We do all know there are many honest precious and godly men that have received no discountenance from the State nor this Gentleman that should give him any countenance or encouragement to oppose the State But it is somewhat a bold thing for a particular man to be the head of a party and they to engage as representing a considerable party to engage to send Commissioners to agree upon Instructions this is very bold But my Lord God be thanked many of those that were seduced at first were wise and did come in before the last and did not strut it out my Lord with States and Justice as that man hath done before now and at present even out-facing Justice and boldly I â—ay wiping his lips he hath done no offence My Lord they were so bold with Scotland that there was a known Agent there maintained and kept between Scotland and them and I will tell him the Gentlemans name his name was Mr. Sterks and my Lord when he went away the Act requiring those of the Scotish Nation to be gone that Gentleman did supply him with money himself and others gave him eight or ten pounds in his purse to carry him away My Lord I believe he knows this and I am sorry That that Gentleman that hath gone along with us in much of this War that he should at last so much betray his own discretion as rather to trust a reconciled Enemy then to be true to his own Friends I say He trusts a reconciled Enemy and a weak Enemy and that he will think and will know that they might betray him as justly may be done when men so cast themselves upon the Party of the King and Queen and Peircy and Jermine it is no great policy nor discretion to have so many of Councel they say three keeps councel but this Gentleman hath now 20 30 40 in Scotland France and Holland and Agitations between them and frequent Intercourses My Lord I shall now call the witnesses out to you which when Mr. Love doth see himself will say are honest men and to be believed Mr. Love My Lord I beseech you let me speak a word At. Gen. My Lord he hath heard his Charge in particular and those things which if he be ingenuous to himself and his own Conscience he cannot but know we shall prove them and before we prove them I desire to hear whether or no he will confess them Mr. Love I hope this Court will not hearken to the insinuations of instruments of State who are well rewarded for their eager prosecution of men in such a condition as I am in it is an easie matter through flourishes of Law and strains of wit to stir up the mindes of my Judges against me L. Pres You have heard the Matter opened to you which you cannot in any Christian or godly Conscience or Understanding but acknowledge That such Secrets as these you were privy to and came to your hand you cannot before God and man do better then to confess these which you know by the urging of them upon you are come to our knowledge Mr. Love Will you give me leave to express my self as to these things which I am now charged with I do declare and protest in the presence of God and this great Assembly That I never wrote any Letter either to the King of Scots or to the Queen his Mother or to the Church or State of Scotland in the general or to any particular person of the Scotish Nation since the Wars began between England and Scotland to this day I do declare also in the presence of the same God I never received any Letters written to me either from the King of Scotland or Queen his Mother or from the Church or State of Scotland in general or from any particular person of the Scotish Nation since the Wars began between the two Nations to this day I declare and protest likewise in the presence of the same God I never collected or gave or lent one penny of money either to send into Scotland or into any forreign part to the King or Queen his Mother or to the Church or State of Scotland in general or to any particular person of the Scotish Nation since the Wars began to this very day And as to these particulars I have said it often I am as innocent and as harmless as the least childe and if you will take the aggravating of these circumstances against me and will proceed upon aggravations of the crimes against me I hope God will help me with more Peace of Conscience to undergo the censure then you shall have to inflict it And as for that Gentleman that made that great relation to you of the Treaty of Jersey for my part I am as great a stranger to all those Transactions as any here I never saw the face of Titus nor did I ever send to him or receive any thing from him At. Gen. My Lord We shall call the witnesses Captain Pâ—tter is called into the Court. Mr. Love I except and protest against this Witness for he hath been already examined in private and hath made his confession there and that is equivalent to a conviction and I hope the Court in Justice will not admit of this man for a witness L. Pres You shall have Justice as well as ever any Jesuite had At. Gen. You see now what Mr. Love drives at and you will finde his Jesuitical evasions And my Lord let him be asked Whether ever this man was before this Court or any Committee of this Court and I think in Justice you ought to examine Witnesses before hand But it is clear and evident That this man hath been a party with him I do humbly conceive it is so clear and evident that rather I should except against the witness as an incompetent witness then Mr. Love because he hath been a party with him but I desire he may be a competent witness and one in whom there is more ingenuity then there is in Mr. Love Mr. Love Sir before he swears I beseech you ask him this question Whether he hath not been threatned with death if he would not witness against me L. Pres You cannot over-rule us with your beseechings and beseechings it will not do it your over-importunity shall not prevail with us M. Love Let God prevail with you though he may be legalis testis before Conviction yet he cannot be so after Conviction The Clerk The evidence you shall give between the Keepers of the Liberties of England and the prisoner at the Bar shall be the truth the whole truth and nothing but the truth So help you God He is sworn L. Pres Now look upon the God of truth and speak the truth C. Pot. I shall speak the truth At. Gen. That Gentleman was pleased to trust others as I said even reconciled Enemies and fell from his Friends I do grant that this Gentleman hath confest and if every honest man confess his
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 Debates between the Court and him before his pleading to the Charge The several depositions of the Witnesses Mr. Loves Defence to the Charge and Evidence Mr. Serjeant Hales a learned Counsell his Plea against the Charge and Evidence And the Sentence WITH The Relation of his Suffering and his Speech and Prayer at his Death upon the Scaffold on Tower-hill Published by John Farthing Citizen of London who took the Triall in the said Court in Short-writing for Mr. Love and at his own request To which is added The Tragedy of his Triall and Death in very elegant Verses By the acute Author of Iter Boreale London Printed in the Year 1660. TO THE READER Reader THou hast here a true and impartiall account of the Proceedings of the High Court of Justice so called against that faithfull Servant and Minister of Christ M. Christopher Love a man of so much and such known worâ—h while he lived and of so good a name and memory now dead that as any thing I can say of him would signifie little so I shall be wholy silent in it What and how extreme the Proceedings of the Court were against him will by this that follows sufficiently appear especially if thou dost but considerately peruse M. Loves defence and the Plea of that honourable Gentleman and his then faithfull Counsell M. Serjeant Hales against both the Charge and Evidence This triall was formerly printed but not till now made thus publick the times not bearing it The Court took a severe course to have prevented the publishing of it as being it seems conscious to themselves of their own foul and false play therein and did therefore every day commit my very Notes to the Tower though they did not prove to be under such strict keeping but that I had the liberty of giving them severall visits not that I think every one of the Court should fall under the same consideration for there were divers of them as I am certainly informed that would not at all have appeared in it but upon the earnest solicitation of some nearly related to M. Love and that only in order if it could have been to the saving of his life My aim in now publishing this Triall is not that it should prove an injury to or an irritation of any but partly a little to revive the memory of that now blessed servant of God though I know the righteous shall be had in everlasting remembrance and partly that the world may be somewhat acquainted with the manner of proceedings of our high Courts of Justice especially when they have been erected as it is too too apparent ours have been only to feed the malice and serve the corrupt and unjust interests of ambitious and merciless men J. F. The Trial of Master LOVE before the High Court of Justice in Westminster Hall June 20. 1651. THe Court being set and called over the Lieutenant of the Tower was commanded to bring forth his Prisoner and Master Love was brought to the Bar. After the reading of divers late acts of Parliament concerning Treason Master Prideaux the Atturney generall for the Common-wealth spake as followeth Attur Gen. My Lord you have heard severall Acts of Parliament read and the offences therein mentioned My Lord I have here a Charge against Mr. Love the Prisoner at the Bar and I humbly desire that it may be read likewise and you may please to take his Reply to it whether by Confession or otherwise The Clerk is commanded to reade the Charge The Clerk A Charge of high Treason and other high Crimes and Offences exhibited to the high Court of Justice by Edmond Prideaux Atturney Generall for the Commonwealth of England for and on the behalf of the Keepers of the Liberties of England by Authority of Parliament against Christopher Love late of London Clerk by him preferred and commenced against the said Christopher Love That is to say THat he the said Christopher Love as a false Traytor and enemy of this Common-wealth and free State of England and out of a trayterous and wicked designe to stir up a new and bloody war and to raise insurrections seditions and rebellions within this Nation did in severall daies and times that is to say in the yeers of our Lord 1648 1649 1650 1651. at London and at divers other places within this Common-wealth of England and elsewhere together with William Drake late of London Mercer Henry Jermin late of London Esquire Henry Piercy late of London Esquire John Gibbons late of London Gentleman Edward Massey late of London Esquire Richard Graves late of London Esquire Sylas Titus late of London Gentleman James Bunce late of London Alderman and other their accomplices yet unknown traiterously and maliciously combine confederate and complot contrive and endeavour to stir and raise up forces against the present Government of this Nation since the same hath been setled in a Common-wealth and free State without a King and House of Lords and for the subversion and alteration of the same And the better to carry on and accomplish their said traiterous and wicked designe he the said Christopher Love together with the said William Drake Henry Jermin Henry Piercy Richard Graves Edward Massey John Gibbons Sylas Titus James Bunce and others since the death of Charls Stewart late King of England who for his notorious treasons and other tyrannies and murders by him committed in the late unnatural and cruel war was by Authority derived from Parliament justly condemned to death and executed several daies and times in the respective years aforesaid at London aforesaid and at sundry other places of this Common-wealth and since this Nation was setled in the way of a Common-wealth or free State as aforesaid did traiterously and maliciously declare publish and promote Charles Stewart the eldest Son of the late King of England to be King of England meaning this Common-wealth without the consent of the people in Parliament first had and signified by Authority and Ordinances to that purpose And further to carry on and accomplish their said traiterous and wicked designe he the said Christopher Love on severall daies and times in the respective yeers aforesaid at London aforesaid and in divers other places within this Common-wealth of England and elsewhere together with the said William Drake Henry Jermin Henry Piercy Richard Graves Edward Massey John Gibbons Sylas Titus James Bunch and other their accomplices as aforesaid did traiterously and maliciously invite aid and assist the Scots being forraigners and strangers to invade this Common-wealth of England and adhered to the forces of the enemy raised against the Parliament and Common-wealth aforesaid and Keepers of the Liberties of England aforesaid And further to carry on and accomplish the said traiterous and wicked design he the said Christopher Love divers daies and times between the twenty ninth
the like to him This Captain Titus drew up and this I believe was sent over for Titus undertook to send it over I did ask how the Prince should be made to believe that this coming from an inconsiderable party as we were should come under the notion of the Presbyterian party of England for it went under that notion He said he should undertake that by the means of my Lord Piercy And the petition that was agreed upon he did send over I believe for I did not carry it to the post-house but he did undertake to do it Afterwards he went over himself and when he was over he had information that there was notice of his being here and of the businesse he was upon and therefore he writ over to William Drake as M. Drake told me that he did desire some of us that knew of the businesse should be sent over to him to receive that account from him which he had in the businesse So M. Drake did perswade me to go over to Calice and having some businesse of my own I did go over to Calice I went from my house on the friday night and I was back again on the tuesday following And he did give me an account of that transaction The substance of it was this It was about his own troubles he had undergone there by the cavalieâ—ing party in managing that businesse He had likewise been imprisoned and they told him they would try him as a spy and that they urged hard against him and that he was in that condition till my Lord Liberton the Scotch commissioner came over and by his means he had accesse to and favour with the Prince And that was the substance of all He said the King was averse to the covenant not of himself but by reason of those counsels that were about him And this was the substance of that account he gave me of his transaction there at Jersey in reference to the businesse he went upon And this he gave me in writing which I brought over to deliver to M. Drake for it was directed to him which I did deliver Afterwards Master Drake carried them to Master Loves house where they were read And that is all as to that businesse Then afterwards there was a commission they called it a commission it was agreed upon among us to be sent over to my Lord Willoughby of Parham and Massey and I think Graves and Titus that they should agitate and act for us at Bredah and to advise with the Scotch commissioners that were there in the behalf of the Presbyterian party here in England and that is all in relation to that Afterward M. Drake read to me the copy of a letter in characters which he had written himself in his own back-shop which he told me should be sent to the Queen which was to perswade her to perswade the King as he came that way to close with the Scots for that was the likeliest way to make good his own interest but that was at M. Drakes house onely between him and I. Afterwards M. Drake told me he had disbursed money about receiving of letters and receiving of news and did wish me that I would let him have ten pounds and said he would speak to some others of his acquaintance to do the like and if he could get up a considerable sum I should have part back again for he said the charge was too great for him to undertake and I do think he had ten pounds of me for that After Dunbar fight there was I and some others at M. Loves in his great lower room where was a letter read that was said to be from Major General Massey that gave an account of the businesse of Dunbar and also did write for Arms I know not how many thousands and to that purpose that they might be provided by the way of Holland But upon that all that were there did say I heard no man speak of providing arms or any such thing He writ in his letter that for his own necessities and Captain Titus that was there that a motion might be made for providing some money to send over for their supply and it was then said we were so inconsiderable and so few that the sum spoken of could not be done and therefore it was moved that every one should do by himself and friends what he could This was the substance of that Att. Gen. I believe My Lord he hath dealt ingenuously with you This in the generall I pray you ask him what he knows concerning any letters that should have been sent at the beginning of the change of this government to Scotland from any part of England Major Alford For that I know nothing but heard Mr. Drake say that he had correspondency with some in Scotland and I have heard him use one Mr. Baileys name and he had a cypher which they writ by Att Gen. For the Swan at Dowgate he gave relation of that but who was present then Maj. Alford Truly my Lord it is so long since that I cannot positively tell but I am sure I can remember there was M. Huntington and William Drake and Lieut. Col. Bains And I cannot tell my Lord I think there was one Mr. Hall Att. Gen. Was Mr. Gibbons there or not Maj. Alf. Truly My Lord I cannot tell whether he was there at that time or no. Att. Gen. My Lord he saies Titus at that time did give relation of the Prince and his party Can you remember what that relation was and do you know whether this was not afterward communicated and to whom Maj. Alf. I have given you the substance of it but for communicating of it I knew it from none but onely from those there Att. Gen. Titus took time to draw it up Maj. Alf. He did so and at the next meeting at Breadstreet there were the same men again and I think at the same time there was Col. Barton Att. Gen. Was there no mention then when it was propounded to you to be a considerable party was it not said the ministers were to be acquainted with it Maj. Alf. It was asked Titus how the King should be possessed that this came from the Presbyterian party in England because it was agreed upon that there should be no names used to it he said there needed none but onely the ingagement of the ministers in it Att. Gen. What ministers Maj Alf. Truly he did not speak a word of any man that I know of Att. Gen. Was it not then propounded that Titus should be sent to the Scotch King before Commissioners came to him to have a correspondency settled between him and some others here Maj. Alf. I cannot say at that time but afterwards Whether at that time or any other J cannot tell but one time Titus said he had learned from my Lord Piercy which had hastened him over that this businesse was of that concernment that they that did undertake it should be there before the
that they may be relatives one to another and so are these Att. Gen. The next Mr. Hales M. Hales The next is the 4 Charge and that is concerning holding correspondence by letters messages with Charls Stewart and the late Queen his mother we say that this part of the Charge is ill laid also it is laid in nature of a felony by the Act and laid to be done traiterously in the Charge and that is a substantial not a meer formality but a substantial mistake for if so be a woman be indited of petty treason because it is proditoria yet in truth it amounts but to felony now in case where she is an accessary to a felony the inditement is naught if a man be accused that he did traiterously such an action which in it self amounts but to a felony that charge is naught and so it is here it is mislaid for by the act of the 26 of March 1650 the matters therein charged are not made treason at most but capital but we think it only prohibited and then we say it is an uncertain charge and so it is under favour for though the act saith No man shal hold correspondence by letters messages or otherwise yet when we come to inform upon it or to indite upon it it is not enough to say He held correspondence by letters messages or otherwise but if you will ground your deed upon that Act you must shew what that otherwise is and that is the exception to that part of the Charge The Clerk And further to carry on the said traiterous and wicked practice and designe he the said Christopher Love divers dayes and times between the the 29 of March 1650. and the first of June 1651 at London and other places as aforesaid did Traiterously and Maliciously give hold use and maintain correspondence and intelligence by letters messages instructions and otherwise Mr. Hales Or otherwise was our notes then that is out of doors but our Exception is that it is alledged to be done Traiterously L. Pres And the Statute saith it shall be Treason M. Hales No it saith not so the Act layes it only in nature of a Felony and in the Charge it is laid to be done Traiterously and so the Charge is mislaid At. Gen. I confesse it is expresse so in the 26. of March 1650. and it is not said what the offence is but I conceive in the first place that by the law of England be that holds correspondence with a Traitor will go very near it my Lord and theâ— I humbly conceive that still he going upon the first Act it is laid to be with Charles Stewart and thâ— Queen and Councell with him I think it is a promoting of his interest he to hold a correspondence with him whom the Parliament hath said you shall in no case promote his interest Mr. Hales I must be bold still a little to crave Mr. Atturneys favour to reply upon him in this kind of way for I have not had time At. Gen. You have had more time then I for I heard not of it till now Mr. Hales We say the Charge is not good because it is made Felony only by the Act and laid in the Charge to be done traiterously and then we say that Charge is uncertain to what designe it relates if it relates to the businesse concerning the promoting of Stewart's interest if it be so we conceive it is not proved for the proof I mention not but that is not insisted upon that Master Love did promote the interest of Charles Stewart contrary to the Act of Parliament that I think is not insisted upon Att. Gen. O yes Mr. Hales I conceive no. Att. Gen. I conceive very much otherwise Mr. Hales Mr. Hales I desire that Charge once more may be read concerning the promoting the interest of Charles Stewart The Clerk And the better to carry on and accomplish the said Traiterous and Wicked Practice and Design he the said Christopher Love with the said William Drake c. since the death of Charles Stewart late King of England who for his notorious Treasons and other Tyrannies and Murders by him committed in the late unnaturall and cruell warrs was by Authority derived from the Parliament justly condemned to death and executed severall dayes and times in the respective years aforesaid at London aforesaid and sundry other places within this Commonwealth and since this Nation was setled in the way of a Commonwealth or a Free State as aforesaid did Traiterously declare publish and promote Charles Stewart eldest son to the late King to be King of England Mr. Hales We are informed that there is nothing of any particular act of his concerning that but we have nothing to do with the Fact but we conceive that no subsequent thing by way of construction or interpretation shall make a publishing and promoting in such a manner as this is it must be such a thing as expresly publisheth and promotes him to be the chief Magistrate of England according to the words of the Act and not by way of dilation we say this is not a thing to be applyed to serve the turne upon this reason we say that the holding of correspondence and intelligence with Charles Stewart eldest son to the late King it cannot be coupled on to the promotion of the interest of Charles Stewart to be King of England seeing that is but by way of interpretation to bring it within the first part of the Act. Att. Gen. For that I shall crave your direction L. Pres It is not interpretative but positive Att. Gen. But I shall shall crave your pleasure whether I shall in my impeachments afterwards put in all my evidence what is charged and evidence proves that you will judge upon I hope Mr. Hales then the next part of the Charge and that is the fifth that he did hold correspondence with divers persons of the Scots nation our Exception to that is plain we conceive that part of it is not well laid neither it is not laid in pursuance of the Act of Parliament as our notes are this is that we say that it is not expresly alledged that they were persons residing in Scotland as our notes are Att. Gen. Like enough so Sir The Clerk And further to carry on and accomplish the said Traiterous and Wicked Design he the said Christopher Love severall dayes and times in the respective years aforesaid at London aforesaid and divers other places within this Commonwealth of England and elsewhere as aforesaid did Traiterously and Maliciously hold and maintain correspondence and intelligence with divers persons of the Scots Nation viz. with the Earle of Argile Lowden Louthian Bayly Belcarris and divers other persons if the Scots and other Nations whom he well knew to adhere to the Scots Nation in this war against the Parliament and Commonwealth of England Mr. Hales This we conceive is not a good charge for the words of the Act of the 2d of
day of March 1650 and the first day of June 1651. at London and other places as aforesaid did traiterously and maliciously give hold use and maintain correspondence and intelligence by Letters Messages Instructions and other waies prejudiciall to this Common-wealth with the said Charles Stewart Son of the late King and with the late Queen his mother and with the said Henry Jermin Henry Piercy and divers other persons being of councell and abiding with Charls Stewart And further to carry on and accomplish the said traiterous and wicked design he the said Christopher Love severall daies and times in the respective yeers aforesaid at London aforesaid and divers places within this Common-wealth of England and elsewhere as aforesaid did traiterously and maliciously use hold and maintain correspondence and intelligence with divers persons of the Scotish Nation that is to say with the Earls of Argile Lowden Lothian and Belcharris and with one Bayley Gentleman and divers other persons of the Scotish and other Nations whom he the said Christopher Love well knew to adhere to the said Scotish Nation in this war against the Parliament and Common-wealth of England And further he the said Christopher Love within the times and at the places before mentioned did traiterously and maliciously abet 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 Monies Arms Ammunition and other Supplies to Scotland and other places and to the said Titus Massey and others in confederacy against this Nation without speciall leave and license from the Parliament of England or Councell of State or the Captain Generall of the Parliaments Forces And further to carry on and accomplish the said traiterous and wicked practice and designe he the said Christopher Love within the times and at the places before mentioned did traiterously and voluntarily relieve the said Sylas Titus Edward Massey Col. Bamfield and one Mason late of London Gentleman and one Sterks late of London Gentleman who then were and yet are under the power of the Scotish Nation and in Arms against the Parliament and Common-wealth of England with Monies Arms and Ammunition All which Treasons and traiterous and wicked practices and designs of him the said Christopher Love were and are to the apparent hazard of the publick peace of this Common-wealth and free State Parliament and people of England and to the manifest breach contempt and violation of the Laws of the Land and contrary to the form of divers Statutes and Acts of Parliament in such case made and provided And Master Atturney Generall by protestation saving to himself in the behalf of the Keepers of the Liberties of England to exhibite any other Charge against the said Christopher Love and to reply to the Answer he shall make to the premises doth for the said Treasons on the behalf of the Keepers of the Liberties of England impeach the said Christopher Love as a Traytor and publick enemy to this Common-wealth and free State of England and doth pray that he may be put to answer all and singular the premises that such proceedings Triall Examination Judgement and Execution may be thereupon had against him as shall be agreeable to Justice The Clerk Christopher Love you stand charged on the behalf of the Keepers of the Liberties of England by Authority of Parliament of high Treason and other high Crimes and Offences against the Parliament and People of England this high Court therefore requires you to give a positive and direct Answer whether you are guilty or not guilty of the Crimes and Treasons laid to your charge Master Love My Lord Before I plead I humbly crave leave to expresse my self in a few words to this Court and afterwards to make humble Proposals of what I desire in order to this Trial. In the first place being I am this day called to a great and weighty work in the entrance to it I do earnestly beg the prayers of all them that have an interest in God that he would carry me through this whole Triall with such gravity godlinesse and meeknesse of wisdome as becomes a Professor and Preacher of the Gospell and that he would keep me in this houre of temptation rather from sin then from suffering Sir I am this day made a spectacle to God Angels and men singled out from among my brethren to be the object of some mens indignation and insultation By my appearing in this place I am made a grief to many that are godly and a laughing stock to the wicked Here he was interupted by the court Lord President of the Court. Mr. Love how long time do you intend to take up Mr. Love I will be brief Sir L. Pres We have been calling upon God to direct us and you and all good people that justice may be done and you would glorifie God rather then man if you would confesse knowing what was done in that great sin of Achan there was great pains taken and the whole Nation was fain to be examined and their houses divided and at last when it came to Achan you know what Joshua said to him confesse and tell the truth and glorifie God this is that that if you respect God before man you may now clear your self and set forth his glory upon earth and your next work is to plead guilty or not guilty For we see that those wayes you go would take up time and we have taken all into our thoughts before hand Mr. Love I do not desire to protract time but I would not lie under a prejudice L. Pres When you go out of your way we must help you and know if any be under a prejudice here their prejudging is rather in mercy then in prejudice to you Mr. Love I hope you will not be more severe to a Minister then you were to Lieut. Col. John Lilburn When you were at the court at Guild-hall at the trial of Lilburne you gave him the liberty of two houres to plead before he pleaded guilty or not guilty L. Pres To a Minister you say well but I tell you we do more to a christian then to a minister and we are all christians and your ministry is but an Office and therefore what Mr. Lilburne had it was the favour of the court then but time is spent and pray do not you follow that now M. Love Whereas your Lordship is pleased to urge the case of Achan to me if my case were the same as Achans was I should do as Achan did confesse and give glory to God but Achans was a peculiar and extraordinary case and therefore I pray it may not be laid to me God was the informer and discoverer and God did by lot discover Achan to be the man L. Pres Will you plead M. Love I desire liberty to speak a word I had not diverted my discourse but upon your Lordships words Att. Gen. My
from Dunbar fight to the time of the date of them which I think was about Christmas I carried those letters to Master Loves where was one or two more with us Jaquel and I think Doctor Drake we three I am sure of it There were letters from a namelesse person whom we supposed to be Master Baily and a letter from my Lords of Argile Louthain and Lowden These letters wrote for ten thousand pounds for buying of Arms and hiring of shipping and for five thousand men to be landed in England These letters were dislik'd and dissented from and it was agreed to give a negative Answer And we thought fit for our own safety to raise some money for the Messenger and Bamfield the sumâ—n agreed on was forty pounds to which I contributed ten pounds I carried the letter to Mr Loves to take advice upon it Mr. Love and I and Jaquel read those letters that were opened and those that were not opened we did open and read and discourse on them and upon advice resolved to do nothing in it Neither did they reveal it And then being demanded whether at Mr. Loves house there was not a discourse for raising 4 or 500 l. he answered There was Being demanded whether letters were not returned to Bamfield with the money sent him He answered A letter was left at my shop and I apprehended it came from Master Love or Mr. Drake and Jaquel being demanded whether Mr. Drake and Mr. Love were not appointed to draw up the letter he answered Yes they were and that is Potters testimony The next mention is that Jaquel was present there he is sure of it Master Love himself and Jaquel This is Jaquels testimony At a Meeting at Mr. Loves house Master Love being present It was thought fit that forty pounds should be raised for Bamfield A letter was read from Bamfield at Master Loves house Mr. Love being present Mr. Love declared he never saw or knew Bamfield The letter was for five thousand pounds to hire shipping And another letter from my lords of Argile Louthain and others at the same time and place was read to induce the Confederates to give credit to Bamfield Potter moved that ten pounds might be given to the Messenger that brought the letter and thirty pounds to Bamfield which was considered of and nothing said against it There was no agreement but it was thought convenient by all then present Upon this Mr. Love ask'd Mr Jaquel a question and he said I cannot say that Mr. Love said It was convenient but it was not dissented from or spoken against by any My lord I suppose this is a faithfull relation of what the witnesses said My lord you have heard of this and the time when it was That Bamfields servant was sent and letters brought from Scotland giving an account of proceedings there letters from Argile Louthain Lowden and Belcarâ—is to give credit to what Bamfield should relate money provided though not the sum nor the means those letters did hint to them perchance their purses could not reach that but so far as they could goe they would they would reward him that brought it and him that sent it and thereupon 40. l. was provided ten pounds for the messenger and thirty pounds for Bamfield In this repetition I think I have not wronged Mr Love The next is the letter that came from Massey and Titus who were then in Scotland and in what condition I think every man knowes in what condition they are there though by the way I should be sorry to repeat that which Mr. Love did say the first day That it did not appear to him that the Scots were in arms against the Parliament of England but in arms for their own preservation and therefore did desire Councell here was one of his reasons why he desired councell to be informed To advise him whether they were in arms for their own preservation or in opposition to the Parliament of England This was that Mr. Love was pleased to say the first day My Lord this of Massey and Titus gives them an account likewise of the affairs in Scotland after Dunbar fight too If you pleasâ— my lord I will read you three witnesses to that and that neither doth Mr. Love deny but that these letters were read at his house This is Major John Alfords After Dunbar fight we met at Mr. Loves house in his lower room where a letter from Massey was read which gave an account of the fight there wherein he also wrote for Arms mentioning his own and Titus necessities Thereupon a proposition was made for raising of monies for the supplying of their necessities and five hundred pounds being propounded it was brought down to two or three hundred pounds to be raised among our selves Mr. Love did then move for contribution of money to that purpose and I thereupon promised ten pounds which my man paid This my lord is the testimony which Alford gives as to this concerning Massey The next is Adams When the money was propounded to be raised for Massey and Titus certainly Mr. Love was then present and this after the Fight at Dunbar And the money was agreed to be raised by those that were privy to the correspondency Mr. Love had then a paper in his hand and did write some thing I saw not what he did write and so every man that was there did write what he would lend I conceive Mr Love summed up every mans sum Masseys letter was for Armes and the money propounded was for Titus and Massey For Titus because he was sent by us and Mr. Love was there This my Lord is Adams his Testimony and though he did not know what Mr. Love writ yet he knâ—w what Mr. Love moved My Lord Here is another and that is Captain Farr which I shall make bold to read to the Court likewise concerning the same action After Dunbar fight I came somewhat late to a Meeting at Mr. Loves house where Mr. Love told me a letter was come from Massy to assist the King with Money and Armes but it was not agreed that any Money or Armes could be sent And I understood from Mr. Love they could not do it Mr. Love then likewise told me they agreed to raise a sum of money for Titus Massy and Graves and to be sent to relieve them in their necessity which sum whether it was 250l. or 300l. I cannot positively say but Mr. Love moved me to contribute I told him I would give him five pound which I brought wrapt up in a paper and laid it down on Mr. Love 's Table Mr. Love and severall others being in the room it was so done that there might be no discovery And Mr. Love asking him some Questions upon this whether it it was done so by Mr. Love or no he did not know that but it was done so by himselfe that there might be no Discovery My Lord Mr. Love did not disagree Far being crosse examined by Mr. Love
the evidence for I tell you the evidence was ended the last day and your reply and if you had any thing you should have offered it the last day here hath been nothing new offered concerning you but as it is usuall for the Councell for the State to state the matter of Fact to the Court for they have the last word but you had fully ended before and shall we go out of the way for you more then for a whole Generation which the law runs uâ—to I do not know how to do it you had this paper in your pocket you might have pulled 〈◊〉 out aâ—d you â—â—ve had time in a nearer degree to it yet the Court is willing if you 〈…〉 Couâ—cell shortly read what you read upon for matter of Law they will hear it if such exceptions as are not of your own but by the advice of Councell Mr. Love gives in his Exceptions Exceptions taken by Chistopher Love Clerk To the Charge of high Treason and other high crimes and offences exhibited to the high Court of Justice against him by Edmund Prideaux Esq Atturney Generall for the Common-wealth of England These Exceptions are not here printed for that they come in more properly afterward being again in substance given into the Court and signed by Mr. Loves Councell and the substance of them then debated in court by Mr. Hale a Councell for M. Love Att. Gen. My Lord you have now some fruits of the Notary By the law of England he that is impeached of high Treason is not to have the copie of the Indictment it is said the Court are Judges for the prisoner and Councell for him To you all things be substantially charged That there is a substantiall Charge the evidence makes out But this precedent being admitted and the former of Lilburn's cited I shall have little encouragement to go on with any Charge of Indictments L. Pres Though it be more then the law permits yet the Court will take consideration of it Att. Gen. He did read his papers I think it is more then ever was heard of in any Court in the world but to take his papers in by your Clark I hope this is no Replication to the Charge I hope he answers not that way then we shall dispute that way again If he give papers I may and as Embassadors treat by papers L. Pres Mr. Love we have gone out of our way for you and whatever hath been suggested by the Councell this day is nothing unlesse they had offered new matter and they have offered none and therefore it is against any law that was ever yet practised in England You were concluded before though haply the neglecting of it might have been a prejudice to you yet you have offered a paper which the Court will take as a paper to consider of The Court adjourns into the painted Chamber And upon their return the Lord Pres speaks L. Pres M. Love our long absence upon this account may seem to you and others that we have had something of great difficulty among us which we have considered of That which hath been upon your papers last offered in which you have set down the parts of the Charge and the Statutes and your Exceptions These we have considered of But to these though you do affirm it here to us that it is by advice of your Councel yet it is not under your Councels hand nor your own which in order it should be we have considered of them and our examining of them hath taken up a great deal of this time we have been absent We finde that there may haply be some mistakes in your Notes Therefore it is resolved though there seem not much difficultie to us yet you shall have Councell thus doing that they shall set it down under their hands what matter of law they will argue to and bring it under their hands upon Tuesday next at eight a clock to this place or to the Painted Chamber Mr. Love Shall the Councel have onely bare liberty or will the Court assigne them me L. Pres If you desire it and name them they shall be assigned you M. Love I desire Mr. Maynard Mr. Hale Mr. Waller and Mr. Archer The Clerk was called upon to read the Order Clerk Friday the 27 of June 1651. Ordered by the High Court of Justice That if the Prisoners Councel shall under their hands assigne any matters of law fit to be argued and presented to this Court on Tuesday next at eight a clock in the morning this Court will take the same into further consideration Mr. Love I would know whether they are assigned to plead here in Court or to bring a paper under their hands L. Pres If they will under their hands set down what they will stand to for law it shall be considered and they shall plead M. Love I humbly thank your Lordships favour and the favour of the Court. Mr. Love is commanded away The Court adjourns The fifth Dayes proceedings July the 1. 1651 These Exceptions following signed by Mr. Love's Councell were delivered this morning by Mr. Love's Solicitour into the Court sitting in the Painted Chamber Exceptions to the Charge of High-Treason and other High Crimes and Offences exhibited to the High Court of Justice by Edmund Prideaux Esq Atturney Generall for the Commonwealth of England against Christopher Love Clerk And Matters of Law humbly presented to the said High-Court according to the Direction of an Order hereunto annexed For this Order see the fore-going page First THe Charge is That Christopher Love as a false Traitour and Enemy to the Commonwealth of England and out of a Traiterous and wicked Designe to stir up a new and Bloody War and to raise Insurrections Sedition and Rebellion within this Nation in severall dayes and times that is to say in the yeers of our Lord God 1648 1649 1650 1651 at London and in divers other places within this Commonwealth of England and elsewhere together with William Drake and divers other persons did traiterously combine confederate and complet together to stir and raise Forces against the present Government of this Nation since the same hath been setled in a Commonwealth and Free-State without a King and House of Lords and for the subversion and alteration of the same The Act of the 17 of July 1649. is That if any person shall maliciously or advisedly plot contrive or endeovour to raise forces against the present Government or for the subversion or alteration of the same and shall declare the same by open deed that every such offence shall be Treason Exception 1. The words Maliciously or Advisedly are left out of the Charge 2. That the words of the Act are omitted which are Plot Contrive or Endeavour 3. It is not Treason within the Act to plot contrive or endeavour to stir up or raise Forces against the present Government or for the subversion or alteration of the same unlesse the same be declared by some open deed But
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 aâ— 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
stand as they are L. Pres I but hee shall see whether there be any materiall variance between the Notary and the Charge At. Gen. That Notary was upon favour too Mr. Love will acknowledge it Mr. Love I do with all thankfulness acknowledge it my lord At. Gen. I desire it may be no president for after-times The Clerk If you please read your Exceptions M. Hales My lord we begin with the first and these are the Exceptions We take it that Charge is grounded upon the Act of the 17th of July 1649. and we take some Exceptions to that first part of the Charge that is concerning what offences shall be adjudged Treason L. Pres Read your Exceptions and then you shall hear the Charge M. Hales Our Exceptions are these first that whereas the words of the Act are That if any person shall maliciously and advisedly plot contrive or indeavour to stir up or raise Forces against the present Government or for the subversion or alteration of it that the words maliciously or advisedly are left out of the Charge which we conceive are materiall words At. Gen. Read M. Barnard the Clerk That he the said Christopher Love as a false Traitor and Enemy to this Common-wealth and Free-State of England and out of a traiterous and wicked design to stir up a new and bloody war and to raise insurrections seditions and rebellions within this Nation did severall dayes and times in the several years of our Lord 1648. 1649. 1650. 1651. at London and in divers other places within this Commonwealth of England and else-where together with William Drake late of London Mercer Henry Jermin late of London Esquire Henry Piercy late of London Esquire Richard Graves late of London Esquire Edward Massy late of London Esq John Gibbon late of London Gentleman c. and other their complices yet unknown did traiterously and maliciously combine and confederate themselves together and plot contrive and indeavour At. Gen. What say you M. Hales M. Hales Now we find what the inconvenience is of coming to put in our Exceptions when we have not a cleer copy of the Charge and that was the cause why we did subjoyn this that in case any mistake arise by mistake of the copies that we may amend it it is true we find maliciously is in At. Gen. Traiterously will be enough M. Hales I think not that is oveâ— for if it be maliciously alledged that is over Then the next thing we except to is he traiterously combined confederated and complotted together it is true there is plot in it but there wants the words contrive and indeavour but that is not the principall matter wee stand upon The Clerk They are in M. Hales Then that is answered too The next Exception that we take to the Charge is that the Act upon which this part of the Charge is grounded sayes that he must manifest it by an overt Act by an open deed now we say there is as we conceive nothing charged upon him in pursuance of this Act that is there is no overt or open deed laid in the Charge for the words of the Act are so that if any man shall maliciously plot contrive and endeovour to stir up or raise forces against the present Government and shall declare the same by open deed that then every such offence shall be Treason At. Gen. If M. Hales hath read the copy of the Charge as it was taken I think he findes divers of them in the Charge of open acts M. Hales The business is not whether there be open deeds but whether they are applied to this Act or be Substantive Charges of themselves At. Gen. I would ask him whether that open act must be in the Inditement or in the Evidence M. Hales In the Inditement it must be expresly laid in the Inditement or els it is no good inditement At. Gen. But for that that we may not dispute upon those things my lord there are the severall Charges against the severall Acts there are severall open acts that are laid in the Inditement and I think if he look upon it he will find that they are laid to every one of them and relate and refer to every one of them S. Tho. Wither There is writing of letters contributing of money and receiving of messages Mr. Hales That will appear by the subsequent parts of the Charge L. Pres The subsequent parts of the Charge will make that appear for if he did lend mony c. if they be really there we shall hear it by and by M. Hales I take it that the law is very plain that the Act must be mentioned in the Indictment At. Gen. But we will not debate that when we are expresse in the thing we are not so tyed to form as to pin them to every word of it The Clerk And further to carry on and accomplish the said wicked practice and design he the said Christopher Love divers dayes and times between the 29th of March 1650. and the first of June in the year of our Lord 1651. at London and other places as aforesaid did traiterously and maliciously give hold use and maintain correspondency and intelligence by letters messages instructions and otherwise L. Pres These are open acts Mr. Hales Then favour us in this we take it that between this and the first Charge there comes a particular charge that relates to Charles Stewart that is intervenient between the first charge and this that is now read or else we are mis-informed by the Prisoner and if there be so then we think our Exceptions will take place S. Tho. Wither It is all contained in one Indictment and then that that explains the overt act followes afterwards as a distinct thing in the Indictment and so it was in my Lord Cobhams case in that Indictment and in my Lord of Essex his case L. Pres He may make overtures M. Hales We confesse it but we supose it very certain that both as this Act is penn'd and as the Act of is penn'd which are much at one as to the manner of penning them there is of necessity an overt act to be laid to make good that general Charge that we conceive will be plain and that is admitted and agreed by the Lord Cook in his collections of the Pleas of the Crown fol. 12.13 where he saith the Indictment of the Earl of Somerset in the time of Edward the 6th and all other of the like form were against Law because he said that he did not follow the words of the act and that he did it per apertum factum and shews not what that open deed was that was not a good indictment for the fact must be set forth in the indictment that must be done Then the question is whether this be so done here or no we conceive by this Charge it is not so done here upon this ground we say there follows after this a particular charge concerning his promotion of Charles Stewart and
five treasons and one act may be an offence against four or five Acts of Parliament and this is the truth for where the severall acts are repeated that my Lord are those lawes against which this treason and this treasonable practice and designe is laid to be then follows the severall enumerations of those practices designes and open acts of his now applyed by us But Mr. Hales would take them and apply them to one singly But I observe to your Lordship that those open acts of his are offences by an open act against the severall Acts of Parliament but it serves his turn for his Client to apply them so but I hope you will not apply them so but when they come between the offences and the overt acts follow it and the conclusion upon the whole that all those traiterous and wicked practices and designes are against the severall Acts of Parliament And if there be an open act so express'd in the impeachment that in law is an open act suppose it should be required to be express'd if there be an open act then I hope you will be satisfied when it hath been well proved if it be express'd in the Indictment an open act that I hope will satisfie your judgments and consciences especially when open acts shall appear to you to be an offence against the Acts of Parliament I shall leave this to your judgment and trouble you no further and you will finde in its place whether it be requisite or not L. Pres That that Mr. Hales said if it were a thing of absolute necessity in an Indictment then the conclusion will not help if the thing were of absolute necessity there charged and not charged contra formam Statutis will not do it but if I understand it right it is fully laid in this Charge that he did by open and overt acts do the thing it is laid so the words of open act are not but the value that is that he did by writing by words by messages by money and these are really overt acts though hee did not call these overt acts these are laid fully in the Charge and then if they be laid fully in the Charge and we satisfied in the full proof of that Charge that we have heard overt acts to maintain it then I think this cannot come within any of those cases that when an essentiall thing is left out of an Indictment there the conclusion will not help this I conceive so far Then the next What method or order this can be by setting down the Statutes and then withall these overt acts of letters of messages of money will reach to every one of the qualities that these Treasons are manifested by this act but if it were a treason of such a nature that none of these could reach to the manifestation of it then you say well but when these words reach to the manifestation of every charge laid in the Charge then it is effectuall and reall and the conclusion is sufficient Att. Gen. Before he goes to the next I shall crave your direction in it for I professe my Lord to you that I in drawing the Impeachments take not my self to be so strictly tyed to the forms of Indictments in letters and syllables and the forms I have taken and do take are those that have pass'd heretofore and I follow them and till I receive your direction to the contrary I take not my self bound but to expresse the substance of that which is laid to his charge by which hee may know his Offence and give an answer But to formes and quiddities and niceties I conceive I was not bound to that Mr. Hales I presse not forms nor quiddities nor niceties in this businesse The next is concerning the charge of promoting the Prince of Wales Att. Gen. No there is no such thing in it your copy is amisse again read it Mr. Hales Our Exception is this wee have been but upon the first all this while I take it so the next is That he did traiterously publish the son of the late King of England to be King of England meaning this Commonwealth without the consent of the people in Parliament first had or signified by ordinance to that purpose I think wee shall not trouble your Lordship much with that for if that be as our copie is it is true it is not well laid but if it be never so well laid I conceive as I am informed there is nothing of that endeavoured to be proved Att. Gen. That we leave to the Court Mr. Hales Mr. Hales Then the next is that to accomplish the said traiterous and wicked designe Christopher Love did at severall dayes in the yeers aforesaid traiterously and wickedly advise the Scots Our exception to that is this There is a treasonable assistance charged in some of the yeers that were before the making of the Act that did prohibit it At. Gen. And afterwards too M. Hales Mr. Hales It layes it in some of the yeers before the making of the Act and that is sufficient to invalidate this Charge The Clerk And further to carry on and accomplish the said traiterous and wicked practice and designe he the said Christopher Love severall dayes and times in the respective yeers aforesaid at London and divers other places within this Commonwealth of England and elsewhere as aforesaid together with the said William Drake Henry Jermin and others their complices aforesaid did traiterously and maliciously invite aid and assist the Scots being forreigners and strangers to invade this Commonwealth of England and hath adhered to the forces raised by the enemies of the Parliament and Commonwealth aforesaid and Keepers of the Liberties of England as aforesaid At. Gen. You will finde this in a Statute before this Mr. Hales Not before the 17 of July 1649. and then your Charge is repugnant you charge us for an offence which is precedent to the statute At. Gen. For that you go and take them and pick them but we lay them all together theâ—e were Treasons he committed in 1648. and that which I pitch upon still is this that Mr. Hales thought was waved that this man did not promote the interest of Charles Stewart late King or that he had not endeavoured a subversion of this Government I lay that against this Act made in 1648. then by consequence to maintain that he did it to promote his interest and to subvert the Government and there was a law in 1648 that did inhibit that there is a law inhibits the calling in of strangers and it follows by that that he who calls in strangers may promote the interest of Charles Stewart too and that foundation is to this purpose that he did promote him to have been King of England and you know what he express'd to you what tenderness of conscience he had to take care that he might not go elsewhere Mr. Hales If it be so then we must desire That part of the charge may be read