Trial of the Charge of High Treason, Day 4

Trial of the Charge of High Treason · Day 4

p. 75The fourth Dayes proceeding June 27. 1651.

Mr. Hall The firſt Councell for the Common-Wealth.

Mr. Hall.

MY Lord, The Priſoner at the Bar, Mr. Love, ſtands impeach'd 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 p. 76the King at Jerſey, and agreed upon one Titus; and they raiſed money and gave it to Titus to undertake the journey. My Lord, Titus accordingly went in the month of May, One thouſand ſix hundred forty nine, and returned in Auguſt following. After he had done his negotiation there, he returned to Calice; but being afraid that this wicked plot was diſcovered, by reaſon of letters that were intercepted, he durſt not come into England; but ſent letters to deſire ſome correſpondents might be ſent to Calice. My Lord, all this time I do not finde that the proof diſcovers the priſoner at the Bar to be any actor, or preſent at any meeting hitherto: But when theſe letters came from Titus, then the letters were brought to Mr. Loves houſe; which is the firſt time I finde him by proof to be preſent. The letters were read in his houſe, and in his Studie, as ſome of the witneſſes ſay, that there were preſent: and it was then agreed, my Lord, that Alford ſhould go to Calice to Titus. My Lord, accordingly he went, and there Titus did communicate unto him the Affairs that paſs'd at Jerſey: Within four or five dayes after, Alford returns again, and where ſhould the meeting be but at Mr. Loves houſe again? where Mr. Love and divers of the accomplices were in his houſe, a letter from the King was read; the Dyary, the Narrative from Titus likewiſe was read there; and there was the conſultation wat ſhould be done, and what further courſe they ſhould take to joyn the King and the Scots together. My Lord, afterward they did agree that there ſhould be ſome ſent to treat with the King at Breda; The Inſtructions were drawn in Mr. Loves houſe, (I think one witneſſe ſayes ſo) and Mr. Love preſent; money was raiſed, and Mr. Love himſelf did ſpeak to one of the witneſſes to raiſe money, which was Far: Far accordingly did bring in five pounds, and laid it down upon Mr. Loves Table, Mr. Love being preſent then in the room.

My Lord, I ſhall not trouble you with the relation of more particulars; But my Lord, I conceive, that Mr. Love, doth upon theſe proofs ſtand guiltie of endeavouring to promote the King to be King of England: For, my Lord, what ſhould be the end of uniting the King and the Scots together, after that the Scots had proclaimed Charls Stewart King of England, but that they might come in a warlike manner to invade this Nation, and to ſet up his Authority as King among us▪

My Lord, I conceive (I ſhall ſubmit to your Lordſhips judgment) that he is guilty of Intelligence from a profeſs'd Enemy. The intelligence is (my Lord) that divers letters were ſent, and theſe letters were read in his preſence, as himſelf doth confeſſe he was at the reading of divers letters, and yet did not conſent to them; and thereupon makes it as it were but miſpriſion of Treaſon. My Lord, I conceive that this is apparently Treaſon: For if letters were ſent to one perſon, and did occaſionally come into another mans hand, and he conceale them, being not ſent to him, There peradventure it is but miſpriſion of Treaſon. But when there are ſent to theſe particular perſons letters from the King and Scots, and divers perſons in hoſtility againſt the Commonwealth of England, and received by the Confederates in Maſter Loves houſe, and there were read and debated, though they did not agree to ſome particulars, yet they are Actors: They are — in the very intelligence it ſelfe; and did likewiſe return ſeverall letters.

My Lord, this Intelligence was with the Scotiſh Nation, which truly, my Lord, I do conceive hardly an Engliſh man, that had the blood of an Engliſh man running in his veins, would joyn in confederacie with that Nation, of all the Nations of the world, againſt this Commonwealth: a Nation that hath been known (and I am ſure, the priſoner at the Bar is well read in the Hiſtories and Stories of this Nation) to have been a conſtant Enemie to this Nation in all ages through the memory of all Hiſtories; and, my lord, of late, not three yeers ſince, came and invaded this Nation with a Puiſſant Army, which it pleaſed God to deliver us from: and this the Priſoner could not be ignorant of, that we had lately a fight with them at Dunbar, that hoſtility could not be unknowne unto the priſoner at the Bar neither: and yet for all that, to confederate with a Nation, that were ſuch conſtant enemies to us. My lord, I could not conceive it had been in the heart of an Engliſh man, much leſſe in a Miniſter and Preacher of the Goſpel among us.

My lord, There are ſome particular charges upon him more then upon any of the reſt; After Drake fled away, being doubtfull that his ſecret Traiterous Plot would be diſcovered, Mr. Love ſupplied his room: all the meetings, and confederacies, and letters, and Agitations in this buſineſſe were conſtantly at Mr. Loves houſe, himſelfe being preſent. And, my Lord, mony as I ſaid before, by Mr. Love himſelf deſired to be raiſed, for the furthering of this deſign, and ſeverall ſumms of mony were raiſed. p. 77I ſhall trouble your Lord-ſhip with no further relation, but leave it to the proof that was made before your Lordſhip and the Court.

Sir Thomas Witherington, the ſecond Councell for the Common-wealth.

Sir Th. Wither.

My Lord, Mr. Loves Defence which he made for himſelf, as he did it for his life, ſo he took a great deal of pains in it, and was very accurate in the Defence he made, eſpecially in the Witneſſes. My Lord, I ſhall not take upon me (for it is not my charge at this time) to reply unto, the whole Defence that Mr. Love made.

My Lord, That I ſhall ſay, ſhall be in two particulars, for Mr. Love divided that which he ſaid into four parts; the firſt concerning the Charge; the ſecond concerning the Witneſſes and Teſtimony; and 3. concerning himſelf; and 4. concerning ſome propoſalls to the Court.

My Lord, I ſhall onelyonly meddle with that which is concerning the Witneſſes; and 2. to ſome part of that he ſaid concerning himſelf; I ſhall only reply as to theſe two, and the reſt I ſhall leave to Mr. Atturny Generall, that better knows what is for the advantage of the Common-wealth.

My Lord, I ſhall begin concerning the Witneſſes to clear them (for now we are in our reply for the Common-wealth.) Mr. Love, who did profeſſe a very great deal of ignorance in the Laws of the land yet he did inſinuate ſomething that implied ſome knowledge of them, in that, my Lord, he took ſome exceptions to the Witneſſes; my Lord, I take it that theſe exceptions were:

1. That the witneſſes were not Probi teſtes & legales,

And 2. That they were Participes criminis, and that indeed is included in the other.

My Lord, Firſt I ſhall ſpeak to this, that the witneſſes produced againſt him, are Legales Teſtes: they are competent witneſſes, and ſufficient witneſſes, without exception againſt them. I ſhall firſt ſpeak to that they are Teſtis legales, for Mr. Love did object, that they themſelves confeſſ'd themſelves to be guilty of the ſame crimes, and ſo their confeſſion is upon the matter, a conviction, and ſo they are convicted of the crimes in which they are witneſſes againſt him; and ſo are not competent witneſſes.

My Lord, I ſhall clear this; under favour, I take it they are very clear and good witneſſes, notwithſtanding the Exceptions. And, my Lord, this I take to be a very plain caſe, the caſe which is in our Common Law; the caſe is —which proves it fully. For if a man be accuſed of High-Treaſon, indicted of High Treaſon, and will confeſſe the Indictment, and become an Approver, yet he may be a witneſſe againſt all thoſe parties guilty of the ſame Treaſons with himſelfe, he is particeps criminis with them, and they with him; and yet this man thus becoming an Approver, will at Common Law be a witneſſe, and a legal and good witneſſe againſt them.

My Lord, I ſhall a little open that, becauſe it clears the caſe. My Lord, an Approver can only approve it is true; that is when a man is indicted of High Treaſon and other his Accomplices with him; and he upon the Indictment ſayes it is true, and then deſires he may have ſome thing aſſigned to him, and then hee accuſes ſuch and ſuch perſons of the ſame crimes; in this caſe this man after he hath confeſt the Indictment, and takes his corporall oath to reveall all Treaſons he knowes in the Indictment, (for he can accuſe no further) after this done he ſhall be a witneſſe, he is a witneſſe againſt thoſe with whom he is Particeps criminis. Nay, my Lord, it is of merit and Juſtice that he ſhall have this reward, he ſhall be pardoned his life▪ Now that I prove to you, becauſe that ſhews the reaſon; that even the man, after Indictment and Confeſſion, yet being an Approver, ſhall be an Accuſer of his brethren, thoſe that were Participes criminis with him, and a good witneſs; and the reaſon of that goes to this caſe in hand. For although theſe men had a hand in the ſame plot and deſign with him, and have confeſt, and did confeſs it upon evidence, that they were there preſent, and did many things; yet I take it they are clear, competent, and good witneſſe; and that is no Objection againſt them, that they are Participes criminis. My Lord, if the law were otherwiſe, it were impoſſible to prove many offences; for many offences cannot be proved, but by ſome men that had a hand in them. Jn an ordinary caſe an action of Treſpaſs and falſe impriſonment, if three men are guilty of it, it is an uſuall thing in Courts of Juſtice to admit one of them a witneſſe; true, they are not parties in the action, and ſo may be witneſſes; for theſe things may be ſo ſecretly done otherwiſe, that their Treaſons could never be revealed to recover againſt the priſoner.

There is a caſe, I think in all our knowledge, it is the caſe of the Earle of Caſtle-haven, he was accuſed of a very grievous Fact, the witneſſes which came againſt him, were one or two Footmen, that were Participes criminis in the very ſame fact, and theſe men by the Opinion of the p. 78Judges 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 onelyonly 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 p. 79secret manner; for I do obſerve firſt, at theſe meetings all of them were done under a diſguiſe, every thing acted in this buſineſſe. I obſerve it upon evidence, firſt, That the very meetings themſelves, They go under the Title of Prayer and Faſting; for ſo Huntington told you, he was ſpoke to go to prayer at Mr. Love's houſe. The Contributions made for raiſing of money, for ſending of Meſſages and diſpatches, was under the diſguiſe of charitable uſes; ſo that here was darkneſſe all along. And then for the Letters, there was no names ſubſcribed to them, all were done without names, only the letter L. was upon one. And the place truly, I muſt ſay, that was obſcure too; for what man would have thought, that the place of meeting ſhould have been Mr. Love's houſe, a man that hath been ſo much for, and ſhewed ſo great an affection to the Parliament, as he ſaid himſelf in ſubſtance? a man would ſooner have thought to have found this Treaſon in any Cellar in London, then in Mr. Love's houſe. For the Instructions, for the directions and Diſpatches, ſome were ſent in Table-books, written in Sack in a Table-book. But, my Lord, I am afraid in the concluſion, the Letters will be written in blood. But, my Lord, this I do obſerve, that through theſe difficulties, though we paſt through our Evidence, yet your Lordſhip heard how plain the proof was in moſt particulars.

My Lord, I ſhall ſay no more as to theſe Witneſſes, becauſe the other part of anſwering the Witneſſes belongs to the Atturney Generall; for Maſter Love went over all the particular Witneſſes.

My Lord; I ſhall only ſay one thing, and that is this, concerning Mr. Love himſelf; and it is only concerning this point. My Lord, Mr. Love himſelfe did ſay, He would be ingenuous ſo far as he took himſelfe to be guilty. But, my Lord, I know your Lordſhip and the Court obſerves, that that ingenuity did follow the proof that was for the Common-wealth. My Lord, he confeſſes he was preſent at them, he was ſilent after all theſe Meetings and Debates, I mean the meetings after they began at his own houſe; for I ſpeak not of them that were at Dow-gate, for there is no proof that he was there. My Lord, this he confeſſes, and this he ſayes is miſpriſion of Treaſon. Truly, my Lord, I muſt be bold to differ from him in that particular; I take it that that he confeſſes is High Treaſon. I ſhall ſpeak a little to Miſpriſion of Treaſon, and ſo conclude.

My Lord, Miſpriſion of Treaſon is when a man hath notice of a thing that is Treaſon, and hee conceals it; now, my Lord, under favour, the concealment muſt not be long, it muſt not ſleep long with him. My Lord, I remember an Axiome an Author hath in our Law, and that is Bracton; he hath a diſcourſe of miſpriſion of Treaſon, he hath it in Latine—ſayes hee, He that knows a Treaſon, he muſt not ſtay in one place a day and a night, but he muſt go on, he muſt go toward the Magiſtrate. Nay (ſayes he) though he have moſt urgent buſineſſe yet he muſt ſet it aſide and go on, and muſt not ſtay in any place till he hath revealed it. Nay he ſayes further, He ought not to look back till he hath given information to the Magiſtrate; The man that doth not after this manner forth-with reveal it, this only is miſpriſion of Treaſon. But conſidering this caſe of Mr. Loves, now confeſſing the fact, he takes it to be miſpriſion of Treaſon, but I take it to be Treaſon it ſelfe. My Lord, I ſhall obſerve what Mr. Love did; he was at theſe meetings; theſe meetings were continued for divers dayes, and months. My Lord, was there any diſcovery made by Mr. Love? was there any revelation of his to any Magiſtrate? Did he tell it to any man? Nay, Did he confeſſe it upon his Examination, when examined? Nay, Did he not deny it when he came to the Bar before your Lord-ſhip? Can this bee ſaid to be miſpriſion of Treaſon, that a man ſhould hold ſo long in Treaſon and not reveal it? My Lord, As every Treaſon includes a miſpriſion of Treaſon in it; ſo I conclude, that miſpriſion of Treaſon may grow up to treaſon it ſelfe. Now when a man ſhall ſo long ſleep upon it, and be violent in it, and not reveal it, I take this miſpriſion of Treaſon growes up into Treaſon it ſelf.

My Lord, I ſhall ſay no more of that, but I ſhall conclude, becauſe the other part lies upon Mr. Atturney Generall, who is better able to do it; onelyonly one thing I ſhall take notice of to your Lordſhip, and I am troubled at it; and that is, That as he ſaith, that he that hath been ſo much for the Parliament, with whom he hath gone along, and took ſweet counſell together, and hath been Active for, and Paſſive with through all the paſſages of the late Warres, that he ſhould ſuffer from them, this he ſaies, ſtuck very much upon him. But, my Lord, for him that hath been ſo much for the Parliament, ſo familiar with their proceedings, that hath been ſo active for them, and hath ſuffered ſo much for them; my lord, for him to kick the heel againſt the Parliament, for him after all this, now even in the Infancy of this Commonwealth, that this child ſhould be deſtroyed, and by one with p. 80whom we have took ſweet counſell together. And by one I may ſay this, that though he had no hand in making this Common-wealth, yet I dare ſay he had in the preparations to it; for himſelf all along hath gone with the Parliament; ſo that my Lord, I take this to be an objection againſt him. But, my Lord, I ſhall ſay no more in it, but refer the other part to M. Atturney-Generall.

M. Atturney-Generall the third Councell for the Common-wealth.

At. Gen.

My Lord, I am ſorry M. Love hath given the occaſion of this meeting, and of my ſpeaking at preſent, I could much rather have wiſhed to have been ſilent; but now I am drawn hither, I am forced to it. M. Love, my Lord, in the beginning of his Triall did deſire God ſo to aſſiſt him, that he might go through it with gravity, meekneſs and wiſdom, as became a Miniſter of the Goſpell: I wiſh that God had heard his prayers, that he had ſo gone through it; what he hath done, the Court hath obſerved.

My Lord, in that part I have to do, I do heartily deſire I might doe it with faithfulneſs to you, and the duty of the place I ought to diſcharge, and to the Court.

My Lord, the work that this day lies upon me is, to reply ſomewhat to what was ſaid by M. Love in his own Defence, and to make a faithful repetition to the Court, and to doe the Witneſſes and the Priſoner right; to repeat that, and that onelyonly that hath been ſaid: And in that, that J may do no wrong to miſlead the Court, and offer nothing to the prejudice of the Witneſſes, nor to the priſoner. And truly, my Lord, I ſhall not (in his own words) have any tortured Collections, nor any inferences, nor ſtrains of wit; he hath ſhowed his Oratory in his defence. My Lord, I ſhall ſhow the ſimplicity of Law in the Reply.

My Lord, the Charge hath been repeated to you, and for that inſiſted upon by M. Love for the Witneſſes and teſtimony you have had anſwer; I ſhall not trouble you, there hath been pains taken in it, my Lord, I think all men were ſatisfied that it was clear enough; yet to make it more clear. M. Love, my Lord, inſiſted upon one thing more, and that is upon point of Time, and the point of the Juriſdiction of the Court, which (by your favour) I ſhall firſt begin with.

He ſtands charged he ſayes, for crimes done in 1648. 1649. 1650. and 1651. and thoſe crimes he ſayes, were before this Court was, or had a being, and ſo had not power to take cognizance of them.

That my Lord, J ſhall endeavour to clear to you, and I think in much cleerneſs, cleerer than the light, as he will have his evidence. He ſtands charged (I ſay) poſitively, my Lord, with no crime before a Law was emitted, that did give an inhibition and was publiſh'd and known. He ſtands charged with no crime before the Law was publiſh'd, that did declare what the crime was, and gave notice to beware.

My Lord, that that was firſt, was the Law that was made the thirtieth of January, 1648. that doth declare, (and upon that Law I ſhall fetch the foundation and riſe of this Treaſon) that whoever ſhall proclaim, declare, publiſh, or any way promote Ch. Stewart, or any other perſon to be King, or chief Magiſtrate of England, or Ireland, without conſent in Parliament, ſhall be adjudged a Traytor, and ſhall ſuffer pains of death as a Traytor: Here was this Law publiſh'd, and notice given what every man ſhould truſt to, and I may ſay my Lord, Obedience expected: Againſt this Law hath M. Love tranſgreſsed, and under favour, in a very high meaſure; ſo that, my Lord, I charge him upon this Law, and ſince this Law was made, and to this Law there is no limitation of time for men to be queſtioned for it: and for this Law, it is in expreſs terms given in Commiſſion to this Court to take cognizance of it; ſo that I think, this is a little clear to him.

My Lord, the next is a Law publiſhed in July, 1649▪ that is entituled, An Act declaring what offences ſhall be Treaſon; that I think he is not ignorant of, though he pretended to be ignorant of another. My Lord, that Law likewiſe, though it was before this Court was erected, yet this Court hath by expreſs words of the Commiſſion power to take cognizance of it; and this Court in theſe things is not like other Judicatories, that when offences are committed, the State takes care to appoint Courts and Judges to judge thoſe offences; let it be no offence to M. Love if this Court were erected eſpecially to try him, but the Law was not made eſpecially to puniſh him; for the Law was made before, and the offence committed before, and ſo I think, in all England the offences are committed before the Judges go their Circuits and have their Commiſsions.

My Lord, the next is the Law that conſtitutes this Court, and ſayes in what particulars this Court p. 81hath power to take notice of offences, beſides thoſe mentioned before, and the laſt concerning the Scots; that was but lately which Mr. Love ſayes he was ignorant of; but he was not ignorant to doe ſomewhat againſt it. My Lord, theſe are for the lawes that Mr. Love is impeach't upon.

The next thing that I have to doe is, (and in that I humbly beg your favour, That as I am now to doe Juſtice (if I may ſo ſay) to the Court, and to bee faithfull to my Truſt and the Duty impoſed upon mee) to repeat the evidence right unto you; and in that, as the Gentleman the Priſoner at the Barre, hath had that favour from you to have a Notary by him to take all that was ſaid of all parties; ſo, my lord, by your favour, wee have had ſome here to help our memories; with whom I have conferred, and by the help of their Notes and our memories, my lord, wee thinke wee have faithfully tranſcribed that which was ſaid by the Witneſſes. And, my lord, I humbly crave favour, as not now being a private examination, to be read, but a publike teſtimony in the preſence of Mr. Love himſelf, and the Court; I hope it is not private now, but I may uſe notes to do him right, and may read thoſe things that they teſtified upon their oath here.

In the firſt place, my lord, I ſhall according to my beſt judgement do him no wrong: For the firſt, I ſhall acknowledge it was but a heare-ſay, and that from Drake, of letters ſent from Scotland to the Presbyterian party in England, to let them know what had been done of proclaming the King there, and that care ſhould bee taken for their Intereſt. This I doe acknowledge was but a heare-ſay; but that which followed not long after that time, my lord, was poſitive, and there (my lord) I ſhall begin the riſe of this; and thus as hath been obſerved by my fellowes that are Counſell here, though there was not acting, nor preſence, nor knowing, yet (my lord) under a ſecond, it will appeare hee was conſenting and approving, and ſo guilty of the firſt fact: My lord, there was a meeting at Dowgate, I ſuppoſe you remember it full well, it hath been ſeverall times repeated to you by ſeverall perſons, and Titus the party now beyond the Seas, and Drake, and other Traytors fled, were prime ſticklers for this, and moved others to come in and to bee there preſent, and heare what was the deſigne. As J did crave your Lordſhips favour, ſo I ſhall, that I may not (as hee ſayes) truſt to fickle nor roveing memory, that I may bee faithfull to read to you that I have taken, and what was ſaid by them; I ſuppoſe Mr. Love hath by him one that can controle me if I doe not right.

I begin with this meeting at Dowgate, and continued at the White-Hart in Breadſtreet, Alford gave you this evidence, That one morning hee was wiſhed by Drake to goe to the Swan at Dowgate; when hee came there, there was one Titus who gave relation of the good diſpoſition of the Prince, and how inclineable hee was to take the Covenant, and to caſt off the Cavaliering party, and thoſe about him, if there were opportunity found, how to make him know there was a conſiderable partie in England that would ſticke cloſe to the ends of the Covenant; and upon that wee that were there did thinke wee were bound in duty, in relation to the Covenant, to preſs the Prince to take it, and to proſecute the ends of it. And for that Titus ſaid, if wee would appoint another meeting, hee would draw up ſomething in way of Application of the Presbyterian party to that purpoſe.

Wee afterwards met at the Beare in Breadſtreet, and there hee drew fourth ſomething hee had framed to that purpoſe, and read it, and it was agreed upon to bee ſent over to the Prince, the ſubſtance of it was to preſſe the Prince to apply himſelfe to take the Covenant, and to proſecute the ends of it, and to caſt off all the Cavaliers and that party about him, which had brought ſo much miſchiefe to his Father, and would doe likewiſe to him: And this (I believe) was ſent over, for Titus undertooke to ſend it over. Wee aſked him how the Prince could bee made to believe that this coming from ſo inconſiderable a party as wee were, ſhould come under the notion of the Presbyterian party of England; hee ſaid hee would undertake it by meanes of my Lord Piercie. And my lord, I think you doe remember there was one Maſon ſervant of Piercy, that was ſent over hither, ſo teſtified by ſome, to reconcile the Royall and Presbyterian party. This Maſon (my lord) was Piercies Servant, ſo teſtified here by divers, My lord, here is now the foundation, p. 82Drake is he that moves Alford; and Titus I may ſuppoſe the mover of Drake, and both of them fled at Traytors.

My Lord, If they were Traitours, and this is Treaſon; then whoever had a hand in carrying on this Deſign, himſelfe is a Traitor, and his Action is Treaſon. My Lord, this is the Teſtimony of Alford.

My Lord, There is another witneſſe, and that is, lieut. Colonel Bains, who I think was preſent only at this meeting, and had enough of it, and did leave it; and yet was preſent at this, and gave in evidence of what was there propoſed. I think he was preſent at no other meeting, he was ſatisfied this was too much; his Teſtimony, as I take it, was this, for I ſhall read it, that I may do no wrong to no party: Bains ſaid, It was alſo propoſed by Titus, that ſomething ſhould be done in order, to reſtoring the Presbyterian Intereſt, by Application to the Prince, and to aſſure him that he had a conſiderable party in England, which look'd upon it as a duty, and lying upon all of them by the Covenant. And that it was neceſſary ſome what ſhould be done by ſome Parliament men, Miniſters and Citizens, that were leading active men, that he might have an aſſurance, that ſomewhat would be done for him: and ſomewhat to the Queen, Jermin and Piercy, whom, he ſaid, were their friends. This, my Lord, was that which Titus ſaid at this meeting; and teſtifyed by Bains.

My Lord, There is another, Colonell Barton, who was produced as an Evidence. My Lord, I think that he ſpoke not much more then to this, and gave off here. My Lord, his Teſtimony was this; for I do conceive, under favour, we have taken the very preciſe words ſpoken by them: And, my Lord, ſo as ſpoken and taken, ſo written, and ſo, my Lord, read to you: Barton, my Lord, ſaid, That Drake would have him to be a Meſſenger, and to that purpoſe there were ſeverall meetings at the Swan and White-Hart. This was what Barton teſtified.

My Lord, Then there was Major Huntington, which was at this meeting, and one more at Mr. Loves houſe, which he full well remembers. My Lord, Huntington ſayes this, That about March 1648. (in January was the Law publiſhed) Alford told him, that Titus was in town, and that he was newly come from beyond the Seas from their friends, Maſſy, Bunce, Graves and others, and that Titus was to meet the next day at Dow-gate, where he fell into high praiſes of the Prince, and told them that though he was taking unhandſome courſes, yet they had great hopes his inclinations were otherwiſe. Titus ſaid further, he feared his inclining to the Iriſh, unleſſe ſomething ſhould be gotten from his friends here to divert him; that you remember was Mr. Loves charity too, as you will hear anon. Titus purpoſed to get letters from perſons of honour, to perſwade him to a good opinion of the Scots, to take the Covenant, and to joyn with them.

Afterward they met at the White Hart in Bread-ſtreet, where Titus declared that he ſhould gain theſe letters, and hoped to ſet ſomething a foot to the ſame effect; and there ſaid, they were confident they could ſee no way under Heaven for him elſe, but by taking the Covenant, and engaging the Scots againſt England; to which purpoſe he drew forth a Paper, purporting that they were bound in honeſty, conſcience and loyalty, to maintain and help him to his juſt Rights, if he would go along and joyn with the Covenanting party in England and Scotland.

My Lord, This is that now that hath paſt in proof by evidence concerning this firſt meeting at the Swan at Dowgate, which I do humbly conceive was the riſe and foundation of what followes afterward. And this, my Lord, if true, I ſuppoſe no man will ſay, but that was Treaſon that was tranſacted there. I do not ſay, my Lord, that Mr. Love was preſent at it, nor as yet, can I ſay, knowing of it, but what followes after, my lord, will bring him in danger.

My Lord, Here, you have heard, was this meeting, and what was propounded to be done here, and how active Titus was, and that he was to go (you have heard by the Teſtimony) to Piercy; and it is not doubted by any but he did go thither; it is not doubted by any but he was ſent and did go thither. To that purpoſe I ſhall now read you two witneſſes more, which I have cauſed to be tranſcribed too, in the words as ſpoken by them, as I do conceive, that is Adams and Far; That there was money agreed upon, to ſend Titus to Piercy; that there was money collected, and that they themſelves did contribute. Adams he expreſſeth it thus: That upon a meeting, the place and time I remember not; where I think were preſent Drake, Titus, Alford, and my ſelfe, and I cannot tell how many more; It was agreed that Titus ſhould go to Piercy, the end of his going was to promote an agreement between the King and the Scots, according to the Covenant (and, my Lord, you ſhall hear in due time what that Covenant is, that M. Love hath ſaid in his late Defence,) In order to his going, we did p. 83agree to furniſh him with money for the preſent, and made ſome kinde of promiſe to keep him while he was out; about an hundred pound was furniſh'd; for my part, I paid twenty pounds of it. This is Adams.

The next is Farr: He ſayes, He did underſtand by Drake, that Titus, who was here requeſted as one, to be preſent at the Treaty at Jerſey, which Titus did undertake to go thither; he undertook to go himſelf: that after he was gone, Drake deſired Farr to let him have ten pound, ſaying, Titus was in want, and upon this I lent him ten pounds; the Letter was read at M. Loves houſe when he came from Calice. So my Lord, here is now under favour, his proof before you of this meeting at Dowgate, at the Swan there, finiſh'd in Bredſtreet, carried over unto Jerſey, Titus the Meſſenger furniſh'd with money by a party from hence in this Arrant, as we told you. My Lord, all this while I do not hear of M. Love: if he were, My Lord, he was like the Mole under ground: but however, my Lord, Mr. Love hath carried himſelf (as ſome have ſaid) like a Rat among joynt-ſtools, a man can ſee him, but cannot hit him; But, my Lord, I doubt he will appear to be too buſie in what followes, and that he had a hand in it at firſt.

My Lord, the next to go on with is this, in time; that when Titus finiſh'd his work at Jerſey, he was then to give an account to his Maſters that imployed him, and upon his return he was to doe it faithfully, as he thought. But being informed, that the State had vigilant eyes, and they diſcovered him what he had been doing there, and he having notice from ſome of his ſtedfaſt friends here of it, he thought it was not ſafe for him to come in perſon, ſo that his guilty conſcience kept him off: But then he did deſire that he might give an account by the hand of ſome others, by their memories, and for that purpoſe wrote a letter, to whom I cannot tell, I think to Drake; The letter was written, and under favour, my Lord, this letter from Titus was read in M. Loves houſe, to have one ſent to him; and there it was propounded for ſome to be ſent, Adams was propounded, for him to go; Farr propounded for him to go; but not them, but Alford was agreed to go, and did accept of it: but not that he was there, my Lord. My Lord, for this I ſhall crave the ſame favour from you, to read Adams and Farr, as to that particular. This is Major Adams, It was moved in M. Loves houſe, M. Love being there preſent, that I ſhould go to Calice to meet Titus; but Alford going thither, did at his return give an account of the ſtate of things at M. Loves houſe. My Lord, that I read him for, is for that part, that it was moved in M. Loves chamber, M. Love being then preſent: that I ſhould go to Calice to meet Titus; it was moved that Adams ſhould go; my Lord, this I read to ſhow M Love was privie to this before the Meſſenger was ſent. My Lord, the next is Capt. Ralph Farr. I was in M. Loves houſe in his Study, wherein (in M. Loves Study) a letter was read from Titus, deſiring one might be ſent to him to Calice; and thereupon it was moved that I ſhould go, but afterwards it was agreed that Alford ſhould go, who went accordingly. That is now as to that particular, that before any man was ſent unto Calice, it was made known in M. Loves houſe, and ſome propounded for to go, and at laſt another did goe; this, my Lord, I offer to you, as that which will not be controverted by M. Love, for I have read you two Witneſſes to it. The next, my Lord is, in which (I think) we doe not differ, but that when Alford had been at Calice, and had taken the account that Titus gave him, the copy of the letter which he ſaid was from the King to the Presbyterian party here, the Narrative of all the Tranſactions and Proceedings at Jerſey; that upon his return, I think we do not differ, nor is it denied; I am ſure M. Love acknowledged it in his laſt Defence, becauſe proved by four, therefore confeſſed; my Lord, that this Narrative, the copy of this letter was read in his houſe, and for that I have the teſtimony of Adams, Alford, Jaquel, and Farr, which if it be your pleaſure, I ſhall humbly read unto you.

The firſt is Major John Alford, Having received at Calice a Narrative in writing of Titus his tranſactions in Jerſey, I brought the ſame to Drake, to whom it was directed: Now it appears to whom the direction was; and he brought it to M. Loves houſe, where it was read; afterwards there was a Commiſſion ſo called; but my Lord, if you pleaſe, that is for this in the firſt place, That this Narrative brought from Titus by Alford, was read at M. Loves houſe.

The next is Adams, But Alford going to Calice, did at his return give an account of the ſtate of things at M. Loves houſe, which account was the Narrative from Titus, and the copy of the letter ſaid to be the Kings letter. The Contents whereof I remember was as followeth, The King expreſſed a great deal of affection to the Miniſtry in generall in England, and promiſed them great favours when he was in a condition, and deſired them to continue ſtedfaſt in the way they were in; which letter was read and publiſh'd in M. Loves Study, and M. Love was there ſometimes of the reading, at the ſame time a motion was made of p. 84giving thanks to Titus for his well managing affairs there, and at the ſame time the Commiſſion and Inſtructions were. So that here is another teſtimony, that this was done at Mr. Loves houſe; the Narrative, ſayes this Gentleman, and the copy of the Kings letter.

My Lord, the next I ſhall read unto you is Mr. John Jaquel. After Alfords coming home, I was at Mr. Loves houſe, where was Potter, Drake and Alford; and Mr. Love was there ſome times, though di…ers times ſome body came to ſpeak with him, and called him, and he went to ſpeak with them: A Narrative from Titus was there read by Alford or Drake, wherein was declared the Kings inclination to make peace with the Scots, but his wicked Councel hindred him. I think it was a Narrative of what had paſs'd between the King and Titus at Jerſey. This is that that Jaquel ſayes.

The next, my lord, i… Far; Alford being returned, he gave account of his imployment at Mr. Loves houſe; A copie of a letter was there read, from the King to the Presbyterian party in England; the ſubſtance was to ſend Commiſſioners to the Treaty at Breda. The Narrative brought from Titus was communicated at Mr. Loves houſe: where were preſent ten or twelve perſons. So, my lord, you have heard theſe four witneſſes, what they have ſaid concerning this: Now you ſhall give me leave to make application of this to the former; I ſhall crave you favour to go thorow this. There follows more at Mr. Loves houſe; this is not ended yet. My lord, after this, there was ſomewhat propounded to be done upon this Narrative and a letter from the King; ſomewhat was propounded at this meeting: My lord, then there was (as I know the Court remembers) ſpeech of a Commiſſion that was ſomewhat controverted. There was ſpeech of a Commiſſion, and a Commiſſion read, Mr. Love ingenuouſly acknowledgeth, and it was proved, and he declared his diſſenting from it, and that he was againſt it, becauſe as private perſons they had no power to do any ſuch thing. But, my lord, that there was a Commiſſion read there, brought by Drake (I do not ſay that this proves that Mr. Love corrected it:) That there were Inſtructions and letters read for to be ſent over, I think, is not denyed: but, my lord, for that, if you pleaſe, I ſhall read you the witneſſe. The firſt is Alford: Afterwards there was a Commiſſion, ſo called, agreed among us, ſent over to the lord Willoughby of Parham, Maſſey, Graves and Titus, at B…eda, to adviſe with the Scots Commiſſioners there, in behalf of the Presbyterian party in England. This Commiſſion was read in Mr. Loves Studie: and at the ſame time Inſtructions for the Commiſſioners to walk by were agreed on to be ſent: which Commiſſion and Inſtructions were the ſubſtance of the Petition formerly ſent, to preſſe the King to take the Covenant, and to proſecute the ends of it. This Petition was (I conceive) what was formerly agreed upon at Dow-gate: which Commiſſion and Inſtructions one Maſon the lord Piercy's man carried over. This is Alfords teſtimonie as to this. And being ask'd by Mr. Love, Did not I diſſent from ſending the Commiſſion and Inſtructions? he ſayes this, It was agreed in the generall, that the Commiſſion and Inſtructions ſhould be ſent, Mr. Love being then preſent. All preſent are Principles, my lord.

My lord, in the next place is Major Huntington's teſtimony; and the firſt is this, That at Mr. Loves houſe, in the beginning of March 1649, I found Drake and others, and there was read a paper in the nature of a Commiſſion, Commiſſionating my lord Willoughby of Parham, Graves, Titus, Maſſey and Bunce, to treat in the behalf of the well-affected party of England, and to joyn with the Scots Commiſſioners, according to ſuch Inſtructions as ſhould be therein incloſed. And this queſtion being asked, What power have wee to give or ſend ſuch a Commiſſion? Drake anſwered, Wee have the Kings Command for it, and the authority of ſome ſecluded Parliament men; for J look upon them beyond the Power that is now ſitting. Whereupon Mr. Love replyed, Come, come, let it go. You have heard Huntingtons teſtimony, and Mr. Loves paraphraſe upon thoſe words.

The next is Adams. At the ſame time a Commiſſion and inſtructions were ſpoken of at Mr. Loves houſe, to be drawn up and ſent. As J remember, Mr. Gibbons brought the rough draught. J am very confident that Maſter Love was there ſome part of this time; and it was in his Studie, where this was generally conſented unto. The Jnſtructions were there agreed alſo, and read by Drake, as J remember. Sterks the Scotiſh Agent met with us ſometimes at Maſter Loves houſe. This is what was teſtified by Adams: There is another to this, and that is Captain Far: William Drake read there a paper, of the nature of Commiſſion, which was not agreed to by the Company, becauſe private perſons had no authority to give Commiſſion. The Commiſſion was in the name of the Presbyterian party. A letter and inſtructions was then agreed upon, The Commiſſioners were to be the Lord Willoughby of Parham, Bunce, Maſſey and Titus; who was to move in the behalf of the Presbyterians: Papers then were read, to have been ſent to the Queen, to perſwade the King to give ſatisfaction to the Scots. But they were not aſſented to.

p. 85My lord, I have done with this that concerns this meeting; and now I ſhall apply that which I intended and ſpoke of before. The Deſign you heard, that (my lord) was at the Swan at Dowgate, was treaſonable enough in conſcience, high enough; a partie imployed to agitate! And though wee do not finde Mr. Love to have been knowing or privie to it at firſt; yet, my lord, if there be a Treaſon hatch'd and deſigned, a partie ſent in it; and any ſubſequent act of any other party, that ſhall come into this, and approve of it, and joyn in it in what way ſoever, This man, my lord, is guilty of the firſt tranſaction of Treaſon. So that though Maſter Love did ſo walk under ground, that wee cannot bring him in to be knowing at firſt, yet I bring him approving at laſt: And, my lord, though here be his firſt appearing, it is enough and too timely; And my lord, Titus departing, and an account given of all; and for ought appears, not to be proved by mee, nor by any for the Commonwealth, whether Maſter Love did approve or not; or how far hee went in it. But hee was preſent, and at the debates and diſcourſings about it, and actings in it. My lord, this is far from miſpriſion of Treaſon; for miſpriſion of Treaſon is a bare ſilent act, that carryes nothing of diſcourſe nor debate with it: it is a ſimple act of omiſſion. But when Treaſons are hatch'd, and are deſign'd, and others ſhall come and treat, and debate, and diſcourſe upon carrying them on; my lord, by the ſubſequent act hee hath approved of all that paſs'd before, and made himſelf partie to it. Here is an account given by Titus of what had paſs'd there; this is brought into Maſter Loves houſe; there are debates concerning a Commiſſion: whether they took the KING for the Authoritie, or the King wrote of it, it doth not much move mee. A copie of a letter from the King was read there, let them take it among themſelves as they pleaſe. Here was a Commiſſion debated, and Maſter Love acknowledgeth hee debated againſt it. My lord, under favour, if hee had declared an utter diſlike, and (as hee himſelfe ſayes) a deteſtation and abomination againſt it! But hee goes on, though not in that particular, yet in another; and hee is guilty of all. In Treaſon there are no Acceſſaries, all preſent are Principles.

The crime of Treaſon is beyond the crying blood of murther, one is but private, the other is publike; ſo as, my lord, though Mr. Love acknowledgeth, that he ſo far owned the Narrative from Titus and the proceedings there, the reading of it, but did diſſent from the commiſſion, and did ſpeak againſt it, and at preſent I ſhall take it ſo too; yet for the inſtructions ſent, and for the commiſſion named, you have had four witneſſes named to you; my lord, diſſent will not ſerve his turne, and yet to that there is not a pretence of a diſſent from the inſtructions, and what was ſent, and that is a conſent and concurrence, and that is an approbation of all precedent actions, and makes himſelf a party in it, and that is by one witneſſe; and, my lord, you have heard by Maſter Serjeant Witherigton, that to every circumſtance there needs not two witneſſes, but to the deſigne there muſt be two; and Adams himſelfe ſayes it was propounded to have given Titus money, as you ſhall hear by and by; and Far tels you, that there was going on ſo farre in it, that a paper was read for letters to be ſent to the Queen to move her to perſwade the King, but that was not aſſented to; but it was moved among them.

My Lord, The next thing I ſhall take, as near as I can, was when this was done, and this tranſaction paſt over, and the inſtructions ſent, that were agreed upon for Commiſſioners at Bredah, then begins the troubles in Ireland. You have heard of a Paper Book ſent, written in ſack, and returned a year after; that comes next: There was ſent over from Colonel Bamfield (Mr. Love ſays, he knew not the face of the man) but he lik'd his imployment it ſeems, that would be privie to ſuch proceedings from a man he knew not. There came a ſervant over, I take it from Bamfield, and that was about Chriſtmas laſt, that is the time expreſt after Dunbar fight. My Lord, This was brought, the letter was delivered to Potter, and their Superſcription was ſingly with the letter L. which I may ſay, may be better applyed to Maſter Love, then to any other, all circumſtances conſidered; yet I ſhall not conclude from it, but though he ſayes, he had no letters directed to him, I ſhall ſay as truly, that they were directed to him, as much as to any man elſe, and a little more; for Maſter Love was very unfortunate, that theſe letters ſhould be brought to him, read in his houſe, the tranſactions there, and Mr. Love to have no hand in it; this is hardly to be beleeved.

My lord, in the next place are theſe letters that came from Bamfield: if it pleaſe you, for that I ſhall read Potter. I received letters out of Scotland from Bamfield, with the letter L upon it, wherein was p. 86a large Narrative of the affairs of Scotland, from Dunbar fight, to the time of the date of them, which (I think) was about Chriſtmas. I carried thoſe letters to Maſter Loves, where was one or two more with us, Jaquel, and I think Doctor Drake, we three I am ſure of it. There were letters from a nameleſſe perſon, whom we ſuppoſed to be Maſter Baily; and a letter from my Lords of Argile, Louthain, and Lowden. Theſe letters wrote for ten thouſand pounds for buying of Arms and hiring of ſhipping; and for five thouſand men to be landed in England. Theſe letters were diſlik'd and diſſented from; and it was agreed to give a negative Anſwer: And we thought fit (for our own ſafety) to raiſe ſome money for the Meſſenger and Bamfield: the ſum…n agreed on was forty pounds; to which I contributed ten pounds. I carried the letter to Mr Loves, to take advice upon it. Mr. Love and I, and Jaquel read thoſe letters that were opened, and thoſe that were not opened, we did open and read, and diſcourſe on them; and upon advice reſolved to do nothing in it: Neither did they reveal it. And then being demanded, whether at Mr. Loves houſe there was not a diſcourſe for raiſing 4 or 500 l. he anſwered, There was. Being demanded whether letters were not returned to Bamfield, with the money ſent him; He anſwered, A letter was left at my ſhop, and I apprehended it came from Maſter Love, or Mr. Drake. (and Jaquel being demanded whether Mr. Drake and Mr. Love were not appointed to draw up the letter? he anſwered, Yes, they were.) and that is Potters teſtimony.

The next mention is, that Jaquel was preſent there, he is ſure of it; Maſter Love himſelf, and Jaquel. This is Jaquels teſtimony; At a Meeting at Mr. Loves houſe, Maſter Love being preſent, It was thought fit that forty pounds ſhould be raiſed for Bamfield. A letter was read from Bamfield at Maſter Loves houſe, Mr. Love being preſent; Mr. Love declared, he never ſaw or knew Bamfield. The letter was for five thouſand pounds to hire ſhipping. And another letter from my lords of Argile, Louthain and others, at the ſame time and place was read, to induce the Confederates to give credit to Bamfield. Potter moved that ten pounds might be given to the Meſſenger that brought the letter, and thirty pounds to Bamfield: which was conſidered of, and nothing ſaid againſt it. There was no agreement; but it was thought convenient by all then preſent. Upon this Mr. Love ask'd Mr Jaquel a queſtion, and he ſaid, I cannot ſay that Mr. Love ſaid, It was convenient: but it was not diſſented from, or ſpoken againſt by any.

My lord, I ſuppoſe this is a faithfull relation of what the witneſſes ſaid. My lord, you have heard of this, and the time when it was; That Bamfields ſervant was ſent, and letters brought from Scotland, giving an account of proceedings there: letters from Argile, Louthain, Lowden, and Belcar…is, to give credit to what Bamfield ſhould relate: money provided, though not the ſum nor the means thoſe letters did hint to them; perchance their purſes could not reach that; but ſo far as they could goe, they would; they would reward him that brought it, and him that ſent it; and thereupon 40. l. was provided, ten pounds for the meſſenger, and thirty pounds for Bamfield. In this repetition I think I have not wronged Mr Love.

The next is the letter that came from Maſſey and Titus, who were then in Scotland; and in what condition I think every man knowes; in what condition they are there: though by the way, I ſhould be ſorry to repeat that which Mr. Love did ſay the firſt day, That it did not appear to him, that the Scots were in arms againſt the Parliament of England, but in arms for their own preſervation; and therefore did deſire Councell; here was one of his reaſons why he deſired councell to be informed, To adviſe him whether they were in arms for their own preſervation, or in oppoſition to the Parliament of England: This was that Mr. Love was pleaſed to ſay the firſt day. My Lord, this of Maſſey and Titus gives them an account likewiſe of the affairs in Scotland after Dunbar fight too. If you pleaſ…, my lord, I will read you three witneſſes to that, and that neither doth Mr. Love deny, but that theſe letters were read at his houſe.

This is Major John Alfords. After Dunbar fight, we met at Mr. Loves houſe in his lower room, where a letter from Maſſey was read, which gave an account of the fight there; wherein he alſo wrote for Arms, mentioning his own and Titus neceſſities. Thereupon a propoſition was made for raiſing of monies for the ſupplying of their neceſſities; and five hundred pounds being propounded, it was brought down to two or three hundred pounds, to be raiſed among our ſelves: Mr. Love did then move for contribution of money to that purpoſe; and I thereupon promiſed ten pounds, which my man paid. This, my lord, is the teſtimony which Alford gives, as to this concerning Maſſey.

The next is Adams. When the money was propounded to be raiſed for Maſſey and Titus, certainly Mr. Love was then preſent; and this after the Fight at Dunbar: And the money was agreed to be raiſed by p. 87thoſe that were privy to the correſpondency; Mr. Love had then a paper in his hand, and did write ſome thing, I ſaw not what he did write, and ſo every man that was there did write what he would lend, I conceive Mr Love ſummed up every mans ſum. Maſſeys letter was for Armes, and the money propounded was for Titus and Maſſey; For Titus, becauſe he was ſent by us: and Mr. Love was there. This, my Lord, is Adams his Teſtimony; and though he did not know what Mr. Love writ, yet he kn…w what Mr. Love moved.

My Lord, Here is another, and that is Captain Farr, which I ſhall make bold to read to the Court likewiſe, concerning the ſame action. After Dunbar fight I came ſomewhat late to a Meeting at Mr. Loves houſe, where Mr. Love told me a letter was come from Maſſy, to aſſiſt the King with Money and Armes, but it was not agreed that any Money or Armes could be ſent. And I underſtood from Mr. Love they could not do it. Mr. Love then likewiſe told me, they agreed to raiſe a ſum of money for Titus, Maſſy, and Graves, and to be ſent to relieve them in their neceſſity; which ſum, whether it was 250 ^l. or 300 ^l. I cannot poſitively ſay; but Mr. Love moved me to contribute; I told him I would give him five pound, which I brought wrapt up in a paper, and laid it down on Mr. Love's Table, Mr. Love and ſeverall others being in the room; it was ſo done that there might be no diſcovery. And Mr. Love asking him ſome Queſtions upon this, whether it it was done ſo by Mr. Love or no, he did not know that, but it was done ſo by himſelfe, that there might be no Diſcovery. My Lord, Mr. Love did not diſagree; Far being croſſe examined by Mr. Love, did not ſay that Mr. Love did diſagree to the ſending the money to Maſſy and Titus. So I have done with that particular likewiſe, the receiving letters from Maſſy, and of the account from Scotland, and the fight there.

That which Adams ſaith, Mr. Love having replyed unto it, concerning a letter writ to the Generall Aſſembly and Kirk of Scotland; and in that, my Lord, he is pretty poſitive. Adams Teſtimony is; There was a letter written to the Generall Aſſembly and Kirk of Scotland at Mr. Loves houſe; Mr. Love was ſometimes preſent at this meeting: which letter was taken to be penn'd by M. Love and Mr. Drake, and I thought it to be ſo becauſe of the language of it; and that after Drake eſcaped all the meetings I know of, were at his houſe; and ſo my Lord, ſay ſome others. Being examined, he ſayes, I ſaw letters which were read in Mr. Loves houſe, Mr. Love was preſent and privy to the debating of them, and did not declare any diſſent.

My Lord, I have now done with theſe particulars, you have ſeen Mr. Love at the end, though you found him not at the beginning; it is not good to come at the ending of the Quarrell. But, my Lord, under favour, by the lawes and rules of Juſtice, if any ill thing be contrived and plotted, and afterwards any other perſon ſhall come into the contrivance of it, and carry it on; My Lod, I think I ſhall not need to ſay much in it, but he is culpaple and guilty of the whole, from the firſt to the laſt: And that Mr. Love ſhould be but a meer Spectatour, a meer concealing perſon, it is very hard to be beleeved by any that are rationall men; for after that once Titus hath done his errand at Jerſey, and gives his account here; my Lord, that his tranſactions, and the ſubſequent imployment, all that we know of, are all tranſacted, and carryed on in Mr. Loves houſe, in Mr. Loves Study, in Mr. Loves preſence: It was not one or two, or three times, which had been enough, and very well had it been for Mr. Love, if he had done as Bayns did, or as Barton did; they when they heard (though that were too much for them, My Lord, to conceal, as they have done, yet did confeſſe it when required) they left off when they heard of it, they would go no further in it, they knew the danger of it. Mr. Love, my lord, as you will hear anon, by what himſelf hath propoſed, what judgment and conſcience led him to carry on this; it was a conſcience of his own Covenanting intereſt and principles, for the Scots, and Religion that led him on to carry on this Deſign.

My lord, I have done with this, that is the evidence againſt him; for Application to it, you have heard the ſeverall lawes read before the charge opened, that man is guilty of High treaſon, and is a Traitour by the lawes of the land now, that doth any way promote, declare, or publiſh Charls Ste… art to be King of England. My lord, you have heard the evidence, what Titus hath plotted, what Drake hath carryed on, what Mr. Love hath approved of, and how far he hath conſented and joyned in the deſign. My lord, I ſhall ſay it again, if Titus and Drake be traitours, as their own guilty conſciences have made themſelves judge themſelves ſo; he that flies confeſſeth the fact; My lord, they are fled. My lord, if they be traitours, Mr. Love muſt be the ſame with them; for Mr. Love was carrying on, and hath agreed, and concurred, and approved of carrying on the Deſign that Titus and Drake have acted; Conſenters and Agents are to have the ſame puniſhments; in Treaſon there a… p. 88no acceſſaries. My Lord, the next point is this; the next Act is that of the 17. of Janury, 1649, Having given you the evidence, you will give me leave now ſhortly to repeat the Law. The firſt is, for promoting Charls Stewart, &c. That if any perſon ſhall maliciouſly and adviſedly plot, contrive and endeavour to ſtir up or raiſe forces againſt this preſent Parliament, and for the ſubverſion of the ſame, and ſhall declare it by any open deed, &c.

My Lord, Mr. Love is pleaſed to expreſſe himſelf that none can accuſe him, nor none have ſworn againſt him, that he hath raiſed any Seditions, any Inſurrection, any Rebellions; my Lord, I cannot ſay it fully, whether he be guilty of that, or no; but this I will ſay (the judgement I ſhall leave to the Court upon the evidence heard) if Mr. Love be guilty of any thing moving or tending towards the raiſing of Forces, Seditions, or Rebellions, though the thing be not done, yet, my Lord, it is Treaſon, thoſe practices; thoſe purpoſes are Treaſon by the law, though they never come to act; we ſhall not look, I hope, to ſee a Rebellion raiſed before we ſhall ſay it is Treaſon, and endeavour againſt it; but for that, how far he is guilty upon the evidence of being inſtrumental of the war in Scotland, and to have endeavoured to have a party got in England; my Lord, I ſhall leave it to your judgment upon the evidence you have heard.

My Lord, There is likewiſe another in the ſame law, If any perſon procure, invite, agree, aid or aſſiſt any Forraigner or Stranger, to invade England or Ireland, or adhere to any Forces raiſed by the Enemies of the Parliament, or Common-wealth, or Keepers of the Liberties of England; this is High Treaſon; for this you have heard the evidence what Mr. Love hath done towards this, ſtill upon the ſame foot of account it is Treaſon, though but propoſed and intended, though not acted; then there is another clauſe upon the law, that Mr. Love hath inſiſted upon, of conſtituting this Court. But for thoſe former I have ſaid, and you ſhall give me leave to repeat it again, that theſe lawes offended againſt, though in time before this Court was conſtituted, yet this Court hath, in expreſſe words, commiſſion and Authority given them by the Parliament, to take cognizance of all Facts and offences, done after that Law, though done before your Commiſſion; and that, my Lord, is not to be doubted, to be a very good and legall Authority: And yet for this the law that conſtitutes this Court, of the 26 of March 1650. That no perſon after the 29 of March 1650, ſhall give or hold any Intelligence by letters, meſſages, or otherwiſe, with Charls Stewart, James Stewart, or the late Queen their mother, or the Councell abiding with any of them, prejudiciall to the Commonwealth, or with any that ſhall be in Armes againſt the Parliament of England, or ſhall bring or ſend into England, Ireland, or any Dominions of this Commonwealth, letters, meſſages, or inſtructions, tending to raiſe inſurrections or a new war within this Nation, and ſhall not forthwith reveal the ſame to the Speaker of the Parliament, or to the Councell of State, or two Members thereof, or to two Juſtices of Peace, ſhall be guilty of, &c. that is a clauſe 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 p. 89this 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.

p. 90But, 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, onelyonly 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 onelyonly 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 p. 91thing 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; and I deſire to know whether ever the Parliament did enterpoſe with him, till he did interpoſe with us. He went out of his way, my Lord, he was quiet and ſafe in as much ſecurity as any of us; and, my Lord, even thoſe that were the Watchmen for the ſafety of this Commonwealth; did watch and take as much care, even for his preſervation, as for any one of ours, and thus he hath required them. My Lord, I will repeat it; I appeal to his own conſcience, and to any of his friends here, whether ever, till his judgement and conſcience did interpoſ… in State affairs, to diſpoſe of Kingdoms and Commonwealths, whether ever … were in the leaſt interupted.

My Lord, He ſayes himſelfe, when he came to be a Lecturer in London, the Biſhop would not admit of him in three years, yet (my Lord) he is admitted here three years, and none hath interupted him▪ and your ſelfe ſay, you have a competent livelihood, and a people very loving to you, and you might have ſo continued if you would.

My Lord, His propoſalls to the Court, I do ſay, were hardly fair propoſals, for they had a little of threatning in them; For (ſayes he) if you cenſure rather upon a Politicall intereſt, then of the me… rit of the Fact, the Scripture counts it not juſtice, but murther: Truly (my Lord) I think juſtice is a politicall intereſt, the preſervation of the Generall; but ſurely I do not think the perſon will come in judgement before you, but the merit of his Fact; and as yet I may ſay, I ſuppoſe the Treaſons hee hath committed, if thoſe find him guilty, if the Court finds him guilty of thoſe facts laid to his charge, and if you are ſatisfied in your judgements, that they are proved▪ my Lord, it is Juſtice, not murder; and it is Juſtice, that which politicall intereſt requires of you, that Juſtice be done upon the Priſoner. And he is pleaſed to ſay in his laſt Defence, That he denyed the commiſſion to be ſ…nt, and entituling the Presbyterian Party to it: and he hath acknowledged it had been very high preſumption if they ſhould have done it, and a notorious falſe-hood: and in that I joyn with him; and whether he hath not done ſo (my lord) that I ſhall leave to you. That the Presbyterian name was made uſe of, you have had many concurrent evidences, and Mr. Love was preſent when theſe things were mentioned; and if it be a fault which himſelfe hath acknowledged, it is right done to the Presbyterian party, who, I am ſure will not owne him in it.

My Lord, But a word more; this laſt day he was pleaſed to mention his Sermon, which made me a little to enquire after it, it was preached at Uxbridge (my Lord, I had the honor to be at the Treaty) which hath been ſo much ſpoken of, and truly I wonder this Gentleman did not remember what he ſaid then; if you pleaſe (my Lord) I ſhall put you in mind of ſome paſſages: I have the Sermon here.

Mr. Atturney Generall reads out of the book which he ſaid was Mr. Love's Sermon.

I have ever thought that too much mercy towards Malignants, hath made more Delinquents then ever Juſtice hath done. Mercy ſhould not weigh down Juſtice (my Lord, theſe are good Inſtructions) in God they are both equall, why ſhould it not be ſo in man? Pity to the bad, hath proved cruelty to the good; the ſparing of offenders hath made many worſe, few or none better (and my Lord, we know it.) To them that have ſhewed no mercy, let judgement be ſhewed without mercy; much guilt contracted, much innocent blood ſpilt, which either muſt be avenged on us, or by us; My Lord, that is one of his clauſes, and here is another: 2. The Lord heals a land, by cutting off thoſe diſtempered members that endanger the health of a land (here is good Doctrine my lord) It was the Lord troubled Achan and cut him off, becauſe he troubled Iſrael: p. 92Oh that in this our State, Phyſitians would reſemble God, to cut off thoſe from the land who have diſtempered it; I ſuppoſe he meant, or ſhall do; that (my lord) was his opinion then: And thoſe who lie under the guilt of much innocent blood, are not meet perſons to be at peace with, till all the guilt of blood be expiated, either by the Sword of the law, or the law of the Sword; and a Peace can never be ſafe nor juſt till then. What M Love hath indeavoured ſince (my lord) I ſhall ſay nothing; and I have but one word more, and it is this, my lord, he ſayes it is not likely to have a peace with ſuch men as theſe, the malignant party, while they continue thus. We can aſſoon make fire and water agree, yea, I had almoſt ſaid, Heaven and Hell, as their ſpirits and ours; for either they muſt grow better, or we worſe, before we can agree. My lord, I thinke there is little hope of their growing better, and my lord, we have not grown worſe.

My lord, I ſhall trouble you no further, I ſhall uſe nothing of aggravation, but as juſtice is blinded, to let the evidence appear to you in pure nakedneſs.

My lord, you have heard the evidence (as I humbly conceive) in the ſame language, in the ſame habity in the ſame words as ſpoken by the Witneſſes: And (my lord) having heard thoſe, and the Lawes, and the Charge againſt him, upon the whole I ſhall humbly leave him to ſtand, or fall by your juſtice and judgement.

M. Love.

My Lord, I humbly crave leave to ſpeak but one word, M. At. Gen. hath replied to my Defence as to the matter of fact; concerning his Reply I ſhall not inſiſt upon it, yet I ſhall humbly crave leave to inſiſt upon two particulars.—

At. Gen.

If I have given any new evidence, Mr. Love ought to be heard; but (my Lord) I have declined it; and for thoſe paſſages in his Sermon, I do not urge one word of evidence againſt him, and for the reſt they are his own words which he hath ſaid the laſt day, and I have brought nothing new before you, and if the Sermon preached at Ʋxbridge ſhould be an occaſion, I ſhall caſt it aſide.

Mr. Love.

I humbly conceive there are new ſuggeſtions expreſſed in Court by thoſe worthy Gentlemen, whoſe names I know not, nor their imployments neither; but as to thoſe I ſhall humbly crave leave in a word or two; and then as to the whole matter of the depoſitions I ſhall humbly offer ſome matter of law ariſing upon the whole matter given in.—

At. Gen.

I ſhall crave leave too (my Lord) and leave it to you, for any ſuggeſtions, they are but ſuggeſtions, as Mr. Love ſayes himſelf, and that is nothing for the evidence: Mr. Love (my Lord) had the laſt day, & I ſhould have this day; had he ſaid he had any thing to ſay, or if he had had any thing more, he might have ſaid it, I did wait if he would have ſaid any thing: But (my lord) when the whole was clos'd, and no new evidence: I did not anſwer all the ſuggeſtions of M. Love the laſt day, his evidence & depoſitions wil conclude the Court, that it is not ſuggeſtions and inſinuations, the Court are above thoſe; when the evidence is clos'd for the Common-wealth, let it be concluded there: if they offer any now evidence, Mr. Love may have liberty to anſwer.

M. Love.

Though I dare not tax M. At. Gen. for diſcharging his duty in his place, yet for the preſervation of my own life. I muſt not be wanting to my ſelf, if your Lordſhip and the Court will give leave, and that is humbly to beſeech your Lordſhip to take notice, that M. At. Gen. in the relation of the matter of fact in the depoſitions is pleaſed to raiſe the correſpondency (as he is pleaſed to call it) as high as Jerſey, and ſo makes me to be Particeps criminis; that I ſhould be judged by you upon the whole matter; now Alford upon oath did declare, that Drake & Titus held correſpondency, & that the Miniſters knew, nothing of it.

At. Gen.

I do not ſay you did.

M. Love.

Therefore I beſeech you I may not be judged upon that matter; and then I beſeech your lordſhip to obſerve that M. At. Gen. is pleaſed to ſay, he would no inſiſt upon inferences nor ſtrains of wit, but truly I have diſcerned both.

L. Preſ.

You totally err from the way you ought to walk in, and take upon you to judge others. The Court will conſider whether he hath offer'd any thing or not, we have Notaries, and ſo have you; you ſpent the laſt day only in making Comments & Collections, yet that you might have ſome liberty of diſcourſe, we ſate here patiently two hours, and did hear that which we ought not, nor you ought to have ſpoken; and now you are entring the ſame way of inferences and collections, as though we did not ſit here to take notice of what was done, but we muſt receive the laſt word from you and your Comment; if you had had new matter the laſt time, you might have been heard, we expected you would have brought new witneſſes, but they were in the ſame crime with your ſelfe, and you would rather betray your ſelf, then them: and God and the Truth than them; but wee will bee as carefull of any Comments as you your ſelfe can bee: and thinke that wee have ſo much piety and charity, that wee ſit here p. 93with as good affections of Juſtice and Piety, as are in your own breſt; this book was not given as evidence againſt you, and all that is in your comments, we ſhall underſtand it.

Mr. Love.

My Lord, I have only one motion, I have ſome matters in law to offer to your lordſhip to conſider by way of exception to the Charge, and alſo to the depoſitions of the witneſſes; I have a paper that I humbly deſire might be read in Court as matter in law ariſing from the Charge, and from the depoſitions of the witneſſes.

At. Gen.

Why did you not this before?

Mr. Love.

I am ignorant of the cuſtomes of the Court.

L. Preſ.

I beleeve you have wronged your own breſt in many things you have ſaid, and you have ſaid you have been ignorant, in many things that you have known very well, it is not good to dally, you will be ignorant at one time, and at another time more knowing then others.

Mr. Love.

I beſeech your Lordſhip, it is a new ſuggeſtion of the Att. Gen. that concealment of Treaſon for a tract of time, is Treaſon.

L. Preſ.

There is no new words of ſuggeſtion; if Mr. Atturny hath not ſpoken it, not read it according to the truth, we will examine it.

Mr. Love.

He hath done it with diſadvantage to me.

L. Preſ.

If he have, he ſhall not do it with diſadvantage to us, for we will be as indifferent as your own breaſt; therefore be not you a commentator of that, we underſtand ſo well as God inlightens, for whether hee hath done it with advantage or diſadvantage, that is our part to conſider.

Mr. Love.

I deſire to have councel upon this matter of law ariſing from the evidence; that concealment of Treaſon by your Acts, ſuppoſe it be for continuance or tract of time, yet by the law it is not Treaſons: and my concell informs me, that the Act of the 26 of March, that conſtitutes this Court, gave you power to inquire into Treaſon, but could not take cogniſance of miſpriſion of Treaſon, till there was a ſubſequent Act: therefore I deſire this favour, that ſeeing it is ſo much ſuggeſted in Court, and ſeeing the witneſſes none can prove a perſonall Act of mine, to bring me under your law, as to Treaſon, I deſire my councell to clear this, that concealment of Treaſon, though for never ſo long atract of time, is not Treaſon by the law of the land.

At. Gen.

I will out Mr. Love of that ſcruple, he is not charged for miſpriſion of Treaſon, though I could have done it; but that I inſiſt upon is flat Treaſon. It is true, S. Thomas Witherington was pleaſed to expreſſe it in the way of Argument▪ that concealment of Treaſon long, comes to be Treaſon; but here are acts, and I inſiſt upon the evidence, and the Court will judg, for they have heard the evidence.

Mr. Love,

I beſeech your Lordſhip that the paper might be read, the exceptions that I have againſt the Indictment, and the matters of law ariſing from the evidence.

At. Gen.

My Lord, Truly I profeſſe, I hope I am not in my nature cruel, that I ſhould do injury to Mr. Love: but (my lord) I cannot favour him to do injury to the law of the nation. My lord, he hath one by him that hath taken every word of the charge.

M. Love.

I did plead upon your lordſhips promiſe, that I ſhould have a fair and indifferent hearing, and if matter of law did ariſe from matter of Fact, which could not, you ſaid, be known til the witneſſes were depoſed, I had your lordſhips promiſe, and I think the Courts, that I ſhould have counſel to plead to matter of law.

At. Gen.

My lord, I think here is no legiſlative power in this Court to change lawes▪ My lord, I appeal to all here, whether the evidence we gave were not cloſed upon Saturday, and all the depoſitions; whether Mr. Love did not take care and pains to make his owne De…ence, as to matter of fact, and ſpent ſo many hours on Wedneſday laſt. My lord, he had all before that, if he had matter of law, it was more proper to move then; but when he hath gone ſo far, and we have cloſed all, do but conſider the conſequence, that when this is done and all the evidences heard, then to come with matter of law!

L. Preſ.

Mr. Love, that you have ſaid hitherto is nothing but of the ſame nature of that you ſaid the laſt day, and the Court will take it into conſideration and judge of it; but if you have any thing in your paper, that is ſo included upon 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 u…to? I do not know how to do it; you had this paper in your pocket, you might have pulled … out, a…d you …ve had time in a nearer degree to it; yet the Court is willing, if you … Cou…cell, ſhortly read p. 94what 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 onelyonly 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.