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
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
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
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
from or sent to the Scots were read there which I do not deny Again None of them swear that ever I did so much as read a letter in my house or other where that was pretended to come from the Scots or pretended to bee sent into Scotland Further None swear that ever I gave my expresse and particular assent to the sending away of any letter And none swear that ever I collected one peny of money either for the King or the Scots or any person in Scotland That which is affirmed by one testimony to wit by Alford that I moved for money I shall answer when I come to it Again None of the witnesses prove that ever I invited any person or forraigne forces to invade the Nations of England and Ireland which yet is laid expresly to my charge in the charge read against me None likewise prove that ever J plotted contrived or endeavoured to raise forces tumults or insurrections within this Nation against the present Government None swear that J was a correspondent Jndeed Adams in his testimony had these words which both the Notarie and my selfe took that he took me to be a correspondent but when J had your Lordships and the Courts leave to put this question to him Whether upon oath he would affirm J was one His answer was that he could not positively say J was so but he said he did conceive J was a correspondent but did not say J was so So that Sir as to these particlars there are none of the eight witnesses neither the seaven that have been sworn nor yet Master Jaquel whom J doe not take to be under an oath that doe charge any of these particulars upon me J have a word also to speak concerning the witnesses who are my accusers and J might say there is an incompetency in them as to their number There are many particulars sworn against me to which but one witnesse hath sworn to one fact and this J shall humbly offer to your Lordships and the Courts consideration J might alledge also an incompetencie as to their quality they are not onely persons accused of treason and so are not to be believed but they have made an open confession of that which is treason by your Act and so are not legales testes They have done that by an open confession which as J am informed is equivalent to a conviction they have confest sending of letters receiving of letters and lending of money But they have proved none of these things against me Now they having both given it under their hands and also publickly declared that they have done these things I cannot judge them competent witnesses against me but this I must leave to the Courts consideration Sir Concerning the incompetency of their number To that wherein two witnesses doe concurre I am concluded And wherein they have testified any thing true I would not deny it for all the world and wherein they agree in their testimony in a truth therein I will be candid and ingenuous to acknowledge it My Lord Though the Charge be long and my time but short and the depositions many sheets of paper and truely I could hardly read them over till late last night yet through the good hand of God upon me I shall labour to make as plaine and clear a defence as God shall enable me Sir In reading over the charge I observe that those things which seem most criminall against me are sworn to but by single testimony and I will mention with your Lordships leave a few particulars First Touching the letters said to be from Titus the effect of it being as was said to desire some to come over to Calice that he might give them information touching affaires at Jersey none but Far swears that this letter was read in my house The other witnesses some say it was read in one place and some in another Alford I remember he sayes he heard it from William Drake and Adams sayes it was read in William Drakes house but none but Far swears it was read in my house There is likewise none but Far swears that Major Alford was desired in my house to go to Calice to Titus neither Jaquel nor Potter nor Alford nor Adams nor any of the rest lay this to my charge it is onely Far that layes this to my charge and he doth it most untruly which I will make out unto you by an undeniable demonstration He says that at a meeting at my house the company did desire Major Alford to go to Calice Now if your Lordship observes Alfords testimony he tels you upon oath that he was never in my house till after he came from Calice nor ever spake with me in my life till after he came from Calice therefore could not be desired in my house to go to Calice So that Sir I will not lay it upon the badnesse of Far 's conscience but upon the badnesse of his memory I do not think he is such an Atheist to swear falsly deliberately but being ask'd so many questions as he was for he was ask'd fourscore and eighteen questions by Mr. Atturney and some of the Court he might easily say he knew not what And I saw the man was confounded and it was hinted to him what to say by the help of the papers and examinations taken from him in private and shewed to him in publick so that Sir I saw the man under a temptation I was loth to mention this then though I knew his testimony herein to be be false because I would not anticipate my last answer A 3d particular charged upon me by one witnesse onely is a copie of a letter not the Originall none swears that that Alford received from Titus and he told him it was a copie of a letter from the King Now Far he swears that the substance of the letter was to desire Commissioners to bee sent over to Bredah at the Treaty there now Alford who pretended to receive this letter from Titus being ask'd the question he swears that there was no such thing in the letter that he knew of Now truely if any did know the contents of that copie of a letter it must be Alford who brought it over I beseech your Lordship therefore to consider it and though the charge against me be very high and my condition very low and the opposition against me very great yet I hope I am in the hands of mercifull and just men and that wherein you see but single testimonies that therein you would be very tender in proceeding to a sentence against me upon those testimonies Again in the next place I observe a single testimony only in another businesse and that is Major Alford none but he of all the witnesses did swear that it was agreed upon among us that is at my house That a commission and instructions should be sent over to the Lord Willoughby of Parham Massey Titus and Alderman Bunce none I say but Alford swore this Adams
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