The Fourth Day's Proceedings, June 27, 1651

Mr. Hall, the first Council for the Commonwealth.

Mr. Hall: My Lord, the prisoner at the bar, Mr. Love, stands impeached before your Lordship of High Treason, which impeachment has been read before your Lordship and the court. My Lord, by that he stands charged with High Treason, with several offences of High Treason; that he in the years 1648, 1649, 1650, and 1651, with William Drake, Henry Jermin, Henry Piercy, John Gibbons, Edward Massey, Silas Titus, and others his accomplices, did traitorously, wickedly, and maliciously confederate, plot, and endeavor to stir up a new and bloody war in this nation, and to subvert the government now established, without a King and House of Lords. My Lord, that in the same years, since the death of the late King, he did with other his accomplices, endeavor to promote Charles Stewart to be King of England, contrary to an Act of Parliament, before that time made, in this nation. My Lord, that in the same years, he and his accomplices did traitorously and maliciously aid and assist the nation of Scotland, to the end that they might invade this Commonwealth; and has adhered to the forces raised by the enemies of this Commonwealth. My Lord, that in the same time, between the month of March, and the first of June, this present month, he has [reconstructed: traitorously] and maliciously held and maintained correspondence, and intelligence by letters, messages, instructions and otherwise, with the enemies of this Commonwealth; and to the prejudice of this nation; and in particular with Charles Stewart, and the late Queen his mother, and with Jermin, and Piercy, and other persons of council abiding with Charles Stewart. My Lord, that he has likewise held correspondence and intelligence with the Scottish nation, prejudicial to this Commonwealth, and to the end they might invade and bring a bloody war upon this nation. My Lord, these treasons and traitorous and wicked practices of the prisoner at the bar, were and are to the apparent hazard of the public peace of this Commonwealth, and Free State, and the Parliament and people of England; and in contempt and violation of the laws of the land, and contrary to several Acts of Parliament, in such cases made and provided. My Lord, there has been several witnesses, and proofs of these particular charges against the prisoner. And, my Lord, I do conceive that there has been such proof made, that in your Lordship's judgment, he will appear to be guilty of all these particular actings; but, my Lord, I will not enter upon the proof, only make a summary relation of the beginning and continuance of this plot and design. My Lord, this plot did begin very suddenly after it pleased God to take away the chief enemy of this nation. The King died in January 1648, and this plot began in February, the very next month following: and in the same month, my Lord, the Scots nation did proclaim Charles Stewart King of Scotland; and they did not stop there, but proclaimed him likewise King of England; and then, my Lord, this plot began here; for in the month of February, the next month after the King died, the meeting was at the Swan at Dowgate, where were several of the correspondents at that time; as Drake, Huntington, Titus, and others, and the end of that meeting was to contrive a way that they might agree the King and the Scottish nation; that was the end of their meeting at that time. My Lord, within a few days after that, they met again all these several persons, at the White Hart in Bread Street, and to the same purpose; and at length it was resolved to make their addresses to the Queen, and to Piercy, and Jermin (first it was the King himself) for a compliance between the King and the Scots; letters were sent accordingly, and several meetings, and several returns of messages were had of them. My Lord, at length it was resolved, that they should send messengers to the King at Jersey, and agreed upon one Titus; and they raised money and gave it to Titus to undertake the journey. My Lord, Titus accordingly went in the month of May, one thousand six hundred forty nine, and returned in August following. After he had done his negotiation there, he returned to Calais; but being afraid that this wicked plot was discovered, by reason of letters that were intercepted, he dared not come into England; but sent letters to desire some correspondents might be sent to Calais. My Lord, all this time I do not find that the proof discovers the prisoner at the bar to be any actor, or present at any meeting hitherto: but when these letters came from Titus, then the letters were brought to Mr. Love's house; which is the first time I find him by proof to be present. The letters were read in his house, and in his study, as some of the witnesses say, that there were present: and it was then agreed, my Lord, that Alford should go to Calais to Titus. My Lord, accordingly he went, and there Titus did communicate to him the affairs that passed at Jersey: within four or five days after, Alford returns again, and where should the meeting be but at Mr. Love's house again? Where Mr. Love and diverse of the accomplices were in his house, a letter from the King was read; the diary, the narrative from Titus likewise was read there; and there was the consultation [reconstructed: of what] should be done, and what further course they should take to join the King and the Scots together. My Lord, afterward they did agree that there should be some sent to treat with the King at Breda; the instructions were drawn in Mr. Love's house, (I think one witness says so) and Mr. Love present; money was raised, and Mr. Love himself did speak to one of the witnesses to raise money, which was Far: Far accordingly did bring in five pounds, and laid it down upon Mr. Love's table, Mr. Love being present then in the room. My Lord, I shall not trouble you with the relation of more particulars; but my Lord, I conceive, that Mr. Love, does upon these proofs stand guilty of endeavoring to promote the King to be King of England: for, my Lord, what should be the end of uniting the King and the Scots together, after that the Scots had proclaimed Charles Stewart King of England, but that they might come in a warlike manner to invade this nation, and to set up his authority as King among us. My Lord, I conceive (I shall submit to your Lordship's judgment) that he is guilty of intelligence from a professed enemy. The intelligence is (my Lord) that diverse letters were sent, and these letters were read in his presence, as himself does confess he was at the reading of diverse letters, and yet did not consent to them; and thereupon makes it as it were but misprision of Treason. My Lord, I conceive that this is apparently Treason: for if letters were sent to one person, and did occasionally come into another man's hand, and he conceal them, being not sent to him, there perhaps it is but misprision of Treason. But when there are sent to these particular persons letters from the King and Scots, and diverse persons in hostility against the Commonwealth of England, and received by the confederates in Master Love's house, and there were read and debated, though they did not agree to some particulars, yet they are actors: they are — in the very intelligence itself; and did likewise return several letters. My Lord, this intelligence was with the Scottish nation, which truly, my Lord, I do conceive hardly an English man, that had the blood of an English man running in his veins, would join in confederacy with that nation, of all the nations of the world, against this Commonwealth: a nation that has been known (and I am sure, the prisoner at the bar is well read in the histories and stories of this nation) to have been a constant enemy to this nation in all ages through the memory of all histories; and, my Lord, of late, not three years since, came and invaded this nation with a powerful army, which it pleased God to deliver us from: and this the prisoner could not be ignorant of, that we had lately a fight with them at Dunbar, that hostility could not be unknown to the prisoner at the bar neither: and yet for all that, to confederate with a nation, that were such constant enemies to us. My Lord, I could not conceive it had been in the heart of an English man, much less in a minister and preacher of the Gospel among us. My Lord, there are some particular charges upon him more than upon any of the rest; after Drake fled away, being doubtful that his secret traitorous plot would be discovered, Mr. Love supplied his room: all the meetings, and confederacies, and letters, and agitations in this business were constantly at Mr. Love's house, himself being present. And, my Lord, money as I said before, by Mr. Love himself desired to be raised, for the furthering of this design, and several sums of money were raised. I shall trouble your Lordship with no further relation, but leave it to the proof that was made before your Lordship and the court.

Sir Thomas Witherington, the second Council for the Commonwealth.

Sir Th. Wither.: My Lord, Mr. Love's defense which he made for himself, as he did it for his life, so he took a great deal of pains in it, and was very accurate in the defense he made, especially in the witnesses. My Lord, I shall not take upon me (for it is not my charge at this time) to reply to the whole defense that Mr. Love made. My Lord, that I shall say, shall be in two particulars, for Mr. Love divided that which he said into four parts; the first concerning the charge; the second concerning the witnesses and testimony; and 3. concerning himself; and 4. concerning some proposals to the court. My Lord, I shall only meddle with that which is concerning the witnesses; and 2. to some part of that he said concerning himself; I shall only reply as to these two, and the rest I shall leave to Mr. Attorney General, that better knows what is for the advantage of the Commonwealth. My Lord, I shall begin concerning the witnesses to clear them (for now we are in our reply for the Commonwealth.) Mr. Love, who did profess a very great deal of ignorance in the laws of the land, yet he did insinuate something that implied some knowledge of them, in that, my Lord, he took some exceptions to the witnesses; my Lord, I take it that these exceptions were: 1. That the witnesses were not Probi testes & legales, and 2. that they were Participes criminis, and that indeed is included in the other. My Lord, first I shall speak to this, that the witnesses produced against him are Legales Testes: they are competent witnesses, and sufficient witnesses, without exception against them. I shall first speak to that they are Testis legales, for Mr. Love did object, that they themselves confessed themselves to be guilty of the same crimes, and so their confession is upon the matter, a conviction, and so they are convicted of the crimes in which they are witnesses against him; and so are not competent witnesses. My Lord, I shall clear this; under favor, I take it they are very clear and good witnesses, notwithstanding the exceptions. And, my Lord, this I take to be a very plain case, the case which is in our common law; the case is — which proves it fully. For if a man be accused of high treason, indicted of high treason, and will confess the indictment, and become an approver, yet he may be a witness against all those parties guilty of the same treasons with himself, he is particeps criminis with them, and they with him; and yet this man thus becoming an approver, will at common law be a witness, and a legal and good witness against them. My Lord, I shall a little open that, because it clears the case. My Lord, an approver can only approve it is true; that is when a man is indicted of high treason and other his accomplices with him; and he upon the indictment says it is true, and then desires he may have some thing assigned to him, and then he accuses such and such persons of the same crimes; in this case this man after he has confessed the indictment, and takes his corporal oath to reveal all treasons he knows in the indictment, (for he can accuse no further) after this done he shall be a witness, he is a witness against those with whom he is Particeps criminis. Nay, my Lord, it is of merit and justice that he shall have this reward, he shall be pardoned his life. Now that I prove to you, because that shows the reason; that even the man, after indictment and confession, yet being an approver, shall be an accuser of his brethren, those that were Participes criminis with him, and a good witness; and the reason of that goes to this case in hand. For although these men had a hand in the same plot and design with him, and have confessed, and did confess it upon evidence, that they were there present, and did many things; yet I take it they are clear, competent, and good witnesses; and that is no objection against them, that they are Participes criminis. My Lord, if the law were otherwise, it were impossible to prove many offenses; for many offenses cannot be proved, but by some men that had a hand in them. In an ordinary case an action of trespass and false imprisonment, if three men are guilty of it, it is a usual thing in courts of justice to admit one of them a witness; true, they are not parties in the action, and so may be witnesses; for these things may be so secretly done otherwise, that their treasons could never be revealed to recover against the prisoner. There is a case, I think in all our knowledge, it is the case of the Earl of Castle-haven, he was accused of a very grievous fact, the witnesses which came against him, were one or two footmen, that were Participes criminis in the very same fact, and these men by the opinion of the judges were competent witnesses. My Lord, he was arraigned, indicted, and convicted, and suffered death: nay, it is very true, that one of these persons was afterwards hanged for the same offense: so that I think, under favor, as to that, I take it, that they are clear and good witnesses, notwithstanding that objection. The next objection is, that they were not probi testes: truly for that, my Lord, I must appeal to your judgment in it, whether these men be not probi testes, & houestes too; for in case of an approver, as I mentioned before, that man that accuses his brethren upon the same treason, it is said, that of merit and justice, the King ought to grant him his pardon: for they that discover the traitors against the Commonwealth, these certainly are probi testes, and good Commonwealth men: and so I take it, that this is no objection against them in that, but as before they were legales testes, so they are probi testes. My Lord, I mention these things, to show that the witnesses for the Commonwealth are good and competent in this case. The next objection touching these witnesses, is, that though they be admitted for good witnesses; yet there is not to any one fact two witnesses: there is not any one of the most criminal parts of the charge proved by two witnesses: and so as before they were incompetent in regard of the quality and participation of their crimes, so now he would make them incompetent for want of number. My Lord, I shall first agree to the ground of this objection; for truly, my Lord, I take it, that it is by the common and ancient law of England, that in cases of treason there must be two witnesses; and it is by a law more ancient than that, that is, by the law of God. But my Lord, it is true, the law of this land is explained by several statutes; the statute of the first year of Edward the Sixth, and the fifth year, and the second year of Philip and Mary; my Lord, I take it, upon all these statutes, the one statute says, to accuse another, there must be two witnesses; I take it, the accuser and witness are all one; that is, the same that in one statute is called a witness, in another is called an accuser. But there must be two, that is the objection. But then give me leave to consider this case, and to consider how those two witnesses shall be. My Lord, I say under favor, that in a case that consists of a complicated fact; that is, the reiteration of many actions, my Lord, I conceive none of these laws are to be intended, that for every of the particular facts there should be two witnesses: that cannot be the intention of any of these laws, that in every particular fact, that is to say, whether Mr. Love was present at the reading of the letters, if you have one witness to that, another for the writing of them, another to the sending of them; though these three witnesses speak to several parts of the business, yet they are a concurrent testimony, for all agree to the fact. I well remember, my Lord, a case in the Star-chamber, against B. of Leicestershire, I think there was an information against him for bribery and extorting of fees: the matter came in the conclusion, that one man proved a bribe, and another man proved a bribe; one proved a bribe of forty pounds, and another a bribe of forty pounds: but there were several witnesses to several bribes. The question now was, whether he took bribes or no? And these tending to the same general charge, it was the opinion of all the judges, that he did extort and take bribes. The one witness spoke to one bribe, and another to another; and in that case, as two witnesses, made good a charge against an offender, yet in that case it was taken, that where witnesses, though they speak not in every particular, yet all tending to the same general charge of bribery, these were taken for plural witnesses, and that was a good conviction. That was the opinion of the judges then. I mention this case only for an instance to express myself in this: for Mr. Love cannot expect, that to every particular thing laid to his charge two witnesses should be produced. But my Lord, when one witness proves, this thing he has done, this letter has he written; and another that another thing he has done, which all tend to the treason; now these are more witnesses, and two or three witnesses of the same thing, though not to the same individual thing it is —. So that upon the matter they are concurrent witnesses in this complicated fact, though not concurrent in this or that circumstance; for that is impossible almost in any action to be done. But then Mr. Love did further enlarge this objection; which was out of a saying he had, that in case of treason, Probationes opportent esse luce clariores: the proof must be as clear as the sun. Truly, my Lord, it is very hard, that works of darkness should need so much light for discovery, and that so clear a proof should be necessary when the things are done in darkness and secrecy. My Lord, I think, under favor, though in this particular we have our witness, as I do take it, to speak very plainly and clearly; for it is their own faults if they do not, for they were present at the meetings, at the consultations and debates. But yet I do observe, that in this case things were carried on in a very secret manner; for I do observe first, at these meetings all of them were done under a disguise, every thing acted in this business. I observe it upon evidence, first, that the very meetings themselves go under the title of prayer and fasting; for so Huntington told you, he was spoke to go to prayer at Mr. Love's house. The contributions made for raising of money, for sending of messages and dispatches, was under the disguise of charitable uses; so that here was darkness all along. And then for the letters, there was no names subscribed to them, all were done without names, only the letter L. was upon one. And the place truly, I must say, that was obscure too; for what man would have thought, that the place of meeting should have been Mr. Love's house, a man that has been so much for, and showed so great an affection to the Parliament, as he said himself in substance? A man would sooner have thought to have found this treason in any cellar in London, than in Mr. Love's house. For the instructions, for the directions and dispatches, some were sent in table-books, written in sack in a table-book. But, my Lord, I am afraid in the conclusion, the letters will be written in blood. But, my Lord, this I do observe, that through these difficulties, though we passed through our evidence, yet your Lordship heard how plain the proof was in most particulars. My Lord, I shall say no more as to these witnesses, because the other part of answering the witnesses belongs to the Attorney General; for Master Love went over all the particular witnesses. My Lord; I shall only say one thing, and that is this, concerning Mr. Love himself; and it is only concerning this point. My Lord, Mr. Love himself did say, he would be ingenuous so far as he took himself to be guilty. But, my Lord, I know your Lordship and the court observes, that that ingenuity did follow the proof that was for the Commonwealth. My Lord, he confesses he was present at them, he was silent after all these meetings and debates, I mean the meetings after they began at his own house; for I speak not of them that were at Dow-gate, for there is no proof that he was there. My Lord, this he confesses, and this he says is misprision of treason. Truly, my Lord, I must be bold to differ from him in that particular; I take it that that he confesses is high treason. I shall speak a little to misprision of treason, and so conclude. My Lord, misprision of treason is when a man has notice of a thing that is treason, and he conceals it; now, my Lord, under favor, the concealment must not be long, it must not sleep long with him. My Lord, I remember an axiom an author has in our law, and that is Bracton; he has a discourse of misprision of treason, he has it in Latin — says he, he that knows a treason, he must not stay in one place a day and a night, but he must go on, he must go toward the magistrate. Nay (says he) though he have most urgent business yet he must set it aside and go on, and must not stay in any place till he has revealed it. Nay he says further, he ought not to look back till he has given information to the magistrate; the man that does not after this manner forthwith reveal it, this only is misprision of treason. But considering this case of Mr. Love's, now confessing the fact, he takes it to be misprision of treason, but I take it to be treason itself. My Lord, I shall observe what Mr. Love did; he was at these meetings; these meetings were continued for various days, and months. My Lord, was there any discovery made by Mr. Love? Was there any revelation of his to any magistrate? Did he tell it to any man? Nay, did he confess it upon his examination, when examined? Nay, did he not deny it when he came to the bar before your Lordship? Can this be said to be misprision of treason, that a man should hold so long in treason and not reveal it? My Lord, as every treason includes a misprision of treason in it; so I conclude, that misprision of treason may grow up to treason itself. Now when a man shall so long sleep upon it, and be violent in it, and not reveal it, I take this misprision of treason grows up into treason itself. My Lord, I shall say no more of that, but I shall conclude, because the other part lies upon Mr. Attorney General, who is better able to do it; only one thing I shall take notice of to your Lordship, and I am troubled at it; and that is, that as he says, that he that has been so much for the Parliament, with whom he has gone along, and took sweet counsel together, and has been active for, and passive with through all the passages of the late wars, that he should suffer from them, this he says, stuck very much upon him. But, my Lord, for him that has been so much for the Parliament, so familiar with their proceedings, that has been so active for them, and has suffered so much for them; my Lord, for him to kick the heel against the Parliament, for him after all this, now even in the infancy of this Commonwealth, that this child should be destroyed, and by one with whom we have took sweet counsel together. And by one I may say this, that though he had no hand in making this Commonwealth, yet I dare say he had in the preparations to it; for himself all along has gone with the Parliament; so that my Lord, I take this to be an objection against him. But, my Lord, I shall say no more in it, but refer the other part to Mr. Attorney General.

Master Attorney-General the third Counsel for the Commonwealth.

At. Gen.: My Lord, I am sorry M. Love has given the occasion of this meeting, and of my speaking at present, I could much rather have wished to have been silent; but now I am drawn here, I am forced to it. M. Love, my Lord, in the beginning of his Trial did desire God so to assist him, that he might go through it with gravity, meekness and wisdom, as became a minister of the Gospel: I wish that God had heard his prayers, that he had so gone through it; what he has done, the Court has observed. My Lord, in that part I have to do, I do heartily desire I might do it with faithfulness to you, and the duty of the place I ought to discharge, and to the Court. My Lord, the work that this day lies upon me is, to reply somewhat to what was said by M. Love in his own Defense, and to make a faithful repetition to the Court, and to do the witnesses and the prisoner right; to repeat that, and that only that has been said: And in that, that I may do no wrong to mislead the Court, and offer nothing to the prejudice of the witnesses, nor to the prisoner. And truly, my Lord, I shall not (in his own words) have any tortured Collections, nor any inferences, nor strains of wit; he has showed his Oratory in his defense. My Lord, I shall show the simplicity of Law in the Reply. My Lord, the Charge has been repeated to you, and for that insisted upon by M. Love for the witnesses and testimony you have had answer; I shall not trouble you, there has been pains taken in it, my Lord, I think all men were satisfied that it was clear enough; yet to make it more clear. M. Love, my Lord, insisted upon one thing more, and that is upon point of Time, and the point of the Jurisdiction of the Court, which (by your favor) I shall first begin with. He stands charged he says, for crimes done in 1648. 1649. 1650. and 1651. and those crimes he says, were before this Court was, or had a being, and so had not power to take cognizance of them. That my Lord, I shall endeavor to clear to you, and I think in much clearnesss, clearer than the light, as he will have his evidence. He stands charged (I say) positively, my Lord, with no crime before a Law was emitted, that did give an inhibition and was published and known. He stands charged with no crime before the Law was published, that did declare what the crime was, and gave notice to beware. My Lord, that that was first, was the Law that was made the 30th of January, 1648. that does declare, (and upon that Law I shall fetch the foundation and rise of this Treason) that whoever shall proclaim, declare, publish, or any way promote Ch. Stewart, or any other person to be King, or chief Magistrate of England, or Ireland, without consent in Parliament, shall be adjudged a Traitor, and shall suffer pains of death as a Traitor: Here was this Law published, and notice given what every man should trust to, and I may say my Lord, Obedience expected: Against this Law has M. Love transgressed, and under favor, in a very high measure; so that, my Lord, I charge him upon this Law, and since this Law was made, and to this Law there is no limitation of time for men to be questioned for it: and for this Law, it is in express terms given in Commission to this Court to take cognizance of it; so that I think, this is a little clear to him. My Lord, the next is a Law published in July, 1649 that is entitled, An Act declaring what offenses shall be Treason; that I think he is not ignorant of, though he pretended to be ignorant of another. My Lord, that Law likewise, though it was before this Court was erected, yet this Court has by express words of the Commission power to take cognizance of it; and this Court in these things is not like other judicatories, that when offenses are committed, the State takes care to appoint Courts and Judges to judge those offenses; let it be no offense to M. Love if this Court were erected especially to try him, but the Law was not made especially to punish him; for the Law was made before, and the offense committed before, and so I think, in all England the offenses are committed before the Judges go their Circuits and have their Commissions. My Lord, the next is the Law that constitutes this Court, and says in what particulars this Court has power to take notice of offenses, besides those mentioned before, and the last concerning the Scots; that was but lately which Mr. Love says he was ignorant of; but he was not ignorant to do somewhat against it. My Lord, these are for the laws that Mr. Love is impeached upon. The next thing that I have to do is, (and in that I humbly beg your favor, That as I am now to do Justice (if I may so say) to the Court, and to be faithfull to my Trust and the Duty imposed upon me) to repeat the evidence right to you; and in that, as the Gentleman the prisoner at the Barre, has had that favor from you to have a Notary by him to take all that was said of all parties; so, my lord, by your favor, we have had some here to help our memories; with whom I have conferred, and by the help of their Notes and our memories, my lord, we thinke we have faithfully transcribed that which was said by the witnesses. And, my lord, I humbly crave favor, as not now being a private examination, to be read, but a public testimony in the presence of Mr. Love himself, and the Court; I hope it is not private now, but I may use notes to do him right, and may read those things that they testified upon their oath here. In the first place, my lord, I shall according to my best judgement do him no wrong: For the first, I shall acknowledge it was but a hearsay, and that from Drake, of letters sent from Scotland to the Presbyterian party in England, to let them know what had been done of proclaming the King there, and that care should be taken for their Interest. This I do acknowledge was but a hearsay; but that which followed not long after that time, my lord, was positive, and there (my lord) I shall begin the rise of this; and thus as has been observed by my fellowes that are Counsel here, though there was not acting, nor presence, nor knowing, yet (my lord) under a second, it will appeare he was consenting and approving, and so guilty of the first fact: My lord, there was a meeting at Dowgate, I suppose you remember it full well, it has been several times repeated to you by several persons, and Titus the party now beyond the Seas, and Drake, and other Traitors fled, were prime sticklers for this, and moved others to come in and to be there present, and heare what was the design. As I did crave your Lordships favor, so I shall, that I may not (as he says) trust to fickle nor roveing memory, that I may be faithfull to read to you that I have taken, and what was said by them; I suppose Mr. Love has by him one that can control me if I do not right. I begin with this meeting at Dowgate, and continued at the White-Hart in Bread Street, Alford gave you this evidence, That one morning he was wished by Drake to goe to the Swan at Dowgate; when he came there, there was one Titus who gave relation of the good disposition of the Prince, and how inclineable he was to take the Covenant, and to cast off the Cavaliering party, and those about him, if there were opportunity found, how to make him know there was a considerable partie in England that would stick close to the ends of the Covenant; and upon that we that were there did thinke we were bound in duty, in relation to the Covenant, to press the Prince to take it, and to prosecute the ends of it. And for that Titus said, if we would appoint another meeting, he would draw up something in way of Application of the Presbyterian party to that purpose. We afterwards met at the Beare in Bread Street, and there he drew fourth something he had framed to that purpose, and read it, and it was agreed upon to be sent over to the Prince, the substance of it was to presse the Prince to apply himself to take the Covenant, and to prosecute the ends of it, and to cast off all the Cavaliers and that party about him, which had brought so much mischief to his Father, and would do likewise to him: And this (I believe) was sent over, for Titus undertooke to send it over. We asked him how the Prince could be made to believe that this coming from so inconsiderable a party as we were, should come under the notion of the Presbyterian party of England; he said he would undertake it by meanes of my Lord Piercie. And my lord, I think you do remember there was one Mason servant of Piercy, that was sent over here, so testified by some, to reconcile the Royall and Presbyterian party. This Mason (my lord) was Piercies Servant, so testified here by divers, My lord, here is now the foundation, Drake is he that moves Alford; and Titus I may suppose the mover of Drake, and both of them fled at Traitors. My Lord, If they were Traitors, and this is Treason; then whoever had a hand in carrying on this Design, himself is a Traitor, and his Action is Treason. My Lord, this is the Testimony of Alford. My Lord, There is another witnesse, and that is, lieut. Colonel Bains, who I think was present only at this meeting, and had enough of it, and did leave it; and yet was present at this, and gave in evidence of what was there proposed. I think he was present at no other meeting, he was satisfied this was too much; his Testimony, as I take it, was this, for I shall read it, that I may do no wrong to no party: Bains said, It was also proposed by Titus, that something should be done in order, to restoring the Presbyterian Interest, by Application to the Prince, and to assure him that he had a considerable party in England, which look'd upon it as a duty, and lying upon all of them by the Covenant. And that it was necessary some what should be done by some Parliament men, ministers and citizens, that were leading active men, that he might have an assurance, that somewhat would be done for him: and somewhat to the Queen, Jermin and Piercy, whom, he said, were their friends. This, my Lord, was that which Titus said at this meeting; and testifyed by Bains. My Lord, There is another, Colonell Barton, who was produced as an Evidence. My Lord, I think that he spoke not much more then to this, and gave off here. My Lord, his Testimony was this; for I do conceive, under favor, we have taken the very precise words spoken by them: And, my Lord, so as spoken and taken, so written, and so, my Lord, read to you: Barton, my Lord, said, That Drake would have him to be a messenger, and to that purpose there were several meetings at the Swan and White-Hart. This was what Barton testified. My Lord, Then there was Major Huntington, which was at this meeting, and one more at Mr. Loves house, which he full well remembers. My Lord, Huntington says this, That about March 1648. (in January was the Law published) Alford told him, that Titus was in town, and that he was newly come from beyond the Seas from their friends, Massy, Bunce, Graves and others, and that Titus was to meet the next day at Dow-gate, where he fell into high praises of the Prince, and told them that though he was taking unhandsome courses, yet they had great hopes his inclinations were otherwise. Titus said further, he feared his inclining to the Irish, unless something should be gotten from his friends here to divert him; that you remember was Mr. Loves charity too, as you will hear anon. Titus purposed to get letters from persons of honor, to persuade him to a good opinion of the Scots, to take the Covenant, and to join with them. Afterward they met at the White Hart in Bread-street, where Titus declared that he should gain these letters, and hoped to set something a foot to the same effect; and there said, they were confident they could see no way under Heaven for him else, but by taking the Covenant, and engaging the Scots against England; to which purpose he drew forth a Paper, purporting that they were bound in honesty, conscience and loyalty, to maintain and help him to his just Rights, if he would go along and join with the Covenanting party in England and Scotland. My Lord, This is that now that has past in proof by evidence concerning this first meeting at the Swan at Dowgate, which I do humbly conceive was the rise and foundation of what follows afterward. And this, my Lord, if true, I suppose no man will say, but that was Treason that was transacted there. I do not say, my Lord, that Mr. Love was present at it, nor as yet, can I say, knowing of it, but what follows after, my lord, will bring him in danger. My Lord, Here, you have heard, was this meeting, and what was proposed to be done here, and how active Titus was, and that he was to go (you have heard by the Testimony) to Piercy; and it is not doubted by any but he did go there; it is not doubted by any but he was sent and did go there. To that purpose I shall now read you two witnesses more, which I have caused to be transcribed too, in the words as spoken by them, as I do conceive, that is Adams and Far; That there was money agreed upon, to send Titus to Piercy; that there was money collected, and that they themselves did contribute. Adams he expresses it thus: That upon a meeting, the place and time I remember not; where I think were present Drake, Titus, Alford, and my self, and I cannot tell how many more; It was agreed that Titus should go to Piercy, the end of his going was to promote an agreement between the King and the Scots, according to the Covenant (and, my Lord, you shall hear in due time what that Covenant is, that M. Love has said in his late Defense,) In order to his going, we did agree to furnish him with money for the present, and made some kind of promise to keep him while he was out; about an hundred pound was furnished; for my part, I paid twenty pounds of it. This is Adams. The next is Farr: He says, He did understand by Drake, that Titus, who was here requested as one, to be present at the Treaty at Jersey, which Titus did undertake to go there; he undertook to go himself: that after he was gone, Drake desired Farr to let him have ten pound, saying, Titus was in want, and upon this I lent him ten pounds; the Letter was read at M. Loves house when he came from Calice. So my Lord, here is now under favor, his proof before you of this meeting at Dowgate, at the Swan there, finished in Bread Street, carried over to Jersey, Titus the messenger furnished with money by a party from hence in this errand, as we told you. My Lord, all this while I do not hear of M. Love: if he were, My Lord, he was like the Mole under ground: but however, my Lord, Mr. Love has carried himself (as some have said) like a Rat among joint-stools, a man can see him, but cannot hit him; But, my Lord, I doubt he will appear to be too busy in what follows, and that he had a hand in it at first. My Lord, the next to go on with is this, in time; that when Titus finished his work at Jersey, he was then to give an account to his Masters that employed him, and upon his return he was to do it faithfully, as he thought. But being informed, that the State had vigilant eyes, and they discovered him what he had been doing there, and he having notice from some of his steadfast friends here of it, he thought it was not safe for him to come in person, so that his guilty conscience kept him off: But then he did desire that he might give an account by the hand of some others, by their memories, and for that purpose wrote a letter, to whom I cannot tell, I think to Drake; The letter was written, and under favor, my Lord, this letter from Titus was read in M. Loves house, to have one sent to him; and there it was proposed for some to be sent, Adams was proposed, for him to go; Farr proposed for him to go; but not them, but Alford was agreed to go, and did accept of it: but not that he was there, my Lord. My Lord, for this I shall crave the same favor from you, to read Adams and Farr, as to that particular. This is Major Adams, It was moved in M. Loves house, M. Love being there present, that I should go to Calice to meet Titus; but Alford going there, did at his return give an account of the state of things at M. Loves house. My Lord, that I read him for, is for that part, that it was moved in M. Loves chamber, M. Love being then present: that I should go to Calice to meet Titus; it was moved that Adams should go; my Lord, this I read to show M Love was privy to this before the messenger was sent. My Lord, the next is Capt. Ralph Farr. I was in M. Loves house in his Study, wherein (in M. Loves Study) a letter was read from Titus, desiring one might be sent to him to Calice; and thereupon it was moved that I should go, but afterwards it was agreed that Alford should go, who went accordingly. That is now as to that particular, that before any man was sent to Calice, it was made known in M. Loves house, and some proposed for to go, and at last another did goe; this, my Lord, I offer to you, as that which will not be controverted by M. Love, for I have read you two witnesses to it. The next, my Lord is, in which (I think) we do not differ, but that when Alford had been at Calice, and had taken the account that Titus gave him, the copy of the letter which he said was from the King to the Presbyterian party here, the Narrative of all the Transactions and Proceedings at Jersey; that upon his return, I think we do not differ, nor is it denied; I am sure M. Love acknowledged it in his last Defense, because proved by four, therefore confessed; my Lord, that this Narrative, the copy of this letter was read in his house, and for that I have the testimony of Adams, Alford, Jaquel, and Farr, which if it be your pleasure, I shall humbly read to you. The first is Major John Alford, Having received at Calice a Narrative in writing of Titus his transactions in Jersey, I brought the same to Drake, to whom it was directed: Now it appears to whom the direction was; and he brought it to M. Loves house, where it was read; afterwards there was a Commission so called; but my Lord, if you please, that is for this in the first place, That this Narrative brought from Titus by Alford, was read at M. Loves house. The next is Adams, But Alford going to Calice, did at his return give an account of the state of things at M. Loves house, which account was the Narrative from Titus, and the copy of the letter said to be the Kings letter. The Contents whereof I remember was as followeth, The King expressed a great deal of affection to the Ministry in general in England, and promised them great favors when he was in a condition, and desired them to continue steadfast in the way they were in; which letter was read and published in M. Loves Study, and M. Love was there sometimes of the reading, at the same time a motion was made of giving thanks to Titus for his well managing affairs there, and at the same time the Commission and Instructions were. So that here is another testimony, that this was done at Mr. Loves house; the Narrative, says this Gentleman, and the copy of the Kings letter. My Lord, the next I shall read to you is Mr. John Jaquel. After Alfords coming home, I was at Mr. Loves house, where was Potter, Drake and Alford; and Mr. Love was there some times, though divers times some body came to speak with him, and called him, and he went to speak with them: A Narrative from Titus was there read by Alford or Drake, wherein was declared the Kings inclination to make peace with the Scots, but his wicked Councel hindred him. I think it was a Narrative of what had pass'd between the King and Titus at Jersey. This is that that Iaquel says. The next, my lord, is Far; Alford being returned, he gave account of his employment at Mr. Loves house; A copie of a letter was there read, from the King to the Presbyterian party in England; the substance was to send Commissioners to the Treaty at Breda. The Narrative brought from Titus was communicated at Mr. Loves house: where were present ten or twelve persons. So, my lord, you have heard these four witnesses, what they have said concerning this: Now you shall give me leave to make application of this to the former; I shall crave you favor to go thorow this. There follows more at Mr. Loves house; this is not ended yet. My lord, after this, there was somewhat proposed to be done upon this Narrative and a letter from the King; somewhat was proposed at this meeting: My lord, then there was (as I know the Court remembers) speech of a Commission that was somewhat controverted. There was speech of a Commission, and a Commission read, Mr. Love ingenuously acknowledges, and it was proved, and he declared his dissenting from it, and that he was against it, because as private persons they had no power to do any such thing. But, my lord, that there was a Commission read there, brought by Drake (I do not say that this proves that Mr. Love corrected it:) That there were Instructions and letters read for to be sent over, I think, is not denyed: but, my lord, for that, if you please, I shall read you the witnesse. The first is Alford: Afterwards there was a Commission, so called, agreed among us, sent over to the lord Willoughby of Parham, Massey, Graves and Titus, at Breda, to advise with the Scots Commissioners there, in behalf of the Presbyterian party in England. This Commission was read in Mr. Loves Study: and at the same time Instructions for the Commissioners to walk by were agreed on to be sent: which Commission and Instructions were the substance of the Petition formerly sent, to presse the King to take the Covenant, and to prosecute the ends of it. This Petition was (I conceive) what was formerly agreed upon at Dow-gate: which Commission and Instructions one Mason the lord Piercy's man carried over. This is Alfords testimonie as to this. And being ask'd by Mr. Love, Did not I dissent from sending the Commission and Instructions? he says this, It was agreed in the general, that the Commission and Instructions should be sent, Mr. Love being then present. All present are Principles, my lord. My lord, in the next place is Major Huntington's testimony; and the first is this, That at Mr. Loves house, in the beginning of March 1649, I found Drake and others, and there was read a paper in the nature of a Commission, Commissionating my lord Willoughby of Parham, Graves, Titus, Massey and Bunce, to treat in the behalf of the well-affected party of England, and to join with the Scots Commissioners, according to such Instructions as should be therein inclosed. And this question being asked, What power have we to give or send such a Commission? Drake answered, We have the Kings Command for it, and the authority of some secluded Parliament men; for I look upon them beyond the Power that is now sitting. Whereupon Mr. Love replyed, Come, come, let it go. You have heard Huntingtons testimony, and Mr. Loves paraphrase upon those words. The next is Adams. At the same time a Commission and instructions were spoken of at Mr. Loves house, to be drawn up and sent. As I remember, Mr. Gibbons brought the rough draught. I am very confident that Master Love was there some part of this time; and it was in his Study, where this was generally consented to. The Instructions were there agreed also, and read by Drake, as I remember. Sterks the Scotish Agent met with us sometimes at Master Loves house. This is what was testified by Adams: There is another to this, and that is Captain Far: William Drake read there a paper, of the nature of Commission, which was not agreed to by the Company, because private persons had no authority to give Commission. The Commission was in the name of the Presbyterian party. A letter and instructions was then agreed upon, The Commissioners were to be the Lord Willoughby of Parham, Bunce, Massey and Titus; who was to move in the behalf of the Presbyterians: Papers then were read, to have been sent to the Queen, to persuade the King to give satisfaction to the Scots. But they were not assented to. My lord, I have done with this that concerns this meeting; and now I shall apply that which I intended and spoke of before. The Design you heard, that (my lord) was at the Swan at Dowgate, was treasonable enough in conscience, high enough; a partie employed to agitate! And though we do not find Mr. Love to have been knowing or privy to it at first; yet, my lord, if there be a Treason hatch'd and designed, a partie sent in it; and any subsequent act of any other party, that shall come into this, and approve of it, and join in it in what way soever, This man, my lord, is guilty of the first transaction of Treason. So that though Master Love did so walk under ground, that we cannot bring him in to be knowing at first, yet I bring him approving at last: And, my lord, though here be his first appearing, it is enough and too timely; And my lord, Titus departing, and an account given of all; and for ought appears, not to be proved by me, nor by any for the Commonwealth, whether Master Love did approve or not; or how far he went in it. But he was present, and at the debates and discoursings about it, and actings in it. My lord, this is far from misprision of Treason; for misprision of Treason is a bare silent act, that carryes nothing of discourse nor debate with it: it is a simple act of omission. But when Treasons are hatch'd, and are design'd, and others shall come and treat, and debate, and discourse upon carrying them on; my lord, by the subsequent act he has approved of all that pass'd before, and made himself partie to it. Here is an account given by Titus of what had pass'd there; this is brought into Master Loves house; there are debates concerning a Commission: whether they took the KING for the Authoritie, or the King wrote of it, it does not much move me. A copie of a letter from the King was read there, let them take it among themselves as they please. Here was a Commission debated, and Master Love acknowledges he debated against it. My lord, under favor, if he had declared an utter dislike, and (as he himself says) a detestation and abomination against it! But he goes on, though not in that particular, yet in another; and he is guilty of all. In Treason there are no Accessories, all present are Principles. The crime of Treason is beyond the crying blood of murther, one is but private, the other is public; so as, my lord, though Mr. Love acknowledges, that he so far owned the Narrative from Titus and the proceedings there, the reading of it, but did dissent from the commission, and did speak against it, and at present I shall take it so too; yet for the instructions sent, and for the commission named, you have had four witnesses named to you; my lord, dissent will not serve his turne, and yet to that there is not a pretence of a dissent from the instructions, and what was sent, and that is a consent and concurrence, and that is an approbation of all precedent actions, and makes himself a party in it, and that is by one witnesse; and, my lord, you have heard by Master Serjeant Witherigton, that to every circumstance there needs not two witnesses, but to the design there must be two; and Adams himself says it was proposed to have given Titus money, as you shall hear by and by; and Far tels you, that there was going on so farre in it, that a paper was read for letters to be sent to the Queen to move her to persuade the King, but that was not assented to; but it was moved among them. My Lord, The next thing I shall take, as near as I can, was when this was done, and this transaction past over, and the instructions sent, that were agreed upon for Commissioners at Bredah, then begins the troubles in Ireland. You have heard of a Paper Book sent, written in sack, and returned a year after; that comes next: There was sent over from Colonel Bamfield (Mr. Love says, he knew not the face of the man) but he lik'd his employment it seems, that would be privy to such proceedings from a man he knew not. There came a servant over, I take it from Bamfield, and that was about Christmas last, that is the time exprest after Dunbar fight. My Lord, This was brought, the letter was delivered to Potter, and their Superscription was singly with the letter L. which I may say, may be better applyed to Master Love, then to any other, all circumstances considered; yet I shall not conclude from it, but though he says, he had no letters directed to him, I shall say as truly, that they were directed to him, as much as to any man else, and a little more; for Master Love was very unfortunate, that these letters should be brought to him, read in his house, the transactions there, and Mr. Love to have no hand in it; this is hardly to be believed. My lord, in the next place are these letters that came from Bamfield: if it please you, for that I shall read Potter. I received letters out of Scotland from Bamfield, with the letter L upon it, wherein was a large Narrative of the affairs of Scotland, from Dunbar fight, to the time of the date of them, which (I think) was about Christmas. I carried those letters to Master Loves, where was one or two more with us, Jaquel, and I think Doctor Drake, we three I am sure of it. There were letters from a namelesse person, whom we supposed to be Master Baily; and a letter from my Lords of Argile, Louthain, and Lowden. These letters wrote for ten thousand pounds for buying of Arms and hiring of shipping; and for five thousand men to be landed in England. These letters were dislik'd and dissented from; and it was agreed to give a negative Answer: And we thought fit (for our own safety) to raise some money for the messenger and Bamfield: the [reconstructed: sum] agreed on was forty pounds; to which I contributed ten pounds. I carried the letter to Mr Loves, to take advice upon it. Mr. Love and I, and Jaquel read those letters that were opened, and those that were not opened, we did open and read, and discourse on them; and upon advice resolved to do nothing in it: Neither did they reveal it. And then being demanded, whether at Mr. Loves house there was not a discourse for raising 4 or 500 l. he answered, There was. Being demanded whether letters were not returned to Bamfield, with the money sent him; He answered, A letter was left at my shop, and I apprehended it came from Master Love, or Mr. Drake. (and Jaquel being demanded whether Mr. Drake and Mr. Love were not appointed to draw up the letter? he answered, Yes, they were.) and that is Potters testimony. The next mention is, that Iaquel was present there, he is sure of it; Master Love himself, and Jaquel. This is Jaquels testimony; At a Meeting at Mr. Loves house, Master Love being present, It was thought fit that forty pounds should be raised for Bamfield. A letter was read from Bamfield at Master Loves house, Mr. Love being present; Mr. Love declared, he never saw or knew Bamfield. The letter was for five thousand pounds to hire shipping. And another letter from my lords of Argile, Louthain and others, at the same time and place was read, to induce the Confederates to give credit to Bamfield. Potter moved that ten pounds might be given to the messenger that brought the letter, and thirty pounds to Bamfield: which was considered of, and nothing said against it. There was no agreement; but it was thought convenient by all then present. Upon this Mr. Love ask'd Mr Jaquel a question, and he said, I cannot say that Mr. Love said, It was convenient: but it was not dissented from, or spoken against by any. My lord, I suppose this is a faithfull relation of what the witnesses said. My lord, you have heard of this, and the time when it was; That Bamfields servant was sent, and letters brought from Scotland, giving an account of proceedings there: letters from Argile, Louthain, Lowden, and Belcarres, to give credit to what Bamfield should relate: money provided, though not the sum nor the means those letters did hint to them; perhaps their purses could not reach that; but so far as they could goe, they would; they would reward him that brought it, and him that sent it; and thereupon 40. l. was provided, ten pounds for the messenger, and thirty pounds for Bamfield. In this repetition I think I have not wronged Mr Love. The next is the letter that came from Massey and Titus, who were then in Scotland; and in what condition I think every man knows; in what condition they are there: though by the way, I should be sorry to repeat that which Mr. Love did say the first day, That it did not appear to him, that the Scots were in arms against the Parliament of England, but in arms for their own preservation; and therefore did desire Council; here was one of his reasons why he desired council to be informed, To advise him whether they were in arms for their own preservation, or in opposition to the Parliament of England: This was that Mr. Love was pleased to say the first day. My Lord, this of Massey and Titus gives them an account likewise of the affairs in Scotland after Dunbar fight too. If you please, my lord, I will read you three witnesses to that, and that neither does Mr. Love deny, but that these letters were read at his house. This is Major John Alfords. After Dunbar fight, we met at Mr. Loves house in his lower room, where a letter from Massey was read, which gave an account of the fight there; wherein he also wrote for Arms, mentioning his own and Titus necessities. Thereupon a proposition was made for raising of monies for the supplying of their necessities; and five hundred pounds being proposed, it was brought down to two or three hundred pounds, to be raised among our selves: Mr. Love did then move for contribution of money to that purpose; and I thereupon promised ten pounds, which my man paid. This, my lord, is the testimony which Alford gives, as to this concerning Massey. The next is Adams. When the money was proposed to be raised for Massey and Titus, certainly Mr. Love was then present; and this after the Fight at Dunbar: And the money was agreed to be raised by those that were privy to the correspondence; Mr. Love had then a paper in his hand, and did write some thing, I saw not what he did write, and so every man that was there did write what he would lend, I conceive Mr Love summed up every mans sum. Masseys letter was for arms, and the money proposed was for Titus and Massey; For Titus, because he was sent by us: and Mr. Love was there. This, my Lord, is Adams his Testimony; and though he did not know what Mr. Love writ, yet he knew what Mr. Love moved. My Lord, Here is another, and that is Captain Farr, which I shall make bold to read to the Court likewise, concerning the same action. After Dunbar fight I came somewhat late to a Meeting at Mr. Loves house, where Mr. Love told me a letter was come from Massy, to assist the King with Money and arms, but it was not agreed that any Money or arms could be sent. And I understood from Mr. Love they could not do it. Mr. Love then likewise told me, they agreed to raise a sum of money for Titus, Massy, and Graves, and to be sent to relieve them in their necessity; which sum, whether it was 250 l. or 300 l. I cannot positively say; but Mr. Love moved me to contribute; I told him I would give him five pound, which I brought wrapt up in a paper, and laid it down on Mr. Love's Table, Mr. Love and several others being in the room; it was so done that there might be no discovery. And Mr. Love asking him some Questions upon this, whether it it was done so by Mr. Love or no, he did not know that, but it was done so by himself, that there might be no Discovery. My Lord, Mr. Love did not disagree; Far being crosse examined by Mr. Love, did not say that Mr. Love did disagree to the sending the money to Massy and Titus. So I have done with that particular likewise, the receiving letters from Massy, and of the account from Scotland, and the fight there. That which Adams says, Mr. Love having replyed to it, concerning a letter writ to the General Assembly and Kirk of Scotland; and in that, my Lord, he is pretty positive. Adams Testimony is; There was a letter written to the General Assembly and Kirk of Scotland at Mr. Loves house; Mr. Love was sometimes present at this meeting: which letter was taken to be penn'd by M. Love and Mr. Drake, and I thought it to be so because of the language of it; and that after Drake escaped all the meetings I know of, were at his house; and so my Lord, say some others. Being examined, he says, I saw letters which were read in Mr. Loves house, Mr. Love was present and privy to the debating of them, and did not declare any dissent. My Lord, I have now done with these particulars, you have seen Mr. Love at the end, though you found him not at the beginning; it is not good to come at the ending of the Quarrell. But, my Lord, under favor, by the laws and rules of Justice, if any ill thing be contrived and plotted, and afterwards any other person shall come into the contrivance of it, and carry it on; My Lord, I think I shall not need to say much in it, but he is culpable and guilty of the whole, from the first to the last: And that Mr. Love should be but a mere spectator, a mere concealing person, it is very hard to be believed by any that are rational men; for after that once Titus has done his errand at Jersey, and gives his account here; my Lord, that his transactions, and the subsequent employment, all that we know of, are all transacted, and carried on in Mr. Loves house, in Mr. Loves Study, in Mr. Loves presence: It was not one or two, or three times, which had been enough, and very well had it been for Mr. Love, if he had done as Bayns did, or as Barton did; they when they heard (though that were too much for them, My Lord, to conceal, as they have done, yet did confess it when required) they left off when they heard of it, they would go no further in it, they knew the danger of it. Mr. Love, my lord, as you will hear anon, by what himself has proposed, what judgment and conscience led him to carry on this; it was a conscience of his own Covenanting interest and principles, for the Scots, and Religion that led him on to carry on this Design. My lord, I have done with this, that is the evidence against him; for Application to it, you have heard the several laws read before the charge opened, that man is guilty of High treason, and is a Traitor by the laws of the land now, that does any way promote, declare, or publish Charles Stewart to be King of England. My lord, you have heard the evidence, what Titus has plotted, what Drake has carried on, what Mr. Love has approved of, and how far he has consented and joined in the design. My lord, I shall say it again, if Titus and Drake be traitors, as their own guilty consciences have made themselves judge themselves so; he that flies confesses the fact; My lord, they are fled. My lord, if they be traitors, Mr. Love must be the same with them; for Mr. Love was carrying on, and has agreed, and concurred, and approved of carrying on the Design that Titus and Drake have acted; Consenters and Agents are to have the same punishments; in Treason there are no accessories. My Lord, the next point is this; the next Act is that of the 17. of January, 1649, Having given you the evidence, you will give me leave now shortly to repeat the Law. The first is, for promoting Charles Stewart, &c. That if any person shall maliciously and advisedly plot, contrive and endeavor to stir up or raise forces against this present Parliament, and for the subversion of the same, and shall declare it by any open deed, &c.My Lord, Mr. Love is pleased to express himself that none can accuse him, nor none have sworn against him, that he has raised any Seditions, any Insurrection, any Rebellions; my Lord, I cannot say it fully, whether he be guilty of that, or no; but this I will say (the judgement I shall leave to the Court upon the evidence heard) if Mr. Love be guilty of any thing moving or tending towards the raising of Forces, Seditions, or Rebellions, though the thing be not done, yet, my Lord, it is Treason, those practices; those purposes are Treason by the law, though they never come to act; we shall not look, I hope, to see a Rebellion raised before we shall say it is Treason, and endeavor against it; but for that, how far he is guilty upon the evidence of being instrumental of the war in Scotland, and to have endeavored to have a party got in England; my Lord, I shall leave it to your judgment upon the evidence you have heard. My Lord, There is likewise another in the same law, If any person procure, invite, agree, aid or assist any Forraigner or Stranger, to invade England or Ireland, or adhere to any Forces raised by the Enemies of the Parliament, or Common-wealth, or Keepers of the Liberties of England; this is High Treason; for this you have heard the evidence what Mr. Love has done towards this, still upon the same foot of account it is Treason, though but proposed and intended, though not acted; then there is another clause upon the law, that Mr. Love has insisted upon, of constituting this Court. But for those former I have said, and you shall give me leave to repeat it again, that these laws offended against, though in time before this Court was constituted, yet this Court has, in express words, commission and Authority given them by the Parliament, to take cognizance of all Facts and offenses, done after that Law, though done before your Commission; and that, my Lord, is not to be doubted, to be a very good and legal Authority: And yet for this the law that constitutes this Court, of the 26th of March 1650. That no person after the 29th of March 1650, shall give or hold any Intelligence by letters, messages, or otherwise, with Charles Stewart, James Stewart, or the late Queen their mother, or the Council abiding with any of them, prejudicial to the Commonwealth, or with any that shall be in arms against the Parliament of England, or shall bring or send into England, Ireland, or any Dominions of this Commonwealth, letters, messages, or instructions, tending to raise insurrections or a new war within this Nation, and shall not forthwith reveal the same to the Speaker of the Parliament, or to the Council of State, or two Members thereof, or to two Justices of Peace, shall be guilty of, &c. that is a clause in the law that constitutes this Court. And no person shall voluntarily relieve any person in Arms, or that shall be in Arms against the Parliament, with any Money, victuals or Ammunition, on pain of death of other corporal punishment. And whoever shall voluntarily take up Arms against the Parliament, and shall encourage others to do so, shall die without mercy. These, my Lord, are clauses contained in the Act that constitutes this Court; and I read the law before the charge; and now, my Lord, I have repeated the evidence faithfully, now let it be considered how far the evidence goes with them: There are there Acts of Parliament, I suppose Mr. Love knew not of the next, for he says, he knew not of that of the 2nd of August, but it was published solemnly at the Exchange, and at Westminster Hall; but ignorance cannot excuse him, that no man will pretend. This, my Lord, is in relation to Scotland, it was made in August: The Battel at Dunbar, I cannot well tell whether it was in September or October; in September this correspondence from Bamfield, Argyle, Lowden and Lowthen, Belcarris, Massey and the rest, were all since Dunbar fight; that is clear, they were since that time; the words of the Law are these, Whoever, after the 5th of August, shall use, hold, or maintain any correspondence or intelligence with any of the Scots nation residing in Scotland, without license from the Parliament, or with any other person or persons of the Scottish or any other Nation, whom they know to adhere to the Scottish Nation against the Parliament; or shall abet, assist, countenance or encourage the Scottish nation, or any other person adhering to them in their war against the Parliament and Commonwealth of England, or shall send, or cause to be sent and conveyed any money, horse, arms, Ammunition, or any other furniture of Plate, Goods, Merchandise, or any supply whatever to the Scots, or to any port or place thereof, or in their power, or in confederacy against this nation, these facts are High-Treason by this Law. And the high Court of Justice are to take cognizance of the Contents by express provision of that Law. My Lord, I shall not need to repeat the evidence again, but upon these (my Lord) I must leave him to your justice and judgement to do what in your consciences you think is just upon these Laws, and what M. Love has done in transgression against them. My Lord, M. Love was pleased at the beginning of this Trial, to make some deep protestations, I think he did move all honest men that heard him, and truly I did think and did hope, that they were not made with any relation to equivocation, or mental reservation; but to a positive denial of any facts of Treason, or looking that way; that it had been made in that sense, that he had been clearly not guilty of any thing: But (my lord) having looked upon them, and caused them to be transcribed to me, I do find that they are somewhat cautious, and perhaps they may be true, my lord, in the sense spoken by M. Love, but whether true in the sense they should have been spoken by a Christian in a public Assembly, that I shall not judge. His first protestation was, in the presence of God and this Assembly, that I never wrote any letter to the King, or to the Church, nor to the Queen, or Church and State of Scotland in general, or to any particular person of the Scotch Nation, since the war began to this very day. My Lord, this may be true, but whether any letter has been sent from the King, or from the Scottish Nation, or others, or by Massie or the rest, that shall be believed as the evidence is.

Mr. Love: It is in my second protestation.

At. G.: Again (says he) I do likewise declare in the presence of the same God, I never received letter written to me from the King, or from the Queen his Mother, or from the Church or State of Scotland in general, or any particular person of the Scottish Nation since the war began. I protest and declare likewise in the presence of the same God, I never collected, gave or lent penny of money either to send into Scotland, or any foreign parts, either to the King of Scots, or to the Queen his mother, to the Church or State of Scotland in general, or to any particular person of the Scottish Nation since the wars began; but that Mr. Love did not move others to contribute we have not a word of that. Truly, I did think it when he spoke it. But it seems these asseverations were studied to evade, and that he would speak true, but not the whole truth. I have given them but a touch, these may be true, my lord, but under favour there is something else that is as true, and goes almost as near as this. My lord, Mr. Love the last day had your patience and justice to make a large Defence, and he was very large in it; and though he did beat us down, that are the Counsel for the Public, that we should not use Oratory, nor flourishes, nor quirks of Law, nor niceties, in which I shall be guided by him, and shall not do it; yet he is pleased fully to make use of all insinuations to the Court to trip up every Witness upon niceties, upon not expression, upon nonsense, and such (my lord) which I shall not follow him in: for I shall deal as truth ought to deal in pure nakedness and simplicity, and not to use any Oratory, but to set the matter of fact before you, and leave it to the Court, who are the Judges between the Commonwealth and himself for life and death. But, my lord, you shall give me leave to touch upon some few things in the late Defence of his, it was divided into four parts. The first, the Charge; the second, the Witnesses and Testimony both in one. The Witnesses for the persons, the Testimony for the fact: the third, concerning himself; the fourth, some proposals to the Court, which truly (my lord) might better have been termed rather threatenings, than proposals. My lord, for the Charge, you have heard it has been gone through, and the evidence concerning it; concerning the Witnesses (my lord) I have read to you (for I do take it upon my conscience) what I knew, and nothing but what was true, I have not varied that I know of a syllable, and I think I ought not to do it, the duty of my place requires it not from me. My lord, concerning himself, he is pleased to say something, and much of his merit, but (my lord, it is a grief to this Court, to myself, and all that are well-wishers to the public, that any man that has been a friend to the Parliament, that has gone along with them, acted for them, suffered for them, done as he has done, that this man should be called to public Justice; I hope (my lord) all that hear me bear witness, that I think (my lord) we are all sensible of it. But, my Lord, look upon who has been the cause of it, let that be looked into, and every man will be satisfied in his own judgment and conscience, whether Mr. Love were provoked or no; or whether he has not provoked the State to bring him to be thus exemplary in Justice. Mr. Love says, (my lord, I shall desire to make use of the paper) I confess it is not so much the danger of my life, 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 your hands, for whom I have done and suffered so much in my obscure station, and according to my weak measure. Had I been so dealt with at Oxford at the Junto there! but to be so dealt with in Westminster-hall, this troubles me. And my Lord, it does trouble me to deal so with him. My Lord, whether may we or himself better take up this complaint? Had the State been thus used by a Cavalier, by a [reconstructed: professed] open enemy, it had not been so much trouble to us, you would have come to justice upon a little more desire than now: But that Mr. Love, a Minister, a Minister of the Gospel, a man that has preached for us, prayed for us, acted with us, gone along with us, that he should go to undermine us, that he should be joined, or in confederacy with others to undermine the State, where he did live peaceably and quietly, where none interrupted him; he had a free liberty, as much as a King in this Commonwealth: Truly that Mr. Love should do this, it is (I think) an aggravation, and not an aggravation upon the Court or State; that they should prosecute where a man is prosecuting them; what he has done, my Lord, you have heard; what his offences have been, and who gave the cause, that a Minister should do this, one that had a calling elsewhere, and better to employ himself, than to meddle with States, and Secular Affairs; and these things to be done in Mr. Love's house, and in his Study, where he should have been studying better things. My lord, next he says, I could not leave such relations as I have, nor such a loving people and competent living as any Minister has within London, only Conscience carried me another way, and till Conscience be satisfied, I cannot stir one jot. My lord, this his Conscience, I do not know what it has to do in Government, or what Mr. Love's Conscience had to do in these affairs: He had a calling of his own to use; and should I go out of my calling and meddle with other men, I humbly conceive, I were a busybody. Mr. Love had a calling enough for any one man to employ himself in, and I think, when he says he had such a relation to a loving people, a competency of livelihood, that he should not apply himself to return to them, but to wander abroad; and when we once wander, it is hard coming in again, till perhaps we are fetched in again with the whip. But (my lord) Mr. Love had other relations of wife and children, which he might have looked upon also, and taken care of them. In the last place, he is pleased to say, (and that I believe has carried on this design) the Covenant Interest; you have heard what Titus did, what Drake did, and what the rest did, that all this it was upon the Covenant, and the Covenant is urged, I am sure, to things the Parliament has forbidden. Mr. Love is pleased to declare himself still to retain his old principles, from which (by the grace of God) he will not be taken off by any terror. My lord, you will hear by and by what the Covenant he supposes leads him to, and (my lord) I shall take it apart, and bring it next, if you please, that is, the Covenant Interest. Says Mr. Love, Though I own not the way of managing any papers, I neither wrote them, nor sent them, yet thus far I own the thing, I confess it was agreeable to my judgment and conscience, and I thought the interest of godliness would be more promoted if the King went into Scotland upon Covenant-terms, it would be more for the good of the Nation.

M. Love.: No Sir, those are not my words, I said, than to fall in with the Irish Rebels, or to offer this Kingdom to the Spaniard. I thought a greater foundation of trouble would be laid, if this reception were not laid by that nation: and the Covenant has a clause in it, that we are to seek the good and union of both nations; and they are judged to be incendiaries and Malignants that not only divide the King from his people, but the kingdoms one from another. 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, that there might be an agreement upon those terms consisting with religion, and the terms of the Covenant.

Attorney General: But had you gone on as a private man, Mr. Love, we had not stirred you now: My lord, this is plain of itself, what interest this Covenant-interest is, till the King and the people in the two nations, etc. Truly, my lord, Mr. Love is pleased to express himself somewhat obliquely against the present government. He says, My Lord, When I look upon all the vows, covenants, declarations, protestations of both Houses of Parliaments, I find a suitableness between my judgment and them, and am not conscious to myself of anything I have done in opposition or contradiction to them; I repent not of whatever I have done, though I could wish 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 from repenting of what I have done, both by doing, and contributing, and suffering in the Parliaments' quarrel, that were it to be done 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. After this, where he had mentioned his troubles at Oxford, when a scholar there, and at London, when he came to a lecture here; at Newcastle, when he spoke for the Parliament there; and in Kent, when he spoke against the King there; when these were over, after this he had a little breathing, while the two Houses of Parliament were in power: This gentleman was troubled in the time of the King, in the time of the Bishops, in the time of these wars, for being for the Parliament: But I appeal to his own conscience and judgment, whether ever he was troubled or disturbed by this Parliament, or by this government of the Commonwealth, whether he had not as free and as full liberty to preach the gospel, to instruct others, and to save souls, as his heart could wish; and I desire to know whether ever the Parliament did interpose with him, till he did interpose with us. He went out of his way, my Lord, he was quiet and safe in as much security as any of us; and, my Lord, even those that were the watchmen for the safety of this Commonwealth; did watch and take as much care, even for his preservation, as for any one of ours, and thus he has required them. My Lord, I will repeat it; I appeal to his own conscience, and to any of his friends here, whether ever, till his judgment and conscience did interpose in state affairs, to dispose of kingdoms and commonwealths, whether ever [illegible] were in the least interrupted. My Lord, He says himself, when he came to be a lecturer in London, the Bishop would not admit of him in three years, yet (my Lord) he is admitted here three years, and none has interrupted him; and yourself say, you have a competent livelihood, and a people very loving to you, and you might have so continued if you would. My Lord, His proposals to the Court, I do say, were hardly fair proposals, for they had a little of threatening in them; For (says he) if you censure rather upon a political interest, than of the merit of the fact, the Scripture counts it not justice, but murder: Truly (my Lord) I think justice is a political interest, the preservation of the general; but surely I do not think the person will come in judgment before you, but the merit of his fact; and as yet I may say, I suppose the treasons he has committed, if those find him guilty, if the Court finds him guilty of those facts laid to his charge, and if you are satisfied in your judgments, that they are proved — my Lord, it is justice, not murder; and it is justice, that which political interest requires of you, that justice be done upon the prisoner. And he is pleased to say in his last defense, that he denied the commission to be sent, and entitling the Presbyterian party to it: and he has acknowledged it had been very high presumption if they should have done it, and a notorious falsehood: and in that I join with him; and whether he has not done so (my lord) that I shall leave to you. That the Presbyterian name was made use of, you have had many concurrent evidences, and Mr. Love was present when these things were mentioned; and if it be a fault which himself has acknowledged, it is right done to the Presbyterian party, who, I am sure will not own him in it. My Lord, But a word more; this last day he was pleased to mention his sermon, which made me a little to inquire after it, it was preached at Uxbridge (my Lord, I had the honor to be at the Treaty) which has been so much spoken of, and truly I wonder this gentleman did not remember what he said then; if you please (my Lord) I shall put you in mind of some passages: I have the sermon here. [Mr. Attorney General reads out of the book which he said was Mr. Love's sermon.] I have ever thought that too much mercy towards malignants, has made more delinquents than ever justice has done. Mercy should not weigh down justice (my Lord, these are good instructions) in God they are both equal, why should it not be so in man? Pity to the bad, has proved cruelty to the good; the sparing of offenders has made many worse, few or none better (and my Lord, we know it.) To them that have shown no mercy, let judgment be shown without mercy; much guilt contracted, much innocent blood spilt, which either must be avenged on us, or by us; my Lord, that is one of his clauses, and here is another: 2. The Lord heals a land, by cutting off those distempered members that endanger the health of a land (here is good doctrine my lord) It was the Lord troubled Achan and cut him off, because he troubled Israel: Oh that in this our state, physicians would resemble God, to cut off those from the land who have distempered it; I suppose he meant, or shall do; that (my lord) was his opinion then: And those who lie under the guilt of much innocent blood, are not meet persons to be at peace with, till all the guilt of blood be expiated, either by the sword of the law, or the law of the sword; and a peace can never be safe nor just till then. What Mr. Love has endeavored since (my lord) I shall say nothing; and I have but one word more, and it is this, my lord, he says it is not likely to have a peace with such men as these, the malignant party, while they continue thus. We can as soon make fire and water agree, indeed, I had almost said, heaven and hell, as their spirits and ours; for either they must grow better, or we worse, before we can agree. My lord, I think there is little hope of their growing better, and my lord, we have not grown worse. My lord, I shall trouble you no further, I shall use nothing of aggravation, but as justice is blinded, to let the evidence appear to you in pure nakedness. My lord, you have heard the evidence (as I humbly conceive) in the same language, in the same [reconstructed: guise], in the same words as spoken by the witnesses: And (my lord) having heard those, and the laws, and the charge against him, upon the whole I shall humbly leave him to stand, or fall by your justice and judgment.

M. Love.: My Lord, I humbly crave leave to speak but one word, M. At. Gen. has replied to my defense as to the matter of fact; concerning his Reply I shall not insist upon it, yet I shall humbly crave leave to insist upon two particulars.—

At. Gen.: If I have given any new evidence, Mr. Love ought to be heard; but (my Lord) I have declined it; and for those passages in his Sermon, I do not urge one word of evidence against him, and for the rest they are his own words which he has said the last day, and I have brought nothing new before you, and if the Sermon preached at Uxbridge should be an occasion, I shall cast it aside.

Mr. Love.: I humbly conceive there are new suggestions expressed in Court by those worthy Gentlemen, whose names I know not, nor their employments neither; but as to those I shall humbly crave leave in a word or two; and then as to the whole matter of the depositions I shall humbly offer some matter of law arising upon the whole matter given in.—

At. Gen.: I shall crave leave too (my Lord) and leave it to you, for any suggestions, they are but suggestions, as Mr. Love says himself, and that is nothing for the evidence: Mr. Love (my Lord) had the last day, & I should have this day; had he said he had anything to say, or if he had had anything more, he might have said it, I did wait if he would have said anything: But (my lord) when the whole was closed, and no new evidence: I did not answer all the suggestions of M. Love the last day, his evidence & depositions will conclude the Court, that it is not suggestions and insinuations, the Court are above those; when the evidence is closed for the Commonwealth, let it be concluded there: if they offer any [reconstructed: new evidence], Mr. Love may have liberty to answer.

M. Love.: Though I dare not tax M. At. Gen. for discharging his duty in his place, yet for the preservation of my own life. I must not be wanting to myself, if your Lordship and the Court will give leave, and that is humbly to beseech your Lordship to take notice, that M. At. Gen. in the relation of the matter of fact in the depositions is pleased to raise the correspondency (as he is pleased to call it) as high as Jersey, and so makes me to be Particeps criminis; that I should be judged by you upon the whole matter; now Alford upon oath did declare, that Drake & Titus held correspondency, & that the Ministers knew nothing of it.

At. Gen.: I do not say you did.

M. Love.: Therefore I beseech you I may not be judged upon that matter; and then I beseech your lordship to observe that M. At. Gen. is pleased to say, he [reconstructed: would not insist] upon inferences nor strains of wit, but truly I have discerned both.

L. Pres.: You totally err from the way you ought to walk in, and take upon you to judge others. The Court will consider whether he has offered anything or not, we have Notaries, and so have you; you spent the last day only in making comments and collections, yet that you might have some liberty of discourse, we sat here patiently two hours, and did hear that which we ought not, nor you ought to have spoken; and now you are entering the same way of inferences and collections, as though we did not sit here to take notice of what was done, but we must receive the last word from you and your comment; if you had had new matter the last time, you might have been heard, we expected you would have brought new witnesses, but they were in the same crime with yourself, and you would rather betray yourself, than them: and God and the Truth than them; but we will be as careful of any comments as you yourself can be: and think that we have so much piety and charity, that we sit here with as good affections of Justice and Piety, as are in your own breast; this book was not given as evidence against you, and all that is in your comments, we shall understand it.

Mr. Love.: My Lord, I have only one motion, I have some matters in law to offer to your lordship to consider by way of exception to the Charge, and also to the depositions of the witnesses; I have a paper that I humbly desire might be read in Court as matter in law arising from the Charge, and from the depositions of the witnesses.

At. Gen.: Why did you not this before?

Mr. Love.: I am ignorant of the customs of the Court.

L. Pres.: I believe you have wronged your own breast in many things you have said, and you have said you have been ignorant, in many things that you have known very well, it is not good to dally, you will be ignorant at one time, and at another time more knowing than others.

Mr. Love.: I beseech your Lordship, it is a new suggestion of the Att. Gen. that concealment of Treason for a tract of time, is Treason.

L. Pres.: There is no new words of suggestion; if Mr. Attorney has not spoken it, not read it according to the truth, we will examine it.

Mr. Love.: He has done it with disadvantage to me.

L. Pres.: If he have, he shall not do it with disadvantage to us, for we will be as indifferent as your own breast; therefore be not you a commentator of that, we understand so well as God enlightens, for whether he has done it with advantage or disadvantage, that is our part to consider.

Mr. Love.: I desire to have counsel upon this matter of law arising from the evidence; that concealment of Treason by your Acts, suppose it be for continuance or tract of time, yet by the law it is not Treasons: and my counsel informs me, that the Act of the 26 of March, that constitutes this Court, gave you power to inquire into Treason, but could not take cognizance of misprision of Treason, till there was a subsequent Act: therefore I desire this favour, that seeing it is so much suggested in Court, and seeing the witnesses none can prove a personal Act of mine, to bring me under your law, as to Treason, I desire my counsel to clear this, that concealment of Treason, though for never so long a tract of time, is not Treason by the law of the land.

Attorney General: I will put Mr. Love out of that scruple — he is not charged for misprision of Treason, though I could have done it; but that I insist upon is flat Treason. It is true, Sir Thomas Witherington was pleased to express it in the way of Argument — that concealment of Treason long comes to be Treason; but here are acts, and I insist upon the evidence, and the Court will judge, for they have heard the evidence.

Mr. Love: I beseech your Lordship that the paper might be read — the exceptions that I have against the Indictment, and the matters of law arising from the evidence.

Attorney General: My Lord, truly I profess, I hope I am not in my nature cruel, that I should do injury to Mr. Love; but, my lord, I cannot favor him to do injury to the law of the nation. My lord, he has one by him that has taken every word of the charge.

Mr. Love: I did plead upon your lordship's promise, that I should have a fair and impartial hearing, and if matter of law did arise from matter of fact, which could not, you said, be known until the witnesses were deposed, I had your lordship's promise, and I think the Court's, that I should have counsel to plead to matter of law.

Attorney General: My lord, I think there is no legislative power in this Court to change laws. My lord, I appeal to all here — whether the evidence we gave were not closed upon Saturday, and all the depositions; whether Mr. Love did not take care and pains to make his own Defense, as to matter of fact, and spent so many hours on Wednesday last. My lord, he had all before that; if he had matter of law, it was more proper to move then; but when he has gone so far, and we have closed all, do but consider the consequence — that when this is done and all the evidences heard, then to come with matter of law!

Lord President: Mr. Love, that you have said up to now is nothing but of the same nature of that you said the last day, and the Court will take it into consideration and judge of it; but if you have anything in your paper, that is so included upon the evidence — for I tell you the evidence was ended the last day, and your reply; and if you had anything, you should have offered it the last day. There has been nothing new offered concerning you, but as it is usual for the Counsel for the State to state the matter of fact to the Court, for they have the last word; but you had fully ended before, and shall we go out of the way for you, more than for a whole generation which the law runs to? I do not know how to do it; you had this paper in your pocket, you might have pulled [illegible] out, and you [illegible] had time in a nearer degree to it; yet the Court is willing, if you [illegible] Counsel, shortly read what you read upon for matter of law, they will hear it, if such exceptions as are not of your own, but by the advice of Counsel.

Mr. Love gives in his Exceptions.

Exceptions taken by Christopher Love, Clerk, to the Charge of high Treason, and other high crimes and offenses, exhibited to the high Court of Justice against him, by Edmund Prideaux, Esquire, Attorney General for the Commonwealth of England.

These Exceptions are not here printed, for that they come in more properly afterward, being again in substance given into the Court, and signed by Mr. Love's Counsel, and the substance of them then debated in court by Mr. Hale, a Counsel for Mr. Love.

Attorney General: My Lord, you have now some fruits of the Notary. By the law of England, he that is impeached of high Treason is not to have the copy of the Indictment; it is said, the Court are judges for the prisoner, and Counsel for him: to you all things be substantially charged. That there is a substantial charge, the evidence makes out. But this precedent being admitted, and the former of Lilburn's cited, I shall have little encouragement to go on with any charge of indictments.

Lord President: Though it be more than the law permits, yet the Court will take consideration of it.

Attorney General: He did read his papers — I think it is more than ever was heard of in any Court in the world; but to take his papers in by your Clerk — I hope this is no replication to the charge, I hope he answers not that way; then we shall dispute that way again. If he gives papers, I may, and as ambassadors, treat by papers.

Lord President: Mr. Love, we have gone out of our way for you, and whatever has been suggested by the Counsel this day is nothing, unless they had offered new matter; and they have offered none; and therefore it is against any law that was ever yet practiced in England. You were concluded before; though perhaps the neglecting of it might have been a prejudice to you; yet you have offered a paper which the Court will take as a paper to consider of.

The Court adjourns into the Painted Chamber, and upon their return, the Lord President speaks.

Lord President: Mr. Love, our long absence upon this account may seem to you and others that we have had something of great difficulty among us, which we have considered of. That which has been upon your papers last offered, in which you have set down the parts of the charge, and the statutes, and your exceptions — these we have considered of. But to these, though you do affirm it here to us that it is by advice of your Counsel, yet it is not under your Counsel's hand, nor your own; which in order it should be; we have considered of them, and our examining of them has taken up a great deal of this time we have been absent. We find that there may perhaps be some mistakes in your notes; therefore it is resolved, though there seem not much difficulty to us, yet you shall have Counsel; thus doing, that they shall set it down under their hands, what matter of law they will argue to, and bring it under their hands upon Tuesday next at eight o'clock, to this place, or to the Painted Chamber.

Mr. Love: Shall the Counsel have only bare liberty, or will the Court assign them to me?

Lord President: If you desire it, and name them, they shall be assigned to you.

Mr. Love: I desire Mr. Maynard, Mr. Hale, Mr. Waller, and Mr. Archer.

The Clerk was called upon to read the Order.

Clerk.: Friday, the 27 of June 1651. Ordered by the High Court of Justice, that if the Prisoners' Counsel shall under their hands assign any matters of law fit to be argued and presented to this Court, on Tuesday next at eight o'clock in the morning, this Court will take the same into further consideration.

Mr. Love.: I would know whether they are assigned to plead here in Court, or to bring a paper under their hands.

L. Pres.: If they will under their hands set down what they will stand to for law, it shall be considered, and they shall plead.

M. Love.: I humbly thank your Lordship's favor, and the favor of the Court.

Mr. Love is commanded away. The Court adjourns.