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

By J. H. Eſq.


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 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, who2 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 undertakfor 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 ea­ſily3 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 Scotch4 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 Mr 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 hee5 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 Mr 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;6 but hee tell's them hee was juſtly condemn'd by Their Lawes: Hee might as well have ſaid (and I believ Mr 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 ſtrange7 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 Mr 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 there­fore8 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 Mr 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 Mr 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 Mr 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,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 Mr 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 Mr 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's10 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 Mr 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 Mr 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 not11 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 Mr Love; But Mr 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 Mr 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, ac­cording12 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 Mr 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 our13 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 Mr Love's accounts ballanced, I could wiſh our Advocate to parallel Mr 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 Mr Love's ſatisfaction of the preſent Go­vernment, when Mr 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 know14 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, Mr 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 intereſt15 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 inſtrument16 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 now17 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; this18 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 by19 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 Mr 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 Scotch20 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 Mr 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 acknow­ledg21 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 Mr 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 in22 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 Prebyterian 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 Mr Love is made Publick.

The End.

About this transcription

TextA gagg to Love's advocate: or, An assertion of the justice of the Parlament in the execution of Mr Love. By J.H. Esq.
AuthorJ. H..
Extent Approx. 54 KB of XML-encoded text transcribed from 14 1-bit group-IV TIFF page images.
SeriesEarly English books online.
Additional notes

(EEBO-TCP ; phase 2, no. A86365)

Transcribed from: (Early English Books Online ; image set 118066)

Images scanned from microfilm: (Thomason Tracts ; 98:E640[28])

About the source text

Bibliographic informationA gagg to Love's advocate: or, An assertion of the justice of the Parlament in the execution of Mr Love. By J.H. Esq. J. H., Hinde, John, 17th cent.. [4], 22 p. Printed by William Du-Gard printer to the Council of State,London :August 25. 1651.. (Annotation on Thomason copy: "August 29".) (Reproduction of the original in the British Library.) (Wing suggests that S.H. = John Hinde.)
  • Love, Christopher, 1618-1651.

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  • Text Creation Partnership,
ImprintAnn Arbor, MI ; Oxford (UK) : 2013-12 (EEBO-TCP Phase 2).
  • DLPS A86365
  • STC Wing H2055
  • STC Thomason E640_28
  • STC ESTC R206702
  • EEBO-CITATION 99865815
  • PROQUEST 99865815
  • VID 118066

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