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
thing J beg is to beseech your Lordship and the Court to put a candid and fair interpretation upon all that J have done or that by witness you have heard that it was no Malignant design though I do not own the management of any design J never writ letter nor sent letter to any of the Scotish nation yet thus far J own the thing that it was agreeable to my judgement and Conscience For J thought the interest of God and Religion and the good of the Nation would be more advanced if the King went into Scotland upon Covenant terms then if he should fall into the hands af the Jrish rebells or offer this Nation to the Turk or Spanyard or any other to come in and make a prey of it J did Judg it would be a foundation laid of great troubles and blood if he were not received by that nation And though I did not and do not in the least own either the Commission or Instructions or the way of management of that businesse yet I confesse the agreement between the King and Scots I desired and deemed it my duty upon this ground one clause of the Covenant being to seek the union and good of both Nations and those who endeavour the contrary are declared by the Covenant to be Incendaries Malignants and Evill Instruments who not only divide the Kingdoms one from another but divide the King from his people Now they declaring him to be their King according to my apprehension I thought it agreeable to my Covenant to pray and desire as a private man and no more for an agreement between the King and them upon those terms consistent with the safety of Religion and the terms of the Covenant And thus I have opened my heart to you The favourable interpretation I humbly beg of you is this That things might not be taken in the worst sense Non est reus nisi mens sit rea He is not guilty unlesse the mind be guilty I heard your Lord-ship say so at Guild-Hall as I remember The Lord knows in the uprightnesse of my heart I have done what I have done It is a Maxime in the Law I have read it in Divinity books Ampliandi sunt favores et in paenis benignior interpretatio facienda Favours are to be amplifyed and enlarged by Magistrates but in punishments the most benigne and favourable interpretations must be made Now of my Actions the harshest interpretations are made I have a Charge laid against me which I deem and as my Councell tels me to be rather a flourish in Law then reality of matter I stood amazed when I heard the charge against me I thought it had rather been against some other man then against me As if I should send to the Queen Piercy and Jermin herein I did rather venture my life upon a Tryall then to lie under all that Obloquie which that charge did lay upon me Therefore I again beseech you put a fair and candid interpretation upon what is proved against me I remember a phrase Summum jus est summa injuria to be over just is to be injurious Be not over righteous may refer to Courts of Judicatory Herein I acknowledge that my not revealing what my accusers have done this layeth me under the fault of a concealment for which I lay my selfe at your feet The next humble request I have to make is this To intreat your Lordship and the Court that you would not hearken to any politick suggestions that may be laid before you I know under what disadvantage I lye that am the first Minister in England tryed for Treason in a businesse of this nature and what a prejudice this is to me to make an example upon The first Suggestion that I humble intreat you would not hearken to is That it will not be for the honour and interest of the State if I be not condemned Truly it is for the honour of the State for you to do Justice If you have found that I ever writ letter or sent or received letter or lent money if in these regards you have found me within your Acts spare me not But if I have been onely present at the reading of letters and have been silent at what others have done therein I lay my selfe at your mercy to shew me favour It was a suggestion to Pilate If thou sparest that man thou art no friend to Caesar and so if you do not condemn me you are no friends to those who commissionate you but be friends to your selves and families and take heed that you bring not guiltlesse blood upon you And here and so I shall have done in the close of all I do acknowledge that in many particulars as touching not revealing I say not as to personall actings nor do any prove it against me I do fall within your acts as to the censure of a concealment and herein I humbly beg your mercy And however J may be judged to be a man of a turbulent and unquiet spirit yet those that know me in my relations will not say so of me and my people over whom God hath called me J think will say J am a man who desireth to live quietly in the Land But however my spirit and principles are questioned yet J resolve by the grace of God to lead for the future a quiet and peaceable life in all godlinesse and honesty J have but one word more to close all J have to say for my self for J have made no plea in Law in those matters J am as a dumb man and cannot open my mouth and 't is this The Charge and Depositions lie before you and J will but lay this before you also that if so be my fact should deserve death which J beleeve it doth not and J hope you cannot finde me under your own Acts as to Treason yet if you do censure me rather upon a politicall interest then from the merit of the fact the Scripture accounts not that Justice but Murder Jehu put to death Ahabs sons and that by the command of God but he did it upon a politicall interest to establish himself in his new gotten Government and when God reckons for this he sayes I will avenge the blood of Jezreel upon the house of Jehu To do any thing upon a politicall interest though the fact may deserve death the Scripture counts this Murder not Justice And I beseech you let me suggest one thing to you though J am a worm and no man and deserve not to be regarded amongst the children of men yet what I have done and suffered let it be a little thought on by you And let mee urge that of Abiathar the Priest he did an act that was not justifiable and saith Solomon Thou art worthy of death but I will not at this time put thee to death because thou barest the Ark of the Lord God before David my father and because thou hast been afflicted in all wherein my father was
the face of this worthy Gentleman till this morning and so could have no particular advice from him that there might be longer time allowed to this Gentleman and an addition of three Gentlemen more and a coppy of the Charge Att. Gen. You have had more then ordinary Prisoners have had before I will assure you Mr. Love L. Pres M. Hales you have heard a little opened of our passages and proceedings which you did not before but every man else hath lift up his voice you have gone over a great deal of the fact now for matter of Law for that of misprision that will rest I thinke in the judgement of the Court there is no misprision laid but Treason and I think the Court will find â—reason upon the proofs that are before them they will not need to have any Argument of misprision if the Court think there is sufficient Treason laid then that Argument we need not desire no more time for that and if it be misprision that the Court shall judge it so then upon the matter there is no Charge against him for us to proceed upon so that by that Charge I cannot see what you can ground your Argument upon Mr. Hales The Charge is not only for Treason but for Treason and other High crimes and misâ—demeanors At Gen. But not misprision Mr. Hales Though the word be not in we think it will reach it L. Pres It will not indeed At. Gen. We insist upon it for theâ— Commonwealth for the Charge is as it is laid L. Pres For the two next so I told M. Love before and he spent two hours at the least in capitulating the evidence of the State not any thing of his own for he gave no Witnesses but he did go over the whole evidence of the State from point to point and made I think himself as he said the Exceptions that were made against them these he went over though we might have shut him up at the first for him to summ up that which was the duty of the Court when he had no evidence to summ up the Evidence of the State which wee might not have let him but this he did and it is our part to examine the Evidences and the nature of them and what the nature of the thing is and how many Witnesses are to every point whether there be two Witnesses to a point or no cannot fall under dispute of law it is matter of fact Mr. Hales It is true we are here only to do that duty that your Lordship injoyns us to my Lord. It is true for us to dispute whether this evidence proveth such a thing or no haply it may not belong to us to do that But thus far if your Lordship think fit this may haply be allowable with submission to the Court that is whether if the proofs be admitted this man positively proves thus the oâ—ther man proves positively thus whether that these two proofs do make a proof of one fact haply if your Lordship shall so think fit there may be somewhat of Law in that that is whether it make a double Testimony within the Statute of Primo and Quinto For with submission to your Lordship the Statute of Primo and Quinto is not repealed as to point of Testimony it is repealed as to the place from whence the triall is to come but not in point of Witnesses therein it may come in questionlesse if your Lordship shall think fit But truly I have not seen one word of the evidence from the beginning to the end and if so be that any matter should rise that the Court should think fit as well as proper for me to offer in the defence of this Gentleman I must professe I cannot unlesse I had seen the things for I have not seen one word L. Pres For seeing the Evidence further then memory you nor no man else ought to know though wee have given leave to write and therefore though wee have given leave to take notice of them yet that is more then ever any Court did or we need to have done but onely to trust to their own memories but in that you speak of now for you to have day to argue when you are not able to say nor we neither that there is any such thing Did you ever hear such a thing to pray day to argue that you do not know positively it is so Att. Gen. We have spent a great deal of time and all that can be said will be but to run a round What is to be done is your own consultation among your selves L. Pres Withdraw your prisoner Mr. Love I beseech you allow me time for Councell The Court adjourns Another of Master Loves to his Wife More dear to me than ever IT adds to my rejoycing that I have so good and gracious a wise to part with for the Lord Jesus In thy grief I have been grieved but in thy joy I have been comforted Surely nature could never help thee to bear so heavy a stroke with so much silence and submission to the hand of God! O dearest every line thou writest gladdeth my heart I dare not think that there is such a creature as Maâ—y Love in the world for Kit and Mall I can think of them without trouble leaving them to so good a God and so good a Mother Be comforted concerning thy Husband who may more honour God in his death than in his life the will of the Lord be done he is fully satisfied with the hand of God Though there be but little between him and death he knows there is but little between him and heaven and that ravisheth his heart The Lord bless and require thee for thy wise and good counsel thou hast prevented me the very things I thought to have written to thee thou hast written to me I have had more comfort from thy gracious letter than from all the counsel I have had from any else in the world well be assured we shall meet in heaven I rest till I rest in heaven From the Tower the Lords Day Thy dying but comforted Friend CHRISTOPHER LOVE Another of Master Loves to his Wife My dearest delight on Earth I Was fast asleep when thy Note came I bless God I break not an hours sleep for all my sufferings I know they work for me a more exceeding and eternal weight of glory I slept this night from ten at night till seven in the morning and never waked My Dear I am so comforted in the gracious supports God gives thee that my burdens are the lighter on my shoulders because they are not so heavy on thine or if they be heavy yet that God helps thee to hear them The Lord keep it in the purpose of our hearts for ever to submit to the good pleasure of God I bless God I do find my heart in as quiet and composed a temper as ever I did in all my life I am till I dye From the Tower August 18. 1651. Thy
Lord I hope he will be so ingenuous as not to be long L. Pr. Take this in your way Mr. Love God is as present here as he was in the case of Achan Go on Mr. Love Sir by my appearing in this place I am made a grief to many that are godly and a laughing stock to the wicked and a gazing stock to all yet blessed be God not a terrour to my self Sir I am as Jeremiah was born a man of strife and contention not actively I strive and contend with none but passively many strive and contend with me yet I trust God will make me as he did Jeremiah an iron pillar and brazen wall against those that do oppose me that I shall not be dismayed at ther faces lest I be confounded before them Strong suggestions against me are generally received and great opposition strongly maintained and in this condition no man dares stand by me but God stands by me and strengthens me Here he was interupted again L. Pres Sir come to the businesse in hand M. Love I beseech you Sir spare me you gave Mr. Lilburne more time Att. Gen. Ly Lord when he shall come with such speeches that are nothing to the businesse in hand My Lord he instances in Lilburns case you know that debate it was in relation to a Narration M. Love Sir it was the Narration of his doings and sufferings that he might not be misrepresented to the Court. Att. Gen. You know you are a Minister and if it be your purpose to spin out time to think to ingratiate your self to the people it will not do My Lord this is a Court of Justice that proceeds according to the established Laws and Laws that have been read to him Mr. Love is a Minister and had he applied himself to God as he might have done he need not have been brought hither if he had not gone that way he did But my Lord I desire he may go on to the Charge and give his answer to it My Lord before we have done we shall have many occasions of discourse between him and I. M. Love I beseech your Lordship allow me that favour that you allow to every one you try that I may not stand under misrepresentations to you who are my Judges L. Pres Are not we of as much credit as you and are not we judged Ministers as well as you and more then you and I tell you that which you require we have already done and wish you as much happinesse as to our brother and for you to spend time about that which is nothing to the businesse it must not be suffered Att. Gen. My Lord let the constant known laws of the Common-wealth of England be observed as well as other laws of which that is one that he ought not to speak any thing till he hath pleaded guilty or not guilty My Lord I desire to take my course I do not make speeches against him to misrepresent him to you otherwise then he stands charged and my Lord I would not have him to cleer himself till he come to the triall whether he be not accused justly It is not my nature but the duty of my place and the duty of his place as a prisoner is to plead and to put himself upon triall that being done there will be occasion enough for him to plead his own innocency My Lord to take up two hours time in talking of that which is not materiall should not be M. Love I insist upon that liberty that Mr. Lilburne had L. Pres He did plead first M. Love No my Lord he did not plead first and I have much to move before I plead L. Pres You can say nothing till you plead M. Love My Lord I desire not much time Att. Gen. My Lord let the time now insisted on be what time it will Mr. Love will have time to speak for himself and it is so far from being to the point that it is trifling and this rather makes him seem guilty then it gives him any acquittance M. Love Prove me guilty first Sir Sir do not prejudge me Then command was given to reade his Arraignment The Clerk Christopher Love you stand charged on the behalf of the Keepers of the Liberties of England by Authority of Parliament of high Treason and other high Crimes and Offences against the Parliament and People of England this high Court therefore requires you to give a positive and direct answer whether you are guilty or not guilty of the Crimes and Treasons laid to your charge M. Love I refuse not to plead but I beseech you give me leave to speak before I answer Mr. Love having a paper in his hand the Judge said L. Pres How many leaves is it M. Love But two or three and if this Court be more strict and severe to me then that was to Mr. Lilburne I cannot help it What I shall say shall be something in generall and I beseech you give me leave to speak to it Att. Gen. Sir not before you plead M. Love Yet I have this liberty that when matter of law ariseth in the Indictment to make a motion and to move for counsel and to shew the illegality of it and though I confesse I am extreamly ignorant of the Law yet I understand that after I have pleaded I am not capable of counsell L. Pres You are mistaken Master Love M. Love I suppose I am not mistaken For in the third part of Judge Cooks Institutes I finde it thus The prisoner when he pleads not guilty whereby he denies the fact after the plea of not guilty can have no counsell but if he have any matter of Law to plead before he may urge it L. Pres He pleads he is ignorant of the Law and yet can make use of it M. Love I am to plead for my life and I am to use Scripture Law and any other lawfull means to save my life Paul did plead the Roman Law L. Pres Some of us know as much of Paul and Scripture as you do M. Love Sir I make no comparisons Then Mr. Love reads out of Judge Cooks Institutes The safest way for the party indicted is to plead upon his arraignment the speciall matter for the overthrow of the Indictment And this must be done before I plead and to require counsell for the pleading thereof which ought to be granted and to require a copy of so much of the Indictment which is necessary for framing his plea which ought to be granted and these laws ought to be construed favourably for that the Indictment is commonly found in the absence of the party L. Pres But your Indictment is in youâ— presence You are out of your way M. Love Sir you bring me out of my way L. Pres Your Indictment is not yet found there is nothing done behinde your back onely the reading of this but that is nothing but a written parchment till you plead unto it M. Love I have something to except
against the legallity of this Indictment L. Pres Go on then M. Love Sir the first motion I shall make is for counsell to advise in matters of Law relating to this Triall and as I do gather from hearing the Indictment there are severall matters of law that do arise in which I desire to have counsell assigned me and the first is whether the Act by which this Court is constituted of the 26 March 1650. that forbids receiving or sending Letters or Messages to or from England or Ireland do inable you to receive a charge against me concerning Letters to or from Scotland Scotland not being mentioned in that Act by which you are constituted therefore seeing this is matter of law I desire I might have counsel to advise with about it Att. Gen. Mr. Love then doth admit that he hath received and sent letters to Scotland M. Love I admit nothing Sir you charge me with it but I do not grant it Att. Gen. Then you will give us leave to prove it If he will admit that he hath sent and received letters from Scotland and so demur that it is not in your power I will joyne with him But my Lord there was a particular Act read that doth relate particularly to Scotland and that this court hath cognizance of that Act was read before hand but Mr. Love did not observe what was read to him and it is so far in favour of justice to him that you read him the laws and clauses upon which he stands impeached and that there is a law against sending to Scotland But my Lord these debates are lingring of time if a man will demand counsel he admits the fact that the fact is true but being true he ought not to be condemned upon it if so I will joyne with him But if he plead not guilty I shall be ready to prove it M. Love I beseech you Sir I do apprehend there is another matter of law ariseth and that is from the Act of the 26 Maerch 1650. there is a prohibition of sending letters or messages to any in arms against the Parliament now I am charged with sending and writing letters into Scotland now it doth not appear to me that Scotland was in arms against the Parliament of England but for their own preservation Therefore I desire counsel in this Whether I that am accused of writing and sending into Scotland am therefore accused of writing and sending to those who are in arms against the Parliament of England or whether they were in arms for the preservation of Scotland or in opposition to the Parliament of England Att. Gen. If you will admit still that you have sent or received from Scotland then I readily grant it M. Love I will admit of nothing I have so much of a christian in me that I will deny nothing that is proved to be true and so much of an Englishman that I will admit of nothing that is seemingly criminall L. Pres You are a christian and you are here in the presence of God as Achan was M. Love If it be proved against me L. Pres Then your denial of it will be a high transgression against God M. Love I could urge the case of Jesus Christ who when he was accused before a Judicatory answered not a word L. Pres You are out M. Love When Christ was accused in a civil businesse to be a mover of sedition as now I am they asked him whether he was King of the Jews and he answered them not a word But this is that I doubt whether there be not matters of law arising from the charge read against me and that in respect of the time of the Act of the 26 March 1650. which gives power to you to determine severall crimes and to proceed to the trial of the offendor And Sir it is also to me doubtfull whether this be not matter of law viz. whether this trial ought not to be by a Jury of twelve of the neighbourhood or whether in any different way from it and I doubt it upon this ground your Lordship having given me this hint for I was present at the trial of Mr. Lilburne and the formality of the law tied him to plead to this that he must be tried by God and his Country He refused it and your Lordship urged it upon him that he might safely plead it by God because God was in all Judicatories and by his Country because said you by Country is meant the Jury of a mans equals And this is a trial according to the law of the Land Now if you have declared that in Guild-Hall I beseech your Lordship inform me whether a different way from this of a Jury of the neighbourhood be according to law in Westminster Hall L. Pres You shall be informed That was a trial by the law as it then stood these now are all upon Acts of Parliament and Laws of the Land that are of as high a nature as they those are ancient Laws and these are Statutes lately made and of an extraordinary nature and were made to meet with such persons as you that have done such things as you have done And now for your Neighbourhood I hope you have twenty or forty Neighbours that are within the equity of that Law Mr. Love If they be a Jury I have power to except against 35. of them Att. Gen. My Lord he pretends Mr. Lilburns Triall but when you come to hear the evidence you shall hear what he was doing then he was preparing himself then in his businesse he thought his time might come and I am informed that since he hath been in the Tower Lilburn hath been his counsel M. Love Mr. Prideaux Sir you are no God to know my thoughts Att. Gen. I did say this from his own expression he was a diligent observer there that he might know what was done there that so he might prepare himself M. Love Sir you did declare this after the change and abolition of a King and House of Lords that a Triall by a Jury of twelve of the neighbourhood was according to Law and you urged Master Lilburne with this that he might plead and do no harm unto himself And not onely so but the House also declared That since the change of Government they would never alter that way of triall and upon the ninth of February 1648. they did declare That though they thought fit to abolish the Kingly Office and the House of Lords yet they resolved they would still retain and preserve the fundamentall Laws of the Nation for and concerning the preservation of the liberties lives and estates of the people Now Sir they declaring they would never alter this way of triall and you declaring this way of triall by Juries to be according to the fundamentall Laws of the Land I beseech you give me the reason why it is denied to me Att. Gen. My Lord it is very unusuall for a prisoner to debate with the court Here he is
to be controuled Let him know he is a prisoner upon the triall of his life before that court that hath been impowred by the Parliament they who did never binde their own hands I must say my Lord they cannot binde their own hands And it is this triall that they have thought fit to give him And for his excepting against thirty five then you will hardly be a court left My Lord I think if he look upon the court he will finde no enemies here knowing them to be of his neighbourhood and most of them of London and I think he known to them and they to him the most of them But my Lord these disputes are not allowed to others and the Gentleman will I hope have so much modesty at last that he will think he hath said a little too much to the court and I think it is not good to provoke too far And my Lord he hath said much and you have given him faire answers and those that are cleare and undeniable But if he speak of the jurisdiction of the court and that he will not plead let him speak in plain English and he shall hear me in plain English M. Love Although I am not satisfied as to the foundation and originall of this court yet I refuse not a triall hoping that tendernesse of conscience will appear in you and clearnesse in me and weaknesse of proof against me Upon this I do not refuse a triall but I will plead if I may have that which the Law allows me And according to my weak measure and unskilfulnesse in the Law upon the charge read against me I do apprehend there may be some things objected against the legality of the Indictment and many things to take it off both for matter of time and form and other things by a lawyer Therefore I intreat I may have counsell to be with me both in my chamber and here in the court and then I will plead Att. Gen. I am not here to make a bargain but this I will say to him he hath had so much tendernesse and respect as few men more He hath had notice of his triall above a fortnight and my Lord he hath not been denied counsell M. Love I could do nothing in order to my triall because I have sent for counsell and they would not come neer me because they were not assigned by this court and my studies being another way and being unskilfull in the Law therefore I could do nothing in preparation to my triall Therefore I pray do not destroy me in a hurry The more faire the triall is the more just you will be and I the more guilty if it be proved against me Att. Gen. I appeal to Master Love whether or no it was not denied to Lilburne and there is none that hears him but sees he hath prepared himself and perused severall Acts whereupon he is impeached But these are discourses my Lord which if he will put too nigh upon the court that we should dispute we cannot force words from him M. Love Mr. Prideaux is pleased to urge Mr. Lilburne but I have more matter of Law arising from the charge then he had and have not that triall by way of a Jury as he had and there are many things in the charge said to be done before the Act of the 29 March 1650. which gives you cognizance onely of things done from that time so that many things there are in which counsell would advise me therefore I beseech you deny me not that right and just favour L. Pres You do not breathe the same aire nor the same breath for it comes from you both yea and nay for you say you are ignorant and yet will not be informed by any thing that can be said and so your ignorance is wilfull But in this case I am sure what Law soever you can plead yet there be some Acts and matters you have denied M. Love I have urged matter of law arising out of the charge from the 29 of March 1650. There was no Act then that I know of that did prohibite the sending of Letters or Messages to or from Scotland and I am indicted for Letters or Messages sent to and received from Scotland before that time Att. Gen. I would fain give you satisfaction do not cast away your self My Lord we do use in law to lay it so for the fact we cannot tell what the proof will be whether the proof will be within this three moneths or ten moneths and it is laid in relation to other offences Mr. Love I have here the Letters of severall Counsellors and they returne to me their denial if I could have got their counsell I would And yet if I had had it I could not tell what they should have advised me in not having a copy of my charge L Pres If you had desired a copy of your charge you might have had it You must know you are before those that have law and conscience and that are bound to be of counsell for you and that is the court and it is their duty to see that whatsoever the law of England allows you to have that that you should have but you must have it in a due and proper time and manner of law appointed You are not now for the present where Lilburn was nor before such a court he was before a Commission of Oyer and Terminer who are to proceed according to those Laws and upon that the Commission directs and that is by that which the known and fundamentall laws of England direct unto but this is not in all particulars the like the Jury there hath a large latitude who proceed by way of grand Jury and petty Jury which are both included in this court so that in all things the proceedings upon that are not as upon this but thus far the proceedings are alike you have your charge and you are to plead to it for that is the first thing to be done there is nothing can answer your charge but whether you be guilty or not guilty if you plead not guilty then the evidence will be called and if then any matter of law ariseth upon the evidence it is the usuall course to assigne you counsell and to be counsell for you and to tell you it is law to have counsell but for you to demand counsell and first to have counsel assigned you it is against that form and legality that the law of England appoints for till you put your self upon trial we cannot allow you counsel to the trial so that you must plead and it is our duty to tell you so and it is the duty of this court to be as careful when you have put your self upon trial that all the benefit of the law may be afforded you therefore you need not fear it for if any of these things arise you now fear upon the evidence then will be your time and our time to stand upon this you now do
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
fault that is no offence for an honest man questioned for a fact to confess the truth thereof I have not heard that that is no good law and I do say that before ever this man came to be examined we did know it all and perchance from those that this Gentleman thought fitter to trust then us but we did so know it before that every circumstance was opened by us and we did convince this Gentleman and others though not Mr Love But Mr. Love saith He must not accuse himself he must not answer but this Gentleman did more ingeniously I do affirm That he was questioned to every particular before he answered And we do know that the State hath long hands and ears Now my Lord if you please ask M. Potter what he knows of this business of sending to and receiving from Scotland L. Pres You are upon your Oath and in the presence of God then whom there is no higher upon the earth that is in the seat of Justice and without relation as Mr. Love saith to the parties therefore tell the truth of your knowledge in the transaction of this treacherous treason that hath now been above two years in the passages between the Presbyterian party At. Gen. No my Lord we will not own that upon them there are some that do stile themselves so The Presbyterian Party that are consciencious persons and pious and godly men and I should do them wrong should I lay it upon them but that which I do is against those that do undertake to stile themselves The Heads of them L. Pres Begin then with that which concerns Mr. Drakes Agency Cap. Pot. I have taken an oath to speak the whole truth in this business but that is the truth I know I desire I may not be prest to things that I have onely heard At. Gen. You must and from whom you heard them Cap. Pot. I was examined several times and had a wide latitude there and then I was to speak to every truth as I thought and heard but now I have taken an oath to speak the truth between the State and this Gentleman And I beseech you that I may be held close to those things and I will give you the fullest and fairest account I can What I said before was in order to the discovery of the thing much of which I had by hear-say from others and in that I may mistake in persons places and times What I have done my self and what I know this Gentleman hath done that may be put to me fully Mr. Love The witness must so speak That we have seen and heard that do we testifie At. Gen. Your Doctrine will not pass here Mr. Love It is Scripture Sir and it behoves me to speak for I am upon my life At. Gen. Mr. Potter speak what you know and from whom and I desire there may be no glosses put there by those who I am sure cannot do it I ask you first of the proceedings and â—ending to Scotland and back again to England and what you know of it and from whom C. Pot. My Lord the Committee that examined me knows I was not privâ— to the first transaction I did say indeed something of it by hear-say and I did likewise say That Mr. Drake told it me but I may erre in that particular possibly M. Drake did not tell me so for as I apprehend I said I did think it did put a necessity upon the King to agree with the Scots and then having seen some papers and conferr'd with that relation others have made I collected the truth of them as far as I did know but now I am upon my oath let me therefore come to the matter I spake then many things as I heard which I cannot affirm upon my oath L. Pres We must judge of what you have heard C. Pot. My Lord I cannot be certain of that At. Gen. That is receded from But what do you know of Masons coming over here C. Pot. I know nothing of Mason I saw him but once and at that time there past nothing between us of publick concernment as I remember Att. Gen. What was the answer that was returned to that which Mason did bring C. Pot. That I can speak nothing to of my own knowledge I heard he was come hither and was here to see the tempers of men and to see how things were like to go Att. Gen. My Lord ask him from whom he came C. Pot. It was said he came from my Lord Piercy but these things are so remote from me that I can say nothing to them of my own knowledge Att. Gen. My Lord let him speak what he knows about reconciling the Presbyterian parties C. Pot. I think others can speak more close to that I can say nothing but by hear-say I heard that Mason did indeavour here to finde how the affections of the people stood and whether there was a necessity that the King should comply with the Scots or with the cavaliering party and that he found a necessity of complying with the Scots L. Pres What assistance should he have from hence C. Pot. I know no more of Mason then this Att. Gen. My Lord ask him if there were not some letters returned by Mason in answer to what he brought C. Pot. Not that I know of L. Pres Did you hear of it C. Pot. I think I did hear of it but I cannot tell by whom I think by William Drake Att. Gen. My Lord ask him whether he knows of any petition sent to the King of Scots C. Pot. I do not know of any but have heard so L. Pres By whom did you hear so C Pot. By William Drake L. Pres Who did Drake say did carry the petition C Pot. I cannot tell Att. Gen. Do you know of any answer returned from Piercy and Jermin C. Pot. I know nothing at all of these things L. Pres Were not you invited to the meeting C. Pot. Yes I was Att. Gen. What did he tell you C. Pot. Nothing at all we had nothing but common discourse there Att. Gen. Who was there C. Pot. There was William Drake Major Alford and I think Mason and Titus were there L Pres Do you remember any more C. Pot. I do not remember nor can I certainly say they were there L. Pres Were not you prest or moved to go to Jersey C. Pot. Not that I know of L. Pres Did not Titus offer to go C. Pot. I cannot well tell but at that time or some other he either was spoken to to go or offered to go L. Pres How long ago C. Pot. My Lord I cannot speak this of my own knowledge but I have heard say I think a month after the time L. Pres Had he any money to bear his charges C. Pot. I know of none Att. Gen. Well what meetings afterwards was there in M. Loves study C. Pot. I have been at M. Loves severall times Att. Gen. My Lord ask him whether he was not
present in M. Loves study when a letter was there read from Titus and who was present there and what were the debates upon it and what was the contents of the letter and whether it was not for some to come to Calice to him C. Pot. The letter I well remember I cannot say it was in M. Loves study nor can I say it was in his house I do not know M. Love was present the letter I have seen it or heard of iâ— it did desire some to come to Calice about the treaty and I remember well that Major Alford told me he did go to him L. Pres What was the contents of the letter C. Pot. I cannot well remember that I have seen it but I have either seen it or heard of it I cannot tell which L. Pres You must be true to the State and speak the truth C. Pot. My Lord I would be true to the State and to the Gentleman at the bar too And my Lord I can say no more to it I either saw it or heard of it I cannot tell which I am upon my oath my Lord the letter did desire some body to come to Calice to him Att Gen. Was not this meeting in M. Loves study C. Pot. I cannot say it was in his house I rather think it was not L Pres Was he present C. Pot. I cannot say he was present I think he was not present I think M Alford was sent to the tavern The papers of Captain Potters examinations were here produced by the Attorney general and by the Clerk read to him Att. Gen. My Lord these were his Examinations C. Pot. I intreat this may be remembred which I premised at fiâ—st I had a latitude then that I have not now I am now upon my oath and desire to be true to my own conscience and to the State and to this Gentleman I have made it is true such a confession as this is and I believe the greatest part of it to be true according to the latitude I spake it in but now I am upon my oath and now I am to speak knowingly the substance of the thing is true I believe that he was sent and sent upon such things so much I do verily believe to be true upon my oath but of the places Iâ—annot â—annot speak Att. Gen. Alford did go to Calice and return and how many daies was it between his going and returning and where did he give an account of what he did receive from Titus aâ— Calice C Pot. It is a hard matter for me to speak to the time I think about a week and for the relatiâ—n he made when he came back as I take it I met him at the Kings Head in Wâ—lbrook upon his landing whether he made the relation to me there or afterwards at M Loves whether I heard of the meetâ—ngâ— or whether I was at the meeting I cannot say I am sure he himself made me the relation but whether there or any other where I cannot make out Att. Gen. Upon your oath did not Major Alford make returne of the answer in Master Loves study C. Pot I cannot say it but I think it was there Att. Gen. Was Master Love present C. Pot. I think he was present and I think it was in his house I am sure Major Alford made me a particular relation between him and I. Att. Gen. Was Sterks the Scotch Agent there or no C. Pot. I cannot say he was L. Pres Was it read in Master Loves study C. Pot. I cannot say I was there His Examination was again read to him Att. Gen. What was the substance of the Kings letter C. Pot. It is so much out of my memory that I scarce remember there was a letter it is so much out of my minde More of his Examination was read to him L. Pres What do you remember of this now is this true C. Pot. I remember I have heard as much and I believe it is true L. Pres Have you not heard the letter read C. Pot. I do not know there was a letter sent nor do I know there was a letter read I desire to speak the truth I had a latitude then that I have not now I had then such an information shewed me and I spake to it so far as I thought it was true these papers you shew me as my examination were not of my framing The Clerk Look upon them is not this your hand C. Pot. I know it is my hand Att. Gen. My Lord I did go to the Tower to him and was with him and did examine him My Lord here be those that will prove it that himself did confesse and said it was true and he took time himself to inform himself and had as he said other mens examinations and informations by and he did adde and amend and gave it under his hand This is the truth after several examinations And he had papers by him and did correct them himself and brought them under his own hand written by himself these very things And my Lord ask him whether he did not write these things first with his own hand and bring them to the Committee of Examinations L. Pres Whether did you not bring in your own examinations and what you could inform written by your own hands C. Pot. My Lord that is my hand and what is there I must own as mine But I hope you will let me distinguish between what I delivered then as I heard it and thought and what I deliver posiâ—â—vely I do say it is true now as I have heard L. Pres Why did you not say of heare-say then as well as now Att. Gen. Upon the oath you have taken whether do you not know this of your own knowledge C Pot. Upon the oath I have taken and I desire to speak it in Gods presence I do not remember that I saw the letter from the King or heard the letter read or the copy nor can I say Alford told me so much though I think he did yet I do not know he did M Love I desire you would take notice whether this be faire that Mr. Attorney should help the witnesse by putting things into his mouth Att. Gen. My Lord I can help the witnesse by asking him questions C. Pot. My Lord no man shall so far tamper with me as to make me say an untruth Att. Gen. My Lord pray ask him whether he did not write these papers most of them with his own hands C. Pot. True but to open to the committee the ground of this businesse but I did not expect to swear to every one of these particulars Att. Gen. My Lord ask him whether after this return was made there was not a meeting and instructions made about the commission to be sent to Bredah C. Pot. My Lord to that I have heard so much but I cannot speak it positively I saw no commission nor instructions I heard there was both I do not know by whom I have
heard it I think by William Drake L. Pres Were you not at Mr. Loves house when they were drawn up and Mr. Love corrected them C. Pot. I never saw the instructions M. Love Nor I neither L. Pres Did you not heare so C. Pot. I did L. Pres To whom to be directed C. Pot. To Captain Titus L. Pres And to who else C. Pot. The commissions and instructions were to be directed to my Lord Willoughby of Parham Col. Graves Major Gen. Massey Capt. Titus and Alderman Bunce Att. Gen. My Lord ask him whether he hath not heard Mr. Love tell him so C. Pot. Never in my life L. Pres Were you not then present at his house C. Pot. I know not that I was nor can I remember His Examination was again read Att. Gen. Whether were you not at M. Loves house and was there not a letter agreed upon to Massey and Bailie and Titus C. Pot. I have been several times at M. Loves house L. Pres Whether were you not at M. Loves house with these correspondents C. Pot. I have been several times at his house with them and I have been oftner there upon other occasions L. Pres Name them C. Pot. I mean with M. Love and M. Jackson and M. Robinson and Major Alford and M. Drake and M. Gibbons L. Pres What was then agreed upon about letters when you were at M. Loves house C. Pot. I have a very bad memory I cannot speak to time and places and persons such letters I have heard of were written I professe I can speak no more knowingly I never had a hand in any one letter but such letters I have heard of L. Pres Upon what account did you meet at M. Loves house C. Pot. I met there sometimes upon a friendly account sometimes upon a christian account and sometimes to hear news and sometimes to tell news L. Pres Where did you meet with these persons with William Drake and these so often mentioned C. Pot. My Lord there was a correspondency in point of news L. Pres Between whom C. Pot. Between capt Titus there and William Drake here and he would tell us many times news there L. Pres Do you know Titus was imployed as an Agent hence C. Pot. I think he was L. Pres Had he money collected C. Pot. I do not know of one penny I lent him and I never contributed to him Att. Gen. My Lord ask him whether himself did not upon an occasion contribute ten pounds and bring it into M. Loves parlour C. Pot. I confesse that Att. Gen. For a table-book that was written in sack do you know of any such thing C. Pot. I do My Lord I went to William Drake in his retirement and he was writing out of his Papers some letters in a table-book which he told me was in sack as I take it L. Pres Why did he write them in sack C. Pot. I take it because it should not be discovered L. Pres Do you not know to whom the letters written in sack were sent C. Pot. I know not but he told me to Bayley and Titus L. Pres Where was Bayley and Titus then C. Pot. I know not where Titus was but I think Bayley was in Scotland L. Pres After Drake was gone where were your meetings usually C. Pot. Many times at M. Loves house L. Pres When you did meet there what did you meet upon was it not to receive Messages from Titus and Massey and Bunce and Bailey and to return answers C. Pot. We had sometimes letters read there but from whom they came or to whom I believe few can tell I cannot tell something of news we have heard of affairs that was the occasion of my coming sometimes Att. Gen. Did M. Love never tell you the occasions of those meetings and presse you to lend money to furnish Massey and Titus C. Pot. I can say nothing to that Att. Gen. What say you to the private fasts C. Pot. There were private fasts Att. Gen. What for a blessing upon the treaty at Bredah C. Pot. There were fasts kept but I never understood they were for any other end but for the sins of and judgements upon the nations and for the most part there have been hundreds of men and women there Att. Gen. Did M. Love often officiate there C. Pot. He hath preached and prayed L. Pres Did any pray for a blessing upon the treaty C. Pot. I cannot say so Att. Gen. What say you to those letters that came hither after the fight at Dunbar C. Pot. My Lord after the fight at Dunbar there came letters from Bailey and Titus and Massey L. Pres And where were these published C. Pot. My Lord I can say no more I have heard of these letters too L. Pres Were not you present at M. Loves house when they were read or made known there C. Pot. Possibly I was I cannot say I heard the letters read there I did hear letters by a private hand occasionally afterwards Att. Gen. By the oath you have taken were you not present at M. Loves house when those foresaid letters from Titus and Bailey and Massey were published and read C. Pot. My Lord I cannot say I was there and I dare not say I was not it is a yeer ago I believe I was there several times when several letters were read and it may be when those were read L. Pres Whether was there not five pounds given to a messenger that brought them C. Pot. I have heard there was but I do not know it L. Pres Did you contribute any thing towards it C Pot. I think I did contribute ten shillings L. Pres VVho contributed besides your selfe C. Pot. I know not Att. Gen. VVas there not at Mr. Love's a promise of armes or letters C. Pot. My Lord I cannot say so Att. Gen. VVat can you say C. Pot. I have heard there was Att. Gen. By whom have you heard it C. Pot. I cannot say by whom or who told me so either Mr. Alford or Adams or Far or some of those men that used to meet there for it was common when I was not there â—or some or other to meet with me Att. Gen. Did Mr. Love contribute to the messenger C. Pot. I cannot say he did Att. Gen. My Lord I do not ask him one question but what himselfe hath confest C. Pot. I do remember such letters I have heard did come but never saw those letters I do likewise remember I heard there was five pounds gathered for the messenger and I do believe I contributed ten shillings towards it Att. Gen. VVho else gave besides your selfe and who received it C. Pot. I professe I know not Att. Gen. VVhether was there not a Declaration to the Church of Scotland then published C. Pot. The Dâ—claration I know nothing of it you remembred me of it at the Committee when I was first examined but I knew nothing of it Att. Gen. My Lord Ask him whether the State and Church did not write
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
Truly Nothing more Att. Gen. What do you know of any correspondency setled at Kendal Mr. Alford Nâ—thing at all Att. Gen. This was since Dunbar fight Do you know of any letters that came from the Kirk or Lowden or Argile or any of those Mr. Alford No J know nothing of that Mr. Love You confesse you went to Callice and brought the copie of a letter from Titus Did J send you to Titus Mr. Alford No J do not say you did Mr. Love It is alledged by this Gentleman that it was sent out of my house Did J write any letter by you when you went into Holland And upon your coming home you say the copie of a letter was read at my house will you swear I was in the roome at the time when the letter was read I was in my houâ—e but did not I go often out and in Sir I do speak this because some at the Committee said I went in and out often Do you swear that I heard the leâ—ter read in my house M. Alford M. Love it was read in your study but that you were there when the letter was read I cannot tell M. Love He says he cannot tell that I heard the letter read M. Alford I cannot tell whether you might go out M. Love How long ago was this letter M. Alford I think it was at that time the King was at Jersy I cannot remember the month I think about two years ago M. Love VVas the letter sent to me or was it received by me M. Alford I did not say it was I gave the paper I brought over from Titus to William Drake and some two or three dayes after when we did meet at your house M. Drake read those papers for he told me they were the same but I cannot tell they were the same Mr. Love I desire he may be asked whether I did give my consent to the sending the pretended Commission he speaks of M. Alford Truely there was not any mans particular assent asked that I know of L. Pres Was it not agreed in the generall that it should be sent over M. Love I pray ask him this question did not I dissent from sending the Commission M. Alford I do not remember it M. Love For the businesse of mony he saith there was two or three hundred pounds raised do you affirm I raised a penny M. Alford I did not say it was raised but I say it was there propounded to be raised L. Pres This he did say There was a proposall for the doing of it and you did perswade the doing of it and he left ten pounds with his man afterwards M. Love Ask him whether there was not a letter at that time read that Massey was withdrawn at that time in discontent from the Court M. Alford I do not remember that particular M. Love Ask him whether the mony was sent to buy armes or raise forces or only to supply his wants he not having a livelyhood M. Alford It was not for armes but it was for Massey and Titus to supply their necessities M. Love But he proves not that I lent any M. Alford I do not say you did Att. Gen. Observe Sir there was a letter for armes at M. Loves house read there and M. Love did propound three hundred pounds to be raised and prest the doing of it accordingly M. Alford did likewise lend ten pounds you may beleeve there hath been tampering with this witnesse too My Lord ask M Alford whether there was not a letter brought to him by his Sister M. Alford My Lord after I had liberty for my wife to come to me she did give me a paper which I knew was my Sisters hand if I saw the thing I could tell but it did miscarry Captain Fisher My Lord the messenger is here in the court that did take the letter of which this is the true Copy word for word Major Alford withdrawes and Major Huntington is called into the Court and is sworn L. Pres What do you know about M. Loves house about the Commission and Captain Titus M. Huntington My Lord I can say that about March 1648. I met with Major Alford and he told me that Titus was in town and asked me if I knew him and I told him I and asked him where he was he said he was newly come from beyond Sea from the Fry there being Alderman Bunce I asked him where he was he said little to me but he said he was to meet him the next day at the Swan at dowgate that there was to be some Citizens in order to those Gentlemen beyond the Seas to speak with him there I did meet and the Citizens there were Col. Barton Col. Vaughan Captaine Massey L. Col. Bains and I think Hollis his man I am not certain of it but Captain Far was there the businesse at that time was only commendations from their friends there and to tell them that he was commended to their acquaintance And afterwards he grew into very high praises of the Prince and that he had the knowledge of it from a Scotch Lord I know not his name After this he told them the Prince was running very unhandsome courses and they had very great hopes that his own inclinations did not lead him to it but it was the Malignant party about him that had a prevalency over him there as over his Father here but he did rather incline to join with the Jrish Rebbels and did beleeve he would incline that way unlesse he could get something from hence to divert him from iâ— whereupon he did hope they would all set themselves that way and that he would get letters from persons of honour whom I know not that should perswade him into a good belief of the Scots and to take the Covenant after this there was a meeting again I think fourteen days after at the white Hart in Breadstreet and there I met too in the time that I was there I did understand there had been a meeting or two before in order to the businesse Captain Titus did declare he had now again letters from persons of honour to send to my Lord Piercy and did hope they would set something a foot amongst themselves of the like consequence for Massey Bunce and Graves could see no way under the heavens but for the King to take the Covenant and joyn with the Scots and to engage the Covenanting party here And to that purpose he draws forth a paper that did purport that they were bound in honor and justice and conscience and I think Loyalty to maintain him in his just rights if he would go and joyn with the Covenanting party in Scotland and that he had no other way under God but that which if he did they took themselves bound in Conscience to help him to his just rights Upon this L. Col. Bains makes objection to it and said it was a Malignant businesse and did fear there was no good designe in the thing
combination here is that men being before authority and in the face of Magistracy in such a Court as this is so eminent in the presence of it and so authorized as this is that men should dare to dally as they do and that Ministers should say they dare not speak the truth not when treason is hatched and contrived they dare not speak the truth that this man should be more precious though a traitour then the Common-wealth which should be preserved I hope we shall root these opinions out or some of the parties that hold them that I will say L. Pres Master Jackson you are one of the parties in these meetings you have been at their meetings and we require nothing of you but to speak the truth Saint Austine will tell you that to conceal a truth or tell a lie you had better let the world fall about your ears you are required nothing but to speak the truth and will you say this truth will be a torment to your soul are you a Professour of Jesus Christ a Minister of God the great errand you are sent hither about is to speak the truth from him therefore lay your hand upon your heart and do as becomes you as a Christian and as a rationall man and as one that will tell truth for by the Truth the world stands we are all no better then savage men if we have not judgement to tell truth one to another Att. Gen. My Lord Suppose Mr. Love should kill one of these men that doe hear the debate in the presence of Mr. Jackson and he should be called to give evidence and refuse it he may take away any mans life personall respects should be set aside when we come to judgement You see my Lord the person of this man how it is preferred by this man That which is the truth you are required to speak and nothing else L. Pres Have you any oath or promise among your combiners to be secret in this businesse Mr. Jackson Never in my life my Lord. L. Pres Will you take your oath Mr. Jackson I dare not my Lord. L. Pres What is your reason Mr. Jackson I have told you my Lord and I will tell you it again I am a man of a troubled spirit and I dare not do any thing that should cause a hell in my conscience to my dying day L. Pres Do you look to die Mr. Jackson Yes my Lord. L. Pres And do you expect to live again Mr. Jackson I trust in Jesus Christ I shall live again Att. Gen. My Lord I desire your Clerk may be commanded to give him his oath and â—e required to take it The Clerk tenders him the oath L. Pres Will you take this oath or not Mr. Jackson No my Lord. L. Pres Then I think you are the men that were spoken of before Jesuits and Priests they say you are none but you are their brethren Att. Gen. My Lord these go beyond Jesuits the Jesuits will swear with a reservation and these will not swear at all this man must be proceeded accordingly with for if this be allowed I conceive there will be no justice in England And in respect of the quality of his person function and gravity by so much is it a more pernicious example and it aggravates the thing every way L. Pres Let it be known here that it may be dispersed abroad and I thinke there are some of most Counties of England And this air is gone forth this very plot is secretly spread with some chief Ministers throughout all England Att. Gen. This right they have done to many of them that I believe it will make a more severe inquisition into these persons then otherwise there would be it is not bloud that is look'd after but confession and contrition I am glad that those that are not Clergy men do come in and the Clergy will not confesse at all The Court consults a while L. Pres Master Jackson For your refusing to swear the Court fineth you five hundred pounds and imprisonment during the pleasure of the Court. The Keeper of the Fleet is called upon and commanded to take him into custody Mr. Love My Lord I have some motions humbly to make to this Court. The first is to intreat your Lordship and the rest of the members of this Court that if I have let fall any expressions through inconsideratenesse or for want of skill in the Law that have been an offence either to your Lordship or to any I beseech you if I have spoken any derogating expressions or made any unseasonable motions that you would impute it to my ignorance L. Pres None of them shall hurt you Mr. Love Then I intreat this favour that I may have counsel assigned me Soliciters here in Court and in my chamber at the Tower and a copie of my charge and convenient time as the nature of the businesse requires my charge being long and I have not read a word of it nor the depositions that I may have I say counsel assigned me convenient time to bring in my answer I am confident through the good hand of God upon me I shall clear my selfe of all the treasons charged upon me and of all their aggravations through straines of wit and quillets of law by instruments of State I am confident I shall clear my innocencie that I shall not stand a traitour before you L. Pres They being instruments of State are instruments of God appointed by the State For your time you have all this afternoon Are you not ready Mr. Love I was yesterday nine houres lock'd up in that close room and in this place and I could not read one word last night not out of trouble of mind but through wearinesse being kept so many hours in the Court. Att. Gen. My Lord he hath had a fortnights notice of his triall to prepare for it My Lord wee have been two dayes and by the course of proceedings if the Gentleman had had his triall by a Jury both must have been dispatched in one day We are appointed to go on to hear his defence now or else on Munday Mr. Love I desire a convenient time to bring in my witnesses to make it appear how the witnesses against me contradict themselves I have not yet read the depositions of one man and I cannot read the depositions by Munday and to morrow is a day that some time of it should be spent in other imployments L. Pres To do justice you must run out of the Church and though you were at your prayers you must forsake praying and Sabbaths to do justice Sir this is of a higher nature then all your preaching and praying The Court consults a while together L. Pres The Court all agree to give you till Wednesday eight a clock in the morning Mr. Love I desire that I may have counsel here and in my chamber L. Pres You have shewed nothing these two dayes that raises any doubt in matter of
from or sent to the Scots were read there which I do not deny Again None of them swear that ever I did so much as read a letter in my house or other where that was pretended to come from the Scots or pretended to bee sent into Scotland Further None swear that ever I gave my expresse and particular assent to the sending away of any letter And none swear that ever I collected one peny of money either for the King or the Scots or any person in Scotland That which is affirmed by one testimony to wit by Alford that I moved for money I shall answer when I come to it Again None of the witnesses prove that ever I invited any person or forraigne forces to invade the Nations of England and Ireland which yet is laid expresly to my charge in the charge read against me None likewise prove that ever J plotted contrived or endeavoured to raise forces tumults or insurrections within this Nation against the present Government None swear that J was a correspondent Jndeed Adams in his testimony had these words which both the Notarie and my selfe took that he took me to be a correspondent but when J had your Lordships and the Courts leave to put this question to him Whether upon oath he would affirm J was one His answer was that he could not positively say J was so but he said he did conceive J was a correspondent but did not say J was so So that Sir as to these particlars there are none of the eight witnesses neither the seaven that have been sworn nor yet Master Jaquel whom J doe not take to be under an oath that doe charge any of these particulars upon me J have a word also to speak concerning the witnesses who are my accusers and J might say there is an incompetency in them as to their number There are many particulars sworn against me to which but one witnesse hath sworn to one fact and this J shall humbly offer to your Lordships and the Courts consideration J might alledge also an incompetencie as to their quality they are not onely persons accused of treason and so are not to be believed but they have made an open confession of that which is treason by your Act and so are not legales testes They have done that by an open confession which as J am informed is equivalent to a conviction they have confest sending of letters receiving of letters and lending of money But they have proved none of these things against me Now they having both given it under their hands and also publickly declared that they have done these things I cannot judge them competent witnesses against me but this I must leave to the Courts consideration Sir Concerning the incompetency of their number To that wherein two witnesses doe concurre I am concluded And wherein they have testified any thing true I would not deny it for all the world and wherein they agree in their testimony in a truth therein I will be candid and ingenuous to acknowledge it My Lord Though the Charge be long and my time but short and the depositions many sheets of paper and truely I could hardly read them over till late last night yet through the good hand of God upon me I shall labour to make as plaine and clear a defence as God shall enable me Sir In reading over the charge I observe that those things which seem most criminall against me are sworn to but by single testimony and I will mention with your Lordships leave a few particulars First Touching the letters said to be from Titus the effect of it being as was said to desire some to come over to Calice that he might give them information touching affaires at Jersey none but Far swears that this letter was read in my house The other witnesses some say it was read in one place and some in another Alford I remember he sayes he heard it from William Drake and Adams sayes it was read in William Drakes house but none but Far swears it was read in my house There is likewise none but Far swears that Major Alford was desired in my house to go to Calice to Titus neither Jaquel nor Potter nor Alford nor Adams nor any of the rest lay this to my charge it is onely Far that layes this to my charge and he doth it most untruly which I will make out unto you by an undeniable demonstration He says that at a meeting at my house the company did desire Major Alford to go to Calice Now if your Lordship observes Alfords testimony he tels you upon oath that he was never in my house till after he came from Calice nor ever spake with me in my life till after he came from Calice therefore could not be desired in my house to go to Calice So that Sir I will not lay it upon the badnesse of Far 's conscience but upon the badnesse of his memory I do not think he is such an Atheist to swear falsly deliberately but being ask'd so many questions as he was for he was ask'd fourscore and eighteen questions by Mr. Atturney and some of the Court he might easily say he knew not what And I saw the man was confounded and it was hinted to him what to say by the help of the papers and examinations taken from him in private and shewed to him in publick so that Sir I saw the man under a temptation I was loth to mention this then though I knew his testimony herein to be be false because I would not anticipate my last answer A 3d particular charged upon me by one witnesse onely is a copie of a letter not the Originall none swears that that Alford received from Titus and he told him it was a copie of a letter from the King Now Far he swears that the substance of the letter was to desire Commissioners to bee sent over to Bredah at the Treaty there now Alford who pretended to receive this letter from Titus being ask'd the question he swears that there was no such thing in the letter that he knew of Now truely if any did know the contents of that copie of a letter it must be Alford who brought it over I beseech your Lordship therefore to consider it and though the charge against me be very high and my condition very low and the opposition against me very great yet I hope I am in the hands of mercifull and just men and that wherein you see but single testimonies that therein you would be very tender in proceeding to a sentence against me upon those testimonies Again in the next place I observe a single testimony only in another businesse and that is Major Alford none but he of all the witnesses did swear that it was agreed upon among us that is at my house That a commission and instructions should be sent over to the Lord Willoughby of Parham Massey Titus and Alderman Bunce none I say but Alford swore this Adams
but one testimony Again None but Adams sware concerning a large Letter that for my part I never knew of till the day he affirmed it here in Court A large letter he sayes in the Nature of a declaration pend as he thought by Master Love or Doctor Drake wherein it should be said that they could not send mony till the Scots did appear more considerable and grew nearer to Action Yet he confesses he had no ground to say Master Love pend it And indeed he had not But Sir as for this letter though I durst not for a world deny any thing which I know to be true Yet God is my record to any knowledg I never so much as heard any mention of it And as for these words he speaks of to be in the Letter I know nothing at all of them Nor did I ever hear them as I know of till I heard him affirm them here in Court But if it had been so yet he is but a single testimony and I beseech your Lordship to consider that he says it was to this effect or this was the substance of it Now I hope so many Grave Judges and Lawyers that sit upon my life and so many conscientious men will be tender of a mans bloud when a man shall come in with evidence and shall shew neither my hand nor the letter nor the Originall neither copy nor transcript nor any thing but the vain rovings of a mans memory in things spoken or done so long ago And that a man shall come in against a mans life and shall only say that this was the summ or substance of it or it was to this effect And I being a Divine I shal not speak as to matter of Law that this is insufficient testimony but as a Scholer and one that studies the Scriptures I shall observe one memorable instance that pleads my justification in this particular and they are the words of Christ Christ said Destroy ye this Temple and in three dayes I will raise it up Now the Scripture in Mark says There arose certaine and bare false witnesse against Christ◠saying we heard him say I will destroy this temple c. I beseech your Lordship to consider that in this testimony of the false witnesses against Christ there is only the variation of a word and the addition of a letter there is the addition of a letter I and the alteration of the word ye for will there 's all for Christ did not say I will destroy but destroy ye and yet the Scripture takes notice of it that this addition of a letter and alteration of a word brought his accusers under a false testimony though they spake according to their intention for they did verily beleeve he spake of the Temple for they said Forty years was it in building So that I beseech you be tender in matters of blood I know you who are skilfull in the law do know that the proof of treason must be as cleer as the Sun Probationes opportent esse luce clariores Now when a man shal come against a mans life and cannot shew any letter that ever he wrote or that ever he did receive but shall only swear it was to this effect or to this purpose or I beleeve this was the substance of it I hope you are so wise and consciencious that you will passe no judgement upon this conjecturall evidence Another particular to which only one witnesse testifies and that is Adams he swears that I should say that if the Presbyterians were in Armes by the blessing of God malignants might bee prevented from getting the Day Truly I do not know what crime is in these words but as they may be wrested But Sir I do remember that this Adams hath often come to my house he said seven or eight times he might have said seven and twenty times for he hath come some times once or twice a week to my house to tempt me as I now perceive and hath offered me mony and would ask mee whether I knew any thing for a publick use that might require money And though I never suspected him yet so free am I from maintaining correspondencie or from having intelligence or contributing of money to maintain a war That I never received one peny of him in my life though I have been moved to it by him But I remember of late especially about a quarter of a yeer before I was in prison hee would come once or twice a week to my house and he pretended that he was wrought upon by me and that I had turned him from his malignant principles for he was very violent for Hamilton's invasion of England which I was and to this day am against and I did labour to possesse him what a mischievous design that was And so he pretended to be turned to my principles and upon this got some room in my affections but these words were not above a fortnight before I was committed to prison and I remember the occasion of them was this I was bewailing the great alienation and difference that there was between the Presbyterian and Independent partie though I do not love names of distinction and indeed thus I said That if the godly party that are now disunited and disjoyned both of the dissenting and the Presbyterian way were in arms there were no hopes that ever the Malignants should get the day And God is my record I spake nothing to him but to this purpose And thus through the good hand of God upon me I have spoken to what I observe in reading the Depositions wherein I finde but single testimonies against me I shall now crave leave which is the main of my work to run over the Depositions as briefly as I can for I shall not trouble you with large Speeches but being the Depositions were large and the Witnesses many your Lordship and the Court I hope will bear with me with the more patience if I speak more largely in it It is 〈◊〉 duty to speak for my self and 't is for my life The first Witnesse that 〈…〉 in Court against me was Henry Potter As to his testimony there are many particulars whic◠〈◊〉 was ask'd about me to which he spake but conjecturally As he thought and as he beleeved and as he conceived And when papers by M Att. Gen of his Examination were tendred to him he answered that then he had a latitude to speake more then he durst affirm upon Oath And upon this I shall humbly crave leave that I may make this motion to you That you would not in passing judgment upon me hearken to any private examinations which are extrajudicial to be brought in Court against me for most of the Witnesses had their private Examinations shewed them in Court and were read to them and they did not speak in their relations of what they knew but what they conceived and when they could not tell what to say then their Examinations were produced to
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
as to these Witnesses because the other part of answering the Witnesses belongs to the Atturney Generall for Master Love went over all the particular Witnesses My Lord I shall only say one thing and that is this concerning Mr. Love himself and it is only concerning this point My Lord Mr. Love himselfe did say He would be ingenuous so far as he took himselfe to be guilty But my Lord I know your Lordship and the Court observes that that ingenuity did follow the proof that was for the Common-wealth My Lord he confesses he was present at them he was silent after all these Meetings and Debates I mean the meetings after they began at his own house for I speak not of them that were at Dow-gate for there is no proof that he was there My Lord this he confesses and this he sayes is misprision of Treason Truly my Lord I must be bold to differ from him in that particular I take it that that he confesses is High Treason I shall speak a little to Misprision of Treason and so conclude My Lord Misprision of Treason is when a man hath notice of a thing that is Treason and hee conceals it now my Lord under favour the concealment must not be long it must not sleep long with him My Lord I remember an Axiome an Author hath in our Law and that is Bracton he hath a discourse of misprision of Treason he hath it in Latine sayes hee He that knows a Treason he must not stay in one place a day and a night but he must go on he must go toward the Magistrate Nay sayes he though he have most urgent businesse yet he must set it aside and go on and must not stay in any place till he hath revealed it Nay he sayes further He ought not to look back till he hath given information to the Magistrate The man that doth not after this manner forth-with reveal it this only is misprision of Treason But considering this case of Mr. Loves now confessing the fact he takes it to be misprision of Treason but I take it to be Treason it selfe My Lord I shall observe what Mr. Love did he was at these meetings these meetings were continued for divers dayes and months My Lord was there any discovery made by Mr. Love was there any revelation of his to any Magistrate Did he tell it to any man Nay Did he confesse it upon his Examination when examined Nay Did he not deny it when he came to the Bar before your Lord-ship Can this bee said to be misprision of Treason that a man should hold so long in Treason and not reveal it My Lord As every Treason includes a misprision of Treason in it so I conclude that misprision of Treason may grow up to treason it selfe Now when a man shall so long sleep upon it and be violent in it and not reveal it I take this misprision of Treason growes up into Treason it self My Lord I shall say no more of that but I shall conclude because the other part lies upon Mr. Atturney Generall who is better able to do it onely one thing I shall take notice of to your Lordship and I am troubled at it and that is That as he saith that he that hath been so much for the Parliament with whom he hath gone along and took sweet counsell together and hath been Active for and Passive with through all the passages of the late Warres that he should suffer from them this he saies stuck very much upon him But my Lord for him that hath been so much for the Parliament so familiar with their proceedings that hath been so active for them and hath suffered so much for them my lord for him to kick the heel against the Parliament for him after all this now even in the Infancy of this Commonwealth that this child should be destroyed and by one with whom we have took sweet counsell together And by one I may say this that though he had no hand in making this Common-wealth yet I dare say he had in the preparations to it for himself all along hath gone with the Parliament so that my Lord I take this to be an objection against him But my Lord I shall say no more in it but refer the other part to M. Atturney-Generall M. Atturney-Generall the third Councell for the Common-wealth At. Gen. My Lord I am sorry M. Love hath given the occasion of this meeting and of my speaking at present I could much rather have wished to have been silent but now I am drawn hither I am forced to it M. Love my Lord in the beginning of his Triall did desire God so to assist him that he might go through it with gravity meekness and wisdom as became a Minister of the Gospell I wish that God had heard his prayers that he had so gone through it what he hath done the Court hath observed My Lord in that part I have to do I do heartily desire I might doe it with faithfulness to you and the duty of the place I ought to discharge and to the Court. My Lord the work that this day lies upon me is to reply somewhat to what was said by M. Love in his own Defence and to make a faithful repetition to the Court and to doe the Witnesses and the Prisoner right to repeat that and that onely that hath been said And in that that J may do no wrong to mislead the Court and offer nothing to the prejudice of the Witnesses nor to the prisoner And truly my Lord I shall not in his own words have any tortured Collections nor any inferences nor strains of wit he hath showed his Oratory in his defence My Lord I shall show the simplicity of Law in the Reply My Lord the Charge hath been repeated to you and for that insisted upon by M. Love for the Witnesses and testimony you have had answer I shall not trouble you there hath been pains taken in it my Lord I think all men were satisfied that it was clear enough yet to make it more clear M. Love my Lord insisted upon one thing more and that is upon point of Time and the point of the Jurisdiction of the Court which by your favour I shall first begin with He stands charged he sayes for crimes done in 1648. 1649. 1650. and 1651. and those crimes he sayes were before this Court was or had a being and so had not power to take cognizance of them That my Lord J shall endeavour to clear to you and I think in much cleerness cleerer than the light as he will have his evidence He stands charged I say positively my Lord with no crime before a Law was emitted that did give an inhibition and was publish'd and known He stands charged with no crime before the Law was publish'd that did declare what the crime was and gave notice to beware My Lord that that was first was the Law that was made the thirtieth of January
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
Lord There is another witnesse and that is lieut Colonel Bains who I think was present only at this meeting and had enough of it and did leave it and yet was present at this and gave in evidence of what was there proposed I think he was present at no other meeting he was satisfied this was too much his Testimony as I take it was this for I shall read it that I may do no wrong to no party Bains said It was also proposed by Titus that something should be done in order to restoring the Presbyterian Interest by Application to the Prince and to assure him that he had a considerable party in England which look'd upon it as a duty and lying upon all of them by the Covenant And that it was necessary some what should be done by some Parliament men Ministers and Citizens that were leading active men that he might have an assurance that somewhat would be done for him and somewhat to the Queen Jermin and Piercy whom he said were their friends This my Lord was that which Titus said at this meeting and testifyed by Bains My Lord There is another Colonell Barton who was produced as an Evidence My Lord I think that he spoke not much more then to this and gave off here My Lord his Testimony was this for I do conceive under favour we have taken the very precise words spoken by them And my Lord so as spoken and taken so written and so my Lord read to you Barton my Lord said That Drake would have him to be a Messenger and to that purpose there were severall meetings at the Swan and White-Hart This was what Barton testified My Lord Then there was Major Huntington which was at this meeting and one more at Mr. Loves house which he full well remembers My Lord Huntington sayes this That about March 1648. in January was the Law published Alford told him that Titus was in town and that he was newly come from beyond the Seas from their friends Massy Bunce Graves and others and that Titus was to meet the next day at Dow-gate where he fell into high praises of the Prince and told them that though he was taking unhandsome courses yet they had great hopes his inclinations were otherwise Titus said further he feared his inclining to the Irish unlesse something should be gotten from his friends here to divert him that you remember was Mr. Loves charity too as you will hear anon Titus purposed to get letters from persons of honour to perswade him to a good opinion of the Scots to take the Covenant and to joyn with them Afterward they met at the White Hart in Bread-street where Titus declared that he should gain these letters and hoped to set something a foot to the same effect and there said they were confident they could see no way under Heaven for him else but by taking the Covenant and engaging the Scots against England to which purpose he drew forth a Paper purporting that they were bound in honesty conscience and loyalty to maintain and help him to his just Rights if he would go along and joyn with the Covenanting party in England and Scotland My Lord This is that now that hath past in proof by evidence concerning this first meeting at the Swan at Dowgate which I do humbly conceive was the rise and foundation of what followes afterward And this my Lord if true I suppose no man will say but that was Treason that was transacted there I do not say my Lord that Mr. Love was present at it nor as yet can I say knowing of it but what followes after my lord will bring him in danger My Lord Here you have heard was this meeting and what was propounded to be done here and how active Titus was and that he was to go you have heard by the Testimony to Piercy and it is not doubted by any but he did go thither it is not doubted by any but he was sent and did go thither To that purpose I shall now read you two witnesses more which I have caused to be transcribed too in the words as spoken by them as I do conceive that is Adams and Far That there was money agreed upon to send Titus to Piercy that there was money collected and that they themselves did contribute Adams he expresseth it thus That upon a meeting the place and time I remember not where I think were present Drake Titus Alford and my selfe and I cannot tell how many more It was agreed that Titus should go to Piercy the end of his going was to promote an agreement between the King and the Scots according to the Covenant and my Lord you shall hear in due time what that Covenant is that M. Love hath said in his late Defence In order to his going we did agree to furnish him with money for the present and made some kinde of promise to keep him while he was out about an hundred pound was furnish'd for my part I paid twenty pounds of it This is Adams The next is Farr He sayes He did understand by Drake that Titus who was here requested as one to be present at the Treaty at Jersey which Titus did undertake to go thither he undertook to go himself that after he was gone Drake desired Farr to let him have ten pound saying Titus was in want and upon this I lent him ten pounds the Letter was read at M. Loves house when he came from Calice So my Lord here is now under favour his proof before you of this meeting at Dowgate at the Swan there finish'd in Bredstreet carried over unto Jersey Titus the Messenger furnish'd with money by a party from hence in this Arrant as we told you My Lord all this while I do not hear of M. Love if he were My Lord he was like the Mole under ground but however my Lord Mr. Love hath carried himself as some have said like a Rat among joynt-stools a man can see him but cannot hit him But my Lord I doubt he will appear to be too busie in what followes and that he had a hand in it at first My Lord the next to go on with is this in time that when Titus finish'd his work at Jersey he was then to give an account to his Masters that imployed him and upon his return he was to doe it faithfully as he thought But being informed that the State had vigilant eyes and they discovered him what he had been doing there and he having notice from some of his stedfast friends here of it he thought it was not safe for him to come in person so that his guilty conscience kept him off But then he did desire that he might give an account by the hand of some others by their memories and for that purpose wrote a letter to whom I cannot tell I think to Drake The letter was written and under favour my Lord this letter from Titus was read in M. Loves house to have
of a Commission Commissionating my lord Willoughby of Parham Graves Titus Massey and Bunce to treat in the behalf of the well-affected party of England and to joyn with the Scots Commissioners according to such Instructions as should be therein inclosed And this question being asked What power have wee to give or send such a Commission Drake answered Wee have the Kings Command for it and the authority of some secluded Parliament men for J look upon them beyond the Power that is now sitting Whereupon Mr. Love replyed Come come let it go You have heard Huntingtons testimony and Mr. Loves paraphrase upon those words The next is Adams At the same time a Commission and instructions were spoken of at Mr. Loves house to be drawn up and sent As J remember Mr. Gibbons brought the rough draught J am very confident that Master Love was there some part of this time and it was in his Studie where this was generally consented unto The Jnstructions were there agreed also and read by Drake as J remember Sterks the Scotish Agent met with us sometimes at Master Loves house This is what was testified by Adams There is another to this and that is Captain Far William Drake read there a paper of the nature of Commission which was not agreed to by the Company because private persons had no authority to give Commission The Commission was in the name of the Presbyterian party A letter and instructions was then agreed upon The Commissioners were to be the Lord Willoughby of Parham Bunce Massey and Titus who was to move in the behalf of the Presbyterians Papers then were read to have been sent to the Queen to perswade the King to give satisfaction to the Scots But they were not assented to My lord I have done with this that concerns this meeting and now I shall apply that which I intended and spoke of before The Design you heard that my lord was at the Swan at Dowgate was treasonable enough in conscience high enough a partie imployed to agitate And though wee do not finde Mr. Love to have been knowing or privie to it at first yet my lord if there be a Treason hatch'd and designed a partie sent in it and any subsequent act of any other party that shall come into this and approve of it and joyn in it in what way soever This man my lord is guilty of the first transaction of Treason So that though Master Love did so walk under ground that wee cannot bring him in to be knowing at first yet I bring him approving at last And my lord though here be his first appearing it is enough and too timely And my lord Titus departing and an account given of all and for ought appears not to be proved by mee nor by any for the Commonwealth whether Master Love did approve or not or how far hee went in it But hee was present and at the debates and discoursings about it and actings in it My lord this is far from misprision of Treason for misprision of Treason is a bare silent act that carryes nothing of discourse nor debate with it it is a simple act of omission But when Treasons are hatch'd and are design'd and others shall come and treat and debate and discourse upon carrying them on my lord by the subsequent act hee hath approved of all that pass'd before and made himself partie to it Here is an account given by Titus of what had pass'd there this is brought into Master Loves house there are debates concerning a Commission whether they took the KING for the Authoritie or the King wrote of it it doth not much move mee A copie of a letter from the King was read there let them take it among themselves as they please Here was a Commission debated and Master Love acknowledgeth hee debated against it My lord under favour if hee had declared an utter dislike and as hee himselfe sayes a detestation and abomination against it But hee goes on though not in that particular yet in another and hee is guilty of all In Treason there are no Accessaries all present are Principles The crime of Treason is beyond the crying blood of murther one is but private the other is publike so as my lord though Mr. Love acknowledgeth that he so far owned the Narrative from Titus and the proceedings there the reading of it but did dissent from the commission and did speak against it and at present I shall take it so too yet for the instructions sent and for the commission named you have had four witnesses named to you my lord dissent will not serve his turne and yet to that there is not a pretence of a dissent from the instructions and what was sent and that is a consent and concurrence and that is an approbation of all precedent actions and makes himself a party in it and that is by one witnesse and my lord you have heard by Master Serjeant Witherigton that to every circumstance there needs not two witnesses but to the designe there must be two and Adams himselfe sayes it was propounded to have given Titus money as you shall hear by and by and Far tels you that there was going on so farre in it that a paper was read for letters to be sent to the Queen to move her to perswade the King but that was not assented to but it was moved among them My Lord The next thing I shall take as near as I can was when this was done and this transaction past over and the instructions sent that were agreed upon for Commissioners at Bredah then begins the troubles in Ireland You have heard of a Paper Book sent written in sack and returned a year after that comes next There was sent over from Colonel Bamfield Mr. Love says he knew not the face of the man but he lik'd his imployment it seems that would be privie to such proceedings from a man he knew not There came a servant over I take it from Bamfield and that was about Christmas last that is the time exprest after Dunbar fight My Lord This was brought the letter was delivered to Potter and their Superscription was singly with the letter L. which I may say may be better applyed to Master Love then to any other all circumstances considered yet I shall not conclude from it but though he sayes he had no letters directed to him I shall say as truly that they were directed to him as much as to any man else and a little more for Master Love was very unfortunate that these letters should be brought to him read in his house the transactions there and Mr. Love to have no hand in it this is hardly to be beleeved My lord in the next place are these letters that came from Bamfield if it please you for that I shall read Potter I received letters out of Scotland from Bamfield with the letter L upon it wherein was a large Narrative of the affairs of Scotland
sensible of it But my Lord look upon who hath been the cause of it let that he look'd into and every man will be satisfied in his own judgement and consceince whether Mr. Love were provoked or no or whether he hath not provoked the State to bring him to be thus exemplary in Justice M. Love sayes my lord I shall desire to make use of the paper I confess it is not so much the danger of my life I am a sickly man and I know a disease will ere long kill me whatsoever you doe with me but this grieves me more that I should suffer from your hands for whom I have done and suffred so much in my obscure station and according to my weak measure Had I been so dealt with at Oxford at the Juncto there but to be so dealt withall in Westminster-hall this troubles me And my Lord it doth trouble me to deal so with him My Lord whether may we or himself better take up this complaint Had the State been thus used by a Cavalier by a posest open enemy it had not been so much trouble to us you would have come to justice upon a little more desire than now But that M. Love a Minister a Minister of the Gospel a man that hath preached for us prayed for us acted with us gone along with us that he should go to undermine us that he should be joyned or in confederacy with others to undermine the State where he did live peaceably and quietly where none interrupted him he had a free liberty as much as a King in this Common-wealth Truly that M. Love should do this it is I think an aggravation and not an aggravation upon the Court or State that they should prosecute where a man is prosecuting them what hee hath done my Lord you have heard what his offences have been and who gave the cause that a Minister should doe this one that had a calling otherwhere and better to imploy himself than to meddle with States and Secular Affairs and these things to be done in M. Love's house and in his Study where he should have been studying better things My lord next he sayes I could not leave such relations as I have nor such a loving people and competent living as any Minister hath within London onely Conscience carried mee another way and till Conscience bee satisfied I cannot stirre one jot My lord this his Conscience I do not know what it hath to do in Government or what Mr. Loves Conscience had to doe in these affairs He had a calling of his own to use and should I goe out of my calling and meddle with other men I humbly conceive I were a busie body M. Love had a calling enough for any one man to imploy himself in and me thinks when he sayes he had such a relation to a loving people a competency of livelihood that he should not apply himself to return to them but to wander abroad and when we once wander it is hard coming in again till perchance we are fetch'd in again with the whip But my lord Mr. Love had other relations of wife and children which he might have look'd upon also and taken care of them In the last place he is pleased to say and that I believe hath carried on this design The Covenant Interest you have heard what Titus did what Drake did and what the rest did that all this it was upon the Covenant and the Covenant is urged I am sure to things the Parliament hath forbid M. Love is pleased to declare himself still to retain his old principles from which by the grace of God hee will not be taken off by any terror My lord you will heare by and by what the Covenant hee supposes leads him to and my lord I shall take it asunder and bring it next if you please that is the Covenant Interest Saies M. Love Though I own not the way of managing any papers I neither writ them nor sent them yet thus far I own the thing I confess it was agreeable to my judgement and conscience and I thought the interest of godliness would be more promoted if the King went into Scotland upon Covenant-terms it would be more for the good of the Nation M. Love No Sir those are not my words I said than to fall in with the Irish Rebells or to offer this Kingdom to the Spaniard I thought a greater foundation of trouble would be laid if this reception were not laid by that Nation and the Covenant hath a clause in it that we are to seek the good and union of both Nations and they are judged to be incendiaries and Malignants that not onely divide the King from his people but the Kingdomes one from another Now they declaring him to be their King according to my apprehension I thought it agreeable to my Covenant to pray and desire as a private man and no more that there might bee an agreement upon those terms consisting with Religion and the terms of the Covenant At. Gen. But had you gone on as a private man M. Love we had not stir'd you now My lord this is plain of it self what interest this Covenant-interest is till the King the people in the two Nations c. Truly my lord M. Love is pleased to express himself somwhat obliquely against the present Government He saith My Lord When I look upon all the Vowes Covenants Declarations Protestations of both Houses of Parliaments I find a sutablenesse between my judgement and them and am not conscious to my selfe of any thing I have done in opposition or contradiction thereunto I repent not of whatsoever I have done though I could wish the ends of that just War had been better accomplished then should we have been happy and united among our selves and honoured among the Nations round about us I am so far from repenting of what I have done both by doing and contributing and suffering in the Parliaments Quarrel that were it to be done againe upon the same unquestionable Authority for the same declared ends and against the same Malignant persons I should manifest as much readinesse of mind to engage according to my measure After this where he had mentioned his troubles at Oxford when a Scholler there and at London when he came to a Lecture here at Newcastle when he spake for the Parliament there and in Kent when he spake against the King there when these were over after this he had a little breathing whilst the two Houses of Parliament were in power This Gentleman was troubled in the time of the King in the time of the Bishops in the time of these Wars for being for the Parliament But I appeal to his own conscience and judgment whether ever he was troubled or disturbed by this Parliament or by this Government of the Commonwealth whether he had not as free and as full liberty to preach the Gospel to instruct others and to save souls as his heart could wish
and when you have had time already now shew something that may be worthy of it and we will consider of it Att Gen. Before he speak my lord I desire that he will give it under his hand positively not queries but positive that this in his judgement he thinks fit to be matter of Law and to be argued M. Hales My Lord we think that these things are such L. Pres Then you must upon the first sight open it so far that it may be your judgement At. Gen. But not suffer it to be debated unless you think it doubtfull M. Hales We are here assigned councell for him and if your Lordship will please to give us that time that may be convenient for us to doe our duty for him if not wee shall doe but your Lordship wrong and our Client wrong if we should speak L. Pres You may have some convenient time but you must open it now that we may judge what time is proportionable if you will not open it that this is the point you will argue upon we can say nothing M. Hales Then the reading of that which we have exhibited to the Court will be as much as possibly I shall be able to do at this time for we have had no copy of the Charge L Pres Nor must have M. Hales And we have taken a copy at random according as it hath been offered to us by those that have taken notes and we have presented upon those Notes and we have applied our selves to M. Atturney for a copy of the Charge and he conceived that it was not fit for him to do it without direction of the Court but for a copy of the Charge when Exceptions are taken it is usuall to have it granted and for us to speak and spend your lordships time upon matters that are contained in a Charge whereof for my own part I never heard and which is usuall upon Excceptions offered to be granted it would be very L. Pres It is an excellent thing to speak to men of understanding did you ever know an Inditement in this nature a copy of it delivered upon the prisoners prayer M. Hales Yea I have known it very often L. Pres He shall as his memory serves him speak to the substance but to have a copy of the Charge I take it you have not known M. Hales Thus far I have known it I have been commanded to be of counsell with persons that have been impeached of Treason by the Parliament I know that the Archbishop of Canterbury when hee was impeached of Treason had a copy of his Charge that I know he had I know this is the usuall course that if a person takes Exceptions to a matter contained in an Inditement though it is true he shall not have the copy of the whole Inditement yet he shall have a copy of so much whereupon his Exception growes that hath been done and will not be denied but for the other matter I know that in the Archbishop of Canterburies case there was a copy of the whole Charge granted and the like was done in the case of the Lord Strafford At. Gen. I shall give that answer a little more then I did Parliamentary proceedings are no rule for other Courts to walk by besides my lord you sit here upon a known published Law and the offence charged is against those Laws I believe M. Hales well remembers that both my lord of Straffâ—rds case and the Archbishop of Canterburies case were both of them for many severall facts severall times a long time committed which severall facts being judged by Parliament were judged to be Treason not against any setled positive Law And for Straffords case you know how the judgement at last was given by Act of Parliament King Lords and Commons And for the Archbishop of Canterburies case you know what the severall complaints against him were many of them not Treason but so many of them together that in Parliament they thought fit to judge him guilty of Treason but those priviledges are not to be paralleld he knowes very well it was not against such and such and such a law to make those offences Treason Having given thus much favour I may say to the Prisoner that he may by memory exhibit his Exceptions he hath done it if you judge that those Exceptions are worth the debating be worthy of it you may as M. Hales saith give directions for so much to be given him otherwise for my part I did never give it unto any but those that have been in my place before did never give it but by immediate Warrant from the King or the Parliament now but for so much as the Court thinks fit for so much as concerns the Exceptions Sir Tho. Witherington For that that M. Hales objects to the Inditement it stands with a great deal of justice for if a prisoner layes hold of part of an Inditement and say there is a mistake in it there is reason it should be so because the Court must judge it whether it be so or not therefore there is necessity of it that there should be a copy of so much but I think he never knew that all the Inditement was but that part and that is of necessity for the Court that they may see whether the Exceptions accord with the Inditement or no if there be any Exception to an Inditement if that Exception remains not as a doubt or question there shall be no copy of so much of the Inditement given if he shall raise a doubt that there is any doubt in law or any question and variance between the Acts and the Charge if he shall raise any such doubt then I think according to the old law he may have that part of the Charge but we desire he may raise some doubt to the Court. M. Hales My Lord we have raised the doubts and we are ready to deliver in those that we conceive to be Exceptions to the Charge if we be over-ruled in them we have no more to say but if your lordship upon the view of these things we have offered think them worthy to be spoken to before your Lordship then surely that is agreeable with that very rule which the Councell of the State is pleased to state that is that in case we alledge that which the Court shall thinke fit for us to debate before them that then we may have that whereby it may appear whether we debate upon that which is or is not At. Gen. M Hales saith he hath given them in but I have seen none of them my lord L. Pres Whether their memory be perfect or imperfect that we shall help you withall and then I will tell you what you were best do for time goes away we will before you take it take the severall Statutes and the Charge and your Exceptions and compare them altogether before you and you shall except to every one as you go At. Gen. I desire the exceptions may
tender hearted Husband CHRISTOPHER LOVE Master Loves last Letter to his Wife on the day he suffered My most gracious Beloved I Am now going from a Prison to a Palace I have finished my work I am now to receive my wages I am going to heaven where are two of my children and leaving thee on the earth where are three of my babes those two above need not my care but the three below need thine It comforts me to think two of my children are in the bosome of Abraham and three of them will be in the arms and care of so tender and godly a Mother I know thou art a woman of a sorrowfull spirit yet be comforted though thy sorrow be great for thy Husbands going out of the world yet thy pains shall be the less in bringing thy child into the world thou shalt be a joyfull Mother though thou beest a sad Widdow God hath many mercies in store for thee the prayers of a dying Husband for thee will not be lost To my shame I speak it I never pray'd so much for thee at liberty as I have done in prison I cannot write more but I have a few practical counsels to leave with thee viz. 1. Keep under a found orthodox and soul-searching Ministry Oh there are many deceivers gone out into the world but Christs sheep know his voice and a stranger will they not follow Attend on that Ministry that teaches the way of God in truth and follow Solomons advice Prov. 19.27 Cease to bear instruction that causes to erre from the ways of knowledg 2. Bring up thy children in the knowledg and admonition of the Lord the mother ought to be a teacher in the fathers absence Prov. 19.27 The words which his mother taught him and Timothy was instructed by his Grandmother Lois and his mother Eunice 2 Tim. 1.5 3. Pray in thy family daily that thy dwelling may be in the number of the families that do call on God 4. Labour for a meek and quiet spirit which is in the sight of God of great price 1 Pet. 3.4 5. Pore not on the comforts thou wantest but on the mercies thou hast 6. Look rather at Gods end in afflicting than at the measure and degree of thy afflictions 7. Labour to clear up thy evidences for heaven when God takes from thee the comforts of earth that as thy sufferings do abound so thy consolations in Christ may abound much more 2 Cor. 1.4 8. Though it is good to maintain a holy jealousie of the deceitfulness of thy heart yet it is evill for thee to cherish fears and doubts about the truth of thy graces If ever I had confidence touching the grace of another I have confidence of grace in thee I can say of thee as Peter did of Silvanus I am perswaded that this is the grace of God wherein thou standest 1 Pet. 5.12 Oh my dear soul wherefore dost thou doubt whose heart hath been upright whose walkings have been holy c. I could venture my soul in thy souls stead such a confidence have I of thee 9. When thou findest thy heart secure presumptuous and proud then pore upon corruption more than upon grace but when thou findest thy heart doubting and unbelieving then look on thy graces not on thy infirmities 10. Study the covenant of grace and merits of Christ and then be troubled if thou canst Thou art interested in such a covenant that accepts purposes for performances desires for deeds sincerity for perfection the righteousness of another viz. that of Jesus Christ as if it were thine own Oh my Love rest rest then in the love of God in the bosome of Christ 11. Swallow up thy will in the will of God it is a bitter cup we are to drink but it is the cup our Father hath put into our hands When Paul was to go to suffer at Jerusalem the Christians could say The will of the Lord be done Oh say thou when I go to Tower-hill The will of the Lord be done 12. Rejoyce in my joy to mourn for me inordinately argues that either thou enviest or suspectest my happiness The joy of the Lord is my strength oh let it be thine also Dear wife farewell I will call thee wife no more I shall see thy face no more yet I am not much troubled for now I am going to meet the Bridegroome the Lord Jesus Christ to whom I shall be eternally marryed From the tower of London 22th August 1651. The day of my glorification Thy Dying yet most Affectionate Friend till death CHRISTOPHER LOVE FINIS Psal 7.10.12.5 John 2 19. Mar. 24.57.58 This passage of C. Potters Mr. Love I have news to shew you was through some mistake left out of his Depositions Pro. 6.13 2 Cor. 1.10 Job 5.19