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
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
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
letters sent by him Mr. Adams Mason I do know and I do know he did receive letters L. Pres From whom M. Adams He said from my Lord Piercy Att. Gen. To whom were those letters communicated here M. Adams They were communicated to M. Drake and by M. Drake to my selfe and M. Alford and C. Potter and C. Far. Att. Gen. VVas M. Love privie to it M. Adams I cannot say that my Lord. Att. Gen. VVere there not letters sent to Scotland to them and back again hither about sending moderate propositions to the King M. Adams There was such letters L. Pres VVho writ them Mr. Adams That I cannot tell L. Pres Had Mr. Love a hand in them M Adams I cannot say he had I cannot prove a negative I cannot say he had not Att. Gen. What know you of the petition sent to the King M. Adams I know nothing of it only I was told of it L. Pres Who told you of it M. Adams I cannot my Lord fix it upon any particular man but I believe I was told of it by Alford or Far or Bains for I was not there at that time L. Pres What do you know about the meeting at the Swan at Dowgate Mr. Adams My Lord I was not there At. Gen. Then my Lord he may tell you what he doth know Mr. Adams My Lord upon our meeting in some place or other I cannot tell where I cannot tell the time nor the place but either at the Swan in Fish-street or at the Swan at Dowgate or in Cateaten street in one of these three places I cannot punctually remember Att. Gen. Who was at that meeting Mr. Adams Mr. William Drake Captain Titus Major Alford Captain Far Captain Potter and my selfe and I do not know how many more or whether any more or no. L. Pres What past there Mr. Adams It was there agreed that Captain Titus should go over to Jersy Att. Gen. What was he imployed about Mr. Adams The end of his going was to endeavour to work an agreement between the King and Scots according to the Covenant That was the end that was propounded And in order to his going wee did agree to furnish him with money for the present and made some kind of promise to maintaine him while he was out Att. Gen. What money was he furnished with Mr. Adams I cannot be punctuall in that but about a hundred pounds Att. Gen. Who should pay it Mr. Adams I paid twenty pounds of it but I cannot tell who paid the rest Att. Gen. To whom did you pay it Adams To Mr. Drake Att. Gen. My Lord Ask him whether when this was sent to Jersy was there not a return made L. Pres Well go on There was your twenty pounds gone Mr. Adams This is the substance of what I can say of his going Att. Gen. Was this twenty pounds that you laid out of your owne or did you collect it of some of the rest or did you gather any of it again Mr. Adams I cannot say that I did L. Pres Did you not Mr. Adams My Lord I tell you the truth I doe not know whether I did or no for I remember it was determined that we should gather it at that meeting At. Gen. Did not Mr. Love know of the collection Mr. Adams I cannot say he did it may be he might but I dare not say upon my oath that he knew of it Att. Gen. Ask him what return Titus made what answer and what account he gave Mr. Adams M. Alford went to Calice to meet Titus and Titus did send word that the Councell of State heard of his being there and thereupon desired that some body might be sent over to him for he had something to communicate which he could not well do by writing and thereupon Mr. Alford was sent Att. Gen. My Lord Ask him where the letter was read Mr. Adams The letter that Titus sent was read by Mr. William Drake Att. Gen. Where Mr. Adams At his house as I think for I cannot certainly remember I did not say upon my Examination that it was read any where Att. Gen. Whether were not you moved to go Mr. Adams There was some motion to that end L. Pres VVho moved it and where Mr. Adams VVho moved it I cannot tell it was moved I think in Mr. Loves Chamber Att. Gen. Was Mr. Love there Mr. Adams He was there Att. Gen. Did Mr. Love move it Mr. Adams I cannot say he did L. Pres He will not say it Mr. Adams I cannot say it upon my oath Att. Gen. My Lord so much he saith that it was moved in Mr. Loves chamber then he may give you an account of Mr. Alfords return and where the account was given Mr. Adams The returne of Mr. Alfords account was given at Mr. Loves house L. Pres VVhat was it Mr. Adams The return he made in generall was by a Narrative and a copie of a letter from the King there was with the Narrative that which was said to be the copie of a letter from the King L. Pres What was the substance of that letter Mr. Adams The contents of the letter as I remember was first he exprest a great deal of affection to the Ministry of England in generall and promised great favour when he was in a condition to do it and desired them to continue stedfast in the way they were in Att. Gen. Was this letter published at Mr. Loves study Mr. Adams It was read L. Pres Was Mr. Love there Mr. Adams Truly to be positive that Mr. Love was there I dare not say but Mr. Love was there at that meeting either at the beginning or ending but whether the letter was read at Mr. Loves house I dare not swear the Narrative from Titus was a very long one and very well drawn I cannot give an account of it now the whole of it was after this manner To give an account to us of all the transactions that had happened since his going out of England he did give an account of his usage by the Cavalier Party that was against the Kings agreement with the Scots because there was some did incline to his agreement with them and there was another party was much against it and he gave a very large account of that after that he went on describing his disposition and condition Att. Gen. This was the substance of the rest Was there not some propositions for giving of thanks to Titus for his so wel managing his affairs there Mr. Adams There was a motion made by some body L. Pres Who made the motion Mr. Adams I cannot tell Att. Gen. Was not an hundred pounds more to be sent agreed upon there Mr. Adams I think so Att. Gen. There was more money contributed who agreed to lend any Adams Sir To that question I cannot say who propounded it but that there was money sent L. Pres Who contributed Mr. Adams I did my share L. Pres How much was that Mr. Adams As I remember ten pounds
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
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
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
in the law that constitutes this Court. And no person shall voluntarily relieve any person in Arms or that shall be in Arms against the Parliament with any Money Victualls or Amunition on pain of death of other corporall punishment And whosoever shall voluntarily take up Arms against the Parliament and shall encourage others to do so shall die without mercy These my Lord are clauses contained in the Act that constitutes this Court and I read the law before the charge and now my Lord I have repeated the evidence faithfully now let it be considered howifar the evidence goes with them There are there Acts of Parliament I suppose Mr. Love knew not of the next for he says he knew not of that of the 2 of August but it was published solemnly at the Exchange and at Westminster Hall but ignorance cannot excuse him that no man will pretend This my Lord is in relation to Scotland it was made in August The Battel at Dunbar I cannot well tell whether it was in September or October in September this correspondency from Bamfield Argyle Lowden and Lowthen Belcarris Massey and the rest were all since Dunbar fight that is clear they were since that time the words of the Law are these Whoever after the 5. of August shall use hold or maintain any correspondency or intelligence with any of the Scots nation residing in Scotland without license from the Parliament or with any other person or persons of the Scottish or any other Nation whom they know to adhere to the Scottish Nation against the Parliament or shall abet assist countenance or incourage the Scottish nation or any other person adhering to them in their war against the Parliament and Commonwealth of England or shall send or cause to be sent and conveyed any money horse armes Amunition or any other furniture of Plate Goods Merchandise or any supply whatsoever to the Scots or to any port or place thereof or in their power or in confederacy against this nation these facts are High-Treason by this Law And the high Court of Justice are to take cognizance of the Contents by express provision of that Law My Lord I shall not need to repeat the evidence again but upon these my Lord I must leave him to your justice and judgement to do what in your consciences you think is just upon these Laws and what M. Love hath done in transgression against them My Lord M. Love was pleased at the beginning of this Triall to make some deep protestations I think he did move all honest men that heard him and truly I did think and did hope that they were not made with any relation to equivocation or mentall reservation but to a positive deniall of any facts of Treason or looking that way that it had been made in that sense that he had been clearly not guily of any thing But my lord having looked upon them and caused them to bee transcribed to me I doe finde that they are somewhat cautious and perchance they may be true my lord in the sense spoken by M. Love but whether true in the sense they should have been spoken by a Christian in a publike Assembly that I shall not judge His first protestation was in the presence of God and this Assembly that I never wrote any letter to the King or to the Church nor to the Queen or Church and State of Scotland in generall or to any particular person of the Scotch Nation since the war began to this very day My Lord this may be true but whether any letter hath been sent from the King or from the Scottish Nation or others or by Massie or the rest that shall bee believed as the evidence is M. Love It is in my second protestation At. G. Again saith he I do likewise declare in the presence of the same God I never received letter written to me from the King or from the Queen his Mother or from the Church or State of Scotland in general or any particular person of the Scottish Nation since the war began I protest declare likewise in the presence of the same God I never collected gave or lent penny of money either to send into Scotland or any forrain parts either to the King of Scots or to the Queen his mother to the Church or State of Scotland in general or to any particular person of the Scottish Nation since the wars began but that M. Love did not move others to contribute we have not a word of that Truly I did thinke it when hee spoke it But it seems these asseverations were studied to evade and that he would speake true but not the whole truth I have given them but a touch these may be true my lord but under favour there is something else that is as true and goes almost as neer as this My lord M. Love the last day had your patience and justice to make a large Defence and he was very large in it and though hee did beat us down that are the Counsell for the Publike that wee should not use Oratory nor flourishes nor Querks of Law nor Niceties in which I shall be guided by him and shall not doe it yet he is pleased fully to make use of all insinuations to the Court to trip up every Witness upon niceties upon not expression upon nonsense and such my lord which I shall not follow him in for I shall deale as truth ought to deale in pure nakedness and simplicity and not to use any Oratory but to set the matter of fact before you and leave it unto the Court who are the Judges between the Common-wealth and himselfe for life and death But my lord you shall give me leave to touch upon some few things in the late Defence of his It was divided into four parts The first the Charge the second the Witnesses and Testimony both in one The Witnesses for the persons the Testimony for the fact The third concerning himself the fourth some proposalls to the Court which truly my lord might better have been termed rather threatnings than proposalls My lord for the Charge you have heard it hath been gone through and the evidence concerning it concerning the Witnesses my lord I have read unto you for I do take it upon my conscience what I knew and nothing but what was true I have not varied that I know of a syllable and I think I ought not to do it the duty of my place requires it not from me My lord concerning himself he is pleased to say something and much of his merit but my lord it is a grief to this Court to my selfe and all that are well-wishers to the publike that any man that hath been a friend to the Parliament that hath gone along with them acted for them suffered for them done as he hath done that this man should bee called to publike Justice I hope my lord all that heare mee beare witness that I thinke my lord wee are all
the Charge is That Christopher Love did combine confederate and complet to stir and raise up Forces against the present Government c. and it is not charged that he said Christopher Love did declare the same by any open deed Secondly Whereas the said Christopher Love is by the said Articles charged that for the Subversion and alteration of the same and to carry on the said traiterous Designe that he did Traiterously and Maliciously declare publish and promote the eldest Son of the late King to be King of England meaning this Commonwealth without the consent of the people in Parliament first had and signified by Authority or Ordinance to that purpose The Act of the 30. of January 1648. is that no person do presume to proclaim publish or any way promote Charls Stewart son of the late King Charls commonly called the Prince of Wales or any other person to be King or chief Magistrate of England by colour of Inheritance Succession Election or any other claim whatsoever Exception It is not expresly charged that the same was done after the said Act made neither doth the Charge pursue the words or intent of the Act. Thirdly The Charge is that to accomplish the said trayterous and wicked designe the said Christopher Love on severall dayes and times in the yeers aforesaid at London c. together with William Drake and other persons did trayterously and maliciously invite aid and assist the Scots being Strangers to invade this Commonwealth of England and hath adhered to the Forces of the Enemies raised against the Parliament The Act of the 17 of July 1649. is that if any person shall procure invite aid or assist any Forraigners or Strangers to invade England or Ireland or shall adhere to any forces raised by the enemies of the Parliament or Commonwealth or Keepers of the Liberties of England every such offence shall be taken to be Treason Except 1. That it is not alledged in his Charge who in particular were the Strangers that were invited to invade England 2. That it is not alledged that at the times of the invitement aid and assistance laid in the Charge the Scots were strangers 3 That it is not alledged particularly in the Charge to the Forces of what enemies raised against the Parliament Christopher Love did adhere 4 It chargeth the Prisoner for a treasonable assistance in some yeers that were before the said Act of the 17 of July 1649 was made 5 To advance the said traiterous and wicked designe is uncertain to what designe it shall have reference severall charges of treason being before expressed Fourthly The Charge is That Christopher Love divers dayes and times between the 29th of March 1650. and the first day of June 1651. at London c. did traiterously and maliciously give hold use and maintain correspondency and intelligence by letters messages instructions or otherwise prejudiciall to this Commonwealth with Charles Stewart son of the late King with the late Queen his mother and with Henry Jermin Henry Piercy and divers other persons being of Councel and abiding with Charles Stewart By the Act of 26 March 1650. the matters charged herein are onely prohibited but are not made Treason Except 1. That this charge is mislaid being charged to be done traiterously 2 The charge is uncertain being alledged in the disjunctive or otherwise and shews not in what other manner Fifthly The Charge is That Christopher Love within the times and at the places aforesaid did traiterously and maliciously use hold and maintain correspondency and intelligence with divers persons of the Scotish Nation that is to say with the Earl of Argile and others of the Scotish Nation and with divers other persons of other Nations whom Christopher Love well knew to adhere to the said Scotish Nation in the War against the Parliament The Act of the 2d of August 1650. is that all and every person that shall use hold or maintain any correspondency or intelligence with any person or persons of the Scotish Nation residing in Scotland without the license of the Parliament the Councel of State or the Lord Generall or with any person or persons of the Scotish or any other Nation whom they shall know to adhere to the Scotish Nation in this War against the Parliament Except 1. That it is not laid that the persons of the Scotish Nation mentioned in the charge were residing in Scotland nor expresly alledged that they did adhere 2 That it is not averr'd that such correspondency was holden without the license of Parliament Councel of State or the Lord General nor in what war the correspondence or intelligence was held 3 It is not laid with what particular persons of any other nation adhering to the Scotish Nation correspondency or intelligence was holden nor of what Nations 4 This correspondency and intelligence is not laid to be after the 5 of August 1650. mentioned in the said Act of the 2d of August 1650. but refers to a time preceding that Act. Sixthly The Charge is That Christopher Love within the times and at the places before mentioned did traiterously and maliciously abbet assist countenance and incourage both the Scotish Nation and divers other persons adhering to them in this War against the Parliament And did send and convey or cause to be sent and conveyed Moneys Arms Ammunition and other Supplies to Scotland and other places and to the said Titus c. in confederacy against this Nation without license of the Parliament of England or Councel of State or Generall of the Army The Act of the 2d of August 1650. is that no person shall abbet assist countenance or incourage the Scotish Nation or any other person or persons adhering to them in their war against the Parliament and Commonwealth of England or shall go or send or cause to be sent c. any money Horse Arms Ammunition or other Supplyes into Scotland c. or to any person under their power or in confederacy with them against this Nation without the license of the Parliament of England Councell of State appointed by their authority and of the Captain Generall of the Parliaments Forces aâ— aforesaid Except 1. That there are no particular persons named who were abetted assisted countenanced or incouraged neither of the Scottish Nation nor of any other persons adhering to them 2. In the Charge the sending of mony c. is laid to be done without the license of the Parliament of England or of the Councel of State or Generall of the Army The words of the Act are without the license of the Parliament of England or Councel of State appointed by their Authority or of the Captain Generall of the Parliaments Forces 3. The time to which this refers is between the 29 of March 1650. and the 1. of June 1651. and so it takes in the time between the 29 of March 1650 and the 2d of August 1650. which is before the making of the Act. Seventhly The charge is That the said
five treasons and one act may be an offence against four or five Acts of Parliament and this is the truth for where the severall acts are repeated that my Lord are those lawes against which this treason and this treasonable practice and designe is laid to be then follows the severall enumerations of those practices designes and open acts of his now applyed by us But Mr. Hales would take them and apply them to one singly But I observe to your Lordship that those open acts of his are offences by an open act against the severall Acts of Parliament but it serves his turn for his Client to apply them so but I hope you will not apply them so but when they come between the offences and the overt acts follow it and the conclusion upon the whole that all those traiterous and wicked practices and designes are against the severall Acts of Parliament And if there be an open act so express'd in the impeachment that in law is an open act suppose it should be required to be express'd if there be an open act then I hope you will be satisfied when it hath been well proved if it be express'd in the Indictment an open act that I hope will satisfie your judgments and consciences especially when open acts shall appear to you to be an offence against the Acts of Parliament I shall leave this to your judgment and trouble you no further and you will finde in its place whether it be requisite or not L. Pres That that Mr. Hales said if it were a thing of absolute necessity in an Indictment then the conclusion will not help if the thing were of absolute necessity there charged and not charged contra formam Statutis will not do it but if I understand it right it is fully laid in this Charge that he did by open and overt acts do the thing it is laid so the words of open act are not but the value that is that he did by writing by words by messages by money and these are really overt acts though hee did not call these overt acts these are laid fully in the Charge and then if they be laid fully in the Charge and we satisfied in the full proof of that Charge that we have heard overt acts to maintain it then I think this cannot come within any of those cases that when an essentiall thing is left out of an Indictment there the conclusion will not help this I conceive so far Then the next What method or order this can be by setting down the Statutes and then withall these overt acts of letters of messages of money will reach to every one of the qualities that these Treasons are manifested by this act but if it were a treason of such a nature that none of these could reach to the manifestation of it then you say well but when these words reach to the manifestation of every charge laid in the Charge then it is effectuall and reall and the conclusion is sufficient Att. Gen. Before he goes to the next I shall crave your direction in it for I professe my Lord to you that I in drawing the Impeachments take not my self to be so strictly tyed to the forms of Indictments in letters and syllables and the forms I have taken and do take are those that have pass'd heretofore and I follow them and till I receive your direction to the contrary I take not my self bound but to expresse the substance of that which is laid to his charge by which hee may know his Offence and give an answer But to formes and quiddities and niceties I conceive I was not bound to that Mr. Hales I presse not forms nor quiddities nor niceties in this businesse The next is concerning the charge of promoting the Prince of Wales Att. Gen. No there is no such thing in it your copy is amisse again read it Mr. Hales Our Exception is this wee have been but upon the first all this while I take it so the next is That he did traiterously publish the son of the late King of England to be King of England meaning this Commonwealth without the consent of the people in Parliament first had or signified by ordinance to that purpose I think wee shall not trouble your Lordship much with that for if that be as our copie is it is true it is not well laid but if it be never so well laid I conceive as I am informed there is nothing of that endeavoured to be proved Att. Gen. That we leave to the Court Mr. Hales Mr. Hales Then the next is that to accomplish the said traiterous and wicked designe Christopher Love did at severall dayes in the yeers aforesaid traiterously and wickedly advise the Scots Our exception to that is this There is a treasonable assistance charged in some of the yeers that were before the making of the Act that did prohibit it At. Gen. And afterwards too M. Hales Mr. Hales It layes it in some of the yeers before the making of the Act and that is sufficient to invalidate this Charge The Clerk And further to carry on and accomplish the said traiterous and wicked practice and designe he the said Christopher Love severall dayes and times in the respective yeers aforesaid at London and divers other places within this Commonwealth of England and elsewhere as aforesaid together with the said William Drake Henry Jermin and others their complices aforesaid did traiterously and maliciously invite aid and assist the Scots being forreigners and strangers to invade this Commonwealth of England and hath adhered to the forces raised by the enemies of the Parliament and Commonwealth aforesaid and Keepers of the Liberties of England as aforesaid At. Gen. You will finde this in a Statute before this Mr. Hales Not before the 17 of July 1649. and then your Charge is repugnant you charge us for an offence which is precedent to the statute At. Gen. For that you go and take them and pick them but we lay them all together theâ—e were Treasons he committed in 1648. and that which I pitch upon still is this that Mr. Hales thought was waved that this man did not promote the interest of Charles Stewart late King or that he had not endeavoured a subversion of this Government I lay that against this Act made in 1648. then by consequence to maintain that he did it to promote his interest and to subvert the Government and there was a law in 1648 that did inhibit that there is a law inhibits the calling in of strangers and it follows by that that he who calls in strangers may promote the interest of Charles Stewart too and that foundation is to this purpose that he did promote him to have been King of England and you know what he express'd to you what tenderness of conscience he had to take care that he might not go elsewhere Mr. Hales If it be so then we must desire That part of the charge may be read
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
August 1650 upon which this is grounded are that no man shall hold correspondence with the Scots Nation residing in Scotland Att. Gen. You were best read further Mr. Hales Then Mr. Hales read part of that Act beginning at these words Be it Enacted Ordained and declared by this present Parliament and ending with these words Without the allowance license c. Mr. Hales It is true there is no residing for that yet comes not home we conceive to part of the Charge there are two parts of the Charge the one That he did maintain correspondence with divers of the Scottish Nation and with divers other persons of divers other Nations whom he well knew to adhere to the Scots Nation in this warr against the Parliament As to the first that is out of doors then here is no full charge of holding any correspondence with any of the Scots Nation for that part of the Charge rests upon this that it must be with holding of correspondence with any such persons as are residing in Scotland and with any other person residing there Then as to the other part L. Pres It is a continued speech not with the Scots nor any other Mr. Hales Then here is another thing in it that it is not averred that such correspondence and intelligence was held without the license of Parliament Att. Gen. You are mistaken in that your notes are not true The Clerk And he the said Christopher Love within the times and at the places before mentioned did Traiterously assist incourage without the speciall license of the Councell of State or Parliament or Captain Generall of the Parliaments Forces M. Hales We say then these are two distinct Charges and grounded upon two distinct parts of an Act but there is this more in it which we conceive is not to be answered with submission under favour it is said he did it within the times aforesaid the times that are aforesaid are between the 29 of March 1650 and June 1651 now this Act whereby this is made traiterous or Treasonable takes not place till the 5. of Aug. 1650 so that it might be done within the times aforesaid that is between the 29 of March 1650 and June 1651 and yet not contrary to the Act of the 2d of August which was 1650 S. Tho. Wither We lay it within all the times aforesaid and I suppose the matter of the evidence hath told you the times which now we are not to dispute Mr. Hales Whatsoever is done between the 29 of March 1650 and the 2d of August 1650 is not done contrary to the Act of the 2d of August 1650 upon which Act this Charge is grounded there is a time between them and between the time of exhibiting of these Articles whatsoever is said to be done between the 29 of March 1650 and the exhibiting the Articles is not said to be done after the 2d of Aug. 1650 for if it be done between the 29 of March and the 2d of Aug. it is done within the time aforesaid that is between the 29 of March 1650 and June 1651 and yet not done contrary to the Act of the 2d of August because done before the Act came forth Att. Gen. Though Mr. Hales will not consent to it we will strike out the 29. of March and then he will not deny but that is good enough with that striken out before the first of June 1651. whether it be not good enough and no time laid before it Mr. Hales No indeed it is not good enough At. Gen. Why not it is after the offence committed Mr. Hales Because it may as well be before the Act as after the Act. At. Gen. If we lay it after the offence committed I suppose it is well enough and the wisest will think so lay it to be the first of June 1651 suppose it were in September before it is good enough Mr. Hales If you lay it upon the first of June it is a year before it is not good enough Att Gen. That that Mr. Hales insists upon he may say it is before the first of June 1651 so long since but in a just and reasonable intendment when we insist upon that law that makes it Treason to hold it after such a time and we say that before the first of June 1651. he did commit Treason in holding correspondence and sending provisions of war before that Law though it were before the second of August 1650. that were not against that Law M. Hales Still we say that contrary to the form of the Statute or contrary to the forme of the Law which is but the conclusion shall not supply that which is materiall to be alledged now when here is an Act laid to be done certainly it is materiall to alledge that it is done in such a time as may appeare to be after the time of the prohibition of it to be done the prohibition runs to the second of August 1650. that no man after the fifth of that August shall doe such an act then it must be laid to be an act done after the fifth of that August but it is not laid so here but laid so as may be intended to bee done before the fifth of August for here is a time laid between the 29. of March 1650. and the time of the exhibiting the Articles which is in June 1651. and that he did this within the time aforesaid now he that saith he did it the 30. of March saith he did it within the time aforesaid and yet saith not that is within the Act. Sir Tho. Withrington We have given an answer to that we have laid it within and without the time that it is within the time the witnesse doth prove it and M Hales speaks not to what we have proved and cannot speak to it Mr. Hales The proof shall never supply the insufficiency of the Charge for we may as intirely offer you an Exception to this matter after you have heard the proof as before you have heard it for it stands now as upon the Charge singly so that it shall not be supplyed out of matter that appears in the proof but it must be considered whether the Charge can supply it self or not for that that is alledgable against the Charge before the proof made is alledgable as well afterwards if it were not good before the proof the proof shall not be supplementall to it for upon that reason if an Inditement did want time or certainty then after the party were heard upon his Defence it might be said when this Exception was taken to the Inditement all this might appear upon the Evidence but that will not supply the defect of the Indictment At. Gen. I am sure wee have laid it late enough the first of June 1651. before that time and Mr. Hales his Exception is still upon that way of proceedings upon Indictments he must have that positive and strict certainty in it in each particular I must give it that answer still