errand here was to reconcile both parties the Royal and Presbyterian party and to make them both subservient to do his work My Lord he treated with the Countesse of Carlisle William Drake and divers others citizens of London and this was with the privity of the Ministers My Lord he had commission from the King to assure these conspirators that if they could procure the Scots to send more moderate propositions then they had formerly sent for the treaty was broken off before the propositions were then immoderate that they should be satisfied Thereupon they were so confident of themselves and so bold and in this Master Love had a principal hand that without any more ado he frames a Letter to Scotland to advise them and to perswade them by all means to send more moderate propositions The Scots return them this answer That they saw no cause to send more moderate propositions but they desiring a good successe of the Treaty they should send before hand to the King to prepare and move him to comply with the propositions when they came Thereupon they were as ready whereas they sent with the one hand to the Scots so with the other hand to the King They framed a Letter to the King and I will expresse it in their own language this was the substance of their Letter First they let the Prince know that there was a considerable party in England sensible of their sufferings there they made themselves so considerable and by and by you shall see what became of that First the Kind did understand them to be so considerable Secondly they were bound in conscience and loyalty to the utmost to help him to his just rights if he were once ingaged with them by taking the Covenant c. and prosecuting the ends of it Thirdly that there was no way to do this but by closing with his subjects of Scotland Fourthly that being done all the Presbyterians were bound to assist him And this which they did must be sent away before commissioners come to prepare the King to give them good entertainments With this Letter there was a Letter sent to the late Queen to desire her by all means to work the King to a compliance with the Scots And there was a Letter sent to my Lord Piercy and Jermin to that purpose taking notice that the Queen my Lord Piercy and Jermin were their very good friends and ready for this conjunction whereof they took special notice and did approve of it as a thing very acceptable and which should be remembred in due time My Lord this Letter was sent and afterwards Mason he brings the Answer from the King and Queen and Piercy all agreeing to work this that the Scots if they came with propositions should be complied withal But Piercy and Jermin writ further and did advise them to the intent the King might not fall back again that they would send a meet person to be present about the King when the commissioners came that so he might see faire play And thereupon Titus was sent away to be an agent there for them at this Treaty and this Treaty was at Jersey but this Treaty took not effect as was desired Whereupon they resolved upon another treaty at Bredah but at the treaty at Bredah the King advised in his Letter which I shall reade in the later end of the Letter that they would send commissioners then to treat with him My Lord the Letter was written by the King back again to the Ministers First the King in the Letter took notice of the Ministers non-compliance with the present power and of their loyalty and good affection to him and that if God restored him he would requite them Secondly he promised all satisfaction to the Scots Thirdly made large promises of high favours particularly to the Ministers Fourthly wisht them to send commissioners sufficiently instructed to treat at Bredah Now my Lord in the Diary that came along with this for there was a Diary of all Titus his Negotiations in that Diary it did appear that the King was very much satisfied with the correspondents application to him and that that should be a main argument to him to satisfie the Scots So my Lord if they had not thus moderated and perswaded the King that they were a very considerable party he would never in all probability have closed with the Scots but have thought them very inconsiderable But when he was informed that if he closed with the Scots he should have a considerable party in England that made him think the Scots were worth the closing with My Lord Titus in his Negotiation at Jersey did assure the King that the Ministers were averse to the present Government both in pulpit and in print and that they were well-affected to serve him and the Nation and that the Nation was ready to espouse his quarrel if he did joyne with the Scots This he did assure him in the behalf of the Ministers And to shew how they did own this they did like this assurance so well that they sent him another Letter and they did likewise send him a Letter of thanks for his good service he had done in possessing the King how considerable they were My Lord after this businesse of Jersey when Titus had done his good service there he was coming home to make his relation but heaâ—ing by the way that the Councel of State had intercepted some Letters he durst not come farther then Calice and from thence he sends a Letter to let them know all this and withal that he had something to communicate to these conspirators that was not fit to be communicated by Letter and therefore desired that some meet person might be sent to Calice Thereupon this Letter being read in Mr. Loves study so secretly was it carried there it was agreed that Major Alford should be the man that should go to Titus and should receive all this account from him Whereupon Alford he went away to Titus presently and there he did speak to him and Titus did acquaint him with all these proceedings and withall they did advise that a Commission should be sent in the later part of the Letter So that now they had no more to do but since their hopes failed them at Jersey to have an eye to the Treaty at Bredah where they desired to send Commissioners My Lord this letter to be presented at Bredah was managed at Mr. Loves house Col. Massey Col. Graves Titus c. These were the parties There were Letters sent to them to act accordingly and Titus sent letters to the King and Queen and Piercy And again my Lord for the Commission it was as transcendent a boldnesse as ever was done by private men and the Commission was corrected by Mr. Love for it was rough drawn by William Drake which was the English Agent here But Mr. Love in his study and Doctor Drake did help to correct it The substance of the Commission was this We the
Presbyterian party in England do authorize you Francis Lord Willoughby of Pariham Edward Mâ—ssey James Bunce Richard Graves and Sylas Titus to treat on our behalf and the rest of our Brethren the Presbyterians of England with the King and to assist our brethren the Scots Commissioners in their treaty with the King and to do according to the Instructions annexed My Lord here be the heads of the Instructions That the Commissioners should use all arguments they could to move the King to give the Scots satisfaction and to take the Covenant and particularly to inform him of the condition of affairs and how things stood in England at that time all which then cried out for an agreement with the Scots giving them full power of all things and what should be concluded by them the commissioners should be confirmed by the confederates I think my Lord here was a very large commission whatsoever they thought fit they were willing to comply with and make good My Lord at Mr. Loves house at the same time it was moved according to a letter from my Lord Piercy to William Drake that a good sum of money might be sent to the King as a great means to dispose the King to an agreement with the Scots but they did not think fit to be cozened of their money but if this conjunction did follow then to raise money considerably And they went on so far as to debate how to raise this great sum of money for this pious work as you shall hear by and by under what notion when propounded Those men agreed that the best way was that the Ministers should have several correspondents and that they should propound the lending of 10 20 30 40 or 50 pounds for a charitable use but you must not ask what this charitable use is for And this charitable use what would it have been if God had not blest the battle at Dunbar we should have seen it My Lord a little before the battel at Dunbar when they had a letter from Massey or Bailey or somebody they then began to understand their brethren better then before for he did informe them that notwithstanding what was pretended yet for all that there was no English imployed nor was the King crowned This did disturb the minds of the conspirators very much insomuch that they did expostulate with a large letter written by Mr. Love and Dr. Drake written in a table-book in sack and sent there they did expostulate with them because the Presbyterian party which was the over-ruling party were growne so confident of carrying all before them that they did neither crown the King nor minde the English They did blame them for this seeing this going upon a single interest and upon one party alone which they did call godly would not do well And my Lord it proved so indeed they carried it on upon this till the battel at Dunbar came and then they began to be of another minde After that battel there was a letter from the commissioners of Estates pressing for Arms and Ammunition and letters from Massey and Titus for money to be sent My Lord these good natured men notwithstanding they had been so handsomly dealt withal when their brethren were in power yet for all that so fierce and eager were they to carry on this great designe which God knows what it would have come to they notwithstanding upon Mr. Loves proposition for he was the man who did propound it agreed to send 500 pounds presently to Massey My Lord this money was raised and subscriptions taken by Mr. Love himself at his own table And this is proved by one who brought his ten pounds he brought it to Mr. Love and would trust no body else with it and this was sent away presently by captain Massey My Lord there was a large letter sent also with the money wherein was good counsel for besides the money he did write to advise his brethren that it would be notable service to indeavour after union The letter was sent and that large letter inviting to union had been delivered to the Assembly and that would help to quash the dissenting party in Scotland who had made the King a prisoner But now the State and Church were all agreed and this was the fruit of Mr. Loves letter And if they had not been so united they could have done no harm this letter came so seasonably that they conceived it very considerable They pressing to union very much by this means did quash the dissenting brethren and by that means they came to be as now they are My Lord about Christmas last there came a letter from Massey which gave an account of crowning their King and of great preparations to take the field and that the correspondents here should beware of unseasonable rising and that they were most affraid that these persons would rise too soon and so spoile all My Lord in answer to this letter they write back again to Massey to advise him on the other side to take heed that he came not into England but well provided and not to depend much upon the assistance here in England they were affraid he was too weak as he was affraid they were too forward My Lord after Cook was apprehended then the correspondents met no more at publick meetings and yet they received letters from Drake Massey Bunce and the rest whereof Mr. Love was still made acquainted as a principal man that told them of the hopeful condition of the Scots Army that they intended to engage in England advising the party here not to be too forward This was the second advice and see the reason of it for if Mr. Love sate at the helm as he did all the meetings being at his house after Drake went away he still stating the question drew these letters and corrected them And if he were such a main stickler truly there was very great reason for his advice My Lord about the middle of March last Col. Bamfields man brings an answer to the message in the table-book written in sack containing foure or five sheets of paper Upon this packet there was nothing written but the letter L. to deliver to one of the conspirators and seeing nothing but the letter L. written he carried it to Mr. Love and Mr. Love did own it as sent to him and that was the large Narrative of the state of affairs in Scotland after the fight at Dunbar how things stood there My Lord with this Narrative was sent also a letter from Mr. Bailey by order from the general Assembly they did order Mr. Bailey which was the Scotch correspondent there to write a large letter and there was another letter from my Lords of Argile Lowden and Lothian c. it is worth your observing what this letter was that came from these men First thanks for the good affections of Mr. Love and the rest of the conspirators Secondly incouragement to persevere and to credit Bamfields negotiation for money
Thirdly promised to repay all whatever they should lend But when and by whom this payment should be made the letter will tell you and that is when God shall blesse their endeavours in procuring a free Parliament in England So the Parliament in England must pay all the Scots debts that these conspirators shall lend Truly I thinke it will be a very free Parliament indeed when it comes so free out of the peoples purses My Lord Mr. Love and others gave Bamfields man that brought this Narrative out of their own purses ten pounds and sent a bill of exchange of 30. pounds to Bamfield by one witnesse it will be expresly proved that ten pounds of this money came out of Mr. Loves purse My Lord William Drakes last letter did informe that Massey would break into England as soon as there was grasse for his horses and therefore he sent to have a good bank of money provided in readinesse and that they should think of timing a party and that they should neither rise too soon nor too late but just when Massey came in this Mr. Love told Major Adams My Lord now we come so near to the time as that one of these conspirators is apprehended by the Councel of State When he had been in restraint three daies he sent to Mr. Love and Mr. Love came to him but he had been at a kinde of a Fast for they did keep Fasts once a fortnight at least and Prayers for the good success of this design That God would bless this wonderful Treason which was for the making by the Scots Army an utter subversion of this Commonwealth and the free and noble and magnanimous people of England should be made vassals and contributaries to the Scots Nation This was the design and for this design the Ministers fasted and prayed But it is plain God did abhor such things And my Lord Master Love took upon him to speak to the person under restraint Take heed saith he what you do least you wrong your self or others and said It is true Titus his man hath broken up Papers but we are all well enough but give notice to the rest of the Confederates That they may not be surprised but be you not troubled because we have prayed for you this day And they implored the God of Truth that nothing of all this should come to light but that we should be in the dark still in generals My Lord This is the true state of the evidence as near as I can present it with a frail memory And my Lord I have opened nothing but generals your Lordship and the Court will judge of it and Master Love will have the less to do to answer But it appears by this That there hath been such a practice such a series of Treason Treason upon Treason that one Act of Parliament is not enough to contain it but all those Acts of Parliament read every one of them make him a Traytor And my Lord I am sorry I have taken up so much of your time especially when you have spent so much time before If your Lordship therefore will be pleased to have the patience to hear the Witnesses we shall prove more then I have yet opened At. Gen. My Lord This was an early Treason that began betimes to crush the Commonwealth in its infancy And my Lord Master Love being singled out for justice you will anone observe there was singular cause for it and if he had had his desert it had been long before now But States can play sometimes with Treasons and not take a time tell they see fit My Lord This Treason as I have opened it to you began in the year 1648. The King of Scots so called but take notice That the same Nation and Persons that proclaimed him King of Scotland proclaimed him King of England also at the same time in the same Nation and those persons that proclaimed this person King of Scotland the same proclaimed him King of England My Lord You have heard some of the Conspirators named Titus and Drake active men both of them These men have been so ingenuous That they have fled for their Treasons notwithstanding this Gentleman a Minister of the Gospel he doth not do so they have confest their offences and are fled for them they dare not appear they have so much guilt within them that prompts them to keep away but this Gentleman hath not so much My Lord Drake was so active and it was carried on with so much secresie and so much as they thought of Caution That Master Drake writing as that Gentleman next Mr. Love doth in short hand he burnt his Papers and burnt all where any thing was to be seen so that no originals are to be seen My Lord in this case it hath been opened to you what transactions Mr. Love had with Scotland and you have been pleased to observe it was a tender point that Mr. Love did enter discourse with the Scotch Nation Mr. Love was very much troubled at it and he may see just cause to be troubled at it And will you give me leave there hath been Blood and Treasure spent as was told you by Mr. Solicitor I am afraid I might too justly say by that Gentleman and those he did seduce That they have been too much the cause of this Blood even that Gentleman that stands at the Bar that should be a man of peace and not of blood My Lord I may justly say That that Gentleman hath been too much the cause of these late Engagements between these two Nations and making himself a party and it is a sad thing when parties appear against a State My Lord I am too much afraid what ever God pleases to work upon him That it should touch his Conscience that he should be instrumental in such a work But I verily believe had there not bin actings from hence there had not bin so much forwardness in the Kings party to the Scots My Lord I will minde that Gentleman of what is said of the fifth of November I am sorry for it that it should be said of our Ministers whose Faith is Faction Whose Religion is Rebellion it is said so of the Romish Ministers I hope it will not be said so of the English That their Faith is Faction and that they pray for strife and fast for strife My Lord For these men Drake and Titus they are gone as I said and they did confess themselves so much guilty as that they have fled for it and Mr. Love doth know I am sorry to see him in that gesture that he was conversant with them all and doth know I believe that we can prove it and when he hears the men named he will say so too Truly my Lord I have nothing to say against the person of the man but against his vices and faults and nothing to his Function and nothing to those whom he pretends so boldly to represent that is the Presbyterian party
before your Lordship of High Treason which impeachment hath been read before your Lordship and the Court My Lord by that he stands charged with High Treason with severall offences of High treason That he in the years 1648 1649 1650 and 1651 with William Drake Henery Jermin Henry Piercy John Gibbons Edward Massey Sylas Titus and others his Accomplices did Traiterously Wickedly and Maliciously Confederate Plot and Endeavour to stir up a New and Bloody War in this Nation and to subvert the Government now established without a King and House of Lords My Lord That in the same years since the death of the late King he did with other his accomplices endeavour to promote Charls Stewart to be King of England contrary to an Act of Parliament before that time made in this Nation My Lord That in the same years he and his accomplices did Traiterously and Maliciously aid and assist the Nation of Scotland to the end that they might invade this Common-wealth and hath adhered to the forces raised by the enemies of this Common-wealth My Lord That in the same time between the month of March and the first of June this present month he hath Troiterously and Maliciously held and maintained correspondency and intelligence by Letters Messages Instructions and otherwise with the enemies of this Common-wealth and to the prejudice of this Nation And in particular with Charls Stewart and the late Queen his Mother and with Jermin and Piercy and other persons of Councel abiding with Charls Steward My Lord That he hath likewise held correspondency and Intelligence with the Scottish Nation prejudiciall to this Common-wealth and to the end they might invade and bring a Bloody Warr upon this Nation My Lord These Treasons and Traiterous and Wicked Practices of the Prisoner at the Bar were and are to the apparent hazard of the publick Peace of this Common-Wealth and Free-State and the Parliament and People of England and in contempt and violation of the Lawes of the Land and contrary to severall Acts of Parliament in such Cases made and provided My Lord There hath been severall Witnesses and Proofs of these particular Charges against the Prisoner And my Lord I do conceive that there hath been such proof made that in your Lordships judgment he will appear to be guilty of all these particular actings But my Lord I will not enter upon the proof only make a Summary Relation of the beginning and continuance of this Plot and designe My Lord This Plot did begin very suddenly after it pleased God to take away the chief enemy of this Nation The King died in January 1648 and this Plot began in February the very next month following And in the same month my Lord the Scots Nation did proclaim Charls Stewart King of Scotland and they did not stop there but proclaimed him likewise King of England and then my Lord this Plot began here for in the month of February the next month after the King dyed the meeting was at the Swan at Dow-gate where were severall of the Correspondents at that time as Drake Huntington Titus and others and the end of that meeting was to contrive a way that they might agree the King and the Scotish Nation that was the end of their meeting at that time My Lord Within a few dayes after that they met again all these severall persons at the White-Hart in Bread-street and to the same purpose and at length it was resolved to make their addresses to the Queen and to Piercy and Jermin first it was the King himself for a complyance between the King and the Scots letters were sent accordingly and severall meetings and severall returns of messages were had of them My Lord at length it was resolved that they should send Messengers to the King at Jersey and agreed upon one Titus and they raised money and gave it to Titus to undertake the journey My Lord Titus accordingly went in the month of May One thousand six hundred forty nine and returned in August following After he had done his negotiation there he returned to Calice but being afraid that this wicked plot was discovered by reason of letters that were intercepted he durst not come into England but sent letters to desire some correspondents might be sent to Calice My Lord all this time I do not finde that the proof discovers the prisoner at the Bar to be any actor or present at any meeting hitherto But when these letters came from Titus then the letters were brought to Mr. Loves house which is the first time I finde him by proof to be present The letters were read in his house and in his Studie as some of the witnesses say that there were present and it was then agreed my Lord that Alford should go to Calice to Titus My Lord accordingly he went and there Titus did communicate unto him the Affairs that pass'd at Jersey Within four or five dayes after Alford returns again and where should the meeting be but at Mr. Loves house again where Mr. Love and divers of the accomplices were in his house a letter from the King was read the Dyary the Narrative from Titus likewise was read there and there was the consultation wat should be done and what further course they should take to joyn the King and the Scots together My Lord afterward they did agree that there should be some sent to treat with the King at Breda The Instructions were drawn in Mr. Loves house I think one witnesse sayes so and Mr. Love present money was raised and Mr. Love himself did speak to one of the witnesses to raise money which was Far Far accordingly did bring in five pounds and laid it down upon Mr. Loves Table Mr. Love being present then in the room My Lord I shall not trouble you with the relation of more particulars But my Lord I conceive that Mr. Love doth upon these proofs stand guiltie of endeavouring to promote the King to be King of England For my Lord what should be the end of uniting the King and the Scots together after that the Scots had proclaimed Charls Stewart King of England but that they might come in a warlike manner to invade this Nation and to set up his Authority as King among us My Lord I conceive I shall submit to your Lordships judgment that he is guilty of Intelligence from a profess'd Enemy The intelligence is my Lord that divers letters were sent and these letters were read in his presence as himself doth confesse he was at the reading of divers letters and yet did not consent to them and thereupon makes it as it were but misprision of Treason My Lord I conceive that this is apparently Treason For if letters were sent to one person and did occasionally come into another mans hand and he conceale them being not sent to him There peradventure it is but misprision of Treason But when there are sent to these particular persons letters from the King and Scots
1648. that doth declare and upon that Law I shall fetch the foundation and rise of this Treason that whoever shall proclaim declare publish or any way promote Ch. Stewart or any other person to be King or chief Magistrate of England or Ireland without consent in Parliament shall be adjudged a Traytor and shall suffer pains of death as a Traytor Here was this Law publish'd and notice given what every man should trust to and I may say my Lord Obedience expected Against this Law hath M. Love transgressed and under favour in a very high measure so that my Lord I charge him upon this Law and since this Law was made and to this Law there is no limitation of time for men to be questioned for it and for this Law it is in express terms given in Commission to this Court to take cognizance of it so that I think this is a little clear to him My Lord the next is a Law published in July 1649 that is entituled An Act declaring what offences shall be Treason that I think he is not ignorant of though he pretended to be ignorant of another My Lord that Law likewise though it was before this Court was erected yet this Court hath by express words of the Commission power to take cognizance of it and this Court in these things is not like other Judicatories that when offences are committed the State takes care to appoint Courts and Judges to judge those offences let it be no offence to M. Love if this Court were erected especially to try him but the Law was not made especially to punish him for the Law was made before and the offence committed before and so I think in all England the offences are committed before the Judges go their Circuits and have their Commissions My Lord the next is the Law that constitutes this Court and sayes in what particulars this Court hath power to take notice of offences besides those mentioned before and the last concerning the Scots that was but lately which Mr. Love sayes he was ignorant of but he was not ignorant to doe somewhat against it My Lord these are for the lawes that Mr. Love is impeach't upon The next thing that I have to doe is and in that I humbly beg your favour That as I am now to doe Justice if I may so say to the Court and to bee faithfull to my Trust and the Duty imposed upon mee to repeat the evidence right unto you and in that as the Gentleman the Prisoner at the Barre hath had that favour from you to have a Notary by him to take all that was said of all parties so my lord by your favour wee have had some here to help our memories with whom I have conferred and by the help of their Notes and our memories my lord wee thinke wee have faithfully transcribed that which was said by the Witnesses And my lord I humbly crave favour as not now being a private examination to be read but a publike testimony in the presence of Mr. Love himself and the Court I hope it is not private now but I may use notes to do him right and may read those things that they testified upon their oath here In the first place my lord I shall according to my best judgement do him no wrong For the first I shall acknowledge it was but a heare-say and that from Drake of letters sent from Scotland to the Presbyterian party in England to let them know what had been done of proclaming the King there and that care should bee taken for their Interest This I doe acknowledge was but a heare-say but that which followed not long after that time my lord was positive and there my lord I shall begin the rise of this and thus as hath been observed by my fellowes that are Counsell here though there was not acting nor presence nor knowing yet my lord under a second it will appeare hee was consenting and approving and so guilty of the first fact My lord there was a meeting at Dowgate I suppose you remember it full well it hath been severall times repeated to you by severall persons and Titus the party now beyond the Seas and Drake and other Traytors fled were prime sticklers for this and moved others to come in and to bee there present and heare what was the designe As J did crave your Lordships favour so I shall that I may not as hee sayes trust to fickle nor roveing memory that I may bee faithfull to read to you that I have taken and what was said by them I suppose Mr. Love hath by him one that can controle me if I doe not right I begin with this meeting at Dowgate and continued at the White-Hart in Breadstreet Alford gave you this evidence That one morning hee was wished by Drake to goe to the Swan at Dowgate when hee came there there was one Titus who gave relation of the good disposition of the Prince and how inclineable hee was to take the Covenant and to cast off the Cavaliering party and those about him if there were opportunity found how to make him know there was a considerable partie in England that would sticke close to the ends of the Covenant and upon that wee that were there did thinke wee were bound in duty in relation to the Covenant to press the Prince to take it and to prosecute the ends of it And for that Titus said if wee would appoint another meeting hee would draw up something in way of Application of the Presbyterian party to that purpose Wee afterwards met at the Beare in Breadstreet and there hee drew fourth something hee had framed to that purpose and read it and it was agreed upon to bee sent over to the Prince the substance of it was to presse the Prince to apply himselfe to take the Covenant and to prosecute the ends of it and to cast off all the Cavaliers and that party about him which had brought so much mischiefe to his Father and would doe likewise to him And this I believe was sent over for Titus undertooke to send it over Wee asked him how the Prince could bee made to believe that this coming from so inconsiderable a party as wee were should come under the notion of the Presbyterian party of England hee said hee would undertake it by meanes of my Lord Piercie And my lord I think you doe remember there was one Mason servant of Piercy that was sent over hither so testified by some to reconcile the Royall and Presbyterian party This Mason my lord was Piercies Servant so testified here by divers My lord here is now the foundation Drake is he that moves Alford and Titus I may suppose the mover of Drake and both of them fled at Traytors My Lord If they were Traitours and this is Treason then whoever had a hand in carrying on this Design himselfe is a Traitor and his Action is Treason My Lord this is the Testimony of Alford My
one sent to him and there it was propounded for some to be sent Adams was propounded for him to go Farr propounded for him to go but not them but Alford was agreed to go and did accept of it but not that he was there my Lord. My Lord for this I shall crave the same favour from you to read Adams and Farr as to that particular This is Major Adams It was moved in M. Loves house M. Love being there present that I should go to Calice to meet Titus but Alford going thither did at his return give an account of the state of things at M. Loves house My Lord that I read him for is for that part that it was moved in M. Loves chamber M. Love being then present that I should go to Calice to meet Titus it was moved that Adams should go my Lord this I read to show M Love was privie to this before the Messenger was sent My Lord the next is Capt. Ralph Farr I was in M. Loves house in his Study wherein in M. Loves Study a letter was read from Titus desiring one might be sent to him to Calice and thereupon it was moved that I should go but afterwards it was agreed that Alford should go who went accordingly That is now as to that particular that before any man was sent unto Calice it was made known in M. Loves house and some propounded for to go and at last another did goe this my Lord I offer to you as that which will not be controverted by M. Love for I have read you two Witnesses to it The next my Lord is in which I think we doe not differ but that when Alford had been at Calice and had taken the account that Titus gave him the copy of the letter which he said was from the King to the Presbyterian party here the Narrative of all the Transactions and Proceedings at Jersey that upon his return I think we do not differ nor is it denied I am sure M. Love acknowledged it in his last Defence because proved by four therefore confessed my Lord that this Narrative the copy of this letter was read in his house and for that I have the testimony of Adams Alford Jaquel and Farr which if it be your pleasure I shall humbly read unto you The first is Major John Alford Having received at Calice a Narrative in writing of Titus his transactions in Jersey I brought the same to Drake to whom it was directed Now it appears to whom the direction was and he brought it to M. Loves house where it was read afterwards there was a Commission so called but my Lord if you please that is for this in the first place That this Narrative brought from Titus by Alford was read at M. Loves house The next is Adams But Alford going to Calice did at his return give an account of the state of things at M. Loves house which account was the Narrative from Titus and the copy of the letter said to be the Kings letter The Contents whereof I remember was as followeth The King expressed a great deal of affection to the Ministry in generall in England and promised them great favours when he was in a condition and desired them to continue stedfast in the way they were in which letter was read and publish'd in M. Loves Study and M. Love was there sometimes of the reading at the same time a motion was made of giving thanks to Titus for his well managing affairs there and at the same time the Commission and Instructions were So that here is another testimony that this was done at Mr. Loves house the Narrative sayes this Gentleman and the copy of the Kings letter My Lord the next I shall read unto you is Mr. John Jaquel After Alfords coming home I was at Mr. Loves house where was Potter Drake and Alford and Mr. Love was there some times though diâ—ers times some body came to speak with him and called him and he went to speak with them A Narrative from Titus was there read by Alford or Drake wherein was declared the Kings inclination to make peace with the Scots but his wicked Councel hindred him I think it was a Narrative of what had pass'd between the King and Titus at Jersey This is that that Jaquel sayes The next my lord iâ— Far Alford being returned he gave account of his imployment at Mr. Loves house A copie of a letter was there read from the King to the Presbyterian party in England the substance was to send Commissioners to the Treaty at Breda The Narrative brought from Titus was communicated at Mr. Loves house where were present ten or twelve persons So my lord you have heard these four witnesses what they have said concerning this Now you shall give me leave to make application of this to the former I shall crave you favour to go thorow this There follows more at Mr. Loves house this is not ended yet My lord after this there was somewhat propounded to be done upon this Narrative and a letter from the King somewhat was propounded at this meeting My lord then there was as I know the Court remembers speech of a Commission that was somewhat controverted There was speech of a Commission and a Commission read Mr. Love ingenuously acknowledgeth and it was proved and he declared his dissenting from it and that he was against it because as private persons they had no power to do any such thing But my lord that there was a Commission read there brought by Drake I do not say that this proves that Mr. Love corrected it That there were Instructions and letters read for to be sent over I think is not denyed but my lord for that if you please I shall read you the witnesse The first is Alford Afterwards there was a Commission so called agreed among us sent over to the lord Willoughby of Parham Massey Graves and Titus at Bâ—eda to advise with the Scots Commissioners there in behalf of the Presbyterian party in England This Commission was read in Mr. Loves Studie and at the same time Instructions for the Commissioners to walk by were agreed on to be sent which Commission and Instructions were the substance of the Petition formerly sent to presse the King to take the Covenant and to prosecute the ends of it This Petition was I conceive what was formerly agreed upon at Dow-gate which Commission and Instructions one Mason the lord Piercy's man carried over This is Alfords testimonie as to this And being ask'd by Mr. Love Did not I dissent from sending the Commission and Instructions he sayes this It was agreed in the generall that the Commission and Instructions should be sent Mr. Love being then present All present are Principles my lord My lord in the next place is Major Huntington's testimony and the first is this That at Mr. Loves house in the beginning of March 1649 I found Drake and others and there was read a paper in the nature
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
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
and he gave me encouragement onely as a friend and Minister of the Gospel ought to do At. Gen. What was that C. Pot. He wisht me to make a Christian use of my afflictions and gave me some other instructions we had an hours discourse and it was all to this purpose he wisht me to make a Christian use of my restraint and to labour to get Christian Wisdome and fortitude L. Pres What did he say more to you C. Pot. My Lord no more past between us and J gave him an account of what questions J was examined upon in Cooks businesse L. Pres Did you give him an account C. Pot. J have said so and he did advise me to prudence and fortitude and courage At Gen. Did he not advise you to be couragious and that unlesse you discover one another you were safe enough C. Pot. My Lord my keeper was with me and we had no such discourse At. Gen. Did he not wish you to be silent C. Pot. Either then or since he did tel me there was a letter came from M. Drake that told him Titus his man had taken some letters from Titus but he could not conceive how it could concern me Att. Gen. But did he discover nothing and wish you to be prudent for your selfe and them C. Pot. He did not then Att. Gen. VVhen then C. Pot. I saw him not since and he told me of Bamfields man Att. Gen. How came it about Mr. Love spake with you C. Pot. I did prevail with my keeper to go with me to dinner and to take a glasse of wine and then I provided for Mr. Loves coming to me Att. Gen. What hath Mistresse Love said unto you C. Pot. I saw her ever and anon Att. Gen. What hath she said to you C. Pot. She hath wish'd me with tears to have a care of her husband and not to discover any thing I think she hath Att. Gen. Did not Mr. Love say then that he had been at a fast where you were remembred C. Pot. He did so Att. Gen. My Lord I confesse I was with this man in the Tower as I am bound to do by my place to examine him he had made his examination before I came thither and I brought it with me My Lord I did ask him questions he did answer me upon knowledge he did confesse the truth but told them Mr. Atturney Generall was pleased to help him to particulars and bring them to his remembrance C. Pot. I professe if it had been to save my life I could not affirm them but you putting me in mind of it I did know of it Att. Gen. At the Committee of Examinations then he had more particulars told him and he did confesse he did know them all and he may give you an account whether he did not give an account under his own hand My Lord I am not abused but the Councel of State and the Parliament are abused and if this man should do this wrong to Mr. Love and informe the Court and Councel and the man be brought upon his life because he hath affirmed it and that severall times before severall Committees This man must not scape unpunish'd if for no other fault but this to accuse a man before Authority and when he comes to his oath to deny every word of it Captain Fisher will witnesse that he did bring all under his own hand and upon my credit he did speak as fully as we did open and much more fully and I answered upon here-say how do you know it and he said he did know it he did remember it and he did put it down positively and that when Mr. Drake went away all the meetings were at Mr. Loves house and Mr. Love did still declare the occasion of the meetings and the letters were opened by him and the discourse upon them and every word he said upon his own knowledg C. Pot. I do confesse again that before Captain Fisher and Mr. Atturney did prompt me Att. Gen. Prompt you Sir C. Pot. Before he did remember me of them I had forgot them as if I had never heard them but it is one thing to remember a thing as I have heard and as J conceive to be true and another thing to swear to it positively and the paper allowed me this latitude some of it I have heard the rest J believe and some J know and upon this account J believe it is all true Att. Gen. My Lord 'T is possible J might wish him to expresse what he did know himselfe and what he did know by relation of others and so did set it down and he did it fully and clearly and after all this brought it in again written with his own hand to the Councell of State Att. Gen. My Lord if you please Captain Fisher may go for the Originall under his own hands Clerk The Originall cannot be â—ound Mr. Love Here is nothing at all that concerns me about the businesse of Titus in Jersie and about the letter from Titus and the copie of the letter from the King he tels you he doth not know it was in my â—ouse he tels you it was but a copie not the Originall Captain Potâ—er withdraws Major Alford called into the Court and takes his oath Att. Gen. My Lord let him declare what he knows either by himselfe or others and of his imployment at Calice make the whole Narrative as much as you can remember Major Alford My Lord J was one morning wish'd to go with William Drake to the Swan at Dowgate heating there was a Gentleman lately come from the Prince where J should hear all the news from beyond the Seas when J came there it was one Captain Titus one whom J had never seen before and he gave a relation of the good disposition of the Prince and how inclinable he was to take the covenant and to cast off the cavaliering party and those about him if theâ—e were an opportunity to make it known that there was a considerable party in England that would stick close to the ends of the covenant Upon that Sir my selfe and some others that were there did think we were bound in duty and in relation to the Covenant to presse the ends of the Covenant for the Prince to take it and to prosecute the ends of it And for that Captain Titus said if we would appoint another meeting he would draw up something by way of attestation or petition to the Prince to that purpose My Lord we did meet at the Bear in Breadstreet and there he did draw forth something that he had framed to that purpose and he read it and afterwards not at that time it was agreed upon to be sent over to the Prince The substance of it was to presse the Prince to apply himself to take the covenant and to prosecute the ends of it and to cast off all his cavaliering party about him which had brought so much mischief to his father and would do
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
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 puâ—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
letters sent by him Mr. Adams Mason I do know and I do know he did receive letters L. Pres From whom M. Adams He said from my Lord Piercy Att. Gen. To whom were those letters communicated here M. Adams They were communicated to M. Drake and by M. Drake to my selfe and M. Alford and C. Potter and C. Far. Att. Gen. VVas M. Love privie to it M. Adams I cannot say that my Lord. Att. Gen. VVere there not letters sent to Scotland to them and back again hither about sending moderate propositions to the King M. Adams There was such letters L. Pres VVho writ them Mr. Adams That I cannot tell L. Pres Had Mr. Love a hand in them M Adams I cannot say he had I cannot prove a negative I cannot say he had not Att. Gen. What know you of the petition sent to the King M. Adams I know nothing of it only I was told of it L. Pres Who told you of it M. Adams I cannot my Lord fix it upon any particular man but I believe I was told of it by Alford or Far or Bains for I was not there at that time L. Pres What do you know about the meeting at the Swan at Dowgate Mr. Adams My Lord I was not there At. Gen. Then my Lord he may tell you what he doth know Mr. Adams My Lord upon our meeting in some place or other I cannot tell where I cannot tell the time nor the place but either at the Swan in Fish-street or at the Swan at Dowgate or in Cateaten street in one of these three places I cannot punctually remember Att. Gen. Who was at that meeting Mr. Adams Mr. William Drake Captain Titus Major Alford Captain Far Captain Potter and my selfe and I do not know how many more or whether any more or no. L. Pres What past there Mr. Adams It was there agreed that Captain Titus should go over to Jersy Att. Gen. What was he imployed about Mr. Adams The end of his going was to endeavour to work an agreement between the King and Scots according to the Covenant That was the end that was propounded And in order to his going wee did agree to furnish him with money for the present and made some kind of promise to maintaine him while he was out Att. Gen. What money was he furnished with Mr. Adams I cannot be punctuall in that but about a hundred pounds Att. Gen. Who should pay it Mr. Adams I paid twenty pounds of it but I cannot tell who paid the rest Att. Gen. To whom did you pay it Adams To Mr. Drake Att. Gen. My Lord Ask him whether when this was sent to Jersy was there not a return made L. Pres Well go on There was your twenty pounds gone Mr. Adams This is the substance of what I can say of his going Att. Gen. Was this twenty pounds that you laid out of your owne or did you collect it of some of the rest or did you gather any of it again Mr. Adams I cannot say that I did L. Pres Did you not Mr. Adams My Lord I tell you the truth I doe not know whether I did or no for I remember it was determined that we should gather it at that meeting At. Gen. Did not Mr. Love know of the collection Mr. Adams I cannot say he did it may be he might but I dare not say upon my oath that he knew of it Att. Gen. Ask him what return Titus made what answer and what account he gave Mr. Adams M. Alford went to Calice to meet Titus and Titus did send word that the Councell of State heard of his being there and thereupon desired that some body might be sent over to him for he had something to communicate which he could not well do by writing and thereupon Mr. Alford was sent Att. Gen. My Lord Ask him where the letter was read Mr. Adams The letter that Titus sent was read by Mr. William Drake Att. Gen. Where Mr. Adams At his house as I think for I cannot certainly remember I did not say upon my Examination that it was read any where Att. Gen. Whether were not you moved to go Mr. Adams There was some motion to that end L. Pres VVho moved it and where Mr. Adams VVho moved it I cannot tell it was moved I think in Mr. Loves Chamber Att. Gen. Was Mr. Love there Mr. Adams He was there Att. Gen. Did Mr. Love move it Mr. Adams I cannot say he did L. Pres He will not say it Mr. Adams I cannot say it upon my oath Att. Gen. My Lord so much he saith that it was moved in Mr. Loves chamber then he may give you an account of Mr. Alfords return and where the account was given Mr. Adams The returne of Mr. Alfords account was given at Mr. Loves house L. Pres VVhat was it Mr. Adams The return he made in generall was by a Narrative and a copie of a letter from the King there was with the Narrative that which was said to be the copie of a letter from the King L. Pres What was the substance of that letter Mr. Adams The contents of the letter as I remember was first he exprest a great deal of affection to the Ministry of England in generall and promised great favour when he was in a condition to do it and desired them to continue stedfast in the way they were in Att. Gen. Was this letter published at Mr. Loves study Mr. Adams It was read L. Pres Was Mr. Love there Mr. Adams Truly to be positive that Mr. Love was there I dare not say but Mr. Love was there at that meeting either at the beginning or ending but whether the letter was read at Mr. Loves house I dare not swear the Narrative from Titus was a very long one and very well drawn I cannot give an account of it now the whole of it was after this manner To give an account to us of all the transactions that had happened since his going out of England he did give an account of his usage by the Cavalier Party that was against the Kings agreement with the Scots because there was some did incline to his agreement with them and there was another party was much against it and he gave a very large account of that after that he went on describing his disposition and condition Att. Gen. This was the substance of the rest Was there not some propositions for giving of thanks to Titus for his so wel managing his affairs there Mr. Adams There was a motion made by some body L. Pres Who made the motion Mr. Adams I cannot tell Att. Gen. Was not an hundred pounds more to be sent agreed upon there Mr. Adams I think so Att. Gen. There was more money contributed who agreed to lend any Adams Sir To that question I cannot say who propounded it but that there was money sent L. Pres Who contributed Mr. Adams I did my share L. Pres How much was that Mr. Adams As I remember ten pounds
Att. Gen. To whom did you pay it and where did you pay it Then they shewed him his Examination L. Pres Come look upon it and be well advised Adams looks upon his Examination Mr. Adams I paid it to Mr. Drake at his fathers shop in Cheap-side Att. Gen. Next about the Commission and instructions to be sent what do you know of that when this letter was read from the King and published in Mr. Loves study whether was there not a Commission agreed upon to give instructions to treat with the King at Bredah Mr. Adams There was a motion made at Mr. Loves house that there should be a commission and instructions drawn and sent the motion was made at Mr. Loves house they 〈◊〉 there spoken of L. Pres By whom who did the Dialogue run between Did Mr. Love do it Mr. Adams Truely for my part I did not then take such speciall notice that I dare at this time upon my oath deliver any thing positively against any particular man but generally all spake something as I remember Att. Gen. Was there any debate to mend the instructions Adams Truly Sir not as I remember Att. Gen. Did not Mr. Gibbons bring the rough draft of the Commission Mr. Adams Truely I think he did as I remember he did I have spoken of the Comission and instructions that were debated then and there and that many of these persons here mentioned were there but that some of them mentioned might not be there then is very likely Att. Gen. Was Mr. Love there Mr. Adams That he was there some part of this time I am very confident L. Pres Was it in his study Mr. Adams It was Att. Gen. Was there a Commission agreed upon to be sent Mr. Adams For the word agreed I cannot tell what to say to it Agreed holds forth as if a vote passed L. Pres Was there not a generall consent Mr. Adams Being upon my oath I desire to be cautious for I must be tender in speaking the truth in this case and I do not know what to make of the word agreed L. Pres Was it approved of Mr. Adams To my understanding the thing was thus that at such meetings as these we were not absolutely formall as if we had been established by a Court of Justice to act thus and that there should be prefaces and such things or such methods observed as that any man undertook to make a preface either at the beginning or conclusion but it was spoken to by many persons and by every person spoken to and in this sense it was agreed Att. Gen. Were there not instructions agreed upon and all this in M. Loves study Mr. Adams It was so L. Pres Were they not read there Mr. Adams I think they were L. Pres Who read them Mr. Adams I cannot tell who read them but they were read and I think Mr. Drake read them Att. Gen. What was the contents of the Commission Mr. Adams The contents or the substance of the Commission was to this effect This he reads out of his Examination We the Presbyterians of England do authorize you the Lord Willughby of Parham Edward Mas-Massey Richard Graves Cilas Titus and James Bunce to assist our Brethren the Scotch Commissioners in their Treaty with the King according to the instructions annexed I dare not swear it in these words but to this purpose it was The substance of the instructions were to use all the arguments they could to move the King to give the Scotch satisfaction and to take the Covenant such arguments were mentioned as the then condition of affaires best afforded particularly how things stood in England at that time which did all of them cry out for an agreement and gave them full power as to all things and what should be concluded by them should be confirmed by these here but I cannot say so but what words were were to this purpose saving this conclusion that what was concluded should be confirmed here I do not remember that Att. Gen. Was there not some debate by what warrant they should act in this Commission and instructions Adams There were some such words at the meeting L. Pres What did Mr. Love say Adams I cannot remember what Mr. Love did say or whether he said any thing or nothing at that time but that there were such words said I have said it but by whom I cannot fix it upon any particular peâ—son Att. Gen. Was it not debated by what warrant they should derive power to themselves to send this Commission Adams There was such language but by whom I cannot say I thinke by William Drake It was because the King had writ this letter wherein he desired there should be such instructions there was something spoken of the secluded members but by whom I do not know there was a Proposition whether the authority should be taken from the secluded Members or from some other Att. Gen. Did not Mr. Love then say Come let it go on Ad. I dare not say so Att. Gen. Was it not propounded at the meeting to write to the Queen and to Jermine and Piercy for them to mediate with the King to agree with the Scots Adams's Examination was here againe read Adams My Lord So much of this as I think to be true I shall own Att. Gen. Was there not a letter writ from Piercy that a considerable summe of money was fit to be sent to the King and what answer was given was it not to be done till the King and Scots should agree and then to raise the money Adams That there was such a letter writ I must needs acknowledge Att. Gen. Where 〈◊〉 it read at Mr. Love's house Adams No certainly I onely saw it in Mason's own 〈◊〉 and I remember he shewed it me Att. Gen. Next ask him whether there was not a letter written about August last to some here that Massey had back friends in Scotland complaining he could not be promoted there Adams I did understand there was such a letter but by what way I do not know At. Gen. Was not the letter communicated at M. Loves house and were not you present when this letter was read at Mr. Loves house wherein Massey complained he had back friends in Scotland Ad. No certainly that letter was not to my remembrance read there I heard of such a letter but saw it not Att. Gen. My Lord ask him whether he was not appointed to draw up some letters Ad. There were some I should have had a hand in drawing Att. Gen. Who were appointed with you Ad. As I remember Captain Potter Captain Massey and Mâ— Gibbons Att. Gen. But was there no meeting upon it was M. Love named Adams Mr. Love was not named Att. Gen. Was there not one Sterks a Scotch Agent here that kept intelligence from Scotland Adams I know there was such a one we took to be an Agent here L. Pres Did he meet at your meetings Ad. Yes he did meet sometimes Att. Gen. Was
could take hold of me if J had concurred to it which J never did Again he insisteth upon it that I moved for a contribution Now herein I beseech your Lordship that I may offer these two things First This is but the single Testimony of one man and by the Law of God and of the Land a man must not die but under the testimony of two or three witnesses in the Old Testament Deut. 9. and 15. One witness shall not rise up against a man for any iniquity or for any sin in any sin that he sinneth At the mouth of two witnesses or at the mouth of three witnesses shall the matter be established And least this might be thought to be a Judicial Law pertaining onely to the Jewish State it is therefore quoted four times in the New Testament by Christ in Matth. 18. by Paul in 2 Cor. 13. and in two other places as noting it to be a Law of Moral equity That no mans life should be taken away but by express and clear Testimony of two sufficient witnesses Now in this that may seem most to pinch upon me that I should move for Money there is but one witness and it is as I am informed contrary to the Laws of the Land and the Statute of the first of Edward the sixth which provideth That no man shall be Indited Araigned and Convicted for Treason but by two lawful and sufficient witnesses and therefore I beseech your Lordship and the Court That you would be tender in those things wherein you finde but one witness speaking The other thing which I shall say to this point about moving for Money is That I humbly conceive the Act doth forbid relieving persons in Arms but now no person can be relieved by a bare motion it is not the motion but the having the Money moved for before the person in Arms can be said to be relieved and if it were true yet it is not proved That those persons were then in Arms The other Act of the second of August I conceive gives me relief if I had moved for Money For it judges those onely to be guilty of Treason That shall either send or cause to be sent Money Horse Arms and Ammunition into Scotland Now Sir if I had in a meeting moved for Money yet he tells you not for how much I moved for for ought he knows it might be but for six pence for he cannot swear to it and I hope when the sum is not spoken off you will be very tender Yet this comes not under your Act either to be a sending of Money into Scotland or a causing of it to be sent which is not in the least fastned upon me When I askt him though he swore I moved for Money whether I contributed any Money my self to that he answered He could not say I did nor could any of the eight witnesses that came in against me And thus I have done as to his Testimony The third Witness is Major Huntington and he affirms That in the year One thousand six hundred forty and nine one askt him to go to my house and told him there was some there at Prayer and that he might there hear some news and that he spake upon hear-say but then he spake upon oath And when I came there Prayer was done Now for a man to be so positive in the first entrance of his Testimony as to say Prayer was done when he could not know that there was any Prayer there at all for when he came it seems there was no Prayer and how then could he know there was any Prayer there at that time This at the very first entrance of his evidence I suppose might be a just ground to suspect his whole Testimony but as for the man I knew him not I never saw him as I said before that time nor since till I saw him here in Court This man affirms That William Drake read in Characters that which he called a Commission and said That he had command from the King to send this Commission away which God is my Record I never heard nor ever knew of it and Alford that brought over the Letter in which Far swore those words were he himself denies it But that which concerns me in Huntingtons Testimony is this He affirms that when the Commission was read by Drake I should say Come come let it goe Now Sir I askt him this Question Let it go what doth that refer to says Huntington Let the Papers go Now truly I am not so bad a Grammarian as to speak of Papers let it go and not to say let them go And if I had spoke of Papers as he says I did I must either be guilty of non-sense or else he of falshood I believe he of both But as for those words Come come let it goe he doth not affirm that I said Come let it go away but let it go and that may be a word of dislike And if I did say so yet it was not of the Commission God is my Record for he came not till nine of the clock at night as himself says and before he came I had declared my self against sending away the Commission and Instructions as being an act of two high a nature for private men and of notorious falshood to say it was in the name of the Presbyterian Party when it was not And the other men that were here in Court upon oath and that were then present as Adams and Alford did confess upon Examination That they heard no such words from me The next testimony is Master Adams and he relates a story of a correspondency between William Drake and one Mason and being ask'd Was Master Love privy to this correspondency he did so far clear me that he could not say it nor was I privy to it Being ask'd again Was Master Love privy to these letters of sending moderate propositions to the King that he likewise cleares me in he cannot say it And I can say that I am so far from moderation in their sense that moderation â—n their sense I deem downright Malignity which I was and still am utterly against He was asked likewise did Master Love know of collecting a hundred pound for Titus To that he answered that he durst not upon oath say that M. Love was privy to this collection and he doth not say that it was agreed in my house to send away the commission but says it was moved in my house for sayes he I cannot say it was agreed upon for there was no vote past These were his words and he contradicts Alford and Farr in three places of his testimony He overthrows Alfords deposition He affirms that the copy of the letter from the King was to shew what great affection he bare to the ministry of England and promised great favour when he was in a condition to do it and desired them to stand stedfast in the way they were in and he saith he dare
against the errors of the Service-Book and was removed from prison there by a Habeas Corpus to this place And in this Court of Kings Bench J was acquitted After this about the beginning of the Wars between the late King and the Parliament J was the first Minister that J know of in England who was accused for preaching of Treason and Rebellion meerly for maintaining in a Sermon in Kent at Tenterden the lawfulnesse of a defensive war at the first breaking out and irruption of our Troubles but was then publikely acquitted in a Court there and recovered costs and damages of my Accuser After this J had a little breathing time whilst the two Houses of Parliament were in power only J was once complained against by the Kings Commissioners at Vxbridge for preaching a Sermon there J did not know that J should preach there till the Psalm was sung and did only preach a Sermon which J had preached the day before at Windsor Castle J was J say complained of by the Kings Commissioners to the House for that Sermon but within three weeks J was acquitted and discharged by order of the House of Commons That Sermon is much spoken of because it is so little seen it is so obscure a piece and many imagine as if the keenesse of my affection was blunted from what it was in that Sermon But J declare unto you that J come up to this day to every tittle of that Sermon J hear it is lately printed and if it be printed according to the first copy J will own every line of it as that to which my heart and judgement concurs to this very day After all this since the late change of Government J have been three times in trouble J was once committed to custody by and twice cited before the Committee of Plundred Ministers but there was no sufficient proof against me and so J was discharged But now last of all this great and last tryal and trouble is come upon me J have been kept severall weeks in close Prison and now J am arraigned for my life herein is my great comfort even that which was the Apostles God that hath delivered me he doth deliver me in whom I trust that he will yet deliver me And that that shall be made good to me He shall deliver thee in six troubles yea in seven there shall no evill touch thee As Cato he was accused thirty two times by the unkind State whom he faithfully served and yet after thirty two times accusation his innocency and uprightnesse brought him off Why should not I be confident in my God who have had a life time of experience of his care and love towards me It is not the danger of my life troubles me I am a sickly man and I know a disease will ear long kill me whatever you do with me but this grieves me more That I should suffer from their hands for whom I have done and suffered so much in my obscure station and according to my weak measure had it been an Enemy had dealt thus by me and made such an eager prosecution of me and such high aggravations of that which in the simplicity of my heart I have done it had not been so much and as I told the Committee when I was examined by them who charged me with Jesuisme and non-ingenuity because I would not confesse against my selfe and others that though I honoured them as private Gentlemen and should acquaint them with what my self had done when it should not be a snare to me but when they shall apprehend me by a warrant for Treason and examine me in order to a triall for my life In no Judicature in the world will I confesse a word till I first hear what will come in against me Now as I told them then I never wrote letter nor received letter nor sent or lent mony to any person of the Scotish Nation Now that I should meet with this hard measure to have the most ridgid and severe interpretation put upon all my actions to be look'd upon with so jealous I might say with a worser eye that have in my measure ventured my all in the same quarrell that you were ingaged in and lifted up my hands in the same Covenant that have took sweet counsell together and walk'd in fellowship one with another That from these I should have such hard measure This this troubles me greatly had I been so dealt withall at the Juncto at Oxon I should not have been so troubled at it but to be dealt so with at Westminster this is that at which I stand amazed yet blessed be God I am not affraid My Conscience doth not tell me of any personal Act of mine proved against me that brings me under any of your laws as to Treason And thus having exprest my self concerning my charge and the witnesses and my self I shall now in the close of all say what ever tortured collections or inferences are drawn from my practises and however Lawyers may aggravate those things that in part have been proved against me yet I do declare in the presence of God that what ever I have done in the simplicity and integrity of my heart I have done it and did deem it to be consonant and agreeable both to my conscience and to the Protestations and Covenant I have taken and I have done nothing out of animosity or from a spirit of revenge and thus J have done concerning my self J have only a few humble proposalls to make to your Lordship and the Court and then J shall leave all to Gods determination and yours To you that are my Judges J humbly crave this of you and J do it upon your Lordships words the first day of my appearance here When you were pleased to deny me Counsell you said you would be Counsell for me and J beseech you be so for you are Judges both of matter of law and matter of fact J may make use of that passage Proverbs 31.8 Solomon says there that rulers must open their mouthes for the dumb in the cause of all such as are appointed for destruction Truly My Lord J am as a dumb man before you dumb in matters of Law J cannot plead one word for my self J beseech you be as Solomons Rulers were and open your mouths for him that is appointed to destruction you who are my Judges be my Advocates my life lies in your hands And then J beseech you let me make this humble motion to you That you would not count any thing that J have done to be out of animosity or stoutnesse of Spirit Truly nothing but Conscience could carry me through all my sufferings I could not leave such dear relations that God hath given me and such a loving people and comfortable livelihood as any Minister hath within the walls of London Nothing but conviction of conscience can carry me another way And till Conscience be fully satisfied J cannot stir one step The next
did not say that Mr. Love did disagree to the sending the money to Massy and Titus So I have done with that particular likewise the receiving letters from Massy and of the account from Scotland and the fight there That which Adams saith Mr. Love having replyed unto it concerning a letter writ to the Generall Assembly and Kirk of Scotland and in that my Lord he is pretty positive Adams Testimony is There was a letter written to the Generall Assembly and Kirk of Scotland at Mr. Loves house Mr. Love was sometimes present at this meeting which letter was taken to be penn'd by M. Love and Mr. Drake and I thought it to be so because of the language of it and that after Drake escaped all the meetings I know of were at his house and so my Lord say some others Being examined he sayes I saw letters which were read in Mr. Loves house Mr. Love was present and privy to the debating of them and did not declare any dissent My Lord I have now done with these particulars you have seen Mr. Love at the end though you found him not at the beginning it is not good to come at the ending of the Quarrell But my Lord under favour by the lawes and rules of Justice if any ill thing be contrived and plotted and afterwards any other person shall come into the contrivance of it and carry it on My Lod I think I shall not need to say much in it but he is culpaple and guilty of the whole from the first to the last And that Mr. Love should be but a meer Spectatour a meer concealing person it is very hard to be beleeved by any that are rationall men for after that once Titus hath done his errand at Jersey and gives his account here my Lord that his transactions and the subsequent imployment all that we know of are all transacted and carryed on in Mr. Loves house in Mr. Loves Study in Mr. Loves presence It was not one or two or three times which had been enough and very well had it been for Mr. Love if he had done as Bayns did or as Barton did they when they heard though that were too much for them My Lord to conceal as they have done yet did confesse it when required they left off when they heard of it they would go no further in it they knew the danger of it Mr. Love my lord as you will hear anon by what himself hath proposed what judgment and conscience led him to carry on this it was a conscience of his own Covenanting interest and principles for the Scots and Religion that led him on to carry on this Design My lord I have done with this that is the evidence against him for Application to it you have heard the severall lawes read before the charge opened that man is guilty of High treason and is a Traitour by the lawes of the land now that doth any way promote declare or publish Charls Steâ—art to be King of England My lord you have heard the evidence what Titus hath plotted what Drake hath carryed on what Mr. Love hath approved of and how far he hath consented and joyned in the design My lord I shall say it again if Titus and Drake be traitours as their own guilty consciences have made themselves judge themselves so he that flies confesseth the fact My lord they are fled My lord if they be traitours Mr. Love must be the same with them for Mr. Love was carrying on and hath agreed and concurred and approved of carrying on the Design that Titus and Drake have acted Consenters and Agents are to have the same punishments in Treason there aâ—â— no accessaries My Lord the next point is this the next Act is that of the 17. of Janury 1649 Having given you the evidence you will give me leave now shortly to repeat the Law The first is for promoting Charls Stewart c. That if any person shall maliciously and advisedly plot contrive and endeavour to stir up or raise forces against this present Parliament and for the subversion of the same and shall declare it by any open deed c. My Lord Mr. Love is pleased to expresse himself that none can accuse him nor none have sworn against him that he hath raised any Seditions any Insurrection any Rebellions my Lord I cannot say it fully whether he be guilty of that or no but this I will say the judgement I shall leave to the Court upon the evidence heard if Mr. Love be guilty of any thing moving or tending towards the raising of Forces Seditions or Rebellions though the thing be not done yet my Lord it is Treason those practices those purposes are Treason by the law though they never come to act we shall not look I hope to see a Rebellion raised before we shall say it is Treason and endeavour against it but for that how far he is guilty upon the evidence of being instrumental of the war in Scotland and to have endeavoured to have a party got in England my Lord I shall leave it to your judgment upon the evidence you have heard My Lord There is likewise another in the same law If any person procure invite agree aid or assist any Forraigner or Stranger to invade England or Ireland or adhere to any Forces raised by the Enemies of the Parliament or Common-wealth or Keepers of the Liberties of England this is High Treason for this you have heard the evidence what Mr. Love hath done towards this still upon the same foot of account it is Treason though but proposed and intended though not acted then there is another clause upon the law that Mr. Love hath insisted upon of constituting this Court But for those former I have said and you shall give me leave to repeat it again that these lawes offended against though in time before this Court was constituted yet this Court hath in expresse words commission and Authority given them by the Parliament to take cognizance of all Facts and offences done after that Law though done before your Commission and that my Lord is not to be doubted to be a very good and legall Authority And yet for this the law that constitutes this Court of the 26 of March 1650. That no person after the 29 of March 1650 shall give or hold any Intelligence by letters messages or otherwise with Charls Stewart James Stewart or the late Queen their mother or the Councell abiding with any of them prejudiciall to the Commonwealth or with any that shall be in Armes against the Parliament of England or shall bring or send into England Ireland or any Dominions of this Commonwealth letters messages or instructions tending to raise insurrections or a new war within this Nation and shall not forthwith reveal the same to the Speaker of the Parliament or to the Councell of State or two Members thereof or to two Justices of Peace shall be guilty of c. that is a clause
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
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
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
with them and hath the meetings at his house continually moves them to receive money and contribute I think hee was the highest Actor amongst them for the meetings were continually at his house the advices were there resolved upon debates there he gave his advice one way and they another way I think he will not think this is but misprision of Treason and we never did charge it nor intend it so but went a little higher Mr. Hales If that be declared to be insisted upon that the non-revealing of Treason though it be a month or two or a year or two can be no Treason then we have done with that question for then it wil rest singly upon the Fact before your Lordship whether there be any thing more proved then such a concealment then it is true we are discharged of that question But then concerning the proof if Master Atturney will please to admit that the proofs are such as Master Love hath stated in this paper Att. Gen. That I shall not do before hand but to debate upon the proof I shall crave your Lordships directions I have gone over them already and it hath been trouble enough to me if it be your Lordships pleasure I must go over the proof again I shall submit to you but not to him L. Pres Mr. Hales there is no witnesses that have been heard but they have been of the said confederacy that was one Exception Mr. Love made it was debated at the producing and over-ruled and I beleeve your judgement will go well with us that it was no Exception Another was that they have been promised rewards that was likewise moved and over-ruled the Court was of opinion that they may do it that if there bee a Treason and there be many correspondents in it and one out of remorse as some of these did say that when they had been there they did not like their waies but went from them and came to them no more if this man or any other man afterwards shall come and reveal this it is in the power of the State either to reward him with monies and to promise him life too if hee shall faithfully do it and this wee say is a stronger case then the case of an Approver which afterwards when they became Approvers they must confesse the Fact and say they are guilty of the Fact plainely and openly and yet then they are good witnesses to discover this as it was plotted in hell for this was no other though they had a vizard upon them which was no otherwise I say if any one will discover such nay haply it was offered to Master Love himselfe if he would have done it I beleeve there was some overtures made to him but this is law too by the law of this land which is the law of God for we have no law practised in this land but is the law of God and so did the Lawyers maintain it before the King in Henry the eighths time the Popes Legates and chief Arch-Bishops and Bishops of England and did then prove it to them that there was no law practised in England but the law of God which our Ministers are loath to touch and busie themselves to study but study the Ceremoniall Lawes of the Jewes which are Mortua Mortifera which are not to be practised by any other Nation till they be established by a law and that which is the law of God in this land that hath so much preserved it these they are wilfully ignorant of and say it is civill but I say his Christian law and therefore never distinguish in a Christian Nation that the lawes are Morall and Ecclesiasticall with that fained distinction but all the Lawes of this Nation are Christian and stand with Evangelicall Truth as well as With naturall reason and they are founded upon it and therefore Master Hales we are here now to go on by these lawes which are the lawes of God and wee must walk in them as wee would walk to Heaven And for that you speak of now Mr. Atturney hath answered all the Exceptions every one and I think for that matter of Fact every one of them particularly Mr. Love did take his Exceptions too and they were over-ruled Now to come whether these are lawfull witnesses over again when it is in matter of Fact and over-ruled by the judgement of the Court Master Hales will not think that is regular And then whether there be two to one point or nor that is another of your Exceptions that I take it Master Hales is not matter of law but for the Judges to consider of it that which should be matter of law is this whether that single proofs some to one and some to another joyned all together do issue out all this Treason we want not presidents for that for this is a heterogeneall Treason every particular that these Statutes make a Treason they are all of them complicated he hath gone through them all in his act and we must passe through them all in our judgments though every one is particular Treason had it been singularly laid by it self yet now being laid as one concatinated Treason they all of them make but one For the next for that of misprision he is not charged here with misprision at all but direct Treasons and if it be but misprision we shall not for misprision judge him a Traitor upon this Charge but then what is in his judgment misprision if this be nothing but a concealment I think that the Court upon the Evidence will judge that it is more then a bare concealment and whether Mr. Hales will think if I be a promoter and concealer from one to another and have so many continued meetings whether two or three years together acting with them concealing them for it is not a bare concealment but a complicated Act for if it were but a bare notion of it we should have much ado to prove it but I think the Court is satisfied it is more then notion S. Tho. Wither I shall speak a word to that Mr. Hales moved last whether you will be pleased to hear any more of Councels in these three particulars for under favour these three particulars concerning the witnesses concerning their quality and number and the Treason it selfe these are matters of another kind of nature then all the rest he insisted upon for the rest are meer matters of Law upon the formality and insufficiency of the Charge these questions of the witnesses are questions that are mixt for they depend upon the matters in Fact and cannot be otherwise stated now Mr. Love though he had no Councell appeared before yet he had in his Defence all these Objections too as of the incompetency of them because they were participes criminis and for that I think under favour of your Lordships judgement he had a full and a cleer answer to it in case of an Approver he is Particeps criminis and accuseth men that
acts you must have two Witnesses to bring them within that act For suppose a man were indited of Treason heretofore for Levying of war and another Treason for adhering to the Enemies and another Treason for counterfeiting of the Coin or those kinde of things these are severall Treasons though they are all put into one Information and haply may be put in case of necessity into one Indictment as here are severall acts put into one Charge But now a proof of Treason within one of the Acts by one Witness and a proof of a Treason within another of the Acts by another witnesse will not be esteemed and accounted a proof by two witnesses for it must be a proof not that he is within the Charge but within that part of the Charge upon which he is to be arraigned and here is not a proving each distinct part of the Charge by two witnesses as the Statute requires And then to come neerer suppose the Charge were but upon one Act as that he held correspondence with the Scots and did invite them c. I conceive that in this case under favor that that particular Act with which you will charge him to be a Traitor within any one law must be proved by two Witnesses The Star-chamber course I know what it was that in case there were one generall charge and then it did descend to severall particulars one witness would serve for one and another to another and a third to a third and these should make up two witnesses to convict the party but we are not now in a proceeding of Star-chamber that is laid by it was not altogether so regular in all things and then we are not in a thing barely criminal but in a case of life and not in the case of life ordinarily but in a case wherein a party is accused of Treason wherein the Statute doth provide that there shall be two Witnesses as I conceive to swear to the same thing by which you would bring him within it otherwise they stand as single Witnesses every one apart I have heard of a case I have not had so much time as to look into it concerning Mr. Rolph indited at Winchester I will not so much as repeat over the Case upon my credit to the Court but I take it it was thus Hee was indited for somewhat about the person of the King one Witnesse deposed about the presenting of a Pistol or that he said he would another about poisoning or that he said he would these two things did conclude in one the same act and though they concluded in one and the same as evidences complicated evidences to make good one Charge and either of them had been sufficient if proved by two yet as I am informed this is the inconvenience upon the sudden we cannot offer it upon the confidence of our own knowledg which a little time would make us wholly decline the mentioning of it or affirm it upon our credit but this I am informed was not held a case proved by two witnesses and if that be so then I conceive these steps the first will be agreed that the proof of severall Charges by severall Witnesses against severall Acts will not make a proof by two Witnesses it must be a proof by two Witnesses against one act therefore the proof of any thing against the Act of the 17 of July 1649 and another proof of a thing done against the Act of the thirtieth of January 1648 and another for a thing done against the Act of the 2d. of Aug. 1650 here the offences are severall the Treasons severall and the Witnesses to either stand singly by themselves How the case of the Fact is upon the proof I cannot tell that is whether this falls out to be the case But again if the Charge were single as now upon the Act of the 30 of January 1648 for proclaiming of the King or promoting the Prince of Wales his interest to be King of England we think with submission which we shall leave to your judgment that in that case there is a necessity of two Witnesses to speak to one thing and not one to supply one part and another to supply another That shall be as much as I shall say concerning that and I could wish that wee had had so much time as to look into it to inquire what the truth of that case was which was tryed at Winchester as I take it Now for the other matter that is Whether Misprision of Treason concealment of Treason be Treason if that be not insisted upon Att. Gen. No no. Mr. Hales Under favour the law is That concealment of Treason is not Treason but if that be not insisted upon then the question of the fact is whether there be any more then a proof of a concealment or of a Misprision of treason which if so be it be not I can say no more Att. Gen. Truly my Lord I did intend to speak to that of M. Loves case and as of his making but not now of his making but as he hath made it formerly surely it is a great deal of patience and favour you have afforded him that for matter of fact and law you have heard it all over again As for that first of the Competency of the Testimony I shall remember his own division First of the Charge Secondly of the Witnesses and the Testimony The third concerning Himself And the fourth his humble Proposals to the Court. One part of his Defence was concerning the Witnesses and Testimony that he made a long defence to and if it be not good evidence that parties that are of the same robberies may not accuse their fellow theeves I think some must be unhanged that have been hanged but that I shall not speak to for I think not that Mr. Hales his judgment leads him to it but if they were threatned and should be made afraid of their lives that were somewhat but that is not the case here The next is for two Witnesses I might say that by the Common Law of England one witnesse was enough before the Law of quinto Edwardi sexti was made for else it was not needfull to be made and Mr. Hales knowes again that as to Triall those Lawes are repealed but not to trouble you with these things or to say wherein they must concur I did crave the favour of you to read the Witnesses as they deposed and I did tell you when it was by hear-say and when upon knowledge and when by two three and foure to severall acts of M. Loves own actings two three foure witnesses I think they are number enough to accuse and detect a person of as high quality And for the last for misprision of Treason M. Love hath said that which never came into my thoughts that such actings done by M. Love could be judged misprision he that acted with them consulted and debated and plotted gave his judgement one way moved to raise mony
and divers persons in hostility against the Commonwealth of England and received by the Confederates in Master Loves house and there were read and debated though they did not agree to some particulars yet they are Actors They are in the very intelligence it selfe and did likewise return severall letters My Lord this Intelligence was with the Scotish Nation which truly my Lord I do conceive hardly an English man that had the blood of an English man running in his veins would joyn in confederacie with that Nation of all the Nations of the world against this Common-wealth a Nation that hath been known and I am sure the prisoner at the Bar is well read in the Histories and Stories of this Nation to have been a constant Enemie to this Nation in all ages through the memory of all Histories and my lord of late not three yeers since came and invaded this Nation with a Puissant Army which it pleased God to deliver us from and this the Prisoner could not be ignorant of that we had lately a fight with them at Dunbar that hostility could not be unknowne unto the prisoner at the Bar neither and yet for all that to confederate with a Nation that were such constant enemies to us My lord I could not conceive it had been in the heart of an English man much lesse in a Minister and Preacher of the Gospel among us My lord There are some particular charges upon him more then upon any of the rest After Drake fled away being doubtfull that his secret Traiterous Plot would be discovered Mr. Love supplied his room all the meetings and confederacies and letters and Agitations in this businesse were constantly at Mr. Loves house himselfe being present And my Lord mony as I said before by Mr. Love himself desired to be raised for the furthering of this design and severall summs of mony were raised I shall trouble your Lord-ship with no further relation but leave it to the proof that was made before your Lordship and the Court. Sir Thomas Witherington the second Councell for the Common-wealth Sir Th. Wither My Lord Mr. Loves Defence which he made for himself as he did it for his life so he took a great deal of pains in it and was very accurate in the Defence he made especially in the Witnesses My Lord I shall not take upon me for it is not my charge at this time to reply unto the whole Defence that Mr. Love made My Lord That I shall say shall be in two particulars for Mr. Love divided that which he said into four parts the first concerning the Charge the second concerning the Witnesses and Testimony and 3. concerning himself and 4. concerning some proposalls to the Court. My Lord I shall onely meddle with that which is concerning the Witnesses and 2. to some part of that he said concerning himself I shall only reply as to these two and the rest I shall leave to Mr. Atturny Generall that better knows what is for the advantage of the Common-wealth My Lord I shall begin concerning the Witnesses to clear them for now we are in our reply for the Common-wealth Mr. Love who did professe a very great deal of ignorance in the Laws of the land yet he did insinuate something that implied some knowledge of them in that my Lord he took some exceptions to the Witnesses my Lord I take it that these exceptions were 1. That the witnesses were not Probi testes legales And 2. That they were Participes criminis and that indeed is included in the other My Lord First I shall speak to this that the witnesses produced against him are Legales Testes they are competent witnesses and sufficient witnesses without exception against them I shall first speak to that they are Testis legales for Mr. Love did object that they themselves confess'd themselves to be guilty of the same crimes and so their confession is upon the matter a conviction and so they are convicted of the crimes in which they are witnesses against him and so are not competent witnesses My Lord I shall clear this under favour I take it they are very clear and good witnesses notwithstanding the Exceptions And my Lord this I take to be a very plain case the case which is in our Common Law the case is which proves it fully For if a man be accused of High-Treason indicted of High Treason and will confesse the Indictment and become an Approver yet he may be a witnesse against all those parties guilty of the same Treasons with himselfe he is particeps criminis with them and they with him and yet this man thus becoming an Approver will at Common Law be a witnesse and a legal and good witnesse against them My Lord I shall a little open that because it clears the case My Lord an Approver can only approve it is true that is when a man is indicted of High Treason and other his Accomplices with him and he upon the Indictment sayes it is true and then desires he may have some thing assigned to him and then hee accuses such and such persons of the same crimes in this case this man after he hath confest the Indictment and takes his corporall oath to reveall all Treasons he knowes in the Indictment for he can accuse no further after this done he shall be a witnesse he is a witnesse against those with whom he is Particeps criminis Nay my Lord it is of merit and Justice that he shall have this reward he shall be pardoned his life Now that I prove to you because that shews the reason that even the man after Indictment and Confession yet being an Approver shall be an Accuser of his brethren those that were Participes criminis with him and a good witness and the reason of that goes to this case in hand For although these men had a hand in the same plot and design with him and have confest and did confess it upon evidence that they were there present and did many things yet I take it they are clear competent and good witnesse and that is no Objection against them that they are Participes criminis My Lord if the law were otherwise it were impossible to prove many offences for many offences cannot be proved but by some men that had a hand in them Jn an ordinary case an action of Trespass and false imprisonment if three men are guilty of it it is an usuall thing in Courts of Justice to admit one of them a witnesse true they are not parties in the action and so may be witnesses for these things may be so secretly done otherwise that their Treasons could never be revealed to recover against the prisoner There is a case I think in all our knowledge it is the case of the Earle of Castle-haven he was accused of a very grievous Fact the witnesses which came against him were one or two Footmen that were Participes criminis in the very same fact and