Day 1

June 20, 1651.

The Court being set and called over, the Lieutenant of the Tower was commanded to bring forth his Prisoner; and Master Love was brought to the Bar. After the reading of various late acts of Parliament concerning Treason, Master Prideaux, the Attorney General for the Commonwealth spoke as follows:

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

The Clerk is commanded to read the Charge.

The Clerk.: A charge of high treason, and other high crimes and offenses, exhibited to the high Court of Justice by Edmond Prideaux, Attorney General for the Commonwealth of England, for and on the behalf of the Keepers of the Liberties of England, by authority of Parliament, against Christopher Love late of London clerk, by him preferred and commenced against the said Christopher Love. That is to say, that he the said Christopher Love, as a false traitor and enemy of this Commonwealth and free State of England; and out of a traitorous and wicked design, to stir up a new and bloody war, and to raise insurrections, seditions, and rebellions within this nation, did in several days and times; that is to say, in the years of our Lord 1648, 1649, 1650, 1651, at London, and at various other places within this Commonwealth of England, and elsewhere, (together with William Drake late of London mercer, Henry Jermin late of London esquire, Henry Piercy late of London esquire, John Gibbons late of London gentleman, Edward Massey late of London esquire, Richard Graves late of London esquire, Sylas Titus late of London gentleman, James Bunce late of London alderman, and other their accomplices yet unknown) traitorously and maliciously combine, confederate, and complot, contrive and endeavor to stir and raise up forces against the present government of this nation, since the same has been settled in a Commonwealth and free State without a King and House of Lords, and for the subversion and alteration of the same. And the better to carry on and accomplish their said traitorous and wicked design, he the said Christopher Love, together with the said William Drake, Henry Jermin, Henry Piercy, Richard Graves, Edward Massey, John Gibbons, Sylas Titus, James Bunce, and others (since the death of Charles Stewart, late King of England, who for his notorious treasons, and other tyrannies and murders by him committed in the late unnatural and cruel war, was, by authority derived from Parliament, justly condemned to death, and executed) several days and times in the respective years aforesaid, at London aforesaid, and at sundry other places of this Commonwealth, and since this nation was settled in the way of a Commonwealth or free State, as aforesaid, did traitorously and maliciously declare, publish, and promote Charles Stewart, the eldest son of the late King of England, to be King of England (meaning this Commonwealth) without the consent of the people in Parliament, first had and signified by authority and ordinances to that purpose. And further, to carry on and accomplish their said traitorous and wicked design, he the said Christopher Love, on several days and times in the respective years aforesaid, at London aforesaid, and in various other places within this Commonwealth of England, and elsewhere, together with the said William Drake, Henry Jermin, Henry Piercy, Richard Graves, Edward Massey, John Gibbons, Sylas Titus, James Bunch, and other their accomplices, as aforesaid, did traitorously and maliciously invite, aid, and assist the Scots, being foreigners and strangers, to invade this Commonwealth of England, and adhered to the forces of the enemy raised against the Parliament and Commonwealth aforesaid, and Keepers of the Liberties of England aforesaid. And further, to carry on and accomplish the said traitorous and wicked design, he the said Christopher Love various days and times between the twenty-ninth day of March, 1650, and the first day of June, 1651, at London and other places, as aforesaid, did traitorously and maliciously give, hold, use and maintain correspondence and intelligence, by letters, messages, instructions, and other ways prejudicial to this Commonwealth, with the said Charles Stewart, son of the late King, and with the late Queen his mother, and with the said Henry Jermin, Henry Piercy, and various other persons being of counsel and abiding with Charles Stewart. And further, to carry on and accomplish the said traitorous and wicked design, he the said Christopher Love several days and times in the respective years aforesaid, at London aforesaid, and various places within this Commonwealth of England and elsewhere, as aforesaid, did traitorously and maliciously use, hold, and maintain correspondence and intelligence with various persons of the Scottish nation; that is to say, with the Earls of Argile, Lowden, Lothian, and Belcharris, and with one Bayley gentleman, and various other persons of the Scottish and other nations, whom he the said Christopher Love well knew to adhere to the said Scottish nation in this war against the Parliament and Commonwealth of England. And further, he the said Christopher Love, within the times, and at the places before mentioned, did traitorously and maliciously abet, assist, countenance and encourage both the Scottish nation, and various other persons adhering to them in this war against the Parliament; and did send and convey, or cause to be sent and conveyed, monies, arms, ammunition, and other supplies, to Scotland and other places, and to the said Titus, Massey, and others in confederacy against this nation, without special leave and license from the Parliament of England or Council of State, or the Captain General of the Parliament's forces. And further, to carry on and accomplish the said traitorous and wicked practice and design, he the said Christopher Love, within the times, and at the places before mentioned, did traitorously and voluntarily relieve the said Sylas Titus, Edward Massey, Colonel Bamfield, and one Mason late of London gentleman, and one Sterks late of London gentleman, who then were, and yet are under the power of the Scottish nation, and in arms against the Parliament and Commonwealth of England, with monies, arms, and ammunition. All which treasons, and traitorous and wicked practices and designs of him the said Christopher Love, were and are to the apparent hazard of the public peace of this Commonwealth and free State, Parliament and people of England, and to the manifest breach, contempt, and violation of the laws of the land, and contrary to the form of various statutes and acts of Parliament in such case made and provided. And Master Attorney General (by protestation, saving to himself in the behalf of the Keepers of the Liberties of England, to exhibit any other charge against the said Christopher Love, and to reply to the answer he shall make to the premises) does for the said treasons, on the behalf of the Keepers of the Liberties of England, impeach the said Christopher Love as a traitor and public enemy to this Commonwealth and free State of England; and does pray, that he may be put to answer all and singular the premises, that such proceedings, trial, examination, judgment, and execution may be thereupon had against him, as shall be agreeable to justice.

The Clerk.: Christopher Love, you stand charged on the behalf of the Keepers of the Liberties of England, by authority of Parliament, of high treason, and other high crimes and offenses against the Parliament and people of England; this high Court therefore requires you to give a positive and direct answer, whether you are guilty or not guilty of the crimes and treasons laid to your charge.

Master Love.: My Lord, before I plead, I humbly crave leave to express myself in a few words to this Court, and afterwards to make humble proposals of what I desire in order to this trial. In the first place, being I am this day called to a great and weighty work, in the entrance to it I do earnestly beg the prayers of all them that have an interest in God, that he would carry me through this whole trial with such gravity, godliness, and meekness of wisdom, as becomes a professor and preacher of the Gospel; and that he would keep me in this hour of temptation, rather from sin than from suffering. Sir, I am this day made a spectacle to God, angels, and men, singled out from among my brothers to be the object of some men's indignation and insultation. By my appearing in this place, I am made a grief to many that are godly, and a laughing stock to the wicked. — [Here he was interrupted by the court.]

Lord President of the Court.: Mr. Love, how long time do you intend to take up?

Mr. Love.: I will be brief, Sir.

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

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

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

Mr. Love.: I hope you will not be more severe to a minister, than you were to Lieutenant Colonel John Lilburn. When you were at the court at Guild-hall, at the trial of Lilburne, you gave him the liberty of two hours to plead before he pleaded guilty or not guilty.

L. Pres.: To a minister, you say well; but I tell you, we do more to a Christian than to a minister; and we are all Christians, and your ministry is but an office; and therefore what Mr. Lilburne had, it was the favour of the court then; but time is spent, and pray do not you follow that now.

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

L. Pres.: Will you plead?

M. Love.: I desire liberty to speak a word. I had not diverted my discourse, but upon your Lordship's words.

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

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

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

L. Pres.: Sir, come to the business in hand.

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

Att. Gen.: My Lord, when he shall come with such speeches, that are nothing to the business in hand! My Lord, he instances in Lilburn's case; you know that debate, it was in relation to a narration.

M. Love.: Sir, it was the narration of his doings and sufferings, that he might not be misrepresented to the Court.

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

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

L. Pres.: Are not we of as much credit as you? And are not we judged ministers as well as you, and more than you? And I tell you, that which you require, we have already done, and wish you as much happiness as to our brother; and for you to spend time about that which is nothing to the business, it must not be suffered.

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

I insist upon that liberty that Mr. Lilburne had.

He did plead first.

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

You can say nothing till you plead.

My Lord, I desire not much time.

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

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

Then command was given to read his Arraignment.

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

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

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

How many leaves is it?

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

Sir, not before you plead.

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

You are mistaken, Master Love.

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

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

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

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

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

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

Sir, you bring me out of my way.

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

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

Go on then.

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

Mr. Love then does admit that he has received and sent letters to Scotland.

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

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

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

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

M. Love.: I will admit of nothing; I have so much of a Christian in me, that I will deny nothing that is proved to be true, and so much of an Englishman, that I will admit of nothing that is seemingly criminal.

L. Pres.: You are a Christian, and you are here in the presence of God as Achan was.

M. Love.: If it be proved against me.

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

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

L. Pres.: You are out.

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

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

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

Att. Gen.: My Lord, he pretends Mr. Lilburn's Trial, but when you come to hear the evidence, you shall hear what he was doing then; he was preparing himself then in his business; he thought his time might come; and I am informed, that since he has been in the Tower, Lilburn has been his counsel.

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

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

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

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

M. Love.: Although I am not satisfied as to the foundation and original of this court, yet I refuse not a trial, hoping that tenderness of conscience will appear in you, and clearness in me, and weakness of proof against me. Upon this, I do not refuse a trial, but I will plead, if I may have that which the Law allows me. And according to my weak measure and unskilfulness in the Law, upon the charge read against me, I do apprehend there may be some things objected against the legality of the Indictment, and many things to take it off, both for matter of time, and form, and other things, by a lawyer. Therefore I entreat I may have counsel to be with me, both in my chamber, and here in the court, and then I will plead.

Att. Gen.: I am not here to make a bargain: but this I will say to him, he has had so much tenderness and respect, as few men more. He has had notice of his trial above a fortnight; and my Lord, he has not been denied counsel.

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

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

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

L. Pres.: You do not breathe the same air nor the same breath, for it comes from you both yes and no: for you say you are ignorant, and yet will not be informed by anything that can be said, and so your ignorance is willful. But in this case I am sure, whatever law you can plead, yet there be some Acts and matters you have denied.

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

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

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

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

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

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

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

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

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

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

L. Pres.: For you to anticipate your evidence before we come to it, we do not tie you to the charge, but to the proof, and we must apply our selves to the proof, and not to the charge.

Att. Gen.: And for the business of Scotland, which troubles him much, it is expressed in this very Act, that the same offences are to be inquired, tried, and judged by the high Court of Justice, in such manner and form, as other offences are to be tried, in express terms.

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

L. Pres.: How is it possible that this comes to be an exception until you hear the evidence? if you hear the evidence, and do find that the witness do speak to this not within the time of the limitation, then is your exception proper; but no counsel can divine what time they can give evidence for.

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

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

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

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

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

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

M. Love.: Sir, you are no witness; if you be a witness, come and swear.

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

M. Love.: I shall give you no occasion.

L. Pres.: This will make all that hear him, to think that this is the very best of his case; as we know it is.

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

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

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

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

L. Pres.: You have heard no body but your self, for whatever has been told you by the court and your friends about you, has not been listened to. We have spent thus much time, and people are weak, and if you will plead, do. Read his charge once again; and I tell you, the next is judgment.

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

M. Love.: I am not satisfied, but that matter of law does arise from this charge; and I do earnestly press I may have counsel, and then I will plead.

Att. Gen.: I do as earnestly press, that you would as positively say, that you cannot allow him counsel till he has pleaded.

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

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

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

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

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

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

L. Pres.: Did you ever consult with the Lieutenant of the Tower? What, will you cast away your self?

Col. West Lieutenant of the Tower.: I could, My Lord, advise him no more than what I knew, and that was the time of your sitting.

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

Lieutenant of the Tower.: Since Saturday was seven night he was not restrained.

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

M. Love.: I will not lie for my life; you may say what you please, and do what you please — I speak before God and this Audience.

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

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

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

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

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

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

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

L. Pres.: We have spoken more to you than became us, perhaps, and that from tenderness to you; and if nothing can give you satisfaction, but over and over with the same things again, we can but speak our consciences and leave it to yourself.

Mr. Love.: I do declare, I do submit to the trial, and am willing to do it; but it behooves me to use all just means for the preservation of my life; if you will, give me but a day's time to consult with counsel.

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

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

Att. Gen.: I would like to know, why may not the next prisoner say, you have done so in Mr. Love's case?

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

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

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

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

M. Love.: This is my humble motion, allow me but counsel tomorrow, that they may appear here.

L. Pres.: You may have counsel tomorrow as the case shall be.

M. Love.: Shall I have the copy of the Charge?

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

Mr. Love.: Will you give me but this favor, that I may have but an hour or two's time to consult with a Lawyer?

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

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

M. Love.: I do not refuse to plead.

L. Pres.: Does a man of your learning say, you do not refuse!

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

Att. Gen.: His demur is to matter of fact.

L. Pres.: Will you put that upon law, for law, which is not law? And by your putting yourself upon that, you confess the whole charge.

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

L. Pres.: Clerk, read the Act.

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

Att. Gen.: My Lord, we desire his final sentence.

M. Love.: My Lord, I desire but the favor of a day's time to consult with Lawyers.

The Lord President consults a while with the Court.

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

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

L. Pres.: We will not make a [reconstructed: precedent]; for it will be said, it was Master Lilburn's case, and Master Love's case.

Mr. Love.: Will you promise me, that I shall have counsel to hear the witness.

L. Pres.: We will promise you justice. Read the sentence.

The Clerk goes to read the Sentence.

M. Love.: Not guilty.

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

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

At. Gen.: My Lord, this was an early treason, that began betimes to crush the Commonwealth in its infancy: And, my Lord, Master Love being singled out for justice, you will anon observe, there was singular cause for it; and if he had had his desert, it had been long before now: But states can play sometimes with treasons, and not take a time until they see fit. My Lord, this treason, as I have opened it to you, began in the year 1648. The King of Scots so called; but take notice, that the same nation and persons that proclaimed him King of Scotland, proclaimed him King of England also at the same time, in the same nation; and those persons that proclaimed this person King of Scotland, the same proclaimed him King of England. My Lord, you have heard some of the conspirators named, Titus and Drake, active men both of them; these men have been so ingenuous, that they have fled for their treasons; notwithstanding this gentleman, a minister of the Gospel, he does not do so; they have confessed their offences, and are fled for them; they dare not appear, they have so much guilt within them, that prompts them to keep away; but this gentleman has not so much. My Lord, Drake was so active, and it was carried on with so much secrecy, and so much (as they thought) of caution, that Master Drake writing, as that gentleman next Mr. Love does, in short hand, he burnt his papers, and burnt all where any thing was to be seen, so that no originals are to be seen. My Lord, in this case it has been opened to you, what transactions Mr. Love had with Scotland; and you have been pleased to observe, it was a tender point, that Mr. Love did enter discourse with the Scotch nation, Mr. Love was very much troubled at it, and he may see just cause to be troubled at it: And will you give me leave, there has been blood and treasure spent, as was told you by Mr. Solicitor. I am afraid, I might too justly say, by that gentleman, and those he did seduce, that they have been too much the cause of this blood, even that gentleman that stands at the bar, that should be a man of peace, and not of blood. My Lord, I may justly say, that that gentleman has been too much the cause of these late engagements between these two nations, and making himself a party; and it is a sad thing, when parties appear against a state. My Lord, I am too much afraid, whatever God pleases to work upon him, that it should touch his conscience, that he should be instrumental in such a work. But I verily believe, had there not been actings from hence, there had not been so much forwardness in the King's party to the Scots. My Lord, I will mind that gentleman of what is said of the fifth of November, I am sorry for it, that it should be said of our ministers, whose faith is faction, whose religion is rebellion; it is said so of the Romish ministers, I hope it will not be said so of the English, that their faith is faction, and that they pray for strife, and fast for strife. My Lord, for these men, Drake and Titus, they are gone, as I said, and they did confess themselves so much guilty, as that they have fled for it; and Mr. Love does know (I am sorry to see him in that gesture) that he was conversant with them all, and does know (I believe) that we can prove it; and when he hears the men named, he will say so too. Truly, my Lord, I have nothing to say against the person of the man, but against his vices and faults; and nothing to his function, and nothing to those whom he pretends so boldly to represent, that is, the Presbyterian party. We do all know, there are many honest, precious and godly men, that have received no discountenance from the state; nor this gentleman, that should give him any countenance or encouragement to oppose the state: But it is somewhat a bold thing, for a particular man to be the head of a party, and they to engage as representing a considerable party, to engage to send commissioners to agree upon instructions; this is very bold. But, my Lord, God be thanked, many of those that were seduced at first, were wise, and did come in before the last; and did not strut it out, my Lord, with states and justice, as that man has done before now, and at present, even out-facing justice, and boldly, I [reconstructed: say], wiping his lips; he has done no offence. My Lord, they were so bold with Scotland, that there was a known agent there maintained and kept, between Scotland and them; and I will tell him the gentleman's name, his name was Mr. Sterks; and, my Lord, when he went away, the act requiring those of the Scottish nation to be gone, that gentleman did supply him with money himself; and others gave him eight or ten pounds in his purse to carry him away. My Lord, I believe he knows this, and I am sorry, that that gentleman that has gone along with us in much of this war, that he should at last, so much betray his own discretion, as rather to trust a reconciled enemy, than to be true to his own friends. I say, he trusts a reconciled enemy, and a weak enemy, and that he will think, and will know, that they might betray him; as justly may be done, when men so cast themselves upon the party of the King, and Queen, and Percy, and Jermyn; it is no great policy nor discretion to have so many of counsel: they say, three keeps counsel; but this gentleman has now 20, 30, 40, in Scotland, France, and Holland, and agitations between them, and frequent intercourses. My Lord, I shall now call the witnesses out to you, which when Mr. Love does see, himself will say, are honest men, and to be believed.

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

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

Mr. Love.: I hope this court will not hearken to the insinuations of instruments of state, who are well rewarded for their eager prosecution of men in such a condition as I am in; it is an easy matter, through flourishes of law, and strains of wit, to stir up the minds of my judges against me.

L. Pres.: You have heard the matter opened to you, which you cannot in any Christian, or godly conscience, or understanding, but acknowledge, that such secrets as these you were privy to, and came to your hand; you cannot, before God and man, do better than to confess these, which you know by the urging of them upon you, are come to our knowledge.

Mr. Love.: Will you give me leave to express myself, as to these things which I am now charged with, I do declare and protest, in the presence of God and this great assembly, that I never wrote any letter either to the King of Scots, or to the Queen his Mother, or to the Church or State of Scotland, in the general, or to any particular person of the Scottish nation, since the wars began between England and Scotland, to this day. I do declare also in the presence of the same God, I never received any letters written to me, either from the King of Scotland, or Queen his Mother, or from the Church or State of Scotland, in general, or from any particular person of the Scottish nation, since the wars began between the two nations, to this day. I declare and protest likewise, in the presence of the same God, I never collected, or gave, or lent, one penny of money, either to send into Scotland, or into any foreign part, to the King, or Queen his Mother, or to the Church or State of Scotland, in general, or to any particular person of the Scottish nation, since the wars began, to this very day. And as to these particulars, I have said it often, I am as innocent, and as harmless, as the least child; and if you will take the aggravating of these circumstances against me, and will proceed upon aggravations of the crimes against me, I hope God will help me with more peace of conscience to undergo the censure, than you shall have to inflict it. And as for that gentleman, that made that great relation to you of the Treaty of Jersey; for my part, I am as great a stranger to all those transactions, as any here. I never saw the face of Titus, nor did I ever send to him or receive anything from him.

At. Gen.: My Lord, we shall call the witnesses.

Captain Potter is called into the court.

Mr. Love.: I except and protest against this witness, for he has been already examined in private, and has made his confession there, and that is equivalent to a conviction; and I hope, the court in justice, will not admit of this man for a witness.

L. Pres.: You shall have justice, as well as ever any Jesuit had.

At. Gen.: You see now what Mr. Love drives at, and you will find his Jesuitical evasions: And, my Lord, let him be asked, whether ever this man was before this court, or any committee of this court; and I think in justice, you ought to examine witnesses beforehand: But it is clear and evident, that this man has been a party with him. I do humbly conceive, it is so clear and evident, that rather I should except against the witness, as an incompetent witness, than Mr. Love, because he has been a party with him; but I desire he may be a competent witness, and one in whom there is more ingenuity, than there is in Mr. Love.

Mr. Love.: Sir, before he swears, I beseech you ask him this question, whether he has not been threatened with death, if he would not witness against me.

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

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

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

He is sworn.

L. Pres.: Now look upon the God of truth, and speak the truth.

C. Pot.: I shall speak the truth.

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

L. Pres.: You are upon your oath, and in the presence of God, than whom there is no higher upon the earth, that is in the seat of justice, and without relation (as Mr. Love says) to the parties; therefore tell the truth of your knowledge, in the transaction of this treacherous treason, that has now been above two years in the passages, between the Presbyterian party.

At. Gen.: No, my Lord, we will not own that upon them; there are some that do style themselves so, the Presbyterian party, that are conscientious persons, and pious, and godly men; and I should do them wrong, should I lay it upon them; but that which I do, is against those that do undertake to style themselves, the heads of them.

L. Pres.: Begin then with that which concerns Mr. Drake's agency.

Cap. Pot.: I have taken an oath to speak the whole truth in this business; but that is, the truth I know. I desire I may not be pressed to things that I have only heard.

At. Gen.: You must, and from whom you heard them.

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

Mr. Love.: The witness must so speak, That we have seen and heard, that do we testify.

At. Gen.: Your Doctrine will not pass here.

Mr. Love.: It is Scripture, Sir, and it behooves me to speak, for I am upon my life.

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

C. Pot.: My Lord, the Committee, that examined me, knows I was not [reconstructed: privy] to the first transaction: I did say indeed something of it by hearsay, and I did likewise say, That Mr. Drake told it me; but I may err in that particular, possibly Mr. Drake did not tell me so; for as I apprehend, I said, I did think it did put a necessity upon the King to agree with the Scots; and then having seen some papers, and conferred with that relation others have made, I collected the truth of them, as far as I did know; but now I am upon my oath, let me therefore come to the matter; I spoke then many things as I heard, which I cannot affirm upon my oath.

L. Pres.: We must judge of what you have heard.

C. Pot.: My Lord, I cannot be certain of that.

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

C. Pot.: I know nothing of Mason, I saw him but once, and at that time there passed nothing between us of public concernment, as I remember.

Att. Gen.: What was the answer that was returned to that which Mason did bring?

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

Att. Gen.: My Lord, ask him from whom he came?

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

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

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

L. Pres.: What assistance should he have from hence?

C. Pot.: I know no more of Mason than this.

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

C. Pot.: Not that I know of.

L. Pres.: Did you hear of it?

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

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

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

L. Pres.: By whom did you hear so?

C Pot.: By William Drake.

L. Pres.: Who did Drake say did carry the petition?

C Pot.: I cannot tell.

Att. Gen.: Do you know of any answer returned from Piercy and Jermin?

C. Pot.: I know nothing at all of these things.

L. Pres.: Were not you invited to the meeting?

C. Pot.: Yes, I was.

Att. Gen.: What did he tell you?

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

Att. Gen.: Who was there?

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

L Pres.: Do you remember any more?

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

L. Pres.: Were not you pressed or moved to go to Jersey?

C. Pot.: Not that I know of.

L. Pres.: Did not Titus offer to go?

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

L. Pres.: How long ago?

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

L. Pres.: Had he any money to bear his charges?

C. Pot.: I know of none.

Att. Gen.: Well, what meetings afterwards was there in Mr. Love's study?

C. Pot.: I have been at Mr. Love's several times.

Att. Gen.: My Lord, ask him whether he was not present in Mr. Love's study, when a letter was there read from Titus, and who was present there, and what were the debates upon it, and what was the contents of the letter, and whether it was not for some to come to Calais to him.

C. Pot.: The letter I well remember; I cannot say it was in Mr. Love's study, nor can I say it was in his house, I do not know Mr. Love was present; the letter I have seen it, or heard of it, it did desire some to come to Calais about the treaty; and I remember well, that Major Alford told me he did go to him.

L. Pres.: What was the contents of the letter?

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

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

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

Att Gen.: Was not this meeting in Mr. Love's study?

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

L Pres.: Was he present?

C. Pot.: I cannot say he was present, I think he was not present, I think Mr. Alford was sent to the tavern.

The papers of Captain Potter's examinations were here produced by the Attorney General, and by the Clerk read to him.

Att. Gen.: My Lord, these were his Examinations.

C. Pot.: I entreat this may be remembered (which I premised at first) I had a latitude then that I have not now, I am now upon my oath, and desire to be true to my own conscience, and to the State, and to this Gentleman; I have made (it is true) such a confession as this is, and I believe the greatest part of it to be true, according to the latitude I spoke it in; but now I am upon my oath, and now I am to speak knowingly; the substance of the thing is true, I believe, that he was sent, and sent upon such things, so much I do verily believe to be true, upon my oath, but of the places I cannot speak.

Att. Gen.: Alford did go to Calais and return, and how many days was it between his going and returning? and where did he give an account of what he did receive from Titus at Calais?

C. Pot.: It is a hard matter for me to speak to the time, I think about a week; and for the relation he made when he came back, as I take it, I met him at the Kings Head in Walbrook upon his landing; whether he made the relation to me there, or afterwards at Mr. Love's, whether I heard of the meetings, or whether I was at the meeting, I cannot say. I am sure he himself made me the relation; but whether there, or any other where, I cannot make out.

Att. Gen.: Upon your oath, did not Major Alford make return of the answer in Master Love's study?

C. Pot: I cannot say it, but I think it was there.

Att. Gen.: Was Master Love present?

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

Att. Gen.: Was Sterks the Scotch Agent there or no?

C. Pot.: I cannot say he was.

L. Pres.: Was it read in Master Love's study?

C. Pot.: I cannot say I was there.

His Examination was again read to him.

Att. Gen.: What was the substance of the King's letter?

C. Pot.: It is so much out of my memory, that I scarce remember there was a letter, it is so much out of my mind.

More of his Examination was read to him.

L. Pres.: What do you remember of this now, is this true?

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

L. Pres.: Have you not heard the letter read?

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

The Clerk.: Look upon them, is not this your hand?

C. Pot.: I know it is my hand.

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

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

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

L. Pres.: Why did you not say of hearsay then, as well as now?

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

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

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

Att. Gen.: My Lord, I can help the witness by asking him questions.

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

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

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

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

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

L. Pres.: Were you not then present at his house when they were drawn up, and Mr. Love corrected them?

C. Pot.: I never saw the instructions.

Mr. Love.: Nor I neither.

L. Pres.: Did you not hear so?

C. Pot.: I did.

L. Pres.: To whom to be directed?

C. Pot.: To Captain Titus.

L. Pres.: And to who else.

C. Pot.: The commissions and instructions were to be directed to my Lord Willoughby of Parham, Colonel Graves, Major General Massey, Captain Titus, and Alderman Bunce.

Att. Gen.: My Lord, ask him whether he has not heard Mr. Love tell him so.

C. Pot.: Never in my life.

L. Pres.: Were you not then present at his house?

C. Pot.: I know not that I was, nor can I remember.

His Examination was again read.

Att. Gen.: Whether were you not at Mr. Love's house? And was there not a letter agreed upon to Massey, and Bailie, and Titus?

C. Pot.: I have been several times at Mr. Love's house.

L. Pres.: Whether were you not at Mr. Love's house with these correspondents?

C. Pot.: I have been several times at his house with them; and I have been oftener there upon other occasions.

L. Pres.: Name them.

C. Pot.: I mean with Mr. Love, and Mr. Jackson, and Mr. Robinson, and Major Alford, and Mr. Drake, and Mr. Gibbons.

L. Pres.: What was then agreed upon about letters when you were at Mr. Love's house?

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

L. Pres.: Upon what account did you meet at Mr. Love's house?

C. Pot.: I met there sometimes upon a friendly account, sometimes upon a Christian account, and sometimes to hear news, and sometimes to tell news.

L. Pres.: Where did you meet with these persons, with William Drake, and these so often mentioned?

C. Pot.: My Lord, there was a correspondence in point of news.

L. Pres.: Between whom?

C. Pot.: Between Captain Titus there, and William Drake here, and he would tell us many times news there.

L. Pres.: Do you know Titus was employed as an Agent hence?

C. Pot.: I think he was.

L. Pres.: Had he money collected?

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

Att. Gen.: My Lord, ask him, whether himself did not upon an occasion contribute ten pounds, and bring it into Mr. Love's parlour.

C. Pot.: I confess that.

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

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

L. Pres.: Why did he write them in sack?

C. Pot.: I take it, because it should not be discovered.

L. Pres.: Do you not know to whom the letters written in sack were sent?

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

L. Pres.: Where was Bayley and Titus then?

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

L. Pres.: After Drake was gone, where were your meetings usually?

C. Pot.: Many times at Mr. Love's house.

L. Pres.: When you did meet there, what did you meet upon, was it not to receive messages from Titus, and Massey, and Bunce, and Bailey, and to return answers?

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

Att. Gen.: Did Mr. Love never tell you the occasions of those meetings, and press you to lend money to furnish Massey and Titus?

C. Pot.: I can say nothing to that.

Att. Gen.: What say you to the private fasts?

C. Pot.: There were private fasts.

Att. Gen.: What, for a blessing upon the treaty at Bredah?

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

Att. Gen.: Did Mr. Love often officiate there?

C. Pot.: He has preached and prayed.

L. Pres.: Did any pray for a blessing upon the treaty?

C. Pot.: I cannot say so.

Att. Gen.: What say you to those letters that came here after the fight at Dunbar?

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

L. Pres.: And where were these published?

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

L. Pres.: Were you not present at Mr. Love's house when they were read or made known there?

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

Att. Gen.: By the oath you have taken, were you not present at Mr. Love's house, when those foresaid letters from Titus, and Bailey, and Massey, were published and read?

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

L. Pres.: Whether was there not five pounds given to a messenger that brought them?

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

L. Pres.: Did you contribute anything towards it?

C. Pot.: I think, I did contribute ten shillings.

L. Pres.: Who contributed besides yourself.

C. Pot.: I know not.

Att. Gen.: Was there not at Mr. Love's a promise of arms, or letters?

C. Pot.: My Lord, I cannot say so.

Att. Gen.: What can you say?

C. Pot.: I have heard there was.

Att. Gen.: By whom have you heard it?

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

Att. Gen.: Did Mr. Love contribute to the messenger?

C. Pot.: I cannot say, he did.

Att. Gen.: My Lord, I do not ask him one question, but what himself has confessed.

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

Att. Gen.: Who else gave besides yourself, and who received it?

C. Pot.: I profess, I know not.

Att. Gen.: Whether was there not a Declaration to the Church of Scotland then published?

C. Pot.: The Declaration, I know nothing of it, you reminded me of it at the Committee, when I was first examined, but I knew nothing of it.

Att. Gen.: My Lord, ask him, whether the State and Church did not write for arms and ammunition at that time after the fight.

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

Att. Gen.: To whom were they directed?

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

Att. Gen.: Was there not one letter with L. upon it?

C. Pot.: My Lord, about the letter L. I did receive those letters myself, there was an L written upon them; my Lord, these letters came from Bamfield out of Scotland; there was in these letters a large narrative of the affairs of Scotland, from Dunbar fight, to the time of the date of them, which I think was about Christmas; this is a thing, I know better than (I am afraid I give offense by saying, I think, and I heard, and that I cannot speak positively; but of this I can speak positively.) Bamfield gave an account therein of a narrative of two sheets of paper, and I, and another, or two, opened them, and I carried these letters to Mr. Love's, there was one or two more, with me: Mr. Jaquell, and I think Doctor Drake, I cannot well tell. There was a narrative of the Scots affairs, and a letter from nameless persons, which we supposed to be from Mr. Baily, and from my Lords of Argile, and Lowden, and Lothian, and others, whose names I do not remember: these letters wrote for ten thousand pounds, for buying of [reconstructed: Arms], and hiring of shipping; these letters we disliked, and we dissented from them, and agreed to give a negative answer; but we thought fit for our own safety, to raise some money for the messenger, and Bamfield, to which I contributed ten pounds. I carried all these letters to Mr. Love's; one or two were opened, I think we opened them, the narrative and my Lord of Argile's letter I opened before I understood what they were.

Att. Gen.: Why did you carry them to Mr. Love's?

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

Att. Gen.: With whom did you leave them?

C. Pot.: I brought them away all of them.

Att. Gen.: Were they not read?

C. Pot.: They were all read.

Att. Gen.: He confesses further, he paid ten pounds: to whom were the letters directed?

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

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

C. Pot.: The advice that was given to that, was, that we should do nothing in it, and we did nothing in it more than I tell you, I carried those letters to them, and had discourse of them, and resolved to do nothing in them.

Att. Gen.: Why did you carry them to Mr. Love's?

C. Pot.: I went for advice what I should do in them.

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

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

Att. Gen.: Where was this money agreed to be raised?

C. Pot.: I cannot speak to that.

Att. Gen.: Who took the subscriptions?

C. Pot.: I cannot speak to that neither.

Att. Gen.: Did Mr. Love contribute?

C. Pot.: I cannot say he did.

Att. Gen.: Was it in his house?

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

Att. Gen.: When you came into Mr. Love's parlor, and left the ten pounds, did you not give him a twitch by the hand?

C Pot.: I cannot say so: His examination was again read.

L. Pres.: Is this true?

C. Pot.: The substance of it is true.

L. Pres.: Of your own knowledge?

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

The Clerk reads more of his examination.

C. Pot.: This is a section I never worded, nor phrased myself, I have heard as much as this comes to, but cannot speak it knowingly.

Att. Gen.: Did you not write this yourself?

C. Pot.: I believe not, I cannot positively say, that Mr. Love either drew up the letter, or received the letter.

Att. Gen.: You say he received the letter from your own hands?

C. Pot.: But not the letter from Titus, and Baily.

Att. Gen.: Do you know of a way of correspondence laid at Kendal, or no?

C. Pot.: I heard there was such a correspondence.

Att. Gen.: By whom?

C. Pot.: I cannot say by whom.

Att. Gen.: Do you know that Groves was sent to look for letters there?

C. Pot.: Yes.

L. Pres.: Did Mr. Love know of it?

C. Pot.: I cannot say he did.

Att. Gen.: What had Groves for his pains for going?

C. Pot.: Ten pounds.

At. Gen.: From whom?

C. P.: I paid it.

At. Gen.: Did you receive any of it again?

C. Pot.: I did receive some of it, I received two 10 s. by several persons.

Att. Gen.: From whom?

C. Pot.: From Gibbons, and Alford, and Far.

At. Gen.: Not from M. Love.

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

Att. Gen.: My Lord, ask him whether there was not letters returned to Bamfield again, and by whom.

C. Pot.: My Lord I did receive a letter that I suppose was to Bamfield.

L. Pres.: From whom did you receive it?

C. Pot.: It was left in my shop.

L. Pres.: By whom?

C. Pot.: I cannot say by whom.

L. Pres.: Whom do you conceive it came from?

C. Pot.: I think from M. Love or Doctor Drake.

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

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

At. Gen.: And who received the thirty pounds.

C. Pot.: I cannot tell.

At. Gen.: But you sent the letter.

C. Pot.: I did.

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

C. Pot.: I did send for Mr. Love, and he did come to me, and I desired his counsel as a Minister, and I told him upon what score I was questioned, then I was questioned upon Mr. Cook only, and he gave me encouragement only as a friend and Minister of the Gospel ought to do.

At. Gen.: What was that?

C. Pot.: He wished me to make a Christian use of my afflictions; and gave me some other instructions, we had an hour's discourse, and it was all to this purpose: he wished me to make a Christian use of my restraint, and to labor to get Christian wisdom and fortitude.

L. Pres.: What did he say more to you?

C. Pot.: My Lord, no more passed between us, and I gave him an account of what questions I was examined upon in Cook's business.

L. Pres.: Did you give him an account?

C. Pot.: I have said so, and he did advise me to prudence, and fortitude, and courage.

At Gen.: Did he not advise you to be courageous, and that unless you discover one another, you were safe enough?

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

At. Gen.: Did he not wish you to be silent?

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

Att. Gen.: But did he discover nothing, and wish you to be prudent for yourself, and them?

C. Pot.: He did not then.

Att. Gen.: When then?

C. Pot.: I saw him not since, and he told me of Bamfield's man.

Att. Gen.: How came it about Mr. Love spoke with you?

C. Pot.: I did prevail with my keeper to go with me to dinner, and to take a glass of wine, and then I provided for Mr. Love's coming to me.

Att. Gen.: What has Mistress Love said to you?

C. Pot.: I saw her ever and anon.

Att. Gen.: What has she said to you?

C. Pot.: She has wished me with tears to have a care of her husband, and not to discover anything, I think she has.

Att. Gen.: Did not Mr. Love say then, that he had been at a fast, where you were remembered?

C. Pot.: He did so.

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

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

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

C. Pot.: I do confess again, that before Captain Fisher, and Mr. Attorney did prompt me—

Att. Gen.: Prompt you, Sir!

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

Att. Gen.: My Lord, it is possible, I might wish him to express what he did know himself, and what he did know by relation of others, and so did set it down, and he did it fully and clearly; and after all this, brought it in again written with his own hand to the Counsel of State.

Att. Gen.: My Lord, if you please, Captain Fisher may go for the original under his own hand.

Clerk: The original cannot be found.

Mr. Love.: Here is nothing at all that concerns me about the business of Titus, in Jersey, and about the letter from Titus, and the copy of the letter from the King; he tells you he does not know it was in my house, he tells you it was but a copy, not the original.

Captain Potter withdraws. Major Alford called into the Court, and takes his oath.

Att. Gen.: My Lord, let him declare what he knows either by himself, or others, and of his employment at Calais: make the whole narrative as much as you can remember.

Major Alford.: My Lord, I was one morning wished to go with William Drake to the Swan at Dowgate, hearing there was a Gentleman lately come from the Prince, where I should hear all the news from beyond the Seas. When I came there, it was one Captain Titus, one whom I had never seen before, and he gave a relation of the good disposition of the Prince, and how inclinable he was to take the covenant, and to cast off the cavaliering party, and those about him, if there were an opportunity to make it known, that there was a considerable party in England that would stick close to the ends of the covenant. Upon that, Sir, myself, and some others that were there, did think we were bound in duty, and in relation to the Covenant, to press the ends of the Covenant, for the Prince to take it, and to prosecute the ends of it. And for that, Captain Titus said, if we would appoint another meeting, he would draw up something by way of attestation or petition to the Prince to that purpose. My Lord, we did meet at the Bear in Bread Street, and there he did draw forth something that he had framed to that purpose, and he read it; and afterwards (not at that time) it was agreed upon to be sent over to the Prince. The substance of it, was to press the Prince to apply himself to take the covenant, and to prosecute the ends of it; and to cast off all his cavaliering party about him, which had brought so much mischief to his father, and would do the like to him. This Captain Titus drew up, and this I believe was sent over, for Titus undertook to send it over. I did ask how the Prince should be made to believe, that this coming from an inconsiderable party, as we were, should come under the notion of the Presbyterian party of England, for it went under that notion? He said, he should undertake that by the means of my Lord Percy. And the petition that was agreed upon, he did send over, I believe, for I did not carry it to the post-house, but he did undertake to do it. Afterwards he went over himself, and when he was over, he had information that there was notice of his being here, and of the business he was upon; and therefore he wrote over to William Drake (as Master Drake told me) that he did desire some of us that knew of the business, should be sent over to him, to receive that account from him which he had in the business. So Master Drake did persuade me to go over to Calais; and having some business of my own, I did go over to Calais. I went from my house on the Friday night, and I was back again on the Tuesday following. And he did give me an account of that transaction. The substance of it was this: it was about his own troubles he had undergone there by the cavaliering party, in managing that business. He had likewise been imprisoned, and they told him they would try him as a spy; and that they urged hard against him; and that he was in that condition till my Lord Liberton, the Scotch commissioner, came over; and by his means he had access to, and favour with the Prince. And that was the substance of all. He said the King was averse to the covenant, not of himself, but by reason of those counsels that were about him. And this was the substance of that account he gave me of his transaction there at Jersey, in reference to the business he went upon. And this he gave me in writing, which I brought over to deliver to Master Drake, for it was directed to him, which I did deliver. Afterwards Master Drake carried them to Master Love's house, where they were read. And that is all as to that business. Then afterwards there was a commission, they called it a commission, it was agreed upon among us, to be sent over to my Lord Willoughby of Parham and Massey, and I think Graves and Titus, that they should agitate and act for us at Breda, and to advise with the Scotch commissioners that were there, in the behalf of the Presbyterian party here in England; and that is all in relation to that. Afterward Master Drake read to me the copy of a letter in characters, which he had written himself in his own back-shop, which he told me should be sent to the Queen, which was to persuade her to persuade the King, as he came that way, to close with the Scots, for that was the likeliest way to make good his own interest; but that was at Master Drake's house, only between him and I. Afterwards Master Drake told me he had disbursed money about receiving of letters, and receiving of news, and did wish me that I would let him have ten pounds, and said he would speak to some others of his acquaintance to do the like, and if he could get up a considerable sum, I should have part back again, for he said the charge was too great for him to undertake; and I do think he had ten pounds of me for that. After Dunbar fight, there was I and some others at Master Love's, in his great lower room, where was a letter read that was said to be from Major General Massey, that gave an account of the business of Dunbar; and also did write for Arms, I know not how many thousands; and to that purpose, that they might be provided by the way of Holland. But upon that, all that were there did say — I heard no man speak of providing arms or any such thing. He wrote in his letter, that for his own necessities, and Captain Titus that was there, that a motion might be made for providing some money to send over for their supply; and it was then said, we were so inconsiderable, and so few, that the sum spoken of could not be done; and therefore it was moved, that every one should do by himself and friends what he could. This was the substance of that.

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

Major Alford.: For that I know nothing; but heard Master Drake say, that he had correspondency with some in Scotland, and I have heard him use one Master Bailey's name; and he had a cipher which they wrote by.

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

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

Att. Gen.: Was Mr. Gibbons there or not?

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

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

Maj. Alf.: I have given you the substance of it; but for communicating of it, I knew it from none but only from those there.

Att. Gen.: Titus took time to draw it up?

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

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

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

Att. Gen.: What ministers?

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

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

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

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

Maj. Alf.: I cannot say anything but what William Drake told me privately between him and I, as to that purpose, a letter to the Queen.

Att. Gen.: What was that?

Maj. Alf.: I did tell your Lordship.

Att. Gen.: My Lord, ask him whether he was not at supper with Titus?

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

Att. Gen.: What money had Titus to bear his charges?

Maj. Alf.: Thirty pounds.

Att. Gen.: From whom.

Maj. Alf.: From William Drake singly.

L. Pres.: Did not Drake gather it up again?

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

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

Maj. Alf.: The letter that was read of Titus, was not at Mr. Loves house, as I know of (but Mr. Drake for all things came to him; and we knew nothing but only from him; for the correspondence was settled between William Drake and Captain Titus) nor at any public meeting that I know of, but what Drake told me.

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

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

L. Pres.: That account you gave at Mr. Loves house?

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

L. Pres.: At what time was it?

Maj Alford.: At the time when the Scotch King was at Jersey.

Att. Gen.: Whether did you bring from Titus a copy of a letter from the King?

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

L. Pres.: To whom did you deliver it?

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

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

Maj. Alf.: I do not remember a word of that.

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

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

L. Pres.: The letter was then read you say?

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

Att Gen.: Did not you propose to send fifty pounds to Titus?

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

Maj. Alf.: Did not you make a Narrative yourself of what you received by word of mouth from Titus?

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

At. Gen.: Did you not receive an account from Titus of his transaction at Jersey?

M. Alf.: I did.

Att. Gen.: Did you not give an account of that you received from him?

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

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

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

Were those papers read at that meeting?

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

Who then were there present?

There was Mr. Love, Doctor Drake, Mr. Case, Major Adams, Mr. Gibbons, and Captain Far. Truly, I cannot particularly tell.

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

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

What do you remember was said concerning him there?

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

Do you not remember that this was one passage in the King's letter, that the King wished them to send Commissioners to Breda?

I do not remember that.

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

That there was.

What was to be the effect of that commission?

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

Was Master Love there?

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

Who did correct those instructions?

I cannot tell.

Who was agreed to prepare the commission?

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

Did Gibbons bring it?

Who brought it I cannot tell.

Who were the Commissioners?

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

Was this in Mr. Love's study, or in another place?

It was in Mr. Love's study.

Was the rough draft corrected by anybody or no?

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

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

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

Who carried the commission and instructions?

One Mason.

Who was that Mason?

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

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

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

And was it sent?

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

When this commission was thus brought into Mr. Love's study, was there not a question propounded, what warrant have we to send Commissioners, and by what authority, and what was the resolution upon it?

Well, it may be, but I do not remember it.

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

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

What was the effect of these instructions?

The substance of them was according to the first commission, to press them to use all their endeavor to advise, and take advice with the Scotch Commissioners how to press the King to take the covenant, and to join with the honest party, the Church party in Scotland; that was the substance of it.

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

I heard Mr. Drake once say, there was a letter from my Lord Piercy to that purpose, but Captain Titus himself wrote against it.

What course or way was propounded to raise money?

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

But he told you it was the first advice of some others?

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

What know you since the Dunbar fight?

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

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

It was not to purchase money, or arms, for any such thing, but only a proposition made for supplying those gentlemen's personal necessities.

And how was that to be done?

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

At. Gen.: What was that sum?

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

At. Gen.: How was that to be raised?

Mr. Alford.: It was to be raised among ourselves.

At. Gen.: And did you subscribe then presently?

Mr. Alford.: No, I did not.

Att. Gen.: Who did?

Mr. Alford.: I cannot tell that any did; for I then said, that I did not know that either myself, or any there, was engaged by promise to do any thing for any, only for Captain Titus; for he alone was there upon our interest, and therefore I said, for that I would contribute ten pounds.

Att. Gen.: How much did Mr. Love contribute?

Mr. Alford.: I do not know of any particular sum.

Att. Gen.: Did Mr. Love press you to contribute, or move any to do it?

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

Att. Gen.: When was Titus there?

Mr. Alford.: I cannot tell.

L. Pres.: Did Mr. Love move it?

Mr. Alford.: Yes, my Lord.

Mr. Love.: Was I the first that did move it?

Mr. Alford.: Truly, I cannot tell that.

Att. Gen.: Was it at that time that the letters were read?

Mr. Alford.: It was at that time.

L. Pres.: And was Mr. Love there then?

Mr. Alford.: Yes, it was at that time.

Att. Gen.: Do you remember of any Declaration of the Kirk and State read at that time?

Mr. Alford.: No indeed, I do not.

L. Pres.: You did say, that the letter did mention for arms?

Mr. Alford.: But we did all every one of us disavow that, but only the supply of their particular occasions.

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

Mr. Alford.: Not that I know of.

Att. Gen.: Was there not a motion of sending fifty pounds to Colonel Graves? And what succeeded upon it?

Mr. Alford.: I do not know of any particular, but only of the sum to be raised in respect of Titus.

Att. Gen.: How should your 300 pounds be disposed of?

Mr. Alford.: That I cannot tell.

Att Gen: For whom was it to be raised?

Mr. Alford.: I told the Court that it was proposed for Massey, and for Titus.

At. Gen.: Did you pay your money?

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

Att. Gen.: Did he bring it to you upon account as paid?

M. Alford.: I believe he did.

Att. Gen.: What do you know more?

Mr. Alford.: Truly, nothing more.

Att. Gen.: What do you know of any correspondence settled at Kendal?

Mr. Alford.: Nothing at all.

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

Mr. Alford.: No, I know nothing of that.

Mr. Love.: You confess you went to Calais, and brought the copy of a letter from Titus: Did I send you to Titus?

Mr. Alford.: No, I do not say you did.

Mr. Love.: It is alleged by this Gentleman, that it was sent out of my house, Did I write any letter by you when you went into Holland? And upon your coming home, you say the copy of a letter was read at my house, will you swear I was in the room at the time when the letter was read? I was in my house, but did not I go often out and in? Sir, I do speak this, because some at the Committee said, I went in and out often. Do you swear that I heard the letter read in my house?

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

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

M. Alford.: I cannot tell whether you might go out.

M. Love.: How long ago was this letter.

M. Alford.: I think it was at that time the King was at Jersey, I cannot remember the month, I think about two years ago.

M. Love.: Was the letter sent to me, or was it received by me?

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

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

M. Alford.: Truly, there was not any man's particular assent asked, that I know of.

L. Pres.: Was it not agreed in the general that it should be sent over?

M. Love.: I pray ask him this question, did not I dissent from sending the Commission?

M. Alford.: I do not remember it.

M. Love.: For the business of money, he says, there was two or three hundred pounds raised, do you affirm I raised a penny?

M. Alford.: I did not say it was raised, but I say it was there proposed to be raised.

L. Pres.: This he did say, There was a proposal for the doing of it, and you did persuade the doing of it; and he left ten pounds with his man afterwards.

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

M. Alford.: I do not remember that particular.

M. Love.: Ask him whether the money was sent to buy arms, or raise forces, or only to supply his wants, he not having a livelihood.

M. Alford.: It was not for arms, but it was for Massey and Titus, to supply their necessities.

M. Love.: But he proves not that I lent any.

M. Alford.: I do not say you did.

Att. Gen.: Observe Sir, there was a letter for arms at M. Love's house, read there, and M. Love did propose three hundred pounds to be raised, and pressed the doing of it accordingly. M. Alford did likewise lend ten pounds; you may believe there has been tampering with this witness too. My Lord, ask M. Alford whether there was not a letter brought to him by his sister.

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

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

Major Alford withdraws, and Major Huntington is called into the court, and is sworn.

Lord President.: What do you know about Mr. Love's house, about the commission, and Captain Titus?

Mr. Huntington: My Lord I can say, that about March, 1648, I met with Major Alford, and he told me that Titus was in town, and asked me if I knew him, and I told him, I did; and asked him where he was, he said he was newly come from beyond Sea, from the Fry, there being Alderman Bunce; I asked him where he was, he said little to me; but he said he was to meet him the next day at the Swan at Dowgate, that there was to be some citizens in order to those gentlemen beyond the seas, to speak with him there. I did meet, and the citizens there were Colonel Barton, Colonel Vaughan, Captain Massey, Lieutenant Colonel Bains, and I think Hollis his man, I am not certain of it; but Captain Far was there: the business at that time, was only commendations from their friends there; and to tell them that he was commended to their acquaintance. And afterwards, he grew into very high praises of the Prince, and that he had the knowledge of it from a Scotch Lord, I know not his name. After this he told them the Prince was running very unhandsome courses, and they had very great hopes, that his own inclinations did not lead him to it, but it was the Malignant party about him, that had a prevalency over him there, as over his Father here; but he did rather incline to join with the Irish Rebels, and did believe he would incline that way, unless he could get something from hence, to divert him from it; whereupon he did hope they would all set themselves that way, and that he would get letters from persons of honor (whom I know not) that should persuade him into a good belief of the Scots, and to take the Covenant. After this there was a meeting again, I think fourteen days after, at the White Hart in Breadstreet, and there I met too; in the time that I was there, I did understand there had been a meeting or two before in order to the business, and Captain Titus did declare he had now again letters from persons of honor, to send to my Lord Piercy, and did hope they would set something afoot among themselves of the like consequence: for Massey, Bunce, and Graves could see no way under the heavens but for the King to take the Covenant, and join with the Scots, and to engage the Covenanting party here. And to that purpose, he draws forth a paper that did purport that they were bound in honor, and justice, and conscience, and I think Loyalty, to maintain him in his just rights, if he would go and join with the Covenanting party in Scotland; and that he had no other way under God, but that; which if he did, they took themselves bound in conscience to help him to his just rights. Upon this Lieutenant Colonel Bains makes objection to it, and said, it was a Malignant business; and did fear there was no good design in the thing, and thereupon they did break up. I cannot tell whether it was sent or no, for they were afraid he would betray the business. After that I was told by Major Alford, that Bains told them, he was very sorry he should meddle in that business, and that they would never prosper, that had anything to do with him, for that the sins of him and his Father were so great; whereupon they were very wary and afraid he would discover the business. And he, I think, knew no further. After this, I did understand this letter was sent to the Prince, and I was told so by Mr. Alford, that it was sent in the name of the secluded members, and Ministers, and Citizens, and soldiery, and Noblemen; I remember it fetched a great compass: whereupon when the Prince saw this letter, and had it from my Lord Piercy, he stormed at it, and said, Who are these Noblemen, and the rest? What can they do for me? Can they raise me ten thousand men? Whereupon there was nothing done, but Titus retired himself to his mother's house, and there lived about three quarters of a year, and came to town after, and did solicit his own business. A little after this, I heard (upon the business of the Scots) that there was another letter sent that did begin the thing again, and now the Prince had considered of the thing, and sent over the letter, and I heard, that it was to the Ministers of London. I did not see the letter, but Alford and Drake told me it was so. After this Titus was sent away, and that with a sum of money, as I heard; who lent the money, I cannot tell, and what sum I know not: but presently after this, I coming to town out of the West, in March 1649, in the beginning of March, the day of my coming to London, after I had been here one or two days at most, I met with Hollis his man in Fleet-street, I do not know his name, he met me, and I asked him what news? He told me, he wondered that I was a stranger: and I asked him, what news? He said, if you come to Mr. Love's house, you shall hear news; what is your business there, said I? He said, it was to pray together, and to hear the news: I went about nine of the clock, and prayer was over, and the news a great part was over: but after I did come there, that I did hear, was this; William Drake pulled a paper out of his pocket, that I understood he had put into his pocket, or withdrawn, because of a stranger, and afterwards he took it out again. The substance of the paper was to this purpose, as I remember, it was in characters, and pulled out of his pocket, and by him read: In the name of the Commissioners commissioning the Lord Willoughby of Parham, Major General Massey, Colonel Graves, Captain Titus, and Alderman Bunce, in order to the Treaty, in the behalf of the well affected party in England, and these to join with the Scotch Commissioners, according to such instructions that should be therewith enclosed. And somebody asked him, what power have we to give such a commission? It was answered again by William Drake, that we have the King's command for it, and we have likewise the authority of some prudent Parliament man, whom we look upon (said he) beyond the power of them that now sit: whereupon Mr. Love replies, Come, come, let it go. And after that I knew nothing.

Attorney General: Repeat that again?

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

Mr. Love.: Pray, ask him this one question, Were there no speeches between William Drake's words, and those words he pretends were mine?

Huntington.: I remember none.

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

L. Pres.: Speak what you know of this business?

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

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

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

L. Pres.: And this you deliver upon oath?

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

Bains withdraws.

Major Adams is called into the Court, and sworn.

L. Pres.: Declare your knowledge in this business?

M. Adams.: Touching Alderman Bunce and Mason, I know something by relation touching the correspondence with them.

L. Pres.: Tell the manner of it.

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

Att. Gen.: What do you know of Mason, and of letters sent by him?

Mr. Adams.: Mason I do know, and I do know he did receive letters.

L. Pres.: From whom?

M. Adams.: He said, from my Lord Percy.

Att. Gen.: To whom were those letters communicated here?

M. Adams.: They were communicated to M. Drake, and by M. Drake, to myself, and M. Alford, and C. Potter, and C. Far.

Att. Gen.: Was M. Love privy to it?

M. Adams: I cannot say that, my Lord.

Att. Gen.: Were there not letters sent to Scotland to them, and back again here about sending moderate propositions to the King?

M. Adams.: There was such letters.

L. Pres.: Who wrote them?

Mr. Adams: That I cannot tell.

L. Pres.: Had Mr. Love a hand in them?

M Adams.: I cannot say he had. I cannot prove a negative, I cannot say he had not.

Att. Gen.: What know you of the petition sent to the King?

M. Adams: I know nothing of it, only I was told of it.

L. Pres.: Who told you of it?

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

L. Pres.: What do you know about the meeting at the Swan at Dowgate?

Mr. Adams.: My Lord I was not there.

At. Gen.: Then my Lord, he may tell you what he does know?

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

Att. Gen.: Who was at that meeting?

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

L. Pres.: What passed there?

Mr. Adams.: It was there agreed, that Captain Titus should go over to Jersey.

Att. Gen.: What was he employed about?

Mr. Adams.: The end of his going, was to endeavor to work an agreement between the King and Scots, according to the Covenant. That was the end that was proposed. And in order to his going, we did agree to furnish him with money for the present, and made some kind of promise to maintain him while he was out.

Att. Gen.: What money was he furnished with?

Mr. Adams.: I cannot be precise in that, but about a hundred pounds.

Att. Gen.: Who should pay it?

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

Att. Gen.: To whom did you pay it?

Adams.: To Mr. Drake.

Att. Gen.: My Lord, Ask him whether when this was sent to Jersey, was there not a return made?

L. Pres.: Well, go on, There was your twenty pounds gone?

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

Att. Gen.: Was this twenty pounds that you laid out of your own, or did you collect it of some of the rest, or did you gather any of it again?

Mr. Adams.: I cannot say that I did.

L. Pres.: Did you not?

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

At. Gen.: Did not Mr. Love know of the collection?

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

Att. Gen.: Ask him what return Titus made, what answer, and what account he gave?

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

Att. Gen.: My Lord, Ask him where the letter was read?

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

Att. Gen.: Where?

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

Att. Gen.: Whether were not you moved to go?

Mr. Adams.: There was some motion to that end.

L. Pres.: Who moved it, and where?

Mr. Adams.: Who moved it, I cannot tell; it was moved, I think, in Mr. Love's Chamber.

Att. Gen.: Was Mr. Love there?

Mr. Adams.: He was there.

Att. Gen.: Did Mr. Love move it?

Mr. Adams.: I cannot say he did.

L. Pres.: He will not say it?

Mr. Adams.: I cannot say it upon my oath.

Att. Gen.: My Lord, so much he says, that it was moved in Mr. Love's chamber, then he may give you an account of Mr. Alford's return, and where the account was given?

Mr. Adams.: The return of Mr. Alford's account was given at Mr. Love's house.

L. Pres.: What was it?

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

L. Pres.: What was the substance of that letter?

Mr. Adams.: The contents of the letter, as I remember, was first, he expressed a great deal of affection to the Ministry of England in general, and promised great favor when he was in a condition to do it, and desired them to continue steadfast in the way they were in.

Att. Gen.: Was this letter published at Mr. Love's study?

Mr. Adams.: It was read.

L. Pres.: Was Mr. Love there?

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

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

Mr. Adams.: There was a motion made by some body.

L. Pres.: Who made the motion?

Mr. Adams.: I cannot tell.

Att. Gen.: Was not a hundred pounds more to be sent agreed upon there?

Mr. Adams.: I think so.

Att. Gen.: There was more money contributed, who agreed to lend any?

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

L. Pres.: Who contributed?

Mr. Adams.: I did my share.

L. Pres.: How much was that?

Mr. Adams.: As I remember, ten pounds.

Att. Gen.: To whom did you pay it, and where did you pay it?

Then they showed him his Examination.

L. Pres.: Come, look upon it, and be well advised.

Adams looks upon his Examination.

Mr. Adams.: I paid it to Mr. Drake at his father's shop in Cheapside.

Att. Gen.: Next about the Commission and instructions to be sent, what do you know of that? When this letter was read from the King, and published in Mr. Love's study, whether was there not a Commission agreed upon, to give instructions to treat with the King at Breda?

Mr. Adams.: There was a motion made at Mr. Love's house, that there should be a commission and instructions drawn and sent; the motion was made at Mr. Love's house, they [illegible] there spoken of.

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

Mr. Adams.: Truly, for my part, I did not then take such special notice, that I dare at this time upon my oath, deliver any thing positively against any particular man, but generally all spoke something, as I remember.

Att. Gen.: Was there any debate to mend the instructions?

Adams.: Truly, Sir, not as I remember.

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

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

Att. Gen.: Was Mr. Love there?

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

L. Pres.: Was it in his study?

Mr. Adams.: It was.

Att. Gen.: Was there a Commission agreed upon to be sent?

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

L. Pres.: Was there not a general consent?

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

L. Pres.: Was it approved of?

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

Att. Gen.: Were there not instructions agreed upon, and all this in Mr. Love's study?

Mr. Adams.: It was so.

L. Pres.: Were they not read there?

Mr. Adams.: I think they were.

L. Pres.: Who read them?

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

Att. Gen.: What was the contents of the Commission?

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

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

Adams.: There were some such words at the meeting.

L. Pres.: What did Mr. Love say?

Adams.: I cannot remember what Mr. Love did say, or whether he said anything or nothing at that time, but that there were such words said, I have said it, but by whom, I cannot fix it upon any particular person.

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

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

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

Ad.: I dare not say so.

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

Adams's Examination was here again read.

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

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

Adams.: That there was such a letter written, I must needs acknowledge.

Att. Gen.: Where [illegible] it read? at Mr. Love's house?

Adams.: No certainly, I only saw it in Mason's own [illegible], and I remember he showed it me.

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

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

At. Gen.: Was not the letter communicated at Mr. Love's house, and were not you present when this letter was read at Mr. Love's house, wherein Massey complained he had bad friends in Scotland?

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

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

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

Att. Gen.: Who were appointed with you.

Ad.: As I remember, Captain Potter, Captain Massey, and Mr. Gibbons.

Att. Gen.: But was there no meeting upon it, was Mr. Love named?

Adams.: Mr. Love was not named.

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

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

L. Pres.: Did he meet at your meetings?

Ad.: Yes, he did meet sometimes.

Att. Gen.: Was he at Mr. Love's house at any time?

Ad.: That he was.

Att. Gen.: When the Act came forth for banishing the Scots, was there not a collection for his charges, and were not you at Mr. Love's house when it was agreed to?

Adams.: I was not.

Att. Gen.: Did you contribute money?

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

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

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

L. Pres.: Speak the certainty as it was in your breast.

Ad.: My Lord, if it be doubtful to me, how can I be certain, and charge it upon my memory?

L. Pres.: Speak the truth?

Adams.: I will speak the truth.

L. Pres.: Do so then?

Here again Adams looks upon his Examinations.

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

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

Adams.: I do think he did, as far as I understand, he did.

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

Adams.: No Sir.

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

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

Att. Gen.: How often did you meet at Mr. Love's house?

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

At. Gen.: He was at Mr. Love's study?

Adams.: Whether so many times, I know not.

Att. Gen.: My Lord, ask him whether it was not at Mr. Love's study when money was propounded to be raised for Massey, and Titus.

L. Pres.: Was that in Mr. Love's study?

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

Att. Gen.: Was Mr. Love there?

Adams.: Certainly, he was there.

L. Pres.: What was the contents of the letter?

Adams.: The contents of the letter I cannot remember.

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

Adams.: Yes, it was.

Att. Gen.: Was this letter from Massey, read at Master Love's house, was this for money?

Ad.: It was.

L. Pres.: Was it agreed for money to be raised?

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

Att. Gen.: How was the money to be raised, and in what manner?

Adams.: It was by those that were privy to the contribution.

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

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

Att. Gen.: Did not you conceive so, that Mr. Love summed up every man's sum? Did he put the letters of their names before them, when he writ the sums?

Adams.: I cannot say that.

Att. Gen.: Was not there a letter penned by Master Love, and Doctor Drake?

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

Att. Gen.: To whom was that letter directed?

Adams.: I cannot tell to whom.

Att. Gen.: To whom was it declared to be directed? To whom was it declared to be written?

Adams.: To the General Assembly and Kirk of Scotland.

L. Pres.: Was this at Mr. Love's house too?

Adams.: It was so.

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

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

Att. Gen.: My Lord, This is very high; for he tells you this letter was approved of, and directed to be sent, and this was after Dunbar fight, after we were engaged in blood.

Here Adams read out of his Examination, as follows:

Adams.: There was also a large letter in the nature of a Declaration penned by Master Love, and Doctor Drake, and approved of by most of the Presbyterian party, Ministers, and other, and directed to the General Assembly, and Kirk of Scotland, subscribed by none, which contained the substance of what was declared by Titus, and Massey, but durst not promise any great sums of money till they appeared more considerable, and grew nearer action; the business required higher spirits than was for the present, and the business required a considerable sum: but to leave no means unattempted when the business was seasonable. [So far he reads.]

Att. Gen.: Major Adams is now upon his oath to tell you.

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

Att. Gen.: Was not this agreed and declared at Mr. Love's house, that such a letter should be written to the Honorable Committee, and to the Kirk.

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

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

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

L. Pres.: Well, it was about that time, and in that letter, or in some other letter, and at Mr. Love's house.

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

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

L. Pres.: Did Mr. Love know of it?

Adams.: I do not know.

Att. Gen.: Ask him what he knows concerning Colonel Bamfield's man coming here?

Adams.: Concerning that I know nothing, but I confess I had some item, that at that time there was something found; and this is all I can say to that, I cannot guess the time.

Att. Gen.: Was it after the fight at Dunbar?

Adams.: Yes, that it was.

Att. Gen.: Were the meetings at Mr. Love's house?

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

Att. Gen.: Ask whether upon the large letter, Massey did not write that things were well settled in Scotland?

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

Att. Gen.: Were you not present, or at Mr. Love's house, when these letters were read, that they were in a hopeful condition?

Adams.: I cannot say so.

L. Pres.: What can you say?

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

Att. Gen.: Was there not a large letter inviting your friends to union?

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

Att. Gen.: Now we speak of a letter from Alderman Bunce, and others?

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

L. Pres.: What is the truth? Do you conceive it is so?

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

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

L. Pres.: Who do you mean by the Correspondents?

Adams.: By correspondents I mean Alford, Potter, Far, etc.

L. Pres.: Was not Mr. Love one of them?

Adams.: I took him to be so, my Lord.

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

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

L. Pres.: But you saw the letters there?

Adams.: That I have said.

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

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

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

Adams.: I cannot say that.

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

L. Pres.: That he swears?

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

Mr. Love.: He only heard them read.

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

M. Love.: But let him prove how it was a correspondence on my part.

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

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

Mr. Love.: Does he swear that I assented?

Adams.: I did not swear so?

Mr. Love.: He says, money was sent to Titus, pray ask him whether by Agents I employed?

Adams.: I cannot say so.

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

Adams.: You were there some part of the while.

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

Adams.: I cannot say I was threatened with death to that end.

Mr. Love.: I shall bring a witness that shall prove from his own mouth, that he has confessed, if he did not bring in evidence against me, he should be hanged.

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

Att. Gen.: When a man is a Traitor and does confess, he deserves mercy.

Mr. Love.: Ask him whether he has not received money to give in this information against me.

Adams.: I have not.

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

Att. Gen.: Did you receive money, or were there promises made to you to testify against Mr. Love?

Adams.: Upon my oath I did not.

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

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

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

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

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

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

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

Mr. Love.: It appears then that the ten pounds was not [reconstructed: lent] to Major Adams, but was paid him for his discovery; so that 'tis clear he is a hired witness; and have you not brought him to Mr. Scot's chamber with promises of preferment?

No answer to that question.

The Lieutenant of the Tower is commanded to withdraw his prisoner, and the court adjourns till tomorrow.