before your Lordship of High Treason which impeachment hath been read before your Lordship and the Court My Lord by that he stands charged with High Treason with severall offences of High treason That he in the years 1648 1649 1650 and 1651 with William Drake Henery Jermin Henry Piercy John Gibbons Edward Massey Sylas Titus and others his Accomplices did Traiterously Wickedly and Maliciously Confederate Plot and Endeavour to stir up a New and Bloody War in this Nation and to subvert the Government now established without a King and House of Lords My Lord That in the same years since the death of the late King he did with other his accomplices endeavour to promote Charls Stewart to be King of England contrary to an Act of Parliament before that time made in this Nation My Lord That in the same years he and his accomplices did Traiterously and Maliciously aid and assist the Nation of Scotland to the end that they might invade this Common-wealth and hath adhered to the forces raised by the enemies of this Common-wealth My Lord That in the same time between the month of March and the first of June this present month he hath Troiterously and Maliciously held and maintained correspondency and intelligence by Letters Messages Instructions and otherwise with the enemies of this Common-wealth and to the prejudice of this Nation And in particular with Charls Stewart and the late Queen his Mother and with Jermin and Piercy and other persons of Councel abiding with Charls Steward My Lord That he hath likewise held correspondency and Intelligence with the Scottish Nation prejudiciall to this Common-wealth and to the end they might invade and bring a Bloody Warr upon this Nation My Lord These Treasons and Traiterous and Wicked Practices of the Prisoner at the Bar were and are to the apparent hazard of the publick Peace of this Common-Wealth and Free-State and the Parliament and People of England and in contempt and violation of the Lawes of the Land and contrary to severall Acts of Parliament in such Cases made and provided My Lord There hath been severall Witnesses and Proofs of these particular Charges against the Prisoner And my Lord I do conceive that there hath been such proof made that in your Lordships judgment he will appear to be guilty of all these particular actings But my Lord I will not enter upon the proof only make a Summary Relation of the beginning and continuance of this Plot and designe My Lord This Plot did begin very suddenly after it pleased God to take away the chief enemy of this Nation The King died in January 1648 and this Plot began in February the very next month following And in the same month my Lord the Scots Nation did proclaim Charls Stewart King of Scotland and they did not stop there but proclaimed him likewise King of England and then my Lord this Plot began here for in the month of February the next month after the King dyed the meeting was at the Swan at Dow-gate where were severall of the Correspondents at that time as Drake Huntington Titus and others and the end of that meeting was to contrive a way that they might agree the King and the Scotish Nation that was the end of their meeting at that time My Lord Within a few dayes after that they met again all these severall persons at the White-Hart in Bread-street and to the same purpose and at length it was resolved to make their addresses to the Queen and to Piercy and Jermin first it was the King himself for a complyance between the King and the Scots letters were sent accordingly and severall meetings and severall returns of messages were had of them My Lord at length it was resolved that they should send Messengers to the King at Jersey and agreed upon one Titus and they raised money and gave it to Titus to undertake the journey My Lord Titus accordingly went in the month of May One thousand six hundred forty nine and returned in August following After he had done his negotiation there he returned to Calice but being afraid that this wicked plot was discovered by reason of letters that were intercepted he durst not come into England but sent letters to desire some correspondents might be sent to Calice My Lord all this time I do not finde that the proof discovers the prisoner at the Bar to be any actor or present at any meeting hitherto But when these letters came from Titus then the letters were brought to Mr. Loves house which is the first time I finde him by proof to be present The letters were read in his house and in his Studie as some of the witnesses say that there were present and it was then agreed my Lord that Alford should go to Calice to Titus My Lord accordingly he went and there Titus did communicate unto him the Affairs that pass'd at Jersey Within four or five dayes after Alford returns again and where should the meeting be but at Mr. Loves house again where Mr. Love and divers of the accomplices were in his house a letter from the King was read the Dyary the Narrative from Titus likewise was read there and there was the consultation wat should be done and what further course they should take to joyn the King and the Scots together My Lord afterward they did agree that there should be some sent to treat with the King at Breda The Instructions were drawn in Mr. Loves house I think one witnesse sayes so and Mr. Love present money was raised and Mr. Love himself did speak to one of the witnesses to raise money which was Far Far accordingly did bring in five pounds and laid it down upon Mr. Loves Table Mr. Love being present then in the room My Lord I shall not trouble you with the relation of more particulars But my Lord I conceive that Mr. Love doth upon these proofs stand guiltie of endeavouring to promote the King to be King of England For my Lord what should be the end of uniting the King and the Scots together after that the Scots had proclaimed Charls Stewart King of England but that they might come in a warlike manner to invade this Nation and to set up his Authority as King among us My Lord I conceive I shall submit to your Lordships judgment that he is guilty of Intelligence from a profess'd Enemy The intelligence is my Lord that divers letters were sent and these letters were read in his presence as himself doth confesse he was at the reading of divers letters and yet did not consent to them and thereupon makes it as it were but misprision of Treason My Lord I conceive that this is apparently Treason For if letters were sent to one person and did occasionally come into another mans hand and he conceale them being not sent to him There peradventure it is but misprision of Treason But when there are sent to these particular persons letters from the King and Scots
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
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
morrow that they may appeare here L. Pres You may have counsell to morrow as the case shall be M. Love Shal I have the copy of the Charge L. Pres You shal have what is fit you shall have nothing denied you when it comes to you to have it you shall have that respect I do it not to flatter you but refuse to plead at your perill Mr. Love VVill you give me but this favour that I may have but an hour or two's time to consult with a Lawyer L. Pres I do not know but that this that is done must be done for all that comes to the bar Att Gen. I had thought there would have appeared in him that cals himself a minister of the Gospel more meekness obedience to authority not out-facing authority it is not wel done of him My Lord I humbly beg that having had thus much of your patience and perswasion by arguments and all means used to him and nothing will prevaile that my Lord you will now be pleased to give your judgement according to the rules that the law appoints you upon him that refuseth to plead M. Love I do not refuse to plead L. Pres Doth a man of your learning say you do not refuse M. Love A man may demur to his charge and yet not refuse to plead and the court may grant me a daies time if they please for I come here unarmed and unprepared Att. Gen. His demur is to matter of fact L. Pres Will you put that upon law for law which is not law and by your putting your selfe upon that you confesse the whole charge Att. Gen. I desire one favour my Lord which is of justice to him which is that you would be pleased to command your clerk to read that act that says If any person before you refuse to plead he may heare the sentence of the law upon him L. Pres Clerk read the Act. The Clerk reads that part of the Act about refusing to plead Att. Gen. My Lord we desire his final sentence M. Love My Lord I desire but the favour of a daies time to consult with Lawyers The Lord President consults a while with the Court. L. Pres I now do deliver it from all of the court and all of them are of that minde and now plead or you shall have judgement M. Love But if I plead I desire I may have counsel to hear the witnesses L. Pres We will not make a president for it will be said it was Master Lilburns case and Master Loves case Mr. Love Will you promise me that I shall have counsel to heare the witnesse L. Pres We will promise you justice Reade the sentence The Clerk goes to reade the Sentence M. Love Not guilty Att. Gen. My Lord we do say in the behalf of the Common-wealth he is guilty of the crimes and treasons laid to his charge And my Lord you now perceive that when you have been long troubled you see he comes very hardly to it an innocent man would not have made so much ado and knowing his innocency would not have had so much capitulation and trifling with a court of Justice My Lord for these crimes you are pleased to observe they are of several natures and of long continuance And now my Lord for the state of the evidence it is commended to the charge of another Gentleman that is master Solicitor General of the Common-wealth to open to you the state of the fact by which he stands here impeached and accused the nature of it and how it should have been carried on the series of time the persons with whom he complied how plotted and contrived to undermine this Common-wealth even to the foundations of it My Lord when that is opened I will then produce the evidence to make it good against him Mr. Solicitor Gen. My Lord Mr. Love urgeth much for himself but he doth not tell you what For my part I never saw his face till now but his own carriage if that do not do him wrong none will He saies he is singled out from all the rest of his brethren I suppose he means those that are his fellow conspirators the reason of that is because he was the first he had a hand in the first action and last action so that from the beginning to the end he was the principal man both by counsel friends purse and incouragement and that is the reason he might justly be singled out to be first in the punishment because he was first in the fact He saies God in Achans case wrought the discovery My Lord I thinke the court will think that God was the great Discoverer of this great treason for through the whole series of it it was prest and carried on with as much caution and secrecy as the wit of man could contrive and nothing but the goodnesse of the God of lights the Father of lights could have brought this to light who discovers the secrets of all hearts and hidden things of darknesse He hath discovered this My Lord the nature of the treason it is not one or ten treasons but it is a mystery of treasons woven together during the space of two years under the notion of Religion Many of them that were the conspiratours giving out that they were a party distinct and separate and so they did behave themselves like a party separate from the rest of the Common-wealth First this party did assume to themselves soveraign power and did exercise it divers ways they did take upon them to send Agents abroad to treat with forraign Princes and States enemies to this Common-wealth and to give commission to that purpose and to give instructions to that purpose they did demean themselves in this point as if this party had been a free State My Lord the very first of their rise was that in February 1684. When the Scots had declared for the King then they send immediately to their brethren here these conspirators to let them know that they intended to make addresses to the new King very speedily and that there was propositions drawing to that purpose and did desire a firm compliance with them promising them faithfully and how they kept it we shall hear as their brethren of Scotland that their interest should be provided for as their own And the Covenant that was the ground of all When they had thus promised they believed their brethren and thereupon went about the work and established a councel at Dowgate and there they met and plotted and contrived how in the first place to make an agreement between the King and the Scots to the intent that when they were agreed they might come with united forces to invade this Common-wealth They were plotting and contriving this about Midsomer 1649. They were taken notice of abroad to be considerable men and the King of Scots as they called him thought fit to send an Agent to them to treat with them which was one Mason my Lord Piercies man his
did not say that Mr. Love did disagree to the sending the money to Massy and Titus So I have done with that particular likewise the receiving letters from Massy and of the account from Scotland and the fight there That which Adams saith Mr. Love having replyed unto it concerning a letter writ to the Generall Assembly and Kirk of Scotland and in that my Lord he is pretty positive Adams Testimony is There was a letter written to the Generall Assembly and Kirk of Scotland at Mr. Loves house Mr. Love was sometimes present at this meeting which letter was taken to be penn'd by M. Love and Mr. Drake and I thought it to be so because of the language of it and that after Drake escaped all the meetings I know of were at his house and so my Lord say some others Being examined he sayes I saw letters which were read in Mr. Loves house Mr. Love was present and privy to the debating of them and did not declare any dissent My Lord I have now done with these particulars you have seen Mr. Love at the end though you found him not at the beginning it is not good to come at the ending of the Quarrell But my Lord under favour by the lawes and rules of Justice if any ill thing be contrived and plotted and afterwards any other person shall come into the contrivance of it and carry it on My Lod I think I shall not need to say much in it but he is culpaple and guilty of the whole from the first to the last And that Mr. Love should be but a meer Spectatour a meer concealing person it is very hard to be beleeved by any that are rationall men for after that once Titus hath done his errand at Jersey and gives his account here my Lord that his transactions and the subsequent imployment all that we know of are all transacted and carryed on in Mr. Loves house in Mr. Loves Study in Mr. Loves presence It was not one or two or three times which had been enough and very well had it been for Mr. Love if he had done as Bayns did or as Barton did they when they heard though that were too much for them My Lord to conceal as they have done yet did confesse it when required they left off when they heard of it they would go no further in it they knew the danger of it Mr. Love my lord as you will hear anon by what himself hath proposed what judgment and conscience led him to carry on this it was a conscience of his own Covenanting interest and principles for the Scots and Religion that led him on to carry on this Design My lord I have done with this that is the evidence against him for Application to it you have heard the severall lawes read before the charge opened that man is guilty of High treason and is a Traitour by the lawes of the land now that doth any way promote declare or publish Charls Steâ—art to be King of England My lord you have heard the evidence what Titus hath plotted what Drake hath carryed on what Mr. Love hath approved of and how far he hath consented and joyned in the design My lord I shall say it again if Titus and Drake be traitours as their own guilty consciences have made themselves judge themselves so he that flies confesseth the fact My lord they are fled My lord if they be traitours Mr. Love must be the same with them for Mr. Love was carrying on and hath agreed and concurred and approved of carrying on the Design that Titus and Drake have acted Consenters and Agents are to have the same punishments in Treason there aâ—â— no accessaries My Lord the next point is this the next Act is that of the 17. of Janury 1649 Having given you the evidence you will give me leave now shortly to repeat the Law The first is for promoting Charls Stewart c. That if any person shall maliciously and advisedly plot contrive and endeavour to stir up or raise forces against this present Parliament and for the subversion of the same and shall declare it by any open deed c. My Lord Mr. Love is pleased to expresse himself that none can accuse him nor none have sworn against him that he hath raised any Seditions any Insurrection any Rebellions my Lord I cannot say it fully whether he be guilty of that or no but this I will say the judgement I shall leave to the Court upon the evidence heard if Mr. Love be guilty of any thing moving or tending towards the raising of Forces Seditions or Rebellions though the thing be not done yet my Lord it is Treason those practices those purposes are Treason by the law though they never come to act we shall not look I hope to see a Rebellion raised before we shall say it is Treason and endeavour against it but for that how far he is guilty upon the evidence of being instrumental of the war in Scotland and to have endeavoured to have a party got in England my Lord I shall leave it to your judgment upon the evidence you have heard My Lord There is likewise another in the same law If any person procure invite agree aid or assist any Forraigner or Stranger to invade England or Ireland or adhere to any Forces raised by the Enemies of the Parliament or Common-wealth or Keepers of the Liberties of England this is High Treason for this you have heard the evidence what Mr. Love hath done towards this still upon the same foot of account it is Treason though but proposed and intended though not acted then there is another clause upon the law that Mr. Love hath insisted upon of constituting this Court But for those former I have said and you shall give me leave to repeat it again that these lawes offended against though in time before this Court was constituted yet this Court hath in expresse words commission and Authority given them by the Parliament to take cognizance of all Facts and offences done after that Law though done before your Commission and that my Lord is not to be doubted to be a very good and legall Authority And yet for this the law that constitutes this Court of the 26 of March 1650. That no person after the 29 of March 1650 shall give or hold any Intelligence by letters messages or otherwise with Charls Stewart James Stewart or the late Queen their mother or the Councell abiding with any of them prejudiciall to the Commonwealth or with any that shall be in Armes against the Parliament of England or shall bring or send into England Ireland or any Dominions of this Commonwealth letters messages or instructions tending to raise insurrections or a new war within this Nation and shall not forthwith reveal the same to the Speaker of the Parliament or to the Councell of State or two Members thereof or to two Justices of Peace shall be guilty of c. that is a clause
the evidence for I tell you the evidence was ended the last day and your reply and if you had any thing you should have offered it the last day here hath been nothing new offered concerning you but as it is usuall for the Councell for the State to state the matter of Fact to the Court for they have the last word but you had fully ended before and shall we go out of the way for you more then for a whole Generation which the law runs uâ—to I do not know how to do it you had this paper in your pocket you might have pulled 〈◊〉 out aâ—d you â—â—ve had time in a nearer degree to it yet the Court is willing if you 〈…〉 Couâ—cell shortly read what you read upon for matter of Law they will hear it if such exceptions as are not of your own but by the advice of Councell Mr. Love gives in his Exceptions Exceptions taken by Chistopher Love Clerk To the Charge of high Treason and other high crimes and offences exhibited to the high Court of Justice against him by Edmund Prideaux Esq Atturney Generall for the Common-wealth of England These Exceptions are not here printed for that they come in more properly afterward being again in substance given into the Court and signed by Mr. Loves Councell and the substance of them then debated in court by Mr. Hale a Councell for M. Love Att. Gen. My Lord you have now some fruits of the Notary By the law of England he that is impeached of high Treason is not to have the copie of the Indictment it is said the Court are Judges for the prisoner and Councell for him To you all things be substantially charged That there is a substantiall Charge the evidence makes out But this precedent being admitted and the former of Lilburn's cited I shall have little encouragement to go on with any Charge of Indictments L. Pres Though it be more then the law permits yet the Court will take consideration of it Att. Gen. He did read his papers I think it is more then ever was heard of in any Court in the world but to take his papers in by your Clark I hope this is no Replication to the Charge I hope he answers not that way then we shall dispute that way again If he give papers I may and as Embassadors treat by papers L. Pres Mr. Love we have gone out of our way for you and whatever hath been suggested by the Councell this day is nothing unlesse they had offered new matter and they have offered none and therefore it is against any law that was ever yet practised in England You were concluded before though haply the neglecting of it might have been a prejudice to you yet you have offered a paper which the Court will take as a paper to consider of The Court adjourns into the painted Chamber And upon their return the Lord Pres speaks L. Pres M. Love our long absence upon this account may seem to you and others that we have had something of great difficulty among us which we have considered of That which hath been upon your papers last offered in which you have set down the parts of the Charge and the Statutes and your Exceptions These we have considered of But to these though you do affirm it here to us that it is by advice of your Councel yet it is not under your Councels hand nor your own which in order it should be we have considered of them and our examining of them hath taken up a great deal of this time we have been absent We finde that there may haply be some mistakes in your Notes Therefore it is resolved though there seem not much difficultie to us yet you shall have Councell thus doing that they shall set it down under their hands what matter of law they will argue to and bring it under their hands upon Tuesday next at eight a clock to this place or to the Painted Chamber Mr. Love Shall the Councel have onely bare liberty or will the Court assigne them me L. Pres If you desire it and name them they shall be assigned you M. Love I desire Mr. Maynard Mr. Hale Mr. Waller and Mr. Archer The Clerk was called upon to read the Order Clerk Friday the 27 of June 1651. Ordered by the High Court of Justice That if the Prisoners Councel shall under their hands assigne any matters of law fit to be argued and presented to this Court on Tuesday next at eight a clock in the morning this Court will take the same into further consideration Mr. Love I would know whether they are assigned to plead here in Court or to bring a paper under their hands L. Pres If they will under their hands set down what they will stand to for law it shall be considered and they shall plead M. Love I humbly thank your Lordships favour and the favour of the Court. Mr. Love is commanded away The Court adjourns The fifth Dayes proceedings July the 1. 1651 These Exceptions following signed by Mr. Love's Councell were delivered this morning by Mr. Love's Solicitour into the Court sitting in the Painted Chamber Exceptions to the Charge of High-Treason and other High Crimes and Offences exhibited to the High Court of Justice by Edmund Prideaux Esq Atturney Generall for the Commonwealth of England against Christopher Love Clerk And Matters of Law humbly presented to the said High-Court according to the Direction of an Order hereunto annexed For this Order see the fore-going page First THe Charge is That Christopher Love as a false Traitour and Enemy to the Commonwealth of England and out of a Traiterous and wicked Designe to stir up a new and Bloody War and to raise Insurrections Sedition and Rebellion within this Nation in severall dayes and times that is to say in the yeers of our Lord God 1648 1649 1650 1651 at London and in divers other places within this Commonwealth of England and elsewhere together with William Drake and divers other persons did traiterously combine confederate and complet together to stir and raise Forces against the present Government of this Nation since the same hath been setled in a Commonwealth and Free-State without a King and House of Lords and for the subversion and alteration of the same The Act of the 17 of July 1649. is That if any person shall maliciously or advisedly plot contrive or endeovour to raise forces against the present Government or for the subversion or alteration of the same and shall declare the same by open deed that every such offence shall be Treason Exception 1. The words Maliciously or Advisedly are left out of the Charge 2. That the words of the Act are omitted which are Plot Contrive or Endeavour 3. It is not Treason within the Act to plot contrive or endeavour to stir up or raise Forces against the present Government or for the subversion or alteration of the same unlesse the same be declared by some open deed But
the Charge is That Christopher Love did combine confederate and complet to stir and raise up Forces against the present Government c. and it is not charged that he said Christopher Love did declare the same by any open deed Secondly Whereas the said Christopher Love is by the said Articles charged that for the Subversion and alteration of the same and to carry on the said traiterous Designe that he did Traiterously and Maliciously declare publish and promote the eldest Son of the late King to be King of England meaning this Commonwealth without the consent of the people in Parliament first had and signified by Authority or Ordinance to that purpose The Act of the 30. of January 1648. is that no person do presume to proclaim publish or any way promote Charls Stewart son of the late King Charls commonly called the Prince of Wales or any other person to be King or chief Magistrate of England by colour of Inheritance Succession Election or any other claim whatsoever Exception It is not expresly charged that the same was done after the said Act made neither doth the Charge pursue the words or intent of the Act. Thirdly The Charge is that to accomplish the said trayterous and wicked designe the said Christopher Love on severall dayes and times in the yeers aforesaid at London c. together with William Drake and other persons did trayterously and maliciously invite aid and assist the Scots being Strangers to invade this Commonwealth of England and hath adhered to the Forces of the Enemies raised against the Parliament The Act of the 17 of July 1649. is that if any person shall procure invite aid or assist any Forraigners or Strangers to invade England or Ireland or shall adhere to any forces raised by the enemies of the Parliament or Commonwealth or Keepers of the Liberties of England every such offence shall be taken to be Treason Except 1. That it is not alledged in his Charge who in particular were the Strangers that were invited to invade England 2. That it is not alledged that at the times of the invitement aid and assistance laid in the Charge the Scots were strangers 3 That it is not alledged particularly in the Charge to the Forces of what enemies raised against the Parliament Christopher Love did adhere 4 It chargeth the Prisoner for a treasonable assistance in some yeers that were before the said Act of the 17 of July 1649 was made 5 To advance the said traiterous and wicked designe is uncertain to what designe it shall have reference severall charges of treason being before expressed Fourthly The Charge is That Christopher Love divers dayes and times between the 29th of March 1650. and the first day of June 1651. at London c. did traiterously and maliciously give hold use and maintain correspondency and intelligence by letters messages instructions or otherwise prejudiciall to this Commonwealth with Charles Stewart son of the late King with the late Queen his mother and with Henry Jermin Henry Piercy and divers other persons being of Councel and abiding with Charles Stewart By the Act of 26 March 1650. the matters charged herein are onely prohibited but are not made Treason Except 1. That this charge is mislaid being charged to be done traiterously 2 The charge is uncertain being alledged in the disjunctive or otherwise and shews not in what other manner Fifthly The Charge is That Christopher Love within the times and at the places aforesaid did traiterously and maliciously use hold and maintain correspondency and intelligence with divers persons of the Scotish Nation that is to say with the Earl of Argile and others of the Scotish Nation and with divers other persons of other Nations whom Christopher Love well knew to adhere to the said Scotish Nation in the War against the Parliament The Act of the 2d of August 1650. is that all and every person that shall use hold or maintain any correspondency or intelligence with any person or persons of the Scotish Nation residing in Scotland without the license of the Parliament the Councel of State or the Lord Generall or with any person or persons of the Scotish or any other Nation whom they shall know to adhere to the Scotish Nation in this War against the Parliament Except 1. That it is not laid that the persons of the Scotish Nation mentioned in the charge were residing in Scotland nor expresly alledged that they did adhere 2 That it is not averr'd that such correspondency was holden without the license of Parliament Councel of State or the Lord General nor in what war the correspondence or intelligence was held 3 It is not laid with what particular persons of any other nation adhering to the Scotish Nation correspondency or intelligence was holden nor of what Nations 4 This correspondency and intelligence is not laid to be after the 5 of August 1650. mentioned in the said Act of the 2d of August 1650. but refers to a time preceding that Act. Sixthly The Charge is That Christopher Love within the times and at the places before mentioned did traiterously and maliciously abbet 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 Moneys Arms Ammunition and other Supplies to Scotland and other places and to the said Titus c. in confederacy against this Nation without license of the Parliament of England or Councel of State or Generall of the Army The Act of the 2d of August 1650. is that no person shall abbet assist countenance or incourage the Scotish Nation or any other person or persons adhering to them in their war against the Parliament and Commonwealth of England or shall go or send or cause to be sent c. any money Horse Arms Ammunition or other Supplyes into Scotland c. or to any person under their power or in confederacy with them against this Nation without the license of the Parliament of England Councell of State appointed by their authority and of the Captain Generall of the Parliaments Forces aâ— aforesaid Except 1. That there are no particular persons named who were abetted assisted countenanced or incouraged neither of the Scottish Nation nor of any other persons adhering to them 2. In the Charge the sending of mony c. is laid to be done without the license of the Parliament of England or of the Councel of State or Generall of the Army The words of the Act are without the license of the Parliament of England or Councel of State appointed by their Authority or of the Captain Generall of the Parliaments Forces 3. The time to which this refers is between the 29 of March 1650. and the 1. of June 1651. and so it takes in the time between the 29 of March 1650 and the 2d of August 1650. which is before the making of the Act. Seventhly The charge is That the said
five treasons and one act may be an offence against four or five Acts of Parliament and this is the truth for where the severall acts are repeated that my Lord are those lawes against which this treason and this treasonable practice and designe is laid to be then follows the severall enumerations of those practices designes and open acts of his now applyed by us But Mr. Hales would take them and apply them to one singly But I observe to your Lordship that those open acts of his are offences by an open act against the severall Acts of Parliament but it serves his turn for his Client to apply them so but I hope you will not apply them so but when they come between the offences and the overt acts follow it and the conclusion upon the whole that all those traiterous and wicked practices and designes are against the severall Acts of Parliament And if there be an open act so express'd in the impeachment that in law is an open act suppose it should be required to be express'd if there be an open act then I hope you will be satisfied when it hath been well proved if it be express'd in the Indictment an open act that I hope will satisfie your judgments and consciences especially when open acts shall appear to you to be an offence against the Acts of Parliament I shall leave this to your judgment and trouble you no further and you will finde in its place whether it be requisite or not L. Pres That that Mr. Hales said if it were a thing of absolute necessity in an Indictment then the conclusion will not help if the thing were of absolute necessity there charged and not charged contra formam Statutis will not do it but if I understand it right it is fully laid in this Charge that he did by open and overt acts do the thing it is laid so the words of open act are not but the value that is that he did by writing by words by messages by money and these are really overt acts though hee did not call these overt acts these are laid fully in the Charge and then if they be laid fully in the Charge and we satisfied in the full proof of that Charge that we have heard overt acts to maintain it then I think this cannot come within any of those cases that when an essentiall thing is left out of an Indictment there the conclusion will not help this I conceive so far Then the next What method or order this can be by setting down the Statutes and then withall these overt acts of letters of messages of money will reach to every one of the qualities that these Treasons are manifested by this act but if it were a treason of such a nature that none of these could reach to the manifestation of it then you say well but when these words reach to the manifestation of every charge laid in the Charge then it is effectuall and reall and the conclusion is sufficient Att. Gen. Before he goes to the next I shall crave your direction in it for I professe my Lord to you that I in drawing the Impeachments take not my self to be so strictly tyed to the forms of Indictments in letters and syllables and the forms I have taken and do take are those that have pass'd heretofore and I follow them and till I receive your direction to the contrary I take not my self bound but to expresse the substance of that which is laid to his charge by which hee may know his Offence and give an answer But to formes and quiddities and niceties I conceive I was not bound to that Mr. Hales I presse not forms nor quiddities nor niceties in this businesse The next is concerning the charge of promoting the Prince of Wales Att. Gen. No there is no such thing in it your copy is amisse again read it Mr. Hales Our Exception is this wee have been but upon the first all this while I take it so the next is That he did traiterously publish the son of the late King of England to be King of England meaning this Commonwealth without the consent of the people in Parliament first had or signified by ordinance to that purpose I think wee shall not trouble your Lordship much with that for if that be as our copie is it is true it is not well laid but if it be never so well laid I conceive as I am informed there is nothing of that endeavoured to be proved Att. Gen. That we leave to the Court Mr. Hales Mr. Hales Then the next is that to accomplish the said traiterous and wicked designe Christopher Love did at severall dayes in the yeers aforesaid traiterously and wickedly advise the Scots Our exception to that is this There is a treasonable assistance charged in some of the yeers that were before the making of the Act that did prohibit it At. Gen. And afterwards too M. Hales Mr. Hales It layes it in some of the yeers before the making of the Act and that is sufficient to invalidate this Charge The Clerk And further to carry on and accomplish the said traiterous and wicked practice and designe he the said Christopher Love severall dayes and times in the respective yeers aforesaid at London and divers other places within this Commonwealth of England and elsewhere as aforesaid together with the said William Drake Henry Jermin and others their complices aforesaid did traiterously and maliciously invite aid and assist the Scots being forreigners and strangers to invade this Commonwealth of England and hath adhered to the forces raised by the enemies of the Parliament and Commonwealth aforesaid and Keepers of the Liberties of England as aforesaid At. Gen. You will finde this in a Statute before this Mr. Hales Not before the 17 of July 1649. and then your Charge is repugnant you charge us for an offence which is precedent to the statute At. Gen. For that you go and take them and pick them but we lay them all together theâ—e were Treasons he committed in 1648. and that which I pitch upon still is this that Mr. Hales thought was waved that this man did not promote the interest of Charles Stewart late King or that he had not endeavoured a subversion of this Government I lay that against this Act made in 1648. then by consequence to maintain that he did it to promote his interest and to subvert the Government and there was a law in 1648 that did inhibit that there is a law inhibits the calling in of strangers and it follows by that that he who calls in strangers may promote the interest of Charles Stewart too and that foundation is to this purpose that he did promote him to have been King of England and you know what he express'd to you what tenderness of conscience he had to take care that he might not go elsewhere Mr. Hales If it be so then we must desire That part of the charge may be read