Trial of the Charge of High Treason, Day 1 (1 of 2)

Trial of the Charge of High Treason · Day 1 (1 of 2)

p. 1June 20. 1651.

THe Court being ſet and called over, the Lieutenant of the Tower was commanded to bring forth his Priſoner; and Maſter Love was brought to the Bar. After the reading of divers late acts of Parliament concerning Treaſon, Maſter Prideaux, the Atturney generall for the Common-wealth ſpake as followeth:

Attur. Gen.

My Lord, you have heard ſeverall Acts of Parliament read, and the offences therein mentioned. My Lord, I have here a Charge againſt Mr. Love, the Priſoner at the Bar, and I humbly deſire that it may be read likewiſe; and you may pleaſe to take his Reply to it, whether by Confeſſion or otherwiſe.

The Clerk is commanded to reade the Charge.

The Clerk.

A Charge of high Treaſon, and other high Crimes and Offences, exhibited to the high Court of Juſtice by Edmond Prideaux, Atturney Generall for the Commonwealth of England, for and on the behalf of the Keepers of the Liberties of England, by Authority of Parliament, againſt Chriſtopher Love late of London Clerk, by him preferred and commenced againſt the ſaid Chriſtopher Love.

That is to ſay,

THat he the ſaid Chriſtopher Love, as a falſe Traytor and enemy of this Common-wealth and free State of England; and out of a trayterous and wicked deſigne, to ſtir up a new and bloody war, and to raiſe inſurrections, ſeditions, and rebellions within this Nation, did in ſeverall daies and times; that is to ſay, in the yeers of our Lord 1648, 1649, 1650, 1651. at London, and at divers other places within this Common-wealth of England, and elſewhere, (together with William Drake late of London Mercer, Henry Jermin late of London Eſquire, Henry Piercy late of London Eſquire, John Gibbons late of London Gentleman, Edward Maſſey late of London Eſquire, Richard Graves late of London Eſquire, Sylas Titus late of London Gentleman, James Bunce late of London Alderman, and other their accomplices (yet unknown) traiterouſly and maliciouſly combine, confederate, and complot, contrive and endeavour to ſtir and raiſe up forces againſt the preſent Government of this Nation, ſince the ſame hath been ſetled in a Common-wealth and free State without a King and Houſe of Lords, and for the ſubverſion and alteration of the ſame.

And the better to carry on and accompliſh their ſaid traiterous and wicked deſigne, he the ſaid Chriſtopher Love, together with the ſaid William Drake, Henry Jermin, Henry Piercy, Richard Graves, Edward Maſſey, John Gibbons, Sylas Titus, James Bunce, and others (ſince the death of Charls Stewart, late King of England, who for his notorious treaſons, and other tyrannies and murders by him committed in the late unnatural and cruel war, was, by Authority derived from Parliament, juſtly condemned to death, and executed) ſeveral daies and times in the reſpective years aforeſaid, at London aforeſaid, and at ſundry other places of this Common-wealth, and ſince this Nation was ſetled in the way of a Common-wealth or free State, as aforeſaid, did traiterouſly and maliciouſly declare, publiſh, and promote Charles Stewart, the eldeſt Son of the late King of England, to be King of England (meaning this Common-wealth) without the conſent of the people in Parliament, firſt had and ſignified by Authority and Ordinances to that purpoſe.

And further, to carry on and accompliſh their ſaid traiterous and wicked deſigne, he the ſaid Chriſtopher p. 2Love, on ſeverall daies and times in the reſpective yeers aforeſaid, at London aforeſaid, and in divers other places within this Common-wealth of England, and elſewhere, together with the ſaid William Drake, Henry Jermin, Henry Piercy, Richard Graves, Edward Maſſey, John Gibbons, Sylas Titus, James Bunch, and other their accomplices, as aforeſaid, did traiterouſly and maliciouſly invite, aid, and aſſiſt the Scots, being forraigners and ſtrangers, to invade this Common-wealth of England, and adhered to the forces of the enemy raiſed againſt the Parliament and Common-wealth aforeſaid, and Keepers of the Liberties of England aforeſaid.

And further, to carry on and accompliſh the ſaid traiterous and wicked deſign, he the ſaid Chriſtopher Love divers daies and times between the twenty ninth day of March, 1650, and the firſt day of June, 1651. at London and other places, as aforeſaid, did traiterouſly and maliciouſly give, hold, uſe and maintain correſpondence and intelligence, by Letters, Meſſages, Inſtructions, and other waies prejudiciall to this Common-wealth, with the ſaid Charles Stewart, Son of the late King, and with the late Queen his mother, and with the ſaid Henry Jermin, Henry Piercy, and divers other perſons being of councell and abiding with Charls Stewart.

And further, to carry on and accompliſh the ſaid traiterous and wicked deſign, he the ſaid Chriſtopher Love ſeverall daies and times in the reſpective yeers aforeſaid, at London aforeſaid, and divers places within this Common-wealth of England and elſewhere, as aforeſaid, did traiterouſly and maliciouſly uſe, hold, and maintain correſpondence and intelligence with divers perſons of the Scotiſh Nation; that is to ſay, with the Earls of Argile, Lowden, Lothian, and Belcharris, and with one Bayley Gentleman, and divers other perſons of the Scotiſh and other Nations, whom he the ſaid Chriſtopher Love well knew to adhere to the ſaid Scotiſh Nation in this war againſt the Parliament and Common-wealth of England.

And further, he the ſaid Chriſtopher Love, within the times, and at the places before mentioned, did traiterouſly and maliciouſly abet, aſſiſt, countenance and incourage both the Scotiſh Nation, and divers other perſons adhering to them in this war againſt the Parliament; and did ſend and convey, or cauſe to be ſent and conveyed, Monies, Arms, Ammunition, and other Supplies, to Scotland and other places, and to the ſaid Titus, Maſſey, and others in confederacy againſt this Nation, without ſpeciall leave and licenſe from the Parliament of England or Councell of State, or the Captain Generall of the Parliaments Forces.

And further, to carry on and accompliſh the ſaid traiterous and wicked practice and deſigne, he the ſaid Chriſtopher Love, within the times, and at the places before mentioned, did traiterouſly and voluntarily relieve the ſaid Sylas Titus, Edward Maſſey, Col. Bamfield, and one Maſon late of London Gentleman, and one Sterks late of London Gentleman, who then were, and yet are under the power of the Scotiſh Nation, and in Arms againſt the Parliament and Common-wealth of England, with Monies, Arms, and Ammunition. All which Treaſons, and traiterous and wicked practices and deſigns of him the ſaid Chriſtopher Love, were and are to the apparent hazard of the publick peace of this Common-wealth and free State, Parliament and people of England, and to the manifeſt breach, contempt, and violation of the Laws of the Land, and contrary to the form of divers Statutes and Acts of Parliament in ſuch caſe made and provided.

And Maſter Atturney Generall (by proteſtation, ſaving to himſelf in the behalf of the Keepers of the Liberties of England, to exhibite any other Charge againſt the ſaid Chriſtopher Love, and to reply to the Anſwer he ſhall make to the premiſes) doth for the ſaid Treaſons, on the behalf of the Keepers of the Liberties of England, impeach the ſaid Chriſtopher Love as a Traytor and publick enemy to this Common-wealth and free State of England; and doth pray, that he may be put to anſwer all and ſingular the premiſes, that ſuch proceedings, Triall, Examination, Judgement, and Execution may be thereupon had againſt him, as ſhall be agreeable to Juſtice.

The Clerk.

Chriſtopher Love, you ſtand charged on the behalf of the Keepers of the Liberties of England, by Authority of Parliament, of high Treaſon, and other high Crimes and Offences againſt the Parliament and People of England; this high Court therefore requires you to give a poſitive and direct Anſwer, whether you are guilty or not guilty of the Crimes and Treaſons laid to your charge.

Maſter Love.

My Lord, Before I plead, I humbly crave leave to expreſſe my ſelf in a few words to this Court, and afterwards to make humble Propoſals of what I deſire in order to this Trial. In the firſt place, being I am this day called to a great and weighty work, in the entrance to it I do earneſtly beg the prayers of all them that have an intereſt in God, that he would carry me through this whole Triall with ſuch gravity, godlineſſe, and meekneſſe of wiſdome, as becomes a Profeſſor and Preacher of the Goſpell; and that he would keep me in this houre of temptation, rather from ſin then from ſuffering. Sir, I am this day made a ſpectacle to God, Angels, and men, ſingled out from among my brethren to p. 3be the object of ſome mens indignation and inſultation. By my appearing in this place, I am made a grief to many that are godly, and a laughing ſtock to the wicked.— Here he was interupted by the court.

Lord Preſident of the Court.

Mr. Love. how long time do you intend to take up?

Mr. Love.

I will be brief; Sir.

L. Preſ.

We have been calling upon God to direct us and you, and all good people, that juſtice may be done; and you would glorifie God rather then man, if you would confeſſe, knowing what was done in that great ſin of Achan; there was great pains taken, and the whole Nation was fain to be examined, and their houſes divided, and at laſt when it came to Achan, you know what Joſhua ſaid to him, confeſſe and tell the truth, and glorifie God; this is that, that if you reſpect God before man, you may now clear your ſelf, and ſet forth his glory upon earth; and your next work is to plead guilty or not guilty. For we ſee that thoſe wayes you go, would take up time, and we have taken all into our thoughts before hand.

Mr. Love.

I do not deſire to protract time, but I would not lie under a prejudice.

L. Preſ.

When you go out of your way, we muſt help you; and know, if any be under a prejudice here, their prejudging is rather in mercy, then in prejudice to you.

Mr. Love.

I hope you will not be more ſevere to a Miniſter, then you were to Lieut. Col. John Lilburn. When you were at the court at Guild-hall, at the trial of Lilburne, you gave him the liberty of two houres to plead before he pleaded guilty or not guilty.

L. Preſ.

To a Miniſter, you ſay well; but I tell you, we do more to a chriſtian then to a miniſter; and we are all chriſtians, and your miniſtry is but an Office; and therefore what Mr. Lilburne had, it was the favour of the court then; but time is ſpent, and pray do not you follow that now.

M. Love.

Whereas your Lordſhip is pleaſed to urge the caſe of Achan to me, if my caſe were the ſame as Achans was, I ſhould do as Achan did, confeſſe and give glory to God; but Achans was a peculiar and extraordinary caſe, and therefore I pray it may not be laid to me. God was the informer and diſcoverer, and God did by lot diſcover Achan to be the man.

L. Preſ.

Will you plead?

M. Love.

I deſire liberty to ſpeak a word. I had not diverted my diſcourſe, but upon your Lordſhips words.

Att. Gen.

My Lord, I hope he will be ſo ingenuous, as not to be long.

L. Pr.

Take this in your way, Mr. Love, God is as preſent here, as he was in the caſe of Achan. Go on.

Mr. Love.

Sir, by my appearing in this place, I am made a grief to many that are godly, and a laughing ſtock to the wicked, and a gazing ſtock to all; yet, bleſſed be God, not a terrour to my ſelf. Sir, I am as Jeremiah was, born a man of ſtrife and contention: not actively, I ſtrive and contend with none: but paſſively, many ſtrive and contend with me; yet I truſt God will make me, as he did Jeremiah, an iron pillar and brazen wall againſt thoſe that do oppoſe me, that I ſhall not be diſmayed at ther faces, leſt I be confounded before them. Strong ſuggeſtions againſt me are generally received, and great oppoſition ſtrongly maintained, and in this condition no man dares ſtand by me; but God ſtands by me and ſtrengthens me. — Here he was interupted again.

L. Preſ.

Sir, come to the buſineſſe in hand.

M. Love.

I beſeech you, Sir, ſpare me: you gave Mr. Lilburne more time.

Att. Gen.

Ly Lord, when he ſhall come with ſuch ſpeeches, that are nothing to the buſineſſe in hand! My Lord, he inſtances in Lilburns caſe; you know that debate, it was in relation to a Narration.

M. Love.

Sir, it was the Narration of his doings and ſufferings, that he might not be miſrepreſented to the Court.

Att. Gen.

You know you are a Miniſter; and if it be your purpoſe to ſpin out time, to think to ingratiate your ſelf to the people, it will not do. My Lord, this is a Court of Juſtice that proceeds according to the eſtabliſhed Laws, and Laws that have been read to him. Mr. Love is a Miniſter, and had he applied himſelf to God as he might have done, he need not have been brought hither; if he had not gone that way he did. But my Lord, I deſire he may go on to the Charge, and give his anſwer to it. My Lord, before we have done, we ſhall have many occaſions of diſcourſe between him and I.

M. Love.

I beſeech your Lordſhip allow me that favour that you allow to every one you try, that I may not ſtand under miſrepreſentations to you, who are my Judges.

L. Preſ.

Are not we of as much credit as you? and are not we judged Miniſters as well as you, and more then you? and I tell you, that which you require, we have already done, and wiſh you as much happineſſe as to our brother; and for you to ſpend time about that which is nothing to the buſineſſe, it muſt not be ſuffered.

p. 4Att. Gen.

My Lord, let the conſtant known laws of the Common-wealth of England be obſerved, as well as other laws, of which that is one, that he ought not to ſpeak any thing, till he hath pleaded guilty or not guilty. My Lord, I deſire to take my courſe. I do not make ſpeeches againſt him, to miſrepreſent him to you, otherwiſe then he ſtands charged; and my Lord, I would not have him to cleer himſelf till he come to the triall, whether he be not accuſed juſtly. It is not my nature, but the duty of my place; and the duty of his place, as a priſoner, is to plead, and to put himſelf upon triall; that being done, there will be occaſion enough for him to plead his own innocency. My Lord, to take up two hours time in talking of that which is not materiall, ſhould not be.

M. Love.

I inſiſt upon that liberty that Mr. Lilburne had.

L. Preſ.

He did plead firſt.

M. Love.

No my Lord, he did not plead firſt; and I have much to move before I plead.

L. Preſ.

You can ſay nothing till you plead.

M. Love.

My Lord, I deſire not much time.

Att. Gen.

My Lord, let the time now inſiſted on be what time it will, Mr. Love will have time to ſpeak for himſelf, and it is ſo far from being to the point, that it is trifling; and this rather makes him ſeem guilty, then it gives him any acquittance.

M. Love.

Prove me guilty firſt Sir. Sir, do not prejudge me.

Then command was given to reade his Arraignment.

The Clerk.

Chriſtopher Love, you ſtand charged on the behalf of the Keepers of the Liberties of England, by Authority of Parliament, of high Treaſon, and other high Crimes and Offences againſt the Parliament and People of England; this high Court therefore requires you to give a poſitive and direct anſwer, whether you are guilty or not guilty of the Crimes and Treaſons laid to your charge.

M. Love.

I refuſe not to plead, but I beſeech you give me leave to ſpeak before I anſwer.

Mr. Love having a paper in his hand, the Judge ſaid:

L. Preſ.

How many leaves is it?

M. Love.

But two or three; and if this Court be more ſtrict and ſevere to me, then that was to Mr. Lilburne, I cannot help it. What I ſhall ſay, ſhall be ſomething in generall, and I beſeech you give me leave to ſpeak to it.

Att. Gen.

Sir, not before you plead.

M. Love.

Yet I have this liberty, that when matter of law ariſeth in the Indictment, to make a motion, and to move for counſel, and to ſhew the illegality of it; and though I confeſſe I am extreamly ignorant of the Law, yet I underſtand, that after I have pleaded, I am not capable of counſell.

L. Preſ.

You are miſtaken, Maſter Love.

M. Love.

I ſuppoſe I am not miſtaken: For in the third part of Judge Cooks Inſtitutes, I finde it thus: The priſoner, when he pleads not guilty, whereby he denies the fact, after the plea of not guilty, can have no counſell; but if he have any matter of Law to plead before, he may urge it.

L. Preſ.

He pleads he is ignorant of the Law, and yet can make uſe of it.

M. Love.

I am to plead for my life, and I am to uſe Scripture, Law, and any other lawfull means to ſave my life. Paul did plead the Roman Law.

L. Preſ.

Some of us know as much of Paul and Scripture as you do.

M. Love.

Sir, I make no compariſons. Then Mr. Love reads out of Judge Cooks Inſtitutes. The ſafeſt way for the party indicted, is to plead upon his arraignment the ſpeciall matter for the overthrow of the Indictment: And this muſt be done before I plead, and to require counſell for the pleading thereof, which ought to be granted, and to require a copy of ſo much of the Indictment, which is neceſſary for framing his plea, which ought to be granted; and theſe laws ought to be conſtrued favourably, for that the Indictment is commonly found in the abſence of the party.

L. Preſ.

But your Indictment is in you… preſence. You are out of your way.

M. Love.

Sir, you bring me out of my way.

L. Preſ.

Your Indictment is not yet found, there is nothing done behinde your back, onelyonly the reading of this; but that is nothing but a written parchment, till you plead unto it.

M. Love.

I have ſomething to except againſt the legallity of this Indictment.

L. Preſ.

Go on then.

M. Love.

Sir, the firſt motion I ſhall make, is for counſell to adviſe in matters of Law relating to this Triall; and as I do gather from hearing the Indictment, there are ſeverall matters of law that do ariſe, in which I deſire to have counſell aſſigned me; and the firſt is, whether the Act by which this Court is p. 5conſtituted, of the 26 March, 1650. that forbids receiving or ſending Letters or Meſſages to or from England or Ireland, do inable you to receive a charge againſt me concerning Letters to or from Scotland, Scotland not being mentioned in that Act by which you are conſtituted; therefore ſeeing this is matter of law, I deſire I might have counſel to adviſe with about it.

Att. Gen.

Mr. Love then doth admit that he hath received and ſent letters to Scotland.

M. Love.

I admit nothing, Sir, you charge me with it, but I do not grant it.

Att. Gen.

Then you will give us leave to prove it. If he will admit that he hath ſent and received letters from Scotland, and ſo demur that it is not in your power, I will joyne with him. But my Lord, there was a particular Act read, that doth relate particularly to Scotland; and that this court hath cognizance of that Act, was read before hand, but Mr. Love did not obſerve what was read to him; and it is ſo far in favour of juſtice to him, that you read him the laws and clauſes upon which he ſtands impeached, and that there is a law againſt ſending to Scotland. But my Lord, theſe debates are lingring of time; if a man will demand counſel, he admits the fact, that the fact is true; but being true, he ought not to be condemned upon it: if ſo, I will joyne with him. But if he plead not guilty, I ſhall be ready to prove it.

M. Love.

I beſeech you Sir, I do apprehend there is another matter of law ariſeth, and that is from the Act of the 26 Maerch, 1650. there is a prohibition of ſending letters or meſſages to any in arms againſt the Parliament; now I am charged with ſending and writing letters into Scotland: now it doth not appear to me, that Scotland was in arms againſt the Parliament of England, but for their own preſervation. Therefore I deſire counſel in this, Whether I that am accuſed of writing and ſending into Scotland, am therefore accuſed of writing and ſending to thoſe who are in arms againſt the Parliament of England; or whether they were in arms for the preſervation of Scotland, or in oppoſition to the Parliament of England.

Att. Gen.

If you will admit ſtill, that you have ſent or received from Scotland, then I readily grant it.

M. Love.

I will admit of nothing; I have ſo much of a chriſtian in me, that I will deny nothing that is proved to be true, and ſo much of an Engliſhman, that I will admit of nothing that is ſeemingly criminall.

L. Preſ.

You are a chriſtian, and you are here in the preſence of God as Achan was.

M. Love.

If it be proved againſt me.

L. Preſ.

Then your denial of it will be a high tranſgreſſion againſt God.

M. Love.

I could urge the caſe of Jeſus Chriſt, who when he was accuſed before a Judicatory, anſwered not a word.

L. Preſ.

You are out.

M. Love.

When Chriſt was accuſed in a civil buſineſſe, to be a mover of ſedition (as now I am) they asked him whether he was King of the Jews, and he anſwered them not a word. But this is that I doubt, whether there be not matters of law ariſing from the charge read againſt me, and that in reſpect of the time of the Act of the 26 March, 1650. which gives power to you to determine ſeverall crimes, and to proceed to the trial of the offendor. And Sir, it is alſo to me doubtfull, whether this be not matter of law, viz. whether this trial ought not to be by a Jury of twelve of the neighbourhood, or whether in any different way from it; and I doubt it upon this ground, your Lordſhip having given me this hint; for I was preſent at the trial of Mr. Lilburne, and the formality of the law tied him to plead to this, that he muſt be tried by God and his Country. He refuſed it, and your Lordſhip urged it upon him, that he might ſafely plead it by God, becauſe God was in all Judicatories; and by his Country, becauſe, ſaid you, by Country is meant the Jury of a mans equals. And this is a trial according to the law of the Land. Now if you have declared that in Guild-Hall, I beſeech your Lordſhip inform me, whether a different way from this of a Jury of the neighbourhood be according to law in Weſtminſter Hall.

L. Preſ,

You ſhall be informed. That was a trial by the law, as it then ſtood; theſe now are all upon Acts of Parliament and Laws of the Land, that are of as high a nature as they: thoſe are ancient Laws, and theſe are Statutes lately made, and of an extraordinary nature, and were made to meet with ſuch perſons as you, that have done ſuch things as you have done. And now for your Neighbourhood, I hope you have twenty or forty Neighbours that are within the equity of that Law.

p. 6Mr. Love.

If they be a Jury, I have power to except againſt 35. of them.

Att. Gen.

My Lord, he pretends Mr. Lilburns Triall, but when you come to hear the evidence, you ſhall hear what he was doing then; he was preparing himſelf then in his buſineſſe; he thought his time might come; and I am informed, that ſince he hath been in the Tower, Lilburn hath been his counſel.

M. Love.

Mr. Prideaux, Sir, you are no God, to know my thoughts.

Att. Gen.

I did ſay this from his own expreſſion, he was a diligent obſerver there, that he might know what was done there, that ſo he might prepare himſelf.

M. Love.

Sir, you did declare this after the change and abolition of a King and Houſe of Lords, that a Triall by a Jury of twelve of the neighbourhood was according to Law; and you urged Maſter Lilburne with this, that he might plead, and do no harm unto himſelf. And not onelyonly ſo, but the Houſe alſo declared, That ſince the change of Government, they would never alter that way of triall; and upon the ninth of February, 1648. they did declare, That though they thought fit to aboliſh the Kingly Office, and the Houſe of Lords, yet they reſolved they would ſtill retain and preſerve the fundamentall Laws of the Nation, for and concerning the preſervation of the liberties, lives, and eſtates of the people. Now Sir, they declaring they would never alter this way of triall, and you declaring this way of triall by Juries, to be according to the fundamentall Laws of the Land, I beſeech you give me the reaſon why it is denied to me.

Att. Gen.

My Lord, it is very unuſuall for a priſoner to debate with the court. Here he is to be controuled. Let him know he is a priſoner, upon the triall of his life, before that court that hath been impowred by the Parliament, they who did never binde their own hands: I muſt ſay, my Lord, they cannot binde their own hands. And it is this triall that they have thought fit to give him. And for his excepting againſt thirty five, then you will hardly be a court left. My Lord, I think if he look upon the court, he will finde no enemies here, knowing them to be of his neighbourhood, and moſt of them of London; and I think, he known to them, and they to him, the moſt of them. But my Lord, theſe diſputes are not allowed to others; and the Gentleman will (I hope) have ſo much modeſty at laſt, that he will think he hath ſaid a little too much to the court; and I think, it is not good to provoke too far. And my Lord, he hath ſaid much, and you have given him faire anſwers, and thoſe that are cleare and undeniable. But if he ſpeak of the juriſdiction of the court, and that he will not plead, let him ſpeak in plain Engliſh, and he ſhall hear me in plain Engliſh.

M. Love.

Although I am not ſatisfied as to the foundation and originall of this court, yet I refuſe not a triall, hoping that tenderneſſe of conſcience will appear in you, and clearneſſe in me, and weakneſſe of proof againſt me. Upon this, I do not refuſe a triall, but I will plead, if I may have that which the Law allows me. And according to my weak meaſure and unskilfulneſſe in the Law, upon the charge read againſt me, I do apprehend there may be ſome things objected againſt the legality of the Indictment, and many things to take it off, both for matter of time, and form, and other things, by a lawyer. Therefore I intreat I may have counſell to be with me, both in my chamber, and here in the court, and then I will plead.

Att. Gen.

I am not here to make a bargain: but this I will ſay to him, he hath had ſo much tenderneſſe and reſpect, as few men more. He hath had notice of his triall above a fortnight; and my Lord, he hath not been denied counſell.

M. Love.

I could do nothing in order to my triall, becauſe I have ſent for counſell, and they would not come neer me, becauſe they were not aſſigned by this court; and my ſtudies being another way, and being unskilfull in the Law, therefore I could do nothing in preparation to my triall: Therefore I pray do not deſtroy me in a hurry: The more faire the triall is, the more juſt you will be, and I the more guilty if it be proved againſt me.

Att. Gen.

I appeal to Maſter Love, whether or no it was not denied to Lilburne; and there is none that hears him, but ſees he hath prepared himſelf, and peruſed ſeverall Acts whereupon he is impeached. But theſe are diſcourſes (my Lord) which if he will put too nigh upon the court, that we ſhould diſpute: we cannot force words from him.

M. Love.

Mr. Prideaux is pleaſed to urge Mr. Lilburne, but I have more matter of Law ariſing from the charge then he had, and have not that triall by way of a Jury as he had; and there are many things in the charge ſaid to be done before the Act of the 29 March, 1650. which gives you cognizance onelyonly of things done from that time; ſo that many things there are, in which counſell would adviſe me; therefore I beſeech you deny me not that right and juſt favour.

p. 7L. Preſ.

You do not breathe the ſame aire nor the ſame breath, for it comes from you both yea and nay: for you ſay you are ignorant, and yet will not be informed by any thing that can be ſaid, and ſo your ignorance is wilfull. But in this caſe I am ſure, what Law ſoever you can plead, yet there be ſome Acts and matters you have denied.

M. Love.

I have urged matter of law ariſing out of the charge, from the 29 of March, 1650. There was no Act then, that I know of, that did prohibite the ſending of Letters or Meſſages to or from Scotland; and I am indicted for Letters or Meſſages ſent to, and received from Scotland, before that time.

Att. Gen.

I would fain give you ſatisfaction: do not caſt away your ſelf. My Lord, we do uſe in law to lay it ſo for the fact, we cannot tell what the proof will be, whether the proof will be within this three moneths or ten moneths; and it is laid in relation to other offences.

Mr. Love.

I have here the Letters of ſeverall Counſellors, and they returne to me their denial; if I could have got their counſell, I would: And yet if I had had it, I could not tell what they ſhould have adviſed me in, not having a copy of my charge.

L Preſ.

If you had deſired a copy of your charge, you might have had it. You muſt know you are before thoſe that have law and conſcience, and that are bound to be of counſell for you, and that is the court, and it is their duty to ſee that whatſoever the law of England allows you to have, that that you ſhould have; but you muſt have it in a due and proper time and manner of law appointed. You are not now for the preſent where Lilburn was, nor before ſuch a court; he was before a Commiſſion of Oyer and Terminer, who are to proceed according to thoſe Laws, and upon that the Commiſſion directs, and that is by that which the known and fundamentall laws of England direct unto: but this is not in all particulars the like; the Jury there hath a large latitude, who proceed by way of grand Jury and petty Jury, which are both included in this court: ſo that in all things the proceedings upon that are not as upon this: but thus far the proceedings are alike; you have your charge, and you are to plead to it, for that is the firſt thing to be done; there is nothing can anſwer your charge, but whether you be guilty or not guilty: if you plead not guilty, then the evidence will be called, and if then any matter of law ariſeth upon the evidence, it is the uſuall courſe to aſſigne you counſell, and to be counſell for you, and to tell you it is law to have counſell; but for you to demand counſell, and firſt to have counſel aſſigned you, it is againſt that form and legality that the law of England appoints; for till you put your ſelf upon trial, we cannot allow you counſel to the trial; ſo that you muſt plead, and it is our duty to tell you ſo: and it is the duty of this court, to be as careful when you have put your ſelf upon trial, that all the benefit of the law may be afforded you; therefore you need not fear it, for if any of theſe things ariſe you now fear upon the evidence, then will be your time and our time to ſtand upon this you now do, touching matter of law; but in the mean time, in truth that which we are to tell you, and which we are bound in juſtice and conſcience to let you know, is this, that you are out of your way; and therefore do not deſtroy your ſelf: for if you refuſe to plead, there is nothing then but a plain downright judgement.

M. Love.

In ordinary courts of Judicatory the Judges do counſel for the priſoner; but you are here Judges not onelyonly in matter of law, but of matter of fact alſo, and therefore I cannot adviſe with you: for ſhould I confeſſe any thing, then it ariſeth out of my own mouth, and you will condemn me upon it; ſeeing therefore both lie in you, both matter of law and matter of fact, I beſeech you afford me counſel, and let me have a copy of my charge, and Solicitors, that they may be here with me in court, and then I ſhall willingly plead.

Att. Gen.

This cannot be done, nor ever was done, to have counſel aſſigned until upon matter of fact ſomething did appeare; and for the copy of the charge, it was never demanded I think before; and it is in vain for us to ſpeake, if the Gentleman do refuſe to plead; I ſhall then preſſe you for juſtice.

M. Love.

I do not refuſe to plead; but yet I ſhould be guilty of my own bloud, ſhould I not plead for that juſt and neceſſary means for the preſervation of my life: through my ignorance I may run my ſelf into hazard and danger; therefore I beſeech you deny me not that juſt favour.

A lawyer a member of the Court.

Mr. Love, you are not prodigal, you ſay, of your bloud, nor are we I hope, prodigal of your bloud; we are to anſwer for all, therefore I pray let me beg thus much of you: if you plead not guilty to the charge, then there is a proceeding to be by Maſter Atturney, to prove you guilty of it; and if by any evidence that he ſhall produce, or in any thing that ſhall fall out from your p. 8ſelf, in anſwer to the evidence, there ſhall ariſe matter of law, truſt us, I pray you, we do promiſe you that we will give you the benefit of the law in it; and when there comes matter of law to be decided, which we are perſwaded is matter of law, then you ſhall have counſel aſſigned you; but there is no counſel to be allowed till the priſoner deſire it, and ſhew matter of law, for which he deſires it.

Another lawyer of the Court.

The main thing you ſtand upon, Mr. Love, is this, that there is no mention made in any Act, that this court can take cognizance of ſending to, or receiving from Scotland, but therein you are miſtaken; for the buſineſſe of holding correſpondency with Scotland, is in expreſſe words appointed to be under the juriſdiction of this court, therefore I think you are utterly miſtaken in that. Then Sir, for counſel, if there comes any thing in the world that is legal, and is a fit thing counſel ſhould be heard in, I think I may promiſe it, we will not make our ſelves ſo far guilty of your bloud, as to deny you that juſtice that belongs to any man; for it is your juſt right to have it, and we cannot deny it, when a point of law ariſeth. And you do not urge matter of law; onelyonly you queſtion the juriſdiction of the court, and we muſt overrule you in that, for we are not to diſpute the power of the court; for if the Parliament give us juriſdiction, and by a ſpeciall Act appoints, that the buſineſſe of holding correſpondency with Scotland ſhould be within the cognizance of this court, we muſt obey, and not diſpute.

M, Love.

I ſuppoſe, Sir, a man may demur concerning the juriſdiction of a court to one point, as if he be accuſed for treaſon at the common pleas, he may demur to the juriſdiction of that court in that: ſo Sir, I apprehend there are ſome things read againſt me in the charge, of which this court cannot take cognizance; for that they are ſaid to be done before the Act for the conſtituting of this court came forth: ſo that I may demur to the juriſdiction of the court in that particular.

L. Preſ.

For you to anticipate your evidence before we come to it … we do not tye you to the charge, but to the proof, and we muſt apply our ſelves to the proof, and not to the charge.

Att. Gen.

And for the buſineſſe of Scotland, which troubles him much, it is expreſt in this very Act, that the ſame offences are to be inquired, tried, and judged by the high Court of Juſtice, in ſuch manner and form, as other offences are to be tried, in expreſſe termes.

M. Love.

But there is no time mentioned: for there are two Acts, wherein if the priſoner be not indicted within a yeer, then the fact ſhall not be proſecuted. Therefore I muſt demur to the charge, as not legal in matter of form. There are two Acts declaring what offences ſhall be treaſon, wherein it is ſaid in thoſe two Acts, That if the party be not indicted within a yeer, he ſhall not be indicted at all. Now the Indictment that is againſt me, looks back to things that are pretended to have been done by me in 1648. and 1649. And ſo according to thoſe two Acts, I am not to be queſtioned for them, it being above a yeer before I was indicted.

L. Preſ.

How is it poſſible that this comes to be an exception untill you heare the evidence? if you heare the evidence, and do finde that the witneſſe do ſpeak to this not within the time of the limitation, then is your exception proper; but no counſel can divine what time they can give evidence for.

M. Love.

Sir, I am now to look to the charge of treaſon read againſt me, and not to the evidence; and in the charge I am indicted for thoſe things, for which I apprehend I ought not to be indicted. For according to thoſe two Acts, I ought not to have been indicted for things pretended to have been done by me ſo long ago: and this I apprehend to be matter of law. And for the witneſſes, let them ſpeek to what time they will, yet this I am ſure, they cannot prove that I was indicted within a yeer for thoſe things that are charged upon me to be done in 1648. and 1649. for that were to prove an impoſſibility: ſo that it appears to me, I am indicted for thoſe things for which I ought not to be indicted.

L. Preſ.

It may be ſo; and if ſo, thoſe things will fall off of themſelves; there may be ſome things true, and ſome things not true; and the counſel may faile in proof of ſome of them, and you may clear your ſelf; yet this cannot be before the pleading. When you come to plead, if the matter be not proved againſt you, and within the time limited, it will fall off of it ſelf without any words at all; and all this time is loſt to all this Auditory, and no counſel can give you advice in this.

M. Love.

I ſtill ſay, I do not refuſe to plead, but if you would afford me counſel, I ſhould thinke my life in a great deal leſſe danger. For I do not know, whether I may not, by the adviſe of counſel, confeſſe ſome part of the indictment; whether I may not demur in law upon ſome part, or a great part of the indictment, which I have done already; As that I am charged for treaſon for thoſe things that are not within your cognizance or power, as I apprehend, and things done before your Acts; and for ſuch things, that if I had done them, I muſt have been indicted for them within a yeer, or elſe not at all; and theſe I deem legal exceptions.

p. 9Member of the Court.

My Lord, he is very ignorant of the law; for the fact muſt be put in queſtion before matter of law can ariſe; for if the fact be one way, then the law fals out that way; if the fact be falſe, then another way. Now if Mr. Love bring in any of theſe exceptions for matter of fact upon proof, wheth…r he ſent letters into Scotland, or in ſuch a time, whether that be any offence, that will all ariſe after the matter of fact proves true or falſe: But before that, under favour, none can ſpeak to any thing againſt an Indictment, unleſſe he ſpeak againſt the juriſdiction of the court. And then for other maters, they are ſaved unto him. And you will, I ſuppoſe, admit of counſel in matter of law; but his deſire cannot be granted unto him until he plead, and until the matter of fact be ſome way determined.

M. Love.

I beſeech you acquaint me then with the meaning of theſe words in Judge Cooks Inſtitutes, The priſoner at the bar may have counſel to overthrow the Indictment. It muſt be either to overthrow a part of the Indictment, or to help the plea, either to plead not guilty in part, or to demur in part. Let me hear then, I beſeech you, what is the meaning of thoſe words, That the priſoner at the bar may have counſel to overthrow the Indictment. I cannot overthrow the Indictment when I plead; for then witneſſe comes in againſt me.

Att. Gen.

He may overthrow the Indictment by the witneſſe; and I believe he is convinced, that the court hath juriſdiction in as full and expreſſe terms as law and authority can give them. And for the next, I may ſay, your Lordſhip and the court did never allow a counſel to pick holes and finde faults. But if he object that to you that is juſt and probable, and that which is dubious and doubtful, and fit to be debated in law, Aſſigne him counſel. You have heard all his particular exceptions, and given your judgement upon them all. But I hope, he doth not here expect to have lectures of law read him, and to make him underſtand them. But as to thoſe particular exceptions that he hath made to you, I think ſome ſatiſfaction is given, and that every man is ſatisfied, and that there is no colour of doubt there; for matter of fact, and the times that he inſiſts upon. For the Act directing what offences are treaſon, and not to be arraigned unleſſe they be proſecuted within a yeer, I muſt tell him, the impeachment is laid from 1648 to 1651. Yet my Lord, I ſhall make it appear, that the Indictment doth look backward to ſome offences, and forward to others; it is laid firſt in general. He committed ſuch and ſuch treaſons and offences in ſuch and ſuch years. And I ſhall come with the evidence, and apply them to ſuch times that are within your power, and in which the law makes them offences: And this is to be debated then, and not to be once ſpoken of now. My Lord, I ſhall begin from 1648. and run on with him, that he hath continued in a treaſonable diſpoſition, and in treaſonable plottings, to the time he was laid up, and ſince; and will juſtifie all; and therefore it behoves him to inſiſt upon it. And I will make it appear, that he was one of the firſt that ever did appear againſt this Common-wealth in plotting; and he did continue ſo until the time of his reſtraint, and after that time.

M. Love.

Sir, you are no witneſſe; if you be a witneſſe, come and ſwear.

Att. Gen.

I will uſe you with all the duty of my place; and if you give me not occaſion, I ſhall not do otherwiſe.

M. Love.

I ſhall give you no occaſion.

L. Preſ.

This will make all that heare him, to thinke that this is the very beſt of his caſe; as we know it is.

M. Love.

Sir, although I do not come here to have the law expounded to me, yet I do come here to have the benefit of the law; and if the law allows me this benefit (I being unskilful) that if I can finde in the charge matter of law ariſing, then to have counſel to adviſe me, and to overthrow the Indictment; Why ſhould I be denied this benefit? And I do not yet, according to my underſtanding, ſee that you afford me the benefit of the law, you not granting me counſel to adviſe me to overthrow the Indictment.

One of the Court.

Mr. Love, if it were poſſible, I deſire you might have ſatisfaction, for this that you deſire is very juſt; and when it comes to its proper time, then you ſhall have it: But do not by diſorderly demanding of it out of your time, loſe the benefit you might have of it when it comes to your time. That which you ſtand upon, and call law, is not matter of law; nor can you call it law, till you hear what the fact is. For can any man judge what is matter of law, till he know the matter of fact; as it hath been told you well, that the law ariſeth out of the fact; … that if you will anticipate the evidence and the proof of the fact, by urging this matter of law … did heare read in the charge, you will do your ſelfe wrong, and you are miſtaken in it: For there is no matter of law appears there, for it is barely, Thus you have done. And if you ſay this is Law, you exclude all the Witneſſes. p. 10Whether you have done it or no, we cannot tell; and if you have done it, whether contrary to law or no, we cannot tell, becauſe we muſt apply the witneſſe to the Acts of Parliament that authorizeth us to ſit here; and if we finde that the doubt grows upon what the witneſſes ſay, and upon what the law ſaith, then doth matter of law ariſe, and then it is time for you to ſay, it appears not by this witneſſe, that it is within the Act. I do the rather ſpeak this, becauſe we do extreamly deſi…e you ſhould receive ſatisfaction, for I would not have any here have any thing put upon him, that may not appear juſt and according to law; and none can ever ſay that a man had counſel aſſigned him before he pleaded here.

L. Preſ.

It is now the Seſſions at Newgate, and there may be many priſoners, and if every priſoner ſhould take the liberty to plead matter of law, and ſay, I am no Lawyer, let me have counſel aſſigned me, and I will anſwer, when ſhould we have any man anſwer? when would men be executed for robbing, and ſtealing, and killing?

M Love.

That court is different from this, you here are Judges both of law and fact, there the Judges judge of law, and the Jury of matter of fact. But Sir, ſatisfie me in this, if there be any thing in law before pleading to overthrow the indictment (as I perceive by Judge Cook there is, and to which I have received no ſatisfactory anſwer) let me have that legal benefit to overthrow the charge. I have ſaid what I can: but if I had counſel here, they could ſay a hundred times more.

L. Preſ.

You have heard no body but your ſelf, for whatſoever hath been told you by the court and your friends about you, hath not been hearkened unto. We have ſpent thus much time, and people are weak, and if you will plead, do. Reade his charge once again; and I tell you, the next is judgement.

The Clerk.

Chriſtopher Love, you ſtand charged on the behalf of the Keepers of the Liberties of England, by Authority of Parliament, of high Treaſon, and of other high crimes and offences againſt the Parliament and People of England; this high Court therefore requires you to give a poſitive and direct Anſwer, whether you are guilty or not guilty of the Crimes and Treaſons laid to your charge.

M. Love.

I am not ſatisfied, but that matter of law doth ariſe from this charge; and I do earneſtly preſſe I may have counſel, and then I will plead.

Att. Gen.

I do as earneſtly preſſe, that you would as poſitively ſay, that you cannot allow him counſel till he hath pleaded.

M. Love.

I now ſee Mr. Attorneys words to be true. When he came to me to the Tower and examined me, the 16 of this month, he ſaid, That ſeeing I would not acknowledge (as he called them) my treaſons, I was judged peremptory and obſtinate; and I remember he ſaid theſe words to me, Mr. Love, Though you are too hard for me in the Pulpit, yet I will be too hard for you at the Bar; and truly now I finde it ſo; and it is an eaſie matter for a Lawyer, armed with Law and Power, to be too hard for a poor naked Scholar, that hath neither Law nor Power.

L. Preſ.

Doth this do any good to you? if it were ſo that you are too hard for him (for you are too hard for every man in the pulpit;) yet you ſometimes are ſo out, and in that you are controulable. If Maſter Attorney be too hard for you here, let him be too hard for you; but it is the Court that are to deale with you here: we will not do it becauſe of his ſaying, but you muſt think that the court will be led by their evidence, and not by Mr. Attorney.

M. Love.

You gave this favour to Maſter Lilburne, and I do not deny to plead: but I am not prodigal of my bloud, therefore I crave counſel.

L. Preſ.

I do not know what to ſay more to give you ſatisfaction, then what I have ſaid; you ſay you do not deny to plead, and yet you do not plead; you ſay Mr. Attorney is too ſtrong for you; but you know it is not he, but the evidence may be too ſtrong for you. And do not you think that you have ſuch Judges, as will let you receive any prejudice. Mr. Love, you are a Miniſter, I pray ſhew forth the ſpirit of a Miniſter of Jeſus Chriſt; carry your ſelf ſo, as that you may not either wrong your ſelf or the court. I would have you behave your ſelf without recriminating. You ſpeak of Mr. Attorney, as if he could be too hard for you, as if we were all of his ſide, be it right or wrong: Know, that we are men of conſcience, and have ſouls to ſave as well as you.

Mr. Love.

The charge is long, and I never heard of it before, nor knew of it before.

One of the Court.

We give you our faith and credit, that if any matter of law ariſeth, we will not make our ſelves guilty of your blood, but we will allow you counſel; your ſelf hath read a book in the court, that ſhews the court cannot allow you counſel till you plead.

L. Preſ.

Did you ever conſult with the Lieut. of the Tower? what, will you caſt away your ſelf?

p. 11Col. Weſt Lieut. of the Tower.

I could, My Lord, adviſe him no more then what I knew, and that was the time of your ſitting.

M. Love.

I hope you will not in a hurry ſpill my blood.

Lieut. of the Tower.

Since Saturday was ſeven night he was not reſtrained.

L. Preſ.

Your Profeſſion goes much in profeſſion; but when it is abuſed, it is the higheſt tranſgreſſion; you would evade things with mental reſervations, and ſay and unſay at the Bar, as high as any Jeſuite can do.

M. Love.

I will not lye for my life; you may ſay what you pleaſe, and do what you pleaſe▪ I ſpeak before God and this Audience.

L. Preſ.

Mr. Love, know that we are here in as ſacred a poſture as you are in the higheſt place of your calling, and if we do not know that God is here preſent, we are the miſerableſt creatures in the world; and therefore if your office and ours do not make us know that we are in the preſence of God and Jeſus Chriſt, it will be but ill for us; and yet you hurry out, that it ſhould be ſuch a terrible thing in you, more then in us. You have ſpoken many words as a ſhadow in the aire, there is nothing materiall in them, but the ſtrength of your will againſt the judgement of the court.

M. Love.

If I do plead to the charge, I do allow the matter and form of the charge to be legal. I deſire to have counſel to come to my chamber; I do not ſay, to come to this place, but to have liberty for them to come to my chamber.

Mr. Steele Recorder of London.

I did not think to have ſpoken, nor have I uſually ſpoken in this court, yet I will ſpeak a word out of tenderneſſe to your ſelf. You have very often inſiſted upon it, that you ſhould have counſel aſſigned before you plead, that is it you plead for: truly the courſe of law is this, That if the priſoner charged at the bar, before he plead ſhall demand counſel, he muſt of neceſſity put in ſome ſpecial plea before the time he can demand counſel. The court doth not inforce you to plead guilty or not guilty to all the matter of fact, but they ſay, of neceſſity you muſt plead. If you put in a ſpecial plea, and tell them that it is a ſpecial plea, and deſire counſel upon it, they will conſider it: but till you can declare what that ſpecial plea is, for there is a general plea, and a ſpecial plea; the general plea is, not guilty, the ſpecial plea is in ſome particulars. Now for you to alleadge neither the ſpecial plea nor the general plea, it is impoſſible that counſel can be aſſigned you. And whereas you ſay you are concluded if you plead, and cannot object againſt the indictment afterwards; no Sir, I tell you in the name of a Chriſtian, and one that knows a little of the law, that all the objections you have againſt the indictment, the formality of it, and thoſe things you ſpeak of, as that of your fact not being committed in ſuch a time that the Act holds out, that the high court hath no relation to try you for Scotland; all theſe will be ſaved to you, if they ariſe upon matter of fact from the evidence. True, if you make an objection againſt the juriſdiction of the court, that hath no relation either to the ſpecial plea or general plea, it cannot be. It is impoſſible an objection ſhould be received againſt the eſſence of the court, there is none can poſſibly over-rule that for you, but themſelves; it is ſuch a thing, that no counſel can be aſſigned you, as to that, becauſe it ſtrikes at the very being of the court. Now therefore I beſeech you in the name of a chriſtian, that you will not do your ſelf that prejudice, for nature teacheth every man to preſerve himſelf by all juſt wayes and means; and I do believe that in this buſineſſe you have apprehended it for your preſervation, and that you are loth to do any thing that tends to your deſtruction; but you may ſatisfie your conſcience, in that you have done what you can. And when you have pleaded, and uſed all the arguments you can, and have heard the judgement of the court in it, you may ſatisfie your conſcience, that in the words of honeſt men (unleſſe it be the juriſdiction of the court, though you have tacitely ſpoken there) you ſhall have that right and priviledge which the law allows you. I confeſſ…, I never ſpake here before, and it is a rule amongſt us, that none but the Preſident ſhould ſpeak, and we have done more to you, then to the greateſt perſon that ever ſpake here, becauſe we think ſome neceſſity lies upon us towards you (in regard of your calling, and the worth that hath appeared in you) to direct you what you have to do.

M. Love.

Sir, a man may demur touching the juriſdiction of any court, if he can ſhew any thing in the indictment that the court cannot take cognizance of, which he is charged with; though he do not demur ſimply as to their juriſdiction in general, yet as to that particular he may demur; as a man may demur in Chancery, when a cauſe is onelyonly triable at the common law.

L. Preſ.

You muſt know, that he that ſpeaks againſt the juriſdiction of the court, ſpeaks againſt the juriſdiction of the Parliament of England.

p. 12Mr. Steel Recorder of London.

Mr. Love, to help your underſtanding, I did not ſay that Mr. Love did expreſly ſpeak againſt the power of the Court, as if they had no power to try him; but this he ſeemed to ſay; That what he hath offered againſt the juriſdiction of the Court, in any thing he is queſtioned for, if he have not counſell for it before, he cannot have it afterwards. Now if the queſtion you offer be a mixt doubt, for your objection is mixt; for you ſay, the Court hath no power to try the facts, whereof you are indicted; now is it poſſible the Court can judge of that, or know there is matter of law ariſeth out of it, till the fact appear out of the mouths of the witneſſes? it may be the fact will not be proved, then there wil be no matter of law ariſing; if the fact be proved that it was done at ſuch a time, before the act was made, when that appears to them, the Court then will ſtrike it off, you ſhall not need counſell, then we ſhall not regard it: if upon the fact any other doubt ariſeth in relation to Scotland (for it muſt be from two witneſſes, your doubting being mixed with matter of fact) we ſhal then be able to judge of it.

Mr. Love.

Sir, if any crime be laid to my charge, that ought not to be laid, and that this Court can take no cognizance of, I ſhould have counſell in it.

L. Preſ.

We have ſpoken more to you then became us, perchance, and that from tenderneſſe to you; and if nothing can give you ſatisfaction, but over and over with the ſame things again, we can but ſpeak our conſciences and leave it to your ſelf.

Mr. Love.

I do declare, I do ſubmit to the tryall, and am willing to do it; but it behoves me to uſe all juſt means for the preſervation of my life; if you will, give me but a dayes time to conſult with counſell.

L. Preſ.

That is in your learning ſufficient to ſay, you will do it, and yet do not do it; becauſe I ſay, I will ſubmit, therefore I do ſubmit; this is no obedience at all. I know no ſuch Logick as this; it is ſubmitting that muſt do it; you will ſubmit, but you will not act; pray M. Love, be ſo charitable as to take us to be Chriſtians.

Mr. Love.

What prejudice Sir, can it be to this Court, being I have not ſpoken with any Lawyer, to give me but a days time? I will deſire no more.

Att. Gen.

I would faine know, why may not the next priſoner ſay, you have done ſo in Mr. Love's caſe?

Mr. Love.

You have accepted of ſpeciall pleas, you did it in the caſe of Sir John Stowel; and if I through my ignorance in law, cannot urge the ſtrength of law, and a ſpeciall plea, as otherwiſe I might do, I beſeech you let me not be prejudiced by it.

L. Preſ.

Sir John Stowel inſiſted upon ſpeciall matter he had to plead, and that was, the Articles of Exeter: but he did firſt plead to the charge, Not guilty: yet we gave him that benefit; and he had that which did laſt a great debate of this Court, and ſo did Hambleton; and divers others, we will do no otherwiſe with you then with them.

Mr. Love.

If you now deny me my ſpeciall plea, I cannot help it, which is this, that the writing or ſending letters (if it could be proved againſt me) into Scotland, doth not come within your act, and that it is only for England and Ireland that are mentioned therein.

L. Preſ.

If there be a ſpeciall plea wherein there is no difficulty, then we give no counſell; but a ſpeciall plea muſt have ſomething that is dubious in the judgement of the Court; but for this, that in the letter of the law every School boy underſtands; the Judge will not allow you counſell in a triviall matter; we have gone over and over with you againe, and this is like other diſcourſes with you; but certainly never was the like ſeen, that a Court was ſo trifled with.

M. Love.

This is my humble motion, allow me but counſell to morrow, that they may appeare here.

L. Preſ.

You may have counſell to morrow as the caſe ſhall be.

M. Love.

Shal I have the copy of the Charge?

L. Preſ.

You ſhal have what is fit, you ſhall have nothing denied you when it comes to you to have it, you ſhall have that reſpect; I do it not to flatter you: but refuſe to plead at your perill.

Mr. Love.

VVill you give me but this favour, that I may have but an hour or two's time to conſult with a Lawyer?

L. Preſ.

I do not know but that this that is done, muſt be done for all that comes to the bar.

Att Gen.

I had thought there would have appeared in him that cals himſelf a miniſter of the Goſpel, more meekneſs & obedience to authority, not out-facing authority: & it is not wel done of him. My Lord p. 13I humbly beg, that having had thus much of your patience, and perſwaſion by arguments, and all means uſed to him, and nothing will prevaile; that, my Lord, you will now be pleaſed to give your judgement according to the rules that the law appoints you, upon him that refuſeth to plead.

M. Love.

I do not refuſe to plead.

L. Preſ.

Doth a man of your learning ſay, you do not refuſe!

M. Love.

A man may demur to his charge, and yet not refuſe to plead; and the court may grant me a daies time, if they pleaſe; for I come here unarmed and unprepared.

Att. Gen.

His demur is to matter of fact.

L. Preſ.

Will you put that upon law, for law, which is not law? and by your putting your ſelfe upon that, you confeſſe the whole charge.

Att. Gen.

I deſire one favour, my Lord, which is of juſtice to him; which is, that you would be pleaſed to command your clerk to read that act that ſays, If any perſon before you refuſe to plead, he may heare the ſentence of the law upon him.

L. Preſ.

Clerk, read the Act.

The Clerk reads that part of the Act about refuſing to plead.

Att. Gen.

My Lord, we deſire his final ſentence.

M. Love.

My Lord, I deſire but the favour of a daies time to conſult with Lawyers.

The Lord Preſident conſults a while with the Court.

L. Preſ.

I now do deliver it from all of the court, and all of them are of that minde, and now plead, or you ſhall have judgement.

M. Love.

But if I plead, I deſire I may have counſel to hear the witneſſes.

L. Preſ.

We will not make a preſident; for it will be ſaid, it was Maſter Lilburns caſe, and Maſter Loves caſe.

Mr. Love.

Will you promiſe me, that I ſhall have counſel to heare the witneſſe.

L. Preſ.

We will promiſe you juſtice. Reade the ſentence.

The Clerk goes to reade the Sentence.

M. Love.

Not guilty.

Att. Gen.

My Lord, we do ſay in the behalf of the Common-wealth, he is guilty of the crimes and treaſons laid to his charge. And, my Lord, you now perceive, that when you have been long troubled, you ſee he comes very hardly to it; an innocent man would not have made ſo much ado; and knowing his innocency, would not have had ſo much capitulation and trifling with a court of Juſtice. My Lord, for theſe crimes, you are pleaſed to obſerve they are of ſeveral natures, and of long continuance. And now, my Lord, for the ſtate of the evidence, it is commended to the charge of another Gentleman, that is maſter Solicitor General of the Common-wealth, to open to you the ſtate of the fact, by which he ſtands here impeached and accuſed, the nature of it, and how it ſhould have been carried on, the ſeries of time, the perſons with whom he complied, how plotted and contrived to undermine this Common-wealth, even to the foundations of it. My Lord, when that is opened, I will then produce the evidence to make it good againſt him.

Mr. Solicitor Gen.

My Lord, Mr. Love urgeth much for himſelf, but he doth not tell you what. For my part, I never ſaw his face till now; but his own carriage, if that do not do him wrong, none will. He ſaies, he is ſingled out from all the reſt of his brethren. I ſuppoſe he means thoſe that are his fellow conſpirators; the reaſon of that is, becauſe he was the firſt, he had a hand in the firſt action and laſt action; ſo that from the beginning to the end he was the principal man, both by counſel, friends, purſe, and incouragement; and that is the reaſon he might juſtly be ſingled out to be firſt in the puniſhment, becauſe he was firſt in the fact. He ſaies, God in Achans caſe wrought the diſcovery. My Lord, I thinke the court will think, that God was the great Diſcoverer of this great treaſon; for through the whole ſeries of it, it was preſt and carried on with as much caution and ſecrecy as the wit of man could contrive, and nothing but the goodneſſe of the God of lights, the Father of lights, could have brought this to light, who diſcovers the ſecrets of all hearts, and hidden things of darkneſſe; He hath diſcovered this. My Lord, the nature of the treaſon, it is not one or ten treaſons, but it is a myſtery of treaſons, woven together during the ſpace of two years, under the notion of Religion. Many of them that were the conſpiratours, giving out, that they were a party diſtinct and ſeparate, and ſo they did behave themſelves like a party ſeparate from the reſt of the Common-wealth. Firſt, this party did aſſume to themſelves ſoveraign power, and did exerciſe it divers ways; they did take upon them to ſend Agents abroad to treat with forraign Princes and States, enemies to this Common-wealth, and to give commiſſion to that p. 14purpoſe, and to give inſtructions to that purpoſe, they did demean themſelves in this point, as if this party had been a free State. My Lord, the very firſt of their riſe was that in February, 1684. When the Scots had declared for the King, then they ſend immediately to their brethren here, theſe conſpirators, to let them know that they intended to make addreſſes to the new King very ſpeedily, and that there was propoſitions drawing to that purpoſe; and did deſire a firm compliance with them, promiſing them faithfully (and how they kept it we ſhall hear) as their brethren of Scotland, that their intereſt ſhould be provided for as their own. And the Covenant that was the ground of all. When they had thus promiſed, they believed their brethren, and thereupon went about the work, and eſtabliſhed a councel at Dowgate, and there they met, and plotted and contrived how in the firſt place to make an agreement between the King and the Scots, to the intent that when they were agreed, they might come with united forces to invade this Common-wealth. They were plotting and contriving this about Midſomer, 1649. They were taken notice of abroad to be conſiderable men; and the King of Scots, as they called him, thought fit to ſend an Agent to them, to treat with them, which was one Maſon, my Lord Piercies man; his errand here, was to reconcile both parties, the Royal and Presbyterian party, and to make them both ſubſervient to do his work. My Lord, he treated with the Counteſſe of Carliſle, William Drake, and divers others, citizens of London, and this was with the privity of the Miniſters. My Lord, he had commiſſion from the King to aſſure theſe conſpirators, that if they could procure the Scots to ſend more moderate propoſitions then they had formerly ſent (for the treaty was broken off before; the propoſitions were then immoderate) that they ſhould be ſatisfied. Thereupon they were ſo confident of themſelves, and ſo bold; (and in this Maſter Love had a principal hand) that without any more ado, he frames a Letter to Scotland, to adviſe them, and to perſwade them by all means to ſend more moderate propoſitions. The Scots return them this anſwer, That they ſaw no cauſe to ſend more moderate propoſitions; but they deſiring a good ſucceſſe of the Treaty, they ſhould ſend before hand to the King, to prepare and move him to comply with the propoſitions when they came. Thereupon they were as ready, whereas they ſent with the one hand to the Scots, ſo with the other hand to the King. They framed a Letter to the King, and I will expreſſe it in their own language; this was the ſubſtance of their Letter: Firſt they let the Prince know, that there was a conſiderable party in England ſenſible of their ſufferings there (they made themſelves ſo conſiderable;) and by and by, you ſhall ſee what became of that. Firſt, the Kind did underſtand them to be ſo conſiderable. Secondly, they were bound in conſcience and loyalty, to the utmoſt to help him to his juſt rights, if he were once ingaged with them by taking the Covenant, &c. and proſecuting the ends of it. Thirdly, that there was no way to do this, but by cloſing with his ſubjects of Scotland. Fourthly, that being done, all the Presbyterians were bound to aſſiſt him. And this, which they did, muſt be ſent away before commiſſioners come, to prepare the King to give them good entertainments. With this Letter there was a Letter ſent to the late Queen, to deſire her by all means to work the King to a compliance with the Scots. And there was a Letter ſent to my Lord Piercy and Jermin to that purpoſe, taking notice that the Queen, my Lord Piercy, and Jermin, were their very good friends, and ready for this conjunction; whereof they took ſpecial notice, and did approve of it as a thing very acceptable, and which ſhould be remembred in due time. My Lord, this Letter was ſent, and afterwards Maſon he brings the Anſwer from the King, and Queen, and Piercy, all agreeing to work this, that the Scots if they came with propoſitions, ſhould be complied withal. But Piercy and Jermin writ further, and did adviſe them, to the intent the King might not fall back again, that they would ſend a meet perſon to be preſent about the King when the commiſsioners came, that ſo he might ſee faire play: And thereupon Titus was ſent away, to be an agent there for them at this Treaty; and this Treaty was at Jerſey; but this Treaty took not effect as was deſired. Whereupon they reſolved upon another treaty at Bredah; but at the treaty at Bredah the King adviſed in his Letter (which I ſhall reade) in the later end of the Letter, that they would ſend commiſsioners then to treat with him. My Lord, the Letter was written by the King back again to the Miniſters. Firſt, the King in the Letter took notice of the Miniſters non-compliance with the preſent power, and of their loyalty and good affection to him; and that if God reſtored him, he would requite them. Secondly, he promiſed all ſatisfaction to the Scots. Thirdly, made large promiſes of high favours particularly to the Miniſters. Fourthly, wiſht them to ſend commiſsioners, ſufficiently inſtructed, to treat at Bredah. Now my Lord, in the Diary that came along with this (for there was a Diary of all Titus his Negotiations) in that Diary it did appear, that the King was very much ſatiſfied with the correſpondents application to him, and that that ſhould be a main argument to him to ſatisfie p. 15the Scots. So my Lord, if they had not thus moderated, and perſwaded the King that they were a very conſiderable party, he would never, in all probability, have cloſed with the Scots, but have thought them very inconſiderable. But when he was informed, that if he cloſed with the Scots, he ſhould have a conſiderable party in England, that made him think the Scots were worth the cloſing with. My Lord, Titus in his Negotiation at Jerſey did aſſure the King, that the Miniſters were averſe to the preſent Government, both in pulpit and in print, and that they were well-affected to ſerve him and the Nation, and that the Nation was ready to eſpouſe his quarrel if he did joyne with the Scots. This he did aſſure him in the behalf of the Miniſters. And to ſhew how they did own this, they did like this aſſurance ſo well, that they ſent him another Letter; and they did likewiſe ſend him a Letter of thanks for his good ſervice he had done, in poſſeſſing the King how conſiderable they were. My Lord, after this buſineſſe of Jerſey, when Titus had done his good ſervice there, he was coming home to make his relation; but hea…ing by the way, that the Councel of State had intercepted ſome Letters, he durſt not come farther then Calice; and from thence he ſends a Letter, to let them know all this; and withal, that he had ſomething to communicate to theſe conſpirators, that was not fit to be communicated by Letter, and therefore deſired that ſome meet perſon might be ſent to Calice. Thereupon, this Letter being read in Mr. Loves ſtudy (ſo ſecretly was it carried) there it was agreed, that Major Alford ſhould be the man that ſhould go to Titus, and ſhould receive all this account from him. Whereupon Alford he went away to Titus preſently, and there he did ſpeak to him, and Titus did acquaint him with all theſe proceedings; and withall they did adviſe, that a Commiſſion ſhould be ſent in the later part of the Letter. So that now they had no more to do, but ſince their hopes failed them at Jerſey, to have an eye to the Treaty at Bredah, where they deſired to ſend Commiſſioners. My Lord, this letter to be preſented at Bredah, was managed at Mr. Loves houſe. Col. Maſſey, Col. Graves, Titus, &c. Theſe were the parties There were Letters ſent to them to act accordingly; and Titus ſent letters to the King and Queen, and Piercy. And again my Lord, for the Commiſſion; it was as tranſcendent a boldneſſe, as ever was done by private men; and the Commiſſion was corrected by Mr. Love; for it was rough drawn by William Drake, which was the Engliſh Agent here. But Mr. Love in his ſtudy, and Doctor Drake, did help to correct it. The ſubſtance of the Commiſsion was this: We the Presbyterian party in England, do authorize you, Francis Lord Willoughby of Pariham, Edward M…ſſey, James Bunce, Richard Graves, and Sylas Titus, to treat on our behalf, and the reſt of our Brethren the Presbyterians of England, with the King, and to aſſiſt our brethren the Scots Commiſſioners, in their treaty with the King, and to do according to the Inſtructions annexed. My Lord, here be the heads of the Inſtructions: That the Commiſsioners ſhould uſe all arguments they could, to move the King to give the Scots ſatisfaction, and to take the Covenant; and particularly to inform him of the condition of affairs, and how things ſtood in England at that time; all which then cried out for an agreement with the Scots; giving them full power of all things, and what ſhould be concluded by them the commiſſioners, ſhould be confirmed by the confederates. I think, my Lord, here was a very large commiſſion; whatſoever they thought fit, they were willing to comply with and make good. My Lord, at Mr. Loves houſe, at the ſame time it was moved (according to a letter from my Lord Piercy to William Drake) that a good ſum of money might be ſent to the King, as a great means to diſpoſe the King to an agreement with the Scots; but they did not think fit to be cozened of their money, but if this conjunction did follow, then to raiſe money conſiderably. And they went on ſo far, as to debate how to raiſe this great ſum of money for this pious work, as you ſhall hear by and by, under what notion when propounded. Thoſe men agreed, that the beſt way was, that the Miniſters ſhould have ſeveral correſpondents; and that they ſhould propound the lending of 10, 20, 30, 40, or 50 pounds, for a charitable uſe; but you muſt not ask what this charitable uſe is for. And this charitable uſe, what would it have been? if God had not bleſt the battle at Dunbar, we ſhould have ſeen it. My Lord, a little before the battel at Dunbar, when they had a letter from Maſſey, or Bailey, or, ſomebody, they then began to underſtand their brethren better then before; for he did informe them, that notwithſtanding what was pretended, yet for all that, there was no Engliſh imployed, nor was the King crowned. This did diſturb the minds of the conſpirators very much; inſomuch that they did expoſtulate with a large letter written by Mr. Love and Dr. Drake, written in a table-book in ſack, and ſent there; they did expoſtulate with them, becauſe the Presbyterian party, which was the over-ruling party, were growne ſo confident of carrying all before them, that they did neither crown the King, nor minde the Engliſh. They did blame them for this, ſeeing this going upon a ſingle intereſt, and upon one party alone, p. 16which they did call godly, would not do well. And my Lord, it proved ſo indeed, they carried it on upon this, till the battel at Dunbar came, and then they began to be of another minde. After that battel, there was a letter from the commiſſioners of Eſtates, preſsing for Arms and Ammunition; and letters from Maſſey and Titus for money to be ſent. My Lord, theſe good natured men, notwithſtanding they had been ſo handſomly dealt withal when their brethren were in power, yet for all that, ſo fierce and eager were they to carry on this great deſigne, which God knows what it would have come to, they notwithſtanding, upon Mr. Loves propoſition (for he was the man who did propound it) agreed to ſend 500 pounds preſently to Maſſey. My Lord, this money was raiſed, and ſubſcriptions taken by Mr. Love himſelf at his own table: And this is proved by one who brought his ten pounds, he brought it to Mr. Love, and would truſt no body elſe with it; and this was ſent away preſently by captain Maſſey. My Lord, there was a large letter ſent alſo with the money, wherein was good counſel; for beſides the money, he did write to adviſe his brethren, that it would be notable ſervice to indeavour after union. The letter was ſent, and that large letter inviting to union had been delivered to the Aſſembly, and that would help to quaſh the diſſenting party in Scotland, who had made the King a priſoner. But now the State and Church were all agreed, and this was the fruit of Mr. Loves letter. And if they had not been ſo united, they could have done no harm; this letter came ſo ſeaſonably that they conceived it very conſiderable. They preſsing to union very much, by this means did quaſh the diſſenting brethren, and by that means they came to be as now they are. My Lord, about Chriſtmas laſt, there came a letter from Maſſey, which gave an account of crowning their King, and of great preparations to take the field; and that the correſpondents here ſhould beware of unſeaſonable riſing, and that they were moſt affraid that theſe perſons would riſe too ſoon, and ſo ſpoile all. My Lord, in anſwer to this letter, they write back again to Maſſey, to adviſe him on the other ſide, to take heed that he came not into England but well provided, and not to depend much upon the aſſiſtance here in England; they were affraid he was too weak, as he was affraid they were too forward. My Lord, after Cook was apprehended, then the correſpondents met no more at publick meetings, and yet they received letters from Drake, Maſſey, Bunce, and the reſt (whereof Mr. Love was ſtill made acquainted as a principal man) that told them of the hopeful condition of the Scots Army, that they intended to engage in England; adviſing the party here, not to be too forward. This was the ſecond advice; and ſee the reaſon of it; for if Mr. Love ſate at the helm, as he did, all the meetings being at his houſe, after Drake went away he ſtill ſtating the queſtion, drew theſe letters and corrected them. And if he were ſuch a main ſtickler, truly there was very great reaſon for his advice. My Lord, about the middle of March laſt, Col. Bamfields man brings an anſwer to the meſſage in the table-book written in ſack, containing foure or five ſheets of paper: Upon this packet there was nothing written but the letter L. to deliver to one of the conſpirators; and ſeeing nothing but the letter L. written, he carried it to Mr. Love, and Mr. Love did own it as ſent to him; and that was the large Narrative of the ſtate of affairs in Scotland, after the fight at Dunbar, how things ſtood there. My Lord, with this Narrative was ſent alſo a letter from Mr. Bailey, by order from the general Aſſembly: they did order Mr. Bailey (which was the Scotch correſpondent there) to write a large letter; and there was another letter from my Lords of Argile, Lowden, and Lothian, &c. it is worth your obſerving what this letter was that came from theſe men: Firſt, thanks for the good affections of Mr. Love and the reſt of the conſpirators. Secondly, incouragement to perſevere, and to credit Bamfields negotiation for money. Thirdly, promiſed to repay all, whatever they ſhould lend: But when, and by whom this payment ſhould be made, the letter will tell you; and that is, when God ſhall bleſſe their endeavours in procuring a free Parliament in England. So the Parliament in England muſt pay all the Scots debts, that theſe conſpirators ſhall lend. Truly I thinke it will be a very free Parliament indeed, when it comes ſo free out of the peoples purſes. My Lord, Mr. Love and others gave Bamfields man that brought this Narrative out of their own purſes ten pounds, and ſent a bill of exchange of 30. pounds to Bamfield; by one witneſſe it will be expreſly proved, that ten pounds of this money came out of Mr. Loves purſe. My Lord, William Drakes laſt letter did informe, that Maſſey would break into England as ſoon as there was graſſe for his horſes; and therefore he ſent to have a good bank of money provided in readineſſe, and that they ſhould think of timing a party, and that they ſhould neither riſe too ſoon nor too late, but juſt when Maſſey came in; this Mr. Love told Major Adams. My Lord, now we come ſo near to the time, as that one of theſe conſpirators is apprehended by the Councel of State. When he had been in reſtraint three daies, he ſent to Mr. Love, and Mr. Love came to him; but he had been at a kinde of a Faſt, for they did keep Faſts once a fortnight at leaſt, and p. 17Prayers, for the good ſucceſs of this deſign, That God would bleſs this wonderful Treaſon; which was for the making, by the Scots Army, an utter ſubverſion of this Commonwealth; and the free, and noble, and magnanimous people of England, ſhould be made vaſſals and contributaries to the Scots Nation; This was the deſign, and for this deſign, the Miniſters faſted and prayed: But it is plain, God did abhor ſuch things. And, my Lord, Maſter Love took upon him, to ſpeak to the perſon under reſtraint, Take heed, ſaith he, what you do, leaſt you wrong your ſelf or others; and ſaid, It is true, Titus his man hath broken up Papers, but we are all well enough; but give notice to the reſt of the Confederates, That they may not be ſurpriſed; but be you not troubled, becauſe we have prayed for you this day: And they implored the God of Truth, that nothing of all this ſhould come to light, but that we ſhould be in the dark ſtill in generals. My Lord, This is the true ſtate of the evidence, as near as I can preſent it, with a frail memory: And, my Lord, I have opened nothing but generals, your Lordſhip and the Court, will judge of it; and Maſter Love will have the leſs to do to anſwer: But it appears by this, That there hath been ſuch a practice, ſuch a ſeries of Treaſon, Treaſon upon Treaſon, that one Act of Parliament is not enough to contain it; but all thoſe Acts of Parliament read, every one of them make him a Traytor. And, my Lord, I am ſorry I have taken up ſo much of your time, eſpecially, when you have ſpent ſo much time before: If your Lordſhip therefore will be pleaſed to have the patience to hear the Witneſſes, we ſhall prove more then I have yet opened.

At. Gen.

My Lord, This was an early Treaſon, that began betimes to cruſh the Commonwealth in its infancy: And, my Lord, Maſter Love being ſingled out for juſtice, you will anone obſerve, there was ſingular cauſe for it; and if he had had his deſert, it had been long before now: But States can play ſometimes with Treaſons, and not take a time tell they ſee fit. My Lord, This Treaſon, as I have opened it to you, began in the year 1648. The King of Scots ſo called; but take notice, That the ſame Nation and Perſons that proclaimed him King of Scotland, proclaimed him King of England alſo at the ſame time, in the ſame Nation; and thoſe perſons that proclaimed this perſon King of Scotland, the ſame proclaimed him King of England. My Lord, You have heard ſome of the Conſpirators named, Titus and Drake, active men both of them; Theſe men have been ſo ingenuous, That they have fled for their Treaſons; notwithſtanding this Gentleman, a Miniſter of the Goſpel, he doth not do ſo; they have confeſt their offences, and are fled for them; they dare not appear, they have ſo much guilt within them, that prompts them to keep away; but this Gentleman hath not ſo much My Lord, Drake was ſo active, and it was carried on with ſo much ſecreſie, and ſo much (as they thought) of Caution, That Maſter Drake writing, as that Gentleman next Mr. Love doth, in ſhort hand, he burnt his Papers, and burnt all where any thing was to be ſeen, ſo that no originals are to be ſeen. My Lord, in this caſe it hath been opened to you, what tranſactions Mr. Love had with Scotland; and you have been pleaſed to obſerve, it was a tender point, that Mr. Love did enter diſcourſe with the Scotch Nation, Mr. Love was very much troubled at it, and he may ſee juſt cauſe to be troubled at it: And will you give me leave, there hath been Blood and Treaſure ſpent, as was told you by Mr. Solicitor. I am afraid, I might too juſtly ſay, by that Gentleman, and thoſe he did ſeduce, That they have been too much the cauſe of this Blood, even that Gentleman that ſtands at the Bar, that ſhould be a man of peace, and not of blood. My Lord, I may juſtly ſay, That that Gentleman hath been too much the cauſe of theſe late Engagements between theſe two Nations, and making himſelf a party; and it is a ſad thing, when parties appear againſt a State. My Lord, I am too much afraid, what ever God pleaſes to work upon him, That it ſhould touch his Conſcience, that he ſhould be inſtrumental in ſuch a work. But I verily believe, had there not bin actings from hence, there had not bin ſo much forwardneſs in the Kings party to the Scots. My Lord, I will minde that Gentleman of what is ſaid of the fifth of November, I am ſorry for it, that it ſhould be ſaid of our Miniſters, whoſe Faith is Faction, Whoſe Religion is Rebellion; it is ſaid ſo of the Romiſh Miniſters, I hope it will not be ſaid ſo of the Engliſh, That their Faith is Faction, and that they pray for ſtrife, and faſt for ſtrife. My Lord, For theſe men, Drake and Titus, they are gone, as I ſaid, and they did confeſs themſelves ſo much guilty, as that they have fled for it; and Mr. Love doth know (I am ſorry to ſee him in that geſture) that he was converſant with them all, and doth know (I believe) that we can prove it; and when he hears the men named, he will ſay ſo too. Truly, my Lord, I have nothing to ſay againſt the perſon of the man, but againſt his vices and faults; and nothing to his Function, and nothing to thoſe whom he pretends ſo boldly to repreſent, that is, the Presbyterian party. We do all know, there are many honeſt, precious and godly men, that have received no diſcountenance from the State; nor this Gentleman, that ſhould give him any countenance or encouragement p. 18to oppoſe the State: But it is ſomewhat a bold thing, for a particular man to be the head of a party, and they to engage as repreſenting a conſiderable party, to engage to ſend Commiſſioners to agree upon Inſtructions; this is very bold. But, my Lord, God be thanked, many of thoſe that were ſeduced at firſt, were wiſe, and did come in before the laſt; and did not ſtrut it out, my Lord, with States and Juſtice, as that man hath done before now, and at preſent, even out-facing Juſtice, and boldly, I …ay, wiping his lips; he hath done no offence. My Lord, they were ſo bold with Scotland, that there was a known Agent there maintained and kept, between Scotland and them; and I will tell him the Gentlemans name, his name was Mr. Sterks; and, my Lord, when he went away, the Act requiring thoſe of the Scotiſh Nation to be gone, that Gentleman did ſupply him with money himſelf; and others gave him eight or ten pounds in his purſe to carry him away. My Lord, I believe he knows this, and I am ſorry, That that Gentleman that hath gone along with us in much of this War, that he ſhould at laſt, ſo much betray his own diſcretion, as rather to truſt a reconciled Enemy, then to be true to his own Friends. I ſay, He truſts a reconciled Enemy, and a weak Enemy, and that he will think, and will know, that they might betray him; as juſtly may be done, when men ſo caſt themſelves upon the Party of the King, and Queen, and Peircy, and Jermine; it is no great policy nor diſcretion to have ſo many of Councel: they ſay, three keeps councel; but this Gentleman hath now 20, 30, 40, in Scotland, France, and Holland, and Agitations between them, and frequent Intercourſes. My Lord, I ſhall now call the witneſſes out to you, which when Mr. Love doth ſee, himſelf will ſay, are honeſt men, and to be believed.

Mr. Love.

My Lord, I beſeech you let me ſpeak a word.

At. Gen.

My Lord, he hath heard his Charge in particular; and thoſe things, which if he be ingenuous to himſelf, and his own Conſcience, he cannot but know we ſhall prove them; and before we prove them, I deſire to hear, whether or no he will confeſs them.

Mr. Love.

I hope this Court will not hearken to the inſinuations of inſtruments of State, who are well rewarded for their eager proſecution of men in ſuch a condition as I am in; it is an eaſie matter, through flouriſhes of Law, and ſtrains of wit, to ſtir up the mindes of my Judges againſt me.

L. Preſ.

You have heard the Matter opened to you, which you cannot in any Chriſtian, or godly Conſcience, or Underſtanding, but acknowledge, That ſuch Secrets as theſe you were privy to, and came to your hand; you cannot, before God and man, do better then to confeſs theſe, which you know by the urging of them upon you, are come to our knowledge.

Mr. Love.

Will you give me leave to expreſs my ſelf, as to theſe things which I am now charged with, I do declare and proteſt, in the preſence of God and this great Aſſembly, That I never wrote any Letter▪ either to the King of Scots, or to the Queen his Mother, or to the Church or State of Scotland, in the general, or to any particular perſon of the Scotiſh Nation, ſince the Wars began between England and Scotland, to this day. I do declare alſo in the preſence of the ſame God, I never received any Letters written to me, either from the King of Scotland, or Queen his Mother, or from the Church or State of Scotland, in general, or from any particular perſon of the Scotiſh Nation, ſince the Wars began between the two Nations, to this day. I declare and proteſt likewiſe, in the preſence of the ſame God, I never collected, or gave, or lent, one penny of money, either to ſend into Scotland, or into any forreign part, to the King, or Queen his Mother, or to the Church or State of Scotland, in general, or to any particular perſon of the Scotiſh Nation, ſince the Wars began, to this very day. And as to theſe particulars, I have ſaid it often, I am as innocent, and as harmleſs, as the leaſt childe; and if you will take the aggravating of theſe circumſtances againſt me, and will proceed upon aggravations of the crimes againſt me, I hope God will help me with more Peace of Conſcience to undergo the cenſure, then you ſhall have to inflict it. And as for that Gentleman, that made that great relation to you of the Treaty of Jerſey; for my part, I am as great a ſtranger to all thoſe Tranſactions, as any here. I never ſaw the face of Titus, nor did I ever ſend to him or receive any thing from him.

At. Gen.

My Lord, We ſhall call the witneſſes.

Captain P…tter is called into the Court.

Mr. Love.

I except and proteſt againſt this Witneſs, for he hath been already examined in private, and hath made his confeſſion there, and that is equivalent to a conviction; and I hope, the Court in Juſtice, will not admit of this man for a witneſs.

L. Preſ.

You ſhall have Juſtice, as well as ever any Jeſuite had.

At. Gen.

You ſee now what Mr. Love drives at, and you will finde his Jeſuitical evaſions: And, my p. 19Lord, let him be asked, Whether ever this man was before this Court, or any Committee of this Court; and I think in Juſtice, you ought to examine Witneſſes before hand: But it is clear and evident, That this man hath been a party with him. I do humbly conceive, it is ſo clear and evident, that rather I ſhould except againſt the witneſs, as an incompetent witneſs, then Mr. Love, becauſe he hath been a party with him; but I deſire he may be a competent witneſs, and one in whom there is more ingenuity, then there is in Mr. Love.

Mr. Love.

Sir, before he ſwears, I beſeech you ask him this queſtion, Whether he hath not been threatned with death, if he would not witneſs againſt me.

L. Preſ.

You cannot over-rule us with your beſeechings, and beſeechings, it will not do it; your over-importunity ſhall not prevail with us.

M. Love.

Let God prevail with you: though he may be legalis teſtis before Conviction, yet he cannot be ſo after Conviction.

The Clerk▪

The evidence you ſhall give, between the Keepers of the Liberties of England, and the priſoner at the Bar, ſhall be the truth, the whole truth, and nothing but the truth; So help you God.

He is ſworn.

L. Preſ.

Now look upon the God of truth, and ſpeak the truth.

C. Pot.

I ſhall ſpeak the truth.

At. Gen.

That Gentleman was pleaſed to truſt others, as I ſaid, even reconciled Enemies, and fell from his Friends. I do grant, that this Gentleman hath confeſt; and if every honeſt man confeſs his fault, that is no offence; for an honeſt man queſtioned for a fact, to confeſs the truth thereof. I have not heard that that is no good law; and I do ſay, that before ever this man came to be examined, we did know it all, and perchance from thoſe that this Gentleman thought fitter to truſt, then us; but we did ſo know it before, that every circumſtance was opened by us; and we did convince this Gentleman, and others, though not Mr Love: But Mr. Love ſaith, He muſt not accuſe himſelf, he muſt not anſwer; but this Gentleman did more ingeniouſly. I do affirm, That he was queſtioned to every particular, before he anſwered: And we do know, that the State hath long hands and ears. Now, my Lord, if you pleaſe, ask M. Potter what he knows of this buſineſs of ſending to, and receiving from Scotland.

L. Preſ.

You are upon your Oath, and in the preſence of God, then whom there is no higher upon the earth, that is in the ſeat of Juſtice, and without relation (as Mr. Love ſaith) to the parties; therefore tell the truth of your knowledge, in the tranſaction of this treacherous treaſon, that hath now been above two years in the paſſages, between the Presbyterian party.