At. Gen. I have not charged them nor untill I receive command shall I vary from what I have received formerly that I shall charge this to be against this and that against that but I have laid down the Acts of Parliament that have made things Treason and the offences severally and upon the whole conclude that these are treasons against severall Acts of Parliament severally if one or all together serve turn I hold it well enough If you put me to every one of them particularly I must have more time and better Clerks to draw the Inditements Mr. Hales Stil the same objection meeteth with submission to the Court and Mr. Atturney the same objection meets with them we say then he will make this a kinde of an additionall Charge to the first or to the second or to both but we know not to which Att. Gen. Yes Mr. Hales But we say that that is not sufficient upon these reasons because it is a charge of treason in it self and therfore shall not be made an additionall and supplementall charge to make out another And then we say that this is uncertainly charged whether you will make it supplementall to the first charge of Treason that is the endeavouring of the subversion of the Commonwealth or to the second charge of Treason which is a distinct charge of treason of the promotion of the interest of Charles Stewart Att. Gen. I cannot divide them L. Pres Are not these as perfect as before doth not the subversion of this Commonwealth promote the interest of Charls Stewart and doth not the promotion of Charls Stewart subvert the interest of this Commonwealth If he hath laid it that he did both of these by assuming it by a double or multiplyed act and all these multiplyed acts are but one subversion if I subvert it by one or by 20 acts both of them are the same in nature for the subversion of the one is the bringing in of the other and the bringing in of the one is the subversion of the other and so they are relatives fully one to the other and there cannot be more express'd in the Charge then this And notwithstanding all these acts though that act hath made the Treason cannot it be by another act you may prosecute by vertue of this subsequent act any thing that was understood to be generall treason by the law of the Land Mr. Hales My Lord this is that we insist upon It is true we do conceive though the promotion of the interest of Cha. Stewart is not consistent with the preservation of the interest of the Commonwealth yet every destruction of the interest of the Commonwealth is not therfore a promotion of the interest of Charles Stewart for then there could be no Treason against the Commonwealth but it must be a promotion of the others interest Now there may be a Treason against the Commonwealth without the promotion of the others interest I urge it to this purpose to make it appear that they are severall Charges bottomed upon severall Acts and therefore the reference here made to promote the designe aforesaid is uncertain to which it shall relate it may fall out the partie may be guilty upon the first Article it may fall out he is not guilty upon the second Article and then it is uncertain to which article it relates that hee is guilty of or not guilty of and here may be the consequence of it then you will make a Treason which to this third clause is a Substantive and contained in it self to be an overt act to another charge of Treason and that you cannot do you cannot make a Treason which is so charged to be an overt act or exposition or a declaration of that which is contained in the former like that case I instanced in before of the 25 of Edward the 3d That no man shall go about to destroy the person of the King nor to raise war against his people so that we use it not in any other reference but onely to explain and bring the reason of that ancient Law to this Law In that case a man cannot charge the overt act of going about to destroy his person which is a distinct Treason of it self to be an overt act to the Charge of Levying war which is another distinct Treason And if he alledg such a one did go about to destroy the Prince or the Consort of the King or the King and to make the levying of war to be an overt act to it this he cannot do because though it is true it might be an overt act to it yet notwithstanding it being made a distinct treason it cannot be an overt act to another treason and so here this very assisting and inviting of forces is made a distinct treason and so if you take it substantively it is insufficiently laid and if relatively you may not do so because it is a treason of it self and shall not be brought in relation to another treason laid before it Att. Gen. For that I hope Mr. Hales will leave me to that liberty I have that is that if one act be an offence against severall Acts I may aggravate it so as to make him know it is so and I take it for an aggravation of his offence when he hath offended against so many several Lawes which he hath done and that I may have liberty to say so though perhaps that subversion of this Government is not in every respect a promoting of the interest of Charls Stewart but the subversion of this Government as it is here laid in this inditement is a promotion of the interest of Charles Stewart and so it is here And I have done now with that L. Pres Then Mr. Hales I will add a word because that you did put the case of a man destroying the person of a King and Levying of war if it be laid those very acts if they be laid as a continued or a medium or an enterprize that he had taken up a war to destroy the person of the King those words in one sense if it had been laid solitarily by it self and destroying the King in another but if he shewed that by levying of war he endeavoured it then the denomination is from the end in that place and though they be two treasons substantively yet when they are laid as one continued act they are but one and so it is in this case all these though there are several statutes and several treasons these multiplyed acts make up but one compleat in the conclusion if there want one of these if there be sufficient in the other it is treason enough and too much too I would it were not so if they be laid in subordination as all these are every one of them further to promote this and to promote that so they are laid in promotion of it to every one and then they are contiguous and depend one upon another and are substantive and so substantiall as
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
We do all know there are many honest precious and godly men that have received no discountenance from the State nor this Gentleman that should give him any countenance or encouragement to oppose the State But it is somewhat a bold thing for a particular man to be the head of a party and they to engage as representing a considerable party to engage to send Commissioners to agree upon Instructions this is very bold But my Lord God be thanked many of those that were seduced at first were wise and did come in before the last and did not strut it out my Lord with States and Justice as that man hath done before now and at present even out-facing Justice and boldly I â—ay wiping his lips he hath done no offence My Lord they were so bold with Scotland that there was a known Agent there maintained and kept between Scotland and them and I will tell him the Gentlemans name his name was Mr. Sterks and my Lord when he went away the Act requiring those of the Scotish Nation to be gone that Gentleman did supply him with money himself and others gave him eight or ten pounds in his purse to carry him away My Lord I believe he knows this and I am sorry That that Gentleman that hath gone along with us in much of this War that he should at last so much betray his own discretion as rather to trust a reconciled Enemy then to be true to his own Friends I say He trusts a reconciled Enemy and a weak Enemy and that he will think and will know that they might betray him as justly may be done when men so cast themselves upon the Party of the King and Queen and Peircy and Jermine it is no great policy nor discretion to have so many of Councel they say three keeps councel but this Gentleman hath now 20 30 40 in Scotland France and Holland and Agitations between them and frequent Intercourses My Lord I shall now call the witnesses out to you which when Mr. Love doth see himself will say are honest men and to be believed Mr. Love My Lord I beseech you let me speak a word At. Gen. My Lord he hath heard his Charge in particular and those things which if he be ingenuous to himself and his own Conscience he cannot but know we shall prove them and before we prove them I desire to hear whether or no he will confess them Mr. Love I hope this Court will not hearken to the insinuations of instruments of State who are well rewarded for their eager prosecution of men in such a condition as I am in it is an easie matter through flourishes of Law and strains of wit to stir up the mindes of my Judges against me L. Pres You have heard the Matter opened to you which you cannot in any Christian or godly Conscience or Understanding but acknowledge That such Secrets as these you were privy to and came to your hand you cannot before God and man do better then to confess these which you know by the urging of them upon you are come to our knowledge Mr. Love Will you give me leave to express my self as to these things which I am now charged with I do declare and protest in the presence of God and this great Assembly That I never wrote any Letter either to the King of Scots or to the Queen his Mother or to the Church or State of Scotland in the general or to any particular person of the Scotish Nation since the Wars began between England and Scotland to this day I do declare also in the presence of the same God I never received any Letters written to me either from the King of Scotland or Queen his Mother or from the Church or State of Scotland in general or from any particular person of the Scotish Nation since the Wars began between the two Nations to this day I declare and protest likewise in the presence of the same God I never collected or gave or lent one penny of money either to send into Scotland or into any forreign part to the King or Queen his Mother or to the Church or State of Scotland in general or to any particular person of the Scotish Nation since the Wars began to this very day And as to these particulars I have said it often I am as innocent and as harmless as the least childe and if you will take the aggravating of these circumstances against me and will proceed upon aggravations of the crimes against me I hope God will help me with more Peace of Conscience to undergo the censure then you shall have to inflict it And as for that Gentleman that made that great relation to you of the Treaty of Jersey for my part I am as great a stranger to all those Transactions as any here I never saw the face of Titus nor did I ever send to him or receive any thing from him At. Gen. My Lord We shall call the witnesses Captain Pâ—tter is called into the Court. Mr. Love I except and protest against this Witness for he hath been already examined in private and hath made his confession there and that is equivalent to a conviction and I hope the Court in Justice will not admit of this man for a witness L. Pres You shall have Justice as well as ever any Jesuite had At. Gen. You see now what Mr. Love drives at and you will finde his Jesuitical evasions And my Lord let him be asked Whether ever this man was before this Court or any Committee of this Court and I think in Justice you ought to examine Witnesses before hand But it is clear and evident That this man hath been a party with him I do humbly conceive it is so clear and evident that rather I should except against the witness as an incompetent witness then Mr. Love because he hath been a party with him but I desire he may be a competent witness and one in whom there is more ingenuity then there is in Mr. Love Mr. Love Sir before he swears I beseech you ask him this question Whether he hath not been threatned with death if he would not witness against me L. Pres You cannot over-rule us with your beseechings and beseechings it will not do it your over-importunity shall not prevail with us M. Love Let God prevail with you though he may be legalis testis before Conviction yet he cannot be so after Conviction The Clerk The evidence you shall give between the Keepers of the Liberties of England and the prisoner at the Bar shall be the truth the whole truth and nothing but the truth So help you God He is sworn L. Pres Now look upon the God of truth and speak the truth C. Pot. I shall speak the truth At. Gen. That Gentleman was pleased to trust others as I said even reconciled Enemies and fell from his Friends I do grant that this Gentleman hath confest and if every honest man confess his
against the errors of the Service-Book and was removed from prison there by a Habeas Corpus to this place And in this Court of Kings Bench J was acquitted After this about the beginning of the Wars between the late King and the Parliament J was the first Minister that J know of in England who was accused for preaching of Treason and Rebellion meerly for maintaining in a Sermon in Kent at Tenterden the lawfulnesse of a defensive war at the first breaking out and irruption of our Troubles but was then publikely acquitted in a Court there and recovered costs and damages of my Accuser After this J had a little breathing time whilst the two Houses of Parliament were in power only J was once complained against by the Kings Commissioners at Vxbridge for preaching a Sermon there J did not know that J should preach there till the Psalm was sung and did only preach a Sermon which J had preached the day before at Windsor Castle J was J say complained of by the Kings Commissioners to the House for that Sermon but within three weeks J was acquitted and discharged by order of the House of Commons That Sermon is much spoken of because it is so little seen it is so obscure a piece and many imagine as if the keenesse of my affection was blunted from what it was in that Sermon But J declare unto you that J come up to this day to every tittle of that Sermon J hear it is lately printed and if it be printed according to the first copy J will own every line of it as that to which my heart and judgement concurs to this very day After all this since the late change of Government J have been three times in trouble J was once committed to custody by and twice cited before the Committee of Plundred Ministers but there was no sufficient proof against me and so J was discharged But now last of all this great and last tryal and trouble is come upon me J have been kept severall weeks in close Prison and now J am arraigned for my life herein is my great comfort even that which was the Apostles God that hath delivered me he doth deliver me in whom I trust that he will yet deliver me And that that shall be made good to me He shall deliver thee in six troubles yea in seven there shall no evill touch thee As Cato he was accused thirty two times by the unkind State whom he faithfully served and yet after thirty two times accusation his innocency and uprightnesse brought him off Why should not I be confident in my God who have had a life time of experience of his care and love towards me It is not the danger of my life troubles me I am a sickly man and I know a disease will ear long kill me whatever you do with me but this grieves me more That I should suffer from their hands for whom I have done and suffered so much in my obscure station and according to my weak measure had it been an Enemy had dealt thus by me and made such an eager prosecution of me and such high aggravations of that which in the simplicity of my heart I have done it had not been so much and as I told the Committee when I was examined by them who charged me with Jesuisme and non-ingenuity because I would not confesse against my selfe and others that though I honoured them as private Gentlemen and should acquaint them with what my self had done when it should not be a snare to me but when they shall apprehend me by a warrant for Treason and examine me in order to a triall for my life In no Judicature in the world will I confesse a word till I first hear what will come in against me Now as I told them then I never wrote letter nor received letter nor sent or lent mony to any person of the Scotish Nation Now that I should meet with this hard measure to have the most ridgid and severe interpretation put upon all my actions to be look'd upon with so jealous I might say with a worser eye that have in my measure ventured my all in the same quarrell that you were ingaged in and lifted up my hands in the same Covenant that have took sweet counsell together and walk'd in fellowship one with another That from these I should have such hard measure This this troubles me greatly had I been so dealt withall at the Juncto at Oxon I should not have been so troubled at it but to be dealt so with at Westminster this is that at which I stand amazed yet blessed be God I am not affraid My Conscience doth not tell me of any personal Act of mine proved against me that brings me under any of your laws as to Treason And thus having exprest my self concerning my charge and the witnesses and my self I shall now in the close of all say what ever tortured collections or inferences are drawn from my practises and however Lawyers may aggravate those things that in part have been proved against me yet I do declare in the presence of God that what ever I have done in the simplicity and integrity of my heart I have done it and did deem it to be consonant and agreeable both to my conscience and to the Protestations and Covenant I have taken and I have done nothing out of animosity or from a spirit of revenge and thus J have done concerning my self J have only a few humble proposalls to make to your Lordship and the Court and then J shall leave all to Gods determination and yours To you that are my Judges J humbly crave this of you and J do it upon your Lordships words the first day of my appearance here When you were pleased to deny me Counsell you said you would be Counsell for me and J beseech you be so for you are Judges both of matter of law and matter of fact J may make use of that passage Proverbs 31.8 Solomon says there that rulers must open their mouthes for the dumb in the cause of all such as are appointed for destruction Truly My Lord J am as a dumb man before you dumb in matters of Law J cannot plead one word for my self J beseech you be as Solomons Rulers were and open your mouths for him that is appointed to destruction you who are my Judges be my Advocates my life lies in your hands And then J beseech you let me make this humble motion to you That you would not count any thing that J have done to be out of animosity or stoutnesse of Spirit Truly nothing but Conscience could carry me through all my sufferings I could not leave such dear relations that God hath given me and such a loving people and comfortable livelihood as any Minister hath within the walls of London Nothing but conviction of conscience can carry me another way And till Conscience be fully satisfied J cannot stir one step The next
in the law that constitutes this Court. And no person shall voluntarily relieve any person in Arms or that shall be in Arms against the Parliament with any Money Victualls or Amunition on pain of death of other corporall punishment And whosoever shall voluntarily take up Arms against the Parliament and shall encourage others to do so shall die without mercy These my Lord are clauses contained in the Act that constitutes this Court and I read the law before the charge and now my Lord I have repeated the evidence faithfully now let it be considered howifar the evidence goes with them There are there Acts of Parliament I suppose Mr. Love knew not of the next for he says he knew not of that of the 2 of August but it was published solemnly at the Exchange and at Westminster Hall but ignorance cannot excuse him that no man will pretend This my Lord is in relation to Scotland it was made in August The Battel at Dunbar I cannot well tell whether it was in September or October in September this correspondency from Bamfield Argyle Lowden and Lowthen Belcarris Massey and the rest were all since Dunbar fight that is clear they were since that time the words of the Law are these Whoever after the 5. of August shall use hold or maintain any correspondency or intelligence with any of the Scots nation residing in Scotland without license from the Parliament or with any other person or persons of the Scottish or any other Nation whom they know to adhere to the Scottish Nation against the Parliament or shall abet assist countenance or incourage the Scottish nation or any other person adhering to them in their war against the Parliament and Commonwealth of England or shall send or cause to be sent and conveyed any money horse armes Amunition or any other furniture of Plate Goods Merchandise or any supply whatsoever to the Scots or to any port or place thereof or in their power or in confederacy against this nation these facts are High-Treason by this Law And the high Court of Justice are to take cognizance of the Contents by express provision of that Law My Lord I shall not need to repeat the evidence again but upon these my Lord I must leave him to your justice and judgement to do what in your consciences you think is just upon these Laws and what M. Love hath done in transgression against them My Lord M. Love was pleased at the beginning of this Triall to make some deep protestations I think he did move all honest men that heard him and truly I did think and did hope that they were not made with any relation to equivocation or mentall reservation but to a positive deniall of any facts of Treason or looking that way that it had been made in that sense that he had been clearly not guily of any thing But my lord having looked upon them and caused them to bee transcribed to me I doe finde that they are somewhat cautious and perchance they may be true my lord in the sense spoken by M. Love but whether true in the sense they should have been spoken by a Christian in a publike Assembly that I shall not judge His first protestation was in the presence of God and this Assembly that I never wrote any letter to the King or to the Church nor to the Queen or Church and State of Scotland in generall or to any particular person of the Scotch Nation since the war began to this very day My Lord this may be true but whether any letter hath been sent from the King or from the Scottish Nation or others or by Massie or the rest that shall bee believed as the evidence is M. Love It is in my second protestation At. G. Again saith he I do likewise declare in the presence of the same God I never received letter written to me from the King or from the Queen his Mother or from the Church or State of Scotland in general or any particular person of the Scottish Nation since the war began I protest declare likewise in the presence of the same God I never collected gave or lent penny of money either to send into Scotland or any forrain parts either to the King of Scots or to the Queen his mother to the Church or State of Scotland in general or to any particular person of the Scottish Nation since the wars began but that M. Love did not move others to contribute we have not a word of that Truly I did thinke it when hee spoke it But it seems these asseverations were studied to evade and that he would speake true but not the whole truth I have given them but a touch these may be true my lord but under favour there is something else that is as true and goes almost as neer as this My lord M. Love the last day had your patience and justice to make a large Defence and he was very large in it and though hee did beat us down that are the Counsell for the Publike that wee should not use Oratory nor flourishes nor Querks of Law nor Niceties in which I shall be guided by him and shall not doe it yet he is pleased fully to make use of all insinuations to the Court to trip up every Witness upon niceties upon not expression upon nonsense and such my lord which I shall not follow him in for I shall deale as truth ought to deale in pure nakedness and simplicity and not to use any Oratory but to set the matter of fact before you and leave it unto the Court who are the Judges between the Common-wealth and himselfe for life and death But my lord you shall give me leave to touch upon some few things in the late Defence of his It was divided into four parts The first the Charge the second the Witnesses and Testimony both in one The Witnesses for the persons the Testimony for the fact The third concerning himself the fourth some proposalls to the Court which truly my lord might better have been termed rather threatnings than proposalls My lord for the Charge you have heard it hath been gone through and the evidence concerning it concerning the Witnesses my lord I have read unto you for I do take it upon my conscience what I knew and nothing but what was true I have not varied that I know of a syllable and I think I ought not to do it the duty of my place requires it not from me My lord concerning himself he is pleased to say something and much of his merit but my lord it is a grief to this Court to my selfe and all that are well-wishers to the publike that any man that hath been a friend to the Parliament that hath gone along with them acted for them suffered for them done as he hath done that this man should bee called to publike Justice I hope my lord all that heare mee beare witness that I thinke my lord wee are all
sensible of it But my Lord look upon who hath been the cause of it let that he look'd into and every man will be satisfied in his own judgement and consceince whether Mr. Love were provoked or no or whether he hath not provoked the State to bring him to be thus exemplary in Justice M. Love sayes my lord I shall desire to make use of the paper I confess it is not so much the danger of my life I am a sickly man and I know a disease will ere long kill me whatsoever you doe with me but this grieves me more that I should suffer from your hands for whom I have done and suffred so much in my obscure station and according to my weak measure Had I been so dealt with at Oxford at the Juncto there but to be so dealt withall in Westminster-hall this troubles me And my Lord it doth trouble me to deal so with him My Lord whether may we or himself better take up this complaint Had the State been thus used by a Cavalier by a posest open enemy it had not been so much trouble to us you would have come to justice upon a little more desire than now But that M. Love a Minister a Minister of the Gospel a man that hath preached for us prayed for us acted with us gone along with us that he should go to undermine us that he should be joyned or in confederacy with others to undermine the State where he did live peaceably and quietly where none interrupted him he had a free liberty as much as a King in this Common-wealth Truly that M. Love should do this it is I think an aggravation and not an aggravation upon the Court or State that they should prosecute where a man is prosecuting them what hee hath done my Lord you have heard what his offences have been and who gave the cause that a Minister should doe this one that had a calling otherwhere and better to imploy himself than to meddle with States and Secular Affairs and these things to be done in M. Love's house and in his Study where he should have been studying better things My lord next he sayes I could not leave such relations as I have nor such a loving people and competent living as any Minister hath within London onely Conscience carried mee another way and till Conscience bee satisfied I cannot stirre one jot My lord this his Conscience I do not know what it hath to do in Government or what Mr. Loves Conscience had to doe in these affairs He had a calling of his own to use and should I goe out of my calling and meddle with other men I humbly conceive I were a busie body M. Love had a calling enough for any one man to imploy himself in and me thinks when he sayes he had such a relation to a loving people a competency of livelihood that he should not apply himself to return to them but to wander abroad and when we once wander it is hard coming in again till perchance we are fetch'd in again with the whip But my lord Mr. Love had other relations of wife and children which he might have look'd upon also and taken care of them In the last place he is pleased to say and that I believe hath carried on this design The Covenant Interest you have heard what Titus did what Drake did and what the rest did that all this it was upon the Covenant and the Covenant is urged I am sure to things the Parliament hath forbid M. Love is pleased to declare himself still to retain his old principles from which by the grace of God hee will not be taken off by any terror My lord you will heare by and by what the Covenant hee supposes leads him to and my lord I shall take it asunder and bring it next if you please that is the Covenant Interest Saies M. Love Though I own not the way of managing any papers I neither writ them nor sent them yet thus far I own the thing I confess it was agreeable to my judgement and conscience and I thought the interest of godliness would be more promoted if the King went into Scotland upon Covenant-terms it would be more for the good of the Nation M. Love No Sir those are not my words I said than to fall in with the Irish Rebells or to offer this Kingdom to the Spaniard I thought a greater foundation of trouble would be laid if this reception were not laid by that Nation and the Covenant hath a clause in it that we are to seek the good and union of both Nations and they are judged to be incendiaries and Malignants that not onely divide the King from his people but the Kingdomes one from another Now they declaring him to be their King according to my apprehension I thought it agreeable to my Covenant to pray and desire as a private man and no more that there might bee an agreement upon those terms consisting with Religion and the terms of the Covenant At. Gen. But had you gone on as a private man M. Love we had not stir'd you now My lord this is plain of it self what interest this Covenant-interest is till the King the people in the two Nations c. Truly my lord M. Love is pleased to express himself somwhat obliquely against the present Government He saith My Lord When I look upon all the Vowes Covenants Declarations Protestations of both Houses of Parliaments I find a sutablenesse between my judgement and them and am not conscious to my selfe of any thing I have done in opposition or contradiction thereunto I repent not of whatsoever I have done though I could wish the ends of that just War had been better accomplished then should we have been happy and united among our selves and honoured among the Nations round about us I am so far from repenting of what I have done both by doing and contributing and suffering in the Parliaments Quarrel that were it to be done againe upon the same unquestionable Authority for the same declared ends and against the same Malignant persons I should manifest as much readinesse of mind to engage according to my measure After this where he had mentioned his troubles at Oxford when a Scholler there and at London when he came to a Lecture here at Newcastle when he spake for the Parliament there and in Kent when he spake against the King there when these were over after this he had a little breathing whilst the two Houses of Parliament were in power This Gentleman was troubled in the time of the King in the time of the Bishops in the time of these Wars for being for the Parliament But I appeal to his own conscience and judgment whether ever he was troubled or disturbed by this Parliament or by this Government of the Commonwealth whether he had not as free and as full liberty to preach the Gospel to instruct others and to save souls as his heart could wish
that they may be relatives one to another and so are these Att. Gen. The next Mr. Hales M. Hales The next is the 4 Charge and that is concerning holding correspondence by letters messages with Charls Stewart and the late Queen his mother we say that this part of the Charge is ill laid also it is laid in nature of a felony by the Act and laid to be done traiterously in the Charge and that is a substantial not a meer formality but a substantial mistake for if so be a woman be indited of petty treason because it is proditoria yet in truth it amounts but to felony now in case where she is an accessary to a felony the inditement is naught if a man be accused that he did traiterously such an action which in it self amounts but to a felony that charge is naught and so it is here it is mislaid for by the act of the 26 of March 1650 the matters therein charged are not made treason at most but capital but we think it only prohibited and then we say it is an uncertain charge and so it is under favour for though the act saith No man shal hold correspondence by letters messages or otherwise yet when we come to inform upon it or to indite upon it it is not enough to say He held correspondence by letters messages or otherwise but if you will ground your deed upon that Act you must shew what that otherwise is and that is the exception to that part of the Charge The Clerk And further to carry on the said traiterous and wicked practice and designe he the said Christopher Love divers dayes and times between the the 29 of March 1650. and the first of June 1651 at London and other places as aforesaid did Traiterously and Maliciously give hold use and maintain correspondence and intelligence by letters messages instructions and otherwise Mr. Hales Or otherwise was our notes then that is out of doors but our Exception is that it is alledged to be done Traiterously L. Pres And the Statute saith it shall be Treason M. Hales No it saith not so the Act layes it only in nature of a Felony and in the Charge it is laid to be done Traiterously and so the Charge is mislaid At. Gen. I confesse it is expresse so in the 26. of March 1650. and it is not said what the offence is but I conceive in the first place that by the law of England be that holds correspondence with a Traitor will go very near it my Lord and theâ— I humbly conceive that still he going upon the first Act it is laid to be with Charles Stewart and thâ— Queen and Councell with him I think it is a promoting of his interest he to hold a correspondence with him whom the Parliament hath said you shall in no case promote his interest Mr. Hales I must be bold still a little to crave Mr. Atturneys favour to reply upon him in this kind of way for I have not had time At. Gen. You have had more time then I for I heard not of it till now Mr. Hales We say the Charge is not good because it is made Felony only by the Act and laid in the Charge to be done traiterously and then we say that Charge is uncertain to what designe it relates if it relates to the businesse concerning the promoting of Stewart's interest if it be so we conceive it is not proved for the proof I mention not but that is not insisted upon that Master Love did promote the interest of Charles Stewart contrary to the Act of Parliament that I think is not insisted upon Att. Gen. O yes Mr. Hales I conceive no. Att. Gen. I conceive very much otherwise Mr. Hales Mr. Hales I desire that Charge once more may be read concerning the promoting the interest of Charles Stewart The Clerk And the better to carry on and accomplish the said Traiterous and Wicked Practice and Design he the said Christopher Love with the said William Drake c. since the death of Charles Stewart late King of England who for his notorious Treasons and other Tyrannies and Murders by him committed in the late unnaturall and cruell warrs was by Authority derived from the Parliament justly condemned to death and executed severall dayes and times in the respective years aforesaid at London aforesaid and sundry other places within this Commonwealth and since this Nation was setled in the way of a Commonwealth or a Free State as aforesaid did Traiterously declare publish and promote Charles Stewart eldest son to the late King to be King of England Mr. Hales We are informed that there is nothing of any particular act of his concerning that but we have nothing to do with the Fact but we conceive that no subsequent thing by way of construction or interpretation shall make a publishing and promoting in such a manner as this is it must be such a thing as expresly publisheth and promotes him to be the chief Magistrate of England according to the words of the Act and not by way of dilation we say this is not a thing to be applyed to serve the turne upon this reason we say that the holding of correspondence and intelligence with Charles Stewart eldest son to the late King it cannot be coupled on to the promotion of the interest of Charles Stewart to be King of England seeing that is but by way of interpretation to bring it within the first part of the Act. Att. Gen. For that I shall crave your direction L. Pres It is not interpretative but positive Att. Gen. But I shall shall crave your pleasure whether I shall in my impeachments afterwards put in all my evidence what is charged and evidence proves that you will judge upon I hope Mr. Hales then the next part of the Charge and that is the fifth that he did hold correspondence with divers persons of the Scots nation our Exception to that is plain we conceive that part of it is not well laid neither it is not laid in pursuance of the Act of Parliament as our notes are this is that we say that it is not expresly alledged that they were persons residing in Scotland as our notes are Att. Gen. Like enough so Sir The Clerk And further to carry on and accomplish the said Traiterous and Wicked Design he the said Christopher Love severall dayes and times in the respective years aforesaid at London aforesaid and divers other places within this Commonwealth of England and elsewhere as aforesaid did Traiterously and Maliciously hold and maintain correspondence and intelligence with divers persons of the Scots Nation viz. with the Earle of Argile Lowden Louthian Bayly Belcarris and divers other persons if the Scots and other Nations whom he well knew to adhere to the Scots Nation in this war against the Parliament and Commonwealth of England Mr. Hales This we conceive is not a good charge for the words of the Act of the 2d of
August 1650 upon which this is grounded are that no man shall hold correspondence with the Scots Nation residing in Scotland Att. Gen. You were best read further Mr. Hales Then Mr. Hales read part of that Act beginning at these words Be it Enacted Ordained and declared by this present Parliament and ending with these words Without the allowance license c. Mr. Hales It is true there is no residing for that yet comes not home we conceive to part of the Charge there are two parts of the Charge the one That he did maintain correspondence with divers of the Scottish Nation and with divers other persons of divers other Nations whom he well knew to adhere to the Scots Nation in this warr against the Parliament As to the first that is out of doors then here is no full charge of holding any correspondence with any of the Scots Nation for that part of the Charge rests upon this that it must be with holding of correspondence with any such persons as are residing in Scotland and with any other person residing there Then as to the other part L. Pres It is a continued speech not with the Scots nor any other Mr. Hales Then here is another thing in it that it is not averred that such correspondence and intelligence was held without the license of Parliament Att. Gen. You are mistaken in that your notes are not true The Clerk And he the said Christopher Love within the times and at the places before mentioned did Traiterously assist incourage without the speciall license of the Councell of State or Parliament or Captain Generall of the Parliaments Forces M. Hales We say then these are two distinct Charges and grounded upon two distinct parts of an Act but there is this more in it which we conceive is not to be answered with submission under favour it is said he did it within the times aforesaid the times that are aforesaid are between the 29 of March 1650 and June 1651 now this Act whereby this is made traiterous or Treasonable takes not place till the 5. of Aug. 1650 so that it might be done within the times aforesaid that is between the 29 of March 1650 and June 1651 and yet not contrary to the Act of the 2d of August which was 1650 S. Tho. Wither We lay it within all the times aforesaid and I suppose the matter of the evidence hath told you the times which now we are not to dispute Mr. Hales Whatsoever is done between the 29 of March 1650 and the 2d of August 1650 is not done contrary to the Act of the 2d of August 1650 upon which Act this Charge is grounded there is a time between them and between the time of exhibiting of these Articles whatsoever is said to be done between the 29 of March 1650 and the exhibiting the Articles is not said to be done after the 2d of Aug. 1650 for if it be done between the 29 of March and the 2d of Aug. it is done within the time aforesaid that is between the 29 of March 1650 and June 1651 and yet not done contrary to the Act of the 2d of August because done before the Act came forth Att. Gen. Though Mr. Hales will not consent to it we will strike out the 29. of March and then he will not deny but that is good enough with that striken out before the first of June 1651. whether it be not good enough and no time laid before it Mr. Hales No indeed it is not good enough At. Gen. Why not it is after the offence committed Mr. Hales Because it may as well be before the Act as after the Act. At. Gen. If we lay it after the offence committed I suppose it is well enough and the wisest will think so lay it to be the first of June 1651 suppose it were in September before it is good enough Mr. Hales If you lay it upon the first of June it is a year before it is not good enough Att Gen. That that Mr. Hales insists upon he may say it is before the first of June 1651 so long since but in a just and reasonable intendment when we insist upon that law that makes it Treason to hold it after such a time and we say that before the first of June 1651. he did commit Treason in holding correspondence and sending provisions of war before that Law though it were before the second of August 1650. that were not against that Law M. Hales Still we say that contrary to the form of the Statute or contrary to the forme of the Law which is but the conclusion shall not supply that which is materiall to be alledged now when here is an Act laid to be done certainly it is materiall to alledge that it is done in such a time as may appeare to be after the time of the prohibition of it to be done the prohibition runs to the second of August 1650. that no man after the fifth of that August shall doe such an act then it must be laid to be an act done after the fifth of that August but it is not laid so here but laid so as may be intended to bee done before the fifth of August for here is a time laid between the 29. of March 1650. and the time of the exhibiting the Articles which is in June 1651. and that he did this within the time aforesaid now he that saith he did it the 30. of March saith he did it within the time aforesaid and yet saith not that is within the Act. Sir Tho. Withrington We have given an answer to that we have laid it within and without the time that it is within the time the witnesse doth prove it and M Hales speaks not to what we have proved and cannot speak to it Mr. Hales The proof shall never supply the insufficiency of the Charge for we may as intirely offer you an Exception to this matter after you have heard the proof as before you have heard it for it stands now as upon the Charge singly so that it shall not be supplyed out of matter that appears in the proof but it must be considered whether the Charge can supply it self or not for that that is alledgable against the Charge before the proof made is alledgable as well afterwards if it were not good before the proof the proof shall not be supplementall to it for upon that reason if an Inditement did want time or certainty then after the party were heard upon his Defence it might be said when this Exception was taken to the Inditement all this might appear upon the Evidence but that will not supply the defect of the Indictment At. Gen. I am sure wee have laid it late enough the first of June 1651. before that time and Mr. Hales his Exception is still upon that way of proceedings upon Indictments he must have that positive and strict certainty in it in each particular I must give it that answer still