The Third Day's Proceedings, July 25, 1651

Att. Gen.: Mr. Love. This is the day the Court has given you, (according to your desire) to make your defense, and they are ready to hear it.

L. Pres.: And I hope those directions that have been given, have been observed, that any persons of whatever quality, either Lawyers, or others that came to you, have had in a fair way access to you. And that you have been debarred nothing that the Court gave order for; if there have been any impediments, we will do our best to have them taken away.

Att. Gen.: My Lord, I have nothing more at present against him; you have heard that of which he stands accused, and the evidence produced to prove it: and my Lord, I hope they be sufficient to convince the Gentleman, that there is proof against him for these facts, and treasonable designs, of which he stands accused. This day is appointed [reconstructed: for his defense], if he think fit to make it; but if God has otherwise wrought upon his heart, and that he himself is convinced, that the charge against him is proved to be true; to me it will be the best way of his preservation; But whatever way he thinks fit to take, I shall be ready to go along with him in it; and so my Lord, I expect what he shall say.

Mr. Love: My Lord, I shall not trouble your Lordship, and the Court, to bring in at present any witnesses, to testify anything that might invalidate that testimony that some have brought in against me; I love not to protract time, but I should betray my own innocence, should I by my silence lie under all that charge and obloquy which is cast upon me: and therefore, I deem it my duty wherein I can, and as far as I am able, to express myself before your Lordship, and the Court; and therefore I humbly crave leave of your Lordship, and this Court, that I may make my defense for my life before you. Although I am denied counsel to plead for me in this Court, which is so just and necessary a means for the preservation of my life, yet my comfort is that of the Psalmist, "My defense is of God, which saves the upright in heart, and pleads the cause of his servant against him that puffs at him." My Lord, you have granted me that favor, which the Romans did to Paul, that he might answer for himself, concerning the crimes laid against him. In making my defense, I shall humbly crave leave to proceed in this method: to speak something first concerning the charge; secondly, concerning the witnesses and their testimony; thirdly, something concerning myself; and then lastly, some things humbly to propose to your Lordship, and the Court. Concerning my charge: Mr. Attorney General has exhibited a charge against me consisting of two parts — of high treason, and of other high crimes and offenses. As touching the first, comparing the acts which the State has made, with the actions which myself have done, I know not any personal act of mine (proved against me) that renders me guilty, as to treason, by any public act of your Lordships; and therefore I pleaded the general issue, Not guilty, as to that. As to the second, my counsel, having a general license to come to me, and since having been with me, they have acquainted me that presence with, or silence at what my accusers have done, this renders me culpable by your acts. And therefore as to that, I shall humbly commit myself to your justice and mercy. Concerning, Sir, the charge laid against me, I can safely and truly say, I am charged with many things, which I ought not — being pretended to be done before the Act was published, which constitutes this Court; I am charged likewise therein with many things that I knew not, and with other things that I did not; and therefore dare not in conscience lie under the obloquy of the whole charge. I do therefore in general declare and protest against what is mentioned in the charge, touching the raising of insurrections, seditions, and rebellions; I may say in that regard as Jeremy did, I desire not that woeful day, God he knows. To the other particulars, to wit, the confederation with Jermine, Piercy, and others in foreign parts, to raise forces, I answer, I dislike the very mention of their names, or any concurrence with them in any practice of such a nature; who are persons, whose principles are so contrary to religion and liberty. As touching the other particulars; to wit, a correspondence with the Son of the late King, the Queen, Jermine, and Piercy, and others mentioned in the charge; I do declare before you, that I never received letter from, nor sent letter to any of them, nor had I any correspondence with them. There are other things in the charge, to which all the depositions of the witnesses do not in the least come up: and should I by my silence, render myself obnoxious to the whole, you might judge me to be guilty of that which indeed I am not guilty of. I observe in reading the charge, that there are many things in it, which the witnesses do not in the least speak to. For first, none of them swear, that ever I wrote letter to the King, or to the Queen, his mother, or to Jermine, Piercy, or any other person named in the charge, or to any person of the Scottish Nation, since the troubles began. Again, none of the witnesses swear, that ever I either desired, or persuaded, or directed any person to write any letter to any persons, whose names are mentioned in the charge; or to any person in, or of the Scottish Nation; nor do any of them swear, that ever any letter was written in my house: but that only letters supposed to come from, or sent to the Scots, were read there, which I do not deny. Again, none of them swear, that ever I did so much as read a letter in my house, or elsewhere, that was pretended to come from the Scots, or pretended to be sent into Scotland. Further, none swear that ever I gave my express and particular assent to the sending away of any letter. And none swear, that ever I collected one penny of money, either for the King, or the Scots, or any person in Scotland. That which is affirmed by one testimony, to wit, by Alford, that I moved for money, I shall answer when I come to it. Again, none of the witnesses prove, that ever I invited any person, or foreign forces, to invade the Nations of England, and Ireland, which yet is laid expressly to my charge, in the charge read against me: none likewise prove, that ever I plotted, contrived, or endeavored to raise forces, tumults, or insurrections within this Nation, against the present Government. None swear, that I was a correspondent; indeed Adams in his testimony had these words (which both the Notary and myself took) that he took me to be a correspondent: but when I had your Lordships, and the Court's leave to put this question to him — whether upon oath he would affirm I was one — his answer was, that he could not positively say I was so, but he said, he did conceive I was a correspondent, but did not say I was so. So that, Sir, as to these particulars, there are none of the eight witnesses (neither the seven, that have been sworn, nor yet Master Jaquel, whom I do not take to be under an oath) that do charge any of these particulars upon me. I have a word also to speak concerning the witnesses, who are my accusers, and I might say, there is an incompetency in them, as to their number. There are many particulars sworn against me, to which but one witness has sworn to one fact; and this I shall humbly offer to your Lordships and the Court's consideration. I might also allege an incompetency, as to their quality, they are not only persons accused of treason, and so are not to be believed, but they have made an open confession of that which is treason by your Act, and so are not legales testes. They have done that by an open confession, which as I am informed, is equivalent to a conviction; they have confessed, sending of letters, receiving of letters, and lending of money. But they have proved none of these things against me. Now they having both given it under their hands, and also publicly declared that they have done these things, I cannot judge them competent witnesses against me; but this I must leave to the Court's consideration. Sir, concerning the incompetency of their number, to that wherein two witnesses do concur, I am concluded. And wherein they have testified anything true, I would not deny it for all the world, and wherein they agree in their testimony in a truth, therein I will be candid, and ingenuous to acknowledge it. My Lord, though the Charge be long, and my time but short, and the depositions many sheets of paper (and truly I could hardly read them over, till late last night) yet through the good hand of God upon me, I shall labor to make as plain and clear a defense as God shall enable me. Sir, in reading over the charge, I observe, that those things which seem most criminal against me, are sworn to, but by single testimony, and I will mention with your Lordship's leave a few particulars. First, touching the letters, said to be from Titus, the effect of it being as was said, to desire some to come over to Calais, that he might give them information touching affairs at Jersey, none but Far swears that this letter was read in my house. The other witnesses, some say, it was read in one place, and some in another; Alford, I remember, he says, he heard it from William Drake, and Adams says, it was read in William Drake's house, but none but Far swears it was read in my house. There is likewise none but Far swears, that Major Alford was desired in my house to go to Calais to Titus, neither Jaquel, nor Potter, nor Alford, nor Adams, nor any of the rest lay this to my charge; it is only Far, that lays this to my charge, and he does it most untruly, which I will make out to you by an undeniable demonstration. He says, that at a meeting at my house, the company did desire Major Alford to go to Calais. Now if your Lordship observes Alford's testimony, he tells you upon oath, that he was never in my house, till after he came from Calais, nor ever spoke with me in my life, till after he came from Calais, therefore could not be desired in my house to go to Calais. So that, Sir, I will not lay it upon the badness of Far's conscience, but upon the badness of his memory. I do not think he is such an atheist, to swear falsely deliberately, but being asked so many questions as he was — for he was asked ninety-eight questions by Mr. Attorney, and some of the Court — he might easily say, he knew not what. And I saw the man was confounded, and it was hinted to him what to say, by the help of the papers, and examinations taken from him in private, and shown to him in public; so that, Sir, I saw the man under a temptation. I was loath to mention this then, though I knew his testimony herein to be false, because I would not anticipate my last answer. A third particular charged upon me by one witness only is a copy of a letter (not the original, none swears that) that Alford received from Titus, and he told him, it was a copy of a letter from the King. Now Far he swears that the substance of the letter was to desire Commissioners to be sent over to Breda, at the Treaty there; now Alford, who pretended to receive this letter from Titus, being asked the question, he swears that there was no such thing in the letter, that he knew of. Now truly, if any did know the contents of that copy of a letter, it must be Alford, who brought it over; I beseech your Lordship therefore to consider it, and though the charge against me be very high, and my condition very low, and the opposition against me very great, yet I hope I am in the hands of merciful and just men, and that wherein you see but single testimonies, that therein you would be very tender in proceeding to a sentence against me upon those testimonies. Again, in the next place, I observe a single testimony only in another business, and that is Major Alford; none but he of all the witnesses, did swear that it was agreed upon among us, that is, at my house, that a commission, and instructions should be sent over to the Lord Willoughby of Parham, Massey, Titus, and Alderman Bunce; none, I say, but Alford swore this; Adams indeed, swore that there was a motion that this should be, and Huntington swore this, that Mr. Love should say, Come, come, let it go (to which I shall answer when I come to it.) But Far said expressly, three times in Court, being upon oath also, that all the Company were against sending away the Commission: and Alford he only swears, that the Commission was agreed upon. I hope your Lordship, and the Court, will judge which of these to believe, and for Alford's affirming that it was agreed upon among us, I am sure, if he had any conscience, he could not say that I agreed to it. I will not deny (now witnesses have proved it) but that I was present. But I did express myself against the Commission and instructions, as being an act of high presumption, for private persons to send commissions and instructions; and as being an act of notorious falsehood, that it should run in the name of the Presbyterian party; when none did know anything of it, that I know of, but only those that were then in the room; and I beseech your Lordship, and the Court, to consider that this is not only a single testimony, but that it is said to be done in the year 1649 — a great while ago, my Lord: and so the business of Titus, if it had been true, was done some time before that; so that, Sir, it being done before the Act of the 26th of March, 1650, which constitutes this Court, herein I hope it will not be deemed criminal, if I had agreed to, and approved of the Commission, which I never did. Another particular, to which I observe, there is but a single testimony, which is Alford also; he swore, that at a meeting at my house, I moved for contribution of money to Titus: none swore this, but only he, Adams swore, I took pen and ink in my hand, but he knows not what I wrote: others swore that I was sometimes present at the meeting, but none but Alford swore that I moved at a meeting for contribution of money. Now, Sir, as to that it is but a single testimony; and if it were true, I do not deem it comes under the Act, because the Act (of which I was ignorant, till the day I heard it here in Court) of the second of August, 1650, that Act does adjudge this to be treason, to wit, the sending, or causing to be sent money, horses, or arms, into Scotland. Now, Sir, if it had been true, which this witness deposes, that I at a meeting did move for money, yet he proves not against me, that ever I received or sent away a penny; and if I had moved it, that had neither been a sending away of money into Scotland, nor a causing of money to be sent away; and so brings me not as to treason under your act. Another thing, to which only a particular witness swore; to wit, Far, is, that I moved him particularly to contribute money; he charges not this at a meeting, as Alford does; for he says, he came in late, but says that it was a personal motion to him alone; and he does not say, that I moved him for money, for Massey and Titus, but that I only asked him this question, Captain Far, what will you do? And if your Lordship consider it, and that your Notaries have taken right, you shall find that to be his answer, which I shall answer when I come to it; and thereupon he confesses, he brought five pounds to my house, but he does not tell you that I received it, and God is my witness, I never saw it, nor received it, nor did I give any directions about it; but as Far was going out of the Court, he named Captain Massey, the person which he thought received the money; for which he was rebuked by some that were by him, that so the greater odium might lie upon me; as if because the money being brought to my house, I must needs therefore receive it; his name, as I am informed, that rebuked him for declaring, who received it, is Captain Bishop; so that they would insinuate into your breasts, who are my judges (who I hope will be conscientious) that it was I that received the money, when the witness meant honestly, that another received it; but if I had received it, or moved for it, yet he is but a single testimony to that particular. Again, in reading the depositions, I take notice that there is only a single testimony to those words; (upon the hearing some papers read, supposed to be a commission) that Huntington swore, that I should say, Come, come, let it go. Those were his words; but the other who were there present, two or three of them being asked whether they heard me speak such words, they all of them denied that they heard any such words. Now truly, this Huntington is a man whose face I never saw before that day, nor since, till I saw him here in the Court; and if I had known that a business of any dangerous nature had been come to my house, which I did not (for I knew no more of it, then any here present, before Drake took the papers out of his pocket, which Huntington confesses were written in characters, and read by Drake,) I should have been accounted a very indiscreet man, to speak any such words in the presence of a man whose face I never saw before. And for those words, that I should say, Come, come, let it go — I hope your Lordship, and the Court, will be satisfied, that I never spoke any such words; as to the commission and instructions, for then I should have contradicted myself in one breath. For at the same time, I had spoken against it. Again, I observe in the depositions, none but Adams affirms that there was a letter, which says he; was declared to be directed to the General Assembly of Scotland. He does not swear it was directed to the General Assembly, but that it was declared to be so, and so swears by hearsay: none but he (I say) affirms upon oath, that at my house there was a letter read which was declared to be directed to the General Assembly. And he says further, he thought this letter was penned by Master Love, or Doctor Drake. But I beseech your Lordship and the Court to consider by what reason he did conceive this, and I hope your Lordship will distinguish between a positive assertion, and a conjectural supposition. For being asked why he conceived so? I conceive so, says he, because of the language of it; as if he that never saw any letter of mine, to know that poor and low style I write in, should conceive that either I, or that other gentleman named, should pen that letter, merely because of the language of it; it being (he said) in order to promote the ends of the Covenant. I hope the Court will judge of the insufficiency of this evidence; and were it never so clear, yet as to that particular, it is but one testimony. Again, none but Adams swore concerning a large letter, that for my part I never knew of, till the day he affirmed it here in Court. A large letter, he says, in the nature of a declaration, penned as he thought, by Master Love, or Doctor Drake, wherein it should be said, that they could not send money, till the Scots did appear more considerable, and grew nearer to action. Yet he confesses he had no ground to say, Master Love penned it. And indeed, he had not. But, Sir, as for this letter, though I durst not for a world deny anything which I know to be true; yet God is my record — to any knowledge, I never so much as heard any mention of it. And as for these words he speaks of to be in the letter, I know nothing at all of them. Nor did I ever hear them, as I know of, till I heard him affirm them here in Court. But if it had been so, yet he is but a single testimony, and I beseech your Lordship to consider that he says it was to this effect, or this was the substance of it. Now I hope, so many grave judges and lawyers that sit upon my life, and so many conscientious men, will be tender of a man's blood, when a man shall come in with evidence, and shall show neither my hand, nor the letter, nor the original, neither copy, nor transcript, nor anything but the vain rovings of a man's memory in things spoken or done so long ago: and that a man shall come in against a man's life, and shall only say, that this was the sum or substance of it, or it was to this effect. And I being a divine, I shall not speak as to matter of law, that this is insufficient testimony, but as a scholar, and one that studies the Scriptures, I shall observe one memorable instance that pleads my justification in this particular — and they are the words of Christ; Christ said, Destroy this temple, and in three days I will raise it up: now the Scripture in Mark, says, "There arose certain and bore false witness against Christ, saying, we heard him say, I will destroy this temple, etc." I beseech your Lordship to consider, that in this testimony of the false witnesses against Christ, there is only the variation of a word, and the addition of a letter; there is the addition of a letter, I, and the alteration of the word "you" for "will" (there's all) for Christ did not say I will destroy, but, destroy you, and yet the Scripture takes notice of it, that this addition of a letter, and alteration of a word, brought his accusers under a false testimony; though they spoke according to their intention, for they did verily believe he spoke of the temple, for they said, forty years was it in building. So that I beseech you be tender in matters of blood; I know you who are skillful in the law do know that the proof of treason must be as clear as the sun, Probationes opportent esse luce clariores. Now when a man shall come against a man's life, and cannot show any letter that ever he wrote, or that ever he did receive; but shall only swear it was to this effect or to this purpose, or I believe this was the substance of it, I hope you are so wise and conscientious, that you will pass no judgment upon this conjectural evidence. Another particular, to which only one witness testifies; and that is Adams, he swears that I should say, that if the Presbyterians were in arms, by the blessing of God, malignants might be prevented from getting the day. Truly, I do not know what crime is in these words, but as they may be wrested. But, Sir, I do remember that this Adams has often come to my house; he said, seven or eight times; he might have said, seven and twenty times: for he has come sometimes once or twice a week to my house, to tempt me (as I now perceive) and has offered me money: and would ask me whether I knew anything for a public use that might require money. And though I never suspected him, yet so free am I from maintaining correspondence, or from having intelligence, or contributing of money to maintain a war, that I never received one penny of him in my life, though I have been moved to it by him: but I remember, of late especially, about a quarter of a year before I was in prison, he would come once or twice a week to my house, and he pretended that he was wrought upon by me, and that I had turned him from his malignant principles; for he was very violent for Hamilton's invasion of England, which I was, and to this day am against; and I did labor to possess him what a mischievous design that was: and so he pretended to be turned to my principles, and upon this got some room in my affections; but these words were not above a fortnight before I was committed to prison: and I remember, the occasion of them was this; I was bewailing the great alienation and difference that there was between the Presbyterian and Independent party (though I do not love names of distinction) and indeed, thus I said, that if the godly party, that are now disunited and disjoined, both of the dissenting and the Presbyterian way, were in arms, there were no hopes that ever the Malignants should get the day. And God is my record, I spoke nothing to him but to this purpose. And thus through the good hand of God upon me, I have spoken to what I observe in reading the Depositions, wherein I find but single testimonies against me. I shall now crave leave (which is the main of my work) to run over the Depositions as briefly as I can; for I shall not trouble you with large speeches: but being the Depositions were large, and the Witnesses many, your Lordship and the Court (I hope) will bear with me with the more patience, if I speak more largely in it. It is [illegible] duty to speak for myself, and it is for my life. The first witness that [illegible] in Court against me, was Henry Potter. As to his testimony, there are many particulars which [illegible] was asked about me, to which he spoke but conjecturally; as he thought, and as he believed, and as he conceived. And when papers by Mr. Attorney General, of his examination were tendered to him, he answered, that then he had a latitude to speak more than he durst affirm upon oath. And upon this I shall humbly crave leave that I may make this motion to you, that you would not, in passing judgment upon me, hearken to any private examinations, which are extrajudicial to be brought in Court against me; for most of the witnesses had their private examinations shown to them in Court, and were read to them, and they did not speak in their relations of what they knew, but what they conceived; and when they could not tell what to say, then their examinations were produced to direct them; and I hope your Lordship and the Court will take notice of this. And herein I cannot but acknowledge the justice of this Court in this particular, that you would not receive private examinations till they came face to face, that I might answer to the crimes laid against me. But as to his testimony, I shall not run over things that touch me not, I must not flatter myself to pass over things that concern me. For I know it will be looked upon with more prying eyes than mine are. There are only two things in his testimony that concern me. He speaks not of any meetings at my house that he knows of; he speaks not of any money that ever I lent him or gave him, though there was a narrow and exact examination of him in those particulars. But two things concern me in his deposition: the one is, that he received a letter with a great L upon it, from one Colonel Bamfield, which was a narrative of the affairs of Scotland, which letter, with two more enclosed from my Lord of Argyle, Lowden, and Louthain, he said, he brought them to Mr. Love's; and herein I might take notice, that he forgot himself a little, for he might have said, that he brought them first to Mr. Jaquel's; for Jaquel did affirm in Court, that Potter brought the letters to him, and spoke to him to come to me. The substance of the letters from the Earl of Argyle and the rest, he says, were to move for ten thousand pounds; and (as I remember, Jaquel says, for five thousand pounds:) but Potter himself acquits me in this matter; for he does not swear the letter was to me, nor could he swear it justly; no, he swears, he did not think it was to me. And as for this Bamfield, he is a man whose face I never saw to this day. And he swears (and indeed, he had been injurious if he had not told you thus) that when he came into Mr. Love's house, he said, Mr. Love, I have news to show you. And unless things be aggravated against me by the insinuations of men, and by rigid inferences and collections, this will be the worst charged upon me, that there were several meetings at my house, and several letters read there; which I do not deny: but, Sir, he confesses, that he said, "Mr. Love, I have news to show you;" and that he opened some of the letters, and that some were not opened when he brought them: but neither he nor Jaquel swears, that I opened them. And he tells you, that he carried the letters away with him. And he swears further, that both myself, and all that were there present did manifest an utter dislike and detestation of those letters. But herein I know what will be laid to my charge. It will be said, why did not Mr. Love reveal them? Truly to this I do ingenuously say, that I did conceive, by reading of the Act that constitutes this Court, that these only were bound to reveal, that did receive them; and not that I was bound to reveal that which another man received. But herein I am better informed by my counsel, and they tell me, that presence with, or silence at what others do, makes it a criminal fact in me, if the matter of the letter be criminal and treasonable by your Acts; and therefore in this, that I did not discover them, I shall humbly beg your favor. The next thing in Potter's testimony that touches me, is, he swears that he heard of a proposition for raising of 400 pounds for Titus and Massey: but he varies from the others; Alford said, 200 or 300 pounds, and Far said, 250 or 300 pounds, and Potter says, 400 pounds. But he says he was not present when the proposition was made, and therefore he cannot speak as to that. But yet says he, I brought ten pounds to Mr. Love's house, and there left it (five or six persons more being in the room.) Mr. Attorney General was pleased to ask him whether he did not give me a twitch by the hand or cloak when he brought it? Potter, I remember, denies that he did so, and I do not remember that ever he did it, nor do I remember that ever he laid penny of money down in my house. And I tell it you in the presence of God, I never saw it, nor received it to this very day. But, Sir, if he had given me a twitch, which is intended as an aggravation against me, I hope a court will not proceed upon so silent a thing as that is. Though Solomon says, there is a teaching with the fingers, yet that is so silent a thing, that a court of judicature cannot take notice of it, unless it be manifest and apparent by some act. And therefore seeing he does not affirm that I saw the money laid down, or that I received the money, or directed or ordered him to come to my house with any money, I hope you will not lay that to my charge. And thus I have done as to that particular. There is only one thing more in order to the letters he was examined about. He was asked what answer was returned to those letters that he received from Bamfield, and the Earl of Argyle, and the rest, that he showed Mr. Love. To that he gave this account, that a letter was left at his shop, which he thought (he said) came from Mr. Love or Doctor Drake. Now, Sir, for my part, I declare in the presence of God, that I never in all my life, either wrote or sent, or left letter at his shop: and although, I am not to plead another man's cause, yet I believe, that godly minister he mentions, will clear himself also; but I must only speak to my own defense. For my part, I never in my life, sent letter to his shop, written to those persons: and he only swears, that he thought the letter left in his shop, came from me or Doctor Drake: but how could he know from whom it came, or what was the matter of it? And if it had come from either of us, which he did not affirm, yet he does not say he opened the letter, and so could not tell the contents of it, that it was an answer to the supposed letters he showed me. I have only one thing to observe in his whole testimony, and that is, that he confesses until he had a sight of other men's examinations in private; to wit, of Alford's and Adams', the things did not come to his remembrance, or words to that effect, he has in his depositions; and that there were some things, to which he could not speak exactly, till he first saw some informations; and that Master Attorney General did show him some informations, and that did bring things to his remembrance; and that before Captain Fisher, and Mr. Attorney did prompt him and remind him, he had forgotten. So that, Sir, I beseech you consider, whether this be a clear and good testimony in law, that when a man has forgotten a thing done so long ago, he shall through the examinations of others, have his memory rubbed up, and then shall come here in a public court, to testify this against a man's life. The next witness is Major Alford, he gives you a large relation about sending Titus to Jersey, and of a hundred pounds given him for his journey, and of letters to the Queen, and Jermine, and Percy. My Lord, I am as ignorant of all these things, as the child unborn, and did never know that Titus was gone or sent to Jersey, by any person, till a long time after I heard he was there, and till I heard of his name in the newspapers, that he was an agent for some Presbyterians; till then, God is my record, I knew nothing of that; and I need not speak to this, but because this was part of my charge, and brought in to the Court — many may imagine, as if I were guilty upon the whole matter; but that which concerns me, is this. He affirms that the Commission and Instructions were agreed upon, at my house, to send to some persons; to wit, my Lord Willoughby of Parham, Massey, Titus, and Alderman Bunce, to treat at Breda; and this to be in the behalf of the Presbyterian Party. Now, Sir, I shall humbly crave leave to offer, wherein this testimony is not only disagreeing with the testimony of others of the witnesses, but even to his own testimony also: for here he says, it was agreed upon at Master Love's house, and in three leaves after, he says, it is true, there was a commission and instructions read at Mr. Love's house; but whether they were agreed upon there or no, says he, I know not: I do not say, he has a bad conscience, but sure I am, he has a bad memory. He disagrees with the witnesses also; for Far did expressly affirm upon oath, that all the company was against sending them away; and therefore, for Alford to say it was agreed upon among us, in that I am sure he does not speak truly. Another thing which Alford lays to my charge, is about a letter, which after Dunbar fight should come from Massey, wherein he should write for money, and for arms, by the way of Holland; and he swears, this letter was read in my house, and says, that upon the reading of it, I did move for the contribution of money to be raised for the supply of Titus. Now before I answer to that, though I am not in a condition to retort, yet I shall humbly crave leave without offense to Mr. Attorney General, to entreat the Court to take notice of this one thing: Master Attorney General, when the witness had spoken these words, did pray your Lordship and the Court to observe, that Massey wrote for arms, and Mr. Love moved for money; as if he would insinuate to the Court, that he writing for arms, and I moving for money, that my moving for money was to buy arms: now Alford upon oath did declare, that every man there was against arms, and he only said, that the motion for money, was to supply the personal necessities of Massey and Titus, who were in want: so that I entreat you to consider it, that that insinuation of Mr. Attorney General, might not be aggravated against me, and that a bad inference might not be drawn from it, as if he writing for arms, and I moving for money, that that money should be to buy arms; which is contrary to Major Alford's oath. Again, another insinuation of Mr. Attorney General is this, he prayed your Lordship and the Court, to consider, that I moved for three hundred pounds. Now this is contrary to Alford's oath; for Alford has these words, Mr. Love did move for the contribution of money, but there was no sum spoken of. Now when he shall affirm, that there was only a motion for money, but no sum spoken of; shall this be laid to my charge, as if I moved for 300 pounds? Therefore I entreat you, that those insinuations and aggravations of Mr. Attorney General may not be laid upon me; and that you would take no notice of any private examinations, nor yet of any aggravations of those who are instruments of State; but upon the plain deposition of the witnesses, and according to their testimony and your consciences, I must stand or fall. Alford said further, that after he came from Titus, he gave an account of a narrative, and of a copy of a letter from the King of Scots; what he might bring, I know not; and if he did, I never desired him, either to go to Calais, or to come to my house: for I never spoke with him (as I remember) till after he came from Calais, nor till the time, he says, the letter and narrative was read in my house: now, Sir, he only says it was a copy of a letter (not the original). That Titus (says he) did show me a copy of a letter, at least, which he said was from the King to the Presbyterian Party. So that this which is the foundation of the rest of the testimony, is only this, that the copy of the letter was read at my house, and that it was a copy of the King's letter: this he affirms only, upon hearsay, for he says, Titus told him so; but who can swear, either that Titus had the original letter, or that this was a true copy; no, might it not be a fictitious thing, either of Titus or of this man, as may well be suspected: so that they that receive letters, if that be treason, and those that write letters, and send money, if they be traitors; yet they have proved none of these against me, and yet I only am arraigned, and they in hope of favor. Again, I desire the Court to take notice, though Captain Far says there was this clause in the copy of the letter from the King, to send Commissioners to Breda; (and yet he overthrew his oath afterwards: for says he, it is so long ago, that I cannot remember it; but I shall speak to that when I come to it:) yet Alford that brought this letter, affirms, that he did not know it was to desire Commissioners to be sent; and if it had been so, I should never have done it, and never did it: at that time I was in my study, I do not deny it, but when Drake read the Commission, I did declare my dislike of it, and detestation against it; and so did (as Far affirmed) either most or all the company: and if any such thing were sent, God is my record, I did neither know of the writing of it (other than in characters) nor of the contriving of it, nor yet of the sending it away, till I heard Alford confess in the Court, that he carried this Commission to Gravesend to one Mason, a man whose name I never heard of, before I was in trouble: and if I had written and consented to it, yet it was in the year 1649, as Major Huntington swore; and therefore was before the time that your Act could take hold of me, if I had concurred to it, which I never did. Again he insists upon it, that I moved for a contribution. Now herein, I beseech your Lordship, that I may offer these two things. First, this is but the single testimony of one man, and by the law of God, and of the land, a man must not die, but under the testimony of two or three witnesses, in the Old Testament, Deuteronomy 9 and 15: One witness shall not rise up against a man for any iniquity, or for any sin in any sin that he sins: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established. And lest this might be thought to be a judicial law, pertaining only to the Jewish State; it is therefore quoted four times in the New Testament; by Christ, in Matthew 18; by Paul, in 2 Corinthians 13; and in two other places; as noting it to be a law of moral equity, that no man's life should be taken away, but by express and clear testimony of two sufficient witnesses. Now in this that may seem most to bear upon me, that I should move for money, there is but one witness; and it is, as I am informed, contrary to the laws of the land, and the statute of the first of Edward the sixth, which provides, that no man shall be indicted, arraigned, and convicted for treason, but by two lawful and sufficient witnesses; and therefore I beseech your Lordship, and the Court, that you would be tender in those things, wherein you find but one witness speaking. The other thing which I shall say to this point, about moving for money, is, that I humbly conceive the Act does forbid relieving persons in arms: but now no person can be relieved by a bare motion; it is not the motion, but the having the money moved for, before the person in arms can be said to be relieved; and if it were true, yet it is not proved, that those persons were then in arms: the other Act of the second of August, I conceive, gives me relief if I had moved for money; for it judges those only to be guilty of treason, that shall either send or cause to be sent, money, horse, arms, and ammunition into Scotland. Now, Sir, if I had in a meeting moved for money, yet he tells you not for how much I moved for, for aught he knows it might be but for sixpence, for he cannot swear to it; and I hope, when the sum is not spoken of, you will be very tender. Yet this comes not under your Act, either to be a sending of money into Scotland, or a causing of it to be sent, which is not in the least fastened upon me: when I asked him (though he swore I moved for money) whether I contributed any money myself, to that he answered, he could not say I did; nor could any of the eight witnesses that came in against me. And thus I have done as to his testimony. The third witness is Major Huntington, and he affirms, that in the year 1649, one asked him to go to my house, and told him there was some there at prayer, and that he might there hear some news; and that he spoke upon hearsay: but then he spoke upon oath, and when I came there, prayer was done. Now for a man to be so positive in the first entrance of his testimony, as to say prayer was done, when he could not know that there was any prayer there at all (for when he came, it seems there was no prayer, and how then could he know there was any prayer there at that time?) this at the very first entrance of his evidence, I suppose might be a just ground to suspect his whole testimony; but as for the man, I knew him not, I never saw him, as I said, before that time, nor since, till I saw him here in Court. This man affirms, that William Drake read in characters, that which he called a commission, and said, that he had command from the King, to send this commission away, which God is my record, I never heard, nor ever knew of it; and Alford that brought over the letter, in which Far swore those words were, he himself denies it. But that which concerns me in Huntington's testimony, is this, he affirms, that when the commission was read by Drake, I should say, Come, come, let it go. Now, Sir, I asked him this question, Let it go, what does that refer to? Says Huntington, Let the papers go. Now truly, I am not so bad a grammarian, as to speak of papers, let it go, and not to say, let them go. And if I had spoken of papers, as he says I did, I must either be guilty of nonsense, or else he of falsehood, I believe he of both. But as for those words, Come, come, let it go; he does not affirm, that I said, Come, let it go away, but let it go, and that may be a word of dislike: and if I did say so, yet it was not of the Commission, God is my record, for he came not till nine of the clock at night, as himself says; and before he came, I had declared myself against sending away the Commission and Instructions, as being an act of too high a nature for private men, and of notorious falsehood, to say it was in the name of the Presbyterian Party, when it was not: and the other men that were here in Court upon oath, and that were then present, as Adams and Alford, did confess upon examination, that they heard no such words from me. The next testimony is Master Adams, and he relates a story of a correspondence between William Drake, and one Mason, and being asked, Was Master Love privy to this correspondence? He did so far clear me, that he could not say it, nor was I privy to it. Being asked again, Was Master Love privy to these letters of sending moderate propositions to the King? That he likewise clears me in, he cannot say it. And I can say, that I am so far from moderation in their sense, that moderation in their sense I deem downright malignancy, which I was, and still am utterly against. He was asked likewise, did Master Love know of collecting a hundred pounds for Titus? To that he answered, that he durst not upon oath say that Mr. Love was privy to this collection, and he does not say that it was agreed in my house, to send away the commission, but says, it was moved in my house: for says he, I cannot say it was agreed upon, for there was no vote passed. These were his words, and he contradicts Alford and Far in three places of his testimony. He overthrows Alford's deposition. He affirms, that the copy of the letter from the King, was to show what great affection he bore to the ministry of England, and promised great favor when he was in a condition to do it, and desired them to stand steadfast in the way they were in: and he says, he dares not swear that this letter was read in my house, but he thinks it was. Now as to this letter likewise, I desire the same favor from you, that when the letter does not appear, neither the original, nor the individual copy, that you would be tender of passing any judgment upon me, upon the vain rovings of a man's memory; and of a man's memory too, that is engaged to prosecute my life, to save his own, as most of the witnesses that came in against me are. He says, there was a motion made in my house, that a commission and instructions should be drawn up to send to my Lord Willoughby of Parham, and the rest in Holland, but says he, by whom I cannot say; and says he, there was no debate, as I remember, to amend the instructions; though the Attorney General did lay it upon me, as if I had corrected and amended them, when I did neither read them, no nor so much as touch them in my life. The substance of the commission he tells you was to authorize the Lord Willoughby of Parham, Massey, Graves and others, to assist their brethren of the Scottish Nation in their treaty: now to this there is a manifest contradiction in another man's testimony. For Captain Far swears, that the commission he speaks of was not to treat, but only as private persons to advise that the King might agree with the Scots, upon the interest of religion and the terms of the Covenant, that he might not be drawn away by the high-flown Cavaliers, and Malignants, so that Far overthrows this testimony of Adams: Adams says it was to treat, and Far says, it was not to treat but to advise: but be it the one, or be it the other, I detest both, I had no hand in, and gave no assent to it, but manifested my dissent to the whole. He being likewise asked (for I am still upon Adams' testimony) whether at a meeting it was not propounded at my house to write to the Queen, and to Jermin, and Percy, to mediate with the King to agree with the Scots. To this he answered no, and truly he might very well answer so, for I am sure I did never in all my life hear of a motion so much as of a letter to be written to any of these three persons, to the Queen, Percy or Jermin; and should have loathed and abhorred the very thought of it; and should think that cause the worse, wherein these persons were engaged; being asked whether there was not a letter from Percy, that wrote for money to be sent to the King, and whether the answer given was, that they should stay till the King and Scots were agreed, and then to send money: Adams in this did me this right, he confessed, he saw such a letter written, but (says he) I only saw it in the hands of one Mason, a man who for my part, I never knew, nor heard of till I was in trouble: and being asked whether this letter from Piercy, was read in Master Love's house, he said, certainly no. Being again asked whether about August there was not a letter written from Massey, wherein he said he had ill friends in Scotland, and complained that he was not promoted there, and whether that letter was communicated at Master Love's house; in this also he did me right, for he answered, no certainly, that letter was not, to the best of my remembrance, read there; I heard of such a letter, but saw it not. Then being asked whether one Sterks was not a Scottish agent, and whether he did not use to come to my house? To which he gives this answer: we took him to be a Scottish agent, and he met sometimes at Master Love's house: now, Sir, as to that, he supposes that he was an agent, but does not swear that he was so, much less that I knew him to be so. No, I can swear upon the best information I have had both from his own mouth, and the mouths of others, that he was no agent, for he lived in England fourteen years, and had not been in Scotland in fourteen years. And I heard himself say so, when he went away upon the Act; and I asked him, are you employed by the Church or State of Scotland? And he told me no, he was not: it is in your breasts whether you will believe me or no: and likewise Mr. Blare when he was here in London, did affirm to me, that he was a poor honest man, and that he was no way employed as an instrument of State. I know nothing of the man's agency, be he agent or not, I never sent letter or message by him, nor received any from him in all my life; but I see it is laid heavy upon me in my charge, that I contributed money to him: but no man in his depositions did prove that I ever gave him a penny. Adams being asked, whether Master Love did not write down the sums of money that was to be contributed to Massey; in this he does me right also, for he says, Master Love had paper in his hand, but I did not see what he wrote, and therefore to that I need not answer; being further asked, did not Master Love put the first letter of their names before the sums which others wrote, he answered, he could not say so. Being asked further, was there not a letter penned by Master Love and Doctor Drake, this answer he gives, there was a letter, but (says he) I cannot deliver it upon my oath that it was penned by them, but I thought it was so. He could not tell to whom this letter was directed, but said, it was declared to be directed to the General Assembly of Scotland: now as I observed in the beginning, this is only the single testimony of one man, and indeed it was the first question (as I remember) that was asked me, that was of moment, when I was examined by the Committee, whether I did not pen this letter? I did declare to them in the presence of God, that I neither penned that nor any other to any person of the Scottish nation since the wars began, and this I declare in the presence of the same God, still to be a truth. Being asked further, was Master Love present at sometime of this meeting? He answered, I was, and the reason why he thought that we might pen it, was because of the language of it. Mr. Attorney General upon this (I remember) uses this expression, my Lord, this is very high, after we were engaged in blood, that a letter should be sent. But to this I say, there is only a single testimony, that such a letter was written, and whether it was sent or no, he does not prove, nor does he prove that I wrote it; and I declare to you, that I never wrote it: as touching this letter, which Mr. Attorney General is pleased to insist upon so much, Adams, being asked whether it was agreed upon that this letter should be sent? He gave this answer, it was after the same manner that other things were agreed upon: but there was no vote passed, and therefore he cannot prove my particular and express assent to the sending of the letter, or any other letter whatever; and here to take off the jealousy of a correspondence; which in the close, through the grace of God I shall clear to you; but to take it off now a little before I come to it: if there had been a correspondence maintained, would it have been imaginable, that from the time of the fight at Dunbar, which I think is ten months since, to this time, that there should be no letter that any man can say, nor that I did certainly know of, that either was written or conveyed, or debated upon to be written, from that time to this very day, to any of the Scottish nation; and yet all this tends to aggravate matters against me, and all the burden is laid upon my weak shoulders. Other men that have heavy loads, have laid them upon my back to lighten them from off themselves. Touching this letter, he says, this was the substance of it, or it was to this effect, or purpose; and again I insist upon it to beseech your Lordship and the Court, to take heed what you do. It concerns you more than me, it concerns my life only; but it concerns your honors, and lives, and souls and all, that upon an uncertain evidence you do not spill a man's blood. The man never read the letter, only he heard it read; and then he brings in to that and other letters, this is the sum of it, or it was to this effect. And though this man has done me injury in some particulars, yet in others he has done me right. For being asked, did Master Love write letters, or receive any, or amend those instructions, he only swears, he saw the letters, but cannot say I did read them; being asked whether I did give my consent to the sending away of that letter after Dunbar fight, which is so much insisted upon, and so greatly aggravated, he did thus far right me; he said, I will not swear he did give his consent; being asked whether I was a correspondent, he said, he took me to be a correspondent, and upon these words I had leave to ask him this question: whether he knew I was a correspondent? To this he said, that letters were heard by me, but said he, I cannot swear that he was a correspondent, I did conceive Master Love to be a correspondent, but I did not say so, and I dare not swear that he was a correspondent. So that herein likewise there is nothing but his humble conceivings and his suppositions, according to which I hope you will not pass any censure upon me; and thus I have done with Adams' testimony. The fifth testimony is that of Jaquel, which I do here again in Court except against, as no legal witness, for he did declare he could not in conscience take an oath against me. He did well nigh half an hour declare he could not swear, but that he would make a narrative or relation of what was true. I did entreat your Lordship's leave to put it to him whether he was under an oath or no, and he said twice at least, I am as good as under an oath: if any person good or bad come under an oath, I must stand or fall by his testimony, and according to God's ordinance, an oath is to decide all controversies: but the man declared, he was not under an oath; and went out of the Court, and was fined five hundred pounds; and when afterwards he was called into the Court again, he did only put his hand upon his buttons on his breast: so that this was not any taking of an oath; but fearing his fine, he did it, though with much seeming regret of conscience; and I am informed this day, that he denies, that he was under an oath: and if so, then I have nothing to say to his testimony, and so shall not speak to it, but only as to a bare relation, and naked information. There is nothing that does concern me in his testimony, but only a concurrence with Potter; Potter and he coming to my house, with some letters (as he says) one from Bamfield, another from Argyle, Louden, and Louthian, and Belcarris; and another from one Master Batly, if I remember right. Now, Sir, as to these letters, I do not deny, but that they brought them to my house; no, I do acknowledge those two men did bring those letters to my house, at least, which they said were such; but whether they were the originals, or copies, I know not; for I never read nor kept the letters, but they carried away the letters with them; and Captain Potter said, Mr. Love, I have news to show you, at that very time when Mr. Jaquel and he came to show them at my house. This witness — I cannot call him so, but this informer — says, that being asked what was done upon the hearing of those letters, he said, Potter read the letters; but that there was no agreement upon it, but an utter dislike in all that heard them, about the contents of them: and he has these words further, it was, says he, a trouble, I am confident, to them that heard and read the matter of those letters; but being asked, did Master Love agree to the giving of forty pounds to Bamfield, and his man? To that question he answers thus; he said, there was no agreement, but it was thought convenient by all. Upon this, I craved leave of your Lordship to ask him this question, how he knew my thoughts, that I thought it convenient; to which, he gave this answer, I cannot say anything, that Master Love did say, it was convenient. So that therein, though he might presume upon a man's thoughts to know them, yet he must only judge my thoughts by my words, as the tongue and heart agrees; for he is not a god: but he does not say, that I said it was convenient; nor did either of them prove that ever I gave a penny, either to Bamfield or his man. The last witness that came in against me, is Captain Far; and indeed, I do not know what to make of his testimony, I will not call it a prompting, that will be thought too bad a word; but certainly it was such a testimony, that I never heard produced in any court in my life. For Master Attorney General, and some others here, did ask him ninety-eight questions; so that the man spoke nothing deliberately, but spoke by reading out of his private examinations, which is extrajudicial to be brought in court where the witnesses are to speak viva voce. There was, I say, so many questions (besides those I had leave to ask him) propounded to him, during the time he was upon his oath; and the man was of a dull spirit, and slow of speech, and I did perceive him to be so possessed with fear, that he knew not what he said; for he has manifest contradictions in his testimony, which I believe all the Court will see, and therein concur with me, when they come to hear them. The first word I heard him say in Court, was this, to desire the benefit of his papers; it seems he did suspect the badness of his memory, that he must have his papers to help him (and papers written by another) before he would be deposed in Court against me for my life. Being asked, whether upon the ending of the treaty at Jersey, there was not a letter came from Titus, to desire some body to come to Calais? And whether that letter was read at any house? And whether at my house Alford was desired to go? He affirms, he was (which none else did) and which is a most notorious falsehood. I have no rancor in my heart against him, the Lord knows I have prayed for all those that persecute me; and my heart cleaves to them in love and pity: I do not tax the badness of his conscience, I think he dares not be so vile, but I do tax his memory in things done so long ago: and afterwards he says, he could not remember aught (though he did pretend to remember) because they were done so long ago: yet before he did affirm them. Now to demonstrate this that he says in this clause to be false, that Alford was desired in my house to go, Alford himself says he was never at my house, till he came from Calais, which is certainly true; and therefore Alford could not at my house be desired to go to Calais; when there was an account given of Alford's return from Calais, then I know he was there, though I never spoke with him before that time, as I remember; nor was he ever within my doors till after his return: but says Far, I cannot say Master Love was present, while Alford's return was there read, for sometimes he was absent. Then further being asked what was the substance of that copy of the letter from the King that Alford brought from Titus? He answered, that the sum of it was this, that the King of Scots did declare he would give satisfaction to the Scots; and in order to it he desired Commissioners to be sent over to Breda; these are the words of his testimony. Now, Sir, this is but the single testimony of one man, and it is contrary to the testimony of that very man that brought over this letter: and if any man knew the substance of the copy of the letter pretended to be from the King, it must be Alford that brought it over. Certainly, none could know it better than he, and therefore for this man to be so strangely beside himself, and to forget himself, so as to say, this is the sum of the letter, when he that brought it says the contrary, and did not know that this was the sum of it: this may seem strange, and I hope you will judge of the weakness of this testimony. Being asked whether he did not conceive this to be the copy of the King's letter? He did me right in that, for he said, he could not tell whether it was the copy; but that Alford told him, he brought over a copy of the King's letter. And Mr. Attorney General was pleased to aggravate this of Captain Far against me: says he, the King sent over for commissioners to treat, and accordingly at Mr. Love's house it was agreed upon that commissioners should be sent, and there were persons named. To this I say, that, God is my record, I never in all my life heard (as I remember) of any letter from the King to that end, that Commissioners should be sent over. And Far does me right herein; for in answer to that question, was your commissioners agreed upon? He three times answers negatively. I do not perceive that he remembers himself so well in all his testimony, as in that particular. Being asked whether the Commission was agreed upon, he said it was not agreed upon by the company; and herein he did me more right than any man, for he gave my reason; for (says he) the reason given was, because private persons could not give a commission. And though he has done me more wrong than any man, yet herein he has done me more right than any man. Being further asked, was it not debated to send a commission over? Drake, he said, read a paper in the nature of a commission; but it was not agreed upon by the company, because private persons could do no such thing. And a third time he says, the commission and instructions were read in a company at Mr. Love's house; (that he affirms, and that I do not deny) but not agreed upon. And further he said, he did conceive, to the best of his remembrance, it was in the name of the Presbyterian party of England; but (says he) I cannot positively say it was so, for I did but only hear it read. Then your Lordship asked him this question, did you say, that the Commission was not agreed upon, but that the Instructions were? To this Captain Far said, that William Drake undertook to draw up the Commission and Instructions; but yet, says he, I cannot say, that they were either drawn up or sent. Again, he says further (and herein he does me more right than Adams or Alford does) Adams, he says it was not agreed upon; yet he says thus, there was a commission read for to treat, and so says Alford; but this man says directly, that this supposed commission was not to treat in the behalf of the Presbyterian party. And it had been a folly for private men to assume such a vain title to themselves: so that he says directly, upon your Lordship's question to him, that it was not to treat, but to advise the Scottish commissioners, and the ministers especially, to agree with the King upon the interest of religion and terms of the Covenant: but being asked, was it not in the behalf of the Presbyterian party. He answered no, my Lord. And being further asked: was there not an agreement at Mr. Love's house for a letter to be sent to the Queen? Herein also this man does me right: he said no, my Lord; and yet he contradicts himself likewise, for being asked in the next question, what was the substance of that letter to the Queen? He answered the substance of the letter to the Queen was, that she should persuade the King to give satisfaction to the Scots in their just demands: now either he must hear of this letter somewhere else, or else frame a fiction to himself, that this was the matter of the letter, when there was no such letter in reality. The next thing he charges me with is, that I should say it was agreed that money should be raised for Massey and Titus? And he names the sum, he thinks 250 or 300 pounds. And that I thereupon should particularly move him with this question, Captain Far, what will you do? Now I beseech your Lordship and the Court to consider, that he does not swear that I said, we were agreed; but it was agreed; and that might be the act of other men, and not mine: and in another place, he said they agreed; but he does not say, that I said, we agreed; to include myself; but to that, that I should move him and say, Captain Far, what will you do? Truly this is but a general question, and he himself did me thus far right; when I had leave from the Court to propound this question to him, Captain Far, did I move you, or say to you, what money will you give for Massey or Titus? He answered, he did conceive it was for that use; so that he proves not against me, that I moved for money for Massey or Titus; but only that I should say, Captain Far, what will you do? And if you observe the words of the testimony, they are these exactly. He tells you that he brought five pounds; for there is all that ever I am charged with: I am not charged with lending a penny, but only that fifteen pounds was brought to my house; ten pounds by Potter, and five pounds by this man: and he affirms that he left this five pounds at my house; and herein I perceive a contradiction in the man, and therefore it is hard to determine when he speaks true, or when he speaks false: these are his very words; Mr. Love (says he) asked me what I would do? And I did lay down five pounds upon Mr. Love's table when several persons were in the room. And being asked, did Mr. Love receive this money? He said he could not tell; but was loath to tell, who he thought received it; but in his last word save one that he spoke in Court (which made much for my advantage) he said, he thought I did not receive it; and God is my record, I did not: but he said, another man did, and named Captain Massey. But the contradiction I observe is this; he tells you, he laid down five pounds when several persons were in the room: and in the next question but one, being asked, was Mr. Love in the room? Yes, my Lord, says he; but I cannot say anybody else was there. So that therein the man evidently contradicts himself: and it appears he was under a very great fear, and even confounded by the many questions propounded to him. I asked him further, did I bid you lay it down? Says he, I cannot say that you bid me lay down the money. Being asked, was this way of laying down of money to prevent discovery? He said, he did it under that notion: but being asked by me, did I bid you lay it down under that notion? He answered, he would not say I did. So that I neither directly nor indirectly did bid him bring money to my house, or lay it down when it was brought there; but other persons were in the room, and he conceives what person took it away: therefore I beseech you make a candid and fair interpretation of what I have said or done. Being asked about the copy of the King's letter, that Alford says he brought over from Titus, whether I was in the room while it was read? He said, I cannot say that he was there when it was read: but he was there during some part of the communication; but says he, I cannot say he was there at the reading of the letter, nor can I say he was present while the narrative was read. He observed I was often called away, and was absent; and says he, I cannot say there was any such thing done by Mr. Love. And I asked him this question, did I send, or agree to send Major Alford to Calais? He answers, he thinks I did not; and herein he falsifies his former testimony; for he said Major Alford was desired in my house to go to Calais: and yet Alford swore he never was in my house till after he came from there. But herein he does me right too (though with contradiction to himself.) He said, it was agreed at my house that Alford should go; and yet now he says he thinks I did not agree to the sending of Alford. Being asked further, whether did I give consent to the sending away the Commission? He answered, I cannot say Mr. Love was there when it was sent away. And truly I may say, who brought it away, or who drew it up, and what was done in it, I cannot tell; there might be a thousand treasons in it for aught I know; for I did neither own the reading of it, nor the sending of it; but did utterly protest against both. Being again asked, whether I agreed to the sending of it away? He answered, it was agreed upon by all, that we could not send the Commission away. When I asked him, did I say to you, Captain Far, will you contribute five pounds for Massey and Titus? He gave this answer; (says he) you asked me what I would do? So that I conceived it was for Massey and Titus: and he affirms, he laid this five pounds down in my house; but did not say that I received it; and in the presence of God I speak it, I never saw it nor received it in all my life. And thus with much acknowledgment, and blessing God, and thanking your Lordship and the Court, you have given me leave to take a brief survey through the depositions of the witnesses, though they have been very large, and the charge against me very high. Now having spoken to the depositions (before I shall crave leave to speak something concerning myself, and make humble proposals to this Court) I shall add but one word, and it is this: I was loath, before I saw witnesses face to face, to confess anything: I deemed it against nature for any to confess against himself, unless he could be sure his confession should not prejudice him; and I might have been guilty of my own blood, if I had confessed: for then, did the matter confessed amount to treason by your law, my life would be at your mercy, and you might hang me upon my own confession: and upon that ground I went resolved to the Committee, and through the grace of God I resolved not there confess a word nor tittle, till I heard what proof was brought in against me. And now I do ingenuously acknowledge that there were several meetings at my house, that these persons met there, and that this Commission was read there: but I did utterly dislike it, and dissent from it. And that I was present at the reading of letters, either at the beginning, or end, or some part of them, I do acknowledge: and this I say, that I was ignorant of the danger that now I see I am in. The Act of the second of August 1650, does make it treason to hold any correspondence, or to send letters, though but in a way of commerce, into Scotland; let the matter of them be what it will be: now herein my counsel acquaints me with my danger, that I being sometimes present when letters were read in my house, am guilty of a concealment: and as to that I do humbly lay myself at your feet and mercy. But as to treason, I do not know any personal act of mine proved against me, that brings me under any act of yours. And thus having briefly spoken concerning the charge in general, and concerning my accusers, and having briefly surveyed their testimony, I shall humbly crave leave to speak something concerning myself, and I shall be very brief in it. Concerning myself, it is needful I should speak a word: I would not stand under misrepresentations, to seem to be what I am not. I am presented to some, as if I were a malignant, an apostate from my first principles, a mover of sedition; and what not but what I am? Therefore I am constrained to speak a word in my own vindication; and I shall make the Apostle's apology, I am become a fool in glorying: but you have compelled me. I count it never lawful for a man's own mouth to praise him, till another man's mouth accuses him; and then he may without vanity be his own vindicator. What I shall say of myself, the Lord knows it is not voluntarily, out of an affected ostentation, but by compulsion, for a necessary and clear manifestation of my principles and practices now suspected. As touching malignancy, I hate both name and thing: and, as Cardinal Farnesus said of himself profanely, that if he knew any part of him infected with Lutheranism, he would cut it off, and cast it into the fire: that I can say truly, that if I knew any part of me infected with malignancy, I would cut it off with the pruning hook of mortification, and by an ingenuous retractation before you all this day. God is my witness, I never drove a malignant design, I never carried on a malignant interest, I detest both; I still retain my old covenanting principles, from which through the grace of God I will never depart for any terror or persuasion whatever. When I look upon all the vows, and covenants, and declarations, and protestations of both Houses of Parliament, I do find a suitableness between my judgment and them, and am not conscious to myself of anything that I have done in opposition or contradiction to it: and therefore I may say as Jeremy did when he was accused in the like case, of making defection to a contrary party (Jeremiah 37:13-14): Irijah said to Jeremiah, you fall away to the Chaldeans: then said Jeremiah, it is false, I fall not away to the Chaldeans. So, if it be charged upon me, that I am fallen from my first principles, or that I am fallen to malignancy; I say to any that shall so accuse me, it is false, I fall not away to malignancy, I do retain as great a keenness, and shall while I live, and as strong an opposition against a malignant interest, whether in Scotland, or in England, or in any part of the world, against the Nation where I live, and have to this day, as ever I did in former times. I am no incendiary or evil instrument, to divide the nations one from another. God knows, the grief of my heart has been for the divisions, and the desire of my soul has been for the union of both the nations: and if I had as many lives as I have hairs on my head, or as much blood in my veins as there is water in the sea, I could count it all well spent to quench the burning that our sins have kindled between the two nations. I have all along engaged my estate and life in the Parliament's quarrel against the forces raised by the King: my appearing in their cause was not from any aim at profit, but out of a persuasion of conscience, and sense of duty. I may speak it as Paul does of himself, I was in labors more than they all. I speak it without vanity, I was, according to my obscure station and mean condition, in doing and giving in the Parliament's quarrel, more than many. Many gave out of their abundance, but I out of my want: and as Christ spoke to the widow who gave two mites, that she gave more than they all; for she gave all that she had, even all her living: so did I; though I gave my mite, yet I gave my all: and I did not only deem it my duty to preach for the lawfulness of a defensive war, but, unless my books and wearing apparel, I contributed all that I had in the world; and that was no small sum, considering the meanness of my condition. And I have at this day a great sum due to me from the State, which is still kept from me, and now my life endeavored to be taken from me. And yet for all this, I repent not of what I have done; though I could from my soul wish, that the ends of that just war had been better accomplished: then should we have been happy and united among ourselves, and honored among the nations round about us. I am so far (I say) from repenting of what I have done, both by doing and contributing, and suffering in the Parliament's quarrel, that were it to do again upon the same unquestionable authority for the same declared ends, and against the same malignant persons, I should manifest as much readiness of mind to engage according to my measure, as ever I did. And thus I have declared myself touching my principles, in these particulars; I shall now crave leave to express myself a little touching my sufferings; and then to make but a few humble proposals, and so cast my life into God's hands and yours. Touching my sufferings; I may say, that my whole life has been a time of affliction, either of body or mind, God sees my heart to be a tough and knotty piece, that it needs so many blows to break it; I may say with the Psalmist, I have been afflicted from my youth up, and from my youth up I have met with opposition. From the Prelates, being persecuted by them, merely for conscience sake; it is near twenty years since I was cited to the Bishops' Courts; I have been often troubled for hearing of sermons, and discharging other exercises of religion, which were an offense in those days: when I was a scholar in Oxford and Master of Arts (I do not speak it out of vain ostentation, but merely to represent to you, that what I was, I am, and what I am, I was) I was the first scholar that I know of, or ever heard of in Oxford, who did publicly refuse in the Congregation House to subscribe to those impositions, or canons imposed by the Archbishop touching the Prelates and Common Prayer. And for which, though they would not deny me my degree, yet I was expelled the Congregation House, never to sit as a member among them. When I came first to London, which is about twelve years since, I was opposed by the Bishop of London; and though I was called as a Lecturer to Ann Aldersgate, yet it was near three years before I could fasten upon any lecture. After this, about the year 1640, or 1641, I was imprisoned in Newcastle, merely for expressing myself against the errors of the Service-Book, and was removed from prison there, by a Habeas Corpus, to this place; and in this Court of King's Bench, I was acquitted. After this, about the beginning of the wars between the late King and the Parliament, I was the first minister that I know of in England, who was accused for preaching of treason and rebellion, merely for maintaining in a sermon in Kent at Tenterden, the lawfulness of a defensive war, at the first breaking out and irruption of our troubles; but was then publicly acquitted in a court there, and recovered costs and damages of my accuser. After this I had a little breathing time, while the two Houses of Parliament were in power; only I was once complained against by the King's Commissioners at Uxbridge for preaching a sermon there; I did not know that I should preach there till the psalm was sung, and did only preach a sermon which I had preached the day before at Windsor Castle; I was, I say, complained of by the King's Commissioners to the House, for that sermon; but within three weeks I was acquitted and discharged, by order of the House of Commons. That sermon is much spoken of because it is so little seen, it is so obscure a piece, and many imagine, as if the keenness of my affection was blunted from what it was in that sermon: but I declare to you, that I come up to this day to every tittle of that sermon: I hear it is lately printed, and if it be printed according to the first copy, I will own every line of it, as that to which my heart and judgment concurs to this very day. After all this, since the late change of government, I have been three times in trouble; I was once committed to custody by, and twice cited before the Committee of Plundered Ministers, but there was no sufficient proof against me, and so I was discharged. But now last of all, this great and last trial and trouble is come upon me: I have been kept several weeks in close prison, and now I am arraigned for my life; herein is my great comfort, even that which was the Apostle's, God that has delivered me, he does deliver me, in whom I trust that he will yet deliver me. And that that shall be made good to me; he shall deliver you in six troubles, indeed in seven there shall no evil touch you. As Cato, he was accused thirty-two times by the unkind State whom he faithfully served, and yet after thirty-two times accusation, his innocency and uprightness brought him off. Why should not I be confident in my God, who have had a lifetime of experience of his care and love towards me. It is not the danger of my life troubles me; I am a sickly man, and I know a disease will ere long kill me, whatever you do with me; but this grieves me more; that I should suffer from their hands for whom I have done and suffered so much in my obscure station, and according to my weak measure; had it been an enemy had dealt thus by me, and made such an eager prosecution of me, and such high aggravations of that which in the simplicity of my heart I have done, it had not been so much, and as I told the Committee when I was examined by them (who charged me with Jesuitism and disingenuousness, because I would not confess against myself and others) that though I honored them as private gentlemen, and should acquaint them with what myself had done, when it should not be a snare to me; but when they shall apprehend me by a warrant for treason, and examine me in order to a trial for my life, in no court in the world, will I confess a word, till I first hear what will come in against me. Now as I told them then, I never wrote letter, nor received letter; nor sent, or lent money to any person of the Scottish nation. Now that I should meet with this hard measure; to have the most rigid and severe interpretation put upon all my actions, to be looked upon with so jealous (I might say with a worse) eye, that have in my measure ventured my all, in the same quarrel that you were engaged in, and lifted up my hands in the same Covenant, that have took sweet counsel together, and walked in fellowship one with another; that from these I should have such hard measure, this, this troubles me greatly; had I been so dealt with at the Junto at Oxford, I should not have been so troubled at it; but to be dealt so with at Westminster, this is that at which I stand amazed: yet blessed be God, I am not afraid; my conscience does not tell me of any personal act of mine proved against me that brings me under any of your laws as to treason. And thus having expressed myself, concerning my charge, and the witnesses, and myself, I shall now in the close of all say (whatever tortured collections, or inferences, are drawn from my practices, and however lawyers may aggravate those things that in part have been proved against me; yet I do declare in the presence of God, that whatever I have done, in the simplicity and integrity of my heart, I have done it; and did deem it to be consonant and agreeable, both to my conscience, and to the protestations, and Covenant I have taken: and I have done nothing out of animosity or from a spirit of revenge; and thus I have done concerning myself. I have only a few humble proposals to make to your Lordship, and the Court, and then I shall leave all to God's determination and yours. To you that are my judges, I humbly crave this of you, and I do it upon your Lordship's words, the first day of my appearance here. When you were pleased to deny me counsel, you said you would be counsel for me; and I beseech you be so, for you are judges both of matter of law, and matter of fact. I may make use of that passage, Proverbs 31:8: Solomon says there, that rulers must open their mouths for the dumb, in the cause of all such as are appointed for destruction. Truly, my Lord, I am as a dumb man before you; dumb in matters of law, I cannot plead one word for myself: I beseech you be as Solomon's rulers were, and open your mouths for him that is appointed to destruction; you who are my judges, be my advocates, my life lies in your hands. And then I beseech you let me make this humble motion to you, that you would not count anything that I have done to be out of animosity, or stoutness of spirit; truly, nothing but conscience could carry me through all my sufferings; I could not leave such dear relations that God has given me, and such a loving people, and comfortable livelihood, as any minister has within the walls of London: nothing but conviction of conscience, can carry me another way: and till conscience be fully satisfied, I cannot stir one step. The next thing I beg is to beseech your Lordship and the Court, to put a candid and fair interpretation upon all that I have done, or that by witness you have heard; that it was no malignant design, though I do not own the management of any design: I never wrote letter, nor sent letter to any of the Scottish nation; yet thus far I own the thing, that it was agreeable to my judgment and conscience: for I thought the interest of God, and religion, and the good of the nation would be more advanced, if the King went into Scotland upon Covenant terms, than if he should fall into the hands of the Irish rebels; or offer this nation to the Turk, or Spaniard, or any other to come in and make a prey of it. I did judge it would be a foundation laid of great troubles and blood, if he were not received by that nation. And though I did not, and do not in the least own either the Commission or Instructions, or the way of management of that business, yet I confess the agreement between the King and Scots I desired, and deemed it my duty upon this ground, one clause of the Covenant being, to seek the union and good of both nations; and those who endeavor the contrary are declared by the Covenant to be incendiaries, malignants, and evil instruments, who not only divide the kingdoms one from another, but divide the King from his people. Now they declaring him to be their King, according to my apprehension I thought it agreeable to my Covenant, to pray and desire, as a private man, and no more, for an agreement between the King and them, upon those terms consistent with the safety of religion, and the terms of the Covenant. And thus I have opened my heart to you. The favorable interpretation I humbly beg of you is this, that things might not be taken in the worst sense: Non est reus, nisi mens sit rea: he is not guilty, unless the mind be guilty, I heard your Lordship say so at Guildhall, as I remember. The Lord knows in the uprightness of my heart, I have done, what I have done. It is a maxim in the law (I have read it in divinity books) Ampliandi sunt favores, et in paenis benignior interpretatio facienda; favors are to be amplified and enlarged by magistrates; but in punishments, the most benign and favorable interpretations must be made. Now of my actions the harshest interpretations are made; I have a charge laid against me, which I deem (and as my counsel tells me) to be rather a flourish in law, than reality of matter. I stood amazed when I heard the charge against me, I thought it had rather been against some other man than against me. As if I should send to the Queen, Piercy and Jermin: herein I did rather venture my life upon a trial, than to lie under all that obloquy, which that charge did lay upon me. Therefore I again beseech you put a fair and candid interpretation upon what is proved against me. I remember a phrase, Summum jus est summa injuria, to be over just, is to be injurious. Be not over righteous, may refer to courts of judicature. Herein I acknowledge, that my not revealing what my accusers have done, this lays me under the fault of a concealment, for which I lay myself at your feet. The next humble request I have to make, is this, to entreat your Lordship and the Court, that you would not hearken to any political suggestions, that may be laid before you: I know under what disadvantage I lie, that am the first minister in England tried for treason, in a business of this nature, and what a prejudice this is to me, to make an example upon. The first suggestion that I humbly entreat you would not hearken to, is; that it will not be for the honor and interest of the State, if I be not condemned; truly it is for the honor of the State for you to do justice, if you have found, that I ever wrote letter, or sent, or received letter, or lent money; if in these regards you have found me within your Acts, spare me not: but if I have been only present at the reading of letters, and have been silent at what others have done; therein I lay myself at your mercy, to show me favor. It was a suggestion to Pilate, if you spare that man, you are no friend to Caesar; and so if you do not condemn me, you are no friends to those who commission you; but be friends to yourselves and families, and take heed that you bring not guiltless blood upon you. And here (and so I shall have done) in the close of all, I do acknowledge, that in many particulars, as touching not revealing (I say not as to personal actings, nor do any prove it against me) I do fall within your acts, as to the censure of a concealment; and herein I humbly beg your mercy. And however I may be judged to be a man of a turbulent and unquiet spirit, yet those that know me in my relations, will not say so of me; and my people, over whom God has called me (I think) will say, I am a man who desires to live quietly in the land: but however my spirit and principles are questioned, yet I resolve by the grace of God to lead for the future a quiet and peaceable life, in all godliness and honesty. I have but one word more to close all I have to say for myself (for I have made no plea in law; in those matters I am as a dumb man, and cannot open my mouth) and it is this: the charge and depositions lie before you, and I will but lay this before you also, that if so be my fact should deserve death, which I believe it does not, and I hope you cannot find me under your own acts as to treason; yet if you do censure me rather upon a political interest, than from the merit of the fact, the Scripture accounts not that justice, but murder. Jehu put to death Ahab's sons, and that by the command of God; but he did it upon a political interest, to establish himself in his new-gotten government: and when God reckons for this, he says, I will avenge the blood of Jezreel upon the house of Jehu. To do anything upon a political interest, though the fact may deserve death, the Scripture counts this murder, not justice. And I beseech you, let me suggest one thing to you, though I am a worm and no man, and deserve not to be regarded among the children of men; yet what I have done and suffered, let it be a little thought on by you: and let me urge that of Abiathar the priest, he did an act that was not justifiable, and says Solomon, you are worthy of death; but I will not at this time put you to death, because you bore the Ark of the Lord God before David my father, and because you have been afflicted in all wherein my father was afflicted. I leave it to your own consciences to make application. Many things else might be suggested against me, and all to exasperate and ulcerate your minds against me, to make you with less regret of conscience to pass a doleful sentence upon me; which I hope you cannot, and for the fear of the Lord you dare not: but if you should, (and so I have done) I will say to you, as Jeremiah did to the rulers of Israel, as for me, behold I am in your hands, do with me as seems good and fitting to you; but know for certain, that if you put me to death, you shall surely bring innocent blood upon yourselves: but I will say as the Apostle did, I hope better things of you, though I thus speak. And thus I commit myself, and my all, to God and to your judgments and consciences.

Mr. Attorney-General's present Reply to Mr. Love's Defense.

Mister Attorney General: My Lord, you have heard him say much, and it had been much better for him if he had said less. My Lord, when men go out of the way of their own calling, they very often err; and truly I may attribute much of Mister Love's confidence to his ignorance, My Lord, to his ignorance of the law; and when men meddle beyond their own bounds, they do transgress. Mister Love has made you a continued speech; My Lord, I do find the old proverb commonly true, In multitude of words there wants not evil: And should I say nothing against Mister Love, my Lord, he has said enough against himself, in that he has now repeated even to his own condemnation in that which he acknowledges, my Lord, (I cannot say candidly, though himself has said so) to be rather a misprision of treason and a concealment. My Lord, acts of concealment are not so long continued, they have not so long continuance: And my Lord, you very well know (for the satisfaction of the gentleman at present, and some else that hear me) that he that hears a treason, (for I do go now a little in his own way) he that hears a treason, must not look back before he go to the Magistrate and reveal it, and if he be at the plough, he must leave his plough; if this gentleman were in his pulpit he must leave his preaching, he that knows a treason, must go presently and reveal it; there must be no repetition of treason, My Lord, Mister Love: my Lord, will be mistaken in that. But truly, my Lord, I was very sorry, considering the condition Mister Love now stands in, to hear those expressions from him that he has made to you in relation to the past and present authority; my Lord, I am not willing to repeat them, Mister Love must hear of it another time; truly, my Lord, here is little of candor (all men will believe) in this gentleman, that has now laid it for a principle to himself, and all that shall hear him (and I think it not to be so Christian, so candid) not to confess any thing any time; but that is candor that what is proved, that he will confess, and that is a high piece of candor, that those things that are proved he will candidly acknowledge; indeed, my Lord, I do not take that to be candor neither in my law, nor I believe in his divinity will it be. My Lord, there has been a great deal of care and pains taken by Mister Love to take in pieces the evidence, I shall not undertake now to join them together, but in convenient time I shall, I doubt not, for the satisfaction of the Court, and their judgments, who I must say, have been threatened by the gentleman; and my Lord, I hope for the conviction of himself. My Lord, he knows there are shrewd pieces against him that he has acknowledged; but he would take them off one by one, but when they are put together, they will not be single evidence, nor single testimony, nor single facts, but a continued reiteration and repetition of treason, a continued and series of time. My Lord you are pleased to observe that himself does appear from 1648 to 1651, so that in 1648, 1649, 1650, and 1651, in all these years my Lord, there has been this constant repetition and transacting of treason. My Lord, I learn from him, and it is very true — It is not good dallying with holy things, nor is it with states and commonwealths, it is very bad dallying with them, those that flutter there will burn their wings at last; and it is not quirks of wit, nor strains of sense or nonsense, will, my Lord, clear these things, it will not do it, my Lord. My Lord, he has desired you will not hearken to private examinations, my Lord, I have said so too, and there has more been offered to you; but that which has been public and viva voce, all have been so. But surely, my Lord, I could wish this gentleman, and all others of his profession, would meddle in their own sphere, and not to walk out of that to come and teach courts what they should do, to teach the Magistrate what is his duty. My Lord, I do hardly think it belongs to them ever in the pulpit to do those things: But to tell us we must not examine before-hand, and ask questions in private; My Lord, we cannot then be prepared for felons and treasons: And my Lord, I say, this confidence is much from his ignorance; for these things are very familiar, and must be continued to be done; so that these things are not well broached by him, and I do think he will say at last he understands not himself; and those (I hope) that hear, my Lord, will say, I do not use it; for, my Lord, I must say, it must be otherwise in all well-governed commonwealths. My Lord, he has not denied, but acknowledged meetings at his house more than once, twice or three times: And truly, I did expect from this gentleman that he would not have continued those fearful imprecations of calling God to witness, that he did never write letter, nor send letter, nor lend money. I had thought he would not have gone upon these equivocations; Did he never move other men to write? Did he never move others to lend money? It is not to say, this, and this I have not done; but I had thought he would have cleared himself totally of any guilt that way, either in relation to receiving, or hearing letters read, or lending, or receiving money, or moving for money. My Lord, to put it upon a particular case, this will not blind the eyes of justice, but you will be able to see it: He is pleased to say, my Lord, he will not lay it to the badness of the witnesses' consciences, but to the badness of their memories; my Lord, I hope in conclusion their memories will appear to be right, and some body's conscience else to be bad. And, my Lord, for to hear this said by this gentleman that is a minister of the Gospel, that it is a crime for these men to acknowledge their offences, this is strange; I had thought the first step to repentance had been confession, and that it had been no offence for any man living that has committed a fault, or that thought he had committed a fault, to acknowledge it. In my law and divinity I thought it so, and I have not learned otherwise; and shall this gentleman take exceptions, because these gentlemen who have thought they have done amiss, have acknowledged their errors, and have craved mercy? My Lord, I must say thus, if any deserve mercy, it is those that do acknowledge their offences, and crave mercy, and are sorry for them; and not those that are obstinate, and bid defiance to justice, prove what you can, I will confess nothing, that is not so conscientious nor Christian a way: And for the witnesses, I do wonder that Mister Love, of any man, should find fault with them; I cannot say they have taken sweet counsel together, but I shrewdly suspect they have taken very bad counsel together; these gentlemen are of his own choice, and of his own companions, and those that were conversant with him; and if you please to observe, at every word Will Drake, it seems to me that is a word of familiarity; but my Lord, for these, they were his companions, and whether I might say more, his household friends or guests, but sure they were in his house very often, and were private with him, and in his chamber and study, and to cover all these actions, and these treasonable practices, and letters, and designs, here they must come to hear news, and this must cover it all; they come for nothing but news, and our contributions must be for charitable uses, but you must not ask why or for what reason we lend money, but it is for charitable uses; neither God nor man will be blinded in these things, and if these fig-leaves be sewn together, it will neither cover nakedness nor treason. My Lord, Mister Love has said, (and in that given judgment against himself) that either to treat or advise with the King of Scots in Scotland, he detests them both: My Lord, if he be guilty of both, then I hope, he does detest and renounce himself, and then I think, he has laid your judgment somewhat; his own having past first, yours will easily follow. My Lord, he confesses, that for this act of the second of August, 1650, he was ignorant of it, and of the danger of it. My Lord, he very well knows that ignorance is no excuse, the Act is a public act, and has been long printed, now ten months since, himself says: And yet it seems to me I cannot reconcile that, (that he that goes to make others differ) that he knew not of this Act, and yet Sterks the Scotch agent was banished upon this Act, and there was a contribution for him for his going away; the same Act that does the one does the other. My Lord, he has been pleased to cite a saying of Cardinal Farnesus, That if he knew any part of him infected with Lutheranism, he would cut it off, and throw it into the fire; and so can he speak truly of himself, he would do if he knew any thing of malignancy by himself. My Lord, the question between him, and us is, what is malignancy, I doubt we differ in that, I doubt his sense of malignancy; I am sure by some words I shrewdly guess at, that I count that malignity, and I hope all this Court, and all that hear me count that malignity, that I doubt his judgment leads him not to it, so I doubt we differ upon that. My Lord, he has said he was never an incendiary, or evil instrument: I wish there were not cause for you to think otherwise: But surely the gentleman has made large imprecations, and has spoken much for himself; but (I believe) he knows there is so much justice here, that he expects not to be believed in what he says. If it were enough to accuse, who should be innocent? And if it were enough to deny, who should be guilty? He does not expect to be believed for his word certainly; for now he knows he stands in another capacity, and as things are alleged and proved on both sides, so he is to be believed and no otherwise. My Lord, he has been pleased to reflect upon myself in many particulars, indeed and the Court knows in what a capacity I stand here, as a servant to the State to do my duty faithfully, and I must do it, and yet I must say, it does not become me to prompt witnesses; that word, my Lord, was not well spoken. He is pleased to say in the commendation of himself, that he has a place in London where he has a very good congregation, and a very good competency of maintenance, and I heartily wish he had thought so really, and had kept himself singly to that; I do not think he will say that in the duty of his place, as a minister of the Word, to preach, to instruct, to exhort, rebuke, reprove his people, or any under his charge, that ever the State did interpose or meddle with him, neither the Parliament nor the Commonwealth; then for God's love, my Lord, why should this man interpose or meddle with the State? Had you not enough to do in your own calling? Had you not charge enough lying upon you, but must you be going abroad, and put your sickle into another man's harvest? I will say, the State did never trouble the gentleman in his duty, he did go on with as much peace and quietness as himself could desire, we interrupted not him, let him reflect upon himself, whether others have dealt so kindly with him; when had he that liberty that now he has had? You may be pleased to observe, himself says twelve years ago he could not in three years in London get an admission to be a lecturer, and when he spoke in the congregation-house at Oxford, he was expelled there; he has had no such measure here: does kindness provoke him to these things? Those that sin against kindness are the highest transgressors. What provocation has this gentleman had in his ministry, that he could not follow that, and have let the Parliament and State alone? Does he not receive breath here to live, and his livelihood to sustain himself and his relations? Why should you interpose to disquiet yourself and the Commonwealth when they did not provoke you? And let all judge whether this should not convince you; and let me say thus much, that you have dealt foolishly, and have gone beyond your bounds, and have not kept within your limits in what you have done in these things that you have acknowledged. My Lord, I speak this, that those may hear now that may not hear the other; for that which Mister Love has said, we must have some time to recollect, and to speak in the vindication of the proceedings of the State against this gentleman, which though I think it needs not much, in respect of the Court that has heard him say so much and confess so much as he has done, yet for the leniency of the State, that has moved them to take care of their own preservation: And I would not do it but that he has stood upon all terms of defiance with justice and majesty, and you have heard from a fellow minister what he did the last day, and the principles he urges this day, which let me repeat again, there will be no living in society, if these things be let alone. My Lord, it is much insinuated by him, that his blood will be upon you and the Court, I would he had thought upon blood before these things had been so transacted by himself, I am afraid (between God and his own conscience be it, and those that have had correspondence with him) that much of this blood that has been spilt in Scotland, has been much by their means; you hear him say, that what was desired by them (and in order to what it was) was, that the King of Scots might join with the Scottish Nation, and not go to Ireland, that was his conscience: I do not know, his conscience led him to meddle with those things, to meddle with state affairs. But my Lord, if it be so, and this has been brought on by them, that one has encouraged the King to join with the Scots, and the other has encouraged the Scots to join with the King by hopes of parties here, which he himself acknowledges now, was undertaken in the name of a Presbyterian party, though I think and do believe it, for very many honest Presbyterians, that they would spit in his face if he should say it of them; but I say these doings has occasioned the shedding of much blood, and a great deal of variance between the two nations, and the Lord knows when it will end. But my Lord, as he concluded for himself, you will be pleased, my Lord, to give me leave (though not in that way of conjuration as he has done) to say for the State, I shall not prevent your judgments; but it is better that one man, than a State should perish. And if this man be guilty of the treasons proved against him, I believe himself will judge, he had better perish and suffer death, than the State should perish. All these actings of his have been underminings of the State clean through, carried on very closely and covertly in disguises, and not discovered; but he that dances in a net will be caught trapping at last. My Lord, before you give your judgment, you will consider that justice to the Commonwealth — So my Lord, I have added what my bad memory (I hope not bad conscience) has repeated to me, as might give some answer to what he has said: but since he has been pleased to take such pains to run through all and every one of the evidence so exactly, and has had three days given him for it: my Lord, I shall ask but one for myself, and for those that are the counsel of the Commonwealth. My Lord, this is all I shall say at present to you, and shall say no more till next meeting.

Judge Keeble — The Lord President speaks after the Attorney General: the very beginning of his speech was not heard, he beginning very softly.

L. Pres.: But again in this point, for the Presbyterian Government, if it be rectified, doubtless it tends to the peace of this nation, and all places, but not with a Scotch limitation, I deny that; nor limited by a Scotch covenant. The next thing is this, because you often fall upon distinctions of the law, and that you are ignorant of the law; the more to blame you, that profess the learning of the law of God; for there is no law in England, but is as really and truly the law of God as any Scripture-phrase that is by consequence from the very texts of Scripture; for there are very many consequences reasoned out of the texts of Scripture; so is the law of England the very consequence of the very Decalogue itself, and whatever is not consonant to Scripture in the law of England, is not the law of England, the very books and learning of the law; whatever is not consonant to the law of God in Scripture, or to right reason which is maintained by Scripture; whatever is in England, be it Acts of Parliament, customs, or any judicial acts of the Court, it is not the law of England, but the error of the party which did pronounce it, and you or any man else at Bar may so plead it; and therefore to profess you are knowing in the laws of God, and yet to be ignorant of the laws of England, when yet the laws of England be so purely the laws of God, as no law in the world more practical at this day, for you to be ignorant of them, it is not to your commendation, nor to any of your profession. Then sir, for your going on in these ways. The Court with patience has heard you (I think) two hours, or thereabouts, and you have done nothing but anticipated the Court; what? Do you think they have not understandings, and judgments, and consciences? They would have done it, they would have examined these witnesses precisely, and would have compared them; but you have taken up all this time by way of anticipation; and in a rhetorical way to do it! Let me tell you, that orators among the Heathen have been the greatest incendiaries, and those orators in Christendom that do not set their judgments upon right ends, they are the most unworthy men in Christendom; for there is no heresies, murders, traitorous and treasonable practices and attemptings, and all the highest wickednesses that ever were committed in Christendom whatever, or in this nation in particular, but they have had some of that profession that have called themselves ministers of Jesus Christ, as the Jesuits of Jesus, and the priests of those; and all these things and high actings have still had some tincture of your coat in them. Therefore it is not your office can excuse you; your office is sacred, as other Christian offices are, and you are no more divines by your office; but you are to remember, and you must know, that Christian justice that you teach in the pulpit, to act it in the Court is of a higher nature than preaching is: and therefore in this, that you should advance your profession beyond the judicatories of this land, know, that judgment and justice is the highest religion in the world both in Christendom and out of it. And this sir, we would have you know, that lawyers' doctrine tends to this, and I hope hereafter you will be more obedient and better versed to know these grounds of the laws of England, by which now you are called here. I shall say no more, but take advice with the Court about you.

The Court adjourns, and Mr. Love is commanded away.