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

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

p. 19At. Gen.

No, my Lord, we will not own that upon them; there are ſome that do ſtile themſelves ſo, The Presbyterian Party, that are conſciencious perſons, and pious, and godly men; and I ſhould do them wrong, ſhould I lay it upon them; but that which I do, is againſt thoſe that do undertake to ſtile themſelves, The Heads of them.

L. Preſ.

Begin then with that which concerns Mr. Drakes Agency.

Cap. Pot.

I have taken an oath to ſpeak the whole truth in this buſineſs; but that is, the truth I know. I deſire I may not be preſt to things that I have onelyonly heard.

At. Gen.

You muſt, and from whom you heard them.

Cap. Pot.

I was examined ſeveral times, and had a wide latitude there; and then I was to ſpeak to every truth, as I thought and heard; but now I have taken an oath to ſpeak the truth between the State and this Gentleman: And I beſeech you, that I may be held cloſe to thoſe things, and I will give you the fulleſt and faireſt account I can. What I ſaid before, was in order to the diſcovery of the thing; much of which, I had by hear-ſay from others, and in that I may miſtake, in perſons, places, and times: What I have done my ſelf, and what I know this Gentleman hath done, that may be put to me fully.

Mr. Love.

The witneſs muſt ſo ſpeak, That we have ſeen and heard, that do we teſtifie.

At. Gen.

Your Doctrine will not paſs here.

Mr. Love.

It is Scripture, Sir, and it behoves me to ſpeak, for I am upon my life.

At. Gen.

Mr. Potter, ſpeak what you know, and from whom, and I deſire there may be no gloſſes put there, by thoſe, who I am ſure, cannot do it. I ask you firſt of the proceedings, and …ending to Scotland, and back again to England; and what you know of it, and from whom.

C. Pot.

My Lord, the Committee, that examined me, knows I was not priv… to the firſt tranſaction: I did ſay indeed ſomething of it by hear-ſay, and I did likewiſe ſay, That Mr. Drake told it me; but I p. 20may erre in that particular, poſſibly M. Drake did not tell me ſo; for as I apprehend, I ſaid, I did think it did put a neceſſity upon the King to agree with the Scots; and then having ſeen ſome papers, and conferr'd with that relation others have made, I collected the truth of them, as far as I did know; but now I am upon my oath, let me therefore come to the matter; I ſpake then many things as I heard, which I cannot affirm upon my oath.

L. Preſ.

We muſt judge of what you have heard.

C. Pot.

My Lord, I cannot be certain of that.

At. Gen.

That is receded from. But what do you know of Maſons coming over here?

C. Pot.

I know nothing of Maſon, I ſaw him but once, and at that time there paſt nothing between us of publick concernment, as I remember.

Att. Gen.

What was the anſwer that was returned to that which Maſon did bring?

C. Pot.

That I can ſpeak nothing to of my own knowledge; I heard he was come hither, and was here to ſee the tempers of men, and to ſee how things were like to go.

Att. Gen.

My Lord, ask him from whom he came?

C. Pot.

It was ſaid he came from my Lord Piercy, but theſe things are ſo remote from me, that I can ſay nothing to them of my own knowledge.

Att. Gen.

My Lord, let him ſpeak what he knows about reconciling the Presbyterian parties.

C. Pot.

I think others can ſpeak more cloſe to that; I can ſay nothing but by hear-ſay; I heard that Maſon did indeavour here to finde how the affections of the people ſtood, and whether there was a neceſſity that the King ſhould comply with the Scots, or with the cavaliering party; and that he found a neceſſity of complying with the Scots.

L. Preſ.

What aſſiſtance ſhould he have from hence?

C. Pot.

I know no more of Maſon then this.

Att. Gen.

My Lord, ask him if there were not ſome letters returned by Maſon, in anſwer to what he brought?

C. Pot.

Not that I know of.

L. Preſ.

Did you hear of it?

C. Pot.

I think I did hear of it, but I cannot tell by whom: I think by William Drake.

Att. Gen.

My Lord, ask him whether he knows of any petition ſent to the King of Scots?

C. Pot.

I do not know of any, but have heard ſo.

L. Preſ.

By whom did you hear ſo?

C Pot.

By William Drake.

L. Preſ.

Who did Drake ſay did carry the petition?

C Pot.

I cannot tell.

Att. Gen.

Do you know of any anſwer returned from Piercy and Jermin?

C. Pot.

I know nothing at all of theſe things.

L. Preſ.

Were not you invited to the meeting?

C. Pot.

Yes, I was.

Att. Gen.

What did he tell you?

C. Pot.

Nothing at all: we had nothing but common diſcourſe there.

Att. Gen.

Who was there?

C. Pot.

There was William Drake, Major Alford, and I think Maſon and Titus were there.

L Preſ.

Do you remember any more?

C. Pot.

I do not remember, nor can I certainly ſay they were there.

L. Preſ.

Were not you preſt or moved to go to Jerſey?

C. Pot.

Not that I know of.

L. Preſ.

Did not Titus offer to go?

C. Pot.

I cannot well tell; but at that time, or ſome other, he either was ſpoken to to go, or offered to go.

L. Preſ.

How long ago?

C. Pot.

My Lord, I cannot ſpeak this of my own knowledge; but I have heard ſay, I think, a month after the time.

L. Preſ.

Had he any money to bear his charges?

C. Pot.

I know of none.

Att. Gen.

Well, what meetings afterwards was there in M. Loves ſtudy?

C. Pot.

I have been at M. Loves ſeverall times.

Att. Gen.

My Lord, ask him whether he was not preſent in M. Loves ſtudy, when a letter was there read from Titus, and who was preſent there, and what were the debates upon it, and what was the contents of the letter, and whether it was not for ſome to come to Calice to him.

p. 21C. Pot.

The letter I well remember; I cannot ſay it was in M. Loves ſtudy, nor can I ſay it was in his houſe, I do not know M. Love was preſent; the letter I have ſeen it, or heard of i…, it did deſire ſome to come to Calice about the treaty; and I remember well, that Major Alford told me he did go to him.

L. Preſ.

What was the contents of the letter?

C. Pot.

I cannot well remember that I have ſeen it; but I have either ſeen it or heard of it, I cannot tell which.

L. Preſ.

You muſt be true to the State, and ſpeak the truth.

C. Pot.

My Lord, I would be true to the State and to the Gentleman at the bar too. And my Lord, I can ſay no more to it, I either ſaw it or heard of it, I cannot tell which. I am upon my oath, my Lord; the letter did deſire ſome body to come to Calice to him.

Att Gen.

Was not this meeting in M. Loves ſtudy?

C. Pot.

I cannot ſay it was in his houſe, I rather think it was not.

L Preſ.

Was he preſent?

C. Pot.

I cannot ſay he was preſent, I think he was not preſent, I think M Alford was ſent to the tavern.

The papers of Captain Potters examinations were here produced by the Attorney general, and by the Clerk read to him.

Att. Gen.

My Lord, theſe were his Examinations.

C. Pot.

I intreat this may be remembred (which I premiſed at fi…ſt) I had a latitude then that I have not now, I am now upon my oath, and deſire to be true to my own conſcience, and to the State, and to this Gentleman; I have made (it is true) ſuch a confeſſion as this is, and I believe the greateſt part of it to be true, according to the latitude I ſpake it in; but now I am upon my oath, and now I am to ſpeak knowingly; the ſubſtance of the thing is true, I believe, that he was ſent, and ſent upon ſuch things, ſo much I do verily believe to be true, upon my oath, but of the places I …annot ſpeak.

Att. Gen.

Alford did go to Calice and return, and how many daies was it between his going and returning? and where did he give an account of what he did receive from Titus a… Calice?

C Pot.

It is a hard matter for me to ſpeak to the time, I think about a week; and for the relati…n he made when he came back, as I take it, I met him at the Kings Head in W…lbrook upon his landing; whether he made the relation to me there, or afterwards at M Loves, whether I heard of the meet…ng… or whether I was at the meeting, I cannot ſay. I am ſure he himſelf made me the relation; but whether there, or any other where, I cannot make out.

Att. Gen.

Upon your oath, did not Major Alford make returne of the anſwer in Maſter Loves ſtudy?

C. Pot

I cannot ſay it, but I think it was there.

Att. Gen.

Was Maſter Love preſent?

C. Pot.

I think he was preſent, and I think it was in his houſe; I am ſure Major Alford made me a particular relation between him and I.

Att. Gen.

Was Sterks the Scotch Agent there or no?

C. Pot.

I cannot ſay he was.

L. Preſ.

Was it read in Maſter Loves ſtudy?

C. Pot.

I cannot ſay I was there.

His Examination was again read to him.

Att. Gen.

What was the ſubſtance of the Kings letter?

C. Pot.

It is ſo much out of my memory, that I ſcarce remember there was a letter, it is ſo much out of my minde.

More of his Examination was read to him.

L. Preſ.

What do you remember of this now, is this true?

C. Pot.

I remember I have heard as much, and I believe it is true.

L. Preſ.

Have you not heard the letter read?

C. Pot.

I do not know there was a letter ſent; nor do I know there was a letter read. I deſire to ſpeak the truth; I had a latitude then, that I have not now; I had then ſuch an information ſhewed me, and I ſpake to it ſo far as I thought it was true; theſe papers you ſhew me as my examination, were not of my framing.

The Clerk.

Look upon them, is not this your hand?

C. Pot.

I know it is my hand.

p. 22Att. Gen.

My Lord, I did go to the Tower to him, and was with him, and did examine him. My Lord, here be thoſe that will prove it, that himſelf did confeſſe, and ſaid it was true; and he took time himſelf to inform himſelf, and had (as he ſaid) other mens examinations, and informations by; and he did adde and amend, and gave it under his hand. This is the truth, after ſeveral examinations. And he had papers by him, and did correct them himſelf, and brought them under his own hand written by himſelf, theſe very things. And my Lord, ask him whether he did not write theſe things firſt with his own hand, and bring them to the Committee of Examinations.

L. Preſ.

Whether did you not bring in your own examinations, and what you could inform, written by your own hands?

C. Pot.

My Lord, that is my hand, and what is there I muſt own as mine. But I hope you will let me diſtinguiſh between what I delivered then, as I heard it and thought, and what I deliver poſi…vely. I do ſay it is true now, as I have heard.

L. Preſ.

Why did you not ſay of heare-ſay then, as well as now?

Att. Gen.

Upon the oath you have taken, whether do you not know this of your own knowledge?

C Pot.

Upon the oath I have taken (and I deſire to ſpeak it in Gods preſence) I do not remember that I ſaw the letter from the King, or heard the letter read, or the copy, nor can I ſay Alford told me ſo much, though I think he did, yet I do not know he did.

M▪ Love.

I deſire you would take notice, whether this be faire, that Mr. Attorney ſhould help the witneſſe, by putting things into his mouth?

Att. Gen.

My Lord, I can help the witneſſe by asking him queſtions.

C. Pot.

My Lord, no man ſhall ſo far tamper with me, as to make me ſay an untruth.

Att. Gen.

My Lord, pray ask him, whether he did not write theſe papers, moſt of them, with his own hands.

C. Pot.

True, but to open to the committee the ground of this buſineſſe; but I did not expect to ſwear to every one of theſe particulars:

Att. Gen.

My Lord, ask him, whether after this return was made there was not a meeting, and inſtructions made about the commiſſion to be ſent to Bredah?

C. Pot.

My Lord, to that, I have heard ſo much; but I cannot ſpeak it poſitively. I ſaw no commiſſion nor inſtructions, I heard there was both. I do not know by whom I have heard it, I think by William Drake.

L. Preſ.

Were you not at Mr. Loves houſe when they were drawn up, and Mr. Love corrected them.?

C. Pot.

I never ſaw the inſtructions.

M. Love.

Nor I neither.

L. Preſ.

Did you not heare ſo?

C. Pot.

I did.

L. Preſ.

To whom to be directed?

C. Pot.

To Captain Titus.

L. Preſ.

And to who elſe.

C. Pot.

The commiſſions and inſtructions were to be directed to my Lord Willoughby of Parham, Col. Graves, Major Gen. Maſſey, Capt. Titus, and Alderman Bunce.

Att. Gen.

My Lord, ask him whether he hath not heard Mr. Love tell him ſo.

C. Pot.

Never in my life.

L. Preſ.

Were you not then preſent at his houſe?

C. Pot.

I know not that I was, nor can I remember.

His Examination was again read.

Att. Gen.

Whether were you not at M. Loves houſe? and was there not a letter agreed upon to Maſſey, and Bailie, and Titus?

C. Pot.

I have been ſeveral times at M. Loves houſe.

L. Preſ.

Whether were you not at M. Loves houſe with theſe correſpondents?

C. Pot.

I have been ſeveral times at his houſe with them; and I have been oftner there upon other occaſions.

L. Preſ.

Name them.

C. Pot.

I mean with M. Love, and M. Jackſon, and M. Robinſon, and Major Alford, and M. Drake, and M. Gibbons.

L. Preſ.

What was then agreed upon about letters when you were at M. Loves houſe?

C. Pot.

I have a very bad memory, I cannot ſpeak to time, and places, and perſons; ſuch letters I have heard of were written, I profeſſe I can ſpeak no more knowingly. I never had a hand in any one letter, but ſuch letters I have heard of.

p. 23L. Preſ.

Upon what account did you meet at M. Loves houſe?

C. Pot.

I met there ſometimes upon a friendly account, ſometimes upon a chriſtian account, and ſometimes to hear news, and ſometimes to tell news.

L. Preſ.

Where did you meet with theſe perſons, with William Drake, and theſe ſo often mentioned?

C. Pot.

My Lord, there was a correſpondency in point of news.

L. Preſ.

Between whom?

C. Pot.

Between capt. Titus there, and William Drake here, and he would tell us many times news there.

L. Preſ.

Do you know Titus was imployed as an Agent hence?

C. Pot.

I think he was.

L. Preſ.

Had he money collected?

C. Pot.

I do not know of one penny I lent him, and I never contributed to him.

Att. Gen.

My Lord, ask him, whether himſelf did not upon an occaſion contribute ten pounds, and bring it into M. Loves parlour.

C. Pot.

I confeſſe that.

Att. Gen.

For a table-book that was written in ſack, do you know of any ſuch thing?

C. Pot.

I do. My Lord, I went to William Drake in his retirement, and he was writing out of his Papers ſome letters in a table-book, which he told me was in ſack, as I take it.

L. Preſ.

Why did he write them in ſack?

C. Pot.

I take it, becauſe it ſhould not be diſcovered.

L. Preſ.

Do you not know to whom the letters written in ſack were ſent?

C. Pot.

I know not; but he told me to Bayley and Titus.

L. Preſ.

Where was Bayley and Titus then?

C. Pot.

I know not where Titus was, but I think Bayley was in Scotland.

L. Preſ.

After Drake was gone, where were your meetings uſually?

C. Pot.

Many times at M. Loves houſe.

L. Preſ.

When you did meet there, what did you meet upon, was it not to receive Meſſages from Titus, and Maſſey, and Bunce, and Bailey, and to return anſwers?

C. Pot.

We had ſometimes letters read there, but from whom they came, or to whom, I believe few can tell, I cannot tell; ſomething of news we have heard, of affairs; that was the occaſion of my coming ſometimes.

Att. Gen.

Did M. Love never tell you the occaſions of thoſe meetings, and preſſe you to lend money to furniſh Maſſey and Titus?

C. Pot.

I can ſay nothing to that.

Att. Gen.

What ſay you to the private faſts?

C. Pot.

There were private faſts.

Att. Gen.

What, for a bleſſing upon the treaty at Bredah?

C. Pot.

There were faſts kept, but I never underſtood they were for any other end, but for the ſins of, and judgements upon the nations; and for the moſt part there have been hundreds of men and women there.

Att. Gen.

Did M. Love often officiate there?

C. Pot.

He hath preached and prayed.

L. Preſ.

Did any pray for a bleſſing upon the treaty?

C. Pot.

I cannot ſay ſo.

Att. Gen.

What ſay you to thoſe letters that came hither after the fight at Dunbar?

C. Pot.

My Lord, after the fight at Dunbar there came letters from Bailey, and Titus, and Maſſey.

L. Preſ.

And where were theſe publiſhed?

C. Pot.

My Lord, I can ſay no more; I have heard of theſe letters too.

L. Preſ.

Were not you preſent at M. Loves houſe when they were read or made known there?

C. Pot.

Poſſibly I was; I cannot ſay I heard the letters read there, I did hear letters by a private hand occaſionally afterwards.

Att. Gen.

By the oath you have taken, were you not preſent at M. Loves houſe, when thoſe foreſaid letters from Titus, and Bailey, and Maſſey, were publiſhed and read?

C. Pot.

My Lord, I cannot ſay I was there, and I dare not ſay I was not; it is a yeer ago; I believe I was there ſeveral times when ſeveral letters were read, and it may be when thoſe were read.

L. Preſ.

Whether was there not five pounds given to a meſſenger that brought them?

p. 24C. Pot.

I have heard there was, but I do not know it.

L. Preſ.

Did you contribute any thing towards it?

C Pot.

I think, I did contribute ten ſhillings.

L. Preſ.

VVho contributed beſides your ſelfe.

C. Pot.

I know not.

Att. Gen.

VVas there not at Mr. Love's a promiſe of armes, or letters?

C. Pot.

My Lord, I cannot ſay ſo.

Att. Gen.

VVat can you ſay?

C. Pot.

I have heard there was.

Att. Gen.

By whom have you heard it?

C. Pot.

I cannot ſay by whom, or who told me ſo, either Mr. Alford, or Adams, or Far, or ſome of thoſe men that uſed to meet there; for it was common, when I was not there, …or ſome or other to meet with me.

Att. Gen.

Did Mr. Love contribute to the meſſenger?

C. Pot.

I cannot ſay, he did.

Att. Gen.

My Lord, I do not ask him one queſtion, but what himſelfe hath confeſt.

C. Pot.

I do remember ſuch letters I have heard did come, but never ſaw thoſe letters; I do likewiſe remember I heard there was five pounds gathered for the meſſenger, and I do believe I contributed ten ſhillings towards it.

Att. Gen.

VVho elſe gave beſides your ſelfe, and who received it?

C. Pot.

I profeſſe, I know not.

Att. Gen.

VVhether was there not a Declaration to the Church of Scotland then publiſhed?

C. Pot.

The D…claration, I know nothing of it, you remembred me of it at the Committee, when I was firſt examined, but I knew nothing of it.

Att. Gen.

My Lord, Ask him, whether the State and Church did not write for armes and ammunition at that time after the fight.

C. Pot.

My Lord, I have heard ſo much, but cannot ſpeak poſitively or particularly to it; I have heard of ſuch letters, but cannot tell by whom: I ſaw them not.

Att. Gen.

To whom were they directed?

C. Pot.

I never heard who wrote them, nor to whom they were directed.

Att. Gen.

Was there not one letter with L. upon i…?

C. Pot.

My Lord, About the letter L. I did receive thoſe letters my ſelf, there was an L written upon them; My Lord, theſe letters came from Bamfield out of Scotland; there was in theſe letters a large Narrative of the Affairs of Scotland, from Dunbar ſight, to the time of the date of them, which I think was about Chriſtmas; this is a thing, I know better then (I am affraid I give offence by ſaying, I think, and I heard, and that I cannot ſpeak poſitively; but of this I can ſpeak poſitively.) Bamfield gave an account therein of a Narrative of two ſheets of paper, and I, and another, or two, opened them, and I carried theſe letters to Mr. Loves, there was one or two more, with me: Mr. Jaquell, and I think Dr. Drake, I cannot well tell. There was a Narrative of the Scots Affairs, and a Letter from nameleſſe perſons, which we ſuppoſed to be from Mr. Baily, and from my Lords of Argile, and Lowden, and Lothian, and others, whoſe names I doe not remember: theſe letters wrote for ten thouſand pounds, for buying of A…mes, and hiring of ſhipping; theſe letters we diſliked, and we diſſented from them, and agreed to give a negative anſwer; but we thought fit for our own ſafety, to raiſe ſome money for the meſſenger, and Bamfield, to which I contributed ten pounds. I carried all theſe letters to Mr. Loves; one or two were opened, I think we opened them, the Narrative and my Lord of Argiles letter I opened before I underſtood what they were.

Att. Gen.

Why did you carry them to Mr. Loves?

C. Pot.

There was a great deale of news in them: there was a letter L. and I did in my examination ſay, I conceived it was to Mr. Love: but now upon my oath, I do not remember very well, and I do not think it was to Mr. Love. I do confeſſe, I carried theſe letters to Mr. Loves, I, and Mr. Jaquel; theſe letters were opened, but whether Mr. Love opened them, or I, or the other, I cannot tell.

Att. Gen.

With whom did you leave them?

C. Pot.

I brought them away all of them.

Att. Gen.

VVere they not read?

C. Pot.

They were all read.

Att. Gen.

He confeſſeth further, he paid ten pounds: to whom were the letters directed?

C. Pot.

The letters had no direction at all upon them, I believe.

Att. Gen.

My Lord, Ask him whether there was not a ſum of four or five hundred pounds agreed to be raiſed.

C. Pot.

The adviſe that was given to that, was, that we ſhould do nothing in it, and we did nothing p. 25in it more then I tell you, I carried thoſe letters to them, and had diſcourſe of them, and reſolved to do nothing in them.

Att. Gen.

Why did you carry them to Mr. Loves?

C. Pot.

I went for adviſe what I ſhould do in them.

Att. Gen.

My Lord, Pray ask him concerning the foure or five hundred pounds, and for what, and whether this diſcourſe was at Mr. Love's houſe, whether there was not a Propoſition for raiſing of four or five hundred pounds, and for whom this was to be raiſed, and where to be raiſed, and by what means?

C. Pot.

I heard there was, I do not know the place where: to this I contributed ten pounds, I brought it one evening to Mr. Loves houſe, and there I left it.

Att. Gen.

Where was this money agreed to be raiſed?

C. Pot.

I cannot ſpeak to that.

Att. Gen.

VVho took the Subſcriptions?

C. Pot.

I cannot ſpeak to that neither.

Att. Gen.

Did Mr. Love contribute?

C. Pot.

I cannot ſay he did.

Att. Gen.

Was it in his houſe?

C. Pot.

I do not know that I ſubſcribed at all, I do not think there was any ſubſcriptions; I am ſure, I never ſubſcribed my name.

Att. Gen.

When you came into Mr. Loves palour, and left the ten pounds, did you not give him a twitch by the hand?

C Pot.

I cannot ſay ſo: His Examination was again read.

L. Preſ.

Is this true?

C. Pot.

The ſubſtance of it is true.

L. Preſ.

Of your own knowledg?

C. Pot.

Of my own knowledge, that I left ſo much money.

The Clerk reads more of his Examination.

C. Pot.

This is a Section I never worded, nor phraſed my ſelfe, I have heard as much as this comes to, but cannot ſpeak it knowingly.

Att. Gen.

Did you not write this your ſelf?

C. Pot.

I belive not, I cannot poſitively ſay, that Mr. Love either drew up the letter, or received the letter.

Att. Gen.

You ſay he received the letter from your owne hands?

C. Pot.

But not the letter from Titus, and Baily.

Att. Gen.

Do you know of a way of correſpondency laid at Kendal, or no?

C. Pot.

I heard there was ſuch a correſpondency.

Att. Gen.

By whom?

C. Pot.

I cannot ſay by whom.

Att. Gen.

Do you know that Groves was ſent to look for letters there?

C. Pot.

Yes.

L. Preſ.

Did Mr. Love know of it?

C. Pot.

I cannot ſay he did.

Att. Gen.

VVhat had Groves for his pains for going?

C. Pot.

Ten pounds.

At. Gen.

From whom?

C. P.

I paid it.

At. Gen.

Did you receive any of it again?

C. Pot.

I did receive ſome of it, I received two 10 s. by ſeverall perſons.

Att. Gen.

From whom?

C. Pot.

From Gibbons, and Alford, and Far.

At. Gen.

Not from M. Love.

C. P.

I do not know I ever had a farthing from him in my life.

Att. Gen.

My Lord, ask him whether there was not letters returnrd to Bamfield again, and by whom.

C. Pot.

My Lord J did receive a letter that J ſuppoſe was to Bamfield.

L. Preſ.

from whom did you receive it?

C. Pot.

Jt was left in my ſhop.

L. Preſ.

By whom?

C. Pot.

J cannot ſay by whom.

L. Preſ.

Whom do you conceive it came from?

C. Pot.

J think from M. Love or Doctor Drake.

Att. Gen.

Do you conceive ſo? My Lord, ask him whether Mr. Love or Doctor Drake was not appointed to draw the letter.

C. Pot.

When we were together, there was a negative anſwer reſolved upon, and this anſwer to the beſt of my remembrance was agreed to be drawn up by Mr. Love, and Doctor Drake: but J received this letter.

At. Gen.

And who received the thirty pounds.

C. Pot.

J cannot tel.

At. Gen.

But you ſent the letter.

C. Pot.

J did.

At. Gen.

Ask him whether he did not ſend for M. Love, and what diſcourſe paſt between them, ſince he was in priſon.

C. Pot.

J did ſend for M. Love, and he did come to me, and J deſired his counſell as a Miniſter, and J told him upon what ſcore J was queſtioned, then J was queſtioned upon M Cook only, and he gave me encouragement onelyonly as a friend and Miniſter of the Goſpel ought to do.

At. Gen.

What was that?

C. Pot.

He wiſht me to make a Chriſtian uſe of my afflictions; and gave me ſome other inſtructions, we had an hours diſcourſe, and it was all to this purpoſe: he wiſht me to make a Chriſtian uſe of my reſtraint, and to labour to get Chriſtian Wiſdome and fortitude.

L. Preſ.

What did he ſay more to you?

C. Pot.

My Lord, no more paſt between us, and J gave him an account of what queſtions J was examined upon in Cooks buſineſſe.

L. Preſ.

Did you give him an account?

C. Pot.

J have ſaid ſo, and he did adviſe me to prudence, and fortitude, and courage.

At Gen.

Did he not adviſe you to be couragious, and that unleſſe you diſcover one another, you were ſafe enough?

C. Pot.

My Lord, my keeper was with me, and we had no ſuch diſcourſe.

At. Gen.

Did he not wiſh you to be ſilent?

C. Pot.

Either then or ſince he did tel me there was a letter came from M. Drake, that told him Titus his man had taken ſome letters from Titus; but he could not conceive how it could concern me.

p. 26Att. Gen.

But did he diſcover nothing, and wiſh you to be prudent for your ſelfe, and them?

C. Pot.

He did not then.

Att. Gen.

VVhen then?

C. Pot.

I ſaw him not ſince, and he told me of Bamfields man.

Att. Gen.

How came it about Mr. Love ſpake with you?

C. Pot.

I did prevail with my keeper to go with me to dinner, and to take a glaſſe of wine, and then I provided for Mr. Loves coming to me.

Att. Gen.

What hath Miſtreſſe Love ſaid unto you?

C. Pot.

I ſaw her ever and anon.

Att. Gen.

What hath ſhe ſaid to you?

C. Pot.

She hath wiſh'd me with tears to have a care of her husband, and not to diſcover any thing, I think ſhe hath.

Att. Gen.

Did not Mr. Love ſay then, that he had been at a faſt, where you were remembred?

C. Pot.

He did ſo.

Att. Gen.

My Lord, I confeſſe, I was with this man in the Tower, as I am bound to do by my place, to examine him; he had made his examination before I came thither, and I brought it with me. My Lord, I did ask him queſtions, he did anſwer me upon knowledge, he did confeſſe the truth, but told them, Mr. Atturney Generall was pleaſed to help him to particulars, and bring them to his remembrance.

C. Pot.

I profeſſe, if it had been to ſave my life, I could not affirm them, but you putting me in mind of it, I did know of it.

Att. Gen.

At the Committee of Examinations, then he had more particulars told him, and he did confeſſe he did know them all, and he may give you an account, whether he did not give an account under his own hand: My Lord, I am not abuſed, but the Councel of State, and the Parliament are abuſed, and if this man ſhould do this wrong to Mr. Love, and informe the Court and Councel, and the man be brought upon his life, becauſe he hath affirmed it, and that ſeverall times before ſeverall Committees. This man muſt not ſcape unpuniſh'd, if for no other fault but this, to accuſe a man before Authority, and when he comes to his oath to deny every word of it. Captain Fiſher will witneſſe, that he did bring all under his own hand, and upon my credit, he did ſpeak as fully as we did open, and much more fully; and I anſwered, upon here-ſay, how do you know it? and he ſaid he did know it, he did remember it, and he did put it down poſitively, and that when Mr. Drake went, away, all the meetings were at Mr. Loves houſe, and Mr. Love did ſtill declare the occaſion of the meetings, and the letters were opened by him, and the diſcourſe upon them; and every word he ſaid upon his own knowledg.

C. Pot.

I do confeſſe again, that before Captain Fiſher, and Mr. Atturney did prompt me—

Att. Gen.

Prompt you, Sir!

C. Pot.

Before he did remember me of them, I had forgot them, as if I had never heard them; but it is one thing to remember a thing as I have heard, and as J conceive to be true, and another thing to ſwear to it poſitively: and the paper allowed me this latitude, ſome of it, I have heard, the reſt J believe, and ſome J know, and upon this account J believe it is all true.

Att. Gen.

My Lord, 'Tis poſſible, J might wiſh him to expreſſe what he did know himſelfe, and what he did know by relation of others, and ſo did ſet it down, and he did it fully and clearly; and after all this, brought it in again written with his own hand to the Councell of State.

Att. Gen.

My Lord, if you pleaſe, Captain Fiſher may go for the Originall under his own hands.

Clerk

The Originall cannot be …ound.

Mr. Love.

Here is nothing at all that concerns me about the buſineſſe of Titus, in Jerſie, and about the letter from Titus, and the copie of the letter from the King; he tels you he doth not know it was in my …ouſe, he tels you it was but a copie, not the Originall.

Captain Pot…er withdraws. Major Alford called into the Court, and takes his oath.

Att. Gen.

My Lord, let him declare what he knows either by himſelfe, or others, and of his imployment at Calice: make the whole Narrative as much as you can remember.

Major Alford.

My Lord, J was one morning wiſh'd to go with William Drake to the Swan at Dowgate, heating there was a Gentleman lately come from the Prince, where J ſhould hear all the news from beyond the Seas; when J came there, it was one Captain Titus, one whom J had never ſeen before, and he gave a relation of the good diſpoſition of the Prince, and how inclinable he was to take the covenant, and to caſt off the cavaliering party, and thoſe about him, if the…e were an opportunity to make it known, that there was a conſiderable party in England that would ſtick cloſe to the ends of the covenant. Upon that Sir, my ſelfe, and ſome others that were there, did think we were bound in duty, and in relation to the Covenant, to preſſe the ends of the Covenant, for the Prince to take it, and p. 27to proſecute the ends of it. And for that Captain Titus ſaid, if we would appoint another meeting, he would draw up ſomething by way of atteſtation or petition to the Prince to that purpoſe. My Lord, we did meet at the Bear in Breadſtreet, and there he did draw forth ſomething that he had framed to that purpoſe, and he read it; and afterwards (not at that time) it was agreed upon to be ſent over to the Prince. The ſubſtance of it, was to preſſe the Prince to apply himſelf to take the covenant, and to proſecute the ends of it; and to caſt off all his cavaliering party about him, which had brought ſo much miſchief to his father, and would do the like to him. This Captain Titus drew up, and this I believe was ſent over, for Titus undertook to ſend it over. I did ask how the Prince ſhould be made to believe, that this coming from an inconſiderable party, as we were, ſhould come under the notion of the Preſbyterian party of England, for it went under that notion? He ſaid, he ſhould undertake that by the means of my Lord Piercy. And the petition that was agreed upon, he did ſend over, I believe, for I did not carry it to the poſt-houſe, but he did undertake to do it. Afterwards he went over himſelf, and when he was over, he had information that there was notice of his being here, and of the buſineſſe he was upon; and therefore he writ over to William Drake (as M. Drake told me) that he did deſire ſome of us that knew of the buſineſſe, ſhould be ſent over to him, to receive that account from him which he had in the buſineſſe. So M. Drake did perſwade me to go over to Calice; and having ſome buſineſſe of my own, I did go over to Calice. I went from my houſe on the friday night, and I was back again on the tueſday following: And he did give me an account of that tranſaction. The ſubſtance of it was this: It was about his own troubles he had undergone there by the cavalie…ing party, in managing that buſineſſe. He had likewiſe been impriſoned, and they told him they would try him as a ſpy; and that they urged hard againſt him; and that he was in that condition till my Lord Liberton, the Scotch commiſſioner, came over; and by his means he had acceſſe to, and favour with the Prince. And that was the ſubſtance of all. He ſaid the King was averſe to the covenant, not of himſelf, but by reaſon of thoſe counſels that were about him. And this was the ſubſtance of that account he gave me of his tranſaction there at Jerſey, in reference to the buſineſſe he went upon. And this he gave me in writing, which I brought over to deliver to M. Drake, for it was directed to him, which I did deliver. Afterwards Maſter Drake carried them to Maſter Loves houſe, where they were read. And that is all as to that buſineſſe.

Then afterwards there was a commiſſion, they called it a commiſſion, it was agreed upon among us, to be ſent over to my Lord Willoughby of Parham and Maſſey, and I think Graves and Titus, that they ſhould agitate and act for us at Bredah, and to adviſe with the Scotch commiſſioners that were there, in the behalf of the Presbyterian party here in England; and that is all in relation to that. Afterward M. Drake read to me the copy of a letter in characters, which he had written himſelf in his own back-ſhop, which he told me ſhould be ſent to the Queen, which was to perſwade her to perſwade the King, as he came that way, to cloſe with the Scots, for that was the likelieſt way to make good his own intereſt; but that was at M. Drakes houſe, onelyonly between him and I. Afterwards M. Drake told me he had diſburſed money about receiving of letters, and receiving of news, and did wiſh me that I would let him have ten pounds, and ſaid he would ſpeak to ſome others of his acquaintance to do the like, and if he could get up a conſiderable ſum, I ſhould have part back again, for he ſaid the charge was too great for him to undertake; and I do think he had ten pounds of me for that. After Dunbar fight, there was I and ſome others at M. Loves, in his great lower room, where was a letter read that was ſaid to be from Major General Maſſey, that gave an account of the buſineſſe of Dunbar; and alſo did write for Arms, I know not how many thouſands; and to that purpoſe, that they might be provided by the way of Holland. But upon that, all that were there did ſay—I heard no man ſpeak of providing arms or any ſuch thing. He writ in his letter, that for his own neceſſities, and Captain Titus that was there, that a motion might be made for providing ſome money to ſend over for their ſupply; and it was then ſaid, we were ſo inconſiderable, and ſo few, that the ſum ſpoken of could not be done; and therefore it was moved, that every one ſhould do by himſelf and friends what he could. This was the ſubſtance of that.

Att. Gen.

I believe, My Lord, he hath dealt ingenuouſly with you. This in the generall. I pray you ask him, what he knows concerning any letters that ſhould have been ſent at the beginning of the change of this government to Scotland from any part of England.

Major Alford.

For that I know nothing; but heard Mr. Drake ſay, that he had correſpondency with ſome in Scotland, and I have heard him uſe one Mr. Baileys name; and he had a cypher which they writ by.

p. 28Att Gen.

For the Swan at Dowgate, he gave relation of that; but who was preſent then?

Maj. Alford.

Truly my Lord, it is ſo long ſince that I cannot poſitively tell; but I am ſure I can remember there was M. Huntington, and William Drake, and Lieut. Col. Bains: And I cannot tell, my Lord, I think there was one Mr. Hall.

Att. Gen.

Was Mr. Gibbons there or not?

Maj. Alf.

Truly, My Lord, I cannot tell whether he was there at that time or no.

Att. Gen.

My Lord, he ſaies Titus at that time did give relation of the Prince and his party. Can you remember what that relation was? and do you know whether this was not afterward communicated, and to whom?

Maj. Alf.

I have given you the ſubſtance of it; but for communicating of it, I knew it from none but onelyonly from thoſe there.

Att. Gen.

Titus took time to draw it up?

Maj. Alf.

He did ſo; and at the next meeting at Breadſtreet, there were the ſame men again; and I think at the ſame time there was Col. Barton.

Att. Gen.

Was there no mention then (when it was propounded to you to be a conſiderable party) was it not ſaid the miniſters were to be acquainted with it?

Maj. Alf.

It was asked Titus, how the King ſhould be poſſeſſed that this came from the Presbyterian party in England, becauſe it was agreed upon that there ſhould be no names uſed to it? he ſaid there needed none, but onelyonly the ingagement of the miniſters in it.

Att. Gen.

What miniſters?

Maj Alf.

Truly he did not ſpeak a word of any man that I know of.

Att. Gen.

Was it not then propounded, that Titus ſhould be ſent to the Scotch King before Commiſſioners came to him, to have a correſpondency ſettled between him and ſome others here?

Maj. Alf.

I cannot ſay at that time, but afterwards. Whether at that time or any other J cannot tell, but one time Titus ſaid, he had learned from my Lord Piercy, which had haſtened him over, that this buſineſſe was of that concernment, that they that did undertake it ſhould be there before the Scotch Commiſſioners did come. And thereupon Titus (as William Drake told me, for this was not at the meeting) was perſwaded to undertake to go about this buſineſſe.

Att. Gen.

Whether was there not ſome directions given for a letter to be written to the Queen, to prepare the Articles with the Scots?

Maj. Alf.

I cannot ſay any thing but what William Drake told me privately between him and I, as to that purpoſe, a letter to the Queen.

Att. Gen.

What was that?

Maj. Alf.

I did tell your Lordſhip.

Att. Gen.

My Lord, ask him whether he was not at ſupper with Titus?

Maj. Alf.

No my Lord, I was not there when he offered himſelf to go, as I know of.

Att. Gen.

What money had Titus to bear his charges?

Maj. Alf.

Thirty pounds.

Att. Gen.

From whom.

Maj. Alf.

From William Drake ſingly.

L. Preſ.

Did not Drake gather it up again?

Maj. Alf.

My Lord, I cannot tell; I know nothing of any man, but what I did my ſelf.

Att. Gen.

We were now ſpeaking of the meeting at Mr. Loves houſe, and of Titus letter being read, and he ſent. Let him give a particular relation of that again. I make bold to ask him queſtions to help his memory.

Maj. Alf.

The letter that was read of Titus, was not at Mr. Loves houſe, as I know of (but Mr. Drake for all things came to him; and we knew nothing but onelyonly from him; for the correſpondency was ſetled between William Drake and Captain Titus) nor at any publick meeting that I know of, but what Drake told me.

L. Preſ.

But you were at Mr. Loves houſe, you ſaid but now.

Maj. Alf.

I was, but not upon this accompt, it was after I had been over; for I do not know that ever I was at Mr. Loves houſe, or ever ſpake with him till I went over: if I have, I have forgot that ever I ſpake in my life to Mr. Love about it, till after I came from Calice; and then I did bring over a relation, and gave an account of it concerning Titus his tranſactions.

L. Preſ.

That account you gave at Mr. Loves houſe?

Maj. Alf.

No, my Lord, I gave it to William Drake, for it was directed to him; and it was three or foure daies after that we met at Mr. Loves houſe, where Mr Drake read the thing.

L. Preſ.

At what time was it?

Maj Alford.

At the time when the Scotch King was at Jerſey.

Att. Gen.

Whether did you bring from Titus a copy of a letter from the King?

Maj. Alford.

That I forgot; but Titus did ſhew me a letter, at leaſtwiſe he ſaid ſo, that he had it from the King, that he ſent to this Presbyterian party. And, my lord, he did copy out the letter, and the copy he gave me, which I did bring over.

p. 29L. Preſ.

To whom did you deliver it?

Maj. Alf.

I delivered it to William Drake, I gave it Mr. Drake himſelf, and I think at his own houſe; I think it was the ſame, and that it was read at Mr. Loves houſe. The ſubſtance of it was this, as he told me, That he took in good part the petition or application that was made to him; and if ever God did reſtore him, and that he was in a condition, then he ſhould think of it.

L. Preſ.

What did he ſpeak of a non-compliance with the preſent Government, and by whom?

Maj. Alf.

I do not remember a word of that.

Att. Gen.

What ſaid he concerning the Scots, and what he would do for the Miniſters, if God reſtored him?

Maj. Alf.

I cannot tell any ſuch paſſage, nor do I remember the particulars of it.

L. Preſ.

The letter was then read you ſay?

Maj. Alf.

I ſuppoſe it was the ſame that I gave to Mr. Drake, but I cannot ſay it was the ſame, becauſe it was not in my cuſtody.

Att Gen.

Did not you propoſe to ſend fifty pounds to Titus?

Maj. Alf.

For that, I heard ſay that there was fifty pounds ſent to him, but whether it were or no, I know nothing of it, nor did contribute to it, nor knew nothing of it.

Maj. Alf.

Did not you make a Narrative your ſelf of what you received by word of mouth from Titus?

Maj. Alf.

It is very like I did ſpeak of it to this purpoſe I tell you of, I do not know particularly what I ſaid.

At. Gen.

Did you not receive an account from Titus of his tranſaction at Jerſey?

M. Alf.

I did.

Att. Gen.

Did you not give an account of that you received from him?

M. Alf

He gave it me in writing, and I delivered it to Mr. Drake.

Att. Gen.

But when you met at Mr. Loves houſe afterwards, did you not make ſome narrative of what you received from him by word of mouth?

M. Alf.

I had it not by word of mouth, but onelyonly by the delivery of papers to me, which he could not bring over with ſafety.

L. Preſ.

Were thoſe papers read at that meeting?

M. Alf.

I tell you, my Lord, I delivered them to Mr. Drake, and Drake did reade ſome papers, and J believe they were the ſame, but J cannot ſay they were the ſame, for they were out of my cuſtody.

Att. Gen.

Who then were there preſent?

M. Alf.

There was Mr. Love, Dr. Drake, Mr. Caſe, Major Adams, Mr. Gibbons, and Capt. Far. Truly, J cannot particularly tell.

At. Gen.

This was given him at Mr. Loves houſe, and Mr. Love preſent. My Lord, I pray you ask him whether Titus his meſſage was not well approved of, and the letter of thanks to be returned, and the hundred pounds in money?

M. Alford.

I do not remember any of theſe things you ſpeak of now.

Att. Gen.

What do you remember was ſaid concerning him there?

Ma. Alf.

I do not know what was ſaid; I do not know what any man could ſay to them which were papers from him; I do not remember any particulars, it is ſo long ago; I believe now it is two years ago.

Att. Gen.

Do you not remember that this was one paſſage in the Kings letter, that the King wiſht them to ſend Commiſſioners to Bredah?

M. Alf.

I do not remember that.

Att. Gen.

But was there not a commiſſion at Mr. Loves houſe agreed upon to be ſent?

M. Alf.

That there was.

Att. Gen.

What was to be the effect of that commiſſion?

Ma. Alf.

It was to adviſe thoſe men to joyne with the Scotch commiſſioners, to take advice with them, and to accept the Presbyterian party with the King, in relation to the firſt petition that was ſent.

Att. Gen.

Was Maſter Love there?

M. Alf.

Mr. Love was there; but I do not know what Mr. Love or any man did direct in it.

Att Gen.

Who did correct thoſe inſtructions?

M. Alf.

I cannnt tell.

Att. Gen.

Who was agreed to prepare the commiſſion?

M. Alf.

I do not know, for I believe it was prepared when it came there; I heard that which we call a commiſsion read there, but who prepared it, or acted in it, I do not know.

Att. Gen.

Did Gibbons bring it?

M. Alf.

Who brought it I cannot tell.

Att. Gen.

Who were the Commiſſioners?

M. Alf.

As I remember, my Lord Willoughby of Parham, and Maſſey, and Alderman Bunce, and whether Titus and Graves, I cannot tell.

Att Gen.

Was this in Mr. Loves ſtudy, or in another place?

M. Alf.

It was in Mr. Loves ſtudy.

p. 30Att. Gen.

Was the rough draft corrected by any body or no?

Mr. Alford.

I cannot tell whether it was or no, nor can I remember any more particulars of it then what I have given you.

Att Gen.

VVhat do you know concerning any inſtructions to give power to the Commiſſioners what to do?

Mr. Alford.

At the ſame time there was agreed upon ſome inſtructions for them to walk by, which was the ſubſtance of the petition which had been formerly ſent, that is, it preſt the King to take the Covenant, and to proſecute the ends of the Covenant.

Att. Gen.

VVho carried the commiſſion and inſtructions?

Mr. Alford.

One Maſon.

Att. Gen.

Who was that Maſon?

Mr. Alford.

I did not know him, but I have heard ſay, he did belong to my Lord Piercy.

Att. Gen.

Was there not at that time ſome letters propounded to be written to the Queen, and Jermi…e, and to what purpoſe?

Mr. Alford.

I cannot tell that any of theſe things were propounded there, but Mr. Drake had told me, and read to me in characters ſome that he had writ thither.

Att. Gen.

And was it ſent?

Mr. Alford.

I cannot tell, for it was privately between him and I.

Att. Gen.

When this Commiſſion was thus brought into Mr. Loves ſtudy, was there not a queſtion propounded, what warrant have▪ we to ſend Comm…ſſioners, and by what authority, and what was the reſolution upon it?

Mr. Alford.

We…l it may be, but I do not remember it.

Att Gen.

Do you remember who went with Maſon, when he carried away this?

Mr Alford.

None went with him, but I, and Mr. Gibbons did carry the papers two or three dayes after that we had from Mr Drake, which was this commiſſion we ſpeak of, to Graveſend, to Maſon; for he was at Graveſend before, and there delivered it to him.

Att Gen

What w…s the effect of theſe inſtructions?

Mr. Alford.

The ſubſtance of them was according to the firſt commiſſion, to preſſe them to uſe all their indeavour to adviſe, and take adviſe wi…h the Scotch Commiſſioners how to preſſe the King to take the covenant, and to …oyne with the honeſt party, the Chu…ch party in Scotland; that was the ſubſtance of it.

Att. Gen.

Did he not write to you to ſend money to the King?

Mr. Alford.

I heard Mr. Drake once ſay, there w…s a letter from my Lord Piercy to that purporſe, but Captain Titus himſelf wro… againſt it.

Att. Gen.

What courſe or way was propounded to raiſe money?

Mr. Alford.

I know of nothing propounded that way▪ It was not agreed for me at that meeting to go down, but Mr. Drake ſuddenly went down, and Mr. Drake alone ſpake to me.

Att Gen.

But …e told you it was the firſt adviſe of ſome others?

Mr. Alford.

Truely, I do not remember that he did tell me ſo: there was a commiſſion and inſtructions read at Mr. Loves, but whether agreed upon there or no, I know not.

Att. Gen.

What know you ſince Dunbar …ight?

Mr. Alford.

For that, we met at Mr. Loves houſe, in his lower roo…, and there was a letter that was ſaid came from Maſſey, wherin he gave an account of that buſineſſe, how many men were loſt, and that he did write for Armes to be ſent, and in his letter did propoſe a way, as I remember, to be done by the way of Holland, I cannot tell the particular number of Armes he writ for; but for Armes; and alſo did ſpeak ſomething in it concerning his own, and Titus's neceſſity, they being there ſtrangers.

Att. Gen.

There was a Propoſition made of raiſing ſome money for ſupply of their neceſſities?

Mr Alford.

It was not to purchaſe money, or armes, for any ſuch thing, but onelyonly a Propoſition made for ſupplying thoſe Gentlemens perſonall neceſſities.

Att. Gen.

And how was that to be done?

Mr. Alford.

It was to be done among our ſelves, to raiſe ſome money; there was five hundred pounds ſpoken of, but it was impoſſible for us to do that, for us that were inconſiderable men, being men of mean eſtates, and fortunes, and ſo it was brought down to a leſſe ſum.

At. Gen.

What was that ſum?

M. Alford.

Either two or three hundred pounds, I cannot tell which.

At. Gen.

How was that to be raiſed?

Mr. Alford.

It was to be raiſed among our ſelves.

At. Gen.

And did you ſubſcribe then preſently?

Mr. Alford.

No, I did not.

Att. Gen.

Who did?

Mr. Alford.

I cannot tell that any did; for I then ſaid, that I did not know that either my ſelfe, or any there, was engaged by promiſe to do any thing for any, onelyonly for Captain Titus; for he alone was there upon our Intereſt, and therfore I ſaid, for that I would contribute ten pounds.

Att. Gen.

How much did Mr. Love contribute?

Mr. Alford.

I do not know of any particular ſum.

Att. Gen.

Did Mr. Love preſſe you to contribute, or move any to do it?

Mr. Alford.

Truly Mr. Love did move to contribution of money, for the purpoſe we ſpeak of, for the ſupply of Titus.

Att. Gen.

When was Titus there?

Mr. Alford.

I cannot tell.

L. Preſ.

Did Mr. Love move it?

Mr. Alford.

Yes, my Lord.

p. 31Mr. Love.

Was I the firſt that did move it?

Mr. Alford.

Truly, I cannot tell that.

Att. Gen.

Was it at that time that the letters were read?

Mr. Alford.

It was at that time.

L. Preſ.

And was Mr. Love there then?

Mr. Alford.

Yes, it was at that time.

Att. Gen.

Do you remember of any Declaration of the Kirk and State read at that time?

Mr. Alford.

No indeed, I do not.

L. Preſ.

You did ſay, that the Letter did mention for armes?

Mr. Alford.

But we did all every one of us diſ-avow that, but onelyonly the ſupply of their particular occaſions.

Att. Gen.

Was there no motion then made for a letter to be written to the Church of Scotland, to preſſe them to union and moderation.

Mr. Alford.

Not that I know of.

Att. Gen.

Was there not a motion of ſending fifty pounds to Colonel Graves? and what ſucceeded upon it?

Mr. Alford.

I doe not know of any particular, but only of the ſum to be raiſed in reſpect of Titus.

Att. Gen.

How ſhould your 300 l. be diſpoſed of?

Mr. Alford.

That I cannot tell.

Att Gen

For whom was it to be raiſed?

Mr. Alford.

I told the Court that it was propoſed for Maſſey, and for Ti…us.

At. Gen.

Did you pay your money?

Mr. Alford.

No, I did not pay it, for I went out of town preſently: I did promiſe ten pounds, and ten pounds J paid, but J cannot te…l to whom I paid it, I believe it was paid by my man.

Att. Gen.

Did he bring it to you upon account as paid?

M. Alford.

J believe he did.

Att. Gen.

What do you know more?

Mr. Alford.

Truly, Nothing more.

Att. Gen.

What do you know of any correſpondency ſetled at Kendal?

Mr. Alford.

N…thing at all.

Att. Gen.

This was ſince Dunbar fight. Do you know of any letters that came from the Kirk, or Lowden, or Argile, or any of thoſe?

Mr. Alford.

No, J know nothing of that.

Mr. Love.

You confeſſe you went to Callice, and brought the copie of a letter from Titus: Did J ſend you to Titus?

Mr. Alford.

No, J do not ſay you did.

Mr. Love.

It is alledged by this Gentleman, that it was ſent out of my houſe, Did J write any letter by you when you went into Holland? And upon your coming home, you ſay the copie of a letter was read at my houſe, will you ſwear I was in the roome at the time when the letter was read? I was in my hou…e, but did not I go often out and in? Sir, I do ſpeak this, becauſe ſome at the Committee ſaid, I went in and out often. Do you ſwear that I heard the le…ter read in my houſe?

M. Alford.

M. Love it was read in your ſtudy, but that you were there when the letter was read, I cannot tell.

M. Love.

He ſays he cannot tell that I heard the letter read.

M. Alford.

I cannot tell whether you might go out.

M. Love.

How long ago was this letter.

M. Alford.

I think it was at that time the King was at Jerſy, I cannot remember the month, I think about two years ago.

M. Love.

VVas the letter ſent to me, or was it received by me?

M. Alford.

I did not ſay it was, I gave the paper I brought over from Titus to William Drake; and ſome two or three dayes after, when we did meet at your houſe, M. Drake read thoſe papers, for he told me they were the ſame, but I cannot tell they were the ſame.

Mr. Love.

I deſire he may be asked whether I did give my conſent to the ſending the pretended Commiſſion he ſpeaks of.

M. Alford.

Truely, there was not any mans particular aſſent asked, that I know of.

L. Preſ.

Was it not agreed in the generall that it ſhould be ſent over?

M. Love.

I pray ask him this queſtion, did not I diſſent from ſending the Commiſſion?

M. Alford.

I do not remember it.

M. Love.

For the buſineſſe of mony, he ſaith, there was two or three hundred pounds raiſed, do you affirm I raiſed a penny?

M. Alford.

I did not ſay it was raiſed, but I ſay it was there propounded to be raiſed.

L. Preſ.

This he did ſay, There was a propoſall for the doing of it, and you did perſwade the doing of it; and he left ten pounds with his man afterwards.

M. Love.

Ask him whether there was not a letter at that time read, that Maſſey was withdrawn at that time in diſcontent from the Court?

M. Alford.

I do not remember that particular.

M. Love.

Ask him whether the mony was ſent to buy armes, or raiſe forces, or only to ſupply his wants, he not having a livelyhood.

M. Alford.

It was not for armes, but it was for Maſſey and Titus, to ſupply their neceſsities.

M. Love.

But he proves not that I lent any.

M. Alford.

I do not ſay you did.

Att. Gen.

Obſerve Sir, there was a letter for armes at M. Loves houſe, read there, and M. Love p. 32did propound three hundred pounds to be raiſed, and preſt the doing of it accordingly. M. Alford did likewiſe lend ten pounds; you may beleeve there hath been tampering with this witneſſe too. My Lord, ask M Alford whether there was not a letter brought to him by his Siſter.

M. Alford.

My Lord, after I had liberty for my wife to come to me, ſhe did give me a paper, which I knew was my Siſters hand; if I ſaw the thing I could tell, but it did miſcarry.

Captain Fiſher.

My Lord the meſſenger is here in the court that did take the letter, of which this is the true Copy word for word.

Major Alford withdrawes, and Major Huntington is called into the Court, and is ſworn.

L. Preſ.

What do you know about M. Loves houſe, about the Commiſsion, and Captain Titus?

M. Huntington.

My Lord I can ſay, that about March, 1648. I met with Major Alford, and he told me that Titus was in town, and asked me if I knew him, and I told him, I; and asked him where he was, he ſaid he was newly come from beyond Sea, from the Fry, there being Alderman Bunce; I asked him where he was, he ſaid little to me; but he ſaid he was to meet him the next day at the Swan at dowgate, that there was to be ſome Citizens in order to thoſe Gentlemen beyond the Seas, to ſpeak with him there. I did meet, and the Citizens there were Col. Barton, Col. Vaughan, Captaine Maſſey, L. Col. Bains, and I think Hollis his man, I am not certain of it; but Captain Far was there: the buſineſſe at that time, was only commendations from their friends there; and to tell them that he was commended to their acquaintance. And afterwards, he grew into very high praiſes of the Prince, and that he had the knowledge of it from a Scotch Lord, I know not his name. After this he told them the Prince was running very unhandſome courſes, and they had very great hopes, that his own inclinations did not lead him to it, but it was the Malignant party about him, that had a prevalency over him there, as over his Father here; but he did rather incline to join with the Jriſh Rebbels, and did beleeve he would incline that way, unleſſe he could get ſomething from hence, to divert him from i…; whereupon he did hope they would all ſet themſelves that way, and that he would get letters from perſons of honour (whom I know not) that ſhould perſwade him into a good belief of the Scots, and to take the Covenant; after this there was a meeting again, I think fourteen days after, at the white Hart in Breadſtreet, and there I met too; in the time that I was there, I did underſtand there had been a meeting or two before in order to the buſineſſe, & Captain Titus did declare he had now again letters from perſons of honour, to ſend to my Lord Piercy, and did hope they would ſet ſomething a foot amongſt themſelves of the like conſequence: for Maſſey, Bunce, and Graves could ſee no way under the heavens but for the King to take the Covenant, and joyn with the Scots, and to engage the Covenanting party here. And to that purpoſe, he draws forth a paper that did purport that they were bound in honor, and juſtice, and conſcience, and I think Loyalty, to maintain him in his juſt rights, if he would go and joyn with the Covenanting party in Scotland; and that he had no other way under God, but that; which if he did, they took themſelves bound in Conſcience to help him to his juſt rights. Upon this L. Col. Bains makes objection to it, and ſaid, it was a Malignant buſineſſe; and did fear there was no good deſigne in the thing, and thereupon they did break up. I cannot tell whether it was ſent or no, for they were affraid he would betray the buſineſſe.

After that I was told by Major Alford, that Bains told them, he was very ſorry he ſhould meddle in that buſineſſe, and that they would never proſper, that had any thing to do with him, for that the ſins of him and his Father were ſo great; whereupon they were very wary and affraid he would diſcover the buſineſſe. And he, I think, knew no further. After this, I did underſtand this letter was ſent to the Prince, and I was told ſo by M. Alford, that it was ſent in the name of the ſecluded members, and Miniſters, and Citizens, and ſouldery, and Noblemen; I remember it fetch'd a great compaſſe: wherupon when the Prince ſaw this letter, and had it from my Lord Piercy, he ſtormed at it, & ſaid, Who are theſe Noblemen, and the reſt? What can they do for me? can they raiſe me ten thouſand men? Wherupon there was nothing done, but Titus retired himſelf to his mothers houſe, & there lived about three quarters of a year, and came to town after, & did ſolicite his own buſineſs. A little after this, I heard (upon the buſineſſe of the Scots) that there was another letter ſent that did begin the thing again, and now the Prince had conſidered of the thing, and ſent over the letter, and I heard, that it was to the Miniſters of London. I did not ſee the letter, but Alford and Drake told me it was ſo. After this Titus was ſent away, and that with a ſum of mony, as I heard; who lent the mony, J cannot tell, and what ſum J know not: but preſently after this, J coming to town out of the Weſt, in March 1649. in the beginning of March, the day of my coming to London, after J had been here one or two days at moſt, J p. 33met with Hollis his man in Fleet-ſtreet, I do not know his name, he met me, and I asked him what news? he told me, he wondred that I was a ſtranger: and I asked him, what news? ſaith he, if you come to M. Love's houſe, you ſhall hear newes; what is your buſineſſe there, ſaid I? he ſaid, it was to pray together, and to hear the newes: I went about nine of the clock, and prayer was over, and the news a great part was over: but after I did come there, that I did hear, was this; William Drake pulled a paper out of his pocket, that I underſtood he had put into his pocket, or withdrawn, becauſe of a ſtranger, and afterwards he took it out again. The ſubſtance of the paper was to this pu…poſe, as I remember, it was in characters, and pulled out of his pocket, and by him read: In the name of the Commiſſioners commiſſionating the Lord Willoughby of Parham, Major Generall Maſſey, Colonel Graves, Captain Titus, and Alderman Bunce, in order to the Treaty, in the behalfe of the well affected party in England, and theſe to joyne with the Scotch Commiſſioners, according to ſuch inſtructions that ſhould be therewith incloſed. And ſome body asked him, what power have we to give ſuch a commiſſion? it was anſwered again by Wiliam Drake, that we have the Kings command for it, and wee have likewiſe the authority of ſome prudent Parliament man, whom wee look upon (ſaith he) beyond the power of them that now ſit: whereupon M. Love replies, Come, come, let it go▪ and after that I knew nothing.

Att. Gen.

Repeat that again?

Huntington.

When the queſtion was asked, what power have we to ſend or give commiſſion, ſaith Drake, we have the command of the King to do it; beſides, we have the authority of ſecluded Members; whereupon Mr. Love replied, Come, come, let it go.

Mr. Love.

Pray, ask him this one queſtion, Were there no ſpeeches between William Drakes words, and thoſe words he pretends were mine?

Huntington.

J remember none.

Huntington withdraws. L. Colonel Bains, is called into the Court, and is ſworn.

L. Preſ.

Speak what you know of this buſineſſe?

Bains.

My Lord, Concerning any thing that came from Scotland, I never knew any thing, nor did I ever hear any thing; for Dowgate, J was at two meetings at Dowgate; At the firſt meeting, there was a perſon that J did not know, which at the ſecond meeting, J was told was Captain Titus, and he at that meeting (where there was nine, or ten, or more, or thereabouts,) he did propoſe ſome thing to be done in order to the reſtoring or preſerving the Presbyterian Jntereſt by way of application to the King, as he called him, and did adviſe it to be by way of petition, and that he conceived to be the onelyonly way to preſerve the Presbyterian Jntereſt in England; and that way would be the way to aſſure him, he had a conſiderable party in England; and he did uſe many arguments, as a duty lying upon us by our Covenant, to apply our ſelves to him, and he offered to draw up a draught of a petition againſt the next meeting to that purpoſe: and he ſaid, it was neceſſary ſome thing ſhould be done by ſome Parliament men, and ſome Miniſters, and ſome Citizens, that were leading men, men that thereby he might be aſſured that he had a party, and that conſiderable. At the next meeting, which was ſuddenly after, he did produce a paper, which, as J remember, was in ſhort hand; a petition, which was to the purpoſe J have hinted. There were ſeverall debates, whether it ſhould be ſigned, or not ſigned, and my ſelfe, and two more before diſliked it; and before he read the paper, he began to commend the good nature of the King, what good affections he had, and likewiſe did ſay, there was a neceſſity ſomething ſhould be done to the Queen, and Jermine, and Piercy; who he ſaid, were our friends, that they ſhould ſtir him up to comply with the Scotch Commiſſioners; and upon this there was my ſelfe, and two more there preſent, (I hope it ſate upon them, as upon my ſelfe) diſliked the buſineſſe, and from that time for my own part, I never heard any thing; the heads of the Petition I cannot ſuddenly remember. This paper carries the ſum and ſubſtance of the buſineſſe.

The Clerk ſhewes him a paper which he had formerly given in.

Bains

This paper, if it be not interlined ſince, it was of my own dictating, and writ with my own hands, he looks upon the paper. I ſee no alteration made at all.

L. Preſ.

And this you deliver upon oath?

Bains

Yes, upon my oath, to the beſt of my remembrance. And as to the Priſoner, I can ſay nothing.

Bains withdraws.

Major Adams is called into the Court, and ſworn.

L. Preſ.

Declare your knowledge in this buſineſſe?

M. Adams.

Touching Alderman Bunce and Maſon, I know ſomething by relation touching the correſpondency with them.

L. Preſ.

Tell the manner of it.

M. Adams.

I conceive it was carried on by Mr. Drake, that is now abſent; and in Scotland, by one Baily.

p. 34Att. Gen.

VVhat do you know of Maſon, and of letters ſent by him?

Mr. Adams.

Maſon I do know, and I do know he did receive letters.

L. Preſ.

From whom?

M. Adams.

He ſaid, from my Lord Piercy.

Att. Gen.

To whom were thoſe letters communicated here?

M. Adams.

They were communicated to M. Drake, and by M. Drake, to my ſelfe, and M. Alford, and C. Potter, and C. Far.

Att. Gen.

VVas M. Love privie to it?

M. Adams

I cannot ſay that, my Lord.

Att. Gen.

VVere there not letters ſent to Scotland to them, and back again hither about ſending moderate propoſitions to the King?

M. Adams.

There was ſuch letters.

L. Preſ.

VVho writ them?

Mr. Adams

That I cannot tell.

L. Preſ.

Had Mr. Love a hand in them?

M Adams.

I cannot ſay he had. I cannot prove a negative, I cannot ſay he had not.

Att. Gen.

What know you of the petition ſent to the King?

M. Adams

I know nothing of it, only I was told of it.

L. Preſ.

Who told you of it?

M. Adams

I cannot my Lord fix it upon any particular man, but I believe I was told of it by Alford, or Far, or Bains; for I was not there at that time.

L. Preſ.

What do you know about the meeting at the Swan at Dowgate?

Mr. Adams.

My Lord I was not there.

At. Gen.

Then my Lord, he may tell you what he doth know?

Mr. Adams.

My Lord, upon our meeting in ſome place or other, I cannot tell where, I cannot tell the time, nor the place, but either at the Swan in Fiſh-ſtreet, or at the Swan at Dowgate, or in Cateaten ſtreet; in one of theſe three places, I cannot punctually remember.

Att. Gen.

Who was at that meeting?

Mr. Adams.

Mr. William Drake, Captain Titus, Major Alford, Captain Far, Captain Potter, and my ſelfe; and I do not know how many more, or whether any more, or no.

L. Preſ.

What paſt there?

Mr. Adams.

It was there agreed, that Captain Titus ſhould go over to Jerſy.

Att. Gen.

What was he imployed about?

Mr. Adams.

The end of his going, was to endeavour to work an agreement between the King and Scots, according to the Covenant. That was the end that was propounded. And in order to his going, wee did agree to furniſh him with money for the preſent, and made ſome kind of promiſe to maintaine him while he was out.

Att. Gen.

What money was he furniſhed with?

Mr. Adams.

I cannot be punctuall in that, but about a hundred pounds.

Att. Gen.

Who ſhould pay it?

Mr. Adams.

I paid twenty pounds of it, but I cannot tell who paid the reſt.

Att. Gen.

To whom did you pay it?

Adams.

To Mr. Drake.

Att. Gen.

My Lord, Ask him whether when this was ſent to Jerſy, was there not a return made?

L. Preſ.

Well, go on, There was your twenty pounds gone?

Mr. Adams.

This is the ſubſtance of what I can ſay of his going.

Att. Gen.

Was this twenty pounds that you laid out of your owne, or did you collect it of ſome of the reſt, or did you gather any of it again?

Mr. Adams.

I cannot ſay that I did.

L. Preſ.

Did you not?

Mr. Adams.

My Lord, I tell you the truth, I doe not know whether I did, or no; for I remember it was determined that we ſhould gather it at that meeting?

At. Gen.

Did not Mr. Love know of the collection?

Mr. Adams.

I cannot ſay he did, it may be, he might, but I dare not ſay upon my oath, that he knew of it.

Att. Gen.

Ask him what return Titus made, what anſwer, and what account he gave?

Mr. Adams.

M. Alford went to Calice to meet Titus, and Titus did ſend word that the Councell of State heard of his being there, and thereupon deſired that ſome body might be ſent over to him; for he had ſomething to communicate which he could not well do by writing, and thereupon Mr. Alford was ſent.

Att. Gen.

My Lord, Ask him where the letter was read?

Mr. Adams.

The letter that Titus ſent, was read by Mr. William Drake.

Att. Gen.

Where?

Mr. Adams.

At his houſe, as I think, for I cannot certainly remember, I did not ſay, upon my Examination that it was read any where.

Att. Gen.

Whether were not you moved to go?

Mr. Adams.

There was ſome motion to that end.

L. Preſ.

VVho moved it, and where?

Mr. Adams.

VVho moved it, I cannot tell; it was moved, I think, in Mr. Loves Chamber.

Att. Gen.

Was Mr. Love there?

Mr. Adams.

He was there.

Att. Gen.

Did Mr. Love move it▪

Mr. Adams.

I cannot ſay he did.

L. Preſ.

He will not ſay it?

Mr. Adams.

I cannot ſay it upon my oath.

Att. Gen.

My Lord, ſo much he ſaith, that it was moved in Mr. Loves chamber, then he may give you an account of Mr. Alfords return, and where the account was given?

Mr. Adams.

The returne of Mr. Alfords account was given at Mr. Loves houſe.

L. Preſ.

VVhat was it?

Mr. Adams.

The return he made in generall was by a Narrative, and a copie of a letter from the King: there was with the Narrative that which was ſaid to be the copie of a letter from the King.

L. Preſ.

What was the ſubſtance of that letter?

Mr. Adams.

The contents p. 35of the letter, as I remember, was firſt, he expreſt a great deal of affection to the Miniſtry of England in generall, and promiſed great favour when he was in a condition to do it, and deſired them to continue ſtedfaſt in the way they were in.

Att. Gen.

Was this letter publiſhed at Mr. Loves ſtudy?

Mr. Adams.

It was read.

L. Preſ.

Was Mr. Love there?

Mr. Adams.

Truly, to be poſitive, that Mr. Love was there, I dare not ſay; but Mr. Love was there at that meeting, either at the, beginning or ending, but whether the letter was read at Mr. Loves houſe I dare not ſwear; the Narrative from Titus, was a very long one, and very well drawn, I cannot give an account of it now: the whole of it was after this manner; To give an account to us of all the tranſactions that had happened ſince his going out of England, he did give an account of his uſage by the Cavalier Party, that was againſt the Kings agreement with the Scots, becauſe there was ſome did incline to his agreement with them, and there was another party was much againſt it, and he gave a very large account of that▪ after that he went on deſcribing his diſpoſition and condition.

Att. Gen.

This was the ſubſtance of the reſt. Was there not ſome propoſitions for giving of thanks to Titus, for his ſo wel managing his affairs there?

Mr. Adams.

There was a motion made by ſome body.

L. Preſ.

Who made the motion?

Mr. Adams.

I cannot tell.

Att. Gen.

Was not an hundred pounds more to be ſent agreed upon there?

Mr. Adams.

I think ſo.

Att. Gen.

There was more money contributed, who agreed to lend any?

Adams?

Sir, To that queſtion, I cannot ſay, who propounded it; but that there was money ſent.

L. Preſ.

Who contributed?

Mr. Adams.

I did my ſhare.

L. Preſ.

How much was that?

Mr. Adams.

As I remember, ten pounds.

Att. Gen.

To whom did you pay it, and where did you pay it?

Then they ſhewed him his Examination.

L. Preſ.

Come, look upon it, and be well adviſed.

Adams looks upon his Examination.

Mr. Adams.

I paid it to Mr. Drake at his fathers ſhop in Cheap-ſide.

Att. Gen.

Next about the Commiſſion and inſtructions to be ſent, what do you know of that? when this letter was read from the King, and publiſhed in Mr. Loves ſtudy, whether was there not a Commiſſion agreed upon, to give inſtructions to treat with the King at Bredah?

Mr. Adams.

There was a motion made at Mr. Loves houſe, that there ſhould be a commiſſion and inſtructions drawn and ſent; the motion was made at Mr. Loves houſe, they … there ſpoken of.

L. Preſ.

By whom, who did the Dialogue run between? Did Mr. Love do it?

Mr. Adams.

Truely, for my part, I did not then take ſuch ſpeciall notice, that I dare at this time upon my oath, deliver any thing poſitively againſt any particular man, but generally all ſpake ſomething, as I remember.

Att. Gen.

Was there any debate to mend the inſtructions?

Adams.

Truly, Sir, not as I remember.

Att. Gen.

Did not Mr. Gibbons bring the rough draft of the Commiſſion?

Mr. Adams.

Truely, I think he did, as I remember he did, I have ſpoken of the Comiſſion and inſtructions that were debated then and there, and that many of theſe perſons here mentioned, were there; but that ſome of them mentioned, might not be there then, is very likely.

Att. Gen.

Was Mr. Love there?

Mr. Adams.

That he was there ſome part of this time, I am very confident.

L. Preſ.

Was it in his ſtudy?

Mr. Adams.

It was.

Att. Gen.

Was there a Commiſſion agreed upon to be ſent?

Mr. Adams.

For the word agreed, I cannot tell what to ſay to it; Agreed, holds forth as if a vote paſſed.

L. Preſ.

Was there not a generall conſent?

Mr. Adams.

Being upon my oath, I deſire to be cautious, for I muſt be tender in ſpeaking the truth in this caſe, and I do not know what to make of the word agreed.

L. Preſ.

Was it approved of?

Mr. Adams.

To my underſtanding the thing was thus, that at ſuch meetings as theſe, we were not abſolutely formall, as if we had been eſtabliſhed by a Court of Juſtice, to act thus, and that there ſhould be prefaces, and ſuch things, or ſuch methods obſerved, as that any man undertook to make a preface, either at the beginning, or concluſion, but it was ſpoken to by many perſons, and by every perſon ſpoken to, and in this ſenſe it was agreed.

Att. Gen.

Were there not inſtructions agreed upon, and all this in M. Loves ſtudy?

Mr. Adams.

It was ſo.

L. Preſ.

Were they not read there?

Mr. Adams.

I think they were.

L. Preſ.

Who read them?

Mr. Adams.

I cannot tell who read them, but they were read, and I think Mr. Drake read them▪

Att. Gen.

What was the contents of the Commiſſion?

Mr. Adams.

The contents or the ſubſtance of the Commiſſion was to this effect.

This he reads out of his Examination.

We the Presbyterians of England, do authorize you the Lord Willughby of Parham, Edward Maſ-Maſſey, p. 36Richard Graves, Cilas Titus, and James Bunce, to aſſiſt our Brethren, the Scotch Commiſſioners in their Treaty with the King, according to the inſtructions annexed, I dare not ſwear it in theſe words, but to this purpoſe it was; The ſubſtance of the inſtructions were to uſe all the arguments they could to move the King to give the Scotch ſatiſfaction, and to take the Covenant; ſuch arguments were mentioned, as the then condition of affaires beſt afforded, particularly how things ſtood in England at that time: which did all of them cry out for an agreement, and gave them full power as to all things, and what ſhould be concluded by them, ſhould be confirmed by theſe here; but I cannot ſay ſo, but what words were, were to this purpoſe, ſaving this concluſion, that what was concluded, ſhould be confirmed here, I do not remember that.

Att. Gen.

Was there not ſome debate by what warrant they ſhould act in this Commiſſion and inſtructions?

Adams.

There were ſome ſuch words at the meeting.

L. Preſ.

What did Mr. Love ſay?

Adams.

I cannot remember what Mr. Love did ſay, or whether he ſaid any thing or nothing at that time, but that there were ſuch words ſaid, I have ſaid it, but by whom, I cannot fix it upon any particular pe…ſon.

Att. Gen.

Was it not debated by what warrant they ſhould derive power to themſelves to ſend this Commiſsion?

Adams.

There was ſuch language, but by whom, I cannot ſay, I thinke by William Drake ▪ It was becauſe the King had writ this letter, wherein he deſired there ſhould be ſuch inſtructions; there was ſomething ſpoken of the ſecluded members, but by whom, I do not know; there was a Propoſition whether the authority ſhould be taken from the ſecluded Members, or from ſome other.

Att. Gen.

Did not Mr. Love then ſay, Come, let it go on.

Ad.

I dare not ſay ſo.

Att. Gen.

Was it not propounded at the meeting to write to the Queen, and to Jermine, and Piercy, for them to mediate with the King to agree with the Scots.

Adams's Examination was here againe read.

Adams.

My Lord, So much of this, as I think to be true, I ſhall own.

Att. Gen.

Was there not a letter writ from Piercy, that a conſiderable ſumme of money was fit to be ſent to the King, and what anſwer was given; was it not to be done till the King and Scots ſhould agree, and then to raiſe the money?

Adams.

That there was ſuch a letter writ, I muſt needs acknowledge.

Att. Gen.

Where … it read? at Mr. Love's houſe?

Adams.

No certainly, I onelyonly ſaw it in Maſon's own …, and I remember he ſhewed it me.

Att. Gen.

Next ask him whether there was not a letter written about Auguſt laſt to ſome here, that Maſſey had back friends in Scotland, complaining he could not be promoted there?

Adams.

I did underſtand there was ſuch a letter, but by what way, I do not know.

At. Gen.

Was not the letter communicated at M. Loves houſe, and were not you preſent when this letter was read at Mr. Loves houſe, wherein Maſſey complained he had back friends in Scotland?

Ad.

No certainly, that letter▪ was not to my remembrance read there, I heard of ſuch a letter, but ſaw it not.

Att. Gen.

My Lord, ask him whether he was not appointed to draw up ſome letters.

Ad.

There were ſome I ſhould have had a hand in drawing.

Att. Gen.

Who were appointed with you.

Ad.

As I remember, Captain Potter, Captain Maſſey, and M…. Gibbons.

Att. Gen.

But was there no meeting upon it, was M. Love named?

Adams.

Mr. Love was not named.

Att. Gen.

Was there not one Sterks a Scotch Agent here, that kept intelligence from Scotland?

Adams.

I know, there was ſuch a one, we took to be an Agent here.

L. Preſ.

Did he meet at your meetings?

Ad.

Yes, he did meet ſometimes.

Att. Gen.

Was he at Mr. Loves houſe at any time?

Ad.

That he was.

Att. Gen.

When the Act came forth for baniſhing the Scots, was there not a collection for his charges, and were not you at M. Loves houſe when it was agreed to?

Adams.

I was not.

Att. Gen.

Did you contribute money?

Adams.

I did contribute 10 or 12s. I cannot tell which.

Att. Gen.

What diſcourſe upon Dunbar fight was there from this perſon that is already ſpoken of?

Adams.

This is the thing, if you pleaſe to help my memory; for there were ſo many particulars in this correſpondency, that I cannot tell whereabouts it is I am to ſpeak to, I am very uncertain where abouts it is a Im to ſpeak to.

L. Preſ.

Speak the certainty as it was in your breaſt.

Ad.

My Lord, if it be doubtfull to me, how can I be certaine, and charge it upon my memory?

L. Preſ.

Speak the truth?

Adams.

I will ſpeak the truth.

L. Preſ.

Do ſo then?

Here again Adams looks upon his Examinations.

Adams.

There is ſome of it I did ſet down, that I dare not own upon my oath, I then did deliver it ſo when I ſet it down.

p. 37Att. Gen.

Did Mr. Love know that this Scotch man was the Scotch Agent? did you not take notice that Mr. Love took notice of him?

Adams.

I do think he did, as farre as I underſtand, he did.

Att. Gen.

Did not Mr. Love generally tell you the cauſe of the meetings?

Adams.

No Sir.

Att. Gen.

Did you not hear Mr. Love ſay, that this Sterks was the Scotch Agent?

Adam.

I never heard Mr. Love ſay ſo, but I knew this, that by our uſuall meetings Mr. Love did underſtand him as I did, to be the Scotch Agent.

Att Gen.

How often did you meet at Mr. Loves houſe?

Adams.

I cannot tell, it may be ſeven, or eight, or ten times; an uncertain time.

At. Gen.

He was at Mr. Loves ſtudy?

Adams.

Whether ſo many times, I know not.

Att. Gen.

My Lord, ask him whether it was not at Mr. Loves ſtudy when mony was propounded to be raiſed for Maſſey, and Titus.

L. Preſ.

Was that in Mr. Loves ſtudy?

Ad.

I cannot tell▪ whether it was in his ſtudy, or in the lower room, I am apt to believe it was in the lower room.

Att. Gen.

Was Mr. Love there?

Adams.

Certainly, he was there.

L. Preſ.

What was the contents of the letter?

Adams.

The contents of the letter I cannot remember.

Att. Gen.

Whether did it not declare the poverty of his condition? And was it not after Dunbar fight?

Adams.

Yes, it was.

Att. Gen.

Was this letter from Maſſey, read at Maſter Loves houſe, was this for money?

Ad.

It was.

L. Preſ.

Was it agreed for money to bee raiſed?

Adams.

If you take the word agreed, as I formerly propounded, it was ſo.

Att. Gen.

How was the money to be raiſed, and in what manner?

Adams.

It was by thoſe that were privy to the contribution.

Att. Gen.

Was not Mr. Love there, and did not he write down the ſums that were to be contributed?

Adams.

This I muſt needs ſay, that Maſter Love had papers in his hand, and hee did write ſomething, but I did not ſee what he did write, and every man did write that was there.

Att. Gen.

Did not you conceive ſo, that Mr. Love ſummed up every mans ſum? did he put the letters of their names before them, when he writ the ſums?

Adams.

I cannot ſay that.

Att. Gen.

Was not there a letter penn'd by Maſter Love, and Doctor Drake?

Ad.

To that queſtion, I muſt ſay there was a letter, but I cannot deliver it upon my oath that it was penn'd by Maſter Love, or Doctor Drake, but it was taken to be ſo, and I thought it was ſo.

Att. Gen.

To whom was that letter directed?

Adams.

I cannot tell to whom.

Att. Gen.

To whom was it declared to be directed? to whom was it declared to be written?

Adams.

To the Generall Aſſembly and Kirk of Scotland.

L. Preſ.

Was this at Mr. Loves houſe too?

Adams.

It was ſo.

Att. Gen.

Was Mr. Love preſent, and did approve of it?

Adams.

Mr. Love was preſent at ſome time of this meeting: the reaſon why I thought it to be of Maſter Loves, or Doctor Drakes drawing, was nothing but meerly the language of it, it being in order to promote the ends of the Covenant, and all the whole language was couched to that purpoſe, and taking notice of the want of reſpect to Maſſey, and the Engliſh, and of their being beaten.

Att. Gen.

My Lord, This is very high; for he tels you this letter was approved of, and directed to be ſent, and this was after Dunbar fight, after we were ingaged in bloud.

Here Adams read out of his Examination, as followeth:

Adams.

There was alſo a large letter in the nature of a Declaration penn'd by Maſter Love, and Doctor Drake, and approved of by moſt of the Presbyterian party, Miniſters, and other, and directed to the Generall Aſſembly, and Kirk of Scotland, ſubſcribed by none, which contained the ſubſtance of what was declared by Titus, and Maſſey, but durſt not promiſe any great ſums of money till they appeared more conſiderable, and grew nearer action; the buſineſſe required higher ſpirits then was for the preſent, and the buſineſſe required a conſiderable ſumme: but to leave no means un-attempted when the buſineſſe was ſeaſable. So far he reads.

Att. Gen.

Major Adams is now upon his oath to tell you.

Adams.

My Lord, As well as I remember, it did put forth much after this ſort, but I cannot ſwear it in theſe words, but that is the ſubſtance of it.

Att. Gen.

Was not this agreed and declared at Mr. Loves houſe, that ſuch a letter ſhould be written to the Honourable Committee, and to the Kirk.

Ad.

I anſwer, that after the ſame manner as all other things are agreed at ſuch meetings as this is, but I have no ground, and do not know why I ſhould ſay Maſter Love and Doctor Drake penn'd it.

p. 38Att. Gen.

Ask him for the ſubſtance of the letter, whether it were not as he hath told you, and whether he did not ſay, they could not promiſe a conſiderable ſum of money.

Adams.

Certainly, either in that letter, or ſome other, there was ſome ſuch expreſſions.

L. Preſ.

VVell, it was about that time, and in that letter, or in ſome other letter, and at M. Loves houſe.

Att. Gen.

My Lord, Ask him if there was not an Agent come from Scotland, and a way laid at Kendall for a correſpondency between theſe Gentlemen here, and ſome of Scotland, and whether one Groves was not ſent thither?

Adams.

That was ſomething obſcure; that there was ſuch a thing, I do verily believe, becauſe it went amongſt us for a truth, but how to make it out for a truth upon my oath, I cannot tell.

L. Preſ.

Did Mr. Love know of it?

Adams.

I do not know.

Att Gen.

Ask him what he knows concerning Colonel Bamfield's man coming hither?

Adams.

Concerning that I know nothing, but I confeſſe I had ſome Item, that at that time there was ſomething found; and this is all I can ſay to that, I cannot gueſſe the time.

Att. Gen.

Was it after the fight at Dunbar?

Adams.

Yes, that it was.

Att. Gen.

Were the meetings at Mr. Loves houſe?

Adams.

I cannot ſay all, but all that I know of, were.

Att. Gen.

Ask whether upon the large letter, Maſſey did not write that things were well ſetled in Scotland?

Adams.

Many of theſe things were underſtood ſo, and taken for granted amongſt us, but I can ſay no otherwiſe, I thought it to be ſo; but I know not.

Att. Gen.

Were you not preſent, or at Mr. Loves houſe, when theſe letters were read, that they were in a hopefull condition?

Adams.

I cannot ſay ſo.

L. Preſ.

What can you ſay?

Adams.

As before. That it went for a truth amongſt us, and that is as much as I can ſay to it.

Att. Gen.

Was there not a large letter inviting your friends to union?

Adams.

I underſtand the other letter to be this you propound to me now.

Att. Gen.

Now we ſpeak of a letter from Alderman Bunce, and others?

Adams.

I cannot ſpeak particularly to that; for I did not ſee them, but they were told me by one or other of thoſe that were of the correſpondency, and this is all I can ſay.

L. Preſ.

What is the truth? Doe you conceive it is ſo?

Att. Gen.

My Lord, we ſhall not trouble him with that, my Lord. Ask him one queſtion more, What did Mr. Love tell you, that if the Presbyterians got the upper hand again?

Adams·

Thoſe words, I think, did but amount to this, that if the Presbyterians were in armes again, by the bleſſing of God, the Cavaliering party might be prevented from getting the day.

L. Preſ.

Who do you mean by the Correſpondents?

Adams.

By correſpondents I mean Alford, Potter, Far, &c.

L. Preſ.

Was not Mr. Love one of them?

Adams.

I took him to be ſo, my Lord.

Mr. Love.

My Lord, I pray ask him, whether any of theſe pretended or ſuppoſed letters, were ever received by me, any one of them, or that I writ one of them, or mended one of them.

Adams.

I cannot ſay that ever I ſaw him do any ſuch thing, nor did I ever ſee him write any.

L. Preſ.

But you ſaw the letters there?

Adams.

That I have ſaid.

Mr. Love.

Ask him whether I gave my conſent to the ſending away of this he calls a commiſſion, and inſtructions, about the time of the Treaty at Bredah.

Adams.

No, I will not ſwear that, and upon my oath I cannot.

L. Preſ.

Will you not, I will preſſe you to nothing, you ſaid even now, you did not know he did ſend them away, but you did ſay, he was privy to them, and to the debates of them: did he declare any diſſent?

Adams.

I cannot ſay that.

M. Love.

Will you ask him this queſtion? Whether he read the letters that he pretends were ſent into England, or Scotland, or whether he heard them read?

L. Preſ.

That he ſwears?

Adams.

I did not ſwear that theſe were the contents of them exactly. I was there when theſe letters were read.

Mr. Love.

He onelyonly heard them read.

L. Preſ.

If there were halfe a ſcore that had correſpondency, and received letters, and come together, and one of the moſt confiding men read them, will any man ſay, that he will not believe theſe were right read, ſuch a hear-ſay as this, is ſuch a hear-ſay as you may take notice of.

M. Love.

But let him prove how it was a correſpondency on my part.

Adams.

I did not ſay that Mr. Love was one of the Correſpondents, I deny that I ſaid ſo, I ſaid I conceived him to be ſo, but that is not, that he was ſo.

L. Preſ.

They did debate together, and met together, and received inſtructions, and therefore he may very aptly conceive he was a Correſpondent?

Mr. Love.

Doth he ſwear that J aſſented?

Adams.

J did not ſwear ſo?

Mr. Love.

He ſaith, money was ſent to Titus, pray ask him whether by Agents J imployed?

p. 39Adams.

I cannot ſay ſo.

Mr. Love.

Here is no proof at all, that ever I received Letter, or Writ or ſent any Letter: Pray ask him if I knew before they came to my houſe, that they would bring ſuch letters with them. Do you ſwear that I was preſent in the room at the time that the letters after the defeat at Dunbar were ſent, wherein there was, as you ſay, a promiſe of aſsiſtance?

Adams.

You were there ſome part of the while.

Mr. Love.

Ask him whether he was not threatned with death, in caſe he would not, and promiſed favour in caſe he would bring in evidence againſt me.

Adams.

I cannot ſay I was threatned with death to that end.

Mr. Love.

I ſhall bring a witneſſe that ſhall prove from his own mouth, that he hath confeſt, if hee did not bring in evidence againſt me, he ſhould be hanged.

Adams.

It is true, Percival did come to me, and I did ſay to him, that upon my examination, I did ſay, if I were not ingenuous, I was threatned to be hanged.

Att. Gen.

When a man is a Traytour and doth confeſſe, he deſerves mercy.

Mr. Love.

Ask him whether he hath not received money to give in this information againſt me.

Adams.

I have not.

Mr. Love.

Did not ſome meſſenger come to you, ſome months ſince, from ſome members of the Councell of State, and told you, you were poor, and ſhould be ruined if you did not confeſſe it? he had three meſſengers ſent unto him from the Councell of State, or ſome of them, that told him, if he would not confeſſe he ſhould be ruined.

Att. Gen.

Did you receive money, or were there promiſes made to you to teſtifie againſt Mr. Love?

Adams.

Upon my oath I did not.

Mr. Love.

Hath he never come to Mr. Scots chamber? did he not come a month before I was committed, being brought there by Major Cobbet; and whether he hath not received money from Major Cobbet. I deſire that Major Cobbet may be called upon his oath, to know whether he hath not given him money to bring in information againſt me; for he hath taken notice of all Faſts, and of all things done, and hath brought all to Mr. Scot: I know, by information, that this Adams is a hired witneſſe. Sir, this man is a Tobiah and a Sa…ballat; ſome men have hired this man againſt me. I deſire Major Cobbet may be called.

L. Preſ.

He did, and might do it; but did he it to teſtifie againſt Mr. Love? I hope a State that watches the Nation, may watch for the ſafety of a Nation.

Mr. Cobbet a Major of the Army is called into the Court and is ſworn.

Mr. Love.

Pray ask him whether he hath not at any time within this three months, given any money to Major Adams, to acquaint Mr. Scot or the Councell of State with this deſigne, as 'tis called.

Maj. Cobb.

My Lord, I muſt, and do deny that which this Gentleman doth aver, and truly I wonder at his boldneſſe in the preſence of this Honourable Court; I do know Major Adams, and have known him a long while, and commiſerating him as being a priſoner, I lent him ten pounds, but for no conſideration that he ſhould betray Mr. Love, or any man: I paid the money to his wife.

Mr. Love.

He paid it, be ſaith, how then did he lend it? and he paid it to his wife, that was to cover the bribery; but did not you diſcover to this man, if he would reveal it to Mr. Scot, what recompence he ſhould have of him? Did not you walking in the fields with him, deſire him to reveal what he knew, and promiſed him if he did, he ſhould be a man preferr'd.

Maj. Cobbet.

I have been acquainted with Major Adams this four or five years, and met with him in the behalf of the Presbyters; underſtanding there was ſomething was driven on dangerous to the Common-wealth: and I thought I was bound in duty to requite them, if it were poſsible, for their pains of diſcovery; and I laboured with him that he would deal ſo honeſtly with himſelf, and the Common-wealth, as to let the Common-wealth know, what he did know of this deſigne: accordingly he gave me ſome notice; and I ſaid to him, Major Adams, If I find you ingenuous, if there be any thing that I can do for you, I ſhall be ready to ſerve you by night and by day.

Mr. Love.

It appears then that the ten pounds was not …ent to Major Adams, but was paid him for his diſcovery; ſo that 'tis clear he is a hired witneſſe; and have you not brought him to Mr. Scots chamber with promiſes of preferment?

No anſwer to that queſtion.

The Leiutenant of the Tower is commanded to withdraw his Priſoner, and the Court adjourns till to morrow.