less cruel; for the effects of exces­sive lenitie are more dangerous. To take away the life of a single man, is no doubt highly blame­able; but it rest's there: but to suffer a Plot to ripen, when it may bee prevented, or to have compassion on the chiefest Actors in it, is to rais a new one out of it's ashes: and how dangerous even the smallest beginnings of civil wars are, who [Page 2]know's not; and how seldom civil enemies com to a perfect reconciliation; for though terror may over-aw them, 'tis im­punitie doe's confirm and settle them. And truly (if it bee not flatterie to speak a truth) I think the Parlament of this Com­mon-wealth have shewed themselvs, both honorably merciful, and Christianly just in their deportment towards this hainous Criminal, that this Advocate pretend's to plead for; and there­fore, now they have at last given him up to the hands of Justice, wee must need's saie they have don nothing, but what hath endeer'd them to God, and all good men, unless wee will look upon the state of the business through a fals light.

For the nature of the Plot, you have it faithfully from an­other hand, A short Plea for the Com­mon-wealth. and one who had better opportunitie to si [...] i [...]. I durst undertak [...] for to parallel it with Catilines, if you will consider but the strictness and the formalitie of the con­juration, after the solemn invocation of the almightie, hear­ing of that which they call his word, oaths of secrecie, in­fusions of Principles into the conspirators, whereby they might without danger of perjurie bee perjured, all which signifie not much less then that bloodie bowl of Catiline, and the dark conventions of his fellow-Conspirators; Besides, the sacking of Rome, and ruining of the present establishment, was all that Catiline had in his eies; and truly, though wee cannot saie, that directly these men endeavored the sacking of London, and ruining of the whole Nation; yet whether it would not have been a consequence of their endeavors, when wee consider with what persons they had to deal with, it may not well bee doubted. A banished King, one, whom even filial affection, besides the desire of a Crown, and rapine, obliged to all ruine and devastation; one who was to bee maintained in a part, equal to what hee pretended to, and yet was to miss all the goods of his Father, as forfeited and justly sold; A sort of exploded Courtiers, people of Criminal and luxurious lives, who with all their appendages were to recruit their fortunes, out of a ruin'd and enslaved people, and (which were enough to consummate utmost desolation, though the other two were wanting) an Armie of Scots, who, if even in the time of peace, and in small numbers, they were such hors-leaches, it may ea­sily [Page 3]bee ghess'd what they would have been, if they com with a victorious Armie; when beeing but mercenaries, they have proved themselvs such excellent disciples of the Germane Barbarism and rapine, that the North and Hereford-shire, though they found them disguis'd in their best civilitie, found them such handsom leaches, that they suck'd away more blood then those people will recover these manie years. And if it bee now so burdensom to us to paie a small tax, and that for the maintaining of our present beeing, I wonder how able wee should have been to have satisfied the appetites of such insatiate Cormorants.

For the ruine of the present Government, which necessitie and malice made Catiline look upon with a blood-shot eie, I am afraid that som like causses urg'd these men; the Hierarchie they aspire to, was wisely and rationally not established, those Revenues of Bishops, and Dean and Chapters were di­verted towards the great necessities of the State, not parcel'd and squander'd in augmentations, and the King was dis­posed of by other hands, they not having the execution of him; at whose ruine they did onely aim, and were mainly, if not chiefly, instrumental. These enraged them against that admirable change, which God hath signalized with so manie of his Favors, and made glorious and terrible to all our neigh­bors. Against this wee have their weekly harangs, their slie insi­nuations into their abus'd and credulous Proselytes, their manie detorsions of Scripture, and their keen satyrizing against those dispensations of Providence, which daily broke out with such brightness. Hence their aversness for putting up their thanks to Heaven for our successes, and trampling on all those just Commands that Autoritie imposed upon them.

But these are but the actions of the Daie, the actions of the night were, Addresses to Charls Stuart; one, whom the Par­lament call Traitor, they their King; and (the better to have an influence on him) to his Mother, a bred and setled Papist, and one for her high demerits to this Nation, impeach'd in Parlament of high Treason; Jermin and Percie, declared enemies, and the one a Papist; the assemblie of the Scotch [Page 4]Kirk, a Conclave that have usurped and overthrown the Ci­vil Libertie of the Nation; precious Chancellor Louden, and Apostate Massey; and all this for the ends aforesaid, and by the means aforesaid, which were so refinedly Jesuitical, as might justly breed wonder in a rational man, how it could fall into the imaginations of men of their breedings and cir­cumstances; but it may bee they were but screws and pullies made by som cunninger Engineers; Veritas temporis filia.

In this horrid attempt was M. Love the chiefest architect, and instrument; his hous, nay his studie was the chiefest place of resort; and all missives and transactions past under his Vote, nay, casting-voice; Hee it was, that was the center to which all lesser lines refer'd; and certainly, since hee hath made it appear, that hee neither wanted dishonestie, cun­ning, or impudence, to make him capable of such a Trust.

When it had pleased God by a miraculous manner, to bring som part of this wicked design to light, the Council of State, among other, who were engag'd in this work of darkness, thought fit to apprehend M r LOVE, (I presume to mention this the rather, becaus the clemencie and indulgence of the State, and the stubbornness and prevarication of so hor­rid a Criminal may the better appear) who beeing com to examination, and among som Questions certainly known, others doubtful, to the one hee answered, You must excuse him, (Which at his trial hee said, was Scripture-Language) hee would betraie no man, &c. To the others, negatively, and elusively, as hee saw occasion. Notwithstanding this, hee was sent for several times after, and fairly admonish'd not to walk in so unnecessarie a disguis; nay, som hints were given him, from which hee could not infer, but that these hidden paths were throughly traced; but all this was not enough, hee stood to his innocencie (as hee call'd it) and de­fy'd Justice. When hee was told that hee was brought thi­ther by a power, that abhor'd to bee unjust, and was too sen­sible of the Liberties of men, to imprison them for nothing, but such as had a desire to make him rather a means of disco­verie, then example of punishment, and therefore, if hee [Page 5]continued to stand out, they must bee forc'd, even for their own vindication, to bring him to a trial, hee bid them do it, for his part hee would answer any thing hee had don, or words to that effect.

The mildeness of the Council beeing so unsuccessful, his next scene was at the High Court of Justice; where, after hee had vainly attempted a penn'd oration, which, in all probabi­litie, might, to no purpose, have emploi'd the whole daie, and contemptuously and impertinently urg'd som passages of Law, and John Lilburn's trial to avoid pleading, it was very much ado, after the Lord President, som of the Judges, and the Re­corder had with the patience of three hours tenderly persua­ded him not to undo himself, after the fourth call, hee pleaded Not guiltie; but M r Attornie had scarce spoken in order to opening of the evidence, but with three Protestations as high as dreadful, nay particular, as I think can proceed from the mouth of man, hee asserted his innocencie, and denied his con­currence to that design; when notwithstanding, by that daie's evidence, there were few rational and indifferent men, that con­cluded him not guiltie, and wondered with what face and with what Conscience hee durst appeal to that All-seeing Tribunal of Heaven, when his crime was made so apparent to a lower one on earth. What his defens was, let them that heard it remember; full of equivocations, fallacies, misapplied Scriptures, Lectures to his Judges, and threatnings, if they condemn'd an innocent man; yet were those honorable Gen­tlemen so like Judges, that is to saie, dispassionate, that they examined the evidence with the greatest nicetie, and endeavored to satisfie themselvs both as to several suppos'd weaknesses, or if there had been contrarieties; but it proved so full, and so clear, that there was not one man dissented from the sentence, which notwithstanding, that hee might bee in the capacitie of the mercie of the Parlament, was delai'd, as to the execution, for ten daies; yet this man, though hee laie under the stroke of death, and it should seem, had not the greatest resolutions to die that ever were, continued still on his guard, and would nei­ther confess, what had been clearly proved against him, nor yet acknowledg the Autoritie against which hee had so highly of­fended; [Page 6]but hee tell's them hee was justly condemn'd by Their Lawes: Hee might as well have said (and I believ M r Calamie might have advised him as much) to a Companie of Robbers, (for Robbers and beggers have good constitutions as to their end) that his purs was taken away by their laws; But to a just and a settled Autoritie, to make such applications can bee no other then meer dis-affection, or, to say better, Rebellion against those great dispensations of Government which the Almightie hath been pleased to make appear unto the world. But the Tuesdaie after, this not having been effectual, there ap­pear's a Medley of Ministers, checquer'd Presbyterians and In­dependents (for Sampson's foxes may bee applied more waies then one) and these could not know Autoritie, but must write Power; I wonder they had not that title too in their Address to the Armie; but nevertheless, such was the respect the Parlament had to shew to a godlie Ministerie, and compassion to a wo­man, whose throes were hastning upon her, that (notwith­standing neither the Ministers nor Love acknowledged any offens, which might need's obliquely tax the High Court) the Parlament was pleas'd to saie, Hee should live for a moneth: at the end of which, when too late, hee began to seek mercie; hee put in a whole narrative of the proceedings of the business, to the utter confutation of all that hee had before protested or affirmed of his innocencie.

See now a historie of this man; see his picture, though it bee but dead-color'd; see whether they have not had patience and-long-suffering for him, his crimes and carriage considered; see whether the cruellest wickedness may not lurk under the shape of formal Sanctimonie.

But becaus there have been a many who have not been con­tented for to receiv satisfaction as concerning him, but have rather considered his coat sever'd from his Person, or his Person from his crime; I shall here take a short view of the reasons mentioned by his Advocate, who, I conceiv, had been in­structed by the Junto, with what could bee rationally discuss'd for him. The Author that lurk's under the name of G.L. doth not unfitly subscribe himself to the Parlament, The unworthiest and meanest of their servants. The book begin's with as strange [Page 7]a piece of Logick as ever I met with, that becaus this design of Mr Love's and his associates might have proved destructive, a wide door of reconciliation is set open between the Presbyterian and In­dependent; I heartily admit that God may bring light out of darkness, but how wee may exspect either from anie rule in Scripture, example in Historie, or experience of the parties themselvs, that the pardoning of a civil Treason should make a reconciliation between two different, and enraged Ecclesiasti­cal parties, is, I confess, not very clear to mee, unless wee may reconcile it thus, that either the whole Presbyterian partie will confess themselvs to bee allied to his guilt, and conceiv themselvs to suffer in him, and therefore take his life for such a boon, as that their compliance (which I think is not very toothsom to them) can onely recompens, or els the Inde­pendents must turn their faces towards the tail of the hors, and ride Scotland-ward; for certainly, if these two parties had had such a great minde to peace, they had never had so many bickerings for so many years, or els they might have found a more timely occasion; for I shall never bode well of that peace that stand's on so unsteadie a base, and is procur'd by such unworthy brokage.

And therefore our Author now, when hee hath don his part captandi benevolentiam, pretend's to laie open the horridness of the design (which hee ever and anon tell's you was ineffectual, and therefore would infer that it signifie's a dream, a trifle, or nothing); but indeed to no other purpose then slily to con­veigh into the mindes of them that see not so clearly, that it was a thing almost improbable, and that no man with such qualifications as Love and his Associates, would undertake, for saie's hee, Could M r Love, an eminently godlie Minister, and publickly ingaged for Church and State, side with men, whose debauched conversations carrie inevitable ruine in their foreheads? Thus would a Counsellor at the bar argue à probabili, yet all this was proved, and whether or no to his credit, with all these pre­tences of sanctimonie, that for to carrie on a design so mali­cious and damnable, to shake hands with these men, and with that partie whom hee had so many times zealously and pub­lickly declared abominable both to God and man, and there­fore [Page 8]in my opinion, I think, 'tis not hard to conclude that the memorie of all his former services, which are not so high in my account, as in som of his adorers, ought to bee blotted out or rather made an aggravation of his present miscarriage. Yet notwithstanding our Autor even in the close of this convincing argument, as hee call's it, would have the favor shew'd that Solomon did to Abiathar, and, in stead of accusing, be­wraie's his defending him.

His second extenuation in regard of the Church, which as hee well prosecute's, so I am to note, that wee might justly fear, that the power of Religion and fear of God wrought very little upon the hearts of those that could entertain a com­pliance with Papists and old Malignants, I dare not saie, the gall of bitterness was upon these men, but certain it is, that either their principles are strangely altered, or els these men had forsook the principles, in the prosecution of when; they had made their names formally precious in the eies of all good men.

Hee tell's M r Love, that hee hath brought a general odium upon the Government of Presbyterie; For my part, as I think, Presby­terie and High Treason not to be so neer a kin, that they must like Hippocrale's twins live and die together; so I do utterly denie that M r Love hath brought such an odium upon it, for I verily think, take any man in his senses that consider's the rise and growth of it, and by what faithful Patriarchs and worthie Ministers it was lifted up almost to a jure divino, and withall what an excellent government it is in it self, how consistent with the civil power and humane Societie, and what effects it hath produced, where it is establish'd, must need's saie, that it was odious enough before this aggravation of M r Love's, for in this point I must need's clear him.

His third is in respect of the Nation, which hee very sensibly aggravate's; but if hee had thought even by a civil analogie what these men must bee in their morals and religions that efferated by a private spleen, would give up their Nation to ruine, I believ, Hee would not have put himself to a trouble to a framing these merciful expedients; and I am to tell you that our Autor hath cut the throat of all his after-arguments, [Page 9]for since 'tis the dutie of a Magistrate, quà Magistrate, to look onely at the felicifying and preserving the people hee is en­trusted with, and this Plot beeing by his own confession, to the ruine and devastation of the whole Land, it will necessa­rily follow, that the Parlament without breach of Trust, as Christians ought not to dispence with it, becaus they know to whom they are to give an account of their Stewardships, and what a vast exspence, both of blood and treasure this verie Plot, though defeated in the main hath caus'd. And were they heathens, they were then as much obliged, for then they had no higher Principle to appeal to then the merits of the Caus; and certainly, hee that cut off his son for breach of a point of Militarie Discipline, would have found greater indignation, had it laien in the power of humanitie, for this man, whose verie indeavors at one time undermined the safe­tie of his Countrie, and tended to strangle the verie vitals of all Justice, and correspondencie.

His fourth is for themselvs, wherein hee take's occasion, instead of aggravation, to put us in minde of M r Love's forwardness at the business of Ʋxbridg; for my part, as I was at too much distance to bee acquainted with the passages of that Treatie; and the mysterie of it hath not been since dis­cover'd to mee, so I am to note, that I understand not that M r Love did anie more then was in the ordinarie road of his profession (though som blamed him of too much heat); and 'tis an easie thing for one that hath the Libertie to talk an hour or two uncontrouled, and withall follow's but his custom; for to dogmatize as much as hee pleas; but granting hee did service there (as I must onely admit it consequentially) yet doe's not this verie Sermon rise up against him? and hath not hee, to the sight of all men, fallen back from the maximes that hee there asserted? and how horrid a thing is this in a Mi­nister, wee have from hence to consider. For hee know's whose Ambassador hee is, and if hee deliver's his Master's Embassie faithfully; for him to turn Renegado is much more hainous then in anie of those over whom hee hath the over­sight. If hee saie that his Judgment is altered, and hee hath new appearances, hee leav's mankinde in suspence, and suf­fer's [Page 10]them to float in an uncertaintie of Doctrine, or els like the Church of Rome, hee must bee unchangeable and in­fallible.

Wee have seen the Advocate impeach his Client; and since the matter of his Plea branche's into two heads, I conjecture that hee hath a better success in the former, then hee will finde in the later, which hee must usurp in several argu­ments, the first whereof is, That all men acknowledg (I pro­fess, I doubt it) him to bee a man pretious in God's account, and therefore a difference ought to bee put between him and the Grandees of our unhappie troubles, which I think have not all been Cava­liers. From hence wee are to infer (admitting this Doctrine) that, becaus the man is a godlie man, and a Traitor, hee ought to bee pardon'd, becaus hee is a godlie man; which must either invest the Magistrate with a greater power then hee hath, that is to saie, to pardon offences which strike at the verie heart of the State, or els endow him with an omnisci­encie, to view both the heart and the reins; for hee can look no more then at the outward man; and for one tied to a formal profession, and sedentarie life, 'tis easie to avoid most ap­parent scandal, to bee reputed a virtuous person, when notwith­standing, hee may bee one of the grossest hypocrites in all the world. And this knew the Court of Rome very well, when they brought it (I cannot tell how deservedly) against the famous Father Paul of Venice, whose excellent indeavors of asserting the Civil Right against the Ecclesiastick usurpa­tion will scarcely bee forgotten, and our Writer must give mee leav, to put a difference between the Cavaliers and M r Love; I believ manie honest men, were surpriz'd in the King's business, and had their eies dazz'ld at the sight of King­ship, not considering it was an opake bodie, and onely shin'd by reflection from the people; but M r Love came fresh, and sincere to the business, brag'd to the High Court of Justice, that hee was hindered of a degree, for opposing of the Bishops, was a forward appearer; So 'tis not probable, but hee was satisfied with the Caus. The King was then in autoritie, and onely own'd with a dictinction, and had an armie in the field, that hee was an equal enemie; Providence had not [Page 11]cast the ballance of the quarrel; manie of them were Priso­ners of War, and had Quarter; manie of them had articles upon the rendition of Towns; most of them compounded upon Propositions offered by the Parlament; som of them, nay the head, were mark'd out for Justice, and suffer'd. If I understand this Text aright, hee saie's, 'tis either injust to let Rupert and Maurice live, or els they ought inferentially to pardon M r Love; But M r Love laie not under the Qualifi­cation aforesaid, whilom hee detested and abominated Cavalierism, and curs'd it bitterly, was a friend of the Par­lament's, sided, in all mens opinions, cordially with them, preach'd for and before them, was benefic'd by them; so that his crime is to bee look't on meerly as a defection, non an incounter in the field; Hee was not at the head of a Troop, but in his studie, laying of Powder-Plots, not maintaining an open war, but proditoriously ravishing, and stabbing the Freedom of this Nation: so, that as the Italian praie's to bee delivered from those enemies, which hee think's his friends, I maie not onely saie that hee was a friend in our bosom that did thus, but hee deserved to bee punish'd as the Trumpetter in Alciat, becaus hee made others fight, though hee did not fight himself.

Our worthie autor doth now com into his second, which is that, though M r Love and the rest were drawn into that desperate design, and condemned for it' as Traitors, yet hee believ's they had no treasonable intent. Reader! dost thou think, that if our Au­tor were brought to Newgate, and were indited for felonie at the Old-bailie, hee would bee acquitted, becaus hee had no felonious intent; Now everie one know's accessories in felonie there may bee, but in Treason all are Principals; for the Law look's more severely upon offences that concern the Publick, then wrongs don to private persons: becaus by the one, the whole bodie and system of a Republick may bee broken, but the other onely reaches to particular men. The conjecture that this learned Writer give's that the parson had no tresonable intent, is, that it was better to take off the Prince from the Popish Hispanioliz'd faction of Digby, Cottington, &c. to bee a Covenanter, to promote the Government of the Church, ac­cording [Page 12]to the Covenant, that is to saie, to make the young man leap out of the frying pan into the fire, or as the Spa­nyard saie's, come's out of God's blessing into the warm Son. It was prudently designed of Tully in that great year of his Consulat, to let that pestilent humor of Catiline break out, that the Common-wealth might know its own strength, and not be weakn'd by the accession of such as fight on the one side, and praie for the other; But M r Love was more prudential, hee was not content to let his yong Master staie among that partie that bred him, and possess'd him both in person and Principles, that so hee might have been abomina­ble to all honest men, and lovers of their Countrie, and kept up that odious interest of his still unmingl'd, and un­disguised; but (forsooth) they must com into Scotland, and there make an intrique with a people that hated him, as much as hee hated them, and there hee must bring in Kingship to advance Libertie, and Poperie, or the old Church of Eng­land to establish Presbyterie. But will you see what hath followed those harmeless intents of Mart. Christopher; Stuart was by his means diverted from Ireland, whither hee intended, and so wee had had but one single interest to encounter with, and one war to maintain, and it might have pleas'd God that Scotland might have been our friend, but bringing him thi­ther, raised up a cruel war between us, wasted manie lives, and som millions, almost ruin'd that Countrie, and brought a ravenous and necessitous enemie into this. Now whether these bee treasonable intents or no, that have been attended with such sad consequences, let a child with half an eie but see.

Wee must consider, for that's his third reason, that hee for­merly promoted the Caus of the Parlament, which must bee put in the scale with this late disservice. In the former hee was onely concurrent and instrumental, here principal and architecto­nical; then hee had Autoritie for what hee did, and did a thing lawfully; now hee was a rooting up of Autoritie, and had neither Law nor Conscience to pretend; then hee was publick, which is part of our Autor's Argument, here hee was like a mole working under ground; and however our [Page 13]autor saie's, that the business was either perfected or effected, I believ hee that hath read the answer to the former Argu­ment will believ it had effect enough, though not to the height and malice of the design. But becaus this Argument would have M r Love's accounts ballanced, I could wish our Advocate to parallel M r Love with Joab, which though hee had don David faithful service, yet for fiding with Ado­niah was cut off by Solomon.

Hee goe's on to a fourth, which is squander'd into so manie words, and pester'd with so various Propositions, that I must take it in pieces. hee tell's you his client had not engag'd, had his Conscience been satisfied (this verie argument might serv a Ro­mish Priest, whom our Law mark's as a Traitor, for cer­tainly manie of them have zeal enough, though it bee not ac­cording to knowledg) as now it is, concerning the lawful­ness of the present Government. Certainly this blade hath got som of those spectacles of Boccalini, to look into the brests of Priests, or possibly hath found som new art to know more of a man, then a man know's of himself, how els could hee know M r Love's satisfaction of the present Go­vernment, when M r Love never yet acknowledg'd it, but obliquely, and onely as much as was fit for an address, and would never confess his fault till it was his verie last refuge, and offer'd up as a kinde of a recompence for his pardon, and tell's you that people were startled when the hous was guarded, that is, when the betraiers of their Trust and Countrie were thrust out, and all honest hearts rejoiced at it. Hee tell's you the next age may bee satisfied with this Government, though this is not; by which I think, hee conceiv's that the spleen and venom of the disaffected will bee spent; hee would have free construction bee made of men's words and actions, though they bee treasonable and inconsistent with the publick safe­tie, and in the whole aër and visage of this reason make's it appear to you, that though hee bee in the service of the Parlament to this daie, that it is for som other reason then affection.

The next thing the man bid's the Parlament consider, is, his intercessors; truly for the ministers, wee verie well know [Page 14]the ingredients, and for Citizens and women, wee finde their spirits soon conjured up, and in great numbers, especially in matters that go against the hair. And though of the faithful to the present Interest som have had tenderness for him, yet most of them acquiesce in the judgment of the Parlament and High Court; and indeed I fear, that among the promoters of his pardon, it were verie hard to decimate a faithful man to the pre­sent Establishment.

The next is, that wee must disappoint the exspectation of the State, and bis adversaries (they must bee so upon different motives) that thirst after his blood, and would have the Parlament's if they could. This indeed is a strong inforcement; the Parlament must neglect their dutie in executing justice, becaus a sort of people led on partly by their own malignitie, partly exasperated by his peevishness, are so malicious as to desire his death, and others out of horror and resentment of his crimes exspect and claim it.

The seventh forbid's the Parlament to frustrate the praiers of their friends, that had sought the Lord in his behalf. If they have sought God for him, as to Repentance, sight of his evil, and for mercie, hee is no good Christian, that will not join; if for his life, the wisdom of the Parlament, I hope is too steadie and setled, then to be byass'd and diverted by anie private affections or devotions.

Now reader, let me have thy opinion, whether this next argument bee for him, or against him; Hee is, an able minister, but a weak Statesman; and therefore this is a fruit of his ignorance in civil affairs; and with my consent hee shall only have a civil punishment. But truly, M r Love's education had not been such as fitted him for the greatest transactions of State, yet by the cleanly conveyance of this design, it appear's hee was fit enough to do mischief when hee had a minde to it, only it seem's hee would not bid at small iniquities. But it is a shame to a profession and a mystetie of iniquitie working strongly (though its operations in the Jesuits and ours seem a little different) that a man set apart for the ministerie, which the Apostle saie's is work enough for one man, should neglect a vigorous and a close persuance of that calling, and mingle and interest [Page 15]himself into civil affairs. This verie Parlament was so sensible of it at the beginning, that they thrust all the black coats out of Commission, and made them uncapable of civil offices; but they cast out one Divel, and seve, wors are enter'd in; for a grave Doctor in a cassock to sit upon a bench at a Quarter­sessions, or to give out a warrant for a Hue & Crie, was a thing though somwhat unfitting for them, not very heinous; but for a young man, who hath had only the slender breeding of the Universitie, and som short acquaintance with systems to pearch up into the pulpit, and hence give laws to the State, subdivide the populacy to factions and interests, crie or decrie as it come's to their passion; profit, or Ignorance, which I profess I tremble at, and abuse that sacred and internall judg of man Conscience, leading it in the seducible, and screwing it, & trans­forming it into what shape they pleas. So that either like Santons they are hurried and transported with agitation of everie violent loos thought, or els like jugglers they either de­ceiv the cie, or do things, by confederacie. Far bee it from mee to intend by this, that precious and seraphical part of the Ministerie, that daily bring in souls, and shine like stars in their several orbs; These that move like the heavens silently and con­stantly in their calling, yet daiely shed down rich and happie influences. But I meane those other that tread out of their paths, and in stead of preaching of Christ, faith, humilicie, obedi­ence, &c. dispute passes, fall upon rears, bring in Intelligences, and so distort the word to varnish their own distractions. These the civil magistrate (to whom God hath intrusted the waies of saving his people) ought to beware as pests and banes of mankinde, as busie-bodies, which, though like monkies, they maie look grave and solemnly, yet such as know no idleness, and whose business is only mischief.

Certainly if it was accounted the greatest action of Regulus to leave kill'd the great serpent, though hee had the assistance of his armie, and the Knights errants live to this daie in destroying of Monsters that were onlie offensive to particular voisinage. I think it were no lefs heroick to extinguish these firebrands that throw all Europe into flames and combustion.

Ninthly, Hee put's us in minde that hee was a publick instrument [Page 16]of the Church, and hath converted many souls (more shame for him to leav that good emploiment and becom a sower of sedition) and many poor souls must suffer with him, for the saving of which (which is but a presumption,) the Parlament must destroie themselvs, and the people they are intrusted with, that is to saie, do evil that good may com of it.

His tenth is, the parties offended are Judges, and therefore to shew mercie in their own caus is most honorable. If the parties offended were private men, this were a good and a Christian argument; but to publick Ministers, for 'tis not they, but through their sides, the publick safetie and majestie of a people, which are the two indispensable maxims of Government, which caunot bee receded from without disturbance of the harmonie and violation of the very beeing of States. And from hence it is, that everic Judg on the bench is conceived a partie offended by a prisoner at the bar, becaus the one hath transgress'd those Laws, which the other is to execute. Therefore I conceiv not how the members of the Parlament can bee call'd parties, when it was no private injurie to them that brought on the trial and sentence.

Eleventhly, Hee dreame's that becaus the month's repri­val had procur'd a weekly Junctillo, who labor to satissie themselvs into a reconciliation, (which I believ will bee, when you can make two paralels meet in an angle.) Therefore they may exspect upon a pardon som greater effects from this Trea­tie. This seem's to bee a main argument of his, for 'tis the verie same that hee begin's his book with, therefore shall I save paper in this mist; but the motive that hee adds anew here, is to my thinking a verie strange one, That the Presbyterian Partie would-therefore becom serviceable, for hee tell's you aminduce­ment that anie school-boie would have brought, Ingenious spi­rits are led more on by the cords of love, then by a thousand stripes. For the Presbyterian Ingenuitie, what it is, I know not, it hath made it self so little appear to the world, that I doubt not, but manie inquisitive men are equally ignoran't. Onely wee may suppose, that in almost three years they had time enough for compliance, if they had had a minde to it, (whereas on the contrarie, no people so backward and malicious) and that now [Page 17]for the life of a single Demagogue they should suddenly change their opinions, and laie aside their perversness, is a conjecture that seem's to meeutterly groundless, if not absurd.

His twelfth is a conmon place of God's mercie, wherein hee assume's the Parlament to bee his vicegerents, and there­fore like him, that they ought to bee merciful; but God's mercie is said to bee above all his works, becaus the emanation of all beeings is from him, and hee rather love's to shew com­passion then to execute judgment, yet want there not manie sad Examples of his Justice through the Scripture. As for the Kings of Israël, that it was their glorie to bee merciful, I may saie the clemencie of this Parlament hath been a noble error of theirs, and hee that will call to minde their proceed­ings will saie, that in all their executions of Justice, they have been absolutely necestitated, yet in the midst of these necessities have not forgotten to pardon.

13. For Shimei's building him a hous; This man might have continued in his, which was alreadie built for him, besides the provision of a sufficient maintenance, had hee not broke his con­ditions, and plotted their ruine to whom hee ought his prote­ction. And though Shimei was a persecutor of Saints, I won­der what there wanted in the endeavors of this man, that du­ring the reign of Presbyterie, was in the verie gall of bitterness against these tender Consciences, that desire but moderate li­bertie, and since that what a persecution hee hath rais'd against asort of men, whom God hath own'd as precious and dear un­to him, let the historie of his conspiracie make evident. For Abiathar; 'tis true hee was pardoned in respect hee had born the Ark, which was a Type of Christ, and therefore one of the highest cerimonies under the Law; but this man in stead of preaching Christ, efferated the spirits of his Hearers into re­bellions and commotions; so the case is different besides Abia­thar was but an accessorie to an open insurrection; this man a principal plotter of a close conspiracie. Besides Solomon took other blood which hee conceived more guiltie, and therefore was easilier induced to shew mercie on Abiathar.

14. For Joseph's kindeness to his brethren was meeily the forgiveness of a particular Injurie, and that to brethren; this [Page 18]is a publick injurie, and that from an enemie; and for Da­vid's forgiveness of Nabal, the offence was meerly denying, of Provisions to his Armie, a crime somwhat less then high, treason; besides, his wife met, him by the waie with presents, which might bee an occasion of his pardon, which David was no doubt the more easie to grant, becaus. Nabal was not in anie capacitie to do him anie further harm, hee beeing once established. But this man not onely deny'd us provisions in the daie of our necessitie, that is, his praiers and assistance, but took away the hearts of the people, which are the venie life and soul of everie Governor.

In his last hee fall's pell-mell upon the Parlament, in de­fence of the Ministerie, never considering the provocations of the one, nor the temperate proceeding of the other; for certainly, a hous-keeper had rather have his dog muzzel'd, then that hee should perpetually bee flying at his throat, and how much this hath been the practive of most of our mo­dern, especially Presbyterian Ministers, hee that hath vi­sited the Presbyterian Church may easily tell. There is no doubt, besides their innate malignitie, several reasons of in­terest, and peevishness that make them keep at distance, which, becaus our venerable Autor take's the boldness in their names to represent in his sens, I shall onely add my gloss.

The first is, Their long debate with the assemblie about Church-Government, setling that which they take little care to protect, that is Presbyterie, which was onely setled for three years, which beeing exspired they are no more oblige'd unto it; be­sides, what their higher reasons may bee, I know not; cer­tain I am, the generalitie of men finde it a Government so usurping, so lording in spirituals, that they have no minde to write after a Scotch Copie

The next is their suffering of heresies, that is to saie, break­ing down the formalities, and knocking off the shackles of a rigid and specious Government, and taking tenderer con­sciences from under the bondage of the oivil man, and suf­fering meek spirits to breath a due, yet sweet Libertie. As for that abominable crew of Ranters, or anie that lift up their hand against the Scepter of Christ; the Parlament both by [Page 19]their printed act, and severitie against several offenders have sufficiently declard their detestation.

Thirdly, leaving them destitute of competent livelihoods. I marrie, this the is bone in their Throats; Had the Revenues of the old Church com to bee divided among them, and fatned their Vicarages to Episcopal Competencies, wee had been all quiet. But now (since the Assemblie is broken up) and they can­not keep up Pluralities, and are confin'd to ordinatie Compe­tencies, they are enrag'd at that Power that restrain's, and, under pretence of want of maintenance, really complain of wans of superfluitie. But if they would bee just and chari­table, they might take into their Remembrance, the careful­ness of the Parlament, to receiv all Impropriations, that de­volv'd to them: the several Augmentations they daily grant, and the strictness to take for gathering Tiches, which is the chief flower in their Garden.

The fourth is, their mistake about the Covenant, their pleading in positive Terms for the King, whose decollation was as Judicial an Act as ever they did. Judg whether this bee not a roial Reason for their obstinacie, or rather a cloak and varnish for their disgust of maintenance.

Hee bring's (to my thinking very impertinently) five grounds from whence som men desire the death of M r Chr. Love, which are first, Prejudice against Presbyterie. Secondly, Ignorance of the difference twixt it and Independencie. Thirdly, slighting the later whilst the former was in Power. Fourthly, Too much libertie given to such as despise all Government; I cannot tell what this fignifie's, as to the end hee bring's it for. Fiftly, be­caus of his former zeal, the Malignants hate him. Whereas anie Rational must needs understand, that as hee was con­demn'd for a civil Crime, hee is to bee look't upon as a Civil offender, and all secondarie and personal considerations are to bee laid aside.

Hee take's upon him to answer three objections, in which how doutily hee behave's himself, attend O Reader!

The first is, hee hath been instrumental, and caus of much blood­shed; which hee would alleviate by these notable inducements.

  • 1. Had it taken effect, as though it hath not product a Scotch [Page 20]war, and spent thousands of lives.
  • 2. Hee was instrumental to unite King and Scots, but had not hee been, the Scotch Commissi­oners would have don it. This is fals, for it was prov'd before the High Court, that after they had once broke off, Love and his Partie were a means to bring the Treatie on again, and writ Letters to the little Qu., Jermin, &c. a purpose to work the King towards it. Agents they had at Breda, where it took effect.
  • 3. God hath so ordered that the blood that is spilt is onely of his enemies, and very little els, as though bloodshed is no guilt at all; But wee know it hath wasted no small number of pre­tious and dear lives, though the smallest number of them by a conquerd enemie, blessed bee God.
  • 4. Wee must compare his former services which (hee saie's) over-ballance the later. This is one of his Tautologies to which wee have anser'd before.
  • 5. Bloodshed might bee Intentional to his complices, acciden­tal (this man hath very stupid charitie for him) in him, as though hee that join'd with others to the same end, must not exspect to obtain it by the same Means: for was it possible for anie man in his senses to exspect that, when a Nation was wholly garrison'd by a prevailing Autoritie, back't with a stout veterane Armie, engag'd to a detestation and enmitie to anie pretender what ever, would becom so tame and stu­pid (especially beeing English, not Scots) as to give their Liberties, Fortunes, Religion, and all that was dear to them, without dispute? which how it could bee maintain'd with­out letting open a wide flood-gate of Blood, let our Autor (whom som call a Colonel) consider.

The second Objection is, That Justice ought to bee administred without respect of persons; which hee first wrest's to matter of change, and not to matter of Judgment; and so hee never com's neer the objection. Hee tell's us also that there is a dif­ference between one misguided by opinion in Church­matters, and another that purposely set's himself against God, and his Caus, under both which predicaments wee have caus to fear M r Love may bee reckoned. Hee tell's us Justice hath been shew'd in his condemnation, and therefore, hee would acknow­ledg it a meer Act of mercie to save his life; As though Justice were Justice without execution, or that hee would never acknow­ledg [Page 21]an Autoritie, would not rather laugh in his sleev, then thank them for an act of grace. For the sparing of Goring, &c. Mercie found them out in the midst of a crow'd, and they were open enemies, not arch-conspirators.

Thirdly, Hee sdie's Mercie in them would bee no left-banded er­ror; But I am afraid, had hee found mercie, God had punished it in his abettors, as a left-handed error.

Fourthly, Hee tell's us that summum jus is summa injuria, which in the ballance of Civil and Criminal Cases, and al­laying the rigor of som positive Laws is very true, but after condemnation to take of execution, what man that ever took it into his mouth intended it? Besides, here is no extre­mitie of forcing of Justice to anie rigor, but a clear sentence grounded upon several Statutes, upon a crime manisestly and apparently proved, so that the execution is but a meer effect of the sentence, which if ineffectual might appear to bee unjust.

The fist is, That doing Justice in the Scripture-Language is not alwaies punishing the offendor, and therefore becaus it hath another signification, our Autor would allaie the severitie of, Judgment, and the safetie of a Nation; for certainly M r Love even in this sens deserv's that which his Advocate plead's against; for, if a fellow pick'd my pocket, or steal my hors, shall hee not bee hanged? and shall a man laie a train to blow up my Liberties, and for ought I know, my life and fortune, shall hee not bee beheaded?

The third Objection is, That the Souldierie should bee unsatis­fi'd, if hee should despair. To this hee tell's you first that sol­diers are men of blood, and severe in point of execution, which is as much as to insinuate, that they were no better then Barbarians and Cannibals, whose onely thirst it was, or such as should make no difference of shedding the blood of a Citizen before a Tribunal, and the taking away the life of an enemie in the open field. And certainly though they had stood to expostulate the life of this man, yet it had been but Justice to have had all their toil and blood recompenc'd with the effusion of his, who had been the occasion of such mis­chief to them. Hee tell's us secondly, that there are manie in [Page 22]the Armie, that neither care for Minister nor Magistrare, which is a desperate fals scandal on that brave sore of people; for my eles have seen as much pietie, civilitie, prudent and heartie thoughts for their Countrie among them, with as little of their contraries, as is possible (I think) to bee found among such a generation of men; and therefore this blackmouth'd Rabshekah hath taken but the old Malignant and Pre [...]byterian cours, to defame those with odious slanders, whom in the field, or by reason, they could never overcome. Hee tell's us thirdly, That the Genetal and the Armie are but servants, and therefore ought to sit down at the determinations of the Par­lament, which indeed our Autor was very right in; for that noble Chieftain, and the Militarie Council, after conside­ration of that Petition which was brought down by For­tescue (who, I believ went not for that end onely) utterly rejected all interest in the matter, and left it solely to the consideration of the Supreme Autoritie. And indeed as wee are to note the craft of the enemies, that thought to engage the Armie at that tickle time, in a buslness wherein they were to finde the Parlament avers, and consequently sow dissention among them; so the modestie and prudence of the Armie ought to hee commended and remembred.

You have heard both the Plea, and the Counter-Plea, and everie Reader according to his prejudice or unpossession must bee adjudg'd just or unjust. For my pard I had onely this to saie; that I might shew how unvalid the reasons were, that were brought for mercle. It had been easie to have branched out into a long and positive discours, but I for­bore it, in respect I believ that it will bee suppli'd by another hand, when the trial and execution of M r Love is made Publick.

The End.

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