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
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
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
counsel can give you advice in this M. Love I still say I do not refuse to plead but if you would afford me counsel I should thinke my life in a great deal lesse danger For I do not know whether I may not by the advise of counsel confesse some part of the indictment whether I may not demur in law upon some part or a great part of the indictment which I have done already As that I am charged for treason for those things that are not within your cognizance or power as I apprehend and things done before your Acts and for such things that if I had done them I must have been indicted for them within a yeer or else not at all and these I deem legal exceptions Member of the Court. My Lord he is very ignorant of the law for the fact must be put in question before matter of law can arise for if the fact be one way then the law fals out that way if the fact be false then another way Now if Mr. Love bring in any of these exceptions for matter of fact upon proof whethâ—r he sent letters into Scotland or in such a time whether that be any offence that will all arise after the matter of fact proves true or false But before that under favour none can speak to any thing against an Indictment unlesse he speak against the jurisdiction of the court And then for other maters they are saved unto him And you will I suppose admit of counsel in matter of law but his desire cannot be granted unto him until he plead and until the matter of fact be some way determined M. Love I beseech you acquaint me then with the meaning of these words in Judge Cooks Institutes The prisoner at the bar may have counsel to overthrow the Indictment It must be either to overthrow a part of the Indictment or to help the plea either to plead not guilty in part or to demur in part Let me hear then I beseech you what is the meaning of those words That the prisoner at the bar may have counsel to overthrow the Indictment I cannot overthrow the Indictment when I plead for then witnesse comes in against me Att. Gen. He may overthrow the Indictment by the witnesse and I believe he is convinced that the court hath jurisdiction in as full and expresse terms as law and authority can give them And for the next I may say your Lordship and the court did never allow a counsel to pick holes and finde faults But if he object that to you that is just and probable and that which is dubious and doubtful and fit to be debated in law Assigne him counsel You have heard all his particular exceptions and given your judgement upon them all But I hope he doth not here expect to have lectures of law read him and to make him understand them But as to those particular exceptions that he hath made to you I think some satisfaction is given and that every man is satisfied and that there is no colour of doubt there for matter of fact and the times that he insists upon For the Act directing what offences are treason and not to be arraigned unlesse they be prosecuted within a yeer I must tell him the impeachment is laid from 1648 to 1651. Yet my Lord I shall make it appear that the Indictment doth look backward to some offences and forward to others it is laid first in general He committed such and such treasons and offences in such and such years And I shall come with the evidence and apply them to such times that are within your power and in which the law makes them offences And this is to be debated then and not to be once spoken of now My Lord I shall begin from 1648. and run on with him that he hath continued in a treasonable disposition and in treasonable plottings to the time he was laid up and since and will justifie all and therefore it behoves him to insist upon it And I will make it appear that he was one of the first that ever did appear against this Common-wealth in plotting and he did continue so until the time of his restraint and after that time M. Love Sir you are no witnesse if you be a witnesse come and swear Att. Gen. I will use you with all the duty of my place and if you give me not occasion I shall not do otherwise M. Love I shall give you no occasion L. Pres This will make all that heare him to thinke that this is the very best of his case as we know it is M. Love Sir although I do not come here to have the law expounded to me yet I do come here to have the benefit of the law and if the law allows me this benefit I being unskilful that if I can finde in the charge matter of law arising then to have counsel to advise me and to overthrow the Indictment Why should I be denied this benefit And I do not yet according to my understanding see that you afford me the benefit of the law you not granting me counsel to advise me to overthrow the Indictment One of the Court. Mr. Love if it were possible I desire you might have satisfaction for this that you desire is very just and when it comes to its proper time then you shall have it But do not by disorderly demanding of it out of your time lose the benefit you might have of it when it comes to your time That which you stand upon and call law is not matter of law nor can you call it law till you hear what the fact is For can any man judge what is matter of law till he know the matter of fact as it hath been told you well that the law ariseth out of the fact 〈◊〉 that if you will anticipate the evidence and the proof of the fact by urging this matter of law 〈…〉 did heare read in the charge you will do your selfe wrong and you are mistaken in it For there is no matter of law appears there for it is barely Thus you have done And if you say this is Law you exclude all the Witnesses Whether you have done it or no we cannot tell and if you have done it whether contrary to law or no we cannot tell because we must apply the witnesse to the Acts of Parliament that authorizeth us to sit here and if we finde that the doubt grows upon what the witnesses say and upon what the law saith then doth matter of law arise and then it is time for you to say it appears not by this witnesse that it is within the Act. I do the rather speak this because we do extreamly desiâ—e you should receive satisfaction for I would not have any here have any thing put upon him that may not appear just and according to law and none can ever say that a man had counsel assigned him before he pleaded here L. Pres It
morrow that they may appeare here L. Pres You may have counsell to morrow as the case shall be M. Love Shal I have the copy of the Charge L. Pres You shal have what is fit you shall have nothing denied you when it comes to you to have it you shall have that respect I do it not to flatter you but refuse to plead at your perill Mr. Love VVill you give me but this favour that I may have but an hour or two's time to consult with a Lawyer L. Pres I do not know but that this that is done must be done for all that comes to the bar Att Gen. I had thought there would have appeared in him that cals himself a minister of the Gospel more meekness obedience to authority not out-facing authority it is not wel done of him My Lord I humbly beg that having had thus much of your patience and perswasion by arguments and all means used to him and nothing will prevaile that my Lord you will now be pleased to give your judgement according to the rules that the law appoints you upon him that refuseth to plead M. Love I do not refuse to plead L. Pres Doth a man of your learning say you do not refuse M. Love A man may demur to his charge and yet not refuse to plead and the court may grant me a daies time if they please for I come here unarmed and unprepared Att. Gen. His demur is to matter of fact L. Pres Will you put that upon law for law which is not law and by your putting your selfe upon that you confesse the whole charge Att. Gen. I desire one favour my Lord which is of justice to him which is that you would be pleased to command your clerk to read that act that says If any person before you refuse to plead he may heare the sentence of the law upon him L. Pres Clerk read the Act. The Clerk reads that part of the Act about refusing to plead Att. Gen. My Lord we desire his final sentence M. Love My Lord I desire but the favour of a daies time to consult with Lawyers The Lord President consults a while with the Court. L. Pres I now do deliver it from all of the court and all of them are of that minde and now plead or you shall have judgement M. Love But if I plead I desire I may have counsel to hear the witnesses L. Pres We will not make a president for it will be said it was Master Lilburns case and Master Loves case Mr. Love Will you promise me that I shall have counsel to heare the witnesse L. Pres We will promise you justice Reade the sentence The Clerk goes to reade the Sentence M. Love Not guilty Att. Gen. My Lord we do say in the behalf of the Common-wealth he is guilty of the crimes and treasons laid to his charge And my Lord you now perceive that when you have been long troubled you see he comes very hardly to it an innocent man would not have made so much ado and knowing his innocency would not have had so much capitulation and trifling with a court of Justice My Lord for these crimes you are pleased to observe they are of several natures and of long continuance And now my Lord for the state of the evidence it is commended to the charge of another Gentleman that is master Solicitor General of the Common-wealth to open to you the state of the fact by which he stands here impeached and accused the nature of it and how it should have been carried on the series of time the persons with whom he complied how plotted and contrived to undermine this Common-wealth even to the foundations of it My Lord when that is opened I will then produce the evidence to make it good against him Mr. Solicitor Gen. My Lord Mr. Love urgeth much for himself but he doth not tell you what For my part I never saw his face till now but his own carriage if that do not do him wrong none will He saies he is singled out from all the rest of his brethren I suppose he means those that are his fellow conspirators the reason of that is because he was the first he had a hand in the first action and last action so that from the beginning to the end he was the principal man both by counsel friends purse and incouragement and that is the reason he might justly be singled out to be first in the punishment because he was first in the fact He saies God in Achans case wrought the discovery My Lord I thinke the court will think that God was the great Discoverer of this great treason for through the whole series of it it was prest and carried on with as much caution and secrecy as the wit of man could contrive and nothing but the goodnesse of the God of lights the Father of lights could have brought this to light who discovers the secrets of all hearts and hidden things of darknesse He hath discovered this My Lord the nature of the treason it is not one or ten treasons but it is a mystery of treasons woven together during the space of two years under the notion of Religion Many of them that were the conspiratours giving out that they were a party distinct and separate and so they did behave themselves like a party separate from the rest of the Common-wealth First this party did assume to themselves soveraign power and did exercise it divers ways they did take upon them to send Agents abroad to treat with forraign Princes and States enemies to this Common-wealth and to give commission to that purpose and to give instructions to that purpose they did demean themselves in this point as if this party had been a free State My Lord the very first of their rise was that in February 1684. When the Scots had declared for the King then they send immediately to their brethren here these conspirators to let them know that they intended to make addresses to the new King very speedily and that there was propositions drawing to that purpose and did desire a firm compliance with them promising them faithfully and how they kept it we shall hear as their brethren of Scotland that their interest should be provided for as their own And the Covenant that was the ground of all When they had thus promised they believed their brethren and thereupon went about the work and established a councel at Dowgate and there they met and plotted and contrived how in the first place to make an agreement between the King and the Scots to the intent that when they were agreed they might come with united forces to invade this Common-wealth They were plotting and contriving this about Midsomer 1649. They were taken notice of abroad to be considerable men and the King of Scots as they called him thought fit to send an Agent to them to treat with them which was one Mason my Lord Piercies man his
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
heard it I think by William Drake L. Pres Were you not at Mr. Loves house when they were drawn up and Mr. Love corrected them C. Pot. I never saw the instructions M. Love Nor I neither L. Pres Did you not heare so C. Pot. I did L. Pres To whom to be directed C. Pot. To Captain Titus L. Pres And to who else C. Pot. The commissions and instructions were to be directed to my Lord Willoughby of Parham Col. Graves Major Gen. Massey Capt. Titus and Alderman Bunce Att. Gen. My Lord ask him whether he hath not heard Mr. Love tell him so C. Pot. Never in my life L. Pres Were you not then present at his house C. Pot. I know not that I was nor can I remember His Examination was again read Att. Gen. Whether were you not at M. Loves house and was there not a letter agreed upon to Massey and Bailie and Titus C. Pot. I have been several times at M. Loves house L. Pres Whether were you not at M. Loves house with these correspondents C. Pot. I have been several times at his house with them and I have been oftner there upon other occasions L. Pres Name them C. Pot. I mean with M. Love and M. Jackson and M. Robinson and Major Alford and M. Drake and M. Gibbons L. Pres What was then agreed upon about letters when you were at M. Loves house C. Pot. I have a very bad memory I cannot speak to time and places and persons such letters I have heard of were written I professe I can speak no more knowingly I never had a hand in any one letter but such letters I have heard of L. Pres Upon what account did you meet at M. Loves house C. Pot. I met there sometimes upon a friendly account sometimes upon a christian account and sometimes to hear news and sometimes to tell news L. Pres Where did you meet with these persons with William Drake and these so often mentioned C. Pot. My Lord there was a correspondency in point of news L. Pres Between whom C. Pot. Between capt Titus there and William Drake here and he would tell us many times news there L. Pres Do you know Titus was imployed as an Agent hence C. Pot. I think he was L. Pres Had he money collected C. Pot. I do not know of one penny I lent him and I never contributed to him Att. Gen. My Lord ask him whether himself did not upon an occasion contribute ten pounds and bring it into M. Loves parlour C. Pot. I confesse that Att. Gen. For a table-book that was written in sack do you know of any such thing C. Pot. I do My Lord I went to William Drake in his retirement and he was writing out of his Papers some letters in a table-book which he told me was in sack as I take it L. Pres Why did he write them in sack C. Pot. I take it because it should not be discovered L. Pres Do you not know to whom the letters written in sack were sent C. Pot. I know not but he told me to Bayley and Titus L. Pres Where was Bayley and Titus then C. Pot. I know not where Titus was but I think Bayley was in Scotland L. Pres After Drake was gone where were your meetings usually C. Pot. Many times at M. Loves house L. Pres When you did meet there what did you meet upon was it not to receive Messages from Titus and Massey and Bunce and Bailey and to return answers C. Pot. We had sometimes letters read there but from whom they came or to whom I believe few can tell I cannot tell something of news we have heard of affairs that was the occasion of my coming sometimes Att. Gen. Did M. Love never tell you the occasions of those meetings and presse you to lend money to furnish Massey and Titus C. Pot. I can say nothing to that Att. Gen. What say you to the private fasts C. Pot. There were private fasts Att. Gen. What for a blessing upon the treaty at Bredah C. Pot. There were fasts kept but I never understood they were for any other end but for the sins of and judgements upon the nations and for the most part there have been hundreds of men and women there Att. Gen. Did M. Love often officiate there C. Pot. He hath preached and prayed L. Pres Did any pray for a blessing upon the treaty C. Pot. I cannot say so Att. Gen. What say you to those letters that came hither after the fight at Dunbar C. Pot. My Lord after the fight at Dunbar there came letters from Bailey and Titus and Massey L. Pres And where were these published C. Pot. My Lord I can say no more I have heard of these letters too L. Pres Were not you present at M. Loves house when they were read or made known there C. Pot. Possibly I was I cannot say I heard the letters read there I did hear letters by a private hand occasionally afterwards Att. Gen. By the oath you have taken were you not present at M. Loves house when those foresaid letters from Titus and Bailey and Massey were published and read C. Pot. My Lord I cannot say I was there and I dare not say I was not it is a yeer ago I believe I was there several times when several letters were read and it may be when those were read L. Pres Whether was there not five pounds given to a messenger that brought them C. Pot. I have heard there was but I do not know it L. Pres Did you contribute any thing towards it C Pot. I think I did contribute ten shillings L. Pres VVho contributed besides your selfe C. Pot. I know not Att. Gen. VVas there not at Mr. Love's a promise of armes or letters C. Pot. My Lord I cannot say so Att. Gen. VVat can you say C. Pot. I have heard there was Att. Gen. By whom have you heard it C. Pot. I cannot say by whom or who told me so either Mr. Alford or Adams or Far or some of those men that used to meet there for it was common when I was not there â—or some or other to meet with me Att. Gen. Did Mr. Love contribute to the messenger C. Pot. I cannot say he did Att. Gen. My Lord I do not ask him one question but what himselfe hath confest C. Pot. I do remember such letters I have heard did come but never saw those letters I do likewise remember I heard there was five pounds gathered for the messenger and I do believe I contributed ten shillings towards it Att. Gen. VVho else gave besides your selfe and who received it C. Pot. I professe I know not Att. Gen. VVhether was there not a Declaration to the Church of Scotland then published C. Pot. The Dâ—claration I know nothing of it you remembred me of it at the Committee when I was first examined but I knew nothing of it Att. Gen. My Lord Ask him whether the State and Church did not write
and thereupon they did break up I cannot tell whether it was sent or no for they were affraid he would betray the businesse After that I was told by Major Alford that Bains told them he was very sorry he should meddle in that businesse and that they would never prosper that had any thing to do with him for that the sins of him and his Father were so great whereupon they were very wary and affraid he would discover the businesse And he I think knew no further After this I did understand this letter was sent to the Prince and I was told so by M. Alford that it was sent in the name of the secluded members and Ministers and Citizens and souldery and Noblemen I remember it fetch'd a great compasse wherupon when the Prince saw this letter and had it from my Lord Piercy he stormed at it said Who are these Noblemen and the rest What can they do for me can they raise me ten thousand men Wherupon there was nothing done but Titus retired himself to his mothers house there lived about three quarters of a year and came to town after did solicite his own business A little after this I heard upon the businesse of the Scots that there was another letter sent that did begin the thing again and now the Prince had considered of the thing and sent over the letter and I heard that it was to the Ministers of London I did not see the letter but Alford and Drake told me it was so After this Titus was sent away and that with a sum of mony as I heard who lent the mony J cannot tell and what sum J know not but presently after this J coming to town out of the West in March 1649. in the beginning of March the day of my coming to London after J had been here one or two days at most J met with Hollis his man in Fleet-street I do not know his name he met me and I asked him what news he told me he wondred that I was a stranger and I asked him what news saith he if you come to M. Love's house you shall hear newes what is your businesse there said I he said it was to pray together and to hear the newes I went about nine of the clock and prayer was over and the news a great part was over but after I did come there that I did hear was this William Drake pulled a paper out of his pocket that I understood he had put into his pocket or withdrawn because of a stranger and afterwards he took it out again The substance of the paper was to this puâ—pose as I remember it was in characters and pulled out of his pocket and by him read In the name of the Commissioners commissionating the Lord Willoughby of Parham Major Generall Massey Colonel Graves Captain Titus and Alderman Bunce in order to the Treaty in the behalfe of the well affected party in England and these to joyne with the Scotch Commissioners according to such instructions that should be therewith inclosed And some body asked him what power have we to give such a commission it was answered again by Wiliam Drake that we have the Kings command for it and wee have likewise the authority of some prudent Parliament man whom wee look upon saith he beyond the power of them that now sit whereupon M. Love replies Come come let it go and after that I knew nothing Att. Gen. Repeat that again Huntington When the question was asked what power have we to send or give commission saith Drake we have the command of the King to do it besides we have the authority of secluded Members whereupon Mr. Love replied Come come let it go Mr. Love Pray ask him this one question Were there no speeches between William Drakes words and those words he pretends were mine Huntington J remember none Huntington withdraws L. Colonel Bains is called into the Court and is sworn L. Pres Speak what you know of this businesse Bains My Lord Concerning any thing that came from Scotland I never knew any thing nor did I ever hear any thing for Dowgate J was at two meetings at Dowgate At the first meeting there was a person that J did not know which at the second meeting J was told was Captain Titus and he at that meeting where there was nine or ten or more or thereabouts he did propose some thing to be done in order to the restoring or preserving the Presbyterian Jnterest by way of application to the King as he called him and did advise it to be by way of petition and that he conceived to be the onely way to preserve the Presbyterian Jnterest in England and that way would be the way to assure him he had a considerable party in England and he did use many arguments as a duty lying upon us by our Covenant to apply our selves to him and he offered to draw up a draught of a petition against the next meeting to that purpose and he said it was necessary some thing should be done by some Parliament men and some Ministers and some Citizens that were leading men men that thereby he might be assured that he had a party and that considerable At the next meeting which was suddenly after he did produce a paper which as J remember was in short hand a petition which was to the purpose J have hinted There were severall debates whether it should be signed or not signed and my selfe and two more before disliked it and before he read the paper he began to commend the good nature of the King what good affections he had and likewise did say there was a necessity something should be done to the Queen and Jermine and Piercy who he said were our friends that they should stir him up to comply with the Scotch Commissioners and upon this there was my selfe and two more there present I hope it sate upon them as upon my selfe disliked the businesse and from that time for my own part I never heard any thing the heads of the Petition I cannot suddenly remember This paper carries the sum and substance of the businesse The Clerk shewes him a paper which he had formerly given in Bains This paper if it be not interlined since it was of my own dictating and writ with my own hands he looks upon the paper I see no alteration made at all L. Pres And this you deliver upon oath Bains Yes upon my oath to the best of my remembrance And as to the Prisoner I can say nothing Bains withdraws Major Adams is called into the Court and sworn L. Pres Declare your knowledge in this businesse M. Adams Touching Alderman Bunce and Mason I know something by relation touching the correspondency with them L. Pres Tell the manner of it M. Adams I conceive it was carried on by Mr. Drake that is now absent and in Scotland by one Baily Att. Gen. VVhat do you know of Mason and of
he could not do it of himselfe for fear it should be miss'd My Lord J asked him what friend it was nay saith he you can not know that nor you cannot have it till he is in a condition To tell you truly he had been a good customer to me both for himself and friends and J was loath to deny him it supposing J should have it again J afterwards did not to my best knowledg meddle or make at any meeting J was never at any of those meetings after the businesse at Basing lane because J disliked them but afterwards J did suppose that this Ten pounds was for Captain Titus for J did put it to him and said J am afraid you did furnish Titus with that Ten pounds What then said he Then J shall require it again of you so he put me off and run out of the Land My Lord for any other meetings transactions or knowledge of any other thing from the time of the meeting in Basing-lane J know none For the Prisoner at the bar truly J do not remember and J am confident J was never at his house in my life nor changed one word with him At. Gen. Did you meet with Titus in Fleet-street Bart. J did my Lord and J asked him whether the King that was dead for J knew he was much about the King because J had heard it and J asked him J say whether the King was a man of those parts he was reported to be Titus told me not only of his parts but vertues Truly J suspected then that Titus was not the man he seemed to be and J feared he was a Cavileer in his heart and truly that did occasion me with the dislike of others to leave their company At. Gen. There were sometimes private fasts at your house whaâ— wâ—s the occasion of them and vvho spoke to you for them Col. Barton My Lord I do not remember the party that sapke to me I am not certain whether it were Master Vickars but cannot positively say it or whether it were by Sir Matthew Brand or by whom they desired to meet they met in a room at my house to humble themselves before the Lord and I cannot say any thing of the Fast because I had customers and I did think I was bound to serve my calling and I was not there above half an hour and it was up and down off and on there were divers Ministers who did exercise at that time Att. Gen. Who did exercise at that time Col. Barton I was not there much of the time but I think Mr. Jenkins and to my best remembrance Mr. Love was there there was Mr. Tate the Parliamentâ— man to my best remembrance I think Mr. Jaquel was there and there was Sir Matthew Brand. Att. Gen. What other Ministers were there Col. Barton I think Mr. Case and to my best remembrance Mr. Robinson but I am not certain Att. Gen. What was the occasion of your Fasts and at your house Col. Barton I knew no occasion because I was not there but have heard a servant of my house who was there gives this relation Mr. Jenkins began in this maner O Lord thou knowest we are not meet to put up complaints against any but to humble our selves before thee and to pray that the sins of the Land may be pardoned but I do not remember there was any word but for the pardoning the sins of the Nation Att. Gen. Was there no sins named in particular Col. Barton My Lord I do not remember Att. Gen. My Lord ask him whether any body hath been with him to call for any money for any parties beyond Sea for Massey or any others Col. Barton I shall give you a true Narrative of that I understood my Lord that after the prisoners that were taken at Dunbar were come down the River there were divers Citizens both men and women that came to see them and made a relation of their misery to be such as I have not heard and there was one among the rest that said there was a peice of meat reached down among the prisoners and two or three catching at it it fell down among the dung and they took it up and eat it there were divers did move for a contribution to them and it was a pritty while before I did contribute any thing there was Captain Far with me and desired me to give him some money and he did not propose the use but to my best remembrance it was either for charitable uses or for some in misery Now I was loth to ask him for what charitable use because I did not desire to be known to give such a sum of money to the Scotch prisoners I had a little money which I had devoted to charitable uses in my own purpose VVhen the Paâ—liament granted my Petition for reimbursing the money I lent I did promise Fifty pounds to charitable uses and this I confess I did intend for the Scotch prisoners but was loth to ask him because I would not be thought charitable to your Enemies but did it not under that relation Att. Gen. Mr. Jaquel you know William Drake and Mr. Love very well do you not know that Mr. Drake and Mr. Love were very familiarly acquainted Jaquel I must needs say Mr. Drake would be acquainted with all the Ministers in London and I cannot say he was more acquainted with Mr. Love then with any other Minister Captain Far is called into the Court and is sworn Att. Gen. My Lord let him acquaint you with what passed at the White Hart in Breadstreet Cap. Far I desire the benefit of my Papers Att. Gen. At whose request did you come to the white Hart in Breadstreet and when was it Far. By William Drake At. Gen. Was that the first time you were acquainted with any thing of this nature for carrying on and prosecuting of an order to the furtherance of an Agreement between the Scots and the King VVhat do you know of that at what time was the meeting Cap. Far. It was about two years since At. Gen. VVhat was the discourse at that meeting Cap. Far. It was the drawing up of some heads of a Letter which might be sent to Scotland At. Gen. What was the effect of it Cap. Far. It was to this effect to the best of my memory for it is so long since Here Captain Far was at a stand whether through infirmity of speech for he seemed to be slow of speech or otherwise I cannot say and he or the Attorney General for him made great use of the Papers of his Examination At. Gen. To desire them the better to bring them to an agreement that there might be moderate Propositions Cap. Far. It was to moderate their desires in the agreement between the King and the Scots At. Gen. What to do Cap. Far. That they might abate of their demands At. Gen. Of their former demands that they might be the more like to agree was it not so Cap.
Let him speak vivâ voce Far. To the best of my remembrance it was for the Presbyterian party but positively I cannot say so My Lord 't is two years since and as near as I can remember it was so L. Pres The Commission you say was not agreed to but the letter and instructions were Far. William Drake did undertake to draw them up L. Pres Were they drawn up and sent I am not able to say they were L. Pres Who were to be the Commissioners Far. My Lord Willoughby of Parham Alderman Bunce Major Generall Massey Colonel Graves Captain Titus Att. Gen. VVhat were they to do Far. To advise but not to treat in the behalf of the Presbyterian party L. Pres Not in the behalf of the Prebyterian party Far. No. Att. Gen. VVas there not an agreement of letters to be sent to the Queen and no proposals that way Far. No my Lord. L. Pres What was the substance of that letter read Far. It was as I remember to have the Queen perswade the King to give satisfaction to the Scots in their just demands Att. Gen. Was it not moved then to be debated what power they had to send a Commission and by what authority they should do it and by whom was it spoken Far. It was demanded what authority had private men to send Commissioners Att. Gen. Did not you go afterwards with some over into Southwark Far Yes Att. Gen. Where did you go Far. I went with Major Alford and with Alderman Bunce his sonne and I went to Gravesend At. Gen. What other company was there Far. No body else nor had I gone but at the request of Master Alford Att. Gen. Did you know that Mason went Far. There was no such man went along with us Att. Gen. Did no body tell you that Mason went with the instructions agreed upon Far. There was a Gentleman we met with at Gravesend that I conceive to be that Mason Att. Gen. Did he carry the instructions Far. I cannot tell L. Pres Did no body tell you so Far. Not as I remember I did not see any delivered to him L. Pres Do you believe he carried them out of these circumstances you heard Far. Yes I believe he did I am upon my oath and to say positively I cannot Att Gen. Were there not letters left at your house and for whom and what did you with them Far. There was at my brothers house letters left but they were returned Att. Gen. But for whom were those Letters Far. They were directed to William Drake by Titus Att. Gen. Were you at Colonel Bartons house at the Fast Far. I was Att. Gen. Who officiated there was Mr. Love one of them Far. I cannot say positively I believe Mr. Love did L. Pres Do you believe Mr. Love was one of them Far. I conceive he was one of them and Mr. Robinson At. Gen. Did he not pray for a blessing upon the Treaty between the King and the Scots Far. That was done but I cannot say it was by Mr. Love but these words were said there At. Gen. Were you at a meeting at Mr. Loves after the fight at Dunbar a remarkable time to this Nation Far. I was there but came in late Att. Gen. Were you there when a Letter was read from Massey Far. I did not hear it read L. Pres What do you know of it Far. There was such a Letter came to assist the King with Money and Arms but it was not agreed upon L. Pres Do you sware such a Letter came Far. I cannot swear positively L. Pres Did the Gentleman tell you so Far. He did tell me so L. Pres The letter did write likewise for Arms and Ammunition did it not Far. Yes and for money L. Pres Did not Mr. Love tell you they could not do it Far. I did understand it was Mr. Love Att. Gen. Did not Mr. Love tell you they agreed to raise a sum of money for Massey and Titus and Graves and some of them Far. Yes he did At. Gen. What was the sum of money and for whom was it agreed upon did Mr. Love tell you so Far. I say Mr. Love did tell me it was agreed upon for the sending of some money whether 250 or 300 l. I cannot say positively and it was to relieve Massey and Titus in their necessities Att. Gen. Did not Mr. Love move you to contribute to this and what did you contribute Far. Mr. Love asked me and I did promise five pounds and brought five pounds and laid it down upon his Table At. Gen. Who was in the Room then Far. There were several L. Pres Do you know none of them At. Gen. Mr. Love saith he hath neither writ received nor sent but he doth not say he did not mend letters Far. I brought five pounds in a Paper and laid it upon his Table L. Pres And was he in the Room Far. Yes my Lord but I cannot say any else was Att. Gen. I could tell you who there were more Mr. Case was there too my Lord ask him if it were not agreed between them that it should be so brought Far. As I did understand it was so it was so for my particular but I cannot say it of others Att. Gen. Did not Mr. Love speak to you to that purpose to bring it in that way Far. I cannot say he bid me lay it down L. Pres What was the maner of Mr. Loves requiring of you or notifying of it to you and the maner of your pursuit of that Here Captain Far was at a stand and made no answer Att. Gen. I will make it very short Whether this were not done that there might be no discovery of it Far. It was done to that effect that there should be no discovery of it I did it under that â—otion L. Pres And do you not think Mr. Love conceived it under that notion Far. I cannot say he did Att. Gen. Were you not spoken to by Cap. Massey to speak to Colonel Barton to lend money Far. I did speak to him L. Pres What was that Far. Ten pounds as I conceived for I received it from him in a Paper Att. Gen. To whom did you deliver it Far. To Cap. Massey Masseys Brother my Lord. L. Pres You received it from Col. Barton Cap. Massey bid you speak to Col. Barton for a sum of money and he gave it to you and you gave it to Cap. Massey Att. Gen. Was the money as you conceived returned to Massey and Titus Far. I cannot say it was L. Pres Do you believe it was desired to be raised to that purpose and do you think it was done according to that purpose Far. I do not know Att. Gen. Whether do you conceive that this money you thus brought to Cap. Massey was not for Massey and Titus Far. I do conceive it was At. Gen. And was not Mr. Love commonly at your meetings and whether after Drake went away the meetings were not at his house Far. I met with Mr.
afflicted I leave it to your own consciences to make application Many things else might be suggested against me and all to exasperate and exulcerate your minds against me to make you with lesse regret of conscience to passe a dolefull Sentence upon me which J hope you cannot and for the fear of the Lord you dare not but if you should and so J have done J will say to you as Jeremiah did to the Rulers of Israel As for me behold I am in your hands do with me as seemeth good and meet unto you but know yee for certain that if ye put me to death ye shall surely bring innocent blood upon your selves But J will say as the Apostle did I hope better things of you though I thus speak And thus J commit my self and my all unto God and to your judgments and consciences Attourney-Generall's present Reply to M. Loves Defence M. Attourn Gen. MY Lord you have heard him say much and it had been much better for him if he had said less My Lord when men go out of the way of their own calling they very often erre and truly I may attribute much of M. Loves confidence to his ignorance My Lord to his ignorance of the Law and when men meddle beyond their own bounds they doe transgress M. Love hath made you a continued Speech My Lord I do finde the old Proverb commonly true In multitude of words there wanteth not evill And should I say nothing against M. Love my Lord he hath said enough against himself in that that he hath now repeated even to his own condemnation in that which he acknowledgeth my Lord I cannot say ingenuously though himself hath said so to be rather a misprision of Treason and a concealment My Lord acts of concealment are not so long continued they have not so long continuance And my Lord you very well know for the satisfaction of the Gentleman at present and some else that hear me that he that heares a Treason for I do go now a little in his own way he that hears a Treason must not look back before he go to the Magistrate and reveal it and if he be at the Plough he must leave his Plough if this Gentleman were in his Pulpit he must leave his preaching he that knowes a Treason must go presently and reveal it there must be no repetition of Treason My Lord M. Love my Lord will be mistaken in that But truly my Lord I was very sorry considering the condition M. Love now stands in to hear those expressions from him that he hath made to you in relation to the past and present Authority my Lord I am not willing to repeat them M. Love must hear of it another time truly my Lord here is little of ingenuity all men will believe in this Gentleman that hath now laid it for a principle to himself and all that shall hear him and I think it not to be so Christian so ingenious not to confess any thing any time but that is ingenuity that what is proved that he wil confess and that is a high piece of ingenuity that those things that are proved he wil ingenuously acknowledge I my Lord I do not take that to be ingenuity neither in my Law nor I believe in his Divinity wil it be My Lord there hath been a great deal of care and pains taken by M. Love to take in pieces the evidence I shall not undertake now to joyn them together but in convenient time I shall I doubt not for the satisfaction of the Court and their judgements who I must say have been threatned by the Gentleman and my Lord I hope for the conviction of himself My Lord he knowes there are shrewd pieces against him that he hath acknowledged but he would take them off one by one but when they are put together they will not be single evidence nor single testimony nor single facts but a continued reiteration and repetition of Treason a continued and Series of time My Lord you are pleased to observe that himself doth appear from 1648. to 1651. so that in 1648. 1649. 1650. and 1651. in all these years my Lord there hath been this constant repetition and transacting of Treason My Lord I learn from him and 't is very true It is not good dallying with holy things nor is it with States and Common-wealths it is very bad dallying with them those that flutter there will burn their wings at last and it is not Quirks of wit nor strains of sense or non-sense will my Lord clear these things it wâ—ll not do it my Lord. My Lord he hath desired you will not hearken to private examinations my Lord I have said so too and there hath more been offered to you but that which hath been publike and viva voce all have been so But surely my Lord I could wish this Gentleman and all others of his profession would meddle in their own Sphere and not to walk out of that to come and teach Courtâ— what they should do to teach the Magistrate what is his duty My Lord I do hardly think it belongs to them ever in the Pulpit to do those things But to tell us we must not examine before-hand and ask questions in private My Lord we cannot then be prepared for Felons and Treasons And my Lord J say this confidence is much from his ignorance for these things are very familiar and must be continued to be done so that these things are not well broached by him and I do think he will say at last he understands not himself and those I hope that hear my Lord will say I do not use it for my Lord I must say it must be otherwise in all well-governed Common-wealths My Lord he hath not denied but acknowledged Meetings at his house more than once twice or thrice And truly I did expect from this Gentleman that he would not have continued those fearfull imprecations of calling God to witness that he did never write Letter nor send Letter nor lend money I had thought he would not have gone upon these equivocations Did he never move other men to write Did he never move others to lend money It is not to say this and this I have not done but I had thought he would have cleared himself totally of any guilt that way either in relation to receiving or hearing Letters read or lending or receiving money or moving for money My Lord to put it upon a particular Case this will not blinde the eyes of Justice but you will be able to see it He is pleased to say my Lord he will not lay it to the badness of the Witnesses consciences but to the badness of their memories my Lord I hope in conclusion their memories will appear to be right and some bodies conscience else to be bad And my Lord for to hear this said by this Gentleman that is a Minister of the Gospell that it is a crime for these men to
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
as to these Witnesses because the other part of answering the Witnesses belongs to the Atturney Generall for Master Love went over all the particular Witnesses My Lord I shall only say one thing and that is this concerning Mr. Love himself and it is only concerning this point My Lord Mr. Love himselfe did say He would be ingenuous so far as he took himselfe to be guilty But my Lord I know your Lordship and the Court observes that that ingenuity did follow the proof that was for the Common-wealth My Lord he confesses he was present at them he was silent after all these Meetings and Debates I mean the meetings after they began at his own house for I speak not of them that were at Dow-gate for there is no proof that he was there My Lord this he confesses and this he sayes is misprision of Treason Truly my Lord I must be bold to differ from him in that particular I take it that that he confesses is High Treason I shall speak a little to Misprision of Treason and so conclude My Lord Misprision of Treason is when a man hath notice of a thing that is Treason and hee conceals it now my Lord under favour the concealment must not be long it must not sleep long with him My Lord I remember an Axiome an Author hath in our Law and that is Bracton he hath a discourse of misprision of Treason he hath it in Latine sayes hee He that knows a Treason he must not stay in one place a day and a night but he must go on he must go toward the Magistrate Nay sayes he though he have most urgent businesse yet he must set it aside and go on and must not stay in any place till he hath revealed it Nay he sayes further He ought not to look back till he hath given information to the Magistrate The man that doth not after this manner forth-with reveal it this only is misprision of Treason But considering this case of Mr. Loves now confessing the fact he takes it to be misprision of Treason but I take it to be Treason it selfe My Lord I shall observe what Mr. Love did he was at these meetings these meetings were continued for divers dayes and months My Lord was there any discovery made by Mr. Love was there any revelation of his to any Magistrate Did he tell it to any man Nay Did he confesse it upon his Examination when examined Nay Did he not deny it when he came to the Bar before your Lord-ship Can this bee said to be misprision of Treason that a man should hold so long in Treason and not reveal it My Lord As every Treason includes a misprision of Treason in it so I conclude that misprision of Treason may grow up to treason it selfe Now when a man shall so long sleep upon it and be violent in it and not reveal it I take this misprision of Treason growes up into Treason it self My Lord I shall say no more of that but I shall conclude because the other part lies upon Mr. Atturney Generall who is better able to do it onely one thing I shall take notice of to your Lordship and I am troubled at it and that is That as he saith that he that hath been so much for the Parliament with whom he hath gone along and took sweet counsell together and hath been Active for and Passive with through all the passages of the late Warres that he should suffer from them this he saies stuck very much upon him But my Lord for him that hath been so much for the Parliament so familiar with their proceedings that hath been so active for them and hath suffered so much for them my lord for him to kick the heel against the Parliament for him after all this now even in the Infancy of this Commonwealth that this child should be destroyed and by one with whom we have took sweet counsell together And by one I may say this that though he had no hand in making this Common-wealth yet I dare say he had in the preparations to it for himself all along hath gone with the Parliament so that my Lord I take this to be an objection against him But my Lord I shall say no more in it but refer the other part to M. Atturney-Generall M. Atturney-Generall the third Councell for the Common-wealth At. Gen. My Lord I am sorry M. Love hath given the occasion of this meeting and of my speaking at present I could much rather have wished to have been silent but now I am drawn hither I am forced to it M. Love my Lord in the beginning of his Triall did desire God so to assist him that he might go through it with gravity meekness and wisdom as became a Minister of the Gospell I wish that God had heard his prayers that he had so gone through it what he hath done the Court hath observed My Lord in that part I have to do I do heartily desire I might doe it with faithfulness to you and the duty of the place I ought to discharge and to the Court. My Lord the work that this day lies upon me is to reply somewhat to what was said by M. Love in his own Defence and to make a faithful repetition to the Court and to doe the Witnesses and the Prisoner right to repeat that and that onely that hath been said And in that that J may do no wrong to mislead the Court and offer nothing to the prejudice of the Witnesses nor to the prisoner And truly my Lord I shall not in his own words have any tortured Collections nor any inferences nor strains of wit he hath showed his Oratory in his defence My Lord I shall show the simplicity of Law in the Reply My Lord the Charge hath been repeated to you and for that insisted upon by M. Love for the Witnesses and testimony you have had answer I shall not trouble you there hath been pains taken in it my Lord I think all men were satisfied that it was clear enough yet to make it more clear M. Love my Lord insisted upon one thing more and that is upon point of Time and the point of the Jurisdiction of the Court which by your favour I shall first begin with He stands charged he sayes for crimes done in 1648. 1649. 1650. and 1651. and those crimes he sayes were before this Court was or had a being and so had not power to take cognizance of them That my Lord J shall endeavour to clear to you and I think in much cleerness cleerer than the light as he will have his evidence He stands charged I say positively my Lord with no crime before a Law was emitted that did give an inhibition and was publish'd and known He stands charged with no crime before the Law was publish'd that did declare what the crime was and gave notice to beware My Lord that that was first was the Law that was made the thirtieth of January
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
and I desire to know whether ever the Parliament did enterpose with him till he did interpose with us He went out of his way my Lord he was quiet and safe in as much security as any of us and my Lord even those that were the Watchmen for the safety of this Commonwealth did watch and take as much care even for his preservation as for any one of ours and thus he hath required them My Lord I will repeat it I appeal to his own conscience and to any of his friends here whether ever till his judgement and conscience did interposâ— in State affairs to dispose of Kingdoms and Commonwealths whether ever 〈◊〉 were in the least interupted My Lord He sayes himselfe when he came to be a Lecturer in London the Bishop would not admit of him in three years yet my Lord he is admitted here three years and none hath interupted him and your selfe say you have a competent livelihood and a people very loving to you and you might have so continued if you would My Lord His proposalls to the Court I do say were hardly fair proposals for they had a little of threatning in them For sayes he if you censure rather upon a Politicall interest then of the meâ—rit of the Fact the Scripture counts it not justice but murther Truly my Lord I think justice is a politicall interest the preservation of the Generall but surely I do not think the person will come in judgement before you but the merit of his Fact and as yet I may say I suppose the Treasons hee hath committed if those find him guilty if the Court finds him guilty of those facts laid to his charge and if you are satisfied in your judgements that they are proved my Lord it is Justice not murder and it is Justice that which politicall interest requires of you that Justice be done upon the Prisoner And he is pleased to say in his last Defence That he denyed the commission to be sâ—nt and entituling the Presbyterian Party to it and he hath acknowledged it had been very high presumption if they should have done it and a notorious false-hood and in that I joyn with him and whether he hath not done so my lord that I shall leave to you That the Presbyterian name was made use of you have had many concurrent evidences and Mr. Love was present when these things were mentioned and if it be a fault which himselfe hath acknowledged it is right done to the Presbyterian party who I am sure will not owne him in it My Lord But a word more this last day he was pleased to mention his Sermon which made me a little to enquire after it it was preached at Uxbridge my Lord I had the honor to be at the Treaty which hath been so much spoken of and truly I wonder this Gentleman did not remember what he said then if you please my Lord I shall put you in mind of some passages I have the Sermon here Mr. Atturney Generall reads out of the book which he said was Mr. Love's Sermon I have ever thought that too much mercy towards Malignants hath made more Delinquents then ever Justice hath done Mercy should not weigh down Justice my Lord these are good Instructions in God they are both equall why should it not be so in man Pity to the bad hath proved cruelty to the good the sparing of offenders hath made many worse few or none better and my Lord we know it To them that have shewed no mercy let judgement be shewed without mercy much guilt contracted much innocent blood spilt which either must be avenged on us or by us My Lord that is one of his clauses and here is another 2. The Lord heals a land by cutting off those distempered members that endanger the health of a land here is good Doctrine my lord It was the Lord troubled Achan and cut him off because he troubled Israel Oh that in this our State Physitians would resemble God to cut off those from the land who have distempered it I suppose he meant or shall do that my lord was his opinion then And those who lie under the guilt of much innocent blood are not meet persons to be at peace with till all the guilt of blood be expiated either by the Sword of the law or the law of the Sword and a Peace can never be safe nor just till then What M Love hath indeavoured since my lord I shall say nothing and I have but one word more and it is this my lord he sayes it is not likely to have a peace with such men as these the malignant party while they continue thus We can assoon make fire and water agree yea I had almost said Heaven and Hell as their spirits and ours for either they must grow better or we worse before we can agree My lord I thinke there is little hope of their growing better and my lord we have not grown worse My lord I shall trouble you no further I shall use nothing of aggravation but as justice is blinded to let the evidence appear to you in pure nakedness My lord you have heard the evidence as I humbly conceive in the same language in the same habity in the same words as spoken by the Witnesses And my lord having heard those and the Lawes and the Charge against him upon the whole I shall humbly leave him to stand or fall by your justice and judgement M. Love My Lord I humbly crave leave to speak but one word M. At. Gen. hath replied to my Defence as to the matter of fact concerning his Reply I shall not insist upon it yet I shall humbly crave leave to insist upon two particulars At. Gen. If I have given any new evidence Mr. Love ought to be heard but my Lord I have declined it and for those passages in his Sermon I do not urge one word of evidence against him and for the rest they are his own words which he hath said the last day and I have brought nothing new before you and if the Sermon preached at Vxbridge should be an occasion I shall cast it aside Mr. Love I humbly conceive there are new suggestions expressed in Court by those worthy Gentlemen whose names I know not nor their imployments neither but as to those I shall humbly crave leave in a word or two and then as to the whole matter of the depositions I shall humbly offer some matter of law arising upon the whole matter given in At. Gen. I shall crave leave too my Lord and leave it to you for any suggestions they are but suggestions as Mr. Love sayes himself and that is nothing for the evidence Mr. Love my Lord had the last day I should have this day had he said he had any thing to say or if he had had any thing more he might have said it I did wait if he would have said any thing But my lord when the whole was clos'd
that is between the 29. of March 1650. and June 1651. and yet for all that the party not in fault to be impeached because he might not do it contrary to the Act for he might do it between the 29. of March 1650. and June 1651. and yet do it before the Act came forth which was in August 1650. M. Hall My Lord I conceive M. Hales hath not answered that I alledged but now if there were no other times mentioned in all the Charge but onely between the 29 of March and June 1651. then it were somewhat but when the times are express'd before though that it was in the year 1651. and then we say in the times beforesaid I conceive that in the times aforesaid shall relate expresly to that time in the year 1651. and then it must be within the Act. M. Hales That cannot be that will make the Charge worse L. Pres That I conceive you are upon is this the very Letter of the Charge for you say at this time that is laid he could not be a Traytor and you joyn it with a time in which he might be a Traytor This you say they lay in the Inditement that he did in such a time of March and afterwards and at that time there was no law to prohibite it and so that could not be a crime against him and this you say no proof will help it I take it M. Hales this is the substance but if this be thus laid and the proof doth come in this is very essentiall in my judgement when upon the matter if this be as you see it appears upon the face of the thing that the proof must go to that time within the Law and therefore that will not vitiate at all such an Inditement if it were so as you say but I take it that this being complicated with more Lawes as I said before though he were not guilty upon this yet in the conclusion he is found guilty of that which is as to other offences Att. Gen. I shall say but this wee all know that a time is express'd but for formality and that time that is express'd is not materall so it be laid far back enough but if I lay it in June and prove it in June twelve months it is time enough for this as your Lordship was saying that which I do say is that I cannot confine not this very act that is supposed to be and yet not laid to be against that Act of the second of August 1650. from this clause in expresse terms not singly But that which I humbly insist upon is this that never a one of these offences singly transgresse one single Law but is an offence against severall Lawes I conceive I had done my self and the Commonwealth wrong had I limited it to any one for his complying with the Scots and joyning with them and contributing with them and receiving intelligence it is more then against that single Act it is promotion of his interest and subversion of the Government and against every one of the laws And therefore I conceive I had not done right to the place I am entrusted with if I should have laid it singly but he is indited that as a false traitor he hath done these things that is the preamble and then wee ininstanced the particulars and give a time which time he will acknowledg is not positively necessary to be true that that time must be the day the fact was committed but if it be before it is enough But he infers because this seems to be an offence within the Statute of the second of August 1650. and is laid between the 29 of March 1650 and the first of June 1651. and so whether this can relate to that Act and by evidence you know it is afterwards but this being an offence against severall Laws I cannot charge it to be against one Law but the art is now as Mr. Love began to take it asunder and singly and then it is nothing and Mr. Hales takes it singly It is not against this nor against this but it is against every one of them and not against this singly but against the rest of them S. Tho. Wither My Lord it cannot be contrary to the forme of the Statute unlesse it be done after the time so that the conclusion shews it was laid within the time but for that case as Mr. Hales instanced in he puts a case of one Act of Parliament we are now upon offences against severall Acts of Parliament in that case of retaining a Jesuite he is a Traitor by the Act of the 29 of Elizabeth so that if he laies it between the 28 of the Queen and the 29. if the Jury find that hee did retaine him knowingly on the 10. of May 29. then it will not be denyed but that it is an offence against the Statute Mr. Hales But still we say the Inditement is naught in that case because it takes in a time which was before the Act came forth so that the party might do it within the time exprest in the inditement and yet not do it contrary to the Act and this is our case At. Gen. My Lord you have heard us for that Mr. Hales The last thing is concerning contribution to Silas Titus and Sterks a Scotchman and to that we have the same Exception that that is not made Treason by any Act of Parliament and therefore it is mislaid to be done Traiterously for the Statute of the 26 of March 1650 only prohibits it and so makes it penalt but not Treason But then we say againe it is laid very uncertainly too that is at the times before mentioned if Mr. Atturney of the Dutchie his constructions should stand that is that the times before mentioned refer to the time past then he may refer to a time before the Act. But we conceive the thing it selfe is not Treason by the Act but only prohibited and we conceive under favour still that by way of reduction to any of the former Charges this shall not be made as an instance or an overt act by way of reduction to any of the former Charges because it is charged particularly to be traiterously done because there are severall charges of Treason before and that which Mr. Atturny was pleased to observe upon another occasion that in this case the charge is against severall Acts of Parliament it is true but though it be against severall Acts of Parliament yet it must bind pinch upon one for we say one Treason is not to be made an instance to another and so to be made accessary and depending and accidentall to another and then we say in this case that this being not a Treason in it selfe and being as uncertain to which of the former Treasons it is applyed it cannot be well laid nor well applyed that is to the last that he did voluntarily relieve Silas Titus it is not made Treason Attur Gen. It is against the
confess so much as he hath done yet for the lenitie of the State that hath moved them to take care of their own preservation And I would not do it but that he hath stood upon all terms of defiance with justice and majesty and you have heard from a fellow Minister what he did the last day and the principles he urgeth this day which let me repeat again there will be no living in society if these things be let alone My Lord it is much insinuated by him that his blood will be upon you and the Court J would he had thought upon blood before these things had been so transacted by himself I am afraid between God and his own conscience be it and those that have had correspondency with him that much of this blood that hath been spilt in Scotland hath been much by their means you hear him say that what was desired by them and in order to what it was was that the King of Scots might joyn with the Scottish Nation and not go to Ireland that was his conscience I do not know his conscience led him to meddle with those things to meddle with State-affairs But my Lord if it be so and this hath been brought on by them that one hath incouraged the King to joyn with the Scots and the other hath incouraged the Scots to joyn with the King by hopes of parties here which he himself acknowledgeth now was undertook in the name of a Presbyterian party though I think and do believe it for very many honest Presbyterians that they would spit in his face if he should say it of them but I say these doings hath occasioned the shedding of much blood and a great deal of variance between the two Nations and the Lord knowes when it will end But my Lord as he concluded for himself you will be pleased my Lord to give me leave though not in that way of conjuration as he hath done to say for the State I shall not prevent your judgements but it is better that one man than a State should perish And if this man be guilty of the Treasons proved against him I believe himself will judge he had better perish and suffer death than the State should perish All these actings of his have been underminings of the State clean through carried on very closely and covertly in disguises and not discovered but he that dances in a net will be catch't trapping at last My Lord before you give your judgment you wil consider that justice to the Common-wealth So my Lord I have added what my bad memory J hope not bad conscience hath repeated to me as might give some answer to what he hath said but since he hath been pleased to take such pains to run through all and every one of the evidence so exactly and hath had three dayes given him for it my Lord I shall ask but one for my self and for those that are the Councell of the Common-wealth My Lord this is all I shall say at present to you and shall say no more till next meeting Judge Keeble The Lord President speaks after the Attourney-Generall the very beginning of his Speech was not heard he beginning very softly L. Pres But again in this point for the Presbyterian Government if it be rectified doubtless it tends to the peace of this Nation and all places but not with a Scotch limitation I deny that nor limited by a Scotch Covenant The next thing is this because you often fall upon distinctions of the Law and that you are ignorant of the Law the more to blame you that profess the learning of the Law of God for there is no Law in England but is as really and truly the Law of God as any Scripture-phrase that is by consequence from the very Texts of Scripture for there are very many consequences reasoned out of the Texts of Scripture so is the Law of England the very consequence of the very Decalogue it self and whatsoever is not consonant to Scripture in the Law of England is not the Law of England the very books and learning of the Law whatsoever is not consonant to the Law of God in Scripture or to right reason which is maintained by Scripture whatsoever is in England be it Acts of Parliament Customes or any Judiciall Acts of the Court it is not the Law of England but the errour of the party which did pronounce it and you or any man else at Bar may so plead it and therefore to profess you are knowing in the Laws of God and yet to be ignorant of the Lawes of England when yet the Lawes of England be so purely the Lawes of God as no Law in the world more practicall at this day for you to be ignorant of them it is not to your commendation nor to any of your profession Then Sir for your going on in these wayes The Court with patience hath heard you I think two hours or thereabouts and you have done nothing but anticipated the Court What do you think they have not understandings and judgements and consciences They would have done it they would have examined these Witnesses precisely and would have compared them but you have taken up all this time by way of anticipation and in a Rhethoricall way to do it let me tell you that Orators among the Heathen have been the greatest Incendiaries and those Orators in Christendome that do not set their judgements upon right ends they are the most unworthy men in Christendome for there is no heresies murders traiterous and treasonable practises and attemptings and all the highest wickednesses that ever were committed in Christendome whatsoever or in this Nation in particular but they have had some of that profession that have called themselves Ministers of Jesus Christ as the Jesuits of Jesus and the Priests of those and all these things and high actings have still had some tincture of your Coat in them Therefore it is not your Office can excuse you your Office is sacred as other Christian Offices are and you are no more Divines by your Office but you are to remember and you must know that Christian justice that you teach in the Pulpit to act it in the Court is of a higher nature than preaching is and therefore in this that you should advance your profession beyond the Judicatories of this Land know that Judgement and Justice is the highest Religion in the world both in Christendome and out of it And this Sir wee would have you know that Lawyers Doctrine tends to this and I hope hereafter you will be more obedient and better vers'd to know these grounds of the Laws of England by which now you are called here I shall say no more but take advice with the Court about you The Court adjourns and M. Love is commanded away The fourth Dayes proceeding June 27. 1651. Mr. Hall The first Councell for the Common-Wealth Mr. Hall MY Lord The Prisoner at the Bar Mr. Love stands impeach'd