THE WHOLE TRIALL OF Mr Christopher Love BEFORE A pretended High Court of Justice in Westminster-Hall Containing The Charge of High Treason against him Debates between the Court and him before his pleading to the Charge The several depositions of the Witnesses Mr. Loves Defence to the Charge and Evidence Mr. Serjeant Hales a learned Counsell his Plea against the Charge and Evidence And the Sentence WITH The Relation of his Suffering and his Speech and Prayer at his Death upon the Scaffold on Tower-hill Published by John Farthing Citizen of London who took the Triall in the said Court in Short-writing for Mr. Love and at his own request To which is added The Tragedy of his Triall and Death in very elegant Verses By the acute Author of Iter Boreale London Printed in the Year 1660. TO THE READER Reader THou hast here a true and impartiall account of the Proceedings of the High Court of Justice so called against that faithfull Servant and Minister of Christ M. Christopher Love a man of so much and such known worâ—h while he lived and of so good a name and memory now dead that as any thing I can say of him would signifie little so I shall be wholy silent in it What and how extreme the Proceedings of the Court were against him will by this that follows sufficiently appear especially if thou dost but considerately peruse M. Loves defence and the Plea of that honourable Gentleman and his then faithfull Counsell M. Serjeant Hales against both the Charge and Evidence This triall was formerly printed but not till now made thus publick the times not bearing it The Court took a severe course to have prevented the publishing of it as being it seems conscious to themselves of their own foul and false play therein and did therefore every day commit my very Notes to the Tower though they did not prove to be under such strict keeping but that I had the liberty of giving them severall visits not that I think every one of the Court should fall under the same consideration for there were divers of them as I am certainly informed that would not at all have appeared in it but upon the earnest solicitation of some nearly related to M. Love and that only in order if it could have been to the saving of his life My aim in now publishing this Triall is not that it should prove an injury to or an irritation of any but partly a little to revive the memory of that now blessed servant of God though I know the righteous shall be had in everlasting remembrance and partly that the world may be somewhat acquainted with the manner of proceedings of our high Courts of Justice especially when they have been erected as it is too too apparent ours have been only to feed the malice and serve the corrupt and unjust interests of ambitious and merciless men J. F. The Trial of Master LOVE before the High Court of Justice in Westminster Hall June 20. 1651. THe Court being set and called over the Lieutenant of the Tower was commanded to bring forth his Prisoner and Master Love was brought to the Bar. After the reading of divers late acts of Parliament concerning Treason Master Prideaux the Atturney generall for the Common-wealth spake as followeth Attur Gen. My Lord you have heard severall Acts of Parliament read and the offences therein mentioned My Lord I have here a Charge against Mr. Love the Prisoner at the Bar and I humbly desire that it may be read likewise and you may please to take his Reply to it whether by Confession or otherwise The Clerk is commanded to reade the Charge The Clerk A Charge of high Treason and other high Crimes and Offences exhibited to the high Court of Justice by Edmond Prideaux Atturney Generall for the Commonwealth of England for and on the behalf of the Keepers of the Liberties of England by Authority of Parliament against Christopher Love late of London Clerk by him preferred and commenced against the said Christopher Love That is to say THat he the said Christopher Love as a false Traytor and enemy of this Common-wealth and free State of England and out of a trayterous and wicked designe to stir up a new and bloody war and to raise insurrections seditions and rebellions within this Nation did in severall daies and times that is to say in the yeers of our Lord 1648 1649 1650 1651. at London and at divers other places within this Common-wealth of England and elsewhere together with William Drake late of London Mercer Henry Jermin late of London Esquire Henry Piercy late of London Esquire John Gibbons late of London Gentleman Edward Massey late of London Esquire Richard Graves late of London Esquire Sylas Titus late of London Gentleman James Bunce late of London Alderman and other their accomplices yet unknown traiterously and maliciously combine confederate and complot contrive and endeavour to stir and raise up forces against the present Government of this Nation since the same hath been setled in a Common-wealth and free State without a King and House of Lords and for the subversion and alteration of the same And the better to carry on and accomplish their said traiterous and wicked designe he the said Christopher Love together with the said William Drake Henry Jermin Henry Piercy Richard Graves Edward Massey John Gibbons Sylas Titus James Bunce and others since the death of Charls Stewart late King of England who for his notorious treasons and other tyrannies and murders by him committed in the late unnatural and cruel war was by Authority derived from Parliament justly condemned to death and executed several daies and times in the respective years aforesaid at London aforesaid and at sundry other places of this Common-wealth and since this Nation was setled in the way of a Common-wealth or free State as aforesaid did traiterously and maliciously declare publish and promote Charles Stewart the eldest Son of the late King of England to be King of England meaning this Common-wealth without the consent of the people in Parliament first had and signified by Authority and Ordinances to that purpose And further to carry on and accomplish their said traiterous and wicked designe he the said Christopher Love on severall daies and times in the respective yeers aforesaid at London aforesaid and in divers other places within this Common-wealth of England and elsewhere together with the said William Drake Henry Jermin Henry Piercy Richard Graves Edward Massey John Gibbons Sylas Titus James Bunch and other their accomplices as aforesaid did traiterously and maliciously invite aid and assist the Scots being forraigners and strangers to invade this Common-wealth of England and adhered to the forces of the enemy raised against the Parliament and Common-wealth aforesaid and Keepers of the Liberties of England aforesaid And further to carry on and accomplish the said traiterous and wicked design he the said Christopher Love divers daies and times between the twenty ninth
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
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
errand here was to reconcile both parties the Royal and Presbyterian party and to make them both subservient to do his work My Lord he treated with the Countesse of Carlisle William Drake and divers others citizens of London and this was with the privity of the Ministers My Lord he had commission from the King to assure these conspirators that if they could procure the Scots to send more moderate propositions then they had formerly sent for the treaty was broken off before the propositions were then immoderate that they should be satisfied Thereupon they were so confident of themselves and so bold and in this Master Love had a principal hand that without any more ado he frames a Letter to Scotland to advise them and to perswade them by all means to send more moderate propositions The Scots return them this answer That they saw no cause to send more moderate propositions but they desiring a good successe of the Treaty they should send before hand to the King to prepare and move him to comply with the propositions when they came Thereupon they were as ready whereas they sent with the one hand to the Scots so with the other hand to the King They framed a Letter to the King and I will expresse it in their own language this was the substance of their Letter First they let the Prince know that there was a considerable party in England sensible of their sufferings there they made themselves so considerable and by and by you shall see what became of that First the Kind did understand them to be so considerable Secondly they were bound in conscience and loyalty to the utmost to help him to his just rights if he were once ingaged with them by taking the Covenant c. and prosecuting the ends of it Thirdly that there was no way to do this but by closing with his subjects of Scotland Fourthly that being done all the Presbyterians were bound to assist him And this which they did must be sent away before commissioners come to prepare the King to give them good entertainments With this Letter there was a Letter sent to the late Queen to desire her by all means to work the King to a compliance with the Scots And there was a Letter sent to my Lord Piercy and Jermin to that purpose taking notice that the Queen my Lord Piercy and Jermin were their very good friends and ready for this conjunction whereof they took special notice and did approve of it as a thing very acceptable and which should be remembred in due time My Lord this Letter was sent and afterwards Mason he brings the Answer from the King and Queen and Piercy all agreeing to work this that the Scots if they came with propositions should be complied withal But Piercy and Jermin writ further and did advise them to the intent the King might not fall back again that they would send a meet person to be present about the King when the commissioners came that so he might see faire play And thereupon Titus was sent away to be an agent there for them at this Treaty and this Treaty was at Jersey but this Treaty took not effect as was desired Whereupon they resolved upon another treaty at Bredah but at the treaty at Bredah the King advised in his Letter which I shall reade in the later end of the Letter that they would send commissioners then to treat with him My Lord the Letter was written by the King back again to the Ministers First the King in the Letter took notice of the Ministers non-compliance with the present power and of their loyalty and good affection to him and that if God restored him he would requite them Secondly he promised all satisfaction to the Scots Thirdly made large promises of high favours particularly to the Ministers Fourthly wisht them to send commissioners sufficiently instructed to treat at Bredah Now my Lord in the Diary that came along with this for there was a Diary of all Titus his Negotiations in that Diary it did appear that the King was very much satisfied with the correspondents application to him and that that should be a main argument to him to satisfie the Scots So my Lord if they had not thus moderated and perswaded the King that they were a very considerable party he would never in all probability have closed with the Scots but have thought them very inconsiderable But when he was informed that if he closed with the Scots he should have a considerable party in England that made him think the Scots were worth the closing with My Lord Titus in his Negotiation at Jersey did assure the King that the Ministers were averse to the present Government both in pulpit and in print and that they were well-affected to serve him and the Nation and that the Nation was ready to espouse his quarrel if he did joyne with the Scots This he did assure him in the behalf of the Ministers And to shew how they did own this they did like this assurance so well that they sent him another Letter and they did likewise send him a Letter of thanks for his good service he had done in possessing the King how considerable they were My Lord after this businesse of Jersey when Titus had done his good service there he was coming home to make his relation but heaâ—ing by the way that the Councel of State had intercepted some Letters he durst not come farther then Calice and from thence he sends a Letter to let them know all this and withal that he had something to communicate to these conspirators that was not fit to be communicated by Letter and therefore desired that some meet person might be sent to Calice Thereupon this Letter being read in Mr. Loves study so secretly was it carried there it was agreed that Major Alford should be the man that should go to Titus and should receive all this account from him Whereupon Alford he went away to Titus presently and there he did speak to him and Titus did acquaint him with all these proceedings and withall they did advise that a Commission should be sent in the later part of the Letter So that now they had no more to do but since their hopes failed them at Jersey to have an eye to the Treaty at Bredah where they desired to send Commissioners My Lord this letter to be presented at Bredah was managed at Mr. Loves house Col. Massey Col. Graves Titus c. These were the parties There were Letters sent to them to act accordingly and Titus sent letters to the King and Queen and Piercy And again my Lord for the Commission it was as transcendent a boldnesse as ever was done by private men and the Commission was corrected by Mr. Love for it was rough drawn by William Drake which was the English Agent here But Mr. Love in his study and Doctor Drake did help to correct it The substance of the Commission was this We the
Thirdly promised to repay all whatever they should lend But when and by whom this payment should be made the letter will tell you and that is when God shall blesse their endeavours in procuring a free Parliament in England So the Parliament in England must pay all the Scots debts that these conspirators shall lend Truly I thinke it will be a very free Parliament indeed when it comes so free out of the peoples purses My Lord Mr. Love and others gave Bamfields man that brought this Narrative out of their own purses ten pounds and sent a bill of exchange of 30. pounds to Bamfield by one witnesse it will be expresly proved that ten pounds of this money came out of Mr. Loves purse My Lord William Drakes last letter did informe that Massey would break into England as soon as there was grasse for his horses and therefore he sent to have a good bank of money provided in readinesse and that they should think of timing a party and that they should neither rise too soon nor too late but just when Massey came in this Mr. Love told Major Adams My Lord now we come so near to the time as that one of these conspirators is apprehended by the Councel of State When he had been in restraint three daies he sent to Mr. Love and Mr. Love came to him but he had been at a kinde of a Fast for they did keep Fasts once a fortnight at least and Prayers for the good success of this design That God would bless this wonderful Treason which was for the making by the Scots Army an utter subversion of this Commonwealth and the free and noble and magnanimous people of England should be made vassals and contributaries to the Scots Nation This was the design and for this design the Ministers fasted and prayed But it is plain God did abhor such things And my Lord Master Love took upon him to speak to the person under restraint Take heed saith he what you do least you wrong your self or others and said It is true Titus his man hath broken up Papers but we are all well enough but give notice to the rest of the Confederates That they may not be surprised but be you not troubled because we have prayed for you this day And they implored the God of Truth that nothing of all this should come to light but that we should be in the dark still in generals My Lord This is the true state of the evidence as near as I can present it with a frail memory And my Lord I have opened nothing but generals your Lordship and the Court will judge of it and Master Love will have the less to do to answer But it appears by this That there hath been such a practice such a series of Treason Treason upon Treason that one Act of Parliament is not enough to contain it but all those Acts of Parliament read every one of them make him a Traytor And my Lord I am sorry I have taken up so much of your time especially when you have spent so much time before If your Lordship therefore will be pleased to have the patience to hear the Witnesses we shall prove more then I have yet opened At. Gen. My Lord This was an early Treason that began betimes to crush the Commonwealth in its infancy And my Lord Master Love being singled out for justice you will anone observe there was singular cause for it and if he had had his desert it had been long before now But States can play sometimes with Treasons and not take a time tell they see fit My Lord This Treason as I have opened it to you began in the year 1648. The King of Scots so called but take notice That the same Nation and Persons that proclaimed him King of Scotland proclaimed him King of England also at the same time in the same Nation and those persons that proclaimed this person King of Scotland the same proclaimed him King of England My Lord You have heard some of the Conspirators named Titus and Drake active men both of them These men have been so ingenuous That they have fled for their Treasons notwithstanding this Gentleman a Minister of the Gospel he doth not do so they have confest their offences and are fled for them they dare not appear they have so much guilt within them that prompts them to keep away but this Gentleman hath not so much My Lord Drake was so active and it was carried on with so much secresie and so much as they thought of Caution That Master Drake writing as that Gentleman next Mr. Love doth in short hand he burnt his Papers and burnt all where any thing was to be seen so that no originals are to be seen My Lord in this case it hath been opened to you what transactions Mr. Love had with Scotland and you have been pleased to observe it was a tender point that Mr. Love did enter discourse with the Scotch Nation Mr. Love was very much troubled at it and he may see just cause to be troubled at it And will you give me leave there hath been Blood and Treasure spent as was told you by Mr. Solicitor I am afraid I might too justly say by that Gentleman and those he did seduce That they have been too much the cause of this Blood even that Gentleman that stands at the Bar that should be a man of peace and not of blood My Lord I may justly say That that Gentleman hath been too much the cause of these late Engagements between these two Nations and making himself a party and it is a sad thing when parties appear against a State My Lord I am too much afraid what ever God pleases to work upon him That it should touch his Conscience that he should be instrumental in such a work But I verily believe had there not bin actings from hence there had not bin so much forwardness in the Kings party to the Scots My Lord I will minde that Gentleman of what is said of the fifth of November I am sorry for it that it should be said of our Ministers whose Faith is Faction Whose Religion is Rebellion it is said so of the Romish Ministers I hope it will not be said so of the English That their Faith is Faction and that they pray for strife and fast for strife My Lord For these men Drake and Titus they are gone as I said and they did confess themselves so much guilty as that they have fled for it and Mr. Love doth know I am sorry to see him in that gesture that he was conversant with them all and doth know I believe that we can prove it and when he hears the men named he will say so too Truly my Lord I have nothing to say against the person of the man but against his vices and faults and nothing to his Function and nothing to those whom he pretends so boldly to represent that is the Presbyterian party
fault that is no offence for an honest man questioned for a fact to confess the truth thereof I have not heard that that is no good law and I do say that before ever this man came to be examined we did know it all and perchance from those that this Gentleman thought fitter to trust then us but we did so know it before that every circumstance was opened by us and we did convince this Gentleman and others though not Mr Love But Mr. Love saith He must not accuse himself he must not answer but this Gentleman did more ingeniously I do affirm That he was questioned to every particular before he answered And we do know that the State hath long hands and ears Now my Lord if you please ask M. Potter what he knows of this business of sending to and receiving from Scotland L. Pres You are upon your Oath and in the presence of God then whom there is no higher upon the earth that is in the seat of Justice and without relation as Mr. Love saith to the parties therefore tell the truth of your knowledge in the transaction of this treacherous treason that hath now been above two years in the passages between the Presbyterian party At. Gen. No my Lord we will not own that upon them there are some that do stile themselves so The Presbyterian Party that are consciencious persons and pious and godly men and I should do them wrong should I lay it upon them but that which I do is against those that do undertake to stile themselves The Heads of them L. Pres Begin then with that which concerns Mr. Drakes Agency Cap. Pot. I have taken an oath to speak the whole truth in this business but that is the truth I know I desire I may not be prest to things that I have onely heard At. Gen. You must and from whom you heard them Cap. Pot. I was examined several times and had a wide latitude there and then I was to speak to every truth as I thought and heard but now I have taken an oath to speak the truth between the State and this Gentleman And I beseech you that I may be held close to those things and I will give you the fullest and fairest account I can What I said before was in order to the discovery of the thing much of which I had by hear-say from others and in that I may mistake in persons places and times What I have done my self and what I know this Gentleman hath done that may be put to me fully Mr. Love The witness must so speak That we have seen and heard that do we testifie At. Gen. Your Doctrine will not pass here Mr. Love It is Scripture Sir and it behoves me to speak for I am upon my life At. Gen. Mr. Potter speak what you know and from whom and I desire there may be no glosses put there by those who I am sure cannot do it I ask you first of the proceedings and â—ending to Scotland and back again to England and what you know of it and from whom C. Pot. My Lord the Committee that examined me knows I was not privâ— to the first transaction I did say indeed something of it by hear-say and I did likewise say That Mr. Drake told it me but I may erre in that particular possibly M. Drake did not tell me so for as I apprehend I said I did think it did put a necessity upon the King to agree with the Scots and then having seen some papers and conferr'd with that relation others have made I collected the truth of them as far as I did know but now I am upon my oath let me therefore come to the matter I spake then many things as I heard which I cannot affirm upon my oath L. Pres We must judge of what you have heard C. Pot. My Lord I cannot be certain of that At. Gen. That is receded from But what do you know of Masons coming over here C. Pot. I know nothing of Mason I saw him but once and at that time there past nothing between us of publick concernment as I remember Att. Gen. What was the answer that was returned to that which Mason did bring C. Pot. That I can speak nothing to of my own knowledge I heard he was come hither and was here to see the tempers of men and to see how things were like to go Att. Gen. My Lord ask him from whom he came C. Pot. It was said he came from my Lord Piercy but these things are so remote from me that I can say nothing to them of my own knowledge Att. Gen. My Lord let him speak what he knows about reconciling the Presbyterian parties C. Pot. I think others can speak more close to that I can say nothing but by hear-say I heard that Mason did indeavour here to finde how the affections of the people stood and whether there was a necessity that the King should comply with the Scots or with the cavaliering party and that he found a necessity of complying with the Scots L. Pres What assistance should he have from hence C. Pot. I know no more of Mason then this Att. Gen. My Lord ask him if there were not some letters returned by Mason in answer to what he brought C. Pot. Not that I know of L. Pres Did you hear of it C. Pot. I think I did hear of it but I cannot tell by whom I think by William Drake Att. Gen. My Lord ask him whether he knows of any petition sent to the King of Scots C. Pot. I do not know of any but have heard so L. Pres By whom did you hear so C Pot. By William Drake L. Pres Who did Drake say did carry the petition C Pot. I cannot tell Att. Gen. Do you know of any answer returned from Piercy and Jermin C. Pot. I know nothing at all of these things L. Pres Were not you invited to the meeting C. Pot. Yes I was Att. Gen. What did he tell you C. Pot. Nothing at all we had nothing but common discourse there Att. Gen. Who was there C. Pot. There was William Drake Major Alford and I think Mason and Titus were there L Pres Do you remember any more C. Pot. I do not remember nor can I certainly say they were there L. Pres Were not you prest or moved to go to Jersey C. Pot. Not that I know of L. Pres Did not Titus offer to go C. Pot. I cannot well tell but at that time or some other he either was spoken to to go or offered to go L. Pres How long ago C. Pot. My Lord I cannot speak this of my own knowledge but I have heard say I think a month after the time L. Pres Had he any money to bear his charges C. Pot. I know of none Att. Gen. Well what meetings afterwards was there in M. Loves study C. Pot. I have been at M. Loves severall times Att. Gen. My Lord ask him whether he was not
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 he gave me encouragement onely as a friend and Minister of the Gospel ought to do At. Gen. What was that C. Pot. He wisht me to make a Christian use of my afflictions and gave me some other instructions we had an hours discourse and it was all to this purpose he wisht me to make a Christian use of my restraint and to labour to get Christian Wisdome and fortitude L. Pres What did he say more to you C. Pot. My Lord no more past between us and J gave him an account of what questions J was examined upon in Cooks businesse L. Pres Did you give him an account C. Pot. J have said so and he did advise me to prudence and fortitude and courage At Gen. Did he not advise you to be couragious and that unlesse you discover one another you were safe enough C. Pot. My Lord my keeper was with me and we had no such discourse At. Gen. Did he not wish you to be silent C. Pot. Either then or since he did tel me there was a letter came from M. Drake that told him Titus his man had taken some letters from Titus but he could not conceive how it could concern me Att. Gen. But did he discover nothing and wish you to be prudent for your selfe and them C. Pot. He did not then Att. Gen. VVhen then C. Pot. I saw him not since and he told me of Bamfields man Att. Gen. How came it about Mr. Love spake with you C. Pot. I did prevail with my keeper to go with me to dinner and to take a glasse of wine and then I provided for Mr. Loves coming to me Att. Gen. What hath Mistresse Love said unto you C. Pot. I saw her ever and anon Att. Gen. What hath she said to you C. Pot. She hath wish'd me with tears to have a care of her husband and not to discover any thing I think she hath Att. Gen. Did not Mr. Love say then that he had been at a fast where you were remembred C. Pot. He did so Att. Gen. My Lord I confesse I was with this man in the Tower as I am bound to do by my place to examine him he had made his examination before I came thither and I brought it with me My Lord I did ask him questions he did answer me upon knowledge he did confesse the truth but told them Mr. Atturney Generall was pleased to help him to particulars and bring them to his remembrance C. Pot. I professe if it had been to save my life I could not affirm them but you putting me in mind of it I did know of it Att. Gen. At the Committee of Examinations then he had more particulars told him and he did confesse he did know them all and he may give you an account whether he did not give an account under his own hand My Lord I am not abused but the Councel of State and the Parliament are abused and if this man should do this wrong to Mr. Love and informe the Court and Councel and the man be brought upon his life because he hath affirmed it and that severall times before severall Committees This man must not scape unpunish'd if for no other fault but this to accuse a man before Authority and when he comes to his oath to deny every word of it Captain Fisher will witnesse that he did bring all under his own hand and upon my credit he did speak as fully as we did open and much more fully and I answered upon here-say how do you know it and he said he did know it he did remember it and he did put it down positively and that when Mr. Drake went away all the meetings were at Mr. Loves house and Mr. Love did still declare the occasion of the meetings and the letters were opened by him and the discourse upon them and every word he said upon his own knowledg C. Pot. I do confesse again that before Captain Fisher and Mr. Atturney did prompt me Att. Gen. Prompt you Sir C. Pot. Before he did remember me of them I had forgot them as if I had never heard them but it is one thing to remember a thing as I have heard and as J conceive to be true and another thing to swear to it positively and the paper allowed me this latitude some of it I have heard the rest J believe and some J know and upon this account J believe it is all true Att. Gen. My Lord 'T is possible J might wish him to expresse what he did know himselfe and what he did know by relation of others and so did set it down and he did it fully and clearly and after all this brought it in again written with his own hand to the Councell of State Att. Gen. My Lord if you please Captain Fisher may go for the Originall under his own hands Clerk The Originall cannot be â—ound Mr. Love Here is nothing at all that concerns me about the businesse of Titus in Jersie and about the letter from Titus and the copie of the letter from the King he tels you he doth not know it was in my â—ouse he tels you it was but a copie not the Originall Captain Potâ—er withdraws Major Alford called into the Court and takes his oath Att. Gen. My Lord let him declare what he knows either by himselfe or others and of his imployment at Calice make the whole Narrative as much as you can remember Major Alford My Lord J was one morning wish'd to go with William Drake to the Swan at Dowgate heating there was a Gentleman lately come from the Prince where J should hear all the news from beyond the Seas when J came there it was one Captain Titus one whom J had never seen before and he gave a relation of the good disposition of the Prince and how inclinable he was to take the covenant and to cast off the cavaliering party and those about him if theâ—e were an opportunity to make it known that there was a considerable party in England that would stick close to the ends of the covenant Upon that Sir my selfe and some others that were there did think we were bound in duty and in relation to the Covenant to presse the ends of the Covenant for the Prince to take it and to prosecute the ends of it And for that Captain Titus said if we would appoint another meeting he would draw up something by way of attestation or petition to the Prince to that purpose My Lord we did meet at the Bear in Breadstreet and there he did draw forth something that he had framed to that purpose and he read it and afterwards not at that time it was agreed upon to be sent over to the Prince The substance of it was to presse the Prince to apply himself to take the covenant and to prosecute the ends of it and to cast off all his cavaliering party about him which had brought so much mischief to his father and would do
the like to him This Captain Titus drew up and this I believe was sent over for Titus undertook to send it over I did ask how the Prince should be made to believe that this coming from an inconsiderable party as we were should come under the notion of the Presbyterian party of England for it went under that notion He said he should undertake that by the means of my Lord Piercy And the petition that was agreed upon he did send over I believe for I did not carry it to the post-house but he did undertake to do it Afterwards he went over himself and when he was over he had information that there was notice of his being here and of the businesse he was upon and therefore he writ over to William Drake as M. Drake told me that he did desire some of us that knew of the businesse should be sent over to him to receive that account from him which he had in the businesse So M. Drake did perswade me to go over to Calice and having some businesse of my own I did go over to Calice I went from my house on the friday night and I was back again on the tuesday following And he did give me an account of that transaction The substance of it was this It was about his own troubles he had undergone there by the cavalieâ—ing party in managing that businesse He had likewise been imprisoned and they told him they would try him as a spy and that they urged hard against him and that he was in that condition till my Lord Liberton the Scotch commissioner came over and by his means he had accesse to and favour with the Prince And that was the substance of all He said the King was averse to the covenant not of himself but by reason of those counsels that were about him And this was the substance of that account he gave me of his transaction there at Jersey in reference to the businesse he went upon And this he gave me in writing which I brought over to deliver to M. Drake for it was directed to him which I did deliver Afterwards Master Drake carried them to Master Loves house where they were read And that is all as to that businesse Then afterwards there was a commission they called it a commission it was agreed upon among us to be sent over to my Lord Willoughby of Parham and Massey and I think Graves and Titus that they should agitate and act for us at Bredah and to advise with the Scotch commissioners that were there in the behalf of the Presbyterian party here in England and that is all in relation to that Afterward M. Drake read to me the copy of a letter in characters which he had written himself in his own back-shop which he told me should be sent to the Queen which was to perswade her to perswade the King as he came that way to close with the Scots for that was the likeliest way to make good his own interest but that was at M. Drakes house onely between him and I. Afterwards M. Drake told me he had disbursed money about receiving of letters and receiving of news and did wish me that I would let him have ten pounds and said he would speak to some others of his acquaintance to do the like and if he could get up a considerable sum I should have part back again for he said the charge was too great for him to undertake and I do think he had ten pounds of me for that After Dunbar fight there was I and some others at M. Loves in his great lower room where was a letter read that was said to be from Major General Massey that gave an account of the businesse of Dunbar and also did write for Arms I know not how many thousands and to that purpose that they might be provided by the way of Holland But upon that all that were there did say I heard no man speak of providing arms or any such thing He writ in his letter that for his own necessities and Captain Titus that was there that a motion might be made for providing some money to send over for their supply and it was then said we were so inconsiderable and so few that the sum spoken of could not be done and therefore it was moved that every one should do by himself and friends what he could This was the substance of that Att. Gen. I believe My Lord he hath dealt ingenuously with you This in the generall I pray you ask him what he knows concerning any letters that should have been sent at the beginning of the change of this government to Scotland from any part of England Major Alford For that I know nothing but heard Mr. Drake say that he had correspondency with some in Scotland and I have heard him use one Mr. Baileys name and he had a cypher which they writ by Att Gen. For the Swan at Dowgate he gave relation of that but who was present then Maj. Alford Truly my Lord it is so long since that I cannot positively tell but I am sure I can remember there was M. Huntington and William Drake and Lieut. Col. Bains And I cannot tell my Lord I think there was one Mr. Hall Att. Gen. Was Mr. Gibbons there or not Maj. Alf. Truly My Lord I cannot tell whether he was there at that time or no. Att. Gen. My Lord he saies Titus at that time did give relation of the Prince and his party Can you remember what that relation was and do you know whether this was not afterward communicated and to whom Maj. Alf. I have given you the substance of it but for communicating of it I knew it from none but onely from those there Att. Gen. Titus took time to draw it up Maj. Alf. He did so and at the next meeting at Breadstreet there were the same men again and I think at the same time there was Col. Barton Att. Gen. Was there no mention then when it was propounded to you to be a considerable party was it not said the ministers were to be acquainted with it Maj. Alf. It was asked Titus how the King should be possessed that this came from the Presbyterian party in England because it was agreed upon that there should be no names used to it he said there needed none but onely the ingagement of the ministers in it Att. Gen. What ministers Maj Alf. Truly he did not speak a word of any man that I know of Att. Gen. Was it not then propounded that Titus should be sent to the Scotch King before Commissioners came to him to have a correspondency settled between him and some others here Maj. Alf. I cannot say at that time but afterwards Whether at that time or any other J cannot tell but one time Titus said he had learned from my Lord Piercy which had hastened him over that this businesse was of that concernment that they that did undertake it should be there before the
Scotch Commissioners did come And thereupon Titus as William Drake told me for this was not at the meeting was perswaded to undertake to go about this businesse Att. Gen. Whether was there not some directions given for a letter to be written to the Queen to prepare the Articles with the Scots Maj. Alf. I cannot say any thing but what William Drake told me privately between him and I as to that purpose a letter to the Queen Att. Gen. What was that Maj. Alf. I did tell your Lordship Att. Gen. My Lord ask him whether he was not at supper with Titus Maj. Alf. No my Lord I was not there when he offered himself to go as I know of Att. Gen. What money had Titus to bear his charges Maj. Alf. Thirty pounds Att. Gen. From whom Maj. Alf. From William Drake singly L. Pres Did not Drake gather it up again Maj. Alf. My Lord I cannot tell I know nothing of any man but what I did my self Att. Gen. We were now speaking of the meeting at Mr. Loves house and of Titus letter being read and he sent Let him give a particular relation of that again I make bold to ask him questions to help his memory Maj. Alf. The letter that was read of Titus was not at Mr. Loves house as I know of but Mr. Drake for all things came to him and we knew nothing but onely from him for the correspondency was setled between William Drake and Captain Titus nor at any publick meeting that I know of but what Drake told me L. Pres But you were at Mr. Loves house you said but now Maj. Alf. I was but not upon this accompt it was after I had been over for I do not know that ever I was at Mr. Loves house or ever spake with him till I went over if I have I have forgot that ever I spake in my life to Mr. Love about it till after I came from Calice and then I did bring over a relation and gave an account of it concerning Titus his transactions L. Pres That account you gave at Mr. Loves house Maj. Alf. No my Lord I gave it to William Drake for it was directed to him and it was three or foure daies after that we met at Mr. Loves house where Mr Drake read the thing L. Pres At what time was it Maj Alford At the time when the Scotch King was at Jersey Att. Gen. Whether did you bring from Titus a copy of a letter from the King Maj. Alford That I forgot but Titus did shew me a letter at leastwise he said so that he had it from the King that he sent to this Presbyterian party And my lord he did copy out the letter and the copy he gave me which I did bring over L. Pres To whom did you deliver it Maj. Alf. I delivered it to William Drake I gave it Mr. Drake himself and I think at his own house I think it was the same and that it was read at Mr. Loves house The substance of it was this as he told me That he took in good part the petition or application that was made to him and if ever God did restore him and that he was in a condition then he should think of it L. Pres What did he speak of a non-compliance with the present Government and by whom Maj. Alf. I do not remember a word of that Att. Gen. What said he concerning the Scots and what he would do for the Ministers if God restored him Maj. Alf. I cannot tell any such passage nor do I remember the particulars of it L. Pres The letter was then read you say Maj. Alf. I suppose it was the same that I gave to Mr. Drake but I cannot say it was the same because it was not in my custody Att Gen. Did not you propose to send fifty pounds to Titus Maj. Alf. For that I heard say that there was fifty pounds sent to him but whether it were or no I know nothing of it nor did contribute to it nor knew nothing of it Maj. Alf. Did not you make a Narrative your self of what you received by word of mouth from Titus Maj. Alf. It is very like I did speak of it to this purpose I tell you of I do not know particularly what I said At. Gen. Did you not receive an account from Titus of his transaction at Jersey M. Alf. I did Att. Gen. Did you not give an account of that you received from him M. Alf He gave it me in writing and I delivered it to Mr. Drake Att. Gen. But when you met at Mr. Loves house afterwards did you not make some narrative of what you received from him by word of mouth M. Alf. I had it not by word of mouth but onely by the delivery of papers to me which he could not bring over with safety L. Pres Were those papers read at that meeting M. Alf. I tell you my Lord I delivered them to Mr. Drake and Drake did reade some papers and J believe they were the same but J cannot say they were the same for they were out of my custody Att. Gen. Who then were there present M. Alf. There was Mr. Love Dr. Drake Mr. Case Major Adams Mr. Gibbons and Capt. Far. Truly J cannot particularly tell At. Gen. This was given him at Mr. Loves house and Mr. Love present My Lord I pray you ask him whether Titus his message was not well approved of and the letter of thanks to be returned and the hundred pounds in money M. Alford I do not remember any of these things you speak of now Att. Gen. What do you remember was said concerning him there Ma. Alf. I do not know what was said I do not know what any man could say to them which were papers from him I do not remember any particulars it is so long ago I believe now it is two years ago Att. Gen. Do you not remember that this was one passage in the Kings letter that the King wisht them to send Commissioners to Bredah M. Alf. I do not remember that Att. Gen. But was there not a commission at Mr. Loves house agreed upon to be sent M. Alf. That there was Att. Gen. What was to be the effect of that commission Ma. Alf. It was to advise those men to joyne with the Scotch commissioners to take advice with them and to accept the Presbyterian party with the King in relation to the first petition that was sent Att. Gen. Was Master Love there M. Alf. Mr. Love was there but I do not know what Mr. Love or any man did direct in it Att Gen. Who did correct those instructions M. Alf. I cannnt tell Att. Gen. Who was agreed to prepare the commission M. Alf. I do not know for I believe it was prepared when it came there I heard that which we call a commission read there but who prepared it or acted in it I do not know Att. Gen. Did Gibbons bring it M. Alf. Who brought it
letters sent by him Mr. Adams Mason I do know and I do know he did receive letters L. Pres From whom M. Adams He said from my Lord Piercy Att. Gen. To whom were those letters communicated here M. Adams They were communicated to M. Drake and by M. Drake to my selfe and M. Alford and C. Potter and C. Far. Att. Gen. VVas M. Love privie to it M. Adams I cannot say that my Lord. Att. Gen. VVere there not letters sent to Scotland to them and back again hither about sending moderate propositions to the King M. Adams There was such letters L. Pres VVho writ them Mr. Adams That I cannot tell L. Pres Had Mr. Love a hand in them M Adams I cannot say he had I cannot prove a negative I cannot say he had not Att. Gen. What know you of the petition sent to the King M. Adams I know nothing of it only I was told of it L. Pres Who told you of it M. Adams I cannot my Lord fix it upon any particular man but I believe I was told of it by Alford or Far or Bains for I was not there at that time L. Pres What do you know about the meeting at the Swan at Dowgate Mr. Adams My Lord I was not there At. Gen. Then my Lord he may tell you what he doth know Mr. Adams My Lord upon our meeting in some place or other I cannot tell where I cannot tell the time nor the place but either at the Swan in Fish-street or at the Swan at Dowgate or in Cateaten street in one of these three places I cannot punctually remember Att. Gen. Who was at that meeting Mr. Adams Mr. William Drake Captain Titus Major Alford Captain Far Captain Potter and my selfe and I do not know how many more or whether any more or no. L. Pres What past there Mr. Adams It was there agreed that Captain Titus should go over to Jersy Att. Gen. What was he imployed about Mr. Adams The end of his going was to endeavour to work an agreement between the King and Scots according to the Covenant That was the end that was propounded And in order to his going wee did agree to furnish him with money for the present and made some kind of promise to maintaine him while he was out Att. Gen. What money was he furnished with Mr. Adams I cannot be punctuall in that but about a hundred pounds Att. Gen. Who should pay it Mr. Adams I paid twenty pounds of it but I cannot tell who paid the rest Att. Gen. To whom did you pay it Adams To Mr. Drake Att. Gen. My Lord Ask him whether when this was sent to Jersy was there not a return made L. Pres Well go on There was your twenty pounds gone Mr. Adams This is the substance of what I can say of his going Att. Gen. Was this twenty pounds that you laid out of your owne or did you collect it of some of the rest or did you gather any of it again Mr. Adams I cannot say that I did L. Pres Did you not Mr. Adams My Lord I tell you the truth I doe not know whether I did or no for I remember it was determined that we should gather it at that meeting At. Gen. Did not Mr. Love know of the collection Mr. Adams I cannot say he did it may be he might but I dare not say upon my oath that he knew of it Att. Gen. Ask him what return Titus made what answer and what account he gave Mr. Adams M. Alford went to Calice to meet Titus and Titus did send word that the Councell of State heard of his being there and thereupon desired that some body might be sent over to him for he had something to communicate which he could not well do by writing and thereupon Mr. Alford was sent Att. Gen. My Lord Ask him where the letter was read Mr. Adams The letter that Titus sent was read by Mr. William Drake Att. Gen. Where Mr. Adams At his house as I think for I cannot certainly remember I did not say upon my Examination that it was read any where Att. Gen. Whether were not you moved to go Mr. Adams There was some motion to that end L. Pres VVho moved it and where Mr. Adams VVho moved it I cannot tell it was moved I think in Mr. Loves Chamber Att. Gen. Was Mr. Love there Mr. Adams He was there Att. Gen. Did Mr. Love move it Mr. Adams I cannot say he did L. Pres He will not say it Mr. Adams I cannot say it upon my oath Att. Gen. My Lord so much he saith that it was moved in Mr. Loves chamber then he may give you an account of Mr. Alfords return and where the account was given Mr. Adams The returne of Mr. Alfords account was given at Mr. Loves house L. Pres VVhat was it Mr. Adams The return he made in generall was by a Narrative and a copie of a letter from the King there was with the Narrative that which was said to be the copie of a letter from the King L. Pres What was the substance of that letter Mr. Adams The contents of the letter as I remember was first he exprest a great deal of affection to the Ministry of England in generall and promised great favour when he was in a condition to do it and desired them to continue stedfast in the way they were in Att. Gen. Was this letter published at Mr. Loves study Mr. Adams It was read L. Pres Was Mr. Love there Mr. Adams Truly to be positive that Mr. Love was there I dare not say but Mr. Love was there at that meeting either at the beginning or ending but whether the letter was read at Mr. Loves house I dare not swear the Narrative from Titus was a very long one and very well drawn I cannot give an account of it now the whole of it was after this manner To give an account to us of all the transactions that had happened since his going out of England he did give an account of his usage by the Cavalier Party that was against the Kings agreement with the Scots because there was some did incline to his agreement with them and there was another party was much against it and he gave a very large account of that after that he went on describing his disposition and condition Att. Gen. This was the substance of the rest Was there not some propositions for giving of thanks to Titus for his so wel managing his affairs there Mr. Adams There was a motion made by some body L. Pres Who made the motion Mr. Adams I cannot tell Att. Gen. Was not an hundred pounds more to be sent agreed upon there Mr. Adams I think so Att. Gen. There was more money contributed who agreed to lend any Adams Sir To that question I cannot say who propounded it but that there was money sent L. Pres Who contributed Mr. Adams I did my share L. Pres How much was that Mr. Adams As I remember ten pounds
Lord of Argile Lowden and others came Was there not a letter from Baily Iaquel I do not remember my Lord. Att. Gen. Nor from the Generall Assembly Iaquel I do not remember any such thing Att. Gen. Bethink your self you are upon your oath whether he that brought letters from Bamfield did not bring letters from Baily and from the Generall Assembly Jaquel I cannnot remember there was any such thing spoken of there Att. Gen. Was there no expression of letters of thanks for the good affection of the Presbyterian party here and encouragement to persevere Jaquel I do not remember any such thing Att. Gen. Was there no promises that when they by their indeavours should get a free Parliament in England that they would re-imburse all that was laid out Jaq. I do remember no such thing Mr. Love I would ask him some questions and the first is whether he hath spoken this as a meer relation or whether he owns all this he hath spoken as under an oath Att. Gen. We are past that my Lord he did say he was under an oath Mr. Love If he say so I am concluded Mr. Jaquel made no answer to this L. Pres You have asked two questions in a few words for the first whether he speak it under an oath you know that time was spent to declare it before he began If you ask of his owne knowledge you mistook it for he saith something he hath by relation and some that he knows this hee hath taken notice of what should wee further examine over the same thing for hee saith some of his own knowledge some by relation from particular parties and some from parties he cals not now to mind and it was declared by the Court that he was a witnesse and the Court accepted him Mr. Love I desire your Lordship to ask him this question whether the supposed Narrative that hee speaks of that Alford said he brought over and read at my house was read at my house or onely by Alford and so brought over as news Jaquel In truth my Lord I cannot tell that Mr. Love He speaks of Sterks a Scotch man I desire your Lordship to know wether hee knows or can affirme by the oath you say he hath taken that he was a Scotch Agent No answer to that question Mr. Love Sir Ask him this question he mentions a fast at Major Adams or Col. Bartons and that for the good of both nations because he thought they were the Church of God whether there was any intimation in that meeting that it was under this notion for the good of both Nations whether that meeting was for the Scotch Nation to invade the English Nation No answer to to that question Mr. Love He said if I have taken him rightly and if not I desire your Notaries to inform me better that Mr. Love did not agree to such a summe as forty pounds and afterwards hee said that all there said it was convenient Now I would ask how these two can agree together L. Pres You are right for the thing of agreement he disclaimed totally Mr. Love Then I did not agree to it L. Pres No nor any else M. Love But afterwards he sayes that they did conceive it was convenient Now I pray ask him how he knew that I thought it was convenient Jaquel I cannot say any thing that Mr. Love did say it was convenient but it was not dissented from nor spoken against by any as I remember Mr. Jaquel withdraws Colonel Barton is called into the Court and is sworn Att. Gen. My Lord let Colonel Barton tell you what he knows of the meeting at the Swan at Dow-gate Col. Barton My Lord I was there a little while after the death of the late King I was going into Cannon-street and met with William Drake he desired me to go with him to the Swan at Dow-gate I told him I had a little businesse in Cannon-street and I would be there by and by I staid about halfe an hour about my businesse and went then to the Swan at Dow-gate and there was to my best remembrance for positively I cannot say William Drake and one a stranger Major Huntington and Lieutenant Colonel Bains and there was one Captain Titus as was said and Major Alford and I do not remember who else were there My Lord at that time truly I was under a defect in my hearing and since that I have lost an ear through a huge heat and cold taken But my Lord I not coming but to the middle of their discourse they had and not perfectly hearing could not well judge of their discourse but afterwards I asked William Drake what the intent of the meeting was he told mee that their intentions were to make some addresses or applications some such word it was unto the Prince and to take him off from his malignant or evill Counsell about him and to put him upon such as would be honester and better Counsellers and this is the substance of what I then understood from Will. Drake My Lord J think two or three dayes afterwards I know not which there was a meeting againe at the White Hart in Basing-lane and at the corner of Bread-street there were I think most of them that I have named at the first meeting I am sure William Drake was there and Captain Titus and Lieutenant Colonel Bains and Major Huntington I cannot tell whether Mr. Alford was there or no but these I am sure were there I did not come to the beginning of that meeting neither the Paper had been read before I came in to my best remembrance but I asked William Drake what was the meaning of that meeting he told me it was to the same effect that they spake of before and they had thoughts to send some body over to the Prince to perswade him from that condition a while after J met with Lieutenant Colonel Bains and truly J did ask him more fully of the circumstances of that meeting he told me something that they intended to make use of my Lord Piercy and Jermin and those about the Prince which hee disliked Truly my Lord it troubled me extremely to think that they should make use of such ill instruments to perswade the King and J said J thought it was not well And the next time J said to William Drake you have not done well for it is not a christian way we take to make use of such men as these to perswade with the King for do you think that my Lord Piercy and Jermin and those men will ever perswade the King to leave themselves and their own Counsels so he put me off and from that time he was a little more shy of me Afterwards he did secretly and cunningly get from me Ten pounds and came under a pretence to supply a friend in necessity and J said to him you have money of your own saies he J have not so much as J must needs supply him with and
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.
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
the evidence for I tell you the evidence was ended the last day and your reply and if you had any thing you should have offered it the last day here hath been nothing new offered concerning you but as it is usuall for the Councell for the State to state the matter of Fact to the Court for they have the last word but you had fully ended before and shall we go out of the way for you more then for a whole Generation which the law runs uâ—to I do not know how to do it you had this paper in your pocket you might have pulled 〈◊〉 out aâ—d you â—â—ve had time in a nearer degree to it yet the Court is willing if you 〈…〉 Couâ—cell shortly read what you read upon for matter of Law they will hear it if such exceptions as are not of your own but by the advice of Councell Mr. Love gives in his Exceptions Exceptions taken by Chistopher Love Clerk To the Charge of high Treason and other high crimes and offences exhibited to the high Court of Justice against him by Edmund Prideaux Esq Atturney Generall for the Common-wealth of England These Exceptions are not here printed for that they come in more properly afterward being again in substance given into the Court and signed by Mr. Loves Councell and the substance of them then debated in court by Mr. Hale a Councell for M. Love Att. Gen. My Lord you have now some fruits of the Notary By the law of England he that is impeached of high Treason is not to have the copie of the Indictment it is said the Court are Judges for the prisoner and Councell for him To you all things be substantially charged That there is a substantiall Charge the evidence makes out But this precedent being admitted and the former of Lilburn's cited I shall have little encouragement to go on with any Charge of Indictments L. Pres Though it be more then the law permits yet the Court will take consideration of it Att. Gen. He did read his papers I think it is more then ever was heard of in any Court in the world but to take his papers in by your Clark I hope this is no Replication to the Charge I hope he answers not that way then we shall dispute that way again If he give papers I may and as Embassadors treat by papers L. Pres Mr. Love we have gone out of our way for you and whatever hath been suggested by the Councell this day is nothing unlesse they had offered new matter and they have offered none and therefore it is against any law that was ever yet practised in England You were concluded before though haply the neglecting of it might have been a prejudice to you yet you have offered a paper which the Court will take as a paper to consider of The Court adjourns into the painted Chamber And upon their return the Lord Pres speaks L. Pres M. Love our long absence upon this account may seem to you and others that we have had something of great difficulty among us which we have considered of That which hath been upon your papers last offered in which you have set down the parts of the Charge and the Statutes and your Exceptions These we have considered of But to these though you do affirm it here to us that it is by advice of your Councel yet it is not under your Councels hand nor your own which in order it should be we have considered of them and our examining of them hath taken up a great deal of this time we have been absent We finde that there may haply be some mistakes in your Notes Therefore it is resolved though there seem not much difficultie to us yet you shall have Councell thus doing that they shall set it down under their hands what matter of law they will argue to and bring it under their hands upon Tuesday next at eight a clock to this place or to the Painted Chamber Mr. Love Shall the Councel have onely bare liberty or will the Court assigne them me L. Pres If you desire it and name them they shall be assigned you M. Love I desire Mr. Maynard Mr. Hale Mr. Waller and Mr. Archer The Clerk was called upon to read the Order Clerk Friday the 27 of June 1651. Ordered by the High Court of Justice That if the Prisoners Councel shall under their hands assigne any matters of law fit to be argued and presented to this Court on Tuesday next at eight a clock in the morning this Court will take the same into further consideration Mr. Love I would know whether they are assigned to plead here in Court or to bring a paper under their hands L. Pres If they will under their hands set down what they will stand to for law it shall be considered and they shall plead M. Love I humbly thank your Lordships favour and the favour of the Court. Mr. Love is commanded away The Court adjourns The fifth Dayes proceedings July the 1. 1651 These Exceptions following signed by Mr. Love's Councell were delivered this morning by Mr. Love's Solicitour into the Court sitting in the Painted Chamber Exceptions to the Charge of High-Treason and other High Crimes and Offences exhibited to the High Court of Justice by Edmund Prideaux Esq Atturney Generall for the Commonwealth of England against Christopher Love Clerk And Matters of Law humbly presented to the said High-Court according to the Direction of an Order hereunto annexed For this Order see the fore-going page First THe Charge is That Christopher Love as a false Traitour and Enemy to the Commonwealth of England and out of a Traiterous and wicked Designe to stir up a new and Bloody War and to raise Insurrections Sedition and Rebellion within this Nation in severall dayes and times that is to say in the yeers of our Lord God 1648 1649 1650 1651 at London and in divers other places within this Commonwealth of England and elsewhere together with William Drake and divers other persons did traiterously combine confederate and complet together to stir and raise Forces against the present Government of this Nation since the same hath been setled in a Commonwealth and Free-State without a King and House of Lords and for the subversion and alteration of the same The Act of the 17 of July 1649. is That if any person shall maliciously or advisedly plot contrive or endeovour to raise forces against the present Government or for the subversion or alteration of the same and shall declare the same by open deed that every such offence shall be Treason Exception 1. The words Maliciously or Advisedly are left out of the Charge 2. That the words of the Act are omitted which are Plot Contrive or Endeavour 3. It is not Treason within the Act to plot contrive or endeavour to stir up or raise Forces against the present Government or for the subversion or alteration of the same unlesse the same be declared by some open deed But
stand as they are L. Pres I but hee shall see whether there be any materiall variance between the Notary and the Charge At. Gen. That Notary was upon favour too Mr. Love will acknowledge it Mr. Love I do with all thankfulness acknowledge it my lord At. Gen. I desire it may be no president for after-times The Clerk If you please read your Exceptions M. Hales My lord we begin with the first and these are the Exceptions We take it that Charge is grounded upon the Act of the 17th of July 1649. and we take some Exceptions to that first part of the Charge that is concerning what offences shall be adjudged Treason L. Pres Read your Exceptions and then you shall hear the Charge M. Hales Our Exceptions are these first that whereas the words of the Act are That if any person shall maliciously and advisedly plot contrive or indeavour to stir up or raise Forces against the present Government or for the subversion or alteration of it that the words maliciously or advisedly are left out of the Charge which we conceive are materiall words At. Gen. Read M. Barnard the Clerk That he the said Christopher Love as a false Traitor and Enemy to this Common-wealth and Free-State of England and out of a traiterous and wicked design to stir up a new and bloody war and to raise insurrections seditions and rebellions within this Nation did severall dayes and times in the several years of our Lord 1648. 1649. 1650. 1651. at London and in divers other places within this Commonwealth of England and else-where together with William Drake late of London Mercer Henry Jermin late of London Esquire Henry Piercy late of London Esquire Richard Graves late of London Esquire Edward Massy late of London Esq John Gibbon late of London Gentleman c. and other their complices yet unknown did traiterously and maliciously combine and confederate themselves together and plot contrive and indeavour At. Gen. What say you M. Hales M. Hales Now we find what the inconvenience is of coming to put in our Exceptions when we have not a cleer copy of the Charge and that was the cause why we did subjoyn this that in case any mistake arise by mistake of the copies that we may amend it it is true we find maliciously is in At. Gen. Traiterously will be enough M. Hales I think not that is oveâ— for if it be maliciously alledged that is over Then the next thing we except to is he traiterously combined confederated and complotted together it is true there is plot in it but there wants the words contrive and indeavour but that is not the principall matter wee stand upon The Clerk They are in M. Hales Then that is answered too The next Exception that we take to the Charge is that the Act upon which this part of the Charge is grounded sayes that he must manifest it by an overt Act by an open deed now we say there is as we conceive nothing charged upon him in pursuance of this Act that is there is no overt or open deed laid in the Charge for the words of the Act are so that if any man shall maliciously plot contrive and endeovour to stir up or raise forces against the present Government and shall declare the same by open deed that then every such offence shall be Treason At. Gen. If M. Hales hath read the copy of the Charge as it was taken I think he findes divers of them in the Charge of open acts M. Hales The business is not whether there be open deeds but whether they are applied to this Act or be Substantive Charges of themselves At. Gen. I would ask him whether that open act must be in the Inditement or in the Evidence M. Hales In the Inditement it must be expresly laid in the Inditement or els it is no good inditement At. Gen. But for that that we may not dispute upon those things my lord there are the severall Charges against the severall Acts there are severall open acts that are laid in the Inditement and I think if he look upon it he will find that they are laid to every one of them and relate and refer to every one of them S. Tho. Wither There is writing of letters contributing of money and receiving of messages Mr. Hales That will appear by the subsequent parts of the Charge L. Pres The subsequent parts of the Charge will make that appear for if he did lend mony c. if they be really there we shall hear it by and by M. Hales I take it that the law is very plain that the Act must be mentioned in the Indictment At. Gen. But we will not debate that when we are expresse in the thing we are not so tyed to form as to pin them to every word of it The Clerk And further to carry on and accomplish the said wicked practice and design he the said Christopher Love divers dayes and times between the 29th of March 1650. and the first of June in the year of our Lord 1651. at London and other places as aforesaid did traiterously and maliciously give hold use and maintain correspondency and intelligence by letters messages instructions and otherwise L. Pres These are open acts Mr. Hales Then favour us in this we take it that between this and the first Charge there comes a particular charge that relates to Charles Stewart that is intervenient between the first charge and this that is now read or else we are mis-informed by the Prisoner and if there be so then we think our Exceptions will take place S. Tho. Wither It is all contained in one Indictment and then that that explains the overt act followes afterwards as a distinct thing in the Indictment and so it was in my Lord Cobhams case in that Indictment and in my Lord of Essex his case L. Pres He may make overtures M. Hales We confesse it but we supose it very certain that both as this Act is penn'd and as the Act of is penn'd which are much at one as to the manner of penning them there is of necessity an overt act to be laid to make good that general Charge that we conceive will be plain and that is admitted and agreed by the Lord Cook in his collections of the Pleas of the Crown fol. 12.13 where he saith the Indictment of the Earl of Somerset in the time of Edward the 6th and all other of the like form were against Law because he said that he did not follow the words of the act and that he did it per apertum factum and shews not what that open deed was that was not a good indictment for the fact must be set forth in the indictment that must be done Then the question is whether this be so done here or no we conceive by this Charge it is not so done here upon this ground we say there follows after this a particular charge concerning his promotion of Charles Stewart and
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
present in M. Loves study when a letter was there read from Titus and who was present there and what were the debates upon it and what was the contents of the letter and whether it was not for some to come to Calice to him C. Pot. The letter I well remember I cannot say it was in M. Loves study nor can I say it was in his house I do not know M. Love was present the letter I have seen it or heard of iâ— it did desire some to come to Calice about the treaty and I remember well that Major Alford told me he did go to him L. Pres What was the contents of the letter C. Pot. I cannot well remember that I have seen it but I have either seen it or heard of it I cannot tell which L. Pres You must be true to the State and speak the truth C. Pot. My Lord I would be true to the State and to the Gentleman at the bar too And my Lord I can say no more to it I either saw it or heard of it I cannot tell which I am upon my oath my Lord the letter did desire some body to come to Calice to him Att Gen. Was not this meeting in M. Loves study C. Pot. I cannot say it was in his house I rather think it was not L Pres Was he present C. Pot. I cannot say he was present I think he was not present I think M Alford was sent to the tavern The papers of Captain Potters examinations were here produced by the Attorney general and by the Clerk read to him Att. Gen. My Lord these were his Examinations C. Pot. I intreat this may be remembred which I premised at fiâ—st I had a latitude then that I have not now I am now upon my oath and desire to be true to my own conscience and to the State and to this Gentleman I have made it is true such a confession as this is and I believe the greatest part of it to be true according to the latitude I spake it in but now I am upon my oath and now I am to speak knowingly the substance of the thing is true I believe that he was sent and sent upon such things so much I do verily believe to be true upon my oath but of the places Iâ—annot â—annot speak Att. Gen. Alford did go to Calice and return and how many daies was it between his going and returning and where did he give an account of what he did receive from Titus aâ— Calice C Pot. It is a hard matter for me to speak to the time I think about a week and for the relatiâ—n he made when he came back as I take it I met him at the Kings Head in Wâ—lbrook upon his landing whether he made the relation to me there or afterwards at M Loves whether I heard of the meetâ—ngâ— or whether I was at the meeting I cannot say I am sure he himself made me the relation but whether there or any other where I cannot make out Att. Gen. Upon your oath did not Major Alford make returne of the answer in Master Loves study C. Pot I cannot say it but I think it was there Att. Gen. Was Master Love present C. Pot. I think he was present and I think it was in his house I am sure Major Alford made me a particular relation between him and I. Att. Gen. Was Sterks the Scotch Agent there or no C. Pot. I cannot say he was L. Pres Was it read in Master Loves study C. Pot. I cannot say I was there His Examination was again read to him Att. Gen. What was the substance of the Kings letter C. Pot. It is so much out of my memory that I scarce remember there was a letter it is so much out of my minde More of his Examination was read to him L. Pres What do you remember of this now is this true C. Pot. I remember I have heard as much and I believe it is true L. Pres Have you not heard the letter read C. Pot. I do not know there was a letter sent nor do I know there was a letter read I desire to speak the truth I had a latitude then that I have not now I had then such an information shewed me and I spake to it so far as I thought it was true these papers you shew me as my examination were not of my framing The Clerk Look upon them is not this your hand C. Pot. I know it is my hand Att. Gen. My Lord I did go to the Tower to him and was with him and did examine him My Lord here be those that will prove it that himself did confesse and said it was true and he took time himself to inform himself and had as he said other mens examinations and informations by and he did adde and amend and gave it under his hand This is the truth after several examinations And he had papers by him and did correct them himself and brought them under his own hand written by himself these very things And my Lord ask him whether he did not write these things first with his own hand and bring them to the Committee of Examinations L. Pres Whether did you not bring in your own examinations and what you could inform written by your own hands C. Pot. My Lord that is my hand and what is there I must own as mine But I hope you will let me distinguish between what I delivered then as I heard it and thought and what I deliver posiâ—â—vely I do say it is true now as I have heard L. Pres Why did you not say of heare-say then as well as now Att. Gen. Upon the oath you have taken whether do you not know this of your own knowledge C Pot. Upon the oath I have taken and I desire to speak it in Gods presence I do not remember that I saw the letter from the King or heard the letter read or the copy nor can I say Alford told me so much though I think he did yet I do not know he did M Love I desire you would take notice whether this be faire that Mr. Attorney should help the witnesse by putting things into his mouth Att. Gen. My Lord I can help the witnesse by asking him questions C. Pot. My Lord no man shall so far tamper with me as to make me say an untruth Att. Gen. My Lord pray ask him whether he did not write these papers most of them with his own hands C. Pot. True but to open to the committee the ground of this businesse but I did not expect to swear to every one of these particulars Att. Gen. My Lord ask him whether after this return was made there was not a meeting and instructions made about the commission to be sent to Bredah C. Pot. My Lord to that I have heard so much but I cannot speak it positively I saw no commission nor instructions I heard there was both I do not know by whom I have