afflicted I leave it to your own consciences to make application Many things else might be suggested against me and all to exasperate and exulcerate your minds against me to make you with lesse regret of conscience to passe a dolefull Sentence upon me which J hope you cannot and for the fear of the Lord you dare not but if you should and so J have done J will say to you as Jeremiah did to the Rulers of Israel As for me behold I am in your hands do with me as seemeth good and meet unto you but know yee for certain that if ye put me to death ye shall surely bring innocent blood upon your selves But J will say as the Apostle did I hope better things of you though I thus speak And thus J commit my self and my all unto God and to your judgments and consciences Attourney-Generall's present Reply to M. Loves Defence M. Attourn Gen. MY Lord you have heard him say much and it had been much better for him if he had said less My Lord when men go out of the way of their own calling they very often erre and truly I may attribute much of M. Loves confidence to his ignorance My Lord to his ignorance of the Law and when men meddle beyond their own bounds they doe transgress M. Love hath made you a continued Speech My Lord I do finde the old Proverb commonly true In multitude of words there wanteth not evill And should I say nothing against M. Love my Lord he hath said enough against himself in that that he hath now repeated even to his own condemnation in that which he acknowledgeth my Lord I cannot say ingenuously though himself hath said so to be rather a misprision of Treason and a concealment My Lord acts of concealment are not so long continued they have not so long continuance And my Lord you very well know for the satisfaction of the Gentleman at present and some else that hear me that he that heares a Treason for I do go now a little in his own way he that hears a Treason must not look back before he go to the Magistrate and reveal it and if he be at the Plough he must leave his Plough if this Gentleman were in his Pulpit he must leave his preaching he that knowes a Treason must go presently and reveal it there must be no repetition of Treason My Lord M. Love my Lord will be mistaken in that But truly my Lord I was very sorry considering the condition M. Love now stands in to hear those expressions from him that he hath made to you in relation to the past and present Authority my Lord I am not willing to repeat them M. Love must hear of it another time truly my Lord here is little of ingenuity all men will believe in this Gentleman that hath now laid it for a principle to himself and all that shall hear him and I think it not to be so Christian so ingenious not to confess any thing any time but that is ingenuity that what is proved that he wil confess and that is a high piece of ingenuity that those things that are proved he wil ingenuously acknowledge I my Lord I do not take that to be ingenuity neither in my Law nor I believe in his Divinity wil it be My Lord there hath been a great deal of care and pains taken by M. Love to take in pieces the evidence I shall not undertake now to joyn them together but in convenient time I shall I doubt not for the satisfaction of the Court and their judgements who I must say have been threatned by the Gentleman and my Lord I hope for the conviction of himself My Lord he knowes there are shrewd pieces against him that he hath acknowledged but he would take them off one by one but when they are put together they will not be single evidence nor single testimony nor single facts but a continued reiteration and repetition of Treason a continued and Series of time My Lord you are pleased to observe that himself doth appear from 1648. to 1651. so that in 1648. 1649. 1650. and 1651. in all these years my Lord there hath been this constant repetition and transacting of Treason My Lord I learn from him and 't is very true It is not good dallying with holy things nor is it with States and Common-wealths it is very bad dallying with them those that flutter there will burn their wings at last and it is not Quirks of wit nor strains of sense or non-sense will my Lord clear these things it wâ—ll not do it my Lord. My Lord he hath desired you will not hearken to private examinations my Lord I have said so too and there hath more been offered to you but that which hath been publike and viva voce all have been so But surely my Lord I could wish this Gentleman and all others of his profession would meddle in their own Sphere and not to walk out of that to come and teach Courtâ— what they should do to teach the Magistrate what is his duty My Lord I do hardly think it belongs to them ever in the Pulpit to do those things But to tell us we must not examine before-hand and ask questions in private My Lord we cannot then be prepared for Felons and Treasons And my Lord J say this confidence is much from his ignorance for these things are very familiar and must be continued to be done so that these things are not well broached by him and I do think he will say at last he understands not himself and those I hope that hear my Lord will say I do not use it for my Lord I must say it must be otherwise in all well-governed Common-wealths My Lord he hath not denied but acknowledged Meetings at his house more than once twice or thrice And truly I did expect from this Gentleman that he would not have continued those fearfull imprecations of calling God to witness that he did never write Letter nor send Letter nor lend money I had thought he would not have gone upon these equivocations Did he never move other men to write Did he never move others to lend money It is not to say this and this I have not done but I had thought he would have cleared himself totally of any guilt that way either in relation to receiving or hearing Letters read or lending or receiving money or moving for money My Lord to put it upon a particular Case this will not blinde the eyes of Justice but you will be able to see it He is pleased to say my Lord he will not lay it to the badness of the Witnesses consciences but to the badness of their memories my Lord I hope in conclusion their memories will appear to be right and some bodies conscience else to be bad And my Lord for to hear this said by this Gentleman that is a Minister of the Gospell that it is a crime for these men to
did not say that Mr. Love did disagree to the sending the money to Massy and Titus So I have done with that particular likewise the receiving letters from Massy and of the account from Scotland and the fight there That which Adams saith Mr. Love having replyed unto it concerning a letter writ to the Generall Assembly and Kirk of Scotland and in that my Lord he is pretty positive Adams Testimony is There was a letter written to the Generall Assembly and Kirk of Scotland at Mr. Loves house Mr. Love was sometimes present at this meeting which letter was taken to be penn'd by M. Love and Mr. Drake and I thought it to be so because of the language of it and that after Drake escaped all the meetings I know of were at his house and so my Lord say some others Being examined he sayes I saw letters which were read in Mr. Loves house Mr. Love was present and privy to the debating of them and did not declare any dissent My Lord I have now done with these particulars you have seen Mr. Love at the end though you found him not at the beginning it is not good to come at the ending of the Quarrell But my Lord under favour by the lawes and rules of Justice if any ill thing be contrived and plotted and afterwards any other person shall come into the contrivance of it and carry it on My Lod I think I shall not need to say much in it but he is culpaple and guilty of the whole from the first to the last And that Mr. Love should be but a meer Spectatour a meer concealing person it is very hard to be beleeved by any that are rationall men for after that once Titus hath done his errand at Jersey and gives his account here my Lord that his transactions and the subsequent imployment all that we know of are all transacted and carryed on in Mr. Loves house in Mr. Loves Study in Mr. Loves presence It was not one or two or three times which had been enough and very well had it been for Mr. Love if he had done as Bayns did or as Barton did they when they heard though that were too much for them My Lord to conceal as they have done yet did confesse it when required they left off when they heard of it they would go no further in it they knew the danger of it Mr. Love my lord as you will hear anon by what himself hath proposed what judgment and conscience led him to carry on this it was a conscience of his own Covenanting interest and principles for the Scots and Religion that led him on to carry on this Design My lord I have done with this that is the evidence against him for Application to it you have heard the severall lawes read before the charge opened that man is guilty of High treason and is a Traitour by the lawes of the land now that doth any way promote declare or publish Charls Steâ—art to be King of England My lord you have heard the evidence what Titus hath plotted what Drake hath carryed on what Mr. Love hath approved of and how far he hath consented and joyned in the design My lord I shall say it again if Titus and Drake be traitours as their own guilty consciences have made themselves judge themselves so he that flies confesseth the fact My lord they are fled My lord if they be traitours Mr. Love must be the same with them for Mr. Love was carrying on and hath agreed and concurred and approved of carrying on the Design that Titus and Drake have acted Consenters and Agents are to have the same punishments in Treason there aâ—â— no accessaries My Lord the next point is this the next Act is that of the 17. of Janury 1649 Having given you the evidence you will give me leave now shortly to repeat the Law The first is for promoting Charls Stewart c. That if any person shall maliciously and advisedly plot contrive and endeavour to stir up or raise forces against this present Parliament and for the subversion of the same and shall declare it by any open deed c. My Lord Mr. Love is pleased to expresse himself that none can accuse him nor none have sworn against him that he hath raised any Seditions any Insurrection any Rebellions my Lord I cannot say it fully whether he be guilty of that or no but this I will say the judgement I shall leave to the Court upon the evidence heard if Mr. Love be guilty of any thing moving or tending towards the raising of Forces Seditions or Rebellions though the thing be not done yet my Lord it is Treason those practices those purposes are Treason by the law though they never come to act we shall not look I hope to see a Rebellion raised before we shall say it is Treason and endeavour against it but for that how far he is guilty upon the evidence of being instrumental of the war in Scotland and to have endeavoured to have a party got in England my Lord I shall leave it to your judgment upon the evidence you have heard My Lord There is likewise another in the same law If any person procure invite agree aid or assist any Forraigner or Stranger to invade England or Ireland or adhere to any Forces raised by the Enemies of the Parliament or Common-wealth or Keepers of the Liberties of England this is High Treason for this you have heard the evidence what Mr. Love hath done towards this still upon the same foot of account it is Treason though but proposed and intended though not acted then there is another clause upon the law that Mr. Love hath insisted upon of constituting this Court But for those former I have said and you shall give me leave to repeat it again that these lawes offended against though in time before this Court was constituted yet this Court hath in expresse words commission and Authority given them by the Parliament to take cognizance of all Facts and offences done after that Law though done before your Commission and that my Lord is not to be doubted to be a very good and legall Authority And yet for this the law that constitutes this Court of the 26 of March 1650. That no person after the 29 of March 1650 shall give or hold any Intelligence by letters messages or otherwise with Charls Stewart James Stewart or the late Queen their mother or the Councell abiding with any of them prejudiciall to the Commonwealth or with any that shall be in Armes against the Parliament of England or shall bring or send into England Ireland or any Dominions of this Commonwealth letters messages or instructions tending to raise insurrections or a new war within this Nation and shall not forthwith reveal the same to the Speaker of the Parliament or to the Councell of State or two Members thereof or to two Justices of Peace shall be guilty of c. that is a clause
and I desire to know whether ever the Parliament did enterpose with him till he did interpose with us He went out of his way my Lord he was quiet and safe in as much security as any of us and my Lord even those that were the Watchmen for the safety of this Commonwealth did watch and take as much care even for his preservation as for any one of ours and thus he hath required them My Lord I will repeat it I appeal to his own conscience and to any of his friends here whether ever till his judgement and conscience did interposâ— in State affairs to dispose of Kingdoms and Commonwealths whether ever 〈◊〉 were in the least interupted My Lord He sayes himselfe when he came to be a Lecturer in London the Bishop would not admit of him in three years yet my Lord he is admitted here three years and none hath interupted him and your selfe say you have a competent livelihood and a people very loving to you and you might have so continued if you would My Lord His proposalls to the Court I do say were hardly fair proposals for they had a little of threatning in them For sayes he if you censure rather upon a Politicall interest then of the meâ—rit of the Fact the Scripture counts it not justice but murther Truly my Lord I think justice is a politicall interest the preservation of the Generall but surely I do not think the person will come in judgement before you but the merit of his Fact and as yet I may say I suppose the Treasons hee hath committed if those find him guilty if the Court finds him guilty of those facts laid to his charge and if you are satisfied in your judgements that they are proved my Lord it is Justice not murder and it is Justice that which politicall interest requires of you that Justice be done upon the Prisoner And he is pleased to say in his last Defence That he denyed the commission to be sâ—nt and entituling the Presbyterian Party to it and he hath acknowledged it had been very high presumption if they should have done it and a notorious false-hood and in that I joyn with him and whether he hath not done so my lord that I shall leave to you That the Presbyterian name was made use of you have had many concurrent evidences and Mr. Love was present when these things were mentioned and if it be a fault which himselfe hath acknowledged it is right done to the Presbyterian party who I am sure will not owne him in it My Lord But a word more this last day he was pleased to mention his Sermon which made me a little to enquire after it it was preached at Uxbridge my Lord I had the honor to be at the Treaty which hath been so much spoken of and truly I wonder this Gentleman did not remember what he said then if you please my Lord I shall put you in mind of some passages I have the Sermon here Mr. Atturney Generall reads out of the book which he said was Mr. Love's Sermon I have ever thought that too much mercy towards Malignants hath made more Delinquents then ever Justice hath done Mercy should not weigh down Justice my Lord these are good Instructions in God they are both equall why should it not be so in man Pity to the bad hath proved cruelty to the good the sparing of offenders hath made many worse few or none better and my Lord we know it To them that have shewed no mercy let judgement be shewed without mercy much guilt contracted much innocent blood spilt which either must be avenged on us or by us My Lord that is one of his clauses and here is another 2. The Lord heals a land by cutting off those distempered members that endanger the health of a land here is good Doctrine my lord It was the Lord troubled Achan and cut him off because he troubled Israel Oh that in this our State Physitians would resemble God to cut off those from the land who have distempered it I suppose he meant or shall do that my lord was his opinion then And those who lie under the guilt of much innocent blood are not meet persons to be at peace with till all the guilt of blood be expiated either by the Sword of the law or the law of the Sword and a Peace can never be safe nor just till then What M Love hath indeavoured since my lord I shall say nothing and I have but one word more and it is this my lord he sayes it is not likely to have a peace with such men as these the malignant party while they continue thus We can assoon make fire and water agree yea I had almost said Heaven and Hell as their spirits and ours for either they must grow better or we worse before we can agree My lord I thinke there is little hope of their growing better and my lord we have not grown worse My lord I shall trouble you no further I shall use nothing of aggravation but as justice is blinded to let the evidence appear to you in pure nakedness My lord you have heard the evidence as I humbly conceive in the same language in the same habity in the same words as spoken by the Witnesses And my lord having heard those and the Lawes and the Charge against him upon the whole I shall humbly leave him to stand or fall by your justice and judgement M. Love My Lord I humbly crave leave to speak but one word M. At. Gen. hath replied to my Defence as to the matter of fact concerning his Reply I shall not insist upon it yet I shall humbly crave leave to insist upon two particulars At. Gen. If I have given any new evidence Mr. Love ought to be heard but my Lord I have declined it and for those passages in his Sermon I do not urge one word of evidence against him and for the rest they are his own words which he hath said the last day and I have brought nothing new before you and if the Sermon preached at Vxbridge should be an occasion I shall cast it aside Mr. Love I humbly conceive there are new suggestions expressed in Court by those worthy Gentlemen whose names I know not nor their imployments neither but as to those I shall humbly crave leave in a word or two and then as to the whole matter of the depositions I shall humbly offer some matter of law arising upon the whole matter given in At. Gen. I shall crave leave too my Lord and leave it to you for any suggestions they are but suggestions as Mr. Love sayes himself and that is nothing for the evidence Mr. Love my Lord had the last day I should have this day had he said he had any thing to say or if he had had any thing more he might have said it I did wait if he would have said any thing But my lord when the whole was clos'd
and no new evidence I did not answer all the suggestions of M. Love the last day his evidence depositions wil conclude the Court that it is not suggestions and insinuations the Court are above those when the evidence is clos'd for the Common-wealth let it be concluded there if they offer any now evidence Mr. Love may have liberty to answer M. Love Though I dare not tax M. At. Gen. for discharging his duty in his place yet for the preservation of my own life I must not be wanting to my self if your Lordship and the Court will give leave and that is humbly to beseech your Lordship to take notice that M. At. Gen. in the relation of the matter of fact in the depositions is pleased to raise the correspondency as he is pleased to call it as high as Jersey and so makes me to be Particeps criminis that I should be judged by you upon the whole matter now Alford upon oath did declare that Drake Titus held correspondency that the Ministers knew nothing of it At. Gen. I do not say you did M. Love Therefore I beseech you I may not be judged upon that matter and then I beseech your lordship to observe that M. At. Gen. is pleased to say he would no insist upon inferences nor strains of wit but truly I have discerned both L. Pres You totally err from the way you ought to walk in and take upon you to judge others The Court will consider whether he hath offer'd any thing or not we have Notaries and so have you you spent the last day only in making Comments Collections yet that you might have some liberty of discourse we sate here patiently two hours and did hear that which we ought not nor you ought to have spoken and now you are entring the same way of inferences and collections as though we did not sit here to take notice of what was done but we must receive the last word from you and your Comment if you had had new matter the last time you might have been heard we expected you would have brought new witnesses but they were in the same crime with your selfe and you would rather betray your self then them and God and the Truth than them but wee will bee as carefull of any Comments as you your selfe can bee and thinke that wee have so much piety and charity that wee sit here with as good affections of Justice and Piety as are in your own brest this book was not given as evidence against you and all that is in your comments we shall understand it Mr. Love My Lord I have only one motion I have some matters in law to offer to your lordship to consider by way of exception to the Charge and also to the depositions of the witnesses I have a paper that I humbly desire might be read in Court as matter in law arising from the Charge and from the depositions of the witnesses At. Gen. Why did you not this before Mr. Love I am ignorant of the customes of the Court. L. Pres I beleeve you have wronged your own brest in many things you have said and you have said you have been ignorant in many things that you have known very well it is not good to dally you will be ignorant at one time and at another time more knowing then others Mr. Love I beseech your Lordship it is a new suggestion of the Att. Gen. that concealment of Treason for a tract of time is Treason L. Pres There is no new words of suggestion if Mr. Atturny hath not spoken it not read it according to the truth we will examine it Mr. Love He hath done it with disadvantage to me L. Pres If he have he shall not do it with disadvantage to us for we will be as indifferent as your own breast therefore be not you a commentator of that we understand so well as God inlightens for whether hee hath done it with advantage or disadvantage that is our part to consider Mr. Love I desire to have councel upon this matter of law arising from the evidence that concealment of Treason by your Acts suppose it be for continuance or tract of time yet by the law it is not Treasons and my concell informs me that the Act of the 26 of March that constitutes this Court gave you power to inquire into Treason but could not take cognisance of misprision of Treason till there was a subsequent Act therefore I desire this favour that seeing it is so much suggested in Court and seeing the witnesses none can prove a personall Act of mine to bring me under your law as to Treason I desire my councell to clear this that concealment of Treason though for never so long atract of time is not Treason by the law of the land At. Gen. I will out Mr. Love of that scruple he is not charged for misprision of Treason though I could have done it but that I insist upon is flat Treason It is true S. Thomas Witherington was pleased to expresse it in the way of Argument that concealment of Treason long comes to be Treason but here are acts and I insist upon the evidence and the Court will judg for they have heard the evidence Mr. Love I beseech your Lordship that the paper might be read the exceptions that I have against the Indictment and the matters of law arising from the evidence At. Gen. My Lord Truly I professe I hope I am not in my nature cruel that I should do injury to Mr. Love but my lord I cannot favour him to do injury to the law of the nation My lord he hath one by him that hath taken every word of the charge M. Love I did plead upon your lordships promise that I should have a fair and indifferent hearing and if matter of law did arise from matter of Fact which could not you said be known til the witnesses were deposed I had your lordships promise and I think the Courts that I should have counsel to plead to matter of law At. Gen. My lord I think here is no legislative power in this Court to change lawes My lord I appeal to all here whether the evidence we gave were not closed upon Saturday and all the depositions whether Mr. Love did not take care and pains to make his owne Deâ—ence as to matter of fact and spent so many hours on Wednesday last My lord he had all before that if he had matter of law it was more proper to move then but when he hath gone so far and we have closed all do but consider the consequence that when this is done and all the evidences heard then to come with matter of law L. Pres Mr. Love that you have said hitherto is nothing but of the same nature of that you said the last day and the Court will take it into consideration and judge of it but if you have any thing in your paper that is so included upon
stand as they are L. Pres I but hee shall see whether there be any materiall variance between the Notary and the Charge At. Gen. That Notary was upon favour too Mr. Love will acknowledge it Mr. Love I do with all thankfulness acknowledge it my lord At. Gen. I desire it may be no president for after-times The Clerk If you please read your Exceptions M. Hales My lord we begin with the first and these are the Exceptions We take it that Charge is grounded upon the Act of the 17th of July 1649. and we take some Exceptions to that first part of the Charge that is concerning what offences shall be adjudged Treason L. Pres Read your Exceptions and then you shall hear the Charge M. Hales Our Exceptions are these first that whereas the words of the Act are That if any person shall maliciously and advisedly plot contrive or indeavour to stir up or raise Forces against the present Government or for the subversion or alteration of it that the words maliciously or advisedly are left out of the Charge which we conceive are materiall words At. Gen. Read M. Barnard the Clerk That he the said Christopher Love as a false Traitor and Enemy to this Common-wealth and Free-State of England and out of a traiterous and wicked design to stir up a new and bloody war and to raise insurrections seditions and rebellions within this Nation did severall dayes and times in the several years of our Lord 1648. 1649. 1650. 1651. at London and in divers other places within this Commonwealth of England and else-where together with William Drake late of London Mercer Henry Jermin late of London Esquire Henry Piercy late of London Esquire Richard Graves late of London Esquire Edward Massy late of London Esq John Gibbon late of London Gentleman c. and other their complices yet unknown did traiterously and maliciously combine and confederate themselves together and plot contrive and indeavour At. Gen. What say you M. Hales M. Hales Now we find what the inconvenience is of coming to put in our Exceptions when we have not a cleer copy of the Charge and that was the cause why we did subjoyn this that in case any mistake arise by mistake of the copies that we may amend it it is true we find maliciously is in At. Gen. Traiterously will be enough M. Hales I think not that is oveâ— for if it be maliciously alledged that is over Then the next thing we except to is he traiterously combined confederated and complotted together it is true there is plot in it but there wants the words contrive and indeavour but that is not the principall matter wee stand upon The Clerk They are in M. Hales Then that is answered too The next Exception that we take to the Charge is that the Act upon which this part of the Charge is grounded sayes that he must manifest it by an overt Act by an open deed now we say there is as we conceive nothing charged upon him in pursuance of this Act that is there is no overt or open deed laid in the Charge for the words of the Act are so that if any man shall maliciously plot contrive and endeovour to stir up or raise forces against the present Government and shall declare the same by open deed that then every such offence shall be Treason At. Gen. If M. Hales hath read the copy of the Charge as it was taken I think he findes divers of them in the Charge of open acts M. Hales The business is not whether there be open deeds but whether they are applied to this Act or be Substantive Charges of themselves At. Gen. I would ask him whether that open act must be in the Inditement or in the Evidence M. Hales In the Inditement it must be expresly laid in the Inditement or els it is no good inditement At. Gen. But for that that we may not dispute upon those things my lord there are the severall Charges against the severall Acts there are severall open acts that are laid in the Inditement and I think if he look upon it he will find that they are laid to every one of them and relate and refer to every one of them S. Tho. Wither There is writing of letters contributing of money and receiving of messages Mr. Hales That will appear by the subsequent parts of the Charge L. Pres The subsequent parts of the Charge will make that appear for if he did lend mony c. if they be really there we shall hear it by and by M. Hales I take it that the law is very plain that the Act must be mentioned in the Indictment At. Gen. But we will not debate that when we are expresse in the thing we are not so tyed to form as to pin them to every word of it The Clerk And further to carry on and accomplish the said wicked practice and design he the said Christopher Love divers dayes and times between the 29th of March 1650. and the first of June in the year of our Lord 1651. at London and other places as aforesaid did traiterously and maliciously give hold use and maintain correspondency and intelligence by letters messages instructions and otherwise L. Pres These are open acts Mr. Hales Then favour us in this we take it that between this and the first Charge there comes a particular charge that relates to Charles Stewart that is intervenient between the first charge and this that is now read or else we are mis-informed by the Prisoner and if there be so then we think our Exceptions will take place S. Tho. Wither It is all contained in one Indictment and then that that explains the overt act followes afterwards as a distinct thing in the Indictment and so it was in my Lord Cobhams case in that Indictment and in my Lord of Essex his case L. Pres He may make overtures M. Hales We confesse it but we supose it very certain that both as this Act is penn'd and as the Act of is penn'd which are much at one as to the manner of penning them there is of necessity an overt act to be laid to make good that general Charge that we conceive will be plain and that is admitted and agreed by the Lord Cook in his collections of the Pleas of the Crown fol. 12.13 where he saith the Indictment of the Earl of Somerset in the time of Edward the 6th and all other of the like form were against Law because he said that he did not follow the words of the act and that he did it per apertum factum and shews not what that open deed was that was not a good indictment for the fact must be set forth in the indictment that must be done Then the question is whether this be so done here or no we conceive by this Charge it is not so done here upon this ground we say there follows after this a particular charge concerning his promotion of Charles Stewart and
counsel can give you advice in this M. Love I still say I do not refuse to plead but if you would afford me counsel I should thinke my life in a great deal lesse danger For I do not know whether I may not by the advise of counsel confesse some part of the indictment whether I may not demur in law upon some part or a great part of the indictment which I have done already As that I am charged for treason for those things that are not within your cognizance or power as I apprehend and things done before your Acts and for such things that if I had done them I must have been indicted for them within a yeer or else not at all and these I deem legal exceptions Member of the Court. My Lord he is very ignorant of the law for the fact must be put in question before matter of law can arise for if the fact be one way then the law fals out that way if the fact be false then another way Now if Mr. Love bring in any of these exceptions for matter of fact upon proof whethâ—r he sent letters into Scotland or in such a time whether that be any offence that will all arise after the matter of fact proves true or false But before that under favour none can speak to any thing against an Indictment unlesse he speak against the jurisdiction of the court And then for other maters they are saved unto him And you will I suppose admit of counsel in matter of law but his desire cannot be granted unto him until he plead and until the matter of fact be some way determined M. Love I beseech you acquaint me then with the meaning of these words in Judge Cooks Institutes The prisoner at the bar may have counsel to overthrow the Indictment It must be either to overthrow a part of the Indictment or to help the plea either to plead not guilty in part or to demur in part Let me hear then I beseech you what is the meaning of those words That the prisoner at the bar may have counsel to overthrow the Indictment I cannot overthrow the Indictment when I plead for then witnesse comes in against me Att. Gen. He may overthrow the Indictment by the witnesse and I believe he is convinced that the court hath jurisdiction in as full and expresse terms as law and authority can give them And for the next I may say your Lordship and the court did never allow a counsel to pick holes and finde faults But if he object that to you that is just and probable and that which is dubious and doubtful and fit to be debated in law Assigne him counsel You have heard all his particular exceptions and given your judgement upon them all But I hope he doth not here expect to have lectures of law read him and to make him understand them But as to those particular exceptions that he hath made to you I think some satisfaction is given and that every man is satisfied and that there is no colour of doubt there for matter of fact and the times that he insists upon For the Act directing what offences are treason and not to be arraigned unlesse they be prosecuted within a yeer I must tell him the impeachment is laid from 1648 to 1651. Yet my Lord I shall make it appear that the Indictment doth look backward to some offences and forward to others it is laid first in general He committed such and such treasons and offences in such and such years And I shall come with the evidence and apply them to such times that are within your power and in which the law makes them offences And this is to be debated then and not to be once spoken of now My Lord I shall begin from 1648. and run on with him that he hath continued in a treasonable disposition and in treasonable plottings to the time he was laid up and since and will justifie all and therefore it behoves him to insist upon it And I will make it appear that he was one of the first that ever did appear against this Common-wealth in plotting and he did continue so until the time of his restraint and after that time M. Love Sir you are no witnesse if you be a witnesse come and swear Att. Gen. I will use you with all the duty of my place and if you give me not occasion I shall not do otherwise M. Love I shall give you no occasion L. Pres This will make all that heare him to thinke that this is the very best of his case as we know it is M. Love Sir although I do not come here to have the law expounded to me yet I do come here to have the benefit of the law and if the law allows me this benefit I being unskilful that if I can finde in the charge matter of law arising then to have counsel to advise me and to overthrow the Indictment Why should I be denied this benefit And I do not yet according to my understanding see that you afford me the benefit of the law you not granting me counsel to advise me to overthrow the Indictment One of the Court. Mr. Love if it were possible I desire you might have satisfaction for this that you desire is very just and when it comes to its proper time then you shall have it But do not by disorderly demanding of it out of your time lose the benefit you might have of it when it comes to your time That which you stand upon and call law is not matter of law nor can you call it law till you hear what the fact is For can any man judge what is matter of law till he know the matter of fact as it hath been told you well that the law ariseth out of the fact 〈◊〉 that if you will anticipate the evidence and the proof of the fact by urging this matter of law 〈…〉 did heare read in the charge you will do your selfe wrong and you are mistaken in it For there is no matter of law appears there for it is barely Thus you have done And if you say this is Law you exclude all the Witnesses Whether you have done it or no we cannot tell and if you have done it whether contrary to law or no we cannot tell because we must apply the witnesse to the Acts of Parliament that authorizeth us to sit here and if we finde that the doubt grows upon what the witnesses say and upon what the law saith then doth matter of law arise and then it is time for you to say it appears not by this witnesse that it is within the Act. I do the rather speak this because we do extreamly desiâ—e you should receive satisfaction for I would not have any here have any thing put upon him that may not appear just and according to law and none can ever say that a man had counsel assigned him before he pleaded here L. Pres It
morrow that they may appeare here L. Pres You may have counsell to morrow as the case shall be M. Love Shal I have the copy of the Charge L. Pres You shal have what is fit you shall have nothing denied you when it comes to you to have it you shall have that respect I do it not to flatter you but refuse to plead at your perill Mr. Love VVill you give me but this favour that I may have but an hour or two's time to consult with a Lawyer L. Pres I do not know but that this that is done must be done for all that comes to the bar Att Gen. I had thought there would have appeared in him that cals himself a minister of the Gospel more meekness obedience to authority not out-facing authority it is not wel done of him My Lord I humbly beg that having had thus much of your patience and perswasion by arguments and all means used to him and nothing will prevaile that my Lord you will now be pleased to give your judgement according to the rules that the law appoints you upon him that refuseth to plead M. Love I do not refuse to plead L. Pres Doth a man of your learning say you do not refuse M. Love A man may demur to his charge and yet not refuse to plead and the court may grant me a daies time if they please for I come here unarmed and unprepared Att. Gen. His demur is to matter of fact L. Pres Will you put that upon law for law which is not law and by your putting your selfe upon that you confesse the whole charge Att. Gen. I desire one favour my Lord which is of justice to him which is that you would be pleased to command your clerk to read that act that says If any person before you refuse to plead he may heare the sentence of the law upon him L. Pres Clerk read the Act. The Clerk reads that part of the Act about refusing to plead Att. Gen. My Lord we desire his final sentence M. Love My Lord I desire but the favour of a daies time to consult with Lawyers The Lord President consults a while with the Court. L. Pres I now do deliver it from all of the court and all of them are of that minde and now plead or you shall have judgement M. Love But if I plead I desire I may have counsel to hear the witnesses L. Pres We will not make a president for it will be said it was Master Lilburns case and Master Loves case Mr. Love Will you promise me that I shall have counsel to heare the witnesse L. Pres We will promise you justice Reade the sentence The Clerk goes to reade the Sentence M. Love Not guilty Att. Gen. My Lord we do say in the behalf of the Common-wealth he is guilty of the crimes and treasons laid to his charge And my Lord you now perceive that when you have been long troubled you see he comes very hardly to it an innocent man would not have made so much ado and knowing his innocency would not have had so much capitulation and trifling with a court of Justice My Lord for these crimes you are pleased to observe they are of several natures and of long continuance And now my Lord for the state of the evidence it is commended to the charge of another Gentleman that is master Solicitor General of the Common-wealth to open to you the state of the fact by which he stands here impeached and accused the nature of it and how it should have been carried on the series of time the persons with whom he complied how plotted and contrived to undermine this Common-wealth even to the foundations of it My Lord when that is opened I will then produce the evidence to make it good against him Mr. Solicitor Gen. My Lord Mr. Love urgeth much for himself but he doth not tell you what For my part I never saw his face till now but his own carriage if that do not do him wrong none will He saies he is singled out from all the rest of his brethren I suppose he means those that are his fellow conspirators the reason of that is because he was the first he had a hand in the first action and last action so that from the beginning to the end he was the principal man both by counsel friends purse and incouragement and that is the reason he might justly be singled out to be first in the punishment because he was first in the fact He saies God in Achans case wrought the discovery My Lord I thinke the court will think that God was the great Discoverer of this great treason for through the whole series of it it was prest and carried on with as much caution and secrecy as the wit of man could contrive and nothing but the goodnesse of the God of lights the Father of lights could have brought this to light who discovers the secrets of all hearts and hidden things of darknesse He hath discovered this My Lord the nature of the treason it is not one or ten treasons but it is a mystery of treasons woven together during the space of two years under the notion of Religion Many of them that were the conspiratours giving out that they were a party distinct and separate and so they did behave themselves like a party separate from the rest of the Common-wealth First this party did assume to themselves soveraign power and did exercise it divers ways they did take upon them to send Agents abroad to treat with forraign Princes and States enemies to this Common-wealth and to give commission to that purpose and to give instructions to that purpose they did demean themselves in this point as if this party had been a free State My Lord the very first of their rise was that in February 1684. When the Scots had declared for the King then they send immediately to their brethren here these conspirators to let them know that they intended to make addresses to the new King very speedily and that there was propositions drawing to that purpose and did desire a firm compliance with them promising them faithfully and how they kept it we shall hear as their brethren of Scotland that their interest should be provided for as their own And the Covenant that was the ground of all When they had thus promised they believed their brethren and thereupon went about the work and established a councel at Dowgate and there they met and plotted and contrived how in the first place to make an agreement between the King and the Scots to the intent that when they were agreed they might come with united forces to invade this Common-wealth They were plotting and contriving this about Midsomer 1649. They were taken notice of abroad to be considerable men and the King of Scots as they called him thought fit to send an Agent to them to treat with them which was one Mason my Lord Piercies man his
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
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
then subsequent to that there follows this that the Court hath now read we say that in this case here is not a charge of an overt act neither by the one nor by the other there is not a charge by the former because that is a distinct treason made distinctly treasonable by another act and therfore that which is made a distinct charge of treason by another act shall not be an overt act within the former That is one thing we say And another thing we say is this that in this case the second that is that which the Court hath been pleased to direct to be read to us concerning his holding correspondence that shall not be an overt act relating to the first charge for it is an uncertain relation for there be two designes mentioned before the one is a designe contained in the first charge the other a designe contained in the second charge for the promoting of Charles Stewart and we say the third shall not be coupled up to the former because it is a distinct Charge of Treason in it self and because it is uncertain to which it relates for it refers not more to the first Charge then to the second concerning the promoting of Charles Stewart that is called the Prince of Wales L. Pres For this I take it for the present that the Charge is founded upon four Statutes if he lay the offence against the first second third and fourth and he shall come and conclude it without relation to any particular of these Treasons he did thus and thus by letters and correspondencies that will relate to them every one though it come but in the conclusion and though the Statutes be various yet the indictment is but one and he may put in this of the overtures in one place sufficiently to be a sufficient overture to every one and therefore though to one of them there should be no overture in it at all but valet ut valere potest it will hang upon so much as it will bear an overt act and then you will not deny but that those words are overtures M. Hales It is true they are so but yet still we conceive this third which we call the third Charge that is concerning holding correspondence the third or fourth I cannot tell which it is but it is one of them we say that that is not an overt Act applied to the first Charge when we come to the substance of that Charge as it stands by it self then our Exceptions will rise upon it as it stands singly by it self but we conceive that shall not be a supplementall Charge to make good that first Charge that is concerning endeavouring to subvert the State as it stands established it shall not be used as an overt Act to make good the first Charge when we come to that particular Charge that is concerning the maintaining of correspondence whether it be a good Substantive Charge of it self then we shall offer our Exceptions to that but in the mean while we are but upon debate of the first whether the first containeth such a Charge as by the Act of the 17th of July 1649. is required At. Gen. My Lord we are heard before you concerning it Mr. Hales will find that after all these lawes are repeated and after all his offences against those laws are repeated it is concluded that all are against the severall Acts of Parliament in such cases made and provided if Mr. Hales wil single them â—he impeachment doth not but relates to all of them and I think that in this way of impeachment we are not tyed to those very nice and strict formal rules upon Indictments but if substance doth appear it doth appear to you my Lord that in substance the Acts are pursued and that upon the whole impeachments there are even this that is required the expression of an open deed an oveâ—t Act those are laid and it will be acknowledged by Mr. Hales that they are in themselves sufficient being thus exprest and concluded that those severall practices and designs and Treasons are against the form of the severall Statutes in that case made and provided not in relation to the 17. of July nor the 2d of August but to all of them and I beleeve that all of these facts all of this Treason all of this Design whether with the Scotch nation or members of the Scotch nation or those adhering to the Scots nation had all but one foundation the subversion of this present Government that was the foundation and Treason of the whole that was it that was intended for to bring one in and not to cast out the other would have done no good but upon the whole that was the Treason and upon all these circumstances and open deeds and designs the sum though it be a Treason to hold correspondence though it be a Treason to promote Charles Stewart though it be a Treason to do other things yet the Treason is in this the Scots Nation to come in with intent to subvert the Government Charles Stewart to be made King to subvert the Government so that the grand work at heart at root was the subversion of the present Government and as for that I wish heartily for Mr. Love's sake there were not so many open deeds exprest by him S. Tho. Wither Mr. Hales speaks of the Charge the words are these And further to carry on and accomplish the said traiterous and wicked Practice and Design he the said Christopher Love now this I take to be the overt Act divers dayes and times between the 29. of March 1650 and the first of June 1651 at London and divers other places as aforesaid did Traiterously and Maliciously use and hold correspondence and intelligence by letters those are open acts Messages Instructions and otherwise to the prejudice of the Commonwealth and these are laid within the time and not a distinct Charge as Mr. Hales would infer but they do directly set forth an overt act done by Mr. Love Mr. Hales Is it your Lordships pleasure I should reply any thing because I come utterly unprovided for it I must professe At. Gen. We may give him this and one or two more L. Pres Go on Master Hales if you have that that is materiall for another reply do but take this Master Hales I take it very strong both in Grammer and Logick too as well as in Law that when all the whole charge is radically and fundamentaly but one Treason though there be many branches of it the Charge hath knit them altogether and made but one act of so many complicated Treasons as here are and when he comes to the latter end if some of them were De facto not by an overt deed published yet if he come and prove that it was so done by the proofs that there was correspondence and these things De facto done and that charge De facto done you cannot break it there to say that this fact did not
Are you under an Oath till at the last he did conclude and testifie he was under an Oath I testifie this before all the company here this is noised abroad again by many people the care we had of that very man you speak of you asked him three or four times then and at the last upon the conclusion he confessed himselfe he was under an Oath hee did not doe as you doe you will say things are truth but you will not speake those Truths before God in a testimoniall way though some of your Witnesses that proved said it was true in the presence of God what they gave under their hands these men that do thus are no better than Jesuits in reality though not in name You made a Confession of misprision of Treason you said but you have confessed Treason I will tell you who did the like in the very words almost that you did and that was Father Garnet when hee came to see the evidence produced so full against him by those that were participes criminis as you are himselfe confessed when hee came to the last Had I thought saith hee that the State had had such cleare proofe against mee I would have ingenuously confessed it and not trifled with them as I have done So you said you did not thinke it would have been proved so farre as misprision but when it was proved sufficiently in your apprehension and convicted and your counsell had informed you it could not be lesse than misprision then you would ingenuously confesse so did Garnet The other witness that was threatned it was testified by a worthy Captaine I speak it again was not it debated as much as the wit of man could did you not object that then that you do now and did not the Court then satisfie you or at least satisfie themselves that it was not so For I tell you in that verie thing wherein you say he was threatned it was told you that the Captaine that was here then deposed what hee had done and how hee had done it and at what time it was delivered for you were discovered long before that and your Examinations taken long before that upon this now when your Treason was discovered and declared by severall Witnesses and that such a one was in confederacy and I think the State might safely promise him life and reward too for there is more in the plot yet then is yet found out and that some are like to hear of within this fortnight that were here which is a dangerous thing but this you did declare and the Court was satisfied that all that was promised as a reward was for discovering of a plot against the State and that was lawfull by the Lawes of God and man And now you bring Witnesse you were at first demanded whether you would bring them or no and you asked indempnity for them and the next time you denyed you would bring none and now you are asked what you have to offer to the Court and after all this time what come you to doe now to prove that that was acted here in the Court you say we threatned them true that we did threaten some and I think we went thus far that if he would not we would set five hundred pounds fine upon his head but he would none of that but came in again and delivered his knowledg But you had another of your own Robe too that came in and hee would not testifie and why His conscience was tender his science was perfect enough to speak against you for hee was confederate with you and hath confessed enough of it but his conscience was tender No man can tell here whose conscience is crazy and tender conscience is a thing betwixt God and man onely and they that lay nothing upon their Consciences to prove their integrity they had as good say nothing before a Judg for though wee have a Law of Conscience in England yet that Law is judged by rules and therefore he whoever he be that pretends Conscience there are so many consciences as there are men and no men have power to judge of it but God but Sir for that cause that he would not for his tender conscience we did set a fine of 500 â— upon him and sentenced him to the Fleet til he paid it we call not this terrifying neither doth the law nor any reward favour nor affection for the discovery of a Traitour is no illegall act this wee told you before but you must have it again and again and again so that you may delay no time shall be omitted by you Mr. Love I have but a few words more your Lordship was pleased to say that you could justifie promising rewards to those that would discover and threatning punishments to those that would not but you said if I could prove promising of rewards or threatnings to them that would not testifie against me they should be heard now I produce not witnesses in generall that they were promised favour or threatned if they would or would not but I offer to produce witnesses that can witness against some of the particular witnesses that said they should be hanged if they did not witnesse against me and this as your Lordship promised I humbly crave At. Gen. Truly he will not want suggestions he hath had his time to prove it and one favour I shall beg of the Court that this your patience to Mr. Love your just favour toward him may be no president hereafter but for this when we closed the Evidence Saturday was sevennight for the Common-wealth he had till Wednesday following to make his Defence for his witnesse he offered them you offered to receive them he said he would have none now he comes to offer we produce you no new witnesse nor offered nothing since Saturday was sevennight if we come to witnesses again we shall come to an aspersing one another we shall make it a prety endlesse work we have done our parts and followed the rules of Justice and Mr. Love hath had his full liberty to justifie to say what he could and prove what he could for himselfe if he neglect his own time to his own perill be it the Court I hope will not be guilty of it to alter the wayes of Justice Mr. Love I could not compell witnessâ—s there was no Sub poenas but they must come when they offer themselves L. Pres You were asked and you would produce none Mr. Love They were not in a capacity to come my Lord. At. Gen. There is nothing resting more to be done but now all being done if you please my lord all being done for the issue of the Fact all his exceptions to the impeachments which are matters of Law we are now humbly craving your judgement upon this impeachment between the Keepers of the Liberty of England and Master Love the Prisoner at the Bar. I now humbly demand your judgement Mr. Love I humbly pray that since I never saw
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
touching matter of law but in the mean time in truth that which we are to tell you and which we are bound in justice and conscience to let you know is this that you are out of your way and therefore do not destroy your self for if you refuse to plead there is nothing then but a plain downright judgement M. Love In ordinary courts of Judicatory the Judges do counsel for the prisoner but you are here Judges not onely in matter of law but of matter of fact also and therefore I cannot advise with you for should I confesse any thing then it ariseth out of my own mouth and you will condemn me upon it seeing therefore both lie in you both matter of law and matter of fact I beseech you afford me counsel and let me have a copy of my charge and Solicitors that they may be here with me in court and then I shall willingly plead Att. Gen. This cannot be done nor ever was done to have counsel assigned until upon matter of fact something did appeare and for the copy of the charge it was never demanded I think before and it is in vain for us to speake if the Gentleman do refuse to plead I shall then presse you for justice M. Love I do not refuse to plead but yet I should be guilty of my own bloud should I not plead for that just and necessary means for the preservation of my life through my ignorance I may run my self into hazard and danger therefore I beseech you deny me not that just favour A lawyer a member of the Court. Mr. Love you are not prodigal you say of your bloud nor are we I hope prodigal of your bloud we are to answer for all therefore I pray let me beg thus much of you if you plead not guilty to the charge then there is a proceeding to be by Master Atturney to prove you guilty of it and if by any evidence that he shall produce or in any thing that shall fall out from your self in answer to the evidence there shall arise matter of law trust us I pray you we do promise you that we will give you the benefit of the law in it and when there comes matter of law to be decided which we are perswaded is matter of law then you shall have counsel assigned you but there is no counsel to be allowed till the prisoner desire it and shew matter of law for which he desires it Another lawyer of the Court. The main thing you stand upon Mr. Love is this that there is no mention made in any Act that this court can take cognizance of sending to or receiving from Scotland but therein you are mistaken for the businesse of holding correspondency with Scotland is in expresse words appointed to be under the jurisdiction of this court therefore I think you are utterly mistaken in that Then Sir for counsel if there comes any thing in the world that is legal and is a fit thing counsel should be heard in I think I may promise it we will not make our selves so far guilty of your bloud as to deny you that justice that belongs to any man for it is your just right to have it and we cannot deny it when a point of law ariseth And you do not urge matter of law onely you question the jurisdiction of the court and we must overrule you in that for we are not to dispute the power of the court for if the Parliament give us jurisdiction and by a speciall Act appoints that the businesse of holding correspondency with Scotland should be within the cognizance of this court we must obey and not dispute M Love I suppose Sir a man may demur concerning the jurisdiction of a court to one point as if he be accused for treason at the common pleas he may demur to the jurisdiction of that court in that so Sir I apprehend there are some things read against me in the charge of which this court cannot take cognizance for that they are said to be done before the Act for the constituting of this court came forth so that I may demur to the jurisdiction of the court in that particular L. Pres For you to anticipate your evidence before we come to it â— we do not tye you to the charge but to the proof and we must apply our selves to the proof and not to the charge Att. Gen. And for the businesse of Scotland which troubles him much it is exprest in this very Act that the same offences are to be inquired tried and judged by the high Court of Justice in such manner and form as other offences are to be tried in expresse termes M. Love But there is no time mentioned for there are two Acts wherein if the prisoner be not indicted within a yeer then the fact shall not be prosecuted Therefore I must demur to the charge as not legal in matter of form There are two Acts declaring what offences shall be treason wherein it is said in those two Acts That if the party be not indicted within a yeer he shall not be indicted at all Now the Indictment that is against me looks back to things that are pretended to have been done by me in 1648. and 1649. And so according to those two Acts I am not to be questioned for them it being above a yeer before I was indicted L. Pres How is it possible that this comes to be an exception untill you heare the evidence if you heare the evidence and do finde that the witnesse do speak to this not within the time of the limitation then is your exception proper but no counsel can divine what time they can give evidence for M. Love Sir I am now to look to the charge of treason read against me and not to the evidence and in the charge I am indicted for those things for which I apprehend I ought not to be indicted For according to those two Acts I ought not to have been indicted for things pretended to have been done by me so long ago and this I apprehend to be matter of law And for the witnesses let them speek to what time they will yet this I am sure they cannot prove that I was indicted within a yeer for those things that are charged upon me to be done in 1648. and 1649. for that were to prove an impossibility so that it appears to me I am indicted for those things for which I ought not to be indicted L. Pres It may be so and if so those things will fall off of themselves there may be some things true and some things not true and the counsel may faile in proof of some of them and you may clear your self yet this cannot be before the pleading When you come to plead if the matter be not proved against you and within the time limited it will fall off of it self without any words at all and all this time is lost to all this Auditory and no
is now the Sessions at Newgate and there may be many prisoners and if every prisoner should take the liberty to plead matter of law and say I am no Lawyer let me have counsel assigned me and I will answer when should we have any man answer when would men be executed for robbing and stealing and killing M Love That court is different from this you here are Judges both of law and fact there the Judges judge of law and the Jury of matter of fact But Sir satisfie me in this if there be any thing in law before pleading to overthrow the indictment as I perceive by Judge Cook there is and to which I have received no satisfactory answer let me have that legal benefit to overthrow the charge I have said what I can but if I had counsel here they could say a hundred times more L. Pres You have heard no body but your self for whatsoever hath been told you by the court and your friends about you hath not been hearkened unto We have spent thus much time and people are weak and if you will plead do Reade his charge once again and I tell you the next is judgement 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 of 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 am not satisfied but that matter of law doth arise from this charge and I do earnestly presse I may have counsel and then I will plead Att. Gen. I do as earnestly presse that you would as positively say that you cannot allow him counsel till he hath pleaded M. Love I now see Mr. Attorneys words to be true When he came to me to the Tower and examined me the 16 of this month he said That seeing I would not acknowledge as he called them my treasons I was judged peremptory and obstinate and I remember he said these words to me Mr. Love Though you are too hard for me in the Pulpit yet I will be too hard for you at the Bar and truly now I finde it so and it is an easie matter for a Lawyer armed with Law and Power to be too hard for a poor naked Scholar that hath neither Law nor Power L. Pres Doth this do any good to you if it were so that you are too hard for him for you are too hard for every man in the pulpit yet you sometimes are so out and in that you are controulable If Master Attorney be too hard for you here let him be too hard for you but it is the Court that are to deale with you here we will not do it because of his saying but you must think that the court will be led by their evidence and not by Mr. Attorney M. Love You gave this favour to Master Lilburne and I do not deny to plead but I am not prodigal of my bloud therefore I crave counsel L. Pres I do not know what to say more to give you satisfaction then what I have said you say you do not deny to plead and yet you do not plead you say Mr. Attorney is too strong for you but you know it is not he but the evidence may be too strong for you And do not you think that you have such Judges as will let you receive any prejudice Mr. Love you are a Minister I pray shew forth the spirit of a Minister of Jesus Christ carry your self so as that you may not either wrong your self or the court I would have you behave your self without recriminating You speak of Mr. Attorney as if he could be too hard for you as if we were all of his side be it right or wrong Know that we are men of conscience and have souls to save as well as you Mr. Love The charge is long and I never heard of it before nor knew of it before One of the Court. We give you our faith and credit that if any matter of law ariseth we will not make our selves guilty of your blood but we will allow you counsel your self hath read a book in the court that shews the court cannot allow you counsel till you plead L. Pres Did you ever consult with the Lieut. of the Tower what will you cast away your self Col. West Lieut. of the Tower I could My Lord advise him no more then what I knew and that was the time of your sitting M. Love I hope you will not in a hurry spill my blood Lieut. of the Tower Since Saturday was seven night he was not restrained L. Pres Your Profession goes much in profession but when it is abused it is the highest transgression you would evade things with mental reservations and say and unsay at the Bar as high as any Jesuite can do M. Love I will not lye for my life you may say what you please and do what you please I speak before God and this Audience L. Pres Mr. Love know that we are here in as sacred a posture as you are in the highest place of your calling and if we do not know that God is here present we are the miserablest creatures in the world and therefore if your office and ours do not make us know that we are in the presence of God and Jesus Christ it will be but ill for us and yet you hurry out that it should be such a terrible thing in you more then in us You have spoken many words as a shadow in the aire there is nothing materiall in them but the strength of your will against the judgement of the court M. Love If I do plead to the charge I do allow the matter and form of the charge to be legal I desire to have counsel to come to my chamber I do not say to come to this place but to have liberty for them to come to my chamber Mr. Steele Recorder of London I did not think to have spoken nor have I usually spoken in this court yet I will speak a word out of tendernesse to your self You have very often insisted upon it that you should have counsel assigned before you plead that is it you plead for truly the course of law is this That if the prisoner charged at the bar before he plead shall demand counsel he must of necessity put in some special plea before the time he can demand counsel The court doth not inforce you to plead guilty or not guilty to all the matter of fact but they say of necessity you must plead If you put in a special plea and tell them that it is a special plea and desire counsel upon it they will consider it but till you can declare what that special plea is for there is a general plea and a special plea the
general plea is not guilty the special plea is in some particulars Now for you to alleadge neither the special plea nor the general plea it is impossible that counsel can be assigned you And whereas you say you are concluded if you plead and cannot object against the indictment afterwards no Sir I tell you in the name of a Christian and one that knows a little of the law that all the objections you have against the indictment the formality of it and those things you speak of as that of your fact not being committed in such a time that the Act holds out that the high court hath no relation to try you for Scotland all these will be saved to you if they arise upon matter of fact from the evidence True if you make an objection against the jurisdiction of the court that hath no relation either to the special plea or general plea it cannot be It is impossible an objection should be received against the essence of the court there is none can possibly over-rule that for you but themselves it is such a thing that no counsel can be assigned you as to that because it strikes at the very being of the court Now therefore I beseech you in the name of a christian that you will not do your self that prejudice for nature teacheth every man to preserve himself by all just wayes and means and I do believe that in this businesse you have apprehended it for your preservation and that you are loth to do any thing that tends to your destruction but you may satisfie your conscience in that you have done what you can And when you have pleaded and used all the arguments you can and have heard the judgement of the court in it you may satisfie your conscience that in the words of honest men unlesse it be the jurisdiction of the court though you have tacitely spoken there you shall have that right and priviledge which the law allows you I confessâ— I never spake here before and it is a rule amongst us that none but the President should speak and we have done more to you then to the greatest person that ever spake here because we think some necessity lies upon us towards you in regard of your calling and the worth that hath appeared in you to direct you what you have to do M. Love Sir a man may demur touching the jurisdiction of any court if he can shew any thing in the indictment that the court cannot take cognizance of which he is charged with though he do not demur simply as to their jurisdiction in general yet as to that particular he may demur as a man may demur in Chancery when a cause is onely triable at the common law L. Pres You must know that he that speaks against the jurisdiction of the court speaks against the jurisdiction of the Parliament of England Mr. Steel Recorder of London Mr. Love to help your understanding I did not say that Mr. Love did expresly speak against the power of the Court as if they had no power to try him but this he seemed to say That what he hath offered against the jurisdiction of the Court in any thing he is questioned for if he have not counsell for it before he cannot have it afterwards Now if the question you offer be a mixt doubt for your objection is mixt for you say the Court hath no power to try the facts whereof you are indicted now is it possible the Court can judge of that or know there is matter of law ariseth out of it till the fact appear out of the mouths of the witnesses it may be the fact will not be proved then there wil be no matter of law arising if the fact be proved that it was done at such a time before the act was made when that appears to them the Court then will strike it off you shall not need counsell then we shall not regard it if upon the fact any other doubt ariseth in relation to Scotland for it must be from two witnesses your doubting being mixed with matter of fact we shal then be able to judge of it Mr. Love Sir if any crime be laid to my charge that ought not to be laid and that this Court can take no cognizance of I should have counsell in it L. Pres We have spoken more to you then became us perchance and that from tendernesse to you and if nothing can give you satisfaction but over and over with the same things again we can but speak our consciences and leave it to your self Mr. Love I do declare I do submit to the tryall and am willing to do it but it behoves me to use all just means for the preservation of my life if you will give me but a dayes time to consult with counsell L. Pres That is in your learning sufficient to say you will do it and yet do not do it because I say I will submit therefore I do submit this is no obedience at all I know no such Logick as this it is submitting that must do it you will submit but you will not act pray M. Love be so charitable as to take us to be Christians Mr. Love What prejudice Sir can it be to this Court being I have not spoken with any Lawyer to give me but a days time I will desire no more Att. Gen. I would faine know why may not the next prisoner say you have done so in Mr. Love's case Mr. Love You have accepted of speciall pleas you did it in the case of Sir John Stowel and if I through my ignorance in law cannot urge the strength of law and a speciall plea as otherwise I might do I beseech you let me not be prejudiced by it L. Pres Sir John Stowel insisted upon speciall matter he had to plead and that was the Articles of Exeter but he did first plead to the charge Not guilty yet we gave him that benefit and he had that which did last a great debate of this Court and so did Hambleton and divers others we will do no otherwise with you then with them Mr. Love If you now deny me my speciall plea I cannot help it which is this that the writing or sending letters if it could be proved against me into Scotland doth not come within your act and that it is only for England and Ireland that are mentioned therein L. Pres If there be a speciall plea wherein there is no difficulty then we give no counsell but a speciall plea must have something that is dubious in the judgement of the Court but for this that in the letter of the law every School boy understands the Judge will not allow you counsell in a triviall matter we have gone over and over with you againe and this is like other discourses with you but certainly never was the like seen that a Court was so trifled with M. Love This is my humble motion allow me but counsell to
We do all know there are many honest precious and godly men that have received no discountenance from the State nor this Gentleman that should give him any countenance or encouragement to oppose the State But it is somewhat a bold thing for a particular man to be the head of a party and they to engage as representing a considerable party to engage to send Commissioners to agree upon Instructions this is very bold But my Lord God be thanked many of those that were seduced at first were wise and did come in before the last and did not strut it out my Lord with States and Justice as that man hath done before now and at present even out-facing Justice and boldly I â—ay wiping his lips he hath done no offence My Lord they were so bold with Scotland that there was a known Agent there maintained and kept between Scotland and them and I will tell him the Gentlemans name his name was Mr. Sterks and my Lord when he went away the Act requiring those of the Scotish Nation to be gone that Gentleman did supply him with money himself and others gave him eight or ten pounds in his purse to carry him away My Lord I believe he knows this and I am sorry That that Gentleman that hath gone along with us in much of this War that he should at last so much betray his own discretion as rather to trust a reconciled Enemy then to be true to his own Friends I say He trusts a reconciled Enemy and a weak Enemy and that he will think and will know that they might betray him as justly may be done when men so cast themselves upon the Party of the King and Queen and Peircy and Jermine it is no great policy nor discretion to have so many of Councel they say three keeps councel but this Gentleman hath now 20 30 40 in Scotland France and Holland and Agitations between them and frequent Intercourses My Lord I shall now call the witnesses out to you which when Mr. Love doth see himself will say are honest men and to be believed Mr. Love My Lord I beseech you let me speak a word At. Gen. My Lord he hath heard his Charge in particular and those things which if he be ingenuous to himself and his own Conscience he cannot but know we shall prove them and before we prove them I desire to hear whether or no he will confess them Mr. Love I hope this Court will not hearken to the insinuations of instruments of State who are well rewarded for their eager prosecution of men in such a condition as I am in it is an easie matter through flourishes of Law and strains of wit to stir up the mindes of my Judges against me L. Pres You have heard the Matter opened to you which you cannot in any Christian or godly Conscience or Understanding but acknowledge That such Secrets as these you were privy to and came to your hand you cannot before God and man do better then to confess these which you know by the urging of them upon you are come to our knowledge Mr. Love Will you give me leave to express my self as to these things which I am now charged with I do declare and protest in the presence of God and this great Assembly That I never wrote any Letter either to the King of Scots or to the Queen his Mother or to the Church or State of Scotland in the general or to any particular person of the Scotish Nation since the Wars began between England and Scotland to this day I do declare also in the presence of the same God I never received any Letters written to me either from the King of Scotland or Queen his Mother or from the Church or State of Scotland in general or from any particular person of the Scotish Nation since the Wars began between the two Nations to this day I declare and protest likewise in the presence of the same God I never collected or gave or lent one penny of money either to send into Scotland or into any forreign part to the King or Queen his Mother or to the Church or State of Scotland in general or to any particular person of the Scotish Nation since the Wars began to this very day And as to these particulars I have said it often I am as innocent and as harmless as the least childe and if you will take the aggravating of these circumstances against me and will proceed upon aggravations of the crimes against me I hope God will help me with more Peace of Conscience to undergo the censure then you shall have to inflict it And as for that Gentleman that made that great relation to you of the Treaty of Jersey for my part I am as great a stranger to all those Transactions as any here I never saw the face of Titus nor did I ever send to him or receive any thing from him At. Gen. My Lord We shall call the witnesses Captain Pâ—tter is called into the Court. Mr. Love I except and protest against this Witness for he hath been already examined in private and hath made his confession there and that is equivalent to a conviction and I hope the Court in Justice will not admit of this man for a witness L. Pres You shall have Justice as well as ever any Jesuite had At. Gen. You see now what Mr. Love drives at and you will finde his Jesuitical evasions And my Lord let him be asked Whether ever this man was before this Court or any Committee of this Court and I think in Justice you ought to examine Witnesses before hand But it is clear and evident That this man hath been a party with him I do humbly conceive it is so clear and evident that rather I should except against the witness as an incompetent witness then Mr. Love because he hath been a party with him but I desire he may be a competent witness and one in whom there is more ingenuity then there is in Mr. Love Mr. Love Sir before he swears I beseech you ask him this question Whether he hath not been threatned with death if he would not witness against me L. Pres You cannot over-rule us with your beseechings and beseechings it will not do it your over-importunity shall not prevail with us M. Love Let God prevail with you though he may be legalis testis before Conviction yet he cannot be so after Conviction The Clerk The evidence you shall give between the Keepers of the Liberties of England and the prisoner at the Bar shall be the truth the whole truth and nothing but the truth So help you God He is sworn L. Pres Now look upon the God of truth and speak the truth C. Pot. I shall speak the truth At. Gen. That Gentleman was pleased to trust others as I said even reconciled Enemies and fell from his Friends I do grant that this Gentleman hath confest and if every honest man confess his
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
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
men not mine and in an other place he said they agreed but he doth not say That J said Wee agreed to include my selfe but to that that J should move him and say C.F. What wil you do Truly this is but a generall question and he himself did me thus far right When I had leave from the Court to propound this Question to him Captain Far Did I move you or say to you What mony will you give for Massey or Titus He answered he did conceive it was for that use So that he proves not against me that I moved for money for Massey or Titus but onely that I should say Captain Far What will you do and if you observe the words of the testimonie they are these exactly He tels you that he brought five pounds for there is all that ever I am charged with I am not charged with lending a penny but onely that fifteen pounds was brought to my house ten pounds by Potter and five pounds by this man And he affirms that he left this five pounds at my house and herein I perceive a contradiction in the man and therefore it is hard to determine when he speaks true or when he speaks false These are his very words Mr. Love sayes he ask'd me what I would do And I did lay down five pounds upon Mr. Loves Table when severall persons were in the room And being asked Did Mr Love receive this money he said he could not tell but was loth to tell who he thought received it but in his last word save one that he spake in Court which made much for my advantage he said he thought I did not receive it and God is my record I did not but he said another man did and named Captain Massey But the contradiction I observe is this He tels you he laid down five pounds when severall persons were in the room and in the next question but one being ask'd Was Mr. Love in the room Yes My Lord sayes he but I cannot say any body else was there So that therein the man evidently contradicts himself and it appears he was under a very great fear and even confounded by the many questions propounded to him I ask'd him further Did I bid you lay it down Sayes he I cannot say that you bid me lay down the money Being ask'd Was this way of laying down of money to prevent discovery He said he did it under that notion But being ask'd by me Did I bid you lay it down under that notion He answered he would not say I did So that I neither directly nor indirectly did bid him bring money to my house or lay it down when it was brought there but other persons were in the room and he conceives what person took it away therefore I beseech you make a candid and fair interpretation of what I have said or done Being ask'd about the copie of the Kings letter that Alford sayes he brought over from Titus whether I was in the room whilest it was read he said I cannot say that he was there when it was read but he was there during some part of the communication but sayes he I cannot say he was there at the reading of the Letter Nor can I say he was present whilest the Narrative was read He observed I was often called away and was absent and sayes hee I cannot say there was any such thing done by Mr. Love And I ask'd him this question Did I send or agree to send Major Alford to Calice Hee answers he thinks I did not and herein he falsifieth his former Testimony for he said Major Alford was desired in my house to go to Calice And yet Alford swore he never was in my house till after he came from thence But herein he doth me right too though with contradiction to himself He said it was agreed at my house that Alford should go and yet now he sayes he thinks I did not agree to the sending of Alford Being asked further Whether did I give consent to the sending away the Commission he answered I cannot say Mr. Love was there when it was sent away And truly I may say who brought it away or who drew it up and what was done in it I cannot tell there might be a thousand Treasons in it for ought I know for I did neither own the reading of it nor the sending of it but did utterly protest against both Being again ask'd whether J agreed to the sending of it away he answered It was agreed upon by all That we could not send the Commission away When J ask'd him Did J say to you Captain Far Will you contribute five pounds for Massey and Titus he gave this answer says he You ask'd me what I would do so that I conceived it was for Massey and Titus And â—e affirms he laid this five pounds down in my house but did not say that J received it and in the presence of God J speak it J never saw it nor received it in all my life And thus with much acknowledgment and blessing God and thanking your Lordship and the Court you have given mee leave to take a brief survey through the Depositions of the Witnesses though they have been very large and the Charge against me very high Now having spoken to the Depositions before I shall crave leave to speak something concerning my self and make humble Proposals to this Court I shall add but one word and it is this I was loath before I saw Witnesses face to face to confesse any thing I deem'd it against nature for any to confesse against himself unlesse he could be sure his confession should not prejudice him and I might have been guilty of my own bloud if I had confessed for then did the matter confess'd amount to Treason by your Law my life would be at your mercy and you might hang mee upon mine own confession and upon that ground I went resolved to the Committee and through the grace of God I resolved not there confesse a word nor tittle till I heard what proof was brought in against me And now I do ingenuously acknowledg That there were severall Meetings at my house That these persons met there and that this Commission was read there but I did utterly dislike it and dissent from it And that I was present at the reading of Letters either at the beginning or end or some part of them I do acknowledg And this I say that I was ignorant of the danger that now I see I am in The Act of the second of August 1650 doth make it Treason to hold any correspondencie or to send Letters though but in a way of commerce into Scotland let the matter of them be what it will be Now herein my Councel acquaints me with my danger that I being sometimes present when Letters were read in my house am guilty of a concealment and as to that I do humbly lay my self at your feet and mercie But as to
against the errors of the Service-Book and was removed from prison there by a Habeas Corpus to this place And in this Court of Kings Bench J was acquitted After this about the beginning of the Wars between the late King and the Parliament J was the first Minister that J know of in England who was accused for preaching of Treason and Rebellion meerly for maintaining in a Sermon in Kent at Tenterden the lawfulnesse of a defensive war at the first breaking out and irruption of our Troubles but was then publikely acquitted in a Court there and recovered costs and damages of my Accuser After this J had a little breathing time whilst the two Houses of Parliament were in power only J was once complained against by the Kings Commissioners at Vxbridge for preaching a Sermon there J did not know that J should preach there till the Psalm was sung and did only preach a Sermon which J had preached the day before at Windsor Castle J was J say complained of by the Kings Commissioners to the House for that Sermon but within three weeks J was acquitted and discharged by order of the House of Commons That Sermon is much spoken of because it is so little seen it is so obscure a piece and many imagine as if the keenesse of my affection was blunted from what it was in that Sermon But J declare unto you that J come up to this day to every tittle of that Sermon J hear it is lately printed and if it be printed according to the first copy J will own every line of it as that to which my heart and judgement concurs to this very day After all this since the late change of Government J have been three times in trouble J was once committed to custody by and twice cited before the Committee of Plundred Ministers but there was no sufficient proof against me and so J was discharged But now last of all this great and last tryal and trouble is come upon me J have been kept severall weeks in close Prison and now J am arraigned for my life herein is my great comfort even that which was the Apostles God that hath delivered me he doth deliver me in whom I trust that he will yet deliver me And that that shall be made good to me He shall deliver thee in six troubles yea in seven there shall no evill touch thee As Cato he was accused thirty two times by the unkind State whom he faithfully served and yet after thirty two times accusation his innocency and uprightnesse brought him off Why should not I be confident in my God who have had a life time of experience of his care and love towards me It is not the danger of my life troubles me I am a sickly man and I know a disease will ear long kill me whatever you do with me but this grieves me more That I should suffer from their hands for whom I have done and suffered so much in my obscure station and according to my weak measure had it been an Enemy had dealt thus by me and made such an eager prosecution of me and such high aggravations of that which in the simplicity of my heart I have done it had not been so much and as I told the Committee when I was examined by them who charged me with Jesuisme and non-ingenuity because I would not confesse against my selfe and others that though I honoured them as private Gentlemen and should acquaint them with what my self had done when it should not be a snare to me but when they shall apprehend me by a warrant for Treason and examine me in order to a triall for my life In no Judicature in the world will I confesse a word till I first hear what will come in against me Now as I told them then I never wrote letter nor received letter nor sent or lent mony to any person of the Scotish Nation Now that I should meet with this hard measure to have the most ridgid and severe interpretation put upon all my actions to be look'd upon with so jealous I might say with a worser eye that have in my measure ventured my all in the same quarrell that you were ingaged in and lifted up my hands in the same Covenant that have took sweet counsell together and walk'd in fellowship one with another That from these I should have such hard measure This this troubles me greatly had I been so dealt withall at the Juncto at Oxon I should not have been so troubled at it but to be dealt so with at Westminster this is that at which I stand amazed yet blessed be God I am not affraid My Conscience doth not tell me of any personal Act of mine proved against me that brings me under any of your laws as to Treason And thus having exprest my self concerning my charge and the witnesses and my self I shall now in the close of all say what ever tortured collections or inferences are drawn from my practises and however Lawyers may aggravate those things that in part have been proved against me yet I do declare in the presence of God that what ever I have done in the simplicity and integrity of my heart I have done it and did deem it to be consonant and agreeable both to my conscience and to the Protestations and Covenant I have taken and I have done nothing out of animosity or from a spirit of revenge and thus J have done concerning my self J have only a few humble proposalls to make to your Lordship and the Court and then J shall leave all to Gods determination and yours To you that are my Judges J humbly crave this of you and J do it upon your Lordships words the first day of my appearance here When you were pleased to deny me Counsell you said you would be Counsell for me and J beseech you be so for you are Judges both of matter of law and matter of fact J may make use of that passage Proverbs 31.8 Solomon says there that rulers must open their mouthes for the dumb in the cause of all such as are appointed for destruction Truly My Lord J am as a dumb man before you dumb in matters of Law J cannot plead one word for my self J beseech you be as Solomons Rulers were and open your mouths for him that is appointed to destruction you who are my Judges be my Advocates my life lies in your hands And then J beseech you let me make this humble motion to you That you would not count any thing that J have done to be out of animosity or stoutnesse of Spirit Truly nothing but Conscience could carry me through all my sufferings I could not leave such dear relations that God hath given me and such a loving people and comfortable livelihood as any Minister hath within the walls of London Nothing but conviction of conscience can carry me another way And till Conscience be fully satisfied J cannot stir one step The next
Act of the 2. of August 1650. in express words read the Impeachment The Clerk And further to carry on and accomplish the said trayterous and wicked practice and designe he the said Christopher Love within the times and at the places last aforesaid did trayterously and voluntarily relieve the said Silas Titus Edward Massie Col. Bamfield one Mason late of London Gentleman and one Sterks late of London Gentleman who then were and yet are under the power of the Scotch Nation in Arms against the Parliament and Common-wealth of England with monies and ammunition Which Treasons and trayterous and wicked practises and designs of him the said Christopher Love were and are to the apparant hazard of the publike peace of the Common wealth and Free-State Parliament and People of England and to the manifold breach contempt and violation of the Lawes of this Land and contrary to the forme of divers Statutes and Acts of Parliament in such case made and provided M. Hales Then we say it is uncertainly alledged and uncertainly laid but we take it it is not within the words of the Act we desire that Act may be read The Clerk That shall from and after the 5. of August 1650. use hold and maintaine any correspondence c. M. Hales Then this is not within this Act because that this is concerning sending to persons that are in Scotland I observe not that it is charged that they were in Scotland At. Gen. Or shall abbet assist countenance or incourage the Scotch Nation or any other person or persons adhering to them in their war against the Common-wealth What think you of relieving is not that abbetting and incouraging M. Hales It should be laid so then I desire that part of the Charge may be read again The Clerk And further to carry on c. M. Hales My Lord we think this is not fully charged according to the Act. At. Gen. I will read you another of the 26. of March 1650. M. Hales That makes it not Treason At. Gen. It comes very neer it but I insist upon it it is under the other relieving them with mony buying of Arms. Mr. Hales Still the same Exception lies upon it within the times aforesaid which certainly cannot be acknowledged At. Gen. We acknowledge the same Exception and the same answer lies to it that of the 26. of March 1650. it is he shall suffer death and upon this it is Treason upon both together we cannot divide them but must express them so Mr. Hales Under favour the one makes it Felony and the other a Treason At. Gen. But it is a deadly one L. Pres If a Statute Law makes a thing Felony that was not Felony or recites a thing that is Felony and saith it shall be punished with death being a petty Larceny therein you say well but if the Statute recites that that is Treason in it selfe actually and saith that they that doe these things shall suffer death according to the nature of that offence that is formerly recited and limits it so in the recitall if the recitall be Treason in the beginning and then say that that Trartor shall suffer death without mercy M. Hales We have shewed our reasons in the Case my lord it is as much as we can say upon this sudden concerning this Charge there are some other things that are mentioned here by Mr. Love as how far forth there be sufficient Witnesses admitting the Charge were good how far forth the Witnesses are sufficient in themselves and then whether here bee two concurring Witnesses to any one act and whether any thing be more proved then Misprision of treason and concealment of treason these are things Mr. Love takes upon him in fact to say And now for those when the case is made we shall be ready to speak to these things for truly it is sudden and new to me for these matters came not to my knowledg till this morning after eight a clock that is concerning the last paper he offers to your Lordship and that is Exception to Witnesses proof and matter of the proof whether the bare concealment for thus it is stated unto us the concealment of any thing that is treason whether that be treason or no in the party that conceals it these are things that if we were prepared for we should speak to First we conceive by the Statute of primo quinto Elizabethae there is a necessity in this proceeding before your Lordship to have two lawfull and sufficient Witnesses Next of all we thinke that if these witnesses be such as he hath stated them to be which whether they be or no we know not for we are utterly unacquainted with the evidence yet we should think they are no sufficient witnesses and then admitting they were sufficient witnesses yet if so be one witnesse speaks to one fact another to another we conceive these are not sufficient witnesses within the Statute not sufficient to convict him And then if that which they have witnessed be nothing that amounts to Treason haply committed by others that makes him not guilty within the Acts. If we had time to understand and digest and consider what were the matters that are alledged we should be able to say somewhat to it My Lord that which we have said we have said of a sudden and so it appears because we had not that clear understanding of the Charge as otherwise we might have had and so have saved much of your time Att. Gen. For that that hath been said suddenly by Mr. Hales I shall suddenly give it this answer he hath had more time then I he hath said from Mr. Love and not from himselfe he saith when the case is made I think it will appear then that these Exceptions have been made to the Court that the witnesses have not been competent neither in quality nor number they have been spoken to for the witnesses the Exception to the quality because they were of the same gang they had a hand in the some Treason that was the Exception I think that will not be allowed to be a legall Exception they are persons that as Mr. Love pretended had a hand with him in this Fact and therefore they should not be competent witnesses that I shall appeal to Mr. Hales's judgment before conviction and upon a proceeding whether they may not discover and after conviction if they be Approvers For the next for two witnesses when the case is made you will find one two three four five six and to most of them two three and four for so I may make bold to say for so I read them to you the last day And then for the last Exception that was for the concealment of Treason it is far from it for I know not what a concealment Mr. Love may intend I am sure Mr. Hales will not think that a concealment to run on one two or three years and run on and send letters that when he acts along
with them and hath the meetings at his house continually moves them to receive money and contribute I think hee was the highest Actor amongst them for the meetings were continually at his house the advices were there resolved upon debates there he gave his advice one way and they another way I think he will not think this is but misprision of Treason and we never did charge it nor intend it so but went a little higher Mr. Hales If that be declared to be insisted upon that the non-revealing of Treason though it be a month or two or a year or two can be no Treason then we have done with that question for then it wil rest singly upon the Fact before your Lordship whether there be any thing more proved then such a concealment then it is true we are discharged of that question But then concerning the proof if Master Atturney will please to admit that the proofs are such as Master Love hath stated in this paper Att. Gen. That I shall not do before hand but to debate upon the proof I shall crave your Lordships directions I have gone over them already and it hath been trouble enough to me if it be your Lordships pleasure I must go over the proof again I shall submit to you but not to him L. Pres Mr. Hales there is no witnesses that have been heard but they have been of the said confederacy that was one Exception Mr. Love made it was debated at the producing and over-ruled and I beleeve your judgement will go well with us that it was no Exception Another was that they have been promised rewards that was likewise moved and over-ruled the Court was of opinion that they may do it that if there bee a Treason and there be many correspondents in it and one out of remorse as some of these did say that when they had been there they did not like their waies but went from them and came to them no more if this man or any other man afterwards shall come and reveal this it is in the power of the State either to reward him with monies and to promise him life too if hee shall faithfully do it and this wee say is a stronger case then the case of an Approver which afterwards when they became Approvers they must confesse the Fact and say they are guilty of the Fact plainely and openly and yet then they are good witnesses to discover this as it was plotted in hell for this was no other though they had a vizard upon them which was no otherwise I say if any one will discover such nay haply it was offered to Master Love himselfe if he would have done it I beleeve there was some overtures made to him but this is law too by the law of this land which is the law of God for we have no law practised in this land but is the law of God and so did the Lawyers maintain it before the King in Henry the eighths time the Popes Legates and chief Arch-Bishops and Bishops of England and did then prove it to them that there was no law practised in England but the law of God which our Ministers are loath to touch and busie themselves to study but study the Ceremoniall Lawes of the Jewes which are Mortua Mortifera which are not to be practised by any other Nation till they be established by a law and that which is the law of God in this land that hath so much preserved it these they are wilfully ignorant of and say it is civill but I say his Christian law and therefore never distinguish in a Christian Nation that the lawes are Morall and Ecclesiasticall with that fained distinction but all the Lawes of this Nation are Christian and stand with Evangelicall Truth as well as With naturall reason and they are founded upon it and therefore Master Hales we are here now to go on by these lawes which are the lawes of God and wee must walk in them as wee would walk to Heaven And for that you speak of now Mr. Atturney hath answered all the Exceptions every one and I think for that matter of Fact every one of them particularly Mr. Love did take his Exceptions too and they were over-ruled Now to come whether these are lawfull witnesses over again when it is in matter of Fact and over-ruled by the judgement of the Court Master Hales will not think that is regular And then whether there be two to one point or nor that is another of your Exceptions that I take it Master Hales is not matter of law but for the Judges to consider of it that which should be matter of law is this whether that single proofs some to one and some to another joyned all together do issue out all this Treason we want not presidents for that for this is a heterogeneall Treason every particular that these Statutes make a Treason they are all of them complicated he hath gone through them all in his act and we must passe through them all in our judgments though every one is particular Treason had it been singularly laid by it self yet now being laid as one concatinated Treason they all of them make but one For the next for that of misprision he is not charged here with misprision at all but direct Treasons and if it be but misprision we shall not for misprision judge him a Traitor upon this Charge but then what is in his judgment misprision if this be nothing but a concealment I think that the Court upon the Evidence will judge that it is more then a bare concealment and whether Mr. Hales will think if I be a promoter and concealer from one to another and have so many continued meetings whether two or three years together acting with them concealing them for it is not a bare concealment but a complicated Act for if it were but a bare notion of it we should have much ado to prove it but I think the Court is satisfied it is more then notion S. Tho. Wither I shall speak a word to that Mr. Hales moved last whether you will be pleased to hear any more of Councels in these three particulars for under favour these three particulars concerning the witnesses concerning their quality and number and the Treason it selfe these are matters of another kind of nature then all the rest he insisted upon for the rest are meer matters of Law upon the formality and insufficiency of the Charge these questions of the witnesses are questions that are mixt for they depend upon the matters in Fact and cannot be otherwise stated now Mr. Love though he had no Councell appeared before yet he had in his Defence all these Objections too as of the incompetency of them because they were participes criminis and for that I think under favour of your Lordships judgement he had a full and a cleer answer to it in case of an Approver he is Particeps criminis and accuseth men that
are Participes criminis yet that man even ex merito justitia he shall be pardoned saith our Law and therefore that Objection that is made against the witnesses that they are promised rewards and pardon that is no Objection for in that case the Approver shall have his pardon ex merito justitiae Then for the other point that is whether by two witnesses in such a plot or no to prove a Treasonable act that is consisting meerly upon the matter of fact that I shall not take upon me to repeat you have heard it but this I said then and this I humbly offer now that if there be two witnesses though they concur not in the same individuall act yet if they concur in two acts concurring to the same Treason they prove the same Treason if one prove the sending of letters and another the sending of mony I take it these are two witnesses though they speak of two distinct acts but in our proof we have gone on to two witnesses three or four in most points But then for the misprision of Treason we did apprehend that that which M. Love himself hath confess'd is Treason it self but Mr. Love is pleased to make his own collection upon his owne confession for I confesse my presence and silence after these meetings and consultations but this I take to be misprision of Treason To this I replyed we took it to be Treason it selfe for our books say a man must not sleep nor look back but go presently to a Magistrate to reveal it but when a man will not only sleep upon it but keep it back and act in it this is more then misprision But our charge is for a Treason it selfe and truly Treason comprehends a misprision of Treason in it but this point I think neither will come in question now for we say and charge that it is a treason it self not Misprision and that collection Mr. Love makes it is his own but the judgment is yours whether it be a Treason or not Mr. Hales If it be your Lordships pleasure we shall speak wee are ready to say what we can in the shortnesse of time but if it be not your Lordships pleasure we shall not say it At. Gen. If your Lordship please to declare what he should speak to Mr. Hales These points I shall onely mention them I cannot argue them now This is that I conceive first of all according as the case is stated that is Whether a person menaced that hee shall lose his life if he discover not a particular person and that he shall have his life if he do discover him whether such a person be a competent witnesse or no Att. Gen. Hear a word I appeal then to you whether any such person were produced before you Mr. Hales First we only go upon what supposition Mr. Love makes Mr. Love I humbly crave leave to that effect to prove that particular At. Gen. No not now Sir Mr. Hales Wee conceive such a person is not a competent witnesse then that is out of the case it should seem Sir Truly then the case that is put concerning an Approver comes not to the question under favour for though it is true an approver at Common law might be an accuser yet we are not now upon a proceeding at the Common law when we talk of witnesses now but we are upon a proceeding how far forth warranted for the witnesses by the stat of the first and fifth of Ed. 6 so that what is said concerning an Approver comes not to this question he that may be a competent witnesse at Common law he is not a competent witnesse upon those statutes for the words of the statute are expresly that hee shall be a lawfull and a sufficient witnesse and if so be that such a case were now it is not to sample this case that is before you with the case of an Approver which is a bare accusation at Common law and where the Jury likewise are to have other evidence for either the defendant may wage his battell or put himself upon his Country and then it is at the pleasure of the Jury whether they will beleeve the Approver or no but by the Act of the first and fifth of Edward the Sixth it is expresly said There shall be two sufficient witnesses in case of Treason so that that hath made an alteration of what was in the Common law before one witnesse was enough before now two witnesses are requisite and we conceive the words lawfull and sufficient conclude such persons if there be not any such we are not to say we know or know not but if so be any person is drawn to make such a testimony for the preservation of his life and shall make such an expression wee think that though it is true he is a person that is attainted yet he is a person that is thus drawn and we think he is not such a witnesse as is intended especially in such a case as this is where the tryall of the fact is before your Lordship which is both Jury and Judg to try the fact and determine the law and therefore perhaps here will be a more rigorous expectation who should be and who should not be a sufficient Witnesse then in case it were a bare tryall by Jury there may be those exceptions alledged against a witnesse when the tryall is as now it is that may not be when a triall is by a Jury and threfore iâ— so be that a party be thus drawn to testifie for the preservation of his life we think that this is not such a lawfull and sufficient Witnesse as is required in such a case Next of all it is said in the paper that they have detected themselves being parties of as deep a guilt as the person that is accused I will not dispute that at this time for it is not the case whether a person that is a plotter and confederate with one that commits Treason may be a Witnesse but when a person is detected by lawfull Authority before the Charge exhibited whether such a person who is so detected whose life is in the hands of the State be one of these competent witnesses we must leave it to your judgment in that but we think he is not a competent witnesse for there is not a bare accusation of a person but as the case is stated to us by a person that should be examined and confesse himself guilty of those things whereof Mr. Love is impeached and that before the Charge is exhibited My Lord the next matter is concerning the plurality of witnesses the number of them we think under favour with submission that in this case suppose the Charge had been singly upon one act of Treason wee conceive that in that case there is a necessity of two persons to prove that Charge If the Charge be upon severall Acts of Treason be the Charge so yet if you will bring them within any one of the
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