1648. that doth declare and upon that Law I shall fetch the foundation and rise of this Treason that whoever shall proclaim declare publish or any way promote Ch. Stewart or any other person to be King or chief Magistrate of England or Ireland without consent in Parliament shall be adjudged a Traytor and shall suffer pains of death as a Traytor Here was this Law publish'd and notice given what every man should trust to and I may say my Lord Obedience expected Against this Law hath M. Love transgressed and under favour in a very high measure so that my Lord I charge him upon this Law and since this Law was made and to this Law there is no limitation of time for men to be questioned for it and for this Law it is in express terms given in Commission to this Court to take cognizance of it so that I think this is a little clear to him My Lord the next is a Law published in July 1649 that is entituled An Act declaring what offences shall be Treason that I think he is not ignorant of though he pretended to be ignorant of another My Lord that Law likewise though it was before this Court was erected yet this Court hath by express words of the Commission power to take cognizance of it and this Court in these things is not like other Judicatories that when offences are committed the State takes care to appoint Courts and Judges to judge those offences let it be no offence to M. Love if this Court were erected especially to try him but the Law was not made especially to punish him for the Law was made before and the offence committed before and so I think in all England the offences are committed before the Judges go their Circuits and have their Commissions My Lord the next is the Law that constitutes this Court and sayes in what particulars this Court hath power to take notice of offences besides those mentioned before and the last concerning the Scots that was but lately which Mr. Love sayes he was ignorant of but he was not ignorant to doe somewhat against it My Lord these are for the lawes that Mr. Love is impeach't upon The next thing that I have to doe is and in that I humbly beg your favour That as I am now to doe Justice if I may so say to the Court and to bee faithfull to my Trust and the Duty imposed upon mee to repeat the evidence right unto you and in that as the Gentleman the Prisoner at the Barre hath had that favour from you to have a Notary by him to take all that was said of all parties so my lord by your favour wee have had some here to help our memories with whom I have conferred and by the help of their Notes and our memories my lord wee thinke wee have faithfully transcribed that which was said by the Witnesses And my lord I humbly crave favour as not now being a private examination to be read but a publike testimony in the presence of Mr. Love himself and the Court I hope it is not private now but I may use notes to do him right and may read those things that they testified upon their oath here In the first place my lord I shall according to my best judgement do him no wrong For the first I shall acknowledge it was but a heare-say and that from Drake of letters sent from Scotland to the Presbyterian party in England to let them know what had been done of proclaming the King there and that care should bee taken for their Interest This I doe acknowledge was but a heare-say but that which followed not long after that time my lord was positive and there my lord I shall begin the rise of this and thus as hath been observed by my fellowes that are Counsell here though there was not acting nor presence nor knowing yet my lord under a second it will appeare hee was consenting and approving and so guilty of the first fact My lord there was a meeting at Dowgate I suppose you remember it full well it hath been severall times repeated to you by severall persons and Titus the party now beyond the Seas and Drake and other Traytors fled were prime sticklers for this and moved others to come in and to bee there present and heare what was the designe As J did crave your Lordships favour so I shall that I may not as hee sayes trust to fickle nor roveing memory that I may bee faithfull to read to you that I have taken and what was said by them I suppose Mr. Love hath by him one that can controle me if I doe not right I begin with this meeting at Dowgate and continued at the White-Hart in Breadstreet Alford gave you this evidence That one morning hee was wished by Drake to goe to the Swan at Dowgate when hee came there there was one Titus who gave relation of the good disposition of the Prince and how inclineable hee was to take the Covenant and to cast off the Cavaliering party and those about him if there were opportunity found how to make him know there was a considerable partie in England that would sticke close to the ends of the Covenant and upon that wee that were there did thinke wee were bound in duty in relation to the Covenant to press the Prince to take it and to prosecute the ends of it And for that Titus said if wee would appoint another meeting hee would draw up something in way of Application of the Presbyterian party to that purpose Wee afterwards met at the Beare in Breadstreet and there hee drew fourth something hee had framed to that purpose and read it and it was agreed upon to bee sent over to the Prince the substance of it was to presse the Prince to apply himselfe to take the Covenant and to prosecute the ends of it and to cast off all the Cavaliers and that party about him which had brought so much mischiefe to his Father and would doe likewise to him And this I believe was sent over for Titus undertooke to send it over Wee asked him how the Prince could bee made to believe that this coming from so inconsiderable a party as wee were should come under the notion of the Presbyterian party of England hee said hee would undertake it by meanes of my Lord Piercie And my lord I think you doe remember there was one Mason servant of Piercy that was sent over hither so testified by some to reconcile the Royall and Presbyterian party This Mason my lord was Piercies Servant so testified here by divers My lord here is now the foundation Drake is he that moves Alford and Titus I may suppose the mover of Drake and both of them fled at Traytors My Lord If they were Traitours and this is Treason then whoever had a hand in carrying on this Design himselfe is a Traitor and his Action is Treason My Lord this is the Testimony of Alford My
to be controuled Let him know he is a prisoner upon the triall of his life before that court that hath been impowred by the Parliament they who did never binde their own hands I must say my Lord they cannot binde their own hands And it is this triall that they have thought fit to give him And for his excepting against thirty five then you will hardly be a court left My Lord I think if he look upon the court he will finde no enemies here knowing them to be of his neighbourhood and most of them of London and I think he known to them and they to him the most of them But my Lord these disputes are not allowed to others and the Gentleman will I hope have so much modesty at last that he will think he hath said a little too much to the court and I think it is not good to provoke too far And my Lord he hath said much and you have given him faire answers and those that are cleare and undeniable But if he speak of the jurisdiction of the court and that he will not plead let him speak in plain English and he shall hear me in plain English M. Love Although I am not satisfied as to the foundation and originall of this court yet I refuse not a triall hoping that tendernesse of conscience will appear in you and clearnesse in me and weaknesse of proof against me Upon this I do not refuse a triall but I will plead if I may have that which the Law allows me And according to my weak measure and unskilfulnesse in the Law upon the charge read against me I do apprehend there may be some things objected against the legality of the Indictment and many things to take it off both for matter of time and form and other things by a lawyer Therefore I intreat I may have counsell to be with me both in my chamber and here in the court and then I will plead Att. Gen. I am not here to make a bargain but this I will say to him he hath had so much tendernesse and respect as few men more He hath had notice of his triall above a fortnight and my Lord he hath not been denied counsell M. Love I could do nothing in order to my triall because I have sent for counsell and they would not come neer me because they were not assigned by this court and my studies being another way and being unskilfull in the Law therefore I could do nothing in preparation to my triall Therefore I pray do not destroy me in a hurry The more faire the triall is the more just you will be and I the more guilty if it be proved against me Att. Gen. I appeal to Master Love whether or no it was not denied to Lilburne and there is none that hears him but sees he hath prepared himself and perused severall Acts whereupon he is impeached But these are discourses my Lord which if he will put too nigh upon the court that we should dispute we cannot force words from him M. Love Mr. Prideaux is pleased to urge Mr. Lilburne but I have more matter of Law arising from the charge then he had and have not that triall by way of a Jury as he had and there are many things in the charge said to be done before the Act of the 29 March 1650. which gives you cognizance onely of things done from that time so that many things there are in which counsell would advise me therefore I beseech you deny me not that right and just favour L. Pres You do not breathe the same aire nor the same breath for it comes from you both yea and nay for you say you are ignorant and yet will not be informed by any thing that can be said and so your ignorance is wilfull But in this case I am sure what Law soever you can plead yet there be some Acts and matters you have denied M. Love I have urged matter of law arising out of the charge from the 29 of March 1650. There was no Act then that I know of that did prohibite the sending of Letters or Messages to or from Scotland and I am indicted for Letters or Messages sent to and received from Scotland before that time Att. Gen. I would fain give you satisfaction do not cast away your self My Lord we do use in law to lay it so for the fact we cannot tell what the proof will be whether the proof will be within this three moneths or ten moneths and it is laid in relation to other offences Mr. Love I have here the Letters of severall Counsellors and they returne to me their denial if I could have got their counsell I would And yet if I had had it I could not tell what they should have advised me in not having a copy of my charge L Pres If you had desired a copy of your charge you might have had it You must know you are before those that have law and conscience and that are bound to be of counsell for you and that is the court and it is their duty to see that whatsoever the law of England allows you to have that that you should have but you must have it in a due and proper time and manner of law appointed You are not now for the present where Lilburn was nor before such a court he was before a Commission of Oyer and Terminer who are to proceed according to those Laws and upon that the Commission directs and that is by that which the known and fundamentall laws of England direct unto but this is not in all particulars the like the Jury there hath a large latitude who proceed by way of grand Jury and petty Jury which are both included in this court so that in all things the proceedings upon that are not as upon this but thus far the proceedings are alike you have your charge and you are to plead to it for that is the first thing to be done there is nothing can answer your charge but whether you be guilty or not guilty if you plead not guilty then the evidence will be called and if then any matter of law ariseth upon the evidence it is the usuall course to assigne you counsell and to be counsell for you and to tell you it is law to have counsell but for you to demand counsell and first to have counsel assigned you it is against that form and legality that the law of England appoints for till you put your self upon trial we cannot allow you counsel to the trial so that you must plead and it is our duty to tell you so and it is the duty of this court to be as careful when you have put your self upon trial that all the benefit of the law may be afforded you therefore you need not fear it for if any of these things arise you now fear upon the evidence then will be your time and our time to stand upon this you now do
Presbyterian party in England do authorize you Francis Lord Willoughby of Pariham Edward Mâ—ssey James Bunce Richard Graves and Sylas Titus to treat on our behalf and the rest of our Brethren the Presbyterians of England with the King and to assist our brethren the Scots Commissioners in their treaty with the King and to do according to the Instructions annexed My Lord here be the heads of the Instructions That the Commissioners should use all arguments they could to move the King to give the Scots satisfaction and to take the Covenant and particularly to inform him of the condition of affairs and how things stood in England at that time all which then cried out for an agreement with the Scots giving them full power of all things and what should be concluded by them the commissioners should be confirmed by the confederates I think my Lord here was a very large commission whatsoever they thought fit they were willing to comply with and make good My Lord at Mr. Loves house at the same time it was moved according to a letter from my Lord Piercy to William Drake that a good sum of money might be sent to the King as a great means to dispose the King to an agreement with the Scots but they did not think fit to be cozened of their money but if this conjunction did follow then to raise money considerably And they went on so far as to debate how to raise this great sum of money for this pious work as you shall hear by and by under what notion when propounded Those men agreed that the best way was that the Ministers should have several correspondents and that they should propound the lending of 10 20 30 40 or 50 pounds for a charitable use but you must not ask what this charitable use is for And this charitable use what would it have been if God had not blest the battle at Dunbar we should have seen it My Lord a little before the battel at Dunbar when they had a letter from Massey or Bailey or somebody they then began to understand their brethren better then before for he did informe them that notwithstanding what was pretended yet for all that there was no English imployed nor was the King crowned This did disturb the minds of the conspirators very much insomuch that they did expostulate with a large letter written by Mr. Love and Dr. Drake written in a table-book in sack and sent there they did expostulate with them because the Presbyterian party which was the over-ruling party were growne so confident of carrying all before them that they did neither crown the King nor minde the English They did blame them for this seeing this going upon a single interest and upon one party alone which they did call godly would not do well And my Lord it proved so indeed they carried it on upon this till the battel at Dunbar came and then they began to be of another minde After that battel there was a letter from the commissioners of Estates pressing for Arms and Ammunition and letters from Massey and Titus for money to be sent My Lord these good natured men notwithstanding they had been so handsomly dealt withal when their brethren were in power yet for all that so fierce and eager were they to carry on this great designe which God knows what it would have come to they notwithstanding upon Mr. Loves proposition for he was the man who did propound it agreed to send 500 pounds presently to Massey My Lord this money was raised and subscriptions taken by Mr. Love himself at his own table And this is proved by one who brought his ten pounds he brought it to Mr. Love and would trust no body else with it and this was sent away presently by captain Massey My Lord there was a large letter sent also with the money wherein was good counsel for besides the money he did write to advise his brethren that it would be notable service to indeavour after union The letter was sent and that large letter inviting to union had been delivered to the Assembly and that would help to quash the dissenting party in Scotland who had made the King a prisoner But now the State and Church were all agreed and this was the fruit of Mr. Loves letter And if they had not been so united they could have done no harm this letter came so seasonably that they conceived it very considerable They pressing to union very much by this means did quash the dissenting brethren and by that means they came to be as now they are My Lord about Christmas last there came a letter from Massey which gave an account of crowning their King and of great preparations to take the field and that the correspondents here should beware of unseasonable rising and that they were most affraid that these persons would rise too soon and so spoile all My Lord in answer to this letter they write back again to Massey to advise him on the other side to take heed that he came not into England but well provided and not to depend much upon the assistance here in England they were affraid he was too weak as he was affraid they were too forward My Lord after Cook was apprehended then the correspondents met no more at publick meetings and yet they received letters from Drake Massey Bunce and the rest whereof Mr. Love was still made acquainted as a principal man that told them of the hopeful condition of the Scots Army that they intended to engage in England advising the party here not to be too forward This was the second advice and see the reason of it for if Mr. Love sate at the helm as he did all the meetings being at his house after Drake went away he still stating the question drew these letters and corrected them And if he were such a main stickler truly there was very great reason for his advice My Lord about the middle of March last Col. Bamfields man brings an answer to the message in the table-book written in sack containing foure or five sheets of paper Upon this packet there was nothing written but the letter L. to deliver to one of the conspirators and seeing nothing but the letter L. written he carried it to Mr. Love and Mr. Love did own it as sent to him and that was the large Narrative of the state of affairs in Scotland after the fight at Dunbar how things stood there My Lord with this Narrative was sent also a letter from Mr. Bailey by order from the general Assembly they did order Mr. Bailey which was the Scotch correspondent there to write a large letter and there was another letter from my Lords of Argile Lowden and Lothian c. it is worth your observing what this letter was that came from these men First thanks for the good affections of Mr. Love and the rest of the conspirators Secondly incouragement to persevere and to credit Bamfields negotiation for money
confess so much as he hath done yet for the lenitie of the State that hath moved them to take care of their own preservation And I would not do it but that he hath stood upon all terms of defiance with justice and majesty and you have heard from a fellow Minister what he did the last day and the principles he urgeth this day which let me repeat again there will be no living in society if these things be let alone My Lord it is much insinuated by him that his blood will be upon you and the Court J would he had thought upon blood before these things had been so transacted by himself I am afraid between God and his own conscience be it and those that have had correspondency with him that much of this blood that hath been spilt in Scotland hath been much by their means you hear him say that what was desired by them and in order to what it was was that the King of Scots might joyn with the Scottish Nation and not go to Ireland that was his conscience I do not know his conscience led him to meddle with those things to meddle with State-affairs But my Lord if it be so and this hath been brought on by them that one hath incouraged the King to joyn with the Scots and the other hath incouraged the Scots to joyn with the King by hopes of parties here which he himself acknowledgeth now was undertook in the name of a Presbyterian party though I think and do believe it for very many honest Presbyterians that they would spit in his face if he should say it of them but I say these doings hath occasioned the shedding of much blood and a great deal of variance between the two Nations and the Lord knowes when it will end But my Lord as he concluded for himself you will be pleased my Lord to give me leave though not in that way of conjuration as he hath done to say for the State I shall not prevent your judgements but it is better that one man than a State should perish And if this man be guilty of the Treasons proved against him I believe himself will judge he had better perish and suffer death than the State should perish All these actings of his have been underminings of the State clean through carried on very closely and covertly in disguises and not discovered but he that dances in a net will be catch't trapping at last My Lord before you give your judgment you wil consider that justice to the Common-wealth So my Lord I have added what my bad memory J hope not bad conscience hath repeated to me as might give some answer to what he hath said but since he hath been pleased to take such pains to run through all and every one of the evidence so exactly and hath had three dayes given him for it my Lord I shall ask but one for my self and for those that are the Councell of the Common-wealth My Lord this is all I shall say at present to you and shall say no more till next meeting Judge Keeble The Lord President speaks after the Attourney-Generall the very beginning of his Speech was not heard he beginning very softly L. Pres But again in this point for the Presbyterian Government if it be rectified doubtless it tends to the peace of this Nation and all places but not with a Scotch limitation I deny that nor limited by a Scotch Covenant The next thing is this because you often fall upon distinctions of the Law and that you are ignorant of the Law the more to blame you that profess the learning of the Law of God for there is no Law in England but is as really and truly the Law of God as any Scripture-phrase that is by consequence from the very Texts of Scripture for there are very many consequences reasoned out of the Texts of Scripture so is the Law of England the very consequence of the very Decalogue it self and whatsoever is not consonant to Scripture in the Law of England is not the Law of England the very books and learning of the Law whatsoever is not consonant to the Law of God in Scripture or to right reason which is maintained by Scripture whatsoever is in England be it Acts of Parliament Customes or any Judiciall Acts of the Court it is not the Law of England but the errour of the party which did pronounce it and you or any man else at Bar may so plead it and therefore to profess you are knowing in the Laws of God and yet to be ignorant of the Lawes of England when yet the Lawes of England be so purely the Lawes of God as no Law in the world more practicall at this day for you to be ignorant of them it is not to your commendation nor to any of your profession Then Sir for your going on in these wayes The Court with patience hath heard you I think two hours or thereabouts and you have done nothing but anticipated the Court What do you think they have not understandings and judgements and consciences They would have done it they would have examined these Witnesses precisely and would have compared them but you have taken up all this time by way of anticipation and in a Rhethoricall way to do it let me tell you that Orators among the Heathen have been the greatest Incendiaries and those Orators in Christendome that do not set their judgements upon right ends they are the most unworthy men in Christendome for there is no heresies murders traiterous and treasonable practises and attemptings and all the highest wickednesses that ever were committed in Christendome whatsoever or in this Nation in particular but they have had some of that profession that have called themselves Ministers of Jesus Christ as the Jesuits of Jesus and the Priests of those and all these things and high actings have still had some tincture of your Coat in them Therefore it is not your Office can excuse you your Office is sacred as other Christian Offices are and you are no more Divines by your Office but you are to remember and you must know that Christian justice that you teach in the Pulpit to act it in the Court is of a higher nature than preaching is and therefore in this that you should advance your profession beyond the Judicatories of this Land know that Judgement and Justice is the highest Religion in the world both in Christendome and out of it And this Sir wee would have you know that Lawyers Doctrine tends to this and I hope hereafter you will be more obedient and better vers'd to know these grounds of the Laws of England by which now you are called here I shall say no more but take advice with the Court about you The Court adjourns and M. Love is commanded away The fourth Dayes proceeding June 27. 1651. Mr. Hall The first Councell for the Common-Wealth Mr. Hall MY Lord The Prisoner at the Bar Mr. Love stands impeach'd
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