ftWMW 1 w «g 1 *— V \! PS H: * 9 H Mi 1- ■ r ~c&hJK. ' ./ . "V #** % '% PRINCETON, N. J. Collection of Puritan Literature. Division Section Number W P-2— . *\ L QYlM A M E LIVES: OR, A Publication of divers Petitions pr dented by Miftris L VE to the Parliament, in behalf of bee Husband. WITH Severall Letters that interchangeably pafs'd between them a little before his Death, AS ALSO One Letter written to Matter L VE by Mr,^#e/,oneoftheWitneiTesagainfthim. Together with Seven feverall Letters and Notes fent to him , from Dr. T>ra^e, Mr, fenkyn, Mr. Qafe> and Mr. Rob$fon> his then fellow-Sufferers. " iii. ii ~ n m . ■■ j' ■ ■ i.. ■ ■ All publiiTied for Publick Good. , ' — . - ■ - ■ — J - ■ M, 0» PS A L. 112.6. The Righteous jhall be had in tverlaHing remembrance. London, Printed in the Year, \66fy To the R E A D E R. Reader, take notice, Here are feverall Letters publifhed, entituled Love's Letters, pretended to have paft be tween M Love and bit Wife : Which Letters are not Printed by true and exaB Copies, having in them bth more and lefs than they flo uld have. How to prevent the like incon- venience for the future, thefe Letters and Petitions are here publijhed. the pubbftoing of wh'uh, will (IhjpeJ give no offence *, / am fure can, give no juft offence to ary : and if anyfhall ta\e offence thereat, certain I am, thefll take that which it not given them - y and that they cannot do, unlefs they wiUbe injurious both to themf elves and others. Bxt whether offended, or not off ended, I am not, need not befollicitout ', the rather, for that I can truly fay jt it at as great a distance fiom4ny intention in the leaft to give offence, at 'tis from try apprehevfion to imagine that the publifh'ng of thefe floould give juft offence to any. The Petitions are fomeofthofe f an dth^fe very affectionate ones J which Miflrit Love prefented to the Parliament,™ the behalf of that bleffed Saint and Minifter ofCbrift,her dear Husband Mafter Love ; and that either for the taking off the fentence of death,whicb he then lay under, and fo wholly to remit it ; or if not that, for his baniffoment, and if neither of them, for his reprieve till her delivery Cfhe being then big with child J that fo floe might with greater hope and probability of fafety, both to her f elf and unborn babe, under* go fo fad and fore an afjHZlion. The Letters are, fame from Miftrti Love to her husband, which again occajioned others from him to her. "Now Mafter Love having hit wife frequently with him in prifm, after his tryall was ordered, had thereby opportunity, as to open ha very heart unto her, in reference to hit own eftate aud conditicn, and the apprehen* fions which he had,both of it, and of his Offerings, (which accordingly he did, to her exceeding great fatif- fattion and comfort J fo alfo to tyeal^that to her, that might be, and that afterwards did prove to be, a great means of her fupport, uncler thofe trying and pr effing affv.ttions with whuhfioe did encounter : and upon that account, did not, and indeed did not need to write unto her fo fully and largly, as otherwife he would have done : And yet thefe brief Notes of his (for fo they would rather be called than Letters) which were not by him intended to be publifhed, do clearly and abundantly evidence, what, and how indeared hit affetticas were both to hit wife an I children : and will (I doubt net) be an anfwer fufficient to that charge ofunnatu- ralnefs that it in print againft him : Though, 1 may fay, as to thofe that knew him, or have but the leaft de- gree of that charity that it called common, remaining h them ; that unchtiftian charge, and moft maliciom flander ("invented by the father of lyes himfelf, with many more of the fame SxtamcalprodullionJ of that foul-mouthed, fatfe-mouth^d Animadverter and impudent Vetrallour, needs no anfwer. And notwitbftand- ing all that hath been faid by that Doftor of the Chair of Scorners, ( whofe defignfeems to be to fright men more with the rabble of ha words, than with the reafon of them ; the former being not mere formidable, tbanthe latter feeble, J Mafter Love, though dead, yet it not dead j/o»"HisGoodNameLives, and the remembrance of it to the godly, it, and will never ceafe to be, even to perpetual generatuns, at a box of moft preciont and cohly ay nt went, broken or poured forth, the pleafant favour and freet perfume whereof, tyreads it felf every way, even te the fcaxtering and overcoming of all that noifome and unsavoury breath tf reproach and calumny, that by the (ons,yea,and daughters too, of flander, with great indeavour would be, but by no means whatfoever can be caft upon it, and to the refiejh ng and reviving of every one who is within the reach of its fragrant and pet fuming odour. i The other Ltttcrs,are., one from Af.Jaquel to #*.Love, which Jaquel was one ofthew'itneffes againft him. The reft, fi om fever al of thofe Miiiifiers,wbo ("as to imprifonmentj were hk fellow- fufferers , which Letters do fufficiently detnorftr ate, what their thoughis and apprehenfions were of M. Loves bufferings, and do all con- tain inthem very prechvA and tyirituall matter, that may be of confxder able vfe, as in general to any that (loaU*. perufe them.fo efyecial'y to thofe whi are, or hereafter may be inafuffering condition. Reader, They are intended for thy benefit, which that thou maift reap bytbem,H the defire of A t The Publisher (I) To the Supreme Authority, the Pa r l i a m e n t of the Common-Wealth of E N G L A N D* The humble Fetition /i/MarYj the dijlrefled Wife of Christopher Love, Shewetb, ,^>Hat whereas the High Court of Juftice hath lately fentenced to death her dear and tender Husband> in whofe life, the life of your Petitioner is bound up^ in the exe- cution of which fentence, your poor hand maid fhould become an unhapjy wi- dow, and the miferable mother of two young fatherlefs children : And fhe being fo near to her appointed hour,havingforrow upon forrow,beforced % through unex- preflable grief, to bow down in travell, and give up the ghoft •-, and fo with one bIow,there be deflroved,both Farher,and Mother,and Babe in one day. Yet her fpirit is fomewhat revived with the thought that there is hope in Ifrael concerning this tiling, when fhe confiders, that her humble Petition is this day presented before fo many profeifing godlinefs,who have tafted abundantly how gracious the Lord is, and who through mercy are called of God to inherit a bleffing, and to be a blefTing to the afflifted in the midft of the Land. " Therefore your diftreflfed hand-maid,throwing her felf in all humility at your feet,befeecheth you by the womb that bare you, and brefts that gave you fuck, in the bowels of the Lord Jefus Chrift,mercifully to interpofe,that this fatall blow may be prevented : which aft of companion in you,will be to your poor hand-maid as refurre&ion from the dead \ and not only all the ten« der-hearted Mothers in England frut even the Babe yet unborn fhall rife up and call you blefTed , and this will be to you a glory, and crown of rejoycing in the fight of the Nation^ when the bleffingofthem that are ready to perifh fliaU come upon yon. And your poor hand-maid hum- bly conceives,That your mercv herein will be no danger to the State, for that your poor Petiti- oners Friends are willing to give all fufficient fecurity,that her Husband fhall live peaceably and quietly for the time to come, and never aft any thing to the prejudice of this Common- wealth, and prefent Government. Hqw the God of heaven bow your hearts to /hew mercy : And your Petitioner fliallpray, &c. Mary love. To the Supreme Authority , the p A R L I A M E N T of the Common- wealth of E N G L *A N D. The humble Petition of Mary, the Wife of Chriftopher Love, Condemned to dje. Shsweth. THat whereas your diftreiTed hand- maid hath in all humility, in the exceeding great bitternefs of her fpirit,poured out her very foul to this Honourable Houfe,for the life of her condemned Huf« band-.which Petition was mercifully received and read in FarliamenrCasyour Petitioner is informed J For which high favour fhe defireth to blefs God, and be thank mil to your Honours. And although (he hath great caufe to be very fenfible of your High difpleafure again ft her Husband, for which fhe js heartily forry '■, Neverthelef* fhe hoping that your bowels yearn towards her in this her fad condi* t ion,adventures once more to make her humble fupplication, and doth pray, t Thatifyour poor Petitioners Husband hath provoked you fo far, as to render him utterly unca- pableofyour full pardon *, yet you would gracioufly bepkafed to let your hand-maid find fo much much favour in your eyes, as that you will fay of your Petitioners dear Husband as Solomon faid ofi4&/4ftar,though thou art worthy ofdeath,wc will not atthti Time put thee to death. Oh par- don your perplexed hand- maid, if fhe again befeech you by the wombo that bare you, and the brefts that gave you fuck,in the bowels of the Lord Jefiis Chrift,reprieve him for a time,till (he may recover her frrcngth,before he depart hence and be feen no more*left at one terrible ftroke in his execution, the lives of him,her ind the render b^ibc in uer womb be cut off,and two poor innocent Orphans be left behind to begin and end their dayes in mifery.And though he may not be thought worthy to breath in Englilh aireCwhich God forbid Jyec give him,Oh give him leave to figh out his forrows under your difpleafare in the utmoft parts of the Earth, wherefocver you fhall think fit to banifh him : Which although it be a very great punifhment in it felf » yet your hand- maid and her dying Husband (hall acknowledg even this to be a great mercy, and lhall thankfully receive it at your hands. And(haHpray,&c. MARY LOVE. To the Supreme Authority , the P A R L I A M E N T of the Common-Weakh of E N G L A N D. The humble Pet then of Mary, the Wife o/Chriftopher Love. Shewtby THat your poor Petitioner hath great caufe to fay,blefled be God,and blefled be you,for your mer- cifull Vote the i $^ of July, (a day never to be forgotten J in adding a moneth to the life of her dear Husband,which hath opened a door of hope to her in the midft of the valley of Achjr,an& made her glad, though fhe be a woman of a forrowfull fpirit : yet your diftrefleJ hand- maid is overwhel- med with grief and anguifh of foul,and cannot be com for ted, when /he remembers the dokfull day, the i $th f Augufi fo near approaching,her heart doth almoft dye within her, and fhe is as one giving up the ghofl before ihe is delivered of the fruit of her womb. Wherefore your greatly diftrefled hand-maid doth again pour out her foul with renewed and importunate requefts, befeeching your Honours to commiferate her deplorable condition, by putting on bowels of pity and companion towards her dear and condemned Husband,thac fhe may not grapple with the intollerable pains of Travell, and the unfupportable thoughts of her Husbands death in one day. Oh that die life of your hand-maid and her babe might be a ran* fome for the life of her condemned Hnsband } (he had rather chufe out of love to dye for him, than for farrow of heart to dye with him. Now the good Lord incline your hearts to give him his life for a prey, wherefoever it fhall pleafe your Honours to caft him, And your Petitioner Jhall ever pray, &c. MARY LOVE. T To the Supreme Authority, the PARLIAMENT of the Common-wealth of E N G L A N D. The humble Petition of Mary, the Mfircffed Wife o/Chriftopher. Love. Humbly flieyveth. Hat your fad and forrowfull Petitioner, in the multitude of her fears wherewith her fpirit is o- verwhelmed within her j After fundry applications and grievous difappoinrments, more bit- ter than death, cannot ceafe to follow your Honours with ftrong cries and fupplications, as the im- portunate Cannanitijh- woman did the Lord Chrift. And O that now at laft, you would fufTer your lelves to be intreated,and let your bowels yearn within you,that fo root and branch may not be cut off A 3 ill (3) in one day. The great God hears the cries of Ravens ! O that that God would open your hearts to hear the cries and heart-breaking grones of the Mother with the tender Babes, tliat cannot keep fi- lencewhilcft there is any hope. p Your defolate Hand-maid waiteth with all humility and earneft expeftarion(at your doors )be- feeching you not to forget to fhew mercy to your poor Petirioner and her tender Babes j oh make not your Hand-maid a widow, and her children fatherlefs •, but be gracionfly pleafed to prevent this dreadfull blow, which your Petirioner trembleth to think upon, aud'earnefily be- feeches you, to change the fentence of death into a fentence of banifiiment * and whileft you are propagating the Gofpel in New-EngW, let her dying husband Cas a Prophet from the dead ) befent to endeavour the converfionof the poor Indians, that fo many fouls may blefs God in your behalf-, and fhe fhall receive it from your hands as a fignall favour. And your Petitioner (luttifra), &c. MART LOVE. Mr. zpaquel his Letter to Mr. Lov^j. My dearfi'.cnd) and beloved in the Lord, MY bowels are troubled within me, I am pained, I am pained, even at the very heart,The Lord knows I want words toexprefs the thoughts of my heart to you, to you, I fay, right Chrifti- an Friend, and trueSouldier of JefusChrift. I was thinking to have been filent, being even afhamed to fend you a line written by that hand, which is very much flackened and taken off from the plough *, which I thoughtjiot many weeks agoe,had been very faft fetled. Give me leave to breath forth my heart to you in fuch rude words and language as I can utter ', and I pray you receive them and fpell out my heart towards you, which at this rime is fo full, that I know not how to empty ir^ but in tears before the Lord for you night and day. And oh, that the remembrance of the feventhand one and twentieth of fane might often come into my thoughts, to keep my heart humble for my fol- ly ,in taking my own.and carnall friends counfell, and not the counfell ofthofe that are right godly ■■, which fas I now perceive) did help to bring forth that fad, and never to be forgotten day,and Sen« tence on the fifth of ^«/y,againfi my dear friend. Truly,could not I appeal to God,who knoweth all things,what the intention of my heart was,thinking I might rather do you good than hurt, knowing one had gone before me, andfearing he had much wronged you, made me willing to teftifie whac i did,being told and informed,it would do you good and not hurt,being but Mifprifion at the moft. I fay,, were it not for the teftifieationin mine own confeience, I were not able to bear up my fpirir, but fhould (I fearj even fink under the burden. But when I confider to whom I now write, who, I know is full of charity, and doth believe what I fay, and will forgive what wrong I have done hi n, and I hope, will pray for me to your God and my God, to your Farher and my Father,rhat he will not lay this to my charge : for you may charge me to be as one ofthofe Taul chargech in 2 Tim.4. 1 5. And deer Sir, If the Lord will be pleafed to let me fee your face once more, that 1 may open my felf 10 you, I hope I fhall ftand right in your arTeftions. Some promifes I have met withall in the word, that do f methinks) add wings to my faith, that God will not fuflfer you to fall by the hands ofvio* lence \ as in Pfal.79. Pfal.91.PfaL94.Pfal.3Jfa. 41.10. lfa.65.$. and many others, that I know you are better acquainted with than I am, and can beat them out,and lay them by you, as a giafs of cor- dial! water for fainting times. But dear Sir,let meearneftly beg of you, that you will uie what means you can for your own prefervation,and go as far as you can in your Petition to tlicm^n whofe pow- er your life is,' for many reafons : As firft, Becaufe ifyou fhall fail, O ! how would the enemies re- joyce ? Malignants and others would makefongsat your death, and fay, Where is all his Faftings and Prayers ? His God will not help him : Oh Sir, it would be a day of reproach and blafphemy. And fecondly,Confider how would it fadden the hearts of Gods people, and mike them wring their hands, if they fhould mifs the fruit of their prayers in your deliverance ; which, ( I am confident) have been p«ured eut in ara extraordinary way for you ? And thirdly, Coi.fi Jer the fervice you may yet do in the Church of Chrift : How many fouls may God make you inftrumental! to bring home to Chrift ? And what fervice may yet this poor bleeding Nation have by your life .' And fourthly,! need not (4) not remember you of your dear and precious Confort, who, I am confident, is dear in the heart of God,and alfo to you ; and her life even bound up in yours, and her condition being as it is. And then I humbly beg, you will confider my condition 5 for furely,in that day I fhould hear of your life be- ing violently taken away,mine would be but little comfort tome,bciuginftrumentall in taking yours away, although(the Lords knowOnot intentionally, but accidentally. Therefore for thefe reafons.I humbly beg of you again and again,'that you will do what you dare,and go as far as you can for your prefervation •, and the Lord will make you initrumentall for his glory, if not here, yet in fome other place ; and fmethinks) where ever the Lord caft you, I could willingly make that promife,and per- form it, that Ruth made to Naomi-, and fo I am confident.could my dear wife,whofe heart( I know J bleeds for you, and her eyes run down with tears to God for you. Good Sir, in your addrettes, re- member me to God,that I may learn to lean upon him more firmly,and rely upon the Rock cf Ages, and not upon broken reeds: Andf I hope)through the ftrength of Chrifl,md the fupply of your pray- ers,! fhall be better fortified for the time to come,as Peter was after his fall. I would fain be remembred to my good friend Df Dr. I hope I have got better armour of proof than I had before , but I hope there will be no need of (hewing it about hitn. For poor Pe. he hath wronged himfelf more than any man can,for I hear, he hath fent more Papers of his confeffion fince he was there. Good Sir, I have many things more to fay,but will not prefume to be more burdenfome to you ac this time. Will the Lord let me fee your face once more here ? I hope he will. However, it will noc be long before we fhall enjoy one another in that place,where violent hands fhall not touch us *, and then eternity (hall be little enough to praifeand magnifie the Lord for his riches of mercy he (hews to us. The Lord ftand by you, The Lord preferve you,and put his everlafting arms under you,and deli. ver you : Which fhall be the earned groans and fighs of him,who isfhe hopes )a dear,yet a mod un- worthy Friend,not worthy to be look'd upon by you. Dr. Drakes Letter to Mr. Lovcj. Dear and preciou* fiend, I Cannot but congratulate your liberty, and the fingular honour God hath laid upon you. The Cap- tain of our falvation is wife,and knows whom to call out for his Champion. He hath pleafed to call you to the forclorn-hope,we are leading up the vanjour brethren in the black bill,are like to bring up the bodyjand for our; rear(ble(Ted be God) we have armies of prayers and tears ', yefa through mer* cy, we may fay, Omt righteoufnefs goes before w, and the glory of the Lordflmll be our reward, Ifa. 58.8. Well might we fear,had we not a good God,a good Caufe,and a good Conscience t but where God juilifies, who fhall condemn ? Certainly, that God who hath done us fo much good by a prifon, (blefled be his name) can do us much more good by our tryall. He bids us not fear them who at worft can but kill the body : and why jlmld we be afraid of man that fhall dye&c. and forget the Lord our TAaker, yea, our Redeemer * Its too much honour God laies upon us, to furTer any thing for his Name and Covenants fake 5 that hereby we are fo indearcd in the hearts of his FaithfuII people, and have been occafions to blow up the fpirit of prayer, that was almoft exflinft. Will not God in. cline his ear when he ha»h prepared the heart ? Did he ever fet his children a begging, but he had a boon for them ? I need not ftir up your Chriftian refolution, but defire rather to light my candle ac your Lamp'Yet,when lately 1 looked upon Rev .2, & 3. 1 efpied no lefs than feren rare Cordials to perfonsin our condition, Rev. 2.V.7, 10,17,27. &c.$. v. $,12,21. I, A treeoflife. 2. fcreedomefrcm hurt by the fecond death. 3. The hidden Manna and white (tone. 4. The morning ftar and weild- ingthe rod of iron. $. The white garments the Book of life, and owning us before his Father. 6, That we fhall be pillars in his houfe, having his new name graven upon us. 7. That we fhall fit in his throne, foc % and all this made over, not to vmaufli, or id nviMw-n, but Tx}vtvZ\\i y to him that it overcoming, A Chriftian is fure to conquer, if he dare outfight, and no fouldier bur he can glory when he puts on his harnefs. The Lord arm you with fuch courage and wifdom, that you may avoid the fnares, and be above the fury of your Adverfaries. God, Angels, and Men look upon you § and while you are a fightingjChrift is weaving your Crown ; He by your example,fo hearten his peo- ple, (5) ple,an' Tour unworthy Brother and Companion in Tribulation June i . — — ■$ 1« and in the Kingdomc and patience ofjejfns Chrifl. I pra?. fequar. / beg your prayer s, and prefent my beft affetl'ms to ywfelf and MiftrU L. I'd rather dye with grace, than live with blame > Far better dye with Love> than live with fhame. For my rntfl honoured fiend &tr. L. Another of Dr. Drakes to Mr. Love. J>unt 17. i6j 1. Dear Friend, I Cannot be unnaindfullof your per fon and condition, as being not only in the body, butaifo in an efpeciall manner bound with you, Heb. 13. g. And certainly, if habitualland aftive grace be fuch motives of Chriliian love, is not paiiive grace much more ? To furTer for Chrift is a grace, as well as to believe in him, Phil. 1. 29. v/jliv i^5*si«Sw, ire. Chrift and his people are never more lovely than up- on the Crofs. May we not under God, thank our prifon,tlm we are fo gracious this day in the eyes of Gods pcople,yea,and I am perfwaded,in the eyes of fome enemies ? Muft not we by fufTering en- ter into glory,as our blefled Saviour ?L«^ 24.26. Doth not Chrift by this means fet a higher rate up- on reformation,the Miniftry,and the Government?How do the Northern people prize the Sumwho fee it but once in three or fix monechs? and do not our dunghill-hearts ordinarily value bleflings, more by their want, than injoyment > In particular, Sir, how are you indeared to God and man in this call,to be the Proto-Qonfeffour or FrotO'Martyr -, the Lord inable you by grace,to bear the honour ,as well as the burthen. I blefs God for your chearfullnefs and conftancy r whofe flame contributes much to the keeping of my poor fpark alive. But my errand is, if it may be, to prevent the latter :and may it (land with Gods will, I would not have you yet to be a Martyr. Haply you will fay, I wifh you worfe than your Adversaries do •, if fo y yet I am fure it is with an honefter heart, pc. — Sir, I have only one thing to adde,which I apprehend as a providence not to be flighted, namely, that your day of tryall is your day of Jubilee, and your day of Pentecoft,it being precifely the fiftieth day from your apprehenfion:ordered fo,I am confidently efpeciall providence,not by the intention of the Adverfary : The Lord make it a jubilee to you,for liberty of fpirit,and a day of Penrecofl for eflfufion of the Spirit of grace,wifdom and utterance. 1 fhall fay Amen to the Omened follow it with what poor intereft I have in heaven ; ftillchoofing rather to dye with Love, than to rule with Luft s which is the Magna eharta of thefe apoftauzing times. My beft arTe&ions to your felf,and deareftcon- fort,l beg your prayers,and reft, Tours, Sec. Another of Dr. Drakes to Mr. Lovlj* MY mod dear and precious friend in the Lord, in whom I obferved great reafon,both of love and honour,from the.firft day that God blelTed me with the knowledg of youjbut never more than at this time, when you are afcending your triumphant chariot, and mounting into the cloud of wit- nefles,//^.i2.i.to guideand encourage us who are left yethehind,to run with readinefs the racetbat k fet before us. Sweet Sir,! wonder not you are fo chearful!,being fo near your journeys erd,(leered by our great Pilot,out of a dangerous and troublefome Sea,and entring into the harbourjpurting cfT your pilgrims weeds,that you may be cloathed with the white robes, as a free denifon of the heaven* Jy ferufalem. I miftook in dreaming of an earthly Pemecoft and Jubilee}t1iat $o* b day I now perceive was an hint and fummons to call you to the cverlafting Jubilee above,//cr6. 12.^.22,24 zParafceve to she eternal Sabbath>//^.4.uo,ro. How much are we beholding to our very enemies frather to God for CO for them} who never do us more good,than when they think to do us the fhrewdeft turn. I wonder not now at that Kpiniciumof the Apoftles, Rom. 8. yer. 28, iz^.Ntbeend^Sc 1 Cor.%. v. 21, 22,25. Death isfo far from fcparating, that it brings us immediarely to Chrift, Phil. 1. 23. and that by a ftroke lb honourable,fo eafic,fo comfortable, fo fpeedy, that yonneed but wink and go to Heaven. The Lord is pleafed to give you a writ ofeafe,and to pay you your penny at the fixth hour. EleiTed be God,we ferve a good Matter-, who puts us only upon honcft and honourable imploymenrs, makes our task eafie and fhorr,dorh all our works for u- and in us^ and after all,rewards us freely and rich- ly,asifwe had earned our wages B^'ter be Gods hireling than the worlds darling,L«)(i.i5-f. I7>i9» Dear Sir, I blefs God for your faithfullnefs, pati^nce,courage,wifdom, whereby you have both tryed and discovered the policy and ftrength of your Antagonifts, and fhewed to your poor unworthy f.-llovr-futferers that by grace they are conquerable. The Lord is with thee, thou mighty man of va- I )ur*, goin thisthy might, and fmite the hoft of Midian a3onc man, Judg.6.v.\ 2,14,1$. The Lord make vou a true Samfin^im you may do tjie Devils kingdom more mifchief at your death, than ever you did in all your life God is now but in his old method,to make the blood of the Martyrs the (eed of his Churchy/. 1.24 Hiel de'erved a curfefor building Jerico,( Jcfl).5.26. )but God deferves blef- fingfor building the new fcrufahm, though he lay the foundation thereof in Abiram his fir ft born ("fo is Chrift, our high Father : compare Gen. 1 7. 5. with Ifa 9.6.) and fet up the gates thereof in his younger Son Segub,( r Kivg.16 k#.)fuch are we poor contemptible creatures,cxalted and ftrength- ned by God, not only to do, bui alio to fuffer for his Name, (43.5.41. Pbil.1,29 ) Caufe, Church and Covenant. The Lord is making you fuch a blefled Segub : making that to be your honour, ftrengdi and fafety,which many judged to be your fhame,weaknefs and danger. Dear Sir, God ho- nours you to be the Elias, and firft to afcend the fiery chariot , May I, without prefumption,be the £/i/?j^,and make two or three bold requefts unto you ; and firft let me beg your prayers for a double portion of your Spirit. Secondly, letmefeeyou (if poflible) before you afcend, though it be buc through the lattefs,on your Nuptial morning. Thirdly, let fall your mantle,that I may by means of ic be inabled to divide Jordan, yea, the Red-fea,if God call me through ir,and not fink like an Egyptian in the mighty waters, PfaL % 2. 6. Fourthly, if there be any remembrance of things below, inheaven (X«t.i6.f.24,25,28 _) wi!l you when you are in the bleiTed Heaven, think of your poor friend, and the reft of your fellow Soi'ldiers left behind,and labouring in the ftorme, till Chrift come to them as he doth to you* Surely the Church triumphant doth not forget the Church militant : and prayer is no paradox in heaven, (Rev .6.v.g % \ o ) till the body of Chrift be perfected : If juftice makes them pray againft enemies j why fhouid not charity draw out fupplications for their friends : Surely, there is a communion of Saints between the Church militant and triumphant •, we may blefs God for them, and cannot they pray for us? The Martyrs would not pray to dead Saints, but fomeof them defired living Saints to pray for them, both on earth and in heaven : and I think therein they were not fuperftitious. Swee, Sir, I know to whom I fpeak,and am allured, that Love will not be puffed up with that which would foon burft a bladder of pride : None higher in Gods eyes than thofe who a^e loweft in their own. I fee your time is fhorr, and therefore though my affeftion be Wke Jordan at the time of harveft, i muftfet bounds and banks to my words, left [ divert and trou- ble you in your pafiage.I doubt not but you remember that you muft pafs through the Jordan to the fiery Chartst. Jordan was not more erTe&ual to cleanfe Naan*n\ Leprofie, than the River of repen- tant tears is to pirgc the leprofie of tin(Pfal.i I9.ui2,d.)next after the immenfe ocean of the bloud of Chrift. It's not Ahanuh ind P&phar will walh away the Leprofie, but Jordan ; nor will every tear wafh away fin,but penitenr tears,You have but little rime to mourn, Chrift ftands by with his tow- el and handkerchief, P/",*/. 5 6,8. Rev 7 laft. &: 21.4. Ifa 2$.8. Spiritual forrow and joy areinfepara- ble companions iir this life j aad the L ove«hke fpirit of comfort loves thefe ftreams,Cdnt 2,.i2. Matth. 3.16. Every true Chrlftian hath this BMifintu fluminii joyned with Baptifm. fit mink : And now God honours you with Haptif. Sanguinti fuperadded. The cup of tears and cup of comfort may well go together, and happy he who can mingle this drink with weeping, PfaL 102. 9. fuch need not fear to pledge Chrift in his cup of bloua 1 -, and undoubtedly (hall fit at Chrifts right hand in his King- dom, Mattb. 20- ver. 22,25. though not in the fen fe of the two ambitious Brethren. If we could weep or repent for any tiding in heaven, (ure it would be, becaufe we wept and repented no more nor no better on earth. The Lord enable you and us all to do much work in a little time. If I fee you no more, I muft be forced here to take my long leave ; yec why fay I B fo.«? ■ (7) fo ? it may prove but a fhort leave, fince inlikelyhood fas things ftand) few weeks, yea, dayes, may bring me to a fight of your blefled foul in the arms of Chrift : and furely,the communion of Saints in heaven, is cumulative to their eflemial happinefs. The Lord enable me to imitate your graces, and then I (ball not doubt to inherit your happinefs,which is only God,the higheft end, and the chiefeft good.The Lord be nearer to you than your danger, and fupport you in the molt necdfull hour j and when men Have done their worft, receive your foul to his mercy ,Att. 7. v. 55, $5, 59. Luk_2. 29,30. & 2 Tim/v. 7, 8. So prays Tour fo»r umvonh) Friend, and Companion July 12. 1 5$i. tfiibi Kingdom and tribulation of^Jw Chrjl T Mr. Robinfons Letter to Mr. Lov^j* Dear Friend, He lofs which the Church of God will fuftain by your death, is a very great trouble ro me,and I doubt nor, but a far greater to others, whofe hearts God harh made more fenfible so feci his hand.This ftioke I am confident will be your happinefs,but a great mifery,a fad punifhmentro many: when God hath a purpofe to punifh many at once,he ufeth to rake this courfc.The extinguifhhg fuc'i a (tar,Cl do not flatter you, God Snows} cannor but greatly afflict the whole world. I wifh heartily God would grant me the favour to fee you before your wedding day, for I dare not call it a dying day. I hope 1 fhall be in your thoughts when you are at the throne of Grace. Good Sir^heap up as ma- ny prayers as you can for the poor Ghurch of God before you leave us,ir fhall be the beft leg icy you can bequeath *, what you fhall fow, fome will live ro reap, and you will not be unrewarded, jeiiis Chrift had his thoughts on the Church even ro his dying hour 5 good Sir,imitate your Mafter.I need not fay any thing ro ftrcngthen you againft the fear of your approaching day, I doubt not, but you have often overcome that fear through Jefus Chrift. ProfeHio eft quam put as moitemfTis but the takirg of a journey,and chough the way be deep,yet its but Chort:God brings you the neareft way. A Snor- ter cut never had any to reft. I know you have been often upon &iwnt Nebo, where you have feen Canaan, whither you are going. The Myfticall head cannot be cut offyou have finifhed your teftimo- ny,and fear not to receive your recompence Chrift hath transformed this black Mefi'enger to you in- to an Angel of Light. How loon others may follow you is known only to Godjif we ftay longer^tis but to row in a flormy Sea.Mo/« was very willing ro dye, God faid,G? up and dye;zn& he went up and died. Let not the care of your Relations afflict you,The earth tithe Lords and the f aline fs thereo{;Leave your father lefs cbildren,God will provide for them. Let your widdorv truft in God. Your dear yoke-fellow is a partaker of the fame grace wich you -, how rich are they that are heirs to the promifes ? You can coramesd your fpirit into Gods hands, much more your wife and children : Remember that promife, Swill be thy God,and the God if thy feed '■> Sir, ir is a richer portion than the Mines of India. You were but a ciftcrn to them,the fountain live?, and will live when you are dead : God can provide without you^ou cannot without God. Good Sir,Chear up ; I hear how full of joy you are, blefled be God , all thefe.are but little drops to the ocean. I have writ this to fill you more and more. An Ax,and a ieverer are all one*, you fhall dye without ficknefs.vvhen you think of the prefent ignomi :y,look on the future glory \ you fhall be with God, Chrift, Angels, the fouls of jufl menmadeperfc^iniifhoYr time. What a happinefs is it to have grace in perfection ! to fee God face to face, to be freed from the being of fin, Temptations of Dcvil$,fociecy of wicked men ! You have faughragood fight,; oj have fi- nifhed your courie,you have kept the faith,^rj. and you are going to 1 eceive your Crown, a crown of glory, that fadeth not away. You are now going to that place, where the voice of the oppreflbr fhall never be heard : You are going to your bed, the beft andfafeft you ever flept on. The fttps of the fcaffold will be a Jacobs Ladder, upon which you fhall afcend to your loving Fathtr : The Scaf- fold will be as mount Nebo ', The Ax ofthe Executioner will cut off the head offin,andput an end to all mifery. Be fure, Sir, Not only the Angels of God,but the God of the Angels himfelf will mightily flrengrhen you. If your death, and this kind of death, were nor'moftfor the glory of God, and the benefit of the Church, I am confident, God would have fared you from this hour. I have writ thus, not becaufc you want advice, but to teftifie my love, my dear love to you,and to give you remembrance of me and mine,before your departure hence. Good Sir,accept of it as my JUft fajewell j farewell,farcwell,dear Friend. God,that hath bound up your foul in the bundle of life, be (8) be your comfcrr, joy, hope, peace, confidence in life and death to all eternity : Yet he will be your guide unto death*, He will bean Husband and head to your deareft Wife, He will be a tender Father to your little Babes. This is the confidence, this fhall be the prayer of SIR, Aug.19.1^^1. Your dear Friend. A brief Note from Mr. $enkyn to Mr. Love. Mj dear, dear Hearty THou art very near to my foul The Lord Jefus Chrift fmile with the pleafanteft face upon thee, t hat-ever he did upon Sufferer. [ here fent*fr thee a Book that I have been much relieved by, in my Imprifonment. What are ten thoufand Deaths, where Chrift is apprehended by faith ! Thefeconfiderarions where the leafisturnM down, (p*£. 335.) do f weedy fupport faith. 1 am afraid almoft to fend thefe thoughts, for fear over-many notions may difturb thee. 1 judge thefe more profitable than fpeculative difcourfes of deach. The great God, that hangs the Earth upon nothing but his Word, bear up thy foul on his prdmifes. Oh fweet, moft fure, fure, fure (oh r: member fare! ) promifesj as ftable as the very Effenceof God •, for the performances whereef God hath pawn'd his Being : As I live, &c My Heart,! love thee, I kifs thee, I weep upon thee,I rcjoyce for thee, I fhall fee thee in glory. The Lord Jefus ftrengthen thee. He will. Mr. $enkp his Letter to Mr. Love. My dear Hi art , BLime me not of this backwardnefs to caft in this mite, r was hardly perfwaded of the fitnefs chercof : your greater danger is in the plenty of thefe tokens, confidering your own ftore. Though your appetite be never fo good, it*s impoflible you fhould concoft all the food difli'd up in Books, Friends Papers, and your own Meditations by and for you. I fhall defire to make up my Paper- de- fects by fervent prayer : and oh that I could pray fo this once, as if I were not to do it a fecond time. My only counfcll muft be, that which I know hath been your only care,and will be your on- ly comfort *, namely, that you fleep in Jefus. Thou fhalt not fleep ("chough that were muchj in the lap,bofomc, and arms of Jefus •, but in this fleep he looks upon thee as a piece of himfclf, even as a member, a dear limb. In dying thou malt not dye. They who are fa'len afleep in Chrift, perifh not. Chrift the ftrft fruits (a moftfweet rcfemblance) the happy 1 Cor. 1$. 18,20, hanfell of the grave, the fiift born from the dead, the Head of the body, did rife from the dead as fucii, and not as a private perfon : So that our refurredion is Coloff. i. 18. ("even now) in its caufe. The union 't wixt Chrift a^d thee (and this union is not only 'twixt Chrift and thy foul, but thy body alfo *, and therefore he is the flrft fruits of the dead) cannot be broken off by death. Chrift fiiould rebellagainft the will of his Father, (which were blafphemy to think) if he fhnuld lofe any thing which his Father hath given him •, as he fhould, were it not robe raifed upac the laft day. Chrift is the very K E SV RR.ECTIO N, and he that believeth in him, though dead, yet fhall live. Oh, how hath Chrift perfumed the grave,«and beauti- fied the grifly face of beach! Dearh is (now) a priviledge, ourbeft friend next to Chrift, and the truth is, all our moanes and for rows in this life, are for want of that which we fo much fear, death ; as the child that cries for want of fleep, and yet cannot endure toundre r sand go to bed. My-dear heart ! thou haft better cloaths to put on in the morning of the Refurreftion : Thti mart all fl) all put on immortality. Thy garment of grace hath had many fpots, perhaps ■, Ephef. $> 27. this day thou fhalt take thy leave of mourning for them, and therefore the Lord help Jude 2^vid. thee to mourn more hclily and tneltingly than ever *, but the garment of glory fhall not have one. Lord,is there a condition wherein I fhall never fin more,wherein I fhall have as much grace as I can hold,and wifh,and will defire-, wherein T fhall no more wafh the feet of Jefus Chrift, and now and then be fuflfered to give them a kifs,but fhall lye in his blefted bofome,and be clafped in 'his glorious arms to eternity'This is thy approaching happinefs^and every comforr,by how much the nearer,is the fweeter. Now is thy falvation nearer than when thou flrft believedft. B 2 Oh (9) Oh dear heart ! Now for a ftrong faith ! oh wreftle mightily with the great God, for ftrcngth to overcome him •, cling about the promifes, precious promifes, not only for their fullnefs, but infalli- bility \ adventure thy foul upon them. The faithfullnefs of God is a foundation which bears the heavieft rtruclure, and the greateft load of fin and expe&arion. Jefus Chrift calls, befccchcs, commands, threatens, and all to make thee believe. Tlie Lord increafe thy faith ' thou art to go through a very great work, but Chrift hath laboured, and thou arc but to enter into his labours Death is but a nominall enemy whtn Chrift hath difarmed it •, there is more terror in the pomp of it ("as Seneca faid) the Scaffold, the Axe, Spectators, Reports, than in the thing it felf. Oh how may a Chriftian infultover it ! Oh Death, where U thy Sting ! Chrift hath fpoiled principalities andpowers, difarmed, difrobed them. His death is the death of Death •, all its flings are left in his fide. Say not therefore ("Dear heart} who fhall role away the ftone from the mouth of the fepulchre ? when thou comeft thither,thou (halt find it rol'd away to*hy hand. Its difficulties and diftrefles are taken away in Chrift. To this dear Lord Jefus I commit thee, who in his due time will wipe away all tears from the eyes, and fin from the fouls of his poor fer van ts*, andoutofallour ftorms, bring us to that haven where we would be. i know not where to break orf,and yet not where to leave thee fo well as there. Tfrine in the bowels ofth'u Saviour. Matter Cafe to Matter L$ve. Heavenly Saint, THou art now awaked out of thy laft natural reft,to go to thy eternall reft : the night is paft,thou (halt never know night any more,but God fhall give thee Iight,and thou fhalt reign for ever and ever, Kev.2 2.3,4,$. Thou art now going where thou fhalt be in a true fenfe above ordinances, and above Scripture,i Cor.i 3.12,15 where God in Chrift fhail be thy all in all. Thyprifon fhall be turn- ed into a Palace, and thy filthy garments fhall be taken away, and thou fhalt be cloathed with long white Robes, and m the moment when thy body and head fhall«be fevered, thou fhalt be united to Chrift thy Head 5 in him thou fhalt be crowned, and with him thou fhalt reign to eternity. It is finifhed. 7o/;.i7. 1,4,5,6,11,13,24. Let me fee that face once more,which I fhall fee no more till the laft day. Send up one figh before thee for thy following Brother and Companion in tribulation, and in the Kingdom and Patience of Jefus Chrift. Another of Matter Cdfe's to Matter Love. Dearfoal, THou art now going to heaven : to quicken thy dcfires, put it into thefe notions, that are moft fu* table to thy condition. To the weary it is reft,//*. $7.2. Rev. 14. 13. To the banifhedhome,2 Cor.$.6. To the reproached glory,Row,$.2. To the'molefted and captived with corruption, it is the glorious liberty of th« Sonnes of God, Kow.8.21. To the refifter to bIoud,it is conqueft,Rom.8.37. To the vexed with fin and forrow* it is the exftinction of both. Tathe hungry foul, it is the hidden Manna,Rev.2 2. 1 7. To the thirfty,rivers of pleafure,water of life fountain of l\k*Rev.22.i , j .Pfal.2,6.8,$. To the grieved foul, it is fulnefs of joy, and to the forrowfull heart pleafures for ever more, PfaUS.t. Tn a word, To them that have lien upon the dunghill here, and kept their integrity, it is a throne upon which they fhall fit and reigu with Chrift for ever and ever^Rfv^.gi.fe 22.$. Dear heart chear up, a fharp breakfaft,but a bleiTed fupper, the fupper of the Lamb. The Bride- groom faith,L0' Labour tofupprefs thy inward fears, now thou art under outward forrows * as thy outward fuffcring a- bound,letehy confolations in Chrift abound alfo. I know thou art a womanofaforrowfull fpirit. My time is fhortj have but a few words of counfel to give tlue,andthen I fhail leave thee to God, who careth for thee and thine, i.whiks thou art under defer tions,labour rather to ftrengthen and clear up thy evidences for heaven, than queftion them. 2. Remember a faith of adherence, or reliance on the Lord Jefu5,brings thee to heaven,though thou want the faith of Evidence or AiTurance.g. Labour to find that(and morealfojin God, which thou haft loft in the creature. a.Spend not thy days in hea- vinefsfor my deathjifthere were knowledg of things below,or forrow in heaver>il fhould grieve to think my beloved fhould mourn on earch. 5. Lye under a foul-fearching Miniftry : I know thou art not a fpungy hearer,to fuck in foul water as well as fair. God hath given thee a good under Handing, to be able to difcern things that differ ; as the mouth tafts meat,thy ear tryech words. 6. Be conver- fantin Chriftian meetings, and much in the exercifesofthe duties of mortification, in fatting and prayers *, yet have refped: to the weaknefs of thy body and thy prefent condition. 7 . Have a care of fhy felf and babes, God will take care for thee and them. I can write no more j farewell my Dear, farewel,farewel. Thefe are the laft words written by Try dying,yet comforted Husband*, From the Tower, % CHRISTOPHER LOVE. J»lji$. 1651. MY Dear, I beg thee tobefatisfied: my heart is greatly comforted in God •, I can quietly fubmit to the good pleafure of his will, and I liope thou doft fo alfo j I am delivered by the determi- nate counfel of God,the will of the Lord be done. Read for thy comfort when I am dead and gone, Jer* 4$. 1 1. and the beginning of the 12. If*. $4. vcrf. $, <5, 7, 8. ffalm 145. vtr> 9. 2 Cor.4. ver, 17, 18. Heb. 12,-ver. 5, 7. Another (12) Another of Mafter Loves to his Wife. Mite dear to' me than ever, IT adds to my rejoycing,that I have fo good and gracious a wife to part with for the Lord JefusTn thy grief, I have been grieved i but in thy joy, I have been comforted. Surely, nature could never help thee to bear fo heavy a ftroke,with fo much filence and fubmiiTion to the hand of God! O dcar- ert,every line thou write(t,gladdeth my heart. I dare not think that there is fuch a creature as May Love'm the world -, for Kir,and Mall J. can think of them without trouble, leaving them to fo good a Gcd,-ani fo good a Mother. Be comforted concerning thy Husband, who may more honour God in his death than in his life h the will of the Lord be done, be is fully farisfied with the hand of God. Though there be but little between him and death, he knows, there is but lictk between him and heaven-, and thatravifheth his heart. The Lord blefs and requite thee for thy wile and good connfeH thou h*ft prevented me,the very things I thought to have written to thec,thou haft written to me.: I have had more comfort from thy gracious letter, than from all the counfel I have had from any elfe in the world •, well, be allured, wc fhall meet in heaven. 1 reft, till I reft in heaven. From the Tower, Thy dying, but comforted Friend, the Lords Day. CHRISTOPHER LOVE. Another of Mafter Loves tc his Wife. My dearefl delight en E*rtb % IWas faft afleep when thy Note came.I blefs God,l breafc not an hours fleep for all my fu(fering<-, I know they work for me a more exceeding and eternal weight of glory. I fleptthis night from ten at night,till feven in the morning, and never waked. My Dear, I am fo coro&rted in the gracious fup- ports God gives thee,that my burdens are the lighter on my fhoulders be^^e they are not fo heavy ©n thineior if they be heavy, yet that God helps thee to bear them. The Lo« and of [o good a name and memory now dead, that as any thing I can fay of him would fignife little, fo ifhall be wholy ft lent in it : What and how ex- treme the Proceedings of the Court were again ft him, will by this that j 'oh ows fuffciently appear, efpecially if thou doft but confiderately perufe M. Loves de- fence, and the Plea of that honourable Gcntleman,ardhis then faithful! Coun- fcllM. Serjeant Hales, againftboth the Charge and Evidence. This triall was formerly printed, but not till now made thmpublick> the times not bear- ing it. The Court took a fevere courfe to have prevented the publifhmg of it y as being (it feemt} confcious tothemf elves of their own foul and fa IJe play therein ; and did therefore everyday commit my vc;y No'es to the Tower y (though they did not prove to be under fuch flricl keeping y but that I had tb$ liberty of giving them fever all vifns ) not that I think ev°ry one of the Court fhould fall under the fame confideration,for there were divers of them (as I am wtmnly informed^ that would not at all have appeared in it, bus upon tb e A z earner earnefi felicitation of fome nearly related to £/. Love, and that only in order ( if it could have been ) to the [tying of his life. My aim in now fubltjhin^ this Tr tally is not that it Jhottld prove an injury to or an irritation of any ^ but partly a little to revive the memory of that now blcffed fervant of God ( though I know the righteous full he had in everlaflinr remembrance) and partly that the world maybe [omewhat acquainted with the manner of proceedings of our high Courts of^futticcy efpecially when they have been eretfed {as tt is too too apparent ours have been) only to feed the malice y andferve the corrupt and an juft interejls } of ambitious and mercilefi men. J. F. I *f) The Trial of Mafter Love before the High Court of Juftice in WeftminfterHaW. fune 20. 1651. 1"^He Courc being fet and called over, the Lieutenant of the Tower was commanded to bring forth bis Prifoner ; and Mafter Love was brought to the Bar. After the reading of divers late ads. of Parliament concerning Treafon, Mafter Prideaux, the Atturney ge- nerall foe the Common-wealth fpake as followeth : Attur. Gen. My Lord, you have heard feverall Ads of Parliament read , and the of- fences therein mentioned. My Lord, I have here a Charge againft Mr. Love, the Prifoner at the Bar, and I humbly deiire that it may be read like wife > and you may pleafe to take his Reply to it, whe- ther by Confeflion or otherwife. The Clerk is commanded to reade the Charge, The Clerk. A Charge of high Treafon^ and other high Crimes and offences, exhibited to the high Court of Jnfticeby Edmond Prideaux, Atturney Gener all for the Com- monwealth of England, for and on the behalf of the Keepers of the Libertie s of England, by Authority of Parliament, again ft Chriftopher Love late of London Cler^ by him preferred, and commenced againft the faid Chriftopher Love. That is to fay, T Hat he the faid Chriftopher Love, as a falfe Traytor and enemy of this Common-wealth and free State of Englaod ; and out of a trayterom and wicked defigne, toftir up a new and bloody war, and to raife infurreftions, feditions, and rebellions within this Nation, did in feverall daies and times 5 that is to fay, in the yecrs of our Lord 1648^ 1649, 1650, 1651. at London, and at divers other places within this Common wealth of England, and elfewhere, (together with William Drake late of London Mercer, Henry Jermin late of London Efquire, Henry Picrcy late of London Efquire, John Gibbons late of London gentleman, Edward Mafley late of London Efquire, Richard Graves late of London Efquire, Sylas Titus late of London Gentleman, James Bunce late of London Alderman, and other their accomplices (yet unknown ) traiieroujly and malic ioujly combine, confederate, and complot , con- trive and endeavour to ftir and raife up forces againft theprefent government of this Nation, pneethe fame haih been fetled in a Common-wealth and free State without a J^ing and Houfeof Lords, and for the fubverfton and alteration of the fame. And the better to carry on and accompltfl) their faid traiterom and wicked defigne, he the faid Chrifto- pher Love , together with the faid William Drake, Henry Jermin, Hen;y Piercy, Richard Graves, Edward M.iffey, John Gibbons, Sylas Titus, James Bunce, and others (fincc the death of Cbarls Stewart, latelZjng of England 1 who for bis notoriom treafons, and other tyrannies and murders by him committed in the late unnatural and cruel war, wot, by Authority derived from^ Parliament, juftly condem- ned to death, and executed) feveral daies and times in the refpeftive years afore faid, at London a fore faid, and at fundrj other places of this Common-wealth, andfmce this Ration was fetled in the way of a Common- wealth cr free State, as afore faid, did traiteroujljf and malicioujly declare, publijh, and promote Charles Stewart, the eldeft Son of the late jejng of England, to be I^ing of England (meaning this Common- wealth) without the confent of the people in Parliament, firft bad and Jignified by Authority and Ordinances to that furpofe. And further, to carry on and accomtlijh their faid traiterom and whfad defigne, he the {aid Chriftopher B Love % The Charge of high Treafon againji Mr. Love, Love, on (everall dales and times in the rcfpeflivc yeers aforefaii, at London aforcfaid , and in divert other places within this Commo*-we±ltb of England, and elfctvbcre, together with the (aid William Drake, Henry Jermin, Henry Picrcy, Richard Graves, Edward Malley, John Gibbons, S.las Titus, James ftunch, and other their accomplices, as aforcfaid, did traiteroujly and malicioujly invite, aid, and afjlft the -Scots, be- ing for ra'igners and (ira»gers, to invade this Common- wealth of England, and adhered to the forces of the enemy ra'ifed againfi the Parliament and Common-wealth afore(aid, and peepers of the Liberties of Eng- land tforcjaid. Anl further, to carry on and accomplijh the [aid tr ait erows and wicked defign, he the (aid Chriftopher Love divers daies and times between the twenty ninth day of March, 1650, and the fir ft day of June,i6? 1. tftLondon and other places ,m aforefaid,did traiteroujly anl malicioujly give,bold y ufe and maintain correfpon- dence and intelligence, by Letters, ZMeffagcs, Infirufttons , and other waies prcjudiciatl to this common- wealth, with the (aid Charles Stewart, Son of the late r\./"g, and with the late and you would glorihe God rather then man, if you would confeffe, knowing what was done in that great fin of Acban } there was great pains taken, an^j the whole Nation was fain to be examined, and their houfes divided, and at laft when it came to Acban, you know what rfojhua faid to him , con- fefle and tell the rrutb, and glorifieGod 5 this is that, that if you refpect God before man, you may now clear your felf, and fet forth his glory upon earth 5 and your next work is to plead guilty or not guilty. For we fee that thofe wayes you go, would take up time, and we have taken all into our thoughts before hand. CMr.Love. I do not defire to protract time , but I would not lie under a prejudice. L.Href. When you go out of your way, we muft help you 5 and know, if any be under a prejudice here, their prejudging is rather in mercy, then in prejudice to you. Mr.Love. I hope you will not be more fevere to a Minifter, then you were to Lieut. Col. -fohn Lil- burn. When you were at the court ziGuild-ball, at the trial of Lilbume, you gave bim the liberty of two houres to plead before he pleaded guilty or not guilty. L.Pref. To a Minifter, y ou fay well > but I tell you, we do more toachriftian then to a minifter > and we are all chriftians, and your miniftry is but an Office 5 and therefore what Mr.Lilburnc had , it was the favour of the court then 5 but time is fpent, and pray do not you follow that now. M.Love. Whereas your Lordlhipis pleafed to urge the cafe of Acban to me, if my cafe were the fame as Acbansvias, Iihoulddoas Acban did, confeffe and give glory to God 5 but Acbans was a pe- culiar and extraordinary cafe, and therefore I pray it may not be laid to me. God was the informer and difcoverer, and God did by lot difcover Acbanto be the man. LfPref. Will you plead ? M.Love. I defire liberty to fpeak a word. I had not diverted my difcourfe , but upon your Lord- (hips words. Att. Gen. My Lord, I hope he will be fo ingenuous, as not to be long. L. Pr. Take this in your wzy,{M.r.Lovc 3 God is as prefent here,as he was in the cafe of Acban. Go on. Mr. Love. Sir, by my appearing in this place, 1 am made a grief to many that are godly, and a laughing ltock to the wicked, and a gazing ftock to all 5 yet, bleffed be God, not a terrour to my fclf. Sir, I am as feremiab was, born a man of ftrife and contention: not actively, I ftrive and contend with none: but paffively, many ftiive and contend with me 5 yet I truft God will make me, as he did tferemub, an iron pillar and brazen wall againft thofe that do oppofe me, that I (hall not be difmayed at ther faces, left I be confounded before them. Strong fuggeftions againft me are generally received, and great oppoficionftrongly maintained, and in this condition no man dares ftand by me > but God ftands by me and ftrengthens me. — Here be was interupted again. LrPref. Sir, come to the bufineffe in hand. M.Lovs. I befeech you, Sir, fpare me : you gave Mr.LUburne more time. Att.Gen. Ly Loid, when he mail come with fuch fpeecbes, that are nothing to the bufineffe in hand i My Lord, he inftances in Lilburns cafe $ you know that debate, it was in relation to a Narration. M.Love. Sii-, it was the Narration of his doings and fufrerings, that he might not be mifreprefented to the Court. tAtt.Cjen. You know you 3re a Minifter ; and if it be your purpofe to fpin out time, to think to in- gratiate your felf to the people, it will not do. My Lord, this is a Court of Juftice that proceeds accor- ding to the eftablimed Laws, and Laws that have been read to him. Mr.Love is a Minifter, and had he applied him felf to God as he might have done, he need not have been brought hither 5 if he had noc gone that way be did. But my Lord, I defire he may go on to the Charge, and give his anfwer to it. My Lord, before we have done, we fhall have many occaiions of difcourfe between him and I. M.Love. I befeech your Lordlhip allow me that favour that you allow to every one you try, that I may not ftand under mifreprefentations to you, who are myjudges. LFPref. Are not we of as much credit as you ? and are not we judged Minifters as well as you, and more then you i and I tell you, that which you require, we have already done, and wiih you as much bappinefie as to our brother > and for you to fpend time about that which is nothing to the bufineffe, ic muir not be furfered. B 2. Att. 4 The Debates between the Court and Mr. Love. Att.Gctt. My Lord, Ice che conftant known laws of the Common-wealth of England be obferred as well as other laws, of which that is one, that he ought not to fpeak any thing, till he hath pleaded guilty ornotguilty. My Lord, I ddiretotake my courfe. I do not make Ipeeches againft him, to mtfrepre- ient him to you, other Wife then he fhnds charged j and my Lord, 1 would not have him to deer him- felf till he come to the triall, whether he be not acculed juftly. It is not my nature, but the duty of my place > and the duty of his place,as aprifoner, is to plead, and to put himfelf upon triall > thatbein* done, there will be occauon enough for him to plead his own innocency. My Lord, to take up two hours time in talking of that which is not material! ,*?liould not be. CM Love. I inlift upon that liberty that M.LMwm had> L.Prcf. He did plead fit ft. M.Loie. No my Lord, he did not plead firft j and I have much to move before I plead. L.Pref. You can lay nothing till you plead. M Love. My Lord, I delirenot much time. Att. Gen. My Lord, let the time now infifted on be what time it will, Mr.Love will have time ro fpeak for himfelf, and it is fo far from being to the point, that it is trifling 3 and this rather makes him ieem guilty, then it gives him any acquittance. M.Love. Prove me guilty firft Sir. Sir, do not prejudge me. Then command wm given to reade his Arraignment. The Clerk. Chriftopher Love, you ftand charged on the behalf of the peepers of the Liberties of Eng- land, by Authority of Parliament, of high Trcafon> a?;d other high primes and Offences againft the Parlia- mentand People of England j this high Court therefore requires you to give a pofitive and direft anfwer whe- ther you are guilty or not guilty of the Crimes and Treafons laid to your charge^ M.Love. Irefufenot to plead, but I befeechyou give me leave to fpeak before t anfwer. Mr. Love hiving a paper in his hand, the Judge [aid : L.^Pref. How many leaves is it? M.Loie. But two or three 5 and if this Court be more ftrift and fevere tome, then that was to Tsk.Lilburnc, I cannot help it. What I (hall fay, (hall be fometfeing in general!, and I befeech you give me leave to fpeak to it. Att.Gen. Sir, not before you plead. M.Love. Yet I have this liberty, that when matter oflaw arifeth in the Indiftmenr,to make a motion, and to move for counfel.and to mew the illegality of it * and though I confefle I am extreamly ignorant of the Law, yet I underftand, that after I have pleaded, I am not capable of counfell. L. Pre/". You are miftaken, Mafter Love. CM. Love. I fuppofe I am not miftaken ; For in the third part of Judge Coo^r Inftitutes, 1 finde it thus : The prtfoner, when hepleads not guilty , whereby he denies the faft, after the plea of not guilty, can have no ccun/cll j but if he have any matter of Law to plead before, be may urge it. L.Prcf. He pleads he is ignorant of the Law, and yet can make ufe of ir. CM.Lovc. I am to plead for my life, and I am to ufe Scripture^ Law, and any other lawfull means to fave my life. Paul did plead the Roman Law. LfPref. Some of us know as much of Paul and Scripture as you do. M.Love. Sir, I make no comparisons. Then OAr Love reads out of fudge Cooks Inftitutes. Tbefafcft way for the party indifted, is to plead upon bis arraignment the fpeciall matter for the overthrow of the Indiftment : And this muft be done before I plead, and to require counfell for the pleading thereof , which ought to be granted, and to require a copy of Jo much of the Indiftment, which is ncceffary for framing bis plea, which ought to be granted $ and thefe laws ought to be conftrued favourably , for that the Indiftment is commonly found in the ah fence of the party. L.Pref. But your Indiftment is inyour prefence. You are out of your way. M.Love. Sir, you bring me out of my way. LSPref. Your Indiftment is not yet found, there is nothing done behinde your back, cnely tbe rea- ding of this > but that is nothing but a written parchment, till you plead unto it. M.Love, lhave fomething to except againft the le^allity of this Indiftment. L.Pref. Go on then. M.Love. Sir, the firft motion I mail make, is for counfell to advife in matters of Law relating to this Triall ; and as I d-o gather from hearing the Indiftment, there are feverall matters of law that do arife, inwhichldefireto haye counfell affigned me s and the firft is, whether the Aft by which this Court is fonfti- before his pleading to t be Charge. 5 conftituted, of the 16 March, 1.650. that forbids receiving or fending Lettcts or Menaces 10 or from Englandor Ireland, do inable you to receive achate againlt me concerning Letters to or horn Scotland, Scotland not being mentioned in chat Ad by which you arc conftituted ; therefore feeing this is matter of law, I deiire I might have counfel to advife with about it. Alt Gen. CMr.Love then doth admit that he hath received and fent letters to ScotUni. M.Love. I admit nothing, S\c x you charge me with it, but I do not grant ir. Au.Gen. Then you will give us leave to prove it. If he will admit that he hath fent and received let- ters from Scotland, and fo demur that it is not in your power, J will joyne with him. But my Lord, there was a particular Ad read, that doth relate particularly to Scotland j and that this court hathco^ni- ianceof that Ad, was read beforehand, but Mr Love did not obferve what was read to him > and it is fo far in favour of juftice to him, that you read him the laws and claufes upon which he ftands impea- ched, and that there is a law againft fending to Scotland. But my Lord, thefe debates are lingring of time j if. a man will demand counfel, he admits the fad, that the fad is true ; but being true, he ought not to be condemned upon it : if Co, 1 will joyne with him. But if he plead not guilty, / ihall be ready to prove ir. M. hove. 1 befeech you Sir, 1 do apprehend there is another matter of law arifeth , and that is from the Ad of the 16 March, i6jo. there is a prohibition of fending letters or mcflages to any in arms againft the Pavliament s now / am charged with fending and writing letter* into Scotland : now it doth not appear to me, that Scotland was in arms againft the Parliament of England, but for their own pre- fervation. Therefore I defire counfel in this , Whether I that am accufed of writing and fending into Scotland, am therefore accufed of wiiting and fending to thofe who are in arms agaiaft the Parlia- ment of England -j. or whether they were in arms for the prefer vation of Scotland, or in opposition to the Parliament of England. Att.Gen. If you will admit ftill, that you have fent or received from Scotland, then I readily grant ic. ZM.Love. 1 will admit of nothing 5 I have fo much of a chriftian in me, that 1 will deny nothing that is proved to be true, and fo much of an Engliftiman, that! will admit of nothing that isfeemingly criminal!. L.Pref. You are a chriftian, and you are here in the prefence of God as Acban was. M.Love. If it be proved againft me. L.Pref Then your denial of it will be a high tranfgrefllon againft God. M.Love. I could urge the cafe of JefusCbrift, who when he was accufed before a Judicatory, an- fwered not a word. L.Pref. You are out. M.Love- When Cbrift was accufed in a civil bufinefTe, to be a mover of fedition (as now I amj they asked him whether he was King of the $ews, and he anfwered them not a word. But this is that / doubt, whether there be not matters of law arifing from the charge read againft me, and that in refped of the time of the Ad of the 16 March, i6$o. which givespower to you to determine feverall crimes, and to proceed to the qpal of the offendor. And Sir, it is alfo to me doubtfull, whether this be not mat- ter of law, vi\. whether this trial ought not to be by a Jury of twelve of the neighbourhood, or whether in any different way from it > and I doubt it upon this ground, your Lordmip having given rac this hintj for /was prefent at the trial of Mr.Lilburne, and the formality of the law tied him to plead to this, that he muft be tried by God and his Country. Herefufedit, and your Lordihip urged it upon him, that he might fafely plead it by God, becaufe God was in all Judicatories 5 and by bis Country,. becaufe, faid you, by Country is meant the Jury of a mans equals. And this is a trial according to the law of the Land. Now if you have declared that in Guild-Hall, 1 befeech your Lordmip inform me, whether a different way from this of a Jury of the neighbourhood be according to law in Weftmhi- fter Hall. L.Pref, You mail be informed. That was a trial by the law, as it then ftood > thefe now are all upon Ads of Parliament and Laws of the Land, that are of as high a nature as they : thofe are ancient Laws, and thefe are Statutes lately made, and of an extraordinary nature, and were made to meet with fuch perfons as you , that have done fuch things as you have done. And now for your Neighbourhood, I hope you have twenty or forty Neighbours that are within the equity of that Law. B 1 A&v 6 The Debates between the Court and Mr. Love, Hr.Love. If they be a Jury, I have power to except againft jy. of them. •An.Gen. My Lord, hcp.etends Mr. Li/burnx Triall, but when you come to bear the evidence, you fliall hear what he was doing then > he was preparing bimfelf then in his bufineiTe$ he though: his time might: come - y and I am informed, that fincc be h3th been in the Tower, Lilburn hath been his counfel. M.Love. Sir. Prideaux, Sir* you are no God, to know my thoughts. AxuGev. I did lay this from his own expreflion, he was a diligent obferver there,tbat he might know w hat was done there, that fo he might prepare bimfelf. M Love. Sir, you did declare this after the change and abolition cf a King and Houfe of Lftrris, that a Triall by a Jury of twelve of the neighbourhood was according to Law > and you urged Mafter Lilburne with this, that he might plead, and do no harm unto bimfelf. Andnotonely fo, but the Houfe alfo declared, That lince the change of Government, they would never alter that way of triall j and upon the ninth of February, 1 648, they did declare, That though they thought fit to aboliih the Kingly Office, and the Houfe of Lords> yet they refolved they would ftill retain and preserve the fundamen- tall Laws of the Nation, for and concerning tbe prefervation of the liberties, lives, and eftates of the people. Now Sir, they declaring they would never alter this way of triall, and you declaring this way of triall by Juries, to be according to the fundamental! Laws of the Land, I befeecb you give me the reafon why it is denied to me. An Gen. My Lord, it is very unufuall for a prifoner to debate with the court. Here he is to be con- trouled. Let him know he is a prifoner, upon the triall of his life, before that court that hath been im- powred by the Parliament, tbey who did never binde their own hands : I muft fay, my Lord, they can- not binde their own bands. And it is this triall that they have thought fit to give him. And for bis ex- cepting againit thirty five, then you will hardly be a court left. My Lord > I think if be look upon hoping that tenderneflc of confeience will appear in you, and clearneffe in me, andweaknefle of proof agaiaft me. Upon this, I do not refufe a triall, but I will plead, if I may have that which the Law allows me. And according to my weak meafure and unskilfulnefTe in the Law, upon the charge read againft me, I do apprehend there maybe fome things objected againft tbe legality of the Indict- ment, and many things to take it oft, both for matter of time, and form, and other things, by a law- yer. Therefore I intreat I may have connfcll to be with me, both in my chamber, andhereintbecourr, and then I will plead. Att.gen. I am not here to make a bargain : but this I will fay to him, he hath had fo much tendernefle andrefpeft, as few men more. He hath had notice of his triall above a fortnigfcj and my Lord, he hath not been denied counfell. M.Love. I could do nothing in order to my triall, becaufe I have fent for counfell, and they would not come neer me, becaufe they were not afligned by this court > and my itudies being another way, and being unskilful! in tbe Law, therefore I could do nothing in preparation to my triall; Therefore I pray do not deftroymeina hurry : The more faire the triall is, the more juft you will be, and I the more guilty if it be proved againit me. An. Gen. I appeal to Mafter Love, whether or no it was not denied to Lilburne ; and there is none that hears him, but (tes he hath prepared himfe'f, and perufed feverall Acts whereupon he is impeached. But thefe are difcourfes (my Lord,) which if be will put too nigh upon the court, that we mould difpute : we cannot force words from him. CSl.Love. Mr. Pr/ieiwx is pleafed to urge Mr.Liifcarw, but I have more matter of Law arifingfrom the charge then he had, and have not that triall by way of a Jury as he had - 3 and there are many things in the charge faid to be done before the Aft of the z$ Mitch, 1650. which gives you cognizanceonely of things done from that time 5 fo that many things there are, in which counfell vcouldadvifeme 5 there- fore i befeechyou deny me not that right and juft favour. L^ref. before his pleading to the Charge. 7 L.Tre/f You do not breathe the fame aire nor the fame breath, for it comes from you both yea and nay : tor you fay you are ignorant, and yet will not be informed by any thing thac can be faid, and fo your ignorance is wilfull. Sue in this cafe I am fure, vvhac Law foever you can plead, yet there be fome Ads and matters you have denied. tM.Love. 1 have urged matter of law arifing out of the charge, from the 29 of 7d if I cou'd have got their counfell, I would ; And yet if I had bad it, I could not tell what they fhould have advifed me in, not having a copy of my charge. L Pref. If you had defired a copy of your charge, you might have had ir. You muft know you are before thofe that have law and confeience, and that are bound to be of counfell for you, and that is the court, and it is their duty to fee that whatfoeverthe law of England allows you to have, that thac you mould have > but you muft have it in a due and proper time and manner of law appointed. You are not now for the prefent where Lilburnwzs, nor before fucbacourtj he was before a CommiiTionof Oyer and Terminer, who are to proceed according to thole Laws, and upen that the Commifiion di- rects, and that is by that which the known and fundamentall laws of England dived unto : but this is not in all particulars the like ; the Jury there hatha large latitude, who proceed by way of grand Juiy and petty Jury, which are both included in this court ; To that in all things the proceedings upon that are not as upon this : but thus far the proceedings are alike 5 you have your charge, and you are to plead to it, for that is the firft thing to be done > there is nothing can anfwer yourcbaige, but whether you be guilty or not guilty : if you plead not guilty, then the evidence will be called, and if then any mat- ter of lawarifeth upon the evidence, it istheufuall courfe to affigne you counfell, and to be counfell for you, and to tell you it is law to have counfell j but for you to demand counfell, and firft to have counfel affigned you, it is againft that form and legality that the law of England appoints ; for till you put your felf upon trial, we cannot allow you counfel to the trial 3 fo that you muft plead, and it is our duty to tell you fo : and it is the duty of this court, to be as careful when you have put your felf upon trial, that all the benefit of the law may be afforded you ; therefore you need not fear it, for if any of thefe things arife you now fear upon the evidence, then will be your time and our time to ftand up- on this you now do, touching matter of law; but in the mean time, in truth that which we are to tell you, and which we are bound in juftice and confeience to let you know, is this, that you are out of your way i and therefore do not deftroy your felf .* for if you refufe to plead, there is nothing then but a plain downright judgement. M.Love. In ordinary courts of Judicatory the Judges do counfel for the prifoner j but you are here Judges not onely in matter of law, but of matter of fad alfo, and therefore I cannot advife with you : for mould I confeffe any thing, then it arifeth out of my own mouth, and you will condemn me upon if, feeing therefore both lie in you,, both matter of law and matter of fad, I befeechyou afford me counfel, and let me have a copy of my charge, and Solicitors, that they may be here with me in court, and then I fhall willingly plead. Att.Gen. This cannoc be done, nor ever was done, to have counfel affigned until upon matter of fadfometbing did appeare ; and for the copy of the charge, it was never demanded I think before - y and it is in vain forusto fpeake, if the Gentleman do refufe to plead J I fhall then prefle you for juftice. M.Love. I do not refufe to plead ; but yet I fhould be guilty of my own bloud, fliould I not plead for that juft and necefiary means for the preservation of my life : through my ignorance I may run my felf into hazard and danger 5 therefore 1 befcech you deny me not that juft favour. tA lawyer a member of the Court. Mr. Love, you are not prodigal, you fay, of your bloud, nor are we Ihope, prodigal of your bloud; we are to anfwer for all, therefore 1 pray let me beg thus much of you: if you plead not guilty to the charge, then there is a proceeding to be by Mafter Atturney, to prove you guilty of ir ; and if by any evidence that he (hail produce, or in any thing that (hall fall out from your - Lejf 8 The Debates between the Court and Mr. Love, fclf, in anfwer to the evidence, there fliall arife matter of law, truft us, I pray you, we do fjfcomife you that we wiil give you the benefit of the law in it 5 and when there comes matter of law to be decidecf which we are perfwaded is matter of law, then you (hall have counfel afligned you 5 but there is no counfel to be allowed till the piifoner defire it, and fliew matter of law, for which he defires it. Another lawyer of the Court. The main thing you fhnd upon, Mr. Love, is this, that there is no mention made in any Ad, that this court can take cognizance of fending to, or receiving from Scot- land, but therein you are miftaken; for the bufinefle of holding correspondency with Scotland, is in expreffe words appointed to be under the jurifdidion of this court, therefore I think you are utterly milt ajcen j n that. Then Sir, for counfel, if there comes any thing in the world that is legal, and is a fit thing counfel mould be heard in, I think I may promile k 3 we will not make our felves fo far guilty of your bloud, as to deny you that juftice that belongs to any man 5 for it is your juft right to have it, and we cannot deny it, when a point of law arifeth. And you do not urge matter of law 3 onely you queftion the jurifdidion of the court, and we muft overrule'you in that, for we are not to difpute the power of the court 5 for if the Parliament give us jurifdidion, and by a fpeciali Ad appoints, that the bulinefle of holding correfpondency with Scotland mould be within the cognizance of this court we muft obey, and not difpute. M y Love. I fuppofe, Sir, a man may demur concerning the jurifdidion of a court to one point, as if he be accufed for treafon at the common pleas, he may demur to the jurifdidion of that court in that : (oSir, I apprehend there are fome things read againft me in the charge, of which this court cannot take cognizance 3 for that they arefaid to be done before the Ad for the conftituting of this court came forth : fo that I may demur to the jurifdidion of the court in that particular. L.Frcf. For youto anticipate your evidence before we come to it I we do not tye you to the charge, bur to the proof, and we mult apply our felves to the proof, and not to the charge- Att.Gen. And for the bufinefle of Scotland, which troubles him much, it is expreft in this very Ad, that the fame offences are to be inquired, tried, and judged by the high Court ofjuftice, in fuch manner and form, as other offences are to be tried, in expreffe termes. CM. Love, But there is no time mentioned: for there are two Ads, wherein if the prifoner be not indided within a yeer, then the fad mail not be profecuced. Therefore I muft demur to the charge, as not legal in matter of form. There are two Ads declaring what offences mall be treafon, wherein it is faid in thofe two Ads, That if the party be not indided within a yeer, he mall not be indided at all. Now the Indidmcnt that is againft me, looks back to things that are pretended to have been done by me i» 1648. and 1649. And fo according to thofe two Ads, I am not to be queftioned for them , ic being above a yeer before I was indided. L.Pref. How is it poffible that this comes to be an exception untill you heare the evidence ? if you heare the evidence, and do find e that the witnefTe do fpeak to this not within the time of the limitation, then is your exception proper 5 but no counfel can divine what time they can give evidence for, M,Love. Sir, I am now to look to the charge of treafon read againft me, and not to the evidence; and in the charge I am indided for thofe things, for which I apprehend I ought not to be indided. For according to thofe two Ads, I ought not to have been indided for things pretended to have been done by me fo long ago : and this I apprehend to be matter of law. And for the witnefles, let them fpeek to what time they will, yet this I am fure, they cannot prove that I was indided within a yeer for thofe things that are charged upon me to be done in 164B. and 1649. for that were to prove animpoffibility : fo that it appears to me, I ana indided for thofe things for which I ought not to be indided. LPref. It may be fo 5 and if fo, thofe things will fall ofFof tbemfelves 5 there may be fome things true, and fome things nottrue 5 and the counfel may faile in proof of fome of them, and you may clear yourfelf; yet this cannot be before the pleading. When you come to plead, if the matter be not pro- ved againft you, and within the time limited, it will fall off of it felf without any words at all J and all this time is loft to ali this Auditory, and no counfel can give you advice in this. CM. Love, I ftiilffy, I do not refufe to plead, butif you would afford me counfel, I fliould thinke my life in a great deal leffc danger. For 1 do not know, whether I may not ,» by the advifeof counftl, confeife fome part of the indidment 5 whether I may not demur in law upon fome part, or a great part ofch j indidment, which 1 naye done already, As that 7 am charged for treafon for thofe things that are not within your cognizance or power, as /apprehend, and things done before your Ads ; and for fuch things, that if Z had done them, I muft have been indided for them within a yeer, or elfe not at all j and ihefo 1 deem legal exceptions. A ,^ before his f leading to the Charge. 9 Member of the Court. My Lord, be is very ignorant of the law 5 for the fad muft be put in que- flion before matter of law can arife 5 for if the rad be one way , then the law falsout thac way J if the fad be falfe, then another way. Now if Mr. Love bring in any of thefe exceptions for matter or d& upon proof, wheth r he tent letters into Scotland, orinfucha time, whether that be any offence, tint will all arife after the matter of fad proves true or falfe : But before that, under favour, none can fpeak to any thing againft an Indidment, unleile he fpeak agiiuft the ju.ifdidion of the court. And then for other maters, they are laved unto him. Ana you will, I fuppofe, admit of ccunfel in matter of law j but hisdelire cannot be granted unto him until he plead, and until the matter of fad befome way determined. ' _ . M. Love. I befeecb you acquaint me then with the meaning of thefe words in Judge Cook} lnlututcs, 7 be pri [oner At the hir may have counfel to overthrow the lndiftmcnt. It muft be either to overthrow a part of theludidment, or to help the plea, either to plead not guilty in part, or to demur in part. Let me hear then, I befcech you, what is the meaning of thofe woids,That the pi ifoner at the bar may have coun, fel to overthrow che indidmenr. I cannot overthrow the Zndidment when 1 plead; for then witn. lie comes in againft me. Att.Gen. He may overthrow the Indidment by the witneffe $ and I believe he is convinced, that the courthath jurifdidion in as full and expreflfe terms as law and authority can give them. And for the nexr,Imay hy,your Lordlhip and the court did never allow a counfel to pick holes and finde faults. But if heobjedthn to you that isjuft and probab!e,and ibat which is dubious anddoubiful,and fit to be de- bated in law, Al^gne him counfel. You have heard all his particular exceptions, and given your judge- ment upon them ali. Bu: I hope,he doth not here cxped to have ledures oflaw read him , and to make him underftand 1 them. But as to thofe particular exceptions that "he hath made to you, I think lbmc fatii- fadioms ^iven, and that every man isfatisfied,and that there is no colour ot doubt there 5 for matter of fad,ani the times that he infills upon. 'For the Addireding what offences are treafbn, and not to be ar^ raignedunieffe they fee profecutcd within a yeer, 1 muft tell him, the impeachment is laid from 164810 1651. Yet my Lord, I ibail make it appear, that the Indidment dorh look backward to fome offences, and forward to others j it is laid firft in general. He committed fuch and fuch trealons and offences i« ■fuch and fuch years. And I mall come with the evidence, and apply them to fuch times that arc within your power, and in which the law makes them offences : And this is to be debated then, and not to be oncefpokenof now. My Lord, I fhall begin from 1648, and run on with bim, that be hath continued in atrealonable difpofition, andintreafonable plottings,to the time he was laid up, and fincc 5 and will juftifie all 3 and therefore it behoves him to infift upon it. And \ will make it appear, that he was one of the flrtt that ever did appear againft this Common-wealth in plotting j and be did continue fo until the dme of his reftraint, and after that time. M.Love. Sir, you are no witneffe j if you be a witneffe, come and fwca'r. Att.Gen. I will ufe you with all the duty of my place ; and if you give me not cccafion, I fhall ntc dootherwife. M.Love. I fiullgive you no occafion. L.Pref. Th.s will make ail that heare him, to thinke that this is the very belt of hi'scaU ; as we 1cnow it is. SM.Lcve. S.'r, althcugh I do not come here to have the law expounded to me,yet I do ccme here to have the benefit of the law 5 and if the law allows me this bencfir (I being unskilful) that if I can hnde in the charge matter of law ariiing, then to bnvecounfel toadvi^eme, and to overthrow the Indidment; Why mould I'be denied this benefit ? And I do notyer, according to my undemanding, fee that you afi ford me the benefit of the law, you not granting me counfel to advife me to overthrow the Indidment. One of the Court. Mr.leve,it it were poflible, I eUh\e you might have fatisfadion,for this that you de« lire is very jult 5 and when it comes to its proper timr, then you (hall have it : But do not by diforderly demanding of ft out of your time, lofe the benefit you might have of it when it comes to your time. Thac which you ftand upon, and call law, is not matter of law; nor can you call it law, till you hear what the fad is. For can any man judge what is matter of law, till he know the matter of fact j a> it bath been told you well, that the law arifeth out of the fad; fo that if you will anticipate the evidence and the: proof of the fad, by urging this matter of law which you did heare read in the charge, you will do your felfe wrong, and you are miftaken in it: For there is no matter of law appears there, for it is barely , Thin JfOH have done. And if you fay this * Law , you exclude all the Wknefies*. C • Wheth er i o The Debutes between the Court and JWr.Love, Whether you have done it or n^, wecannot c^i: 5 and it y m have dune it, whether contrary to^r.or no, we cannot tei', becaufe we muft apply the witnelfe to the Ads of Parliament that authorized us rolicberej and it we tindeihat iheiioubt grows upon what the witneflcs lay, and upon what the law faith, then doth matter ot law aiiie, and then it is time for you to fay, it appears no: by this witneffe, that iri; within the Ad. 1 do the rather fpeak this, becaufe we do extreamly ddi c you mou'd receive facisfa&fon, for I would not have ?ny here have anything put upon him, that may not appear jjift and accordingtolaWS and none can ever fay that a man bad counfel afligned him before he plea- ded here. L.Trcf. I. is now the SefTions at Newgate, and there may be many prifoners, and if eve-y prifoner " fhould take the liberty to plead matter ot law , and fay, I am no Lawyer, let me have counfel affi^m-d me, and I will anfwer, when mould we have any man anfwer ? when would men be executed foi bob- bin;, and ft:d;ng, and killing ? (M. Love. That court is different from this, you here are Judges both of law and fad, there the Judges judge of law, and the Jury of matte,- of fad. B ut Sir, facisfiemein this, if there be any thing in law before pleading to overthrow the indidment (as I perceive by Judge Cee^thcreis, and to which I have received no fatisfa&ory anfwerj let me have chat legal benefit, to overthrow the charge. I have laid what I can : but if I had counfel here, they could fay a hundred times more. LrPref. You have heard no body but your felf, for wbatfoevei hath been told ycu bythecourt and your friends about you, ha:h not been hearkened unto. We have fpent thus much time, and people are weak, and if you will plead, do. Reade his charge once again i and 1 tell you, the next is judgement. The Clerk. Chriftopher Love, you ftandebarged on the behalf of the peepers of the Liberties o/Eng- Iand, by ^Authority of Parliament, of high Treafon } and of other high crimes and offences againft the 'Parlia- mentand People of EnoUnd i thk high Court therefore requires you to give a pofitive anddireft Jr.fwer, whether you are guilty or not guilty of the Crimes and Treafons laid toyout charge. M Love. I am not faisfied, but that matter of law uoth arife Irom this charge > and I do earnettly preffe I may have counfel, and then I will plead. Att.Gen. I do as earnettly preiie, that you would as poficively fay, that you cannot allow him coun- fel till he ha:h pleaded. M.Love. I now fee Mr. Attorneys words to be true. When he came to me to the Tower and examined mc, the 16 of this month, he faid, Tba: feeing I would not acknowledge (as he called themj my trea- fons, I was judged peremptory and pbltinate s and /remember he faid thefe words to me, Mr. Love, Though you are too hard for me in tbeHulpit, yet I will be too hard for you at the Bar , and truly now I findeitfoj and it is an eafie matter for a Lawyer, armed with Law and Power, to be too hard for a poor naked Scholar, that hath neither Law nor Power. — L.Prcf. Doth chis do any good to you? if it were fo that you are too hard for him (for you are too hard for every man in the pulpit*; yet you femctimes are fo out, and in that you are controulable. If Matter Attorney be too hard for you here, let him be too hard for you > but it is the Court that are to deale with you here: we wiil not do it becaufe of his faying, but you muft think that the court wi.l be led by their evidenc?, and not by Mr.Attorney. M.Love. You gave this favour to Matter Lilburne, and I do not deny to plead : but I am not prodigal of my bloud, therefore / crave counfel. L.Prcf. I do not know what to fay more to give you fatisfadion, then what 1 have faid 5 you fay you do not deny to plead, and yet you do not plead j you fay Mr.Attorney is too ftrong for you 5 but you know it is not he, but the evidence may be too itrong for you. And do not you think that you have fuch Judges, as will let you receive any prejudice. Mr. Love, you are a Minifter, I pray lhew forth the fpiritofa Minifter of Jefus Chrift $ carry your felf fo, as that you may not either wrong your telf or the court. I would have you behave your felf without recriminating. You fpeak of Mr.Attorney, as if he could be roo hard for you, as if we were all of his fuie, be it right or wrong r Know, that w e are men of conference, and have fouls to (aye as well as you. Mt.Love. The charge is long, and I never heard of it before, nor knew of it before. r One of the Court. We give you our faith and credit, that if any matter of law arifeth, we will not make our felvcs guilry of your blood, but we will allow you counfel > your felf hath read a book in the court, that mews the court cannot allow you counfel til! you plead. L.Pref. Did you ever confulc with the Lieut, of the Tower ? what, will you caft away your felf? CoL m t before his fie adirtg to the Charge. H Col.lVcfi Lieut.of the Tortcr. I could. My Lord, advifc him no more then what I knew, and that was the rime of your fitting. J M.Lwe. I hope you will not in a hurry fpul my blood. Lieut.of the Tower. Since Saturday was feven night he was not retrained. L.^Prcf. Your Pro fefllon goes much in profeflionj but when it is abufed, it is the higheft tranfgrcf- fion 5 you would evade things with mental reservations, and fay and unfay at the Bar, as high as any Jefuite can do. M.Love, I will not lye for my life > you may fay what you pleafe, and do what you pleafejl fpeak be^ fore God and this Audience. , L.Tref. Mr. Love, know that we are here in as facred a pofture as you are in the higheft place of your calling and if we do not know that God is here prefent, we are the miferableft creatures in the world 3 and therefore if your office and ours do not make us know that we are in the prefence of God and Je- fus Chrift, it will be but ill for us j and yet you hurry our, that it mould be fuch a terrible thing in youj more then in us. You have fpoken many words as a rtiadow in the aire, there is nothing materiall in them, but the ftrength of your will againft the judgement of the court. M.Love. If I do plead to the charge, I do ailow the matter and form of the charge to be legal. I de- fire to have counfel to come to my chamber 5 1 do not fay, to come to this place, but to have liberty for them to come to my chamber. Mr.Steele Recorder of London. I did not think to have fpoken, nor have I ufually fpeken in this court yet 1 will fpeak a word out of tenderneffe to your felf. You have very often inhfted upon it, that you mould have counfel aftigned before you plead, that is it you plead for : truly the courfe of law is this, That if the prifoner charged at the bar, before be plead Hull demand counfel, he mult of neceflity put inforne fpecial plea before the time he can demanJ counfel. The court doth notinforce you to plead guilty or not guilty to all the matter of fact, but they fay, of neceflity you muft plead. If you put in afpecial plea, and telhhem that it is a fpecial plea, and defire counfel upon it, they will confider it : but till you can declare what that fpecial plea is, for there is a general plea, and a fpecial plea 5 the general plea is, not guilty, the fpecial plea is in fome particulars. Now for you to al.eadge neither the fpecial plea nor the general plea, it is impoflible that counfel can be afiigrc.d you. And whereas you fay you are concluded if you plead, and cannot object againft the ifldfdtnem afterwai dsj no Sir, I tell you in the name of aChriftian, and one that knows a little of the law, chat all the obje- ctions you have againft the indictment, the formality of it, and thofe things you fpeak f, as that of your fad not being committed in fuch a time that the Ad holds out, that the hi^h court h.'i no relation to try you for Scotland 5 all thele will be favedto you, i( they arife upon matter of fad r\om the evidence. True, if you make an objedion againft the jurifdidion of the court, tha* hath no relation either to the fpecial plea or general plea, it cannot be. It is impoflible an objedion fliou!d be received againft the eifence of the court, there is none can pofllbly over-rule that for you, but themfelves j it is fuch a thing, that no counfel can be ailigned you, as to that, becaule it ftrikes at the very being of the court. Now therefore I befcech you in the name of a chriftian, that you will not do your felf that prejudice , for na- ture teacheth every man to prefervchimfelf by all juft wayes and means $ and Idobtlicvi that in this bufineife you have apprehended it for your prefervation, and that you are lo:h to do any thing that tends toyourdeftrudionjbut you may fatisfie your conscience ,in that you have done what you can. And when you have pleaded, and ufed all the arguments you can, and have heard the judgement of the cou.t in it, you may fatisfie your confeience, that in the words of honeft men (unlcfle itbethe jurifdidion oi the court, though you have tacitely fyoken theiej youfhall have that right and priviledge wh ; ch the law al- lows you. I confciT. ,1 never fpake here before, and it is a rule amongft us, that none but the Prefident fhou'.d fpeak, and we have done more to you, then to the greateft pe fon that ever fpake here, becaufe we think fome neceflity lies upon us towards you (in regard of your calling, and the worth that hath appea- red in ymO to dired you what you have to do. {M.Love. Sir, a man may demur touching the jurifdidion of any court, it he can fliew any thing in the indidment that the court cannot take cognizance of, which he is charged with j though he do nor demur limply as to their jurifdidion in general, yet as to that particular he iiuy demur j as a man may demur in Chancery, when a caufe is onely triable at the common law. L.'Tref. You muft know, thathethat fpeaks againft the jurifdidion of the court, fpeaks againft the jurifdidion of the-Parlramem of EngUnd. D 2, Mr. x* The Dekites between the Court and Mr. Love * Mr. SuciKtCOtictof Union. Mr. Lnt*o help your undemanding, I did not fay that Mr lL AlA exprefly £eak aga.nft the power of the Court, as if they had no power to try him -but hk h, T & \ tofay ; That what he hath offered igainft.tae juriHiafoitofih/cJu t , inLyThin.h * n ft """^ for,if he have not counfell for it before, he cannot have it afterward, 'n^ ^ffi $ 0I ? U y ^ taifi, ■ t Je ft of?t ft0m ™° "**** y ° Ut ^^^sJ^mi^dwhhmltaof bS^Eum Mr.Love. Sir,.f any crime be laid to my charge, that ought not to belaid, and chat this Court can take nc cognizance of, I ihould have counlell in u. u " can ^f Wc have fpoken more to youthen became us,percbance, and that from tendernefle to you : and if nothing can give you fatisfaftion,but over and over with the lame things again, we can but freak our confcienccs and leave it to your felf. r Mr.Love. Idodeclare,Iciofubmittothetrya!l, and am willing to doit; but it behoves me to ufe all juft means for the prefervation of my lite ; if you will, give me but adayes time to confulc with counfell. L Pref. Thatisin your learning fufncientco fay, you will do it, and yet do not doit; becaufe I fay,Iwilhubmit,thercforcIdofubniiC5 this is no obedience ac all. I know noiuch Logick as this ; it is lubmitnng that muft do it; you will lubmit, but you will not aft ; pray M. Low. be fo charitable as to take us to be Chriftians. Mr.Love. What prejudice Sir, can it be to this Court, being I have not fpoken with any Lawyer, to give me but a days time ? I will deiire no more. AtuGtn.l would faineknow, why may not the next prifoner fay, you have done fo in bkLoves cafe? ZMr.Love. You have accepted of fpeciall picas, you did it in the cafe of Sir John S towel ; and if I through my ignorance m law, cannot urge the itrength of law, and a fpeciall plea, as otberwife I might do, I befeech you let me not be prejudiced by it. LfBrej. Sir ^obnSiorve I inCi^cd upon fpeciall matter he had to plead, .and that was, the Articles of Exeter: but he did fir A plead to the charge, Not guilty ; yet we gave him that benefit ; and he had that which did laft a great debate of this Court,and fo did Hmbletoir,md divers otheis,we will do no other- wile with you then with them. Mr.Love. If you now deny me my fpeciall plea , Icannothelp it, which is this, thatthe writing or fending letters (if it could be proved againft me) into icotland^doth not come within your a&, and that it is only for England, and Ireland that are mentioned therein. L. Pref. If there be a fpeciall pica wherein there is no difficulty, then we give no counfell -, but a fpeciall piea mult have fomething that is dubious in the judgement of the Court ; but for this that in the letter of the law every School boy undcrftandsj the Judge will not allow you'counfell in a triviall matter; we have gone over and over with you againe, and this is like other difcouifes with you; but certainly never W3S the like feen, that a Court was fo rrifled with. M.Love. This is my humble motion, allow me but counfell to morrow, that they may appeare here. L.Tref. You may have counfell tomorrow as the cafe ihall be. M. Love. Shal I have the copy of the Charge ?• L.Tref. You fhal have w'iat is fit, you fhall have nothing denied you when it comes to you to have it, you (hall have that refped ; I do it not to flatter you • but refufe to plead at your perill. Mr.Love, Will you give me but this favour, that I may have but an hour or two's time to confult with a Lawyer? L.Tref. I do no: know but that this thit \s done,muft be doneior all that comes to the bar, AttGeu.l had thought there would have appeared in him that cals himfelf a minifter of the Gofpel, more meeknefs & obedience to aucbority,not ouc-facin£ authority ;& ic is not wel done of him. My Lord The Conned for the Common-wealth ft ating the matter of faff. 1 3 I humbly beg, that having had thus much of your patience, and perfwafion by arguments, and all means ufed to him, and nothing will prevaile 5 that, my Lord, you will now bepleafed to give your judgement according to the rules that the law appoints you, upon him that refufeth to plead. uM.Love. /do not refufe to plead. L. Pref. Do:h a man of your learning fay, you do not 1 efufe I M.Love. A man nay demur to his charge, and yetnotrefule to plead j and the court may gram HK a daies rime,if they pleafe j for I come here unarmed and unprepared. Att.Gen. His demur is to matter of fad. L.Pref. Will you put that upon law, for law, which is not law ? and by your putting your felfe upon that, you confeifc the whole charge. Att.Gen. I dcfire one favour, my Lord, which is of juftice to him > which is, that you would be pleafed to command your clerk to read that ad than fays, If any pcrfon before'you refuje toplczd, he may heare the fentence of the law upon him. L.Pref. C lerk,read the Ad. The Clerk reads that part of the Aft about refufmg to plead. Att.Gen. My Lord, we deiire his final fentence. M.Love. My Lord, /defire but the favour of adaies time tUtonfult with Lawyers. The Lord Trefident confultsawbilc with the Court. L. Pref. /now do deliver it from all of the court, and all of them are of that ffiinde, and now plead, or you lha;l have judgement. M.Love. Butif /plead, Zdefire I may have counfel to hear the witneflcs. L. Pref We will not make a preiident > for it will be faid, it was M..fter Lilbur HJcafe,and Mai iter Lwej cafe. uHr.Love. Will you promifeme, that I (hall have counfel to heare the witneffc. L.Pref. We will promife you juftice. Reade the fentence. The Clerk goes to reade the Sentence*, M.Love, Not guilty. Att.Gen. My Lord, we do fay in the behalf of the Common-wealth, he is guilty of the crimes and treal'ons laid to Discharge. And, my Lord, you now perceive, that when you have been long trou- bled, you fee he comes very hardly to it j an innocent man would not have mule io much ado , and knowing biiinnocency, would not have had fo much calculation and trifling with a coatt of juiiice. My Lord, for thefe crimes, you are pleafed tooblervethey are of feverai natutes, an! of longcontini- an#e. And now, ray Lord, fortheftateof the evidence, it is commended to the charge of another? Gentleman, that is maftcr Solicitor General of the Common- wealth, to open to you the ftateot the fad, by which he Hands here impeached and accufed, the nature of it, and how it lhcu'dhaYe been carried on, theferiesof time, theperfons with whom he complied, how plotted and contrived to un- dermine this Common wealth, even to the foundations of i\ My Lord, when that is opened, /will then produce the evidence to make it good againft him. Mr.Solicitor Gen. My LordyMr.Love urgeth much for himftlf, but he doth not tell you what. Foe my parr, I never faw his face till now } but his own carriage, .it that do not do bim wrong, none will. He faies,he is fingled out from all the reft of his brethren. I iuppofe he means thefe that arc his fellow confpirators 5 the reafon of that is, becaule he was the fv ft, he had a lu.ad in the (i-ft adion and laffc adion j fo that from the beginning to the end he was the principal man, bo;h by counfel, friends, purfc^ and incouragementj and that is the reafon he might juftly be fingled out to be fii ft in the puniihmentjbc- caufehe was firft in the fad. He faies,God in Achans cafe wrought the dtfeovery. My Lord, I thinke the court will think, that God was the great Difcovercr of this great treafon ; for through the whole fer- ries of it, it was preft and carried on with as much caution and fecrecy as the wit of man could contrive, and nothing but thegoodneffeof the God of lights, the Father of lights, could have brought thisto light, who difcovers the fecrets of all hearts, and hidden things of darknefie > He hath difcoveredthis, My Lord, the nature of the treafon, it is not one or ten treafons, but it is a myftery of treafons, woven together during the fpace of two years, under the notion of Religion- Many of them that were the confpiratours, giving. out, that they were a party diftind and feparate, and fo they did behave them- felves like a party feparate from the reft of the Common-wealth, Firft, this party did alTume to them- felves [overaign p«>wer,and did exercife it divers ways, they did take upon them to fend Agents abroad to cceac with forraign i?rinc« and Stacesyencmies to this Common-weaUbjand to give commiffion to that purpoie- 1 4 The Councelfor the Common-wealth fitting the matter of Faff. purpofe, and to give inftruftions to that purpofe, they did demean them'elves in this point, as if this party had been aVree State. My Lord, the very firft of their rife was that in February, 1648. When the Scots had declared for the King, then they fend immediately to their brethren here, thefe confpira- tors, to let tbcm know that they intended to make addreffes to the new King very fpeedily, and that there was proportions drawing to that purpofe ; and did defire a firm compliance with them, promifino- then faithfully fand how they kept it we mall hearj as their brethren of Scotland, that their intereit mould be provided for as their own. And the Covenant that was the ground of all. When they had thus promifed, they believed their brethren and thereupon went about the work, and eftabliihed acouncel ac Vowgate, and there they met, and plotted and contrived how in the firft place to make an agreement between the King 2nd the Scots, to the intent that when they were agreed, they might come with united forces to invade this Common- wealth. They were plotting and contriving this about Midfomer,i54Q. They were taken notice of abroad to be confiderable men > and the King of Scots, as they called him, trnu^hc fie to fend an Agent to them, to treat with them, which was one !Mafon, my Lord Piercics man3 his errand here, was to reconcile both parties, the Royal and Presbyterian party, and to make them both fubfervient to do his work. My Lord, he treated with the Countefle of Carlifle, William Drake, and divers others, citizens of London, anflUthis was with the privity of the Minifters. My Lord, he bad commifTion from the Kingto aflure thefe confpirators, that if they could procure the Scots to fend more moderate propofitions then they had formerly lent (for the treaty was broken off before 5 the propchri- ons were then immoderate) that they mould be fatisfied. Thereupon they were fo confident of them- selves, and fo bold 5 (and in this Matter Love had a principal hand) that without any more ado, he frames a Letter to Scotland, to advifethem, and to perfwadetbem by all means to fend more moderate propofitions. The Scon return them this anfwer, That they fawnocaufe to fend more moderate pro- pofitions 5 but they defiring a good fuccefie of the Treaty, they mould fend before hand to the Kincr, to prepare and move him to comply with the propofitions when they came. Thereupon they were as ready, whereas they fent with the one hand to the Scots, fo with the other hand to the King. They framed a Letter to the King, and I will exprefle it in their own language $ this was the fubftance of their Letter : Firft they let the Prince know , that there was a confiderable party in England fenfible of their fufFerings there ("they made themfelves fo confiderable;) and by and by,you (hall fee what became of that. Firft, the King did underftand them to be fo confiderable. Secondly, they were bound in con- fidence and loyalty, to the utrnoft to help him to his juft rights, if he were once ingaged with them by taking the Covenant, &c. and profecuting the ends of it. Thirdly, that there was no way to do this, but by clofing with his fubjectsof Scotland. Fourthly, that being done, all the Presbyterians were bound to a (B ft him. And this, which they did, muft be fent away before commiilioners come, to pre- pare the King to give them good entertainment. With this Letter there was a Letter fent to the late Queen, todefire her by all means to work the Kingto a compliance with the Scots. And there was a Letter fent to my Lord Piercy and -fermin to that purpofe, taking notice that the Queen, my Lord piercy, and fermin, were their very good friends, and ready for this conjunction > whereof they took fpecial notice, and did approve of it as a thing very acceptable, and which ihould be remembred in due time. My Lord, this Letter was lent, and afterwards CMafon he brings the Anfwer from the Kino, and Queen, and Yicrcy, all agreeing to work this, that the Scots if they came with propofitions, fhould be complied withal. But Piercy and fermin writ further, and did advife thtm, to the intent the King might not fall back again, that they would fend a meetperfon to beprefent about the King when the commifsioners came, that fo he might fee faire play : And thereupon Titm was fent away, to be an agent there for them at this Treaty > and this Treaty was at tferfey ', but this Treaty took not efted as was de- fied. Whereupon they refolvedupon another treaty at Bredab y but at the treaty at Brcdab the Kinc advifed in his Letter (which I mall readej in the later end of the Letter, that they would fend com- mifsioners then to treat with him. My Lord, the Letrer was w:;Ven by the King back ajain to the Minifters. Firft, the King in the Letter took notice of the Minifters non-cou pliance with the pre- fent power, and of their loyalty and good affection to him 5 and that if God reftored him , he would r:quite them. Secondly, he promifed all fatisfa&ion to the Scots. Thirdly, made large promi fes of htoh favours particularly to the Minifters. Fourthly, wifht them to fend commifsioners , fufficienrly inftru&ed, to treat at Brcdab. Now my Lord, in the Diary that came along with this ffor there was a Diary of all Titm his Negotiations) in that Diary it did appear, that the King was very much fatif- fied with the correfpondents application to him,and that that ihould be a main argument to bim to fatisfie the The Conned for the Ccmmon-wealth fating the matter of Fact. i 5 the Scots. SomyLord, if they had not thus moderated, and perfwaded the King that they wuc a veiy confiderable party, he would never, in all probability, have clofed with the Scots, but have thought them very inconfiderable. Bur when he was informed, that if he clofed with the Scots, lie fhould have a coniideiable party in England y that made him think the Scots were worth the doling with. My Lord, Tittt* in his Negotiation at ferfcy did allure the King, that the Miniiteis were avcrfc to the prefer* Gjvernment, 6oth inpulpit and in print, and that they were wcll-affcftcd to fervc him and tot Na- tion, and that the Nation was ready to efpcrufe his quarrel if he did joyne with the Scots, This he did a flu re him in the behalf of the Miniiters. And to lliew how they did own this, they did like this affu- rancefowell, that they lent him another Letter 5 and they did likewife fend him a Letter of thanks for bis good fervice he had done, in poflefling the King how confiderable they were. My Lord, after thisbulinefleof Jerfcy, when TitUA had done his good fervice there, be was coming home to make his relation; but hearing by the way, that the Councelof State had intercepted fome Letters, he durft not come farther then Cilice > and from thence he fends a Letter, to let ihem know all this 5 and withal, that he had fomething to communicate to tbefe Confpirators, that was not fit to be communicated by Letter, and therefore dcliied that fome meet perfon might befent to Calice. Theieupon, this Letter being read in Mr. Loves ihidy (fo fecretly was it carried) therqffcras agreed, that Major Alford Ihould be the man that mould go to Titus, and Ihould receive allthis account from him. Whereupon Alford be went away to r/t^Jpiefently, and there he did fpeak to him, and Titus did acquaint him with all thefe proceedings j and withall they did advife, that a Commiflion mould be fent in the later part of the Letter. So that now they had no more to do, but fince their hopes failed them at tferfey, to have an eyetotbe Treaty at Brcdab, where theydefired to fend Commifiioners. My Lord, this letter to be prefented at Brcdab, was managed at Mr. Loves houfe. Col.AfojJVy, Col.Gravcs, Titus, &c. Thtf- were the parties There were Letters fent to them to act accordingly J and Titta fent letters to the King and Queen, and Viercy. And again my Lord, for the Commiflion j it was as tranfeendent a boldnetfe, as ever was done by private nun ; and the Commiflion was corrected by Mr. Love ; for it was rough drawn by Willi imDra^Cy which was the Englijh Agent here. But Mr. Love in his ftudy, and Do&or Vra^e, did help to corre&it. The fubftance of the Commifsion was this : We the Presbyterian party in England, do authorise you, Francis Lord Willoughby of Fariham, Edward MaiTey , James Bunce, Richard Graves, and Syias Titus, to treat on our bib ilf, and the reft of our ^Brethren the Presby- terians of England, with the King, and to affift our brethren the Scots Commiffioncrs , In their treaty with tbclSjng, and to do accordingto the InftruH ions annexed. My Lord, here be the heads of the Instru- ctions : That the Commifsioners mould ufe all arguments they could, to move the King to give the Scots fatisfaction, and to take the Covenanc j and particularly to inform him of the condition of af- fairs, and how things ftood in England at that time j all which then cried out for an agreement with thtScotS; giving them full power of all things, and what fhould be concluded by them thecommif- fioners, ftiould be confirmed by the confederates. I think, my Lord, here was a very la: ge commif- lion > whatfoever they thought fir, they were willing to comply with and make good. My Lcrd, at Mr.Loves houfe, at the fame time it was moved (according to a letter from my Lord Picrcy to William *Drake) that a good fum of money might be fent to the King, as a great means todifpofe the King to an agreement with the Scots 5 but they did not think fit to be cotened of their money, but if this con- junction did follow, then to raife money considerably. And they went on fo far, as to debate how to raife this great fum of money for this pious work, as you fliall hear by and by, under what notion when propounded. Thofe men agreed, that the beit way was, that theMinifters fhould havefcveral correfpondents 5 and that they fhould propound the lending of 10,20,30,40, or 50 pounds, for a cha- ritable ufe 5 but you mult not ask what this charitable ufe is for. And this charitable ufe, what would it have been ? if God had not bleft the battle at Dunbar, we mould have feenit. My Lord, a little be» fore the battel at Dunbar y when they had a letter from Maffcy, or Bailey, or fome body, they then bc^an tounderftand their brethren better then before -, for he did in forme them, that notwithstanding what was pretended, yetfor all that, there was no EvgliJJy imp'oyed, nor was the King crowned. This did difturb the minds of the confpirators very much \ infomuch that they did expoftulate with a teirgelct- ter wtkten by Mr, Love and Dr.^r^e, written in atab!e-bock infack, and fent there i rh y did ex- poftulate with them, becaufe the Presbyterian party, which was the >.vei-nling party, were grownc fo confident of carrying all before them, that they did neither crown the King, nor mii.ie the Englif,\ They did blame them for this, feeing this going upon a fingle in:ereft, and upon one party alonf, which i g The Conned for the Common-wealth fitting the matter of Faff. Which tlu-y did call godly, would not do we 1. And my Lo:d, it proved fo indeed, they carried it on upon this, till the battel at Dunbar caim, and then they began to be of another minde. After that battel, there was a letter fiom the commiftioners ofEltates, prefsing for Arms and Ammunition 4 and lettcis from Majj'ey and Tim for money to be Tent- My Lord , thefe ^ood natured men, notwith- ftanding they had been fo handfomly dealt withal when their brethren were in power, yet for all that, fo fierce and eager were they to carry on this great defigne, which God knows what it would have come to, they notwithstanding, upon Mr. Lwwpropofition (tor he was the man who did propound it) agreed tof.nd 500 pounds pTetently to Majjcy. My Lord, this money was railed, and fubferiptions taken by Mr-Lcue bimfeif at his own table ; And this is proved by one who brought his ten pounds, he brought it to Mr , Low, and would trull no body tile with it .5 and this was fent away prefently by captain &laf* fey. My Lord, there was a large letter fent alfo with the money, wherein was good counftl 5 for be- iides tke money, he did w:itc to advife his brethren, that it would be notable fervice to indeavour after union. The letter was lent, and that large letter inviting to union had been delivered to the AlTtm- My, and that would help to qualh the diftenting party in Scotland, who had made the King a piiloner. But'now the State and Church were all agreed, and this wis the fiuit of Mr .Loves letter. And if they bad not been fo united, they could have djme no harn 5 this letter came fo feafonably that they conceived it very considerable. They prefsing to uWon very much, by this means did qualh the diflenting brethren, and by that means they came to be as now they are. My Lord, about Cbriftmat laft, there C3me a letter frouiM/jQ', which gave an account of crowning their King, and of great preparations to take the field • and that the correfpondents here mould beware or umeafenaMe riling, and that they were mod airraid that thefe perfons would rife too fcon, and fo fpoile all. My Lord, in anfwer to this letter, they v/rite back again to.Mrty here not to be too forward. This was the fecond auvice.; and fee the reafonof iff for if M Love fate at the helm, as he did, all the meetings being at hrs houle, after Tirade wen- away he ftill ftating the qucftion, drew thefe letters and corrected them. And if he were fuch a main ftickler, n uly rhere was very great reafon for his advice. My Lord, about the middle of ZMxrcb laft, Col. Bam fields man brings an anfwer to the mclTagein the table-book written in lack, containing foure or five meets of paper*: Uponthis packet there was nothing written but the letter L. to deliver to one of the confpira- tois ; 'and feeing nothing but the letter L. written, he carried it to Mr.Lote, and DAr. I cut did own it as lent to him 5 and that was the large Narrative of the ibtc oi affairs in i Sect Ian d,z(w the fight at Dun- bar how things Hood there. My Lord, with this Narrative was fent alio a letter from Mr. Bailey, bv order from the general Affembiy: they did order Mr. Bailey (which was the Scotch correfpondent there) to write a lat'C letter 5 and there was another letter from my Lords of Argile, Lowdcn, and Lo- tbun &o it is worth your obferving what this letter was that came from thefe men : Firft, thanks for thc^ood affect-tons of Mr. Love and the reft of the confpiratcrs. Secondly, incouragemenrtoperfevcre, an/toctedu Bamficlds negotiation for money. Thirdly, promifed to repay all , wha.ever they fhculd lend : iiut when, and by whom this payment fliould b«: made, the letter will tell you ; and that is, when God (hall blelTe their endeavours in procuring a free Parliament in England. So the Parliament in Eng- land muft pay all the Scots debts, that thefe confpirators mall lend. Truly I thinke it will be a very free Parliament indeed, when it comes fo free out of the peoples purfes. My Lord, Mr. Love and otbeis^ave Bamfields man that brought this Nan ative out ot their own purfes ten pounds, and fent a bill of ^exchan^e of jo. pounds to Bamficld ; by one witneiTe it will be cxprtfly proved, that ten pounds of this money came out of CMr. Loves pwtfe. My Lord, William Drakes laft letter did informe , that Maffcy would break into England as foon as there was grafte for his horfes j and therefore he fent to have a good bank of money provided in readineiTe, and that they mould think of timing a party, and th3c they Inould neither rife too foon nor too late, but juft when Maffcy came ins this Mr. Love told Majer Adams, My Lord, now we come fo near to the time, as that one of thefe confpirators is apprehended by the Councel of State. When he had been in reftraint three daies, he fent to Mr. Love, and Mr. Love game to him -, but he had been at a kindc of a Faft, for they did keep Faits once a fortnight ac leaft, and prayers The Coufifdfor the Common-wealth fitting^ &c. 1 7 "Prayers, for the good fuccefs of thisdefign, That God would blefs this wonderful Trcaft n ', which was for the making, by the Scots Army, an utter fubveifionof this Commonwealth j and the f:ee,anl noble, and magnanimous people of EngUnd, fhould be made vailals and comnbuta.ics to the S\oa Nation > This was the delign, and for this deiign, the Miniilers failed .and prayed : But it is plain, God did ab- hor fuch tkings. And, my Lord, Matter Love took upon him, tofpeak cofticperfon under rjeftrainY, Taleebeed, faith he, W^ you do, laft you wrong jour (elf or others > and laid, ItU true, Ticus bkwtjnbilk broken up Pipers, but we Are ill well enough j but give notice to the reft of the Confcdentcs , Thi t ibey nay not be furprifed i but be you not troubled, beaufewc hive prayed for you tbhdjy : And they implored the God of Tiiithj that nothing of all this ihouidcome to light, but that we iliould tc in the daik ft'U ir generals. M/ Lord, This is the true itatcof the evidence, as near as I can pre fen t it/ with a frail memory : And, my Lord, I hare opened nothing but generals,your Lordihip and the Courr,v.ill Judge ti I ', and M ifter Love will have ;ln lefs todo to anfwer : But it appears by this, That there ba:h been fuch a p-ittice, fuch a feries of Treason, Treafon upon Treafon, that one Ad of Parliament is no: enough r'Co. tain i; i but all thofe A6b of Parliament read, every oneor them make hjrii aTraytrv-. And, my L.i'd, I ->-ii forry I have taken up fo much of your time, cTpecwliy, wheii you hive (pent fa muchtfpac b.tore : If your L.rd hip the-efore Will be plealtt to have the patience to hear the \\ i:mii\s, we /hail prove more then I have yet opened. At. gen. My Lord, Thtswa-. an ea:ly Treafon, that began betimes tocrufli the Commonwealth in irs infancy : And, my Lord, Mailer Love being linglcd out for ju it ice, you will anon: obferve, tbet e was lingular caufe fori: j and it bchad hadhisdefert, it had been long before now « RutSutes can play foineJ ues with Treafons,and nor rake a time tell they Ice fir. My Lord, This Treafon, as I have openedittoy.ru, b-egan in theyear 164S. The King o\ Scots fo called , bat take notice, That the fan's Nation and Pcrfons that proclaimed him King or' ScbtUniL, prochimed him King of England alio at the fa-metimc, in the fame Nation 5 and thofe perions that proclaimed this perfon King of StotUnd, iht fame proclaimed him King of Enghnd. My Lord, You have beard fome of the Conspirators named, Titus and Vri^e, a&ive men both of t'em \ Thefe men have been fo ingenuous, That they have A:d fortheirTreafonsj not withstanding this Gentleman, a Mini iter of the Gofpel, he cfoth noidctfo > ihey have confeft their orT.nces, and are fl-d for them j they dare nor appear, they have fo mu.h gutft within them, that prompts them to keep away 3 but this Genclcman hath not fo much My Lord, Drih v c \\:s (0 adive, and it was carried on with fo muebfecrefie, and fo much (as tbey thought) of Caution, Thar Matter *Dri{c writing, as that Gentleman next Mr. Love doth, in Jho:t hand, he r bunt his Papers, and burnt all where any thing was to be feen, fo that no originals are to be feen. My Lord, in this cafe it "hath been opened to you, whattranfa&ions Mr. Lo-yehad \\i:h Scot Lnd - s and yo-u have been pleated to obferve,it was atender point, that Mr. Love did enter ■diicouvfe with the Scotch Nation, Mr. Lcrcwas very much troubled atitjand he may fee juit caufe to be troubled ar it : And will yeugive me lcavc/hcie hath been Blood and Treafurefpent,as was told you "by Mr. Solicitor. I am afraid, Tmighc toa juftly fay, by that Gentleman, andtbofehedid feduce, That they have been too much the caufe of ih : sBlocd, even that Gentleman that ftandsat the Bar, that lhould be a man of peace, and not of bloo^!. My Lord, I may juftly fay, That that Gentleman hath been too much the caufe of thefe lat* Engagements between thefe two Nations, and making himfclf a party 5 and it is a fad tiling, when. panics appear againft a State. My Lord, Iamroomuch afraid, what ever God plea ft s to 'work upon him, That it fhou'd couch his Confcier.ce, that he lhould be inftrumcmal in fuch a woife. But 1 verily believe, had there not bin actings fro n hence>there had not bin (o much forwardnef* in the Kin*;s party to the Scots. My Lord, I will mir.de that Gentleman of what is faid of the fifth of November, I am lorry for it, that it fhould be (aid of our Mirfiiters , whole Faith is Faction, VVbofe Religion is Rebellion > it is faid fo of the Rotnilh Ministers, I hope it will not be faid to of the Engli'h, "That thdr Faith is Faction, and that they pray for ihife, and fait for ftrife. My Lord, for thefe men, Dn^e^nd Thus, they are gone, as 1 faid, and they did confefs themfelves fo much guilty, as that they have fled for it 5 and Mr. Love doth know (lam lorry to fee him in thatgelture) that he was converfant with them all, and doth know ("I believe) that we can prove it j and when he hears the men named, he will fay fotoo. Truly, rr.y 'Lord, I have nothing to fay again ft the perfon of the man, but againft his vices and faults , and no- thing to his Fundi jn, and nothing to thofe whom he pretends fo boldly to rcprefenr, that is, the Pa shy. terian party. We do all know, there are many honeft, precious and godly men, that have received r.o ''diicountenancefrorn the State j nor this Gentleman^ thac mould eive him any countenance orencou* : D " w r"5gerrerft: I 1 8 Captain Potter thefrft Wmt§t. / ragement to oppofe the State : But it is fomewhat a bold thing, for a particular *man to be the head of a party, and they to engage as reprefeming aconfiderable party, to engage to fend Commiflioners to agree upon Inftru&ions ; this is very bold. But, my Lord, God be thanked, many of thofe that were feduced at firft, nere wile, and did come in before the laft j and did not ftrut it out, my Lord, with States and Juftice, as that man bath done before now, and at prefenr, even out- facing Juftice, and boldly, I lay, wiping bis lips $ hehathdone no offence. My Lord, they were fo bold with ScotUnd, that there was a known Agent there maintained and kept, between Scotland and them 5 and I will tell him the Gentlemans name, his name was Mr. Sterns $ and, my Lord, when he went away, the Ad re- quiring tbofe of the Scotijk Nation to be gone, that Gentleman did fupply him with money himfclt 5 and othes gave him eight or ten pounds in his purfe to carry him away. My Lord, I believe he knows this, and I am forry, That that Gentleman that hath gone along with us in much of this War, that he fhould at laft, fo much betray his own difcretion, as rather to truft a reconciled Enemy, then to be true to his ownjFriends. I fay, Me trufts a reconciled Enemy, and a weak Enemy, and that he will think, and will know, that they might betray him 5 as juftly may be done, when men fo caft themfelves upon the,Paity of the King, and Queen, and &ircy t and Jermine-, it is no great policy nor difcretion to have fo many of Councel : they fay, three Kepscounccl $ but this Gentleman hath now 20, 30,40, in Scotland, France, and Holland, and Agitations between them, and frequent Zntercourfes. My Lord, Khali now call the witneflesouttoyou, which when Mr. L we doth fee, himfclf will fay,are honeftmen, and to be believed. Mr. Love. My Lord, I befeech you let me fpeak a word. At. Gen. My Lord, he bath heard his Charge in particular } and thofe things, which if he be ingenu- ous tohimfelf, and bis own Conference, he cannot but know we mall piove them 5 and before we prove tbem, I defire to hear, whether or no he will confefs them. Mr. Love. I hope this Court will not hearken to theinflnuations of inftruments of State, who are well rewarded for their eager profecution of men in foch a condition as I am in j it is an eafie matter, through floutilnes of Law, and ftrains of wit, to ftir up the mindes of my Judges againft me. L. Pref. You have heard the Matter opened to you, which you cannot in any Chriftian, or godly Confcience, or Underftanding, but acknowledge, That fuch Secrets asthefe you were privy to, and came to your band > you cannot, before God and man, do better then to confei's thefe, which you know by the urging of them upon you, are come to our knowledge. }A:>Love. Will you give me leave to exprefs my felf, as to thefe things which I am now charged with, I do declare and protcft,in the pretence of God and this great Affembly, That I never wrote any Letter, either to the Kin<* of Scots, or to the Queen his Mother, or to the Church or State of Scotland, in the general, or to any particular perfon of the Scotijh Nation, (ince the Wars began between England and Scotland, to this day. I dodeclare aifo intheprefence of the fame God, I never received any Letters written to me, either from the King of Scotland, or Queen his Mother, or from the Church or St3te of Scotland, in general, or fiom any particular perfon of the Scoiifi Nation, fince the Wars began be- tween the two Nations, to this day. I declare and proteft likewite, in the prefence of the fame God, I never collected, or andlthinkinjuftice, you ought to examine Witnefles before hand : But it is clear and evi- dent, That this man bath been a party with him. I do humbly conceive, it is fo clear and evident, that rather I fliould except againft the witnefs, as an incompetent witneis, then Mr. Love, becaufe he hath been a party with him j but I defire h: may be a competent witnefs, and one in whom there is more in- genuity, then there is in Mr. Love. Mr. Love. Sir, before he fwt-ar^, I befeech you ask him this cjueftion, Whether he hath not been threatned with death, if he would not witnefs againft me. L. Pref. You cannot over-rule us with your befeecbings, and befeechings, it will not doit j your over- importunity fhall not prevail with us. M. Love, Let God prevail with you ; though he may be legalis tefth before Conviction,yet he cannot be fo after Convidion. The Clerk, The evidence you /ball give, between the peepers of the Li bcrtics of England, andtUpri- foncr at the Bar,JhaU bethe truth, the whole truth, and nothing but the truth ; So help you God. He is fworn. •* L. Pref. Now look upon the God of truth, and fpeak the truth. C. Pot. I lhall fpeak the truth. At. Gen. That Gentleman was pieafed to truft others, aslfaid> even reconciled Enemies, and fell from his Friends. I do giant, that this Gentleman hath confeft 5 and if every boneft man confefs his fault,that i$no offence i for an honeft man queftioned for a fad, to confefs the truth thereof. I have not heard that that is no good law > and I do fay, that before ever this man came to be examined, we did know it all, and perchance from thofe that this Gentleman thought fitter to truft, then us j but we did fo know it before, that every circumftance was opened by us 5 and we did convince this Gentle, man, and others, though not Mr Love : But -5Mr. Love faith, He muft not accufe himfelf, he muft not anfwer j but this Gentleman did more ingenioufly. I do afHrm, That he was qucftioned to every par- ticular, before he anfwered : Andwedoknow, that the State hath long hands and ears. Now, my Lord, if you p eafc, ask »5W. Potter what he knows of this bufineis of fending to, and receiving from Scotland. L.^Pref. You are upon your Oath, and in the prefence of God, then whom there is no higher upon the earth, that is in the feat of Juftice, and without relation (as Mr. Love faitbj to the parties j there- fore tell the truth of your knowledge, in the tranfaction of this treacherous treafon, that hath now been above two years in the paflages, between the Presbyterian party. At. Gen. No, my Lord, we will not own that upon them ; there arc fome that do ftile them felves fo, The Presbyterian Party, that are confeiencious perfons, and pious, and godly men i and I fho'-dd do them wrong, mould I lay it upon them i but that which I do, is againft thofe that do undertake to ftile tbemielves, The Heads of them. L. Pref. Begin then with that which concerns Mr. 7)rakes Agency. Cap. Pot. I have taken an oath to fpeak the whole truth in this bufinefs ; but that is,the truth I know. I defire I m3y not be preft to things that I have onely heard. At- Gen. You mult, and from whom you heard them. Cap.luOt. I was examined feveral times, and had a wide latitude there $ and then I was to fpeak to every truth, as I thought and heard j but now 1 have taken an oath to fpeak the truth between the State and this Gentleman: And I beleechyou, that I maybe held clofe to thofe things, and I will give you the fulleft and faireft account I can. What lfaid before, was in order to the difcovery of the thing j much of which, I had byhear-fay from others, and in that I maymiftake, in perfons, places, and times; What I have done my felf, and w hat I know this Gentleman hath done, that may be put to me fully. iMr. Loze. The witnefs muft fo fpeak, That we bavefeen and heard, that do we tcftifie. At. Gen. Your Doctrine will not pals here. Mr. Love. It is Scripture, Sir, and it behoves me to fpeak, for I am upon my life. ^it. Gen. Mr. Potter, fpeak what you know, and from whom, and I dedre there may be nogloflcs"]put there, by thofe, who I am fure, cannot do it. I ask youfirft of the proceedings, and fending to $ta- land, and back again to England 5 and what you know of it, and from whom. • C* Pot. AfyLord, the Committee, that examined.me, knows I was not privy to the firft tranfa&ibn; I did fay indeed fomething of .ir by hear- fa v, and I did likewue fay, That Mr. Vu\e told it me 5 but 1 D t rria} 2 o Caftain Potter thefrfi Wkneffe. may erre in that particular, ?ofab\y M. Drake did not cell mcfo 5 for as 1 apprehend, Tfaid, I did think ic did put a neceility upon (he Kin- co agree with the Scots; and then having feen feme papers and confer**) with that relation others have made, I colle&ed the truth of them, as far as I did know' but now I am upon my oath, let me therefore come to ihe mauer 5 I fpake then many things as I heard which 1 cannot aifitm upon my oath. to L.^Prcf We mult judge of what you hive heard. CFFot. My Lord, 1 cannot be certain of that. At. Gen. That is receded from. Bar what do you know of Mifons comin^ over here ? C.Tot. I know nothing of Ma fan, I fawhim but once, and at that rime there paft nothing between us of pubfick concernment, as 1 remember. ° Att.Gcn. Whir was trie anfwer that was returned to that which Mafon did bring I Q.Pv. That I can fpeak nothing to of my own knowledge ; I heard he was come hither, and was he;e to fee the tempers ot men, and to fee bow things were like to go. Att.Gcn. 'My Lofd, ask him from whom he came ? C.Fot. It was fad* be cane from my Lord Picrcy > but thtfc things are fo remote from me, tbatl can fay nothing to them of my own knowledge. Att.Gcn. My Lord; let him [peak what he knows about reconciling the Presbyterian parties. CJFot. I think others can fpeak more clofe to that $ I can fay nothing 6uc by hear-by 3 I heard tbat Afi/jtwdidindeavbur here to flnde how the affe&ions of the people flood, and whether there wa» a nc- ccfllcy that the King mould comply with the fc9ts } o\: with the cavalicring party 3 and that be found a neceility of complying with the Scots. L.Prcf What afTi'tance mould he have from hence ? C.Tor. I know no more of Mafon then this. Ait.Gsn. My Lord, ask him if there were not fome letters returned by Mafot^ in anfwer to what he brought i C. Fot. Not that I know of. LfPrcf. Did you hear of ic ? C. Pot. I think / did hear of it, but I cannot tell by whom r I think by William l\rahe. Att.Gcn. My .Lord, ask him whether he knows of any petition fent to the King of Scots r Cvot. /donocknow of any, but have heard fo. L.Prcf. By whom did you hear fo ? C Pot. By William "Dra^e. L.Prcf. Who did T>ra\c fay did carry the petition ? C Pot. I cannot tell. j Att.Cjen. Do you know of any anfwer returned from Piercy and Jcrm'tn i Cvot. 1 know nothing at all of thefe things. ■ Lvrjcf. Were not you invited to the meeting ? C.vot. Yes,Iwns. Att.Gcn. What did he tell you i C pot. No:hing at all : we bad nothing but common difcourfe there. Att.Gcn. Who was there? - C.vot. There was William Drdfa Major Alford, and I think M*fw snd Titus were there. ,1 pre/. Doyou remember any more ? Cvot. I do not remember, nor can /certainly fay they were there L.vrcf Were not you preifc or moved to goto Jtrfiy f C vot. Not thit I know of. L.vrcf. Did not Titus offer to go ? C.vot. 1 casnot well tell 5 buc at that time, or fome other., he either, was fpoken torogo, or of- fered togo. L.vrcf. Howlongago? 'C.vot. My Lord, I cannot fpeak this of my own knowledge 5 but I have beard fay, J tbiiiJt, a month after the time. L.prrf. Had he any money to bear his charges ? *Cvot t I know of none. Att.Gcn, Weil, what meetings afterwards was there in M.Lovcs&udy ? 3 C.vot. I have been at M. Loves feverall times. Mi.Qcn. My Lord, ask him whether he was not prefent in M. Loves ftujy, when a letter was there fead frona Titus y and who was prefent there, and what were the debates upon it,- and what was the con- uois of the Ulcer, and whether it was nocTorfome co come to Cilkt co him, Cafttin Potter thefrfi Witneffe. 2 1 C.Vot- Theletter I well remember J I cannot fiy it was in^W.Lovejftudy, nor an I fay it was in bis'hoale, I do not know 5W.Love was prefent $ the letter I hive feenit, or heard of ir, it did detirc fomc to cometoCi^ce.ibou!: the treaty > and I remember wellj that M tjor Alford told me he did go to him. L.Prcf. What was the contents of the letter * C.Pot. 1 cnuvjt well remcmberih.it I havciecnit > but I have either fee 11 it or heard of ir, lean- not tell which. L.Vrcf. You mutt be true to the State, and (peak the truth. C.Vot. My Lord, / would be true to the S:a:e and to the Gentleman at the bar too. And my Lord, T can fay no more to tr, /either faw it or beard of it, I cannot teil which. 1 am upon my oath, my Lord j the letter did defire fome body to come to Qalice to him. Alt Gen. Was not this meeting in M.Love s ft udy ? CP»t. I cannot fay it was in his houfe, I rather think it was nor. l pref. Was heprelenc ? C vot. /canno: fay he was prefent,/ chink he was not prefent,/ think M Alford ws fern to the tav.rn. The pipers of Captain Potters examinations were here produced by the Attorney gncnl, and by the Cler^read to him. Att.Cjen. My Lord, thefe were his Examinations. C.Paf. I Increattbis miy be rcmembred (which Ipremifed at fi R) /had a latitude then that I hire no: now, / am now upon my oath, and delire to be true to my own confeienee, and to trie Sure, and to this Gentleman ', /have made (ir is true/ fucha confeflion as this is, and /believe rhe j^reatfit p re of it to be true, acco-drng to the latitude / fpake it in } but now I am upon my oath, and new / a:n to lpuk knowingly 5 the labfhnce of the thing is true, / believe, that he was Lir, an 1 fc-nt upon such things, fomuch f do verily believe to be true, upon my oa:h, bur of the places / jaunor fpcak. Att.Gen. Afford did go to Calice and return, and how many dates was it between his^oing and re- turning ? and where did he give an account of what he did receive from Titus 2 Ca'ice i C c Pot. It is a hard matter forme to fpeak to ;he time, I think about a week \ and for the rtli:inhe made when he came back, as I take it, I met him at the Kings Head in Wdlbro^ upon his lauding*; whether he made the relation tome there-, or afret wards at HM loxcs, whether I heerd of the mter n , or whether I-wasat tbe meeting, I cannot fay. I am fure he himfelf made me the relation j but wne- thenherc, or any other where, J cannot make out. Att. Gen. Upon your oath , did not Major Alford make returne of the ihfwer in A/ift.r iw ftudy? C:~Pst 1 cannot fay it, but I think it was there. Att.Gen. Was Matter love p.efent ? C. Pot. 1 think he was prefent,- and I\think h was in bis h. ufe $ I am -lure A/a;br Alford made me a particular relation between him and I. '^ft.Gc*. Was Sterns the Scotch Agent there or no? C.vot. I cannot lay he was. L.Prcf. W is it read in Aiafter Lives ftudy I C.Vot. I cannot fay I was there. His Examination vm again read to him. Att ecn. What was the fubftance of the Kings letter / C.Pot. It is fo much out of my memory, that 1 fcarce remember there was a letter, it is fo much out of myminde. More of bis Exmtnatton wot read to him. 1 Pre/. What do you remember of this now, is .his true ? C. Vot. I remember J have beard as much, and I believe it is true. l. Pre/. Have you not heard the letter read ? C.Vot. I do not know there was a letter feat 5 nor do Ucnow there was a letter read. I defire to fpeak the truth 5 1 had a latitude then, that I have not now J I had then fuch an information ihswed me, and I fpake to it X© far as I thought it Was true ; thefe papers you th?w ins as my examination, were not of my framing. The Clerk* iook upon them, is not this your band ? .- CW> lknow/uismy hand, An.Ge* t 2 z Captain Potftr thijirft Witm$e. Att.Gen. My Lord, I did go to the Tower to him, and was with him, and did examine him. My Lord, here be thofe that will prove it, that bimfelf did confeiTe, and (aid it was true j and he took time himfelf to inform bimfelf, and had fas he faid) other mens examinations, and informations by j and he did addc and amend, and gave it under his hand. This is the truth, after feveral examinations. And he had papers by him, and did corred them himfelf, and brought them under bis own hand written by himfelf, thefe very things. And my Lord, ask him whether he did not write thefe things firft with his own hand, and bring them to the Committee of Examinations. L.Prcf. Whether did you not bring in your own examinations, and what you could inform, writ, ten by your own hands ? CFPot. My Lord, that is my hand, and what is there I muft own as mine. But I hope you will iec me diftinguilh between what 1 delivered then, as I heard it and thought, and what I deliver poii- tively. I dofay icis true now, as I have heard. L. Pref. Why did you not fay of beare-fay then, as well as now ? AtuCjcn. 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 defire to fpeak it in Gods prefence) I do not remember that I law thelecter from the King, or heard the letter read, or the copy, nor can I fay Alfordtold me fo much, though I think he did, yet I do not know he did. M.Love. I defire you would take notice, whether this be faire, that Mr. Attorney fliould help the wit- nefle, by putting things into his mouth f AttsGen. My Lord, I can help the witnefle by asking him queftions. C.Pot. My Lord, nomanfhallfofar tamper with me, as to make me fay an untruth. Att.Gcn. My Lord, pray ask him, whether he did not write thefe papers, moft of them, with his own bands. C. Pot, True,but to open to the committee the ground of this buiineiTe ; but I did not expe& to fwear to every one of thefe particulars; eAtt.Gen. My Lord, ask him, whether after this return was made there was not a meeting, and in- ftrudions made about thecommiflionto be fent to Bredab? C.Tot. My Lord, to that, I have heard fo much 5 but I cannot fpeak it pofitively. I faw no commif- fion nor inftrudions, I heard there was both. I do not know by whom I have heard it, I think by William Drake- L. Pref. Were you not at Mr. Loves houfe when they were drawn up, and Mt.Love corrected therna? CfPot. I never faw the inftrudions. M.Love. Nor I neither. L.Tref. Did you not heare fo ? C.Tot. I did. L.Pref. To whom to be direded ? C. Pot. To Captain Tim. L.Pref. And to who elfe. C.Pot. The commiflions and inftrudions were to be dirededto my Lord JVilloughby olParbam, Col.Graves, Major Gcn.Maffty, Capt.Tit«5, and Alderman Bunce. Att.Gen. My Lord, ask him whether he hath not beard Mt.Love tell him fo. C.^Pot. Never in my life. L.Pref. Were you not then prefent at his houfe ? CjPot. I know not that I was, nor can I remember. Hh Examination now again read. Att.Gen. Whether were you not at M. Loves houfe ? and was there not a lettef agreed upon to MaJJejf, and Bailie, and Titus i C.Pot. I have been feveral times at M. Loves boufe. L. Pref. Whether were you not at M. Loves houfe with thefe correfpondents ? C.Pot. I have been feveral times at his houfe with them; and I rave been oftner there upon other occafions. L.Pref. Name them. C.Pot. I mean with M.Love, and M. fariifon, and M. Robinfon, and Major Alford, an4 %$*£&* zndM,Gibbons. LfPref. What was then agreed upon about letters when you were at 9A. Loves houfe ? C.Pot. I have a very bad memory, I cannot fpeak to time, and places, and perionsj fuch letters I have heard of were written, I profeile I canfpeafc.no mott^nowingty. I nemtod ajrandin any one letter, but fuch letters I have heard of. L..tref. Caput* Potter fhefirfi WHntftt. 2 3 L Pref. Upon what account did you meet at M.Loves houfe ? CfPot. 1 met there fometimesupon a friendly account, fometimes upon a chriftian account, and fometimes to hear news, and fometimes to tell news. L.Pref. Where did you meet with thefe perfons,with William Dra\e> and thefe fo often mentioned ? C. Pot. My Lord, there was a correfpondency in point of news. L. Vref. Between whom ? C.Vot. Between czpt.Tim there, and Willim Drake here, and he would tell us many times news L.Vref. Do you know Titus was imployed as an Agent hence ? C.Vot. I think he was. L.Vref Had he money collected ? £.*Pot- I do not know of one penny I lent him, and I never contributed to him. Att.Gen. My Lord, ask him , whether himfelf did not upon an occafion contribute ten pounds, and bring it into M.Loves parlour. 6'. Pot- Iconfeflethat. Att.Gcn. For a table-book that was written in fack, do you know of any fuch thing ? C.Vot. Ido. My Lord, I went to WilliamDrake in bis retirement, and he was writing out of bis Pa- pers fomc letters in a table-book, which he told me was in fack, as I take it. L.Pref. Why did he write them in fack? C.Vot. I take it, becaufe it mould not be difcovered. L.Vref. Do you not know to whom the letters written in fack were fent ? C.Pot. I know not ', but he told me to Bay ley and Titus. L.Vref Where was Bay ley and Titus then ? C.Vot. I know not where Titus was, but I think Btyley was in Scotland. L.Vref. After Drake was gone, where were your meetings ufually \ C.Vot. Many times at M.Loves houfe. L.Vref. When you did meet there, what did you meet upon, was it not to receive Meflages from Titus and ZMajfey, and Bunce, and Bailey, and to return anfwers ? C.Vot. We had fometimes letters read there, but from whom they came, or to whom, I believe few can tell, "i cannot tell ', fomething of news we have heard, of affairs s that was the occafion of my co- At.Gen. Did 5W. Love never tell you the occafions of thofe meetings, and prefTe you to lend money to torntfhtf#r and riww? C Vot. I can fay nothing to that. Att.Gen. What fay you to the private fafts ? C.Tot. There were private h£ts. ^Att.Gen. What, for a blefling upon the treaty at Brtdab ? C Vot. There were fafts kept, but I never underftood they were for any other end, but for the fins of and judgements upon the nations 5 and for the moft part there have been hundreds of men and wo- men there. . Att.Gen. Did OA.Love often officiate there ? C Pot. He hath preached and prayed. -• L.Pref Did any pray for a blefling upon the treaty ? C.Pot. I cannot fay fo. Att.Gen. What fay you to thofe 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 Majfcy. L.Pref. And where were thefe publifhed ? C. Pot- My Lord, I can fay no more y I have heard of thefe letters too. L.Pref. Were not you prefent at M. Loves houfe when they were read or made known there? C. Pot' Poflibly 1 was 5 I cannot fay I heard the letters read there, I did hear letters by a private hand occafionally afterwards. mAtt.Gcn. By the oath you have taken, were you not prefent at M.Loves houfe, when thofe forefaid letters from Titus, and Bailey, and Maffey, were publifhed and read ? CTot. My Lord, I cannot fay I was there, and I dare not fay I was not ; it is a ycer ago > I believe I was there feveral times when feveral letters were read, and ic may be when thofe were read. 1. Pref. Whether was there not five pounds given to a meilcn^er that broaght them ? • T] Clot 24 Captsin Pottct tkefirft Witnefit. C.Vot. Ihave heard there was, but I do not know it. h.vref. Did you contribute any thing towards it? CVot. Iibink, I did contribute ten (hillings. L. Pre/". VVhocon'.ribuced befides yourulfe, C % Vot. I know no:. Att.Gen. Was there not at Mr. Loves aptomifeof amies, or letters/ C, Tot. My Lord, I cannot fay To. Ait. Gen. Wit can you fay/ C.Ptt J have beard there was. Att.GeP. By whom have ycu heard ic ? C.Vot. I cannot lay by whom, or who told me f>, either 9dr. Alfori, or Aims, or Vir or feme of tbofe men that ufed to meet there } tcr it was common, when 7 w.is ho* ihcre, ior fjme or other to meet with me. tAtt. Gen. Dii Mr ,ltvt contribute to the melTenger ? C.Pflf. /cannotfay, hedid. Att.Gcn. My lord, I do no: ask him one quiihon, but what himfelfe batbeon'dt. C.Fot.I do remember fuch letters /havehead did come, bu: never fa vv thofe ltresj 7d aanewte gathered lor ill* meflenger, and 1 do be&tve / contributed remember I beard there wis hve p ten (hillings towards it. Att.Gen. Wnoelfe give behdes your felfe, and who rectfve i \ AitCjen. Whether was there not a Dtclararion to the Church of S C.Vot. The D.cla-ation, I know nothing of ir,y ou r ememb ge* ic ofr ic at the was firft examined, but 1 k cw nothing of i:. Att.Cjen. My Lord, Aik him, whether the State and Church did n:: v . j .. to: amies and am ni:ion at tint ti;r.e after the fight. *?. /frofefle, 2 know net. ei/ani then published ? Committee, when / CSot. My Lord, I have heard fo mud), bur c^imo: Ipi ij [y to ic 5 I have heard of luch IcttC :s» bur cinno: till bv wi otn : / law il tAli.Gc*. To whom were they dircctcj - ; C.Vot. I never heard who wrote them, n< sdju Ait. Gen. Was:iie;e no: onele;:er wknX.upon iv$ C.Vot. My Lord, A-bout the le:ter L. 1 did ...ceive ihofe -letters mv felf^ there was an L written upon them : My L ^rd, thefe letters cam.: r. .\ n 1 _ , ... there was in tbefe lexers a large /Marra:iye of the Affairs of Scoilml, ffora punbir ne dace ov them, which i think was about Chrism*'', this is a thin^, I kno.v better then ( / am iff: lid / g:ve crF;nce by faying, f think, and Jbtard, andthat I cannot fpeak poiuively., bar o: this / can fpeak positively.) BioifitU gave an account therein of ^Narrative of two meets of paper, and /, and another, or two, opened them, and I carried tbcfe letters to Mr. Loves, there was one ortworitore, witbme; Mr. faqaclljind /think Dr. T>ri\c t Icinno: w:il tell. There was a Narrativcof fch* StW Affairs, and a Letter from name, leflepcrfons, which wefuppofed to be from Afire Billy, and from my Lords of Argilc, and Loxvien, and Loihiin, and others, wbofe names I Joe no: remember: thefe Icters wrote for ten thoufand pounds, for buying of A-.mcs, and raring of (hipping* tbefeleturis wedi&ked, and we diifrnted from them, and agreed to give a ne23:ive anfwe; 5 but we thought fit for our own fafecy, toraife feme mo- ney for the meflenger, 3nd Bdmficld, to which / contributed ten pounds. / carried all thefe le-cers to Mr. Loves 3 one or two were opened, I think we opened them ,the Narrative and my Lordof Ar- ^//cj letter /opened before / underitood what they were. An. Gen. Why did you carry tbem to Mr. Loves i C.Pot. There was a great dcaic of news in them : there wis a lettti L. and I did in my examination fay, I conceived it was co Mr Lcvc : butnowupon my oarh, I do not remember very well> and I do not think ic was to Mr. Love. I.doconfctfe, learned thefe letters to Mr. Loves, I, and CSir $j$uct> thefe letters were opened, but whether .Mr. Love opened them, o- 1, or the other, I cannot tell. Att.Gtn. Wi-.h whom did you leave them ? C.Pot. I brought them away all of them. Att.Cjcn. Were they not read? C. Per. They were all read. Ait. Gen. He confefTctb furchetj-he paid cenpounds: to whom were the letters directed? Q.Vot. Tne letters had no direction a: all upon them, I believe. An. (Jen. My Lordy Ask him whether there was not a fum of four or five hundred pounds agreed to be rai fed. . Cm Vst. The adrife that wasgWen to that, -was, that we fhould do nothing in it, and we did nothing in Captain Potter tbefrfi Witnefic. 2 j in it more then I tell you, I carried thofe letters to them, and had difeourfe of them,and refolved to do nothing in them. AttXjen. Why did you carry them toMr.Lovcj? 6*. Pot. I went for advife what I mould do in them. Aft. Gen, My Lord, Pray ask him concerning the toure or five hundred pounds, and for what and whether this difeourfe was at Mr. Loves houfe, whether there was not a Propofition for railing of four or five hundred pounds,, and for whom this was to beraifed, and where to be rai- fed, and by what means? C.Vot . I beard there was, I do not know the place where : to this I contri- buted ten pounds, I brought it one evening to Mr. Loves houfc, and there J left it. Att.Gen. Where was this money agreed to be raifed ? C.Vot. I cannot fpeak to that. Att.Gen. V Vho took the Subfcriptions ? C.Vot. I cannot fpeak to that neither. Att.Gen. Did Mr. Love contribute ? C Pot. 1 cannot fay he did. Att.Gen. Was it in his houfe ? C. Pot. I do not know that 1 fubferibed at all, 1 do not think there was any fubferiptionsj I amfure, /never fubferi bed my name. Att. Gen. When you came into Mr. Lovej palour, and left the ten pounds, did you not give him a twitch by the hand ? C Vot. I cannot fay fo ; His Examination was again read, L.vref. Is this true ? C.Pot. The fubftance of it is true. L.Vref. Of your own knowledg ? C. Vot. Of my own knowledge, that I left fo much money. TbcClerli reads mire of bis Examination. C.Pot. This is a Sedion I never worded, nor phrafed my felfe, I have heard as much as this comes to, but cannot fpeak it knowingly. All- Gen. Did you not write this your felf? C.Vot. Ibelivenot, I cannot pofitively fay, that Mr. Love either drew up the letter, or received the letter. oitt. Gen. You fay he received the letter from your owne hands ? C. Vot, But not the letter from Titus, and Bailj. Att.Gen. Do you know of a way of correfpondency laid at fyndal, or no? C. Vot. / heard there was fuchacorrefpondency. --',•'.,- An. Gen. By whom ? C, Pet. I cannot fay by whom. Att Gen. Do you know that Groves was fent to look for letters there ? C.Vot. Yes. "L.Vref. Did Mr. Love know of it ? C. Vot. I cannot fay he did. Att.Gen. What had Grow for his pains forgoing ? C.Vot. Ten pounds. At. Gen. From whom ? C.P.Ipaidit. At.Gcn. Did you receive any of it again ? C Vot. I did receive fome of it, /received two* io s. by feverall perfons. Att. Gen, From whom? C.Pot. From Gibbons,and Alfori, and Par* At.Gen. Not from M.Love, C. V. I do not know / ever bad a farthing from bim in my life. Att.Gen. My Lord, ask him whether there was not letters rerurnrd to Bim/7c/iagain,and by whom. C. Fof.My Lord J did receive a letter that J fuppofe was loBmfielL L.Pref. from whom did you receive it ? C Tor. }t was left in my fhop. L.Pref. By whom ? C.Tor J cannot fay by whom. L.Pref. Whom do you conceive it came from? C.vot. J think from M. Love or Dodoi Dra^e. Att.Gen. Do you conceive fo ? My Lord, ask him whether Mr. Love or Doctor Dra^e was not ap- pointed to draw the letter. C.Pot. When we were together, there was a negative anfwer refolved up- on, andthisanfwertothe beftofmy remembrance was agreedto be drawn up by Mr. Love, and Do&or Dra^e: but J received this letter. At. Gen. And who received the thirty pounds. C.Tot. J cannot tel. y*f. Ge». Bat you fen: the letter. CPor.Jdid. At.Gcn.Ask him whether he did not fend for {M.Love ,an& what difeourfe paft between them^fince he was in prifon- C. Tor. J did fend for M. Love, and he did come to me, and Jdeliredbiscounfell as a Minifter, and J told him upon what fcore J was queftioned,then J was queftioned upon M Coofconly, and he gave me encouragement onely as a friend and Minifter of the Gofpel ought to do. tAt. Gen. What was that? C.Tot.H; wilht mctomakeaChiifti- an ufe of my affli&ionsjand gave me fome other inftru&ions, we had an hours difeourfe, and h was all to this purpofe:he wifltt me to make a Chriftian ufe of my reftraint,and to labour to get Chriftian Wif- domeand fortitude. L. Pref. What did he fay more to you? C % Pot. My lord, no more paft be- tween us, and J gave him an account ofvvhatqueftions J was examined uponin C'oo^bufinefTe. L.*Pref. Did you give him an account ? C. Pot. J have faidfo, and he did advife me to prudence,' and fortitude, and courage. At Gen. Did he not advife you to be couragious, and that unieile you difcover one another,you were fafe enough ? C% Pot. My Lord, my keeper was with me, and we had no fucb difeourfe. At.Gen. Did he not wifh you to be filent ? C. Pot.Either then or fince he did tel me there was a letter came from Jf.Prtffothat told him Tim his man had taken fome letters from T/'f«;jbut be could not con- ceive how it Could concern me. E /it 26 Captain Potter, tbepfiWitntffe. Att.Gen. But did he difcovcr nothing, andvvtfliyouto be prudent for your felfe, and them/ C* Vot. He did not then. Att.Gen. VVbenthea ? C.Vot. I fawhimnotfmce.andhetold meof B m fields man. . Ait. oen. How came ic about Mr. Love fpakc with you ? 6". Pot. I did prevail with my keeper to go with me to dinner,and to takeaglafTe or" wine, [and then /provided for SMt. Loves coming to me- Att.Gen. What hath MiftrelTc uve faid unto you ? Q. Vot. I faw her ever and anon. Att.Gtn. What hath fhefaidto you ? C.Vot. She hath wifhM me with tears to have acareofber husband, and not to difcover any thing, / think me hath. Att.Gtn. Did not Mr. lovc fay then, that be had been at a faft, where you were remembred f C.Vot. He did [o. Att.Gen. My Lord, I confefl'e, I was with this man in the Tower, as I am bound ro do by my place 5 to examine him j he had made his examination before I came thither, and Ibrou-^btit with me. My Lord, I did ask him cjueftions, he did anfwer me upon knowledge, he did con fie HI- the truth, but to.'d them, Mr. A tturncj General! waspleafed to help him to particulars, and bring them to his remembrance. C. Vot. I profclTe,tf it had been to fave my life, I could not affirm thcrn,but you putting me in mind of it, I did know of it. Att.Gen. At the Committee of Examinations, thenhehad more particulars told him, and he did confeiTe 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 abufed, but the Councel of State, and the Parliament are abufed, and if this man lhould do this wrong to Mt.Love, and informs the Court and Counccl,and the man be brought upon his life, becaufe he hath affirmed it, and that feverali times before fevcrall Committees. 1\usmin muft not fcape unpuni/h'd, if for no other fault but this, to accufeaman be- fore Authority, and when he comes to his oat"a to deny every word of it. Captain Fijher will wit- neffc, that he did bring all under his own hand, and upon my credir, he did fpeak as fully as we did open, and much more fu'ly $ and I anfwered, uponhere-fay, how do you know it ? and he faid hedidknowit, he did remember it, and he did put ic down pofinvely, and that when Mr. Pr^ewenr, away, ail the meetings were, at Mr. iovwhoufe, and Mr. Love did ftill declare the occafion of the meetings, and the letters were opened by him, and the dil'courfe upon themj and every word he faid upon bis own knowledg. C. Vot. I do confefl'e again, that before Captain Fijher, and Mr. tAtturruy did prompt me Att.Gen. Prompt you, Sir 1 C.Vot. Before he did remember rae 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, 3nd as J conceive to betrue, and another thing to fwear to it pofnively: and the paper allowed me this latitude, fome of ir, I have heard, the reft J believe, and fome J know, and upon this account J believe it is all true, Att.Gen. My Lord, 'Tis polTible, J might wiihhim to exprelTe what he did know bimfelfe, and what he did know by relation of others, andfodidfet it down, and he did it fully and clearly; and after all this, brought it in again written with his own hand to tbeCouncellof State. Att.Gen. My Lord, if youpleafe, Captain Fijher may go for the Original! under bis own handi Clerk The O.iginall cannot be found. Mr. love. Here is nothing at all that concerns me about the bufinelTe of Titus y in ferfie, and a- boutthe letter from Titus, and the copie of the letter from the King; he tels you he doth not know it W3S in my honfe, he tels you it was but a copie^ not the Originall. Captain Pot'er withdraws. Major Alford called, tnto the Court , and takes hit oath. Att.Gen, My Lord, let him declare what he knows either by himielfc, or others, and of bis impioy- ment at Cxiicc ; make the whole Narrative as much as you can remember. Major Alford. AfyLord, J was one morning wifhM to go with William Drake to the Swan at Pow- gate, hearing there was a Gentleman lately come from the Prince, where J fliould bear all the news from beyond the Seas j when J came there, it was one Captain Titus, one whom J had never feen before, and he gave a relation of the good difpotition of thtvrince, and how inclinable he was to take the covenant, andtocsftotf the cavaliering party, and thofe about him, if there were an opportunity to make it known, that there was a considerable party in England that would flick clofeto the ends of the covenant. Upon that Sir, myfclfe, and fome others that were there, did think we were bound in duty, and in relation to the Covenant, to prefTc the enus of the Covenant, for the Prince to take it, and to. M qor Alford, the fecondWitneffc. 27 toprofccutcthecndsof it. And for that Captain Titus fa\d> if we would appoint another meeting, he Would draw up fomething by way of acteftation or petition to the Prince to tbatpurpofe. My Lord, we did meet at the Bear in Breadflrcet, affd there he did draw forth fomething thac he had framed to that purpofe, and he read it j and afterwards fnot at that time) it was agreed upon to be fent over to the Prince. The fubftance of it, was copreffethe Prince to apply him ft- It to take the covenant, and to pro- fecutethe ends of it; andtocaft off all his cavaliering party about him, which had broughc fo much mifchiefto his father, and would do the like to him. This Captain Titus drew up, and this I believe wasfentover, for Titus undercook to fend it over* I did ask how the Prince fhould bemadeto believe, that this coming from an inconfiderable party, aswe were, mould come under the notion ofthe Prtf- byterian party of England, for it went under that notion? He faid, he fhould undertake that by die means ofmy Lord Piercy. And the petition that was agreed upbn, bedid fend over, I believe, fori did not carry it to thepoft-houfe 3 but bedid undertake to do it. ' Afterwards he went over himfelf, artd when he was over, he had information that there was notice of his being here, and of the bulineife he was upon ; and therefore he writ over to William Dra^t (as MVDr and that is all in relation to that. Afterward M.Vra^e resd to me the copy of a letter in characters, which he had wiitten himlelf in his own back-lhop, which he told me mould be fent tothe Queen, which was to perfwade her to perfwade the King, as he came thac way, to dole with the Scots, for thac was the likelieft way to make good his own intereit j bus that was at M.Vra^es houfe, onely becween him andl. Afterwards M.Draltf cold me be had disburfed money about receiving of letters, and receiving of news, and did wilh me that I would let him have ten pounds, and laid he would fpeak to fome others of h.s acquaintance ndothelike, and if he could get up a considerable fum, I ihould have part back again, for he faid the cha:ge W3S too great for him to undertake s and I do think be had ten pounds of me for thac. After Dunbar fight, there was I and fome others at M. Loves, in hrs great lower room, where was a letter read that was faid to be from Ma- jor General Mtffcy, that gave an accounc of the buiinefle of Dunbar ; and alfo did write for Arms, I know not how many thoulands j and to that purpofe, that they might be provided by the way of Holland. But upon that,all that were there did fay- -I heard no man fpeak of providing arms or any fuch thing. He writ in his letter, that for his own neceftities, and Captain Timthit was there, that 'a motion mighc be made for providing fome money to fend over for their fupply; and it was then faid, wewerefo in- confiderable, and fo few, thirtbe fum fpeken of could not be done 5 and therefore it was moved, thac every one lhoutd do by himfelf and friends what he could. This was the fubftance of that. Att.Gen. I believe, My Lord, he hath dealt ingenuoufly withyou. Thisin thegenerall. Iprayycu ask hi;r:, what be knows concerning any letters that fhould have been fent at tbe'beginning of the change of this government to ScotUfti from any part of England. Major tAlford. For that I know nothing $ but beard M-.v2)ri^ fay, that he had correfpondency with fome in Scotland , andl haye heard him ufe one M:.Bailcys name 5 and he bad a cypher which they 'writ by. ft* An. 2 8 Major Alford the fecond Witnefie. An (jtn. For the Swan at Dowgate, he gave relation of that 5 but who was prefent then ? Mdj.Alford. Truly my Lord,it is fo long fince that I cannot poiltively tell* but I am fure I can re- member there was M. Huntington, and William Dra^e, and Lieut.Col .Bains: And I cannot tell, my Lord, I think there wasoneAfr.Hd//. An. gen. Was Mr. Gibbons there or not ? ZMdj.Alf. Truly, My Lord, I cannot tell whether he was there at that time or no. Att.Gen. My Lord, he faies 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 Ihavegtvenyouthefubftanceofit; but for communicating of it, I knew ic from none but onely from thofe there. Att.Gen. Titm took time to draw it up ? Maj.Alf Hedid fo j and at the next meeting at Breadftrect, there were the fame men a*ain 5 and I think at the fame time there wa> Qol.Barton. Att.gen. Was there no mention then fwhenitwas propounded to you to be a considerable party) was it not faid cbeminifters were to be acquainted with it t Maj.Alf. h was asked Titm, how the King fhauld be pofleiTed that this came from the Presbyterian party in England, becaufe it was agreed upon that there mould be no names ufed to it ? he faid there nee- ded none, but onely the ingagement of the minifters in it. Att.Gen. What minifters ? Maj Alf. Truly he did not fpeak a word of any man that I know of. Att.Gen. Was in not then propounded, that Titm mould be fent to the Scotch King before Cemmif- fions came to him, to have a correfpondency fettled between him and fome othe: s here ? Maj.Alf. I cannot fay at that time, but afterwards. Whether at that time or any other J cannot tell, but one time Titta faid, he had learned from my Lord Piercy, which rnd haftened him over, that this bu- finefle was of that concernment, that they that did undertake it fliould be there before the Scotch Com- miflioners did come. And thereupon Titus (a$ William Drake told me, for this was not at the meeting,) was perfwaded to undertake to go about this buiinefie. AtuGen. Whether was there not fome dire&ions given for a letter to be written to the Queen, to pre- pare the Articles with the Scots ? May Alf. I cannot fay any thing but what William Drafoiold me privately between him and I, as to that purpofe, a letter to the Queen. Att.Gen. What was that ? Maj.Alf I did tell your Lord/hip. Att.Gen. My Lord, ask him whether he was not at fupper with Titm i Ma]. Alf, No my Lord, I was not there when he offered himfelf to go, as I know of. Att.gen. What money bad Titm to bear his charges ? Maj.Alf, Thirty pounds. AtuGen. From whom. Maj.Alf. From William 'Drake fingly. L.Tref- Did not *Dta\e gather it up again ? Ma). Alf. My Lord, I cannot tell > I know nothing of any man, but what I did my felf. Att.Gen. We were now fpeaking of the meeting at Mr. Loves houfe, and of Titta letter being read, 2nd he fent. Let him give a particular relation of that again, /make bold to ask him queftions tohelp his memory. Maj.Alf. The letter that wa& read of Titus, was not at Mr.Loves houfe, as I know of (but Mr. Drake for ail things came to him $ and we knew nothing but onely from him * for the correfpondency was fet» led between WiHiam Drake and Captain Titus) nor at any publick meeting that I know of, but what Pr^etold me. LfPxcf. But you were at Mr. Loves houfe,you faid but now. Maj.Alf. I was, but not upon this accompr, it was after I had been over 5 for I do not know that ever I was at Mr. Loves houfe, or ever fpake with him till I went over : if I have, I have forgot that ever I fpakeinmy life to Mr.Lcue about ir, till after I came from C dice 5 and then I did bring over a relati- on, and gave an account of itconcerping Titus his tran fad ions. L.Pref. That account you gave at Mr. Loves houfe ? Maj Alf No, my Lord, I gave it to William Drake, for it was directed to him s and it was three or foure daies after that we met at Mr. Loves houfe, where Mr D reread the thing. L.Pref. At what time was ir ? Maj.Alford. At the time when the Scotch King was at $trfej. Att.Gen. Whether did you bring from Titus a copy of a letter from the King ? Maj.Alford. That I forgot 5 but Titus did mew me a letter, at leaftwife he faid (o, that he bad it from the King, that be fent to this Presbyterian party. And, my lord, he did copy out the letter, and the copy the gave me* which J did bring over. t.Pref- Major Alford thefecond Witneftc. *9 L.Prcf. To whom did you deliver it f Maj.Alf. 1 delivered ic 3o Willim Vra\c, 1 gave it Mr. Vra^e bimfelf, and I think at his own houfr j I think ic was the fame, and that it was read at Hi. Loves houfe. The fubftance of it was this, as he told me, That he took in good part the petition or application that was made to him j and if ever God did reitorebim, and that be was in a condition, then be Ihould think of it. L.Prcf. What did he fpeak of a non-compliance with the prefent Government, and by whem ? Maj.Alf. I do not remember a word of that. Alt. Gen, What faid he concerning the Scots, and what be would do for theMinifters, if God refto- rcd him? Maj.Alf. I cannot tell any fuchpaflage, nor do I remember the particulars of it. L~Pref. The letter was then read you fay ? Ma) Alf. I fuppofe it was the fame that I gave to Mr.Vrake, but I cannot fay ic was the fame, becaufe it was not in my cuftody. An (jen. Did not you propofe to fend fifty pounds to Titus ? CM.xj.Alf. For that, I heard fay that there was fifty pounds fent to him, but whether it were or no, I know nothing of it, nor did contribute to it, nor knew nothing of it. Tdaj.Alf. Did not you make a Narrative yourfelf of what you received by word of mouth from Ti- tus} Maj.Alf. It is very like I did fpeak of it to this purpofe I tell you of, I do not know parti- cularly what I faid. At.Gcn. Did you not receive an account from Titus of bis tranfa&ion at Jcrfcjr? 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 houfe afterwards, did you not make fome narrative of what you received from him by word of mouth / M.Alf. I had it not by word of mouth, butonely by the delivery of papers to me, which he could not bring over with fafety. L.Tref. Were thofe papers read at that meeting ? M.Alf. I tell you, my Lord, I dtlivercd them to Mr. Drake, and Drake did reade fome paper*, and J believe they were the fame, but J cannot fay they were the fame, for they were out of my cuftody. Att.Gen. Who then were there prefent ? M.iAlf. There was Mr. Love, Dr. Praise, Mr.Cafe, Major Adams, Mr. Gibbons, and Capt.F^r. Truly J cannot particularly tell. At.Gcn. This was given him at Mr. Loves boufe,and Mr. Love prefent. My Lord, I pray you ask him whether Titus his mefiage was not well approved of, and the letter of thanks to be returned, and the hun- dred pounds in money? M.Alfori. I do not remember any of tbefe things you fpeak of now. Att. Cjcn. What do you remember was faid concerning him there ? Mi.Alf I do not know what was faid 5 I do not know what any man could fay to them which were papers from him ; I do not remember any particulars, it is fo long ago ; I believe now it is two years ago. Att.Cjen. Do you not remember that this was one paflage in the Kings letter, that the Kingwiiht them to fend Commiflioners to Bredab ? M.Alf I do not remember that. Att.Gen. But was there not a commiflion at Mr. Loves houfe agreed upon to be fent ? M.Alf. That there was. Att. Gen. What was to be the ef£& of that commiflion ? Mi.Alf. It was to advife thofe men to joyne with the SVcfcfr commiflioners, to take advice with tbem, and to accept the Presbyterian party with the King, in relation to the firft petition that was fent. Att.Gen. Was Mafter Levethere i M.Alf Mr.Love was there ; but I do not know what Mr. Love or any man did direct in ir.. Att Gen. Who did corred thofe inftru&ions ? (M.Alf. I cannnt tell. Att.Gen. Who was agreed to prepare the commiflion ? VA. Alf. I do not know, for I believe it was prepared when it came there j I heard that which we call a commifsion read there, but who prepared it, or a&ed in it, 1 do not know. A».Gtff. Did Gibbons bring it ? Vli.Alf. Who brought it I cannot teli. Att.Gen. Who were the Commiflloners f M.Alf. As I remember, my Lord iVillougbby of Variant, and Mafley, and Alderman Buncc, and whether Titm and Graves, I cannot tell. Att Gen. Was this in Mr.Loves ftudyj or in another place, h M,Alf, It was in Mr. Lows ftudy~ Att, 3 o Major Alford thefccond Witncfie. Att.Gen. Was the rough draft corre&ed by any body or no ? Mr* Alford. I cannot tell whe- ther it was or no, nor can I remember any more particulars of ic then what 1 have given you. An Gen. What do you know concerning any inftru&ions to give power to the Commiflioners what to do ? Mr. Alford, At the fame time there was agreed upon fome inftructions for them to walk by, which wis the fubftance of the petition which had been formerly fent, that' is, it preft the King to rake the Covenant and to profecute the ends of the Covenant. Att.Gen. Who carried the commiflion and instructions ? Mr. Alford. One Miftn. Att.Gen. Whowasrhac Mafon? Mr. Alford. 1 did not know him, but I have heard fay, he did belong to my Lord Pieny. Att.Gen. Was there not at that time fome Utters propounded tobe writ- ten to trfe Queen, and tfcrmiie, and to what purpofe? {Mr. Alford. I cannot tell that any of tbele things were propounded there, but Mr. Dra\e had mid mc, and read tome in characters fome that he had writ thither. Att.Gen. And was ic fent ? {Mr. Alford. I cannot tell, for it was privately be- tween him and I. Att.Gen. When this Commiflion was thus brought into Mr. Lozcs ftudy, was there nut a que ft ion propounded, wb.it warrant have we cofend Comnvflioners, and by whac autho- rity, and what was the refolution upon it ? Mr. Alford. We'Iitmaybe, but I do not remember it. tAtt Gen. Do you remember who went with !Ma(on, when he carried away tbis ? Mr. Alford. None went with him, but I, and Mr. Gibbons did cany the papers two or three dayes afcer thac we had from Mr Z?r Colonel Graves? and what fuccee- ded upon it? 5Mr. Alford. I doe not know of any particular, but only of the fumto be raifed in re ipeft of Thus. iAtt.G?n. How rtiould your 300 1. be difpofed of? Afr. Alford. Tnat I cannot teil. Alt. Gen For wqom was it to be raifed ? Mr. Alford. I told the Court that it was propoied for mjJcj, and foi 7*z;k4. At. Gen. Did you pay your money? Mr.iAlford. No, / did not pay it> for I went out of town prefently : I did promile ten pounds, and ten pounds J paid, but J cannot c«.l to whom 1 paid it, 1 believe it was paid by my man. Att.Gcn. Did he bring it to you upon account as paid ? M. Alford. J believe lie did. Att.acn. iVntt do you know more ? Mr. Alford. Truly, Nothing more. Att.ocn. Jfbatdoyou know of any correfpondency fetled at j^cndali Mr. Alford. N xhin% at all. Att Gen. This was iincc 'Dunbar fight. Do you know of any letters that came from the fyr^? of Lowdcn, or Argile, or any ofthofe ? Mr*Alford. No, J know nothing of that. Mr. Love. You confetti' you went to C&llicc, and brought thceopie of a letter from Titus ; Did J* fend you to Titus ? Mr.Alfird. N>, J do not fay you did. Mr. Love. Icisalledgcd by this Gentleman, that it was fent out of myhoufe, Did J write any letter by you when you wentinco Holland? And upon your coming home, you lav the copie of a let- ter was read at my houfe, will you fwcar I was in the roome at the time when the letter was iead ? I was in my hou'e, but did not I go often out and in? Sir,Idofpeak this, becaufe fome at the Com- mittee fait), I went in and out often. Do you fwear that \ heard the letter read in my houfe ? M. Alford. M« Ltrje.it was read in your itudy, but that you were there when the ierte: was read,/ cannot tell. M. Love. He fays he cannot tell that I heard the letter read. M. Alford. \ cannot tell whether you might go out. CM,Lovc. How long ago was this letter. M.Alfard. I think it was at that time the King was at Jerfy, - I cannotremembcr the month^I think about two years ago. M.Love. Was the letter fent to me, or was it received by mc ? M. Alford. I did not fay it wis, I gave the paper 1 brought over from Titm to William Vra^e-, and fome two or tlree dayes after , when we. did meet at your houfe, Af.Prafceread thole papers,tor he told me they were the fame, but 1 cannot tell they were the fame. Mr. Love. 1 delire he may be asked whether I did give my confent to the fending the pretended CommifTion he fpeaksof. M. Alford. Truely,there wasnot any mans particular aflen: asked, that I krww of. L. Tref. Was it not agreed in the geneiall that it fhould be fent over ? M. Love- I pray ask him this qucftion, did not I diflentfrom lending the CommifTion ? i\\,*AlfoTd, I do not remember it. M.Love. Forthebufineffe ofmony, he faith, there was two or three hundred pounJs raifed, do you affirm I raifed a penny? M. tAlford. I did not fay it was raifed, but I fay it was there propoun- ded to be raifed. L. Pref. This he did fay, There was a propofall for the doing of it, and you did per- fwade the doing of it > and be left ten pounds with his man afterwards. M. Low. Ask him whether there was not a letter at that time read, that Maffcy was withdrawn at that time in difcontent from the Court ? M. Alford. I do not remember that particular. M. Lote. Ask him whether the mony was fent to buy armes, or raife foices, or only to fupply his wants, he not having a Uvelyhood. M- Alford. It was not for armes, but it was for Maffey and Jim, to fupply their necefsities. M. Love. But he proves not that I lent any. M. Alford. I do not fay you did. Att, Gen. ObfcrveSir, thcrc was a letter for aroiesac M. Lms noufe, read there, and U.Uve did 3 2 Major Huntington the third Wkncffe. did propound three hundred pounds to be raifed, andpreft the doing of ic accordingly* M. Alford did likewilc lend ccn pounds i you may bclecvc there hath been tampering with this witnefle too. My Lord,askAf AiforX whether there was not a later broughtto him by his Sifter. M.AlfordMy Lord,after I had liberty tor my wife to come to me , (he did give mc a paper, which I knew was my Sifters hand J if I law the thing I could tell, but it did mifcarry. CaptaiuFifber. My Lord the meffenger is here in the court that did take the letter ,of which this is the true Copy word for word. Major Alford xoitbdrawes , and Mijor Huntington is called into the Court >and is [worn. L. Pref. What do you know about M.Loves houfe, about the Commifsion,and Captain TitvA \ {M.Huntington. My Lord lean fay ,that about SMarcb, 1648. I met with Major Alford, and he told me that Turn was in town, and asked me if I knew him, and I told him, I $ and asked him where he wis, he faid he was newly come from beyond Sea, from the Fry, there being Alderman Bunce ; I aiked him where he was, he laid lit le to me 5 buthefaidhe was to meet him the next day at the Swan at dowgatc , that there was to be fomeC.i.izensin order to thofe Gentlemen beyond the Seas, to (peak with him there. I did meet, and the Citizens there were Col. Barton, Col Vaugban } C2pta\ne Majfey, L. Col. Bains, and I think Hollis his man, I am not certain of it > but Captain Far was there: the buiinefle at that time, was only commendations from their friends there 5 and to tell them that be was commended to their acquaintance. And afterwards, he grew into very high praifes of tbePiince, and that he bad the knowledge of it from a Scotch Lord, /know not his name. After this he told them the Prince was running very unhandfome courfes, 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 berej but he did rather incline to join with the Jrilh Rebbels, and did beleeve he would incline that way, unlefle he could get fomething from hence, to divert him from itj whereupon he did hope they would all fet themfelves that way, and that he would get letters from perfonsofh >nour (wriom I know not,) tbatfhould pcrfwade him into a good belief of the Scots, and to take the Covenant i after this there was a meeting again, I think fourteen days after, at the white Hart in Breadftrect, and there I met too j in the time thac I was there, I ciid underftand there h id been a meeting or two before in order to the bulineffe,& Captain Titus did declare he had now-again letters from pei fons of honour,to fend to my Lord Piercy ,and did hope they would fet fomething a foot amono ft themfelves of the like confequence : for Maffcy, Bunce, and Graves could fee no way under the heavens but for the King to take the Covenant , ana " joyn with the Scots, and to engage the Cove- nanting party here. And ro tha: purpoie,he draws forth a paper that did purport that they were bound in honor, and juftice, and confcience,anJ I think Loyalry,to maintain him in his juft righrs, if he would go and joyn with the Covenanting party in Scotland', and that be bad no other way under God, but tha/jwhich if he did, they took themlllves bound in Conscience to help him to his juft tights. Upon this L. Col. Bains makes objection to it, andfaid, it was aMalignant bufineiTe; and did fear there was no good defigne in the thing, and thereupon they did breakup. I cannot tell whether it was fent or no, for they were affraid he would betray the bufinefle. After that T was told by Major Alford. that Bains told them, he was very forry he mould meddle in that bufinefle, and that they would never profper, that had any thing to do with him , for that the fins of him and his Father wc-e fo great j whereupon they were very wary and affraid he would difco- ver the buiinefle. And he, I think jknew no further. Aforthis, I did underftand this letter was fent to the Prince, and 1 was told fo by Af. Alford .th.it it was fent in the nameoftbe fecluded members, and Minifters, and Citizens, and fouldery, and Noblemen; I remember it fetch' d 3 great comparTe: wherupon when the Prince faw this letter-, and had it from my Lord fitnyfrt ftormed at it,& laid Who arc thefe Nob!emen,and the reft? What can they do for me/can they raife me ten thoufand men /Wher- upon there was nothing donc,but TitvA retired himfelf to his mothers houfe, & there lived about three quarters of a year, and came to town after,& did folicitt his own bufinefs. A little after this,l bcardfup. on the bufinelVe of the dVow)that there was another letter fent that did begin the thing again, and now the Prince bad considered of the thing, and fent over the letter, and I heard,that it was to the Minifters of London. I did not fee the letter, bmtAlford and Irak? tcld me it was Co. After this Thus was fent away, and that with a fum of mony, as I heard 3 who lent the mony, J cannot tell, and \\b3tfum J know not: but prefently after this, J coming to town out of the Weft, in Mircb 1640. in the begin- ning of March, the day of ray coming to Union , after J had been here one or two days at moft, J a met Lieut. Colonell Bains, the fourth Witneffe. 3 ^ met with Hollis his man in Fleet- jireet, I do not know his name, he met me, and I asked him what news? he told me, he wondred that I was aitrangu* : and I asked him, what news i faiihhe, if you come to M. Loit's houfe, you (hall hear ncwes ; what is your bufinelTe there, (aid I ? he faid, 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 1 did come there, th.it I did hear, was this; William Drain pulled a paper out of his pocket, that I undei flood he bad put into bis pocket, or withdrawn, becaule of a ftranger, and afterwards he took it out again. The fubftance of the paper was to this purpofe, as I remember, it was in characters, and pulled out of his pocket, and by him read: In the name of the Commiffloners commiflionating the Lord Willoughby of Parham, Major Generall Maffcy, Colonel Graves, Captain Tim, and Alderman Bunce, in otder co the Treaty, in the behalfe of the well affected party in England, and thefe tojoyne with the Scotch Commiflioners, according to fucb inftructions that Ihould be therewith inclofed. And fomc body asked him, what power have we to give fuch a com- miflion i it was anfwered again by Wiliam Dra^e, that we have the Kings command for it, and wee have Iikewife the authority of fome prudent Parliament man, whom wee look upon (faith he) beyond the power of them that now fit: whereupon M.Love replies, Come, come, let it go; and after that I knew nothing. AtuGen. Repeat that again t Huntington. When the queftion was asked, what power have we to fend or give commiflion, laith Vra\{e, we have the command of the King to do it j befides, we hate the authority of fee I uded Members J whereupon Mr. Love replied, Come, come, let it go. &tr*Love. Pray, ask him this one queftion, /fere there no fpeeches between William 'Drakes words* and thofe words he pretends were mine ? Huntington. J remember none. Huntington withdraws. L. Colonel Bains ^ is called into the Court, and if [worn. L.Pref. Speak what you know of this bufinefft ? Biins. My Lord, Concerning any thing that came from Scotland, I never knew any thing, nor did I ever hear anything ; for 7)owgate, J was at two meetings at Dowgate-, Atthefhft meeting, there was a perfon that J did not know, which at the fecond meeting, J was told was Captain Titut, and he at that meeting (where there was nine, or ten, or more, or thereabouts,) he did propofe Tome thing to be done in order to the reftoring orpreferving the Presbyterian Jmereft byway of applica- tion to the King, as he called him, and didadvifeit ro be by way of petition, and that he conceived co be the onely way to preferve the Presbyterian Jmereit in England ^ and that way would be the way to affure him, be had a considerable party in England', andhediduie many arguments, as a duty ly- ing upon us by our Covenant, to apply our [elves to him, and he offered to draw up a draught of a petition againtt the next meeting to that purpofe : and hefaid, it was neceffnry fome thing (hould be done by tome Parliament men, and fome Minifters, and fome CUzens, that were leading men, men that thereby he might be affured that he had a party, and that condderable. At the next meeting, which was fuddenly after, he did produce a paper, which, as J remember, was in mort hand 5 a petition, which was to the purpofe J have hinted. There were -everall debates, whether it ihould be figned, or noc figned, and my felfe, and two more before diflikedic; and before be read the paper, he began to commend the good nature of the King, what good affections be had, and Iikewife did fay, there w;s a neceffity fomething ihould be done to the Queen, and J ermine, and Piercy 5 who be faid, were our friends, that they (hould ftirhimupto comply with the Scotch Commiflioners j and upon this there was my felfe, and two more there prefent, (I hope it fate upon them, as upon my felfe,) difliked the bufinefle, and from that time for my own part, I never heard any thing j the heads of the Petition I cannot fuddenly remember. This papercarries the fum and fubftance of the bufinefle. The Cler\ Jhcwes him a paper which he had formerly given in. %aini This paper, it it be not interlined fince , it was of my own dictating, and wit with my own hands, he loofe upon the paper. I fee no alteration made at all. L.Pref. And this you deliver upon oath? Bains Yes, upon ray oath, to the Uft of my remembrance. And as to the Pdfoner, I can fay nothing. Bains withdraws. Major Adams is called into the Q ourt > ai, d [worn. L.Vref. Declare your knowledge in this bufineife* M.Adams, Touching Alderman Bunce and Mafon, I know fomething by relation touching thecorrefpoodency wirh them. L.vref. Tell the manner of it. m. Adams. I conceive it was earned en by Mr. Z?iu(f,tbac is nowabfents and in Scotland, by one 'Baily. F A t Gen* 34 Ma\or Adams, the f ft Witneffe. Att. Gen. What do you know of uafon, and of letters fent by him ? Mr. tAdms. uafort 1 do know.and / do know he did receive letters. L. vref. From whom ? m. Adams. He faid, from my Lord ^Piercy. Att. Gen. To whom were thofe Utters communicated here ? m. Adams. They were communi- cated to lA.'Drake, and by M.£>rrf£e, to my felfe, andM. Alford, 2nd C.PoWr, and C. F<*r. Att. Gen. V Vas m. Loveprivie toit ? m. Adms I cannot fay that, my Lord. Att.Qcn. Were there not letters Cent to Scotland to them, and back again bitber about fending moderate proportions to the King ? m. Adams. There was fuch letters. L.Vref. VVho writ them ? Mr. Adxms That I cannot tell. L Pre/". Had ur.Love a band in them ? m Adams. I cannot fay he bad. I cannot prove a negative, 7 cannot fay he bad not. AtuGen. What know you of the petition fent to the King ? m. Adams I know nothing of ir, only / was told of it. L. Vref. Who told you of ic ? 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 j for 1 was not there at that time. L. Vref. Wait do you know about the meeting at the Swan at Vowgaxei 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 infome place or other, I cannot tell where, I cannot tell the time, nor the place, but either at the Swan in Fifi-ftreet, or at the Swan at T)vwgatc, or in Cat- eaten (irect 5 in one of thefe three places, I cannot punctually remember. Att.Gen. Who was at that meeting? Mr. Adms. Mr. William Dra\e, Captain Titut, Major Alford, Captain Far, Captain Potter, and my felfe > and I do not know how many more, or whether any more, or no. L.Pref. What paft there I Mr. Adams, ft was there agreed, that Captain TitVA fhould go over to tferfy. ^Att.Gen. What was he imployed about ? Mr Adams. The end of his go- ing, 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 furnifh him with money for the prefent, and made fome kind of promife to maintaine him while be was> out. Att.Gen. What money was he furnifhed with ? Mr. Adams. I cannot bepun&uall in that, but about a hundred pounds. Att.Gen. Who mould pay it ? Mr. Adams. I paid twenty pounds of it, but I cannot tell who paid the reft. Att.Gen. To whom did you pay it ? Adams. To Mr. Draty. Att.Gen. .My Lord, Ask him whether when this was fent to tferfy, was there not areturn made r L.Pref. Well, goon, There was your twenty pounds gone t Mr.cAdams. This is thefubftance of what I can fay of his going. Att.Gcn. W«.*i this twenty pounds that you laid out of your owne, or did you collect it of fome of the reft, or did you gather any of it again? CMr. Adams. I cannot fay that I did. L.Vref. 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 mould gather it at that meeting ? At. Gen. Did not Mr. Love know of the collection ? CMr. Adams. 1 cannot fay he did, it maybe, be might, but I dare not fay upon my oath, that he knew of it. Att.Gen. Ask him what return Tim made, what anfwer, and what account he gave ?* Mr.Adams. M. Alford went to Caliceto meetTitus, and Titus did fend word thatt>be Councell of State heard of his being there, and thereupon defired that [ome body might be fent over to him j for he had fomething to communicate which he could not well do by writing, and thereupon Mr. Alford wasfenr. Att.Gen. My Lord, Ask him where the letter was read ? Mr.Adams. The letter that Tim? fent, was read by Mr. William Drake. Att.Gen. Where ? Mr. eAdams. At hishoufe, 3s-I think, for I cannot certainly remember,! did not fay, upon my Examination that it was read any where. Att.Gen. Whether were not you moved to go ? Mr.Adams. There was fome motion to that end. L.Vref. VVho moved it, and where ? Mr.Adams. Who moved it, I cannot tell j it was moved, I think, in Mr. Loves Chamber. Att.Gen. Was Mr. Loze there? Mr.Adams. He was there. Att.Gen. DldMr. Love move it. Mr.Adams. I cannot fay he did. L.Vref. He will not fay it? Mr. Adams. I cannot fay it upon my oath. Att.Gen. My Lord, fomuch he faith, 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 ? CWr. Adams. The returne of £Mr. Alford* account was given at Mr. Loves houfe. L. Pre/". What was it? Mr. tAdams. 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 faid to be the copie of a letter from the King. L. Vref. What was the fubftance of that letter ? {Mr*Adms, The con- tents. Major Adams, the fifth Witneflc. ^ tents of the letter, as I remember, was firft, he expreft a great deal of affedion to the Miniftry of Eng- land in generaJl, and prom ifed great favour when he was in a condition to do it, and defired them to continue ftedfaft inthe way theywerein. Att.Gen. Was this letter publiflied at Mr. Lovesftudy ? Mr. Adams. It was read. L.Pref. Was Mr. Love there ? Afr. Adams. Truly, to be pofitive, that Mr. Love was there, I dare not fay, but Mr. Love was there at that meeting, cither at the beginning or ending, but whether the letter was read at Mr.Loves houfe I dare not fwear ; 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 tins manner ; To give an account to us of all the tranfadions that had happened fince his going out of England, he did give an account of his ufage by the Cavalier Party, that was againft tbc Kings agreement with the Scots, becaufe there was fome did incline tohis agreement with them, and there was another party was much againft it, and he gave a very large account of that *. after that he went on defcribing his difpofition and condition. Att Gen. This was thefubftance of the reft. Was there not fome propofitions for giving «f thanks to Titusjoz his fo wel managing his affairs there e Mr. Adams. There was a motion made by loixie body, L. Pre/". Who made the motion ? Mr. Adams. 1 cannot tell. Att.Gcn. /fas not an hundred pounds more to be fent agreed upon there 1 hU~Adatos. I think fo. Att. Gen. There was more money contributed* who agreed to lend any ? Adams?' Sir, To that queftion, I cannot fay, who propounded it j but that there was money fent. L.Vref. Who contributed ? Mr. Adams. I did my fhare. L. Pre/". How much was that? Mr, Adams, As I remember, ten pounds. Att.Gcn. To whom did you pay it, and where did you pay it ? Then they Jherved b'tm bU Examination. L. Vref. Come, look upon it, and be well adviled. Adams loo\s uponbis Examination- Mr. Adams. I paid it to Mr. Pi 1 ^ ac his fathers mop in Cheap- fide. Att.Gen. Next about the Commiflion and inftrudions to be fent, what do you know of that ? when chis letter was read from the King, and publiflied in Mr. Loves ftudy, whether was there not a Gommiffipn agreed upon, to give inftrudions to treat with the King at Bredabi Mr.Adawj. There was a motion made at Mr. Loves houfe, that there mould be acommiflion and inftrudions drawn and fent 5 tbc motion was made at Mr. Loves houfe, they were there fpokenof. L.Href. By whom, who did the Dialogue run between i Did Mr. Love do it ? Mr. tAdams. Truely, for my part, I did not then take fuch fpeciall notice, that I dare at this time upon my oath, deliver any thing pofitively againft any particular man, but generally all fpake fome- thing, as I remember. Att.Gen. Was there any debate to mend the inftrudions 1 Adams. Truly, Sir j not as I remember. Att.Gen. Did not Mr. Gibbons bring the rough draft of the Commiflion? Mr. Adams. Truely, 1 think he did, as I remember he did, I have fpoken of the Comiflion and inftrudions that were debated then and there, and that many of thefe perfons here mentioned, were there; but that fome of tbem mentioned, might not be there tben, is ^ery likely. Att.Gen. Was Mr. Love there I Mr. Adams. That he was there fome pait of this time, I am very confident. L.Pre/. Was it in his ftudy ? Mr. Adams. It was. Att.Gen. Jfastherea Commiflion agreed upon to be fent ? Mr. Adams. For the word agtcei> I cannot tell what to fay to it j Agreed, holds'forth as if a vote pafled. L.Href. Was there not a general! confent i Mr. Adams. Being upon my oath, Jdefire to be cautious, for I mud be tender in fpe2king the truth in this cafe, and I do not know what to make of the word agreed. L.Vref. Wxs it approved of? Mr. Adams. To my understanding the thing was thus, that at fucb meetings as thefe, we were not abfolutcly formall, as if we had been eihbiifhed by a Court of Juftice,toadthus, and that there fliould be prefaces, and fuch things, or fuch methods obierved, as that any man undertook to make a preface, either at the beginning, or conclufion, but it was fpoken to by many perfons, and by every perfon fpoken to, and in this fenle it was agreed. Att.Gen.Wzts there not inftrudions agreed upon,and all this in M.Loves ftudy 2 Mr. AcUms.lt was fo. L.Pref. Jfere they not read there ? Mr. Adams. I think they were. L. Prcf. Who read them ? Mr. Adams. I cannot tell who read them, but they were read, and I think Mr»Z)Mfee read them- Att.Gen, Whn was tbc contents of the Commiflion / Mr. Adams. The contents or the fubftance of the CommiiTion was to this eflfed. ThUbe reads out cfbU Examination. We the Presbyterians of England, do authorize you the Lord Willugbby of Parbam, Edward Ma(- l6 Major Adams, the fifth Witne^e. Maftey, Richard Graves, Cilas Titus, and fames Buncc, to afli ft our Brethren, the Scotch Commiffio- ner» in their Treaty with the King, according to the initruftions annexed; I dare not fwear i: inthefe words, but to this purpotc ic wasj The fubftance of the ir.ftruftions were to ufe ail the arguments they could to mjvc the King to give the Scotch fatisfadion, and to take the Co- venant J fuch arguments were mentioned, as the then condition of nffrires beit afforded, par- ticularly how things (tood in England at that time : which did all of them cry nut for an agree- ment, and gave them full power as to all things, and what lliould be concluded by them, mould be confirmed by thefe here > but 1 cannot fay fo, but what words were, were to this purpofe^ faying thisconciufion, that whac was concluded, mould be confirmed here, I do not remember that.* Ait. gen. Was there not fome debate by what warrant they mould ad in this Commiflion and initru&ions ? Adams. There were fome fuch words at the meeting L.Vre( What did Mr. Love fay? Alms. I cannot remember whit Mr. Love did fay, or whether be faid anything or nothing at that time, but that there were fuch words faid I have* faid it, but by whom, I cannot fix it upon any particular perfon. An. Gen. Wasit not debated 6y what warrant they mould derive power to themfelves to fend this Commifsion ? Adams. There was fuch language, but by whom 5 I cannot fay, 1 thinke by JViUiamVrak? • It was becaute the King had writ this letter, wherein he defired there lliould be fuch in ft ructions 5 there was fome;hing fpokenof the fecluded members, but by whom, J do not know 5 there was a Proportion whether the authority ihould be taken from the fecluded Mem- bers,or from fome other. Att.Gen. Did not Mr. Love then fay, Come, let it go on. Ad. 1 dare not fay (o. Att.gen. Was it not propounded at the meeting to write to the Queen, and to f ermine, and T/Vrc/, for them to mediate with the King to agree with the Scots, zAdams s Examination xoa/s hereagaine read. Adams. My Lord, So much of this, as I think to be true, I (hall own. Att.Gen. Was there not a letter writ from Tiercy, that a confiderable fumme of money was fit'to be fent to the King, and what anfwer was given j was ic not to be done till the King and Scots mould agree , and then to raifc the money f Adams. That there was fuch a letter writ, I muft needs acknowledge. Alt. Gen. Where was it read ? at Mr. Love's houfe ? Adams. No certainly, I onely faw it inMafon's own hands, and /remember he mewed it me. Att~ gen. Next ask him whether there was not a letter written about lAuguft laft to fome here, that Maflcy had 6ack friends in Scotland, complaining he could not be promoted there? Adams. I did underftand there waa fuch a letter, but by what way, I do not know. At.<*en.W&s not the letter communicated at M.Loves houfe,and were not youprefent whenthij letter wag read at Mr.Loves houfe>wherein Maffey complained he had back friends in Scotland? Ad.No cer- tainly, that letter was not to my remembrance read there, I heard of fuch a letter, but faw it not. Att.gen. My Lord, ask him whecher he was not appointed to draw up fome letters. Ad. There were fome I (houM have had a hand in drawing. Att.gen. Who were appointed with you. Ad. As 1 remember, Captain 'Potter, Captain SMaffey, and Mi. 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 Sterns a Scotch Agent here, that kept intelligence from Scotland* Adams. I know, there was fochaone, we took to bean Agent hete. L.Pref Did he meet at your meetings ? Ad. Yes, he did meet fometimes. Att.Gen. Was he at DAr. Lous houfe at any time ? Ad. That he was. Att.Gen. When the Act came forth for banifhing the Sects, was there not a collection for his char- ges, and were nor you at M. Love s houfe when it was agreed to? tAdams. 7 was nor. Att.Gen. Dd you contribute money f Adams. I did contribute 10 or 12s. I cannot tell which. Att. Gen. Wnatdifcourfe upon Dunbar fight was there from this perfon that is already fpoken of? A iaMf.This is the thing,if you pleafc to help my memory > for there were fo many particulars in this correfpondency, that /cannor tell whereabouts it is I am to fpeak to, I am very uncertain where a- bouts it is a J m to fpeak to. L/Prif. Speak the certainty as it was in your breaft. tAd. My Lord» if itbedoubtfulltome,how can I becutame, and charge it upon my memory ? L.Pref. Speak the truth ? tAdams. 1 will fpeak the truth. L. Pref. Do fotben ? Here again Adams loo^s upon bk Examinations. Adams, There is fome of ic I did fet down, that I dare not own upon my oath, I ihen did deliver, it fo when I fee ic down. At. Gen. Af4j> Adams, the fifth Witnefte. 37 AtuGcn. Did Mr. Levi know that this Scotchman was the Scohb Agent ? did you not take no* tice that M;.Lovc took notice of him? Adams. I do think he did, as fane as I underftand,hcdid. An. Gen. Did not Mr. Love generally tell you the caufe of the meetings i Adams. No Sir. Att.Gen. Did you not hear Mr. Love lay, that this Sterns was the Scotch Agent? Adam. I ne- ver heard Mr. Love fay lb, but I knew this, that by our ufuall meetings Mr. Love did undciftand him as I did, to be the Scoff* Agent. AttGcn. How often did you meet at Mr Love s houfe? Adams. 1 cannot tell, it may be feven, or eight, 01 ten times 5 an uncertain time. At. Gen. He was at Mr. Love J ftudy ? Adams. Whether Co many times, I know nor. sAtt.Gcn. My Lord, ask him whether it was not at Mr. Loves ftudy when mony was propoun- ded toberaifedfor^tf/Jf/, and Titus. L.Pref. Was that in Mr. Loves ftudy 1 Ad. I cannot tell, whether it was in his ftudy, or in the lower room, I am apt to believe it was in the lower room. Att.Gcn. Was Mr. Love there e Adams. Certainly, he was there. L.Pref. What was the contents of the letter ? Adams. The contents of the letter I cannot remember. An. Gen. Whether did it not declare the poverty of his condition? And was it not after Dunbar fight / Adams. Y«, it was. Att.Gcn. Was this letter from JWtfj/ey, read at Mafter Loves boufe,was this for money ? Ad.hv/as. L. Tref. Was it agreed for money to bee raifed ? Adams. If you take the word a- greed, as I formerly propounded, it was fo. Att.Cjen. How was the money to be raifed, and in what manner? Adams, It was by thole that were privy to the contribution. Att.Gen. Was not Mr. Love there, and did not he write down the fums that were to be contri- buted ? Adams. This I muft needs fay, that Mafter Love had papers in bis band, and hee did write fomcthing, but I ciid not fee what he did write, and every man did write that was there. Att.Gen. Did not you conceive fo, that Mr. Love fummed up every mans fum / did he put the let- ters'of their names before them, when be writ the fums ? Adams. I cannot fay that. Att.Gea. Was not there a letter penn'd by Mafter Love, and Doctor Dra^e ? Ad. To that que- ftion,Imuftfay there was a letter, but I cannot deliver it upon my oath that it was penn'd by Mailer Love, or Doctor Drafce, but it was taken tobeio, and I thought it was fo. Att. Cjcn, 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 Generail Aflembly and Kirk of Scotland. L. Pref. Was this at Mr. Loves boufe too ? Adams. It was fo. Att.Gen. WasMV.Lcvepicfent, and did approve of it { Adams. Mr. Love was prefent at fometimc of this meeting : the reafonwhy I thought it to be of Mafter Loves, or Do&ox 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 purpole, and taking notice of the want of refped to 2iajfcy y and the Englijh, 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 fent, and this was after Dunbar fight, after we were ingaged in bloud. Here Adams read out of bis Examination, as fulkwetb : Adams. There was alfar a large letter in the nature of a Declaration penn'd by Mafter Love, and Doctor Dra^e, and appro- ved of by moft of the Presbyterian party, Minifters, and other, and directed to the Generail Aflem- bly,and Kirkof Scofta/,fubfcribed by none, which contained the fubftance of what wasdeclared by Tifw, and Afojje/, but durft notjpromife any great fums of money till they appeared more confidera- ble, and grew nearer action $ the bufinefte required higher fpirits then was for the pre tnt, and the bufinefle required a conliderable fumme : but to leave no means un-attempted when the bulinetfe was feafable. So far be reads. Att.Gen. Major Adams is now upon his oath to tell you. Adams. My Lord, As well aslremem- ber,ttdid put forth much after this fort,bur I cannot fwear it in ihefe words,but that is the fubftance ot it. Att.Gen. Was not this agreed and declared at Mr.Loves houfe, that fuch a letter mould be written to the Honourable Committee, and to the Kirk. Ad. Ianfwer, that after the fame manner as ail other things are agreed at fuch meetings as this is, but I have no ground, anddonct know why I iliould fay Mafter Love and Doctor Drake penn'd it. Att.Gen* 38 Major Adams, f/tf fifth Witnefie. Att.Gen. Ask him for the fubttanceof the letter, whether it were not as he hath told you, and whe- ther he did not fay, they could not promiie a considerable fum of money. Alms. Certainly, either in that letter, or fome other, there was fome fuch expreflions. L.Pref. Well, it was about that time, and in that letter, or in fome other letter, andat M.Lci/w houfe. Att.Gen. My Lord, Ask him if there was not an Agent come from Scotland, and a way laid ztl^enddll for acorrefpondency between thefe Gentlemen here, and fome of Scotland, and whether one Groves was not fern thither I Adams. That was fomething obfeure j that there was fuch a thing, I do vevily believe, becaufe it went amongftus for a truth, but how to make it out for a truth upon my oath, I cannot tell. L.Pref. Did Mr. Love know of it ? Adams. 2 do not know. tAtt Qcn. Ask him what he knows concerning Colonel Bamfield's man coming hither t Adams, Concerning that I know nothing, but I confefle J had fome Item, that at that time there was fomething found ; and this is all I can fay to that, I cannot gueffe the time. Att.Gen. Was it after the fight at Dunbar? Adams. Yes, that it was, Att.Gen.lVcre the meetings at Mr. Loves houfe? Adams. I cannot fay all, but all that I know of, were. Att.Gen. Ask whether upon the large letter, Mafley did not write that things were well fetled in Scotland? sAdams. Many of thefc things were understood fo,and taken for granted amongft us, but I can fay no otherwife, I thought it to be loj but I know not. tAtt.Qen. Jfereyounotprefent, or at Mr.Loves houfe, when thefe letters were read, that they were in a hopefull condition? Adams. I cannot fay fo. L. Pref. iVhu can you fay ? Adams. As before* That it went for a truth amongftus, and that is as much as lean fay to it. Att.Gen. ffas there not a large letter inviting your friends to union I Adams. I un- deriland the other letter to be this you propound to me now. Att. oen. Now wefpeak »f a letter from Alderman Buncc, and ethers ? Adams. J cannot fpeak particularly tothat J for I did not fee them, but thev were told me by one or other of thofe that were of the correfpondency, and this is ail I can fay. L. Pref. Whx. is the truth? Doe you conceive ft is fo ? An. Gen. My Lord, we mail not trouble him with that, my Lord. Ask him one queuion more, Jfnat did Mr. Love tell you, that if the Presbyterians got the upper hand again ? Adams- Tbofe words, I think, did but amount to this, that if the Presbyterians were in armesagain, by the blefling of God, the Cavaliering party might be prevented from getting the day. L.Pref. Who do you mean by the Correfpondents? Adams. By correfpondents I mean Alford, Pot- ter, Far, &c. LSPref. Wis not Mr. Live one of them ? Adams. I took him to be fo, my Lcrd. W.Love. My Lord, I pray ask hirn, whethtr any of thefe pretended or fuppofed letters, were ever re- ceived by me, any one of them, or that I writ one of them, or mended one of them. sAdims. I can- not fay that ever Ifawhim do any futh thing, nor did lever fee him wiiteany. L. Pref. But you faw the letters there * Adams. That I have faid. ur.Love. Ask him whether I gaye myconfent to the fending away of this he calls a commiflion, and inftruftions, about the time of the Treaty at Bredab. Adams. No, I will not fwearthat, and upon my oath I cannot. L. Tref. WAX you not, I will prtfle you to nothing, you faid even now, you did not know he did fend them away, but you did fay, he was privy to them, and to the debates of them: did he declare anydiffent? Adams. I cannot fay that. » M. Love. Jfill you ask him this queftion ? Whether he read the letters that be pretends were fent into England, or Scotland, or whether be heard them read? L.Pref. That he (wears f Adams. I did not fwear that thefc were the contents of them exactly. I was there when thefe letters were read. Mr. Love. Heonely heard them read. L. Pref. If there were halfe a fcore that had correfponden- cy, and received letters, and oome together, and one of the moft confiding men read them, will any man fay, that he will not believe thefe were right read, fuch a hear-fay as this, is fuch a hear fay as you may take notice of. M. Love. But let him prove how it was acorrefpondency on my part. Adams. I did not fay thatMr.Lwc was one of the Correfpondents, I deny that I faid fo, I faid I conceived him to be fo, but that is not, that be was fo. 1. pre/. They did debate together, and met together, and received inftru&ions, and therefore he may very aptly conceive he was a Conefpondcnt ? Mr. Love. Doth he fwear that J aflented * Adams. J did not fwear fo ? Mr.Love. He faith, money was fent to Titus, pray ask him whether by Agents J imployed? Adams. Major Adams the fifth Wit neffe. 39 Adams. I cannot fay Co. Odr.Lovc. Here is no proof at all, that ever I received Letter, or Writ or fent any Letter : Pray ask bim if I knew before they came to my boufe, that they would bring fucb letters with them. Do you fwear that I was prefent in the room at the time that the letters after the defeat at Dunbar were fent, wherein there was, as you fay,a promife of afsiftance ? Adams. You were there fomc partof the wfeile. Mr- Love. Aik him whether he was nottbreatned with death, in cafe he would not, and promifed favour in cafe he would bring in evidence againft me. Adams, I cannot fay I was threatned with death to that end. OAr. lovc. I mall bring a witneffe that (hall prove from his own mouth, that he hath confeft, if hec did not bring in evidence againft me, he mould be hanged. Adams. Jt is true a Hercival did come to me, and I did fay to him, that upon my examination, 2 did fay, ifi were not ingenuous, I was threatned to be hanged. Att.Gen. When a man is a Traytour and doth confefle,be deferves mercy. Mr. Love. Ask him whether he hath not received money to give in this information againft me. Adams. I have not. Odr.z^vt. Did not fomemeffenger come to you, feme months fince, from fome members of the Councell of State, and told you, you were poor, and mould be ruined if you did not confefle it ? he had three mcflengers fent unto bim from the Councell of State, or fome of them, that told him, if he would not confefle he mould he ruined. Att. Gen. Z>id you receive money, or were there promifes made to you to teftifie againft Mr. lovc ? Adams. Upon my oath I did not. {Mr. Love. Hath be never come to Mr. Scots chamber f did he not come a month before I was committed, being brought there by £Wajor (gobbet $ and whether he hath not received money from Major Cobbet. I defire that Major Cobbet may be called upon his oath, to know whether he hath not gi- ven him money to bring in information againft mey for he bath taken notice of all Fafts, and of all things done, and hath brought all to Mr. Scot: I know, by information, that this Adams is a hired witneffe. Sir, this man is a Tobkb and a Sanballat 5 fome men have hired this man againft me. I defire Major Cobbet may be ailed. JL. Pref. He did, and might do it J but did he it to teftifie againft Mr. Love ? I hope a State that watches the Nation,may watch for the fafety of a Nation. Mr. Cobbet a Major of the Army is called into the Court and is [worn. lA.r."Love. Pray ask him whether he hath not at any time within this three months, given any mo- ney to Major Adams, to acquaint Mr *Scot or the Councell of Stace with this defigne, as 'tis called. ~M.aj.Cobb. My Lord, Imuft, and do deny that which this Gentleman doth aver, and truly I won- der at his boldneife in the prefence of tbisHonourable Court jl do know Major Adams&n& have known him a long while, and commiferating him as beingaprifoner, I lent him ten pounds, but fornocon- fideration that he mould betray Mr. Love y or any man : I paid the money to his wife. lAr.hovc. He paid it, he faith, how then did he lend it ? and he paid it to bis wife, that was to co- ver the bribery; but did not youdifcover tothis man, ifhewould revealit to Mr.Scot, what recom- pencehe Ihould have'of him ? Did not you walking in the fields with him, defire bim to reveal what he knew, and promifed him if be did, he mould be a man preferr'd. Mj/. Cohbet. I have been ac- quainted with Major Adams this four or five yearsvand met with him in the behalf of the Presbyters 5 underftanding there was fometbing was driven on dangerous to the Common-wealth : and I thought I was bound in duty to requite tbem, if it werepofsible, for their pains of difcovery } and I laboured with him that he would deal fohoneftly with himfelf, and the Common- wealth, as to let the Com- mon-wealth know, what be did know of this defigne : accordingly he gave me fome notice ; and 1 laid to him, Major Adams , If I find you ingenuous^ if there beany thing that 1 can do for you, I mail be ready to ferve you by night and by day. Mr. Love. It appears then that the teripounds was not lent to Major Adams, but was paid him for his difcovery J fo that 'tis clear he is a hired witnetfe 5 and have you not brought him to Mr. Stots cham- ber with promifes of preferment ? c j^o an/wer to that quejiion. The Leiutenavtof the Tower is commanded to withdraw bis Pri[incrs y *iii the Qonrt adpurns till to mor* The- 4rx\t did tell me fa afterwards. Att.Cjen. Did Isl.Alford deliver no account there f Jaquel. I think it was Wl A I ford read the narrative. At.Gen. Did he make no relation by word of mouth ? jaquel. Truly, I cannot remember. At. Gen. Ycu cannot remember it was read t Jaquel. Yts, I am lure it was read, and at Mr. Loves boufe. At. Cjen. And he was prefent fometimes. Jaquel. Yes,fometimes. Alt Gen. What mony was there agreed upon to be provided for Titus ? Jaquel. 1 know of none. It W3s moved by Captain Potter that there might be forty pounds , but I know of none, nor was ic agreed by M. love, M. Vra\c or my fclf, th3t we mould lay down any at all. At. Mr. Jaqucl, the fix th JVitnejfe. 41 Ait.Gcn. Did ydu not meec with WdliamVraty, and defirc to go along with him to fee 77% tw? laqucl. I did fo, but 1 chink 2M[* defircd it. I met him in Newgate market, and, faith he, lam going to fee Tttut, goe along wich me j Ifaid, I never fa w him, nor did I know bim: fayes be, You (hall notftay at all : whereupon we went and found bim in a Cheefe-mongers houfe in New-gate market. At.Gen.WaM difcourfehid you? faqud. Ht faiJ, he was newly come out of Holland, and he had been with the King, and he was a man of excellent parts for his years, and that he was inclinable to what was good, but that he had luch defperate evili Counfell about him j and that hee did much pi;y him, and that his Clergie cfpecially was wicked; and he propounded nothing to us, nor did I ever fee his face afterwards, and this is about two years and a halfe ago } and for any other mee- tings at the Swan Tavernc, or for any Agents, I never met him, or fawhim. An. Gen. Doe you not remember at any meeting, that there was money propounded for Cap- taine Titus, or for tAlfords being fent over to Calked Speak what you know of that, and by whom it was told you? laqucl Major Alford bimfelfe told me he was to meet his fon, and he went over upon that fcorej but after he was gone, WilCtamDrafce told me he was gone to fee or meet Captaine Tim, I am notcertaine of the words} and when he did come againe, wtich was the next time I heard of him, then William Dra\e comes to me, and de fired mee to goe a- lonj with bim, for I think he went up and down to every man. An. Gen. You thinke then that WillitmDra^c was the prime man. liquet. Yes* bee was cheAftor and the Agent that moved all. Att.Gen. When Alfotd returned, he defired you to go with him. laqucl. To Mr. Low houfe. Att Gen. What was done at Mr Loves baufe ? laqucl. There were feme pipers read, which Alford, as I take it, read, or William Drake, I am not certaine which j but read it was, of a rela- tion, that Titus came out of lcrfy, and had feen the King there, and the Scots Commiffioners, and that the King had a great inclination to agree with the Scots Commifli oners, and that he was a man of excellent inclinations and pares, and had a great ddire to agree, but his Counfcll, and wicked crew about bim would not let him j and hefaid* asl remember, that the King was a kind of a Prifoner wich them there, and faid, his Counfell did hinder him, or elfe, if he were from chem, bee would agree wi.h the Scots Commifli oners. At.Gcn. You fay,c ! ii* paper was read^ this Narrative was read, an] in M .Loves houfej was not Mr. Lcueprefent? laqucl. I am not able to fay bee wis, when I came in, I remember he was not in iberoome, and he was there two or three times while I was there, but be was fevera'l times called ou:„ An. Gen. Doe not you know ther^was an agreement of a letter written back 10 Titus* laqucl lean remember nofuch thing, but I think William Vra\c told me fo, as I remember, but that was two years ago, I do verity believe by what I conceived, was of bis writing. L.Yref. I could wiih that mens conferences cou'd not bee Coupled to believe fo much of a Mi- nifter, more then of a Magiftrate j I hold it pernicious do&rine for any man to think he is bound more to obey the Minifter, then the Magiftrate; I ask you then before the Magiftrate here, who wasprefent at that meeting I laqucl. William Drake 1 am fur e, and Major Alford was there, and Captain Potter, and feverall others, asl remember, Mafter Icnlyvs. Att. ecn. This was in Mr. Loves houfe, was it not in bis ftuJy \ laqucl. I cannot tell that, I fay,as I conceive, that Mailer lcn\yns, and Mafter Cafe were there, but pofuively I cannot fay it, and Mr.lackfon, and Mr/l^jlton, I think. Att.Gen. What fay you of Mr. Watfon? laqucl. I think he was there. tAtt.Gen. What fay you of Mr. Herring ? jaqucl. I think he was. Att.Gen. What fay you of Mr. Qauwi. laqucl. In truth, I cannot tell. Att.Gen. V Vhat fay you of Mr. fybinfon ? laqucl. 1 think he was. Att.Gen. What favyouof Mr. Dra\{ci )aquel. Yes. Att.Gen, Was Colonell Vaugban tfeere ? laqucl. Yes, I conceive be was there. Att.Gen. Wis Mafter lackjon ch;re ? laqucl. Yes. Att.Gen. W*s Capt. Far, and Capt. Votter there? laqucl. 1 believeie. Att.Gen. Wzs Mr. Gibbons there ? laqucl. I cannot tell. An.Gen. What fay you of Mr. Sterns ? laqud. No Sir, I do not know it. An. Did you not know him to be the Scotch Agent r Wds he not taken among you to be an A- gent from Scotland I laqucl. Yes, he was a Scotch man. G Att. Gen. 4* Mafter Jaquel, thcfixth Witneffe. At. Gen. And for conmbution of money, what money did you pay, and to. whom ? ■ftquel. Two live pounds to M.\ Drake. At. gen. Forwhatufe ? "faqucl. For charitable ufes. *At. Gen. Th^n he asked it of you fo, or for that purpofe 5 but afterwards What did you learn it was employed about ? tfaqucl. Sir, he did not tell me how he did employ this money $ but afterwards, 1 heard him fay, that he had fenr Turn money. At. Gen. What did you contribute to Sterns bis going into Scotland f Jaqutl. Ten millings. At. Gen. And who elfe did contribute, that was there? and how much wasthefum that wascol.' k&ed ? faquel. I cannot tell. At. Gen. How much do you guefs, or have heard ? faqutl. Four or five pounds, I think. At. Gen. Ask him who gave the Scotchmen money, faquel Truly, / did give feveral Scotchmen money, both to poor Miniiiers and others, that were banilhed by the Ad, becaufelknew they were very poor, and knew not how to get away ; and Ididitoutof charity towardsthem. L. Pref. Becaufe the State had an ill opinion of them, therefore you had a good opinion of them. ftqucl. There was one Minifter that had twelve children that was banimed. At. Gen. Weie you at any meetings at Mr. Loves afcer Dunbar fight ? tfaquel. No not I. At. Gen. At what Fait were you ar,and who officiated at thofe Faits? Jaquel.l was at Major Adams, and Colonel Bartons. At. Gen. Who did exercife at thofe Fafts ? was Mr.Loue, Mr. Jenfyns, Mr. Cafe, any of them f J*. quel. I believe they were, I conceive fo, I profefs I cannot remember, I believe Mr.«?c»i/ftf wa* there. At. gen. Was not Mr. Love one of them ? faquet. Yes, he was. At. gen. What was the occasion of thofe Fails ? ftquel. I know no particular occafion, but for the good of the two Nations. At. Gen. How do you know they were for the good of the two Nations ? was it not for an agreement between the King, and the Scots? Jaquel, I confefs, it was for the good of both Nations, as both Nations are the Church of God > and do both profefs themfelves Protefhnrs, and of one Religion > and I conceived, it was my duty to pray for the good of them both. At. Gen. But was there not fomeexpteflions for ablefsing upon 1 the Treaty at Breda ? faqutl. I cannot remember fuch exprefsions > for in fuch duties, I defire to have my heart lifted up unto God : And, my Lord, it is a great while ago. L. Pref. Will you fay your heart is lifted up unto God, when your underftanding is in your heels ? •faqucl. My Lord, I do not remember one paffage in prayer a week after. At. Gen, That is in ordinary meetings, but this was for both Nations 5 but by what did you know, that this was for the good of both Nations, and why was it pretended to be for the good of both? and, my Lord, why they mould not meet before, but juft at that time, and at a private Fait I JaqueL I think that fince the Nations of England and Scotland were at oddes, I have been at twenty Fafts. At. gen. My Lord, ask him, whether he were not late with Potter, and did nor meet with him about betters from Bamfield^nd. whither they went to read them ? Jaquel. This was about February or SManb laft, he told me he received Letters, anddeinedmeto go along with him to Mr. Love s y and after Dr. Vra^e came in, and then thefe Letters were read 5 and I profefs, I know not from whence they came, nor the man > and fo did Mr. Love declare, That he never fa*, nor knew, nor heard of Bamficld fcefore. At. Gen. Did he not make mention of Parties in Scotland, that one party was for the King, an- other for the King and Kii k, a third neither for King, nor Kirk ? tfaqucl. Yes. At. Gen. But who were thofe he named, that were men for the King ? $aqucL I think, Hamilton and bis party. At Gen. And who for the King and Kirk ? tfaquel. Argile and Lejhley. At. gen. And who neither for King nor Kirk ? "fiquel. Straugban and Car. At. Gen. What, did he tell you of the young Kings efcaping / Jaqttcl. Something there was in that, but he was fetched back a< ; ;ain. At. Gen. What faid he of Argile I faqttd. Nothing at 3II3 as 7 remember. At. gen. Was there not an exprefsion, Thac they were now agreed to szedve in the whole Nation, unlefs it were thole thac were nocorioufly; fcandalous and excommunicated? -faqucl. I believe there was* At Matter Jaquel, thefixth Witneffe. 4 3 At. Gen. Did it noc mention five thoufand pounds for providing of flu'pping ? faqud. Yes j in the Narrative or Letter, whether there related ai that time, I know noc. At.Gcn. And what mention was ib, re :r.ijc, whs were fie to command inEngUnd, if that party Ihould come from thence into England ? tfaqncl. 1 conceive there was three Ncblemen. At. Gc « f Name them, tfaquel. My Lord of Suffolk, my Lord of Warwukt and my Lord or" Man- defter* or either of them. At. Gen. That was p epounded by Bmfieli, but I hope thofe Lords were more noble, then to do any fuchthi.ig: Was there no: ano.hr Letter thac cane with thv of Bamfields y fenc by my Lord of Argile, and it was onely, T.iat thec fliould be an apo 4 obation of him : And was this Letter likewife read at the fame time, and at the fame place f Jaqucl Yes, my Lord. At. Gen. What was then propounded for money to be raifed for 'Bamficld ? faqucl. Truly, Captain Potter did make men- ion for Forty pounds to be laifJ, Tcrvpouncjs for Colonel Bamjiclds man, and thirty pounds for Bamficld nimCtlt \ but :hat bufinefs at the reading was wholly declined, and abfolurely refuled by all,, to aft any thin ; in thit rela. ion, in which it was Cent over ; whereupon, Captain hotter didmove.that if nothing were doneinrhac, whether it were no: convenienttolend the Mc&nger fome- thingto bear his charges j fays he, If you will pay the meff.nger Ten pounds, and fend Bamfield Thirty pounds, I will give trie meffengcr the Ten pounds > but there was no Agreement, nor Conciu- fion,Iknowof> no Bill of Exchange that was fent ; bui Captain hotter laid, he would lay down Ten pounds. A*. Gen. But no body fpake againft Captain Potters laying down of Ten pounds j and it was pro- pounded to you to lend Ten pounds, andyoufaid you would confiderof it 3 but did letter lend ic t Jaquel. I cannot tell that, my Lord, he faid he wou!d do it. At. Gen. My Lord, let now Matter Jaquel tell you what was the caufe, why they did rcfufe to do any thing in the Letter about Five thoufand pounds 5 what was the caufe upon the debate between you at Mr. Loves houfe ? why you did refufe to do any thing about the Five thoufand pounds ? tfaquel. The debate was foon over j for we abfoiutely refufed it, we would not meddle in U, not liking the bufinefs $ it was a trouble, I am confidenr, to them that heard it read. At. Gen. You rake told me 10. At Gen. To whar end? Jaquel. To tell and hear news. At. Gen. What did he do more ) Jaquel. I profefs in the prefence of God, I cannot tell Sir, I be* feechyou j for in che Paper I told you before, there were fome circumitanccs, and fomethingtbat lean- not fay ', but i: was to this purpofe, To fpeak with Titus, to hear the news from Jet fey j but I cannot fay certainly that word. At, Gen, Wc do not prefs you to the word, but to the effrft of it j my Lord, I think M>. Jaquel hath given an account already, that this relation was at CHr. Loves houfe. Mr Jaquel, let me bring one thing to your remembrance, if v. be true, At your meeting at Mr. Loves houfe, upon this bufinefs ot Bamfields Narrarivc, you fay, Thirty pounds was moved to be fent to BamfteU, and Ten pounds to bis man. Ja* quel. Yes, by Cnprain Potter. At. Gen. And when it was then faid, it was thought fit by Mr. Love, Tdr. Drake, and Captain Potter, thit it mould be fa done, whether did you not all agree that u ihould be fo done ? Jiqud, No, there was no agreement, but it was thought convenient, or to that purpofe. O 1 A*- 44 -Mr. Jaquel, theftxthWitnetfe. AtuGcn. It was thought convenient by all the company prefent ? laquci. Truely Sir there wis not much regard taken in that bufinefle, nor was there much done i for we did not ftay \ Qng but there were fuch words. J »» Att. Gen. But by all prefent ? faqucl. Yes, there were fuch words. AtuGcn. Whether were not fome friends at dinner ztVowgaie, and was not Mafon there? Uquel. My Lord, There was a Gentleman there, I cannot lay, who he was, nor did I fee him before or fince. Att. oen. iVno did they tell you he was ? did they not tell you, Mafon ? JaqucL 1 profeffe,I cannot remember that, nor can 1 tell, but I conceive it was fo. Att.Gen. In your Examination, you fay it was Mafon. laqucl. I faid, I conceived fo. Att.Gen, JPby did you believe fo? laquci. I cannot tell, but as I remember, mi'lim'Drake told me fo. Att. Gen. /Whether when Bmfidds letter came, and the letters from my Lord of Argile, Low- den, and others came, fVdS there not a letter from Bail} ? liquet. I do not remember, my Lord. An. Gen. Nor from the Generall Aflembly ? }aquel. I do not remember any fuch thine. tAtt. Gen. Bethink your fclf, you are upon your oatn, whether he that brought letters from Bamfield, did not b.ing letters from Baily, and from the Generall AlTembly . faquel. I cannnot remember there was any fuch thing fpoken of there. Att. Gen. ffas there no expreflion of letters of thanks for the good aflfe&ion of the Presbyteri- an party here, and encouragement to perfevere ? faquel. I do not remember any fuch thing. Att.Gen. /fas there noprcmiks, that when they by their indeavours mould get a free Parlia- ment in England, that they would re-imbutfe all that was laid out faq. I do remember no fuch thing, Mr.Love. I would ask him fome queftions } and the rirft is, whether he hath fpoken this as a mecr relation, or whether he owns all this he hath fpoken, as under an oath. Att.Gen. Wt are paft that my Lord, he did fay, be was uoder an oath. Mr.Loie. If he fay fo, I am concluded. Mr. tfaquclmadeno anfrvcr to thu. L.Pref. You have asked two queftions in a few words: for the firft, whether he fpeak it under an oath ; you know,that time was fpent to declare it before he began: If you ask of his owne knowledge, you miftook it j for he faith fomething he bath by relation, and fome that he knows r this hee hath taken notice of, what should wee further examine over the fame thing; for hee faith fome of his own know!edge 3 fome by relation from particular parties,and fome from parties be cals noc now to mind : and it was declared hy the Court, that he was a witneife, and the Court accepted him. Mr.Love. 1 defireyour Lordlhip to ask him this queftion, whether the fuppofed Narrative that heefpeaksof, that *Aljord faid he brought over, and read at my houfe, was read ?t my houfe 5 or onely by sAlford, and fo brought over 3s news ? Jaquel. In truth, my Lord I cannot tell that. {Mr. Love. He fpeaks of Sterol a Scotchman, Idelie your Lordfhip to know wether hee knows, or can arlirme by the oath you fay he bath taken, that he was a Scotch Agent. No anfwer to that queftioru My. Love. Sir ? Asfchim this queftion, he mentions a faft at Major Adams, or Col. Bartons, 2nd that for the good of both nations J becaufe bethought th y were the Church of God 5 wherber there was any intima ion in that meeting, that it was under this notion, for the good of both Na- tions; whether tha: meeting was for the Scotch Nation to infade the Englijh Nation; No an- frvcr to to that queftion. Mr. Love. He faid, (if I have taken him rightly, and if net, I defire your Notaries to inform me better) that Mr. Love did not agree to fuch a fumme as forty pounds, and afterwards hee faid, that all there faid, it was convenient. Now I would ask bow thefe two can agree together. L. Pref. Ton are right > for theihingof agreement he difclaimedtotally. Mr.Love. Then I did not a^ree to ir. L. Pref. No, nor anyelfe. M.Love. But afterward* hefayes, that they did conceive ft was convenient 5 Now, I pray ask him, how he knew that / thought it was convenient ? $aqvel. J cannot fay any thing that Mr. Lave did fay it was-convenicn j but it was not difTcnted from, nor fpuken againft b/ any, as / remem- ber. Mr.Jtquel witbdrAm. Col. Barton. ColonelhMton^ttjefeventhWitmffe. 45 Colonel Barton U called into the Court, and U [worn. Att. Gen. My Lord, let Colonel Birtontzll y ou wbat he knows of the meeting at the Swan at 'Dorv- l Ate - Col.Barton. My Lord, I was there a little while after the death ofthelate King; 1 wasgoingin- to Cannon- flreet, and met with William Vra\e, hedefitcd me to go with bim to the Swan at Dave* gate, I told him I had a little bufineffe in Cannon- fir cet, and! would be there by and by : I ibid about halfe an hour about my buiinefle, and went then to the^w^nat Vow gate, and there was, to my belt remembrance ( for poiitively 1 cannot fay ) William Vra^e, and one a ftranger, Major Huntington, and Lieutenant Colonel Bains, and there w^s one Captain Titus, as was faid , and Major Alford , and I do not remember who elfc were there. My Lord, at that time truly I was under a defed in my hearing, and iince that 1 have loft an ear, through a huge heat, and cold taken. But, my Lord, 1 not coming but to the middle of the difcouric they had, and not perfectly hearing, could not well judge of their difcourfe , but afterwards I asked William Vra\e , wbat the intent of the meeting was ? he told mee, that their intentions were to make fome addreffesor applications ( fome fuchword it was ) unto the Prince, to take him off from bis malignant or evill Counfell about bim, and to put him upon fucb as would be bo- nefter and better Counfcllers j and this is the iubftance of whit / then underftood from WdU T)ra\e. My Lord,. J think, two or three d ayes afterwards, I know not which, there was a meeting againe at the White Hart in Bafing-lane end at the corner of Bread- ftrcet $ there were, I think, molt ot them that I have named at the firiT meeting j I am fure William Vrah^e was there, and Captain Titus, and Lieu- tenant Colonel Bains, and i5Wj jor Huntington, I cannot tell whether Mr. Alford was there or no, but tbefe I am fure were there > I did not come to the beginning of that meeting neither,the Paper had been read before I came in, to my beft remembrance j but I asked William Vra\e what was the meaning of that meeting? he told me,it was to the fame efted that they fpake of before > and they had thoughts to fend fome oody over to the Prince , to perfwade him from that condition j a while after J met with Lieutenant Colonel Bains , and truly, J did ask him more fully of the circumftances of that meeting : he told me fomething that they inrer ded to make ufe of my Lord c Picrcy and $ermin 9 and thofe about the Prince, which hce difhked. Truly, my Lord, it troubled me extreme- ly to think that they mould make ufe of fuch ill inftruments tope:fwade the King ; and J laid J thought it was not well : And the next time J faid to William T)ra\e, you have not done well, for it is not a cbriftianway we take to make ufe of fuch men as thefe to perfwade with the King; for do you think that my Lord ^iercy and Jermin, and thofe men will ever perfwade the King to leave themfelves, and their own C oun fels ? fo he put me off, and from that time he was a little more fliy of me. After- wards be did fecretly and cunningly get from me Ten pounds, and came under a pretence to fupply a friend in nece-fliry, and J laid to him,youhave money of your own ; faies he, J have not fo much as J muft needs fupply him with, and he could not do it of himfelfe for fear it mould be mifl'd . My Lord, J asked him what iiiend it was j nay, faith he, you can not know that, and you cannot have it till he is in a condition. To tell you tru!y,he had been a good cuftomer to me both for himfclf and friends, and J was loath to deny him it, fuppoiing J fhould have it again. J afterwards did nor, to my knowledg, meddle or make at anymeeting, J was never at any of thofe meetings after ihc bu- ll neiTe at Bafing lane, becaufe J difbked them 5 but afterwards J did fupprfe that this Ten pounds was for Captain Titus;ior J did put it to him, and faid, J am afraid you did furnifh Thm wi.hthat Ten pounds; Wbat then, faid he? Then J lhall require it again of you: (ohe put me off, and run out of the Land. My L^rd, for any other meetings, tranfadions or knowledge or any other thing from the time of the meeting in Bafmg-lanei] know none. For the Prisoner at the bar, truly J do not remember, and J am confident J was never at his boufe in my life, nor changed one word with him. At-Gen. Did you meet with Titus in Fleet- ftrcet. Bart. J did, my Lord, and J asVed him whe- ther the King that was dead ('for J knew be was much about the King becaufe J had heard it) and J ask- ed bim (J fayj whether rheJCing was a man of tbofe parts he was reported to be. Tuuitold me, not only of hisparts.but vcrtues : Truly J fufpeded then, that Thus was not the man he fcemedto be, and }fearcdhewas a Cavileer in hisheanj and truly that did cccalion me, with the diflike of other*,'o leave their company. At.Gen. There we-e fometimes private fa ft* at your boufe, what was the occafion of ihcrn* and who fpoketoyoufor them I Col.Btrm* ^6 Colonel Barton, tbefevcnthWitncftc. Col. Birton. My Lord, I do not remember the parry that fapke come, lam not certain whether it were M liter Viekars, ^ uc cannot positively lay it,oi whether it were by Sir Matthew Brand, or by whom they detired to meet, they met in a room at my houfe to burble tbemfelves before the Lord} and I cannot fay anything of the Fait, bcc.ufe I bad cuftjmcrs, *nd I did think f was Iju .d rofervemy calling y and I was not there above ha!f an hour, audit was up and aJwn,otTaiid on, hercweie divers Minincrs, who did exercife at that time. An. Gen. Who did exercife It that time? Col Baiton. I was not there much of the time, but I think M'. Jenkins, and to my beft remembrance, M..Love was there ; there was M .Turcrhe Parliament* man, :o my belt re me rubra nee ; I think M. . Jtqucl was there, and there was Si: Matthew Brand. Att. Gin. What other Mmiiters were there ? Col. "Barton. J tti ink Mr. Cafe t and 10 my beft remem- brance Mr, Robit'fon 5 but / am not certain. Att. Gen. Wine was the occasion of your Faft» ; and at your houfi \ i Col. Barton. I knew no occar- fion, becaufe I was not there, but have heard, a fervant of my houfc, who was there, gives this relation. - Mr. Jenkins began in this maner, Lord, thou lytorvtfl: re: are not meet to put up complaints againfl any, but to bumble our f elves before thee, and to pray . tbit the [ins of the Land may be pardoned j but I do not reman ber there w is ,tny word, buc for the pardoning the fins of the Nation. Att. Gen. Was there no fins named in particular ? Col Barton. My Lord, I do not remember. Att. Gen. My Lord, a*k him whether anybody hath been with him, to call for any money for any parties beyond Sea j for Maffey or any others. Col. Barton. I flub give you a true Narrative of tbat| IunJetfto; d, ir:y Lord, that after the prisoners that were taken at Vuubar were come down the River, there were divers Citizens, both men and women, that came to fee them, andmade a relation of their mifery to be fuch, as I have not heard S and there was one among the reft, that f aid there was a peice of meat reached down among the prifoners., and two or three catching at it, it feli down among the dung, and they took it up, and cat it j there were divers did move for a contribution to them, and it was a pritty while before I did contribute any thing 5 there was Captain Far with me, and defired me to give him fome money, and he did not propofe the ufe > but to my bf ft remembrance, it was cicher for cha- ritable ufes> or for fome in mifery. Now I was loch to ask him for what charitable ufe, becaufe I did not defire to be known to give fuch a fum of money to the Scotch pnfoncrs. I had a little money which I had devoted to charitable ufes in my own purpofe ; VVhen the Patliament granted my Petition for reimburfing the money I lent, I did promife Fifty pounds to charitable uCes j and this, I confefs, I did ^intend for the Scotch prifoners, but was loth to ask bim, becaufe I would not be thought charitable to your Enemies j buc did it not under that relation. Att Gen. Mr.Jaquel, you know iVilliam Drake and Mr. Love very well, do you not know that Mr. *Drai{C and Mr. Love, were very familiarly acquainted*? Jaquel. I m uft needs fay, Mr. Vra^e would be acquainted with all the Minifters in London*-, and I cannot lay, he was more acquainted with Mr. Love, then wiih any other Minifter. Captain Far U called into tbe Court, "and is (worn. Att. Gen. My Lord, let him acquaint you with what parted at the White Hart in Breadftrctt. Cap. far j I defire the benefit of my Papers. eAtt. Gen. Ac whofe requeft did ycu come to the white Hart in Tircadftreet , and when was it ? Far. By William Vra\e. At. Gen. Was that the firft time you were acquainted with any thing of this nature, for carrying on and piofecuting of an order, to the fartherance of an Agreement between ihe Scots, and the Kin*? V Vhat do you know of that, at what time was the meeting. Cap. Far. It was about two years fince. At. Gen. V Vhat was the difcourfe at that meeting ? Cap. Far. It was the drawing up of fome heads of a Letter, which might be fent to Scotland. At. Gen. What was the effect of ic? Cap. Fir. Ic was to this efLtt, to the beft of my memory 5 for it is fo 1 ong fince. Here Qdptain Far was at a fiand,wbctbcr through infirmity offpecch(for he feemed to be (Uw of (peecb) or otberwife, 1 cannot fay ; and be or the Attorney General for him y made great ufe of tbe Papers of bis Examination. At.Gcn.To defire them, the better to bring them to an agreement,th3t there might be moderate Pro- pofitions. Cap. Far. It was to moderate their defires in the agreement, between the King and the Scots. At. Gen. What to do? Cap. Far. That they might abate of theirdemands. At. Gen. Of their former demand$,that they might be the more like to agree ', was it not fo ? Cap. Fdr. Yes, my Lord. At. Captain Far, the eight hWitnefle. 47 AtuGen. Was it not propounded likewifc, that fome mould be fenr to the King, to perfwadc him to give facis faction to the Scots 1 Far. It was propounded by Titus, but not approved of. tAtt.Gen, But did you not agree to fend to the Scots that you did *gf*e to, and were there nrt heads which Tiitts,o\: Drafa did undertake to write, and afterwards were drawn up? Far. I Uw no letters. Att.Gcn. line did not Tirade tell you he had fent chem to Matter Billy in Scotland? Captain Far being at t ftand, the Atturny Gcr.crall as fab bint again. Did not W Ham Vra^e tell you, a letter was fem accordingly into Scotland i Far. Yeshedid tell me, hehadfent la - s. An Gen. My Lord, let him give you Lord (hip an account before the Troty at ^erfey, where T>ru\e met wkh him, and what he propounded to him, whether to fend to ycrfcy, and whatperions, and upon what meffage? Far. Mr.Vra^e did fay, that Captain Titm did fay, It was requisite for one to be at the Treaty at $erfey t and I had it from Vra\e, that Titus did undertake to go himfelfe thither. Att.Gen. What was his imploymentto be there, and what money was to be raifed for him? — Did be tell you he wanted money e Far. After ZMr.T)ra\e defired, I would help him to ten pounds, and Titus was in want of money to relieve bis neceiHties 5 and upon this requeit I did leave ten pounds in Mr.Drafa Ware-houfe. VVasPr^e prefent e Far. Ithinkhewas, I was promifed it a^ain, bur never received it. At. Qen. My Lord, Let him inform after this negotiation of Titus was ended at Icrfy, whether there was not a letter written by Titus, and whether this was not read in the piefenceof ZMr.Love, and fome others, and whether at Mr. Loves or no ? L.Pref. Upon the ending of the Treaty at Ierfey, and Bredab, were you not prefent at Mr. Loves houfe, when it was fignified from Titus, that ic was not convenient for him to come into England, becaufe bethought he was difcovered to the Councell of State, and defired fome body to be fent to Cat'ct to take an account there of his negotiation? Far. Yes, my Lord, I was there. Att.Gen. Where, ax Mr. Loves houfe? Far. Yes. Att.Gen.ln what part of his houfe,wbether in his chamber,orftudy I Far.ln his ftudy, as I remember. Att.Gen. Was the letter read there, and who read it ? Far. William Drake x^d it. ^feGe.Wbat was the fubftance of the letter,as you remember ?Fir.I' wjs forfending one over to Calice. At. Gen. Was Mr.Loi e prefent when this letter was read f Far. Yes fure, he was prefent. Att.Gen. Was it agreed that one mould be fent to Calicc> to take an account of it. Far. Ic w.s de- fired, and I was propounded to go. An. Gen. Who named you to go ? Far. Mr. Vrafa Att.Gen. What was theoccafion that Major Alford did go i Far. It was his Sons being there, that was gen from him. Att.Gen. But then it was agreed that Alfordihould go ? When Alford did return from Calice a- gain, and there was an account given of bis imployment, Where was this accounf given f and where were thofe papers read that did give the account ? Far. h was given at Mr. Loves > but I cannot fay, he was prefent at that, for he was abfent fometimes 5 I cannot be pofitive to (ay he was prefent : I do conceive he was prefent, but cannot pofitively fay ir. Att.Gen. What was the fubftance of the account given by Alford, or Drake, or who read it . ? Far. It was a Narrative that he had been at Calice, and what entertainment he bad. ^f.Gen.Wastbere acopieof a letter brought thither written from the King to the Presbyterian party ? Far. I cannot fay, he brough: it. ^r.GCfl.What was the fubftance of the letter ? Fir.Tofend CommifTioners to the Treaty at Bredab. Att.Gen. What elfewas in the letter f Did not the King of Scots declare in the letter, that he would give fatisfa&ion to the 5co*j, and in order thereunto he defired Commiflioners ? Far. It is fo long fince, tbatl cannot remember it. At.Gen. I ask you, whether it were not to this effect, to declare that he was willing to give fatisfa- cation to the Scots, and to chat end defired the Presbyterian party to fend commiflioners-to Bredab i Mr. Love. Thisisgrofi'e darknefie, for you to di&ate words to him, and then to fry, Was it not 'thus, or to this efTecV and fo to put into the mouthesof the witneiles what you would have them fay. At.Gen. When you 30 in darkneUe, itisgrofle treafon. Mr.Love. Eight witnefles have not proved, that I either writ letter, or received letter, or lent money- cAtt.Gcn. What was the efted of the letter? Far. Ic is fo long fince, tba: I cannot ipeak parti- cularly, but ic was co fend commiflioners* Att.Gen. 48 Mr. Far, the eighth Witnejfe. Ar.ra\e read papers there, that wai in the nature of a Commiflion, but ic was not agreed upon by the Company, becaufe private perfons could not do fuch a thing. L. Pref. Wis it not in order to the Treaty ? Fir. It was to advife with them about the Treaty. An, gen. Was it not read in the prefence of the Company? Far. The Commiflions and indu- ctions were reid in the prefence of the Company, but they were not agreed upon. Ait. Gen. Was it no: in the name of the Presbyterian party in England? Far. As I do remem- ber, the Commiflion was in the name of the Presbyterian party, for I did but onely hear it read. £Wr*Love. Let him fpeak viva voce. Far.To the beft of my remembrancer was for the Presbyterian party, but pofittvely,/ cannot fay foj M/Lord,\is two years fince,andas near as I ca-a remember^ was fo. L. Tref. The Commiflion you fay, was not agreed to, but the letter and inftructtons were ? Fur. William Vn^e did undertake to draw them up. r L.Tref. Wat they drawn up, and fent? lam no: able to fay they were. L.Fref, Who were to be the Com mi (Goners? Fir. My Lord iVUlougbbj of Tarbam, Al- derman Buncc, Mtjor G.'nerall Mi/fey, C)lonel Graves, Captain Titus. Att.Gen. V Vh3t were they to do ? Far. To advife, but not to treat in the behalf of the Presbyte- rianparty. L.Tr^f. Not in the behalf of the Prebyterian party ? Far. No. Att.Gen. Was there not an agreement of letters to befentto the Queen, and no propofals that way? Fir. No, my Lord. L.Vref. Jfnatwasthe fubftance of that letter read ? Fir. It was, as I remember, to have the Queen perfwadethe King to give fadsraction to the 5Ve*j in their juft demands. Att.Gen. Jfasitnot moved then to be debated what power tbey had to fend a Commifsion, and by what authority they mould do it, and by whom was it fpoken? Far. It was demanded, what authority had private men to fend Commi'sione s? Att.Gen. Did not you go afterward* with fome over into Soutb»ari^? Far- Yes. Att.Gen. Wattt did you go? Fir. 1 went with Ma/or tAlford, and with Alderman Bunce his fon-ae, and I went to Grawfeni. Far. No bodyelfe, nor had I gone, but at the re- At. Gen. Jf oat other company was there ? queft of Matter tAlford. Att.Gen, Dii you know tha: Mifon went ? Far. There was no fuch man went along with us. Att.Cjen. Did no body tell you i\\n(Mi(on went with the inftru&ions agreed upon? Far. There was a Gentleman we met with at Grave fen 1 > that I conceive to be that Mafon. Att.Ge*. Did be carry the inftru&ions ? Far. I cannot tell. L.Vref. Did no body tell you fo ? Fir. Not as I remember, I did not fee any delivered to him . L.vref, Do you believe he carried tbem out of thefecircumftiQces you heard ? Far. Yes, I be- lieve he did, / am upon my oath, and to fiy poluively, I cannot. Att G:n. Wxe. there no: lette-s left at you- h mfe, aid for who n, and win: dd you with them ? Far. There wis at ray brothers h )u r e lette.s left, but they were returned. 'Att.Gen, Captain Far, the eighth Witne^e. 49 Att.Gciu But for whom werethofe Litters ? Fir. They were directed to iVilliam *Dra\e by Jitus. Att. Gen. Were you at Colonel Bartons houfe at the Faft ? Far. I was. Att.Gen. Who officiated there, was Mr. Love one of them i Far. I cannot fay pofitively, I believe Mi-. Love did. L. Pref. Do you believe, Mr. Love was one of them ? Far. I conceive he was one of them, and Mr. 7{obinfon. At.Gen. Did he not pray forablefling upon the Treaty, between the King and the Scots ? Pari That was done, but I cannot fay ic was by Mr. Love $ but thefe words were faid there. At.Gett. Were you at a meeting at Mr. Loves, after the fight atDunbar, a remarkable time to this Nation? Far. I was there, but came in late. tAti. oen. Were you there, when a Letter was read from Majfey ? Far. I did not hear it read. L. Pre/. What do you know of it? Far. There was fuch a Letter came, to affift the King with Money and Arms 5 but it was not agreed upon. L. Pref. Do you fware fuch a Letter came ? Far. 1 cannot fwear pofitively. L. Pref. Did the Gentleman tell you fo ? Far. He did tell me fo. L.^ref. The letter did write likewife for Arms and Ammunition, did it not ? Fur. Yes, and for money. L. Pref. Did not Mr. Love tell you, they could not do it. Far. I did underftand it was Mr. Love. Att. Gen. Did not Mr. Love tell you, they agreed toraife a fum of money for Majfey, and Tim, and Graves, and fome of them ? Far. Yes, he did. At. Gen. What was the Turn of money, and for whom was it agreed upon ; did 5Wr. Love tell you fo ? Far. I fay Mr. Love did tell me, it was agreed upon for the fending of fome money, whether z$o or 300 1. I cannot fay pofitively 5 and it was to relieve Majfey and Titus in their neceflities. Att.Gen, Did not Mr. Love move you to contribute to this ? and what did you contribute ? Far.Mr. Love asked me.and I did promife five pounds, and brought five pounds,and laid it down upon his Table. At. Gen. Who was in the Room then ? Far. There were feveral. L.Tref. Do you know none of them i At. Gen. Mr. Love faith, he hath neither writ, received, nor fent ; but he doth not fay, he did not mend letters. Far. I brought five pounds in a Paper, and laid ic upon his Table. L. Pref. And was he in the Room I Ftfr.Yes, my Lord, but I cannot fay, any elfe was.. Att. Gen. I could tell you who there were more j Mr. Cafe was there too : my Lord, ask him if it were not agreed between them, that it fhould befo brought. Far. As I did underftand it wasfo >jfc was fo for ray particular, but 1 cannot fay it of others. Att. Gen. Did not Mr. Love fpeak to you to that purpofe, to bring it in that way . ? Far. I cannot fay he bid me lay it down. L. Pref. What was the maner of Afr. Loves requiring of you,or notifying of it to you, and the maner of your purfuit of that ? Here Captain Vat rvatataftand, andmadenoanfrver. Att.Gen. I will make it very fhort, Whether this were notdone, that there might be no difcovery of it ? Far. It was done to that effect, that there (hou!d be no difcovery of it, I did it under that notion. L. Pref. And do you not think Mr. Love conceived it under tb.it notion? Far. I cannot fay he did. Att.Gen. Were you not fpoken to by Cap. Majfey , to fpeak to Colonel Barton to lend money ? F^r.I did fpeak to him. L. Pref. What was that? Far. Ten pounds, as J conceived, for /received is from him in a Paper. Att.Gen. To whom did you deliver it ? Far. To Cap. Majfey ,Ma{feys Brother, my Lord. L. Pref. Yourcceived it from Col. Barton-, Cap. Majfey bid you fpeak to Col. Barton for a fum of money, and he gave it to you, and you gave it to Cap. Majfey. Att.Gen. Was the money, as you conceived, returned to Majfey and Tittti ? Far. I cannot fay it was. L. Pref. Do you believe it was defired toberaifed to that purpofe 5 and do you think it was done ac- cording to that purpofe ? Far. I do not know. Att. Gen. Whether do you conceive, that this money you thus kought to C*p. Majfey , was not for Maffty and Titm i Far. 1 do conceive it was. iAt.Gcn. And was not Afr. Love commonly at your meetings ; and whethcr,after T>ra\\e went away, the meetings were not at his houfe ? Far. I met wi h Mr. Lave often at h:s own'hoafe. H Att.Gen 50 Captain Far, the eighth Wt wt 'ffe. AtuGcn. Tbis money was taken up under the notion of acha;itable ufc. Far. I do conceive ic was given them under that notion. Mr. Love. Sir, He gave you a large account of the negotiation with Titut, Pray ask him if 1 were privy to it. Far. I cannot fay fo. L. Pref. Do you believe it / Mr. Love. You fay the copy of the Kings letter (you fuppofe^ that was brought over by Alford, was read at my houfe $ whether did /bear the letter read in my houfe? Far. /cannot fay you did. L. Pref. Was not Mr. Love, when the letter was communicated, fomctimes in the room, going, and coming? Far. I cannot fay when it was read, but I fay he was there during fome part of toe com- munication, but I cannot fay he was there at the reading of the letter. At. Gen. Thefe are good queftions, my Lord. Mr. Love. The Court will judge of that. L. vref But do you not conceive that be underftood the contents of it ? Far, I do conceive fo: Mr.Love. But he doth not fay, it wasfo. Hefaid there was a Narrative read from Titua, I defire your Lordmip to ask him whether I was prefent whiles the Narrative was read yea, or no. Far, 1 cannot fay any thing to that, i cannot fwear he was there. Mr.Love. Ask him whether I did not go often out of the room. Far, I did obferve that when Mr; Low hath been there, he hath been often called away, and hath been abfent, and therefore I cannot fay fuch a thing was done when Mr. Love was there. An. gen. He hath before prov'd it upon oath, that he was there fometimes. vMr. Love, But look before, and he faid, he could not lay I was prefenc when it was read. Mr.Love, This Narrative, whether was it a copy written by Alford, as news brought over, or the copy written by Titm bimfelfe? Far. Alford, faid it was a Narrative from Titus. Mr.Love. Pray ask him whether I did fend Alford over yea or no, or agreed to the fending of him over. Far, I think he did not, but be was fent by William, Drake- Mr. Love. My Lord, whether was he not privy to it / he told you Titm his, letter was writ before Alford went* Far. But it was not agreed upon. Att.Gen, Titus his letter that he writ, that fome might come to him, to receive an account of bim was read at Mafter Loves houfe. * Mr.Love. I move this queftion, becaufe Alford, who was the man fent, confeffed that William Vra^e fent him. He pretended there was a Commiflionjread in my houfe, I defire to know when or at what time, whether before the 20. of March, 16 jo. Far. I am not able to fpeaktothe time, it is about two years fince, or fometbing under. Mr.Love. I defire Sir, to ask him this cjueftion, whether the rude draught written by William Drake, or the originall copy was fent away. Far. There was only a rude draught that Drake read, and then afterwards Drake was to draw it up. Mr.Love. Ask him whether I gave my confent to the fending away of this Commiffion? Far, 1 cannot fay OAr. Love was there when it was fent away. Att.Gen. Did Mr. Love make any proteftation againft it ? Far. It was agreed by all, that that the Commiffion could not be fent* Mr. Love. Ask him, whether I did not declare in the Company, when there was fucb fpeecbof eom- miffionating, that it was an high ad of preemption for private perfons to commiflionateany, and a notorious fallhood,to fay it was an ad of the Presbyterians,and wheihcr did not I declare my felf againft fending the Commiffion ? Far. I did fay, it was agreed upon by all, that we could not fend the Commifsion. Mr.Love, I can prove, if I may have the witnefles indemnified, that I declared againft any Com% mifsion. L. Pref. Mr.Love hath declared then he knew of the Commifsion. Mr. Love. 1 acknowledge the disavowing of any Commifsion , J gave my reafons for it. Att.Gen. My Lord, J hope you will remember what the Prifoner fayes. Mr, Love. J do not own any thing about concurring with any Commifsion, but onlydif-avowingof it. After Dunbar fight, he faith, he came late, and be cannot tell whether the letter was read at my boufe, onely he faves, J told him fo; and whether was that the letter, or a copy of it. Far, J cannot (ay thar. Mr.Love. The molt that J have done, is but to receive news, and J hope J mail not die for that : Was this letter of Majfej written to me ? Far. J have faid already, J cannot fay fo. Matter Jackfon, reft/fog to be a tvitnejfe. 51 Mr. Love. I would be glad to be freed in Court. L. Pref. You arc a very free man indeed. Mr. Love. He fpeaks of a fum of two hundred and fifty pounds, or three hundred pounds, fent to ZMaffey, and Tim, pray ask him, whether I did agree that it Ihould be fent? L. Pref. Did he dif-agree / Far. I faid, it was agreed to, but by whom, I cannot fay. Ait Gen. Did Mr. Love at that time dif-agree ? Par. I cannot fay, he did. Mr. Love. Did I move Captain Far, or fay, Captain Far, will you contribute five pounds to 9Aaf~ fgj/,otTitutt or any money? Far. You asked me the qucftionjwhat I would do? Mr. Love. But for «31*jjey,and Titus? Far. I did conceive, it was for Maflej, and Titus. Mr. Love. Hefayes, he laid it in my houfe, and he fo far juftifies me, that he cannot fay I recei- ved it, and God is my witnefle, I never did fee it in my life; If another man agrees to receive money in my houfe, I hope the Court wiil not judge me for it. L.Tref. It ii an eafie matter for you to take it, and convert it to another ufe. Far. I do con ceive that Captain SMaJJey had the money. Mr. Love. Now you clear me; another man brings the money, and I doe not order him to bring it, and another receives it, and not I. Captain Farmtbdrawes. Att.Gcn. Now my Lord, we (hall conclude in a very fliort word, with a Minifterto aMiniftcr. Mafier ftclefon the Mini fler is called into the Court. Mr. -fatfon. Sir, I date notfwear, L. Pref. Dare you teftifie the truth, when God calls you to it ? for God will appear in no other vifion then in the power of Magiftracy. Mr. J«clt/b». I dare not/peak againft this mans life. L. Pref. Dare you fpeak the truth before a Magiftrate ? ^ Mr. $ac\[on. That that I fay is this, that I look upon this man, as ajman very precious in God's lights and my Lord, I fear I mould have an hell in my confeience unto my dying day, if I (hould fpeak any thing that Ihould be circumftantially prejudicial! to his life 5 and in regard of thefe ar- rows of the Lord upon me, I dare not fpeak. Att.Gen. I think all the Jefuites in all tbeColledges have not more defperate evafions or fliifts from the purpofe then thefe men have. My Lord, you now fee what a defperate combination here is, that men being before authority, and in the face of Magiftracy, infuchaCourt as this is, fo eminent in the prefence of it, and fo authorized as this is, that men fliould dare to dally as they do, and that Minifters fliould fay, they dare not fpeak the truth, not when treafon is hatched and contrived, they dare not fpeak the truth; that this man fliould be more precious, though a traitour, then the Com- mon-wealth which fliould be preftrved. I hope we fliall root thefe opinions out, orfome of the par- ties that bold them: that I wiil fay. L. Pref Matter Jackfon, you are one of the parties in thefe meetings, you have been at their mee- tings, and we require nothing of you but to fpeak the truth. Saint Auftine will tell you, that to con- ceal atruth, or tell a lie, you had better let the world fall about your ears: you are required nothing but to fpeak the truth, and will you fay this truth will be a torment to your foul 2 arc you a Profef- fourof JefusCbrift, aMinifter of God? the great errand you are fent hither about, is, to fpeak the truth from him j therefore lay your hand upon your hearr, and do as becomes you as a Chriftian, and as a rationall man, and as one that will tell truth, for by the Truth the world itands : rrz are all no better then favage men, if we have not judgement to tell truth one to another. An. gen. My Lord, Suppofe lAr.Love Ihould kill one of thefe men, (thatdoe hear the debate,) in the prefence of Mrtfadifon, and he fliould be called to give evidence, and refufe itj he may take away any mans life ; perfonall refpects fliould be fet afide, when we come to judgement. You fee, my Lord, the perfonof this man, how it is preferred by this man. That which is the truth, you are required to fpeak, and nothing elfe. L. Pref. Have you any oath or promife among your combiners, tobefecrec in this bufincfle? Mr. $acl{fon. Never in my life, my Lord. L. Pref. Will you take your oath f\ Mr. Jaekfon. I dare nor, my Lcrd. L. Pref. What isyourreafon 1 H a Mr.JtttyMi- jr Matter Jackfon, refufwg to be a tvitfleffe. 5* Mr.jMk.fotl. I hive cold you my Lord, and I will cell you it again, I am a man of a troubled fpi- rir, and 1 dare noc do any thm^ that mould caufe a hell in my conicicnce to my dying day." L. fref. Do vou look to die ? Mr. -fackfon. Yes, my Lord, I. Prtf. And do you exped co live again ? Mr.faityon. I ciuft in Jcfus Chiilt I llull live again. Ait. Gen. My Lord, I defire your Clerk may be commanded to give him his oath, and br required to take it. The Qctli tenders him the oath. L. Fnf. Will you rake this oath, or not I {M*. $dcl{fon. Noj my Lord. L. Pref. Then I ihink you are the men that werefpokenof before, Jefuits and Pricfts : they fay, you are none, bm you are chcir brethren. Att.Gcn. My Lord, thdego beyond Jefuits, the Jefuits will fwearwich a refervation, and thefe will not fvveat at all 5 this man muft be proceeded accordingly with, for if this be allowed, I con- ceive there will be no j.ftice in England. And inrd'peft of thequali;y of hisperfon,fun&ionjand gravity, by fo mucb is it a more pernicious example, andit aggravates the thing every way. L. Pref. Let it be known here, chat it may bedifperfed abroad, and I thinke there are fome of moft Counties of England. And this air is gone forth, this very plot is fecrctly fpread with fomc chief Minifters throughout all Engluni. Att.Gen. This right they have done to many of them, that I believe ic will make a more fevere in- quilition into thefe perfons, then otherwife there would be : it is not bloud chat is look'd after, but con- feflion and contrition. lam glad that tbofe that are not Clergy men do come in 5 and the Clergy will not confefle at all. the Court confults a -while. L. Pref. Mafter $ackfon> For your refufing to iwear, the Court fineth you five hundred pounds, and imprisonment during tbe pleafure of the Court. The peeper of the Fleet is called upon, and commanded to take him into cuftody. Mr. Love. My Lord, I have fome motions humbly to make to this Court. The firit is, to intreat your Lordfhip, and the reft of the membersof this Court, that if I have let fall any expreffions through in- confidcrateneffr, or for want of skill in che Law, tbat have been an offence either to your Lordlhip, or to any, I befeech you, ii" I havefpoken any derogating expreffions, or made any unfeafonable moti- ons, that you would impute it to my ignorance. L.Tref None of them mall butt you. {Mr. Love. Then I intreat this favour,that I may have counfel afsigned me, & Saliciters here in Court, and in my chamber at the Tower, and a copie of my charge, and convenient time, as the nature of the bufineffc requires, my charge being long, and J have not read a word of it, nor the depofirions; chat I may have, I (ay,counfel affignei me,& convenient time to bring in my anfwer>& I am confident ,through the good hand of God upon me, I mill clear mv felfe of all tbe treafons charged upon ine, and oi all xheir aggravations, through ftraines of wit, and quillets of law, by'inftrumentsof State i I am confi- dent, I (hall clear my innocencie, that I mall not ftand a traitour before you, L. Pref. They being inftrunjencs of State, are instruments of God, appointed by the State. For your time, you have all rhis afternoon. Are you not ready ? Mr. Love. I was yefterday nine houres lock'd up in that clofe room, and in this place, and I could noc read one word Lift night, not out of trouble of mind, but through wearineiTe, being kept fo many hours in the Court. An. Cjeu. My Lord, he hath had a fortnights notice of his triall to prepare for ir > My Lord, wee have been twodayes, and by the courfe of proceedings, if the Gentleman bad had his triall by a Jury, both muft have been difpatched in one day. We arc appointed to go on to hear his defence now, or clfe on Munday. Mr. Love. I defire a convenient time to bring in my witneiTes, to make it appear how the wimefits againft me contradict rhemfelves 5 I bave not ye: read the depofuions o( one man, and 1 c 11 ioc r A chedepofitions by Mundajr, and to morrow is a day that fome time of it mould be fpent in Ofhei im- ploymencs. L.Prcf. Todo juftice,you muft run out of the Churched ihough you were at your pr^y :s,you tmift fQifaJce Majler Love's Defence. 5 3 forfake praying and Sabbaths, to do juftice '> Sir, this is of a higher nature then all ycur preaching, and praying. The Court tovfulu a while together. L. Prcf. The Court all agree to give you till Wedne\day eight a clock in the morning. Mr. Love. I dciire that 1 may have counfel here, and in my chamber. L. Pre/. You have (hewed nothing thefe two dayes, that railcs any doubt in matter of Law. Mr. LoiC There are fome things in my charge, that I doubt this Court cannot take cognizance of, fomething in tbofe ads, and fomething in refpeft of the time. It is matter of law, whether the act fpcakof fending, or receiving letters, or mefiages. And here are eight witness come in, and never a man proves th3t I received letter, ox fent letter, or lent any money. And this I conceive is matter of law, whether the a&s reach, being prefent onely where other men lay down money. L. Tre/. You have bad counfell ? Mr. Love. My Lord, I have bad none. Att. Gew.For counfel, you are to fend him none, my Lord > hebaih hisliberty, he hath recourfe for all the people in England tocome to him. Mt.Love. Counitl have refufed to come tome, I have there letters about me. Here be reads the Utters of fome Coun fellers which tbty fent to him to the Tower ^declaring they could not come to him.unlefj'e they were affigntd by the Court. Att. Gin. All that we can fay to you, is, that Counfell may come to you, if they will. Maftcr Love is commanded away, and the Court adjourns till Wednefday. The third dayes proceedings. July 25. 1651. The Court is jet, and Mr. Love is commanded to the Bar. %/itt. Gen. \A fc L °v e - This is the day the Courthath given you, (according to your defire) to make LVL your defence, and they are ready to hear it. L.Pref. And I hope tbofe directions thar have been given, hatebcen obferved, that any pctfons of wbatqualitie foever, either Lawyers, or others that came to you, have bad in a fairway acctfle unto you. And that you have been debarred nothing that the Court gave order for j if there have been any impediments, we will do our beft to have them taken away. Att Gen. My Lord 3 I have nothing more at pre fait againft him 5 you have heard that whereof he ftands accufed, and the evidence produced to prove it ; and my Lord, I hope they be fufficient to con- vince the Gentleman, that there is proofe againft him for thele fads, and treasonable defignes, where- of he ftands accufed. Thisdayisappointedforisdrfer.ee, if he think fit to make it 5 but if God hath otherwile wrought upon his heart, and that he himfvtf is cunvine'd, that the charge againft him is proved to be true 5 to me it will be the belt way of his p. eLrv.uion '> Bur what way foever be thinks fit to take, I ihall be ready to go along with him in it 5 and fo my Lord, 1 expert what he fliali fay. Mr. Love. My Lord, I ihall not trouble fmtt Loiv'.'hip, and the Court, to bring in atprefent any wit- nefles, totcftifio any thing that might invalidate tru- ttftiincny that fome have brought in againft mc ; I love nottopiotrad time, but I Ifto&ld betray my owmnnocencie, fhould J by my fiierce he under all that charge and obloquie which is calf upon me : and thctcfuie, 1 deem it my diuie wherein 1 can, and as far as I am able, to exprefle my lel'e before youi Lcrdlliip, and \hz Ccurt 5 And therefore 1 humbly crave leave of your Lordihip,and chis Cou t, that I may make my derence for my life 6eforeyou. Although 1 am denied counfel to plead for mc in ;Ks C ouit,which is fo juft and nectf- fary a meansforthe prefervation of my life, yet my comfort is thst of the Pfahnijc, fa) dc- Pfal. 7.10, fence is of God, which favcth the upright in he.:rt y aid pttodeib the caufc'of bis firvant 12.5. tgainfi him ibatpiijfetbat him. My Lord, You have granted me thai favour) which the lemons did to Taw/, that he might anfwer for himfelfe, concerning the crimes 1\ J . . r „a ; .-.i; nim. [ In making my defence, 1 (hail humbly c - vc leave to proceed in this method, Tofpeak fomething firft concerning the charge. x a; v, . «i srning the witness an . -heir ttitimony. 3 dl >', fome thing con- cerning my felfe 5 and then L S med trills humbly to propefe loyoiir Lordfhip,and the Ccurt. Concerning my charge. Mr they have acquainted me that prefence with, or filence at what my accufcrs have done, this ren- renders me culpable by your ads. And therefore as to that, I (hall humbly commit my felfe to your juftice and mercy. Concerning Sir, the Charge laid againft me, I can fafely and truly fay, I am charged with many things, whichl ought not j being pretended to be done before the Ad was publiihed, which conftitutcs this Court ; I am charged likewife therein with many things chat I knew not, and with other things that I did not > and therefore dare not in confeience lie under the obloquie of the whole charge. I do therefore in generall declare and proteft againft what is mentioned in the charge, touching the rai- ling of infurrcdions, feditions, and rebellions j I may fay in that regard as Jerew/did, I defirenot that wofull day, God he knows. To the other particulars, to wit, the confederation with tfermine, 'Biercy, and others in forraign parts, to raife forces, Ianfwer, I diflike the very mention of their names, or any concurrence with them in any pradife of fuch a nature j who are perfons, whofe principles are fo contrarient to religion and liberty. As touching the other particulars ; to wit, a correspondence with the Son of the late King, the Queen, ^ermine, and Piercy, and others mentioned in the charge 5 I doe declare before you, that I never received letter from, nor fent letter to any of them, nor had I any correfpondence with them. There are other things in the charge, to which all the depofitions of the witnefles doe not in the leaft come up : And mould I by my hlence, render my felfe obnoxious to the whole, you might judg me to be guilty of that which indeed I am not guilty of. I obferve in reading the charge, that there are many things in it, which the witnefles doc not in the leaft fpeak unto. For firlt, None of them fwear, that ever I writ letter to the King, or to the Queen, his mother, or to; f ermine, *Eiercy, or any other perfon named in the charge, or to any per- fon of the Scottijh Nation, fince the troubles began. Againe, None of the witneflfes fwear, that ever I either defired, or perfwaded, or direded any perfon to write any letter to any perfons, whofe names are mentioned in the charge; or to any per- fon in, or of the Scottijh Nation > Nor do any of them fwear, that ever any letter was written in my houfe: but that onely letters fuppofed to become from, or fent to the Scots, were read there, which I do not deny. Again, None of them fwear, that ever I did fo much as read a letter in my houfe, or other where, that was pretended to come from the Scots, or pretended to bee fent into Scotland, Further, None fwear that ever I gave myexprefle and particular afTent to the fending away of any letter. And none fwear, that ever I collededonepeny of money, either for the King, or the Scots, or any perfon in Scotland. That which is affirmed by one teftimony, to wit, by Alford, that I mo- ved for money, I (hall a*(wer when / come to it. Again, None of the witnefles prove, that ever I invited any perfon, or forraigne forces, to invade the Nations of England, and Ireland, which yet is laid exprefly to my charge, in the charge read againft me : None likewife prove, that ever J plotted, contrived, or endeavoured to raife forces, tumults, or infurredions within this Nation, .againft the prefent Government. None fwear, that J was a correfpondent 5 Jndeed Adams in his teftimony had thefe words, (which both the Notarie and my felfe took,) that he took me to be a correfpon- dent: but when J had your Lordlhips, and the Courts leave to put this queftion to him$ Whether upon oath he would affirm J was one ? His anfwer was, that he could not pofitively fay J was Co, but he faid, he did conceive J was a correfpondent, but did not fay J was fo. So that Sir, as to thefe particlars, there are none of the eight witnefles, (neither the feaven, that have been fworn, nor yet Mafter Jaquel, whom J doc not take to be under an oath,,) that doe charge any of thefe particu- lars upon me. J have a word alfoto fpeak concerning the witnefles, who are myaccufers, and Jmi^htfay, there is an incompetency in them, as to their number. There are many particulars fworn againft me, to which but one witnefle hath fworn to one fad $ and this J (hall humbly offer to your Lord/hips and M after Love's Defence. j 5 and the Courts confederation. J might allcdgealfo an incompetence, as to their quality, they arc notonely perfons accufedof treafon, and fo are not to be believed, but they have made an open eonfeflionof that which is treafon by your Ad, and (bare not legries tcftcs. They have done that by an open confefsion, which as J am informed, is equivalent to a conviction ; they have ecu. f eft. fending of letters, receiving of letters, and lending of money- But they have proved none of thefe things againft me. Now tbey having both given it under their hands,and alfo publickly declared that they have done thefe things, I cannot judge them competent witnefles againft me 5 but this I muft leave to the Courts confederation. Sir, Concerning the incompetency of their number, To that wherein two witnefTes doe concurre, I am concluded. And wherein tbey have teftified anything true, I would not deny it for all the world, and wherein they agree in their teftimony in a truth, therein I will be candid, and ingenuous to acknowledge it. My Lord, Though the Charge be long, and my time but ftioi t, and the depofnions many meets of paper, fand truely I could hardly read them over, till late laft night,) yet through the good hand of God upon me, I mall labour to make as plaine and clear a defence as God mall enable me. Sir, In teading over the charge, I obferve,tbat thofe things which fcem moft criminall againft me,are fworn to, but by finglc teftimony, and I will mention with your Lordfhips leave a few partU culars. Yirft, Touching the letters, faidtobe from Titus, the effect of it being aswasfaid, todefirefome to come over to CaUce, that be might give them information touching affaires at tfcrfey, none but Far fwears that, this letter was read inmyhoufe. The other witnefles, fome fay, it was read in one place, and fome in another > tAlford, I remember, he fayes, he beard it from WiUiam Dn^e,and Adams fayes, it was read in William Praxes hoafe, but none but Bar fwears it was read in my houfe. There islikewife none but Far fwears, that Major Alford wasdefired in my houfe to go to Calice to Titus, neither tfaqucl, nor Fetter, nor Alfori, not Adams, nor any of the reft lay this to my charges it is onely Far, that layes this to my charge, and he doth it moft untruly, which I will make out unto you by an undeniable demonftration. He fays,tbat at a meeting at my houfe, the company did defire Major Alford to go to Qalice. Now if your Lordfhip obferves Alfords teftimony, betels you upon oath, that he was never in my houfe, till after he came from C Alice, nor ever fpake with me in my life, till after he came from Calice, there- fore could not be defired in my houfe to go to Calice. So that Sir, / will not lay it upon the badneffe of Fars con(cience,but upon the badneffe of his memory. I do not think he is fuch an Atbeift, to fwear fal- fly deliberately, but being ask'd fo many queftions as he was, for be was ask'd fourfcore and eighteen queftions by Mr. Atturney, and fome of the Court, he might eafily fay, he knew not what. And I faw the man was confounded, and it was hinted to him what to fay, by the help of the pa- pers, and examinations taken from him in private, and lhewed to him inpublickj fo that Sir, J faw the man under a temptation. I was loth to mention this then, though I knew bis teftimony herein to be be falfe, becaufe I would not anticipate my laft anfwer. A 3 d particular charged upon me by one witneffeonely is acopieof a letter, (not the Oiiginall, none fwears that,) that Alford received from Titus, and he told him, it was a copie of a letter from the King. Now Far he fwears that the fubftancc of the letter was to defire Commifsioners to bee fent over to Hredah, at the Treaty there j now tAlford, who pretended to receive this letter from Titus, being ask'd thequeftion, he fwears that there wainofuch thing in the letter, that he knew of. Now truely, if anydidknow the contents of that copie of a letter, it muft be Alford, who brought it over, I befeech your Lordfhip therefore to confider it, and though the charge againft me be very high, and my condition very low, and the opposition againft me very great, yet I hope I am in the hands of mercifull and juftmen, and that wherein you fee but Angle teftimonies, that therein you would be very tender in proceeding to a fentence againft me upon thofe teftimonies. Again, in the nex: place, Zobfervea fingle teftimony only in another bufincfle, and that is Major Alford', none but he of all the witnefles, did fwear that it was agreed upon among us, that is, army boufe,That a commifsion,and inftru&ions mould be fent over to the Lord JViUoughby of Parbam,Ma(fey 9 Titui, and Alderman Bunce > none, I fay, but Alford fwore this. Alums indeed, fwore that there was a motion that this (hould be, and Httntington fwore this, that Mr. Love (hould fay, Come, come, let it go, (to which I ftiallaafwer when I come to it.) But Far faid expre fly, three times in Court, being upon 56 M after Love's Defence. upon oath alio, Jfhtt all the Company were again** fending away the Commifsion .* And A If 'or A he onely fwears, that the Commifsion was agreed upon. I hope your Lordfhip, aid the Court, will judge which of thefe to believe, and for Aifords affir- ming that it was agreed upon a nong us, I am lure, if be had any confeience, he could not fay that I a- grced to it. I will not deny (now witnefles have proved it) but that I was prefent. Bat I did exprefle myfelfe againftthe Commifsion and inftrudions, as being an ad of high preemption, for private perfons to fend commifsions and inftrudions; and as being an ad of notorious faifhood that it Ihouldrun in the name of the Presbyterian partie j when none did know any thing of it, that I know of, but onely thofe that were then in the room 5 and \ befeech your Lordlhip, and the Court to conlider that chis is not onely a lingic teftimony, but that it is faid to be done in the year 1649. a great while ago, my Lord : And fo the bulinefleof Titus, if it bad been true, was done fometime be- fore that > fothat Sir, it being done before the Ad of the 26 th of March, 16 jo. which conftitutes this Court, herein I hope it will not be deemed criminall, if I had agreed to, and approved of the Commifsion, which I never did. Another particular, to which Zobferve, there is but afingleteftimo- ny, which is Alfordz\(o} he fwore, that at ameeting at my houfe, I moved for contribution of mo- ney toTitui: None fwore this, but onely be, cAdarns fwore, I took pen and ink in my hand, but he knowes not what I writ : others fwore that I was (ometimes prefent at the meeting, but none but A If or d fwore that I moved at ameeting for contribution of money. Now Sir, as to that it is but a finite teftimony j and if it were true, I do not deem it comes under the Ad, becaufe the Ad (of which / was ignorant, till the day I heard it here in Court,) of the fecond of Auguft, i6?o, Tha: Ad doth adjudge this to 'be treafon, to wit, The (ending, or caufing tobefent money, b or fes y orarrnes y into Scotland. Now Sir, if it had been true, which this witnefledepofethi That I at a meeting, did move for money, yet he proves not againft me, that^ever I received or fent away a penny , and if I had moved it, that had neither been a fending away of money into Scotland, nor a causing of money to be fent away ; and fo brings me not as to treafon under your ad. Another thing, unto which onely a particular wicnefie fwore > to wit, Far, is, that I moved him particularly to contribute money ; he chargeth not this at a meeting, as Alford doth > for he fayes, he came in late, but faith that it was a pirfonall motion to him alone j and he doth not fay, that I mo* ved him for money, for Maftey and Titus, but that I onely ask'd him this queftion, Captain Far, what will you do? And if your Lordlhip confider it, and that your Notaries have taken right* you ih ill find that to be his anfwer, which I mall anfwer when I come to it 5 and thereupon he confeffes, be brought five pounds to my houfe, but he doth not tell you that I received it, and God is my wit- nefle, Ineverfawir, nor received it, nor did I give anv diredions about it 5 but as Far was going out of the Court, he named Captain Mijfey , the perfon which hee thought received the money > for which hee was rebuked by fome that were by btm, that (o the greater odium might lie upon me ; as if becaufe the money being brought to my houfe, I muft needs therefore receive it 5 his name, as lam informed, that rebuk'd him for declaring, who received it, is Captain £/- Jbop > fothat they would infinuate into your breads, who are my judges (who I hope will be con- fcientious) That it was I thac received the money, when the witneife meant honeftly, thac another re- ceived it 5 but if I had received it, or moved for it, yet he is but a fingle'tiftimony to that particular. Again, in reading the depositions, I take notice that there is onely a fingle teftimony to thofe words; ('upon the readings reading I cannot fay.for I never read it, upon the hearing (ome papers read, fup- pofed to be a commifsion,) that Huntington fwore, that I fhould fay, Come, come, let it go. Thofe were his words > but the other who were there prefent, two or three of them being ask'd. whether they heard me fpeak fuch words, they all of them denied that they heard any fuch words. Now truely > this Huntington is a man whofe face I never faw before that "day, nor fince , till I faw him here in the Court ; and if I had known that $1 bulineffe of any dangerous nature had been come to my houfe, which /didnotj (for 1 knew no moreof it, then any here prefent, before Vra^e took the papers out of his pocket, which Huntington con fetfes were wicten in charaders, and read by X>ri\e,) I mould have been accounted a very indifcreet man, to fpeak any fuch words in the prefence ofsvman whofe face I never faw before. And for thofe words, chat I lhould fay, Comc,comt y let it go. I bopc-your Lordlhip, and the Court, will be fatisfied, that / never fpake any fuch words j. as to the commifsion and inftrudions , fo; then I mould have contradi ded my felf in one breach. For at the fame time, I had fpoVe againft ic. Again, Mafier LoveV Defence. 57 Again, I obferveinthe depofitions,None but Adams affirms that there was a Letter, which fayes he ; was declared to be directed to the Generall Affcmbly of Scotland. He doth notfwearit was directed to the General Aflembly, but that it was declared to be fo, and fo fwears by hear fay : None but be(T fay^affirmes upon oatb,that at my houfe there was a Letter read which was declared to be directed to the General Affembly. And be fays further, He thought this Letter was pend by Mailer l^ve, or D. Drake. But I befeech your Lordfliip and the Court to confide r by what reafon he did conceive this, and Z hope your Lordfhip will diftinguifh between a pofitive alfertiun, and a conjectural fuppofi:ion. For being ask'd why be conceived fo ? I conceive fo, fays he, becaufc of the language of ic 5 as if he that never faw any Letter of mine, to know that poor and low ftile I write in, ihould conceive that cither I, or that other Gentlemen named, mould pen that Le:ter, meerly becaufe of the language of it 3 it being (he faid,) in order to promote the ends of the Covenant. I hope the Court will judge of the infufficiencyof this evidence : and were it never fo clear, yet as to that particular, it is but one tcftimony. Again, None but Adams fware concerning a large Letter, that for my part I never knew of, till theday heaffirmedit here in Court. A large letter, he fayes , in the Nature of a declaration, pend as he thought, by Matter Love, or Doctor Vrake> wherein it fhould be faid, that they could net lend mony, till the Scots did appear more conliderable, and grew nearer to Action. 'Vet he confefles he had no ground to fay, Mafter Love pend it. And indeed , he had not. But Sir , as for this letter, though 1 durft not for a world deny any thing which I know to be true 5 Yet God is my record, to any knowledg, I never fo much as heard any mention of it. And as for thefe words he fpeaks of to be in the Letter, I know nothing at all of them. Nor did I ever hear them, as I know of, till I heard him affirm them here in Couit. But if it had been fo, yet he is but a lingle tcftimony, and 1 befeech your Lordfliip to confider that he fays it was to this effect, or this was the fubftance of it. Now I bopc,fo many Grave Judges and Lawyersthat fit upon my life,and fo many conscientious men, will betender of a mansbloud, when a man mail come in with evidence, and mill mew neither my hand, nor the letter, nor the Originall, neither copy, nor tranfeript, nor any thing bu; the vain rovings of a mans memory in things fpoken or done fo long ago : And that a man (hall come in againft a mans life, and (hall only fay,that this was the fumm or fubftance of it,or it was to this effect : And I being a Divine, 1 flial not fpeak as to mat- ter of Law, thatthisis inefficient teftimony, but as a Scholer, and one that ftudies the Scriptures, J fiiallobferve one memorable inftance that pleads my juftifica-ion in this particular : and they are the words of Cbriftj Chtift (aid,Ucftr6y ye this Temple, and in three day a 1 will raife ^ , it up : Now the Scripture in Mar^ fays, There arofe certaine and bare falfe wimfie x- ^ ^J?? for he was very violent for Hamil- ton sinv&bon of England, which I was, and to this day am againfl} and I did labour to poffeffehim what a mifchievous defign that was : And fo he pretended to be turned to my principles, and upon this got fome room in my affedions $ but theie words were not above a fortnight before I was committed toprifon: and I remember, theoccalion of them was this $ 1 was bewailing the great alienation and difference that there was between the Presbyterian and I ndepeadent partie (chough 1 do not love names of diftinction) and indeed, thus I (aid, That if the godly party, that are now dilunited and disjoyned, both of the diflenting and the Presbyterian way, were in arms, there were no hopes that ever the Malig- nants mould get the day. And God is my record, I fpake nothing to him but to this purpofe. And thus through the good hand of God upon me, 1 have fpoken to what I obferve in reading die Depositions, wherein I finde but fingle teftimonies againft me. I mall now crave leave (which is the main of my work) to run over the Depofitions as briefly as I can > for I mail not trouble you with large Speeches : but being the Depofitions were large, and the Witneffes many, your Lordfhip and the Court (I hope) will bear with me with the more patience, if I fpeak more largely in it. It is my dury to fpeak tor my ielf, and 'tis for my life. The firft Witnefle that appear'd in Court againft me, was Henry Potter. As to his testimony, there are many particulars which he was ask'd about me, to which he fpake but conje&urally > As be thought, and M he beleeved 3 and as he conceived. And when papers by M Att.Gen.oi his Examination were tendred to him,be anfwered, that then be bad a latitude to fpeafie more then be durft affirm upon Oath. And upon this I mail humbly crave leave that I may make this motion tc you, That you would not, in faffing judgment upon me,hearken to any private examinations, which are extrajudicial to be brought in Court againft me j for moft of the Wirnefles had their private Examinations mewed them in Court, and were read to them, and they did not fpeak in their relations of what they knew, but what they conceived y and when they could not tell what to fay,then their Examinations were produced to direct them > and I hope your Lordfhip and the Court will take notice of this. And herein I cannot but acknowledg the juftice of this Court in this particular, That you would not receive private examinations till they came face to face, that I might anfwer to the crimes laid againft me. But as to his Tefttmonyjl mall not run over things that touch me not, I muft not flatter my felfto paffe over things that concern me. For I know it will be look'd upon with more prying eyes then mine arc. There are onely two things in his teftimony that concerns me- He fpeaks not of any meetings at my houfe that he knows of 5 he fpeaks not of any money that ever J lent him or gave him, though there was a narrow and exact examination of him in thofe particulars. But two things concern mx in his Depolition : The one is, that be received a letter with a great L upon ir, from one Colonel Bamfield, which was a Narrative of the Affairs of Scotland^ which letter, with two more inclofed from my Lord of Argile 3 Lortden and Loutbain , He faid, he brought them to Mr. Loves , and herein J might take notice, that he forgot himfelf a little, for he might have faid, that he brought them firft to Mr.$a~ quels j for zfaquel did affirm in Courr, that Potter brought the letters to him, and fpake to him to come to me. The fubftance of the letters from the Earl of Argile and the reft,he fayes, were to move for ten thoufand pound 5 and (as J remember, Jaquel fayes, for five thoufand pound : But hotter himfelf ac- quits me in this matter , for he doth not fwear the tetter was to me, nor could he fwear it juftly $ nay ,be fwears,he did not think it was to me. And as for this Bamfield, he is a man whofe face J never faw to .bisday. And be r W ears,(and indeed he had been injurious m - f _ p ^ ,f be had no. told you thus; chat when hec,me mto Mr. Leva hl J»J s J jhmycul w v, hrmg b (mt houfe, he fa.d, Mr. Love I bivevem tojbcwp,,. And on- ^^ ufi ^ cfhit J I)cpofilhTlt *' lefle things be aggravated againft me by the inlinuations or ' - l J J Ti men, and by rigid inferences and collettins, this will be the worft charged upon me, That there were feverall meetings at my houfe, and feverall letters read there 3 which J do not deny : But Sir, hecon- ftfles, that he faid, [Mr. Love, I have news to JJ)ovp you ,] and that he opened fome of the letters, and that fome were not opened when he brought them : but neither he nor Jaquel fwears, That J opened 'hem. And he tells you, that he carried the" letters away with him. And he fwears further, that both rry [elf, ^nd all that were thei e prefent did manifeft an utter diflixe and deteftacion of thofe letter* Bur. herein J know Mafter LoveV 'Defence. 59 J know what Will belaid to my charge. Jt will be faid, why did not Mr Love revcalethem? Truly to this J do ingenuoufly fay, That J did conceive, by reading of the A tt that conftitutes this Court, That thofe oncly were bound to reveale, that did receive them > and not that J was bound to reveal that which another man received. But herein J am better informed by my councel,and they tell me, That pre- fence with, or filence at what others do, makes itacriminall fact in me, if the matter of the Letter be criminal and treasonable by your Adts 5 and therefore in this, that J did not difcover them, J mall hum- bly beg your favour. The next tbin^ in Potters Teftimony that touchcth me, is, He fwears that he heard of a Proportion for raifing of 400 1. for Tiim ind Majfey : Buc he varies from the others > Alford laid, z or 300 I. and Far faid, 150 or $00 I. and Hotter faith, 400 1. But he faith he was not prefent when the propofition was made, and therefore he cannot fpeak as to that. But yet faith he, $ brought ten pounds to Mr Love's houfe, and there left it (five or tix perfons more being in the room. ) Mr. Att.Gen.im pleas' d to ask him whether be did not give rrrc atwitchbythe hand or cloak when he brought it? Poner, I remem- ber, denyesthathe did fo, and I do not remember that ever he did it, nor do I remember that ever he laid penny of money down in my houfe. And 1 tell it you in the prefence of God, I never faw it, nor received it to this very day. But Sir, if he had given me a twitch, which is intended as an ag - gravation againft me, 1 hope a Judicatory will not proceed upon fo iilent a thing as that is. Though Solomon fays, There U a teaching with the fingers, yet that is fo filent a thing, that a court of - , l Judicatory cannot take notice of it, unlefTe it be manifeft and apparent by fome ad. And therefore feeing he doth not affirm that I faw the money laid down, or that I received the money, or directed or ordered him to come to my houfe with any money, I hope you will not lay that to my charge. And thus I have done as to that particular. There is onely one thing more in order to the letters he was examined about. He was ask'd what anfwer was returned to thofe letters that he received from Bamfield, and the Earl of Argile, and the reft, that he (hewed Mr. Love. To that he gave this account, That a letter was left at his mop, Which he thought (he (aid) came from Mr. Love or Doctor Dra^e. Now Sir, for my part, I declare in the prefence of God, That I never in all my life, either wrote or Cent, or left Letter at bis mop : And al- though, I am not to plead another manscaufe, yet I believe, that godly Minifter he mentions, will clear himfelf alfo > but I muft onely fpeak to my own defence. Formypart,! never in my life, Cent Let- ter to his mop, written to thofe perfons : And he onely fwears,That he thought the Letter left in his (hop, came from me or Do&or T)ra\e : But how could he know from whom it came, or what was the matter of it ? And if it had come from cither of us, which he did not affirm, yec he doth not fay he opened the Letter, and (o could not tell the Contents of k, that iz was an Anfwer to the fuppofed Letters he mewed me. / have onely one thing to obferve in his whole Teitimony, and that is, That heconfefles until he had a fight of other mens Examinations in private * to wit, Of Alfords and Adams, the things did not come to his remembrance, or words to that effect, be hath in his depofitions $ and that there were fome things, to which he could not fpeak exa&y, till he fi ft faw fome Informations > and that Mafter Attorney general did /hew him fome Informations, and that did bring things to his re- membrance ; and that before Captain Fijker, and Mr. Attorney did prompt him and remember him, he had forgot. So that Sir, J befeech youconfider,whether tbs be a clear and good Teftimony in Law, That when 3 man hath forgot a tbing done fo long ago, he (hall through the Examinations of others, have hfs memory rub'd up, and 'then (hall come here in a publike Court, to teftifie this againft a mans life. The next Witnefs is Major Alford, He gives you a large Relation about fending litui x.o'ferfey, and of a 100 1. given him for his journey, and of Letters to the Qoeen, and ^ermine, and Tcrcy. My Lord, J am as ignorant of all thefe things, as the childe unborn, and did never know that Titus was goneor fentto $erfey 3 byany perfon, rill a long time after Jheirdhe was there, and till J heard of his name in the Viurnals, That be was an Agent for fome Presbyterians 5 till then, God is my Record, J knew nothing of that > and] need not fpeak to this, butbecaufe this was part of my Charge, and brought into the Courr, many may imagine, as if J were guilty upon the whole matter 5 but that which concerns me, is this, Heaffirms that the Commiflion and Inftru&ions were agreed upon, at my Houfe, to fend to fome perfons j To wit, My Lord WVXoughby of Parham, Majfey, Titws-, and Alderman Bunce , to Treat at Bredah 5 and this to be in the behalf of the Presbyterian Party. J 2 Now 60 Mafier Love'* Defence. Now Sir, I ftull humbly crave leave to offer, wherein this Teftimony is not onely difagreeing with the Teflimony of otrnrs of the WicnefTes, but even to his own Teftimony alfo : For here be fays, it was agreed upon at Matter Loves houfe, and in three leaves after, he fays, It is true, there was a Commiflion and Inftru&ions read at Mr. Loves houfc \ but whether they were agreed upon there or no,faith he, 1 know not -. I do not fay,he hath a bad confcience,but fur el am,he hath a bad memory. He difagrees with the witneiTesalfo $ for Far did exprefly affirm upon Oath , That all the company was againft fending them away j and therefore, for Alford to fay it was agreed upon among us, in that I am fure he doth not fpeak truly. Another thing which Alford laycs to my charge, is about a Letter, which after *Dw\bar fight mould come from Majfcy, wherein he mould write for Money, and for Arms, by the way of Holland 5 and he fwears, this Letter was read fn my houfe, and fays, That upon the reading of it, I did move for the contribution of Money toberaifed for the fupply of Titut. Now before I anlvver to that, though I am not in a condition to retort, yet I ihall humbly crave leave without offence to Mr. ^Attorney General, tointreat the Court to take notice of this one thing: Mailer Attor- ney General, when the witnefs had fpake thefe words, did pray your Lordfhip and the Court to obferve, That Majfey wrote for Arms, and Mr. Love moved for Money j as if he would infinuate to the Court, that he writing for Arms, and I moving for Money , that my moving for Money was to buy Arms.' Now Alford upon oath did declare, That every man there was againft Arms, and he onely faid, That the motion for Money, was to fupply the Pcrfonal neceffities or Majfcy and Titus, who were in want : So that I intreat you to confider it, that that Infinuation of Mr. Attorney General, might not be aggra- vated againft mee, and that a bad inference might not be drawn from ir, as if bee writing for Arms, and I moving for Money , That that Money mould be to buy Arms j which is contrary to Major Alfords Oath. Againe, another infinuation of M Attumy General is this, He prayed your Lord- fhip and the Court, to confider, That I moved for three hundred pounds. Now this is contrary to Alfords oath 5 for Alford hath tbefe word *, Mr. Love did move for the contribution ofmoney^but there was no fummfpol{cnof. Now when,he Hull affirm, that there was onely a motion for money, bucnofum fpoken of i 5>balltbis belaid to my charge, as if I moved for $00 I. ? Therefore I intreat you, that thofe Infinuation* and Aggravations of Mr. Attorney General may not be laid upon me 5 and that ye would take no notice of any private Examinations, nor yet of any Aggravations of thofe who are in- ftruments of State 5 but upon the plain depofition of the Witneffes, and according to their teftimony and your conferences, I muft ftand or fall. Alford faid further, That after he came from Tim, he gave an account of a Narrative, and of a Copy of a Letter from the King of Scots $ wbat he might bring,- I know not; and if he did, I never defied him, eithertogotoCd//Ve, or to come to my houfe : Fori never fpake with him (as I rememberj till after he came from Calke, nor till the time, he fays, the Letter and Narrative was read in my houfe ; Now Sir, he onely fays it was a Copy of a Letter (not the original,) That Titus (faith hej didjhow me a Copy of a Letter, at leajlwife, wbkb be /aid was from the Itjvg to the Presbyterian*? arty. So that this which is the Foundation of the reft of the teftimony, is onely this, That the Copy of the Letter was read at my houfe, and that it was a Copy of the Kings Letter : This he affirms onely, upon heai-fay, for he fays/ Titm told him fo > But who can fwear, ei- ther that Titus had the original Letter, or that this was a true copy *, nay, might irnot be a fictitious thing, either of Titus or of this man, as may well befufpe&ed : So that tbey that receive Letters, if that be Treafon, and thofe that write Letters, and fend money, if they be Traytors 5 yet they have proved none of thefe againft me, and yet I onely am Araigned, and they in hope of Favor* Again, I defire the Court to take notice, though Captain Far fays there was this Claufe inthe copy of the Letter from the Krngj To fend Commifionersto Bredab * (and yet he overthrew his oath afterwards : For fays be. It is io long ago, that J cannot remember it - 3 but I ("hall fpeak to that when I come to it :) YetAlfordi\at brought this Letter, affirms, That he did not know it was to defire Commiffioners to be fent > and if it bad been fo, I mould never have done ir, and never did it : Ac that time I was in my Smdy, J do nor deny it, but when Drake read the Commiffion, J did declare mydifltkeof ir, and deteftation againft it 5 and fo did (as Far affirmed) either moft or all the com- pany : And if any fucb thing were lent, God is my Record, J did neicher know of the writing of ir, (other then in Characters J nor of the contriving of it, nor yet of the fending it away, till J heard Alford confefs in the Court, that he carried this Commiffion to Cjravefend to one tfiafon, a man tvhofe name J never heard of, before J was in trouble : and if J had written and confented to it, yet it was in the year, One thoufand fix hundred fcrty and nine, as Major Huntington fworc » and therefore wa& Matter Love' j 'Defence. 61 was before the time that your Aft ccu!d rake hold ofme,if J had concurred to it,which J never did. A- gainhe intifteth upon it, that I moved for a con:ribution. Now herein,! befeechycm Lordlhip ,thac 1 may offer thefe two things. Firft, This is but the (Ingle Teftimony of one man, and by the Law of God, and of the Land, a mm muft not die, but under the teitimony of two or three wicneilcs, in the Old Tcftament, Dtut. 9. and if. One witnefs Jlull not rife up againjt a man for any iniquity , or for any fin in any fin tbatbefin- nctb: At the mouth of two mineffes, or at the mouth of three vpitnejfes, (ball the matter be eftablifl)ed. And lead this might, bethought to be a Judicial Law, pertaining on Jy to the Jcwilh State 5 it is therefore quoted four times in the New Teftament j by Cbrifi, inMatih.18 by Paul, in 1 Cor. 1$. and in two other places $ as noting it to be'a Law of- Moral equity, That no mans life fliould betaken away, but by exprefs and clear Teftimony of two fufficient witneffes. Now in this that may fecm moft to pinch upon me, that / mould move for Money, there is but one witnefs j and it is, as I am informed, contrary to the Laws of the Land, and the Statute of the fir ft oi Edward, tbefixtb, which providetb, Thar no man ihall be Indited, Araigned, and Convifted for Treafon, buc by two lawful and fufficient witneffes i and therefore I befeecb your Lordlhip, and the Couit, That you would be render in thofe things, wherein you finde but one witnefs fpeaking. The other thing which I mall fay to this point, about moving for Money, is, That I humbly con- ceive the Aft doth forbid relieving perfons in Arms: but now no perfon can be relieved by a bare moti- on j it is not the motion, but the having the Money moved for, be fore the perfon in Arms can be fa id to be relieved ; and if it were true, yet it is not proved, That thofe pet fons were then in Arms : The other Aft of thefecondof Augufl, I conceive, gives me relief if I had moved for Money 5 For ic judges thofe onely to be guilty of Treafon, That (hall either fend orcaufe to be lent, Money, Horfe, Arms, and Ammunition into Scotland. Now Sir, if I had in a meeting moved for Money, yet he tells you not for how much I moved for, for ought he knows it might be but for fix pence, for he cannot fwear to it j and I hope, when the fum is not fpoken off, you will be very tender. Yet tfeis comes not under yoar Aft, either to be a fending of Money into Scotland, or acauling of it to be fent, which is nocintheleaft faftned upon me .* Whenlaskthim (though he fwore I moved for Money) whether I contributed any Money my felf , to that he anfwered, He could not fay I did » nor could any of the eight witnefles that came in againft me. And thus I have done as to his Teitimony. The third Witnefs is Major Huntington, and he affirms, That in the year One thoufand fix hun- dred forty and nine, oneaskthimto go to my houfe, and told him there was fome thereat Prayer 3 and that he might there hear fome news 5 and that he fpake upon hear- fay : but then he fpake upon oath, Andwhenlcame there, Prayer was done. Now for a man to be fo pofitivc in the fir ft entrance of his Teftimony, as to fay Prayer was done, when he could nor know that there was any Prayer there at all, (for when he earnest feems there was no Prayer, and how then could he knew there was any Prayer there at that time?J This at the very firft entrance of bis evidence, I fuppofe might be a juft ground to fufpeft his whole Teftimony ; but as for the man, I knew him not, I never faw him, as 1 faid, before that time, nor fince, till I faw him here in Court. This man affirms , That William Drake read in Characters, that which he called a CommifTion, and faid, That he had command from the King, to fend this Commiflion away, which God is my Record, I never heard, nor ever knew of it $ and Al- ford that brought over the Letter, in which Far fwore thofe words were, he himfclf denies it. But that which concerns me in Huntingtons Teftimony, is this, He affirms that when the Commiflion was readbyPr^e, I mould fay, Come, come, let it goe. Now Sir, I askt him this Queftion, Let it go, what doth that refer to f fays Huntington, Let theTapers go. Now truly, I am not fo bad a Gram- marian, as tofpeak of Papers, let it go, and not to fay, let them go. And if I bad fpoke of Papers, as he fays I did, I muft either be guilty of non-fenfe, orelfe he of falfliood, I believe he of both. JBut as for thofe words, Come, come Jet it goe\ he doth not affirm, that I faid, Come, let it go away, but let it go, and that may be 3 word of diflike : And if I did fay fo, yet it was not of the Commiflion, God is my Record, for he came not till nine of the clock at nighr, as himfelf fays ; and before he came, I had declared my felf againft fending away the Commiflion and Inftruftions, a3 being an aft of two high a nature for private men, and of notorious fallhood, to fay it was in the name of the Presbyterian Party, when it was not ; And the other men that were herein Court upon oath, and that were then prefent 3 zssAdams and Alford, did confefs upon Examination/Tbat tbey beard no fuebwordsfromme* The Majler Love's Defence, 62 The next teflimony is Miftcr Adams, and he relates a ftory of a correfpondency between Willi- am Pftzfct,and one Mttfon^nd. being ask' d, Was M^fler Love privy to this correfpondency ?he did fo far clear me,tbat he could not fay it,nor was I privy to i r. Being ask'd again, Was Matter Love privy to thefe letters of fending moderate propofitionsto the King / that he like wife cleares rrre in, he cannot fay it.And / can fay, that I am fo far from moderation in thtir fenfe, that moderation in their fenfe / deem downright Malignity, which I was, and ftili am utterly againfl.He was asked Ukewile.did CMafter Love £m>» ofcolU&ing a hundred pound for TimtTo that be anfwered, that he durft not upon oath fay that M.Love was privy to this collection, and he doth not fay that it wis agreed in my houfe, to fend away the commiflion, but fays, it was moved in my houfe : forfayes he,lcannotfayit was agreed up - cn y for there wxs no vote paft. Thefe were his words, and he contradicts Alford and £arr in three places of his teftimony. He overthrows >4//crd.r deposition. He affirms, that the copy of the let- ter from the King, was to (hew what greac affection he bare to the miniflry of England, and promifed great favour when he was in a condition todo it, and defired tbemtoftand ftedfaft in the way they were in: and he faith, he dare not fwear that this letter was read in my houfe, but he thinks it was. Now as to this letter likewifej defire the fame favour from you, That when the letter doth not appear, neither the Originally nor the individuall copy,that you would 4 be tender of paffing any j udgment upon me, upon the vaine rovings of a mans memory $ and of a mans memory too, that is ingaged to profecute my life, tofave his own, as mod of the witneiTes that cameinaganft'me are. He faith, there was a motion made in my houfe, That a commifsion and inflections ihould be drawn up to fend to my Lord Willougbby of Parham&nd the reft in HoUand,bm fayes be, by whom I cannot fay* and fays he, there was no debate, as I remember,co mend the inftructions i though the Atturny Ge- nerall did lay it upon me, as if I had corrected and amended them, when J did neither read them, no nor fo muchastouch them in my life. The fubflance of the commifsion he tells you was to Au- thorize the Lord Willougbbyof *P arbm,Maffcy > Grdves and others, to afsill their Brethren of the Scotiih Nation in their TreatyrNow to this there is a manifdl contradi&ion in another mans teflimo- ny. For C. Barr fwears,that the commifsion he fpeaks of was not to treat, but only as private perfons to advife that the King might agree with the Scots, upon the intereft of Religion and the Terms of the Covenant,That he might not be drawn away by the high flown Cavaliers, and Malignantsi fo that War overthrows this teftimony of Adams: Adams fays it was to treate , and Farr fays, it was not to treate but to advife : but be it the one 3 or be it the other,J detcfl bothj had no hand in,and gave no af- fent unto it,but manifeftcd my diflent to the whole. He being likewife askt (for J am ftill upon Adamt his reftimony) whether at a meeting it vvas not propounded at my houfe to write to the Queen , and to Jcrm/«,and Percy, to mediate with the King to agree with the fecot$. To this be aniwered no,and truly he might very wel anfwer fo, for J am fure J did never in all my life bear of a motion fo much as of a letter to be writ to any of thefe three perfons, to the Queen, Percy or fermin 5 and ihould have loathed and abhorred the very thought of itj and fhould think that caufe the worfe, wherein thefe perfons were ingaged > .being ask'd whether there was not a letter from Percy , that writ for mony to be fent to the King, and whether the anfwer given was,that they Ihould flay till the King and Scots were agreed, and then to fend mony : Adams in this did me this right, Heconfefl,he faw fuch a letter writ, but (fays he) I only faw it in the funds ofom Mafon,* man who for my part, I never knew,nor beard of till I was in trouble : and being ask'd whether this letter from Pierc),ytas read in Mafter Loves houfe, be faid, certainly no. Being again ask'd whether about tAuguft there was not a letter written from 5Wj/fcy, wherein he faid he had b.tck friends in Scotland, and complained that he was nor pro- moted there, and whether that letter was communicated at Mafter Loves houfe j In this alfo be did me right, for he anfwered, Mo certainly, that Letter was not, to the heft 1 of my remembrance, read there 5 I heard of fuch a letter ,but faw it Mot.Then being asked whether one Sterns was not a Scotch Agent,and whether he did not ufe to come to my houfe^to which he %ives this anfwer : We took bim to be a Scotch A m gent, and hemetfometimes at Mafter Loves houfe : Now Sir,as to that,he fuppofeth that be was an Agent, but doth not fwear that he was fo,much lefle that I knew him to be fo. Nay, lean fwear upon the beft information Ihave had both from his own mouth 3 and the mouths of otbers,that he was no Agent,for he lived in England fourteen years, and had not been in Scotland in fourteen years. And /heard himfelfe fay fojWhen be went away upon the Act j and I asked him, Are you im- ployed by the Church or State of Scotland ? and he told me no , he was not ; it is in your breafts whether you wil believe me or no : and likewife MJBfare when he was here in London,did affirm to me, that Mafler Love's Defence. 63 that be W3Sapoorboneft nun, and that he was no way imploycd as an inftrusnent of State. I know nothing of che mans Agency, behe Agent or not, I never fent letter or menage by him, nor re- ceived any from him in all my life > but 1 fee ic is laid heavy upon me in my charge, that / contributed monytohim: but no man in his depolitient did prove that I ever gave him a penny. Adiims being ask'd, whether Mafler Love did not mite down the (urns ofmony that wis to be contributed to Maf[cy> In this he doth me right alio, for he faith, Mafler Lovehadpaper in his hand, but I did not fee whit be wrote, and therefore to that I need not anfwer 5 being further ask'd, Did not Mafter Love put the fir it letter of their names before the fums which others wrote, he anfwered, he cou'd not (ay lb. Being ask'd fu;ther, Was there not a letter pend by Mafter Love and Doctor Dra{e , this anfwer hee gives , There was a letter, but ('fays he) I cannot deliver it upon my oath that it was pennd by tbem> but I thought it was (0. He could not tell to whom this letter was direded, but faid, it was declared to be directed to the Generall A ffembly of Scotland; Now as I obferved in the beginning, this is only the fingle teftimony of one man, and indeed it was thefiift Queftion (as I remember) that was ask'd me, that was of moment, when I was examined by the Committee, Whether I did not penn this letter ? I did declare to them in the prefence of God, that I neither pend that nor any other to any perfon of the Scoiilh nation (ince the wars began, and this 1 declare in the prefence of the fame God, ftillto be atruth. Being ask'd further, Was Mafter Loveprcfent at fomctime of this meeting ? heanfwered, I was, and thereafon why bethought that we might pen it, was becaufeofthe language of it. M. At- turn. Gen upon this ('/remember) ufes this exprefsion, &tj Lord, this is very high, after we were in- gaged in b!ood,that a letter Jhould be fent. But to this I fay, there ii only a fingle teftimony, that fuch a letter was wiit,and whether it was fent or no, he doth not prove, nor doth he prove that I writ its and i declare to you,th3t I never writ it ; as touching this letter, which M. Att. Gen. isplcafed to infift upon to much, e/4ijwj, being ask'd w hcther it was agreed upon that this letter mould be fent/ he gave this an- fwer, It waa after the fame manner that other things were agreed upon : but there w*s no vote pafl, and therfore he cannot prove my particular and exprefle afTent to the fending of the letter ,or any other letter whatfoever j and here to take offthejealoufieof a correfpondency>which in the clofe,through the Grace of God I mall clear to you > but to take it off now a little before I come to it;if there bad been a corre- fpondency maintained, would it have been imaginable, that frcm the time of the fight at Dunbar, which I think is ten months fince, to this time, That there mould be no letter that any man can fay, nor that I did certainly know of, that either was written or conveyed, or debated upon to be written,from that time to this very day, to any of the Scotifh nations and yec all this tends to ag- gravate matters againft me, and all the burden is laid upon my weak moulders. Other men that have beavyloades , have laid them upon my back to lighten them from off themfelves. Tou- ching this letter, he faith, this was the fubftanceofit, or it was to this effect, or purpofe \ and a- gain I infift upon it to beteecbyour Lordlliip and the Court, to take heed what you do. It concerns you more then me,it concerns my life only} But it concerns your honors,and lives, and fouls and all. That upon an uncertain evidence you do not fpill a mans blood. The man never read the letter, only he beard-it read 5 and then he brings in to that and other letters, This is the fumm of it, or it was to this effect. And though this man hath done me injury in fome particulars, yet in others he hath done me right. For being ask'd, Did Mafler Love write letters, or receive any, or mend thofeinftru&ions, he on'y fwears,he faw the letters, but cannot fay I did read them jBeing ask'd whe- ther I did give my confentto the fending away of that letter after Dunbar fight, which is fo mucb infilled upon, and fo greatly aggravated, he did thus farr right me j He faid, I will not (wear he did give his confent* being ask'd whether I was acorrefpondent, he faid, he took me to be a correfpondent, and upon thefc words I had leave to ask him this Queftion: Whether he knew J was a correfpon- dent ? To this he faid, that Letters were heard by me, but faid he, $ cannot (wear that he was a corre- fpondent, $ did conceive Mafter Love to be acorrefpondent , but fdid not fay fo, and $ dare not (wear thuhe was a correfpondent. $0 that herein likewife there is nothing but his humbly conceivings and his fuppoiitions, according to which J hope you will not pafleany cenfureupon me 5 and thus J have done with Adams teftimony. The fifth teftimony is that o($aquel, which I do here again in Court except againft, as noLegall witneffe, for he did declare he could not in confeience take an oath againft me. He did well nigh half an hour declare he could not fwear,but that he would make a Narrative or relation of what was true I did intreat your Lordfhips leave to put it to bim whether he was under an oath or no,and he faid twice at 64 Majler LoveV Defence. at lead, J am as good as under an oath ; if any perfon good or bad come under an oath, J muft ftandor fall by his tcitimony, and according to Gods Ordinance, an Oath is to decide all con- troverftes: But the man declared, He was not under an Oith i and went out of the Court, and was fined five hundred pound ; and when aftc: wards he was called into the Court again, he did onelv our l:_ i j u:« r „ f „«k;cn„ ft. c..k..»i.;. ..,,• i__ .*. -5L ( ~ . J " w Fi nies nOt ipcuiv IU 11, LfUV. wii«.ij hj i«-» a wfti«- i\\,iaiiuii, «..« iiouvu * ll i ui III dUUil. concern me in his Teftimony, but onely a concurrence with Potter j Potter and he coming to my houfc^ with fome Letters (ash:f:ikhj One from Bamfield, another from Argyle, Louden, and Louthun, and Belcirrk j and another from one Mallei r buly> if I remember right. Now Sir, as to thefe Letters, I do not deny, but that they brought them to my houfe j nay, I do acknowledge tfeofe two men did bring tbofe Letters to my houfe, at leaft wife, which they laid were fucb > but whether they werethe Originals, or Copies, I know not 5 for I never read nor kept the Letters, but they carried away the Letters wi'h them; and Captain TcMer faid, Mailer Love, 1 have news to (hew you, at that very time when Mr. piquet and he came to ihow them at my houfe. This Witnefs, I cannot call him fo, but this Tnformer faith, Thai being askt what was done upon the hearing of thofe Letters, he faid, Potter tad the Let- ters > but that there was no Agreement upon it, but an utter diflike in all that heard them, about the Contents of them : And he hath thefe words further, It was,fays he,a trouble, I am confident, to them that heard and read the matter of thofe Letters 5 but being askt, Did Mafter Love agree to the giving of Forty pound to Bamjield^nd his man ? To that Queftion he anfwers thus 5 he faid, There was no Agreement, but it was thought convenient by all- Upon this, I craved leave of your Lordmiptoask him this Queftion, How he knew my thoughts, that I thought it convenient > to which, he gave this anfwer, 1 cannot fay avy thing, that Mafter Love did fay Jt wu convenient. So that therein , though he might prefume upon a mans thoughts to know them, yet be muft onely judge my thoughts by my words, as the tongue and heart agrees; for he is not a god: bat he doth not fay, That I faid it was convenient • nor did either of them prove that ever I gave a peny, either to Bamfield or his man. The laft Witnefs that came inagainftme, is Captain Far 5 and indeed, I do not know what to make of his Teftimony, I will not caH it a prompting, that will be thought too bad a word 5 but cer- tainly it was fuch a Teftimony, that I never heard produced in any Court in my life. For Mafter At- torney general, and fome others here, did, ask him Ninety eight Queftions j fo that the man fpake nothing deliberately, but fpake by reading out of his private Examinations, which is extrajudicial to be brought in Court where the witneftes are to fpeak Viva voce. There was, I fay, fo many Queftions fbefides thofe I had leave to ask him) propounded to him, during the time he was upon his Oath > And the man was of a dull fpirir, and How of fpeech, and I did perceive him to be fo poffeft with fear, that he knew not what he laid; for be hath manifeft contradictions in bis Teftimony, which I believe all the Court will fee, and therein concur with me, when they come to hear them. The firft word I heard him fay in Court, was this, Todelire the benefit of his Papers j it feems he did fufped the badnefs of his memory, that he muft have his Papers to help him fand Papers written by another^ before he would be depofed in Court again ft me for my life. Being askt, whether upon the ending of the Treaty at tferfey, there was not a Letter came from Titus, to defire fome body to come umo Caliii ? and whether that Letter was read at any houfe ? and whether at my houfe Alford wasdefiredto go ? He affirms, he was ('which noneelfe did) and which is a moft notorious falfhood. I have no rancor in my heart againft him , the Lord knows 1 have prayed for all thofe that perfecute me j and my heart cleaves tothem in love and pity : I do not tax the bad- nefs of his confeience, I think he dares not be fo viie, but I do tax his memory in things donefo long ago : And afterwards he fays, He could not remember ou^ht ^though he did pretend to remem- ber,) becaufe they were done fo long ago: yet before he did affirm them Now todemonftrate this that he fays in this Claufe to be falfe, That Alford was defired in my houfe to go, Alford himfelf fays he was never at my houfe, till he came from CxttU, which is certainly true; and therefore Alford could not at my houfe be defired to go to CallU > when there was an account given of Alfords return from Callis, then I know he was there, though ] never fpake with him before that time, as I remember; nor was he ever within my doos till after his return : But fays Far, I cannot fay Mafter Love was prefent, while Alfords return was there real, for fomeumes be was abfent. Then Mailer LoveV Defence. 6j Then further being ask'd what was the fubftance of that copie of the Letter from the King that Alfori brought from Tina ? he anfwered, that the fum of ic was this, That the King of Scots did declare he would give fatisfadion to the Scots > and in order thereunto he defired Commiffioners to be fent over to Breda i Thefe are the words of his teftimony. Now Sir, this is but the (ingle teftimony of one man, and it is contrary to the teftimony of that very man that brought over this letter: and if any manknewthefubftinceof the copy of the letter pretended to be from the King, it mull be Alfori that brought it over.Certainly,none could know it better ttan he 4 and therfore for this man to be fo ftrangely befides himfelf,and to forget himfelf,fo as to fay, This is the fumm of ioe letter, when he that brought ic faicb the contrary, and did not know that this was the fum of it : this may feem ftrange, and J hope you wil judg of the weaknefs of this teftimony. Being ask'd whether he did not conceive this to be the copie of the Kings letter ? he did me right in that,for he faid,he could not tell whether it was the copy j but that Alford told hirn,he brought over a copy of the Kings letter. And Mr- At. Gen. was pleafed to aggravate this of Cap.Fir againft me : Sayes he,the King fent over for Commiffioners to treac,and accordingly at Mr. Loves houfe it was agreed upon that Commiffioners mould be fent, and there were pcrfons named. To this J fay,tbat, God is my record, I never in all my life heard (as J remember,) of any letter from the King to that end,that Commiffioners mould be fent over.And Far doth me right herein > for in an- fwer to that qucftionjWas your Commiffioners agreed upon\he three times anfweis negatively. J do not per. ceive that he remembers himfelf fo well in all his teftimony,as in that particular. Being as'kd whether the Commiffion was agreed upon,he faid it was not agreed upon by the company; and herein he did me more right then any man,for he gave my reafon > for ffays he) the reafon given was,becaufe private per/ons could not give a commiffion. And though he hath done me more wrong then any man,yet herein he hath done me more right then any man. Being further zs]^d t Was it not debated to fend a Commiffion over? Draftf, he hid, read a paper in the nature of a Commiffion 5 but it was not agreed upon by the comp any, becaufe private per- fons could do nofuch thing. And a third time he fayes, The Commiffion and Inflruclions were read in a com- pany at Mr. Loves houfe; (that he affirms, and that J do not deny) but not agreed upon. And further he faid, he did conceive ,to the beflofbU remembrance , it was in the name of the Presbyterian party of Englwd 5 but (fays he) J cannot positively fay it was fo, for 1 did but only hear it read. Then your Lordmip askd him thfs que&ion 3 Vidyou fay t tbat the Commifjionwas not agreed upon, butthattbe In fir unions were? TothisCap. Far faid,that Will.Vrak? undercook to draw up the Commiffion and Jnftrudions 3 but yet/ays hi } l can- not (ay >tbat they were either drawn up or fent. Again, he fays further (and hereinheedoth me more right then Adams or Alford doth) Adams, he fayes it was not agreed upon > yet he faith thus , There was a Commiffion read for to treat , and fo fayes tAlford > But this man fayes diredly , that this fuppofedcommifsion was not to treat in the behalf of the Presbiterian party. And it had been a folly for private men to afiume fuch a vain title to themfelves : fo that he fays diredly, upon your Lord&ips queftion tohim,thatit was nottotreat,butto advife the Scotch commiffioners,and the Minifters efpe- cialIy,to agree with the King upon the intereft of Religion and terms of the covenant ; but being ask'd, Was ic not in the behalf of the Presbyterian party. He anfwered no, Being further askr; Was there not an Agreement at M.Loves houfe for a letter to be fent to the <^een?Herein alfo this man doth me right:he faid no my Lord; & yet he contradids himfelf likewife.for being askt in the next queftion,what was the fub- ftance of that letter to cheQueen.-'he anfwered the fubftance of the.letter to theQueen was,that (lie mould perfwadethe King to give fatisfadion to the Scots in their juft demands.-noweicberhemuit heacof this letter fomwhere elle,or elfe frame a fixion to himfelf,that this was the matter of the lecte r,when there was no fuch letter in rerum natura; The next thing he charges me with is,that I Ihould fay ic was agreed that mony mould beeraifedfor Maffy 8c TitusiSc he names the fum^he thinks 150 or ^ool.And that Ither- upon mould particularly move him with this queftion, C. Far, What wil you do ? Now I befeecb your Lordmip & the Court to confider,that he doth not Lwear that I faid,n>e were agreed;bm it was agreed, & that might be the ad of other men,& not mine:and in an other place,he faid they agreedjbut he doth not fay, That J faid, Wee agreed, :o include my felfejbuc to that ,that J Ihould move him and fay, C.^.What wil you do? Truly this is but agenerallaueftbn,and he himfelf did me thus far right;Whcn I had leave from the Court to propound th ; s Queftion to him,Capuin Far,P/i I move you, or fay toyou 3 What mony will you give for Maffey or Titus ? He anfwertd,hc did conceive it was for that ufe • So thac he proves not againft me, that I moved for money for Maffey or Titus ; but onely that I mould fay, Captain Far, What will you do ? and if you obferve the words of the teftimonie, tbey are tbefe exadly. Hetels you that he brought five pounds 5 for there is all that ever I am charged with: I am not charged K wiib 66 Mafter Love's Defence. with lending a penny, but onely that fifteen pounds was brought to my houfc j ten pounds by Totter and five pounds by this man : And be affirms that he left this five pounds at my houfe j and herein 1 perceive a contradi&tonin the man, and therefore it is bard to determine when be fpeaks true, or when he fpeaks falfe : Thefe are his very words > Mr. Love (Tayes he) as^d me what I would do ? And I did by down five pounds upon Mr. Loves Table when (everall perfons were in the room. And being asked, Did Mr Love receive this money f he faid be could not tell ; but was loth to tell, who he thought received it > but in his laftword fave one that he fpake in Court (which made much for my advan- tage,) he faid, he thought I did not receive it ; and God is my record, I did not: but be faid, ano- her man did, and named Captain Majfey. But the contradiction I obfervt is this 5 He tels you, he faid down five pounds when feverall pevfons were in the room : and in the nexc oueftion but one, be- 'ing ask'd, Was Mr. Love in the room e Yes, My Lord, fayes he 5 but I cannot lay any body elfe was there. Sothat therein the man evidently contradi&s bimfclf : and it appears he was under a 1 ery great fear, and even confounded by the many queftions propounded to him. I asVd bim further, Did 1 bid you lay it down 1 Sayes he; J cannot fay that you bid me lay down the money. Being ask'd, Was this way of laying down of money to prevent difcovety / He faid, he did it under that" no- tion .- But being ask'd by me, Did 2 bidyou hy it down under that notion ? He aafwered, he would not fay I did. So that I neither directly nor indirectly did bid him bring money to my houfe, or lay it down when it was brought there 3 but other perlons were in the room, and he conceives what perfon took it away: therefore I befeech you make a candid and fair interpretation of what I have faid or done. Being ask'd about thecopieof the Kings letter, that Alfordkyzs he Brought over from Titus, whether I was in the room whileft ir was read? he faid, I cannot fay that be was there when it was read: but he was there during fomepart of the communication; 6ut fayes he, 1 cannot /ay he wot thereat the reading of the Letter, Nor can I fay be was prefent while ft the Narrative wm read. He obferved I was often called away, and was abfem > and fayes bee, / cannot fay there was any fuch thing done by Mr. Love. And I ask'd him this queftion, Did I (end, or agree to fend Major Alford toCalicei Heeanfwers, bethinks I did not 5 and herein he falfificch his former Teftimony > for he faid Major Alford was defired in my houfe to go to Calice ; And yet Alford fwore he never was in my houfe till after he came from thence. #ut herein he doth me right too (though with contra- diction tohimfelf.) He faid, ic was agreed at my houfe that tAlford mould go j and yet now he fayes be thinks I did not agree to the fending of Alford, Being asked further, Whether did I giveconfent to the fending away the Coramiffion? he an- fwered, I cannot fay Mr. hoy twos there when ttwasfent away. And truly I may fay, who brought it away, or who drew it up, and what was done in it, I cannot tell 5 there might be a tboufand Trea- fons in it for ought I know, for I did neither own the reading of it,nor the fending of ic £ but did utter- ly proteft againft both Being again ask'd, whether J agreed to the fending of it away? he anfwered, It was agreed-upon by all, Thn me could not fend the Commijfion away. When J ask'd him, Did ] fay to you, Captain Far, Will you contribute five pounds for Maffey and Titm I he gave this anfwer ', (fays be) Tou as%d me what 1 would do ? fo that J conceived it was for MafTey and Titus ; And he affirms, belaid this five pounds down in my houfe; bun did not fay that ] received it : and in the prefence of God J fpeak it, J never faw it nor, received it in all my life. And thus with much acknowledgment, and bleiTingGod, and thanking your Lordfliip and the Courr, you have given mee leave to take a brief furvey through the Depositions of the Witneflcs, though they have been very large, and the Charge againft me very high. Now having fpoken te the Depofitions ('before I mall crave leave to fpeak fomething coicerning my felf, and make humble Propofals to this Court,) I mall add but one word, and ic is this : I was loath, before I faw WitnefTcs face to face, to confeffe any thing : I deemM it againft nature for any to confeffe againft himfelf, unleffe he could be fure his confeiTion fhould not prejudice him ; and I might have been guilty of my own bloud, if I had con^ffed : for then, did the matter confefs'd amount to Treafon by your Law, my life would be at your mercy, and you might hang mee upon mine own confeffion : and upon that ground I went refolved tc the Committee, and through the grace of God I refolved not there confeffe a word nor tittle, till I heard what proof was brought in againft me. And now I do ingenuoufly acknowled^, That there were feyeraU Meetings at my houfe, That thefe perfonf met there, and that this CommiflTion was read there : but I did utterly diflike it, and diflcnt from it/ And- Maffcr Love's Defence. 6y And that I was prefent at the reading of LetterSjeither at the beginning, or end, or fome part of them, I do acknowledg : And this I fay, that I was ignorant of the danger that now / fee I am in. The Actofthe (cconi of A ugujt 1650, doth make it Treafon to hold any correfpondencie, or to fend Let- ters, though but in a way of commerce, into Scotland 5 let the matter of them be what it will be : Now herein my Cooncel acquaints me with my danger, that I being fometimes prefent when Letters were read in my houfe, am guilty of a concealment : and as to that / do humbly lay my felf at your feet andmercie. But as to T"reafon, 1 do not know any perfonall ad of mine proved againft me, that brings me under any Aft of yours. And thus having briefly fpoken concerning the Charge in gene» rail, and concerning my accufers, and having briefly furveyed their Teftimony, I (hall humbly crave leave to fpeak fomething concerning my felf, andllhall be very brief in it. Concerning my felf, it is need full I ihouid fpeak a word : I would not ftand under mifreprefen- tations, tofeemto bewhatlam not. lam prefented untofome, asif I were aMaJignant, anApo- ftate from my firft principles, a mover of fcdition 5 3nd what not bucwhatl am ? Wherefore i am conftrained to fpeak a word in my own vindication J and I mall make the Apoftles apolo^ie, / am become a fool in glorying : but ye have compelled nte. 1 count it never lawfull for a mans own mouth to praifehim, till another mans mouth accufes him 5 and then he may without vanity be his own vin- dicator. What I (hall fay of my felf, the Lord knows it is not voluntarily, out of an aft! fled often- tation, but by compulfion, for a neceifary and eleer manifefhtion of my Principles and Piactices new fufpected. As touching Malignity, I hate both Name and Thing: and, as Cardinal Famc/ui faid of himfelf profanely, That if he knew any part of him infected with Lutheraniim, he wouiu cue it off, andcaftit into the fire: That I can fay truly, That if I knew any part of mee infected with Malignity, I would cut it off with the pruning hook of mortification,and by an ingenuous retractation before you all this day. God is my witnefle, I never drove a Malignant Defigne, I never carried on a Malignant intereft, Ideteftbotbj I 0: ill retain my old Covenanting principles, from which through the grace of God I will never depart for any terrour or perfwafion wbatfoever. When I look upon all the Vows, and Covenants, and Declarations, and Proteftations of both Houfes of Parliament, I do finde a futablenefTe between my judgment and them, and am not confeious to myfelfeof any thing that I have done in oppofition or contradiction thereunto: And therefore J may fay as tfcremy did when he was accufed in the like cafe, of making defection to a contrary patty, tferem. $7. 1 3 ,14. Irijabfaidto tferemiab, Tbou falleft away to the Cddeans : Then {aid tferemiab, It Ufalfe, I fall not away to tbeCaldeans, So, if it be charged upon mee, that J am fallen from my firft Principles, or that J am fallen to Malignity 5 J fay to any that (hall fo accufe me, Jt is falfe, J fail not away to Malignitie, J do retain as great a keennefs, and (hall whileft J live, andasftrong an oppofition againft a Malignant intereft, whether in Scotland, or in England, or in any part of the world, againft the Nation where J live, and have to this day, as ever J did in former times. J am nojncendiary or evil! Jnftrument* to divide the Nations one from another.. God knows, the grief of my heart hath been for the divifions, andthe defireof my foul hath been for the union of both the Nations : and if J had as many lives as J have hairs on my head, or as much bloud in my veins as there is water in thefea, J could count it all well fpent to quench the burning that our fins have kindUd between the two Nations. J have all along engaged my eftate and life in the Parlia- ments Quarrel againft the Forces raifed by the King: My appearing in their caufe was not from any aim at profit, bu: out of a perfwafion of confidence, and fenfe of duty. J may fpeak it as Paul doth it of himfelf, I was in labours more tbtntbey all. J fpeak it without vanity, J was, according w> my obfeure ftation and mean condition, in doing and giving in the Parliaments Quarrel!, more then many. Many gave out of their abundance, but J out of my want : and as Cbrift fpake to the widow who gave two mites, that jhe gave moretben tbey all\ for jhe gave all tbat Jhe bad, even all berliving: So did J 5 though J gave my mite, yet J gave my all : And J did not only deem it my duty to preach for the lawfulneiTeofaDefen five war, but,unieffe my Books and wearing apparel, J contributed all that J had in the world 5 and that was no fmall mmm, considering themeanneffe of my conditi- on. And J have at this day a great fumm due to mee from the State, which is ftill kept from me, and now my life endeavoured to be taken from mee. And yet for all this, J repent not of what J have done 5 though Jcould from my foul wifh, That the ends of that juft War had been better ac- eomplifhed : then mould We have been happy and united among our felves, and honoured among the Nations round about us. J am fo far Q fay) from repenting of what J have done , both by do- lt 2, ing 6% Mafter Love/ Defence. ing and contributing,and fuffering in the Parliaments Quarrcll. That were it to do again upon the fame unqueftionable Authority tor the fame declared ends, and againft the fame Malignant perfons, I fhould manifeft as much rcadincfle of mind to engage according to my meafurc, as ever I did. And thus I have declared my felfe touching my Principles, in thefe particulars > I (hall now crave leave to ex pre fie my felfe a little touching my fuftaings j and then to make but a few humble Propc- fals, and fo caft my life into Gods hands and yours. Touching my fuftcrings $ I may lay, that my whole life hath been a time of affliction, either of body or mind, God fees my heart to be a tuffe and knotty piece, that it needs fo many blows to break ir ; I may fay with the Pfalmift, I hive been afflicted from my youth up, and from my youth up I have met with oppofuion. From the Prelates, being perfecnted by them, meerly for conlcience fakes it is near twenty years fince I was cited to the BifrSops Courts 5 I have been often troubled for bearing of Sermons, and difcharging other ex - ercifes of Religion, which were an offence in thofedayes : When I was a Scholer in Oxon and Mailer of Arts (I do not fpeak it oat of vaine oftentation,. but meerly to reprefent unto you, that what I was, lam, and what Jam, ; J was) J was the firft Scholer that J know of, or ever heard of in Oxon, who did publickly refufe in the Congregation Houfe to fubl'cribe unto thofe impoiitions, or Cannons impofed by the Arcb-Bifhop touching the Prelates and Common Prayer. And for which, though they would not deny me my degree, yet I was expelled the Congregation Houfe,never to fit as a Member among them. When J came firft to London, which is about twelve years fince J was oppofed by the B. of London - y and though J was called as a Lecturer to Ann Alder fgate, yet it was near three years before J could fallen upon any Ledure. After this, about the year id4©,or i^4 I Jwa8imprifonedin New-Caftlc,meedy forexprefling my felf againft the errors of the Service- Book, and was removed from prifon there, by a Habeas CorpiMy'o this place: And in this Courtof Kings BenchJ was acquitted. After this,aboutthe beginning of the Wats between the late King and the Parliament, J was the firft Minifter tbat J know of in England, who was accufed for preaching of Treafonand Rebellion, meerly for maintaining in a Sermon in l^ent at Tenterden, the lawfulneffeof adefenfive war, at the firft breaking out and irruption of ourTrrubfes 5 but was then publikely ac- quitted in a Court there, and recovered colts and damages of my Accufer. After this J had a little breathing time, whilft the two Houfes of Parliament were in powerj only J was once complained a- ainft by the Kings Commiflioners at Vxbridge for preaching a Sermon there , J did not know that fhould preach there till the Pfalm was fung , and did only preach a Sermon which J had preached the day t>efore at Windfor Caftle -> J was, J fay, complained of by the Kings Commifsionersto the Houfe, for that Sermon 5 but within three weeks J was acquitted and difcharged, by order of the Houfe of Commons. That Sermon is much fpoken of becaufe it is fo little feen, it is Co obfeure a piece, and many imagine, as if the keenefle of my affedion was blunted from what it was in that Sermon : But J declare unto you,that J come up to this day to every tittle of that Sermon : J hear it is lately printed, and if it be printed according to the firft copy, J will own every line of it, as that to which my heart and judgement concurs to this very day. After all this, fince the late change of Government, J have been three times in trouble 5 J was once committed to cuftody by, and twice cited before the Com- mittee of Plundred Minifters, but there was no fufficient proof againft me, and fo J was dif- charged. But nowlaft ofall,this great and laft tryal and trouble is come upon me ; J have been kept feverall weeks in clofe Prifon, and now J am arraigned for my life j. herein is my great comfort, even tbat Cor 1* 10 wmcn was the Apoftles, God that bath delivered me 3 be doth deliver me, inwhom I truji i h < 1*0 ' ^ At ^xoilljet deliver we. And that tha: (hall be made good to me 5 He jbxU deliver thee in CT° J* 9* fix troubles^ yea in (even there fhall no evill touch thee. As Cato,be was accufed thirty two times by the unkind State whom he faithfully (erved, and yet after thirty two times accufation, bis innocency and uprightneffe brought him off. Why mould not I be confident in my God, who have had a life time of experience of bis care and love towards me. It is not the danger of my life troubles me , lama fickly man, and I know a difeafe will ear long kill me, whatever you do with me 5 buc this grieves me more; Tbat I mould fuffa- from their hands for whom I have done and fuffered io muck in my obfeure ftarion , and according to my weak meafure 5 had it been an Enemy bad dealt thus by me, and made fucn an eager profecution of me , 3nd fuch high aggravations of that which in the fim- plicity of my heart I have done, it had not been fomucb, and as I told the Committee when I was exami- i Mafier LoveV Defence. 69 examined by them (who charged me with Jefuifmc and non-ingenuity, becaufe I would not con- fefleagainit ray fclfe and otheis) that though I honoured them as private Gentlemen, and ihould acquaint them with what my feU had done,'when it Ihould not be a fnare" to me> but when they fliall apprehend mebya warrant for Treafon, and examine me in order toatriall for my life, In no Judicature in the world, will I confeffe a word, till I firft hear what will come in againft me. New as 1 told them then , I never wrote letrcr, nor received letter s nor tent, orient mony to any ptr- fon of the Scotilh Nation. Now that I Ihouid meet with this bard mealure s tohave themoft ridgid and fevere interpretation put upon all my aftions, to be look'd upon with io jealous ( I mi^ht lay with a worfer) eye, that have in my meafure ventured my all, in the fame quarrell that you were in- gaged in, and lifted up my hands in the fame Covenant,that have tookfweet €ounfell together, and walk'd in fellowship one" with another^ That from thefe I mould have fuch hard meaiure, This, this troubles me greatly 3 had I been fo dealt withallat the Jundo at Oxon,I mould not have been fo troubled at it $ but to be dealt fo with at Weftminfter,this is that at wfcich I ftand amazed : yet blef- fed be God,I am not affraid; My Confcience doth not tell me of any peifonal Ad of mine proved againft me that brings me under any of your laws as to Treafon- And thus having expreft my felf,coocerning my cbarge,and the witnefies,and my felf. I fliall now in the dofe of all fay (what ever tortured collections, or inferences, aredrawnfrom mypradifes, andhowever Lawyersmay aggravate thofe things that in part have been proved againit me } yet I do declare intbepre- fenceofGod, that what ever I have done, in the fimplicity and integrity of my heart, I have done its and did deem it'td be confonant and agreeable, both to my confcience, and to the Proteftations, and Covenant I have taken :and I have done nothing out of animofity or from a fpirit of revenge 3 and thus J have done concerning my felf. J have only a few bumble propofalls to make to your Lord- fhip, and the Court, and then J fliall leave all to Gods determination and yours. To you that are my Judges, J humbly crave this of you, and J do it upon your Lordfliips words, the fir ft day of my ap- pearance here. When you were pleafed to deny me Counfell, youfaid you would be Counfell for me 3 and J befeech you be fo, for you are Judges both of matter 01 law, and matter of fad. J may make ufe of that paffage, Proverbs 31. S.Solomon fays there, that rulers mujl open tbeir mouthes for the dumb, in tbecaufe of all fuch as art appointed for deftruSfion. Truly, My Lord, ] am as a dumb man before you 3 dumb in matters of LawJ cannot plead one word for my felf; J befeech you be as Solomons Rulers were, and open your mouths for him that is appointed to deftrudion 3 you who are my Judges, be my Advocates,my life lies in your hands. And then J befeech you let me make this humble motion to you, That you would not count any thing that ) have done to be out of ani- mofity, or ftoutnefife of Spirit; Truly, nothing but Confcience could carry me through all my fuf- feringss I could not leave fuch dear relations that God bath given me, and fuch a loving people, and comfortable livelihood's any Mini fter hath within the walls of London; Nothing but convidion of confcience,can carry me another way ; And till Confcience be fully fatisfied, J cannot ftir one ftep. The next thing J beg is to befeech your Lordftiip and the Court,to put a candid and fair interpreta- tion upon all that Jhavedone,oithat by witnefs you have heard jtbat it was no Malignant defign,thougb I,do not own the management of any defign ; J never writ letrer,nor fent lecter to any of the Scotifh na- tions yet thus far J own the thing, that it was agieeable to my judgemenrand Confcience ; For J thought theinterefl of God, and Religion,and the good of the Nation would be more advanced, if the King went into Scotland upon Covenant terms , then if he fliould fall into the hands af the Jrifli rebdlsjor offer this Nation to the Turk,or Spanyard,or any other to come in and make a prey of it. J did Judg it would beafoun^aricn laid of great troubles and blood, ii he were not received by that nation. And though I did not, and do not in the leaft own either the Commifllon or 1 nfti udions, or the way ©fmanigemenr of tint Sufinefle, yet 1 confefle the agreement between the King and Scots I defired, and deemed it my duty upon this ground, one daufe of the Covenant being, toleek the union and good of both Nations j and thole who endeavour the contrary are declared by the Covenant to be In- cendaries, Muli^nants, and EvilllnftrumentSjWbo not only divide the Kingdoms one from another, but divide the King from his people. Now they declaring him to be their King, according to my apprehenlion I thought it agreeable to my Covenant, to pray and defire,as a private maD 3 and no more, for an agree men. between the King and tbem,upjntbdfe terms confiflent with tbefafety of Religion, and the terms of the Covenant. And thus I have opened my heart to you. The favourable interpretation I humbly beg of you 70 Mtlttr Love * Defence. you is this, That things might not be taken in the wot ft fenfc : '2{on efl rtm,nift mens fit rea : He is not guilty, unlcfle the mind be guihy, I heard your Lord-fliip lay To at Guild-KzW, as I remember. The Lojd knows in the uprightnLfle of my heart, I have done, what I have done. ItisaMaxime in the Law (I have read it in Divinity books,) Ampliandi funt favores, et in panis benignior interpretatio fuienda> Favours are to be amp!ifyed;md enlarged by Magiftratesj but in puniihments.the molt benigne and favourable interpretations muft be made. Now of my Adions the harllieft interpre- tations are made j I have a Charge laidagainft me, which I deem (and as my Councell telsme) fo be rather a flourilli in Law , then reality of matter.. I itood amazed when I heard the charge againft me, I thought it bad rather been againft fome other man then againft me. As if I Ihould fend to the Queen, Piercy zndfermin: herein 1 did r3tber venture my life upon a Try all, then to Ire under alt that Obloquie,whicb that charge did lay upon me. Therefore I again befcech you put a fair and candid interpretation upon what is proved againft me. I remember a phrafe, Summumjut efl fumma injuria, to be over juft, is to be injurious. Be not o- ver righteous, may refer to Courts of Judicatory. Herein I acknowledge, that my not revealing what my accufers have done, this layeth me under the fault of a concealment, for which I lay my Lelfc at your feet. The next humble requeft I have to make, is this, To intreatyour Lordlhip and the Court, that you would not hearken to any politick fuggeftions, that may be laid before you : I know under what difadvantagc I lye, that am the firft Minifter in Englandtrytd for Treafon, in a bulinefle of this na- ture, and what a prejudice this is to me.to make an example upon. The firft Suggeftion that I humble intrcatycu would not hear ken to, is j That it will not be for the honour and intereft of the State, if I be notcondemned 5 Truly it is for the honour of the State for you todo Juftice, If you have found, that I ever writ letter , orfent, or received letter, orient money j ifinthefe regards you have found me within your Ads, fpare me not: But iflhavebeen onely prefent at the reading of letters, and have been blent ac what others have done j therein 1 lay my felfe at your mercy, to (hew me favour. It was a fuggeftion to Tilate, If thou fpirefl that nun, thou art no friend to Cafar $ and fo if you do not condemn me, you are no friends to thofc who commiflio- nate you ; but be friends to your felves and families, and take heed that you bring not guiltleffe blood upon you. And here (and fo I mail have done) in the clofe of all,I do acknowledge, that in many particulars 5 , as touching not revealing (I fay not as to perfonall adings, nor do any prove it againft me) I do fall within your ads, as to the cenfure of a concealment s and herein I humbly beg your mercy. And however J may be judged to be a man of a turbulent and unquiet fpirit, ; yet thofe that know me in my relations, will not fay fo of me > and my people, over whom God hath called me (J think) will fay, Jam a man who defireth to live quietly in the Land: But however my fpirit and principles are queftioned, yet J refolvc by the grace of God to lead for the future a quiet and peace- a ble life, in all god lineiTe and honefty. J have but one word more to clofe all J have to (ay for my felf (for J have made no plea in La w 5 in thofe matters J am as a dumb man, and cannot open my mouth) and 'tis this, The Charge and Depositions lie before you, and J will but lay this before you alfo, that if fo be my fad fltould de- ferve death, which J beleeve it doth not> and J hope you cannot finde me under your own Ads as to Treafon > yetifyou do cenfure me rather upon a politicall intereft, then from the merit of the fad, the Scripture accounts not that Juftice, but Murder, $ebu put to death Ahabs fons, and that by the command of God 5 but he did it upon a politicall intereft, to eftablith himfelf in his new gotten Go- vernment : and when God reckons for this, hefayes, 1 will Avenge the blood of fe\reel upon the boufe of'febu. To do any thing upon a politicall intereft, though the fad may deferve death, the Scripture counts this Murder, not Juftice. And I befeech you, let me fuggeft one thing to you> though J am a worm and no man, and deferve not to be regarded amongft the children of men > yet what I have done and fuftered, let it be a little thought on by you ; And let mee urge that of Abiathar the Prieft, be did an ad that was not juftifi- able, and faith Solomon, Tbouart worthy of death 5 but I willnot at tbii time put thee to death , lecaufe thou birefl the At\ of the Lord god before David my father, and beexufe tbou bafl been affliftcd in all wherein my The At.Gcn.p-eftm Reply to M % Love s Defence. 7 1 mj father vfiOtafflifted. 1 leave it to your own consciences to make application. Many things elle might be lu£gcftcd againft me, and all to cxafperacc and cxulcerate your minds againft me, tomake you withlefl'c tcga-t of confrience to pafTeadolefull Sentence upon me > which J hop: you cannot, and for the fear o( the Lord you dare not: but if you fhould, ('and fo J have done) J will fay to you, as Jeremiah did to the Rulers of I (rati. As for me, behold I am in your hinds, do with me as fecmethgood and meet untojou : but l^novpyee for certain, that if yc put mc to death, ycjhill turcly bring innocent blood upon your f elves : But J will fay as the Apoftledid, I hope better things of you, though 1 thus [peak.* And tDUS J commit my fclf, and my all, unto God and to your judgments and conlctences. M.Attourney.Generall's prefent T^ply to M. Loves Defence. M Attoum Gtn.\JCi Lord, you have heard him fay much, and it had been much better for him if be had faidlefs. My Lord, when men go out of the way of their own calling,they very often erre J and truly I may attribute much of lA-Loves confidence to his ignorance, My Lord, to his ignorance of the Law 5 and when men meddle beyond their own bounds, they doe tranfgrefs. MXove hath made you a continued Speech 5 My Lord, I dofindethe old Proverb commonly true, In multitude cf words there wtntetb not evill : And mould I fay nothing againft M.Love, my Lord, he hath faid enough againft himfelf, in that that he hath now repeated even to his own condemnation in that which he acknowledged, my Lord, (I cannot fay ingenuoufly , though himfelf hath laid [o\ to be rather a mifprifion of Treafon and a concealment. My Lord, ads of concealment are not fo long continued, they have not fo long continuance : And my Lord, you very well know (for the fatisfa- dion of the Gentleman at prefent, and fome elfe that hear me ) that he that heares a Treafon, (for I do go now a little in his own way) he that hears a Treafon,mutt not look back before he go to the Ma- giftrate and reveal it, and if he be at the Plough, he mutt leave his Plough 5 if this Gentleman were in his Pulpit he muft leave his preaching, he that knowes a Treafon, muft go prefently and reveal it > there muft be no repetition of Treafon, My Lord,M.Love: my Lord, will be miftaken in that. But truly, my Lord, I was very forry, conlidering the condition M.Love now ftands in, to hear thofe ex- prelnons from him that he hath made to you in relation to the paft and prefent Authority 5 my Lord 5 1 am not willing to repeat them, M-Lov* muft hear of it another time 5 truly, my Lord, here is little of ingenuity (all men will believe) in this Gentleman, that hath now laid it for a principle to himfelf, and all that lhall hear him (and I think it not to be foChriftian, fo ingenious,) not to confe Cs anything any time jbut that is ingenuity that what is proved ,that be wil confefs,and that is a high piece of ingenu- ity ,that thofe things that are proved he wil ingenuoufly acknowledge $l,my Lord,I do not take that to be ingenuity neither in my Law, nor I believe in bis Divinity wil it be.My Lord,there hath been a great deal of care and pains taken by M.Love to take in pieces the evidence, I (hall not undertake now to joyn them togerher, but in convenient time I mail, I doubt not, for the fatisfadion cfthe Court, and their judgements, who I muft fay, have been threatned by the Gentleman 5 and my Lord, 1 hope for the conviction of himfelf. My Lord,he knowes there are (hrewd pieces againft him that he hath acknowledged > but he would take them off one by one, but when they are put together, they will not be fingle evidence, nor Angle teftimony, nor (ingle fads, but a continued reiteration and repetition of Treafon, a continued and Series of time. My Lord you are pleafed to obferve that himfelf doth appear from 1648, to 165 1. fo that in 1648. 16*40. i6fo. and 1651. in all thefe years my Lord, there bath been this conftant repetition and tranfading of Treafon. My Lord, I learn from him, and 'tis very true,— It is not good dallying with holy things,nor is it with States and Common-wealths, it is very bad dallying with them, thofe that flutter there will burn their wings at laft 5 and it is not Quirks of wit, nor (trains of fenfe or non-fenfe , will, my Lord, clear thefe things, it wsllnotdoir,my Lord. My Lord, he bath defiredyou will not hearken to private examinations, my Lord, I have faid fo too, and there hath more been offered to you 5 but that which hath been publike and vivz voce, all have been fo. But furely, my Lord, I could wi& this Gentleman, and all others of his profeflion, would meddle in their own Sphere, and not to walk out of that to come and teach Courts what they (hould do, to teach the Magiftrate what is his duty. My Lord, Idohardlythinkit belongs to them evei in the Pulpit to do thofe things: But to tell us we muft not examine before-hand, and ask queftions in private* My Lord, we cannot then be prepared for Fe- lons and Treafons ;. And-my Lord, J fay v thi$ confidence is much from his ignorance 5 for thefe things ar* 72 The At.Gen.his frcfem Reply to itf.LoveV Defence. are very familiar, and muft be continued to be done S fothat thefe things are not well broached by him, andldothinkhe will fay at laft he u?derftands not himfelf 5 andchofe (I hope) chit hear my Lord, will lay, I do not ufe k ; for, my Lord, 1 muft fay, it muft be otherwife in all well-governed Common- wealths. My Lord, be hath not denied, but acknowledged Meetings at his houfe more than once, twice or thrice; And truly, I did expeft from this Gentleman that he would noc have continued thole feaifull imprecations of calling God to wit^efs, that he did never write Letter, nor fend Letter nor lend money. I bad thought he would not have gone upon tbefe equivocations j Did be never move other men to write f Did he never move others to lend money ? It is not to fay, this, and this I have not done j but I had thought he would have cleared himfelf totally of any guilt that way, either in relation to receiving, or hearing Letters read, or lending, or receiving money, or movin* for mo- ney. My Lord, to put it upon a particular Cafe, this will not blinde the eyes of Juftice, but you will be able to fee it ; He is pleafed to fay, my Lord, he will not lay it to the badnefs of the WitneiTes con- iciences, but to the badnefs of their memories 5 my Lord, I hope in conclufion their memories will appear to be right, and fome bodies confeience elfe to be bad. And, my Lord, for to hear this faid by this Gentleman that is a Minifter of the Gofpell, tbatit is a crime for thefe men to acknowledge their offences, this is ftrangej I had thought the firft ftep to repentance had been confeflion , and that ic had been no offence for any man living that hath committed a fault, or that thought he had committed a. fault, to acknowledge it. In my Law and Divinity I thought it fo, and I haye not learned otherwife* and (hall this Gentleman take exceptions, becaufe thefe Gentlemen who have thought they have done amifs, have acknowledged their errors, and have craved mercy ? My Lord, I muft /ay thus, if any de- fer ve mercy, it is thofe that doe acknowledge their offences, and crave mercy, and are forry for them > & not thofe that are obftinate,& bid defiance to juftice.prove what you can,! wil confefs nothing,that is not fo confeiencious nor Chriftian a way; And for the' Witneffes,! do wonder that Mr.Lcw,of any man fhould find fault with themjl cannot fay they have taken fweet counfell together, but I fhrewdly fufpeft they have taken very bad counfel together j thefe Gentlemen are of his own choice, and of his ow» companions, and thofe that were converfant with him; and if you pleafe to obferve, at every word Will Prrf^me-thinks that is a word of familiarity > but my Lord, for thefe, they were his companions, and whether I might fay more, his houfhold friends or guefts, but fure they were in his houfe very often, and were private with him, and in his Chamber and Study, and to cover all thefe actions, and thefe treasonable praftifes, and Letters , and Defigns , here they muft come to hear news, and this muft cover ic all j they come for nothing but news, and our contributions muft be for charitable ufes , but you muft noc ask why or wherefore we lend money, but it is for charitable ufes 5 neither God nor man will be blinded in tbefe things, and if thefe fig-leaves be fown together, it will neither cover na- kednefs nor treafon. My Lord, M. Love hath faid, fand in.that given judgement againft himfelf) that either to treat or advife with the King of Scots in ScotUnd % he detefts them both ; My Lord , if he be guilty of both, then I hope, he doth deteft and renounce himfelf, and then I think, he hath laid your, judgement fomewhatj his own having paft firft, yours will eafily follow. My Lord, he confeffes, that for this aft of the 2. of Auguft, 1 6 jo. he was ignorant of ic, and of the danger of it. My Lord, he very well knowes that ignorance is noexcufc, the Aft is a publike Aft, and hath been long printed, now ten monetbs fince, himfelf faith ; And yet me-thinks I cannot reconcile that, ('that be that goes to make others differ,) that he knew not of chis Aft, and yet Sterns the Scotch Agent was banifh'd upon this Aft, and there was a contribution for him for his going away; the fame Aft that doth the one doth the other. My Lord, he hath beer, pleafed to cite a faying of Cardinall Farnefus, That if bclyitw anyptrt of him infeSted with Lmbcrtuifm, he would cut it off, and throw it into tbzfiw and fo can be ("peak truly of himfelf, he woalddoif he knew any thing of Malignancy by himfelf. My Lord, the qucfti- on between him, and us is } what is Malignancy, I doubt we ditfer in that, I doubt bis [enfe of Malignincy j I am fure by fome words I fhrewdly ghefs at, that I count that maiignitie , and I hope all this Court, and all that hear me count that malignity, that I doubt his judgement leads him not to it, fo I doubt we differ upon that- My Lord, he hath faid he was never an Incendi ary, or evill inftrument; I wifli there were not caufe for you to think otherwife; But furely the Gentleman hath made large imprecations, and hath fpoken much for himfelf; but (I believe) he knowes there is fo much juftice here, that he expefts not to bee believed in what he fayes. If it were enough to accufe, who mould be innocent ? And if it were e- nougfc to deny, who (ho aid be guilty ? he doth no: expeft to be believed for his word artxwly ; fox now to Matter Love's Defence. y+ now he knowes he ftands in another capacity, and as things are ailedged and proved on both fides, Co he is to be believed andnoocherwife. My Lord, be hatb been pleafed to reflect upon my felf in many particulars, yea and the Court knowes in what a capacity Z ftand here, as a lervanc to the State to doe my duty faithfully, and J muft doe it, and yet I muft fay, it doth not become me to prompt Witneiils; that word, my Lord, was not well fpoken. He is plcafcd to fay in the commendation of himfelf, that he hath a place in London where he hath a very good Congregation , and a very good competency of maintenance, and J heartily wilh he had thought fo really, and had kept bimfclt fingiy to that 5 J do not think he will fay that in the duty of his place, as a Minifter of the Word, to preach, to inftruct, to exhort, rebuke, reprove his people, or any under his charge, that ever the State did interpofe or med- dle with him, neither the Parliament nor the Common-wealth j then for Gods love, my Lord, why fhould this man interpofe or meddle with the State ? Had you not enough to doe in your own cal- ling ? Had you not charge enough lying upon you, but muft you be going abroad, and put your fickle into another mans harveft ? I will fay, the Statedid never trouble the Gentleman in his dury , be did go on with as much peace and quietnefs as himfelf could defire, we interrupted not him, lee him refod upon himfelf, whether others have dealt fo kindely with him 5 when had he that liberty thac now he hath had ? You may be pleafed to obferve, himfelf faies twelve years ago he could not in three years in Lflwfoflgetanadmiflion to be a Lecturer, and when he fpoke in the Congregation-houfe at Oxford, he was expulfed there J he hath had no fuch meafure here: doth kindnefs provoke him to thefe things? thofe that fin againft kindnefs are the higheft TranfgrefTors. What provocation hath this Gen- tleman had in his Minifter y, that he could not follow thar,and have let the Failiament and State alone? Doth he not receive breath here to livej and his livelihood to fuftain himfelf and bis relations ? Why mould you interpofe to difquiet your felf and the Common-wealth when they did not provoke you^ And let all judge whether this fhould not convince you j and let me fay thus much, that y°u have deak foolifhly, and have gone beyond your bounds, and have not kept within yowr-timks'tn what you have done in thefe things that you have acknowledged. My Lord,I fpeak this,that thofe may hear nowthat may not hear tbe other 5 for that which M. Love hath faid,we muft have fome time to recoiled, and to fpeak in the vindication of the proceedings of the State againft this Gentleman, which though I think it needs not much, in refped of the Court that hath heard him fay fo much and confefs fo much as he hath done , yet for the lenitie of the State, that hath moved them to take care of their own prefervation: And I would not do it but that he hath flood upon all terms of defiance with juftice and majefty, and you have beard fiom a fellow Minifter what he did thelaft day, and the principles he urgetb this day, which let me repeat again, there will be no living in fociety, if tbefe things be let alone. My Lord, it is much insinuated by him, that his blood will be up- on you and the Court, J would he had thought upon blood before thefe things had been fo tranfaded By himfelf, I am afraid ('between God and his own confcicnce be it, arid thofe that have had ccrrefpon- dency with himj that much of this blood that hath been fpilt in Scotland ^ih been much by their means; you hear hi.n fay, that what was defired by them (and in order to what it wasj was, that the King of Scots might joyn with the Scottifli Nation, and not go to Ireland, that was his confcicnce: I do not know,his ■confidence led him to meddle with thofe things, to meddle with State- affairs. But my Lord, if it be fo, and this hath been brought on by them,that one hath incouraged the King to joyn with the Scots , and the other hath incouraged the Stow to joyn with the King by hopes of parties here, which he himfelf ac- knowledged now, was undertook in the name of a Presbyterian party, though I think and do believe ir, for very many honeft Presbyterians, that they would fpit in his face if he fhouid fay it of them 5 but I fay thefe doings hath occafioned the Ihedding of much b'ood, and a great deal of variance between the two Nations, and the Lord knowes when it will end. But my Lord, as be concluded for himfelf, you will be pleafed, my Lord,to give me leave (though not in that way of conjuracion as he hath done^to fay for the State, I ihall not prevent your judgements 3 but it is better thit on: man, thana State Ihould perifh. And if this man be guilty of the Treafons proved againft him, I believe himfelf will judge, he had bet- ter periih and fufftr death, than the State mould perifh. All thefe adings of his have been underminings ofthe State cleanthrough, carried on very clofrly and covertly in difgutfes, and not difcovcred 5 but be that dances in a net will be catch't trapping at iaft. My Lord, before you give your judgment, you wil confider that juftice to the Common-wealth So my Lord,I have added what my bad memory (J hope not b;d confeience) hath repeated to me, as might give fome anfwer to what he hath faii : but fince he hath b^en pleafed toukefuch pains to run L throuih 74 The At.Gen.frefent Re fly to M. Loves Defence. through all and every one of the evidence fo cxadly, and hath had three dayes given him for it: my Lord , I (hall ask but one for my felf , and for thofe that are the Councell of the Common-wealth. My Lord, this is all I (hall fay at prefene to you, and fhall fay no more tUlnert meeting. Judge Keeble The Lord PrcfUent fpea^s after the Attourncy-qencrall : the very beginning of bis Speech wm not beard, be beginning very (oftlj. L. Pnf. Btit again in this point, for the Presbyterian Government, if it be rectified, doubtlefs it tends to the peace of this Nation, and all places, but not with a Scotch limitation, I deny that jnor li- mited by a Scotch Covenant. The next thing is this, becaufe you often fall upon diftindions of the Law, and that you areig- noram of the Law s the more to blame you, that profefs the learning of the Law of God 5 for there is no Law in England, but is as really and truly the Law of God as any Scripture-phrafe that is by confequence from the very Texts of Scripture j for there are very many conferences reafoned out of the Texts of Scripture; foisthe Law of England the very confequence of the very Decalogue it felf, and whatfoever is not confonant to Scripture in the Law of England,is net the Law of Eng- land [, the very books and learning of the Law; whatfoever is not confonant to the Law of God in Scripture, or to right reafon which is maintained by Scriptures whatfoever is in England, be it Ads of Parliament, Cuftomes, or any Judiciall Ads of the Court, it is not the Law of England, but the er- rour of the party which did pronounce it, and you or any man elfe at Bar may fo plead it j and there, fore to profefs you are knowing in the Laws of God, and yet to be ignorant of the Lawes of England^ when yet the Lawes of England be fo purely the Lawes of God, as no Law in the world more pradi- callatthis day, for you to bejgnorant of them, it is not to your commendation, nor toany of your profefsion. ?***** fM~'£jr£**y **?£*. vmrty a ***+'& . Then Sir, for your going on in thefc wayes. The Court with patience bath heard you (I think) two hours, or thereabouts, and you have done nothing but anticipated the Court 5 What?do you think they have not understandings, and judgements, and confeiences ? They would have done it, they would have examined thefe WitneiTes precifely, and would have compared them , but you have ta- ken up all this time by way of anticipations and in a Rhethoricall way to do it ! let me tell you, that Orators among the Heathen have been the greatcft Incendiaries, and thofe Orators in Cbriften- dome that do not fet their judgements upon right ends, they are the moft unworthy men in Chriften- dome 3 forthereis no herefies, murders, traiterous and treasonable pradifes and attemptings , and all the higheft wickednefTcs that ever were committed in Chriftendome whatfoever, or in this Nation in particular, but they have had fome of thac profeflion that have called themfelves Minifters of Jefus Chrift, as the Jefuitsof Jefus, and the Prieftsof thofej and all thefe things and high adings have ftill had fometindure of your Coar in them ; Therefore it is not your Office can excufe youj your Office is facred, as other Chriftian Offices are, and you are no more Divines by your Offices but you are to remember, and you muft know, that Chriftian jufticethat you teach in the Pulpit, to ad it in the Court is of a higher nature than preaching is: and therefore in this, that you fhould advance your profeflion beyond the Judicatories of this Land, know, that Judgement and Juftice is the higheft Religion in the world both in Chriftendome and out of it : And this Sir , wee would have you know, that Lawyers Dodrine tends to this, and I hope hereafter you will be more obedient and better vers'd to know thefe grounds of the Laws of England, by which now you are cal- led here. I fhall fay no more, but take advice with the Court about you. The Court adjourns, and M, Love is commanded amy. Tbi The Reply of the Come el for the Common-rvedth^&c. 75 The fourth Dayes proceeding June 27. 1651. Mr. Hall The firftc ounce 11 for the Common-Wealth. Mc.HaU. TL iTYLord, The Prifoner at the BatvMr- Low, ftands impeach'd before your Lord- ly 1 fliip of High Treafon, which impeachment hath been read before your Lordfliip and the Court. My Lord, by that he ftands charged with High Treafon, with feverail offences of High treafon ; That he intheyears 16485 1649, 1650, and i6 5 x j yf'tthWiUiamDraiie, Hcnery tfermin, Henrj PUrcy, -foknGibbons, Edward tftaffey, Sylas Thm y And others his Accompli- ces,didTraitetoufly, Wickedly, and Malicioufly Confederate, Tlot, and Endeavour to (lir up a New and Bloody War intbk Nation, and tofubvert the Government now eftablijhed, without a t\ing and Houfc of Lords, t My Lord, that in the fame years ,/incc the death of the late Hyjngfie did with other his accomplices, endea- vour to promote Charls Stewart to be %ing of England, contrary to an Aft ofTarliamcnt, before that time madejn this Nation. My Lord, Th >at in the fame years •fie and his accomplices did Traiteroujly and Malicioufly aid and affift the Nation of Scotland, to the end that they might invade this Common-wealth > and hath adhered to the forces raifed by the enemies of this Common-wealth. My Lord, That in the fame time* between the month o/Marcb, and the fir ft o/June, this prefent month* hebatb Troiteroujly and SMaliciouJly held and maintained correfpondency, and intelligence by Letters, Mtf- fagesy Inftruftions and otberwife, with the enemies of thU Commov.wealtb ; and to the prejudice of this Nation 5 And in particular with Charls Stewart, and the late ^ueen his Mother, and with Jermin, and Piercy, and other per fons of Councel abiding jwifcJCharls Steward. My Lord, That he hath Huswife held correfpondency and Intelligence with the Scouifl) Nation, prejudi- clalltotbis Common- wealth, and to the end they might invade and bring a Bloody Wart upon tbk for in the month of February, the next month after the King dyed, the meeting was at the Swan at Vow-gate, where were feverail of the Correfpondems at that time; a$Z>riJfc«, Huntington, Titus, and others, and the end of that meeting was to contrive a way that they might agree the King and the Scotifh Nations that was the end of their meeting at that time. My Lord, Within a few dayes after that, they met again all thefe feverail perfons, at the White- Hart In Bread- ftreety and to the fame purpofe 5 and at length it was refolved to make their addrcflcs to the Queen, and to Piercy, and$ermin (firft it was the King himfelf) for acomplyance between the King and the Scots 5 letters were fent accordingly, and feverail mee:ings, and feverail returns of meflages were bad of tb m: My Lord, at length ic was refolvcd,that they fliould fend Mcflengers to L 1 ihe 7 6 The Kef lj of the Come el for the Commonwealth the King at $erfcy, and agreed upon one Titus 5 and they raifed.money and gave it to Tim to under* take the journey. My Lord, Vitus accordingly went in the month of May, One tboufand fix hundred forty nine, and returned in Auguft following. After be had done his negotiation there, he returned to Cilice, but being afraid that this wicked plot was difcovered,byrcafon of letters that were intercepted, hedurft not come into England, but Tent letters to defire Tome correfpondents might be fent to Calke. My Lord, all this time I do not finde that the proof difcovers the prifoner ac the bar to be any actor, or prefent at any meeting hitherto • Hut when tbefe letters came from Titus, then the letters were brought to Mr. Loics houfe 5 which is the firft time I finde him by proof to be prefent. The letters were read in his houfe, and inhis Srudie,as fomeof the witnefles fay, that there were prefent ; and it was then agreed, my Lord, that Alford mould go to Cilice to Titus. My Lord, accordingly he went, and there Titus did communicate unto him the Affairs thatpafs'd at Jer- fey : Within four or five dayes after, Alfori returns again, and where mould the meeting be but at Mr. Loves houfe again ? where Mr. Love and divers of the accomplices were in his houfe, a letter from the King was read 1 the Dyary, the Narrative from Titus like wife was read there j and there was^thc confutation wat mould be done, and what further courfeihey mould take to joyn the King and the Scots together. My Lord, afterward they did agree that there mould be fome fent to treat with the King at Breda $ The Inftru&ions were drawn in Mr. Loves houfe , ( I think one witnelTe fayes fo) and Mr. Love prefent ; money was raifed, and Mr. Love himfelfdid fpeaktoone of the witneftes to raife money, which was Far : Far accordingly did bring in five pounds, and laid it down upon !Mr. Loves Table, Mr. Love being prefent then in the room. My Lord, I mall not trouble you with the relation of more particulars $ But my Lord, I conceive, that Mr. Love,doth upon theie proofs ftand guiltie of endeavouring to promote the King to be King of England ; For, my Lord, what fheuld be the end of uniting the King and the Scots together, after that the Scots had proclaimed Cbarls Stewart King of England, but that they might come in a warlike man. ner to invade this Nation, and to fee up his Authority as King among us ? My Lord , I conceive (I fhall fubmit to your Lordfhips judgment,) thar be is guilty of Intel- ligence from aprofefs'd Enemy. The intelligence is (my Lord) that divers letters were fent, and thefe letters were read in his prefence, as himfelf doth confelle he was at the reading of divers letters, and yet did not confent to them $ and thereupon makes it as it were but mifprifion of Treafon. My Lord, I conceive that this is apparently Treafon : For if letters were fent to one perfon, and did occafionally come into another mans hand, and he concealetbem, being not fent to him , There per- adventureit is but mifprifion of Treafon. But when there are fent to thefe particular perfons let- ters from the King and Scots, and divers petfons in hoftility againft the Commonwealth of Eng- land, and received by the Confederates in M after Loves houfe, and there were read and debated, though they did not agree to fome particulars, yet they are A&ors : They are in the very intelligence it felfe ; and did Hkewife return feverall letters. My Lord, this Intelligence was with the Scotilh Nation, which truly, my Lord , I do co. ceive hardly an Englifh man, that had the. blood of an Englilh man running in his veins, woula joyn in confederacie with that Nation, of all the Nations of the world, againft this Common- wealth : a Nation that hath been known (and I am fure, the prifoner at the Bar is well read in the Hiftories and Stories of this Nation) to have been a conftant Enemie to this Nation in all ages through the memory of all Hiftories j and, my lord, of late, not three yeers fince, came and invaded this Nation with a PuitTant Army, which it pleafcd God to deliver us from : and this the Prifoner could not be ignorant of, that we had lately a fight with them at Dunbar, that hoftility could not be unknowne unto the prifoner at the Bar neither ; and yet for all that, to confederate with a Nation, that were fuch conftant enemies to us. My lord, I could not conceive it had been in the heart of an Englifh man, much lefle in a Minifter and Preacher of the Gofpel among us. My lord, There are fome particular charges upon him more then upon any of the reft j After Dra\e fled away,beingdoubtfull that his fecret Traiterous Plot would be difcovered, Mr. Love fupplied his room: ail the meetings, and confederacies, and letters, and Agitations in this bufineffe were con- itancly at Mr. Loves houfe, bimfelfe being prefenr. And, my Lord,mony as I laid before,by Mr.Lcve himfelf denied to be railed, for the furthering of this defign, and feverall Cumins of mony were raifed. 1 to Mafter LoveV Defence. 77 I (hall trouble your Lord- fliip with no farther relation, but leave it to the proof that was made before your Lordlhip and the Court. Sir Thomas IVitberhgtoriitbe fecond CounceU for the Common- wealth. Sir Tb. Wither. My Lord, Mr. Loves Defence which he made for himfelf, as he did it for bis liffj fo he took a great deal of pains in ir, and was veiy accurate in the Defci.cc he mace, tfricial.y in the Witnefles. My Lord, I fhall not take upon me ('tor it is not my charge at this time) to reply unto, the whole Defence that Mr. Love made. My Lord, That I fhall fay, fhall be in two particulars, for Mr. Love divided that which he faid into four parrs 3 the firft concerning the Charge 5 the fecond concerning the Witnefles and Tcitimor.y J and J. concerning himfelf 5 and 4. concerning fome propofalls to the Court. My Lord, I fhall onely meddle with that which is concerning the Witnefles 3 and z. to fome part of that he faid concerning himfelf 3 J fliall only reply as tothefetwo, and the reitl fhall leave to Mr.At- ' turny Generall,that better knows what is for the advantage of the fommon- wealth. My Lord, 1 fhall begin concerning the Witnefles to clear them (for now we are in our reply for the Common-wealth.) tMr.Love, who did profefle a very great deal of ignorance in the Laws of the land yet be did infinuate fomething that implied fome knowledge of them, in that, my Lord, he took fome "exceptions to the Witnefles 5 my Lord, I take it that thefe exceptions were: 1. That the witnefles were not Probi tefies(^ legates, . m . And t. That they were Participcs criminU, aad that indeed is in cliidedi n tjbe other . — & ** A**-- My Lord, Firft I fliall fpeak to this, that the witnefles producedagainft him, are Legates Tefies : they are compewnt witnefles, and fufficient witnefles, without exception againft them. I fhall firft fpeak to that tbey are Teft is legates, for Mr. Love did object, that they themfelves confefT'd tbemfelves to be guilty of the fame crimes, and fo their confeffion is upon the matter, a conviction, and fo they are convi&ed of the crimes in which they are witnefles againft himjand fo are not competent witneftes. My Lord, I fhall clear this, under favour, I takeit they arc very clear and good witnefles, notwith- ftanding the Exceptions* And, my Lord, this I take to be a very plain cafe, the cafe which is in our Common Law 5 thecafeis— which proves it fully. Forifa man beaccufedof High-Treafon, indi&ed of High Treafon, and will confeflc the Indictment, and become an Approver, yet he may fcea witnefle againft all thofe parties guilty of the fame Treafons with himfelfe, he is particeps crimi- vis with them, and they with him 3 and yet this man thus becoming an Approver, will at Common Law be a witnefle, and a legal and good witnefle,againft them. My Lord, I fhall a little open that, becaule it clears the cafe. My Lord, an Approver can only ap- prove it is true 3 that is when a man is indiftedof High Treafon and other his Accomplices with him 5 and bejupon the Indictment fay es it is true,and then defires he may have fomething afligned to him, and then hee accufes fuch and luch perfons of the fame crimes 3 in this cafe this man after he hath confeit the Indictment, and takes his corporall oath to reveall all Treafons he knowes in the Indictment, ( for he can accufe no further,) after this done he fhall be a witnefle, be is a witnefle againft thole with whom he is Particeps criminis. Nay, my Lord, it is of merit and Juftice that he fhall have this re- ward, he (hill be pardoned his life- Now that I prove to you, becaufethat fhews the reafon 3 that even the man, after Indictment and Confcflion,yet being an Approver, fhall be an Accufer of his bre- thren, thofe that were Participes criminis vvicb him, and a good witnefs 3 and the reafon of that goes to this cafe in hand. For although thefe men had a hand in the fame plot and deflgn with him, and have confeft, and did confefs it upon evidence, thit they were there prefent, and did many things > yet I rake ir they arc clear ,compc-ent,3nd good witnefle 5 and that is no Objection againft them, that they are Tar tic ipes criminis, M} Lord, if the law were othervvife, itwete impoffible to prove many offences 3 for many offences cat. not be proved, but by fome men that bad a hand in them. Jn an or- dinary cafe an action of TrefpAfs md falfe imprifonment, if three men are guilty of it,itis anufuall thing in Courts of Juftice to admit one of them a witnefle 3 truty hey are not parties in the action,and fo may be witneflls 3 for thefc things may be fo fecretly done o'Herwife, char their Treafons could ne- ver be revealed j recover agaiaft the prifoner. There is acafe^ Ithilikinail our knowledge; it is the cafe of the Earle of Caftlc- haven, be was accufe' of i "erv grievous T\;& : the witnefles which came againft him, were one or two Foot- men, thatwere'J?*MYfyex crimivJsin the very lame u&, and thu'c men by the Opinion of the Judges 78 The Reply of the Cowed for the Comtnon-wulth Judges were competent witnefles. My Lord, he was arraigned, indi&ed, and convicted, andfuffer- cd death; nay, it is very true, that one of tbefe perfons was afterwards hanged for the fame offence .* fo that I think, under favour, as to thar, I take it, that they are deer and good witnefles, notwithstan- ding that objection. The next objection is, that they were not probi tcftes : Truly for that, my Lord, I muft appeal to you> judgment in it,whethec thefc men be not probi teftes, & honeftes too j for in cafe of an approver, as I mentioned before, that man that accufes his brethren upon the fame Trcafon, it is faid, that of merit and juftice, the King ought to grant him his pardon : For they that dilcover the Traitors againft the Commonwealth, thefe certainly are probi teftes, and good Common-wealths men ; and fo I take it, that this is no objection againft them in that, but as before they were legdes teftes, fo they are probi teftes. My Lord, I mention thefe things,to Ihew that the witnefles for the Commonwealth are good and competent in this cafe. The next objection touching thefe witnefles, is, that though they be admitted for good witnefle $ yet there is not to any one fact two witnefles ; There is not any one of the moil criminall parts of the Charge proved by two witnefles : And fo as before they were incompetent in regard of the quali- ty and participancy of their crimes, fo now he would make them incompetent for want of number. My Lord, 1 mall firft agree to the ground of this objection ; for truly, my Lord, I take it, that it is by the common and ancient law of England, that in cafes of Treafon there muft be two witnefles; and it is.by a law more ancient then that, that is, by the law of God. But my Lord, it is true, the law of this Land is explained- by feverall Statutes 5 the Statute of the firft yecr of Edward the Sixth, and the fifth yeer, and the fecond yeer of Philip and (Mar) j My Lord, I take it, upon all thefe Statutes, the «ne Statute fayes, To accufe another, there muft be two witnefles ; I take it, the accufer and witnefs are all one 5 that is, the fame that in one Statute is called a Witnefle, in another is called an Accufer. But there muft be two, that is the objection* But then give mee leave to confider this Cafe, and to conflder how thofe two witnefles mall be. My Lord, I fay under fatour,tbat in a Cafe that confifts of a complicated fact j that is, the reiteration of many actions, my Lord, I conceive none of thefe lawes are to be intended, that for every of the particular facts there mould be two witnefles ; that cannot be the intention of any of thefe lawes, that in every particular fact, that is to fay, whether Afr. Low was prefent at the reading of the letters, it you have one witnefle to that , another for the writing of tbtm, another to the fending of them j though thefe three witnefles {peak to feverall parts of the bufincfle, yet they are a concurrent teftimony, for all agree to the fact. I well remember, my Lord, a Cafe in the SUr-cbamber, againft £. of Leicefterjhire) I think there was an information againft him for Bri- bery and extorting of Fees : The matter came in the condufion, that one man proved a bribe, and an- other man proved a bribe 5 one proved a bribe of forty pounds, and another a bribe of forty pounds : but there were feverall witnefles to feverall bribes. The queftion now was, whether he took bribes or no ? And thefe tending to the fame generall Charge, it was the opinion of all the Judges, tha: be did extort and take bribes. The one witnefle fpake to one bribe, and another to another j and in that Cafe, as two witnefles, made good a charge againft an offender, yet in that cafe it was taken , that where witnefles, though they fpeak not in every particular, yet all tending to the fame generall Charge of Bribery, thefe were taken for plurall witnefles, and that was a good conviction. That was the opinion of the Judges then. I mention this Cafe onely for an inftance toexprefle myfelfintbis ; Forcer. Love cannot expect, that to every particular thing laid to his charge two witnefles fhould be produe'd. But my Lord, when one witnefle proves, this thing he hath done, this letter bath he written j and an- other that another thing he hath done, which all tend to the Trcafon 5 now thefe are more witnefles, and two or three witnefles of the fame thing, though not to the fame individual! thing it is .So that upon the matter they are concurrent witnefles in this complicated fact, though not concurrent in this 01; that ciccumftance 5 for that is impofliblealmoft inany action to be done. ButtfaenMr. Love did further inlarge this objection j which was out of a faying he had,That in cafe of Treafon, Urobationes tpportenteffe luce cUriores 1 The proof muft be as deer as the Sun. Truly, my Lord, it is very haid,that works of darkneffe mould need fo much light for difcovery, and that fo deer a proof fhould be neceflary when the things are done in darknefs and fecrecie. My Lord,I tninkjunder fa- vour, though in this particular we have our witnefs, as I do take it, to fpeak very plainly and cleer- ly 5 for it i$ their owne faults if they doe not , for they were prefent at the meetings , 3t the Confutations and Debates. But yet I do obferve, That in this cafe things were C3rrycd on in a very fecret to Mafter Love's Defence. 79 fecret manner > forldoobrervefirft, at thefe meetings all of them were done under a difguife, every thing acted in this bufineffe. Iobferve it upon evidence, fii ft, That the very meetings themfclvcs , They go under the Title of Prayer and Fatting j for fc Huntington told you, he was fpolce to go to prayer at Mr.Love's houfe, The Contributions made for railing of money, for fending of Mcflages anddifpatches, was under the difguife of charitable ufes > fo that here was darknefle all along. And then tor the Letters, there was no names fubfc.ibed to them, all were done without names, only the letter L. was upon one. And the place truly, I mult lay, that was obfeure too j for what man would have though^that the place of meeting Ihou'd have been Mr.Lowe's houfe 3 a man that hath been fo much for, and lhcwed fo great an affection t j the Parliament, as he faid himfelf in fubftance ? a man would fooner have thought to have found this Treafon in any Cellar in London, then in Mr. Love's houfe. "Fortbe Jnftructions, forthe dire&ionsand Difpatcbes, fome werefentin Table-books, writtenin Sack in a Table-book. But, my Lord, I am afraid in the conclufion,the Letters will be written in blood. But, my Lord, this I do obferve,tbat through thefe difficulties, though we paft through our Evidence, yet your Lordihip heard how plain the proof was in molt particulars. My[Lord, I (hall fay no more as to thefe Witnelfcs, becaufe the other part of anfwering the Wft- nefles belongs to the Atturney Generall 5 for Mafter Love went over all the particular Wit- nefles. My Lord; I (lull only fa/ onething, and that is this, concerning Mr. Love himfelf ; and iris only concerning this point. My Lord, Mr.Lwe himfeife did fay, He would be ingenuous lo far as he took himfelfe to be guilty. But, my Lord, I know your Lordfhip and the Court obferves, that that in- genuity did follow the proof that was for the Common-wealth. My Lord, he conrefiesbe waspre- fent at them, be was filent after all thefe Meetings and Debates, I mean the meetings after they be- gan at his own houfe * for I fpeak not of them that were at Voxo-g ate, for there is no proof that he was there. My Lord> this he confefles, and this hefayes is mifprilion of Treafon. Truly, my Lord, I muft be bold to differ from him in that particular j I take it that that he confefles is High Treafon- I (hail fpeak a little to Mifprifion of Treafon, and fo conclude. My Lord, Mifprifion of Treafon is when a man hath notice of a thing that is Treafon, and hee conceals it 5 now, my Lord, under favour, the concealment muft not be long, it muft not fleep long with him. My Lord, Irememeberan Axiome an Author hath in our Law, and that is Bra. Bon% he bath a difcourfcof mifprilion of Treafon , he hath it in Latine fayes hee, He that %noxe si Treafon, bemuftnotftay in one place a day and a nighty but be muft goon, be muft go toward the Ma^iftrate, Mjy (fayes he) though be have mo ft urgent buftnejfe yet he muft fet it apieandgo on y and muft not ftiy in any place till he bath revetted it. Hay he fayes furtber,He ought not to ko\ back *M h* bath given information to the Magiftrate 5 The man that doth not a r ter this manner forth- with reveal it , this only is mifprifion of Treafon. But considering this cafe of Mr. Loves, now confeffing the fact, be takes it to be mifprifion of Treafon, but I take it to be Treafon it lelfe. My Lord, I (hall ob- ferve what Mr. Love did > he was at tbefe meetings $ thefe meetings were continued for divers dayes, and months, My Lord, was there ao> diftoverv made hy Mr. Love ? was there any revelation of his to any Megiftrate I Did he tell it to any man I Nay, Did he confeffe it upon his Examination, when examined ? Nay, Did be not deny it when be came to the Bar before your Lord-imp ? Can this bee faid to be mifprifion of Treafon, that a manihould hold fo long in Treafon and not reveal it ? SMy Lord, As every Treafon includes a mifprifion of Treafon in it ; fol conclude, that mif- prifion of Treafon may grow up to treafon it felfe. Now when a man fhall fo long fleep upon it y and be violent in it, and not reveal it, I take this mifprifion of Treafon growes up into Treafon it fclf. My Lord, I (hall fay no more of that, but I (hall conclude, becaufe the other part lies upon Mr.. Atturney Generall, whoisbetre able to doit j onely one thing I lhalltake notice of to your Lord- ihip, and I am troubled at it $ and that is, That a* he faith,that he that hath been fo much for the Par- liament, witb whom he hath gone along, and 00k fweet counfell together, and hath £>een Active for, and Paffive with through all the p.i(tages(;ftbe late Watres, that he fhould fufTer from them, this he faies, ftuck ve^y much upon him. Bur, my Lord,for him that hath been fo much for the Par- liament, fo familiar with their proceedings, that hath been fo active for them, and bath fuflfered fo much for them $ my lord, for bim to kick the beel againft the Parliament, for him after all this, now even in the Infancy of this Commonwealth, that this child fhould be deftroyed, and by one with whom 8o The Reply to the Councell of the Common-wealth whom we have took fwect counfcll together. And by one I may fay this, that though he had no hand in making this Common- wealth, yet 1 dare fay he had in the preparations to it 5 for himfelf all alono- bath gone with the Parliament 5 to that my Lord, I take this to be an objection againft him. JB tt t my Lord; I fhall fay no more in it, but refer the other part to M.Atturncy-Gcnerall. M.Attumey-generall the third Councell for the Common-wealth. At. Gen. My Lord, I am lorry M.Love hath given the occafion of this meeting, and of my for- king at prefent, / could much rather have wilhed to have been iilent ; but now I amdrawn hither I am forced to it. M.Love, my Lord, in the beginning of his Triall diddefire God fotoaflift him that he might go through it with gravity, meeknefs and wifdorn, as became a Minifter of the Gofpell; 7 wiih that God had heard his prayers, that he had fo gone through it 3 what he hath done, the Court bath obierved. My Lord, in that part I have to do, I do heartily defire I might doe it with faithfulnefs to you and the duty of the place I ought to difcharge, and to the Court. My Lord, the work that this day lies upon me is, to reply fomewbat to what was faid by M. Love in bis own Defence, and to make a faithfull repetition to the Court, and to doe the Witneflfes and the Pri- ioner right; to repeat that, and that onely that hath been laid : And in that, that J may do no wronz to mifkad the Court, and offer nothing to the prejudice of the Witneffes , nor to the prifoner. And truly, my Lord; I iha.ll not (in his own words) have any tortured Collections, nor any inferences nor ftrains of wit > he hath lhowcd his Oratory in his defence. "My Lord, J (hall (how the Simplicity of Law in the Reply. My Lord, the Charge hath been repeated to you, and for that infilled upon by M.Love for the Wit- neiles and teftimony you have had anl wer 5 I mall not trouble you, there hath been pains taken in ir my Lord, I think all men were fatisfkd that it was clear enougbi yet to make it more clear. M.Love, my Lord, infifted upon one thing more, and that is upon point of Time, and the point of the Jurifdidion of the Court, which (by your favour) I ihall firft begin with. He itands charged he fayes, for crimes done in 1648. 1640. io*?o. and i6$i. and thofe crimes he fayes, were before this Court was, or had a being, and fo had not power to cake cognizance of them. That my Lord, J (hall endeavour to clear to you, and I think in much cleernefs,clecrer than the lighr as he will have his evidence. He ftands charged (Ifay) pofitively, my Lord, wiih no crime before a Law was emitted, that did give an inhibition and was publiftYd and known. He ftands charged with no crime before the Law was publifh'd, that did declare what the crime was , and gave notice to be- ware. My Lord, that that was firft, was the Law that was made the thirtieth of January, 1648. that doth de- clare, (and upon that Law I (hall fetch the foundation and rife of this Treafon^ that whoever /hall proclaim, declare, publiih, or any way promote Ch. Stewart, or any other pcrfon to be King, or chief Magiftrate of England, or Ireland, without confent in Parliament, (hall be adjudged a Traytor , and fluff fufFer pains of death as a Traytor: Here was this Law publilh'd, and notice given what every man (houidtruft to, and I may fay my Lord, Obedience expe&ed : Againft this Law hath M.Love tranfgrefsed, and under favour, in a very high meafure $ fo that, my Lord , I chafge him upon this law, and fince this Law was made, and to this Law there is no limita r ion of time for men to be que- ftioned for it; and for this Law, it is in express terms given in Commiflion to this Court to take cog- nisance of it j fo that I think, this is a little clear to him. My Lord, tbenextisa Law published in July, 1649- thatisentituled, An AH declaring what often. ces jhall be Treafon; that I think he is not ignorant of, though he p.-crended to be ignorant of another. My Lord, that Law likewife,tbough it was before this Court was erected, yet this Court hath by ex- press words of the Commiffion power to take cognizance of it 5 and this -Court in tbefe things is no: like other Judicaco.its, that when offences are committed, the oitc takes care to appoint Courts and Judges to judge thofe offences j let it be no offenceto M.Love if this Court were erected efpecially to trv him, but the lhv was not made efpecially to ptinifli him 5 for the lw was made before, and the offence committed before, and fo I think, in all England the offences are committed before the Judges go their Circuits and have their Commifsions. My Lord, th: next is the Law that conftituies this Court, and fayes in what particulars this Court hath to Matter LoveV Defence. 81 • hath power to take notice of offences, befides thofe mentioned before, and the laft concerning the Scots j that was but lately which Mr. Love fayes he was ignorant of 5 but he was not ig- norant to doe fomewhat againft ic. My Lord, thefe are for the lawes that Mr. Love is impeach't upon. The next thing that I have to doe is, (and in that I humbly beg your favour , That as I am now to doe Juftice (if I may fo fay ) to the Court, and to bee faitbfull to my Truft and the Duty impofed upon mre) to repeat the evidence ri^ht unto youj and in that, as the Gentleman the Prifonet at the Banc, hath had that favour from you to have a Nota- ry by him to take all that was faid of all parties 3 fo, my lord , by your favour , wee have had fome here tohelp our memories 5 with whom I have conferred , and by the help of their Notes and our memories, my lord, wee thinke wee have faithfully tranferibed that which was faid by theWitneffes. And, my lord, I humbly crave favour, as not now being a private examination, to be read, but a publike teftimony in the prefence of Mr.Lox/e himfelf, and the Court j I hopeitii not private jiow, but I may ufe notes to do him right, and may read thofe things that they teftified upon their oath here* In the firft place, my lord, I mail according to my beft judgement do him no wrong: For the firft, I flnll acknowledge it was but aheare-fay, and that from Tirade , of letters fent from Scotland to the Presbyterian party in England, to let them know what had been done of pro- claming the King there, and that care mould bee taken for their Intereft. This I doe ac- knowledge was but a heare-fay; but that which followed not long after that time, my lord, was pofitive , and there (my lord) I lhall begin the rife of this 5 and thus as hath been ob- ferved by my fellowes that are Counfell here , though there was not acting , nor prefence , nor knowing , yet ( my lord ) under a fecond , it will appeare hee was confenting and appro- ving, and fo guilty of the firft faft: My lord , there was a meeting at Vowgate , I fuppofe you remember it full well, it hath been feverall times repeated ,to you by feverall perfons, and Titus the party now beyond the Seas, and Drake, and other Traytors fled, were prime fticklers for this, and moved others to come in 3nd to bee there prefent, and heare what was the ■defigne. As J did crave your Lordihips favour, fo I ihal!, that I may not (as hee fayes,) truft to fickle nor roveing memory , that I may bee faithfull to read to you that I have taken , and what was faid by them : I fuppofe Mr, Love hath by him one that can controle me if I doe not right. I begin with this meeting at Vowgate , and continued at the White-Hart in Bread Jlreet , Alford gave you this evidence, That one morning bee waswijhed by Drake to goe to the Swan at Tfow- gate; when bee came there, there was one Ticus who give relation of the good difpofition of ibe Prince , and how inclinable bee was to u\e the Covenavt , and to caft off the Cavaliering party , and thofe about him , if there were opportunity found , how to make him know there was a confidera- ble partie in England that would ftictyc clofe to the ends of the Covenani; and upon that wee that were there did thinke wee were bound in duty, in relation to the (Covenant, to pre ft the Prince to take it, and to profecute the ends of it. And for that Titus faid, if wee would appoint another meet- ing, hetwiuld draw up fomething in way of Application of the Presbyterian party to that pur- pofe. Wee aftcrwirds met at the Bare in Breaiftrect , and there hee drew fourth fometbing hee bad framed totbat purpofe, and read it, and it was agreed upon to bee fent over t$ the 'Prince, the fubftance of it was to pre fc the Prince to apply himfelfe to take the Covenant , and to profecute the ends of it , and to ciji off all the Cavaliers and that party about him, which bad brought fo much mifebiefe to hu Father, and would doe li\emft to him : And this ( I believe ) was fent over, for Titus undirtoo\e to fend it ever. Weeaaked him bow the Prince could bee mxdeto believe that this coming from fo incoufiderable a pirty at wee were , Jhould come under the notion of the Presbyte- rian party of England j bee faid bee*would undertake it by meanes of my Lord Pfercie. And my lord, I think you doe remember there was one Mafon fet van: of Pieny, that was fent over hither, fo teftified by fome, to reconcile the Royall and Presbyterian party. This ZMafon (my lord ) was Piercies Servant , fo teftified here by divers. My lord , here is now the foundation , M VtA* The Reply of the Comeelfcr the Common-wealth 8a Drake ii he that moves Alford > and Tim I may iuppofe the mover of Vra^e, 3nd both of them fled as Traytors. My Lord, If they were Traitours, and this is Treafon 5 then whoever had a hand in carrying on thisDdign, himfelfe is a Traitor, and his Adion is Trcafon. My Lord, this is the Tcftimony oitAlford. My Lord, There is another witneffe, and that is, lieut- Colonel Bains, who I think was prefent only at this meeting, and had enough of it, and did leave it > and yet was prefent at this, and gave in evidence of what was there propofed. I think be was prefent at no other meeting, he was fatished this was too much j bis Tcftimony, as I take it, was this, fori mall read it, that 1 may do no wrong to no party: Bj/njfaid, Itwat alfoprcpofcd byTin\$, that fomcthing Jkould be done in order, to njloring the Presbyterian Intereft, by Application to the Prince, and to jjfute bim that he bad a confide? able party in Eng!and,wb/<;£ t lool£d upon it as a duty, and lying upon all of them by the Covenant. And that it wm ne- gejfury fome what Jhouli be done by [ome Parliament men, Miniflcrs ani Citizens, that were leading aSl ivc men, tbatbemigbtbaveaMJfurance, that fomewhat would be done for him : and fame what to the ^2>ueen, Jermin and Piercy, whom, he faid, were their friends. This,ray Lord, was that which Tim faid at this meetings and teftifyed by Bi/»j. My Lord, There is another, Colonell Barton, who was produced as an Evidence. My Lord, I think that he ''poke not much more then to this, and gave ofthere. My Lord, his Tcftimony was this; for I do conceive, under favour, we have taken the very precife words fpoken by them : And, my Lord, fo as fpoken and taken, fo written, and Co, my Lord, read to you.* Barton, my Lord, faid, Thit Drake would have bimtobcaMefjenger, and to that pur pe>fe there were feverali meetings at the Swan and WbitcHart. This was what Barto* reftirled. My Lord , Then there was Mijor Huntington , which was at this meeting,and one more at £Mr.Lf ve s houfe, which he full well remembers. My Lord, Hunt ir.gton fayes this, That about Cttircb 1648. ('in January was the Law publilhecl) Alford cold him, that Tittu was in town, and that he was new- ly come from beyond theSeas from their friends, Maffy, Bunce, Graves and others, and that Tm»-was to meet the next day at Dow-gate, where he fell into high praifes of the Prince, and told tbem that though he was taking unhandfome courfcs,yet they had great hopes bisincli&ations were otberwiie.TV'M fold further, he feared his inclining to the Irifn, unlefle. kmetbing mould be gotccn from bis. friends hereto divert bim s that you remember was Mr. Loves charity too, as you will hear anon, rifwpur- pofed to get letters from per fons of honour, toperfwade him to a good opinion of ibe Scfts, to take the Covenant,and to joyn with them. Afterward they met at the Woite Hart in Bread -flrcet, where Tittu declared that he mould gain thefe tetters, and hoped to fet fomething a foot to the fame eft-eft j and there faid, they were confident ihey could fee no way under Heaven for bimelfe, but by taking the Covenant, and engaging the Scots a- gainft England 5 to which pu-pofe he drew forth a Paper, purporting that they were bound in bone ft y, conference and loyaFry^d maintain and help him to his juft Rights, if he would go along and joyn with the Covenanting party in England and Scotland. My Lord, This is that no-,* that hath paft in proof by evidence concerning this 6rft meeting at the twin at Dowgate, which I do Nimbly conceive was the life and foundation of what foilowes afterward. And this, my Lord, lftrue, I fuppofe noman will fay, bat that was Treafon that was tranla&ed there. I do not fay, my Lord, that Mr.Love was prefent at it, nor as yet,can I fay, knowing of it,buc what foilowes after ,my lordj will bring him in danger. My Lord, Here, you have beard, was this meeting, and what was propounded to be done here, and how aftivc Titus was, and that he was to go (you have heard by the Tcftimony,) toTieftfS and k is not doubted by any but he did go thither > it li not doubted by any but be was fent and did go thither. To that purpofel (ball now read you two witneffes more, which I have caufed to be tran- fcribed too, in the words as ipokenby them , as I doconceive, I hat is Adams and Far'> That there was money agreed upon, ro fcnd THws to Piercy * that there was money collected, and that they themfe Ives did contribute. Adams heexpreiTetbit thus : That upon a meeting, the place and time I remember not -, where I tbinf^werepreftvt Drake, Titus, Alford, and my fclfe, and J iamottell bow many more ; It was agreed thai Titus fhwld goto Piercy, the end of hi* going was to prmote an a- grcement between the Kjngandtbe Scots, according to the Covenant (and, my Lord, you lhall bear in dnc time what that Covenant is,that M.L01* hatb faid in his late Defence,) In order to bit going, we did We* to M after Love's Defence. 83 agree to furnzjh him with money for the prefent, and made fome ki"dc c f promifc to f^ap bimwhiU be was cut; About an hundred pound was furnifid; for my part, I piid twenty pounds of tt. This is A- dams* The next is Farr. He fayes, He did uvderftani by Drake, that Tins, who was here requeued as one, to beprcfentat the Treaty at Jerfey , whiJ? Titus did undertake to go tbii!Mr->hc undertook to go himfelf: that after he was gone, Drake dc fired Farr to let him have ten pound , (eying, Titus was in want, and upon this I lent him ten founds ' } the Letter was read at Af. Loves Jtaw/c when he came from Calice. So my Lord , here is now under favour, his proof before ycu of this meeting at Tiowgate, at tbe Swan there, finifiYd in alredjireet, carried over unco jerfey, Tim the McfTengcr fntniuYd with money by a party from hence in this Arr?nt, as we told you. My Lord, all this while /do not hear of M. Love: if he were, My Lord, he was like the Mole under ground : but however, my Lord, Mr. Love hath carried hirnfelf (as fome bave faid) like a Rat among joynt-ftools, a man can fee him , but cannot bit bim; But,my Lord, I doubt he will appear to be too bufie in wh3t followes, and that he had a band in it at firft. My Lord, the next to go on with is thi<, in time; that when Titus finilh'd his work at tferfty , he was tken to give an account to his Mafttrs that imployed him, anduponhis return he was to doe it faith- fully, as he thoughr. But being informed, that the State had vigilant eyes, and they discovered him what he had been doing there, and he having notice from fome of his itedfaft friends here of it, be thought it was not fafe for him to come in perfon , fo that his guilty confeience kept him off; But then he did defire tffat he might give an account by tbe hand of lome others, by their memories, and for that purpofe wrote a letter, to whom I cannot tell, I think to Pra^e j The letter was written, and un- der favour, my Lord, this letter from Titus was read in M.Loves houfe , to have one fent to himj and there i: was propounded "or fome to be fent, Adams was propounded, for him to go; Farr propounded for bim to goj but not them, but Alforfazs agreed to go, and did accept of it : but not that he was there, my Lo.'d. My Lord, for this I Avail crave the fame favour from you, to read tAdams and Farr, as to that particular. This is Major Adams, It was moved in M. Loves houfc y M. Love being tbcrepre- fent, that 1 fhould goto Calice to meet Ti: us ; but \\(o~d going thither, did at his return give an ac- count of the ftate of things at M. Loves houfe. My Lord, that I read hi n for, is for that part, that it was moved in M.Lflvc j chamber, uH.Love being then prefent: tfrit ifiouldgo to Calice to meet Titus, it was moved that Adams ihoxild go; my Loid, tbisl read to fhow Af Love was privieto this before the Meffenger was fent. My Lord, the next is Capt. 1{}lob Fart. I was in M. Loves houfe inhk Study, wherein (inM.LovesSzuly) a letter was read fromTia\s,defiring one might be fent to bim to Calice 5 •and thereupon it was moved that Ijhouldgo, but afterwards it was agreed that Alford fhould go, who went accordingly. That is now z$ to that particular that before any man was lent unto Calice, it was made known mMImi houfe, and fome propounded for to go, and at iaft another did goes this, my Lord, I ofrV to you, as that which will not be contr averted by M. Love, for I have read you two Witnefles to it. The next, my Lord i>, in which (I thinkj we doe not differ, but that when Alford had been at Calice, and bad taken the ascountthatT/.'w gave bim, the copy of the letter which he faid was from the King to the Presbyterian party here, th. Narrative of all theTranfa&ions and Proceeding* at jerfey j that upon his recurn,I think we do not differ, nor is it denied, I am fure M.Love acknowledged it m hislatt Defence, becaufe proved by four, therefore confeffed 5 my Lord, f hat this Narrative, the copy of this letter svas read in his houfe, and for tba: I have the teftimony cf Adams , Alford , faquel, and Farr, which if it be your pleafute, 1 fttali humbly read unto you. The firft is Majcr $obn Alford^ Having received at Calice a Harraitve in writing of Titus hU trtnj 'aft ions in Jerfey, / brought tbe fame to Drake, to whom it w.is direftcd ; Now it appears to whom the direction was$ and he brought h to M. Loves houfe, where it was ready afterwards tlyerewM a Commij- fionfo called 5 but my Lord, ifyouplcafe, that is for this in the hi ft pmce, That this Narrative brought from Titus by Alford, was read at M.Loves houfe- t The next is •A&a7ns y t But Altordgoing to Ca!ice, did at his return give an account cf the fiate of things at Af.Loves houfe, which account was the Narrative from Titus, and the copy of the letter faid to be the Swings letter. The Contents whereof 1 remember was as follomtb, Thel\vtg expreffei a great deal of affeftiontotbe Min/ftryin generallin England , and promifed them great favours when he was ina condi- tion , and defiredtbem to continue fted f 'aft in the way theywercfti; wh.eh letter was read and publijVi rn M.Loves Study, and H*L ove mi there fomctimes of the reading , at the fame time a motion was mide cf M 1 giving. 84 The Reply of the Councdfor the Commonwealth giv.ngtban\sto Tv.us for his well managing affairs there, and at the fame time the Commiffion and In- ftruft ions were. So tiut lure u another teltnnony, that this was done at (Mr. Loves boufe j the Nar* rative, hyes this Gentleman, and th; copy of the Kings letter. My Lord, the next I lhall read unto you is Mt.fohn faqucl. After Altords coming home , I was at Mr.Lovcs houfe, where was Pone , Drake and Al ford j and dir.Lovt was there fome times, thoughdi.trt times fome body came to fpea^i with him, and called him, and he went to [peak with them : A Narrative from Titus was there read by AltorJ or Drake, wherein was declared the icings inclination to makepeace with the Scots , but bis wicked Conned kindred him. 1 think it was a 1\arrauvc of what had pafs'd between the t\,ing and Ti:us at Jcrfey. Tbu is thac that faqucl fayes. The next, my lord, is Far 5 Alford being returned, he gave account of his imployment at Mr. Loves houfe 5 e/2 copie of a letter was there read, from the l^ing to the Presbyterian party in England ; the fubftance was to fendCommiffioners to the Treaty at Breda. The Narrative brought from Titus -was com- municated at Mr. Loves houfe : where wefe pre fent tenor twelve per fons. So, my lord, you have heard thefe four witnefLs, whac tbey have faid concerning this : Now you mall give me leave to make appli- cation of this to the former 5 1 fhall crave you favour to go thorow this. There follows more at <5Wr. Loves houfe > this is not ended yet. My lord, after this, there was foraewhat propounded to be done upon this Narrative and a letter from the Kings fomewhat was propounded at this meeting : My lord, then there was (as I know the Court remembers,) fpeech of a Commiflion that was fome- what controverted. There was fpeech of a CommiiTion, and a Commi (lion read, Mr. Love ingenu- ously acknowledged , and it was proved, and he declared his di {Tenting from r, and that he was a- gainit it, becaufe as private perfonsthey had no power to do any fucb thing. But, my lord,that there was a CommiiTion read there, brought by 7)rake (I do not fay that this proves that Sftlr. Love corrededit :) Thac there were Inftru&ions and letters read for to befentoter, I think, is not de- nyed : but, my lord, for that, if you pleafe, 1 Ihall read you the wicncile. The flrft is Alford: Afterwards there was a Commiffion, fo called, agreed among ws, fent over to the lord Willoughby of Par- ham, MaiTey, Graves and Titus, at B eda, to advi/cwith the Scots Commi ([toners there, in behalf of the Presbyterian party in England. ThU Commiffion was read in 7Ar. Loves Stuiie : and at the fame time In- ftruftions for the Commiffioners to walk by were agreed en to be fent : which Commiffion and Inftruftions were the fubftance of the Petition formerly fent, topreffetbe Kjng to take the Covenant, and to profecute the ends of it. This Petition was (L conceive,) what was formerly agreed upon at Dow-gate : which Commiflionand Inftru&ions one Mafon the lord Piertys man carried over. This \s Affords itftimo- nie as to this. And being ask'd by Mr. Love, Did not 1 diffent from fending the Commiffion and Inftru- ftions i he fayes this, It was agreed in the generall, that the Commiffion and Inftrudions fhould be fent, Afr.Love being then prefent. All prefent are Principles, ray lord. My lord, in the next place is Major Huntington s teftimony ; and the firft is this, That at Afr.Loves houfe, in the beginning of {March 1640, I found Drake and others, and there was read a paper in the nature of a Commiffion, Commi fftonating my lord Willoughby of Parham, Graves, Titus, MaiTey and Bunce, to treat in the behalf of the well-affefted party of England, and to joyn with the Scots Com- mi(fioners, according to [uch Inftruftions as fhould be therein inch fed. And this qucftion being asked, What power have wee to give or fend fucb a Commiffion ? Drake anfwered , Wee have the l{ings Command for it, and the authority of fome fecluded Parliament men j for $ look u P on ^ Km beyond the Power that is now fitting. Whereupon Mr. Love reply ed, Come, come, let it go. You have heard Huntingtons le- ftimony, and ZMr. Loves paraphrafe upon thofe words. The next is A dams. At the fame time a Ctmmiffion and inftruBions were fpc^en of at ZMr. Loves houfe,to be drawn up and fent. As $ remember, Mr. Gibbons brought the rough draught. ^ am very confi- dent that Maftcr Love was there fome part of this time; and it was in his Studie, where this was generally confented unto. The fnfttuflionswerc there agreed alfo, ar.d read by Drake, as J- remember. Sterks the Scotijh Ag nt ma with ut fome times at Mafter Loves houfe. This b what was teftified by Adamr ; There <3 another to this, and that is Captain Far : William Drake read there a paper, of the nature of Qommijion, which was not agreed to by the Company, bcc.mf prf-jate per font hid no authority to give Commiffion. ' . v ommijfion was in the name oftbcPrcstyictiiv party. A letter . ; < '■ « was then agreed upon, The Commiffioners were fo be the Lori Will e ;^b B c ; tirdXey and 1 who was to If of the Presbyterians : Papers n n .• n fent to the £^uccn, t9$erfaudcthei\Jng togivefattsftfiiento the Scots. 'But tbey were not affented w." My . to M after Love's Defence. 85 <5Wy lord, I have done with this that concerns tbis meeting j and now I fhall apply that which I intended and fpoke of before. The Delign you heard, that (my lord,) was at the $wan at Dow- gate , was treafonable enough in conference, high enough 3 a partie imployed to agitate ! And though wee do not finde Mr. love to have been knowing or piivie to it at fir ft 5 yet, my lo;d, if thcie be a T cafon hatch'd and diligned, a partie fent in it J and any fubfequent aft of any other party, that mall come into this, and approve of it, and joyn in it in what way foever , This man, my lord, is guilty of the rirft tnnfaftion of Treafon. So that though Rafter Love did fo walk under ground, that wee cannot; bring him in to be knowing at firft , ytt 1 bring him ap- proving atlaft ; And, my lord, though here be his firft appearing, it is enough and too timely 5 And my lord, Titus departing, and an account given of all > and for ought appears, not to be proved by mee, nor by any for the Commonwealth, whether Mafter Love did approve or not; or how far hee went in it. But hee was prefent,and at the debates and difcourfings about it, and a- ftingsinit, Afy lord, this is far from mifprifionof Treafon j for mifprifion of Treafon is a bare filent aft, that carryes nothing of difcourfe nor debate with it : it is a fimple aft ofomiflion. But when Treafons are batch'd, and are defign'd, and others mail come and treat, and debate, and difcourle upon carrying them on 5 my lord, by the fubfequent aft hee hath approved of all that pafs'd before, and made himfelf partie to it. Here is an account given by Titus of what had paf>'d there 5 this is brought into Mafter Loves houfe 5 there are debates concerning a Commiflion ; whether they took the KING for the Authoritie , or the King wrote of it, it doth not much move mee. A copie of a letter from the King was read there, let them take it among themfelves as they pleafe. Here was a Commiflion debated, and Maftcr Love acknowledgeth bee debated a- gainft it. Afy lord, under favour, if bee had declared an utter diflike, and fas hee bimfelfe fayes^ a deteftarion and abomination againft it 1 But bee goes on, though not in that parti- cular, yet in another 5 and hee is guilty of all. In Treafon there are no Accefiarics, all prefent are Principles. The crime of Treafon is beyond the crying blood of murther, one is but private, the other is pub- likes fo as, my lord, though Mr. Love acknowledgeth, that he fo far owned the Narrative from Titus and the proceedings there, the reading of it, but did diffent from the commiflion,and did fpeak againft it, and at prelent I mall take it fo too > yet for the inftruftions fent, and for the commiflion named, you have had four witneffes named to you 5 my lord, diffent will not ferve bis turne, and yec to that there is not a pretence of a diffent from the inftruftions, and what was fent, and that is a confmt and concurrence, and that is an approbation of all precedent actions, and makes himfelf a party in it, and that is by one witnefle 5 and, my lord, you have heard by Mafter Serjeant Wi\berigton y that to every circumfhnce there needs not two witneffes, but to tbe defigne there muft be two; and Adams bimfelfe fayes it was propounded to have given Titus money, as you (hall bear by and by ; and Far tels you, that there was going on fo farre in it, that a paper was read for letters to be fent to the Queen to move her to perfwade the King, but that was not affemed to 5 but it was moved among them. My Lord, The next thing T fliall take, ^s near as lean, was when this was done, and this tranf- aftionpaft over, and the inftruftions fent, that were agreed upon for Commifliontrs at Bredab, then begins the troubles in Ireland- You have heard of a Paper Book fenr, written in fack, and re- turned a year after 5 that come* next : There was lent over from Colonel Bamfcld fMr. hove fays, he knew not the face of the man) but be hk'd his im f ioyment it feems, that would be privie to fuch proceedings from 1 maa he knew not. Thee came a fervant over, I take it from Bamfield, and that was about Chriftmas b ft, rha: is the time expi eft after Dunbar fight. My Lord, This was brought, the letter was'delivered to Potter^nd roeii ^u.crfcription wa> fingly with the letter L. which 1 may fay, may be better applyed to Mafter Love y then to any other, all circumftances confidered 5 yet I irull not conclude irom it, bat though he fayes, he had no letters directed to him, I mall lay as tru'y, that they were tliiefted ro him, as much as to any man elfe, and a little more j For Maftcr Love was very unfortunate,:!)*; tfcefe letters fhou!d be brought to him, read in his houfe; the tr'anfaftions there,aiid Mr. Love to have no band in it 5 this is hardly to be be- leeved. My tortjj ^ the next place arc thefe liters that came (romBmfcld ; if it pleafe you for that I mall read Potter. I received letters out of Scotland frfm 1 • . vith the Utter L upon it, wherein was a $6 The Reply tfthe Corned for the Cemmon-wcdth a. UrnKamtivt of the affairs of Scotland, from Dunbar fight, to the tipe of the dateofthem 9 which (I tbinle)wjt about cbrijlmas. I carried tbofe Letters to Mijlcr Loves, where was one or two more with at, Jaquel, and 1 tbin^ Voftor Drake, we three I am fare of it. There were letters from a name- leffe pcrfon, whom we fuppofei to be Mafter Baily 5 and a letter from my Lords of Argile, Lout bain, and Lowden. Thefe letters wrote for ten thou fmi pounds for buying of Arms and biring of flapping ; and for five ihouf and men to be landed in England. Thefe letters were dijliJ(dand difientcd from -, and it was agreed to give a negative Anfwcr : And we thought fit (for our own fafrty) to raife fome money for the Mejfengcr and Bamfield : the fum* agreed on was forty pounds -, to which I contributed ten pounds. 1 carried the letter to Mr Loves, to ta^e advice uponit. Mr. Lov tazd 1, and Jaquel read tbofc Utters that were opened, and tbofe that were mt opened^ we did open and read, and difcourfe on them > and upon advice refolvedto do-nothing in it : Neither did they reveal it. And then being demanded, whether a: "Mr. Lwexhoufe there was not a difcourfe for railing 4orsool. he anfwered, There was. Being de- manded wbetbet 'etters were nor returned to Bamfield, wick the money fenr him } He anfwered, A letter Wis left at my fbop, snd I apprehended it came from Mafter Love, cr Mr. Drake, (and -faqucl being demanded whether Mr. Vra\e and Mr. Love were not appointed to drawup the ieeter 1 hean- fwcretl, Tcs,tbcy were.) and that is Hotter* teftimony. The next mention is, that Jaquel was prefent there, be i$ fure of it ; Mafter Love bimfclf, and Jaquel. This is faquels teftimony 5 eAt a Meeting at Mr. Loves houfe, Mafter La\t being prefent, Jt was thought fit that forty pounds fhould be raifed for Bamfield. tA letter wis read from Bam held at Mafter Loves houfe, Mr. Love being prefent j Mr. Love declared, benevtrfaw or knew BamSdd. The letter was for five thoufand pounds to hire pipping. And another letter from my lords of Ar^ile, Lou- th un and others, at the fame time and place was read, to induce the Confederates to ^ivecredic to Bam- field. Potter moved that ten pounds might begivtn to the Meffenger that brought the letter, and thirty pounds to Bamfield : which was confidcred of, and nothing laid ag3inft it. There was no agreement 5 but it was thought convenient by all thenprefent. Upon this Mr. Love ask'd Mr tfaqucl a cjueition, and be faid, J cannot fay that Mr. Lost fad, It was convenient : but it was not diffcmedfrom, or [potent, giivft by any. My lord, I fuppofe this is a faubfull relation of what the witness faid. My lord, you have b they would reward him that brought k, and him that Tent it j and thereupon 40. 1. was provided, ten pounds for the mei&nger, and thirty pounds for Bamfield. In this repetition I think Ibave not wronged Mr Love, The next is the letter rbat came from Maffcy and Tim, who were then in Scoria* d ; and in what condition I think every man knowes 5 in what condition they are there : though by the way, I ihould be fori y to repeat that which Mr. Love did fay the Hi it day, That it did not appear ro him, that the Scots were in arms again ft the Parliament oi England, but in arms for their cwn prefervation 5 and therefore did defire Councell 5 here was one of hrs realons why he delired counrell to be informed, Toadvifehim whether they were in arms for th#r own prefervation, or i-a oppofuionto the Parlia- ment of England : This was that M-. Love was pleafed to fay che firit day. My Lord, this ofMsffey and 7 itus gives them an account likewifeof the affairs in Scotland after Dunbar fight too. Ifyoupleaie, my lord, I will read yoa three witnefles to that, and that neitherdoth Mr. Love deny, but that thefc let- ters were read at bis houfe. This is Major fohn Alfords. After Dunbar fight, we metatMr.Lovts houfeinbk lower rcom, vfotre a letter from MiKey was read, which gave an account of the fight there', wherein he alfo wrote fit Arms, memnring his own and Titus vccejfnics. Thereupon a propfaion was made for raifing of monies for the fupplying of their neceffhhs} and five hundred pounds being propounded, it was brought down to two or three hundred pwiAsjo beratfed among ourfeives: Afr.Love did then move for contribution of money to that purpofe ; and I thereupon promifed ten pounds, whnh my manpaiL Tbis,my lord, is the tc&mouy which Afford gives, as to this concerning Maffcy. The next is Adams. When the money was propounded to be raifed for MaflVy and T uncertainly Mr. Love wm then prtftnt', and this after tue Fight at Dunbar ; And the mvey wm agned to be rtiftd by tbcjc to Md&er Loves Defence. 87 tbofc that were private the com fpondency * Mr. Love had ikena paper in hit band, avd did mitt feme thi*£, 1 faw not what he did write, avd fo ezery man that wot there did write what in would levd, J con- ceive Mr Love fumrned up evtry mans (urn. Mafltys Utter was for Armcs, and the money propounded was for Titus and Mafic y 5 ForThus 3 becaulehcwaa fent by tu : and Mr. Los e was there. 1 bis, my Lcrd, is Adams his Teitimony 5 and though bedidnor know what Mr. Lew writ, yet he kntw what Mr. Love moved. My Lord, Here is another, and that is Captain Farr, which I mall make bold to read to the Court iikewife, concerning the fame adion. After Dunbar fight I came femewhat lateto a Meeting at Mr. Loves houfe, where Mr. Lov 'tield me a letter w at come from Mafly, to affift the J{ivg with Money and tArmes, but it wo* not agreed that any Money or Armes could be fern. And 1 under flood from Mr.Lovc they could vot do it . Mr. Love then lifawife uld me, they agreed to raife a fum of money for Titus, Maf- (y^ndGvzvcs^and to be fait to relieve them in their neceffity 5 which j r um ^whether it wot 150 *. or 300 K 1 cannot pofitively fay } but Mr. Love moved me to contribute j 1 told him 1 would give him five pound, whhh I brought wrapt up in a paper } and laid it down on Mr.Losts Table, Mr. Love and fever all ethers being in the room j it was (0 done that there might be v.o difcovery. And Mr. Love asking bim fome Quetttons .upon this, whether it it was done fo by Mr, Love or no, he did not know that, but it wasdonefoby himfelfe, that there might be no Difcovery. My Lord, Mr. Love did not difagree 5 Far being creffe examined by Mr Love, did not fay tbac Mr. Loie did difagree to the fending the mo- ney to M Jjfl) and Tittx. So 1 have done with that particular Iikewife, the receiving letters from ZMaffy, and of the account from Scotland, and the fight there. That which Adims faith, Mr. Love having replyed unto it, concerning a letter writ to the Gencr'all AflTembly and Khk of Scotland $ and in that, my Lord, be is pretty politive. Adams Teitimony is 5 There was a letter written to the GeneraU Affembly and J^irfi e/Scotland at CMr. Loves houfe ; Mr. Love wm fometimes pre fait at thu meeting: which Utter was taken to be pennd by SW.Love and Mr. Drake, und I thought it re be fo becaufe of the Uugttage ofit\xnd that ofrerDrake efcaped all the meetings J \ncw of> were at hie houfe ; and fo my Lord, fay tome others. Being examined, hefayes, I faw letters which were read in Mr, Loves houfe, Mr. Love wot prefent andpruy to the debating of them, and did not declare mrydijfm. My Lord, I have now done with thefe particulars, you havefeen Mr. Love at the end, though you found bim not at the beginning j it is net good to come at the ending of the Qiuirell. Bu:, my Lord, under favour, by the lawes and rules of Juftice, if any ill thing be contrived and plotted, and afterwards any other perfon mall come into the contrivance of it, and carry it on j My Lod, 1 think I mail not need to fay much in ir, but be is culpaple and guilty of the whole, from the raft to the laft 1 And that Mr. Love mould be but a meer Spedatour, a meer concealing perfon, it is very bard to be beleeved by any that are rationall men > for after that once Titui hath done bis en and at tferfey, and gives his account here 5 my Lord, that his tranfaftions, and thefubfequent imploymenr, all that we know of, are all tranfaded, and can'yed on in Mr. Loves houfe, in Mr. Loves S;udy, in lit. Loves prefence : It was not one or two, or three times, which had been enough, and very well had it been for 9dy. Love, ifbehaddoneas Baynsdid, or as Bartondid > tbey when they beard (though that were too muchforthem, My Lord, to conceal, as they have done, yet did confefle ic when required) they left oflf when they heard of it, they would go no further in it, they knew the danger cf it. Mr. Live, my lord, as you will hear anon, by what himfdf bath propofedjwhat judgment 2nd cenftimee led him to carry on this j it was a confeience of bis own Covenanting intereft and principles,for tee Uots,and Religion that led him on to carry on this Defign. My lord, I have done with this,that is the evidence againft him j for Application to it, you have heard the feverall lawes read before the charge opened, that man is guilty of High treafon, and is a Traitour by the lawes of the land now, that doth any way promote, declare, or publifh CharlsStew* art xobe King o( En gUnd. !Mj lord, you have heard the evidence, what liiut hath plotted, what Pnzfce hath carryei en. what Mr. Love hath approved of, and how far he hath cenfented and joyned in the defign. My lord, I (hall fay it again, KTitui and Z>r*J^ebe traitours, as their own guilty ccn- fciences have made tbemfelves judge tbemfelves fo 5 he that flies cenfefleth the fad > My lord, tbey are fled, Jfy lord* if tbey be traitours, Mr. Lowmuft be the fame witbthemj for Mf\ Lct-ewas carrying on, and rnrh agreed, and concurred, and approvejLof carrying on the Ddign that Titn* and Drake have aded - x Conientcrs and Agents are to have tbeiame punifhmenis j in Treaioa theie are no 88 The Reply to the Conncell of the Common-wedth no acceflarics. My Lord, the next point is this j the next Ad is thatoftbe 17. of tfanury, 1O49 Having given you the evidence, you will give me leave novf (hortly to repeat the Law. The firft is for pro, noting Charts Stewart, Sic. That if any perfon (hall malicioufly and advifedly plot, con- trive and endeavour toftir up or raife forces againft this prefent Parliament, and for the fubverfionof the fame, and Hull declare it by any open decd,&c. My Lord, Mr. Love it pleafed toexprcfL- himfeifthat none can accufe him, nor none have fwocna- gainft him, that he hath raifed any Seditions, 2ny Infurrcdion, any Rebellions; my Lordj I can- not lay it fully, whether he be guilty of that, or no 5 but this I will fay (the judgement I (hall leave to the Court upon the evidence heard,) if Mr. Love be guilty of any thing moving or tending towards the railing of Forces, Seditions, or Rebellions, though the thing be not done, yet, my Lord, his Trcafon, thofe practices > tbofe purpofes are Treafon by tbelaw, though they never come to ad 5 we Hull not look, I hope, to fee a Rebellion raifed before we (hall fay it is Treafon, and endeavour a- gainft it $ but for that,how far he is guilty upon the evidence of being inftrumental of the war in Scot- land and to have endeavoured to have a party got in Englandimy Lord,I lhall leave it to your judgment upon the evidence you have heard. My Lord, There is likewife another in the fame law, If any perfon procure, invite,agree,aid or af- filt any Forraigner or Stranger, to invade England or IreUnd, or adhere to any Forces raifed by the Enemies of the Parliament, or Common- wea(th,or Keepers of the Liberties of England 5 this is High Treafon 5 for this you have heard the evidence what M\ Love hath done towards this, ftill upon the fame foot of account it is Treafon, though but propofed and intended, though not aded j then there is another claufe upon the law,that Mr. Love hath iniiftcd upon, of conftituting this Court. But for thofe former I have fajd, and you lha'l give me leave to repeat it again, that chefe lawes offended a- gainft; though in time before this Court was conftituted, yet this Court hath, in exprtfle words,com- miflion and Authority given them by the Parliament, to take cognizance of all Fads and offences, done after that Law, though done before your Commiflion > and that, my Lord, is not to be doub- ted, to be a very good and legall Authority : And yet for this the law that conftitutes this Courr,of the z6oiMxrch 1650. That no perfon after the x^oiMarcb 1650, flnll give or hold any Intelligence by letters, meflages, or otherwife, with Charts Stewart, fames Stewart,or the late Queen their mother, or the Conncell abiding with any of them, prejudiciallto the Commonwealth , or with any that mall be in Armes againft the Parliament of England, or fhill bring or fend into England, Ireland, or any Dominions of this Commonwealth, letters, meflages, or inftrudions, tending to raife infurredions or a new war within this Nation, and flnll not forthwith reveal the fame to the Speaker of the Parlia- ment, or to the Councdlof State, or two Members thereof, or to two Juftices of Peace, mall be guil- ty of, &c. that is a claufe in the law that conftitutes this Court. And no perfon fh all voluntarily re- lieve any perfon in Arms, or that lhall be in Arms againft the Parliament, with any Money, Vidu- allsor Amunition, on pain of death or other corporall punilhment. And whofocver fhali volun- tarily take up Arms againft the Parliament, and lhall encourage others to do fo, flnll die without mer- cy- Thefe, my Lord, are claufes contained in the Ad that conftitutes this Court 5 and I read the law be- fore the charge > and now, my Lord, I have repeated the evidence faithfully, now let it beconfidered howifar the evidence goes with them : There are there Ads of Parliament , I fuppcfe CMr. Love knew not of the next, for he fays, he knew not of that of the i of Auguft, but it was publiihed folemnly at the Exchange, and at iVeftminfter Hill 3 but ignorance cannot excufe him, that no man will pi etend. This, my Lord, is in relation to Scotland, it was made in Auguft: The Battel at Dunbar, I cannot well tell whether it was in September or October 3 in September this correfpondency from Bamfield, Argyle y Lowden and Lowthen,Belcarrk, Maffcy and the reft, were all fince Dunbar fight; that is clear, they were fince that time > the wo r ds of the Law are tbefe, jVhoever, after tbe 5. 0/AuguftJ7;jtf ufe,hold, cr m lintain any correfpondency or intelligence with any of tbe Scots nation refiding in Scotland, without U~ eenfe from the*Parliament, or with any other perfon or perfons of the Scottijb or any other Matior^whcm they %now to adhere to the Scottijh Nation againft the Parliament ; or fl) all abet, affift, countenance cr inccu* rage the Vcottifb nation, or any other perfon adhering to them in their war again ft the Parliiment and Com- monwealth of England, orfballfend, or exufc to be fent and conveyed any money, horfe, armes, Amnnithn, or any other furniture of PUtc, Goods, Msrcbandtfc, or any fupply wbatfoever to tbe Scots, or to at: y port or place thereof \or in their piwer , or in onfed:ra:y $gU$ tbisnx'.hn, tbejefrts are Higk-Tnafon by this to Matter LoveV Defence. 89 this Law. And the high Court of Jufticcarc to take cognizance of the Contents by exprefs provi- iion of chat Law. My Lord, I (hall not need torepe.it the evidence again, but upon thefe (my Lord) I muft leave him to your juftice and judgement to do what in your consciences you think is juft upon thefe Laws, and what M.Love hath done in tranfgrefTion againft them. My Lord, M. Love was pleafed at tbc beginning or this Tiia!l 3 to make fome deep proteftations* I think he did move all honeit men that heard him, and truly I did tbink and did hope, that they were not made with any relation to equivocation, or mentall refervacion > but to a positive deniall of any fads of Treafon, or looking that way; that it had been made in that fen fc, that he had been clearly notguily of anything: But (my lord,) having looked upon them, and caufed them to bee transcri- bed tome, Idoefinde that they arc fomewhat cautious, and perchance they may be true, my lord, in the fenfe fpoken by M.Love, but whether true in the fenfe they ihould have been fpoken by a Chri- ftian in a publike Aflembly, that I mail not judge. His firir proteftation was, in the prefence of God and this Affembly, that I never wrote any letter to the l{jng> or to the Churchy nor to the ^ueen, or Church and State of Scotland in general^ or to any particular perfon of the Scotch 1{ation 3 fince the war be* gan to thievery day. My Lord, this may be true , but whether any letter hath been fent from the King, or from the Scotti/h Nation, or others, or by Majfie or the reft, that (hall bee believed as the evi- dence is. M.Love. It is in my fecond proteftation. At.G.Againffahh he) I do lifawfe declare in the presence of the fame God,! never received letter written to me from the Jiing,orfrom the ^ueen his Mother ,or from the Church or State of Scotland in generator any particular per fov of theScottiJh Ration fince the war began. I proteft &* declare lileewife in the prefence of the fame God, I never colleHed, gave or lent penny of money either to fend into Scotland, or anyfomin pxrts>ei- ther to the fyng of Scots, or to the £>ueen his mother , to the Church or State of Scotland in general ,or to any particular perfon of the Seottijh Nation fince the wars began} but that M.Love did not move others to con- tribute we have not a word of that. Truly, I did tbinke it when hee fpoke it. But it feems thefe afieverations were ftudied to evade, and that be would fpeake true, but not the whole truth. I have gi- ven them but a touch, thefe may be true, my lord,but under favour there is fomething elfe that is as true, and goes almoft as neer as this. My lord, M.Love the laft day had your patience and juftice to make a large Defence, and he was very large in it ; and though hee did beat us down, that are the Counfeli for the Publike, that wee fliould not ufe Oratory , nor flourifhrs, nor Querks of Law, nor Niceties, in which 1 fhall be guided by him, and /hall not doe it 5 yet he is pleafed fully to make ufe of all inlinuations to the Court to trip up every Witnefs upon niceties , upon not expreffion, upon nonfenfe , and fuch (my lord ) which I mall not follow him in: for I lhalldea'e as truth ought to deale in pure nakednefs and limplicity, and not to ufe any Oratory , buttofet the matter of h£t before you, and leave it unto the Court, who are the Judges between the Common-wealth and himfelfe for life and death. But, my lord, you fhall give me leave to touch upon fome few things in the late Defence of his, It was divided fnco four parts. Thefirft, the Charge 5 the fecond, the {Witneffes and Teftimony both in one. The Witneffes for the perfons, the Tcftimony for the fad: The third, concerning himfelfj the fourth, fome pro- pofalls to the Court, which truly (my lord ) might better have been termed rather threatnings, than propofalls. «5%y lord, for the Charge, you b3ve heard it hath been gone through,and the evidence concerning it > concerning the Witneffes f my lord) I have read unto you ('for I do take it upon my confeience) whac I knew, and nothing but what was true, I have not varied that 1 know of a fyilable, and I think I ought not to do it, the duty of my place requires it not from me. Afylord, concerning himfelf, he is pleated to fay fomething , and mnchof his merit, but (my lord, it is a grief to this Court, to my felfe, and all that are wcll-wilhers ro the publike, that any man that hath been a friend to the Parliament, that hath gone along with them, aded for them, fuffered for them, done as he hath done, that this man fliould bee called to publike Juftice; I hope (my lord) all that heare mee bcare witnefs, that I thinke (my lord) wee are all fenfible of it, N Buc 90 The Reply of the Conned for the Common-wealth But, my Lord, look upon who hath been the caufe of it, let thac be look'd into, and every man will be fatisfied in his own judgement and confccince, whether Mr. Love were provoked or no; or whether he hath not provoked tbej>ta;e to bring him to be thus cxtmplary in Jufoce. M. Lflvefayes (my lord, I (hall defire to nuke ufe of the paper,) 1 covfefs it is notfo much the dinger of my life, 1 am afic'hjy man, and I \mw a difeafe will ere long hill me, wbatfocver you doe with me ; but this grieves me more , that I fljould fuffcr from your hands, for whom I have done and fuffrcd fo much in my cbfiure ftation, and According to my weal^ mcafure. Had I beenfo dealt with at Oxford at the Jun&o there 1 but to be (0 dealtwithall in IVeftminfter-ball, this troubles me. And my Lord, it doth trouble mc to deal fo with him.MyLord,whether may we or himfelf better take up this complaint?Had the State been thus ufed by aCavalier,by a pofeft open encmy,it had not been Co much trouble to us,you would have come to juftice upon a little moredefuc than now : But that M. Love, a Miniiter, a Afinifter of the Gofpcl, a man that hath preached for us, prayed for us,a&ed with us, gone along with us,that he mould go to undermine us, thac he fliould be joyned,or in confederacy with others to undermine the State,where he did live peace- ably and quietly,where none interrupted bim;he had a free liberty,as much as a King in this Common- wealth ; Truly that M.Love fliould do this, it is (I think,) an aggravation, and not an aggravation up- on the Court or State; that they mould profecute where a man is profecuting them 5 what hee hath done, my Lord, you have hesrd; what his offences have been, and who gave the caufe 4 that a Minifter ihould doe this, one that had a calling otherwhere, and better to imploy himfcif , than to meddle with States, and Secular Affairs; and thefe things to be done i nM. Love's houfe, and in bis Study, where be mould have been ftudying better things. My lord, nexchefayes, I could not leave fuch -relations as I have, nor fuch a loving people and competent living as any Minifter hath within London, onely Confcience carried mee another way, and till Confcience bee fatisfied, I cannot ftirre one jot. My lord, this his Confcience, I do not know what it hath to do in Government, or what Mr.Lcves Confcience had to doe in thefe affairs; He had a calling of his own to ufe , and mould I goe out of my calling and meddle with other men, I humbly conceive, I were a bufie body. M.Love had a cal- ling enough for any one man to imploy himfeif in, andme-thinks, when he fayes he had fuch a rela- tion to a loving people, a competency of livelihood, that he mould not apply himfelf to return to them, but to wander abroad; and when we once wander, it is hard coming in again, till perchance we are fetch' d in again with the whip. But (my lord) Mr. Love had other relations of wife and children, which he might have look'd upon a!fo, and taken care of them. Inthelaft place,heispleafedto fay, (and that I believe hath carried on this defignj The Covenant Intereft, you have heard what Titm did, what Drake did, and what the reft did, that all this it was upon the Covenant , and the Covenant is urged, I am fure, to things the Parliament batb forbid. M.Love ispleafedto declare himfelf ft ill to retain his old principles, from which (by the grace of God) hee will not betaken off by any terror. My lord, you will heare by and by what the Covenant hee fup- pofes leads him to , and (my lord) I lhall take it afunder, and bring it next, if you pleafe, that is, the Covenant Intereft. Saies M.Love, Though I own not the way of managing any papers, 1 neither writ them, nor fent them, yet thus far I own the thing, 1 confefs it was agreeable to my judgement and confcience, and I thought tbeintercft of godlinefs would be more promoted if the Kjng went into Scotland upon Covenant- terms, it would be more for the good of the Nation. M.Love, No Sir, thofearenot my words, I faid,tkanto fall in with the Irifh Rebells , or to offer this Kingdom to the Spaniard. I thought a greater foundation of trouble would be hid, if this re- ception were not laid by that Nation: and the Covenant hath a claufe in it, that we are to feek the good and union of bo;h Nations ; and they are judged to be incendiaries and Afalignants that not onely di» vide the King from his people, but the Kingdomcs one from another. Now they declaring him to be their King,accorc!ing to my apprehenfion,Z thought it agreeable to my (Covenant to pray and defire as a private man, ani no more, that there might bee an agreement upon thofe terms confifting with Religion, and the terms of t!ie Covenant. At.Cftn.Buz had you gone on as a private man v \f.Loi/:,we had not ftir'd you now:My lord,thisjs plain of it felf,what intereft this ^bvenant-intercft is,till the King & the peoplein the two Nations,&c.Tru- ly,my lord,M.Lwe is plealed to cxprefs himfelf fom what obliquely againft the p, efentGovernment.He faith , My Lord, When I look up 011 aU the Vowes, Covenants, Declarations : fPr deflations of both Houfes of Parliament, J find a futablenejfe between my judgement and them, and ant not con fc iota tomyfelfeofany tbhg to Matter Love'/ Defence. > 91 thing Ibivt done in oppo/ltion or contradiH ion thereunto 5 I repent not of whatfoevcr lhavc done, though / could wijl) the ends of that juft War hud been better acccmplijhed: then jhould we have been happy s and united anting our [elves , and honoured among the Nations round about ut. J am fo far from repenting of what I have done, both by doing, andcontribut'ir^, and [offering in the Parliaments Quarrel, that were it to be done againeupontbe fame unqueftionable Authority, for the fame declared ends, and againft the famcZMa- l gnant pet [ons , I Jhould rnanifeji as mud? rcadinejfe of mind to engage according to my mca- furc. 9 After this, where he. bad mentioned his troubles ac Oxford, when a Schollcr there, and at London, when he came to a Lecture here > ac N.ewcaftle,whtn he fpakc for the Parliament there $ and in Kent, when be fpake againft the King there ; when thefe were over, after this he had a little breathing,whilft the two Houfes of Parliament were in power : This Gentfeman was troubled in the time of the King, in the time of theBilhops, in the time of thefe Wars, for being for the Parliament : But I appeal to his own confeience and judgment, whether ever he was troubled ordifturbed by this Parliament, or by this Govemmenc of the Commonwealth, whether he had not as free and as full liberty to preach the Gofpel, to inftrud others, and to fave fouls, as his heart could wilh S and I defire to know whether e- ver the Parliament did enterpofe with him, till he did interpofe with us. He wen: out ofbiiway,my Lord, he was quiet and fafe in as much fecurity as any of us > and, my Lord, even thofe that were the Watchmen for the fafety of this Commonwealth} did wa'ch and take as mucb care, even for his pre- fervation, as for any one of ours, and thus he hath requitod them. My Lord,I will repeat i: : I ap- peal to his own confeience, and co any of his friends here, whether ever, till bis judgement and con- feience did interpofe in State affairs, to difpofe of Kingdoms and Commonwealths, whether ever hee were in the leaft interupted. My Lord, He fayes Lirnfelfe, when he came to be a Lecturer in London, the Bimop would not ad- micof him in three years,yec (my iord)he is admitted here three years,and none hath interupced him 5 and your felfe lay, you have a competent liveiihood ; and a people very loving to you,and you might have fo continued if you would. My Lord, His propofalls to the Court , I do fay, were hardly fair propofais, for they had a little of threatning in them 5 For (fayes he) if you cenfure rather upon a Politicall intereft, then of the mer- ritof the Fad, the Scripture counts it not juftice, bucmurther; Truly fmy Lord) I think juftice is a politicall intereft, the prefervation of the Generall 5 but furely I do not think the perfon will come in judgement before you, but the merit of his Fad > and as yet 1 mayfay, I fuppofe the Treafons hee hath committed, if thofe find him guilty, if the Court finds him guilty of thofe fads laid to his charge, and if you are fatisfied in your judgements, that they are proved ; my Lord, iris Juftice, not mur- der} and it is Juftice, thac which politicall intereft requires of you, that Juftice be done upon the Pri- foner. And he is pleafed to fay in his faft Deience, That be denyed the commiffiou to be fent, and entiruling the Presbyterian Pnrtytoit : and he hath acknowledged ic had been very high prefumption if they fhould have done it, and a notorious falfe- hood .* and in that I joyn with him 5 and whether be hath not done fo (my lord)thatI Ihall leave to you. That the Presbyterian name was madeufeof, you bave bad many concurrent evidences, and Mr. Love was prefen: when thefe things were mentioned; and if it be a fault which bimfelfe hath acknowledged, it is right done to the Presbyterian party, who,I am Cure will not owne him in it. My Lord, Buta word more ; this laft day he was pleafed to mention his Sermon, which made me a little to enquire after ic, ic was preached at Uxhridge (my Lord, I had the honor to be at the Treaty,) which hath been fomuchfpokenof, and truly I wonder this Gentleman did not remember what he laid then} ifyoupleafe fmy Lord) I Ihall put you in mind of fome pafTages ; I have rhe Sermon here. Mr. Attumey Generall reads out of the boo^ which he [aid vpj/s !Mr, Love's Sermon. 1 have ever thought that too mucb mercy towards Malignants, bath made more Delinquents then ever Juftice hath done. Mercy fhould not weigh down Juftice (my Lord, thefe are good I nftructions,) inGod they are both equall, why Jhould it not be [0 in man ? Pity tothe bad, hath proved cruelty to the gnody the fpxringof offenders hath made many wor[e,fewor none better (and my Lord, we know u.)To them that have (})ewed no mercy, let judgement be Jfjcwcd without mercy ; mucb guilt contracted, much innocent blood fpilt, which either muji be avenged on m,or by ws ; My Lord, that isoneof hisclaufes, and here isanother; 2. The Lord heals a land, by cutting off tbo[e diftempered members that endanger the health of a land ('here is good Dodrine my lord) It wis the Lord troubled Achan and cut him off, becaufebe troubUd Ifrae! : N z Ob 92 The Reply of the Coined for the Commonwealth Ob thxt in this our StuefPbyfitiim would refemblc God, to cut eff tbcfc from the land who have diftempe- rcdit} 1 fuppofe he nuanc, oi-Jbilldo', that (my lord J w-s his opinion then : Andthofe who lie nndet the guilt of much innocent blooi,xre not meet perfons to be at peace with, tiU all the guilt of blood beexpixtcd, either by the Swjrd of the law, or the liw of the Sword', and a T?eace can never be fafe nor jujl till then. What M Love hath in dcavou;ed lince (my lord,) I lhail fay nothing ; and I have but one word more, and it is this, my lord, he fayes it is noc likely to hare a peace with iucb men as thefe,the malignant par- ty, while they continue thus, l^c cm afim make fire and water a>rcc , yea, lhadalmofi faid, Heaven and HeU,M their fpirits and oursjor either they muft grow better, or we worfe y before we can agree. My lord, Ithinke there is little hope of their growing better, and my lord, we have not grown worfe- My lord, I mill trouble you no further, I lhall ufe nothing of aggravation, but as juftice is blinded, to let the evidence appear to you in pure nakednefs. My lord, you have heard the evidence fas I humbly conceive) in the fame language, in the fame habit, in the fame words as fpoken by the Witncfles; And (my lord,) having heard chofe, and the Lawes, and the Charge againft him, upon the whole I fhali humbly leave him to ftand, or fall by your juftice and judgement- M.Love. My Lord, I humbly crave leave to fpeak but one word, M. At.Gen. hath replied to my Defence as to the matter of fad; concerning his Reply I /hall not infift upon it, yet I Lhall humbly crave leave to inlift upon two particulars. — — « At.Gen. li I have given any new evidence, !Mr. Love ought to be heard j but (my Lord) I have de- clined it > and for thofe paffages in his Sermon, I do not urge one word of evidenceagainft him,and for the reft they are his own words which he hath faid the lait day, and I have brought nothing new be- fore you,and if the Sermon preached at Vxbridge fhould be an occahon, I lhall caft it afide. Mr. Love. I humbly conceive there are new fuggeftions exprefled in Court by thofe worthy Gen- tlemen, whofe names 1 know nor, nor their imployments neither 5 but as to thofe I fhall humbly ci ave leave in a word or two j and then as to the whole macter of the depofuions I mall humbly offer fome matter of law anting upon the whole matter given in. ■ At.Gen. I fhall crave leave too (my Lord) and leave it to you, for any fuggeftions, they are but fuggeftions, as Mr. Love fayes himulf, and that is nothing for the evidence: Mr. Love ( my Lord ) had the laft day, & I (hould have this day jbad he faid he had any thing to fay,or if be had had any thing more,he might have faid it, I did wait if he would have faid any thing.-Butfmy lord^when the whole was clos'd,and no new evidence.-I did not anfwer all the fuggeftions of M.Loie the lait day, his evidence & depofitions wil conclude theCourt,that it is not fuggeftions and inlinuations,tbe Court are above thofej when the evidence is clos'd for the Common-wealth,let it be concluded thereof they offer any now evi- dence, Mr. Love may have liberty to anfwer. M.Love. Though I dare not tax M,At.Gen.(or difcharging bis duty in his place,yet for the preservati- on of rny own life, I muft not be wanting to my felf,if your Lordihtp and the Court will give leave, and that is humbly to beieech your Lordlhip to take notice, that M.At. Gen. in the relation o! the matter of fad in the depofitions is pleafed toraifethecorrefpondency(as he is pleafed to call ic^aihigb as Jerfey, and fo makes me to be Purticeps crimlnU^h^t 1 fhould be judged by you upon the whole matterjnow^k ford upon, oath did declare,thatPr^e & Tim held correfpondency,& that the Minifters knew nothing of it. At.Gen. i do not fay you did. M.Love. Therefore I befeech you I may not be judged upon that matter^and then I befeech your lord- fhip to obferve that M.At.Cjen.is pleafed to fay,he would not infift upon inferences nor ftrains of wi:, but truly I have difcerned both. LPref. Ycu totally err from the way you ought to walk in, and take upon you to judge others. The Court will confider whether be ha:h offer' d any thing or not,we have Notaries , and fo have you 5 you fpent thelaft day on'y in making Comments &Colledions,ye: that you might have fomeliberty of dif- cou:fe,we fate here patiently two hours,and did hear that which we ought nor,nor you ought to have fpo- kenjand now you aieentring the fame way of inferences and coIhdions,as though we did not fit here to take notice of what wasdone,but we muft receive thelaft word from you and your Commenrjif you had had new matter the laft time, you might have been heard, weexpeded you would have brought new witnefles, but they were in the fume crime with your felfe, and you would rather betray your felf, then them; and God and the Truth than them; but wee will bee as carefull of any Comments as you your felfe can bee : and ihinke chat wee have fo much piety and charity, chat wee fit bere with to Majler LoveV Defence. 93 with as good affeftions of Juftice and Piety, as are in your own breft J this book was not given as evi- dence ngainft you, and all that is in your comments, we lhall undciftand if. D\/ir. Lovt. My Lord, I have only one motion, J have fome matters inlaw to offer to your fo'rdmip toconfidei by way of exception to the Charge, and alio to the depofitionsof the witnefles jl have a pa- per that I humbly defire might be read in Court as matter in law arifing from the Chaige,and from the ikpolicionsof the witnefles. sAt.Gen. Wby did you not this before i Mr.Lcve.l am ignorant of the cuftomes of the £ourr. L.Tref. I beleeveyou have wronged your own breft in many things you have faid,and you have faid you have been ignoranr,in many things that you have known very welljit is not goodtodally,you will be ignorant at one time,and at another time more knowing then others. SMr.Love. I befecch your Lordlhip,it is a new fuggeftion of the Att. Gen. that concealment of Trca- fon for a trad of time, is Treafon. L. Tre/l There is no new words of fuggeftion 5 if Mr. Atturny hath not fpoken it,nor read it accor- ding to the truth,we will examine it. Mr. Love. He hath done it with difadvantage to me. L. Pref. If he have, he mall not doit with difadvantage to us, for we will be as indifferent as you:- own breaftj therefore be not you a commentator of that, we undcrftand fo well as God inligbtens,for whether hee hath done it with advantage or difadvantage , that is our part to confider. Mr.Loie.1 defire to have councel upon this matter of law arifing from the evidencejthat concealment of Treafon by your Afts,fuppofe it be for continuance or trad of time,yet by the law it is not Treafons: and my concell informs me, that the Aft of the 16 of Afdrcb,that conftitutes this Court,gave you power to inquire into Treafon, but could not take cognifance of mifprifion of Treafon, till there was a lubfe- quent Aft; therefore I defire this favour, that feeing it is fo much fuggefted in Court, and feeing the witnefles none can prove a perfonall Aft of mine,to bring me under your law, as to Treafon, I defire mycouncell to clear this,that concealment of Treafon, though for never fo long atraft of time, is not Treafon by the law of the land. tAt Gen. I will outMr. Love ofthatfcruple, he is not charged for mi fprifton of Treafon, thoughl could have done i: ; but that I infift upon is flat Treafon. It is tvut^Thomas W r itberi?igton was pleafed to expreffe it in the way of Argument, that concealment of Treafon long, comes to be Treafon 5 but here are afti, and I infift upon the evidence,and the Court will judg,for they have heard the evidence. CWr.LoveJ befeech yourLordfhip that the paper might be read,the exceptions that I have againft the Indictment, and the matters of law arifing from the evidence. At.gen. My Lord, Truly I profeffe,! hope I am not in my nature cruel,tbat I fhould dolnjury to Mr. Love: but (my lord jl cannot favour him to do injury to the law of the nation. My lordjhebath one by him that hath taken every word of the charge. CM. Love.l did plead upon your lordfhips promife,that I fhould have a fair and indifferent hearing,and if matter of law did arife from matter of FaftjWhich could nor,you faid,be known til the witnefles were depofed, 1 had your lordfhips promife,and I think the Courts,that I mould have counfel to plead to mat- ter of law. tAt.Gen. My lord a I think here is no legiflative power in this Court to change lawes- My lord,I ap- peal to all here,whether the evidence we gave were not clofed upon Saturday, and all the depofitionsj whether Mr. Love did not take care and pains to make hisowne Defence, as to matter of fa ft, and fpent fo many hours on fVcinefiay laft. My lord,tae had all before that,if be bad matter of law,it was more proper to move then j but when he hath gone fo far,and we have clofed alI,do but confider the con- fegucnce,that when this is done and all the evidences heard,then to come with matter of law 1 L. Pref. CMr, Love, that you have faid hitherto is nothing but of the fame nature of that you faid the laftday, andthe Court will take it into confederation and judge of it 5 but if you have any thing in your paper, that is fo included upon the evidence, fori tell you the evidence was ended the laft day, and your reply} and if you had any thing>you fhould have offered it the laft day 5 here ha:b been nothing new offered concerning you, bat as it is ufuall for the Councell for the State to ftate the matter oi Faft totheCourr, for they-have the laft word j but you had fully ended before, and (hall we go out of the way for you, more then for a whole Generation which the law runs unto> I do not know how to do it y you had this paper in your pocket, you might have pulled it out, and you have had time in a nearer de- gree to it 5, yet the Court is willing, if you can out of your paper, by advife of Councclljfhonly read what 94 The Reply of the Cowcclfor the Common-wedth^c. what you read upon for matter of Law, they will hear it, if (uch exceptions as are not of your own,but by tbe advice of Councell. Mr. Love gives in his Exceptions. Exceptions taken by Cbriftcpbcr Loze Clerk, To the Charge of high Treafon, and other high* crimes and offences, exhibited to the high Court of Juttice againil him, by Ldmmd^Pride- auxE(q> Atturney Generall for the Common- wealth of England. Tbefe Exceptions art not here printed, for that tbey come in more properly afterward, being again in fubjlance given into tbe Court 3 andftgned by Mr. Loves Councell t and tbe fub fiance oftbem then debated in court by 7Ar. Hale, a Councell for CM. Love. Att.Gen. My Lord, you have now fome fruits of the Notary : By the law of England, he that is impeached of high Treafon, is not to have the copieofthe Indictment > it is faid, the Court are Judges for the prifoner, and Councell for him : To you all things be fubftantially charged. That chere is a fubftantiall Charge, the evidence makes out. But this precedene being admitted, and the former of Lilburtfs cited, I (hall have little encouragement co go on with any Charge of Indict- ments. L. Prcf. Though it be more then the law permit** yet the Court will take confideration of ir. Att.Cjen. He did read his papers : I think it is more then ever was heard of in any Court in the world: but to take his papers in by your Clark j I hope this is no Replication to the Charge, I hope be anfwers not that way 5 then we mall difpute that way again : If he give papers, I may, and as EmbaiTadors, treat by papers. L.Pref. Mr. Love, we have gone out of our way for you, and whatever hath beenfuggefted by the Councell this day is nothing, unlefle they had offered new matter > and they have offered none: and therefore it is againft any law that was ever yet pra&ifed in England. You were concluded before $ though haply the negleding of it might have been a prejudice to you $ yet you have offered a paper which the Court will take as a paper to confider of. The Court adjourns into tbe painted Chamber : And upon their return 3 the Lord Pref./p^x. L.^Pref, M.Love, our long abfence upon this account may feem to you and others, that we have had fometbing of great difficulty among us,which we have conlidered of. That which hath been upon your papers laft offered, in which you have fee down the parts of the Charge,, and the Statutes, and your Exceptions j.Thefe we have confidered of. Buttothefe, though you do affirm it here to us, that it is by advice of your Councel 5 yet it is not under your Councels hand, nor your own 5 which in order it mould be J we have confidered oftbem, and our examining of them hath taken up a great deal of this time we have been abfent. We finde that there may haply be fome miftakes in your Notes J Therefore it is refolved, though there feem not much difl5.cu(cte to us, yet ycu lhall have Councell $ thus doing, that they (hall fet it down under their hands, what matter of law they will argue to, and bring it under their hands upon Tuefday next at eight a clock, to this place, or to tbe Painted Chamber. Mr. Love. Shall the Councel have onely bare liberty, or will the Court afligne them me ? L.Pref. If youdefireit, and name tbem, tbey (hall be affigned you. M.Love. I defire_gf r. Maynard^ Mr. Hale, Mr. Waller, and Mr. Archer. Tbe Ckr\ wot called upon to read the Order. CUrk. Friday, the 27 of June 165 1. Ordered by the High Court oftfuftice, That if the Prifoners . Councel Jh all under their bands affigne any matters of law fit to be argued and prcfented to this Court, en Tuefday next at eight a clock in the morning, this Court will take the fame into further confideration. Mr. Love. 1 would know whether they are affigned to plead here in Court, or to bring a paper under their hands. L.Pref. If they will under their hands fet down what they will ftand to for law, it lhall be confider- ed, and they (hall plead. M Love. I humbly thank your Lordihips favour, and the favour of the Court. Mr. Love U eommmdei awuy. The Court adjourns. Tbe Exceptions againfi the Charge of High Trenfon^&c. p 5 The fifth Dajes proceedings, July the 1 . 1651, T.hefe Except ions following figned by Mr, Love's Councell, were delivered this morning by Mr. Love's Solicitoar into the Court , fitting in the Painted Chamber. Exceptions to the Charge of High-Treafon, and other High Crimes, and Offen- ces, exhibited to the High Court of Jufrice, by ZdmundTrideaux E(q; AtturneyGenerailfor the Commonwealth of England^ againft chrifto- pher Love Clerk : And Matters of Law humbly prefented to the faid High- Court, according to the Direction of an Order hereunto annexed. For this Order, fee the fore* going page. ^irft *""I-*He Charge is, That Chriftopher Love as afalfe Traitour, and Enemy to the Commonwealth of I England, and tut of a Traiterota and wicked *Dcfigne, to ftir up a new and Bloody War, and to raife Infttrreftions, sedition and Rebellion within thit Ration, in fever a 11 dayes and times, that Utofay, in theyeersofour Lord Godi6$%, 1649,1670, 16^1, at London and in divers otherplaces within this Commonwealth of England, and el fe where, together with William Drake, and divers other per* fotts, did traiterwfly combine, confederate, and complot together, to jlirand raife Forces again ft the pre- fent Government of thit Nation, fince the fame hath been fetled in a Commonwealth and Free- State, witheut a, Kjng and Houfe of Lords, and for the fubverfion and alteration of the fame. The Aft of the 17 offuly 1649. is, That if any perfon mall malicioufly or advifedly plot, contrive orendeoYour to raife forces againtt the prefent Government, or for the fubverfion or alteration of the fame > and Hull declare the fame by open deed, that every fuch offence (hall be Treafon. Exception 1. The words Malicioufly or Advifedly are left out of the Charge. 2. That the words of the Aft are omitted,which are, Plot,Contrive or Endeavour, I . It is not Treafon wichin the Aft to plot, contrive,or endeavour,to ftir up or raife Forces againft the prefent Government, or for the fubverfion or alterarion of the fame, unlefle the fame be declared by fome open deed. But the Charge is, That Chriftopher Lost did combine, confederate^ and complot, to ftir and raife up Forces againft the prefent Government, (pc. and it is not charged that he faid Cbrifto- fher Lovedid declare the fame by any open deed. Secondly, Whereas the faid Chriftopher Love is by the faid Articles charged, that for the Subverfion, and alteration of the fame, and to carry on the faid tratterom Defigne, that be did Traitcroufly and Malici- oufly declare, publifh, and promote the cldeft Son of the latching to be King of England (meaning this Commonwealth^ without the confent of the people inTarliament, fir ft had, and fignified by Authority or Ordinance to that purpofe. The Aft of the 30. of January 1648. is, thacno perfon do prefume to proclaim, publifh, or any way promote Char Is Stewart, fonofthe late King Charls, commonly called, the Prince of Wales, or any other perfon,to be King, or chief Magiftrate of England,by colour of Inheritance, Succeflion, E- leftion, or any other claim whatfoever. Exception, It is not exprefly charged that the fame was done after the faid Aft made,neither doth the Charge purfue the words or intent of the Aft. Thirdly: The Charge is, that to accomplift) the faid trayterous and wicked defigne, the faid Chrifto- pher Love, on feverall dayes and times in theyeers aforcfaid, at London &c. together with William Drake and other perfons, did tray tcrouQy and malicioufly invite, aid andaffift the Scots, being Strangers, to invade thU Commonwealth of England, and bath adhered to the Forces of the Enemies nifed agaivft the Par- liament The- $6 Exceptions dgaixtf the Charge of High Treafon The Ad of the 17 of fitly 16^9. is, that if anyperfon (lull procure, invite, aid or aflift any Foir«i«ners or Strangers to invade England or Ireland ; or (lull adhere to any forces raifed by the enemferofthc Parliament or Commonwealth, or Keepers of the Liberties of England $ every fuch offence lhali be taken to be Treafon. Except. 1. That it is not allcdged in his Charge who in particular Were the Strangers that were invited to invade England. 2.. That it is not alledged, that at the times of the invitement, aid and afiiftance laid in the Charge, the Scots were ftrangers. 3 That it is not alledged particularly in the Charge, to the Forces of what enemies raifed a- gainft the Parliament, Chrifiopber Love did adhere. 4 Itchargeththe Prifoner for a treafon able afliftance in fome yeers that were before the faid Ad of the 1 7 of July 1649 was mlufe and main- t.iin correfpondency and intelligence by letters, meffages, infiruBions or ctherwife, prejudiciall to this Com* monwealtb>witb Charles Stewart [on of tbe late Kjng, with tbe late ^ucen his mother .and with Henry Jer- min, Henry Piercy, and divers other per fons being of Councel and abiding with Charles Stewart. By the Ad of 26 March 1650. the matters charged herein are onely prohibited, but are not made Treafon. Except, 1. That this charge is miflaid, being charged to be done traiteroufly. 2 The charge is uncertain, being alledged in the disjunctive (or otherwife) and (hews not in what other manner. Fifthly. The Charge is, That Chriftopher Love, within the times, and at the places afore faid , did traiteroujly and malkioujly ufc, bold and maintain correfpondency and intelligence with divers per fons of the S cotifl) 'Ration 5 that is to fay, with the Earl o/Argile, and others of the Scotijh Nation, and with divers other per fons of other Nations, whom Chriftopher Love well \\j\ew to adhereto tbe faid Scotifl) Nation in the War againfi tbe Parliament. The Ad of the 2 d of Auguft 16^0. is, that all and every perfon that (hall ufe, bold or maintain any correfpondency or intelligence with any perfon or perfons of tbe Scotifh Nation, refiding in Scot- land, without the licenfe of the Parliament, the Councel of State, or the Lord Generall ; or with any perfon or perfons of the Scotifh or any other Nation whom they (hall know to adhere to the Scoti(h Na- tion in this War againft the Parliament. Except. 1. That it is not laid, that the perfons of the Scotiih Nation mentioned in the charge, were refiding in Scotland, nor exprefly alledged that they did adhere. 2 That it is not averr'd that fuch correfpondency was holden without the licenfe of Parliament, Councel of State, or the lord General, nor in what war tbe correfpondence or intelligence was held. I It is not laid with what particular perfons of any other nation adhering to the Scotiih Nation, correfpondency or intelligence was holden 3 nor of what Nations. 4 This correfpondency and intelligence is not laid to be after the ? of Auguft 1 6 ?o. mention- ed in the faid Ad of the 2 d of Auguft 1650. but refers to a time preceding that Ad. Sixthly. The Charge is, That Chriftopher Love, within the times and at the places before mentioned, did traiteroujly and malkioujly abbet,affifl, countenance and incourage both the Scotifi Nation, and divers 0- ther perfons adhering to them in this War, again ft tbe Parliament, And did (end and convey, or caufe to be fent and conveyed, Moneys, Arms, Ammunition ,ani other Supplies to Scotland and other places y and to the faid Titus, (?c. in confederacy againfi this Nation, without licenfe of the Parliament of England^r Councel of State,or Generall of the Army, The Ad of the 2 d of Auguft 16^0. is, that no perfon (hall abbet,a/fift, countenance or incourage the Scotiih Nation, or any other perfon or perfons adhering to them in their war againft the Parliament and Commonwealth of England 5 or (hall go, or fend, or caufe to be fen: &c. any money, Horfe, Arms, Ammunition, or other Suppiyes into Scotland &c. or to any perfon under their power, or in confederacy with them againft this Nation, without the licenfe of the Parliament of Engiand, Ccun- cell of State appointed by their authority, aniof the C3ptain General! of the Parliaments Forces as aforeiaid. Except* Exceptions to the Charge of High Try a [on 9j Exctpt. I. That there arc no particular pcrfons named, who woe abetted, aflfifted , counte- nanced, or incouraged, nci;hcr of the Scottifh Nation , nor of any other pcrfons adhering to them. » z. In the Chaigfjthe fending of mony, &c is laid to be don: wnuouc the licenfe of the Parlia- ment of England, or oftbeCouncei of Srate, or Generallof the Army. The words of the Ad are, withoucthe licenie orthe Parliament of England, or Councel of State appointed by their Authority ,or of the £aptain Ger.erall of the Parliaments Forces. j. The time to which this refers,is between the 29 of Mircb 1650. andthei. oi$unc 1651. and fo it takes in the time between the 29 of Manb 1650, and the z d of Auguft j£$a. which is before the making of the Ad- Seventhly. The charge is, That the fad Chriftopher Love ,at\the times and places before mentioned, did Tfditeroujlj) and Voluntarily relieve tbefaid Sylas Titus, and one Scerks a Scotchman, which then were and yet are under tbe power of the Scott: fh Nation, and in Arms agiinft t be Parliament of Enghnd,witb Moneys, Arms, and ^Ammunition. By the Ad of the 26*. of March 165:0. the matters charged herein, are only prohibited, but not made Treafon. Exctpt.i* That this Charge is miflaid, being charged to be done Traiteroufly. 2, Ic is laid to be at the times before mentioned, whereas there are leverali times before mentioned i fo as it is uncertaine to which of thofe times this Charge relates. 3. And of thefe times fundry of them are laid to be in feverail years before the making of the upon Ad which this Charge is grounded. Allegations by Chriftopher Love tombing the matters andproofupon the Charge. Though 1 do not conceive any fufficient proof is made of the Charges againft me,yet I mall be ready to make it appear upon proof. That one of the principal! witneffes bath depofed againft me upon promife of reward,and upon me- nace of punifliment. That one hath received extraordinary rewards for bis depafing. That diverfe of tbe witnefies againft me have been by their owne confefsion deteded of contri- buting of fupplies and afsiftance, fending and receiving letters, contrary to the late Ads. That no two lawfull witneffes produced prove any one Trcafonable fad. That no witneffe doth depofe further then concealment , or mifprifion of Treafon at the moft. Chriftopher Love, As this cafe is ftated, we conceive thefe queftions may arife. 1. Whether in this cafe thefe be lawfull and fumcienc witneff:s,as by law is required. 2. Whether here be two lawful! witneffes, J. Whether any concealment of Treafon be Treaion within the late Ads. We have notfeenany Authenticall copies of the Charge or Evidence > but upon the copies wee have feen.we humbly conceive fie to tender thefe matters and Exceptions to the confedera- tion of this High Court- And weeihall be ready to fpeak to them, or any of them, or to any other matters atifing upon the cafe,as we lhall receive further diredions. Matthew Hales. $>cbn *Arcbcr. Thomas Waller. After tbe Court hid received tbe precedent Exceptions, and were fat in Weftmin fter Hall, Mr- Love »# commanded to tbe Bar. When Mr, Love appeared at the Bar 3 hedefired the Court that his councell might be beard to thefe Exceptions. And when Mr. Archer and Mr. iVjXter, who were of his councel I, appeared in Court, the Court demamded of them,whether they were of Mr, Laves councell ? they anfwercd, they did under- itand they were affigned to be of his councell by the Court } then the Atturney Generall demanded of tbem, whether or no they had fubfcribed the Engagement jthey anfwered,they had not dene :'tj-ind fpake further to this purpofe^hat th.7 were by the Court afsi^ned to be of Mr. Loves councell, and were O fent 98 Mr. Kales his Plea. fent for into the Court, and in obedience thereunto they had appeared, and were ready to fpeak, • if they might be heard. It was demanded of them by the Court, whether or no they would fubferibe the En- gagement I they anfwered,Thac they delired time to confiderof ic ; and fo withdrew. Afcer'they had withdrawn, Mr. Love moved the Court that Mr. H.*/ej, another of his counccll^night be fent for. Upon the coming in o/Mr.Hales, the Lord. T? repJcnt faid. LSP. You come as councell for M.Love,the Gentlemen that were here,are brought into an incapacity of doing him fervice that way 5 we asked them whether they have ingagedewe doubt noc you,but tell you the reafon why we did ir. Mr. Hales. My Lord, I have done ir. L.Pref. Therefore you are afligned. Mr. Halts. I had very late notice of this bufinefle, it was Saturday night late before I had notice of it, and the next day was not a day to think of tbofe things. Ycflerday was Munday, and the moft part of that day I fpent in looking over thoie things that had been (I think) prefented to your Lordftiip and the Court 5 we did not know what command your lordfhip would put upon us, whether you would ad- mit us to fpeak, and to what you would admit us to fpeak, and when you would admit us to fpeak. t is impollible (my lord) 1 mull de.\l plainly, I profeifeit is impofliblc for me,in a bufmeljeofrbis great confequence,to undertake to fpeak any thing for the prefent, till fuch time as I know your lord- Slips directions, and this was that we acquainted this Gentleman with aflbon as ever I faw bim, and the firft time that ever 1 faw him, which was but this day. Att. Gen. I think that Mr. Hale s hath put fomewhat under his hand. Mr. Hales. We have done fo. Att.gen- Nay you ma fill and fmgle, the other two are fet afidc, it muft be yononly, I fuppofe Mr. Hales knowes what he is to fpeak to. Mr. Hales. Truly we know what we are to fpeak to, but to fpeak upon fuch a bufinefleon fucbafud- den, when we did not know what directions the Court would give, that I could not undertake , and I think Mafter Attourney will not prefleitupon us, it were a hard cafe if heihould. Att.Gen. Mf . Hales knowes as well as any man what is to be done in thefe cafes, none better then himfelfe, the Court ufeth not to aflign councel to pick fiawes, but tbofe that are juft exceptions, and the C'outt is doubcfull too,how they will allow councell to debate them, and ftand to the judgement of the Court. I fuppofe he comes to fpeak to that that the party bath alledged. Mr. Hales. It is true, we do fo; but Mr. Atturny General knowes likewife,that when matters of law are afligned, that there is iome reafonable time, we expeft not lone, butfomereafonable time is afligned alfo for the parties to prepare themfelves,for truly otherwife I mould not do that duty I ow to the Court and my Client, if I mould fpeak ex improvifo , in fuch a manner as I have done £ for the firft time I faw any thing of ir, was on Saturday night, between eight and nine of the clock. L, Pre/! Though that was the firft light of this paper, asit is now fetdown, it was not the firft no- tice you had to be of his councell, but himfelfe hath declared it here long agoe, that the former paper was by your advice. Mr. Hales. No (my lord,) if he did fo, I will plead not guilty. L. Pref. I will not fay your name, bat when he gave us in his paper,before this, the laft day, you laid it was the advice of your councel. Mr.Love. Not ZMr. Hales. L. Pre/.Then haply we (hal eafe ycu a great deal : that tha t is under your hand,is very fhort,and we ftiall eafe you of fomeof that 1005 and you know that upon all aflignments in the Upper Bench and commonLaWjWhen they firft open it,they mow fome caules upon which they wil argue it,and when you havehad time already, now ihew fometbing that may be worthy of it, and we will confider of it. Att Cjen. Before he fpeak (my lord) I delire that be will give it under his hand positively, not que- ries but pofitive, that this in his judgement he thinks fit to be matter of Law, and to be ar- gued. M. Hales. My Lord, we think that tbefe things are fuch. L.Prcf Then you muft upon the firft fight open it fo far, that it may be your judgement. At.Cjen. But not fuffor it to be debated unlefs you think it doubtfuIU M.Ha/6/, We are here afligned councell for bim, and if your Lordmip will pleafe to give us that time Againft the Charge and Evidence. 99 time that may be eonve-.ient for us to doe our duty for him , if not, wee (hail doe but your Lordflu'p wrong, and our Client wrong if wc mould fpeak. L. Pref. You may havt Tome convenient time, but you muft open it now, that we may judge what time is proportionable j if you will not open it, thac this it the point you will argue upon , wc can fay nothing. M.Hales. Then the reading of that which we have exhibited rotheCourr, will be as much as poflibly I rhalL be able ro do at this time, for we have had no copy of the Charge. LPref. Nor muft have. M.Hales. And we have taken a copy at random, according as it bath been offered to Us by tbofe that have taken notes,and we have prefented upon thofeNotes,and we have applied our felves to M./4r- turncy for a copy of the Charge, and he conceived that it was not fit for him to do it without direction of the £*ourt > but for a copy of the Charge when Exceptions are taken, it is ufuall to have ic gran- ted ; and for us to fpeak and fpend your lord/hips time upon matters that are contained in a Charge, whereof for my own part I never beard, and which is ufuall upon Exceptions offeted to be granted, it would be very LfPref. It is an excellent thing to fpeak to men of underftanding 5 did you ever know an In- ditement in this nature, a copy of it delivered upon the prifoners prayer ? M.Hales. Yes,I have known it very often. L.Pref. He (hall,as his memory ferves him, fpeak to the fubftance,but to have a copy of the Charge, I cake it,you have not known. M. Hales. Thus far I have known it, I have been commanded to be of counfell with perfons that have been impeached of Treafonby the Parliament, I know that the Archbifhop of Canterbury , when hee was impeached of Treafon, had a copy of bis Charge, that I know he had 5 I know this is the ufuall courfe,tbatif a perfon takes Exceptions to a matter contained in an Inditement, though it is true, he (hall not have the copy of the whole Inditement, yethefhall have a copy of fo much whereupon bis Exception growess that hath been done, and will not be denied J but for the other matter, I know that in the Archbifhop of Canterburies cafe there was a copy of the whole Charge granted, and the like was done in the cafe of the Lord Strafford- At. Gen. I fhall give that anfwer a little more then I did, Parliamentary proceedings are no rule for other Courts to walk by, befuies (my lord) you fit here upon a known published Law , and the offence charged is againft thofe Laws : I believe H-Hales well remembers, that both my lord of Strifforis cafe, and the Archbilhop of Canterburies cafe were both of them for many feverall fafts fe- verall times along time comrrirted, which feverall fads being judged by Parliament , were judged to be Treafon not againft any fetled pofitive Law: And fcr Straffords cafe,you know how the judgement, at laft was given by Acl of Parliament , King, Lords ana Commons. And ror the Archbiihop of Canterburies cafe, you know what the feverall complaints againft him were, many of them not Trea- fon, but fo many of tbenuogether, that in Parliament they thought fit to judge bim guilty of Treafon; but thofe priviledges are not to be paralleld, he knowes very well it was not againft fucb, and fucb, and fuch a law, to make thofe offences Treafon. Having given thus much favour, I may fay, to the Pri- foner, that he may by memory exhibit his Exceptions, he hath done it, if you judge that tbofe Excepti- ons are worth the debating, be worthy of it, you may fas M.Hales faith) give directions for fo much ro be given him, otherwife f for my part) I did never give it unto any > but tbofe that have been in my place before, did never give ic but by immediate Warrant from the King, cr the Parliament now , but for fo much as the Court thinks fit, for fo much as concerns the Exceptions. Sir Tko.Witheringtm. For that that M.Hales objefts to the Inditement, it ihnds with a great deal of juftice> for if a prifonerlayes hold of part of an Inditement , and fay there is a miftake in i', there is reafon it fhould be fo, becaufe the Court muft judge it whether it be fo or not, therefore there is neceflity of it that there mould be a copy of fo much } but I think he never knew that all the Indite- ment was, but thac part, and that is of neceflity for the Court, that they may fee whether the Excep- tions accord with the Inditement or no 5 iftberebeany Excep:ion to an Inditement, if that Excepti- on remains not as a doubt or queftion, there (hall be no copy of fo much of the Indirement given: if he fliall raife a doubt that there is any doubt in law,or any cjueftion 3rd variance between the Ads and the Charge, if he fhall raife any fuch doubt, then I think according to the old law he may hay^tbat part of the Charge 5 but we defire he may raife fome doubt to the Co irt. O 1 M.Hales. ico itf.Hales nis Plea. M.Hales. My Lord, we have raifed the doubts, and we ate ready to deliver in thofe that we conceive to be Exceptions to the Charge, if we be over- ruled in them, we have no more to fay 5 but if your lord- mip upon the view of thefe things we have offered, think them worthy to be fpoken to before your Lordlhip, then furely that is agreeable with that very rule which the Councell of the State is pleafed to ftatej that is, that in ctk we alledge that which the Court mail tbinke fit for us to debate before them that then we may have that whereby it may appear whether we debate upon that which is,or is not! At.Gen. M.Hales faith he hath given them in, but I have ken none of ihem, my lord- ly Prcf. Whether their memory be per fed or imperfed, that we (lull help you withall and then 2 will tell you what you were beft do , for time goes away ; we will before you take it, take the feve- rall Statutes and the Charge, and your Exceptions, and compare them altogether before you, and you ihall except to every one as you go. At.Gen. J delue the exceptions may ttand as they are. L. Prcf. 1 , but hee Ihall fee whether there be any material! variance betweenthe Notary and the Charge. At. Gut. "blr.Lovc. At. Gen. The Cleri. M.Hales. That Notary was upon favour too, Mr. Love will acknowledge it. I do with all thankfulnefs acknowledge it, my lord. I delireit may bt noprefiient for after-times. If you pleafe , read your Exceptions. My lord, we ' begin with the firft, and thefe are the Exceptions: We take it that Charge is grounded upon the Ad of the' 17 th . of July, 1649. and we take fome Exceptions to that firft part of the Charge, that is, concerning what offences lball be adjudged Treafon. L.Trcf. Read your Exceptions, and then you (hall hear the Charge. M. Hales. Our Exceptions are thefe, firft, that whereas the words of the Ad are, That i fatty per fon Jbill malicioujly^ and. aivifedly plot, contrive, or indeavour tojlir up, or raife Forces againft the prefent Go- vernment, or for the fubverfion or alteration of it, that the words maliciously or advifedly, are left out of the Charge, which we conceive are materiall words. At.Gen. Read. M.Barnard the Cler^ That he the [aid Cbriftopher Love, as a falfe Traitor and Enemy to thU Com- mon- wealth, and Free-State of England, and out of atraiterou* and wicked defign to ftir up a new and bloody war, and to raife infurreftions. [editions, and rebellions within this Nation, didfeverall dayes and times, in th ef ever al years of our Lord } i6^S. 1649. 16 50.1651. dtLondon and in divers other places within thU Commonwealth of England, and elfe- where, together with William Drake late of London CMerccr, Henry Jermin late of London Efquire, Henry Piercy late of London Efquire , Richard Graves late of London E/^tt/re, Ed ward Maffy late of London E[q' t John Gibbon late of London Gentleman, &c- and ether their complices yet unknown, did traiteroujly and malicioujly combine and confederate themfehes toge- ther, and plot, contrive, and indeavour. At.Gen What fay you M. Hales ? M.Hales. Now we find what rhe inconvenience is of coming to pu: in our Exceptions,when we have not a cleer copy of the Charge, and th~t was the caufe why we did fubjoyn this,thac in cafe any miftake arife by miftake of the copies .that we may amend: it it is true, we find malicioujly is in. At.gen. Traiteroufly will be enough. M.Hales. I think not, that is oves, for if it be malicioufly alledged,tbat is over. Then the next thing we except to, is, he traiteroufly combined,confederated, and complotted together 5 it is true, there is plot in it, but there wants the words contrive and indeavour , but that is not the principall matter wee itand upon. TheCler^. They are in. M.Hales. Then that is anfwered too. The next Exception that we'take to the Charge is,that the Ad upon which this part of the Cba'ge is grounded, fayes,tbac he rnuft manifeft it by an overt Ad,by an o- pen deed, now we fay^hereisfas we conceivejnothing charged upon him inpurfuance of this Ad,that is, there is no overt, or open deed laid in the Charge, tor the words of the A dare [0, that: if any man jhall malicioufly plot. contrive, and enieovourte jiir up , or raife forces again fl the prefent Government , and fi all declare the fame by open deed, that then every (ueb offence fh all be Tuafon. At.Gen. If M.Hales bath read the copy of the Charge as it was taken, I think he findes divers of them in the Charge of open ads. yi.Hales. The bufinefs is not Whether there be open deeds,but whether tbey are applied to this Ad, or be Suhftantive Charges of tbemfelves. At.Gen. I would ask him, whether that open ad muft be in the Inditement,or in the Evidence ? M.Hales.ln the Indicemen^ic muft be sxprefly laid in thclndicem^ntjorelsitisnogoodinditement- At,Gen dgainltthe Charge md Evidence. 101 ^t.G there arefeverall open ads that are laidinihc Incitement, and (l think) if he look upon it, he will find that they are laid to every one of tbem,and relate and refer to every one of them. S.Tbo. Wither. There is writing of letters, contributing of money, and leceivingof meiTagcs. Mr. Hales. That will appear by ibe fubfequent pates of trie Charge. L.Prcf. The fubfequent pans of the Charge will make that appear, for if he did lend meny, &c. if they be really there, we fhall hear it by and by. M. Hales. I take it, that the law is very plain,that the Ad muft be mentioned in the Indidment. eAt.Gcn. But we will not debate that when we are expreile in the thing, we are not fo tyed to form, as to pin them to every word of it. The Clerk. And junker to carry on ard aeccmphfo the /aid wit fad practice and defign $ be the [aid. Cbriftopber Love, divers dayes and times betwecmbe i^ofZMarcb 1650. avd the firft of June in the year of cur Lord 1651. at London and other places as aforefaidj did traiteroujly and malicicujly give, bold, ufe and maintain correfpondency avd intelligence by letter s, mcjfages, inftruSlions, and otberwijc. L.Tref. Thefc are open acts. Mr. Hales. Then favour us in this, we take it that between this, and the full Charge, there comes a particular charge, that relates to Charles Stewart, that is internment between the into, charge, and this that is now read, or elfe we are mi f- informed by the Prifoncr > and if there be fo, then we think our Exceptions will take place. S.Tbo. Wither. It is all contained in one Indidment, and then that that explains the overt ad fol- lowcs afterwards, asadiftind thing in the Indidment, andfoit was in my Lord Cobhxmi cafe in that Indidment,and in my Lord of Effex his cafe. L. Pref. He may make overtures. M.Hales. We confeflc it 5 but we fupofe it very certain,that both as this Ad is pennM,and as the A& of is penn'd,wbich are much at one, as to the manner of penning them, there is of neceflity an overt ad to be laid to make good that general Charge j that, we conceive, will be plain 5 and that is admitted and agreed by the Lord Cool{ in his coliedions of the Pleas of tbe Crown, /o/.iz. 15. where he faith,the lndiflment of tbe Earl of Somerfet, in tpe time of Edward tbe 6 th , and all other of tbe Ufa form, were againft Law, becaufe he faid, that he did not follow the words of the ad, andthathedid it per apcrtumfafl 'urn, and (hews not what that open deed was ', that was not a good indidment, for the fad muft be fct forth in the indidment; that muft be done. Then the queftion is, whether this be fo done here or no ? wc con- ceive by this Charge it is not fo done here, upon this ground j we lay, there follows after this a parti- cular charge concerning his promotion of Charles Stewart j and then fubfequent to that, there follows this that the Court hath now read ; we fay, that tn this cafe here is not a charge of an overt ad,neither by the one nor by the other 5 there is not a charge by the former, becaufe that is a diftind treafon made di- ftindly treafonable by another ad 5 and tberfore that which is made a diftind charge of treafon by an- other ad,(hall not be an overt ad within the former .* That is one thing we lay. And another thing we fay is this, that in this cafe, the fecond,that is that which the Court hath been pleafed to dired to be read to us concerning his holding correfpondence, that fhall not be an overt ad rehiring to the firft charges for it is an uncertain relation : for there be two defignes mentioned before,the one is a defigne contained in tbe firft charge, the other a defigne contained in the fecond charge, for the prompting of Charles Stew- art 5 and we fay, the third mail not be coupled up to the former, becaufe it is a diftind Charge of Treafon in it felf, and becaufe it is uncertain to which it relates > for i: refers not more to ;he firft Charge then to the fecond concerning the promoting of Charles Stewart, that is called the Prince of Wales. L.'Bref. For this, I take it for theprefent, that the Charge is founded upon four Statutes, if he lay • the offence againft the firft,fecond, third,and fourth, and he (lull come and conclude it wubout rela- tion to any particular of tbefe Treafons, he did thus and thus by letters and correfpondencies, that will relate to them every one, though it come but in the conclusion 5 and though the Statutes be various, yet the indidment is bur one, and he may put in this of the overtures in one place iufficiently,to be a fufB- cient overture to every onejand therefore though to one of them there ihculd be no overture in it at al! > but valet utvalerepoteft, it will hang upon fo much, as it will bear an overt ad, and then you will no: deny but that sbofe words are overtures. Mr Halu 102 Mr. Hales his PleJ. M.Hlk'. It i$ true, they are fo, but yet ftill we conceive this third, which wc call the third Charge, thi: is concerning holding correfpondence, the third or fourth, I cannot tell fthichic is , but ic is one of them; we fay, that that is not an overt Ad applied to the fir ft Charge ; when we come to the fub- itance or that Charge as it Itands by it telf, then our Exceptions will rife upon it, as ic ftands fingly by ic felf ; but we conceive that (hall not be a fupplcmentall Charge to make good that firft Charge , that is concerning endeavouring to (ubvert the State as it itands eftablilhed, it (hall not be ufed as an overt Ad to make good tbe firft Charge} when we come to thac particular Charge, that is concerning the main- taining of correfpondence, whether it be a good Subftantive Charge of it felf, then we (hall effer our Exceptions to that* but in the mean while we are but upon debare of the firft, whether the firft contain- ed fuch a Charge,as by the Aft of the i7 th .ofJ«//, 1640. is required. At.Cjen. My Lord, we a re heard before you concerning it, Mr. Hales will find that afrer all thefe lawes are L epcated, and 3fter all his offences agatnft thofe laws are repeated, it is concluded thac all are againft the feverall A ds of Parliament, in fuch cafes made and provided ; if Mr. Hates wil fingle them , the impeachment doth not, but relates to all of them j and, I think, that in this wav of impeachment we are not eyed to thofe very nice and ftrid formal rules uponIndidments,but if fubftance doth appear, it doth appear to you, my Lord, that in fubftance the Ads are purfued, and that upon the whole im- peachments there are, even this that is required, the expreflion of an open deed, an overt Ad, thofe are laid, audit will be acknowledged by Mr. Hales, that they are in themfelvcs fufficient, being thus expreft and concluded, that thofe feverall pradices anddefigns, and Treafons, are againft the form ot the feverall Statutes, in that cafe made and provided, not in relation to the 17. of July, nor the i^oiAuguft, buttoallof themj anil beleeve that all of thefe fads, all of tbis Treafon, all of this De- li^n, whether with the Scotch nation, or members of the Scotch nation, or thofe adhering ro the Scots nation, had all but one foundation, the fubverfion of this prefent Government, that was the founda- tion and Treafon of the whole, that was it that was intended; for to bring one in, and nottocaft cue the other, would have done no good 5 but upon the whole, that was the Treafon 5 and upon ail thefe circumitances and open deeds, anddefigns, the f urn, though it be a Treafon to hold correfpondence, though it be a Treafon to promote Qbarles Stewart, though it be a Treafon to do other things, yet the Treafon is in this, the Scots N ation to come in with intent to fubvert the Government, Charles Stew- art to be made King to fubvert the Government: fothat the grand work, at heart, at root, was the fubverfion of the prefent Government > and as for thar, I wi(h heartily for Mr. Love's fake, there were not fo many open deeds expreft by him. S.Tbo.lVitbcr. Mr.Ha/w [peaks of the Charge, the words are thefe 5 eAnd further to carry on and accomplijb the [aid traiterm and wicked Pratiiice and Defign, be, tbe [aid Chriftopber Love ("now this I take to be the overt hdi)divers day es and times between tbe 19 of March i6^o y andthe firft of fune 1 6% 1 at London and divers other place*} as afore faid,didTraiterou(ly andMalicioujly>ufe,and bold correfpondence and intelligence by letters (thofe are open ads) Me{fages y Inftruftions and otherwife,to tbe prejudice of tbe Commonwealth', and thefe are laid within the time, and not a diftind Charge, as Mr.Hales would infer : but they do diredly fee forth an overt ad done by Mr. Love. Mr.Hales. Is it your Lordihips pleafure Ifhouldreply any thingjbecaufe I come utterly unprovided for it,I mult profeffe. At. (Jen. We may give bim this,and one or two more. L/Pref- Goon Matter Hales, if you have that that is materia'l for another reply, do j but take this, Matter Hales, I take it very ftrong both in Grammerand Logick too, as well as in Law, that when all the whole charge is radically and fundamental but one Treafon, though there be many branches of ir, the Charge hath knit them altogether, and made but one ad of fo many complicated Treafons as here are, and when be comes to the latter end, if fome of them were Defaolo, not by 3n overt deed publilhed, yetif he come and prove that it was fo done by the proofs, that there was correfpondence, and thefe things Deficto done, and that charge 'Dcfafto done, you cannot break it there,to fay that this fad did wot reach to alljfor if there be any one, it is fufficient > but here it is to a'.l ; even to that one thac you fpeard to Mr.Hales, Al which Treafons and Iraiterows and Wk\ed pra- etifes anddefigns of bim, tbe fail Chriftopher Love, were, and are to the apparent hazard of tbe public^ ptaceof this Commonwealth ant Free State, Parliiment and people of ^England (Mr, Hales findeth not thefeinany Indidment) and to the manifeft breacbtcontempt^nd violation of tbe lawes of this land,and contrary againfi the Charge and Evidence. r 03 contrary to the form of divers Statutes and tAfts of Parliament in fucb cafe made and provided, i n ge- neral!, ray Lord. \A.Hale. Weconceive, under favour, and we tbink that it cannot be denyed, tfeat fuch aconclufkn will not fcrve the turn. At.Gen No, not inanlndiftmcnt. Mr. Hale. If there be a fubftantial part of the Charge omitted, that ought to be alledged in f:ft, it is not the conclufion, that contrary to the form of the Statutes in this cafe made and provided, will help it. My Lord, (I come unprovided^ the cafe of my Lord Dyer, that known cafe upon an Indi&menc for Recufancy, or for awilfull or knowing harbouring of a Jefuite, or Frieft : Sahh my Lord Vycr y It it not enough to fay, he did harbour him contrary to the form cf the Statute, i but bee mujl fiy, he did it knowingly : bemuft aUedgeand purfue the fubftantiall words 0} the AH of Parliament. And fo again, an Indictment for abfencing from Cburcb 3 it is not enough to fay, he did it contrary to the form of the Statute : but that he did it obftinately. Therefore that generallconduiion, that this was 10 the ba\ari of the Commonwealth (it is true, it is an ill thing for any man to dofuch a thing that is to the b3fcud of the Commonwealth) but thofe words fervenot the Statute neither: and thento fay at tre conclu(ion,C I conceive, it is not, nor can it be fupplyed, becaufe it is a fubftantiall thing in the very words and bowels of the Acl, and cannot be fupplyed by a generall conclufion. Then it hath been faid by Sir Thomas iPitbrivgtcn the States Serjeant, that in this cafe thofe fubfequent matters and charges fhall be an overt aft within the Statute i that is that which bee hath read to you ; It is in the fourth Article fas I take it) That Chriftopher Loie, divers times between the 29 •/ March 1650. and the firft oftfunc i6$i. did traite- roujly and malicoujly bold and ufe eorrefpondence and intelligence by letters and mejjages. But that cannot be > I may fay it, that is not a fufficient manifeftation of an overt Aft, becaufe there do precede it thefe particular Charges of Treafon within particular Ads of Parliament} why thcn,iffo be ("to main- tain his defigne, for the carrying on of his defigne aforefaid^) this fhould be faid to relate to the firft defigne, why not to the fecond defigne, of promoting Cbarls Stewart to be King? And why not to the third defigne ? So that where there are three feverall defignes before, all made Treafon by the Ads ©f Parliament, that cannot be an overt aft to make good the firft part of tbe Charge, with fubmiffion to your Lordihips judgment. And then another thing wee fay, That this Charge which Sir Tboma-i would carry up to the firft Charge, and makeitasaninforcing and overt aft within the firft Charge, that cannot be, for this other reafcTi > becaufe it is charged as a traiterous diftinft aft in him. Now we have this learning delivered by Sir Edward Coofi in his Comment upon this, in the 25 yeerof Ed- ward the third: That is, where there are feverall afts made Treafon > the one is an aft for leavying ofwarr : Now there the cafe was Treafon againft the perfon of the King, Queen, Prince, &c that ©ne part fhall not be an overt aft in cafe of Indiftmcnt, fhall not be conftrued as an overt aft for tfce making good of another part > becaufe where all are made equally traiterous, and all are charged as equally traiterous, wee think, with fubmiffion, tbofe parts fhall not be made an overt aft to another Treafon. So when here is a Treafon made by the Aft of the 17 of July, and another by a fubfe- auent Aft,that which is charged as a Treafon in tbe fubfequent A ft, (hall not be faid to be an overt aft for the making good of the former : if the former be not a Treafon able to maintain and fupport it felf, this fubfequent ad fhall not ferve as a bolfter to uphold it, and to fupply that which is laid as a diftinft treafon of it felf. Now thefe are the three things we infift upon : Firft, That an overt aft is neceffary to be laid. Secondly, That it is not fupplyed by tbe generall conclufion 3 nor C3n it be. Next of all 5> That. 1 04 CM after Hales his Plea that this ad that is here laid to be done, craiteroufly to hold correfpondence and intelligence, it refer* no more to the firft deligne, then :o the lecondorto the thud dtligne, which are charged as three diftind Treafons 5 and this is charged as a diitinCt and poiijve Treaion of it felf, and therefore (hall not be carried over as a fupplemen: to another. An. gen. We granting that an overc act is neceffary to be exprefs'd i grant it Should be fo, but no more but in evidence; and then granting in the next place, that the gencrall conclufion will not be turficient to maintain it, when ic is requitue an open deed fhould be exprefi'd. Then for the third 1 cannot be of his judgment in this way of impeachments j but as we fee one perfon may commit four or rive treafons, and one act may be an offence againft four or five Ads of Parliament j and this is the truth : for where the ieverall ads are repeated, that (my Lord,) are thofe lawes againft which this treafon, and this treafonable pradice and defigne is laid to be y then follows the feverall enumerati- ons of thole pradices,defignes,and open ads of his now applyed by us. But Mr. Hales would take them and apply them to one fingly j But I obferve to your Lordihip, that thofe open ads of his are offences by an open ad againft the feverall Ads of Parliament j but it Serves his turn for his Client to apply them lb : but I hope you will not apply them fo j but when they come between the offences,and the o- vertads follow it, and the condition upon the whole, that all thofe traiterous and wicked pradices and dclignes are againft the feverall Ads of Parliament : And if there be an open ad fo exprefs'd in the impeachment, that in law is an open ad, fuppofe it mould be required to be exprefs'd i if there be an open ad, then I hope you will be Satisfied when it hath been well proved 5 if it be exprefs'd in the Indidment an open ad, that I hope will fatisfieyour judgments and confcicnces 5 especially when open ads ihall appear to you to be an offence againft the Ads of Parliament. I mail leave this to your judgment, and trouble you no furthers and you will finde in its place whether it be requifice or not. L.Pref. That that Mr.H*i/« Said, if it were a thing of abfolute neceffity in an Indidmenc, then the conclufion will noc help j if the thing were of abfolute necefTuy there charged, and not charged cb?itruformm Siatutis, will noc do ic : bat if I underftand it right, it is fully laid in this Charge, tbac he did by open and overt ads do the thing > ic is laid f ; the words of open ad are not, but the va- lue; that is, that he did by writing, by words, by meffages, by money i and thefe are really overt ads, though hee did not call thefe overt ads 5 thete are laid fully in the Charge; and then, if they be laid fully in the Charge, and we Satisfied in the full proof of that Charge, that we have heard overt ads to maintain it, then I think this cannot come within any of thofe cafes, that when an effemiall thin? is left out of an Indidment, there the conclufion will not help : this I conceive fo far. Then the nexr, \Vbat method or order this can be, by fetting down the Statutes, and then withall thefe overt ads of lerters, of meffages, of money, will reach to every one of the qualities, that thefe Treafons are mani- fefted by this ad j but if it were a treafon of fuch a nature, that none of thefe could reach to the mani- feftationofit, then you fay well 5 but when thefe words reach to the manifeftation of every charge laid in the Charge, then it is effeduall and reail,and the conclufion is Sufficient. An. Gen. Before he goes to the next, I fhall crave your dircdionin it > for I profeffe, my Lord, to you, tbac I in drawing the Impeachments, take not my felf to be fo ftridly tyed to the forms of I n- 4idments in letters and Syllables 5 and the forms I have taken and do take, are thofe that have pafs'd heretofore, and i follow them j and till I receive your diredion to the contrary, I take not my felf bound but to expreffe the fubftance of that which is laid to his charge, by which hee may know his Ortencejand give ananfwer ; But to formes, and quiddities, and niceties, I conceive I was noc bound to that. Mt.H&les. I prefle not forms,nor quiddities, nor niceties in this bufineffe. The next is } concern- ing the charge of promoting the Prince of Wiles. Att.Gen. No, there is no Such thing in it, your copy is amine again ; read ir. Mr.Hiles. Our Exception is this, fwee have been but upon the firft all this while, I take it fo) the next is, That he did traiteroufly publifli the fon of the late King of England, to be King of Eng- land (meaning this Commonwealth) without the content of the people in Parliament firft bad or fignified by ordinance to that purpofe. I think w£e mall not trouble your Lordihip much with that j for if that be as our copie is 5 it is true, it is no: well laid i but if it be never fo well laid, I conceive, as I am informed, there is nocking of that endeavoured to be proved. Att.Gcn. That we leave to the Court, Mr.Ha/o". Mr. Halts. againft the charge and Evidmce. 105 Mr.Hales. Then the nexe is, chat to accompiiihthc faid traiterous and wicked define, Cbriftopber Love did at federal I day es in the ycc.s aforefaid, rraireroufly and wickedly aJvife the Scots. Oj r ex- ception to that is this, There is a treafonableafliftance charged in fome of thcyeers that were before rhe making of the Ad that did prohibit it. nAt.Gen. And aftei wards too, M. Hales. Mr. Hales. It layes it in fanac of the yeers before the making of the Ad, and that is fufficient to invalidate this Charge. The Clerk. And further to carry on and accompli]!} the faid traitorous and wicked practice and deftgne, he the [aid Chriftopher Love, fever all d ayes and times in the rcfpeSfive yeers aforefaid, at London and divers other places within this Commonwealth of England, and clfcwhcre as afore/ aid, together with the faid William Drake, Henry Jermin, and others their complices aforefaid, dd traiteroujly and r.talicioujly invite, aid, and affift the Scots, being foreigners and ftrangers, to invade this Commonwealth of England, andhath adhered to the forces raifed by the enemies of the Parliament and Commonwealth aforefiid, aid }$ett- €rs]ofthe Liberties of England as aforefaid. At.Gen. You will flnde this in a Statute before this. Me. Hales. Not before the 17 of July 1649. and then your Charge is repugnant, you charge us for an offence which is precedent to the. ftatuLe. At.Gen. For that, you go and take them and pick them j but we lay them all together : theie were Treafons he committed in 1648. and that which I pitch upon ftill is this (rha: Mr< Hales thought was waved) that this man did not promote the intereft of Charles Stewart late King, or that he had not en- deavoured a fubverfion of this Government > I lay that againft this Act made in 1648. then by con- fequence to maintain that, he did it to promote his intereft, and to fubvert the Government 5 and there was a law in 1648 that did inhibit that 5 there is a law inhibits the calling in of ftrangers; and it follows by that,thathewhocalIsin ftrangers may promote the intereft of Charles Stewart too 5 and that founda- tion is to this purpofe, that he did promote him to have been King of England : and you know what he exprefs'd to you,what tendernefs of confeience he had to take care that he might not go elfewhere. Mr. Hales. If it be fo,then we mult dtfne, That part of the charge may be read. At Gen. I have not charged them, nor untill I receive command,fhall I vary from what I have recei- ved formerly, that I fhall charge this to be againft this, and that againft that $ but I have laid down the Ads of Parliament that have made things Treafon,and the offences feveraliy, and upon the whole con- clude that thefe are treafons againft feverall Ads of Parliament feveraliy $ if one or all together ferve turn,I hold it well enough. If you put me to every one of them particularly,I muft have more time, and better Clerks to draw the Inditements. Mr.Hales. Stil the fame objedion meetethf with fubmiffion to the Court and Mr. Atturney, the fame objedion meets) with them 3 we fay then, he will make this a kinde of an additional! Charge to the firftjor tothefecond,ortoboth ; but we know not to which. Att.Gtn. Yes. Mr.Hales. But we fay that that is not fufficient 5 upon thefe reafons, beaufeit is a charge of treafon in itfelf,and thcrfore fhall not be made an additional! and fupplemcntall charge to make out another. And then we fay,that this \s uncertainly charged,whether you will make i: fuprlementall to the firft charge of Treafon, that is, the endeavouring of the fubverfion of the Commonwealth $ or to the fecond charge of Treafon,which is a diftind charge of treafon, of the promotion of the intereft of Charles Stewart. Att.Gen. I cannot divide them. L.Pref Are not thefe as perfed as before? doth not the fub- verfion of this Commonwealth promote the intereft of Charts Stewart i and doth not the promotion of Charls Stewart fubvert the intereft of this Commonwealth I If he bath laid ir, that he did both of thefe by afluming ir, by a double or multiplyed ad, and all thefe multiplyed ads are but one fubverfion j if I fubvert it by one, or by io ads, both of them are the fame in nature 5 for the fubverfion of the one, is the bringing in of the other j ajid the bringing in of the one is the fubverfion of the other j and fo tbey are relatives fully one to the other, and there cannot be more exprefs'd in the Charge then this • And notwithftanding all thefe ads, though that ad hath made the Treafon, cannot it be by another ad i you may profecutfr by vertueof this fubfequenc ad, any thing th:t was underftoodto be genet all trea- fon by the law of the Land, Mr.Hales. My Lord, this is that we infift upon. It is true, we do conccive,though the promotion cf the intereft of Cha.Stewart is not confident with the prefcrvation of the intereft of the Commonwealths yet every deftrudion of the intereft of the Commonwealth is ncttherforc a promotion of the intereft of Charles Stew irt $ for then there could be no Treafon againft the Commonwealth, but it muft be a promotion of the others inereft. Now there may be a Treafon againft the Commonwealth without th* P promotion 106 Mr. Kales his Plea promotion of the others intereft. I urge ic to this purpefe, to make it appear, that they are feverall Charges bottomed upon feverall Ads, and therefore the reference here made to promote the defigne aforefaid, is uncertain to which it fhall relate $ ic may fall out the panic may be guilty upon the firft Article j it may fall,out, be is not guilty upon the fecond Article, and then ic is uncertain to which article it relates, that hee is guilty of, or not guilty of; and here may be the confequence ofir, then you will make a Treafon, which to this third claufe is a Subftantive, and contained in it felf, to be an overt ad to another charge of Treafon, and that you cannot do; you cannot make a Treafon which is lb charged, to be an overt ad, or cxpofition, or a dcclararion of that which is contained in the former, like that cafe I inftanced in before,of the 25 of Edward the 3 d , That no man (hall go about to deftroy the perfon of the King, nor to raifewar againft bis people : fo that we ufe it not in any other reference, but onely to explain and biing tbereafon of that ancient Law to this law: In that cafe a man cannot charge the overt ad of going about to deftroy his perfon, which is a diftind Treafon of it felf,to be an overt ad to the Charge ot Levying war,which is another diftindTreafon:And if he al- ledg.fuch a one did go about to deftroy the Prince,or tbeConfort of the King,or the King,and to make the 1 evying of war to be an overt ad to it, this fee cannot do j becaufe though it is true, it might be an overt ad to it, yet notwichftanding, it being made- a diftind treafon, ic cannot be an overt ad to another treafon: and fo here, this very aflifting and inviting of forces is made a diftind treafon > andfo if you take it fubftantively,itis insufficiently laid ; and if relatively, you may not do fo, becaufe it is a treafon of it felf, and lhall not be brought in relation to another treafon laid before it. Att.Gen. For that, I hope Mr. Hales will leave me to that liberty I have, that is, that if one ad be an offence againft feverall Ads, I may aggravate it Co, as to make him know it is fo $and I take it for an aggravation of his oflfence,wben he hath offended againft fo many feveral Lawes, which he bath done ; and that I may have liberty to fay fo, though perhaps that fubverfion of this Government is not in every refped a promoting of the intereft of Churls Stewart j but the fubverfion of this Government, asic is here laid in this indirement,is a promotion of :he intereft of Charles Stewart: and fo ic is here. And I have done now with that. L. Pre/. Then ( Mr.Hales) I will add a word, becaufe that you did put the cafe of a man deftroying the perfon of a King, and Levying of war 5 if it be laid, chofc very ads, if they be laid ?s a continu- ed, or a medium, or an enterprize, that he bad taken up a war to deftroy the perfon of the King j thofe wotdsinonefenfe,if it had been laid folitarily by it felf, and deftroying the King in another 5 but if he fhewed that by levying of war he endeavoured it, then the denomination is from the end in that place > and though they be two treafons fubftantively, yet when they are laid as one continued ad,they are but one : and fo it is in this cafe j all thefe,tbough there are feveral ttatutes, and feveral treafons, tbefe mul- tiplyedads make up butonecompleatin the conclufion : if there want one of thefe,if there be fufficienc in the other,it is treafon enough, and too much too (I would it were not Co) if they be laid in fubordina- tion,as all thefe are, every one of them further to promote this, and to promote that j fo they are laid in promotion of it to every one ; and then they are contiguous,and depend one upon another,and are fub- flantive, and fo fubftantiall, as that they may be relatives one to another, and fo are thefe. Att.Gen. The next, Mr. Hales. M.Hales.The next is the 4 Chargejand that is,concerning holding correfpondenee by letters & mef- fages, with Cbarls Stewart and the late Queen his mother 5 we fay, that this part of the Charge is ill laid alio jit is laid in nature of a felony by theAct,and laid to be done traiteroufly in the Charge 5 and that is a fubftantial(not a mecr formality, but a fubftantial)miftake $ for if fo be a woman be indited of petty treafon becaufe it is proditoria,yet in truth it amounts but to felony 3 now in cafe whereflie is an acceflary to a felony, the inditement is naught : if a man be accufed that he did traiteroufly fuch an action, which in it felf amounts but to a felony, that charge is naughtjand foit is here,it is miflaid.for by the act of the 16 of March i65o,the matters therein charged are not made treafon, at moft but capital ; but we think it only prohibitcd,and then we fay it is an uncertain charge; and fo it is,under favour > for though the act faith, No man fhal hold correfpondenee by letters, meflages,or otherwife 5 yet when we come to inform uponit,or to indite upon it, it is not enough to iay,He held correfpondenee by letters,meffajes, or other- wife - 9 but if you will ground your deed upon that Act, you muft mew what that otherwife is, and that is the exception to that part of the Charge. The Clerk. And further to carry en the (aid tmterout and w\ck.ed$raft\ce and defignc, he tbefiid Cbri- Royhv Love divers day es and times, between the the 29 of March, 1650, and the fir ft tftfune i6$i,at London Againfi the Charge and Evidence. 107 London and other places, as if ore [aid, did Traiteroufly and Malicioujly give, hold, ufe,and maintain corre- fpondence and intelligence by letters ^meffagesyivjlr utiions and otherwi/e. ZMr.Hiles. Or otherwife was our notes,then that is out of doors, but our Exception is^hat it is allcd- ged to be done Traiteroufly. L.'Pref. And the Statute faith it flnll be Treafon. M.Hales. No it faith not fo, the Ad layes it only in nature of a FeIony,and in the Charge it is laid to be done Traiteroufly, and io the Charge is miflaid. tAt.Gen. I confefie it is exprefle fo in the i6. of March 1650. and it is not faid what the offence is, but I conceive in the firft place, that by the law of England, be that holds correfpondence with a Trai- tor ,will jo very near it, my Lord ; and then I humbly conceive, that ftill he going upon the firft Ad, it is laid co be with Charles Stewar t, and the Queen and Councell with him (I think) it is a promo- ting of his intereft 5 he to bold a correfpondence with him, whom the Parliament hath faid, you fhall in no cafe promote his intereft. Mr.Hales. I mud be bold ftill a little, to crave Mr.Atturneys favour,to reply upon him in this kind of way, for I have not had time. At.Gen. You have had more time then I, for I heard not of it till now. Mr.Hales. We fay,the Charge is not good becaufe it is made Felony only by the Ad,and laid in the Charge to be done traiteroufly j and then we fay, that Charge is uncertain to what deligne it relatesj if it relates to the bufinefle concerning the promoting of Cbarle s Stewarts intereft, if it be fo, we con- ceive it is not proved j for the proof I mention not, but that is not infifted upon, that Tdaftcr Love did promote the intereft of Charles Stewart, contrary to the Ad of Parliament, that (1 think) is not infifted upon, Att.Gen. Oyes. Mr .Wales, I conceive,no. Att.Gen. I conceive very much otherwife ,i3tfr.H*0 be K.i«g of E ngland . &Hr*Wales. We are informed, that there is nothing of any particular ad of his, concerning thatjbuc we have nothing to do with the Fad, but we conceive that no fubfequent thing by way of conftrudi- on or interpretation, ("hall make a publishing and promoting in fucb a manner as this is, it muft be fuch a thing as exprefly publifheth and promotes him to be the chief Magiftrate of England, according to the words of the Ad, and not by way of dilation ', we fay, this is not a thing to be applyed to ferve the turne, upon this reafon 5 we fay, that the holding of correfpondence and intelligence with Charles Stewart, eldeft fon to the late King , it cannot be coupled on to the promotion of the intereft of Charles Stewart to be King oi England ,kzing that is but by way of interpretation to bring it within the firft part of the Act. Att.Gen. For that I (hall crave your direction. L.Pref. It is not interpretative, but pofitive. Att.Gen. But I (hall fhall crave your pleafure , whether I fhall in my impeachments afterwards put in all my evidences what is charged, and evidence proves, that you will judge upon I hope- CMr.Halcs. then the next part of the Charge, and that is the fifth, that he did hold correfpondence with divers perfons of the Scots nations our Exception to that is plain, we conceive, that part of it is not well laid neither, it is not laid in purfuance of the Ad of Parliament, as our notes are, this is that we (ay, that it is not exprefly alledged, thatthey were perfonsrefidingin Scotland, as our notes are. Att.Gcn.Like enough fo,Sir. The Clerk. And further to carry en and accomplifh the fail Traiterom and Wicked Vefigt, be the faid Chriftopher Love , fever All dyes and times in tbs refpective years aforefaid, at Londoo aforefaid, Pi and io8 -M. Hales his Plea.. and divers other places within this Commonwealth of England and clfewhcre, m aforefaid, did traiurouf- ly and Malicioufly hold and maintxnx, correfpondence and intelligence with divers perfons of the Scots Nati- on, viz. with the Earlcof Argile, Lowden, Louthian, Bayly, Belcarris, avd divers other perfons if the Scots, and ether Nations, whom he well £wcw to adhere to the Scots Nation in this war againfttbeTarlia- ment and Commonwealth of England. Mr. Hales. This we conceives not a good charge, for the words of the Ad of the z d o( Auguft i6$o f upon which this is grounded, arc, that no man lhall hold correfpondence wich the Scots Nation refiding in Scotland. Att.Gcn. You were beft read further, M>.H*/cr. Then Mr. Hales read part of that Aft, beginning at thefe words, [Be it EnaSted,Ordained, and declared by this prefent Parliament ] and ending with tbefe words , I Without the allowance , It- cenfe,&c. Mr. Hales. It is true, there is no refiding 5 for that yet comes not home, we conceive, to part of the Charge, there are two parts of the Cbarge,the one,Tbat he did maintain correfpondence with divers of the Scott fp Nation, and with divers other perfons of divers other Nations, whom he well lyiew to adhere to tbe Scots Ration in thit warr againft the Parliament. As to the firft, that is out of doors 3 then here is no full charge of holding any correfpondence with any of the ScotsNationjfor that part of theCharge refts upon this, that it mult be with holding of correfpondence with any fuch perfons as are redding in Scotland,znd with any other perfon refiding there* Then as to the other part L.Pref. It is a continued fpeech, not with the Scots nor any other. VAr. Hales. Thtn here is another thing in it,thac it is not averred that fuch correfpondence and intel- ligence was held without the licenfe of Parliament. Att.Gcn, You are miftaken in that, your notes are not true. The Clerk. And he the (aid Cbriftopher Love, within the times, and at the places before mentioned, iid Traiteroufly aflift, incour age .without thefpeciall licenfe of the Councell of State, or Parliament, or Cap- tain Generall of the parliaments Forces. M.Hates. We fay then, thefe are two diftind Charges, and grounded upon two diftind parts of an Ad, but there is this more in it, which we conceive is not to be anfwered, with fubmiflion, under fa- vour, it is faid he did it within the times aforefaid, the times that are aforefaid, are between the 20 of March 16 $o,znd$une i6*fi> now this Ad whereby this is made traiterous ot Treafonable, takes not place till the 5. ofe/4wg.i6$o, fothat it might be done within the times aforefaid,thatis,betweentbe 29 of March i6$o, zndjuue 165 i,and yet not contrary to the Ad of the 2 d ofAuguft ,which was 1650 S.Tho.Witber. We lay it within all the times aforefaid, and, I fuppofe,the matter of the evidence hath told you the times,which now we are not to difpute. Mr.Hales. Wbatfoever is done between the 2$>of March s6$o, and the i d of Auguft i6$o, is not done contrary to the Ad of the z d of*Auguft 1650, upon which Act this Charge is grounded j there is a time between them,and between the time of exhibiting of thefe Articles:whatfoever is faid to be done between the 29 of March i6$o,and the exhibiting the Articles is not faid to be done after the z d o(Aug. 16 ?ojfor if it be done between the 29 ol!March and the 2 d ofeAug.h is done within the time aforefaid, that is,betweenthe 29 of March 16^0 and June i65i,and yet not done contrary to tbe Ad oftbe2 d oL4ttg«/f,becaufe done before the Ad came forth. Att.gen. Though Mr. Hales will not confent to it, we will ftrike out the 29. of March, and then be will not deny but that is good enough, with that ftriken out, before the firft of June 165 1. whether it be not good enough, and no time laid before it ? Mr. Hales. No indeed,it is not good c- nougb. At.Gen. Why not ? it is after the offence committed. Mr. Hales. Becaufe it may as well be before the Act as after the Acr. At.Gen. If we lay it after the offence committed, I fuppofeitis well enough, and the wifeftwrll think fo 5 lay it to be the firft of June 16515 fuppofe it were in September before, it is good e- nough. Mr.Hales, If you lay it upon the firft of June, it is a year, before it is not good enough. Att Cjen. That that Mr.H the prohibition runs to the fecond of Auguft, 1650. that no man after the fifth of that Auguft lhall doe fuch an adj then it muft be Laid to be an act done after the fifth of tbat Auguft ; but it is not laid fo here, but laid fo as may be intended to bee done before the fifth of Auguft; tor here is a time laid between the 29. of March, i6?o. and the time of the exhibiting the Articles which is in fune, 165 1. and that be did this within the time aforefaid ; now be that faith he did ic the $0. oiMxrcb) faith he did it within the time aforefaid, and yet frith not that is within the Ad. Sir Tbo.fVithrington. We have given an anfwer to that, we have laid it within, and without the time, that it is within the time,che witneile doth prove it, and M Hales fpeaks not to what we have proved, and cannot fpeak to it. Mr. H Ales The proof (hall never fupply the inefficiency of the Charges for we may as intirely offer you an Exception to this matter, after you have heard the proof, as before you have heard it 3 for ic ftands now as upon the Charge fingly, fo that it fhall not be fupplyed out of matter tbat appears in the proof, buc ic muft be confidered whether the Charge can fupply it felf or not 5 forthatthat is alledg- able againft the Charge before the proof made, is alledgable as well afterwards) if it were not good be- fore the proof, the proof fhajl not be fupplementallto it j for upon tbat reafon, if an Inditement did want time, or certainty, then after the party were beard upon his Defence, it might be faid when this Exception was taken to the Inditement, all this might appear upon the Evidence, but thac will not fupply the defect of the Indidment. At. gen. I am fure wee have laid it late enough, the firft of June, \6 ji. before that time, and Mr.Hales his Exception is ftill upon that way of proceedings upon Indidments ; be muft have that po- fitiveand ftrid certainty in ic in each particular, I muft give ic that anfwer ftill, tbat if you do in thefe cafes put me to it,to exprefs every particular circumftance of every particular fad, and every particu- lar time, and tbat it muft conduce in the conclusion of it, I muft make you Impeachments that will not be fit for you to read nor hear 5 but under favour, if tbat it contains in it in this way of Charge thac convenient certainty,tbat conveniency that may put the prifoner to the knowledge of it,and to prove its for this relates not fingly,for if 1 fhould go that way lA-Hales hath laboured to draw me, that is to take everyone of thefe feverally, and that I muft makeadiftind Charge upon one, and upon the otber,and a diftind Evidence upon one, and upon the other: I conceive thefe run quite throughall the laws eve- ry one of them jhad I confined this now between the 5. of Anguft 16 $0. and June \6 51. then what had become of all the laws before that time? therefore to make them relative to ail, I have exprefs'd fuch a time as may relate to all jfor bad I confined it fingly upon this or tbat ad, whereas I bum bly conceive, that thefe ads and thefe offences of M.Love are relative to more than one Ad of Parliamenr, and go to feverall adsjand therefore I cannot confine my felf to one ad,and fay, it was done at fuch a time, and there limit it and let it die > but my indeavour hath been,and upon this particular we debated it , when wedid draw it,we put it fo,chat the feverall ads may have tbefcverall tfteds, and M.Loves Treafons look upon every one of tbem,and they upon every one of his Treafons, and as his offences run through, and againft all the ads,fo muft our laying it upon him run,and the evidence alfcj and though we took care to lay ic back far enough,tbat was to the firft of June ,1 6? i.and fo laid it high enough to the other that it might reach the reft, and in this way we are not tied foto txprefs it in every particular, as other Indidmentsrun. 1/iHallAttoftheDutcby. He would charge it upon the times between the 19. of Afarcft,and the i.of Jwe, that be not the times that we have expreft in this, for it is thac within the times aforefaid we have pofitively laid, that it was in the year 165 1. for we have laid before that in the year 1648, 1649, l6 ^°> i6$i. then in the times aforefaid, we have pofuively laid, thac this fad was done in the yeare 1651.. which ot neceffity muft bee fince that Ad concerning the Scots wasmade, and tbat I conceive is an exprefs pofitive time mentioned in the Charge,and gives a full anfwer to that objedioni for it is not within fuch a time, butiatbc year i6fu HtMalu no Mr. Haks hit Plea M.Hales. That Charge is within the times aforefaid , which is laft mentioned, between March 1650. 3V\d l6$l. Mr.Hill. That we mail fubmit to the Courr, whether in the fame times aforefaid, mall not relate to all the times before-mentioned, as well as the particular times he hath picked outs for we mention that in the year i6?t. thefe things were done. At.Gcn. For sfcat I have given you that that is the generall anfwer , if I be put to it , whereas Mr. Lovehid tranfgrefled againlt thofe feverall Ads of Parliament, we have put it fo , that we conceive his offences run through them all, and fo we have laid them, and (I hope) we are not upon thofe Ni- ciiies, that we muft exprefs the direddaies and times, as Indidments run, but here is enough to make bim know his offences. L.^Pref. I conceive it is much better as it is too, and more obvious to every underftandinj , and their interpretation, then as you would have it,a great dealcs for the neceflities of the day it is not ma. teriall,tbat you will agree, nor the week if they lay a time fo many moncths before, or after, if the proof come and fall within the compafs of the Charge, as the proof is laid, fo is the fad, the proof determines whether it were within the times without the Law, or within the times aforefaid i for it is not within that time, and every of them, but within the times generally laid, all thofe ads were done, and thofe muft be laid in particular, which was at one time, and one at another, which were two yecrs a brewing, and are by the proofs laid in generall , that is beft to fay, one fad was done at one time, and another at another time, and at fuch a time, and not at fuch a time, it can be no mans judgement to be fo] laid in an Indidment or Charge, but they muft be laid thus in generall, and the Evidence muft make it parti- cular, that it was within the times that are laid, as when there are no times, as from {March to June and Auguft, and after if they be both laid, if the fad be within fuch a time that is within the law, all the other is out of doors. M.Hales. My Lord,thus if it pleafe your Lord/hip, I think with fubmiffion to your Lordfhips judg- ment, that in fuch a cafe it is not in the proof to make good a Charge 5 if the Charge do not containe a fufficient certainty, it is not in the proofe to make it good. My Lord, I infift now upon the necefsi- ty of a day to be precifely laid > I know (though it is true* it hatb been otherwife held in fome cafes ) yet, in a cafe of this nature, the day is now materiall , for now we are upon an Ad of Parliament ; As now, if fo be the Statute of the i9 th .o( Eli^abenh enz&s that every man that (hall knowingly en- tertain ajefuite, that that man (hall beaTraytor, (hall ftand guilty of Treafonj if fobe a man would fay in an Indidment that fuch a man between the 1 8 th . of November, in the 28 th . year of the Queen, and the 28. of December in the 29. year of the Queen, did entertain fuch a Jefuite, this Indidment would be naught, not upon the uncertainty of the day, but becaufe it takes in a time which is not pro- hibited by the Statute, the Inditement may be true that he did receive a Jefuit within that time, and yet that he did not receive him contrary to the form of the Statute , and to fay in the condufion contrary to the form of the Statute will not help it , for thatisourobjedion, that it is not done contrary to the form of the Statute,becaufe it takes in fuch a time,as that it might be done before the Statute came forth; we fay, that when there is a time laid between the 19.0$ March 1650, and June, i6"f i.and that with- in that time he did do thus, and thus, that there is the fault,it doth over-reach the time of the prohibiti- on of the Statute, for any thing appears to the Court, the Court may finde the Inditement or Infor- mation true, that he did it within this time, that is, between the 20. of March i6$o. and June, 16 51. and yet for all that,tbe party not in fault to be impeached,becaufe he migh: not do it contrary to t he Ad, for he might do it between the 29. of March, 16 jo. and June, 16 51. and yet doit before the Ad came forth, which was in Augufl, 1650. M.Hall. My Lord, I conceive M.Hales hath not anfwered that I alledged 5 but now if there were no other times mentioned in all the Charge, but onely between the 29 of March znA Jnnt, 165 1. then it were fomewhat j but when the times are exprefs \i before, though that it was in the year 165 1. and then we fay in the times beforefaid,I conceive that in the times aforefaid (hall relate rxpiefly to that time in the year, 1 6 j 1 . and then it muft be within the Ad. MMales. That cannot be, that will make the Charge worfe. L. Pref. That I conceive you are upon is this, the very Letter of the Charge j for you fay at this time that is laid, he could not be a Traytor, and you joyn it with a time in which he might be a Tray- tor J This (youfayjthey lay in the Inditement, that he did in fuch a time of March, and afterwards,and at tbat'ime there was no law topiohibite it, and fo that could not be a crime againft him, and this, you againft the Charge and Evidence. 1 1 x you fay, no proof will help it, I take it, M. Bales, this is tbc fubttancej but if this be thus laid , and the proof doth come in 5 this is very eflcntiall in my judgement, when upon the matter, if this be ?s you ftc it appears upon the face of the thing, that the proof muft go to that time within the Law, and thci cfoi c that will not vitiate at all fuch an Inuiumenr, if it were loas you fay j but 7 take ft", that this being com- plicated with more Lawts ,as I laid before, though he were not guilty upon this ,yct in the conclulion he is found guilty of that which is as to other oflences. Att.Gcn, I (hall fay but this, wee all know that a time is cxprefs'd but for formality, and that timcthatis cxprefs'd is nor materall, fo it b'e laid far back enough 5 but if I lay it in June, and prove it in June twelve months, k is time enough for this, as your Lordfhip was faying : that which 1 do fay, is, that I cannot confine not xfais very ad that is [uppofed to be, and yet not laid to be againft that Ad of the fecondof Auguft 165©. from this claufe in expreffe terms, not fingly ; But that which 1 humbly infill upon is this, that never a one of thefe offences fingly tranfgrefle one Tingle Law, bur is an offence againft feverall Lawes. I conceive, I had done my felf and the Commonwealth wrong, had I limited it to any one ', for his complying with the Scots, and joyning with them, and contribu- ting with them , and receiving intelligence, it is more then againft that fingle Ad > it is promotion of his intereft, and fubverfion of the Government, and againft every one of the laws : And therefore, I conceive, I had not done right to the place I am entrufted with, if I iliould bale laid it fingly $ but he is indited, that as a falfe traitor he bath done thefe things ; that is the preamble : and then wee in- inttanced the particulars, and give a time,which time he will acknowledg is not pofitively neceflary to be true, that that time muft be the day the fad was committed, but if it be before, it is enough : But heinfers, becaufe this feems to be an offence within the Statute of the fecond of Auguft 16*50. and is laid between the aoof March 1650, and the firft of June 1651. and Co whether this can relate to that Ad > and by evidence you know it is afterwards j but this being an offence againft feverall taws, I cannot charge it to be 3gainft one Law : but the art is now, as Mr. Live began, to take it afunder, and fingly, and then it is nothing $ and Mr. Hales takes it fingly. It is not againft this, nor againft this 5 but it is againft every one of them, and not againft this fingly, but againft the reft of them. S.Tho.Whber. My Lord, it cannot be contrary to the forme of the Statute, unleffeitbe done after the time,fotbat the conclufion mews it was laid within the timebut for that cafe, as Mr. Hales inftan- cedin, he puts a cafe of one Ad of Parliament, we are now upon offences againft feverall Ads of Parliament, in that cafe of retaining a Jefuite, he is a Traitor by the Ad of the 29 of Elizabeth, fotbat ifhelaies it between the 28 of the Queen, and the 20. if the Jury find that hee did retaine him knowingly on the 10. of May 29. then it will not be denyed, but that it is an offence againit the Statute. Mr.Hales. But ftill we fay the Inditement is naught in that cafe, becaufe it takes in a time which was before the Ad came forth, fotbat the party might do it within the time expreft in the inditement, and yet not do it contrary to the Ad, and this is our cafe. AxSjtn. My Lord, you have heard us for that. Mr.Hales. The 1 aft thing is concerning contribution to Silas Titus, and Sterk* a Scotchman 5 and to that we have the fame Exception,that that is not made Treafon by any Ad of Parliament,and there- fore it is miflaid to be done Traiteroufly, for the Statute of the 26 of March 16*50* only prohibits ir, and fo makes it penall, but n^t Treafon. But then we fay againe, it is laid yery uncertainly too 5 that, is, at the times before mentioned 5 if Mr. Atturney of the Dutchie his conftrudions fhould ftand, that is, that the times before mentioned refer to the time paft, then he may refer to a time before the Ad. But we conceive rhc thing it felfe is not Treafon by the Ad, but only prohibited 5 and we con- ceive, under favour ftill, that by way of redudion to any of the former Charges, this fhall not be made as an inftance or an overt ad by way of redudion to any of the former Charges, becaufe it is charged particularly ro be traiteroufly done,becaufe there are feverall charges ofTreafon before^nd that which M r .Atturny was pleafed to obferve upon another occafion,that in this cafe the charge is againft fe- verall AdsofParliament,it is true,but though it be againft feverall Ads ofParli'amenr,yet it muft bind & pinch upononejforwefay,one Treafon is not to be made an inftance to anotherymd fo to be made acceflary, and depending, and accidentall to another, and then we fay in thi* cafe, that this being noc a Treafon in it felfe, and being as uncertain to which of the former Treafons it is applyed, it cannot be well laid, nor well applyed, that is, tothelaft, that he did voluntarily relieve Silas Tim y it is not made TtcaforH Att.Gen. H2 iM after Hales his Pka tAtiut.Gcn. It is againftthe Aft of the i. of Augufl, i6jo. inexprefs words: read the Impeacji- menr. The Clerk. And further to carry on and accomplijh the (aid trayterous and wicked practice and defigne, be the (aid Chriftopher Love within the times, and at the places lajl aforcfaid,did trayteroujlf and volunta- rily reliae the faid Silas Titus, E Award Maffie, Co/.Bamtkld, oweMifon Late of London Gentleman, and one Sterks late of London Gentleman, who then were,andyet are under the power of the Seotch Nation in Armsagainjl the Parliament and Commonwealth of England, with monies and ammunition. Which Tre afons and trayterous and wicked pr aft ifes and defigns of him the (aid Cbriftjp her Love, were And are to the apparant hazard of the publi^e peace of 'the Common wealth, and Free-State, Parliament and Peo- ple of England , and to the manifold breach , contempt , and violation of the Lawes of this Lavd, and contrary to the forme of divers Statutes and Afts of Parliament in fucb cafe made and provided. M. Hales. Then we fay, it is uncertainly alledged, and uncertainly laid: but we take it, ic is not with- in the words of the Aft,we delire that Act m3y be read. The Clerk. That fhall from and after the 5. of Auguft,i6$o. ufe, bold 3 and mtintaine any correfpon- dence, (vi!l j but I lay, i: is Chrifthn law : and therefore never diftinguilhin aChrjftian Nation, that the lawes areMorall and Ecckiiaitic nil, with that fained dittindion > but all the Lawes of this Nation are Chriitian, and ftand with Evangelicall Truth, as well as with naturall reai'on, and tbey are founded upon it s and therefore, Matter hides, we are here ngw togo on by thefc lawes, which are the lawes of God, and wee muft walkin them, as wee would walk to Heaven. And for that you fpeak of now, Mr. Atcurney hath anfwered all the Ex- ceptions every one, and 1 think for that matter of Fad.every one of them particularly. Mr.Lcie did take his Exceptions too, and they were over-ruled. Now tc come .whether thefe are lawfull witnef* fesover again, when it is in matterof Fad, and over-ruled by the judgement of the Court, Matter hides will not think that is regular. And then,whtther there be two to one point or nor, that is ano- ther of your Exceptions ; that 1 take it (Matter hides) is not matter of law, but for the Judges to con- iiderofiti that which mould be matter of law, is this, whether that tingle proofs, fome to one, and fometo another, joyned all together do ifiue out all this Treafon > we want not presidents for that, for this is a hetcrogeneall Treafon, every particular that 'thefc Statutes make a Treafon, they are all of them complicated, be hath gone through them ail in his ad, and we muft pafle through them all in our judgments;though every one is particular Treafon, had it been Angularly laid by it felf 5 yet now being laid as one concatinated Treafon, they all of them make butone.Fcr the next,for that of mifprifi- on,heis not charged here with mifpriiion acalJ,but diced Treafonsjand if it be but mifpriiion, we lhall not for mifpriiion judge bim a Traitor upon this Charge j but then,wb3t is in his judgment miiprilion 1 if this be nothing but a concealment,! think that theCourt upon the Evidence will judge that it is more then a bare concealment,and whether Mr.Hdes will think it I be a promoter,and concealer from one to another, and have Co many continued meetings,whether two or three years together ading with them, & concealing them,for it is no: a bare concealment, but a complicated Adjfor if it were but a bare notion of it,we fhould have much ado to prove it,but ( I thinkj the Court is fatisried.it is more then notion. S.Tho.hPilber. 1 Ilia 11 fpeak a word to that &ir. Hdes moved laft, whether you will bepleafed to hear any more of Councels, in theCe three particulars; for, under favour,thefe three particulars con- cerning the witnefies, concerning their quality and number, and the Treafon it felfe, thefe are mat- ters of another kind of nature then all the reft be infilled upon, for the reft are meer matters of Law, upon the formality, and inefficiency of the Charge , thele cjueftions of the witnefies, aregucftions that aremixt, for tbey depend upon the matters in Fad, and cannot be otherwife ftated 5 now Mr. Love, though be had no Councell appeared before, yet be bad in his Defence all thefe Objedions tooi asofthe incompetency of them,bccaule they were pArticipes criminis i andforthatl think (under favour of your Lordfhips judgement) he had a full and acleer anfwer to it, in cafe of an Approver, he is Pxrticeps criminti, and accufeth men that are Participes criminis , yet that man even ex meritopt- ftitia t ht (hall be pardoned, faith our Law,and therefore that Gbjedion that is made againft the witnef- t'esjthat they are promiftd rewards and pardon, that is no Objedion,for in that cafe the Approver (hall have his pardon, ex merito jujlitia Then for the other pointjtbat is, whether by two witneffes in fuch a plot or no, to prove a Trcafonabie ad, that is, confifting meetly upon the matter of fad,that I (hall not take upon me to repeat, ycu have heard it j but this I [aid then, and this I humbly offer now, that if there be two witness, though they concur not in the fame individuall ad, yet if they concur in two ads, concurring to the fame Treafon, they prove the fame Treafon 5 if one prove the fending of let- ters, and another the fending of monyj I take it thefe are two witneffes, though they fpeak of two du ftindadsjbutin our proof we have gone on co two witneffes.three or four in moft points. But then for the mifpriiion of Treafon,we did apprehend tbat,that which M. Love himfelf bath confefl^is Treafon it felf> but Mr.Lcuris pleafed to make his own co-iedion upon bis owne confeffion, for 1 confejfemy prefence and filence after the [e meetings and tonfulutions > but Ms I ta^e to be mifprifienof Trctfon; To this I replyed,we took it to be Treafon it felfe, for our books fa^a man muft not fleep, nor look back,bur go prefemly to a Magiftrate to reveal 1: j but when a man^K not only fleep upon it, but keep it back. and ad in ir,this is more then mifpriiion. But our charge is for a Treafon it felfe, and truly Trcaion comprehends a mifpriiion of Treafon in it>but this point I think neither will come in quefticn now^ Againjl the C harge and Evidence. 115 now; for we fay and charge, that it is a uealon it felf, not Mifprifion > and (hat collection Odr. Love mikes, i: is his own, but the judgments yours, whether it be a Treafon or not. Mr. Hdcj. If it fee your Lo.dihips pleafure we mall fpeak, wee are ready to fay what wc can in the fho'tnefl'e of rimes but if it be not your Lordfhips pleafure, we mall not fay it. aAt.Gcn. Ifyo»r Lordihip plea fc to declare what he (hould fpeak to. Mr. Hales. Tbefe points, I ihall oncly mention them, Icannot argue them now. This is that I cor.- ccive; firft of all, according as the cafe n if ated, that is, Whether a perfon menaced, th3t bee (hall lofe his life if hedifcovernot a particular perfon, and thac be fha4l have his life if he dodifcovcr him j whe- ther fuch a perfon be a competent wicneffe or no / Att.Gcn Hear a word, I appeal then to you, whether any fucb perfon were produced before you / Mr. Hales. Firft we only go upon what fuppolition Mr. Love makes. Mr. Love. I humbly crave leave to that cff:&,to prove that particular. At.Gen. No,noc now,SK Mr.Halcs. Wee canceive fuch a perfon is not a competent witnefle : then that is ouc of the cafe, it mould fcem, Sir. Tru!y t then the cafe that is put concerning an Approver, comes not to thequeftion, under favour j for though it is true, an approver at Common law, might bean accufer s yet we are not now upon a proceeding at the Common law,when we talk of witneffes now j but we are upon a proceed- ing bow far forth warranted for the witnefles, by the ftat.of the firft and fifth oiEd.6: fo that what h faid concerning an App:over,com:s not to this queition > he thac may be a competent witncfle at Common law, he is not a competent witnefle upon tbofeftatutcs, for the words of the itarute are exprc fly, ihathce JhaU be a, lawfull and a fufficient witnefle : and iffo be that fuch a cafe were now, it is not to famplethis cafe that is before you, with the cafe of an Approver, which is a bare accufation at Common law, and where the Jury likewife are to have other evidence; for either the defendant may wage his battell, or puthimfelr upon his Country 5 and then it is at the pleafure of the Jury whether they will beleeve the Approver or no : but by the Ad of the firft and fifth of Edward the Sixth, it is cxprefly faid, There fijaU be two (utficitnt witness in cafe ofTreafon $ fo that that hath made an alteration of what was in the Common law before j one viitnefTe was enough before, now two wicneiles are requifite : and we conceive,cb: words lawfull and fufficient conclude fuch perfons ; if there be not any fuch, we are not to fay we know, or know not ; b u : it fo be any perfon is drawn to make fucb a teftimony for the prc- fervation of his life, and mill make fuch an expiefllon, wee think, that though it is true, he is a perfon that is attainted, yet he is a perfon that is thus diawn, and we thijik he is not fuch a wiinefle as is in- tended, efpecially in fuch a cafe as this is, where the tryali of the f>&is before your Lordihip, which is both Jury and Judg, to try the fact, and determine the law $ and therefore perhaps here will be a more rigorous expectation who mould be, and wholhould not be a fufficient WitnefTe, then in cafe it were a bare tryail by Jury 3 there may be thofe exceptions alledgcd ng3inft a witnefle when the tryali is as now i: is. that may not be when a trial i is by a Jury J and threfore it Co be thac a party be thus drawn to teltthefor the prcfervacion of his life, we think that this is not fuch a lawfull and fufficient W 7 itne fl'_- as is required in fuch a cafe. Next of all , it is faid in the piper, that they have detected tbem- felves, being parties of as deep a guilt as the perfon that is accufed : I will not difpute that at this time 5 for it is not the cafe, whether a perfon that is a plotter and confederate wichone that com- mits Treafon, may bs a Witnefle ; bu: when a perfon is detected by lawfull Autbori&y, before the Chirge exhibited, whether fucb a perfoa who is fo detected, wbofe ire is in the hands of the S:ate, be one of thei'e competent witness, we muft leave itto your judgment in thar, but we think he ii not a competent witnefle $ for there is nor 3 bare accufation of a perfon, bur fas the cafe is ftaced tous^) by a perfon that mould be examined and confefle bimfcif guilty of thofe things whereof Mr. Love is im- peached, nnd that before the Cia-ge is exhibited. My Lord. the next matter is concerning the plurality of witneflls, the number of them, we think, under favour, wich fubmiflion, that in this cafe, fuppofe the Charge had been fingly upon one act of Treafon, wee conceive, that in that cafe there is a necef- iky of two perfons to prove that Charge ; If the Charge be upon leva all Act* ofTreafon, be the Charge f 5 yet if you w. 11 bring tbem within any one of the ads, you muit have two Witneffes to bring them wirhin that act; For fuppofe a man were indited of Treafon heretofore for Levying of war, and another Treafon for adhering to the Knemics, and another TreaOn for counterfeiting of the Coin, or thofe kinde of things j thefe are fever.il 1 Treafons , though they a: e all put into one Information, and haply may be put, in cafe of necefluv, into one Indictment, as here are feverall acts puc into one Charge. Bu; now a proof of Treafon within one of the Acts by one Wttnefs,and a proof of a Treafon Q^i within ii 6 M. Hales his Plea. wichin another of the Ads by another witneffe,will not be cfteemed and accounted a proof by two wit- neffcs jfor it muft be a proof, not that he is within the Charge, but within that part of the Charge upon which he is to be arraigned jand here is not a proving each diftind part of the Charge by two witneffes, as the Statute requires. And then to come neerer,fuppo(e the Charge were but upon one Ad, as that he held correfpondence with the Scots, and did invite them &c.I conceive that in this cafe,under favor,thac that particular Ad with which you will charge him to be a Traitor within any one law, muft be proved by two Witneffcs. The Star-chamber courfe I know what ic was, that in cafe there were one generall charge, and then it did defcend (• feverall particulars, one witnefs would ferve for one, and another to another, and a third to a third, and thefe mould make up two witneffcs to convid the party 5 but we are not now in a proceeding of Scar-chamber , that is laid by, ic was not altogether fo regular in all things : and then,we are not in a thing barely criminal, but in a cafe of life 3 and not in the cafe of life ordinari- ly, but in a cafe wherein a party is accufed of Treafon, wherein the Statute dotb provide that there fhall be two Witneffes (as I conceive,) to fwear to the fame thing, by which you would bring him wichin it 5 otherwife they ftandas finele Witneffcs every one apart. I have heard of a cafe (I have not had fo much time as to look into it) concerning M r . Rolpb, indited at W'mbtficr 5 I will not fo much as repeat over the Cafe upon my credit to the Court s but I take it, it was tbas : Hee was indited for fomewhat about the perfon of the Kings one Witnefle depofed about the prefenting of a Piftol, or that he faid he would 5 another about poifoning, or that he laid he would : thefe two things did conclude in one & the fame adjand though they concluded in one and the fame as evidences,complicaced eviden- ces to make good one Charge,and either of them had been fufficient, if proved by twoj.yec as I am in- formed (this is the inconvenience, upon the fudden we cannot offer it upon the confidence of our own knowledg, which a little time would make us wholly decline the mentioning of it, or affirm it upon our credit ; but this I am informed) was not held a cafe proved by two witneffcs $ and if that be fo, then I conceive chefefteps 5 the firit will be agreed, that the proof of feverall Charges by feverall Wit- neffes, againft feverall Ads, will not make a proof by two Witneffcs 5 it muft be a proof by two Witnefles againft one aft : therefoiethe proof of any thing againft the Adof the 17 of July 1649, and another proof of a thing done againft the Ad of the thirtieth of January 1648 $ and ano- ther for athing done againft the Ad of the 2 d .of Aug.io'fOjheretbe offences are feverall,tbe Treafons feverall, and the Witneffes to either ftand fingly by themfelves : How the cafe of the Fad is up- on the proof, I cannot tell > that is, whether this falls out to be the cafe. But again, if the Charge were fingle, 3s now upon the Aft of the 30 of January 1648, for proclaiming of the King, or pro- moting the Prince of Wales his intereft to be King of England 5 we think, with fubmiffion, (which we /hall leave to your judgment) that in that cafe there is a nece/lity of two Witneffes to fpeak to one things and not one to fupply one part, and another to fupply another: That fhall be as much as I fhall fay concerning that > and I could wifh that wee had bad fo much time as to look into ic, to inquire what the truth of that cafe was which was tryed at iVtncbefter, as I take it. Now for the o- ther matter, that is y Whether Mifprifion of Treafon, concealment of Treafon be Treafon ? if that be not infifted upon. An. gen. No, no. VAt. Hales. Under favour, the law is, That concealment of Treafon is not Treafon; but if that be not infifted upon, then the queftion of the fad is, whether there be any more then a proof of a conceal- ment,or of a Mifprifion of treafon > which if fo be it be not, I can fay no more. Att.Geru Truly (my Lord) I did intend to fpeak to that of &t. Loves cafe, and as of bis making, but not now of bis making, but as he hath made it formerly j furely, it is a great deal of patience and favour you have afforded him, that formatter of fad and law you have heard it all over again : As for that firfc, of the Competency of the Teftimony, I fhall remember his own dlvifion $ Firft, of the Charge : Secondly, of the Witneffes and the Teftimony : The third, concerning Himfelf : And the fourth,bis bumble Propofals to the Court. One part of his Defence was concerning the Witneffes and Teftimony,thathemade a long defence to y and if it be not good evidence, that parties that are of the fame robberies may not accufe their fellow theeves,I think fome muft be unhanged that have been han- ged : but that I (hail not fpeak to, for I think not that Mr. Hiks bis judgment leads him to it 5 but i( •bey were threatned, and mould be made afraid of their lives, that were fomewhat 3 but that is not the cafe here. Thenexc is for two Witneffes : I might fay, that by the Common Law of England, one witneflc was enough before the Law of quinta Edmrdifcxti was made j for elfe ic was not need full to againft the charge and Evidence. 1 1 y to be made} and Mt.Hxlei knowes again,:hat as to Trill 1, thofe Lawes are repealed > but not to trou- ble you with thefe things, or to (ay wherein they muft concur, I did crave the favour of you to read the Witneifesasthcy depofed^and I did tell you when it was by hear-fay,and when upon knowledge, and when by two, three, andfoure,tofeverallads of M-Lqvcs ovtn adings,two, three , foure witneiTcs , I think they are number enough to accufe, and deted apeifonof as high quality. And for the laft, for mifprifion of Treafon, M.Love bath laid that which never came into my thoughts, thatfucbadings done by tM.Love could be judged mifprifion, he that aded with them, conlulted, and debated, and plot - ted, gave his judgement one way, moved to raife mony, received intelligence, all brought to bis houfe, and tranfaded there $ I would appeal to M.Hales his judgment, whether this could be mifprifion ot Treafon, when a party ads in it, hath the meetings at his own houfe, and hath there debates of Com- miflions, and Inftrudions, and Letters, I think this goes as far beyond mifprifion, as Treafon is be- yond mifprifion > but feeing thefe are new cafes before you, you have rpent enough of your time, I ihall not fpend more to argue the cafes that are not. M. Love . I humbly crave leave that feeing my councell fome of them are re jeded by the Court, as noc fit to plead before you, and feeing another of them, M J appeale to all here, whether a WitnelTe brought into a Court in matter of property, and refufe to take his Oath, whether that Court be not bound in iuftice to punilh him, and yet if he Ihall fee his error, and fubrnit himfelf to do that which to juftice belongs , then (I think) it is juftice and mercy in you to remit him of both jand that is the cafe of this Gentleman jin conference, he could not fwear againft him, a confeience well wrought upon j he could not in conference fweare a- gainft him ; for him it was done in the Court, and by the Court, and (I thinke^ undeniably ju- ftified. M.Love. He is not under an oath to this day, be hath declared it himfelf. At. Gen. This is to fatisfie other men, but it is not fo regular, and orderly to be done; but my Lord, and the Court are pleafed to give you a faire hearing, and proceedings , that no Exceptions may bee taken to it : there was another that was as good as bis word , that hee could not finde in his confeience to fweare againft Mr. Love, and that was a Minifter, that confeience defer ved to be redified more than five hundred pound comes to, and perpetuallimpri- fonment^ that man that cannot finde in bis confeience to judge him that was a godly perfon (as hee thought) and againft him bee muft not give witnefs, not for Treafon, notto favea Common- wealth u8 Mr.Haks his Plea wealth ; and he h.-th bad your fentence, and molt juiUyi I thinke all that was , was too little, my Lord. Then for the reft, this is a dilcourfe to fatisfie people, tbe Spe&ators here 5 for furely thefe are extravagancies, and total! i< regularises ; he hath had his time to except, and heard to except, and faid ali that be bath laid now ; and fo there is nothing more to be dene, bui now for us to reft in your judg- ment what you will do further. M.Love. 1 befcech you, 1 acquainted your Lordflup and the Court , that fome of tbe WitnefTes were not well, others I could not get them here prefent , but did make offer to bring Witneflfes to prove again ft Major Admr, that he hath con ftfted himfeife be was threatned with death if he did not inform agaihft me, and he laid thefe words, he could not tell whether hcihould inconfeience tbinV rather beL- ter to be hanged then to come in againft me; and be could fwear only generalls, and could not fweare that ever I did write or receive Letters : and M.faqucl himCelf 3 fince he was lent away from the Court, hath faid he was not under an Oath. eAt.Gcn. What courfefhall we hold ? if you will not be regular, let the Court be regular : had you not time for to do it then ? Did he not demand Indempnity for them ? and rather than he would pro- duce others to hurt themfelves, he would rather die himfelf firft. M.Love* But thefe are not under a crime,! befcech you, the Court would be tender in matters of blood- At. gen. be tender of juftice. L,Pref. I would you had been fo too. M.Love. This man declares himfelf he is not under an Oath to this day, be did but put his hand upon his bttons. L.Trcf. Tnofe were your very words, and very uncivil! and indifcreer; you have not fpoke at any time yet, but you have burr your fclf more than any body els hach, and yet your language is fo liberall, that no man fliall efcape the lafh of your tongue. Mr. Love. I feare no mm, my Lord. At. Gen. That is a bold word. L.Tre/. You have as ill Comments as any man that wears a caps your guiltinefs appears in this -you fay 5 we have heard all this that you require before ; thofe v^ry words that you fay of this man now particularly, go to them firft, that he was faying, he was not under an Oath. It was laid fo again> and again, and again at that time we brought him , and before he was examined, holding up bis hind, we asked him it, and be faid he did, and put it to him again^and again, Are you under an Oath ? till at tbe laft he did conclude and teftifie he was under an Oath ; I teftifie this before all the company here, this is noifed abroad, ag^in by many people, th: care we had of that very man you fpeak of, you asked him three or four times then, and at the laft upon the conclu(ion,beconfefled himfeife he was under an Oath, hee did not doe as you doe , you will fay thing* are truth, but you will not fpeake thofe Truths before Gsd in a teftimoniall way, though fome of your Witneflls that proved, faid it was true intheprefenccof God, what they gave under their hands; thefe men that do thus, are no better than Jcfui:s in reality, though not in name. You midea Confeflioa of mifprilionof Treafon you faid, but you have confeflkd Treafon. I will tell you who did tbe like in the very words almoft that you did, and that was Father Gimet, when hee came to fee the evidence produced fo full againft hirnbythofe that were participes criminh, as you are, himfeife confelfed when hee came to the laft, Had I thought (faith beej that the Stare bad had fuch cleare proofe againft mce , I would have ingenuoufly confeiled it, ani ax tr fled with them as I have done: So you faid, you did nor thinke ic would have been proved fo farre as mifprifim; but when it was pro- ved fufficiently in your apareherilion, an 1 convicted , and your couni'ell hid informed you it could not be letlcthan mifprifion , rhen you woi d ingenuoufly confeiiVi fo did Giruet. The other wic- nefs that wis tbrea:ned,it was tcftihed by a worthy Captatne 5 I ('peak ic again, was not it debated as much as the wic of man could? did you n >t object thicihcn tha: you do now? and did not the C urt then fatisfie you,o; at leaft fatisfie themf-'lvcs that it was not fc? For L tell you in tha: verie thing, wherein you fay be 'Was threat ned , it was told you, that the Captaine that was here then, d.pj^d what hee had done, an I haw hee hid d:>ne it, and a: what time it was delivered; for you Wire difcovered long befo-e that , and your Examinations taken long before that; upon this now when yau: Treafon was difcovered ani declared by feverall Witneffes , and that fuch a one Wis in confederacy, anil think the S:ate migh: fafcly promife him life, and reward too; for there is martin the plotyer, th?n is yet found out, and that fome are like to hear of within this fortnigtr, that were here, which is 3dmgerous thing ; but this you did declare, and the Court was fauified, that againjl the Charge and Evidence. 1 1 9 tbat all that was promifed as a reward, was for discovering of a plot againft the State: and that was lawfull by the Lawes of God and man. And now you bring Witnefle j you were at fil ft demanded whether you would bring them or no j and you asked indempnity for them, and the next time you denved you would bring none S and now you are asked wbac you have to offer to the Court, and after a!) this time, what come you to doe now ? to prove that that was afted here in the Court > you fay, we theatned them j true, (hat wc did threaten fome, and I think we went thus far, that if he would not, wou ld fct five hundred pounds fine upon his head ; but he would none of that, but came in again, and deliveied his knowledg. But you had another of your own Robe too that came in, and hec would not teftifie, and why ? His confeience was tender* his fcience was perfect enough to fpeak againft you; for bee was. confederate with you, and hath confeffed enough of it j but his confei- ence was tender : No man can tell here whofe confeience isctszy, and tender 5 confeience is a thine betwixt God and manonely 5 and they that lay nothing upon their Confciences to prove their integrity, they had as good lay nothing before a Judg 5 for though wee have a Law of Confeience in England,' yet that Law is judged by rules ; and therefore he, whoever he be that pretends Conicience, there are fo many confciences, as there are men, and no men have power to judge of it but God j buc Sir for that caufe that he would not for his tender confcience,we did fct a fine of 500 l . upon rum,and fentenced him cotheFleettil he paid it: we call not this terrifying, neither doth the law j nor any reward favour nor affecxion,for the difcovery of a Traitour, isnoillcgall act, this wee told you before j buc you mutt have it again,and again, and again; fo that you may delay, no time Hull be omitted by Mr.Lovc. I have but a few words more ; your Lordfliip waYpleafed tofay, that you could juftifie promifing rewards to thofe that would difcover, and threatning punifhments to thofe that would not > but you faid,if I could prove promifing of rewards or threatnings to them that would not teftifie againft me they mould be heard > now I produce not witnefles in generall, that they were promifed favour or thrcatned if they would or would not* but I offer to produce witnefles that can witnefs againft fome of the particular witnefles, that faid tbey mould be banged,if they did not witnefle againft me 3 and this,as your Lordmip promifed,I humbly crave. At.Gen. Truly he will not want fuggeftions, hehath had his time to prove it,and one favour I mall beg of the Court, that this your patience to Mr. Lovc y your juft favour toward him,may be no prefi- dent hereafter 5 buc for this, when we doled the Evidence Saturday was fevennight for the Common- wealth, he had till Wednefday following to make his Defence 5 for his witnefle he offered them, you offered to receive them, he fsid he would have none, nowhecomesto offer; we produce you no new witnefle, nor offered nothing fince Saturday was fevennight, ifwecometo witnefles again, we /hall come to anafperfing one another, we (hall makeit a prety endUfle work ; we have done our parts, and followed the rules of Juftice,and Mr.LovC hath had his full liberty to juftifie,t ofay what he could, and prove what he could for himfelfei if henegled his own time, tohisown periUbeit ; the Court I hope will not be guilty of it to alter the wayes or Juftice. tMr.Love. 1 could not compell witneff.s, there was no Subpcenas, but they muftcome when tbey of- fer themfelves. L.Pref. You were asked, and you would produce none. {Mr. Love* They were not in a capacity to come, my Lotd . At.Gen. There is nothing refting more to be done, but now all being done fifyou plea ferny lord all being done) for the iflue of the Fad, all his exceptions to the impeachments, which are matters of Law* we are now humbly craving your judgement upon this impeachment between the Keepers of the Liberty of England, and Mafter Love the Priioner at the Bar. I now humbly demand your judge- Mr.Love. I humbly pray 5 that fince I never faw the face of this worthy Gentleman, till this mornings and fo could have no particular advice from bim, that there might be longer time allowed to this Gen. tleman, and an addition of three Gentlemen more, and acoppy of the Charge. Att.Gen. You havehad more then ordinary Prifonershave bad before, I will aflare you, Mr. Love. L.Pref. M.Hde s you have heard a little opened of our paiiages and proceedings which you did not before, but every man elfehath lift up his voice j you have gone over a great deal of the fact : now for matter of LaWj.for that of mifprifion, that will reft (ItbinkeJ in the judgement of the Courts, there, 1 2 o CM after Hales bis Pkd there is no mtfjfrifion laid, but Trea on, and I chink the Court will find Treafon upon the proofs th it are before them, they will not need to have any Argument of mifprilion, if th; Court think there is fuflicient Treaionliid, then that Argument, we need not defire no more time for that and if i:*bc mifprilion, that the Court thill judge it fo, then upon the matter there is no Charge aoamft him for us to proceed upon, fo that by tha: Charge, I cannor fee whit you can ground °your Argument upon. b Mr.Hiles. The Charge is not onfy for Treafon,but for Treafon and other High crimes.and mif de- meanors. At Gen. But not milprihon. JH/'.Hj/^. Though the word be not in, we think it will reach it. LrPrcf. It will not indeed. At.gen. We infift upon it for the' Commonwealth, for the Charge is as it is laid. L.Pref. For the two next, fol told M. Love beforehand he fpent two hours ac the leaft in capitula- ting the evidence of the State, not any thing of his own, for he gave no Witness j but he did go over the whole evidence of the State from point to point, and made, I think, bimfelf (as he laid,) the Excep- tions that were made againft them j thefe he went over, though we might have Ihut him up at the fkft • for him to fumm up that which was the duty of the Court, when he had no evidence, to fumm up the E- vidence of the State, which wee might not have let him: but this he did ; and it is our part to exa- mine the Evidences, and the nature of them, and what the nature of the thing is, and how many Wit- nefles arc to every point : whether there be two Witneffes to a point or no, cannot fall under difpute of law, it is matter^offad. ^ Mr. Hjttrrlth true, we are here only to do that duty that your Lormip injoyns us to fmy Lord ) It is true, for us to difpute whether this evidence proveth fuch a thing or no, haply it may not belong to us to do that / But thus far, if your Lordfhtp think fir, this may haply be allowable (with fubmiffi- on to the Court) that is y whether, if the proofs be admitted, this man pofitively proves thus the c- therman proves pofitively thus ; whether that thefe two proofs do make a proof of one faci, haply fif your Lordfhip fhall fo think fit) there may be fomewhat of Law in that 5 that is, whether it make a double Tcftimony within the Statute of Primo and ^uinto: For (with fubmiflion to your Lord- fhip) the Statute of Trimo and Quinto is not repealed as to point of Teftimony 5 it is repealed as to the place from whence the triall is to come 3 but not in point of Witneffes, therein it m3y come in quc- ftionlefle fif your Lordmip mall think fit :) But truly, I have not feen one word of the evidence from the beginning to the end > and if fo be that any matter mould rife, that the Court fhould think fit as well as proper for me to offer in the defence of this Gentleman, ImuftprofefTeIcannot,unlefle I had feen the things j for I have not feen one word. L.Pref. For feeing the Evidence further then memory, you nor no man elfe ought to know, though wee have given leave to write ; and therefore though wee have given leave to take notice of them, yet that is rrwrc then ever any Court did, or we need to have done, but onely to truft to their own memo- ries : but in that you fpeak of now, for you to have day to argue, when you are not able to fay, nor we neither, that there is any fuch thing. Did you ever bear fuch a thing, to pray day to argue that you do not know pofitively it is fo ? Att.Gen. We have fpent a great deal of time, and all that can be faid will be but to run around* What is to be done, is your own confultation among your felyes. L.fnf. Withdraw your prifoner. Mr. Love. I befeech you, allow me time for Counccll. The Court adjourns. ffffiffifff The 121 the fixth dayes Proceedings, faty}. 1651. THerc was but little faid this day befides tbc Sentence. When Mr. Love appeared at the Bair, the Atturney General fpake to che Court to this purpofe, Tbac there bad been much tim" fpenr, And Mr. Love had had a fair tryall, and therefore he defired the Court to proceed to femence. Upon whicn the L.Pref. fpake to Mr. Love 10 this effect, that he had heard what the Att. Gen. defired in chc bch-Uf of the Commonweal-b, and therefore demanded of Mr. Low, what he had to fay why fencence ihomd not bepafs'd upon him ? Mr.Love anfwered, That he bad fomewbat to fay, and defired longer tiiac and more Councel to argue thofe matters of law contained in that paper that hee had formerly giv.a into the Court / but the Court would not yeeld to him in it. Then Mr. Love would have fpojtea.. further > but the L. Pref. told him, he would fpeak ad populum : M.Love anfwered, No, he would fp^ak td tMagiflratum; But the Court prefently overruled him in it, and would not fuffer him to (peak. Then the L.Pref. told M. Love, that he had gone out of his place and calling in whac he had done : then fpeaking Cometbing about an Elder, that an Elder was one that was fo cither in refped of his agr, or in refpe& of his office,with fome other things about Presbytery; and when be had done,he commanded the Clerk to read the Sentence > which was in this manner, The Clerk read over the whole Charge, be- ginning thus, Whereas Cbriflopbet Love,tbe Prifoncr at the b ar, ft ands charged (on tbc behalf of the peepers of the Liberties of England 3 &c.) ofbigb Treafon, and other high crimes and offences,^, and fo he read on as it is in the Charge j and ending thus, For all which Treafons, and traiterous and wicked practices of him the faid Chriftopber Love, thk Court doth adjudge hint to fuffer the pains of death, by having bU head fevered from hu body. Mr. Love. My Lord, I would fpeak a word. L. Pref. You cannot be heard now, M. Love. Mr. Love. But a word, my Lord, and 'tisthis, in the words of the Apoftle, 1 have receivedtbe fen*- tence of death in my felf, that Ijbould not truft in my felf, but in god, which raifttb the dead. And my Lord, though you have condemned me, yet this I can fay, that neither God, nor my own conference doth con- demn me. Mr. Love withdraws,and the Lieutenant of the Tower takes him into cuftody. Augujl 2 2, l6 J I. \Jl r Love was brought from the Tower by the Sheriffs of London to the fcaffold on Tower hill, about -****■ two a clock in the afternoon : the Afiniftcrs that accompanied bim were Mr. Afh, Mr.Calamy, and Mr.CM.amon. When he was upon the fcaffold, Sheriff Tichburn lhcwed him the warrant for his luf, fering,telling him, that he took no pleafure in this work, but it was a duty laid upon him. M. Love. I beleeve it, Sir. Sheriff Tichburn. I have done my duty for you. M.Love. The Lord blefle you. Lievt. of the Tower. The Lord ftrengthen you in this hour of your temptation. M.Love, Sir, I blefle God, my heart is in heaven. lam well. Then turning to Sheriff TicGburn, hee aid, May I have the liberty to fpeak and pray ? Sh. Tichburn. Yes: but Idefire you to confider, wee have the o- ther [meaning !M. gibbons'] to execute afterwards, and fix a clock is our hour : but we will give you as much time as we can. Mr.Love. 1 Ihall be the briefer. Then he put off his hat two feveraii times to the people, and fpake as foiloweth j Beloved Chriftians, |" Am made tkis day a fpe&ade unto-God, Angels and Men : and among me^I am made a grief to the ■■* godly, a laughingftock to the wicked, and a gazingftock to all J yet blcffed be my God, not a terror to my felf. Although there be 6ut little between me and death, yet this bears up my heart, there is but little between me and heaven. It comforted Dr. Taylor the Martyr, when he was going to execution, that there were but two ftiles between him and his Fatheis houie > There is a iefler way between me and my fathers houfe, but two fteps between me and glory 5 ic is but lying down upon the block; and I R (bail 122 Mr. Love's Speech at his death. Hull afcend upon a Throne. I am ibis day (ailing cowards the Ocean of Eternity , through a rougjj paftage to my Haven of Refl 3 through a Red Sea to the i romi fed Land. Mc-rhinks I heare God (ay to me as he did toMofcs, Go up 10 Mount Hcb0yO.nl die there ; So to n e, Go up to Towcr-hiU and die there, jfaac faid of bimfclr, that he was old, and yet he [new not the day of bis death 5 bur I cannot fay To, lam young, and >ec I know the day of my death, and I knew the kind of my death, and the place of mv d'ta.h alio. I am put to luch a kind of dea.h as two famous Preachers of the Gofpell were put to b.vore me, Jcbn the Bapiift, and Paul the Apoftle, they were both beheaded > you have mention of the one in Scnpture-ftory, and of the other in Ecdcfiaftical] Htftory. And I read in 7^v 20.4. the Saints were beheaded for the Word of God, and for the teftimony of -fefua : Bat herein is the difadvantage which I lie under in the thoughts of many, they judge that 1 luffer not for the Word of God,. or for Confcience, but for medling with Sate-ma:eers. To this 1 (hall briefly fay, That it is an o!d guife of the Devill , to impute the caufe of Gods peoples fufferings, to be concrivements a^ainft the S:are,when in truth, it is their Re igion and Confcience they are perfecuted for : The Rulets of I[rae\ would have put Jeremy to death upon a Civill Account , though indeed it was onely the truth of bis Prophecy that made the Rulers angry with him ; and yet upon a Civill Account they pretend he muft die, becaufe he fell away to the Caldeans,md would have brought in forrain Forces to invade them ; The fame thing is laid to my charge,of which I am as innocent ssferemy was. Yea,I find other inftances inScripture,whcre- in the caufe of the Saints fufferings were itil imputed to their medling with State-matters; Paul,\ hough he did but preach Jefus Chrift,yet he muft die 3 if the people might have their wil,under pretence that he was a mover of fedition. Upon a Civil Account my life is pretended to be taken away,w~bereas indeed,ic is,bc- caufe I purfue myCovenant,& wil not proftitute my principles & confcience to the ambition & lufts of men.Beloved,! am this day making a double txcbahge,I am changing a Pulpit for aicaffold,&a Scaffold for aTbrones& I might add a third,I am changing this numerous muhitude,the prefenceof this nume- rous multitude on Tomr-bUfor the innumerable company of Saints & Angels in beaven,the holy hill of S/o/ijand I am changing a guard'of Souldiers for a guard of AngeU,which will receive me,and carry me into A brabxms bofome.This fcaffoJdit is the beft Pulpic that ever I preached in; in my Church- Pulpit, God through his grace made me an inftrument to bring others to heavens but in this Pulpit he wil bring me to heaven- Thefe are the laft words that I (hall fpeak in this world, and it may be Khali bring more glory to God by this one Speech onafcaflfold, then I have done by many Sermons in a Pulpit. Before I lay down my neck upon the block, I (hall lay open my Caufe unto the people that bear me this day,that I might not die under all that obloquy and reproach-that is caftupon mejand in doing it, I (hall avoid all rancor, all bitternefl'c of fpirit, animofity and revenge j God is my Record, whom I ferve in the fpirit, I fpeak the truth and lie not $ I do not bring a revengefull heart unto the Scaffold.This day, before I came here, upon my bended knees I have begg'd mercy for them that denied mercy to me, and I have prayed God to forgive them who would not forgive mej I have forgiven from my heart the worft enemy I have in all the world; and this is the worft that I wifh to my Accufers and profecutors,who have purfued my blood, that I might meet their fouls in heaven. I ftiall divide my Speech into three parts; I (hall fpeak fomething concerning my Charge, and a word concerning my Accuiers and touching my Judges, without any animofity at all J and then fomething concerning my felf for my own Vindication, and then a word of Exhortation, and fo I (hall commie my foul to God. Concerning my Charge, it is black and hideous, many things falfly fuggefted , hardly a line of it true,and nothing Capitall fufficiently proved againft me by any one Ad that I am confeious to my felf I did. The Charge is high and full, but the Proof empty and low 5 though there were eight Witnefles that came in againft me, yet none of them did prove that ever J writ any Letter,or directed any man to write a Letter into Scotland, or into forraign parts 5 no man did prove that I fent away any Letter,thae /received any Letter, that I collected or gave, or lent any money to aflift or promote the Scottifti War: This is all that is (worn againft me, that I was prefent where Letters were read, and that I made a motion for money to give to Maffey 5 fo that (beloved,) my preferrce at, and concealment of Letters that were received and fent from fo; reign parts, is that for which 1 muft die. As concerning my Accufers,/ (hall not fay muchj J do forgive them with all my heart, and I pray God forgive them alfo. Yet whu the Evangelift faid concerning ChrilVs Accuiers, I may ( without vanity or iaKhoodJ fay of mine, That they did not agree amongft tbemlelvcs: One Witnefle fwears one thing,and another the quite contrary: Yea, not cnl/ did they contradict one another,but fometimes Mr. Love's Speech at his death. j 23 a finale Witneffecontcadidedhimfelfc. And th oughcheft Tcltimony did condemn my Perfon, ycc I have condemned their TciHmony.And truly there are many remarkable circumltances that 1 mighc take notice o{, either in, or before, or lince the Trial,that might be worthy obfervation, buc I will noc inlift upon itj only in the generator I Hull name none of my Accufcrs^omeof them have fent to me, to pray me to forgive tbem the wrong they have done me: And one ct thun ha:h written to me under his own hand,to pray me to forgive him the wrong tha: he Inch done me jand told me withall, that that day I ihould die a violent death^his life would be no comfort to hirmbecauk he wis an Inlhument in taking away of mine. O.hers of the WitneiVrs were fome terrified before they would teftifrc ; fome were hired, fome fined before they would bearWirnelie againft me. Bat I will be ofYof this. As concerning my judges, I will not judge tbem,and yet 1 will not juftifie them :I will fay but this of thcm,I beleeve tbac what moved Herod to cut eff'fohn B ipiilVi bead^hat moved^tbem to cut offmine ; and that was for his Ojthsiake : Herod to avoid Perjury would commit Murther 5 whereas if John's head had been upon his ihoulders,he would have been guilty of neither. I nave fomething in the fecond place tc fpeak concerning my GtHj and then I (hall come briefly to a conclusion. Concerning my felte, I have gone through various reports ; there are many fons of {lan- der, whofemouthes are as open Sepulchers, in which chey would bury my Name, brfore my Friends enn bury myBody;but my comfort is>there will be a Refurre&ion of Names as well as Bodies a: the laft day : God will noc only wipe offall tears from my eyes this day, buc he will alfo wipe off all blots and reproaches from my Name before many days be overhand though my body wil foon rot under ground, yet my hope is, my Name will not rot above it. I am not ignorant wbac Calumnies are call upon me, and more likely to be after I am dead and gone. The very night before my intended Execucion the laft monthjtbere was an infulting Letter written to me,to tell me,:hac after my death there (hould be fome- thing pub/imed againft me to my fliame. I hops you will have fo much charity as not to beleeve reproa- ches caft upon a dead man,who will be filenc in the graven and noc able to fpeak a word in his own Jufti- fication. I am afperfed both as to my Practice,and as to my Principles. I (hall begin with the firft. There arefiveafperfionsastomy Pra&ice that are laid upon me, Tbac I am a Liar, That I am an Extortio- ner, That I am an Adulterer, That I am a Murtherer, and That I am a Turbulent Perfon : Crimes Icandalous in any man,but much more abominable in a Minifter.Now I hope you will beleeve a dying man, who dares not look God in the face with a lie in his mouth: 1 am accufed of lying, that what! denied before the High Court of Juftice, that that afterwards I ihould confeffe, or elfe was proved a- gainft me. Now in the prefence of God I tell you, as I would confefTc nothing that was Criminal, fo 1 did deny nothing that was true 5 and that I miy feal it to you with my blood, the fame Proteftations I made beforethe High Court, I (hall make briefly now : 1. That I never writ Letter to the King, Queen,Church or S:ace of Scorhnd,or to any particular perfon of theScottifh Nation fince theWars be- gan to this day. 2. That I never received any Letter writ to me^ either from the King, or from the Queen, or from the Church or S:ateof Scotland,or from any particular perfon of the Scotcifh Nation, fince the Wars began t o this day. $ . That I n:ve: colleded, gave or lent one peny of money,either to the King, Queen, Church or State of Scotland, or to any particular perfon ro fend into Scotland,to any perfonof the Scoctifh Nation to this day. I: is true, I did confeffe, though ic was not proved (and haply upon that ground the miftake might arifejt did give mony to filijfey^nl I did alio write a Letter to him, but he is of theEnglilh not of the S:o:tilh Nation. That for which I come here, is only for moving for mony for him,and that not upon a milicary account, buc meerly to relieve his perfonall ne- cefsities,and for heing prefenc where letters were read from him and others. And although man hath con- demned me,yet I amlofar from thinking that either God or my own confeience condemns me,as fin- ning in what lam condemned for,thac both God and my own confeience doth acquit me: and what I faid at the Bar when I received my Sentence, that I (hall fay upon the Scaffold, That for thofe things for which I am condemned, neither God nor my own confeience condemns me. Again, I am accufed to be an Extortioner ; and this is in the mouths — I am loath to name them.be- caufcl will avoid all rancor ; Buc I am charged as if Ifliould be a grievous Exrortioner,to receive Thir«* ty pounds for the loan of Three hundred ponds, befides Eight pounds per centum for Incereft 5 which in the prefence of God and of you a'l,T do declare to you, is a moft notorious and abominable falfhood. I am accufea likewife to bean Adulterer, and this report is not in the mouths of mean men, but in the mouths of thofe that fit at the Srern : As if I were a debauched Perfon, and were guilty of Un- clcanncffe. Now I cell you, as Liabtr faid of bimfelfe in another cafe,Thac he was noc tempted to Co- R 1 vetouf. j 2 ^ Mr. Love's Speech at his death. *eeeoufne#e 5 fo through the grace of God I can fay,I have no been tempted in ail my life to Unclean* nelfe.Ic doch not much grieve me though thefe Slanders be call upon me : I know my betters have been worfc accufed before me : Atbanafuiswis accufed by two Harlor>y hac he had committed folly wicfa them, and yec the man was cbaft and innocent. Bi\a was charged not only with Drunkennefle, but with Lafcivioufneffe alfo,and many others have been accufed with the fame, if not with worfe Slanders then I have been. But (that which goeth nearc ft my heart) 1 am accufed to be a Murtherer alfo j and this is a Charge high indeed > I am charged with the guile of all the Blood of Scotland > whercas,did I lie under the guilt of one drop of Blood . I could not look upon God with fo chearfull a Countenance, and I could not be filled with fo peaceable a Heart and Confcience as I have at this day. I blefs my God,I am free from the blood of all men : Thofe who by this to my Charge, they do to me as Hero did to the Chriftans .• He fet Rome on fire, and then charged the Chriftians with it : So they put England and Scotland into a flame, and yet charge me with the guilt of that blood, who have poured forth tears to God night and day, to quench the burning which thele mens Ambitions and Lufts have kindled : And I would fain know of any man, what aft it is that I have done ? or what is it that was proved in the High Court a- jainft me, that makes me guilty of Scotlands blood ? Did I ever invite the Scots to invade England ? What man doth lay that to my charge? Did I ever encourage the Englilh Army to invade Scotland? What action is itthat I have done that makes me guilty of that blood i Indeed,this I have done, and this I have, and this I do ftand to 3 I have,as a private man prayed unto God many a day, and kept ma- ny a Faft 3 wherein I have fought God that there might be an agreement between the King and the Scots, upontbeintereftof religion and terms or the Covenant : Now, by what confequence can this beftrained, to charge me with Scotlands blood r" For my part, I was but only at one Meeting where the queftion was propofed (Fafts only excepted) What mould be thought fit to be done to promote the Agreement between the King and the Scots ? and that was moved in my Houfe : And to that end when there were fome things there propofed which they called a Commiflion or Inftruftions to fend to Holland, as foon as ever I heard them, I did declare againft them. I did declare that it was an act of high Prefumption for private perfons to Commiflionate ; an Aft of notorious falfhood,to fay it wa« in the name of the Presbyterian Party,wben none knew of it (that Iknowof,) bu: only thofe few then pre- fent. Now this is only a politicali Engine to make the Presbyterian Patty odious, who are the beft friends to a well-ordered Government ,of any fort of people in the world. lam accufed iikewife to be a man of a Turbulent fpirit, to be an enemy to the peace and quiet of the Nation. Now, as to this, let my Congregation and my Domcfticall relations judge for me, whether lam not a man that would fain have lived quiet in the Land : I am as Jeremy was, born a nun of con- tention 5 not Actively, I contend, I ftrive with none : But PaHively, many ftrive and contend with me. God is my Witnefle, My Judgement hath put me upon endeavouring after all Honourable and Juftwayes for peace and love among the Godly. The grief of my heart hath been for the Divifions« and the defire of my Soul for an union among God's People.But when I fpeak of an unionj wou'd not be mifunderftoodjl do not mean a 5"tate-union,to engage to the prefent power,that is againit my Prin- ciples j That is to fay, A Confederacy with them that fay t *A Confederacy : That is rather a Combinati- on, then a Gofpcl-union: Ojoyn not withthem,left ye beconfumed i» their fins > They who get power inro tbeir hands by policy, and ufe it with cruelty, will lofe it with Ignominy. It was faid of Pope Boniface j He did enter into the Popedom like a Fox, reign'd like a Lion, but died like a Dog; Beloved, the Union for which I plead,is a Churcb-union 5 to wit, Love among the Godly > for this the defires of my foul have ever been, that thefe that fe^r God might walk hand in band in the fcl ow- fhi^> of the Gofpel, both in Truth and Love : If this Union be not, I am afiaid,through our Divifions, acompany of loofe Libertines will arife, who will endeavour, not only to overthrow the Doftiine of Fa< h,a .d the power of Godline{Te> but even Good manners alfo. I remember an Obferv.nion of ho* 1; Grcenbams, giving his judgement upon the fhte of Enghnd, faith he, There is great fear that P ope- ry ** coming into EngUnd y andlfear it too > But ((nits he) Ifca r more the coming in of Atheifm into England thin 'he coming in of Popery 5 and truly, chat is my fear alfo. Thus as to my Practice ; A word now as to my P triples. 1 2m accufed to bean Apoftate, to be a Turn-coat, to be this, tobethat,to beany thing but what I am ; n toe *enuali,I will tell you,I bleffe my God, A High £Wt, a Long fword, a Bloody 5cafFoli ha-, c noc muui me in the Uai,co alter my principlesjor to wronj my confcience : And rjiat I might dif- cover Mr. Love's Speech at his death. ! 2 5 cover to you my Principles, I hope I ihall do it with Freedom j I will irritate 2nd provoke none, wh3t I (hall fay, lhall not be an irritation or provocation of others, atieaft not intended by me 5 but only as a genuine and clear manifeftacion of my own principles how they ftand. Fhft then, My Principles, as tocivill and Religious affairs, I do declare that I die with my judgment fet againft Malignity, I do hate both name and thing 5 1 ftilltfctain as vehement a deteftation of a Ma- lignant Intereft as ever I did j yet I would not be mif-underftood : I do not underftand, nor count the godly Party ,our Cevcnanting Breth ren in Scotland to be aMaltgnant party j nor the Scots defending their Nation and Title of their King to be a Malignant Intereft, but an honeft and juftifyable caufc. Secondly, Though I am againft Malignity, yet I am not againft, but for a regulated Monarchy, a mixt Monarchy, fuch as ours is, I judge to be the beft Government in the world : T Hjrl r irsrr ue, in my place and calling oppofe the Forces of the late Kin ^, but I was never againft the Office 5 1 am not only againlt Court Parantes,who would Icrew up Monarchy into Tyranny,but againft thofe who pull down Monarchy to bring in Anarchy. Thirdly:. I was never forputingthe Kingtodeatb,whofeperfon I did promifein my Covenant to preferve ; It is true, I did in my place and calling oppofe his Forces, but I did never endeavour to de~ itroy his Pcrfon. There is a fcandall raifed of me, that in a Sermon at fVindfor, I mould have thefe wordsjthat It would never be well with England till the King were let blood in the Hcc\-vcin y which fpeech I utterly deteft, profefsing, as a dying maa, in the prefence of God and of you all, 1 never Ipake fuch words, as relating to him ; Though my judgement was for bringingMalignants,who did feduce him and draw him from his Tarliament, to condign punifhment j yet I deem'd it an ill way to cure the body po- liticly cutting off the policicall Head. Fourthly, I die with my judgment abfolutely fet againft the Engagement 5 I pray God forgive them that impofe aad fubferibe it,and preferve thofe that refufe it. Fifthly, I would not in the next place be Iook'd upon, now I am a dying man, as a man owning this prefent Government j I die with my judgement againft it : It is true, in a cafe of life, I did Peti- tion the prefent Power,and did give them the Titles they take to them(elves,and'tbat others give them j but herein I did not wrong nor thwart my Principlessthere are many inftances in Scripture to juftirVe ihis:Hujhai did give the Tit e of Kin ' to Abfolom^xhough Abfolom had no right to that Title, for David wa» the lawfull King; And David himfelf gate bim that Title as well as Hujkai. And Calvin be gave the Title to the Vrencb King,calling him the moft Cbriftian K*ffg>yet we know he was aPapift: And we give a Title to K.Henry the 8^.and call bim the Defender of the F becaufe they will not lay their Confciences wafte, their Land muit be laidwafte. Laftly,andfo I have done, fonly with a word of Exhortation J I die cleaving to allthofe Oaths, Vowcs, Covenants, and Protections that were impofed by the two Houfes of Parliament, as own- ing them, and dying with my judgement for them j to the Proteftation, the Vow and Covenant, the Solemn League and Covenant. And this I tell you all, I had rather die a Covenant-keeper, then live a Covenant-breaker. I am now come to the third and laft part of my Speech, and fo I fliall have done , and commit my foul to God who gave it. My Exhortation Brit lhall be to this great Cicy, unto the godly Miniitry of it ; and unto my own Congrega r ion, from whom deach pins me, which nothing elfe cou'd. To the City I wiflian Affluence and Confluence rf al bleflin^supon it , and yet I 'ear pray hairs, as the fadfymptoms of a declenfion, are herv and there up ju London, and yec m knowMC nouO London, Lonio>h H- 1 16 Mr. Love's Speech at his death* London, God is (raining the pride of all chy Glory. Thy Glory is flying away like a Bird 5 contempt o£ che Miniftcry, oppohuonagainft R. formation, Generall Apoftacy, Covenant- breaking have brought London low, and 1 tear will yet biingit lower 5 1 tremble to chink what evills are corning uponit.-This City, it is the receptacle ot all Error* 3 that as your Commodities are vented and fpread from hence in- to every corner ot the Land, lo have Hcrefies and Blafphemics had their firit rife from this great and populous City, and from hence are fpread into all Countreys. To the Inhabitants of this City I commend but thefe few particulars. Firft, let me beg you to love your painfull and your godly Miniitets.-If they be taken away, you ate likeiobave worfe come in their rooms. 1 know the Presbycerian Minilters are the great eye-fore, who have formerly been counted the Chariots and Horft-men of ]fracl : But I will fay of London fas was faid of Ley den , Tbit after Junius,*?; Orthodox ZM'xniftcr was tA^enawuy } Arminius that pe ft dent Heretic^ came in bis rocm.) If your godly Minifters (nnd there have been ten already at one blow taken from you) if they be taken away, Arminuns, Anxbipt'ifts , nay jef'uiies are likely to fupply their rooms, if God in mercy prevent not. 2. Submit your felves to Church.Government j that would lay a curb and reftraint upon your luits : ic is a golden and eafie yoak,to which if you do not fubmic,God may lay a heavie and an iron yoak upon your necks. 3 . Take heed of thofe Doctrines that come under the notion of New Light : Thofe doctrines you ought to fufped, whether true, which che broachers of them fay are New, for Tiuth i) as old as the Bible. A remarkable paiTage I would fuggeft unto you, in the it oi V cuter, ver. 17. I. is hid there, They cbofe them new Gods that were Hcwly come up : and what were thefe new gods i the next word* tell you, they were oli tiivels ; for they facrificedto divcls , and not to God : now their facriflcing to old divels is calied a ficrificing(to deceive the people) to new Gods 3 tbat were newly comeup} y e t their new Gods were but old dive's. Why,fo I fay,though many things go under che notion of New-ligkt t yez they are but ol 1 du-knefle } old Hcrefies raked out of the dunghill, and which were buried in former ages of the Church with contempt and reproach, many hundred years ago. 4. Bewail yout great lofs which you have, in the taking away of fo many Minifters out of your City > there are ten Miniftcrs (iflmiftakc not^) that have been taken away and removed at one blow, who were burning and ihining lights in their feveralCandlefticks,and bright Stars in their feveral Orbs, Though I am not worthy of the world* and therefore am taken out of it J yer, as for my fuffcring Brethren, who are now in bonds and baniih- mentjthe world is not worthy of them. ?. Again, in the next place, Take heed of engaging in a Ware againft your Brethren of che Scotifb Nation : for my parrel have oppofec) the Tyranny of a King, but I never oppofed th: Title. Take heed what you do. I have fomthing in the next place to fpeak to the godly Miniftry of this City : Were it not that lama dying man,I would not fpeak to (uch reverend & grave menj I would fay as Elibu did (being but a yong man,) Multitude of yeersjhould teach wifdome, and I would hold my tongue ; but the words of a dying man take,whecher they be difcreet or no ; or fo well ordered or managed,or no s as to ihcm,I would fir ft defire God to fliew them mercy,who have begged mercy for me 5 now at the day of my death I would beg but this of them? that as they have not been alhamed of my chain, fo they would now wax confident by my bonds and by myBlood. I know they are maligned and threatncd,yet my prayer for them is that in Aft, 4.29. And now Lord 3 hthold their threatnings 3 ind grant that thy f ay v ants mAy preach thy word with all bold- nefs. Though I am but y oung,vet I will offer my young experience to my grave Fathers & Brechren,and that is this j Now \ am to die, /have abundance of peace in my own confeience, that I havefet my felf againft the fins and Apoftacies of this prefent Age. J: is true, my faithfu'nefs hath procured me ill will from men?but it hath purchafed me peace with Gad : I have lived in peace,and I ftiall die in peace : That which I hive tobefeechofthe Minifters is this, to beg them to keep up Church- Government $ whatever God doth with the Governments of che world, turning Kingdoms upfide down, yet the Government of the Church (hall ftand 5 and of all Governmencs,I die wich this perfwa(ion,that the Presbyterial Govera- ment makes moft for purity and unity throughout the Churches of che faints. I would beg them therfore to keep up Church-Qovernmenr, that they would not let cheir E'derfhips fall, that they would take heed of too general admiflions to the Lords Supper,thac they be nor too prodigal of the bloud of Chrift,by too general admifsions of men to the Supper of the Lord,thit fealing Ordinance. And now I am fpeaking to them, I mall fpeak a word of them, and fo I have done : I have heard many clamors fince I came to prifon,as if all che City Minifters were engaged in the Plotfas'tis called,). hit I am condemned forrnow as a dying man 1 tell you, thitall the Minifters that were prefent at the meetings? and had a hand in the fcufinefs for which I am to be put to dcath,are cither in prifonpr they are difcovered already} & therfore J do Mr. Love's Speech at his death. i 2 7 J do here t'pon my death, free the Miniften of the City,who are not yet in trcubIe,nor difc&vcred to the Comittce of examinations, none tf them had a hand in the buiinefsin which I was engage* ;in which my confeience tels mr, J have not finn'd. J hive dene immediately, for J would fain be at my Fathers houfr. J have but a word to fpeak to my cwn Congregation 5 J return praiksunto Gotland ikankfulricflc to them, for the love J have had from them > J found them a foiid, judiciou$,ind many of them a religious people : he Miniftry of tha: learned mm^U.Anth. Burgefsdio much good amongft thcm,'hough J have caufe to be humbled,'h.u my weak Miniftry did but little. They afforded me a great deal of love, and 3 liberal maintenance ; and this is al J defire of them,that they would chufe a Godly jkarned and orthodox Minifter to fucceed,fuch an one as may keep up and car. y on Church- Government : it would be a great comfort tome before J go to heaven, if J bad but this pcrfwafion, that a learned, orthodox,Godly man fhould fill chat Pu'pit. And for encouragement to any Godly Minifter whofe lot may be to faceted rre, J will fay this, that he will have as comfortable a livelihood, and as loving a people, as are any people in London, a few only excepted : J had as much fatisfa&ion among them as ever J had in any condition in all my life, and mould never have parted from them, had not death now parted us j to which J do fubmi: with all Chriftian meeknefs and cheerfulncfs. Jam now drawing to an end of my Speech,and toan end of my life together > but before J do expire my laft breatb, J lhall defire to juftifie God,and to condemn myfelfin all that is brought upon mc. Here J come to that whi«h you call an untimely end, and a lhamefu 1 death j but(blefled be God) it ismy glory,& it is my comfort : J ihall juftifie God, he isrigr- teous, becaufe J have tinned 3 he is righteous, though he cut me offin the midft of my days, and in themidftof my Miniftry : J cannot complain that Complaint in Pfalm 44. 12. Thou fcUcjt ihj peo- ple for -nought , and doft not encredfe thy wealth by their price. My bloud it fhall not be fpile for nought ; J may do more good by my death, then by my life , and glonfie God more in dying upon a fcafrold, then if J had died of a dileale upon my bed. J blefle my God, J h.ve not the leaft trouble upon my fpirit 5 but J do with as much quietnefle of minde lie down Q hope J fhall) upon the Block, as if J were going to lie down upon my bed to take my reft. J fee men hunger after my flelh, and thirft after my bloud, let them have it, it will haften my happinefle, and their ru- ine, and greaten that guiltinefte : Though J am a man of an obfeure Family, of mean Parentage, fo that my blood is not as the blood of Nobks, yet I will fay it is a Chriftians blood,a Minifters blood, yea ic is innocent blood alio ; My body,my dead body, it will be a morfell, which I btleeve will hardly be digefted, and my blood it will be bad food for this Infant-Commonwealth (as Mr. Tridcaux call'd it) to fuck upon : Mine is not Malignant blood,though here I am brought as a grievous and notorious offendor. Now beloved, 1 lhall not only juftifie God (as I do without a complement j for he were very juft, if my Prifon had been Hell, and this ScafTjld the bottomltiTe pit, I have defcrved both 3 fo that I do not only juftifie God) but I defire this day to magnifie God, to magnifie the riches of bis glorious grace, tha: fuch an one as Ijborn in an obfcureCountry (in VVales^of obfeure Parents,that God fhould look upon me, and fingle me out from amonjft all my kindred, to be an objeft of biseveilafting love 5 that when as the fir ft 14- years of my life /never heard a Sermon, yet in the fifteenth year of my !i r e God (through his grace) did convert me. And here 1 fpeak it without vanity (for what fhould a dying man be proud of ?) though I am accufedof many fcandalous evils, yet (1 fpeak to the praifeand gloiy of my God) for tbefe twenty years God hath kept me, that I have not fallen into any fcandalous fin .* I have laboured to keep a good confeience from my youth up, and 2 magnifie his grace,that he bath not only made me a Chriftian, but a Minifter, and judged mc iaithfull to put me into the Min'iftry : And though the Office be trodden upon and difgraced, yet it is my glory that I die a defpifed Minifter 5 I had rather be a Preacher in a Pulpit, then a Prince upon a Throne j 1 had rather* be an' inftrumenc to'.bring fouls to Heaven, then to have all the Nations bring in Tribute to me: J am not only a Chriftian and a P eacher, but whatever men judge, J am a Martyr tooj fpeak it without vani y j would J have renounced my Covenant, anddebauch'J my Confeience, and ventured my foul, there might have been nopes of faving my life, that I Ih uli not have come to this place ; but blcfTed be mv God, I have made the belt choice, I havechofen affliction rather then fm, and therefore welcome Sc:ffo!d,2nd wclcom Axe : and welcom Block and welcom- Death,and wtlcom All,bec.iufe it wi.l fend me to my Fa- thers H :>ufe: I have great caufe to magnifie Gods grace, that he ha:h flood by me during mine imp;ifon- men f ,it hath be n a time of no little temptation to me,yetfbleflcd be his ^ract) he hath flood by me and ftregthened me>I magnifie his grace, that though now J come to die a vioknj dei.h,yet that dra:his not a terror tome j through the blood of fprinlrlmg>the fear ofd.a h is tai- ;n but of my heart j G d is net a teirour to me, therefore death is ; not dieadtuilco me 5 I bl.iT: my God, I fpeak ft without vaniry, 1 hive 128 Mr. Love's Speech and Prayer at his death. I have formerly had more fear in the drawing of a tooth, then now I have at the cutting ofTmy bead; I was forfome five or fix ycers underafpirit of bondage* and did fear death exceedingly 5 bur when the fear of death was upon me, death was notneermeej but now death is neer me, the fear of it it far from me : and blcifed be my Saviour that hath the fting of death in his own fides, and fo makes the grave a bed of reft to me, and makes Death, (the laft enemy) to be a friend, though he be a grim friend. Further, I blefle my God, that though men have judged me to be caft out of the worlJ, yet that God hath not caft me out of the hearts and prayers of his people 5 I bad rather be caft out of the world, then caft out of the hearts of godly men. Some think me (it is true) not worthy to live j and yet others judge I donotdefervetodie; but God will judg all, I will judg no man. I have now done, I have no more to lay, but to defirc the help of all your prayers, that God would give me the continuance and fupply of divine grace to carry me through this great work that i am now about : that as I am to do a work I never did , To I may have a ftrength I never had : That I may.put off this body with as much quietnefle and comfort of minde, as ever I put off my clothes to go to bed : And now I am to commend my foul to God, and to receive my fatall blow, I am comforted in this, Though men fad me, they cannot damn me > and though they thruft me out of the world, yet they cannot Jhut me out of heaven. I am now going to ray long home, and you are going to your fhort homes 5 bur I will tell you, I fhall be at home before you; I fhall be at my fathers boufe* before you will be at your own boufes : I am now going to the heavenly Jertf/ifewj to the innumerable company of Angels, to Jefusrhe Media- tor of the New covenant, to the fpiritsof juft men made perfe&j and to God the Judg of all* lnwhofe p e fence there Ufulneftc of joy, and at who/e right hand are plea fures for evermore. I conclude with the fpeecb of the Apoftle 3 zTm. 4.6,7. I am now to be offered up, and the time of my departure if at hand j I have finijhcdmycourfe, I have fought the good fight, I have kept the faith, henceforth there u a crown ofrighteouf- ncflc laid up for me 5 and not for me onely, but for all them that love the appearing of our Lord Jefuf Chrift, through whofe bloud (when my bloud is ihtdj I exped remiflion of iins and eternall faWation : And fo the Lord bleiTe you all. Then turning to the Sheriff he faid, May I pray ? Sh. Tichb. Yes 5 but confider the time. Vdr.Love. I have done, fir. Then turning to the people* he faid>Beloved* I will but pray a little while with you, to commend my foul to God* and I have done. \ A Oft glorious and eternall Majefty , thou art righteous and holy in all thou do ft to the fons of Men, though thou haft fuffercA men to condemn thy (crvant, thy fervant will not condemn thee. He juftifies thee, though thou cut* ft him off in the mid ft of his dayes t and in the midft of his Miniftery , bleffing thy glorious 'Njme, that though he be ta^en away from the Land of the Living, yet he is not blotted out of the Bool{ of the Li- ving: It atber, my hour is come y thy poor Creature can fay without vanity and faljhood , He bath defired to glorifie thee on Earth, glorifie thou now him in Heaven j He hath defired to bring the foules of other men to Heaven, let his foul be brought to Heaven. Otboubleffed God, whom thy Creature hath ferved, who hath made thee his hope ,&nd his confidence from his youth 5 Forfa^e him not now he is drawing nigh to thee : Now he is in the valley of thejhadow of death , Lord, be thou life to him : Smile thou upon him whilft men frown upon him: Lord, thou haft fetled this per fwaftoninhis heart y that as foon as ever the blow is given to di- vide his head from his body , hee fhall bee united to his Head in Heaven ; bleffcd bee God that thy fervint dies in thofe hopes ; bleffed bee God , that thou haft filled the foule of thy jervant with joy and peace in believing. O Lord , thinly upon that poor brother of mine , that is a Companion intribu'ation with me, who is this day to lofe his life as well as 1 5 Ofill him full of the joys of the Holy Gboft t when he is to give up the gboft. Lord, ftrcngiben our hearts that we may give up thegboft with joy aud not with grief. Wccinxrut thee, Lord, tbinli upon thy poor Churches 5 O that England might live inthy fight! andO that London might he a faith full City to thee ! that rigbtcoufneffe might be among them; that fo peace and plenty might be within their walls, and prosperity within their habitations : Lord, heal the breaches ofthefe iijtions, ma\e England and Scotland as one ftaffe in the Lords hand, that Ephraim may not envic tydjo, nor tfud.ib vex Ephraim, but that both may fly upon the Jhoulders of the 'Pbiliftims. O that men of the Protcftant Religion, engaged in the fame caufe and Covenant, might not delight to (pill each others blond, but might engage agiinft the common Adverfaries of our Religion and Liberty 1 Godjhew mercy to all that fear him : The Lordthin^uponourCovenant-liecping Brethren of the Kjngdom of Scotland, keep them faith- full to thee, and let not them that have invaded them, overfpread their whole Land. Prevent the fhedding of more ChriftUn bloud, if itfeemgood in thine eyes', Goijhew mercy to thy poor fcrvant who u here vow giving up Mr. Love's P rayer at his death . 1 2 p up the gboft : blcffed 'fefm, apply thy blood, not only for my juftificatioti unto life ; but alfo for my comfort, for the qu cting of my foul,that jo I may be in thejoyes of heaven before I come to the pofjeffion of heaven. Hear theprayers of all thy people that have been made for thy fervant - } and though thou haft denyed prayer as to that particular requcft concerning my life > yet let herein the fruit of prayer befeen, that thou wilt bear up my heart againft the fear of death. Godfhtw meuy to aVtthaxfear him, andjhew mercy to all who have engageafor the life ofthyfervant 5 let them have mercy at the day of their appearing before ifcfu* Chriji. Frcfervc thou a godly OAiniftry in this Nation, and reftore a godly Magiftracy, and caufc yet good dayes to be the heritage of thy people, for the Lords fa^e. 2V(j>w Lord, into thy hands thy fcrvant commits hufpirit 5 and though he may not with Stepben,fee the heavens opcn,yct let him have the heavens open : and though he may not fee upon a fcaffold the Son of God ftanding at the right hand of God, yet let him come to tbcgloriowi body of^ejus Chri(i } and tbu hour have an intcllcftuaU fight of the gloriotM body ofhk Saviour. Lordjefiu receive my fpir it, and Lordjcfttt ft and by me thy dying fervant } who hath endeavoured in bis life time to ftandfor thee ; Lord hear, pardon all infirmities, veajb away bis iniquity by the blood ofChrift, wipe off reproaches from hU name, wipe off guilt from his perfon, and receive him pure, and fpotle(fe, and blameltffe before thee in love. And all this wz beg for the fikeoj^efui Chrift. Amen and Amen. After he hid prayed, he turned to Sheriff Ticbbttrnxnd faid to him, Sir,I thank you for your kindnefs, you have expreft a great deal of kindnefs to mee. Well, I go from a Block to the bofom of my Saviour. Then be asked for the Executioner: when the Executioner came forward 3 he faid j Art thou the Office; ? Exec. Yes. M~. Love then lifting up his eyes to heaven/aidj O blefTed Jefus, that haft kept me from the burr of death,and from the fear of death 5 O blefTed be God ,blelTed be God. Then taking his leave of* the Minifters and his other friends^ he faid^The l^rd be with you all. Then he kneeled down and pray- ed a little while privately 5 and riling up,he faid, BlefTed be God,I am full of joy and peace in beleeving, I lie down with a world of comfort, as if 1 were to lie down in my bed : My bed is but a fhort fleep,and this death is a long fleep 5 where I mall reft in Abrahams bofom, and in the embraces of the Lord Jefus. When he was preparing to lay his head upon the Blocks SMr.iAJh faid to him 3 Dear Brother,how doft thoi* ft iJT^ finde thy heart ? Mr. Love. 1 blefs God 5 (ir*I am as full of joy and comfort as ever my heart can hoi J. I ' »>■ The laft words he was heard to fpeak were thefe, Tileffedbc God for Jefut Chrift. Then be laid himfelf down upon the fcaffuld with bis head over the Block, and when he ft. etched forth his bands 3 the Executioner fevered his head from his body at one blow, Reader 3 Take notice, that Mr. Love, the day of his fentence,told the Court, that none of the Wicneffcs bad falfified or contradicted any of thofe Proreftations which he made the firft day of his Trial] : which fee pag. 18. And thus, thou haft the whole Trials and Suffering of that faithfull fervanc and Miniiier of Jefus Chrift, Mr. Christopher Love. FINIS. — — — 1 1 , — — . _^- ERRATA. P A& 3 •*« I > v • wad Grange, p. 1 %.l. $2. for for Eneland^r. England, p. 1 g ./ }B.r. Mr. Reynolds Solicit. Gen. p.igJ.li.for there, r. here. />.22./.$7.r.commifsion. p. 27./. ^7- for here, r. there, p. 28. l.UJUfor the, r.,he. />.3o./.g9.r.moneyfor armsor. l.$ 5. r. where w?s Turn then \ p,$-$.l.z. r.and asked, p. 3 6./. 50? for was, r. is. P.46./.13. r.give. /.14. for meet, r.met. p.48./.ii.r.commifson. P.49./.45. Maffcy'sbio- thcr,my Lord, are the At.Cjen.his words, p. 51./.17. r here are. p. ?$■/. 19. /".letter, p. 57./. 20. r. ry.y know- ledg. p.64 /.4i, r. iny houfe. p. 66. 1. 16. for would^r.could. l.$i.r. here toconfeffe. p. 68. i 4$. r. J-uc herein. p.71 /.$ 2. dele [1] befercmy Lord. 1, 47. for more, r.none. 1. 5 2 for ever, r. even. f.91. /11. y.folet. /.$$. r.any new. P.93./.20. r. nocueaibn. p.^./.!./^ reader. ftarrd. p.95 /.27-r.hethe. p. 97, ;■ /.2i.r.ad upon. p.io8J,$./jrif,r.of. p.109. /.13, r.tbat itis. p.xxj./.ip. r. declined, p. nou'.ii,. ft Chargers it, . s The Names of thofc that on Friday night being the 4 th day of July 1 65 1 . paffed Sentence on Mafter Chriftcfher Love for his Execution. Lord Prefident Keeble. S r John Thcrowgood. M r Shuite. Coll. Ralph Harrifon. Coll Whet ham. Joftas Barriers. Aid. Efimck; Cornelius Cook. Aid. Hayes. M r Sadler. M r Graves. M r Moyer. Matthew Shef heard. John Harrifon. Co\\. Roe. M x Manley. M T Wyburn. M T Recorder Steel. M'Hurfi. M r Ayers. M r Cooper. M 1 Martin. M r WarcHff. WSbexitXTicMur*. The Names of thofe that met in We ftminfcr-Hii\ on Saturday morning, being the 5* day of July 1 65 1 . and went into the Painted-Chamber and Signed the W arrant for his Execution on Tuefdaj following. Lord Prefident Keeble. S r John Thorowgood. Nicholas Martin. William Steel Recorder. John Hurfi. John Hayes Aid. Stephen Efiwicl^ Aid. Cornelius Cook. Richard Shuite. ' Jofias Barners. Owen Roe. Robert Warcupp. George Harrijon. William Wyburn. John Stone. Samuel Moyer. Ralph Harrifon. George Manley. T R AG E D Y O F CHRISTOPHER LOVE TOW ER.HI LL Aumjl 2 2. I 6 f I. < ■ ^ Wrohgxe. Vat. H.Lft. NOw from a murthered Monarchs Urne I come, /^ — ' ^ /? - / /r A mourner to a Martyred Prophet's Tombe: tLfyt ( ^^^ //* Pardon, Great Charles his Ghoft, my Mufe had flood m- flfrw . /? '/ -Cf Yet three years longer, till fti had wept a flood 5 W Too mean a Sacrifice for Royall Blood. But ihe muft go, Heaven doth by Thunder call For her attendance at Love's Funerall. Forgive Great Sir, this Sacriledge in me, The tenth Tear he muft have, it is his Fee $ 'Tis due to him, and yet 'tis ftol'n from Thee. ARGUMENT. f was when the raging Dog did rule the Skies, f And with his Scorching tace did tyrannize, When cruell Cr omtt>ell,wht\p of that mad Star, But fure more fiery than his Sy re by tar •, Haddryed the Northern Fife, and with his heat Put frozen Scotland ui a Bloody fweat: i When he had Conquered, and his furious Train Had chas'd the North- Bear, and purfu'd Cba. k's wain Into the En^hjh Orb •, then twas thy Fate ( Sweet Love ) to be a prefent from our State, A greater Sacrifice there could not come, Then a Divine to bleed his welcome home : For He, and Herod^ think no dilh fo good, A$ a fohn Baptifts Head ferv'u up in bkxx 4 , ACT. I a c r I. The HiUJIins are fet in their High Court, And Love, like Sampforis fetch'd to make them fport : Unto the Stake the Blent Prifoner's brought, Not to be Try'd, but baited, mod men thought $ Monflei s.U:? men,muft wony him : :»nd thus He fights with P>ejfts 3 Hke Paul at Tfhefa, Adams, Far and Huntington ; with.aU the pack Ot ioyft ng Hounds are fet upon his back, Tridcdux :md KabU Hand and crie A'loo •, It was a full Cry,yet it would n t do. Oh how be foyl'd them; Senders- by die fwear, That he the Judge, and they the Tray tors were ; For there he prov'd^although he feem'd a Lamb, Stout, like the Lyons, from whole Den he came ! ACT II. It is Decreed •, nor (hall thy Worth dear Love^ Refift their Vows, nor their revenge remove. Though prayers be~joyn'd to prayers, and tears to tears. No foitnefs in their Rocky heart appears 3 Nor Heaven nor Earth abate their fury can But they will have thy Head, thy Head, good Man. Sure fome ihe fe<5iary longed, and in halt Mufl try how Presbyterian Blood doth taft. 'Tisfitihehavethebeft, and therefore thine, Thine muft be broach'd, bleft foul, 'tis drink Diving No fooner was the drcadfull Sentence read, ThePrifoner ftraight bow'd his condemned Head. And by that humble poiture told them all, It was a Head that did not fear a fall. a c r in. And now I wifh the fatall ftroke were given Tm furcour Martyr longs to be in Heaven, And heaven to have him there 3 one moments blow Makes him triumphant, but here comes his woe. His enemies will grant a months fufptnee If t be but tor the nonce to keep him thence : And that he may tread in his Saviours wayes. He fliall be tempted too his forty dayes : And And with fuch baits too, caft thy fclf but down, Fall, and but worfhip, and your life's your own. Thus cry 'd his Enemies, Oh 'twas their pride To wound his Body, and his Soul befide. One plot th' have more, when all the reft do fail, It Divels cmnot, Diicples may prevail. Let's tempt him by his friends, make Peter cry Good M-fter fparethy felt, and do not die. One friend intreats, a fecond weeps, a third Cries your Petition wants the other word ! Tie wnte*it for you, faith a fourth ^ your life, Your lite Sir, cries a fifth •, pity your Wife, And the Babe in her : tbus this Diamo'n :s cut. By Diamonds *>nly, and to ten our pur. Me thinks I hear him ftill, you wound my heart », Good friends tor bear, for every wora's a dart: 'Tis foolifh pity, this 1 do profeis : Youl'dloveme more, if you did love me le r s: Friends, Children, Wife, Life, all arcde?r I know, Butall'stoodear^flfliould buy them fo. Thus like a Rock that routs the waves he ftancs, And fnaps afunder, S amp fox-like thefc bands. ACT IV. The day is come, the Prifoner longs to go, And chides the 1 ngring Sun for tarrying fo. Which blufliing feems to anfwer from the skie, I hat it is loath to fee a Martyr die. Me thinks I hear beheaded Saints above Call to each other, Sirs, make room for Love* Who, when he came to tread the fatall Stsge, Which proved his glory, but his Enem es rage, His bloud ne're run to his heart, Chruts bloild was there Reviving it, his own was all to ipare $ Which rifing in his Cheeks, did feem to fay, Is this the bloud you thirft for 5 tak't I pray Spectators in his looks fuch life did fee, That they appear'd more like lo die than he, But oh his (peech, me thinks I hear it ftilU It ravifh'd Friends, but did his enemies kill, His keener words did their fliarp Axe exceed, That mace his head, but it their hearts to bleed: Which he concludes with gracious prayers, and fo The Lamb lay down, and took the Butchers blow : His foul makes Heaven ihine brighter by a Star, And now we're fure ther's one Saint Chrifiofhcr. A C T V. Love lyes a bleeding, and the world (hall fee Heaven Ad: a part in this black Tragedy. The Sun no fooner fpide the Head o'th ftoore, But he pulFd in his own, and look'd no more: The Clouds which fcattered, and in colours were, Meet all together, and in black appear: Lightning, which fil'd the air with blazing light, Did itxve for Torches all that difmall night : In whicb, and all next day for many howers, Heaven groan d in Thunder, and did weep in {howers Nor do I wonder that God Thundred fo When his Boanerges murthered lay below : Witnefies trembled, Prideaux , Brad/haw , Keetlt, And all the guilty Court look'd pale and feeble. Timoreous tfenkyns, and cold- hearted Drake Hold out, whencall'd no bafe Petitions make $ Your enemies thus Thunder- (truck no doubt, Will be beholding to you to come out. But if you (hall Recant, now thundring Heaven Such approbation to Loves Caufe hath given, I'leadde but this, your Con fciences, perhaps, Ere long may feel far greater Thunder-claps. Epilogue. But (lay, my Mufe grows fear full too-, and mutt Begge that thefe Lines be buried with thy dttlt * Shelter , liefi Love, this verfe within thy fhroud, For none hut Heaven dare take thy fart aloud* The Author beggs this y lesi if it be known, 1 hat he bewails thy Head, he LJe his §wn. V I N I S. ■ «■ »' , - « ■ v — — «i