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
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
reach to all for if there be any one it is sufficient but here it is to all even to that one that you speak of At. Gen. My Lord I shall read a word to Mr. Hales Al which Treasons and Traiterous and Wicked practises and designs of him the said Christopher Love were and are to the apparent hazard of the publick peace of this Commonwealth and Free State Parliament and people of England Mr. Hales findeth not these in any Indictment and to the manifest breach contempt and violation of the lawes of this land and contrary to the form of divers Statutes and Acts of Parliament in such case made and provided in generall my Lord. M. Hale We conceive under favour and we think that it cannot be denyed that such a conclusion will not serve the turn At. Gen. No not in an Indictment Mr. Hale If there be a substantial part of the Charge omitted that ought to be alledged in fact it is not the conclusion that contrary to the form of the Statutes in this case made and provided will help it My Lord I come unprovided the case of my Lord Dyer that known case upon an Indictment for Recusancy or for a wilfull or knowing harbouring of a Jesuite or Priest Saith my Lord Dyer It is not enough to say he did harbour him contrary to the form of the Statute but hee must say he did it knowingly he must alledge and pursue the substantiall words of the Act of Parliament And so again an Indictment for absenting from Church it is not enough to say he did it contrary to the form of the Statute but that he did it obstinately Therefore that generall conclusion that this was to the hazard of the Commonwealth it is true it is an ill thing for any man to do such a thing that is to the hazard of the Commonwealth but those words serve not the Statute neither and then to say at the conclusion Contrary to the form of divers Statutes that will not help it under favour in case of an Indictment Then Mr. Atturney makes a difference between the case of an Indictment and this Charge I conceive that in this case there is no difference the matter is the same the one concerns the life of a person and so doth the other the offence is the same the one is a charge of high Treason and so is the other It is true those formalities that concern the manner of the Triall those it is true are laid by because here is no Jury to come before your Lordship but your Lordship tryeth upon the hearing of the testimony and according to things alledged and proved But for other matters that especially are substantially required by the Act of Parliament wee conceive that those shall be supplyed no more by an intendment in case of a Charge before your Lordship then in case of an Indictment for Treason To this I shall say no more but leave a word or two to your Lordships judgment For the other thing we are still but upon the first Charge the first Article it hath first of all been insisted upon that an overt act is not necessary to be alledged because supplyed by the words of the conclusion Contrary to the form of the Statute To that I have answered I conceive it is not nor can it be supplyed because it is a substantiall thing in the very words and bowels of the Act and cannot be supplyed by a generall conclusion Then it hath been said by Sir Thomas Withrington the States Serjeant that in this case those subsequent matters and charges shall be an overt act within the Statute that is that which hee hath read to you It is in the fourth Article as I take it That Christopher Love divers times between the 29 of March 1650. and the first of June 1651. did traiterously and malicously hold and use correspondence and intelligence by letters and messages But that cannot be I may say it that is not a sufficient manifestation of an overt Act because there do precede it these particular Charges of Treason within particular Acts of Parliament why then if so be to maintain his designe for the carrying on of his designe aforesaid this should be said to relate to the first designe why not to the second designe of promoting Charls Stewart to be King And why not to the third designe So that where there are three severall designes before all made Treason by the Acts of Parliament that cannot be an overt act to make good the first part of the Charge with submission to your Lordships judgment And then another thing wee say That this Charge which Sir Thomas would carry up to the first Charge and make it as an inforcing and overt act within the first Charge that cannot be for this other reason because it is charged as a traiterous distinct act in him Now we have this learning delivered by Sir Edward Cook in his Comment upon this in the 25 yeer of Edward the third That is where there are severall acts made Treason the one is an act for leavying of warr Now there the case was Treason against the person of the King Queen Prince c. that one part shall not be an overt act in case of Indictment shall not be construed as an overt act for the making good of another part because where all are made equally traiterous and all are charged as equally traiterous wee think with submission those parts shall not be made an overt act to another Treason So when here is a Treason made by the Act of the 17 of July and another by a subsequent Act that which is charged as a Treason in the subsequent Act shall not be said to be an overt act for the making good of the former if the former be not a Treason able to maintain and support it self this subsequent act shall not serve as a bolster to uphold it and to supply that which is laid as a distinct treason of it self Now these are the three things we insist upon First That an overt act is necessary to be laid Secondly That it is not supplyed by the generall conclusion nor can it be Next of all that this act that is here laid to be done traiterously to hold correspondence and intelligence it refers no more to the first designe then to the second or to the third designe which are charged as three distinct Treasons and this is charged as a distinct and positive Treason of it self and therefore shall not be carried over as a supplement to another Att. Gen. We granting that an overt act is necessary to be express'd grant it should be so but no more but in evidence and then granting in the next place that the generall conclusion will not be sufficient to maintain it when it is requisite an open deed should be express'd Then for the third I cannot be of his judgment in this way of impeachments but as we see one person may commit four or
against the legallity of this Indictment L. Pres Go on then M. Love Sir the first motion I shall make is for counsell to advise in matters of Law relating to this Triall and as I do gather from hearing the Indictment there are severall matters of law that do arise in which I desire to have counsell assigned me and the first is whether the Act by which this Court is constituted of the 26 March 1650. that forbids receiving or sending Letters or Messages to or from England or Ireland do inable you to receive a charge against me concerning Letters to or from Scotland Scotland not being mentioned in that Act by which you are constituted therefore seeing this is matter of law I desire I might have counsel to advise with about it Att. Gen. Mr. Love then doth admit that he hath received and sent letters to Scotland M. Love I admit nothing Sir you charge me with it but I do not grant it Att. Gen. Then you will give us leave to prove it If he will admit that he hath sent and received letters from Scotland and so demur that it is not in your power I will joyne with him But my Lord there was a particular Act read that doth relate particularly to Scotland and that this court hath cognizance of that Act was read before hand but Mr. Love did not observe what was read to him and it is so far in favour of justice to him that you read him the laws and clauses upon which he stands impeached and that there is a law against sending to Scotland But my Lord these debates are lingring of time if a man will demand counsel he admits the fact that the fact is true but being true he ought not to be condemned upon it if so I will joyne with him But if he plead not guilty I shall be ready to prove it M. Love I beseech you Sir I do apprehend there is another matter of law ariseth and that is from the Act of the 26 Maerch 1650. there is a prohibition of sending letters or messages to any in arms against the Parliament now I am charged with sending and writing letters into Scotland now it doth not appear to me that Scotland was in arms against the Parliament of England but for their own preservation Therefore I desire counsel in this Whether I that am accused of writing and sending into Scotland am therefore accused of writing and sending to those who are in arms against the Parliament of England or whether they were in arms for the preservation of Scotland or in opposition to the Parliament of England Att. Gen. If you will admit still that you have sent or received from Scotland then I readily grant it M. Love I will admit of nothing I have so much of a christian in me that I will deny nothing that is proved to be true and so much of an Englishman that I will admit of nothing that is seemingly criminall L. Pres You are a christian and you are here in the presence of God as Achan was M. Love If it be proved against me L. Pres Then your denial of it will be a high transgression against God M. Love I could urge the case of Jesus Christ who when he was accused before a Judicatory answered not a word L. Pres You are out M. Love When Christ was accused in a civil businesse to be a mover of sedition as now I am they asked him whether he was King of the Jews and he answered them not a word But this is that I doubt whether there be not matters of law arising from the charge read against me and that in respect of the time of the Act of the 26 March 1650. which gives power to you to determine severall crimes and to proceed to the trial of the offendor And Sir it is also to me doubtfull whether this be not matter of law viz. whether this trial ought not to be by a Jury of twelve of the neighbourhood or whether in any different way from it and I doubt it upon this ground your Lordship having given me this hint for I was present at the trial of Mr. Lilburne and the formality of the law tied him to plead to this that he must be tried by God and his Country He refused it and your Lordship urged it upon him that he might safely plead it by God because God was in all Judicatories and by his Country because said you by Country is meant the Jury of a mans equals And this is a trial according to the law of the Land Now if you have declared that in Guild-Hall I beseech your Lordship inform me whether a different way from this of a Jury of the neighbourhood be according to law in Westminster Hall L. Pres You shall be informed That was a trial by the law as it then stood these now are all upon Acts of Parliament and Laws of the Land that are of as high a nature as they those are ancient Laws and these are Statutes lately made and of an extraordinary nature and were made to meet with such persons as you that have done such things as you have done And now for your Neighbourhood I hope you have twenty or forty Neighbours that are within the equity of that Law Mr. Love If they be a Jury I have power to except against 35. of them Att. Gen. My Lord he pretends Mr. Lilburns Triall but when you come to hear the evidence you shall hear what he was doing then he was preparing himself then in his businesse he thought his time might come and I am informed that since he hath been in the Tower Lilburn hath been his counsel M. Love Mr. Prideaux Sir you are no God to know my thoughts Att. Gen. I did say this from his own expression he was a diligent observer there that he might know what was done there that so he might prepare himself M. Love Sir you did declare this after the change and abolition of a King and House of Lords that a Triall by a Jury of twelve of the neighbourhood was according to Law and you urged Master Lilburne with this that he might plead and do no harm unto himself And not onely so but the House also declared That since the change of Government they would never alter that way of triall and upon the ninth of February 1648. they did declare That though they thought fit to abolish the Kingly Office and the House of Lords yet they resolved they would still retain and preserve the fundamentall Laws of the Nation for and concerning the preservation of the liberties lives and estates of the people Now Sir they declaring they would never alter this way of triall and you declaring this way of triall by Juries to be according to the fundamentall Laws of the Land I beseech you give me the reason why it is denied to me Att. Gen. My Lord it is very unusuall for a prisoner to debate with the court Here he is
Thirdly promised to repay all whatever they should lend But when and by whom this payment should be made the letter will tell you and that is when God shall blesse their endeavours in procuring a free Parliament in England So the Parliament in England must pay all the Scots debts that these conspirators shall lend Truly I thinke it will be a very free Parliament indeed when it comes so free out of the peoples purses My Lord Mr. Love and others gave Bamfields man that brought this Narrative out of their own purses ten pounds and sent a bill of exchange of 30. pounds to Bamfield by one witnesse it will be expresly proved that ten pounds of this money came out of Mr. Loves purse My Lord William Drakes last letter did informe that Massey would break into England as soon as there was grasse for his horses and therefore he sent to have a good bank of money provided in readinesse and that they should think of timing a party and that they should neither rise too soon nor too late but just when Massey came in this Mr. Love told Major Adams My Lord now we come so near to the time as that one of these conspirators is apprehended by the Councel of State When he had been in restraint three daies he sent to Mr. Love and Mr. Love came to him but he had been at a kinde of a Fast for they did keep Fasts once a fortnight at least and Prayers for the good success of this design That God would bless this wonderful Treason which was for the making by the Scots Army an utter subversion of this Commonwealth and the free and noble and magnanimous people of England should be made vassals and contributaries to the Scots Nation This was the design and for this design the Ministers fasted and prayed But it is plain God did abhor such things And my Lord Master Love took upon him to speak to the person under restraint Take heed saith he what you do least you wrong your self or others and said It is true Titus his man hath broken up Papers but we are all well enough but give notice to the rest of the Confederates That they may not be surprised but be you not troubled because we have prayed for you this day And they implored the God of Truth that nothing of all this should come to light but that we should be in the dark still in generals My Lord This is the true state of the evidence as near as I can present it with a frail memory And my Lord I have opened nothing but generals your Lordship and the Court will judge of it and Master Love will have the less to do to answer But it appears by this That there hath been such a practice such a series of Treason Treason upon Treason that one Act of Parliament is not enough to contain it but all those Acts of Parliament read every one of them make him a Traytor And my Lord I am sorry I have taken up so much of your time especially when you have spent so much time before If your Lordship therefore will be pleased to have the patience to hear the Witnesses we shall prove more then I have yet opened At. Gen. My Lord This was an early Treason that began betimes to crush the Commonwealth in its infancy And my Lord Master Love being singled out for justice you will anone observe there was singular cause for it and if he had had his desert it had been long before now But States can play sometimes with Treasons and not take a time tell they see fit My Lord This Treason as I have opened it to you began in the year 1648. The King of Scots so called but take notice That the same Nation and Persons that proclaimed him King of Scotland proclaimed him King of England also at the same time in the same Nation and those persons that proclaimed this person King of Scotland the same proclaimed him King of England My Lord You have heard some of the Conspirators named Titus and Drake active men both of them These men have been so ingenuous That they have fled for their Treasons notwithstanding this Gentleman a Minister of the Gospel he doth not do so they have confest their offences and are fled for them they dare not appear they have so much guilt within them that prompts them to keep away but this Gentleman hath not so much My Lord Drake was so active and it was carried on with so much secresie and so much as they thought of Caution That Master Drake writing as that Gentleman next Mr. Love doth in short hand he burnt his Papers and burnt all where any thing was to be seen so that no originals are to be seen My Lord in this case it hath been opened to you what transactions Mr. Love had with Scotland and you have been pleased to observe it was a tender point that Mr. Love did enter discourse with the Scotch Nation Mr. Love was very much troubled at it and he may see just cause to be troubled at it And will you give me leave there hath been Blood and Treasure spent as was told you by Mr. Solicitor I am afraid I might too justly say by that Gentleman and those he did seduce That they have been too much the cause of this Blood even that Gentleman that stands at the Bar that should be a man of peace and not of blood My Lord I may justly say That that Gentleman hath been too much the cause of these late Engagements between these two Nations and making himself a party and it is a sad thing when parties appear against a State My Lord I am too much afraid what ever God pleases to work upon him That it should touch his Conscience that he should be instrumental in such a work But I verily believe had there not bin actings from hence there had not bin so much forwardness in the Kings party to the Scots My Lord I will minde that Gentleman of what is said of the fifth of November I am sorry for it that it should be said of our Ministers whose Faith is Faction Whose Religion is Rebellion it is said so of the Romish Ministers I hope it will not be said so of the English That their Faith is Faction and that they pray for strife and fast for strife My Lord For these men Drake and Titus they are gone as I said and they did confess themselves so much guilty as that they have fled for it and Mr. Love doth know I am sorry to see him in that gesture that he was conversant with them all and doth know I believe that we can prove it and when he hears the men named he will say so too Truly my Lord I have nothing to say against the person of the man but against his vices and faults and nothing to his Function and nothing to those whom he pretends so boldly to represent that is the Presbyterian party
Law Mr. Love There are some things in my charge that I doubt this Court cannot take cognizance of something in those acts and something in respect of the time It is matter of law whether the act speak of sending or receiving letters or messages And here are eight witnesses come in and never a man proves that I received letter or sent letter or lent any money And this I conceive is matter of law whether the acts reach being present onely where other men lay down money L. Pres You have had counsell Mr. Love My Lord I have had none Att. Gen. For counsel you are to send him none my Lord he hath his liberty he hath recourse for all the people in England to come to him Mr. Love Counsel have refused to come to me I have there letters about me Here he reads the letters of some Counsellers which they sent to him to the Tower declaring they could not come to him unlesse they were assigned by the Court. Att. Gen. All that we can say to you is that Counsell may come to you if they will Master Love is commanded away and the Court adjourns till Wednesday The third dayes proceedings July 25. 1651. The Court is set and Mr. Love is commanded to the Bar. Att. Gen. Mr. Love This is the day the Court hath given you according to your desire to make your defence and they are ready to hear it L. Pres And I hope those directions that have been given have been observed that any persons of what qualitie soever either Lawyers or others that came to you have had in a fair way accesse unto you And that you have been debarred nothing that the Court gave order for if there have been any impediments we will do our best to have them taken away Att. Gen. My Lord I have nothing more at present against him you have heard that whereof he stands accused and the evidence produced to prove it and my Lord I hope they be sufficient to convince the Gentleman that there is proofe against him for these facts and treasonable designes whereof he stands accused This day is appointed for is defence if he think fit to make it but if God hath otherwise wrought upon his heart and that he himself is convinc'd that the charge against him is proved to be true to me it will be the best way of his preservation But what way soever he thinks fit to take I shall be ready to go along with him in it and so my Lord I expect what he shall say Mr. Love My Lord I shall not trouble your Lordship and the Court to bring in at present any witnesses to testifie any thing that might invalidate that testimony that some have brought in against me I love not to protract time but I should betray my own innocencie should I by my silence lie under all that charge and obloquie which is cast upon me and therefore I deem it my dutie wherein I can and as far as I am able to expresse my selfe before your Lordship and the Court And therefore I humbly crave leave of your Lordship and this Court that I may make my defence for my life before you Although I am denied counsel to plead for me in this Court which is so just and necessary a means for the preservation of my life yet my comfort is that of the Psalmist My defence is of God which saveth the upright in heart and pleadeth the cause of his servant against him that puffeth at him My Lord You have granted me that favour which the Romans did to Paul that he might answer for himselfe concerning the crimes laid against him In making my defence I shall humbly crave leave to proceed in this method To speak something first concerning the charge 2dly concerning the witnesses and their testimony 3dly some thing concerning my selfe and then Lastly some things humbly to propose to your Lordship and the Court. Concerning my charge Mr. Atturney General hath exhibited a charge against me consisting of two parts Of high treason and of other high crimes and offences As touching the first comparing the acts which the State hath made with the actions which my selfe have done I know not any personall act of mine proved against me that renders me guilty as to treason by any publick act of your Lordships And therefore I pleaded the generall issue Not guilty as to that As to the second my Counsell having a general license to come to me and since having been with me they have acquainted me that presence with or silence at what my accusers have done this renrenders me culpable by your acts And therefore as to that I shall humbly commit my selfe to your justice and mercy Concerning Sir the Charge laid against me I can safely and truly say I am charged with many things which I ought not being pretended to be done before the Act was published which constitutes this Court I am charged likewise therein with many things that I knew not and with other things that I did not and therefore dare not in conscience lie under the obloquie of the whole charge I do therefore in generall declare and protest against what is mentioned in the charge touching the raising of insurrections seditions and rebellions I may say in that regard as Jeremy did I desire not that wofull day God he knows To the other particulars to wit the confederation with Jermine Piercy and others in forraign parts to raise forces I answer I dislike the very mention of their names or any concurrence with them in any practise of such a nature who are persons whose principles are so contrarient to religion and liberty As touching the other particulars to wit a correspondence with the Son of the late King the Queen Jermine and Piercy and others mentioned in the charge I doe declare before you that I never received letter from nor sent letter to any of them nor had I any correspondence with them There are other things in the charge to which all the depositions of the witnesses doe not in the least come up And should I by my silence render my selfe obnoxious to the whole you might judg me to be guilty of that which indeed I am not guilty of I observe in reading the charge that there are many things in it which the witnesses doe not in the least speak unto For first None of them swear that ever I writ letter to the King or to the Queen his mother or to Jermine Piercy or any other person named in the charge or to any person of the Scottish Nation since the troubles began Againe None of the witnesses swear that ever I either desired or perswaded or directed any person to write any letter to any persons whose names are mentioned in the charge or to any person in or of the Scottish Nation Nor do any of them swear that ever any letter was written in my house but that onely letters supposed to be come
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
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
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
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
Lord I hope he will be so ingenuous as not to be long L. Pr. Take this in your way Mr. Love God is as present here as he was in the case of Achan Go on Mr. Love Sir by my appearing in this place I am made a grief to many that are godly and a laughing stock to the wicked and a gazing stock to all yet blessed be God not a terrour to my self Sir I am as Jeremiah was born a man of strife and contention not actively I strive and contend with none but passively many strive and contend with me yet I trust God will make me as he did Jeremiah an iron pillar and brazen wall against those that do oppose me that I shall not be dismayed at ther faces lest I be confounded before them Strong suggestions against me are generally received and great opposition strongly maintained and in this condition no man dares stand by me but God stands by me and strengthens me Here he was interupted again L. Pres Sir come to the businesse in hand M. Love I beseech you Sir spare me you gave Mr. Lilburne more time Att. Gen. Ly Lord when he shall come with such speeches that are nothing to the businesse in hand My Lord he instances in Lilburns case you know that debate it was in relation to a Narration M. Love Sir it was the Narration of his doings and sufferings that he might not be misrepresented to the Court. Att. Gen. You know you are a Minister and if it be your purpose to spin out time to think to ingratiate your self to the people it will not do My Lord this is a Court of Justice that proceeds according to the established Laws and Laws that have been read to him Mr. Love is a Minister and had he applied himself to God as he might have done he need not have been brought hither if he had not gone that way he did But my Lord I desire he may go on to the Charge and give his answer to it My Lord before we have done we shall have many occasions of discourse between him and I. M. Love I beseech your Lordship allow me that favour that you allow to every one you try that I may not stand under misrepresentations to you who are my Judges L. Pres Are not we of as much credit as you and are not we judged Ministers as well as you and more then you and I tell you that which you require we have already done and wish you as much happinesse as to our brother and for you to spend time about that which is nothing to the businesse it must not be suffered Att. Gen. My Lord let the constant known laws of the Common-wealth of England be observed as well as other laws of which that is one that he ought not to speak any thing till he hath pleaded guilty or not guilty My Lord I desire to take my course I do not make speeches against him to misrepresent him to you otherwise then he stands charged and my Lord I would not have him to cleer himself till he come to the triall whether he be not accused justly It is not my nature but the duty of my place and the duty of his place as a prisoner is to plead and to put himself upon triall that being done there will be occasion enough for him to plead his own innocency My Lord to take up two hours time in talking of that which is not materiall should not be M. Love I insist upon that liberty that Mr. Lilburne had L. Pres He did plead first M. Love No my Lord he did not plead first and I have much to move before I plead L. Pres You can say nothing till you plead M. Love My Lord I desire not much time Att. Gen. My Lord let the time now insisted on be what time it will Mr. Love will have time to speak for himself and it is so far from being to the point that it is trifling and this rather makes him seem guilty then it gives him any acquittance M. Love Prove me guilty first Sir Sir do not prejudge me Then command was given to reade his Arraignment The Clerk Christopher Love you stand charged on the behalf of the Keepers of the Liberties of England by Authority of Parliament of high Treason and other high Crimes and Offences against the Parliament and People of England this high Court therefore requires you to give a positive and direct answer whether you are guilty or not guilty of the Crimes and Treasons laid to your charge M. Love I refuse not to plead but I beseech you give me leave to speak before I answer Mr. Love having a paper in his hand the Judge said L. Pres How many leaves is it M. Love But two or three and if this Court be more strict and severe to me then that was to Mr. Lilburne I cannot help it What I shall say shall be something in generall and I beseech you give me leave to speak to it Att. Gen. Sir not before you plead M. Love Yet I have this liberty that when matter of law ariseth in the Indictment to make a motion and to move for counsel and to shew the illegality of it and though I confesse I am extreamly ignorant of the Law yet I understand that after I have pleaded I am not capable of counsell L. Pres You are mistaken Master Love M. Love I suppose I am not mistaken For in the third part of Judge Cooks Institutes I finde it thus The prisoner when he pleads not guilty whereby he denies the fact after the plea of not guilty can have no counsell but if he have any matter of Law to plead before he may urge it L. Pres He pleads he is ignorant of the Law and yet can make use of it M. Love I am to plead for my life and I am to use Scripture Law and any other lawfull means to save my life Paul did plead the Roman Law L. Pres Some of us know as much of Paul and Scripture as you do M. Love Sir I make no comparisons Then Mr. Love reads out of Judge Cooks Institutes The safest way for the party indicted is to plead upon his arraignment the speciall matter for the overthrow of the Indictment And this must be done before I plead and to require counsell for the pleading thereof which ought to be granted and to require a copy of so much of the Indictment which is necessary for framing his plea which ought to be granted and these laws ought to be construed favourably for that the Indictment is commonly found in the absence of the party L. Pres But your Indictment is in youâ— presence You are out of your way M. Love Sir you bring me out of my way L. Pres Your Indictment is not yet found there is nothing done behinde your back onely the reading of this but that is nothing but a written parchment till you plead unto it M. Love I have something to except
is now the Sessions at Newgate and there may be many prisoners and if every prisoner should take the liberty to plead matter of law and say I am no Lawyer let me have counsel assigned me and I will answer when should we have any man answer when would men be executed for robbing and stealing and killing M Love That court is different from this you here are Judges both of law and fact there the Judges judge of law and the Jury of matter of fact But Sir satisfie me in this if there be any thing in law before pleading to overthrow the indictment as I perceive by Judge Cook there is and to which I have received no satisfactory answer let me have that legal benefit to overthrow the charge I have said what I can but if I had counsel here they could say a hundred times more L. Pres You have heard no body but your self for whatsoever hath been told you by the court and your friends about you hath not been hearkened unto We have spent thus much time and people are weak and if you will plead do Reade his charge once again and I tell you the next is judgement The Clerk Christopher Love you stand charged on the behalf of the Keepers of the Liberties of England by Authority of Parliament of high Treason and of other high crimes and offences against the Parliament and People of England this high Court therefore requires you to give a positive and direct Answer whether you are guilty or not guilty of the Crimes and Treasons laid to your charge M. Love I am not satisfied but that matter of law doth arise from this charge and I do earnestly presse I may have counsel and then I will plead Att. Gen. I do as earnestly presse that you would as positively say that you cannot allow him counsel till he hath pleaded M. Love I now see Mr. Attorneys words to be true When he came to me to the Tower and examined me the 16 of this month he said That seeing I would not acknowledge as he called them my treasons I was judged peremptory and obstinate and I remember he said these words to me Mr. Love Though you are too hard for me in the Pulpit yet I will be too hard for you at the Bar and truly now I finde it so and it is an easie matter for a Lawyer armed with Law and Power to be too hard for a poor naked Scholar that hath neither Law nor Power L. Pres Doth this do any good to you if it were so that you are too hard for him for you are too hard for every man in the pulpit yet you sometimes are so out and in that you are controulable If Master Attorney be too hard for you here let him be too hard for you but it is the Court that are to deale with you here we will not do it because of his saying but you must think that the court will be led by their evidence and not by Mr. Attorney M. Love You gave this favour to Master Lilburne and I do not deny to plead but I am not prodigal of my bloud therefore I crave counsel L. Pres I do not know what to say more to give you satisfaction then what I have said you say you do not deny to plead and yet you do not plead you say Mr. Attorney is too strong for you but you know it is not he but the evidence may be too strong for you And do not you think that you have such Judges as will let you receive any prejudice Mr. Love you are a Minister I pray shew forth the spirit of a Minister of Jesus Christ carry your self so as that you may not either wrong your self or the court I would have you behave your self without recriminating You speak of Mr. Attorney as if he could be too hard for you as if we were all of his side be it right or wrong Know that we are men of conscience and have souls to save as well as you Mr. Love The charge is long and I never heard of it before nor knew of it before One of the Court. We give you our faith and credit that if any matter of law ariseth we will not make our selves guilty of your blood but we will allow you counsel your self hath read a book in the court that shews the court cannot allow you counsel till you plead L. Pres Did you ever consult with the Lieut. of the Tower what will you cast away your self Col. West Lieut. of the Tower I could My Lord advise him no more then what I knew and that was the time of your sitting M. Love I hope you will not in a hurry spill my blood Lieut. of the Tower Since Saturday was seven night he was not restrained L. Pres Your Profession goes much in profession but when it is abused it is the highest transgression you would evade things with mental reservations and say and unsay at the Bar as high as any Jesuite can do M. Love I will not lye for my life you may say what you please and do what you please I speak before God and this Audience L. Pres Mr. Love know that we are here in as sacred a posture as you are in the highest place of your calling and if we do not know that God is here present we are the miserablest creatures in the world and therefore if your office and ours do not make us know that we are in the presence of God and Jesus Christ it will be but ill for us and yet you hurry out that it should be such a terrible thing in you more then in us You have spoken many words as a shadow in the aire there is nothing materiall in them but the strength of your will against the judgement of the court M. Love If I do plead to the charge I do allow the matter and form of the charge to be legal I desire to have counsel to come to my chamber I do not say to come to this place but to have liberty for them to come to my chamber Mr. Steele Recorder of London I did not think to have spoken nor have I usually spoken in this court yet I will speak a word out of tendernesse to your self You have very often insisted upon it that you should have counsel assigned before you plead that is it you plead for truly the course of law is this That if the prisoner charged at the bar before he plead shall demand counsel he must of necessity put in some special plea before the time he can demand counsel The court doth not inforce you to plead guilty or not guilty to all the matter of fact but they say of necessity you must plead If you put in a special plea and tell them that it is a special plea and desire counsel upon it they will consider it but till you can declare what that special plea is for there is a general plea and a special plea the
general plea is not guilty the special plea is in some particulars Now for you to alleadge neither the special plea nor the general plea it is impossible that counsel can be assigned you And whereas you say you are concluded if you plead and cannot object against the indictment afterwards no Sir I tell you in the name of a Christian and one that knows a little of the law that all the objections you have against the indictment the formality of it and those things you speak of as that of your fact not being committed in such a time that the Act holds out that the high court hath no relation to try you for Scotland all these will be saved to you if they arise upon matter of fact from the evidence True if you make an objection against the jurisdiction of the court that hath no relation either to the special plea or general plea it cannot be It is impossible an objection should be received against the essence of the court there is none can possibly over-rule that for you but themselves it is such a thing that no counsel can be assigned you as to that because it strikes at the very being of the court Now therefore I beseech you in the name of a christian that you will not do your self that prejudice for nature teacheth every man to preserve himself by all just wayes and means and I do believe that in this businesse you have apprehended it for your preservation and that you are loth to do any thing that tends to your destruction but you may satisfie your conscience in that you have done what you can And when you have pleaded and used all the arguments you can and have heard the judgement of the court in it you may satisfie your conscience that in the words of honest men unlesse it be the jurisdiction of the court though you have tacitely spoken there you shall have that right and priviledge which the law allows you I confessâ— I never spake here before and it is a rule amongst us that none but the President should speak and we have done more to you then to the greatest person that ever spake here because we think some necessity lies upon us towards you in regard of your calling and the worth that hath appeared in you to direct you what you have to do M. Love Sir a man may demur touching the jurisdiction of any court if he can shew any thing in the indictment that the court cannot take cognizance of which he is charged with though he do not demur simply as to their jurisdiction in general yet as to that particular he may demur as a man may demur in Chancery when a cause is onely triable at the common law L. Pres You must know that he that speaks against the jurisdiction of the court speaks against the jurisdiction of the Parliament of England Mr. Steel Recorder of London Mr. Love to help your understanding I did not say that Mr. Love did expresly speak against the power of the Court as if they had no power to try him but this he seemed to say That what he hath offered against the jurisdiction of the Court in any thing he is questioned for if he have not counsell for it before he cannot have it afterwards Now if the question you offer be a mixt doubt for your objection is mixt for you say the Court hath no power to try the facts whereof you are indicted now is it possible the Court can judge of that or know there is matter of law ariseth out of it till the fact appear out of the mouths of the witnesses it may be the fact will not be proved then there wil be no matter of law arising if the fact be proved that it was done at such a time before the act was made when that appears to them the Court then will strike it off you shall not need counsell then we shall not regard it if upon the fact any other doubt ariseth in relation to Scotland for it must be from two witnesses your doubting being mixed with matter of fact we shal then be able to judge of it Mr. Love Sir if any crime be laid to my charge that ought not to be laid and that this Court can take no cognizance of I should have counsell in it L. Pres We have spoken more to you then became us perchance and that from tendernesse to you and if nothing can give you satisfaction but over and over with the same things again we can but speak our consciences and leave it to your self Mr. Love I do declare I do submit to the tryall and am willing to do it but it behoves me to use all just means for the preservation of my life if you will give me but a dayes time to consult with counsell L. Pres That is in your learning sufficient to say you will do it and yet do not do it because I say I will submit therefore I do submit this is no obedience at all I know no such Logick as this it is submitting that must do it you will submit but you will not act pray M. Love be so charitable as to take us to be Christians Mr. Love What prejudice Sir can it be to this Court being I have not spoken with any Lawyer to give me but a days time I will desire no more Att. Gen. I would faine know why may not the next prisoner say you have done so in Mr. Love's case Mr. Love You have accepted of speciall pleas you did it in the case of Sir John Stowel and if I through my ignorance in law cannot urge the strength of law and a speciall plea as otherwise I might do I beseech you let me not be prejudiced by it L. Pres Sir John Stowel insisted upon speciall matter he had to plead and that was the Articles of Exeter but he did first plead to the charge Not guilty yet we gave him that benefit and he had that which did last a great debate of this Court and so did Hambleton and divers others we will do no otherwise with you then with them Mr. Love If you now deny me my speciall plea I cannot help it which is this that the writing or sending letters if it could be proved against me into Scotland doth not come within your act and that it is only for England and Ireland that are mentioned therein L. Pres If there be a speciall plea wherein there is no difficulty then we give no counsell but a speciall plea must have something that is dubious in the judgement of the Court but for this that in the letter of the law every School boy understands the Judge will not allow you counsell in a triviall matter we have gone over and over with you againe and this is like other discourses with you but certainly never was the like seen that a Court was so trifled with M. Love This is my humble motion allow me but counsell to
and thereupon they did break up I cannot tell whether it was sent or no for they were affraid he would betray the businesse After that I was told by Major Alford that Bains told them he was very sorry he should meddle in that businesse and that they would never prosper that had any thing to do with him for that the sins of him and his Father were so great whereupon they were very wary and affraid he would discover the businesse And he I think knew no further After this I did understand this letter was sent to the Prince and I was told so by M. Alford that it was sent in the name of the secluded members and Ministers and Citizens and souldery and Noblemen I remember it fetch'd a great compasse wherupon when the Prince saw this letter and had it from my Lord Piercy he stormed at it said Who are these Noblemen and the rest What can they do for me can they raise me ten thousand men Wherupon there was nothing done but Titus retired himself to his mothers house there lived about three quarters of a year and came to town after did solicite his own business A little after this I heard upon the businesse of the Scots that there was another letter sent that did begin the thing again and now the Prince had considered of the thing and sent over the letter and I heard that it was to the Ministers of London I did not see the letter but Alford and Drake told me it was so After this Titus was sent away and that with a sum of mony as I heard who lent the mony J cannot tell and what sum J know not but presently after this J coming to town out of the West in March 1649. in the beginning of March the day of my coming to London after J had been here one or two days at most J met with Hollis his man in Fleet-street I do not know his name he met me and I asked him what news he told me he wondred that I was a stranger and I asked him what news saith he if you come to M. Love's house you shall hear newes what is your businesse there said I he said it was to pray together and to hear the newes I went about nine of the clock and prayer was over and the news a great part was over but after I did come there that I did hear was this William Drake pulled a paper out of his pocket that I understood he had put into his pocket or withdrawn because of a stranger and afterwards he took it out again The substance of the paper was to this puâ—pose as I remember it was in characters and pulled out of his pocket and by him read In the name of the Commissioners commissionating the Lord Willoughby of Parham Major Generall Massey Colonel Graves Captain Titus and Alderman Bunce in order to the Treaty in the behalfe of the well affected party in England and these to joyne with the Scotch Commissioners according to such instructions that should be therewith inclosed And some body asked him what power have we to give such a commission it was answered again by Wiliam Drake that we have the Kings command for it and wee have likewise the authority of some prudent Parliament man whom wee look upon saith he beyond the power of them that now sit whereupon M. Love replies Come come let it go and after that I knew nothing Att. Gen. Repeat that again Huntington When the question was asked what power have we to send or give commission saith Drake we have the command of the King to do it besides we have the authority of secluded Members whereupon Mr. Love replied Come come let it go Mr. Love Pray ask him this one question Were there no speeches between William Drakes words and those words he pretends were mine Huntington J remember none Huntington withdraws L. Colonel Bains is called into the Court and is sworn L. Pres Speak what you know of this businesse Bains My Lord Concerning any thing that came from Scotland I never knew any thing nor did I ever hear any thing for Dowgate J was at two meetings at Dowgate At the first meeting there was a person that J did not know which at the second meeting J was told was Captain Titus and he at that meeting where there was nine or ten or more or thereabouts he did propose some thing to be done in order to the restoring or preserving the Presbyterian Jnterest by way of application to the King as he called him and did advise it to be by way of petition and that he conceived to be the onely way to preserve the Presbyterian Jnterest in England and that way would be the way to assure him he had a considerable party in England and he did use many arguments as a duty lying upon us by our Covenant to apply our selves to him and he offered to draw up a draught of a petition against the next meeting to that purpose and he said it was necessary some thing should be done by some Parliament men and some Ministers and some Citizens that were leading men men that thereby he might be assured that he had a party and that considerable At the next meeting which was suddenly after he did produce a paper which as J remember was in short hand a petition which was to the purpose J have hinted There were severall debates whether it should be signed or not signed and my selfe and two more before disliked it and before he read the paper he began to commend the good nature of the King what good affections he had and likewise did say there was a necessity something should be done to the Queen and Jermine and Piercy who he said were our friends that they should stir him up to comply with the Scotch Commissioners and upon this there was my selfe and two more there present I hope it sate upon them as upon my selfe disliked the businesse and from that time for my own part I never heard any thing the heads of the Petition I cannot suddenly remember This paper carries the sum and substance of the businesse The Clerk shewes him a paper which he had formerly given in Bains This paper if it be not interlined since it was of my own dictating and writ with my own hands he looks upon the paper I see no alteration made at all L. Pres And this you deliver upon oath Bains Yes upon my oath to the best of my remembrance And as to the Prisoner I can say nothing Bains withdraws Major Adams is called into the Court and sworn L. Pres Declare your knowledge in this businesse M. Adams Touching Alderman Bunce and Mason I know something by relation touching the correspondency with them L. Pres Tell the manner of it M. Adams I conceive it was carried on by Mr. Drake that is now absent and in Scotland by one Baily Att. Gen. VVhat do you know of Mason and of
Lord There is another witnesse and that is lieut Colonel Bains who I think was present only at this meeting and had enough of it and did leave it and yet was present at this and gave in evidence of what was there proposed I think he was present at no other meeting he was satisfied this was too much his Testimony as I take it was this for I shall read it that I may do no wrong to no party Bains said It was also proposed by Titus that something should be done in order to restoring the Presbyterian Interest by Application to the Prince and to assure him that he had a considerable party in England which look'd upon it as a duty and lying upon all of them by the Covenant And that it was necessary some what should be done by some Parliament men Ministers and Citizens that were leading active men that he might have an assurance that somewhat would be done for him and somewhat to the Queen Jermin and Piercy whom he said were their friends This my Lord was that which Titus said at this meeting and testifyed by Bains My Lord There is another Colonell Barton who was produced as an Evidence My Lord I think that he spoke not much more then to this and gave off here My Lord his Testimony was this for I do conceive under favour we have taken the very precise words spoken by them And my Lord so as spoken and taken so written and so my Lord read to you Barton my Lord said That Drake would have him to be a Messenger and to that purpose there were severall meetings at the Swan and White-Hart This was what Barton testified My Lord Then there was Major Huntington which was at this meeting and one more at Mr. Loves house which he full well remembers My Lord Huntington sayes this That about March 1648. in January was the Law published Alford told him that Titus was in town and that he was newly come from beyond the Seas from their friends Massy Bunce Graves and others and that Titus was to meet the next day at Dow-gate where he fell into high praises of the Prince and told them that though he was taking unhandsome courses yet they had great hopes his inclinations were otherwise Titus said further he feared his inclining to the Irish unlesse something should be gotten from his friends here to divert him that you remember was Mr. Loves charity too as you will hear anon Titus purposed to get letters from persons of honour to perswade him to a good opinion of the Scots to take the Covenant and to joyn with them Afterward they met at the White Hart in Bread-street where Titus declared that he should gain these letters and hoped to set something a foot to the same effect and there said they were confident they could see no way under Heaven for him else but by taking the Covenant and engaging the Scots against England to which purpose he drew forth a Paper purporting that they were bound in honesty conscience and loyalty to maintain and help him to his just Rights if he would go along and joyn with the Covenanting party in England and Scotland My Lord This is that now that hath past in proof by evidence concerning this first meeting at the Swan at Dowgate which I do humbly conceive was the rise and foundation of what followes afterward And this my Lord if true I suppose no man will say but that was Treason that was transacted there I do not say my Lord that Mr. Love was present at it nor as yet can I say knowing of it but what followes after my lord will bring him in danger My Lord Here you have heard was this meeting and what was propounded to be done here and how active Titus was and that he was to go you have heard by the Testimony to Piercy and it is not doubted by any but he did go thither it is not doubted by any but he was sent and did go thither To that purpose I shall now read you two witnesses more which I have caused to be transcribed too in the words as spoken by them as I do conceive that is Adams and Far That there was money agreed upon to send Titus to Piercy that there was money collected and that they themselves did contribute Adams he expresseth it thus That upon a meeting the place and time I remember not where I think were present Drake Titus Alford and my selfe and I cannot tell how many more It was agreed that Titus should go to Piercy the end of his going was to promote an agreement between the King and the Scots according to the Covenant and my Lord you shall hear in due time what that Covenant is that M. Love hath said in his late Defence In order to his going we did agree to furnish him with money for the present and made some kinde of promise to keep him while he was out about an hundred pound was furnish'd for my part I paid twenty pounds of it This is Adams The next is Farr He sayes He did understand by Drake that Titus who was here requested as one to be present at the Treaty at Jersey which Titus did undertake to go thither he undertook to go himself that after he was gone Drake desired Farr to let him have ten pound saying Titus was in want and upon this I lent him ten pounds the Letter was read at M. Loves house when he came from Calice So my Lord here is now under favour his proof before you of this meeting at Dowgate at the Swan there finish'd in Bredstreet carried over unto Jersey Titus the Messenger furnish'd with money by a party from hence in this Arrant as we told you My Lord all this while I do not hear of M. Love if he were My Lord he was like the Mole under ground but however my Lord Mr. Love hath carried himself as some have said like a Rat among joynt-stools a man can see him but cannot hit him But my Lord I doubt he will appear to be too busie in what followes and that he had a hand in it at first My Lord the next to go on with is this in time that when Titus finish'd his work at Jersey he was then to give an account to his Masters that imployed him and upon his return he was to doe it faithfully as he thought But being informed that the State had vigilant eyes and they discovered him what he had been doing there and he having notice from some of his stedfast friends here of it he thought it was not safe for him to come in person so that his guilty conscience kept him off But then he did desire that he might give an account by the hand of some others by their memories and for that purpose wrote a letter to whom I cannot tell I think to Drake The letter was written and under favour my Lord this letter from Titus was read in M. Loves house to have
of a Commission Commissionating my lord Willoughby of Parham Graves Titus Massey and Bunce to treat in the behalf of the well-affected party of England and to joyn with the Scots Commissioners according to such Instructions as should be therein inclosed And this question being asked What power have wee to give or send such a Commission Drake answered Wee have the Kings Command for it and the authority of some secluded Parliament men for J look upon them beyond the Power that is now sitting Whereupon Mr. Love replyed Come come let it go You have heard Huntingtons testimony and Mr. Loves paraphrase upon those words The next is Adams At the same time a Commission and instructions were spoken of at Mr. Loves house to be drawn up and sent As J remember Mr. Gibbons brought the rough draught J am very confident that Master Love was there some part of this time and it was in his Studie where this was generally consented unto The Jnstructions were there agreed also and read by Drake as J remember Sterks the Scotish Agent met with us sometimes at Master Loves house This is what was testified by Adams There is another to this and that is Captain Far William Drake read there a paper of the nature of Commission which was not agreed to by the Company because private persons had no authority to give Commission The Commission was in the name of the Presbyterian party A letter and instructions was then agreed upon The Commissioners were to be the Lord Willoughby of Parham Bunce Massey and Titus who was to move in the behalf of the Presbyterians Papers then were read to have been sent to the Queen to perswade the King to give satisfaction to the Scots But they were not assented to My lord I have done with this that concerns this meeting and now I shall apply that which I intended and spoke of before The Design you heard that my lord was at the Swan at Dowgate was treasonable enough in conscience high enough a partie imployed to agitate And though wee do not finde Mr. Love to have been knowing or privie to it at first yet my lord if there be a Treason hatch'd and designed a partie sent in it and any subsequent act of any other party that shall come into this and approve of it and joyn in it in what way soever This man my lord is guilty of the first transaction of Treason So that though Master Love did so walk under ground that wee cannot bring him in to be knowing at first yet I bring him approving at last And my lord though here be his first appearing it is enough and too timely And my lord Titus departing and an account given of all and for ought appears not to be proved by mee nor by any for the Commonwealth whether Master Love did approve or not or how far hee went in it But hee was present and at the debates and discoursings about it and actings in it My lord this is far from misprision of Treason for misprision of Treason is a bare silent act that carryes nothing of discourse nor debate with it it is a simple act of omission But when Treasons are hatch'd and are design'd and others shall come and treat and debate and discourse upon carrying them on my lord by the subsequent act hee hath approved of all that pass'd before and made himself partie to it Here is an account given by Titus of what had pass'd there this is brought into Master Loves house there are debates concerning a Commission whether they took the KING for the Authoritie or the King wrote of it it doth not much move mee A copie of a letter from the King was read there let them take it among themselves as they please Here was a Commission debated and Master Love acknowledgeth hee debated against it My lord under favour if hee had declared an utter dislike and as hee himselfe sayes a detestation and abomination against it But hee goes on though not in that particular yet in another and hee is guilty of all In Treason there are no Accessaries all present are Principles The crime of Treason is beyond the crying blood of murther one is but private the other is publike so as my lord though Mr. Love acknowledgeth that he so far owned the Narrative from Titus and the proceedings there the reading of it but did dissent from the commission and did speak against it and at present I shall take it so too yet for the instructions sent and for the commission named you have had four witnesses named to you my lord dissent will not serve his turne and yet to that there is not a pretence of a dissent from the instructions and what was sent and that is a consent and concurrence and that is an approbation of all precedent actions and makes himself a party in it and that is by one witnesse and my lord you have heard by Master Serjeant Witherigton that to every circumstance there needs not two witnesses but to the designe there must be two and Adams himselfe sayes it was propounded to have given Titus money as you shall hear by and by and Far tels you that there was going on so farre in it that a paper was read for letters to be sent to the Queen to move her to perswade the King but that was not assented to but it was moved among them My Lord The next thing I shall take as near as I can was when this was done and this transaction past over and the instructions sent that were agreed upon for Commissioners at Bredah then begins the troubles in Ireland You have heard of a Paper Book sent written in sack and returned a year after that comes next There was sent over from Colonel Bamfield Mr. Love says he knew not the face of the man but he lik'd his imployment it seems that would be privie to such proceedings from a man he knew not There came a servant over I take it from Bamfield and that was about Christmas last that is the time exprest after Dunbar fight My Lord This was brought the letter was delivered to Potter and their Superscription was singly with the letter L. which I may say may be better applyed to Master Love then to any other all circumstances considered yet I shall not conclude from it but though he sayes he had no letters directed to him I shall say as truly that they were directed to him as much as to any man else and a little more for Master Love was very unfortunate that these letters should be brought to him read in his house the transactions there and Mr. Love to have no hand in it this is hardly to be beleeved My lord in the next place are these letters that came from Bamfield if it please you for that I shall read Potter I received letters out of Scotland from Bamfield with the letter L upon it wherein was a large Narrative of the affairs of Scotland
from Dunbar fight to the time of the date of them which I think was about Christmas I carried those letters to Master Loves where was one or two more with us Jaquel and I think Doctor Drake we three I am sure of it There were letters from a namelesse person whom we supposed to be Master Baily and a letter from my Lords of Argile Louthain and Lowden These letters wrote for ten thousand pounds for buying of Arms and hiring of shipping and for five thousand men to be landed in England These letters were dislik'd and dissented from and it was agreed to give a negative Answer And we thought fit for our own safety to raise some money for the Messenger and Bamfield the sumâ—n agreed on was forty pounds to which I contributed ten pounds I carried the letter to Mr Loves to take advice upon it Mr. Love and I and Jaquel read those letters that were opened and those that were not opened we did open and read and discourse on them and upon advice resolved to do nothing in it Neither did they reveal it And then being demanded whether at Mr. Loves house there was not a discourse for raising 4 or 500 l. he answered There was Being demanded whether letters were not returned to Bamfield with the money sent him He answered A letter was left at my shop and I apprehended it came from Master Love or Mr. Drake and Jaquel being demanded whether Mr. Drake and Mr. Love were not appointed to draw up the letter he answered Yes they were and that is Potters testimony The next mention is that Jaquel was present there he is sure of it Master Love himself and Jaquel This is Jaquels testimony At a Meeting at Mr. Loves house Master Love being present It was thought fit that forty pounds should be raised for Bamfield A letter was read from Bamfield at Master Loves house Mr. Love being present Mr. Love declared he never saw or knew Bamfield The letter was for five thousand pounds to hire shipping And another letter from my lords of Argile Louthain and others at the same time and place was read to induce the Confederates to give credit to Bamfield Potter moved that ten pounds might be given to the Messenger that brought the letter and thirty pounds to Bamfield which was considered of and nothing said against it There was no agreement but it was thought convenient by all then present Upon this Mr. Love ask'd Mr Jaquel a question and he said I cannot say that Mr. Love said It was convenient but it was not dissented from or spoken against by any My lord I suppose this is a faithfull relation of what the witnesses said My lord you have heard of this and the time when it was That Bamfields servant was sent and letters brought from Scotland giving an account of proceedings there letters from Argile Louthain Lowden and Belcarâ—is to give credit to what Bamfield should relate money provided though not the sum nor the means those letters did hint to them perchance their purses could not reach that but so far as they could goe they would they would reward him that brought it and him that sent it and thereupon 40. l. was provided ten pounds for the messenger and thirty pounds for Bamfield In this repetition I think I have not wronged Mr Love The next is the letter that came from Massey and Titus who were then in Scotland and in what condition I think every man knowes in what condition they are there though by the way I should be sorry to repeat that which Mr. Love did say the first day That it did not appear to him that the Scots were in arms against the Parliament of England but in arms for their own preservation and therefore did desire Councell here was one of his reasons why he desired councell to be informed To advise him whether they were in arms for their own preservation or in opposition to the Parliament of England This was that Mr. Love was pleased to say the first day My Lord this of Massey and Titus gives them an account likewise of the affairs in Scotland after Dunbar fight too If you pleasâ— my lord I will read you three witnesses to that and that neither doth Mr. Love deny but that these letters were read at his house This is Major John Alfords After Dunbar fight we met at Mr. Loves house in his lower room where a letter from Massey was read which gave an account of the fight there wherein he also wrote for Arms mentioning his own and Titus necessities Thereupon a proposition was made for raising of monies for the supplying of their necessities and five hundred pounds being propounded it was brought down to two or three hundred pounds to be raised among our selves Mr. Love did then move for contribution of money to that purpose and I thereupon promised ten pounds which my man paid This my lord is the testimony which Alford gives as to this concerning Massey The next is Adams When the money was propounded to be raised for Massey and Titus certainly Mr. Love was then present and this after the Fight at Dunbar And the money was agreed to be raised by those that were privy to the correspondency Mr. Love had then a paper in his hand and did write some thing I saw not what he did write and so every man that was there did write what he would lend I conceive Mr Love summed up every mans sum Masseys letter was for Armes and the money propounded was for Titus and Massey For Titus because he was sent by us and Mr. Love was there This my Lord is Adams his Testimony and though he did not know what Mr. Love writ yet he knâ—w what Mr. Love moved My Lord Here is another and that is Captain Farr which I shall make bold to read to the Court likewise concerning the same action After Dunbar fight I came somewhat late to a Meeting at Mr. Loves house where Mr. Love told me a letter was come from Massy to assist the King with Money and Armes but it was not agreed that any Money or Armes could be sent And I understood from Mr. Love they could not do it Mr. Love then likewise told me they agreed to raise a sum of money for Titus Massy and Graves and to be sent to relieve them in their necessity which sum whether it was 250l. or 300l. I cannot positively say but Mr. Love moved me to contribute I told him I would give him five pound which I brought wrapt up in a paper and laid it down on Mr. Love 's Table Mr. Love and severall others being in the room it was so done that there might be no discovery And Mr. Love asking him some Questions upon this whether it it was done so by Mr. Love or no he did not know that but it was done so by himselfe that there might be no Discovery My Lord Mr. Love did not disagree Far being crosse examined by Mr. Love
did not say that Mr. Love did disagree to the sending the money to Massy and Titus So I have done with that particular likewise the receiving letters from Massy and of the account from Scotland and the fight there That which Adams saith Mr. Love having replyed unto it concerning a letter writ to the Generall Assembly and Kirk of Scotland and in that my Lord he is pretty positive Adams Testimony is There was a letter written to the Generall Assembly and Kirk of Scotland at Mr. Loves house Mr. Love was sometimes present at this meeting which letter was taken to be penn'd by M. Love and Mr. Drake and I thought it to be so because of the language of it and that after Drake escaped all the meetings I know of were at his house and so my Lord say some others Being examined he sayes I saw letters which were read in Mr. Loves house Mr. Love was present and privy to the debating of them and did not declare any dissent My Lord I have now done with these particulars you have seen Mr. Love at the end though you found him not at the beginning it is not good to come at the ending of the Quarrell But my Lord under favour by the lawes and rules of Justice if any ill thing be contrived and plotted and afterwards any other person shall come into the contrivance of it and carry it on My Lod I think I shall not need to say much in it but he is culpaple and guilty of the whole from the first to the last And that Mr. Love should be but a meer Spectatour a meer concealing person it is very hard to be beleeved by any that are rationall men for after that once Titus hath done his errand at Jersey and gives his account here my Lord that his transactions and the subsequent imployment all that we know of are all transacted and carryed on in Mr. Loves house in Mr. Loves Study in Mr. Loves presence It was not one or two or three times which had been enough and very well had it been for Mr. Love if he had done as Bayns did or as Barton did they when they heard though that were too much for them My Lord to conceal as they have done yet did confesse it when required they left off when they heard of it they would go no further in it they knew the danger of it Mr. Love my lord as you will hear anon by what himself hath proposed what judgment and conscience led him to carry on this it was a conscience of his own Covenanting interest and principles for the Scots and Religion that led him on to carry on this Design My lord I have done with this that is the evidence against him for Application to it you have heard the severall lawes read before the charge opened that man is guilty of High treason and is a Traitour by the lawes of the land now that doth any way promote declare or publish Charls Steâ—art to be King of England My lord you have heard the evidence what Titus hath plotted what Drake hath carryed on what Mr. Love hath approved of and how far he hath consented and joyned in the design My lord I shall say it again if Titus and Drake be traitours as their own guilty consciences have made themselves judge themselves so he that flies confesseth the fact My lord they are fled My lord if they be traitours Mr. Love must be the same with them for Mr. Love was carrying on and hath agreed and concurred and approved of carrying on the Design that Titus and Drake have acted Consenters and Agents are to have the same punishments in Treason there aâ—â— no accessaries My Lord the next point is this the next Act is that of the 17. of Janury 1649 Having given you the evidence you will give me leave now shortly to repeat the Law The first is for promoting Charls Stewart c. That if any person shall maliciously and advisedly plot contrive and endeavour to stir up or raise forces against this present Parliament and for the subversion of the same and shall declare it by any open deed c. My Lord Mr. Love is pleased to expresse himself that none can accuse him nor none have sworn against him that he hath raised any Seditions any Insurrection any Rebellions my Lord I cannot say it fully whether he be guilty of that or no but this I will say the judgement I shall leave to the Court upon the evidence heard if Mr. Love be guilty of any thing moving or tending towards the raising of Forces Seditions or Rebellions though the thing be not done yet my Lord it is Treason those practices those purposes are Treason by the law though they never come to act we shall not look I hope to see a Rebellion raised before we shall say it is Treason and endeavour against it but for that how far he is guilty upon the evidence of being instrumental of the war in Scotland and to have endeavoured to have a party got in England my Lord I shall leave it to your judgment upon the evidence you have heard My Lord There is likewise another in the same law If any person procure invite agree aid or assist any Forraigner or Stranger to invade England or Ireland or adhere to any Forces raised by the Enemies of the Parliament or Common-wealth or Keepers of the Liberties of England this is High Treason for this you have heard the evidence what Mr. Love hath done towards this still upon the same foot of account it is Treason though but proposed and intended though not acted then there is another clause upon the law that Mr. Love hath insisted upon of constituting this Court But for those former I have said and you shall give me leave to repeat it again that these lawes offended against though in time before this Court was constituted yet this Court hath in expresse words commission and Authority given them by the Parliament to take cognizance of all Facts and offences done after that Law though done before your Commission and that my Lord is not to be doubted to be a very good and legall Authority And yet for this the law that constitutes this Court of the 26 of March 1650. That no person after the 29 of March 1650 shall give or hold any Intelligence by letters messages or otherwise with Charls Stewart James Stewart or the late Queen their mother or the Councell abiding with any of them prejudiciall to the Commonwealth or with any that shall be in Armes against the Parliament of England or shall bring or send into England Ireland or any Dominions of this Commonwealth letters messages or instructions tending to raise insurrections or a new war within this Nation and shall not forthwith reveal the same to the Speaker of the Parliament or to the Councell of State or two Members thereof or to two Justices of Peace shall be guilty of c. that is a clause
that they may be relatives one to another and so are these Att. Gen. The next Mr. Hales M. Hales The next is the 4 Charge and that is concerning holding correspondence by letters messages with Charls Stewart and the late Queen his mother we say that this part of the Charge is ill laid also it is laid in nature of a felony by the Act and laid to be done traiterously in the Charge and that is a substantial not a meer formality but a substantial mistake for if so be a woman be indited of petty treason because it is proditoria yet in truth it amounts but to felony now in case where she is an accessary to a felony the inditement is naught if a man be accused that he did traiterously such an action which in it self amounts but to a felony that charge is naught and so it is here it is mislaid for by the act of the 26 of March 1650 the matters therein charged are not made treason at most but capital but we think it only prohibited and then we say it is an uncertain charge and so it is under favour for though the act saith No man shal hold correspondence by letters messages or otherwise yet when we come to inform upon it or to indite upon it it is not enough to say He held correspondence by letters messages or otherwise but if you will ground your deed upon that Act you must shew what that otherwise is and that is the exception to that part of the Charge The Clerk And further to carry on the said traiterous and wicked practice and designe he the said Christopher Love divers dayes and times between the the 29 of March 1650. and the first 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 otherwise Mr. Hales Or otherwise was our notes then that is out of doors but our Exception is that it is alledged to be done Traiterously L. Pres And the Statute saith it shall be Treason M. Hales No it saith not so the Act layes it only in nature of a Felony and in the Charge it is laid to be done Traiterously and so the Charge is mislaid At. Gen. I confesse it is expresse so in the 26. of March 1650. and it is not said what the offence is but I conceive in the first place that by the law of England be that holds correspondence with a Traitor will go very near it my Lord and theâ— I humbly conceive that still he going upon the first Act it is laid to be with Charles Stewart and thâ— Queen and Councell with him I think it is a promoting of his interest he to hold a correspondence with him whom the Parliament hath said you shall in no case promote his interest Mr. Hales I must be bold still a little to crave Mr. Atturneys favour to reply upon him in this kind of way for I have not had time At. Gen. You have had more time then I for I heard not of it till now Mr. Hales We say the Charge is not good because it is made Felony only by the Act and laid in the Charge to be done traiterously and then we say that Charge is uncertain to what designe it relates if it relates to the businesse concerning the promoting of Stewart's interest if it be so we conceive it is not proved for the proof I mention not but that is not insisted upon that Master Love did promote the interest of Charles Stewart contrary to the Act of Parliament that I think is not insisted upon Att. Gen. O yes Mr. Hales I conceive no. Att. Gen. I conceive very much otherwise Mr. Hales Mr. Hales I desire that Charge once more may be read concerning the promoting the interest of Charles Stewart The Clerk And the better to carry on and accomplish the said Traiterous and Wicked Practice and Design he the said Christopher Love with the said William Drake c. since the death of Charles Stewart late King of England who for his notorious Treasons and other Tyrannies and Murders by him committed in the late unnaturall and cruell warrs was by Authority derived from the Parliament justly condemned to death and executed severall dayes and times in the respective years aforesaid at London aforesaid and sundry other places within this Commonwealth and since this Nation was setled in the way of a Commonwealth or a Free State as aforesaid did Traiterously declare publish and promote Charles Stewart eldest son to the late King to be King of England Mr. Hales We are informed that there is nothing of any particular act of his concerning that but we have nothing to do with the Fact but we conceive that no subsequent thing by way of construction or interpretation shall make a publishing and promoting in such a manner as this is it must be such a thing as expresly publisheth and promotes him to be the chief Magistrate of England according to the words of the Act and not by way of dilation we say this is not a thing to be applyed to serve the turne upon this reason we say that the holding of correspondence and intelligence with Charles Stewart eldest son to the late King it cannot be coupled on to the promotion of the interest of Charles Stewart to be King of England seeing that is but by way of interpretation to bring it within the first part of the Act. Att. Gen. For that I shall crave your direction L. Pres It is not interpretative but positive Att. Gen. But I shall shall crave your pleasure whether I shall in my impeachments afterwards put in all my evidence what is charged and evidence proves that you will judge upon I hope Mr. Hales then the next part of the Charge and that is the fifth that he did hold correspondence with divers persons of the Scots nation our Exception to that is plain we conceive that part of it is not well laid neither it is not laid in pursuance of the Act of Parliament as our notes are this is that we say that it is not expresly alledged that they were persons residing in Scotland as our notes are Att. Gen. Like enough so Sir The Clerk And further to carry on and accomplish the said Traiterous and Wicked Design he the said Christopher Love severall dayes and times in the respective years aforesaid at London aforesaid and divers other places within this Commonwealth of England and elsewhere as aforesaid did Traiterously and Maliciously hold and maintain correspondence and intelligence with divers persons of the Scots Nation viz. with the Earle of Argile Lowden Louthian Bayly Belcarris and divers other persons if the Scots and other Nations whom he well knew to adhere to the Scots Nation in this war against the Parliament and Commonwealth of England Mr. Hales This we conceive is not a good charge for the words of the Act of the 2d of
Act of the 2. of August 1650. in express words read the Impeachment The Clerk And further to carry on and accomplish the said trayterous and wicked practice and designe he the said Christopher Love within the times and at the places last aforesaid did trayterously and voluntarily relieve the said Silas Titus Edward Massie Col. Bamfield one Mason late of London Gentleman and one Sterks late of London Gentleman who then were and yet are under the power of the Scotch Nation in Arms against the Parliament and Common-wealth of England with monies and ammunition Which Treasons and trayterous and wicked practises and designs of him the said Christopher Love were and are to the apparant hazard of the publike peace of the Common wealth and Free-State Parliament and People of England and to the manifold breach contempt and violation of the Lawes of this Land and contrary to the forme of divers Statutes and Acts of Parliament in such case made and provided M. Hales Then we say it is uncertainly alledged and uncertainly laid but we take it it is not within the words of the Act we desire that Act may be read The Clerk That shall from and after the 5. of August 1650. use hold and maintaine any correspondence c. M. Hales Then this is not within this Act because that this is concerning sending to persons that are in Scotland I observe not that it is charged that they were in Scotland At. Gen. Or shall abbet assist countenance or incourage the Scotch Nation or any other person or persons adhering to them in their war against the Common-wealth What think you of relieving is not that abbetting and incouraging M. Hales It should be laid so then I desire that part of the Charge may be read again The Clerk And further to carry on c. M. Hales My Lord we think this is not fully charged according to the Act. At. Gen. I will read you another of the 26. of March 1650. M. Hales That makes it not Treason At. Gen. It comes very neer it but I insist upon it it is under the other relieving them with mony buying of Arms. Mr. Hales Still the same Exception lies upon it within the times aforesaid which certainly cannot be acknowledged At. Gen. We acknowledge the same Exception and the same answer lies to it that of the 26. of March 1650. it is he shall suffer death and upon this it is Treason upon both together we cannot divide them but must express them so Mr. Hales Under favour the one makes it Felony and the other a Treason At. Gen. But it is a deadly one L. Pres If a Statute Law makes a thing Felony that was not Felony or recites a thing that is Felony and saith it shall be punished with death being a petty Larceny therein you say well but if the Statute recites that that is Treason in it selfe actually and saith that they that doe these things shall suffer death according to the nature of that offence that is formerly recited and limits it so in the recitall if the recitall be Treason in the beginning and then say that that Trartor shall suffer death without mercy M. Hales We have shewed our reasons in the Case my lord it is as much as we can say upon this sudden concerning this Charge there are some other things that are mentioned here by Mr. Love as how far forth there be sufficient Witnesses admitting the Charge were good how far forth the Witnesses are sufficient in themselves and then whether here bee two concurring Witnesses to any one act and whether any thing be more proved then Misprision of treason and concealment of treason these are things Mr. Love takes upon him in fact to say And now for those when the case is made we shall be ready to speak to these things for truly it is sudden and new to me for these matters came not to my knowledg till this morning after eight a clock that is concerning the last paper he offers to your Lordship and that is Exception to Witnesses proof and matter of the proof whether the bare concealment for thus it is stated unto us the concealment of any thing that is treason whether that be treason or no in the party that conceals it these are things that if we were prepared for we should speak to First we conceive by the Statute of primo quinto Elizabethae there is a necessity in this proceeding before your Lordship to have two lawfull and sufficient Witnesses Next of all we thinke that if these witnesses be such as he hath stated them to be which whether they be or no we know not for we are utterly unacquainted with the evidence yet we should think they are no sufficient witnesses and then admitting they were sufficient witnesses yet if so be one witnesse speaks to one fact another to another we conceive these are not sufficient witnesses within the Statute not sufficient to convict him And then if that which they have witnessed be nothing that amounts to Treason haply committed by others that makes him not guilty within the Acts. If we had time to understand and digest and consider what were the matters that are alledged we should be able to say somewhat to it My Lord that which we have said we have said of a sudden and so it appears because we had not that clear understanding of the Charge as otherwise we might have had and so have saved much of your time Att. Gen. For that that hath been said suddenly by Mr. Hales I shall suddenly give it this answer he hath had more time then I he hath said from Mr. Love and not from himselfe he saith when the case is made I think it will appear then that these Exceptions have been made to the Court that the witnesses have not been competent neither in quality nor number they have been spoken to for the witnesses the Exception to the quality because they were of the same gang they had a hand in the some Treason that was the Exception I think that will not be allowed to be a legall Exception they are persons that as Mr. Love pretended had a hand with him in this Fact and therefore they should not be competent witnesses that I shall appeal to Mr. Hales's judgment before conviction and upon a proceeding whether they may not discover and after conviction if they be Approvers For the next for two witnesses when the case is made you will find one two three four five six and to most of them two three and four for so I may make bold to say for so I read them to you the last day And then for the last Exception that was for the concealment of Treason it is far from it for I know not what a concealment Mr. Love may intend I am sure Mr. Hales will not think that a concealment to run on one two or three years and run on and send letters that when he acts along
acts you must have two Witnesses to bring them within that act For suppose a man were indited of Treason heretofore for Levying of war and another Treason for adhering to the Enemies and another Treason for counterfeiting of the Coin or those kinde of things these are severall Treasons though they are all put into one Information and haply may be put in case of necessity into one Indictment as here are severall acts put into one Charge But now a proof of Treason within one of the Acts by one Witness and a proof of a Treason within another of the Acts by another witnesse will not be esteemed and accounted a proof by two witnesses for it must be a proof not that he is within the Charge but within that part of the Charge upon which he is to be arraigned and here is not a proving each distinct part of the Charge by two witnesses as the Statute requires And then to come neerer suppose the Charge were but upon one Act as that he held correspondence with the Scots and did invite them c. I conceive that in this case under favor that that particular Act with which you will charge him to be a Traitor within any one law must be proved by two Witnesses The Star-chamber course I know what it was that in case there were one generall charge and then it did descend to severall particulars one witness would serve for one and another to another and a third to a third and these should make up two witnesses to convict the party but we are not now in a proceeding of Star-chamber that is laid by it was not altogether so regular in all things and then we are not in a thing barely criminal but in a case of life and not in the case of life ordinarily but in a case wherein a party is accused of Treason wherein the Statute doth provide that there shall be two Witnesses as I conceive to swear to the same thing by which you would bring him within it otherwise they stand as single Witnesses every one apart I have heard of a case I have not had so much time as to look into it concerning Mr. Rolph indited at Winchester I will not so much as repeat over the Case upon my credit to the Court but I take it it was thus Hee was indited for somewhat about the person of the King one Witnesse deposed about the presenting of a Pistol or that he said he would another about poisoning or that he said he would these two things did conclude in one the same act and though they concluded in one and the same as evidences complicated evidences to make good one Charge and either of them had been sufficient if proved by two yet as I am informed this is the inconvenience upon the sudden we cannot offer it upon the confidence of our own knowledg which a little time would make us wholly decline the mentioning of it or affirm it upon our credit but this I am informed was not held a case proved by two witnesses and if that be so then I conceive these steps the first will be agreed that the proof of severall Charges by severall Witnesses against severall Acts will not make a proof by two Witnesses it must be a proof by two Witnesses against one act therefore the proof of any thing against the Act of the 17 of July 1649 and another proof of a thing done against the Act of the thirtieth of January 1648 and another for a thing done against the Act of the 2d. of Aug. 1650 here the offences are severall the Treasons severall and the Witnesses to either stand singly by themselves How the case of the Fact is upon the proof I cannot tell that is whether this falls out to be the case But again if the Charge were single as now upon the Act of the 30 of January 1648 for proclaiming of the King or promoting the Prince of Wales his interest to be King of England we think with submission which we shall leave to your judgment that in that case there is a necessity of two Witnesses to speak to one thing and not one to supply one part and another to supply another That shall be as much as I shall say concerning that and I could wish that wee had had so much time as to look into it to inquire what the truth of that case was which was tryed at Winchester as I take it Now for the other matter that is Whether Misprision of Treason concealment of Treason be Treason if that be not insisted upon Att. Gen. No no. Mr. Hales Under favour the law is That concealment of Treason is not Treason but if that be not insisted upon then the question of the fact is whether there be any more then a proof of a concealment or of a Misprision of treason which if so be it be not I can say no more Att. Gen. Truly my Lord I did intend to speak to that of M. Loves case and as of his making but not now of his making but as he hath made it formerly surely it is a great deal of patience and favour you have afforded him that for matter of fact and law you have heard it all over again As for that first of the Competency of the Testimony I shall remember his own division First of the Charge Secondly of the Witnesses and the Testimony The third concerning Himself And the fourth his humble Proposals to the Court. One part of his Defence was concerning the Witnesses and Testimony that he made a long defence to and if it be not good evidence that parties that are of the same robberies may not accuse their fellow theeves I think some must be unhanged that have been hanged but that I shall not speak to for I think not that Mr. Hales his judgment leads him to it but if they were threatned and should be made afraid of their lives that were somewhat but that is not the case here The next is for two Witnesses I might say that by the Common Law of England one witnesse was enough before the Law of quinto Edwardi sexti was made for else it was not needfull to be made and Mr. Hales knowes again that as to Triall those Lawes are repealed but not to trouble you with these things or to say wherein they must concur I did crave the favour of you to read the Witnesses as they deposed and I did tell you when it was by hear-say and when upon knowledge and when by two three and foure to severall acts of M. Loves own actings two three foure witnesses I think they are number enough to accuse and detect a person of as high quality And for the last for misprision of Treason M. Love hath said that which never came into my thoughts that such actings done by M. Love could be judged misprision he that acted with them consulted and debated and plotted gave his judgement one way moved to raise mony