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A65962 The whole triall of Mr. Christopher Love, before a pretended high court of justice in Westminster Hall containing the charge of high treason against him ... with the relation of his suffering and his speech and prayer at his death on Tower-hill / published by John Farthing, citizen of London, who took the triall in the said court in short-writing for Mr. Love, and at his own request ; to which is added The tragedy of his triall and death in very elegant verses / by the acute author of Iter boreale. Love, Christopher, 1618-1651.; Wild, Robert, 1609-1679. Tragedy of Mr. Christopher Love. 1660 (1660) Wing W2065; ESTC R30199 222,195 132

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of a Commission Commissionating my lord Willoughby of Parham Graves Titus Massey and Bunce to treat in the behalf of the well-affected party of England and to joyn with the Scots Commissioners according to such Instructions as should be therein inclosed And this question being asked What power have wee to give or send such a Commission Drake answered Wee have the Kings Command for it and the authority of some secluded Parliament men for J look upon them beyond the Power that is now sitting Whereupon Mr. Love replyed Come come let it go You have heard Huntingtons testimony and Mr. Loves paraphrase upon those words The next is Adams At the same time a Commission and instructions were spoken of at Mr. Loves house to be drawn up and sent As J remember Mr. Gibbons brought the rough draught J am very confident that Master Love was there some part of this time and it was in his Studie where this was generally consented unto The Jnstructions were there agreed also and read by Drake as J remember Sterks the Scotish Agent met with us sometimes at Master Loves house This is what was testified by Adams There is another to this and that is Captain Far William Drake read there a paper of the nature of Commission which was not agreed to by the Company because private persons had no authority to give Commission The Commission was in the name of the Presbyterian party A letter and instructions was then agreed upon The Commissioners were to be the Lord Willoughby of Parham Bunce Massey and Titus who was to move in the behalf of the Presbyterians Papers then were read to have been sent to the Queen to perswade the King to give satisfaction to the Scots But they were not assented to My lord I have done with this that concerns this meeting and now I shall apply that which I intended and spoke of before The Design you heard that my lord was at the Swan at Dowgate was treasonable enough in conscience high enough a partie imployed to agitate And though wee do not finde Mr. Love to have been knowing or privie to it at first yet my lord if there be a Treason hatch'd and designed a partie sent in it and any subsequent act of any other party that shall come into this and approve of it and joyn in it in what way soever This man my lord is guilty of the first transaction of Treason So that though Master Love did so walk under ground that wee cannot bring him in to be knowing at first yet I bring him approving at last And my lord though here be his first appearing it is enough and too timely And my lord Titus departing and an account given of all and for ought appears not to be proved by mee nor by any for the Commonwealth whether Master Love did approve or not or how far hee went in it But hee was present and at the debates and discoursings about it and actings in it My lord this is far from misprision of Treason for misprision of Treason is a bare silent act that carryes nothing of discourse nor debate with it it is a simple act of omission But when Treasons are hatch'd and are design'd and others shall come and treat and debate and discourse upon carrying them on my lord by the subsequent act hee hath approved of all that pass'd before and made himself partie to it Here is an account given by Titus of what had pass'd there this is brought into Master Loves house there are debates concerning a Commission whether they took the KING for the Authoritie or the King wrote of it it doth not much move mee A copie of a letter from the King was read there let them take it among themselves as they please Here was a Commission debated and Master Love acknowledgeth hee debated against it My lord under favour if hee had declared an utter dislike and as hee himselfe sayes a detestation and abomination against it But hee goes on though not in that particular yet in another and hee is guilty of all In Treason there are no Accessaries all present are Principles The crime of Treason is beyond the crying blood of murther one is but private the other is publike so as my lord though Mr. Love acknowledgeth that he so far owned the Narrative from Titus and the proceedings there the reading of it but did dissent from the commission and did speak against it and at present I shall take it so too yet for the instructions sent and for the commission named you have had four witnesses named to you my lord dissent will not serve his turne and yet to that there is not a pretence of a dissent from the instructions and what was sent and that is a consent and concurrence and that is an approbation of all precedent actions and makes himself a party in it and that is by one witnesse and my lord you have heard by Master Serjeant Witherigton that to every circumstance there needs not two witnesses but to the designe there must be two and Adams himselfe sayes it was propounded to have given Titus money as you shall hear by and by and Far tels you that there was going on so farre in it that a paper was read for letters to be sent to the Queen to move her to perswade the King but that was not assented to but it was moved among them My Lord The next thing I shall take as near as I can was when this was done and this transaction past over and the instructions sent that were agreed upon for Commissioners at Bredah then begins the troubles in Ireland You have heard of a Paper Book sent written in sack and returned a year after that comes next There was sent over from Colonel Bamfield Mr. Love says he knew not the face of the man but he lik'd his imployment it seems that would be privie to such proceedings from a man he knew not There came a servant over I take it from Bamfield and that was about Christmas last that is the time exprest after Dunbar fight My Lord This was brought the letter was delivered to Potter and their Superscription was singly with the letter L. which I may say may be better applyed to Master Love then to any other all circumstances considered yet I shall not conclude from it but though he sayes he had no letters directed to him I shall say as truly that they were directed to him as much as to any man else and a little more for Master Love was very unfortunate that these letters should be brought to him read in his house the transactions there and Mr. Love to have no hand in it this is hardly to be beleeved My lord in the next place are these letters that came from Bamfield if it please you for that I shall read Potter I received letters out of Scotland from Bamfield with the letter L upon it wherein was a large Narrative of the affairs of Scotland
and thereupon they did break up I cannot tell whether it was sent or no for they were affraid he would betray the businesse After that I was told by Major Alford that Bains told them he was very sorry he should meddle in that businesse and that they would never prosper that had any thing to do with him for that the sins of him and his Father were so great whereupon they were very wary and affraid he would discover the businesse And he I think knew no further After this I did understand this letter was sent to the Prince and I was told so by M. Alford that it was sent in the name of the secluded members and Ministers and Citizens and souldery and Noblemen I remember it fetch'd a great compasse wherupon when the Prince saw this letter and had it from my Lord Piercy he stormed at it said Who are these Noblemen and the rest What can they do for me can they raise me ten thousand men Wherupon there was nothing done but Titus retired himself to his mothers house there lived about three quarters of a year and came to town after did solicite his own business A little after this I heard upon the businesse of the Scots that there was another letter sent that did begin the thing again and now the Prince had considered of the thing and sent over the letter and I heard that it was to the Ministers of London I did not see the letter but Alford and Drake told me it was so After this Titus was sent away and that with a sum of mony as I heard who lent the mony J cannot tell and what sum J know not but presently after this J coming to town out of the West in March 1649. in the beginning of March the day of my coming to London after J had been here one or two days at most J met with Hollis his man in Fleet-street I do not know his name he met me and I asked him what news he told me he wondred that I was a stranger and I asked him what news saith he if you come to M. Love's house you shall hear newes what is your businesse there said I he said it was to pray together and to hear the newes I went about nine of the clock and prayer was over and the news a great part was over but after I did come there that I did hear was this William Drake pulled a paper out of his pocket that I understood he had put into his pocket or withdrawn because of a stranger and afterwards he took it out again The substance of the paper was to this pu●pose as I remember it was in characters and pulled out of his pocket and by him read In the name of the Commissioners commissionating the Lord Willoughby of Parham Major Generall Massey Colonel Graves Captain Titus and Alderman Bunce in order to the Treaty in the behalfe of the well affected party in England and these to joyne with the Scotch Commissioners according to such instructions that should be therewith inclosed And some body asked him what power have we to give such a commission it was answered again by Wiliam Drake that we have the Kings command for it and wee have likewise the authority of some prudent Parliament man whom wee look upon saith he beyond the power of them that now sit whereupon M. Love replies Come come let it go and after that I knew nothing Att. Gen. Repeat that again Huntington When the question was asked what power have we to send or give commission saith Drake we have the command of the King to do it besides we have the authority of secluded Members whereupon Mr. Love replied Come come let it go Mr. Love Pray ask him this one question Were there no speeches between William Drakes words and those words he pretends were mine Huntington J remember none Huntington withdraws L. Colonel Bains is called into the Court and is sworn L. Pres Speak what you know of this businesse Bains My Lord Concerning any thing that came from Scotland I never knew any thing nor did I ever hear any thing for Dowgate J was at two meetings at Dowgate At the first meeting there was a person that J did not know which at the second meeting J was told was Captain Titus and he at that meeting where there was nine or ten or more or thereabouts he did propose some thing to be done in order to the restoring or preserving the Presbyterian Jnterest by way of application to the King as he called him and did advise it to be by way of petition and that he conceived to be the onely way to preserve the Presbyterian Jnterest in England and that way would be the way to assure him he had a considerable party in England and he did use many arguments as a duty lying upon us by our Covenant to apply our selves to him and he offered to draw up a draught of a petition against the next meeting to that purpose and he said it was necessary some thing should be done by some Parliament men and some Ministers and some Citizens that were leading men men that thereby he might be assured that he had a party and that considerable At the next meeting which was suddenly after he did produce a paper which as J remember was in short hand a petition which was to the purpose J have hinted There were severall debates whether it should be signed or not signed and my selfe and two more before disliked it and before he read the paper he began to commend the good nature of the King what good affections he had and likewise did say there was a necessity something should be done to the Queen and Jermine and Piercy who he said were our friends that they should stir him up to comply with the Scotch Commissioners and upon this there was my selfe and two more there present I hope it sate upon them as upon my selfe disliked the businesse and from that time for my own part I never heard any thing the heads of the Petition I cannot suddenly remember This paper carries the sum and substance of the businesse The Clerk shewes him a paper which he had formerly given in Bains This paper if it be not interlined since it was of my own dictating and writ with my own hands he looks upon the paper I see no alteration made at all L. Pres And this you deliver upon oath Bains Yes upon my oath to the best of my remembrance And as to the Prisoner I can say nothing Bains withdraws Major Adams is called into the Court and sworn L. Pres Declare your knowledge in this businesse M. Adams Touching Alderman Bunce and Mason I know something by relation touching the correspondency with them L. Pres Tell the manner of it M. Adams I conceive it was carried on by Mr. Drake that is now absent and in Scotland by one Baily Att. Gen. VVhat do you know of Mason and of
the Charge is That Christopher Love did combine confederate and complet to stir and raise up Forces against the present Government c. and it is not charged that he said Christopher Love did declare the same by any open deed Secondly Whereas the said Christopher Love is by the said Articles charged that for the Subversion and alteration of the same and to carry on the said traiterous Designe that he did Traiterously and Maliciously declare publish and promote the eldest Son of the late King to be King of England meaning this Commonwealth without the consent of the people in Parliament first had and signified by Authority or Ordinance to that purpose The Act of the 30. of January 1648. is that no person do presume to proclaim publish or any way promote Charls Stewart son of the late King Charls commonly called the Prince of Wales or any other person to be King or chief Magistrate of England by colour of Inheritance Succession Election or any other claim whatsoever Exception It is not expresly charged that the same was done after the said Act made neither doth the Charge pursue the words or intent of the Act. Thirdly The Charge is that to accomplish the said trayterous and wicked designe the said Christopher Love on severall dayes and times in the yeers aforesaid at London c. together with William Drake and other persons did trayterously and maliciously invite aid and assist the Scots being Strangers to invade this Commonwealth of England and hath adhered to the Forces of the Enemies raised against the Parliament The Act of the 17 of July 1649. is that if any person shall procure invite aid or assist any Forraigners or Strangers to invade England or Ireland or shall adhere to any forces raised by the enemies of the Parliament or Commonwealth or Keepers of the Liberties of England every such offence shall be taken to be Treason Except 1. That it is not alledged in his Charge who in particular were the Strangers that were invited to invade England 2. That it is not alledged that at the times of the invitement aid and assistance laid in the Charge the Scots were strangers 3 That it is not alledged particularly in the Charge to the Forces of what enemies raised against the Parliament Christopher Love did adhere 4 It chargeth the Prisoner for a treasonable assistance in some yeers that were before the said Act of the 17 of July 1649 was made 5 To advance the said traiterous and wicked designe is uncertain to what designe it shall have reference severall charges of treason being before expressed Fourthly The Charge is That Christopher Love divers dayes and times between the 29th of March 1650. and the first day of June 1651. at London c. did traiterously and maliciously give hold use and maintain correspondency and intelligence by letters messages instructions or otherwise prejudiciall to this Commonwealth with Charles Stewart son of the late King with the late Queen his mother and with Henry Jermin Henry Piercy and divers other persons being of Councel and abiding with Charles Stewart By the Act of 26 March 1650. the matters charged herein are onely prohibited but are not made Treason Except 1. That this charge is mislaid being charged to be done traiterously 2 The charge is uncertain being alledged in the disjunctive or otherwise and shews not in what other manner Fifthly The Charge is That Christopher Love within the times and at the places aforesaid did traiterously and maliciously use hold and maintain correspondency and intelligence with divers persons of the Scotish Nation that is to say with the Earl of Argile and others of the Scotish Nation and with divers other persons of other Nations whom Christopher Love well knew to adhere to the said Scotish Nation in the War against the Parliament The Act of the 2d of August 1650. is that all and every person that shall use hold or maintain any correspondency or intelligence with any person or persons of the Scotish Nation residing in Scotland without the license of the Parliament the Councel of State or the Lord Generall or with any person or persons of the Scotish or any other Nation whom they shall know to adhere to the Scotish Nation in this War against the Parliament Except 1. That it is not laid that the persons of the Scotish Nation mentioned in the charge were residing in Scotland nor expresly alledged that they did adhere 2 That it is not averr'd that such correspondency was holden without the license of Parliament Councel of State or the Lord General nor in what war the correspondence or intelligence was held 3 It is not laid with what particular persons of any other nation adhering to the Scotish Nation correspondency or intelligence was holden nor of what Nations 4 This correspondency and intelligence is not laid to be after the 5 of August 1650. mentioned in the said Act of the 2d of August 1650. but refers to a time preceding that Act. Sixthly The Charge is That Christopher Love within the times and at the places before mentioned did traiterously and maliciously abbet assist countenance and incourage both the Scotish Nation and divers other persons adhering to them in this War against the Parliament And did send and convey or cause to be sent and conveyed Moneys Arms Ammunition and other Supplies to Scotland and other places and to the said Titus c. in confederacy against this Nation without license of the Parliament of England or Councel of State or Generall of the Army The Act of the 2d of August 1650. is that no person shall abbet assist countenance or incourage the Scotish Nation or any other person or persons adhering to them in their war against the Parliament and Commonwealth of England or shall go or send or cause to be sent c. any money Horse Arms Ammunition or other Supplyes into Scotland c. or to any person under their power or in confederacy with them against this Nation without the license of the Parliament of England Councell of State appointed by their authority and of the Captain Generall of the Parliaments Forces a● aforesaid Except 1. That there are no particular persons named who were abetted assisted countenanced or incouraged neither of the Scottish Nation nor of any other persons adhering to them 2. In the Charge the sending of mony c. is laid to be done without the license of the Parliament of England or of the Councel of State or Generall of the Army The words of the Act are without the license of the Parliament of England or Councel of State appointed by their Authority or of the Captain Generall of the Parliaments Forces 3. The time to which this refers is between the 29 of March 1650. and the 1. of June 1651. and so it takes in the time between the 29 of March 1650 and the 2d of August 1650. which is before the making of the Act. Seventhly The charge is That the said