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
agreed upon but there was no vote past and therfore he cannot prove my particular and expresse assent to the sending of the letter or any other letter whatsoever and here to take off the Jealousie of a correspondency which in the close through the Grace of God I shall clear to you but to take it off now a little before I come to it if there had been a correspondency maintained would it have been imaginable that from the time of the fight at Dunbar which I think is ten months since to this time That there should be no letter that any man can say nor that I did certainly know of that either was written or conveyed or debated upon to be written from that time to this very day to any of the Scotish nation and yet all this tends to aggravate matters against me and all the burden is laid upon my weak shoulders Other men that have heavy loades have laid them upon my back to lighten them from off themselves Touching this letter he saith this was the substance of it or it was to this effect or purpose and again I insist upon it to beseech your Lordship and the Court to take heed what you do It concerns you more thâ—n me it concerns my life only But it concerns your honors and lives and souls and all That upon an uncertain evidence you do not spill a mans blood The man never read the letter only he heard it read and then he brings in to that and other letters This is the summ of it or it was to this effect And though this man hath done me injury in some particulars yet in others he hath done me right For being ask'd Did Master Love write letters or receive any or mend those instructions he only swears he saw the letters but cannot say I did read them Being ask'd whether I did give my consent to the sending away of that letter after Dunbar fight which is so much insisted upon and so greatly aggravated he did thus farr right me He said I will not swear he did give his consent being ask'd whether I was a correspondent he said he took me to be a correspondent and upon these words I had leave to ask him this Question Whether he knew J was a correspondent To this he said that Letters were heard by me but said he J cannot swear that he was a correspondent J did conceive Master Love to be a correspondent but J did not say so and J dare not swear that he was a correspondent So that herein likewise there is nothing but his humbly conceivings and his suppositions according to which J hope you will not passe any censure upon me and thus J have done with Adams testimony The fifth testimony is that of Jaquel which I do here again in Court except against as no Legall witnesse for he did declare he could not in conscience take an oath against me He did well nigh half an hour declare he could not swear but that he would make a Narrative or relation of what was true I did intreat your Lordships leave to put it to him whether he was under an oath or no and he said twice at least J am as good as under an oath if any person good or bad come under an oath J must stand or fall by his testimony and according to Gods Ordinance an Oath is to decide all controversies But the man declared He was not under an Oath and went out of the Court and was fined five hundred pound and when afterwards he was called into the Court again he did onely put his hand upon his Buttons on his Brest So that this was not any taking of an Oath but fearing his Fine he did it though with much seeming regret of Conscience and I am informed this day that he denies that he was under an Oath And if so Then I have nothing to say to his Testimony and so shall not speak to it but onely as to a bare Relation and naked Information There is nothing that doth concern me in his Testimony but onely a concurrence with Potter Potter and he coming to my house with some Letters as he saith One from Bamfield another from Argyle Louden and Louthian and Belcarris and another from one Master Batly if I remember right Now Sir as to these Letters I do not deny but that they brought them to my house nay I do acknowledge those two men did bring those Letters to my house at leastwise which they said were such but whether they were the Originals or Copies I know not for I never read nor kept the Letters but they carried away the Letters with them and Captain Potter said Master Love I have news to shew you at that very time when Mr. Jaquel and he came to show them at my house This Witness I cannot call him so but this Informer saith That being askt what was done upon the hearing of those Letters he said Potter read the Letters but that there was no Agreement upon it but an utter dislike in all that heard them about the Contents of them And he hath these words further It was says he a trouble I am confident to them that heard and read the matter of those Letters but being askt Did Master Love agree to the giving of Forty pound to Bamfield and his man To that Question he answers thus he said There was no Agreement but it was thought convenient by all Upon this I craved leave of your Lordship to ask him this Question How he knew my thoughts that I thought it convenient to which he gave this answer I cannot say any thing that Master Love did say it was convenient So that therein though he might presume upon a mans thoughts to know them yet he must onely judge my thoughts by my words as the tongue and heart agrees for he is not a god but he doth not say That I said it was convenient nor did either of them prove that ever I gave a peny either to Bamfield or his man The last Witness that came in against me is Captain Far and indeed I do not know what to make of his Testimony I will not call it a prompting that will be thought too bad a word but certainly it was such a Testimony that I never heard produced in any Court in my life For Master Attorney General and some others here did ask him Ninety eight Questions so that the man spake nothing deliberately but spake by reading out of his private Examinations which is extrajudicial to be brought in Court where the witnesses are to speak Vivâ voce There was I say so many Questions besides those I had leave to ask him propounded to him during the time he was upon his Oath And the man was of a dull spirit and slow of speech and I did perceive him to be so possest with fear that he knew not what he said for he hath manifest contradictions in his Testimony which I believe all the
day of March 1650 and the first day of June 1651. at London and other places as aforesaid did traiterously and maliciously give hold use and maintain correspondence and intelligence by Letters Messages Instructions and other waies prejudiciall to this Common-wealth with the said Charles Stewart Son of the late King and with the late Queen his mother and with the said Henry Jermin Henry Piercy and divers other persons being of councell and abiding with Charls Stewart And further to carry on and accomplish the said traiterous and wicked design he the said Christopher Love severall daies and times in the respective yeers aforesaid at London aforesaid and divers places within this Common-wealth of England and elsewhere as aforesaid did traiterously and maliciously use hold and maintain correspondence and intelligence with divers persons of the Scotish Nation that is to say with the Earls of Argile Lowden Lothian and Belcharris and with one Bayley Gentleman and divers other persons of the Scotish and other Nations whom he the said Christopher Love well knew to adhere to the said Scotish Nation in this war against the Parliament and Common-wealth of England And further he the said Christopher Love within the times and at the places before mentioned did traiterously and maliciously abet assist countenance and incourage both the Scotish Nation and divers other persons adhering to them in this war against the Parliament and did send and convey or cause to be sent and conveyed Monies Arms Ammunition and other Supplies to Scotland and other places and to the said Titus Massey and others in confederacy against this Nation without speciall leave and license from the Parliament of England or Councell of State or the Captain Generall of the Parliaments Forces And further to carry on and accomplish the said traiterous and wicked practice and designe he the said Christopher Love within the times and at the places before mentioned did traiterously and voluntarily relieve the said Sylas Titus Edward Massey Col. Bamfield and one Mason late of London Gentleman and one Sterks late of London Gentleman who then were and yet are under the power of the Scotish Nation and in Arms against the Parliament and Common-wealth of England with Monies Arms and Ammunition All which Treasons and traiterous and wicked practices and designs of him the said Christopher Love were and are to the apparent hazard of the publick peace of this Common-wealth and free State Parliament and people of England and to the manifest breach contempt and violation of the Laws of the Land and contrary to the form of divers Statutes and Acts of Parliament in such case made and provided And Master Atturney Generall by protestation saving to himself in the behalf of the Keepers of the Liberties of England to exhibite any other Charge against the said Christopher Love and to reply to the Answer he shall make to the premises doth for the said Treasons on the behalf of the Keepers of the Liberties of England impeach the said Christopher Love as a Traytor and publick enemy to this Common-wealth and free State of England and doth pray that he may be put to answer all and singular the premises that such proceedings Triall Examination Judgement and Execution may be thereupon had against him as shall be agreeable to Justice The Clerk Christopher Love you stand charged on the behalf of the Keepers of the Liberties of England by Authority of Parliament of high Treason and other high Crimes and Offences against the Parliament and People of England this high Court therefore requires you to give a positive and direct Answer whether you are guilty or not guilty of the Crimes and Treasons laid to your charge Master Love My Lord Before I plead I humbly crave leave to expresse my self in a few words to this Court and afterwards to make humble Proposals of what I desire in order to this Trial. In the first place being I am this day called to a great and weighty work in the entrance to it I do earnestly beg the prayers of all them that have an interest in God that he would carry me through this whole Triall with such gravity godlinesse and meeknesse of wisdome as becomes a Professor and Preacher of the Gospell and that he would keep me in this houre of temptation rather from sin then from suffering Sir I am this day made a spectacle to God Angels and men singled out from among my brethren to be the object of some mens indignation and insultation By my appearing in this place I am made a grief to many that are godly and a laughing stock to the wicked Here he was interupted by the court Lord President of the Court. Mr. Love how long time do you intend to take up Mr. Love I will be brief Sir L. Pres We have been calling upon God to direct us and you and all good people that justice may be done and you would glorifie God rather then man if you would confesse knowing what was done in that great sin of Achan there was great pains taken and the whole Nation was fain to be examined and their houses divided and at last when it came to Achan you know what Joshua said to him confesse and tell the truth and glorifie God this is that that if you respect God before man you may now clear your self and set forth his glory upon earth and your next work is to plead guilty or not guilty For we see that those wayes you go would take up time and we have taken all into our thoughts before hand Mr. Love I do not desire to protract time but I would not lie under a prejudice L. Pres When you go out of your way we must help you and know if any be under a prejudice here their prejudging is rather in mercy then in prejudice to you Mr. Love I hope you will not be more severe to a Minister then you were to Lieut. Col. John Lilburn When you were at the court at Guild-hall at the trial of Lilburne you gave him the liberty of two houres to plead before he pleaded guilty or not guilty L. Pres To a Minister you say well but I tell you we do more to a christian then to a minister and we are all christians and your ministry is but an Office and therefore what Mr. Lilburne had it was the favour of the court then but time is spent and pray do not you follow that now M. Love Whereas your Lordship is pleased to urge the case of Achan to me if my case were the same as Achans was I should do as Achan did confesse and give glory to God but Achans was a peculiar and extraordinary case and therefore I pray it may not be laid to me God was the informer and discoverer and God did by lot discover Achan to be the man L. Pres Will you plead M. Love I desire liberty to speak a word I had not diverted my discourse but upon your Lordships words Att. Gen. My
Lord I hope he will be so ingenuous as not to be long L. Pr. Take this in your way Mr. Love God is as present here as he was in the case of Achan Go on Mr. Love Sir by my appearing in this place I am made a grief to many that are godly and a laughing stock to the wicked and a gazing stock to all yet blessed be God not a terrour to my self Sir I am as Jeremiah was born a man of strife and contention not actively I strive and contend with none but passively many strive and contend with me yet I trust God will make me as he did Jeremiah an iron pillar and brazen wall against those that do oppose me that I shall not be dismayed at ther faces lest I be confounded before them Strong suggestions against me are generally received and great opposition strongly maintained and in this condition no man dares stand by me but God stands by me and strengthens me Here he was interupted again L. Pres Sir come to the businesse in hand M. Love I beseech you Sir spare me you gave Mr. Lilburne more time Att. Gen. Ly Lord when he shall come with such speeches that are nothing to the businesse in hand My Lord he instances in Lilburns case you know that debate it was in relation to a Narration M. Love Sir it was the Narration of his doings and sufferings that he might not be misrepresented to the Court. Att. Gen. You know you are a Minister and if it be your purpose to spin out time to think to ingratiate your self to the people it will not do My Lord this is a Court of Justice that proceeds according to the established Laws and Laws that have been read to him Mr. Love is a Minister and had he applied himself to God as he might have done he need not have been brought hither if he had not gone that way he did But my Lord I desire he may go on to the Charge and give his answer to it My Lord before we have done we shall have many occasions of discourse between him and I. M. Love I beseech your Lordship allow me that favour that you allow to every one you try that I may not stand under misrepresentations to you who are my Judges L. Pres Are not we of as much credit as you and are not we judged Ministers as well as you and more then you and I tell you that which you require we have already done and wish you as much happinesse as to our brother and for you to spend time about that which is nothing to the businesse it must not be suffered Att. Gen. My Lord let the constant known laws of the Common-wealth of England be observed as well as other laws of which that is one that he ought not to speak any thing till he hath pleaded guilty or not guilty My Lord I desire to take my course I do not make speeches against him to misrepresent him to you otherwise then he stands charged and my Lord I would not have him to cleer himself till he come to the triall whether he be not accused justly It is not my nature but the duty of my place and the duty of his place as a prisoner is to plead and to put himself upon triall that being done there will be occasion enough for him to plead his own innocency My Lord to take up two hours time in talking of that which is not materiall should not be M. Love I insist upon that liberty that Mr. Lilburne had L. Pres He did plead first M. Love No my Lord he did not plead first and I have much to move before I plead L. Pres You can say nothing till you plead M. Love My Lord I desire not much time Att. Gen. My Lord let the time now insisted on be what time it will Mr. Love will have time to speak for himself and it is so far from being to the point that it is trifling and this rather makes him seem guilty then it gives him any acquittance M. Love Prove me guilty first Sir Sir do not prejudge me Then command was given to reade his Arraignment The Clerk Christopher Love you stand charged on the behalf of the Keepers of the Liberties of England by Authority of Parliament of high Treason and other high Crimes and Offences against the Parliament and People of England this high Court therefore requires you to give a positive and direct answer whether you are guilty or not guilty of the Crimes and Treasons laid to your charge M. Love I refuse not to plead but I beseech you give me leave to speak before I answer Mr. Love having a paper in his hand the Judge said L. Pres How many leaves is it M. Love But two or three and if this Court be more strict and severe to me then that was to Mr. Lilburne I cannot help it What I shall say shall be something in generall and I beseech you give me leave to speak to it Att. Gen. Sir not before you plead M. Love Yet I have this liberty that when matter of law ariseth in the Indictment to make a motion and to move for counsel and to shew the illegality of it and though I confesse I am extreamly ignorant of the Law yet I understand that after I have pleaded I am not capable of counsell L. Pres You are mistaken Master Love M. Love I suppose I am not mistaken For in the third part of Judge Cooks Institutes I finde it thus The prisoner when he pleads not guilty whereby he denies the fact after the plea of not guilty can have no counsell but if he have any matter of Law to plead before he may urge it L. Pres He pleads he is ignorant of the Law and yet can make use of it M. Love I am to plead for my life and I am to use Scripture Law and any other lawfull means to save my life Paul did plead the Roman Law L. Pres Some of us know as much of Paul and Scripture as you do M. Love Sir I make no comparisons Then Mr. Love reads out of Judge Cooks Institutes The safest way for the party indicted is to plead upon his arraignment the speciall matter for the overthrow of the Indictment And this must be done before I plead and to require counsell for the pleading thereof which ought to be granted and to require a copy of so much of the Indictment which is necessary for framing his plea which ought to be granted and these laws ought to be construed favourably for that the Indictment is commonly found in the absence of the party L. Pres But your Indictment is in youâ— presence You are out of your way M. Love Sir you bring me out of my way L. Pres Your Indictment is not yet found there is nothing done behinde your back onely the reading of this but that is nothing but a written parchment till you plead unto it M. Love I have something to except
against the legallity of this Indictment L. Pres Go on then M. Love Sir the first motion I shall make is for counsell to advise in matters of Law relating to this Triall and as I do gather from hearing the Indictment there are severall matters of law that do arise in which I desire to have counsell assigned me and the first is whether the Act by which this Court is constituted of the 26 March 1650. that forbids receiving or sending Letters or Messages to or from England or Ireland do inable you to receive a charge against me concerning Letters to or from Scotland Scotland not being mentioned in that Act by which you are constituted therefore seeing this is matter of law I desire I might have counsel to advise with about it Att. Gen. Mr. Love then doth admit that he hath received and sent letters to Scotland M. Love I admit nothing Sir you charge me with it but I do not grant it Att. Gen. Then you will give us leave to prove it If he will admit that he hath sent and received letters from Scotland and so demur that it is not in your power I will joyne with him But my Lord there was a particular Act read that doth relate particularly to Scotland and that this court hath cognizance of that Act was read before hand but Mr. Love did not observe what was read to him and it is so far in favour of justice to him that you read him the laws and clauses upon which he stands impeached and that there is a law against sending to Scotland But my Lord these debates are lingring of time if a man will demand counsel he admits the fact that the fact is true but being true he ought not to be condemned upon it if so I will joyne with him But if he plead not guilty I shall be ready to prove it M. Love I beseech you Sir I do apprehend there is another matter of law ariseth and that is from the Act of the 26 Maerch 1650. there is a prohibition of sending letters or messages to any in arms against the Parliament now I am charged with sending and writing letters into Scotland now it doth not appear to me that Scotland was in arms against the Parliament of England but for their own preservation Therefore I desire counsel in this Whether I that am accused of writing and sending into Scotland am therefore accused of writing and sending to those who are in arms against the Parliament of England or whether they were in arms for the preservation of Scotland or in opposition to the Parliament of England Att. Gen. If you will admit still that you have sent or received from Scotland then I readily grant it M. Love I will admit of nothing I have so much of a christian in me that I will deny nothing that is proved to be true and so much of an Englishman that I will admit of nothing that is seemingly criminall L. Pres You are a christian and you are here in the presence of God as Achan was M. Love If it be proved against me L. Pres Then your denial of it will be a high transgression against God M. Love I could urge the case of Jesus Christ who when he was accused before a Judicatory answered not a word L. Pres You are out M. Love When Christ was accused in a civil businesse to be a mover of sedition as now I am they asked him whether he was King of the Jews and he answered them not a word But this is that I doubt whether there be not matters of law arising from the charge read against me and that in respect of the time of the Act of the 26 March 1650. which gives power to you to determine severall crimes and to proceed to the trial of the offendor And Sir it is also to me doubtfull whether this be not matter of law viz. whether this trial ought not to be by a Jury of twelve of the neighbourhood or whether in any different way from it and I doubt it upon this ground your Lordship having given me this hint for I was present at the trial of Mr. Lilburne and the formality of the law tied him to plead to this that he must be tried by God and his Country He refused it and your Lordship urged it upon him that he might safely plead it by God because God was in all Judicatories and by his Country because said you by Country is meant the Jury of a mans equals And this is a trial according to the law of the Land Now if you have declared that in Guild-Hall I beseech your Lordship inform me whether a different way from this of a Jury of the neighbourhood be according to law in Westminster Hall L. Pres You shall be informed That was a trial by the law as it then stood these now are all upon Acts of Parliament and Laws of the Land that are of as high a nature as they those are ancient Laws and these are Statutes lately made and of an extraordinary nature and were made to meet with such persons as you that have done such things as you have done And now for your Neighbourhood I hope you have twenty or forty Neighbours that are within the equity of that Law Mr. Love If they be a Jury I have power to except against 35. of them Att. Gen. My Lord he pretends Mr. Lilburns Triall but when you come to hear the evidence you shall hear what he was doing then he was preparing himself then in his businesse he thought his time might come and I am informed that since he hath been in the Tower Lilburn hath been his counsel M. Love Mr. Prideaux Sir you are no God to know my thoughts Att. Gen. I did say this from his own expression he was a diligent observer there that he might know what was done there that so he might prepare himself M. Love Sir you did declare this after the change and abolition of a King and House of Lords that a Triall by a Jury of twelve of the neighbourhood was according to Law and you urged Master Lilburne with this that he might plead and do no harm unto himself And not onely so but the House also declared That since the change of Government they would never alter that way of triall and upon the ninth of February 1648. they did declare That though they thought fit to abolish the Kingly Office and the House of Lords yet they resolved they would still retain and preserve the fundamentall Laws of the Nation for and concerning the preservation of the liberties lives and estates of the people Now Sir they declaring they would never alter this way of triall and you declaring this way of triall by Juries to be according to the fundamentall Laws of the Land I beseech you give me the reason why it is denied to me Att. Gen. My Lord it is very unusuall for a prisoner to debate with the court Here he is
to be controuled Let him know he is a prisoner upon the triall of his life before that court that hath been impowred by the Parliament they who did never binde their own hands I must say my Lord they cannot binde their own hands And it is this triall that they have thought fit to give him And for his excepting against thirty five then you will hardly be a court left My Lord I think if he look upon the court he will finde no enemies here knowing them to be of his neighbourhood and most of them of London and I think he known to them and they to him the most of them But my Lord these disputes are not allowed to others and the Gentleman will I hope have so much modesty at last that he will think he hath said a little too much to the court and I think it is not good to provoke too far And my Lord he hath said much and you have given him faire answers and those that are cleare and undeniable But if he speak of the jurisdiction of the court and that he will not plead let him speak in plain English and he shall hear me in plain English M. Love Although I am not satisfied as to the foundation and originall of this court yet I refuse not a triall hoping that tendernesse of conscience will appear in you and clearnesse in me and weaknesse of proof against me Upon this I do not refuse a triall but I will plead if I may have that which the Law allows me And according to my weak measure and unskilfulnesse in the Law upon the charge read against me I do apprehend there may be some things objected against the legality of the Indictment and many things to take it off both for matter of time and form and other things by a lawyer Therefore I intreat I may have counsell to be with me both in my chamber and here in the court and then I will plead Att. Gen. I am not here to make a bargain but this I will say to him he hath had so much tendernesse and respect as few men more He hath had notice of his triall above a fortnight and my Lord he hath not been denied counsell M. Love I could do nothing in order to my triall because I have sent for counsell and they would not come neer me because they were not assigned by this court and my studies being another way and being unskilfull in the Law therefore I could do nothing in preparation to my triall Therefore I pray do not destroy me in a hurry The more faire the triall is the more just you will be and I the more guilty if it be proved against me Att. Gen. I appeal to Master Love whether or no it was not denied to Lilburne and there is none that hears him but sees he hath prepared himself and perused severall Acts whereupon he is impeached But these are discourses my Lord which if he will put too nigh upon the court that we should dispute we cannot force words from him M. Love Mr. Prideaux is pleased to urge Mr. Lilburne but I have more matter of Law arising from the charge then he had and have not that triall by way of a Jury as he had and there are many things in the charge said to be done before the Act of the 29 March 1650. which gives you cognizance onely of things done from that time so that many things there are in which counsell would advise me therefore I beseech you deny me not that right and just favour L. Pres You do not breathe the same aire nor the same breath for it comes from you both yea and nay for you say you are ignorant and yet will not be informed by any thing that can be said and so your ignorance is wilfull But in this case I am sure what Law soever you can plead yet there be some Acts and matters you have denied M. Love I have urged matter of law arising out of the charge from the 29 of March 1650. There was no Act then that I know of that did prohibite the sending of Letters or Messages to or from Scotland and I am indicted for Letters or Messages sent to and received from Scotland before that time Att. Gen. I would fain give you satisfaction do not cast away your self My Lord we do use in law to lay it so for the fact we cannot tell what the proof will be whether the proof will be within this three moneths or ten moneths and it is laid in relation to other offences Mr. Love I have here the Letters of severall Counsellors and they returne to me their denial if I could have got their counsell I would And yet if I had had it I could not tell what they should have advised me in not having a copy of my charge L Pres If you had desired a copy of your charge you might have had it You must know you are before those that have law and conscience and that are bound to be of counsell for you and that is the court and it is their duty to see that whatsoever the law of England allows you to have that that you should have but you must have it in a due and proper time and manner of law appointed You are not now for the present where Lilburn was nor before such a court he was before a Commission of Oyer and Terminer who are to proceed according to those Laws and upon that the Commission directs and that is by that which the known and fundamentall laws of England direct unto but this is not in all particulars the like the Jury there hath a large latitude who proceed by way of grand Jury and petty Jury which are both included in this court so that in all things the proceedings upon that are not as upon this but thus far the proceedings are alike you have your charge and you are to plead to it for that is the first thing to be done there is nothing can answer your charge but whether you be guilty or not guilty if you plead not guilty then the evidence will be called and if then any matter of law ariseth upon the evidence it is the usuall course to assigne you counsell and to be counsell for you and to tell you it is law to have counsell but for you to demand counsell and first to have counsel assigned you it is against that form and legality that the law of England appoints for till you put your self upon trial we cannot allow you counsel to the trial so that you must plead and it is our duty to tell you so and it is the duty of this court to be as careful when you have put your self upon trial that all the benefit of the law may be afforded you therefore you need not fear it for if any of these things arise you now fear upon the evidence then will be your time and our time to stand upon this you now do
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
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
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
Thirdly promised to repay all whatever they should lend But when and by whom this payment should be made the letter will tell you and that is when God shall blesse their endeavours in procuring a free Parliament in England So the Parliament in England must pay all the Scots debts that these conspirators shall lend Truly I thinke it will be a very free Parliament indeed when it comes so free out of the peoples purses My Lord Mr. Love and others gave Bamfields man that brought this Narrative out of their own purses ten pounds and sent a bill of exchange of 30. pounds to Bamfield by one witnesse it will be expresly proved that ten pounds of this money came out of Mr. Loves purse My Lord William Drakes last letter did informe that Massey would break into England as soon as there was grasse for his horses and therefore he sent to have a good bank of money provided in readinesse and that they should think of timing a party and that they should neither rise too soon nor too late but just when Massey came in this Mr. Love told Major Adams My Lord now we come so near to the time as that one of these conspirators is apprehended by the Councel of State When he had been in restraint three daies he sent to Mr. Love and Mr. Love came to him but he had been at a kinde of a Fast for they did keep Fasts once a fortnight at least and Prayers for the good success of this design That God would bless this wonderful Treason which was for the making by the Scots Army an utter subversion of this Commonwealth and the free and noble and magnanimous people of England should be made vassals and contributaries to the Scots Nation This was the design and for this design the Ministers fasted and prayed But it is plain God did abhor such things And my Lord Master Love took upon him to speak to the person under restraint Take heed saith he what you do least you wrong your self or others and said It is true Titus his man hath broken up Papers but we are all well enough but give notice to the rest of the Confederates That they may not be surprised but be you not troubled because we have prayed for you this day And they implored the God of Truth that nothing of all this should come to light but that we should be in the dark still in generals My Lord This is the true state of the evidence as near as I can present it with a frail memory And my Lord I have opened nothing but generals your Lordship and the Court will judge of it and Master Love will have the less to do to answer But it appears by this That there hath been such a practice such a series of Treason Treason upon Treason that one Act of Parliament is not enough to contain it but all those Acts of Parliament read every one of them make him a Traytor And my Lord I am sorry I have taken up so much of your time especially when you have spent so much time before If your Lordship therefore will be pleased to have the patience to hear the Witnesses we shall prove more then I have yet opened At. Gen. My Lord This was an early Treason that began betimes to crush the Commonwealth in its infancy And my Lord Master Love being singled out for justice you will anone observe there was singular cause for it and if he had had his desert it had been long before now But States can play sometimes with Treasons and not take a time tell they see fit My Lord This Treason as I have opened it to you began in the year 1648. The King of Scots so called but take notice That the same Nation and Persons that proclaimed him King of Scotland proclaimed him King of England also at the same time in the same Nation and those persons that proclaimed this person King of Scotland the same proclaimed him King of England My Lord You have heard some of the Conspirators named Titus and Drake active men both of them These men have been so ingenuous That they have fled for their Treasons notwithstanding this Gentleman a Minister of the Gospel he doth not do so they have confest their offences and are fled for them they dare not appear they have so much guilt within them that prompts them to keep away but this Gentleman hath not so much My Lord Drake was so active and it was carried on with so much secresie and so much as they thought of Caution That Master Drake writing as that Gentleman next Mr. Love doth in short hand he burnt his Papers and burnt all where any thing was to be seen so that no originals are to be seen My Lord in this case it hath been opened to you what transactions Mr. Love had with Scotland and you have been pleased to observe it was a tender point that Mr. Love did enter discourse with the Scotch Nation Mr. Love was very much troubled at it and he may see just cause to be troubled at it And will you give me leave there hath been Blood and Treasure spent as was told you by Mr. Solicitor I am afraid I might too justly say by that Gentleman and those he did seduce That they have been too much the cause of this Blood even that Gentleman that stands at the Bar that should be a man of peace and not of blood My Lord I may justly say That that Gentleman hath been too much the cause of these late Engagements between these two Nations and making himself a party and it is a sad thing when parties appear against a State My Lord I am too much afraid what ever God pleases to work upon him That it should touch his Conscience that he should be instrumental in such a work But I verily believe had there not bin actings from hence there had not bin so much forwardness in the Kings party to the Scots My Lord I will minde that Gentleman of what is said of the fifth of November I am sorry for it that it should be said of our Ministers whose Faith is Faction Whose Religion is Rebellion it is said so of the Romish Ministers I hope it will not be said so of the English That their Faith is Faction and that they pray for strife and fast for strife My Lord For these men Drake and Titus they are gone as I said and they did confess themselves so much guilty as that they have fled for it and Mr. Love doth know I am sorry to see him in that gesture that he was conversant with them all and doth know I believe that we can prove it and when he hears the men named he will say so too Truly my Lord I have nothing to say against the person of the man but against his vices and faults and nothing to his Function and nothing to those whom he pretends so boldly to represent that is the Presbyterian party
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
present in M. Loves study when a letter was there read from Titus and who was present there and what were the debates upon it and what was the contents of the letter and whether it was not for some to come to Calice to him C. Pot. The letter I well remember I cannot say it was in M. Loves study nor can I say it was in his house I do not know M. Love was present the letter I have seen it or heard of iâ— it did desire some to come to Calice about the treaty and I remember well that Major Alford told me he did go to him L. Pres What was the contents of the letter C. Pot. I cannot well remember that I have seen it but I have either seen it or heard of it I cannot tell which L. Pres You must be true to the State and speak the truth C. Pot. My Lord I would be true to the State and to the Gentleman at the bar too And my Lord I can say no more to it I either saw it or heard of it I cannot tell which I am upon my oath my Lord the letter did desire some body to come to Calice to him Att Gen. Was not this meeting in M. Loves study C. Pot. I cannot say it was in his house I rather think it was not L Pres Was he present C. Pot. I cannot say he was present I think he was not present I think M Alford was sent to the tavern The papers of Captain Potters examinations were here produced by the Attorney general and by the Clerk read to him Att. Gen. My Lord these were his Examinations C. Pot. I intreat this may be remembred which I premised at fiâ—st I had a latitude then that I have not now I am now upon my oath and desire to be true to my own conscience and to the State and to this Gentleman I have made it is true such a confession as this is and I believe the greatest part of it to be true according to the latitude I spake it in but now I am upon my oath and now I am to speak knowingly the substance of the thing is true I believe that he was sent and sent upon such things so much I do verily believe to be true upon my oath but of the places Iâ—annot â—annot speak Att. Gen. Alford did go to Calice and return and how many daies was it between his going and returning and where did he give an account of what he did receive from Titus aâ— Calice C Pot. It is a hard matter for me to speak to the time I think about a week and for the relatiâ—n he made when he came back as I take it I met him at the Kings Head in Wâ—lbrook upon his landing whether he made the relation to me there or afterwards at M Loves whether I heard of the meetâ—ngâ— or whether I was at the meeting I cannot say I am sure he himself made me the relation but whether there or any other where I cannot make out Att. Gen. Upon your oath did not Major Alford make returne of the answer in Master Loves study C. Pot I cannot say it but I think it was there Att. Gen. Was Master Love present C. Pot. I think he was present and I think it was in his house I am sure Major Alford made me a particular relation between him and I. Att. Gen. Was Sterks the Scotch Agent there or no C. Pot. I cannot say he was L. Pres Was it read in Master Loves study C. Pot. I cannot say I was there His Examination was again read to him Att. Gen. What was the substance of the Kings letter C. Pot. It is so much out of my memory that I scarce remember there was a letter it is so much out of my minde More of his Examination was read to him L. Pres What do you remember of this now is this true C. Pot. I remember I have heard as much and I believe it is true L. Pres Have you not heard the letter read C. Pot. I do not know there was a letter sent nor do I know there was a letter read I desire to speak the truth I had a latitude then that I have not now I had then such an information shewed me and I spake to it so far as I thought it was true these papers you shew me as my examination were not of my framing The Clerk Look upon them is not this your hand C. Pot. I know it is my hand Att. Gen. My Lord I did go to the Tower to him and was with him and did examine him My Lord here be those that will prove it that himself did confesse and said it was true and he took time himself to inform himself and had as he said other mens examinations and informations by and he did adde and amend and gave it under his hand This is the truth after several examinations And he had papers by him and did correct them himself and brought them under his own hand written by himself these very things And my Lord ask him whether he did not write these things first with his own hand and bring them to the Committee of Examinations L. Pres Whether did you not bring in your own examinations and what you could inform written by your own hands C. Pot. My Lord that is my hand and what is there I must own as mine But I hope you will let me distinguish between what I delivered then as I heard it and thought and what I deliver posiâ—â—vely I do say it is true now as I have heard L. Pres Why did you not say of heare-say then as well as now Att. Gen. Upon the oath you have taken whether do you not know this of your own knowledge C Pot. Upon the oath I have taken and I desire to speak it in Gods presence I do not remember that I saw the letter from the King or heard the letter read or the copy nor can I say Alford told me so much though I think he did yet I do not know he did M Love I desire you would take notice whether this be faire that Mr. Attorney should help the witnesse by putting things into his mouth Att. Gen. My Lord I can help the witnesse by asking him questions C. Pot. My Lord no man shall so far tamper with me as to make me say an untruth Att. Gen. My Lord pray ask him whether he did not write these papers most of them with his own hands C. Pot. True but to open to the committee the ground of this businesse but I did not expect to swear to every one of these particulars Att. Gen. My Lord ask him whether after this return was made there was not a meeting and instructions made about the commission to be sent to Bredah C. Pot. My Lord to that I have heard so much but I cannot speak it positively I saw no commission nor instructions I heard there was both I do not know by whom I have
heard it I think by William Drake L. Pres Were you not at Mr. Loves house when they were drawn up and Mr. Love corrected them C. Pot. I never saw the instructions M. Love Nor I neither L. Pres Did you not heare so C. Pot. I did L. Pres To whom to be directed C. Pot. To Captain Titus L. Pres And to who else C. Pot. The commissions and instructions were to be directed to my Lord Willoughby of Parham Col. Graves Major Gen. Massey Capt. Titus and Alderman Bunce Att. Gen. My Lord ask him whether he hath not heard Mr. Love tell him so C. Pot. Never in my life L. Pres Were you not then present at his house C. Pot. I know not that I was nor can I remember His Examination was again read Att. Gen. Whether were you not at M. Loves house and was there not a letter agreed upon to Massey and Bailie and Titus C. Pot. I have been several times at M. Loves house L. Pres Whether were you not at M. Loves house with these correspondents C. Pot. I have been several times at his house with them and I have been oftner there upon other occasions L. Pres Name them C. Pot. I mean with M. Love and M. Jackson and M. Robinson and Major Alford and M. Drake and M. Gibbons L. Pres What was then agreed upon about letters when you were at M. Loves house C. Pot. I have a very bad memory I cannot speak to time and places and persons such letters I have heard of were written I professe I can speak no more knowingly I never had a hand in any one letter but such letters I have heard of L. Pres Upon what account did you meet at M. Loves house C. Pot. I met there sometimes upon a friendly account sometimes upon a christian account and sometimes to hear news and sometimes to tell news L. Pres Where did you meet with these persons with William Drake and these so often mentioned C. Pot. My Lord there was a correspondency in point of news L. Pres Between whom C. Pot. Between capt Titus there and William Drake here and he would tell us many times news there L. Pres Do you know Titus was imployed as an Agent hence C. Pot. I think he was L. Pres Had he money collected C. Pot. I do not know of one penny I lent him and I never contributed to him Att. Gen. My Lord ask him whether himself did not upon an occasion contribute ten pounds and bring it into M. Loves parlour C. Pot. I confesse that Att. Gen. For a table-book that was written in sack do you know of any such thing C. Pot. I do My Lord I went to William Drake in his retirement and he was writing out of his Papers some letters in a table-book which he told me was in sack as I take it L. Pres Why did he write them in sack C. Pot. I take it because it should not be discovered L. Pres Do you not know to whom the letters written in sack were sent C. Pot. I know not but he told me to Bayley and Titus L. Pres Where was Bayley and Titus then C. Pot. I know not where Titus was but I think Bayley was in Scotland L. Pres After Drake was gone where were your meetings usually C. Pot. Many times at M. Loves house L. Pres When you did meet there what did you meet upon was it not to receive Messages from Titus and Massey and Bunce and Bailey and to return answers C. Pot. We had sometimes letters read there but from whom they came or to whom I believe few can tell I cannot tell something of news we have heard of affairs that was the occasion of my coming sometimes Att. Gen. Did M. Love never tell you the occasions of those meetings and presse you to lend money to furnish Massey and Titus C. Pot. I can say nothing to that Att. Gen. What say you to the private fasts C. Pot. There were private fasts Att. Gen. What for a blessing upon the treaty at Bredah C. Pot. There were fasts kept but I never understood they were for any other end but for the sins of and judgements upon the nations and for the most part there have been hundreds of men and women there Att. Gen. Did M. Love often officiate there C. Pot. He hath preached and prayed L. Pres Did any pray for a blessing upon the treaty C. Pot. I cannot say so Att. Gen. What say you to those letters that came hither after the fight at Dunbar C. Pot. My Lord after the fight at Dunbar there came letters from Bailey and Titus and Massey L. Pres And where were these published C. Pot. My Lord I can say no more I have heard of these letters too L. Pres Were not you present at M. Loves house when they were read or made known there C. Pot. Possibly I was I cannot say I heard the letters read there I did hear letters by a private hand occasionally afterwards Att. Gen. By the oath you have taken were you not present at M. Loves house when those foresaid letters from Titus and Bailey and Massey were published and read C. Pot. My Lord I cannot say I was there and I dare not say I was not it is a yeer ago I believe I was there several times when several letters were read and it may be when those were read L. Pres Whether was there not five pounds given to a messenger that brought them C. Pot. I have heard there was but I do not know it L. Pres Did you contribute any thing towards it C Pot. I think I did contribute ten shillings L. Pres VVho contributed besides your selfe C. Pot. I know not Att. Gen. VVas there not at Mr. Love's a promise of armes or letters C. Pot. My Lord I cannot say so Att. Gen. VVat can you say C. Pot. I have heard there was Att. Gen. By whom have you heard it C. Pot. I cannot say by whom or who told me so either Mr. Alford or Adams or Far or some of those men that used to meet there for it was common when I was not there â—or some or other to meet with me Att. Gen. Did Mr. Love contribute to the messenger C. Pot. I cannot say he did Att. Gen. My Lord I do not ask him one question but what himselfe hath confest C. Pot. I do remember such letters I have heard did come but never saw those letters I do likewise remember I heard there was five pounds gathered for the messenger and I do believe I contributed ten shillings towards it Att. Gen. VVho else gave besides your selfe and who received it C. Pot. I professe I know not Att. Gen. VVhether was there not a Declaration to the Church of Scotland then published C. Pot. The Dâ—claration I know nothing of it you remembred me of it at the Committee when I was first examined but I knew nothing of it Att. Gen. My Lord Ask him whether the State and Church did not write
for armes and ammunition at that time after the fight C. Pot. My Lord I have heard so much but cannot speak positively or particularly to it I have heard of such letters but cannot tell by whom I saw them not Att. Gen. To whom were they directed C. Pot. I never heard who wrote them nor to whom they were directed Att. Gen. Was there not one letter with L. upon iâ— C. Pot. My Lord About the letter L. I did receive those letters my self there was an L written upon them My Lord these letters came from Bamfield out of Scotland there was in these letters a large Narrative of the Affairs of Scotland from Dunbar sight to the time of the date of them which I think was about Christmas this is a thing I know better then I am affraid I give offence by saying I think and I heard and that I cannot speak positively but of this I can speak positively Bamfield gave an account therein of a Narrative of two sheets of paper and I and another or two opened them and I carried these letters to Mr. Loves there was one or two more with me Mr. Jaquell and I think Dr. Drake I cannot well tell There was a Narrative of the Scots Affairs and a Letter from namelesse persons which we supposed to be from Mr. Baily and from my Lords of Argile and Lowden and Lothian and others whose names I doe not remember these letters wrote for ten thousand pounds for buying of Aâ—mes and hiring of shipping these letters we disliked and we dissented from them and agreed to give a negative answer but we thought fit for our own safety to raise some money for the messenger and Bamfield to which I contributed ten pounds I carried all these letters to Mr. Loves one or two were opened I think we opened them the Narrative and my Lord of Argiles letter I opened before I understood what they were Att. Gen. Why did you carry them to Mr. Loves C. Pot. There was a great deale of news in them there was a letter L. and I did in my examination say I conceived it was to Mr. Love but now upon my oath I do not remember very well and I do not think it was to Mr. Love I do confesse I carried these letters to Mr. Loves I and Mr. Jaquel these letters were opened but whether Mr. Love opened them or I or the other I cannot tell Att. Gen. With whom did you leave them C. Pot. I brought them away all of them Att. Gen. VVere they not read C. Pot. They were all read Att. Gen. He confesseth further he paid ten pounds to whom were the letters directed C. Pot. The letters had no direction at all upon them I believe Att. Gen. My Lord Ask him whether there was not a sum of four or five hundred pounds agreed to be raised C. Pot. The advise that was given to that was that we should do nothing in it and we did nothing in it more then I tell you I carried those letters to them and had discourse of them and resolved to do nothing in them Att. Gen. Why did you carry them to Mr. Loves C. Pot. I went for advise what I should do in them Att. Gen. My Lord Pray ask him concerning the foure or five hundred pounds and for what and whether this discourse was at Mr. Love's house whether there was not a Proposition for raising of four or five hundred pounds and for whom this was to be raised and where to be raised and by what means C. Pot. I heard there was I do not know the place where to this I contributed ten pounds I brought it one evening to Mr. Loves house and there I left it Att. Gen. Where was this money agreed to be raised C. Pot. I cannot speak to that Att. Gen. VVho took the Subscriptions C. Pot. I cannot speak to that neither Att. Gen. Did Mr. Love contribute C. Pot. I cannot say he did Att. Gen. Was it in his house C. Pot. I do not know that I subscribed at all I do not think there was any subscriptions I am sure I never subscribed my name Att. Gen. When you came into Mr. Loves palour and left the ten pounds did you not give him a twitch by the hand C Pot. I cannot say so His Examination was again read L. Pres Is this true C. Pot. The substance of it is true L. Pres Of your own knowledg C. Pot. Of my own knowledge that I left so much money The Clerk reads more of his Examination C. Pot. This is a Section I never worded nor phrased my selfe I have heard as much as this comes to but cannot speak it knowingly Att. Gen. Did you not write this your self C. Pot. I belive not I cannot positively say that Mr. Love either drew up the letter or received the letter Att. Gen. You say he received the letter from your owne hands C. Pot. But not the letter from Titus and Baily Att. Gen. Do you know of a way of correspondency laid at Kendal or no C. Pot. I heard there was such a correspondency Att. Gen. By whom C. Pot. I cannot say by whom Att. Gen. Do you know that Groves was sent to look for letters there C. Pot. Yes L. Pres Did Mr. Love know of it C. Pot. I cannot say he did Att. Gen. VVhat had Groves for his pains for going C. Pot. Ten pounds At. Gen. From whom C. P. I paid it At. Gen. Did you receive any of it again C. Pot. I did receive some of it I received two 10 s. by severall persons Att. Gen. From whom C. Pot. From Gibbons and Alford and Far. At. Gen. Not from M. Love C. P. I do not know I ever had a farthing from him in my life Att. Gen. My Lord ask him whether there was not letters returnrd to Bamfield again and by whom C. Pot. My Lord J did receive a letter that J suppose was to Bamfield L. Pres from whom did you receive it C. Pot. Jt was left in my shop L. Pres By whom C. Pot. J cannot say by whom L. Pres Whom do you conceive it came from C. Pot. J think from M. Love or Doctor Drake Att. Gen. Do you conceive so My Lord ask him whether Mr. Love or Doctor Drake was not appointed to draw the letter C. Pot. When we were together there was a negative answer resolved upon and this answer to the best of my remembrance was agreed to be drawn up by Mr. Love and Doctor Drake but J received this letter At. Gen. And who received the thirty pounds C. Pot. J cannot tel At. Gen. But you sent the letter C. Pot. J did At. Gen. Ask him whether he did not send for M. Love and what discourse past between them since he was in prison C. Pot. J did send for M. Love and he did come to me and J desired his counsell as a Minister and J told him upon what score J was questioned then J was questioned upon M Cook only
and he gave me encouragement onely as a friend and Minister of the Gospel ought to do At. Gen. What was that C. Pot. He wisht me to make a Christian use of my afflictions and gave me some other instructions we had an hours discourse and it was all to this purpose he wisht me to make a Christian use of my restraint and to labour to get Christian Wisdome and fortitude L. Pres What did he say more to you C. Pot. My Lord no more past between us and J gave him an account of what questions J was examined upon in Cooks businesse L. Pres Did you give him an account C. Pot. J have said so and he did advise me to prudence and fortitude and courage At Gen. Did he not advise you to be couragious and that unlesse you discover one another you were safe enough C. Pot. My Lord my keeper was with me and we had no such discourse At. Gen. Did he not wish you to be silent C. Pot. Either then or since he did tel me there was a letter came from M. Drake that told him Titus his man had taken some letters from Titus but he could not conceive how it could concern me Att. Gen. But did he discover nothing and wish you to be prudent for your selfe and them C. Pot. He did not then Att. Gen. VVhen then C. Pot. I saw him not since and he told me of Bamfields man Att. Gen. How came it about Mr. Love spake with you C. Pot. I did prevail with my keeper to go with me to dinner and to take a glasse of wine and then I provided for Mr. Loves coming to me Att. Gen. What hath Mistresse Love said unto you C. Pot. I saw her ever and anon Att. Gen. What hath she said to you C. Pot. She hath wish'd me with tears to have a care of her husband and not to discover any thing I think she hath Att. Gen. Did not Mr. Love say then that he had been at a fast where you were remembred C. Pot. He did so Att. Gen. My Lord I confesse I was with this man in the Tower as I am bound to do by my place to examine him he had made his examination before I came thither and I brought it with me My Lord I did ask him questions he did answer me upon knowledge he did confesse the truth but told them Mr. Atturney Generall was pleased to help him to particulars and bring them to his remembrance C. Pot. I professe if it had been to save my life I could not affirm them but you putting me in mind of it I did know of it Att. Gen. At the Committee of Examinations then he had more particulars told him and he did confesse he did know them all and he may give you an account whether he did not give an account under his own hand My Lord I am not abused but the Councel of State and the Parliament are abused and if this man should do this wrong to Mr. Love and informe the Court and Councel and the man be brought upon his life because he hath affirmed it and that severall times before severall Committees This man must not scape unpunish'd if for no other fault but this to accuse a man before Authority and when he comes to his oath to deny every word of it Captain Fisher will witnesse that he did bring all under his own hand and upon my credit he did speak as fully as we did open and much more fully and I answered upon here-say how do you know it and he said he did know it he did remember it and he did put it down positively and that when Mr. Drake went away all the meetings were at Mr. Loves house and Mr. Love did still declare the occasion of the meetings and the letters were opened by him and the discourse upon them and every word he said upon his own knowledg C. Pot. I do confesse again that before Captain Fisher and Mr. Atturney did prompt me Att. Gen. Prompt you Sir C. Pot. Before he did remember me of them I had forgot them as if I had never heard them but it is one thing to remember a thing as I have heard and as J conceive to be true and another thing to swear to it positively and the paper allowed me this latitude some of it I have heard the rest J believe and some J know and upon this account J believe it is all true Att. Gen. My Lord 'T is possible J might wish him to expresse what he did know himselfe and what he did know by relation of others and so did set it down and he did it fully and clearly and after all this brought it in again written with his own hand to the Councell of State Att. Gen. My Lord if you please Captain Fisher may go for the Originall under his own hands Clerk The Originall cannot be â—ound Mr. Love Here is nothing at all that concerns me about the businesse of Titus in Jersie and about the letter from Titus and the copie of the letter from the King he tels you he doth not know it was in my â—ouse he tels you it was but a copie not the Originall Captain Potâ—er withdraws Major Alford called into the Court and takes his oath Att. Gen. My Lord let him declare what he knows either by himselfe or others and of his imployment at Calice make the whole Narrative as much as you can remember Major Alford My Lord J was one morning wish'd to go with William Drake to the Swan at Dowgate heating there was a Gentleman lately come from the Prince where J should hear all the news from beyond the Seas when J came there it was one Captain Titus one whom J had never seen before and he gave a relation of the good disposition of the Prince and how inclinable he was to take the covenant and to cast off the cavaliering party and those about him if theâ—e were an opportunity to make it known that there was a considerable party in England that would stick close to the ends of the covenant Upon that Sir my selfe and some others that were there did think we were bound in duty and in relation to the Covenant to presse the ends of the Covenant for the Prince to take it and to prosecute the ends of it And for that Captain Titus said if we would appoint another meeting he would draw up something by way of attestation or petition to the Prince to that purpose My Lord we did meet at the Bear in Breadstreet and there he did draw forth something that he had framed to that purpose and he read it and afterwards not at that time it was agreed upon to be sent over to the Prince The substance of it was to presse the Prince to apply himself to take the covenant and to prosecute the ends of it and to cast off all his cavaliering party about him which had brought so much mischief to his father and would do
the like to him This Captain Titus drew up and this I believe was sent over for Titus undertook to send it over I did ask how the Prince should be made to believe that this coming from an inconsiderable party as we were should come under the notion of the Presbyterian party of England for it went under that notion He said he should undertake that by the means of my Lord Piercy And the petition that was agreed upon he did send over I believe for I did not carry it to the post-house but he did undertake to do it Afterwards he went over himself and when he was over he had information that there was notice of his being here and of the businesse he was upon and therefore he writ over to William Drake as M. Drake told me that he did desire some of us that knew of the businesse should be sent over to him to receive that account from him which he had in the businesse So M. Drake did perswade me to go over to Calice and having some businesse of my own I did go over to Calice I went from my house on the friday night and I was back again on the tuesday following And he did give me an account of that transaction The substance of it was this It was about his own troubles he had undergone there by the cavalieâ—ing party in managing that businesse He had likewise been imprisoned and they told him they would try him as a spy and that they urged hard against him and that he was in that condition till my Lord Liberton the Scotch commissioner came over and by his means he had accesse to and favour with the Prince And that was the substance of all He said the King was averse to the covenant not of himself but by reason of those counsels that were about him And this was the substance of that account he gave me of his transaction there at Jersey in reference to the businesse he went upon And this he gave me in writing which I brought over to deliver to M. Drake for it was directed to him which I did deliver Afterwards Master Drake carried them to Master Loves house where they were read And that is all as to that businesse Then afterwards there was a commission they called it a commission it was agreed upon among us to be sent over to my Lord Willoughby of Parham and Massey and I think Graves and Titus that they should agitate and act for us at Bredah and to advise with the Scotch commissioners that were there in the behalf of the Presbyterian party here in England and that is all in relation to that Afterward M. Drake read to me the copy of a letter in characters which he had written himself in his own back-shop which he told me should be sent to the Queen which was to perswade her to perswade the King as he came that way to close with the Scots for that was the likeliest way to make good his own interest but that was at M. Drakes house onely between him and I. Afterwards M. Drake told me he had disbursed money about receiving of letters and receiving of news and did wish me that I would let him have ten pounds and said he would speak to some others of his acquaintance to do the like and if he could get up a considerable sum I should have part back again for he said the charge was too great for him to undertake and I do think he had ten pounds of me for that After Dunbar fight there was I and some others at M. Loves in his great lower room where was a letter read that was said to be from Major General Massey that gave an account of the businesse of Dunbar and also did write for Arms I know not how many thousands and to that purpose that they might be provided by the way of Holland But upon that all that were there did say I heard no man speak of providing arms or any such thing He writ in his letter that for his own necessities and Captain Titus that was there that a motion might be made for providing some money to send over for their supply and it was then said we were so inconsiderable and so few that the sum spoken of could not be done and therefore it was moved that every one should do by himself and friends what he could This was the substance of that Att. Gen. I believe My Lord he hath dealt ingenuously with you This in the generall I pray you ask him what he knows concerning any letters that should have been sent at the beginning of the change of this government to Scotland from any part of England Major Alford For that I know nothing but heard Mr. Drake say that he had correspondency with some in Scotland and I have heard him use one Mr. Baileys name and he had a cypher which they writ by Att Gen. For the Swan at Dowgate he gave relation of that but who was present then Maj. Alford Truly my Lord it is so long since that I cannot positively tell but I am sure I can remember there was M. Huntington and William Drake and Lieut. Col. Bains And I cannot tell my Lord I think there was one Mr. Hall Att. Gen. Was Mr. Gibbons there or not Maj. Alf. Truly My Lord I cannot tell whether he was there at that time or no. Att. Gen. My Lord he saies Titus at that time did give relation of the Prince and his party Can you remember what that relation was and do you know whether this was not afterward communicated and to whom Maj. Alf. I have given you the substance of it but for communicating of it I knew it from none but onely from those there Att. Gen. Titus took time to draw it up Maj. Alf. He did so and at the next meeting at Breadstreet there were the same men again and I think at the same time there was Col. Barton Att. Gen. Was there no mention then when it was propounded to you to be a considerable party was it not said the ministers were to be acquainted with it Maj. Alf. It was asked Titus how the King should be possessed that this came from the Presbyterian party in England because it was agreed upon that there should be no names used to it he said there needed none but onely the ingagement of the ministers in it Att. Gen. What ministers Maj Alf. Truly he did not speak a word of any man that I know of Att. Gen. Was it not then propounded that Titus should be sent to the Scotch King before Commissioners came to him to have a correspondency settled between him and some others here Maj. Alf. I cannot say at that time but afterwards Whether at that time or any other J cannot tell but one time Titus said he had learned from my Lord Piercy which had hastened him over that this businesse was of that concernment that they that did undertake it should be there before the
Scotch Commissioners did come And thereupon Titus as William Drake told me for this was not at the meeting was perswaded to undertake to go about this businesse Att. Gen. Whether was there not some directions given for a letter to be written to the Queen to prepare the Articles with the Scots Maj. Alf. I cannot say any thing but what William Drake told me privately between him and I as to that purpose a letter to the Queen Att. Gen. What was that Maj. Alf. I did tell your Lordship Att. Gen. My Lord ask him whether he was not at supper with Titus Maj. Alf. No my Lord I was not there when he offered himself to go as I know of Att. Gen. What money had Titus to bear his charges Maj. Alf. Thirty pounds Att. Gen. From whom Maj. Alf. From William Drake singly L. Pres Did not Drake gather it up again Maj. Alf. My Lord I cannot tell I know nothing of any man but what I did my self Att. Gen. We were now speaking of the meeting at Mr. Loves house and of Titus letter being read and he sent Let him give a particular relation of that again I make bold to ask him questions to help his memory Maj. Alf. The letter that was read of Titus was not at Mr. Loves house as I know of but Mr. Drake for all things came to him and we knew nothing but onely from him for the correspondency was setled between William Drake and Captain Titus nor at any publick meeting that I know of but what Drake told me L. Pres But you were at Mr. Loves house you said but now Maj. Alf. I was but not upon this accompt it was after I had been over for I do not know that ever I was at Mr. Loves house or ever spake with him till I went over if I have I have forgot that ever I spake in my life to Mr. Love about it till after I came from Calice and then I did bring over a relation and gave an account of it concerning Titus his transactions L. Pres That account you gave at Mr. Loves house Maj. Alf. No my Lord I gave it to William Drake for it was directed to him and it was three or foure daies after that we met at Mr. Loves house where Mr Drake read the thing L. Pres At what time was it Maj Alford At the time when the Scotch King was at Jersey Att. Gen. Whether did you bring from Titus a copy of a letter from the King Maj. Alford That I forgot but Titus did shew me a letter at leastwise he said so that he had it from the King that he sent to this Presbyterian party And my lord he did copy out the letter and the copy he gave me which I did bring over L. Pres To whom did you deliver it Maj. Alf. I delivered it to William Drake I gave it Mr. Drake himself and I think at his own house I think it was the same and that it was read at Mr. Loves house The substance of it was this as he told me That he took in good part the petition or application that was made to him and if ever God did restore him and that he was in a condition then he should think of it L. Pres What did he speak of a non-compliance with the present Government and by whom Maj. Alf. I do not remember a word of that Att. Gen. What said he concerning the Scots and what he would do for the Ministers if God restored him Maj. Alf. I cannot tell any such passage nor do I remember the particulars of it L. Pres The letter was then read you say Maj. Alf. I suppose it was the same that I gave to Mr. Drake but I cannot say it was the same because it was not in my custody Att Gen. Did not you propose to send fifty pounds to Titus Maj. Alf. For that I heard say that there was fifty pounds sent to him but whether it were or no I know nothing of it nor did contribute to it nor knew nothing of it Maj. Alf. Did not you make a Narrative your self of what you received by word of mouth from Titus Maj. Alf. It is very like I did speak of it to this purpose I tell you of I do not know particularly what I said At. Gen. Did you not receive an account from Titus of his transaction at Jersey M. Alf. I did Att. Gen. Did you not give an account of that you received from him M. Alf He gave it me in writing and I delivered it to Mr. Drake Att. Gen. But when you met at Mr. Loves house afterwards did you not make some narrative of what you received from him by word of mouth M. Alf. I had it not by word of mouth but onely by the delivery of papers to me which he could not bring over with safety L. Pres Were those papers read at that meeting M. Alf. I tell you my Lord I delivered them to Mr. Drake and Drake did reade some papers and J believe they were the same but J cannot say they were the same for they were out of my custody Att. Gen. Who then were there present M. Alf. There was Mr. Love Dr. Drake Mr. Case Major Adams Mr. Gibbons and Capt. Far. Truly J cannot particularly tell At. Gen. This was given him at Mr. Loves house and Mr. Love present My Lord I pray you ask him whether Titus his message was not well approved of and the letter of thanks to be returned and the hundred pounds in money M. Alford I do not remember any of these things you speak of now Att. Gen. What do you remember was said concerning him there Ma. Alf. I do not know what was said I do not know what any man could say to them which were papers from him I do not remember any particulars it is so long ago I believe now it is two years ago Att. Gen. Do you not remember that this was one passage in the Kings letter that the King wisht them to send Commissioners to Bredah M. Alf. I do not remember that Att. Gen. But was there not a commission at Mr. Loves house agreed upon to be sent M. Alf. That there was Att. Gen. What was to be the effect of that commission Ma. Alf. It was to advise those men to joyne with the Scotch commissioners to take advice with them and to accept the Presbyterian party with the King in relation to the first petition that was sent Att. Gen. Was Master Love there M. Alf. Mr. Love was there but I do not know what Mr. Love or any man did direct in it Att Gen. Who did correct those instructions M. Alf. I cannnt tell Att. Gen. Who was agreed to prepare the commission M. Alf. I do not know for I believe it was prepared when it came there I heard that which we call a commission read there but who prepared it or acted in it I do not know Att. Gen. Did Gibbons bring it M. Alf. Who brought it
Truly Nothing more Att. Gen. What do you know of any correspondency setled at Kendal Mr. Alford Nâ—thing at all Att. Gen. This was since Dunbar fight Do you know of any letters that came from the Kirk or Lowden or Argile or any of those Mr. Alford No J know nothing of that Mr. Love You confesse you went to Callice and brought the copie of a letter from Titus Did J send you to Titus Mr. Alford No J do not say you did Mr. Love It is alledged by this Gentleman that it was sent out of my house Did J write any letter by you when you went into Holland And upon your coming home you say the copie of a letter was read at my house will you swear I was in the roome at the time when the letter was read I was in my houâ—e but did not I go often out and in Sir I do speak this because some at the Committee said I went in and out often Do you swear that I heard the leâ—ter read in my house M. Alford M. Love it was read in your study but that you were there when the letter was read I cannot tell M. Love He says he cannot tell that I heard the letter read M. Alford I cannot tell whether you might go out M. Love How long ago was this letter M. Alford I think it was at that time the King was at Jersy I cannot remember the month I think about two years ago M. Love VVas the letter sent to me or was it received by me M. Alford I did not say it was I gave the paper I brought over from Titus to William Drake and some two or three dayes after when we did meet at your house M. Drake read those papers for he told me they were the same but I cannot tell they were the same Mr. Love I desire he may be asked whether I did give my consent to the sending the pretended Commission he speaks of M. Alford Truely there was not any mans particular assent asked that I know of L. Pres Was it not agreed in the generall that it should be sent over M. Love I pray ask him this question did not I dissent from sending the Commission M. Alford I do not remember it M. Love For the businesse of mony he saith there was two or three hundred pounds raised do you affirm I raised a penny M. Alford I did not say it was raised but I say it was there propounded to be raised L. Pres This he did say There was a proposall for the doing of it and you did perswade the doing of it and he left ten pounds with his man afterwards M. Love Ask him whether there was not a letter at that time read that Massey was withdrawn at that time in discontent from the Court M. Alford I do not remember that particular M. Love Ask him whether the mony was sent to buy armes or raise forces or only to supply his wants he not having a livelyhood M. Alford It was not for armes but it was for Massey and Titus to supply their necessities M. Love But he proves not that I lent any M. Alford I do not say you did Att. Gen. Observe Sir there was a letter for armes at M. Loves house read there and M. Love did propound three hundred pounds to be raised and prest the doing of it accordingly M. Alford did likewise lend ten pounds you may beleeve there hath been tampering with this witnesse too My Lord ask M Alford whether there was not a letter brought to him by his Sister M. Alford My Lord after I had liberty for my wife to come to me she did give me a paper which I knew was my Sisters hand if I saw the thing I could tell but it did miscarry Captain Fisher My Lord the messenger is here in the court that did take the letter of which this is the true Copy word for word Major Alford withdrawes and Major Huntington is called into the Court and is sworn L. Pres What do you know about M. Loves house about the Commission and Captain Titus M. Huntington My Lord I can say that about March 1648. I met with Major Alford and he told me that Titus was in town and asked me if I knew him and I told him I and asked him where he was he said he was newly come from beyond Sea from the Fry there being Alderman Bunce I asked him where he was he said little to me but he said he was to meet him the next day at the Swan at dowgate that there was to be some Citizens in order to those Gentlemen beyond the Seas to speak with him there I did meet and the Citizens there were Col. Barton Col. Vaughan Captaine Massey L. Col. Bains and I think Hollis his man I am not certain of it but Captain Far was there the businesse at that time was only commendations from their friends there and to tell them that he was commended to their acquaintance And afterwards he grew into very high praises of the Prince and that he had the knowledge of it from a Scotch Lord I know not his name After this he told them the Prince was running very unhandsome courses and they had very great hopes that his own inclinations did not lead him to it but it was the Malignant party about him that had a prevalency over him there as over his Father here but he did rather incline to join with the Jrish Rebbels and did beleeve he would incline that way unlesse he could get something from hence to divert him from iâ— whereupon he did hope they would all set themselves that way and that he would get letters from persons of honour whom I know not that should perswade him into a good belief of the Scots and to take the Covenant after this there was a meeting again I think fourteen days after at the white Hart in Breadstreet and there I met too in the time that I was there I did understand there had been a meeting or two before in order to the businesse Captain Titus did declare he had now again letters from persons of honour to send to my Lord Piercy and did hope they would set something a foot amongst themselves of the like consequence for Massey Bunce and Graves could see no way under the heavens but for the King to take the Covenant and joyn with the Scots and to engage the Covenanting party here And to that purpose he draws forth a paper that did purport that they were bound in honor and justice and conscience and I think Loyalty to maintain him in his just rights if he would go and joyn with the Covenanting party in Scotland and that he had no other way under God but that which if he did they took themselves bound in Conscience to help him to his just rights Upon this L. Col. Bains makes objection to it and said it was a Malignant businesse and did fear there was no good designe in the thing
and thereupon they did break up I cannot tell whether it was sent or no for they were affraid he would betray the businesse After that I was told by Major Alford that Bains told them he was very sorry he should meddle in that businesse and that they would never prosper that had any thing to do with him for that the sins of him and his Father were so great whereupon they were very wary and affraid he would discover the businesse And he I think knew no further After this I did understand this letter was sent to the Prince and I was told so by M. Alford that it was sent in the name of the secluded members and Ministers and Citizens and souldery and Noblemen I remember it fetch'd a great compasse wherupon when the Prince saw this letter and had it from my Lord Piercy he stormed at it said Who are these Noblemen and the rest What can they do for me can they raise me ten thousand men Wherupon there was nothing done but Titus retired himself to his mothers house there lived about three quarters of a year and came to town after did solicite his own business A little after this I heard upon the businesse of the Scots that there was another letter sent that did begin the thing again and now the Prince had considered of the thing and sent over the letter and I heard that it was to the Ministers of London I did not see the letter but Alford and Drake told me it was so After this Titus was sent away and that with a sum of mony as I heard who lent the mony J cannot tell and what sum J know not but presently after this J coming to town out of the West in March 1649. in the beginning of March the day of my coming to London after J had been here one or two days at most J met with Hollis his man in Fleet-street I do not know his name he met me and I asked him what news he told me he wondred that I was a stranger and I asked him what news saith he if you come to M. Love's house you shall hear newes what is your businesse there said I he said it was to pray together and to hear the newes I went about nine of the clock and prayer was over and the news a great part was over but after I did come there that I did hear was this William Drake pulled a paper out of his pocket that I understood he had put into his pocket or withdrawn because of a stranger and afterwards he took it out again The substance of the paper was to this puâ—pose as I remember it was in characters and pulled out of his pocket and by him read In the name of the Commissioners commissionating the Lord Willoughby of Parham Major Generall Massey Colonel Graves Captain Titus and Alderman Bunce in order to the Treaty in the behalfe of the well affected party in England and these to joyne with the Scotch Commissioners according to such instructions that should be therewith inclosed And some body asked him what power have we to give such a commission it was answered again by Wiliam Drake that we have the Kings command for it and wee have likewise the authority of some prudent Parliament man whom wee look upon saith he beyond the power of them that now sit whereupon M. Love replies Come come let it go and after that I knew nothing Att. Gen. Repeat that again Huntington When the question was asked what power have we to send or give commission saith Drake we have the command of the King to do it besides we have the authority of secluded Members whereupon Mr. Love replied Come come let it go Mr. Love Pray ask him this one question Were there no speeches between William Drakes words and those words he pretends were mine Huntington J remember none Huntington withdraws L. Colonel Bains is called into the Court and is sworn L. Pres Speak what you know of this businesse Bains My Lord Concerning any thing that came from Scotland I never knew any thing nor did I ever hear any thing for Dowgate J was at two meetings at Dowgate At the first meeting there was a person that J did not know which at the second meeting J was told was Captain Titus and he at that meeting where there was nine or ten or more or thereabouts he did propose some thing to be done in order to the restoring or preserving the Presbyterian Jnterest by way of application to the King as he called him and did advise it to be by way of petition and that he conceived to be the onely way to preserve the Presbyterian Jnterest in England and that way would be the way to assure him he had a considerable party in England and he did use many arguments as a duty lying upon us by our Covenant to apply our selves to him and he offered to draw up a draught of a petition against the next meeting to that purpose and he said it was necessary some thing should be done by some Parliament men and some Ministers and some Citizens that were leading men men that thereby he might be assured that he had a party and that considerable At the next meeting which was suddenly after he did produce a paper which as J remember was in short hand a petition which was to the purpose J have hinted There were severall debates whether it should be signed or not signed and my selfe and two more before disliked it and before he read the paper he began to commend the good nature of the King what good affections he had and likewise did say there was a necessity something should be done to the Queen and Jermine and Piercy who he said were our friends that they should stir him up to comply with the Scotch Commissioners and upon this there was my selfe and two more there present I hope it sate upon them as upon my selfe disliked the businesse and from that time for my own part I never heard any thing the heads of the Petition I cannot suddenly remember This paper carries the sum and substance of the businesse The Clerk shewes him a paper which he had formerly given in Bains This paper if it be not interlined since it was of my own dictating and writ with my own hands he looks upon the paper I see no alteration made at all L. Pres And this you deliver upon oath Bains Yes upon my oath to the best of my remembrance And as to the Prisoner I can say nothing Bains withdraws Major Adams is called into the Court and sworn L. Pres Declare your knowledge in this businesse M. Adams Touching Alderman Bunce and Mason I know something by relation touching the correspondency with them L. Pres Tell the manner of it M. Adams I conceive it was carried on by Mr. Drake that is now absent and in Scotland by one Baily Att. Gen. VVhat do you know of Mason and of
letters sent by him Mr. Adams Mason I do know and I do know he did receive letters L. Pres From whom M. Adams He said from my Lord Piercy Att. Gen. To whom were those letters communicated here M. Adams They were communicated to M. Drake and by M. Drake to my selfe and M. Alford and C. Potter and C. Far. Att. Gen. VVas M. Love privie to it M. Adams I cannot say that my Lord. Att. Gen. VVere there not letters sent to Scotland to them and back again hither about sending moderate propositions to the King M. Adams There was such letters L. Pres VVho writ them Mr. Adams That I cannot tell L. Pres Had Mr. Love a hand in them M Adams I cannot say he had I cannot prove a negative I cannot say he had not Att. Gen. What know you of the petition sent to the King M. Adams I know nothing of it only I was told of it L. Pres Who told you of it M. Adams I cannot my Lord fix it upon any particular man but I believe I was told of it by Alford or Far or Bains for I was not there at that time L. Pres What do you know about the meeting at the Swan at Dowgate Mr. Adams My Lord I was not there At. Gen. Then my Lord he may tell you what he doth know Mr. Adams My Lord upon our meeting in some place or other I cannot tell where I cannot tell the time nor the place but either at the Swan in Fish-street or at the Swan at Dowgate or in Cateaten street in one of these three places I cannot punctually remember Att. Gen. Who was at that meeting Mr. Adams Mr. William Drake Captain Titus Major Alford Captain Far Captain Potter and my selfe and I do not know how many more or whether any more or no. L. Pres What past there Mr. Adams It was there agreed that Captain Titus should go over to Jersy Att. Gen. What was he imployed about Mr. Adams The end of his going was to endeavour to work an agreement between the King and Scots according to the Covenant That was the end that was propounded And in order to his going wee did agree to furnish him with money for the present and made some kind of promise to maintaine him while he was out Att. Gen. What money was he furnished with Mr. Adams I cannot be punctuall in that but about a hundred pounds Att. Gen. Who should pay it Mr. Adams I paid twenty pounds of it but I cannot tell who paid the rest Att. Gen. To whom did you pay it Adams To Mr. Drake Att. Gen. My Lord Ask him whether when this was sent to Jersy was there not a return made L. Pres Well go on There was your twenty pounds gone Mr. Adams This is the substance of what I can say of his going Att. Gen. Was this twenty pounds that you laid out of your owne or did you collect it of some of the rest or did you gather any of it again Mr. Adams I cannot say that I did L. Pres Did you not Mr. Adams My Lord I tell you the truth I doe not know whether I did or no for I remember it was determined that we should gather it at that meeting At. Gen. Did not Mr. Love know of the collection Mr. Adams I cannot say he did it may be he might but I dare not say upon my oath that he knew of it Att. Gen. Ask him what return Titus made what answer and what account he gave Mr. Adams M. Alford went to Calice to meet Titus and Titus did send word that the Councell of State heard of his being there and thereupon desired that some body might be sent over to him for he had something to communicate which he could not well do by writing and thereupon Mr. Alford was sent Att. Gen. My Lord Ask him where the letter was read Mr. Adams The letter that Titus sent was read by Mr. William Drake Att. Gen. Where Mr. Adams At his house as I think for I cannot certainly remember I did not say upon my Examination that it was read any where Att. Gen. Whether were not you moved to go Mr. Adams There was some motion to that end L. Pres VVho moved it and where Mr. Adams VVho moved it I cannot tell it was moved I think in Mr. Loves Chamber Att. Gen. Was Mr. Love there Mr. Adams He was there Att. Gen. Did Mr. Love move it Mr. Adams I cannot say he did L. Pres He will not say it Mr. Adams I cannot say it upon my oath Att. Gen. My Lord so much he saith that it was moved in Mr. Loves chamber then he may give you an account of Mr. Alfords return and where the account was given Mr. Adams The returne of Mr. Alfords account was given at Mr. Loves house L. Pres VVhat was it Mr. Adams The return he made in generall was by a Narrative and a copie of a letter from the King there was with the Narrative that which was said to be the copie of a letter from the King L. Pres What was the substance of that letter Mr. Adams The contents of the letter as I remember was first he exprest a great deal of affection to the Ministry of England in generall and promised great favour when he was in a condition to do it and desired them to continue stedfast in the way they were in Att. Gen. Was this letter published at Mr. Loves study Mr. Adams It was read L. Pres Was Mr. Love there Mr. Adams Truly to be positive that Mr. Love was there I dare not say but Mr. Love was there at that meeting either at the beginning or ending but whether the letter was read at Mr. Loves house I dare not swear the Narrative from Titus was a very long one and very well drawn I cannot give an account of it now the whole of it was after this manner To give an account to us of all the transactions that had happened since his going out of England he did give an account of his usage by the Cavalier Party that was against the Kings agreement with the Scots because there was some did incline to his agreement with them and there was another party was much against it and he gave a very large account of that after that he went on describing his disposition and condition Att. Gen. This was the substance of the rest Was there not some propositions for giving of thanks to Titus for his so wel managing his affairs there Mr. Adams There was a motion made by some body L. Pres Who made the motion Mr. Adams I cannot tell Att. Gen. Was not an hundred pounds more to be sent agreed upon there Mr. Adams I think so Att. Gen. There was more money contributed who agreed to lend any Adams Sir To that question I cannot say who propounded it but that there was money sent L. Pres Who contributed Mr. Adams I did my share L. Pres How much was that Mr. Adams As I remember ten pounds
Att. Gen. To whom did you pay it and where did you pay it Then they shewed him his Examination L. Pres Come look upon it and be well advised Adams looks upon his Examination Mr. Adams I paid it to Mr. Drake at his fathers shop in Cheap-side Att. Gen. Next about the Commission and instructions to be sent what do you know of that when this letter was read from the King and published in Mr. Loves study whether was there not a Commission agreed upon to give instructions to treat with the King at Bredah Mr. Adams There was a motion made at Mr. Loves house that there should be a commission and instructions drawn and sent the motion was made at Mr. Loves house they 〈◊〉 there spoken of L. Pres By whom who did the Dialogue run between Did Mr. Love do it Mr. Adams Truely for my part I did not then take such speciall notice that I dare at this time upon my oath deliver any thing positively against any particular man but generally all spake something as I remember Att. Gen. Was there any debate to mend the instructions Adams Truly Sir not as I remember Att. Gen. Did not Mr. Gibbons bring the rough draft of the Commission Mr. Adams Truely I think he did as I remember he did I have spoken of the Comission and instructions that were debated then and there and that many of these persons here mentioned were there but that some of them mentioned might not be there then is very likely Att. Gen. Was Mr. Love there Mr. Adams That he was there some part of this time I am very confident L. Pres Was it in his study Mr. Adams It was Att. Gen. Was there a Commission agreed upon to be sent Mr. Adams For the word agreed I cannot tell what to say to it Agreed holds forth as if a vote passed L. Pres Was there not a generall consent Mr. Adams Being upon my oath I desire to be cautious for I must be tender in speaking the truth in this case and I do not know what to make of the word agreed L. Pres Was it approved of Mr. Adams To my understanding the thing was thus that at such meetings as these we were not absolutely formall as if we had been established by a Court of Justice to act thus and that there should be prefaces and such things or such methods observed as that any man undertook to make a preface either at the beginning or conclusion but it was spoken to by many persons and by every person spoken to and in this sense it was agreed Att. Gen. Were there not instructions agreed upon and all this in M. Loves study Mr. Adams It was so L. Pres Were they not read there Mr. Adams I think they were L. Pres Who read them Mr. Adams I cannot tell who read them but they were read and I think Mr. Drake read them Att. Gen. What was the contents of the Commission Mr. Adams The contents or the substance of the Commission was to this effect This he reads out of his Examination We the Presbyterians of England do authorize you the Lord Willughby of Parham Edward Mas-Massey Richard Graves Cilas Titus and James Bunce to assist our Brethren the Scotch Commissioners in their Treaty with the King according to the instructions annexed I dare not swear it in these words but to this purpose it was The substance of the instructions were to use all the arguments they could to move the King to give the Scotch satisfaction and to take the Covenant such arguments were mentioned as the then condition of affaires best afforded particularly how things stood in England at that time which did all of them cry out for an agreement and gave them full power as to all things and what should be concluded by them should be confirmed by these here but I cannot say so but what words were were to this purpose saving this conclusion that what was concluded should be confirmed here I do not remember that Att. Gen. Was there not some debate by what warrant they should act in this Commission and instructions Adams There were some such words at the meeting L. Pres What did Mr. Love say Adams I cannot remember what Mr. Love did say or whether he said any thing or nothing at that time but that there were such words said I have said it but by whom I cannot fix it upon any particular peâ—son Att. Gen. Was it not debated by what warrant they should derive power to themselves to send this Commission Adams There was such language but by whom I cannot say I thinke by William Drake It was because the King had writ this letter wherein he desired there should be such instructions there was something spoken of the secluded members but by whom I do not know there was a Proposition whether the authority should be taken from the secluded Members or from some other Att. Gen. Did not Mr. Love then say Come let it go on Ad. I dare not say so Att. Gen. Was it not propounded at the meeting to write to the Queen and to Jermine and Piercy for them to mediate with the King to agree with the Scots Adams's Examination was here againe read Adams My Lord So much of this as I think to be true I shall own Att. Gen. Was there not a letter writ from Piercy that a considerable summe of money was fit to be sent to the King and what answer was given was it not to be done till the King and Scots should agree and then to raise the money Adams That there was such a letter writ I must needs acknowledge Att. Gen. Where 〈◊〉 it read at Mr. Love's house Adams No certainly I onely saw it in Mason's own 〈◊〉 and I remember he shewed it me Att. Gen. Next ask him whether there was not a letter written about August last to some here that Massey had back friends in Scotland complaining he could not be promoted there Adams I did understand there was such a letter but by what way I do not know At. Gen. Was not the letter communicated at M. Loves house and were not you present when this letter was read at Mr. Loves house wherein Massey complained he had back friends in Scotland Ad. No certainly that letter was not to my remembrance read there I heard of such a letter but saw it not Att. Gen. My Lord ask him whether he was not appointed to draw up some letters Ad. There were some I should have had a hand in drawing Att. Gen. Who were appointed with you Ad. As I remember Captain Potter Captain Massey and Mâ— Gibbons Att. Gen. But was there no meeting upon it was M. Love named Adams Mr. Love was not named Att. Gen. Was there not one Sterks a Scotch Agent here that kept intelligence from Scotland Adams I know there was such a one we took to be an Agent here L. Pres Did he meet at your meetings Ad. Yes he did meet sometimes Att. Gen. Was
he at Mr. Loves house at any time Ad. That he was Att. Gen. When the Act came forth for banishing the Scots was there not a collection for his charges and were not you at M. Loves house when it was agreed to Adams I was not Att. Gen. Did you contribute money Adams I did contribute 10 or 12s I cannot tell which Att. Gen. What discourse upon Dunbar fight was there from this person that is already spoken of Adams This is the thing if you please to help my memory for there were so many particulars in this correspondency that I cannot tell whereabouts it is I am to speak to I am very uncertain where abouts it is a Im to speak to L. Pres Speak the certainty as it was in your breast Ad. My Lord if it be doubtfull to me how can I be certaine and charge it upon my memory L. Pres Speak the truth Adams I will speak the truth L. Pres Do so then Here again Adams looks upon his Examinations Adams There is some of it I did set down that I dare not own upon my oath I then did deliver it so when I set it down Att. Gen. Did Mr. Love know that this Scotch man was the Scotch Agent did you not take notice that Mr. Love took notice of him Adams I do think he did as farre as I understand he did Att. Gen. Did not Mr. Love generally tell you the cause of the meetings Adams No Sir Att. Gen. Did you not hear Mr. Love say that this Sterks was the Scotch Agent Adam I never heard Mr. Love say so but I knew this that by our usuall meetings Mr. Love did understand him as I did to be the Scotch Agent Att Gen. How often did you meet at Mr. Loves house Adams I cannot tell it may be seven or eight or ten times an uncertain time At. Gen. He was at Mr. Loves study Adams Whether so many times I know not Att. Gen. My Lord ask him whether it was not at Mr. Loves study when mony was propounded to be raised for Massey and Titus L. Pres Was that in Mr. Loves study Ad. I cannot tell whether it was in his study or in the lower room I am apt to believe it was in the lower room Att. Gen. Was Mr. Love there Adams Certainly he was there L. Pres What was the contents of the letter Adams The contents of the letter I cannot remember Att. Gen. Whether did it not declare the poverty of his condition And was it not after Dunbar fight Adams Yes it was Att. Gen. Was this letter from Massey read at Master Loves house was this for money Ad. It was L. Pres Was it agreed for money to bee raised Adams If you take the word agreed as I formerly propounded it was so Att. Gen. How was the money to be raised and in what manner Adams It was by those that were privy to the contribution Att. Gen. Was not Mr. Love there and did not he write down the sums that were to be contributed Adams This I must needs say that Master Love had papers in his hand and hee did write something but I did not see what he did write and every man did write that was there Att. Gen. Did not you conceive so that Mr. Love summed up every mans sum did he put the letters of their names before them when he writ the sums Adams I cannot say that Att. Gen. Was not there a letter penn'd by Master Love and Doctor Drake Ad. To that question I must say there was a letter but I cannot deliver it upon my oath that it was penn'd by Master Love or Doctor Drake but it was taken to be so and I thought it was so Att. Gen. To whom was that letter directed Adams I cannot tell to whom Att. Gen. To whom was it declared to be directed to whom was it declared to be written Adams To the Generall Assembly and Kirk of Scotland L. Pres Was this at Mr. Loves house too Adams It was so Att. Gen. Was Mr. Love present and did approve of it Adams Mr. Love was present at some time of this meeting the reason why I thought it to be of Master Loves or Doctor Drakes drawing was nothing but meerly the language of it it being in order to promote the ends of the Covenant and all the whole language was couched to that purpose and taking notice of the want of respect to Massey and the English and of their being beaten Att. Gen. My Lord This is very high for he tels you this letter was approved of and directed to be sent and this was after Dunbar fight after we were ingaged in bloud Here Adams read out of his Examination as followeth Adams There was also a large letter in the nature of a Declaration penn'd by Master Love and Doctor Drake and approved of by most of the Presbyterian party Ministers and other and directed to the Generall Assembly and Kirk of Scotland subscribed by none which contained the substance of what was declared by Titus and Massey but durst not promise any great sums of money till they appeared more considerable and grew nearer action the businesse required higher spirits then was for the present and the businesse required a considerable summe but to leave no means un-attempted when the businesse was seasable So far he reads Att. Gen. Major Adams is now upon his oath to tell you Adams My Lord As well as I remember it did put forth much after this sort but I cannot swear it in these words but that is the substance of it Att. Gen. Was not this agreed and declared at Mr. Loves house that such a letter should be written to the Honourable Committee and to the Kirk Ad. I answer that after the same manner as all other things are agreed at such meetings as this is but I have no ground and do not know why I should say Master Love and Doctor Drake penn'd it Att. Gen. Ask him for the substance of the letter whether it were not as he hath told you and whether he did not say they could not promise a considerable sum of money Adams Certainly either in that letter or some other there was some such expressions L. Pres VVell it was about that time and in that letter or in some other letter and at M. Loves house Att. Gen. My Lord Ask him if there was not an Agent come from Scotland and a way laid at Kendall for a correspondency between these Gentlemen here and some of Scotland and whether one Groves was not sent thither Adams That was something obscure that there was such a thing I do verily believe because it went amongst us for a truth but how to make it out for a truth upon my oath I cannot tell L. Pres Did Mr. Love know of it Adams I do not know Att Gen. Ask him what he knows concerning Colonel Bamfield's man coming hither Adams Concerning that I know nothing but I confesse I had some Item that at that time there was
something found and this is all I can say to that I cannot guesse the time Att. Gen. Was it after the fight at Dunbar Adams Yes that it was Att. Gen. Were the meetings at Mr. Loves house Adams I cannot say all but all that I know of were Att. Gen. Ask whether upon the large letter Massey did not write that things were well setled in Scotland Adams Many of these things were understood so and taken for granted amongst us but I can say no otherwise I thought it to be so but I know not Att. Gen. Were you not present or at Mr. Loves house when these letters were read that they were in a hopefull condition Adams I cannot say so L. Pres What can you say Adams As before That it went for a truth amongst us and that is as much as I can say to it Att. Gen. Was there not a large letter inviting your friends to union Adams I understand the other letter to be this you propound to me now Att. Gen. Now we speak of a letter from Alderman Bunce and others Adams I cannot speak particularly to that for I did not see them but they were told me by one or other of those that were of the correspondency and this is all I can say L. Pres What is the truth Doe you conceive it is so Att. Gen. My Lord we shall not trouble him with that my Lord. Ask him one question more What did Mr. Love tell you that if the Presbyterians got the upper hand again Adams· Those words I think did but amount to this that if the Presbyterians were in armes again by the blessing of God the Cavaliering party might be prevented from getting the day L. Pres Who do you mean by the Correspondents Adams By correspondents I mean Alford Potter Far c. L. Pres Was not Mr. Love one of them Adams I took him to be so my Lord. Mr. Love My Lord I pray ask him whether any of these pretended or supposed letters were ever received by me any one of them or that I writ one of them or mended one of them Adams I cannot say that ever I saw him do any such thing nor did I ever see him write any L. Pres But you saw the letters there Adams That I have said Mr. Love Ask him whether I gave my consent to the sending away of this he calls a commission and instructions about the time of the Treaty at Bredah Adams No I will not swear that and upon my oath I cannot L. Pres Will you not I will presse you to nothing you said even now you did not know he did send them away but you did say he was privy to them and to the debates of them did he declare any dissent Adams I cannot say that M. Love Will you ask him this question Whether he read the letters that he pretends were sent into England or Scotland or whether he heard them read L. Pres That he swears Adams I did not swear that these were the contents of them exactly I was there when these letters were read Mr. Love He onely heard them read L. Pres If there were halfe a score that had correspondency and received letters and come together and one of the most confiding men read them will any man say that he will not believe these were right read such a hear-say as this is such a hear-say as you may take notice of M. Love But let him prove how it was a correspondency on my part Adams I did not say that Mr. Love was one of the Correspondents I deny that I said so I said I conceived him to be so but that is not that he was so L. Pres They did debate together and met together and received instructions and therefore he may very aptly conceive he was a Correspondent Mr. Love Doth he swear that J assented Adams J did not swear so Mr. Love He saith money was sent to Titus pray ask him whether by Agents J imployed Adams I cannot say so Mr. Love Here is no proof at all that ever I received Letter or Writ or sent any Letter Pray ask him if I knew before they came to my house that they would bring such letters with them Do you swear that I was present in the room at the time that the letters after the defeat at Dunbar were sent wherein there was as you say a promise of assistance Adams You were there some part of the while Mr. Love Ask him whether he was not threatned with death in case he would not and promised favour in case he would bring in evidence against me Adams I cannot say I was threatned with death to that end Mr. Love I shall bring a witnesse that shall prove from his own mouth that he hath confest if hee did not bring in evidence against me he should be hanged Adams It is true Percival did come to me and I did say to him that upon my examination I did say if I were not ingenuous I was threatned to be hanged Att. Gen. When a man is a Traytour and doth confesse he deserves mercy Mr. Love Ask him whether he hath not received money to give in this information against me Adams I have not Mr. Love Did not some messenger come to you some months since from some members of the Councell of State and told you you were poor and should be ruined if you did not confesse it he had three messengers sent unto him from the Councell of State or some of them that told him if he would not confesse he should be ruined Att. Gen. Did you receive money or were there promises made to you to testifie against Mr. Love Adams Upon my oath I did not Mr. Love Hath he never come to Mr. Scots chamber did he not come a month before I was committed being brought there by Major Cobbet and whether he hath not received money from Major Cobbet I desire that Major Cobbet may be called upon his oath to know whether he hath not given him money to bring in information against me for he hath taken notice of all Fasts and of all things done and hath brought all to Mr. Scot I know by information that this Adams is a hired witnesse Sir this man is a Tobiah and a Saâ—ballat some men have hired this man against me I desire Major Cobbet may be called L. Pres He did and might do it but did he it to testifie against Mr. Love I hope a State that watches the Nation may watch for the safety of a Nation Mr. Cobbet a Major of the Army is called into the Court and is sworn Mr. Love Pray ask him whether he hath not at any time within this three months given any money to Major Adams to acquaint Mr. Scot or the Councell of State with this designe as 't is called Maj. Cobb My Lord I must and do deny that which this Gentleman doth aver and truly I wonder at his boldnesse in the presence of this Honourable Court I do know
Major Adams and have known him a long while and commiserating him as being a prisoner I lent him ten pounds but for no consideration that he should betray Mr. Love or any man I paid the money to his wife Mr. Love He paid it be saith how then did he lend it and he paid it to his wife that was to cover the bribery but did not you discover to this man if he would reveal it to Mr. Scot what recompence he should have of him Did not you walking in the fields with him desire him to reveal what he knew and promised him if he did he should be a man preferr'd Maj. Cobbet I have been acquainted with Major Adams this four or five years and met with him in the behalf of the Presbyters understanding there was something was driven on dangerous to the Common-wealth and I thought I was bound in duty to requite them if it were possible for their pains of discovery and I laboured with him that he would deal so honestly with himself and the Common-wealth as to let the Common-wealth know what he did know of this designe accordingly he gave me some notice and I said to him Major Adams If I find you ingenuous if there be any thing that I can do for you I shall be ready to serve you by night and by day Mr. Love It appears then that the ten pounds was not â—ent to Major Adams but was paid him for his discovery so that 't is clear he is a hired witnesse and have you not brought him to Mr. Scots chamber with promises of preferment No answer to that question The Leiutenant of the Tower is commanded to withdraw his Prisoner and the Court adjourns till to morrow The second dayes proceedings July the 21. 1651. The Court being sate Col. West Lieutenant of the Tower was commanded to bring forth his Prisoner and Mr. Love was brought to the Bar. MAster Jaquel was called into the Court and the Clerk tenderd him his oath And M. Jaquel spake to the Court to this purpose That there were many oaths abroad and he could not tell what to say to them and he desired to be excused The L. Pres told him that he could not be excused M. Jaquel said he was a Prisoner accused of the same offences that M. Love was accused of and that he conceived he was not a competent witnesse against him the Court again prest him to take his oath Mr. Jaquel said that he durst not in conscience swear against Mr. Love and therefore desired it might not be prest upon him The Court still presisted in it that he must take his oath and witnesse what he knew he answered hee would speak the truth of what he knew as well as if he was under an oath The Court told him that that could not be for if he did not swear what he should say could not be received as any thing in matter of evidence M. Jaquel still persisted in his refusall when the Court saw he could not be otherwise prevailed with they fined him five hundred pounds for refusing to swear and Mr. Jaquel after he was withdrawn out of the Court was called in again and prest to take his oath and was told that the Court had fined him five hundred pounds for refusing to swear and again asked him whether he would swear M. Jaquel then when the oath was read to him did not swear in that manner as the other witnesses did but only put his hand to his buttons and when Mr. Love asked him whether he was under an oath he answered that he was as good as under an oath but the Court not being satisfied with that answer prest him further and then hee did say he was sworn and was under an oath L. Pres Declare now what you know of this businesse Mr. Jaquel My Lord for the paper I was examined about as for knowing Titus I never saw him in my life but one quarter of an hour in a private house and I knew nothing of his businesse any where For the other Alford coming over with letters I was at Mr. Loves house and when I was there there was severall men there Att. Gen. In what part of Mr. Loves house Jaquel I conceive in his chamber for I went up to severall that were there whose names I can positively say for two or three of them though I cannot remember the other absolutely though I conceive most I have named in my examination were there C. Potter was there and Doctor Drake and M. Alford and M. Love was there somtimes though divers times he went out some coming to speak with him Att. Gen. Was there not a copy of a letter said to be sent from the King read there Mr. Jaquel I remember no such thing Att. Gen. Was there not a narrative Jaquel Yes from Titus wherein he declared the Kings inclinations to make peace with the Scots but that his wicked counsell about him did hinder it Att. Gen. Was not this of what Titus had related from Jersey the narrative of what had past between him and the King there Jaquel I think it was Att. Gen. Was not M. Alford sent to receive an account from him to Calice Jaquel William Drake did tell me so afterwards Att. Gen. Did M. Alford deliver no account there Jaquel I think it was M. Alford read the narrative At. Gen. Did he make no relation by word of mouth Jaquel Truly I cannot remember At. Gen. You cannot remember it was read Jaquel Yes I am sure it was read and at Mr. Loves house At. Gen. And he was present sometimes Jaquel Yes sometimes Att Gen. What mony was there agreed upon to be provided for Titus Jaquel I know of none It was moved by Captain Potter that there might be forty pounds but I know of none nor was it agreed by M Love M. Drake or my self that we should lay down any at all Att. Gen. Did you not meet with William Drake and desire to go along with him to see Titus Iaquel I did so but I think Drake desired it I met him in Newgate market and saith he I am going to see Titus goe along with me I said I never saw him nor did I know him sayes he You shall not stay at all whereupon we went and found him in a Cheese-mongers house in New-gate market At. Gen. What discourse had you Jaquel He said he was newly come out of Holland and he had been with the King and he was a man of excellent parts for his years and that he was inclinable to what was good but that he had such desperate evill Counsell about him and that hee did much pity him and that his Clergie especially was wicked and he propounded nothing to us nor did I ever see his face afterwards and this is about two years and a halfe ago and for any other meetings at the Swan Taverne or for any Agents I never met him or saw him Att. Gen. Doe you not
remember at any meeting that there was money propounded for Captaine Titus or for Alfords being sent over to Calice Speak what you know of that and by whom it was told you Iaquel Major Alford himselfe told me he was to meet his son and he went over upon that score but after he was gone William Drake told me he was gone to see or meet Captaine Titus I am not certaine of the words and when he did come againe which was the next time I heard of him then William Drake comes to me and desired mee to goe along with him for I think he went up and down to every man Att. Gen. You thinke then that William Drake was the prime man Iaquel Yes hee was the Actor and the Agent that moved all Att. Gen. When Alford returned he desired you to go with him Iaquel To Mr. Loves house Att. Gen. VVhat was done at Mr Loves house Iaquel There were some papers read which Alford as I take it read or William Drake I am not certaine which but read it was of a relation that Titus came out of Iersy and had seen the King there and the Scots Commissioners and that the King had a great inclination to agree with the Scots Commissioners and that he was a man of excellent inclinations and parts and had a great desire to agree but his Counsell and wicked crew about him would not let him and he said as I remember that the King was a kind of a Prisoner with them there and said his Counsell did hinder him or else if he were from them hee would agree with the Scots Commissioners At. Gen. You say this paper was read this Narrative was read and in Mâ— Loves house was not Mr. Love present Iaquel I am not able to say hee was when I came in I remember he was not in the roome and he was there two or three times while I was there but he was severall times called out Att. Gen. Doe not you know there was an agreement of a letter written back to Titus Iaquel I can remember no such thing but I think William Drake told me so as I remember but that was two years ago I do verily believe by what I conceived was of his writing L. Pres I could wish that mens consciences could not bee scrupled to believe so much of a Minister more then of a Magistrate I hold it pernicious doctrine for any man to think he is bound more to obey the Minister then the Magistrate I ask you then before the Magistrate here who was present at that meeting Iaquel William Drake I am sure and Major Alford was there and Captain Potter and severall others as I remember Master Ienkyns Att. Gen. This was in Mr. Loves house was it not in his study Iaquel I cannot tell that I say as I conceive that Master Ienkyns and Master Case were there but positively I cannot say it and Mr. Iackson and Mr. Nalton I think Att. Gen. VVhat say you of Mr. Watson Iaquel I think he was there Att. Gen. What say you of Mr. Herring Jaquel I think he was Att. Gen. VVhat say you of Mr. Cauton Iaquel In truth I cannot tell Att. Gen. VVhat say you of Mr. Robinson Iaquel I think he was Att. Gen. What say you of Mr. Drake Iaquel Yes Att. Gen. VVas Colonell Vaughan there Iaquel Yes I conceive he was there Att. Gen. Was Master Iackson there Iaquel Yes Att. Gen. Was Capt. Far and Capt. Potter there Iaquel I believe so Att. Gen. Was Mr. Gibbons there Iaquel I cannot tell Att. Gen. What say you of Mr. Sterks Iaquel No Sir I do not know it Att. Did you not know him to be the Scotch Agent Was he not taken among you to be an Agent from Scotland Iaquel Yes he was a Scotch man At. Gen. And for contribution of money what money did you pay and to whom Jaquel Two five pounds to Mr. Drake At. Gen. For what use Jaquel For charitable uses At. Gen. Then he asked it of you so or for that purpose but afterwards What did you learn it was employed about Jaquel Sir he did not tell me how he did employ this money but afterwards I heard him say that he had sent Titus money At. Gen. What did you contribute to Sterks his going into Scotland Jaquel Ten shillings At. Gen. And who else did contribute that was there and how much was the sum that was collected Jaquel I cannot tell At. Gen. How much do you guess or have heard Jaquel Four or five pounds I think At. Gen. Ask him who gave the Scotchmen money Jaquel Truly I did give several Scotchmen money both to poor Ministers and others that were banished by the Act because I knew they were very poor and knew not how to get away and I did it out of charity towards them L. Pres Because the State had an ill opinion of them therefore you had a good opinion of them Jaquel There was one Minister that had twelve children that was banished At. Gen. Were you at any meetings at Mr Loves after Dunbar fight Jaquel No not I. At. Gen. At what Fast were you at and who officiated at those Fasts Jaquel I was at Major Adams and Colonel Bartons At. Gen. Who did exercise at those Fasts was Mr. Love Mr. Jenkyns Mr. Case any of them Jaquel I believe they were I conceive so I profess I cannot remember I believe Mr. Jenkyns was there At. Gen. Was not Mr. Love one of them Jaquel Yes he was At. Gen. What was the occasion of those Fasts Jaquel I know no particular occasion but for the good of the two Nations At. Gen. How do you know they were for the good of the two Nations was it not for an agreement between the King and the Scots Jaquel I confess it was for the good of both Nations as both Nations are the Church of God and do both profess themselves Protestants and of one Religion and I conceived it was my duty to pray for the good of them both At. Gen. But was there not some expressions for a blessing upon the Treaty at Breda Jaquel I cannot remember such expressions for in such duties I desire to have my heart lifted up unto God And my Lord it is a great while ago L. Pres Will you say your heart is lifted up unto God when your understanding is in your heels Jaquel My Lord I do not remember one passage in prayer a week after At. Gen. That is in ordinary meetings but this was for both Nations but by what did you know that this was for the good of both Nations and why was it pretended to be for the good of both and my Lord why they should not meet before but just at that time and at a private Fast Jaquel I think that since the Nations of England and Scotland were at oddes I have been at twenty Fasts At. Gen. My Lord ask him whether he were
Lord of Argile Lowden and others came Was there not a letter from Baily Iaquel I do not remember my Lord. Att. Gen. Nor from the Generall Assembly Iaquel I do not remember any such thing Att. Gen. Bethink your self you are upon your oath whether he that brought letters from Bamfield did not bring letters from Baily and from the Generall Assembly Jaquel I cannnot remember there was any such thing spoken of there Att. Gen. Was there no expression of letters of thanks for the good affection of the Presbyterian party here and encouragement to persevere Jaquel I do not remember any such thing Att. Gen. Was there no promises that when they by their indeavours should get a free Parliament in England that they would re-imburse all that was laid out Jaq. I do remember no such thing Mr. Love I would ask him some questions and the first is whether he hath spoken this as a meer relation or whether he owns all this he hath spoken as under an oath Att. Gen. We are past that my Lord he did say he was under an oath Mr. Love If he say so I am concluded Mr. Jaquel made no answer to this L. Pres You have asked two questions in a few words for the first whether he speak it under an oath you know that time was spent to declare it before he began If you ask of his owne knowledge you mistook it for he saith something he hath by relation and some that he knows this hee hath taken notice of what should wee further examine over the same thing for hee saith some of his own knowledge some by relation from particular parties and some from parties he cals not now to mind and it was declared by the Court that he was a witnesse and the Court accepted him Mr. Love I desire your Lordship to ask him this question whether the supposed Narrative that hee speaks of that Alford said he brought over and read at my house was read at my house or onely by Alford and so brought over as news Jaquel In truth my Lord I cannot tell that Mr. Love He speaks of Sterks a Scotch man I desire your Lordship to know wether hee knows or can affirme by the oath you say he hath taken that he was a Scotch Agent No answer to that question Mr. Love Sir Ask him this question he mentions a fast at Major Adams or Col. Bartons and that for the good of both nations because he thought they were the Church of God whether there was any intimation in that meeting that it was under this notion for the good of both Nations whether that meeting was for the Scotch Nation to invade the English Nation No answer to to that question Mr. Love He said if I have taken him rightly and if not I desire your Notaries to inform me better that Mr. Love did not agree to such a summe as forty pounds and afterwards hee said that all there said it was convenient Now I would ask how these two can agree together L. Pres You are right for the thing of agreement he disclaimed totally Mr. Love Then I did not agree to it L. Pres No nor any else M. Love But afterwards he sayes that they did conceive it was convenient Now I pray ask him how he knew that I thought it was convenient Jaquel I cannot say any thing that Mr. Love did say it was convenient but it was not dissented from nor spoken against by any as I remember Mr. Jaquel withdraws Colonel Barton is called into the Court and is sworn Att. Gen. My Lord let Colonel Barton tell you what he knows of the meeting at the Swan at Dow-gate Col. Barton My Lord I was there a little while after the death of the late King I was going into Cannon-street and met with William Drake he desired me to go with him to the Swan at Dow-gate I told him I had a little businesse in Cannon-street and I would be there by and by I staid about halfe an hour about my businesse and went then to the Swan at Dow-gate and there was to my best remembrance for positively I cannot say William Drake and one a stranger Major Huntington and Lieutenant Colonel Bains and there was one Captain Titus as was said and Major Alford and I do not remember who else were there My Lord at that time truly I was under a defect in my hearing and since that I have lost an ear through a huge heat and cold taken But my Lord I not coming but to the middle of their discourse they had and not perfectly hearing could not well judge of their discourse but afterwards I asked William Drake what the intent of the meeting was he told mee that their intentions were to make some addresses or applications some such word it was unto the Prince and to take him off from his malignant or evill Counsell about him and to put him upon such as would be honester and better Counsellers and this is the substance of what I then understood from Will. Drake My Lord J think two or three dayes afterwards I know not which there was a meeting againe at the White Hart in Basing-lane and at the corner of Bread-street there were I think most of them that I have named at the first meeting I am sure William Drake was there and Captain Titus and Lieutenant Colonel Bains and Major Huntington I cannot tell whether Mr. Alford was there or no but these I am sure were there I did not come to the beginning of that meeting neither the Paper had been read before I came in to my best remembrance but I asked William Drake what was the meaning of that meeting he told me it was to the same effect that they spake of before and they had thoughts to send some body over to the Prince to perswade him from that condition a while after J met with Lieutenant Colonel Bains and truly J did ask him more fully of the circumstances of that meeting he told me something that they intended to make use of my Lord Piercy and Jermin and those about the Prince which hee disliked Truly my Lord it troubled me extremely to think that they should make use of such ill instruments to perswade the King and J said J thought it was not well And the next time J said to William Drake you have not done well for it is not a christian way we take to make use of such men as these to perswade with the King for do you think that my Lord Piercy and Jermin and those men will ever perswade the King to leave themselves and their own Counsels so he put me off and from that time he was a little more shy of me Afterwards he did secretly and cunningly get from me Ten pounds and came under a pretence to supply a friend in necessity and J said to him you have money of your own saies he J have not so much as J must needs supply him with and
Love often at hâ—s own house Att. Gen. This money was taken up under the notion of a charitable use Far. I do conceive it was given them under that notion Mr. Love Sir He gave you a large account of the negotiation with Titus Pray ask him if I were privy to it Far. I cannot say so L. Pres Do you believe it Mr. Love You say the copy of the Kings letter you suppose that was brought over by Alford was read at my house whether did I hear the letter read in my house Far. I cannot say you did L. Pres Was not Mr. Love when the letter was communicated sometimes in the room going and coming Far. I cannot say when it was read but I say he was there during some part of the communication but I cannot say he was there at the reading of the letter At. Gen. These are good questions my Lord. Mr. Love The Court will judge of that L. Pres But do you not conceive that he understood the contents of it Far. I do conceive so Mr. Love But he doth not say it was so He said there was a Narrative read from Titus I desire your Lordship to ask him whether I was present whiles the Narrative was read yea or no. Far. I cannot say any thing to that I cannot swear he was there Mr. Love Ask him whether I did not go often out of the room Far. I did observe that when Mr. Love hath been there he hath been often called away and hath been absent and therefore I cannot say such a thing was done when Mr. Love was there Att. Gen. He hath before prov'd it upon oath that he was there sometimes Mr. Love But look before and he said he could not say I was present when it was read Mr. Love This Narrative whether was it a copy written by Alford as news brought over or the copy written by Titus himselfe Far. Alford said it was a Narrative from Titus Mr. Love Pray ask him whether I did send Alford over yea or no or agreed to the sending of him over Far. I think he did not but he was sent by William Drake Mr. Love My Lord whether was he not privy to it he told you Titus his letter was writ before Alford went Far. But it was not agreed upon Att. Gen. Titus his letter that he writ that some might come to him to receive an account of him was read at Master Loves house Mr. Love I move this question because Alford who was the man sent confessed that William Drake sent him He pretended there was a Commission read in my house I desire to know when or at what time whether before the 29. of March 1650. Far. I am not able to speak to the time it is about two years since or something under Mr. Love I desire Sir to ask him this question whether the rude draught written by William Drake or the originall copy was sent away Far. There was only a rude draught that Drake read and then afterwards Drake was to draw it up Mr. Love Ask him whether I gave my consent to the sending away of this Commission Far. I cannot say Mr. Love was there when it was sent away Att. Gen. Did Mr. Love make any protestation against it Far. It was agreed by all that that the Commission could not be sent Mr. Love Ask him whether I did not declare in the Company when there was such speech of commissionating that it was an high act of presumption for private persons to commissionate any and a notorious falshood to say it was an act of the Presbyterians and whether did not I declare my self against sending the Commission Far. I did say it was agreed upon by all that we could not send the Commission Mr. Love I can prove if I may have the witnesses indemnified that I declared against any Commission L. Pres Mr. Love hath declared then he knew of the Commission Mr. Love I acknowledge the dis-avowing of any Commission J gave my reasons for it Att. Gen. My Lord J hope you will remember what the Prisoner sayes Mr. Love J do not own any thing about concurring with any Commission but only dis-avowing of it After Dunbar fight he saith he came late and he cannot tell whether the letter was read at my house onely he sayes J told him so and whether was that the letter or a copy of it Far. J cannot say that Mr. Love The most that J have done is but to receive news and J hope J shall not die for that Was this letter of Massey written to me Far. J have said already J cannot say so Mr. Love I would be glad to be freed in Court L. Pres You are a very free man indeed Mr. Love He speaks of a sum of two hundred and fifty pounds or three hundred pounds sent to Massey and Titus pray ask him whether I did agree that it should be sent L. Pres Did he dis-agree Far. I said it was agreed to but by whom I cannot say Att. Gen. Did Mr. Love at that time dis-agree Far. I cannot say he did Mr. Love Did I move Captain Far or say Captain Far will you contribute five pounds to Massey or Titus or any money Far. You asked me the question what I would do Mr. Love But for Massey and Titus Far. I did conceive it was for Massey and Titus Mr. Love He sayes he laid it in my house and he so far justifies me that he cannot say I received it and God is my witnesse I never did see it in my life If another man agrees to receive money in my house I hope the Court will not judge me for it L. Pres It is an easie matter for you to take it and convert it to another use Far. I do conceive that Captain Massey had the money Mr. Love Now you clear me another man brings the money and I doe not order him to bring it and another receives it and not I. Captain Far withdrawes Att. Gen. Now my Lord we shall conclude in a very short word with a Minister to a Minister Master Jackson the Minister is called into the Court. Mr. Jakson Sir I dare not swear L. Pres Dare you testifie the truth when God calls you to it for God will appear in no other vision then in the power of Magistracy Mr. Jackson I dare not speak against this mans life L. Pres Dare you speak the truth before a Magistrate Mr. Jackson That that I say is this that I look upon this man as a man very precious in God's sight and my Lord I fear I should have an hell in my conscience unto my dying day if I should speak any thing that should be circumstantially prejudiciall to his life and in regard of these terrours of the Lord upon me I dare not speak Att. Gen. I think all the Jesuites in all the Colledges have not more desperate evasions or shifts from the purpose then these men have My Lord you now see what a desperate
long ago he shall through the Examinations of others have his memory rub'd up and then shall come here in a publike Court to testifie this against a mans life The next Witness is Major Alford He gives you a large Relation about sending Titus to Jersey and of a 100 l. given him for his journey and of Letters to the Queen and Jermine and Percy My Lord J am as ignorant of all these things as the childe unborn and did never know that Titus was gone or sent to Jersey by any person till a long time after J heard he was there and till J heard of his name in the Diurnals That he was an Agent for some Presbyterians till then God is my Record J knew nothing of that and J need not speak to this but because this was part of my Charge and brought in to the Court many may imagine as if J were guilty upon the whole matter but that which concerns me is this He affirms that the Commission and Instructions were agreed upon at my House to send to some persons To wit My Lord Willoughby of Parham Massey Titus and Alderman Bunce to Treat at Bredah and this to be in the behalf of the Presbyterian Party Now Sir I shall humbly crave leave to offer wherein this Testimony is not onely disagreeing with the Testimony of others of the Witnesses but even to his own Testimony also For here he says it was agreed upon at Master Loves house and in three leaves after he says It is true there was a Commission and Instructions read at Mr. Loves house but whether they were agreed upon there or no saith he I know not I do not say he hath a bad conscience but sure I am he hath a bad memory He disagrees with the witnesses also for Far did expresly affirm upon Oath That all the company was against sending them away and therefore for Alford to say it was agreed upon among us in that I am sure he doth not speak truly Another thing which Alford layes to my charge is about a Letter which after Dunbar fight should come from Massey wherein he should write for Money and for Arms by the way of Holland and he swears this Letter was read in my house and says That upon the reading of it I did move for the contribution of Money to be raised for the supply of Titus Now before I answer to that though I am not in a condition to retort yet I shall humbly crave leave without offence to Mr. Attorney General to intreat the Court to take notice of this one thing Master Attorney General when the witness had spake these words did pray your Lordship and the Court to observe That Massey wrote for Arms and Mr. Love moved for Money as if he would insinuate to the Court that he writing for Arms and I moving for Money that my moving for Money was to buy Arms Now Alford upon oath did declare That every man there was against Arms and he onely said That the motion for Money was to supply the Personal necessities of Massey and Titus who were in want So that I intreat you to consider it that that Insinuation of Mr. Attorney General might not be aggravated against mee and that a bad inference might not be drawn from it as if hee writing for Arms and I moving for Money That that Money should be to buy Arms which is contrary to Major Alfords Oath Againe another insinuation of M Atturney General is this He prayed your Lordship and the Court to consider That I moved for three hundred pounds Now this is contrary to Alfords oath for Alford hath these words Mr. Love did move for the contribution of money but there was no summ spoken of Now when he shall affirm that there was onely a motion for money but no sum spoken of Shall this be laid to my charge as if I moved for 300 l. Therefore I intreat you that those Insinuations and Aggravations of Mr. Attorney General may not be laid upon me and that ye would take no notice of any private Examinations nor yet of any Aggravations of those who are instruments of State but upon the plain deposition of the Witnesses and according to their testimony and your consciences I must stand or fall Alford said further That after he came from Titus he gave an account of a Narrative and of a Copy of a Letter from the King of Scots what he might bring I know not and if he did I never desired him either to go to Calice or to come to my house For I never spake with him as I remember till after he came from Calice nor till the time he says the Letter and Narrative was read in my house Now Sir he onely says it was a Copy of a Letter not the original That Titus saith he did show me a Copy of a Letter at leastwise which he said was from the King to the Presbyterian Party So that this which is the Foundation of the rest of the testimony is onely this That the Copy of the Letter was read at my house and that it was a Copy of the Kings Letter This he affirms onely upon hear-say for he says Titus told him so But who can swear either that Titus had the original Letter or that this was a true copy nay might it not be a fictitious thing either of Titus or of this man as may well be suspected So that they that receive Letters if that be Treason and those that write Letters and send money if they be Traytors yet they have proved none of these against me and yet I onely am Araigned and they in hope of Favor Again I desire the Court to take notice though Captain Far says there was this Clause in the copy of the Letter from the King To send Commissioners to Bredah and yet he overthrew his oath afterwards For says he It is so long ago that I cannot remember it but I shall speak to that when I come to it Yet Alford that brought this Letter affirms That he did not know it was to desire Commissioners to be sent and if it had been so I should never have done it and never did it At that time I was in my Study J do not deny it but when Drake read the Commission J did declare my dislike of it and detestation against it and so did as Faâ— affirmed either most or all the company And if any such thing were sent God is my Record J did neither know of the writing of it other then in Characters nor of the contriving of it nor yet of the sending it away till J heard Alford confess in the Court that he carried this Commission to Gravesend to one Mason a man whose name J never heard of before J was in trouble and if J had written and consented to it yet it was in the year One thousand six hundred forty and nine as Major Huntington swore and therefore was before the time that your Act
could take hold of me if J had concurred to it which J never did Again he insisteth upon it that I moved for a contribution Now herein I beseech your Lordship that I may offer these two things First This is but the single Testimony of one man and by the Law of God and of the Land a man must not die but under the testimony of two or three witnesses in the Old Testament Deut. 9. and 15. One witness shall not rise up against a man for any iniquity or for any sin in any sin that he sinneth At the mouth of two witnesses or at the mouth of three witnesses shall the matter be established And least this might be thought to be a Judicial Law pertaining onely to the Jewish State it is therefore quoted four times in the New Testament by Christ in Matth. 18. by Paul in 2 Cor. 13. and in two other places as noting it to be a Law of Moral equity That no mans life should be taken away but by express and clear Testimony of two sufficient witnesses Now in this that may seem most to pinch upon me that I should move for Money there is but one witness and it is as I am informed contrary to the Laws of the Land and the Statute of the first of Edward the sixth which provideth That no man shall be Indited Araigned and Convicted for Treason but by two lawful and sufficient witnesses and therefore I beseech your Lordship and the Court That you would be tender in those things wherein you finde but one witness speaking The other thing which I shall say to this point about moving for Money is That I humbly conceive the Act doth forbid relieving persons in Arms but now no person can be relieved by a bare motion it is not the motion but the having the Money moved for before the person in Arms can be said to be relieved and if it were true yet it is not proved That those persons were then in Arms The other Act of the second of August I conceive gives me relief if I had moved for Money For it judges those onely to be guilty of Treason That shall either send or cause to be sent Money Horse Arms and Ammunition into Scotland Now Sir if I had in a meeting moved for Money yet he tells you not for how much I moved for for ought he knows it might be but for six pence for he cannot swear to it and I hope when the sum is not spoken off you will be very tender Yet this comes not under your Act either to be a sending of Money into Scotland or a causing of it to be sent which is not in the least fastned upon me When I askt him though he swore I moved for Money whether I contributed any Money my self to that he answered He could not say I did nor could any of the eight witnesses that came in against me And thus I have done as to his Testimony The third Witness is Major Huntington and he affirms That in the year One thousand six hundred forty and nine one askt him to go to my house and told him there was some there at Prayer and that he might there hear some news and that he spake upon hear-say but then he spake upon oath And when I came there Prayer was done Now for a man to be so positive in the first entrance of his Testimony as to say Prayer was done when he could not know that there was any Prayer there at all for when he came it seems there was no Prayer and how then could he know there was any Prayer there at that time This at the very first entrance of his evidence I suppose might be a just ground to suspect his whole Testimony but as for the man I knew him not I never saw him as I said before that time nor since till I saw him here in Court This man affirms That William Drake read in Characters that which he called a Commission and said That he had command from the King to send this Commission away which God is my Record I never heard nor ever knew of it and Alford that brought over the Letter in which Far swore those words were he himself denies it But that which concerns me in Huntingtons Testimony is this He affirms that when the Commission was read by Drake I should say Come come let it goe Now Sir I askt him this Question Let it go what doth that refer to says Huntington Let the Papers go Now truly I am not so bad a Grammarian as to speak of Papers let it go and not to say let them go And if I had spoke of Papers as he says I did I must either be guilty of non-sense or else he of falshood I believe he of both But as for those words Come come let it goe he doth not affirm that I said Come let it go away but let it go and that may be a word of dislike And if I did say so yet it was not of the Commission God is my Record for he came not till nine of the clock at night as himself says and before he came I had declared my self against sending away the Commission and Instructions as being an act of two high a nature for private men and of notorious falshood to say it was in the name of the Presbyterian Party when it was not And the other men that were here in Court upon oath and that were then present as Adams and Alford did confess upon Examination That they heard no such words from me The next testimony is Master Adams and he relates a story of a correspondency between William Drake and one Mason and being ask'd Was Master Love privy to this correspondency he did so far clear me that he could not say it nor was I privy to it Being ask'd again Was Master Love privy to these letters of sending moderate propositions to the King that he likewise cleares me in he cannot say it And I can say that I am so far from moderation in their sense that moderation â—n their sense I deem downright Malignity which I was and still am utterly against He was asked likewise did Master Love know of collecting a hundred pound for Titus To that he answered that he durst not upon oath say that M. Love was privy to this collection and he doth not say that it was agreed in my house to send away the commission but says it was moved in my house for sayes he I cannot say it was agreed upon for there was no vote past These were his words and he contradicts Alford and Farr in three places of his testimony He overthrows Alfords deposition He affirms that the copy of the letter from the King was to shew what great affection he bare to the ministry of England and promised great favour when he was in a condition to do it and desired them to stand stedfast in the way they were in and he saith he dare
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
as to these Witnesses because the other part of answering the Witnesses belongs to the Atturney Generall for Master Love went over all the particular Witnesses My Lord I shall only say one thing and that is this concerning Mr. Love himself and it is only concerning this point My Lord Mr. Love himselfe did say He would be ingenuous so far as he took himselfe to be guilty But my Lord I know your Lordship and the Court observes that that ingenuity did follow the proof that was for the Common-wealth My Lord he confesses he was present at them he was silent after all these Meetings and Debates I mean the meetings after they began at his own house for I speak not of them that were at Dow-gate for there is no proof that he was there My Lord this he confesses and this he sayes is misprision of Treason Truly my Lord I must be bold to differ from him in that particular I take it that that he confesses is High Treason I shall speak a little to Misprision of Treason and so conclude My Lord Misprision of Treason is when a man hath notice of a thing that is Treason and hee conceals it now my Lord under favour the concealment must not be long it must not sleep long with him My Lord I remember an Axiome an Author hath in our Law and that is Bracton he hath a discourse of misprision of Treason he hath it in Latine sayes hee He that knows a Treason he must not stay in one place a day and a night but he must go on he must go toward the Magistrate Nay sayes he though he have most urgent businesse yet he must set it aside and go on and must not stay in any place till he hath revealed it Nay he sayes further He ought not to look back till he hath given information to the Magistrate The man that doth not after this manner forth-with reveal it this only is misprision of Treason But considering this case of Mr. Loves now confessing the fact he takes it to be misprision of Treason but I take it to be Treason it selfe My Lord I shall observe what Mr. Love did he was at these meetings these meetings were continued for divers dayes and months My Lord was there any discovery made by Mr. Love was there any revelation of his to any Magistrate Did he tell it to any man Nay Did he confesse it upon his Examination when examined Nay Did he not deny it when he came to the Bar before your Lord-ship Can this bee said to be misprision of Treason that a man should hold so long in Treason and not reveal it My Lord As every Treason includes a misprision of Treason in it so I conclude that misprision of Treason may grow up to treason it selfe Now when a man shall so long sleep upon it and be violent in it and not reveal it I take this misprision of Treason growes up into Treason it self My Lord I shall say no more of that but I shall conclude because the other part lies upon Mr. Atturney Generall who is better able to do it onely one thing I shall take notice of to your Lordship and I am troubled at it and that is That as he saith that he that hath been so much for the Parliament with whom he hath gone along and took sweet counsell together and hath been Active for and Passive with through all the passages of the late Warres that he should suffer from them this he saies stuck very much upon him But my Lord for him that hath been so much for the Parliament so familiar with their proceedings that hath been so active for them and hath suffered so much for them my lord for him to kick the heel against the Parliament for him after all this now even in the Infancy of this Commonwealth that this child should be destroyed and by one with whom we have took sweet counsell together And by one I may say this that though he had no hand in making this Common-wealth yet I dare say he had in the preparations to it for himself all along hath gone with the Parliament so that my Lord I take this to be an objection against him But my Lord I shall say no more in it but refer the other part to M. Atturney-Generall M. Atturney-Generall the third Councell for the Common-wealth At. Gen. My Lord I am sorry M. Love hath given the occasion of this meeting and of my speaking at present I could much rather have wished to have been silent but now I am drawn hither I am forced to it M. Love my Lord in the beginning of his Triall did desire God so to assist him that he might go through it with gravity meekness and wisdom as became a Minister of the Gospell I wish that God had heard his prayers that he had so gone through it what he hath done the Court hath observed My Lord in that part I have to do I do heartily desire I might doe it with faithfulness to you and the duty of the place I ought to discharge and to the Court. My Lord the work that this day lies upon me is to reply somewhat to what was said by M. Love in his own Defence and to make a faithful repetition to the Court and to doe the Witnesses and the Prisoner right to repeat that and that onely that hath been said And in that that J may do no wrong to mislead the Court and offer nothing to the prejudice of the Witnesses nor to the prisoner And truly my Lord I shall not in his own words have any tortured Collections nor any inferences nor strains of wit he hath showed his Oratory in his defence My Lord I shall show the simplicity of Law in the Reply My Lord the Charge hath been repeated to you and for that insisted upon by M. Love for the Witnesses and testimony you have had answer I shall not trouble you there hath been pains taken in it my Lord I think all men were satisfied that it was clear enough yet to make it more clear M. Love my Lord insisted upon one thing more and that is upon point of Time and the point of the Jurisdiction of the Court which by your favour I shall first begin with He stands charged he sayes for crimes done in 1648. 1649. 1650. and 1651. and those crimes he sayes were before this Court was or had a being and so had not power to take cognizance of them That my Lord J shall endeavour to clear to you and I think in much cleerness cleerer than the light as he will have his evidence He stands charged I say positively my Lord with no crime before a Law was emitted that did give an inhibition and was publish'd and known He stands charged with no crime before the Law was publish'd that did declare what the crime was and gave notice to beware My Lord that that was first was the Law that was made the thirtieth of January
Lord There is another witnesse and that is lieut Colonel Bains who I think was present only at this meeting and had enough of it and did leave it and yet was present at this and gave in evidence of what was there proposed I think he was present at no other meeting he was satisfied this was too much his Testimony as I take it was this for I shall read it that I may do no wrong to no party Bains said It was also proposed by Titus that something should be done in order to restoring the Presbyterian Interest by Application to the Prince and to assure him that he had a considerable party in England which look'd upon it as a duty and lying upon all of them by the Covenant And that it was necessary some what should be done by some Parliament men Ministers and Citizens that were leading active men that he might have an assurance that somewhat would be done for him and somewhat to the Queen Jermin and Piercy whom he said were their friends This my Lord was that which Titus said at this meeting and testifyed by Bains My Lord There is another Colonell Barton who was produced as an Evidence My Lord I think that he spoke not much more then to this and gave off here My Lord his Testimony was this for I do conceive under favour we have taken the very precise words spoken by them And my Lord so as spoken and taken so written and so my Lord read to you Barton my Lord said That Drake would have him to be a Messenger and to that purpose there were severall meetings at the Swan and White-Hart This was what Barton testified My Lord Then there was Major Huntington which was at this meeting and one more at Mr. Loves house which he full well remembers My Lord Huntington sayes this That about March 1648. in January was the Law published Alford told him that Titus was in town and that he was newly come from beyond the Seas from their friends Massy Bunce Graves and others and that Titus was to meet the next day at Dow-gate where he fell into high praises of the Prince and told them that though he was taking unhandsome courses yet they had great hopes his inclinations were otherwise Titus said further he feared his inclining to the Irish unlesse something should be gotten from his friends here to divert him that you remember was Mr. Loves charity too as you will hear anon Titus purposed to get letters from persons of honour to perswade him to a good opinion of the Scots to take the Covenant and to joyn with them Afterward they met at the White Hart in Bread-street where Titus declared that he should gain these letters and hoped to set something a foot to the same effect and there said they were confident they could see no way under Heaven for him else but by taking the Covenant and engaging the Scots against England to which purpose he drew forth a Paper purporting that they were bound in honesty conscience and loyalty to maintain and help him to his just Rights if he would go along and joyn with the Covenanting party in England and Scotland My Lord This is that now that hath past in proof by evidence concerning this first meeting at the Swan at Dowgate which I do humbly conceive was the rise and foundation of what followes afterward And this my Lord if true I suppose no man will say but that was Treason that was transacted there I do not say my Lord that Mr. Love was present at it nor as yet can I say knowing of it but what followes after my lord will bring him in danger My Lord Here you have heard was this meeting and what was propounded to be done here and how active Titus was and that he was to go you have heard by the Testimony to Piercy and it is not doubted by any but he did go thither it is not doubted by any but he was sent and did go thither To that purpose I shall now read you two witnesses more which I have caused to be transcribed too in the words as spoken by them as I do conceive that is Adams and Far That there was money agreed upon to send Titus to Piercy that there was money collected and that they themselves did contribute Adams he expresseth it thus That upon a meeting the place and time I remember not where I think were present Drake Titus Alford and my selfe and I cannot tell how many more It was agreed that Titus should go to Piercy the end of his going was to promote an agreement between the King and the Scots according to the Covenant and my Lord you shall hear in due time what that Covenant is that M. Love hath said in his late Defence In order to his going we did agree to furnish him with money for the present and made some kinde of promise to keep him while he was out about an hundred pound was furnish'd for my part I paid twenty pounds of it This is Adams The next is Farr He sayes He did understand by Drake that Titus who was here requested as one to be present at the Treaty at Jersey which Titus did undertake to go thither he undertook to go himself that after he was gone Drake desired Farr to let him have ten pound saying Titus was in want and upon this I lent him ten pounds the Letter was read at M. Loves house when he came from Calice So my Lord here is now under favour his proof before you of this meeting at Dowgate at the Swan there finish'd in Bredstreet carried over unto Jersey Titus the Messenger furnish'd with money by a party from hence in this Arrant as we told you My Lord all this while I do not hear of M. Love if he were My Lord he was like the Mole under ground but however my Lord Mr. Love hath carried himself as some have said like a Rat among joynt-stools a man can see him but cannot hit him But my Lord I doubt he will appear to be too busie in what followes and that he had a hand in it at first My Lord the next to go on with is this in time that when Titus finish'd his work at Jersey he was then to give an account to his Masters that imployed him and upon his return he was to doe it faithfully as he thought But being informed that the State had vigilant eyes and they discovered him what he had been doing there and he having notice from some of his stedfast friends here of it he thought it was not safe for him to come in person so that his guilty conscience kept him off But then he did desire that he might give an account by the hand of some others by their memories and for that purpose wrote a letter to whom I cannot tell I think to Drake The letter was written and under favour my Lord this letter from Titus was read in M. Loves house to have
one sent to him and there it was propounded for some to be sent Adams was propounded for him to go Farr propounded for him to go but not them but Alford was agreed to go and did accept of it but not that he was there my Lord. My Lord for this I shall crave the same favour from you to read Adams and Farr as to that particular This is Major Adams It was moved in M. Loves house M. Love being there present that I should go to Calice to meet Titus but Alford going thither did at his return give an account of the state of things at M. Loves house My Lord that I read him for is for that part that it was moved in M. Loves chamber M. Love being then present that I should go to Calice to meet Titus it was moved that Adams should go my Lord this I read to show M Love was privie to this before the Messenger was sent My Lord the next is Capt. Ralph Farr I was in M. Loves house in his Study wherein in M. Loves Study a letter was read from Titus desiring one might be sent to him to Calice and thereupon it was moved that I should go but afterwards it was agreed that Alford should go who went accordingly That is now as to that particular that before any man was sent unto Calice it was made known in M. Loves house and some propounded for to go and at last another did goe this my Lord I offer to you as that which will not be controverted by M. Love for I have read you two Witnesses to it The next my Lord is in which I think we doe not differ but that when Alford had been at Calice and had taken the account that Titus gave him the copy of the letter which he said was from the King to the Presbyterian party here the Narrative of all the Transactions and Proceedings at Jersey that upon his return I think we do not differ nor is it denied I am sure M. Love acknowledged it in his last Defence because proved by four therefore confessed my Lord that this Narrative the copy of this letter was read in his house and for that I have the testimony of Adams Alford Jaquel and Farr which if it be your pleasure I shall humbly read unto you The first is Major John Alford Having received at Calice a Narrative in writing of Titus his transactions in Jersey I brought the same to Drake to whom it was directed Now it appears to whom the direction was and he brought it to M. Loves house where it was read afterwards there was a Commission so called but my Lord if you please that is for this in the first place That this Narrative brought from Titus by Alford was read at M. Loves house The next is Adams But Alford going to Calice did at his return give an account of the state of things at M. Loves house which account was the Narrative from Titus and the copy of the letter said to be the Kings letter The Contents whereof I remember was as followeth The King expressed a great deal of affection to the Ministry in generall in England and promised them great favours when he was in a condition and desired them to continue stedfast in the way they were in which letter was read and publish'd in M. Loves Study and M. Love was there sometimes of the reading at the same time a motion was made of giving thanks to Titus for his well managing affairs there and at the same time the Commission and Instructions were So that here is another testimony that this was done at Mr. Loves house the Narrative sayes this Gentleman and the copy of the Kings letter My Lord the next I shall read unto you is Mr. John Jaquel After Alfords coming home I was at Mr. Loves house where was Potter Drake and Alford and Mr. Love was there some times though diâ—ers times some body came to speak with him and called him and he went to speak with them A Narrative from Titus was there read by Alford or Drake wherein was declared the Kings inclination to make peace with the Scots but his wicked Councel hindred him I think it was a Narrative of what had pass'd between the King and Titus at Jersey This is that that Jaquel sayes The next my lord iâ— Far Alford being returned he gave account of his imployment at Mr. Loves house A copie of a letter was there read from the King to the Presbyterian party in England the substance was to send Commissioners to the Treaty at Breda The Narrative brought from Titus was communicated at Mr. Loves house where were present ten or twelve persons So my lord you have heard these four witnesses what they have said concerning this Now you shall give me leave to make application of this to the former I shall crave you favour to go thorow this There follows more at Mr. Loves house this is not ended yet My lord after this there was somewhat propounded to be done upon this Narrative and a letter from the King somewhat was propounded at this meeting My lord then there was as I know the Court remembers speech of a Commission that was somewhat controverted There was speech of a Commission and a Commission read Mr. Love ingenuously acknowledgeth and it was proved and he declared his dissenting from it and that he was against it because as private persons they had no power to do any such thing But my lord that there was a Commission read there brought by Drake I do not say that this proves that Mr. Love corrected it That there were Instructions and letters read for to be sent over I think is not denyed but my lord for that if you please I shall read you the witnesse The first is Alford Afterwards there was a Commission so called agreed among us sent over to the lord Willoughby of Parham Massey Graves and Titus at Bâ—eda to advise with the Scots Commissioners there in behalf of the Presbyterian party in England This Commission was read in Mr. Loves Studie and at the same time Instructions for the Commissioners to walk by were agreed on to be sent which Commission and Instructions were the substance of the Petition formerly sent to presse the King to take the Covenant and to prosecute the ends of it This Petition was I conceive what was formerly agreed upon at Dow-gate which Commission and Instructions one Mason the lord Piercy's man carried over This is Alfords testimonie as to this And being ask'd by Mr. Love Did not I dissent from sending the Commission and Instructions he sayes this It was agreed in the generall that the Commission and Instructions should be sent Mr. Love being then present All present are Principles my lord My lord in the next place is Major Huntington's testimony and the first is this That at Mr. Loves house in the beginning of March 1649 I found Drake and others and there was read a paper in the nature
of a Commission Commissionating my lord Willoughby of Parham Graves Titus Massey and Bunce to treat in the behalf of the well-affected party of England and to joyn with the Scots Commissioners according to such Instructions as should be therein inclosed And this question being asked What power have wee to give or send such a Commission Drake answered Wee have the Kings Command for it and the authority of some secluded Parliament men for J look upon them beyond the Power that is now sitting Whereupon Mr. Love replyed Come come let it go You have heard Huntingtons testimony and Mr. Loves paraphrase upon those words The next is Adams At the same time a Commission and instructions were spoken of at Mr. Loves house to be drawn up and sent As J remember Mr. Gibbons brought the rough draught J am very confident that Master Love was there some part of this time and it was in his Studie where this was generally consented unto The Jnstructions were there agreed also and read by Drake as J remember Sterks the Scotish Agent met with us sometimes at Master Loves house This is what was testified by Adams There is another to this and that is Captain Far William Drake read there a paper of the nature of Commission which was not agreed to by the Company because private persons had no authority to give Commission The Commission was in the name of the Presbyterian party A letter and instructions was then agreed upon The Commissioners were to be the Lord Willoughby of Parham Bunce Massey and Titus who was to move in the behalf of the Presbyterians Papers then were read to have been sent to the Queen to perswade the King to give satisfaction to the Scots But they were not assented to My lord I have done with this that concerns this meeting and now I shall apply that which I intended and spoke of before The Design you heard that my lord was at the Swan at Dowgate was treasonable enough in conscience high enough a partie imployed to agitate And though wee do not finde Mr. Love to have been knowing or privie to it at first yet my lord if there be a Treason hatch'd and designed a partie sent in it and any subsequent act of any other party that shall come into this and approve of it and joyn in it in what way soever This man my lord is guilty of the first transaction of Treason So that though Master Love did so walk under ground that wee cannot bring him in to be knowing at first yet I bring him approving at last And my lord though here be his first appearing it is enough and too timely And my lord Titus departing and an account given of all and for ought appears not to be proved by mee nor by any for the Commonwealth whether Master Love did approve or not or how far hee went in it But hee was present and at the debates and discoursings about it and actings in it My lord this is far from misprision of Treason for misprision of Treason is a bare silent act that carryes nothing of discourse nor debate with it it is a simple act of omission But when Treasons are hatch'd and are design'd and others shall come and treat and debate and discourse upon carrying them on my lord by the subsequent act hee hath approved of all that pass'd before and made himself partie to it Here is an account given by Titus of what had pass'd there this is brought into Master Loves house there are debates concerning a Commission whether they took the KING for the Authoritie or the King wrote of it it doth not much move mee A copie of a letter from the King was read there let them take it among themselves as they please Here was a Commission debated and Master Love acknowledgeth hee debated against it My lord under favour if hee had declared an utter dislike and as hee himselfe sayes a detestation and abomination against it But hee goes on though not in that particular yet in another and hee is guilty of all In Treason there are no Accessaries all present are Principles The crime of Treason is beyond the crying blood of murther one is but private the other is publike so as my lord though Mr. Love acknowledgeth that he so far owned the Narrative from Titus and the proceedings there the reading of it but did dissent from the commission and did speak against it and at present I shall take it so too yet for the instructions sent and for the commission named you have had four witnesses named to you my lord dissent will not serve his turne and yet to that there is not a pretence of a dissent from the instructions and what was sent and that is a consent and concurrence and that is an approbation of all precedent actions and makes himself a party in it and that is by one witnesse and my lord you have heard by Master Serjeant Witherigton that to every circumstance there needs not two witnesses but to the designe there must be two and Adams himselfe sayes it was propounded to have given Titus money as you shall hear by and by and Far tels you that there was going on so farre in it that a paper was read for letters to be sent to the Queen to move her to perswade the King but that was not assented to but it was moved among them My Lord The next thing I shall take as near as I can was when this was done and this transaction past over and the instructions sent that were agreed upon for Commissioners at Bredah then begins the troubles in Ireland You have heard of a Paper Book sent written in sack and returned a year after that comes next There was sent over from Colonel Bamfield Mr. Love says he knew not the face of the man but he lik'd his imployment it seems that would be privie to such proceedings from a man he knew not There came a servant over I take it from Bamfield and that was about Christmas last that is the time exprest after Dunbar fight My Lord This was brought the letter was delivered to Potter and their Superscription was singly with the letter L. which I may say may be better applyed to Master Love then to any other all circumstances considered yet I shall not conclude from it but though he sayes he had no letters directed to him I shall say as truly that they were directed to him as much as to any man else and a little more for Master Love was very unfortunate that these letters should be brought to him read in his house the transactions there and Mr. Love to have no hand in it this is hardly to be beleeved My lord in the next place are these letters that came from Bamfield if it please you for that I shall read Potter I received letters out of Scotland from Bamfield with the letter L upon it wherein was a large Narrative of the affairs of Scotland
from Dunbar fight to the time of the date of them which I think was about Christmas I carried those letters to Master Loves where was one or two more with us Jaquel and I think Doctor Drake we three I am sure of it There were letters from a namelesse person whom we supposed to be Master Baily and a letter from my Lords of Argile Louthain and Lowden These letters wrote for ten thousand pounds for buying of Arms and hiring of shipping and for five thousand men to be landed in England These letters were dislik'd and dissented from and it was agreed to give a negative Answer And we thought fit for our own safety to raise some money for the Messenger and Bamfield the sumâ—n agreed on was forty pounds to which I contributed ten pounds I carried the letter to Mr Loves to take advice upon it Mr. Love and I and Jaquel read those letters that were opened and those that were not opened we did open and read and discourse on them and upon advice resolved to do nothing in it Neither did they reveal it And then being demanded whether at Mr. Loves house there was not a discourse for raising 4 or 500 l. he answered There was Being demanded whether letters were not returned to Bamfield with the money sent him He answered A letter was left at my shop and I apprehended it came from Master Love or Mr. Drake and Jaquel being demanded whether Mr. Drake and Mr. Love were not appointed to draw up the letter he answered Yes they were and that is Potters testimony The next mention is that Jaquel was present there he is sure of it Master Love himself and Jaquel This is Jaquels testimony At a Meeting at Mr. Loves house Master Love being present It was thought fit that forty pounds should be raised for Bamfield A letter was read from Bamfield at Master Loves house Mr. Love being present Mr. Love declared he never saw or knew Bamfield The letter was for five thousand pounds to hire shipping And another letter from my lords of Argile Louthain and others at the same time and place was read to induce the Confederates to give credit to Bamfield Potter moved that ten pounds might be given to the Messenger that brought the letter and thirty pounds to Bamfield which was considered of and nothing said against it There was no agreement but it was thought convenient by all then present Upon this Mr. Love ask'd Mr Jaquel a question and he said I cannot say that Mr. Love said It was convenient but it was not dissented from or spoken against by any My lord I suppose this is a faithfull relation of what the witnesses said My lord you have heard of this and the time when it was That Bamfields servant was sent and letters brought from Scotland giving an account of proceedings there letters from Argile Louthain Lowden and Belcarâ—is to give credit to what Bamfield should relate money provided though not the sum nor the means those letters did hint to them perchance their purses could not reach that but so far as they could goe they would they would reward him that brought it and him that sent it and thereupon 40. l. was provided ten pounds for the messenger and thirty pounds for Bamfield In this repetition I think I have not wronged Mr Love The next is the letter that came from Massey and Titus who were then in Scotland and in what condition I think every man knowes in what condition they are there though by the way I should be sorry to repeat that which Mr. Love did say the first day That it did not appear to him that the Scots were in arms against the Parliament of England but in arms for their own preservation and therefore did desire Councell here was one of his reasons why he desired councell to be informed To advise him whether they were in arms for their own preservation or in opposition to the Parliament of England This was that Mr. Love was pleased to say the first day My Lord this of Massey and Titus gives them an account likewise of the affairs in Scotland after Dunbar fight too If you pleasâ— my lord I will read you three witnesses to that and that neither doth Mr. Love deny but that these letters were read at his house This is Major John Alfords After Dunbar fight we met at Mr. Loves house in his lower room where a letter from Massey was read which gave an account of the fight there wherein he also wrote for Arms mentioning his own and Titus necessities Thereupon a proposition was made for raising of monies for the supplying of their necessities and five hundred pounds being propounded it was brought down to two or three hundred pounds to be raised among our selves Mr. Love did then move for contribution of money to that purpose and I thereupon promised ten pounds which my man paid This my lord is the testimony which Alford gives as to this concerning Massey The next is Adams When the money was propounded to be raised for Massey and Titus certainly Mr. Love was then present and this after the Fight at Dunbar And the money was agreed to be raised by those that were privy to the correspondency Mr. Love had then a paper in his hand and did write some thing I saw not what he did write and so every man that was there did write what he would lend I conceive Mr Love summed up every mans sum Masseys letter was for Armes and the money propounded was for Titus and Massey For Titus because he was sent by us and Mr. Love was there This my Lord is Adams his Testimony and though he did not know what Mr. Love writ yet he knâ—w what Mr. Love moved My Lord Here is another and that is Captain Farr which I shall make bold to read to the Court likewise concerning the same action After Dunbar fight I came somewhat late to a Meeting at Mr. Loves house where Mr. Love told me a letter was come from Massy to assist the King with Money and Armes but it was not agreed that any Money or Armes could be sent And I understood from Mr. Love they could not do it Mr. Love then likewise told me they agreed to raise a sum of money for Titus Massy and Graves and to be sent to relieve them in their necessity which sum whether it was 250l. or 300l. I cannot positively say but Mr. Love moved me to contribute I told him I would give him five pound which I brought wrapt up in a paper and laid it down on Mr. Love 's Table Mr. Love and severall others being in the room it was so done that there might be no discovery And Mr. Love asking him some Questions upon this whether it it was done so by Mr. Love or no he did not know that but it was done so by himselfe that there might be no Discovery My Lord Mr. Love did not disagree Far being crosse examined by Mr. Love
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
in the law that constitutes this Court. And no person shall voluntarily relieve any person in Arms or that shall be in Arms against the Parliament with any Money Victualls or Amunition on pain of death of other corporall punishment And whosoever shall voluntarily take up Arms against the Parliament and shall encourage others to do so shall die without mercy These my Lord are clauses contained in the Act that constitutes this Court and I read the law before the charge and now my Lord I have repeated the evidence faithfully now let it be considered howifar the evidence goes with them There are there Acts of Parliament I suppose Mr. Love knew not of the next for he says he knew not of that of the 2 of August but it was published solemnly at the Exchange and at Westminster Hall but ignorance cannot excuse him that no man will pretend This my Lord is in relation to Scotland it was made in August The Battel at Dunbar I cannot well tell whether it was in September or October in September this correspondency from Bamfield Argyle Lowden and Lowthen Belcarris Massey and the rest were all since Dunbar fight that is clear they were since that time the words of the Law are these Whoever after the 5. of August shall use hold or maintain any correspondency or intelligence with any of the Scots nation residing in Scotland without license from the Parliament or with any other person or persons of the Scottish or any other Nation whom they know to adhere to the Scottish Nation against the Parliament or shall abet assist countenance or incourage the Scottish nation or any other person adhering to them in their war against the Parliament and Commonwealth of England or shall send or cause to be sent and conveyed any money horse armes Amunition or any other furniture of Plate Goods Merchandise or any supply whatsoever to the Scots or to any port or place thereof or in their power or in confederacy against this nation these facts are High-Treason by this Law And the high Court of Justice are to take cognizance of the Contents by express provision of that Law My Lord I shall not need to repeat the evidence again but upon these my Lord I must leave him to your justice and judgement to do what in your consciences you think is just upon these Laws and what M. Love hath done in transgression against them My Lord M. Love was pleased at the beginning of this Triall to make some deep protestations I think he did move all honest men that heard him and truly I did think and did hope that they were not made with any relation to equivocation or mentall reservation but to a positive deniall of any facts of Treason or looking that way that it had been made in that sense that he had been clearly not guily of any thing But my lord having looked upon them and caused them to bee transcribed to me I doe finde that they are somewhat cautious and perchance they may be true my lord in the sense spoken by M. Love but whether true in the sense they should have been spoken by a Christian in a publike Assembly that I shall not judge His first protestation was in the presence of God and this Assembly that I never wrote any letter to the King or to the Church nor to the Queen or Church and State of Scotland in generall or to any particular person of the Scotch Nation since the war began to this very day My Lord this may be true but whether any letter hath been sent from the King or from the Scottish Nation or others or by Massie or the rest that shall bee believed as the evidence is M. Love It is in my second protestation At. G. Again saith he I do likewise declare in the presence of the same God I never received letter written to me from the King or from the Queen his Mother or from the Church or State of Scotland in general or any particular person of the Scottish Nation since the war began I protest declare likewise in the presence of the same God I never collected gave or lent penny of money either to send into Scotland or any forrain parts either to the King of Scots or to the Queen his mother to the Church or State of Scotland in general or to any particular person of the Scottish Nation since the wars began but that M. Love did not move others to contribute we have not a word of that Truly I did thinke it when hee spoke it But it seems these asseverations were studied to evade and that he would speake true but not the whole truth I have given them but a touch these may be true my lord but under favour there is something else that is as true and goes almost as neer as this My lord M. Love the last day had your patience and justice to make a large Defence and he was very large in it and though hee did beat us down that are the Counsell for the Publike that wee should not use Oratory nor flourishes nor Querks of Law nor Niceties in which I shall be guided by him and shall not doe it yet he is pleased fully to make use of all insinuations to the Court to trip up every Witness upon niceties upon not expression upon nonsense and such my lord which I shall not follow him in for I shall deale as truth ought to deale in pure nakedness and simplicity and not to use any Oratory but to set the matter of fact before you and leave it unto the Court who are the Judges between the Common-wealth and himselfe for life and death But my lord you shall give me leave to touch upon some few things in the late Defence of his It was divided into four parts The first the Charge the second the Witnesses and Testimony both in one The Witnesses for the persons the Testimony for the fact The third concerning himself the fourth some proposalls to the Court which truly my lord might better have been termed rather threatnings than proposalls My lord for the Charge you have heard it hath been gone through and the evidence concerning it concerning the Witnesses my lord I have read unto you for I do take it upon my conscience what I knew and nothing but what was true I have not varied that I know of a syllable and I think I ought not to do it the duty of my place requires it not from me My lord concerning himself he is pleased to say something and much of his merit but my lord it is a grief to this Court to my selfe and all that are well-wishers to the publike that any man that hath been a friend to the Parliament that hath gone along with them acted for them suffered for them done as he hath done that this man should bee called to publike Justice I hope my lord all that heare mee beare witness that I thinke my lord wee are all
sensible of it But my Lord look upon who hath been the cause of it let that he look'd into and every man will be satisfied in his own judgement and consceince whether Mr. Love were provoked or no or whether he hath not provoked the State to bring him to be thus exemplary in Justice M. Love sayes my lord I shall desire to make use of the paper I confess it is not so much the danger of my life I am a sickly man and I know a disease will ere long kill me whatsoever you doe with me but this grieves me more that I should suffer from your hands for whom I have done and suffred so much in my obscure station and according to my weak measure Had I been so dealt with at Oxford at the Juncto there but to be so dealt withall in Westminster-hall this troubles me And my Lord it doth trouble me to deal so with him My Lord whether may we or himself better take up this complaint Had the State been thus used by a Cavalier by a posest open enemy it had not been so much trouble to us you would have come to justice upon a little more desire than now But that M. Love a Minister a Minister of the Gospel a man that hath preached for us prayed for us acted with us gone along with us that he should go to undermine us that he should be joyned or in confederacy with others to undermine the State where he did live peaceably and quietly where none interrupted him he had a free liberty as much as a King in this Common-wealth Truly that M. Love should do this it is I think an aggravation and not an aggravation upon the Court or State that they should prosecute where a man is prosecuting them what hee hath done my Lord you have heard what his offences have been and who gave the cause that a Minister should doe this one that had a calling otherwhere and better to imploy himself than to meddle with States and Secular Affairs and these things to be done in M. Love's house and in his Study where he should have been studying better things My lord next he sayes I could not leave such relations as I have nor such a loving people and competent living as any Minister hath within London onely Conscience carried mee another way and till Conscience bee satisfied I cannot stirre one jot My lord this his Conscience I do not know what it hath to do in Government or what Mr. Loves Conscience had to doe in these affairs He had a calling of his own to use and should I goe out of my calling and meddle with other men I humbly conceive I were a busie body M. Love had a calling enough for any one man to imploy himself in and me thinks when he sayes he had such a relation to a loving people a competency of livelihood that he should not apply himself to return to them but to wander abroad and when we once wander it is hard coming in again till perchance we are fetch'd in again with the whip But my lord Mr. Love had other relations of wife and children which he might have look'd upon also and taken care of them In the last place he is pleased to say and that I believe hath carried on this design The Covenant Interest you have heard what Titus did what Drake did and what the rest did that all this it was upon the Covenant and the Covenant is urged I am sure to things the Parliament hath forbid M. Love is pleased to declare himself still to retain his old principles from which by the grace of God hee will not be taken off by any terror My lord you will heare by and by what the Covenant hee supposes leads him to and my lord I shall take it asunder and bring it next if you please that is the Covenant Interest Saies M. Love Though I own not the way of managing any papers I neither writ them nor sent them yet thus far I own the thing I confess it was agreeable to my judgement and conscience and I thought the interest of godliness would be more promoted if the King went into Scotland upon Covenant-terms it would be more for the good of the Nation M. Love No Sir those are not my words I said than to fall in with the Irish Rebells or to offer this Kingdom to the Spaniard I thought a greater foundation of trouble would be laid if this reception were not laid by that Nation and the Covenant hath a clause in it that we are to seek the good and union of both Nations and they are judged to be incendiaries and Malignants that not onely divide the King from his people but the Kingdomes one from another Now they declaring him to be their King according to my apprehension I thought it agreeable to my Covenant to pray and desire as a private man and no more that there might bee an agreement upon those terms consisting with Religion and the terms of the Covenant At. Gen. But had you gone on as a private man M. Love we had not stir'd you now My lord this is plain of it self what interest this Covenant-interest is till the King the people in the two Nations c. Truly my lord M. Love is pleased to express himself somwhat obliquely against the present Government He saith My Lord When I look upon all the Vowes Covenants Declarations Protestations of both Houses of Parliaments I find a sutablenesse between my judgement and them and am not conscious to my selfe of any thing I have done in opposition or contradiction thereunto I repent not of whatsoever I have done though I could wish the ends of that just War had been better accomplished then should we have been happy and united among our selves and honoured among the Nations round about us I am so far from repenting of what I have done both by doing and contributing and suffering in the Parliaments Quarrel that were it to be done againe upon the same unquestionable Authority for the same declared ends and against the same Malignant persons I should manifest as much readinesse of mind to engage according to my measure After this where he had mentioned his troubles at Oxford when a Scholler there and at London when he came to a Lecture here at Newcastle when he spake for the Parliament there and in Kent when he spake against the King there when these were over after this he had a little breathing whilst the two Houses of Parliament were in power This Gentleman was troubled in the time of the King in the time of the Bishops in the time of these Wars for being for the Parliament But I appeal to his own conscience and judgment whether ever he was troubled or disturbed by this Parliament or by this Government of the Commonwealth whether he had not as free and as full liberty to preach the Gospel to instruct others and to save souls as his heart could wish
and 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
the evidence for I tell you the evidence was ended the last day and your reply and if you had any thing you should have offered it the last day here hath been nothing new offered concerning you but as it is usuall for the Councell for the State to state the matter of Fact to the Court for they have the last word but you had fully ended before and shall we go out of the way for you more then for a whole Generation which the law runs uâ—to I do not know how to do it you had this paper in your pocket you might have pulled 〈◊〉 out aâ—d you â—â—ve had time in a nearer degree to it yet the Court is willing if you 〈…〉 Couâ—cell shortly read what you read upon for matter of Law they will hear it if such exceptions as are not of your own but by the advice of Councell Mr. Love gives in his Exceptions Exceptions taken by Chistopher Love Clerk To the Charge of high Treason and other high crimes and offences exhibited to the high Court of Justice against him by Edmund Prideaux Esq Atturney Generall for the Common-wealth of England These Exceptions are not here printed for that they come in more properly afterward being again in substance given into the Court and signed by Mr. Loves Councell and the substance of them then debated in court by Mr. Hale a Councell for M. Love Att. Gen. My Lord you have now some fruits of the Notary By the law of England he that is impeached of high Treason is not to have the copie of the Indictment it is said the Court are Judges for the prisoner and Councell for him To you all things be substantially charged That there is a substantiall Charge the evidence makes out But this precedent being admitted and the former of Lilburn's cited I shall have little encouragement to go on with any Charge of Indictments L. Pres Though it be more then the law permits yet the Court will take consideration of it Att. Gen. He did read his papers I think it is more then ever was heard of in any Court in the world but to take his papers in by your Clark I hope this is no Replication to the Charge I hope he answers not that way then we shall dispute that way again If he give papers I may and as Embassadors treat by papers L. Pres Mr. Love we have gone out of our way for you and whatever hath been suggested by the Councell this day is nothing unlesse they had offered new matter and they have offered none and therefore it is against any law that was ever yet practised in England You were concluded before though haply the neglecting of it might have been a prejudice to you yet you have offered a paper which the Court will take as a paper to consider of The Court adjourns into the painted Chamber And upon their return the Lord Pres speaks L. Pres M. Love our long absence upon this account may seem to you and others that we have had something of great difficulty among us which we have considered of That which hath been upon your papers last offered in which you have set down the parts of the Charge and the Statutes and your Exceptions These we have considered of But to these though you do affirm it here to us that it is by advice of your Councel yet it is not under your Councels hand nor your own which in order it should be we have considered of them and our examining of them hath taken up a great deal of this time we have been absent We finde that there may haply be some mistakes in your Notes Therefore it is resolved though there seem not much difficultie to us yet you shall have Councell thus doing that they shall set it down under their hands what matter of law they will argue to and bring it under their hands upon Tuesday next at eight a clock to this place or to the Painted Chamber Mr. Love Shall the Councel have onely bare liberty or will the Court assigne them me L. Pres If you desire it and name them they shall be assigned you M. Love I desire Mr. Maynard Mr. Hale Mr. Waller and Mr. Archer The Clerk was called upon to read the Order Clerk Friday the 27 of June 1651. Ordered by the High Court of Justice That if the Prisoners Councel shall under their hands assigne any matters of law fit to be argued and presented to this Court on Tuesday next at eight a clock in the morning this Court will take the same into further consideration Mr. Love I would know whether they are assigned to plead here in Court or to bring a paper under their hands L. Pres If they will under their hands set down what they will stand to for law it shall be considered and they shall plead M. Love I humbly thank your Lordships favour and the favour of the Court. Mr. Love is commanded away The Court adjourns The fifth Dayes proceedings July the 1. 1651 These Exceptions following signed by Mr. Love's Councell were delivered this morning by Mr. Love's Solicitour into the Court sitting in the Painted Chamber Exceptions to the Charge of High-Treason and other High Crimes and Offences exhibited to the High Court of Justice by Edmund Prideaux Esq Atturney Generall for the Commonwealth of England against Christopher Love Clerk And Matters of Law humbly presented to the said High-Court according to the Direction of an Order hereunto annexed For this Order see the fore-going page First THe Charge is That Christopher Love as a false Traitour and Enemy to the Commonwealth of England and out of a Traiterous and wicked Designe to stir up a new and Bloody War and to raise Insurrections Sedition and Rebellion within this Nation in severall dayes and times that is to say in the yeers of our Lord God 1648 1649 1650 1651 at London and in divers other places within this Commonwealth of England and elsewhere together with William Drake and divers other persons did traiterously combine confederate and complet together to stir and raise Forces against the present Government of this Nation since the same hath been setled in a Commonwealth and Free-State without a King and House of Lords and for the subversion and alteration of the same The Act of the 17 of July 1649. is That if any person shall maliciously or advisedly plot contrive or endeovour to raise forces against the present Government or for the subversion or alteration of the same and shall declare the same by open deed that every such offence shall be Treason Exception 1. The words Maliciously or Advisedly are left out of the Charge 2. That the words of the Act are omitted which are Plot Contrive or Endeavour 3. It is not Treason within the Act to plot contrive or endeavour to stir up or raise Forces against the present Government or for the subversion or alteration of the same unlesse the same be declared by some open deed But
Christopher Love at the times and places before mentioned did Traiterously and Voluntarily relieve the said Sylas Titus and one Sterks a Scotchman which then were and yet are under the power of the Scottish Nation and in Arms against the Parliament of England with Moneys Arms and Ammunition By the Act of the 26. of March 1650. the matters charged herein are only prohibited but not made Treason Except 1. That this Charge is mislaid being charged to be done Traiterously 2. It is laid to be at the times before mentioned whereas there are severall times before mentioned so as it is uncertaine to which of those times this Charge relates 3. And of these times sundry of them are laid to be in severall years before the making of the upon Act which this Charge is grounded Allegations by Christopher Love touching the matters and proof upon the Charge Though I do not conceive any sufficient proof is made of the Charges against me yet I shall be ready to make it appear upon proof That one of the principall witnesses hath deposed against me upon promise of reward and upon menace of punishment That one hath received extraordinary rewards for his deposing That diverse of the witnesses against me have been by their owne confession detected of contributing of supplies and assistance sending and receiving letters contrary to the late Acts. That no two lawfull witnesses produced prove any one Treasonable fact That no witnesse doth depose further then concealment or misprision of Treason at the most Christopher Love As this case is stated we conceive these questions may arise 1. Whether in this case these be lawfull and sufficient witnesses as by law is required 2. Whether here be two lawfull witnesses 3. Whether any concealment of Treason be Treason within the late Acts. We have not seen any Authenticall copies of the Charge or Evidence but upon the copies wee have seen we humbly conceive fit to tender these matters and Exceptions to the consideration of this High Court And wee shall be ready to speak to them or any of them or to any other matters arising upon the case as we shall receive further directions Matthew Hales John Archer Thomas Waller After the Court had received the precedent Exceptions and were sat in Westminster Hall Mr. Love was commanded to the Bar. When Mr. Love appeared at the Bar he desired the Court that his councell might be heard to these Exceptions And when Mr. Archer and Mr. Waller who were of his councell appeared in Court the Court demamded of them whether they were of Mr. Loves councell they answered they did understand they were assigned to be of his councell by the Court then the Atturney Generall demanded of them whether or no they had subscribed the Engagement they answered they had not done it and spake further to this purpose that they were by the Court assigned to be of Mr. Loves councell and were sent for into the Court and in obedience thereunto they had appeared and were ready to speak if they might be heard It was demanded of them by the Court whether or no they would subscribe the Engagement they answered That they desired time to consider of it and so withdrew After they had withdrawn Mr. Love moved the Court that Mr. Hales another of his councell might be sent for Vpon the coming in of Mr. Hales the Lord President said L.P. You come at councell for M. Love the Gentlemen that were here are brought into an incapacity of doing him service that way we asked them whether they have ingaged we doubt not you but tell you the reason why we did it Mr. Hales My Lord I have done it L. Pres Therefore you are assigned Mr. Hales I had very late notice of this businesse it was Saturday night late before I had notice of it and the next day was not a day to think of those things Yesterday was Munday and the most part of that day I spent in looking over those things that had been I think presented to your Lordship and the Court we did not know what command your lordship would put upon us whether you would admit us to speak and to what you would admit us to speak and when you would admit us to speak â—t is impossible my lord I must deal plainly I professe it is impossible for me in a businesse of this great consequence to undertake to speak any thing for the present till such time as I know your lordships directions and this was that we acquainted this Gentleman with assoon as ever I saw him and the first time that ever I saw him which was but this day Att. Gen. I think that Mr. Hales hath put somewhat under his hand Mr. Hales We have done so Att. Gen. Nay you must stand single the other two are set aside it must be you only I suppose Mr. Hales knowes what he is to speak to Mr. Hales Truly we know what we are to speak to but to speak upon such a businesse on such a sudden when we did not know what directions the Court would give that I could not undertake and I think Master Attourney will not presse it upon us it were a hard case if he should Att. Gen. Mr. Hales knowes as well as any man what is to be done in these cases none better then himselfe the Court useth not to assign councel to pick flawes but those that are just exceptions and the Court iâ— doubtfull too how they will allow councell to debate them and stand to the judgement of the Court I suppose he comes to speak to that that the party hath alledged Mr. Hales It is true we do so but Mr. Atturny General knowes likewise that when matters of law are assigned that there is some reasonable time we expect not long but some reasonable time it assigned also for the parties to prepare themselves for truly otherwise I should not do that duty I ow to the Court and my Client if I should speak ex improviso in such a manner as I have done for the first time I saw any thing of it was on Saturday night between eight and nine of the clock L Pres Though that was the first sight of this paper as it is now set down it was not the first notice you had to be of his councell but himselfe hath declared it here long agoe that the former paper was by your advice Mr. Hales No my lord if he did so I will plead not guilty L. Pres I will not say your name but when he gave us in his paper before this the last day you said it was the advice of your councel Mr. Love Not Mr. Hales L. Pres Then haply we shal ease you a great deal that that is under your hand is very short and we shall ease you of some of that too and you know that upon all assignments in the Upper Bench and common Law when they first open it they show some causes upon which they wil argue it