Presbyterian party in England do authorize you Francis Lord Willoughby of Pariham Edward Mâ—ssey James Bunce Richard Graves and Sylas Titus to treat on our behalf and the rest of our Brethren the Presbyterians of England with the King and to assist our brethren the Scots Commissioners in their treaty with the King and to do according to the Instructions annexed My Lord here be the heads of the Instructions That the Commissioners should use all arguments they could to move the King to give the Scots satisfaction and to take the Covenant and particularly to inform him of the condition of affairs and how things stood in England at that time all which then cried out for an agreement with the Scots giving them full power of all things and what should be concluded by them the commissioners should be confirmed by the confederates I think my Lord here was a very large commission whatsoever they thought fit they were willing to comply with and make good My Lord at Mr. Loves house at the same time it was moved according to a letter from my Lord Piercy to William Drake that a good sum of money might be sent to the King as a great means to dispose the King to an agreement with the Scots but they did not think fit to be cozened of their money but if this conjunction did follow then to raise money considerably And they went on so far as to debate how to raise this great sum of money for this pious work as you shall hear by and by under what notion when propounded Those men agreed that the best way was that the Ministers should have several correspondents and that they should propound the lending of 10 20 30 40 or 50 pounds for a charitable use but you must not ask what this charitable use is for And this charitable use what would it have been if God had not blest the battle at Dunbar we should have seen it My Lord a little before the battel at Dunbar when they had a letter from Massey or Bailey or somebody they then began to understand their brethren better then before for he did informe them that notwithstanding what was pretended yet for all that there was no English imployed nor was the King crowned This did disturb the minds of the conspirators very much insomuch that they did expostulate with a large letter written by Mr. Love and Dr. Drake written in a table-book in sack and sent there they did expostulate with them because the Presbyterian party which was the over-ruling party were growne so confident of carrying all before them that they did neither crown the King nor minde the English They did blame them for this seeing this going upon a single interest and upon one party alone which they did call godly would not do well And my Lord it proved so indeed they carried it on upon this till the battel at Dunbar came and then they began to be of another minde After that battel there was a letter from the commissioners of Estates pressing for Arms and Ammunition and letters from Massey and Titus for money to be sent My Lord these good natured men notwithstanding they had been so handsomly dealt withal when their brethren were in power yet for all that so fierce and eager were they to carry on this great designe which God knows what it would have come to they notwithstanding upon Mr. Loves proposition for he was the man who did propound it agreed to send 500 pounds presently to Massey My Lord this money was raised and subscriptions taken by Mr. Love himself at his own table And this is proved by one who brought his ten pounds he brought it to Mr. Love and would trust no body else with it and this was sent away presently by captain Massey My Lord there was a large letter sent also with the money wherein was good counsel for besides the money he did write to advise his brethren that it would be notable service to indeavour after union The letter was sent and that large letter inviting to union had been delivered to the Assembly and that would help to quash the dissenting party in Scotland who had made the King a prisoner But now the State and Church were all agreed and this was the fruit of Mr. Loves letter And if they had not been so united they could have done no harm this letter came so seasonably that they conceived it very considerable They pressing to union very much by this means did quash the dissenting brethren and by that means they came to be as now they are My Lord about Christmas last there came a letter from Massey which gave an account of crowning their King and of great preparations to take the field and that the correspondents here should beware of unseasonable rising and that they were most affraid that these persons would rise too soon and so spoile all My Lord in answer to this letter they write back again to Massey to advise him on the other side to take heed that he came not into England but well provided and not to depend much upon the assistance here in England they were affraid he was too weak as he was affraid they were too forward My Lord after Cook was apprehended then the correspondents met no more at publick meetings and yet they received letters from Drake Massey Bunce and the rest whereof Mr. Love was still made acquainted as a principal man that told them of the hopeful condition of the Scots Army that they intended to engage in England advising the party here not to be too forward This was the second advice and see the reason of it for if Mr. Love sate at the helm as he did all the meetings being at his house after Drake went away he still stating the question drew these letters and corrected them And if he were such a main stickler truly there was very great reason for his advice My Lord about the middle of March last Col. Bamfields man brings an answer to the message in the table-book written in sack containing foure or five sheets of paper Upon this packet there was nothing written but the letter L. to deliver to one of the conspirators and seeing nothing but the letter L. written he carried it to Mr. Love and Mr. Love did own it as sent to him and that was the large Narrative of the state of affairs in Scotland after the fight at Dunbar how things stood there My Lord with this Narrative was sent also a letter from Mr. Bailey by order from the general Assembly they did order Mr. Bailey which was the Scotch correspondent there to write a large letter and there was another letter from my Lords of Argile Lowden and Lothian c. it is worth your observing what this letter was that came from these men First thanks for the good affections of Mr. Love and the rest of the conspirators Secondly incouragement to persevere and to credit Bamfields negotiation for money
Att. Gen. To whom did you pay it and where did you pay it Then they shewed him his Examination L. Pres Come look upon it and be well advised Adams looks upon his Examination Mr. Adams I paid it to Mr. Drake at his fathers shop in Cheap-side Att. Gen. Next about the Commission and instructions to be sent what do you know of that when this letter was read from the King and published in Mr. Loves study whether was there not a Commission agreed upon to give instructions to treat with the King at Bredah Mr. Adams There was a motion made at Mr. Loves house that there should be a commission and instructions drawn and sent the motion was made at Mr. Loves house they 〈◊〉 there spoken of L. Pres By whom who did the Dialogue run between Did Mr. Love do it Mr. Adams Truely for my part I did not then take such speciall notice that I dare at this time upon my oath deliver any thing positively against any particular man but generally all spake something as I remember Att. Gen. Was there any debate to mend the instructions Adams Truly Sir not as I remember Att. Gen. Did not Mr. Gibbons bring the rough draft of the Commission Mr. Adams Truely I think he did as I remember he did I have spoken of the Comission and instructions that were debated then and there and that many of these persons here mentioned were there but that some of them mentioned might not be there then is very likely Att. Gen. Was Mr. Love there Mr. Adams That he was there some part of this time I am very confident L. Pres Was it in his study Mr. Adams It was Att. Gen. Was there a Commission agreed upon to be sent Mr. Adams For the word agreed I cannot tell what to say to it Agreed holds forth as if a vote passed L. Pres Was there not a generall consent Mr. Adams Being upon my oath I desire to be cautious for I must be tender in speaking the truth in this case and I do not know what to make of the word agreed L. Pres Was it approved of Mr. Adams To my understanding the thing was thus that at such meetings as these we were not absolutely formall as if we had been established by a Court of Justice to act thus and that there should be prefaces and such things or such methods observed as that any man undertook to make a preface either at the beginning or conclusion but it was spoken to by many persons and by every person spoken to and in this sense it was agreed Att. Gen. Were there not instructions agreed upon and all this in M. Loves study Mr. Adams It was so L. Pres Were they not read there Mr. Adams I think they were L. Pres Who read them Mr. Adams I cannot tell who read them but they were read and I think Mr. Drake read them Att. Gen. What was the contents of the Commission Mr. Adams The contents or the substance of the Commission was to this effect This he reads out of his Examination We the Presbyterians of England do authorize you the Lord Willughby of Parham Edward Mas-Massey Richard Graves Cilas Titus and James Bunce to assist our Brethren the Scotch Commissioners in their Treaty with the King according to the instructions annexed I dare not swear it in these words but to this purpose it was The substance of the instructions were to use all the arguments they could to move the King to give the Scotch satisfaction and to take the Covenant such arguments were mentioned as the then condition of affaires best afforded particularly how things stood in England at that time which did all of them cry out for an agreement and gave them full power as to all things and what should be concluded by them should be confirmed by these here but I cannot say so but what words were were to this purpose saving this conclusion that what was concluded should be confirmed here I do not remember that Att. Gen. Was there not some debate by what warrant they should act in this Commission and instructions Adams There were some such words at the meeting L. Pres What did Mr. Love say Adams I cannot remember what Mr. Love did say or whether he said any thing or nothing at that time but that there were such words said I have said it but by whom I cannot fix it upon any particular peâ—son Att. Gen. Was it not debated by what warrant they should derive power to themselves to send this Commission Adams There was such language but by whom I cannot say I thinke by William Drake It was because the King had writ this letter wherein he desired there should be such instructions there was something spoken of the secluded members but by whom I do not know there was a Proposition whether the authority should be taken from the secluded Members or from some other Att. Gen. Did not Mr. Love then say Come let it go on Ad. I dare not say so Att. Gen. Was it not propounded at the meeting to write to the Queen and to Jermine and Piercy for them to mediate with the King to agree with the Scots Adams's Examination was here againe read Adams My Lord So much of this as I think to be true I shall own Att. Gen. Was there not a letter writ from Piercy that a considerable summe of money was fit to be sent to the King and what answer was given was it not to be done till the King and Scots should agree and then to raise the money Adams That there was such a letter writ I must needs acknowledge Att. Gen. Where 〈◊〉 it read at Mr. Love's house Adams No certainly I onely saw it in Mason's own 〈◊〉 and I remember he shewed it me Att. Gen. Next ask him whether there was not a letter written about August last to some here that Massey had back friends in Scotland complaining he could not be promoted there Adams I did understand there was such a letter but by what way I do not know At. Gen. Was not the letter communicated at M. Loves house and were not you present when this letter was read at Mr. Loves house wherein Massey complained he had back friends in Scotland Ad. No certainly that letter was not to my remembrance read there I heard of such a letter but saw it not Att. Gen. My Lord ask him whether he was not appointed to draw up some letters Ad. There were some I should have had a hand in drawing Att. Gen. Who were appointed with you Ad. As I remember Captain Potter Captain Massey and Mâ— Gibbons Att. Gen. But was there no meeting upon it was M. Love named Adams Mr. Love was not named Att. Gen. Was there not one Sterks a Scotch Agent here that kept intelligence from Scotland Adams I know there was such a one we took to be an Agent here L. Pres Did he meet at your meetings Ad. Yes he did meet sometimes Att. Gen. Was
THE WHOLE TRIALL OF Mr Christopher Love BEFORE A pretended High Court of Justice in Westminster-Hall Containing The Charge of High Treason against him Debates between the Court and him before his pleading to the Charge The several depositions of the Witnesses Mr. Loves Defence to the Charge and Evidence Mr. Serjeant Hales a learned Counsell his Plea against the Charge and Evidence And the Sentence WITH The Relation of his Suffering and his Speech and Prayer at his Death upon the Scaffold on Tower-hill Published by John Farthing Citizen of London who took the Triall in the said Court in Short-writing for Mr. Love and at his own request To which is added The Tragedy of his Triall and Death in very elegant Verses By the acute Author of Iter Boreale London Printed in the Year 1660. TO THE READER Reader THou hast here a true and impartiall account of the Proceedings of the High Court of Justice so called against that faithfull Servant and Minister of Christ M. Christopher Love a man of so much and such known worâ—h while he lived and of so good a name and memory now dead that as any thing I can say of him would signifie little so I shall be wholy silent in it What and how extreme the Proceedings of the Court were against him will by this that follows sufficiently appear especially if thou dost but considerately peruse M. Loves defence and the Plea of that honourable Gentleman and his then faithfull Counsell M. Serjeant Hales against both the Charge and Evidence This triall was formerly printed but not till now made thus publick the times not bearing it The Court took a severe course to have prevented the publishing of it as being it seems conscious to themselves of their own foul and false play therein and did therefore every day commit my very Notes to the Tower though they did not prove to be under such strict keeping but that I had the liberty of giving them severall visits not that I think every one of the Court should fall under the same consideration for there were divers of them as I am certainly informed that would not at all have appeared in it but upon the earnest solicitation of some nearly related to M. Love and that only in order if it could have been to the saving of his life My aim in now publishing this Triall is not that it should prove an injury to or an irritation of any but partly a little to revive the memory of that now blessed servant of God though I know the righteous shall be had in everlasting remembrance and partly that the world may be somewhat acquainted with the manner of proceedings of our high Courts of Justice especially when they have been erected as it is too too apparent ours have been only to feed the malice and serve the corrupt and unjust interests of ambitious and merciless men J. F. The Trial of Master LOVE before the High Court of Justice in Westminster Hall June 20. 1651. THe Court being set and called over the Lieutenant of the Tower was commanded to bring forth his Prisoner and Master Love was brought to the Bar. After the reading of divers late acts of Parliament concerning Treason Master Prideaux the Atturney generall for the Common-wealth spake as followeth Attur Gen. My Lord you have heard severall Acts of Parliament read and the offences therein mentioned My Lord I have here a Charge against Mr. Love the Prisoner at the Bar and I humbly desire that it may be read likewise and you may please to take his Reply to it whether by Confession or otherwise The Clerk is commanded to reade the Charge The Clerk A Charge of high Treason and other high Crimes and Offences exhibited to the high Court of Justice by Edmond Prideaux Atturney Generall for the Commonwealth of England for and on the behalf of the Keepers of the Liberties of England by Authority of Parliament against Christopher Love late of London Clerk by him preferred and commenced against the said Christopher Love That is to say THat he the said Christopher Love as a false Traytor and enemy of this Common-wealth and free State of England and out of a trayterous and wicked designe to stir up a new and bloody war and to raise insurrections seditions and rebellions within this Nation did in severall daies and times that is to say in the yeers of our Lord 1648 1649 1650 1651. at London and at divers other places within this Common-wealth of England and elsewhere together with William Drake late of London Mercer Henry Jermin late of London Esquire Henry Piercy late of London Esquire John Gibbons late of London Gentleman Edward Massey late of London Esquire Richard Graves late of London Esquire Sylas Titus late of London Gentleman James Bunce late of London Alderman and other their accomplices yet unknown traiterously and maliciously combine confederate and complot contrive and endeavour to stir and raise up forces against the present Government of this Nation since the same hath been setled in a Common-wealth and free State without a King and House of Lords and for the subversion and alteration of the same And the better to carry on and accomplish their said traiterous and wicked designe he the said Christopher Love together with the said William Drake Henry Jermin Henry Piercy Richard Graves Edward Massey John Gibbons Sylas Titus James Bunce and others since the death of Charls Stewart late King of England who for his notorious treasons and other tyrannies and murders by him committed in the late unnatural and cruel war was by Authority derived from Parliament justly condemned to death and executed several daies and times in the respective years aforesaid at London aforesaid and at sundry other places of this Common-wealth and since this Nation was setled in the way of a Common-wealth or free State as aforesaid did traiterously and maliciously declare publish and promote Charles Stewart the eldest Son of the late King of England to be King of England meaning this Common-wealth without the consent of the people in Parliament first had and signified by Authority and Ordinances to that purpose And further to carry on and accomplish their said traiterous and wicked designe he the said Christopher Love on severall daies and times in the respective yeers aforesaid at London aforesaid and in divers other places within this Common-wealth of England and elsewhere together with the said William Drake Henry Jermin Henry Piercy Richard Graves Edward Massey John Gibbons Sylas Titus James Bunch and other their accomplices as aforesaid did traiterously and maliciously invite aid and assist the Scots being forraigners and strangers to invade this Common-wealth of England and adhered to the forces of the enemy raised against the Parliament and Common-wealth aforesaid and Keepers of the Liberties of England aforesaid And further to carry on and accomplish the said traiterous and wicked design he the said Christopher Love divers daies and times between the twenty ninth
day of March 1650 and the first day of June 1651. at London and other places as aforesaid did traiterously and maliciously give hold use and maintain correspondence and intelligence by Letters Messages Instructions and other waies prejudiciall to this Common-wealth with the said Charles Stewart Son of the late King and with the late Queen his mother and with the said Henry Jermin Henry Piercy and divers other persons being of councell and abiding with Charls Stewart And further to carry on and accomplish the said traiterous and wicked design he the said Christopher Love severall daies and times in the respective yeers aforesaid at London aforesaid and divers places within this Common-wealth of England and elsewhere as aforesaid did traiterously and maliciously use hold and maintain correspondence and intelligence with divers persons of the Scotish Nation that is to say with the Earls of Argile Lowden Lothian and Belcharris and with one Bayley Gentleman and divers other persons of the Scotish and other Nations whom he the said Christopher Love well knew to adhere to the said Scotish Nation in this war against the Parliament and Common-wealth of England And further he the said Christopher Love within the times and at the places before mentioned did traiterously and maliciously abet assist countenance and incourage both the Scotish Nation and divers other persons adhering to them in this war against the Parliament and did send and convey or cause to be sent and conveyed Monies Arms Ammunition and other Supplies to Scotland and other places and to the said Titus Massey and others in confederacy against this Nation without speciall leave and license from the Parliament of England or Councell of State or the Captain Generall of the Parliaments Forces And further to carry on and accomplish the said traiterous and wicked practice and designe he the said Christopher Love within the times and at the places before mentioned did traiterously and voluntarily relieve the said Sylas Titus Edward Massey Col. Bamfield and one Mason late of London Gentleman and one Sterks late of London Gentleman who then were and yet are under the power of the Scotish Nation and in Arms against the Parliament and Common-wealth of England with Monies Arms and Ammunition All which Treasons and traiterous and wicked practices and designs of him the said Christopher Love were and are to the apparent hazard of the publick peace of this Common-wealth and free State Parliament and people of England and to the manifest breach contempt and violation of the Laws of the Land and contrary to the form of divers Statutes and Acts of Parliament in such case made and provided And Master Atturney Generall by protestation saving to himself in the behalf of the Keepers of the Liberties of England to exhibite any other Charge against the said Christopher Love and to reply to the Answer he shall make to the premises doth for the said Treasons on the behalf of the Keepers of the Liberties of England impeach the said Christopher Love as a Traytor and publick enemy to this Common-wealth and free State of England and doth pray that he may be put to answer all and singular the premises that such proceedings Triall Examination Judgement and Execution may be thereupon had against him as shall be agreeable to Justice The Clerk Christopher Love you stand charged on the behalf of the Keepers of the Liberties of England by Authority of Parliament of high Treason and other high Crimes and Offences against the Parliament and People of England this high Court therefore requires you to give a positive and direct Answer whether you are guilty or not guilty of the Crimes and Treasons laid to your charge Master Love My Lord Before I plead I humbly crave leave to expresse my self in a few words to this Court and afterwards to make humble Proposals of what I desire in order to this Trial. In the first place being I am this day called to a great and weighty work in the entrance to it I do earnestly beg the prayers of all them that have an interest in God that he would carry me through this whole Triall with such gravity godlinesse and meeknesse of wisdome as becomes a Professor and Preacher of the Gospell and that he would keep me in this houre of temptation rather from sin then from suffering Sir I am this day made a spectacle to God Angels and men singled out from among my brethren to be the object of some mens indignation and insultation By my appearing in this place I am made a grief to many that are godly and a laughing stock to the wicked Here he was interupted by the court Lord President of the Court. Mr. Love how long time do you intend to take up Mr. Love I will be brief Sir L. Pres We have been calling upon God to direct us and you and all good people that justice may be done and you would glorifie God rather then man if you would confesse knowing what was done in that great sin of Achan there was great pains taken and the whole Nation was fain to be examined and their houses divided and at last when it came to Achan you know what Joshua said to him confesse and tell the truth and glorifie God this is that that if you respect God before man you may now clear your self and set forth his glory upon earth and your next work is to plead guilty or not guilty For we see that those wayes you go would take up time and we have taken all into our thoughts before hand Mr. Love I do not desire to protract time but I would not lie under a prejudice L. Pres When you go out of your way we must help you and know if any be under a prejudice here their prejudging is rather in mercy then in prejudice to you Mr. Love I hope you will not be more severe to a Minister then you were to Lieut. Col. John Lilburn When you were at the court at Guild-hall at the trial of Lilburne you gave him the liberty of two houres to plead before he pleaded guilty or not guilty L. Pres To a Minister you say well but I tell you we do more to a christian then to a minister and we are all christians and your ministry is but an Office and therefore what Mr. Lilburne had it was the favour of the court then but time is spent and pray do not you follow that now M. Love Whereas your Lordship is pleased to urge the case of Achan to me if my case were the same as Achans was I should do as Achan did confesse and give glory to God but Achans was a peculiar and extraordinary case and therefore I pray it may not be laid to me God was the informer and discoverer and God did by lot discover Achan to be the man L. Pres Will you plead M. Love I desire liberty to speak a word I had not diverted my discourse but upon your Lordships words Att. Gen. My
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
errand here was to reconcile both parties the Royal and Presbyterian party and to make them both subservient to do his work My Lord he treated with the Countesse of Carlisle William Drake and divers others citizens of London and this was with the privity of the Ministers My Lord he had commission from the King to assure these conspirators that if they could procure the Scots to send more moderate propositions then they had formerly sent for the treaty was broken off before the propositions were then immoderate that they should be satisfied Thereupon they were so confident of themselves and so bold and in this Master Love had a principal hand that without any more ado he frames a Letter to Scotland to advise them and to perswade them by all means to send more moderate propositions The Scots return them this answer That they saw no cause to send more moderate propositions but they desiring a good successe of the Treaty they should send before hand to the King to prepare and move him to comply with the propositions when they came Thereupon they were as ready whereas they sent with the one hand to the Scots so with the other hand to the King They framed a Letter to the King and I will expresse it in their own language this was the substance of their Letter First they let the Prince know that there was a considerable party in England sensible of their sufferings there they made themselves so considerable and by and by you shall see what became of that First the Kind did understand them to be so considerable Secondly they were bound in conscience and loyalty to the utmost to help him to his just rights if he were once ingaged with them by taking the Covenant c. and prosecuting the ends of it Thirdly that there was no way to do this but by closing with his subjects of Scotland Fourthly that being done all the Presbyterians were bound to assist him And this which they did must be sent away before commissioners come to prepare the King to give them good entertainments With this Letter there was a Letter sent to the late Queen to desire her by all means to work the King to a compliance with the Scots And there was a Letter sent to my Lord Piercy and Jermin to that purpose taking notice that the Queen my Lord Piercy and Jermin were their very good friends and ready for this conjunction whereof they took special notice and did approve of it as a thing very acceptable and which should be remembred in due time My Lord this Letter was sent and afterwards Mason he brings the Answer from the King and Queen and Piercy all agreeing to work this that the Scots if they came with propositions should be complied withal But Piercy and Jermin writ further and did advise them to the intent the King might not fall back again that they would send a meet person to be present about the King when the commissioners came that so he might see faire play And thereupon Titus was sent away to be an agent there for them at this Treaty and this Treaty was at Jersey but this Treaty took not effect as was desired Whereupon they resolved upon another treaty at Bredah but at the treaty at Bredah the King advised in his Letter which I shall reade in the later end of the Letter that they would send commissioners then to treat with him My Lord the Letter was written by the King back again to the Ministers First the King in the Letter took notice of the Ministers non-compliance with the present power and of their loyalty and good affection to him and that if God restored him he would requite them Secondly he promised all satisfaction to the Scots Thirdly made large promises of high favours particularly to the Ministers Fourthly wisht them to send commissioners sufficiently instructed to treat at Bredah Now my Lord in the Diary that came along with this for there was a Diary of all Titus his Negotiations in that Diary it did appear that the King was very much satisfied with the correspondents application to him and that that should be a main argument to him to satisfie the Scots So my Lord if they had not thus moderated and perswaded the King that they were a very considerable party he would never in all probability have closed with the Scots but have thought them very inconsiderable But when he was informed that if he closed with the Scots he should have a considerable party in England that made him think the Scots were worth the closing with My Lord Titus in his Negotiation at Jersey did assure the King that the Ministers were averse to the present Government both in pulpit and in print and that they were well-affected to serve him and the Nation and that the Nation was ready to espouse his quarrel if he did joyne with the Scots This he did assure him in the behalf of the Ministers And to shew how they did own this they did like this assurance so well that they sent him another Letter and they did likewise send him a Letter of thanks for his good service he had done in possessing the King how considerable they were My Lord after this businesse of Jersey when Titus had done his good service there he was coming home to make his relation but heaâ—ing by the way that the Councel of State had intercepted some Letters he durst not come farther then Calice and from thence he sends a Letter to let them know all this and withal that he had something to communicate to these conspirators that was not fit to be communicated by Letter and therefore desired that some meet person might be sent to Calice Thereupon this Letter being read in Mr. Loves study so secretly was it carried there it was agreed that Major Alford should be the man that should go to Titus and should receive all this account from him Whereupon Alford he went away to Titus presently and there he did speak to him and Titus did acquaint him with all these proceedings and withall they did advise that a Commission should be sent in the later part of the Letter So that now they had no more to do but since their hopes failed them at Jersey to have an eye to the Treaty at Bredah where they desired to send Commissioners My Lord this letter to be presented at Bredah was managed at Mr. Loves house Col. Massey Col. Graves Titus c. These were the parties There were Letters sent to them to act accordingly and Titus sent letters to the King and Queen and Piercy And again my Lord for the Commission it was as transcendent a boldnesse as ever was done by private men and the Commission was corrected by Mr. Love for it was rough drawn by William Drake which was the English Agent here But Mr. Love in his study and Doctor Drake did help to correct it The substance of the Commission was this We the
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
fault that is no offence for an honest man questioned for a fact to confess the truth thereof I have not heard that that is no good law and I do say that before ever this man came to be examined we did know it all and perchance from those that this Gentleman thought fitter to trust then us but we did so know it before that every circumstance was opened by us and we did convince this Gentleman and others though not Mr Love But Mr. Love saith He must not accuse himself he must not answer but this Gentleman did more ingeniously I do affirm That he was questioned to every particular before he answered And we do know that the State hath long hands and ears Now my Lord if you please ask M. Potter what he knows of this business of sending to and receiving from Scotland L. Pres You are upon your Oath and in the presence of God then whom there is no higher upon the earth that is in the seat of Justice and without relation as Mr. Love saith to the parties therefore tell the truth of your knowledge in the transaction of this treacherous treason that hath now been above two years in the passages between the Presbyterian party At. Gen. No my Lord we will not own that upon them there are some that do stile themselves so The Presbyterian Party that are consciencious persons and pious and godly men and I should do them wrong should I lay it upon them but that which I do is against those that do undertake to stile themselves The Heads of them L. Pres Begin then with that which concerns Mr. Drakes Agency Cap. Pot. I have taken an oath to speak the whole truth in this business but that is the truth I know I desire I may not be prest to things that I have onely heard At. Gen. You must and from whom you heard them Cap. Pot. I was examined several times and had a wide latitude there and then I was to speak to every truth as I thought and heard but now I have taken an oath to speak the truth between the State and this Gentleman And I beseech you that I may be held close to those things and I will give you the fullest and fairest account I can What I said before was in order to the discovery of the thing much of which I had by hear-say from others and in that I may mistake in persons places and times What I have done my self and what I know this Gentleman hath done that may be put to me fully Mr. Love The witness must so speak That we have seen and heard that do we testifie At. Gen. Your Doctrine will not pass here Mr. Love It is Scripture Sir and it behoves me to speak for I am upon my life At. Gen. Mr. Potter speak what you know and from whom and I desire there may be no glosses put there by those who I am sure cannot do it I ask you first of the proceedings and â—ending to Scotland and back again to England and what you know of it and from whom C. Pot. My Lord the Committee that examined me knows I was not privâ— to the first transaction I did say indeed something of it by hear-say and I did likewise say That Mr. Drake told it me but I may erre in that particular possibly M. Drake did not tell me so for as I apprehend I said I did think it did put a necessity upon the King to agree with the Scots and then having seen some papers and conferr'd with that relation others have made I collected the truth of them as far as I did know but now I am upon my oath let me therefore come to the matter I spake then many things as I heard which I cannot affirm upon my oath L. Pres We must judge of what you have heard C. Pot. My Lord I cannot be certain of that At. Gen. That is receded from But what do you know of Masons coming over here C. Pot. I know nothing of Mason I saw him but once and at that time there past nothing between us of publick concernment as I remember Att. Gen. What was the answer that was returned to that which Mason did bring C. Pot. That I can speak nothing to of my own knowledge I heard he was come hither and was here to see the tempers of men and to see how things were like to go Att. Gen. My Lord ask him from whom he came C. Pot. It was said he came from my Lord Piercy but these things are so remote from me that I can say nothing to them of my own knowledge Att. Gen. My Lord let him speak what he knows about reconciling the Presbyterian parties C. Pot. I think others can speak more close to that I can say nothing but by hear-say I heard that Mason did indeavour here to finde how the affections of the people stood and whether there was a necessity that the King should comply with the Scots or with the cavaliering party and that he found a necessity of complying with the Scots L. Pres What assistance should he have from hence C. Pot. I know no more of Mason then this Att. Gen. My Lord ask him if there were not some letters returned by Mason in answer to what he brought C. Pot. Not that I know of L. Pres Did you hear of it C. Pot. I think I did hear of it but I cannot tell by whom I think by William Drake Att. Gen. My Lord ask him whether he knows of any petition sent to the King of Scots C. Pot. I do not know of any but have heard so L. Pres By whom did you hear so C Pot. By William Drake L. Pres Who did Drake say did carry the petition C Pot. I cannot tell Att. Gen. Do you know of any answer returned from Piercy and Jermin C. Pot. I know nothing at all of these things L. Pres Were not you invited to the meeting C. Pot. Yes I was Att. Gen. What did he tell you C. Pot. Nothing at all we had nothing but common discourse there Att. Gen. Who was there C. Pot. There was William Drake Major Alford and I think Mason and Titus were there L Pres Do you remember any more C. Pot. I do not remember nor can I certainly say they were there L. Pres Were not you prest or moved to go to Jersey C. Pot. Not that I know of L. Pres Did not Titus offer to go C. Pot. I cannot well tell but at that time or some other he either was spoken to to go or offered to go L. Pres How long ago C. Pot. My Lord I cannot speak this of my own knowledge but I have heard say I think a month after the time L. Pres Had he any money to bear his charges C. Pot. I know of none Att. Gen. Well what meetings afterwards was there in M. Loves study C. Pot. I have been at M. Loves severall times Att. Gen. My Lord ask him whether he was not
the like to him This Captain Titus drew up and this I believe was sent over for Titus undertook to send it over I did ask how the Prince should be made to believe that this coming from an inconsiderable party as we were should come under the notion of the Presbyterian party of England for it went under that notion He said he should undertake that by the means of my Lord Piercy And the petition that was agreed upon he did send over I believe for I did not carry it to the post-house but he did undertake to do it Afterwards he went over himself and when he was over he had information that there was notice of his being here and of the businesse he was upon and therefore he writ over to William Drake as M. Drake told me that he did desire some of us that knew of the businesse should be sent over to him to receive that account from him which he had in the businesse So M. Drake did perswade me to go over to Calice and having some businesse of my own I did go over to Calice I went from my house on the friday night and I was back again on the tuesday following And he did give me an account of that transaction The substance of it was this It was about his own troubles he had undergone there by the cavalieâ—ing party in managing that businesse He had likewise been imprisoned and they told him they would try him as a spy and that they urged hard against him and that he was in that condition till my Lord Liberton the Scotch commissioner came over and by his means he had accesse to and favour with the Prince And that was the substance of all He said the King was averse to the covenant not of himself but by reason of those counsels that were about him And this was the substance of that account he gave me of his transaction there at Jersey in reference to the businesse he went upon And this he gave me in writing which I brought over to deliver to M. Drake for it was directed to him which I did deliver Afterwards Master Drake carried them to Master Loves house where they were read And that is all as to that businesse Then afterwards there was a commission they called it a commission it was agreed upon among us to be sent over to my Lord Willoughby of Parham and Massey and I think Graves and Titus that they should agitate and act for us at Bredah and to advise with the Scotch commissioners that were there in the behalf of the Presbyterian party here in England and that is all in relation to that Afterward M. Drake read to me the copy of a letter in characters which he had written himself in his own back-shop which he told me should be sent to the Queen which was to perswade her to perswade the King as he came that way to close with the Scots for that was the likeliest way to make good his own interest but that was at M. Drakes house onely between him and I. Afterwards M. Drake told me he had disbursed money about receiving of letters and receiving of news and did wish me that I would let him have ten pounds and said he would speak to some others of his acquaintance to do the like and if he could get up a considerable sum I should have part back again for he said the charge was too great for him to undertake and I do think he had ten pounds of me for that After Dunbar fight there was I and some others at M. Loves in his great lower room where was a letter read that was said to be from Major General Massey that gave an account of the businesse of Dunbar and also did write for Arms I know not how many thousands and to that purpose that they might be provided by the way of Holland But upon that all that were there did say I heard no man speak of providing arms or any such thing He writ in his letter that for his own necessities and Captain Titus that was there that a motion might be made for providing some money to send over for their supply and it was then said we were so inconsiderable and so few that the sum spoken of could not be done and therefore it was moved that every one should do by himself and friends what he could This was the substance of that Att. Gen. I believe My Lord he hath dealt ingenuously with you This in the generall I pray you ask him what he knows concerning any letters that should have been sent at the beginning of the change of this government to Scotland from any part of England Major Alford For that I know nothing but heard Mr. Drake say that he had correspondency with some in Scotland and I have heard him use one Mr. Baileys name and he had a cypher which they writ by Att Gen. For the Swan at Dowgate he gave relation of that but who was present then Maj. Alford Truly my Lord it is so long since that I cannot positively tell but I am sure I can remember there was M. Huntington and William Drake and Lieut. Col. Bains And I cannot tell my Lord I think there was one Mr. Hall Att. Gen. Was Mr. Gibbons there or not Maj. Alf. Truly My Lord I cannot tell whether he was there at that time or no. Att. Gen. My Lord he saies Titus at that time did give relation of the Prince and his party Can you remember what that relation was and do you know whether this was not afterward communicated and to whom Maj. Alf. I have given you the substance of it but for communicating of it I knew it from none but onely from those there Att. Gen. Titus took time to draw it up Maj. Alf. He did so and at the next meeting at Breadstreet there were the same men again and I think at the same time there was Col. Barton Att. Gen. Was there no mention then when it was propounded to you to be a considerable party was it not said the ministers were to be acquainted with it Maj. Alf. It was asked Titus how the King should be possessed that this came from the Presbyterian party in England because it was agreed upon that there should be no names used to it he said there needed none but onely the ingagement of the ministers in it Att. Gen. What ministers Maj Alf. Truly he did not speak a word of any man that I know of Att. Gen. Was it not then propounded that Titus should be sent to the Scotch King before Commissioners came to him to have a correspondency settled between him and some others here Maj. Alf. I cannot say at that time but afterwards Whether at that time or any other J cannot tell but one time Titus said he had learned from my Lord Piercy which had hastened him over that this businesse was of that concernment that they that did undertake it should be there before the
remember at any meeting that there was money propounded for Captaine Titus or for Alfords being sent over to Calice Speak what you know of that and by whom it was told you Iaquel Major Alford himselfe told me he was to meet his son and he went over upon that score but after he was gone William Drake told me he was gone to see or meet Captaine Titus I am not certaine of the words and when he did come againe which was the next time I heard of him then William Drake comes to me and desired mee to goe along with him for I think he went up and down to every man Att. Gen. You thinke then that William Drake was the prime man Iaquel Yes hee was the Actor and the Agent that moved all Att. Gen. When Alford returned he desired you to go with him Iaquel To Mr. Loves house Att. Gen. VVhat was done at Mr Loves house Iaquel There were some papers read which Alford as I take it read or William Drake I am not certaine which but read it was of a relation that Titus came out of Iersy and had seen the King there and the Scots Commissioners and that the King had a great inclination to agree with the Scots Commissioners and that he was a man of excellent inclinations and parts and had a great desire to agree but his Counsell and wicked crew about him would not let him and he said as I remember that the King was a kind of a Prisoner with them there and said his Counsell did hinder him or else if he were from them hee would agree with the Scots Commissioners At. Gen. You say this paper was read this Narrative was read and in Mâ— Loves house was not Mr. Love present Iaquel I am not able to say hee was when I came in I remember he was not in the roome and he was there two or three times while I was there but he was severall times called out Att. Gen. Doe not you know there was an agreement of a letter written back to Titus Iaquel I can remember no such thing but I think William Drake told me so as I remember but that was two years ago I do verily believe by what I conceived was of his writing L. Pres I could wish that mens consciences could not bee scrupled to believe so much of a Minister more then of a Magistrate I hold it pernicious doctrine for any man to think he is bound more to obey the Minister then the Magistrate I ask you then before the Magistrate here who was present at that meeting Iaquel William Drake I am sure and Major Alford was there and Captain Potter and severall others as I remember Master Ienkyns Att. Gen. This was in Mr. Loves house was it not in his study Iaquel I cannot tell that I say as I conceive that Master Ienkyns and Master Case were there but positively I cannot say it and Mr. Iackson and Mr. Nalton I think Att. Gen. VVhat say you of Mr. Watson Iaquel I think he was there Att. Gen. What say you of Mr. Herring Jaquel I think he was Att. Gen. VVhat say you of Mr. Cauton Iaquel In truth I cannot tell Att. Gen. VVhat say you of Mr. Robinson Iaquel I think he was Att. Gen. What say you of Mr. Drake Iaquel Yes Att. Gen. VVas Colonell Vaughan there Iaquel Yes I conceive he was there Att. Gen. Was Master Iackson there Iaquel Yes Att. Gen. Was Capt. Far and Capt. Potter there Iaquel I believe so Att. Gen. Was Mr. Gibbons there Iaquel I cannot tell Att. Gen. What say you of Mr. Sterks Iaquel No Sir I do not know it Att. Did you not know him to be the Scotch Agent Was he not taken among you to be an Agent from Scotland Iaquel Yes he was a Scotch man At. Gen. And for contribution of money what money did you pay and to whom Jaquel Two five pounds to Mr. Drake At. Gen. For what use Jaquel For charitable uses At. Gen. Then he asked it of you so or for that purpose but afterwards What did you learn it was employed about Jaquel Sir he did not tell me how he did employ this money but afterwards I heard him say that he had sent Titus money At. Gen. What did you contribute to Sterks his going into Scotland Jaquel Ten shillings At. Gen. And who else did contribute that was there and how much was the sum that was collected Jaquel I cannot tell At. Gen. How much do you guess or have heard Jaquel Four or five pounds I think At. Gen. Ask him who gave the Scotchmen money Jaquel Truly I did give several Scotchmen money both to poor Ministers and others that were banished by the Act because I knew they were very poor and knew not how to get away and I did it out of charity towards them L. Pres Because the State had an ill opinion of them therefore you had a good opinion of them Jaquel There was one Minister that had twelve children that was banished At. Gen. Were you at any meetings at Mr Loves after Dunbar fight Jaquel No not I. At. Gen. At what Fast were you at and who officiated at those Fasts Jaquel I was at Major Adams and Colonel Bartons At. Gen. Who did exercise at those Fasts was Mr. Love Mr. Jenkyns Mr. Case any of them Jaquel I believe they were I conceive so I profess I cannot remember I believe Mr. Jenkyns was there At. Gen. Was not Mr. Love one of them Jaquel Yes he was At. Gen. What was the occasion of those Fasts Jaquel I know no particular occasion but for the good of the two Nations At. Gen. How do you know they were for the good of the two Nations was it not for an agreement between the King and the Scots Jaquel I confess it was for the good of both Nations as both Nations are the Church of God and do both profess themselves Protestants and of one Religion and I conceived it was my duty to pray for the good of them both At. Gen. But was there not some expressions for a blessing upon the Treaty at Breda Jaquel I cannot remember such expressions for in such duties I desire to have my heart lifted up unto God And my Lord it is a great while ago L. Pres Will you say your heart is lifted up unto God when your understanding is in your heels Jaquel My Lord I do not remember one passage in prayer a week after At. Gen. That is in ordinary meetings but this was for both Nations but by what did you know that this was for the good of both Nations and why was it pretended to be for the good of both and my Lord why they should not meet before but just at that time and at a private Fast Jaquel I think that since the Nations of England and Scotland were at oddes I have been at twenty Fasts At. Gen. My Lord ask him whether he were
not late with Potter and did not meet with him about Letters from Bamfield and whither they went to read them Jaquel This was about February or March last he told me he received Letters and desired me to go along with him to Mr. Loves and after Dr. Drake came in and then these Letters were read and I profess I know not from whence they came nor the man and so did Mr. Love declare That he never saw nor knew nor heard of Bamfield before At. Gen. Did he not make mention of Parties in Scotland that one party was for the King another for the King and Kirk a third neither for King nor Kirk Jaquel Yes At. Gen. But who were those he named that were men for the King Jaquel I think Hamilton and his party At. Gen. And who for the King and Kirk Jaquel Argile and Leshley At. Gen. And who neither for King nor Kirk Jaquel Straughan and Car. At. Gen. What did he tell you of the young Kings escaping Jaquel Something there was in that but he was fetched back again At. Gen. What said he of Argile Jaquel Nothing at all as I remember At. Gen. Was there not an expression That they were now agreed to receive in the whole Nation unless it were those that were notoriously scandalous and excommunicated Jaquel I believe there was At. Gen. Did it not mention five thousand pounds for providing of shipping Jaquel Yes in the Narrative or Letter whether there related at that time I know not At. Gen. And what mention was there made who were fit to command in England if that party should come from thence into England Jaquel I conceive there was three Noblemen At. Gen. Name them Jaquel My Lord of Suffolk my Lord of Warwick and my Lord of Manchester or either of them At. Gen. That was prepounded by Bamfield but I hope those Lords were more noble then to do any such thing Was there not another Letter that came with that of Bamfields sent by my Lord of Argile and it was onely That there should be an apbrobation of him And was this Letter likewise read at the same time and at the same place Jaquel Yes my Lord. At. Gen. What was then propounded for money to be raised for Bamfield Jaquel Truly Captain Potter did make mention for Forty pounds to be raised Ten pounds for Colonel Bamfields man and thirty pounds for Bamfield himself but that business at the reading was wholly declined and absolutely refused by all to act any thing in that relation in which it was sent over whereupon Captain Potter did move that if nothing were done in that whether it were not convenient to send the Messenger something to bear his charges says he If you will pay the messenger Ten pounds and send Bamfield Thirty pounds I will give the messenger the Ten pounds but there was no Agreement not Conclusion I know of no Bill of Exchange that was sent but Captain Potter said he would lay down Ten pounds At. Gen. But no body spake against Captain Potters laying down of Ten pounds and it was propounded to you to lend Ten pounds and you said you would consider of it but did Potter lend it Jaquel I cannot tell that my Lord he said he would do it At. Gen. My Lord let now Master Jaquel tell you what was the cause why they did refuse to do any thing in the Letter about Five thousand pounds what was the cause upon the debate between you at Mr. Loves house why you did refuse to do any thing about the Five thousand pounds Jaquel The debate was soon over for we absolutely refused it we would not meddle in it not liking the business it was a trouble I am confident to them that heard it read At. Gen. You do not remember that ever any body did acquaint the Magistrate with the design in working from Scotland Jaquel No not I. At. Gen. Did not some say That Bamfield was a malignant Jaquel I cannot tell but I never heard of him before At. Gen. Were you not told he was a Cavalier and of the Kings side and that that was the true reason why they would not trust him Jaquel I do not remember any such thing At. Gen. Did Mr. Love agree for Ten pounds for Bamfields man and Thirty pounds for Bamfield Jaquel No I cannot say so At. Gen. Did not Major Alford tell you upon his return from Calice that he was sent thither to take an account thence Jaquel He did not but William Drake did tell me that he was gone to Calice to speak with Captain Titus At. Gen. And to take an account of the transaction at Jersey Jaquel Truly Sir I cannot say that but William Drake told me he was gone thither to speak with Titus and this is above two years ago that William Drake told me so At. Gen. To what end Jaquel To tell and hear news At. Gen. What did he do more Jaquel I profess in the presence of God I cannot tell Sir I beseech you for in the Paper I told you before there were some circumstances and something that I cannot say but it was to this purpose To speak with Titus to hear the news from Jersey but I cannot say certainly that word At. Gen. We do not press you to the word but to the effect of it my Lord I think Mr. Jaquel hath given an account already that this relation was at Mr. Loves house Mr. Jaquel let me bring one thing to your remembrance if it be true At your meeting at Mr. Loves house upon this business of Bamfields Narrative you say Thirty pounds was moved to be sent to Bamfield and Ten pounds to his man Jaquel Yes by Captain Potter At. Gen. And when it was then said it was thought fit by Mr. Love Mr. Drake and Captain Potter that it should be so done whether did you not all agree that it should be so done Jaquel No there was no agreement but it was thought convenient or to that purpose Att. Gen. It was thought convenient by all the company present Iaquel Truely Sir there was not much regard taken in that businesse nor was there much done for we did not stay long but there were such words Att. Gen. But by all present Jaquel Yes there were such words Att. Gen. Whether were not some friends at dinner at Dowgate and was not Mason there Iaquel My Lord There was a Gentleman there I cannot say who he was nor did I see him before or since Att. Gen. Who did they tell you it was did they not tell you Mason Jaquel I professe I cannot remember that nor can I tell but I conceive it was so Att. Gen. In your Examination you say it was Mason Iaquel I said I conceived so Att. Gen. Why did you believe so Iaquel I cannot tell but as I remember William Drake told me It was so Att. Gen. Whether when Bamfields letter came and the letters from my
Far. Yes my Lord. Att. Gen. Was it not propounded likewise that some should be sent to the King to perswade him to give satisfaction to the Scots Far. It was propounded by Titus but not approved of Att. Gen. But did you not agree to send to the Scots that you did agree to and were there not heads which Titus or Drake did undertake to write and afterwards were drawn up Far. I saw no letters Att. Gen. But did not Drake tell you he had sent them to Master Baily in Scotland Captain Far being at a stand the Atturny Generall asketh him again Did not William Drake tell you a letter was sent accordingly into Scotland Far. Yes he did tell me he had sent letters Att. Gen. My Lord let him give you Lordship an account before the Treaty at Jersey where Drake met with him and what he propounded to him whether to send to Jersey and what persons and upon what message Far. Mr. Drake did say that Captain Titus did say It was requisite for one to be at the Treaty at Jersey and I had it from Drake that Titus did undertake to go himselfe thither Att. Gen. What was his imployment to be there and what money was to be raised for him Did he tell you he wanted money Far. After Mr. Drake desired I would help him to ten pounds and Titus was in want of money to relieve his necessities and upon this request I did leave ten pounds in Mr. Drakes Ware-house VVas Drake present Far. I think he was I was promised it again but never received it At. Gen. My Lord Let him inform after this negotiation of Titus was ended at Iersy whether there was not a letter written by Titus and whether this was not read in the presence of Mr. Love and some others and whether at Mr. Loves or no L. Pres Upon the ending of the Treaty at Iersey and Bredah were you not present at Mr. Loves house when it was signified from Titus that it was not convenient for him to come into England because he thought he was discovered to the Councell of State and desired some body to be sent to Calice to take an account there of his negotiation Far. Yes my Lord I was there Att. Gen. Where at Mr. Loves house Far. Yes Att. Gen. In what part of his house whether in his chamber or study Far. In his study as I remember Att. Gen. Was the letter read there and who read it Far. William Drake read it At. GeÌ„ What was the substance of the letter as you remember Far. It was forsending one over to Calice At. Gen. Was Mr. Love present when this letter was read Far. Yes sure he was present Att. Gen. Was it agreed that one should be sent to Calice to take an account of it Far. It was desired and I was propounded to go Att. Gen. Who named you to go Far. Mr. Drake Att. Gen. What was the occasion that Major Alford did go Far. It was his Sons being there that was gon from him Att. Gen. But then it was agreed that Alford should go When Alford did return from Calice again and there was an account given of his imployment Where was this account given and where were those papers read that did give the account Far. It was given at Mr. Loves but I cannot say he was present at that for he was absent sometimes I cannot be positive to say he was present I do conceive he was present but cannot positively say it Att. Gen. What was the substance of the account given by Alford or Drake or who read it Far. It was a Narrative that he had been at Calice and what entertainment he had At. Gen. VVas there a copie of a letter brought thither written from the King to the Presbyterian party Far. I cannot say he brought it At. Gen. What was the substance of the letter Far. To send Commissioners to the Treaty at Bredah Att. Gen. What else was in the letter Did not the King of Scots declare in the letter that he would give satisfaction to the Scots and in order thereunto he desired Commissioners Far. It is so long since that I cannot remember it At. Gen. I ask you whether it were not to this effect to declare that he was willing to give satisfaction to the Scots and to that end desired the Presbyterian party to send commissioners to Bredah Mr. Love This is grosse darknesse for you to dictate words to him and then to say VVas it not thus or to this effect and so to put into the mouthes of the witnesses what you would have them say At. Gen. VVhen you go in darknesse it is grosse treason Mr. Love Eight witnesses have not proved that I either wâ—it letter or received letter or lent money Att. Gen. VVhat was the effect of the letter Far. It is so long since that I cannot speak particularly but it was to send commissioners At. Gen. The copie of the letter that came from the King by Major Alford Far. I do not say so Sir L. Pres Such a letter as they conceived to be brought from him as they read At. Gen. What was that Far. That he had been with Titus and did bring the Narrative from him or to that effect Att. Gen. Was it not to be communicated Far. Yes it was so L. Pres What was the Narrative read from Titus who were present at this meeting Far. There were severall there but I cannot positively remember any Att. Gen. Was Mr. Love there Far. I cannot say he was L. Pres Was Doctor Drake there Far. I cannot say positively that he hath been at any meetings L. Pres When you were of this meeting and Major Alford returned this at Mr. Loves house was Doctor Drake there Far. I cannot say it L. Pres Was Mr. Jenkyns there Far. I cannot say it L. Pres How many were there Far. About ten or twelve Att. Gen. Ask him whether this meeting when this letter came from the King advising to send Commissioners to treat with the King at Bredah Whether was there not a Commission named and persons named to treat Far. William Drake read papers but it was not agreed upon by the Company because private persons could not give commissions L. Pres Was it not debated at that meeting for a Commission to be sent accordingly Far. Wil. Drake read papers there that was in the nature of a Commission but it was not agreed upon by the Company because private persons could not do such a thing L. Pres Was it not in order to the Treaty Far. It was to advise with them about the Treaty Att. Gen. Was it not read in the presence of the Company Far. The Commissions and instructions were read in the presence of the Company but they were not agreed upon Att. Gen. Was it not in the name of the Presbyterian party in England Far. As I do remember the Commission was in the name of the Presbyterian party for I did but onely hear it read Mr. Love
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
and divers persons in hostility against the Commonwealth of England and received by the Confederates in Master Loves house and there were read and debated though they did not agree to some particulars yet they are Actors They are in the very intelligence it selfe and did likewise return severall letters My Lord this Intelligence was with the Scotish Nation which truly my Lord I do conceive hardly an English man that had the blood of an English man running in his veins would joyn in confederacie with that Nation of all the Nations of the world against this Common-wealth a Nation that hath been known and I am sure the prisoner at the Bar is well read in the Histories and Stories of this Nation to have been a constant Enemie to this Nation in all ages through the memory of all Histories and my lord of late not three yeers since came and invaded this Nation with a Puissant Army which it pleased God to deliver us from and this the Prisoner could not be ignorant of that we had lately a fight with them at Dunbar that hostility could not be unknowne unto the prisoner at the Bar neither and yet for all that to confederate with a Nation that were such constant enemies to us My lord I could not conceive it had been in the heart of an English man much lesse in a Minister and Preacher of the Gospel among us My lord There are some particular charges upon him more then upon any of the rest After Drake fled away being doubtfull that his secret Traiterous Plot would be discovered Mr. Love supplied his room all the meetings and confederacies and letters and Agitations in this businesse were constantly at Mr. Loves house himselfe being present And my Lord mony as I said before by Mr. Love himself desired to be raised for the furthering of this design and severall summs of mony were raised I shall trouble your Lord-ship with no further relation but leave it to the proof that was made before your Lordship and the Court. Sir Thomas Witherington the second Councell for the Common-wealth Sir Th. Wither My Lord Mr. Loves Defence which he made for himself as he did it for his life so he took a great deal of pains in it and was very accurate in the Defence he made especially in the Witnesses My Lord I shall not take upon me for it is not my charge at this time to reply unto the whole Defence that Mr. Love made My Lord That I shall say shall be in two particulars for Mr. Love divided that which he said into four parts the first concerning the Charge the second concerning the Witnesses and Testimony and 3. concerning himself and 4. concerning some proposalls to the Court. My Lord I shall onely meddle with that which is concerning the Witnesses and 2. to some part of that he said concerning himself I shall only reply as to these two and the rest I shall leave to Mr. Atturny Generall that better knows what is for the advantage of the Common-wealth My Lord I shall begin concerning the Witnesses to clear them for now we are in our reply for the Common-wealth Mr. Love who did professe a very great deal of ignorance in the Laws of the land yet he did insinuate something that implied some knowledge of them in that my Lord he took some exceptions to the Witnesses my Lord I take it that these exceptions were 1. That the witnesses were not Probi testes legales And 2. That they were Participes criminis and that indeed is included in the other My Lord First I shall speak to this that the witnesses produced against him are Legales Testes they are competent witnesses and sufficient witnesses without exception against them I shall first speak to that they are Testis legales for Mr. Love did object that they themselves confess'd themselves to be guilty of the same crimes and so their confession is upon the matter a conviction and so they are convicted of the crimes in which they are witnesses against him and so are not competent witnesses My Lord I shall clear this under favour I take it they are very clear and good witnesses notwithstanding the Exceptions And my Lord this I take to be a very plain case the case which is in our Common Law the case is which proves it fully For if a man be accused of High-Treason indicted of High Treason and will confesse the Indictment and become an Approver yet he may be a witnesse against all those parties guilty of the same Treasons with himselfe he is particeps criminis with them and they with him and yet this man thus becoming an Approver will at Common Law be a witnesse and a legal and good witnesse against them My Lord I shall a little open that because it clears the case My Lord an Approver can only approve it is true that is when a man is indicted of High Treason and other his Accomplices with him and he upon the Indictment sayes it is true and then desires he may have some thing assigned to him and then hee accuses such and such persons of the same crimes in this case this man after he hath confest the Indictment and takes his corporall oath to reveall all Treasons he knowes in the Indictment for he can accuse no further after this done he shall be a witnesse he is a witnesse against those with whom he is Particeps criminis Nay my Lord it is of merit and Justice that he shall have this reward he shall be pardoned his life Now that I prove to you because that shews the reason that even the man after Indictment and Confession yet being an Approver shall be an Accuser of his brethren those that were Participes criminis with him and a good witness and the reason of that goes to this case in hand For although these men had a hand in the same plot and design with him and have confest and did confess it upon evidence that they were there present and did many things yet I take it they are clear competent and good witnesse and that is no Objection against them that they are Participes criminis My Lord if the law were otherwise it were impossible to prove many offences for many offences cannot be proved but by some men that had a hand in them Jn an ordinary case an action of Trespass and false imprisonment if three men are guilty of it it is an usuall thing in Courts of Justice to admit one of them a witnesse true they are not parties in the action and so may be witnesses for these things may be so secretly done otherwise that their Treasons could never be revealed to recover against the prisoner There is a case I think in all our knowledge it is the case of the Earle of Castle-haven he was accused of a very grievous Fact the witnesses which came against him were one or two Footmen that were Participes criminis in the very same fact and
these men by the Opinion of the Judges were competent witnesses My Lord he was arraigned indicted and convicted and suffered death nay it is very true that one of these persons was afterwards hanged for the same offence so that I think under favour as to that I take it that they are cleer and good witnesses notwithstanding that objection The next objection is that they were not probi testes Truly for that my Lord I must appeal to your judgment in it whether these men be not probi testes houestes too for in case of an approver as I mentioned before that man that accuses his brethren upon the same Treason it is said that of merit and justice the King ought to grant him his pardon For they that discover the Traitors against the Commonwealth these certainly are probi testes and good Common-wealths men and so I take it that this is no objection against them in that but as before they were legales testes so they are probi testes My Lord I mention these things to shew that the witnesses for the Commonwealth are good and competent in this case The next objection touching these witnesses is that though they be admitted for good witnesse yet there is not to any one fact two witnesses There is not any one of the most criminall parts of the Charge proved by two witnesses And so as before they were incompetent in regard of the quality and participancy of their crimes so now he would make them incompetent for want of number My Lord I shall first agree to the ground of this objection for truly my Lord I take it that it is by the common and ancient law of England that in cases of Treason there must be two witnesses and it is by a law more ancient then that that is by the law of God But my Lord it is true the law of this Land is explained by severall Statutes the Statute of the first yeer of Edward the Sixth and the fifth yeer and the second yeer of Philip and Mary My Lord I take it upon all these Statutes the one Statute sayes To accuse another there must be two witnesses I take it the accuser and witness are all one that is the same that in one Statute is called a Witnesse in another is called an Accuser But there must be two that is the objection But then give mee leave to consider this Case and to consider how those two witnesses shall be My Lord I say under favour that in a Case that consists of a complicated fact that is the reiteration of many actions my Lord I conceive none of these lawes are to be intended that for every of the particular facts there should be two witnesses that cannot be the intention of any of these lawes that in every particular fact that is to say whether Mr. Love was present at the reading of the letters if you have one witnesse to that another for the writing of them another to the sending of them though these three witnesses speak to severall parts of the businesse yet they are a concurrent testimony for all agree to the fact I well remember my Lord a Case in the Star-chamber against B. of Leicestershire I think there was an information against him for Bribery and extorting of Fees The matter came in the conclusion that one man proved a bribe and another man proved a bribe one proved a bribe of forty pounds and another a bribe of forty pounds but there were severall witnesses to severall bribes The question now was whether he took bribes or no And these tending to the same generall Charge it was the opinion of all the Judges that he did extort and take bribes The one witnesse spake to one bribe and another to another and in that Case as two witnesses made good a charge against an offender yet in that case it was taken that where witnesses though they speak not in every particular yet all tending to the same generall Charge of Bribery these were taken for plurall witnesses and that was a good conviction That was the opinion of the Judges then I mention this Case onely for an instance to expresse my self in this For Mr. Love cannot expect that to every particular thing laid to his charge two witnesses should be produc'd But my Lord when one witnesse proves this thing he hath done this letter hath he written and another that another thing he hath done which all tend to the Treason now these are more witnesses and two or three witnesses of the same thing though not to the same individuall thing it is So that upon the matter they are concurrent witnesses in this complicated fact though not concurrent in this or that circumstance for that is impossible almost in any action to be done But then Mr. Love did further inlarge this objection which was out of a saying he had That in case of Treason Probationes opportent esse luce clariores The proof must be as cleer as the Sun Truly my Lord it is very hard that works of darknesse should need so much light for discovery and that so cleer a proof should be necessary when the things are done in darkness and secrecie My Lord I think under favour though in this particular we have our witness as I do take it to speak very plainly and cleerly for it is their owne faults if they doe not for they were present at the meetings at the Consultations and Debates But yet I do observe That in this case things were carryed on in a very secret manner for I do observe first at these meetings all of them were done under a disguise every thing acted in this businesse I observe it upon evidence first That the very meetings themselves They go under the Title of Prayer and Fasting for so Huntington told you he was spoke to go to prayer at Mr. Love's house The Contributions made for raising of money for sending of Messages and dispatches was under the disguise of charitable uses so that here was darknesse all along And then for the Letters there was no names subscribed to them all were done without names only the letter L. was upon one And the place truly I must say that was obscure too for what man would have thought that the place of meeting should have been Mr. Love's house a man that hath been so much for and shewed so great an affection to the Parliament as he said himself in substance a man would sooner have thought to have found this Treason in any Cellar in London then in Mr. Love's house For the Instructions for the directions and Dispatches some were sent in Table-books written in Sack in a Table-book But my Lord I am afraid in the conclusion the Letters will be written in blood But my Lord this I do observe that through these difficulties though we past through our Evidence yet your Lordship heard how plain the proof was in most particulars My Lord I shall say no more
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
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
one sent to him and there it was propounded for some to be sent Adams was propounded for him to go Farr propounded for him to go but not them but Alford was agreed to go and did accept of it but not that he was there my Lord. My Lord for this I shall crave the same favour from you to read Adams and Farr as to that particular This is Major Adams It was moved in M. Loves house M. Love being there present that I should go to Calice to meet Titus but Alford going thither did at his return give an account of the state of things at M. Loves house My Lord that I read him for is for that part that it was moved in M. Loves chamber M. Love being then present that I should go to Calice to meet Titus it was moved that Adams should go my Lord this I read to show M Love was privie to this before the Messenger was sent My Lord the next is Capt. Ralph Farr I was in M. Loves house in his Study wherein in M. Loves Study a letter was read from Titus desiring one might be sent to him to Calice and thereupon it was moved that I should go but afterwards it was agreed that Alford should go who went accordingly That is now as to that particular that before any man was sent unto Calice it was made known in M. Loves house and some propounded for to go and at last another did goe this my Lord I offer to you as that which will not be controverted by M. Love for I have read you two Witnesses to it The next my Lord is in which I think we doe not differ but that when Alford had been at Calice and had taken the account that Titus gave him the copy of the letter which he said was from the King to the Presbyterian party here the Narrative of all the Transactions and Proceedings at Jersey that upon his return I think we do not differ nor is it denied I am sure M. Love acknowledged it in his last Defence because proved by four therefore confessed my Lord that this Narrative the copy of this letter was read in his house and for that I have the testimony of Adams Alford Jaquel and Farr which if it be your pleasure I shall humbly read unto you The first is Major John Alford Having received at Calice a Narrative in writing of Titus his transactions in Jersey I brought the same to Drake to whom it was directed Now it appears to whom the direction was and he brought it to M. Loves house where it was read afterwards there was a Commission so called but my Lord if you please that is for this in the first place That this Narrative brought from Titus by Alford was read at M. Loves house The next is Adams But Alford going to Calice did at his return give an account of the state of things at M. Loves house which account was the Narrative from Titus and the copy of the letter said to be the Kings letter The Contents whereof I remember was as followeth The King expressed a great deal of affection to the Ministry in generall in England and promised them great favours when he was in a condition and desired them to continue stedfast in the way they were in which letter was read and publish'd in M. Loves Study and M. Love was there sometimes of the reading at the same time a motion was made of giving thanks to Titus for his well managing affairs there and at the same time the Commission and Instructions were So that here is another testimony that this was done at Mr. Loves house the Narrative sayes this Gentleman and the copy of the Kings letter My Lord the next I shall read unto you is Mr. John Jaquel After Alfords coming home I was at Mr. Loves house where was Potter Drake and Alford and Mr. Love was there some times though diâ—ers times some body came to speak with him and called him and he went to speak with them A Narrative from Titus was there read by Alford or Drake wherein was declared the Kings inclination to make peace with the Scots but his wicked Councel hindred him I think it was a Narrative of what had pass'd between the King and Titus at Jersey This is that that Jaquel sayes The next my lord iâ— Far Alford being returned he gave account of his imployment at Mr. Loves house A copie of a letter was there read from the King to the Presbyterian party in England the substance was to send Commissioners to the Treaty at Breda The Narrative brought from Titus was communicated at Mr. Loves house where were present ten or twelve persons So my lord you have heard these four witnesses what they have said concerning this Now you shall give me leave to make application of this to the former I shall crave you favour to go thorow this There follows more at Mr. Loves house this is not ended yet My lord after this there was somewhat propounded to be done upon this Narrative and a letter from the King somewhat was propounded at this meeting My lord then there was as I know the Court remembers speech of a Commission that was somewhat controverted There was speech of a Commission and a Commission read Mr. Love ingenuously acknowledgeth and it was proved and he declared his dissenting from it and that he was against it because as private persons they had no power to do any such thing But my lord that there was a Commission read there brought by Drake I do not say that this proves that Mr. Love corrected it That there were Instructions and letters read for to be sent over I think is not denyed but my lord for that if you please I shall read you the witnesse The first is Alford Afterwards there was a Commission so called agreed among us sent over to the lord Willoughby of Parham Massey Graves and Titus at Bâ—eda to advise with the Scots Commissioners there in behalf of the Presbyterian party in England This Commission was read in Mr. Loves Studie and at the same time Instructions for the Commissioners to walk by were agreed on to be sent which Commission and Instructions were the substance of the Petition formerly sent to presse the King to take the Covenant and to prosecute the ends of it This Petition was I conceive what was formerly agreed upon at Dow-gate which Commission and Instructions one Mason the lord Piercy's man carried over This is Alfords testimonie as to this And being ask'd by Mr. Love Did not I dissent from sending the Commission and Instructions he sayes this It was agreed in the generall that the Commission and Instructions should be sent Mr. Love being then present All present are Principles my lord My lord in the next place is Major Huntington's testimony and the first is this That at Mr. Loves house in the beginning of March 1649 I found Drake and others and there was read a paper in the nature
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
the evidence for I tell you the evidence was ended the last day and your reply and if you had any thing you should have offered it the last day here hath been nothing new offered concerning you but as it is usuall for the Councell for the State to state the matter of Fact to the Court for they have the last word but you had fully ended before and shall we go out of the way for you more then for a whole Generation which the law runs uâ—to I do not know how to do it you had this paper in your pocket you might have pulled 〈◊〉 out aâ—d you â—â—ve had time in a nearer degree to it yet the Court is willing if you 〈…〉 Couâ—cell shortly read what you read upon for matter of Law they will hear it if such exceptions as are not of your own but by the advice of Councell Mr. Love gives in his Exceptions Exceptions taken by Chistopher Love Clerk To the Charge of high Treason and other high crimes and offences exhibited to the high Court of Justice against him by Edmund Prideaux Esq Atturney Generall for the Common-wealth of England These Exceptions are not here printed for that they come in more properly afterward being again in substance given into the Court and signed by Mr. Loves Councell and the substance of them then debated in court by Mr. Hale a Councell for M. Love Att. Gen. My Lord you have now some fruits of the Notary By the law of England he that is impeached of high Treason is not to have the copie of the Indictment it is said the Court are Judges for the prisoner and Councell for him To you all things be substantially charged That there is a substantiall Charge the evidence makes out But this precedent being admitted and the former of Lilburn's cited I shall have little encouragement to go on with any Charge of Indictments L. Pres Though it be more then the law permits yet the Court will take consideration of it Att. Gen. He did read his papers I think it is more then ever was heard of in any Court in the world but to take his papers in by your Clark I hope this is no Replication to the Charge I hope he answers not that way then we shall dispute that way again If he give papers I may and as Embassadors treat by papers L. Pres Mr. Love we have gone out of our way for you and whatever hath been suggested by the Councell this day is nothing unlesse they had offered new matter and they have offered none and therefore it is against any law that was ever yet practised in England You were concluded before though haply the neglecting of it might have been a prejudice to you yet you have offered a paper which the Court will take as a paper to consider of The Court adjourns into the painted Chamber And upon their return the Lord Pres speaks L. Pres M. Love our long absence upon this account may seem to you and others that we have had something of great difficulty among us which we have considered of That which hath been upon your papers last offered in which you have set down the parts of the Charge and the Statutes and your Exceptions These we have considered of But to these though you do affirm it here to us that it is by advice of your Councel yet it is not under your Councels hand nor your own which in order it should be we have considered of them and our examining of them hath taken up a great deal of this time we have been absent We finde that there may haply be some mistakes in your Notes Therefore it is resolved though there seem not much difficultie to us yet you shall have Councell thus doing that they shall set it down under their hands what matter of law they will argue to and bring it under their hands upon Tuesday next at eight a clock to this place or to the Painted Chamber Mr. Love Shall the Councel have onely bare liberty or will the Court assigne them me L. Pres If you desire it and name them they shall be assigned you M. Love I desire Mr. Maynard Mr. Hale Mr. Waller and Mr. Archer The Clerk was called upon to read the Order Clerk Friday the 27 of June 1651. Ordered by the High Court of Justice That if the Prisoners Councel shall under their hands assigne any matters of law fit to be argued and presented to this Court on Tuesday next at eight a clock in the morning this Court will take the same into further consideration Mr. Love I would know whether they are assigned to plead here in Court or to bring a paper under their hands L. Pres If they will under their hands set down what they will stand to for law it shall be considered and they shall plead M. Love I humbly thank your Lordships favour and the favour of the Court. Mr. Love is commanded away The Court adjourns The fifth Dayes proceedings July the 1. 1651 These Exceptions following signed by Mr. Love's Councell were delivered this morning by Mr. Love's Solicitour into the Court sitting in the Painted Chamber Exceptions to the Charge of High-Treason and other High Crimes and Offences exhibited to the High Court of Justice by Edmund Prideaux Esq Atturney Generall for the Commonwealth of England against Christopher Love Clerk And Matters of Law humbly presented to the said High-Court according to the Direction of an Order hereunto annexed For this Order see the fore-going page First THe Charge is That Christopher Love as a false Traitour and Enemy to the Commonwealth of England and out of a Traiterous and wicked Designe to stir up a new and Bloody War and to raise Insurrections Sedition and Rebellion within this Nation in severall dayes and times that is to say in the yeers of our Lord God 1648 1649 1650 1651 at London and in divers other places within this Commonwealth of England and elsewhere together with William Drake and divers other persons did traiterously combine confederate and complet together to stir and raise Forces against the present Government of this Nation since the same hath been setled in a Commonwealth and Free-State without a King and House of Lords and for the subversion and alteration of the same The Act of the 17 of July 1649. is That if any person shall maliciously or advisedly plot contrive or endeovour to raise forces against the present Government or for the subversion or alteration of the same and shall declare the same by open deed that every such offence shall be Treason Exception 1. The words Maliciously or Advisedly are left out of the Charge 2. That the words of the Act are omitted which are Plot Contrive or Endeavour 3. It is not Treason within the Act to plot contrive or endeavour to stir up or raise Forces against the present Government or for the subversion or alteration of the same unlesse the same be declared by some open deed But
stand as they are L. Pres I but hee shall see whether there be any materiall variance between the Notary and the Charge At. Gen. That Notary was upon favour too Mr. Love will acknowledge it Mr. Love I do with all thankfulness acknowledge it my lord At. Gen. I desire it may be no president for after-times The Clerk If you please read your Exceptions M. Hales My lord we begin with the first and these are the Exceptions We take it that Charge is grounded upon the Act of the 17th of July 1649. and we take some Exceptions to that first part of the Charge that is concerning what offences shall be adjudged Treason L. Pres Read your Exceptions and then you shall hear the Charge M. Hales Our Exceptions are these first that whereas the words of the Act are That if any person shall maliciously and advisedly plot contrive or indeavour to stir up or raise Forces against the present Government or for the subversion or alteration of it that the words maliciously or advisedly are left out of the Charge which we conceive are materiall words At. Gen. Read M. Barnard the Clerk That he the said Christopher Love as a false Traitor and Enemy to this Common-wealth and Free-State of England and out of a traiterous and wicked design to stir up a new and bloody war and to raise insurrections seditions and rebellions within this Nation did severall dayes and times in the several years of our Lord 1648. 1649. 1650. 1651. at London and in divers other places within this Commonwealth of England and else-where together with William Drake late of London Mercer Henry Jermin late of London Esquire Henry Piercy late of London Esquire Richard Graves late of London Esquire Edward Massy late of London Esq John Gibbon late of London Gentleman c. and other their complices yet unknown did traiterously and maliciously combine and confederate themselves together and plot contrive and indeavour At. Gen. What say you M. Hales M. Hales Now we find what the inconvenience is of coming to put in our Exceptions when we have not a cleer copy of the Charge and that was the cause why we did subjoyn this that in case any mistake arise by mistake of the copies that we may amend it it is true we find maliciously is in At. Gen. Traiterously will be enough M. Hales I think not that is oveâ— for if it be maliciously alledged that is over Then the next thing we except to is he traiterously combined confederated and complotted together it is true there is plot in it but there wants the words contrive and indeavour but that is not the principall matter wee stand upon The Clerk They are in M. Hales Then that is answered too The next Exception that we take to the Charge is that the Act upon which this part of the Charge is grounded sayes that he must manifest it by an overt Act by an open deed now we say there is as we conceive nothing charged upon him in pursuance of this Act that is there is no overt or open deed laid in the Charge for the words of the Act are so that if any man shall maliciously plot contrive and endeovour to stir up or raise forces against the present Government and shall declare the same by open deed that then every such offence shall be Treason At. Gen. If M. Hales hath read the copy of the Charge as it was taken I think he findes divers of them in the Charge of open acts M. Hales The business is not whether there be open deeds but whether they are applied to this Act or be Substantive Charges of themselves At. Gen. I would ask him whether that open act must be in the Inditement or in the Evidence M. Hales In the Inditement it must be expresly laid in the Inditement or els it is no good inditement At. Gen. But for that that we may not dispute upon those things my lord there are the severall Charges against the severall Acts there are severall open acts that are laid in the Inditement and I think if he look upon it he will find that they are laid to every one of them and relate and refer to every one of them S. Tho. Wither There is writing of letters contributing of money and receiving of messages Mr. Hales That will appear by the subsequent parts of the Charge L. Pres The subsequent parts of the Charge will make that appear for if he did lend mony c. if they be really there we shall hear it by and by M. Hales I take it that the law is very plain that the Act must be mentioned in the Indictment At. Gen. But we will not debate that when we are expresse in the thing we are not so tyed to form as to pin them to every word of it The Clerk And further to carry on and accomplish the said wicked practice and design he the said Christopher Love divers dayes and times between the 29th of March 1650. and the first of June in the year of our Lord 1651. at London and other places as aforesaid did traiterously and maliciously give hold use and maintain correspondency and intelligence by letters messages instructions and otherwise L. Pres These are open acts Mr. Hales Then favour us in this we take it that between this and the first Charge there comes a particular charge that relates to Charles Stewart that is intervenient between the first charge and this that is now read or else we are mis-informed by the Prisoner and if there be so then we think our Exceptions will take place S. Tho. Wither It is all contained in one Indictment and then that that explains the overt act followes afterwards as a distinct thing in the Indictment and so it was in my Lord Cobhams case in that Indictment and in my Lord of Essex his case L. Pres He may make overtures M. Hales We confesse it but we supose it very certain that both as this Act is penn'd and as the Act of is penn'd which are much at one as to the manner of penning them there is of necessity an overt act to be laid to make good that general Charge that we conceive will be plain and that is admitted and agreed by the Lord Cook in his collections of the Pleas of the Crown fol. 12.13 where he saith the Indictment of the Earl of Somerset in the time of Edward the 6th and all other of the like form were against Law because he said that he did not follow the words of the act and that he did it per apertum factum and shews not what that open deed was that was not a good indictment for the fact must be set forth in the indictment that must be done Then the question is whether this be so done here or no we conceive by this Charge it is not so done here upon this ground we say there follows after this a particular charge concerning his promotion of Charles Stewart and
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
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