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
THE WHOLE TRIALL OF Mr Christopher Love BEFORE A pretended High Court of Justice in Westminster-Hall Containing The Charge of High Treason against him Debates between the Court and him before his pleading to the Charge The several depositions of the Witnesses Mr. Loves Defence to the Charge and Evidence Mr. Serjeant Hales a learned Counsell his Plea against the Charge and Evidence And the Sentence WITH The Relation of his Suffering and his Speech and Prayer at his Death upon the Scaffold on Tower-hill Published by John Farthing Citizen of London who took the Triall in the said Court in Short-writing for Mr. Love and at his own request To which is added The Tragedy of his Triall and Death in very elegant Verses By the acute Author of Iter Boreale London Printed in the Year 1660. TO THE READER Reader THou hast here a true and impartiall account of the Proceedings of the High Court of Justice so called against that faithfull Servant and Minister of Christ M. Christopher Love a man of so much and such known worâ—h while he lived and of so good a name and memory now dead that as any thing I can say of him would signifie little so I shall be wholy silent in it What and how extreme the Proceedings of the Court were against him will by this that follows sufficiently appear especially if thou dost but considerately peruse M. Loves defence and the Plea of that honourable Gentleman and his then faithfull Counsell M. Serjeant Hales against both the Charge and Evidence This triall was formerly printed but not till now made thus publick the times not bearing it The Court took a severe course to have prevented the publishing of it as being it seems conscious to themselves of their own foul and false play therein and did therefore every day commit my very Notes to the Tower though they did not prove to be under such strict keeping but that I had the liberty of giving them severall visits not that I think every one of the Court should fall under the same consideration for there were divers of them as I am certainly informed that would not at all have appeared in it but upon the earnest solicitation of some nearly related to M. Love and that only in order if it could have been to the saving of his life My aim in now publishing this Triall is not that it should prove an injury to or an irritation of any but partly a little to revive the memory of that now blessed servant of God though I know the righteous shall be had in everlasting remembrance and partly that the world may be somewhat acquainted with the manner of proceedings of our high Courts of Justice especially when they have been erected as it is too too apparent ours have been only to feed the malice and serve the corrupt and unjust interests of ambitious and merciless men J. F. The Trial of Master LOVE before the High Court of Justice in Westminster Hall June 20. 1651. THe Court being set and called over the Lieutenant of the Tower was commanded to bring forth his Prisoner and Master Love was brought to the Bar. After the reading of divers late acts of Parliament concerning Treason Master Prideaux the Atturney generall for the Common-wealth spake as followeth Attur Gen. My Lord you have heard severall Acts of Parliament read and the offences therein mentioned My Lord I have here a Charge against Mr. Love the Prisoner at the Bar and I humbly desire that it may be read likewise and you may please to take his Reply to it whether by Confession or otherwise The Clerk is commanded to reade the Charge The Clerk A Charge of high Treason and other high Crimes and Offences exhibited to the high Court of Justice by Edmond Prideaux Atturney Generall for the Commonwealth of England for and on the behalf of the Keepers of the Liberties of England by Authority of Parliament against Christopher Love late of London Clerk by him preferred and commenced against the said Christopher Love That is to say THat he the said Christopher Love as a false Traytor and enemy of this Common-wealth and free State of England and out of a trayterous and wicked designe to stir up a new and bloody war and to raise insurrections seditions and rebellions within this Nation did in severall daies and times that is to say in the yeers of our Lord 1648 1649 1650 1651. at London and at divers other places within this Common-wealth of England and elsewhere together with William Drake late of London Mercer Henry Jermin late of London Esquire Henry Piercy late of London Esquire John Gibbons late of London Gentleman Edward Massey late of London Esquire Richard Graves late of London Esquire Sylas Titus late of London Gentleman James Bunce late of London Alderman and other their accomplices yet unknown traiterously and maliciously combine confederate and complot contrive and endeavour to stir and raise up forces against the present Government of this Nation since the same hath been setled in a Common-wealth and free State without a King and House of Lords and for the subversion and alteration of the same And the better to carry on and accomplish their said traiterous and wicked designe he the said Christopher Love together with the said William Drake Henry Jermin Henry Piercy Richard Graves Edward Massey John Gibbons Sylas Titus James Bunce and others since the death of Charls Stewart late King of England who for his notorious treasons and other tyrannies and murders by him committed in the late unnatural and cruel war was by Authority derived from Parliament justly condemned to death and executed several daies and times in the respective years aforesaid at London aforesaid and at sundry other places of this Common-wealth and since this Nation was setled in the way of a Common-wealth or free State as aforesaid did traiterously and maliciously declare publish and promote Charles Stewart the eldest Son of the late King of England to be King of England meaning this Common-wealth without the consent of the people in Parliament first had and signified by Authority and Ordinances to that purpose And further to carry on and accomplish their said traiterous and wicked designe he the said Christopher Love on severall daies and times in the respective yeers aforesaid at London aforesaid and in divers other places within this Common-wealth of England and elsewhere together with the said William Drake Henry Jermin Henry Piercy Richard Graves Edward Massey John Gibbons Sylas Titus James Bunch and other their accomplices as aforesaid did traiterously and maliciously invite aid and assist the Scots being forraigners and strangers to invade this Common-wealth of England and adhered to the forces of the enemy raised against the Parliament and Common-wealth aforesaid and Keepers of the Liberties of England aforesaid And further to carry on and accomplish the said traiterous and wicked design he the said Christopher Love divers daies and times between the twenty ninth
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
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
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
afflicted I leave it to your own consciences to make application Many things else might be suggested against me and all to exasperate and exulcerate your minds against me to make you with lesse regret of conscience to passe a dolefull Sentence upon me which J hope you cannot and for the fear of the Lord you dare not but if you should and so J have done J will say to you as Jeremiah did to the Rulers of Israel As for me behold I am in your hands do with me as seemeth good and meet unto you but know yee for certain that if ye put me to death ye shall surely bring innocent blood upon your selves But J will say as the Apostle did I hope better things of you though I thus speak And thus J commit my self and my all unto God and to your judgments and consciences Attourney-Generall's present Reply to M. Loves Defence M. Attourn Gen. MY Lord you have heard him say much and it had been much better for him if he had said less My Lord when men go out of the way of their own calling they very often erre and truly I may attribute much of M. Loves confidence to his ignorance My Lord to his ignorance of the Law and when men meddle beyond their own bounds they doe transgress M. Love hath made you a continued Speech My Lord I do finde the old Proverb commonly true In multitude of words there wanteth not evill And should I say nothing against M. Love my Lord he hath said enough against himself in that that he hath now repeated even to his own condemnation in that which he acknowledgeth my Lord I cannot say ingenuously though himself hath said so to be rather a misprision of Treason and a concealment My Lord acts of concealment are not so long continued they have not so long continuance And my Lord you very well know for the satisfaction of the Gentleman at present and some else that hear me that he that heares a Treason for I do go now a little in his own way he that hears a Treason must not look back before he go to the Magistrate and reveal it and if he be at the Plough he must leave his Plough if this Gentleman were in his Pulpit he must leave his preaching he that knowes a Treason must go presently and reveal it there must be no repetition of Treason My Lord M. Love my Lord will be mistaken in that But truly my Lord I was very sorry considering the condition M. Love now stands in to hear those expressions from him that he hath made to you in relation to the past and present Authority my Lord I am not willing to repeat them M. Love must hear of it another time truly my Lord here is little of ingenuity all men will believe in this Gentleman that hath now laid it for a principle to himself and all that shall hear him and I think it not to be so Christian so ingenious not to confess any thing any time but that is ingenuity that what is proved that he wil confess and that is a high piece of ingenuity that those things that are proved he wil ingenuously acknowledge I my Lord I do not take that to be ingenuity neither in my Law nor I believe in his Divinity wil it be My Lord there hath been a great deal of care and pains taken by M. Love to take in pieces the evidence I shall not undertake now to joyn them together but in convenient time I shall I doubt not for the satisfaction of the Court and their judgements who I must say have been threatned by the Gentleman and my Lord I hope for the conviction of himself My Lord he knowes there are shrewd pieces against him that he hath acknowledged but he would take them off one by one but when they are put together they will not be single evidence nor single testimony nor single facts but a continued reiteration and repetition of Treason a continued and Series of time My Lord you are pleased to observe that himself doth appear from 1648. to 1651. so that in 1648. 1649. 1650. and 1651. in all these years my Lord there hath been this constant repetition and transacting of Treason My Lord I learn from him and 't is very true It is not good dallying with holy things nor is it with States and Common-wealths it is very bad dallying with them those that flutter there will burn their wings at last and it is not Quirks of wit nor strains of sense or non-sense will my Lord clear these things it wâ—ll not do it my Lord. My Lord he hath desired you will not hearken to private examinations my Lord I have said so too and there hath more been offered to you but that which hath been publike and viva voce all have been so But surely my Lord I could wish this Gentleman and all others of his profession would meddle in their own Sphere and not to walk out of that to come and teach Courtâ— what they should do to teach the Magistrate what is his duty My Lord I do hardly think it belongs to them ever in the Pulpit to do those things But to tell us we must not examine before-hand and ask questions in private My Lord we cannot then be prepared for Felons and Treasons And my Lord J say this confidence is much from his ignorance for these things are very familiar and must be continued to be done so that these things are not well broached by him and I do think he will say at last he understands not himself and those I hope that hear my Lord will say I do not use it for my Lord I must say it must be otherwise in all well-governed Common-wealths My Lord he hath not denied but acknowledged Meetings at his house more than once twice or thrice And truly I did expect from this Gentleman that he would not have continued those fearfull imprecations of calling God to witness that he did never write Letter nor send Letter nor lend money I had thought he would not have gone upon these equivocations Did he never move other men to write Did he never move others to lend money It is not to say this and this I have not done but I had thought he would have cleared himself totally of any guilt that way either in relation to receiving or hearing Letters read or lending or receiving money or moving for money My Lord to put it upon a particular Case this will not blinde the eyes of Justice but you will be able to see it He is pleased to say my Lord he will not lay it to the badness of the Witnesses consciences but to the badness of their memories my Lord I hope in conclusion their memories will appear to be right and some bodies conscience else to be bad And my Lord for to hear this said by this Gentleman that is a Minister of the Gospell that it is a crime for these men to
Act of the 2. of August 1650. in express words read the Impeachment The Clerk And further to carry on and accomplish the said trayterous and wicked practice and designe he the said Christopher Love within the times and at the places last aforesaid did trayterously and voluntarily relieve the said Silas Titus Edward Massie Col. Bamfield one Mason late of London Gentleman and one Sterks late of London Gentleman who then were and yet are under the power of the Scotch Nation in Arms against the Parliament and Common-wealth of England with monies and ammunition Which Treasons and trayterous and wicked practises and designs of him the said Christopher Love were and are to the apparant hazard of the publike peace of the Common wealth and Free-State Parliament and People of England and to the manifold breach contempt and violation of the Lawes of this Land and contrary to the forme of divers Statutes and Acts of Parliament in such case made and provided M. Hales Then we say it is uncertainly alledged and uncertainly laid but we take it it is not within the words of the Act we desire that Act may be read The Clerk That shall from and after the 5. of August 1650. use hold and maintaine any correspondence c. M. Hales Then this is not within this Act because that this is concerning sending to persons that are in Scotland I observe not that it is charged that they were in Scotland At. Gen. Or shall abbet assist countenance or incourage the Scotch Nation or any other person or persons adhering to them in their war against the Common-wealth What think you of relieving is not that abbetting and incouraging M. Hales It should be laid so then I desire that part of the Charge may be read again The Clerk And further to carry on c. M. Hales My Lord we think this is not fully charged according to the Act. At. Gen. I will read you another of the 26. of March 1650. M. Hales That makes it not Treason At. Gen. It comes very neer it but I insist upon it it is under the other relieving them with mony buying of Arms. Mr. Hales Still the same Exception lies upon it within the times aforesaid which certainly cannot be acknowledged At. Gen. We acknowledge the same Exception and the same answer lies to it that of the 26. of March 1650. it is he shall suffer death and upon this it is Treason upon both together we cannot divide them but must express them so Mr. Hales Under favour the one makes it Felony and the other a Treason At. Gen. But it is a deadly one L. Pres If a Statute Law makes a thing Felony that was not Felony or recites a thing that is Felony and saith it shall be punished with death being a petty Larceny therein you say well but if the Statute recites that that is Treason in it selfe actually and saith that they that doe these things shall suffer death according to the nature of that offence that is formerly recited and limits it so in the recitall if the recitall be Treason in the beginning and then say that that Trartor shall suffer death without mercy M. Hales We have shewed our reasons in the Case my lord it is as much as we can say upon this sudden concerning this Charge there are some other things that are mentioned here by Mr. Love as how far forth there be sufficient Witnesses admitting the Charge were good how far forth the Witnesses are sufficient in themselves and then whether here bee two concurring Witnesses to any one act and whether any thing be more proved then Misprision of treason and concealment of treason these are things Mr. Love takes upon him in fact to say And now for those when the case is made we shall be ready to speak to these things for truly it is sudden and new to me for these matters came not to my knowledg till this morning after eight a clock that is concerning the last paper he offers to your Lordship and that is Exception to Witnesses proof and matter of the proof whether the bare concealment for thus it is stated unto us the concealment of any thing that is treason whether that be treason or no in the party that conceals it these are things that if we were prepared for we should speak to First we conceive by the Statute of primo quinto Elizabethae there is a necessity in this proceeding before your Lordship to have two lawfull and sufficient Witnesses Next of all we thinke that if these witnesses be such as he hath stated them to be which whether they be or no we know not for we are utterly unacquainted with the evidence yet we should think they are no sufficient witnesses and then admitting they were sufficient witnesses yet if so be one witnesse speaks to one fact another to another we conceive these are not sufficient witnesses within the Statute not sufficient to convict him And then if that which they have witnessed be nothing that amounts to Treason haply committed by others that makes him not guilty within the Acts. If we had time to understand and digest and consider what were the matters that are alledged we should be able to say somewhat to it My Lord that which we have said we have said of a sudden and so it appears because we had not that clear understanding of the Charge as otherwise we might have had and so have saved much of your time Att. Gen. For that that hath been said suddenly by Mr. Hales I shall suddenly give it this answer he hath had more time then I he hath said from Mr. Love and not from himselfe he saith when the case is made I think it will appear then that these Exceptions have been made to the Court that the witnesses have not been competent neither in quality nor number they have been spoken to for the witnesses the Exception to the quality because they were of the same gang they had a hand in the some Treason that was the Exception I think that will not be allowed to be a legall Exception they are persons that as Mr. Love pretended had a hand with him in this Fact and therefore they should not be competent witnesses that I shall appeal to Mr. Hales's judgment before conviction and upon a proceeding whether they may not discover and after conviction if they be Approvers For the next for two witnesses when the case is made you will find one two three four five six and to most of them two three and four for so I may make bold to say for so I read them to you the last day And then for the last Exception that was for the concealment of Treason it is far from it for I know not what a concealment Mr. Love may intend I am sure Mr. Hales will not think that a concealment to run on one two or three years and run on and send letters that when he acts along
received intelligence all brought to his house and transacted there I would appeal to M. Hales his judgment whether this could be misprision of Treason when a party acts in it hath the meetings at his own house and hath there debates of Commissions and Instructions and Letters I think this goes as far beyond misprision as Treason is beyond misprision but seeing these are new cases before you you have spent enough of your time I shall not spend more to argue the cases that are not M. Love I humbly crave leave that seeing my councell some of them are rejected by the Court as not fit to plead before you and seeing another of them M. Maynard the necessity of his affairs is such he could not be here this day to plead here and seeing this worthy Gentleman came here unprepared whose face I never saw till this morning therefore I humbly pray there may be more time and councell assigned me with your favour and leave that they may fully debate the Argument before you those matters of the Law which are under his hand and the hands of the two worthy Gentlemen rejected by you to plead here that others may be added to M· Hales to plead the matters of Law before you and that I may have a copy of the Charge At. Gen. I hope wee have had delayes enough it is with the Court now wee have done M. Love And Sir there are witnesses here present that will prove that which M. Atturney-Generall thought none could prove to wit not onely generall threats if they would not confesse in the generall but promises of favour and threatning of death if they would not testifie against me in particular and I have manifold Exceptions touching the incompetency not onely of number but quality one Witness said he could not in conscience and did not swear till he was threatned nay fined by you and drawne out of the Court another Witness had money laid to him by Cobbet which was given his wife which did seem to conceal the bribery the more but he confessed himselfe that the mony was laid down in his house and given him to make use of and to be the price of my blood Sir to testifie against me I have Witnesses to produce Major Adams said he should be hanged if he did not testifie against me for he had given information and been in hire for many moneths together Major Cobbet and three other Messengers have come to him and offered him preferment for four moneths together if hee would reveale what hee calls a design against the Common-wealth and he hath not revealed this till he had these promises of preferment and did not declare against me till he was threatned by death if he did not do it therefore I beseech you hear what Witnesses I can bring in to invalidate the testimonies of these men At. Gen. My Lord it seems I must be for all now M. Love begins with the Court that you threatned them and punished them I appeale to all here whether a Witnesse brought into a Court in matter of property and refuse to take his Oath whether that Court be not bound in iustice to punish him and yet if he shall see his error and submit himself to do that which to justice belongs then I think it is justice and mercy in you to remit him of both and that is the case of this Gentleman in conscience he could not swear against him a conscience well wrought upon he could not in conscience sweare against him for him it was done in the Court and by the Court and I thinke undeniably justified M. Love He is not under an oath to this day he hath declared it himself At. Gen. This is to satisfie other men but it is not so regular and orderly to be done but my Lord and the Court are pleased to give you a faire hearing and proceedings that no Exceptions may bee taken to it there was another that was as good as his word that hee could not finde in his conscience to sweare against Mr. Love and that was a Minister that conscience deserved to be rectified more than five hundred pound comes to and perpetuall imprisonment that man that cannot finde in his conscience to judge him that was a godly person as hee thought and against him hee must not give witness not for Treason not to save a Common-wealth and he hath had your sentence and most justly I thinke all that was was too little my Lord. Then for the rest this is a discourse to satisfie people the Spectators here for surely these are extravagancies and totall irregularities he hath had his time to except and heard to except and said all that he hath said now and so there is nothing more to be done but now for us to rest in your judgments what you will do further M. Love I beseech you I acquainted your Lordship and the Court that some of the Witnesses were not well others I could not get them here present but did make offer to bring Witnesses to prove against Major Adams that he hath confessed himselfe he was threatned with death if he did not inform against me and he said these words he could not tell whether he should in conscience think rather better to be hanged then to come in against me and he could swear only generalls and could not sweare that ever I did write or receive Letters and M. Jaquel himself since he was sent away from the Court hath said he was not under an Oath At. Gen. What course shall we hold if you will not be regular let the Court be regular had you not time for to do it then Did he not demand Indempnity for them and rather than he would produce others to hurt themselves he would rather die himself first M. Love But these are not under a crime I beseech you the Court would be tender in matters of blood At. Gen. Be tender of justice L. Pres I would you had been so too M. Love This man declares himself he is not under an Oath to this day he did but put his hand upon his bttons L. Pres Those were your very words and very uncivill and indiscreet you have not spoke at any time yet but you have hurt your self more than any body els hath and yet your language is so liberall that no man shall escape the lash of your tongue Mr. Love I feare no man my Lord. At. Gen. That is a bold word L. Pres You have as ill Comments as any man that wears a cap your guiltiness appears in this you say we have heard all this that you require before those very words that you say of this man now particularly go to them first that he was saying he was not under an Oath It was said so again and again and again at that time we brought him and before he was examined holding up his hand we asked him it and he said he did and put it to him again and again
tender hearted Husband CHRISTOPHER LOVE Master Loves last Letter to his Wife on the day he suffered My most gracious Beloved I Am now going from a Prison to a Palace I have finished my work I am now to receive my wages I am going to heaven where are two of my children and leaving thee on the earth where are three of my babes those two above need not my care but the three below need thine It comforts me to think two of my children are in the bosome of Abraham and three of them will be in the arms and care of so tender and godly a Mother I know thou art a woman of a sorrowfull spirit yet be comforted though thy sorrow be great for thy Husbands going out of the world yet thy pains shall be the less in bringing thy child into the world thou shalt be a joyfull Mother though thou beest a sad Widdow God hath many mercies in store for thee the prayers of a dying Husband for thee will not be lost To my shame I speak it I never pray'd so much for thee at liberty as I have done in prison I cannot write more but I have a few practical counsels to leave with thee viz. 1. Keep under a found orthodox and soul-searching Ministry Oh there are many deceivers gone out into the world but Christs sheep know his voice and a stranger will they not follow Attend on that Ministry that teaches the way of God in truth and follow Solomons advice Prov. 19.27 Cease to bear instruction that causes to erre from the ways of knowledg 2. Bring up thy children in the knowledg and admonition of the Lord the mother ought to be a teacher in the fathers absence Prov. 19.27 The words which his mother taught him and Timothy was instructed by his Grandmother Lois and his mother Eunice 2 Tim. 1.5 3. Pray in thy family daily that thy dwelling may be in the number of the families that do call on God 4. Labour for a meek and quiet spirit which is in the sight of God of great price 1 Pet. 3.4 5. Pore not on the comforts thou wantest but on the mercies thou hast 6. Look rather at Gods end in afflicting than at the measure and degree of thy afflictions 7. Labour to clear up thy evidences for heaven when God takes from thee the comforts of earth that as thy sufferings do abound so thy consolations in Christ may abound much more 2 Cor. 1.4 8. Though it is good to maintain a holy jealousie of the deceitfulness of thy heart yet it is evill for thee to cherish fears and doubts about the truth of thy graces If ever I had confidence touching the grace of another I have confidence of grace in thee I can say of thee as Peter did of Silvanus I am perswaded that this is the grace of God wherein thou standest 1 Pet. 5.12 Oh my dear soul wherefore dost thou doubt whose heart hath been upright whose walkings have been holy c. I could venture my soul in thy souls stead such a confidence have I of thee 9. When thou findest thy heart secure presumptuous and proud then pore upon corruption more than upon grace but when thou findest thy heart doubting and unbelieving then look on thy graces not on thy infirmities 10. Study the covenant of grace and merits of Christ and then be troubled if thou canst Thou art interested in such a covenant that accepts purposes for performances desires for deeds sincerity for perfection the righteousness of another viz. that of Jesus Christ as if it were thine own Oh my Love rest rest then in the love of God in the bosome of Christ 11. Swallow up thy will in the will of God it is a bitter cup we are to drink but it is the cup our Father hath put into our hands When Paul was to go to suffer at Jerusalem the Christians could say The will of the Lord be done Oh say thou when I go to Tower-hill The will of the Lord be done 12. Rejoyce in my joy to mourn for me inordinately argues that either thou enviest or suspectest my happiness The joy of the Lord is my strength oh let it be thine also Dear wife farewell I will call thee wife no more I shall see thy face no more yet I am not much troubled for now I am going to meet the Bridegroome the Lord Jesus Christ to whom I shall be eternally marryed From the tower of London 22th August 1651. The day of my glorification Thy Dying yet most Affectionate Friend till death CHRISTOPHER LOVE FINIS Psal 7.10.12.5 John 2 19. Mar. 24.57.58 This passage of C. Potters Mr. Love I have news to shew you was through some mistake left out of his Depositions Pro. 6.13 2 Cor. 1.10 Job 5.19