The whole triall of Mr. Christopher Love, before a pretended high court of justice in Westminster Hall containing the charge of high treason against him ... with the relation of his suffering and his speech and prayer at his death on Tower-hill / published by John Farthing, citizen of London, who took the triall in the said court in short-writing for Mr. Love, and at his own request ; to which is added The tragedy of his triall and death in very elegant verses / by the acute author of Iter boreale.
         Love, Christopher, 1618-1651.
      
       
         
           1660
        
      
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             The whole triall of Mr. Christopher Love, before a pretended high court of justice in Westminster Hall containing the charge of high treason against him ... with the relation of his suffering and his speech and prayer at his death on Tower-hill / published by John Farthing, citizen of London, who took the triall in the said court in short-writing for Mr. Love, and at his own request ; to which is added The tragedy of his triall and death in very elegant verses / by the acute author of Iter boreale.
             Love, Christopher, 1618-1651.
             Wild, Robert, 1609-1679. Tragedy of Mr. Christopher Love.
          
           [4], 120+, 13+ p.
           
             [s.n.],
             London :
             1660.
          
           
             Imperfect: all after p. 120 of the first part lacking ; only p. 12-13 remain of pt. 2 ; best copy available for photographing.
             Reproduction of original in the Harvard University Library.
          
        
      
    
     
       
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         eng
      
       
         
           Love, Christopher, 1618-1651.
           Trials (Treason) -- England.
           Great Britain -- History -- Commonwealth and Protectorate, 1649-1660.
        
      
    
     
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           THE
           WHOLE
           TRIALL
           OF
           Mr
           Christopher
           Love.
           BEFORE
           A
           pretended
           High
           Court
           of
           Justice
           in
           Westminster-Hall
           .
           Containing
           The
           Charge
           of
           High
           Treason
           against
           him
           .
           Debates
           between
           the
           Court
           and
           him
           before
           his
           pleading
           to
           the
           Charge
           .
           The
           several
           depositions
           of
           the
           Witnesses
           .
           Mr.
           Loves
           Defence
           to
           the
           Charge
           and
           Evidence
           .
           Mr.
           Serjeant
           Hales
           (
           a
           learned
           Counsell
           )
           his
           Plea
           against
           the
           Charge
           and
           Evidence
           .
           And
           the
           Sentence
           .
           WITH
           The
           Relation
           of
           his
           Suffering
           ,
           and
           his
           Speech
           and
           Prayer
           at
           his
           Death
           upon
           the
           Scaffold
           on
           Tower-hill
           .
        
         
           Published
           by
           
             John
             Farthing
          
           Citizen
           of
           London
           ,
           who
           took
           the
           Triall
           in
           the
           said
           Court
           in
           Short-writing
           for
           Mr.
           Love
           ,
           and
           at
           his
           own
           request
           .
        
         
           To
           which
           is
           added
           ,
           The
           Tragedy
           of
           his
           Triall
           and
           Death
           in
           very
           elegant
           Verses
           By
           the
           acute
           Author
           of
           
             Iter
             Boreale
          
           .
        
         
           London
           ,
           Printed
           in
           the
           Year
           ,
           1660.
           
        
      
       
         
         
         
           TO
           THE
           READER
           .
        
         
           
             Reader
             ,
          
        
         
           THou
           hast
           here
           a
           true
           and
           impartiall
           account
           of
           the
           Proceedings
           of
           the
           High
           Court
           of
           Justice
           (
           so
           called
           )
           against
           that
           faithfull
           Servant
           and
           Minister
           of
           Christ
           M.
           
             Christopher
             Love
          
           ,
           a
           man
           of
           so
           much
           and
           such
           known
           wor●h
           while
           he
           lived
           ,
           and
           of
           so
           good
           a
           name
           and
           memory
           now
           dead
           ,
           that
           as
           any
           thing
           I
           can
           say
           of
           him
           would
           signifie
           little
           ,
           so
           I
           shall
           be
           wholy
           silent
           in
           it
           :
           What
           and
           how
           extreme
           the
           Proceedings
           of
           the
           Court
           were
           against
           him
           ,
           will
           by
           this
           that
           follows
           sufficiently
           appear
           ,
           especially
           if
           thou
           dost
           but
           considerately
           peruse
           M.
           Loves
           defence
           ,
           and
           the
           Plea
           of
           that
           honourable
           Gentleman
           ,
           and
           his
           then
           faithfull
           Counsell
           M.
           Serjeant
           Hales
           ,
           against
           both
           the
           Charge
           and
           Evidence
           .
           This
           triall
           was
           formerly
           printed
           ,
           but
           not
           till
           now
           made
           thus
           publick
           ,
           the
           times
           not
           bearing
           it
           .
           The
           Court
           took
           a
           severe
           course
           to
           have
           prevented
           the
           publishing
           of
           it
           ,
           as
           being
           (
           it
           seems
           )
           conscious
           to
           themselves
           of
           their
           own
           foul
           and
           false
           play
           therein
           ;
           and
           did
           therefore
           every
           day
           commit
           my
           very
           Notes
           to
           the
           Tower
           ,
           (
           though
           they
           did
           not
           prove
           to
           be
           under
           such
           strict
           keeping
           ,
           but
           that
           I
           had
           the
           liberty
           of
           giving
           them
           severall
           visits
           )
           not
           that
           I
           think
           every
           one
           of
           the
           Court
           should
           fall
           under
           the
           same
           consideration
           ,
           for
           there
           were
           divers
           of
           them
           (
           as
           I
           am
           certainly
           informed
           ▪
           )
           that
           would
           not
           at
           all
           have
           appeared
           in
           it
           ,
           but
           upon
           the
           
           earnest
           solicitation
           of
           some
           nearly
           related
           to
           M.
           Love
           ,
           and
           that
           only
           in
           order
           (
           if
           it
           could
           have
           been
           )
           to
           the
           saving
           of
           his
           life
           .
           My
           aim
           in
           now
           publishing
           this
           Triall
           ,
           is
           not
           that
           it
           should
           prove
           an
           injury
           to
           or
           an
           irritation
           of
           any
           ,
           but
           partly
           a
           little
           to
           revive
           the
           memory
           of
           that
           now
           blessed
           servant
           of
           God
           (
           though
           I
           know
           the
           righteous
           shall
           be
           had
           in
           everlasting
           remembrance
           )
           and
           partly
           that
           the
           world
           may
           be
           somewhat
           acquainted
           with
           the
           manner
           of
           proceedings
           of
           our
           high
           Courts
           of
           Justice
           ,
           especially
           when
           they
           have
           been
           erected
           (
           as
           it
           is
           too
           too
           apparent
           ours
           have
           been
           )
           only
           to
           feed
           the
           malice
           ,
           and
           serve
           the
           corrupt
           and
           unjust
           interests
           ,
           of
           ambitious
           and
           merciless
           men
           .
        
         
           
             J.
             F.
             
          
        
      
    
     
       
         
         The
         Trial
         of
         Master
         LOVE
         before
         the
         High
         Court
         of
         Justice
         in
         Westminster
         Hall.
         
      
       
         
           
             June
             20.
             1651.
             
          
        
         
           THe
           Court
           being
           set
           and
           called
           over
           ,
           the
           Lieutenant
           of
           the
           Tower
           was
           commanded
           to
           bring
           forth
           his
           Prisoner
           ;
           and
           Master
           Love
           was
           brought
           to
           the
           Bar.
           After
           the
           reading
           of
           divers
           late
           acts
           of
           Parliament
           concerning
           Treason
           ,
           Master
           Prideaux
           ,
           the
           Atturney
           generall
           for
           the
           Common-wealth
           spake
           as
           followeth
           :
        
         
           
             Attur
             .
             Gen.
             
          
           
             My
             Lord
             ,
             you
             have
             heard
             severall
             Acts
             of
             Parliament
             read
             ,
             and
             the
             offences
             therein
             mentioned
             .
             My
             Lord
             ,
             I
             have
             here
             a
             Charge
             against
             Mr.
             Love
             ,
             the
             Prisoner
             at
             the
             Bar
             ,
             and
             I
             humbly
             desire
             that
             it
             may
             be
             read
             likewise
             ;
             and
             you
             may
             please
             to
             take
             his
             Reply
             to
             it
             ,
             whether
             by
             Confession
             or
             otherwise
             .
          
        
         
           The
           Clerk
           is
           commanded
           to
           reade
           the
           Charge
           .
        
         
           
             The
             Clerk.
             
          
           
             A
             Charge
             of
             high
             Treason
             ,
             and
             other
             high
             Crimes
             and
             Offences
             ,
             exhibited
             to
             the
             high
             Court
             of
             Justice
             by
             
               Edmond
               Prideaux
            
             ,
             Atturney
             Generall
             for
             the
             Commonwealth
             of
             England
             ,
             for
             and
             on
             the
             behalf
             of
             the
             Keepers
             of
             the
             Liberties
             of
             England
             ,
             by
             Authority
             of
             Parliament
             ,
             against
             
               Christopher
               Love
            
             late
             of
             London
             Clerk
             ,
             by
             him
             preferred
             and
             commenced
             against
             the
             said
             
               Christopher
               Love.
            
             
          
           
             That
             is
             to
             say
             ,
          
           
             
               THat
               he
               the
               said
            
             Christopher
             Love
             ,
             
               as
               a
               false
               Traytor
               and
               enemy
               of
               this
               Common-wealth
               and
               free
               State
               of
            
             England
             ;
             
               and
               out
               of
               a
               trayterous
               and
               wicked
               designe
               ,
               to
               stir
               up
               a
               new
               and
               bloody
               war
               ,
               and
               to
               raise
               insurrections
               ,
               seditions
               ,
               and
               rebellions
               within
               this
               Nation
               ,
               did
               in
               severall
               daies
               and
               times
               ;
               that
               is
               to
               say
               ,
               in
               the
               yeers
               of
               our
               Lord
            
             1648
             ,
             1649
             ,
             1650
             ,
             1651.
             at
             London
             ,
             
               and
               at
               divers
               other
               places
               within
               this
               Common-wealth
               of
            
             England
             ,
             
               and
               elsewhere
               ,
               (
               together
               with
            
             William
             Drake
             
               late
               of
            
             London
             Mercer
             ,
             Henry
             Jermin
             
               late
               of
            
             London
             Esquire
             ,
             Henry
             Piercy
             
               late
               of
            
             London
             Esquire
             ,
             John
             Gibbons
             
               late
               of
            
             London
             Gentleman
             ,
             Edward
             Massey
             
               late
               of
            
             London
             Esquire
             ,
             Richard
             Graves
             
               late
               of
            
             London
             Esquire
             ,
             Sylas
             Titus
             
               late
               of
            
             London
             Gentleman
             ,
             James
             Bunce
             
               late
               of
            
             London
             
               Alderman
               ,
               and
               other
               their
               accomplices
               (
               yet
               unknown
               )
               traiterously
               and
               maliciously
               combine
               ,
               confederate
               ,
               and
               complot
               ,
               contrive
               and
               endeavour
               to
               stir
               and
               raise
               up
               forces
               against
               the
               present
               Government
               of
               this
               Nation
               ,
               since
               the
               same
               hath
               been
               setled
               in
               a
               Common-wealth
               and
               free
               State
               without
               a
               King
               and
               House
               of
               Lords
               ,
               and
               for
               the
               subversion
               and
               alteration
               of
               the
               same
               .
            
          
           
             
               And
               the
               better
               to
               carry
               on
               and
               accomplish
               their
               said
               traiterous
               and
               wicked
               designe
               ,
               he
               the
               said
            
             Christopher
             Love
             ,
             
               together
               with
               the
               said
            
             William
             Drake
             ,
             Henry
             Jermin
             ,
             Henry
             Piercy
             ,
             Richard
             Graves
             ,
             Edward
             Massey
             ,
             John
             Gibbons
             ,
             Sylas
             Titus
             ,
             James
             Bunce
             ,
             
               and
               others
               (
               since
               the
               death
               of
            
             Charls
             Stewart
             ,
             
               late
               King
               of
            
             England
             ,
             
               who
               for
               his
               notorious
               treasons
               ,
               and
               other
               tyrannies
               and
               murders
               by
               him
               committed
               in
               the
               late
               unnatural
               and
               cruel
               war
               ,
               was
               ,
               by
               Authority
               derived
               from
               Parliament
               ,
               justly
               condemned
               to
               death
               ,
               and
               executed
               )
               several
               daies
               and
               times
               in
               the
               respective
               years
               aforesaid
               ,
               at
            
             London
             
               aforesaid
               ,
               and
               at
               sundry
               other
               places
               of
               this
               Common-wealth
               ,
               and
               since
               this
               Nation
               was
               setled
               in
               the
               way
               of
               a
               Common-wealth
               or
               free
               State
               ,
               as
               aforesaid
               ,
               did
               traiterously
               and
               maliciously
               declare
               ,
               publish
               ,
               and
               promote
            
             Charles
             Stewart
             ,
             
               the
               eldest
               Son
               of
               the
               late
               King
               of
            
             England
             ,
             
               to
               be
               King
               of
            
             England
             
               (
               meaning
               this
               Common-wealth
               )
               without
               the
               consent
               of
               the
               people
               in
               Parliament
               ,
               first
               had
               and
               signified
               by
               Authority
               and
               Ordinances
               to
               that
               purpose
               .
            
          
           
             
               And
               further
               ,
               to
               carry
               on
               and
               accomplish
               their
               said
               traiterous
               and
               wicked
               designe
               ,
               he
               the
               said
            
             Christopher
             
             Love
             ,
             
               on
               severall
               daies
               and
               times
               in
               the
               respective
               yeers
               aforesaid
               ,
               at
            
             London
             
               aforesaid
               ,
               and
               in
               divers
               other
               places
               within
               this
               Common-wealth
               of
            
             England
             ,
             
               and
               elsewhere
               ,
               together
               with
               the
               said
            
             William
             Drake
             ,
             Henry
             Jermin
             ,
             Henry
             Piercy
             ,
             Richard
             Graves
             ,
             Edward
             Massey
             ,
             John
             Gibbons
             ,
             Sylas
             Titus
             ,
             James
             Bunch
             ,
             
               and
               other
               their
               accomplices
               ,
               as
               aforesaid
               ,
               did
               traiterously
               and
               maliciously
               invite
               ,
               aid
               ,
               and
               assist
               the
            
             Scots
             ,
             
               being
               forraigners
               and
               strangers
               ,
               to
               invade
               this
               Common-wealth
               of
            
             England
             ,
             
               and
               adhered
               to
               the
               forces
               of
               the
               enemy
               raised
               against
               the
               Parliament
               and
               Common-wealth
               aforesaid
               ,
               and
               Keepers
               of
               the
               Liberties
               of
            
             England
             aforesaid
             .
          
           
             
               And
               further
               ,
               to
               carry
               on
               and
               accomplish
               the
               said
               traiterous
               and
               wicked
               design
               ,
               he
               the
               said
            
             Christopher
             Love
             
               divers
               daies
               and
               times
               between
               the
               twenty
               ninth
               day
               of
            
             March
             ,
             1650
             ,
             
               and
               the
               first
               day
               of
            
             June
             ,
             1651.
             at
             London
             
               and
               other
               places
               ,
               as
               aforesaid
               ,
               did
               traiterously
               and
               maliciously
               give
               ,
               hold
               ,
               use
               and
               maintain
               correspondence
               and
               intelligence
               ,
               by
               Letters
               ,
               Messages
               ,
               Instructions
               ,
               and
               other
               waies
               prejudiciall
               to
               this
               Common-wealth
               ,
               with
               the
               said
            
             Charles
             Stewart
             ,
             
               Son
               of
               the
               late
               King
               ,
               and
               with
               the
               late
               Queen
               his
               mother
               ,
               and
               with
               the
               said
            
             Henry
             Jermin
             ,
             Henry
             Piercy
             ,
             
               and
               divers
               other
               persons
               being
               of
               councell
               and
               abiding
               with
            
             Charls
             Stewart
             .
          
           
             
               And
               further
               ,
               to
               carry
               on
               and
               accomplish
               the
               said
               traiterous
               and
               wicked
               design
               ,
               he
               the
               said
            
             Christopher
             Love
             
               severall
               daies
               and
               times
               in
               the
               respective
               yeers
               aforesaid
               ,
               at
            
             London
             
               aforesaid
               ,
               and
               divers
               places
               within
               this
               Common-wealth
               of
            
             England
             
               and
               elsewhere
               ,
               as
               aforesaid
               ,
               did
               traiterously
               and
               maliciously
               use
               ,
               hold
               ,
               and
               maintain
               correspondence
               and
               intelligence
               with
               divers
               persons
               of
               the
            
             Scotish
             
               Nation
               ;
               that
               is
               to
               say
               ,
               with
               the
               Earls
               of
            
             Argile
             ,
             Lowden
             ,
             Lothian
             ,
             and
             Belcharris
             ,
             
               and
               with
               one
            
             Bayley
             
               Gentleman
               ,
               and
               divers
               other
               persons
               of
               the
            
             Scotish
             
               and
               other
               Nations
               ,
               whom
               he
               the
               said
            
             Christopher
             Love
             
               well
               knew
               to
               adhere
               to
               the
               said
            
             Scotish
             
               Nation
               in
               this
               war
               against
               the
               Parliament
               and
               Common-wealth
               of
            
             England
             .
          
           
             
               And
               further
               ,
               he
               the
               said
            
             Christopher
             Love
             ,
             
               within
               the
               times
               ,
               and
               at
               the
               places
               before
               mentioned
               ,
               did
               traiterously
               and
               maliciously
               abet
               ,
               assist
               ,
               countenance
               and
               incourage
               both
               the
            
             Scotish
             
               Nation
               ,
               and
               divers
               other
               persons
               adhering
               to
               them
               in
               this
               war
               against
               the
               Parliament
               ;
               and
               did
               send
               and
               convey
               ,
               or
               cause
               to
               be
               sent
               and
               conveyed
               ,
               Monies
               ,
               Arms
               ,
               Ammunition
               ,
               and
               other
               Supplies
               ,
               to
            
             Scotland
             
               and
               other
               places
               ,
               and
               to
               the
               said
            
             Titus
             ,
             Massey
             ,
             
               and
               others
               in
               confederacy
               against
               this
               Nation
               ,
               without
               speciall
               leave
               and
               license
               from
               the
               Parliament
               of
            
             England
             
               or
               Councell
               of
               State
               ,
               or
               the
               Captain
               Generall
               of
               the
               Parliaments
               Forces
               .
            
          
           
             
               And
               further
               ,
               to
               carry
               on
               and
               accomplish
               the
               said
               traiterous
               and
               wicked
               practice
               and
               designe
               ,
               he
               the
               said
            
             Christopher
             Love
             ,
             
               within
               the
               times
               ,
               and
               at
               the
               places
               before
               mentioned
               ,
               did
               traiterously
               and
               voluntarily
               relieve
               the
               said
            
             Sylas
             Titus
             ,
             Edward
             Massey
             ,
             Col.
             Bamfield
             ,
             
               and
               one
            
             Mason
             
               late
               of
            
             London
             
               Gentleman
               ,
               and
               one
            
             Sterks
             
               late
               of
            
             London
             
               Gentleman
               ,
               who
               then
               were
               ,
               and
               yet
               are
               under
               the
               power
               of
               the
            
             Scotish
             
               Nation
               ,
               and
               in
               Arms
               against
               the
               Parliament
               and
               Common-wealth
               of
            
             England
             ,
             
               with
               Monies
               ,
               Arms
               ,
               and
               Ammunition
               .
               All
               which
               Treasons
               ,
               and
               traiterous
               and
               wicked
               practices
               and
               designs
               of
               him
               the
               said
            
             Christopher
             Love
             ,
             
               were
               and
               are
               to
               the
               apparent
               hazard
               of
               the
               publick
               peace
               of
               this
               Common-wealth
               and
               free
               State
               ,
               Parliament
               and
               people
               of
            
             England
             ,
             
               and
               to
               the
               manifest
               breach
               ,
               contempt
               ,
               and
               violation
               of
               the
               Laws
               of
               the
               Land
               ,
               and
               contrary
               to
               the
               form
               of
               divers
               Statutes
               and
               Acts
               of
               Parliament
               in
               such
               case
               made
               and
               provided
               .
            
          
           
             
               And
               Master
               Atturney
               Generall
               (
               by
               protestation
               ,
               saving
               to
               himself
               in
               the
               behalf
               of
               the
               Keepers
               of
               the
               Liberties
               of
            
             England
             ,
             
               to
               exhibite
               any
               other
               Charge
               against
               the
               said
            
             Christopher
             Love
             ,
             
               and
               to
               reply
               to
               the
               Answer
               he
               shall
               make
               to
               the
               premises
               )
               doth
               for
               the
               said
               Treasons
               ,
               on
               the
               behalf
               of
               the
               Keepers
               of
               the
               Liberties
               of
            
             England
             ,
             
               impeach
               the
               said
            
             Christopher
             Love
             
               as
               a
               Traytor
               and
               publick
               enemy
               to
               this
               Common-wealth
               and
               free
               State
               of
            
             England
             ;
             
               and
               doth
               pray
               ,
               that
               he
               may
               be
               put
               to
               answer
               all
               and
               singular
               the
               premises
               ,
               that
               such
               proceedings
               ,
               Triall
               ,
               Examination
               ,
               Judgement
               ,
               and
               Execution
               may
               be
               thereupon
               had
               against
               him
               ,
               as
               shall
               be
               agreeable
               to
               Justice
               .
            
          
        
         
           
             The
             Clerk.
             
          
           
             Christopher
             Love
             ,
             
               you
               stand
               charged
               on
               the
               behalf
               of
               the
               Keepers
               of
               the
               Liberties
               of
            
             England
             ,
             
               by
               Authority
               of
               Parliament
               ,
               of
               high
               Treason
               ,
               and
               other
               high
               Crimes
               and
               Offences
               against
               the
               Parliament
               and
               People
               of
            
             England
             ;
             
               this
               high
               Court
               therefore
               requires
               you
               to
               give
               a
               positive
               and
               direct
               Answer
               ,
               whether
               you
               are
               guilty
               or
               not
               guilty
               of
               the
               Crimes
               and
               Treasons
               laid
               to
               your
               charge
               .
            
          
        
         
           
             Master
             Love.
             
          
           
             My
             Lord
             ,
             Before
             I
             plead
             ,
             I
             humbly
             crave
             leave
             to
             expresse
             my self
             in
             a
             few
             words
             to
             this
             Court
             ,
             and
             afterwards
             to
             make
             humble
             Proposals
             of
             what
             I
             desire
             in
             order
             to
             this
             Trial.
             In
             the
             first
             place
             ,
             being
             I
             am
             this
             day
             called
             to
             a
             great
             and
             weighty
             work
             ,
             in
             the
             entrance
             to
             it
             I
             do
             earnestly
             beg
             the
             prayers
             of
             all
             them
             that
             have
             an
             interest
             in
             God
             ,
             that
             he
             would
             carry
             me
             through
             this
             whole
             Triall
             with
             such
             gravity
             ,
             godlinesse
             ,
             and
             meeknesse
             of
             wisdome
             ,
             as
             becomes
             a
             Professor
             and
             Preacher
             of
             the
             Gospell
             ;
             and
             that
             he
             would
             keep
             me
             in
             this
             houre
             of
             temptation
             ,
             rather
             from
             sin
             then
             from
             suffering
             .
             Sir
             ,
             I
             am
             this
             day
             made
             a
             spectacle
             to
             God
             ,
             Angels
             ,
             and
             men
             ,
             singled
             out
             from
             among
             my
             brethren
             to
             
             be
             the
             object
             of
             some
             mens
             indignation
             and
             insultation
             .
             By
             my
             appearing
             in
             this
             place
             ,
             I
             am
             made
             a
             grief
             to
             many
             that
             are
             godly
             ,
             and
             a
             laughing
             stock
             to
             the
             wicked
             .
             —
             
               Here
               he
               was
               interupted
               by
               the
               court
               .
            
          
        
         
           
             Lord
             President
             of
             the
             Court.
             
          
           
             
               Mr.
               Love.
            
             how
             long
             time
             do
             you
             intend
             to
             take
             up
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             will
             be
             brief
             ;
             Sir.
             
          
        
         
           
             L.
             Pres
             .
          
           
             We
             have
             been
             calling
             upon
             God
             to
             direct
             us
             and
             you
             ,
             and
             all
             good
             people
             ,
             that
             justice
             may
             be
             done
             ;
             and
             you
             would
             glorifie
             God
             rather
             then
             man
             ,
             if
             you
             would
             confesse
             ,
             knowing
             what
             was
             done
             in
             that
             great
             sin
             of
             Achan
             ;
             there
             was
             great
             pains
             taken
             ,
             and
             the
             whole
             Nation
             was
             fain
             to
             be
             examined
             ,
             and
             their
             houses
             divided
             ,
             and
             at
             last
             when
             it
             came
             to
             Achan
             ,
             you
             know
             what
             Joshua
             said
             to
             him
             ,
             confesse
             and
             tell
             the
             truth
             ,
             and
             glorifie
             God
             ;
             this
             is
             that
             ,
             that
             if
             you
             respect
             God
             before
             man
             ,
             you
             may
             now
             clear
             your self
             ,
             and
             set
             forth
             his
             glory
             upon
             earth
             ;
             and
             your
             next
             work
             is
             to
             plead
             guilty
             or
             not
             guilty
             .
             For
             we
             see
             that
             those
             wayes
             you
             go
             ,
             would
             take
             up
             time
             ,
             and
             we
             have
             taken
             all
             into
             our
             thoughts
             before
             hand
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             do
             not
             desire
             to
             protract
             time
             ,
             but
             I
             would
             not
             lie
             under
             a
             prejudice
             .
          
        
         
           
             L.
             Pres
             .
          
           
             When
             you
             go
             out
             of
             your
             way
             ,
             we
             must
             help
             you
             ;
             and
             know
             ,
             if
             any
             be
             under
             a
             prejudice
             here
             ,
             their
             prejudging
             is
             rather
             in
             mercy
             ,
             then
             in
             prejudice
             to
             you
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             hope
             you
             will
             not
             be
             more
             severe
             to
             a
             Minister
             ,
             then
             you
             were
             to
             Lieut.
             Col.
             
               John
               Lilburn
            
             .
             When
             you
             were
             at
             the
             court
             at
             Guild-hall
             ,
             at
             the
             trial
             of
             Lilburne
             ,
             you
             gave
             him
             the
             liberty
             of
             two
             houres
             to
             plead
             before
             he
             pleaded
             guilty
             or
             not
             guilty
             .
          
        
         
           
             L.
             Pres
             .
          
           
             To
             a
             Minister
             ,
             you
             say
             well
             ;
             but
             I
             tell
             you
             ,
             we
             do
             more
             to
             a
             christian
             then
             to
             a
             minister
             ;
             and
             we
             are
             all
             christians
             ,
             and
             your
             ministry
             is
             but
             an
             Office
             ;
             and
             therefore
             what
             
               Mr.
               Lilburne
            
             had
             ,
             it
             was
             the
             favour
             of
             the
             court
             then
             ;
             but
             time
             is
             spent
             ,
             and
             pray
             do
             not
             you
             follow
             that
             now
             .
          
        
         
           
             M.
             Love.
             
          
           
             Whereas
             your
             Lordship
             is
             pleased
             to
             urge
             the
             case
             of
             Achan
             to
             me
             ,
             if
             my
             case
             were
             the
             same
             as
             Achans
             was
             ,
             I
             should
             do
             as
             Achan
             did
             ,
             confesse
             and
             give
             glory
             to
             God
             ;
             but
             Achans
             was
             a
             peculiar
             and
             extraordinary
             case
             ,
             and
             therefore
             I
             pray
             it
             may
             not
             be
             laid
             to
             me
             .
             God
             was
             the
             informer
             and
             discoverer
             ,
             and
             God
             did
             by
             lot
             discover
             Achan
             to
             be
             the
             man.
             
          
        
         
           
             L.
             Pres
             .
          
           
             Will
             you
             plead
             ?
          
        
         
           
             M.
             Love.
             
          
           
             I
             desire
             liberty
             to
             speak
             a
             word
             .
             I
             had
             not
             diverted
             my
             discourse
             ,
             but
             upon
             your
             Lordships
             words
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             I
             hope
             he
             will
             be
             so
             ingenuous
             ,
             as
             not
             to
             be
             long
             .
          
        
         
           
             L.
             Pr.
             
          
           
             Take
             this
             in
             your
             way
             ,
             
               Mr.
               Love
            
             ,
             God
             is
             as
             present
             here
             ,
             as
             he
             was
             in
             the
             case
             of
             Achan
             .
             Go
             on
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Sir
             ,
             by
             my
             appearing
             in
             this
             place
             ,
             I
             am
             made
             a
             grief
             to
             many
             that
             are
             godly
             ,
             and
             a
             laughing
             stock
             to
             the
             wicked
             ,
             and
             a
             gazing
             stock
             to
             all
             ;
             yet
             ,
             blessed
             be
             God
             ,
             not
             a
             terrour
             to
             my self
             .
             Sir
             ,
             I
             am
             as
             Jeremiah
             was
             ,
             born
             a
             man
             of
             strife
             and
             contention
             :
             not
             actively
             ,
             I
             strive
             and
             contend
             with
             none
             :
             but
             passively
             ,
             many
             strive
             and
             contend
             with
             me
             ;
             yet
             I
             trust
             God
             will
             make
             me
             ,
             as
             he
             did
             Jeremiah
             ,
             an
             iron
             pillar
             and
             brazen
             wall
             against
             those
             that
             do
             oppose
             me
             ,
             that
             I
             shall
             not
             be
             dismayed
             at
             ther
             faces
             ,
             lest
             I
             be
             confounded
             before
             them
             .
             Strong
             suggestions
             against
             me
             are
             generally
             received
             ,
             and
             great
             opposition
             strongly
             maintained
             ,
             and
             in
             this
             condition
             no
             man
             dares
             stand
             by
             me
             ;
             but
             God
             stands
             by
             me
             and
             strengthens
             me
             .
             —
             
               Here
               he
               was
               interupted
               again
               .
            
          
        
         
           
             L.
             Pres
             .
          
           
             Sir
             ,
             come
             to
             the
             businesse
             in
             hand
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             beseech
             you
             ,
             Sir
             ,
             spare
             me
             :
             you
             gave
             
               Mr.
               Lilburne
            
             more
             time
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Ly
             Lord
             ,
             when
             he
             shall
             come
             with
             such
             speeches
             ,
             that
             are
             nothing
             to
             the
             businesse
             in
             hand
             !
             My
             Lord
             ,
             he
             instances
             in
             Lilburns
             case
             ;
             you
             know
             that
             debate
             ,
             it
             was
             in
             relation
             to
             a
             Narration
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             it
             was
             the
             Narration
             of
             his
             doings
             and
             sufferings
             ,
             that
             he
             might
             not
             be
             misrepresented
             to
             the
             Court.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             You
             know
             you
             are
             a
             Minister
             ;
             and
             if
             it
             be
             your
             purpose
             to
             spin
             out
             time
             ,
             to
             think
             to
             ingratiate
             your self
             to
             the
             people
             ,
             it
             will
             not
             do
             .
             My
             Lord
             ,
             this
             is
             a
             Court
             of
             Justice
             that
             proceeds
             according
             to
             the
             established
             Laws
             ,
             and
             Laws
             that
             have
             been
             read
             to
             him
             .
             Mr.
             Love
             is
             a
             Minister
             ,
             and
             had
             he
             applied
             himself
             to
             God
             as
             he
             might
             have
             done
             ,
             he
             need
             not
             have
             been
             brought
             hither
             ;
             if
             he
             had
             not
             gone
             that
             way
             he
             did
             .
             But
             my
             Lord
             ,
             I
             desire
             he
             may
             go
             on
             to
             the
             Charge
             ,
             and
             give
             his
             answer
             to
             it
             .
             My
             Lord
             ,
             before
             we
             have
             done
             ,
             we
             shall
             have
             many
             occasions
             of
             discourse
             between
             him
             and
             I.
             
          
        
         
           
             M.
             Love.
             
          
           
             I
             beseech
             your
             Lordship
             allow
             me
             that
             favour
             that
             you
             allow
             to
             every
             one
             you
             try
             ,
             that
             I
             may
             not
             stand
             under
             misrepresentations
             to
             you
             ,
             who
             are
             my
             Judges
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Are
             not
             we
             of
             as
             much
             credit
             as
             you
             ?
             and
             are
             not
             we
             judged
             Ministers
             as
             well
             as
             you
             ,
             and
             more
             then
             you
             ?
             and
             I
             tell
             you
             ,
             that
             which
             you
             require
             ,
             we
             have
             already
             done
             ,
             and
             wish
             you
             as
             much
             happinesse
             as
             to
             our
             brother
             ;
             and
             for
             you
             to
             spend
             time
             about
             that
             which
             is
             nothing
             to
             the
             businesse
             ,
             it
             must
             not
             be
             suffered
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             let
             the
             constant
             known
             laws
             of
             the
             Common-wealth
             of
             England
             be
             observed
             ,
             as
             well
             as
             other
             laws
             ,
             of
             which
             that
             is
             one
             ,
             that
             he
             ought
             not
             to
             speak
             any
             thing
             ,
             till
             he
             hath
             pleaded
             guilty
             or
             not
             guilty
             .
             My
             Lord
             ,
             I
             desire
             to
             take
             my
             course
             .
             I
             do
             not
             make
             speeches
             against
             him
             ,
             to
             misrepresent
             him
             to
             you
             ,
             otherwise
             then
             he
             stands
             charged
             ;
             and
             my
             Lord
             ,
             I
             would
             not
             have
             him
             to
             cleer
             himself
             till
             he
             come
             to
             the
             triall
             ,
             whether
             he
             be
             not
             accused
             justly
             .
             It
             is
             not
             my
             nature
             ,
             but
             the
             duty
             of
             my
             place
             ;
             and
             the
             duty
             of
             his
             place
             ,
             as
             a
             prisoner
             ,
             is
             to
             plead
             ,
             and
             to
             put
             himself
             upon
             triall
             ;
             that
             being
             done
             ,
             there
             will
             be
             occasion
             enough
             for
             him
             to
             plead
             his
             own
             innocency
             .
             My
             Lord
             ,
             to
             take
             up
             two
             hours
             time
             in
             talking
             of
             that
             which
             is
             not
             materiall
             ,
             should
             not
             be
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             insist
             upon
             that
             liberty
             that
             Mr.
             Lilburne
             had
             .
          
        
         
           
             L.
             Pres
             .
          
           
             He
             did
             plead
             first
             .
          
        
         
           
             M.
             Love.
             
          
           
             No
             my
             Lord
             ,
             he
             did
             not
             plead
             first
             ;
             and
             I
             have
             much
             to
             move
             before
             I
             plead
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             can
             say
             nothing
             till
             you
             plead
             .
          
        
         
           
             M.
             Love.
             
          
           
             My
             Lord
             ,
             I
             desire
             not
             much
             time
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             let
             the
             time
             now
             insisted
             on
             be
             what
             time
             it
             will
             ,
             Mr.
             Love
             will
             have
             time
             to
             speak
             for
             himself
             ,
             and
             it
             is
             so
             far
             from
             being
             to
             the
             point
             ,
             that
             it
             is
             trifling
             ;
             and
             this
             rather
             makes
             him
             seem
             guilty
             ,
             then
             it
             gives
             him
             any
             acquittance
             .
          
        
         
           
             M.
             Love.
             
          
           
             Prove
             me
             guilty
             first
             Sir.
             Sir
             ,
             do
             not
             prejudge
             me
             .
          
        
         
           Then
           command
           was
           given
           to
           reade
           his
           Arraignment
           .
        
         
           
             The
             Clerk.
             
          
           
             Christopher
             Love
             ,
             
               you
               stand
               charged
               on
               the
               behalf
               of
               the
               Keepers
               of
               the
               Liberties
               of
            
             England
             ,
             
               by
               Authority
               of
               Parliament
               ,
               of
               high
               Treason
               ,
               and
               other
               high
               Crimes
               and
               Offences
               against
               the
               Parliament
               and
               People
               of
            
             England
             ;
             
               this
               high
               Court
               therefore
               requires
               you
               to
               give
               a
               positive
               and
               direct
               answer
               ,
               whether
               you
               are
               guilty
               or
               not
               guilty
               of
               the
               Crimes
               and
               Treasons
               laid
               to
               your
               charge
               .
            
          
        
         
           
             M.
             Love.
             
          
           
             I
             refuse
             not
             to
             plead
             ,
             but
             I
             beseech
             you
             give
             me
             leave
             to
             speak
             before
             I
             answer
             .
          
        
         
           Mr.
           Love
           
             having
             a
             paper
             in
             his
             hand
             ,
             the
             Judge
             said
          
           :
        
         
           
             L.
             Pres
             .
          
           
             How
             many
             leaves
             is
             it
             ?
          
        
         
           
             M.
             Love.
             
          
           
             But
             two
             or
             three
             ;
             and
             if
             this
             Court
             be
             more
             strict
             and
             severe
             to
             me
             ,
             then
             that
             was
             to
             Mr.
             Lilburne
             ,
             I
             cannot
             help
             it
             .
             What
             I
             shall
             say
             ,
             shall
             be
             something
             in
             generall
             ,
             and
             I
             beseech
             you
             give
             me
             leave
             to
             speak
             to
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Sir
             ,
             not
             before
             you
             plead
             .
          
        
         
           
             M.
             Love.
             
          
           
             Yet
             I
             have
             this
             liberty
             ,
             that
             when
             matter
             of
             law
             ariseth
             in
             the
             Indictment
             ,
             to
             make
             a
             motion
             ,
             and
             to
             move
             for
             counsel
             ,
             and
             to
             shew
             the
             illegality
             of
             it
             ;
             and
             though
             I
             confesse
             I
             am
             extreamly
             ignorant
             of
             the
             Law
             ,
             yet
             I
             understand
             ,
             that
             after
             I
             have
             pleaded
             ,
             I
             am
             not
             capable
             of
             counsell
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             are
             mistaken
             ,
             Master
             Love.
             
          
        
         
           
             M.
             Love.
             
          
           
             I
             suppose
             I
             am
             not
             mistaken
             :
             For
             in
             the
             third
             part
             of
             Judge
             Cooks
             Institutes
             ,
             I
             finde
             it
             thus
             :
             
               The
               prisoner
               ,
               when
               he
               pleads
               not
               guilty
               ,
               whereby
               he
               denies
               the
               fact
               ,
               after
               the
               plea
               of
               not
               guilty
               ,
               can
               have
               no
               counsell
               ;
               but
               if
               he
               have
               any
               matter
               of
               Law
               to
               plead
               before
               ,
               he
               may
               urge
               it
               .
            
          
        
         
           
             L.
             Pres
             .
          
           
             He
             pleads
             he
             is
             ignorant
             of
             the
             Law
             ,
             and
             yet
             can
             make
             use
             of
             it
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             am
             to
             plead
             for
             my
             life
             ,
             and
             I
             am
             to
             use
             Scripture
             ,
             Law
             ,
             and
             any
             other
             lawfull
             means
             to
             save
             my
             life
             .
             Paul
             did
             plead
             the
             Roman
             Law.
             
          
        
         
           
             L.
             Pres
             .
          
           
             Some
             of
             us
             know
             as
             much
             of
             Paul
             and
             Scripture
             as
             you
             do
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             I
             make
             no
             comparisons
             .
             
               
                 Then
                 Mr.
              
               Love
               
                 reads
                 out
                 of
                 Judge
              
               Cooks
               Institutes
               .
            
             
               The
               safest
               way
               for
               the
               party
               indicted
               ,
               is
               to
               plead
               upon
               his
               arraignment
               the
               speciall
               matter
               for
               the
               overthrow
               of
               the
               Indictment
            
             :
             And
             this
             must
             be
             done
             before
             I
             plead
             ,
             
               and
               to
               require
               counsell
               for
               the
               pleading
               thereof
               ,
               which
               ought
               to
               be
               granted
               ,
               and
               to
               require
               a
               copy
               of
               so
               much
               of
               the
               Indictment
               ,
               which
               is
               necessary
               for
               framing
               his
               plea
               ,
               which
               ought
               to
               be
               granted
               ;
               and
               these
               laws
               ought
               to
               be
               construed
               favourably
               ,
               for
               that
               the
               Indictment
               is
               commonly
               found
               in
               the
               absence
               of
               the
               party
               .
            
          
        
         
           
             L.
             Pres
             .
          
           
             But
             your
             Indictment
             is
             in
             you●
             presence
             .
             You
             are
             out
             of
             your
             way
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             you
             bring
             me
             out
             of
             my
             way
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Your
             Indictment
             is
             not
             yet
             found
             ,
             there
             is
             nothing
             done
             behinde
             your
             back
             ,
             onely
             the
             reading
             of
             this
             ;
             but
             that
             is
             nothing
             but
             a
             written
             parchment
             ,
             till
             you
             plead
             unto
             it
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             have
             something
             to
             except
             against
             the
             legallity
             of
             this
             Indictment
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Go
             on
             then
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             the
             first
             motion
             I
             shall
             make
             ,
             is
             for
             counsell
             to
             advise
             in
             matters
             of
             Law
             relating
             to
             this
             Triall
             ;
             and
             as
             I
             do
             gather
             from
             hearing
             the
             Indictment
             ,
             there
             are
             severall
             matters
             of
             law
             that
             do
             arise
             ,
             in
             which
             I
             desire
             to
             have
             counsell
             assigned
             me
             ;
             and
             the
             first
             is
             ,
             whether
             the
             Act
             by
             which
             this
             Court
             is
             
             constituted
             ,
             of
             the
             26
             March
             ,
             1650.
             that
             forbids
             receiving
             or
             sending
             Letters
             or
             Messages
             to
             or
             from
             England
             or
             Ireland
             ,
             do
             inable
             you
             to
             receive
             a
             charge
             against
             me
             concerning
             Letters
             to
             or
             from
             
               Scotland
               ,
               Scotland
            
             not
             being
             mentioned
             in
             that
             Act
             by
             which
             you
             are
             constituted
             ;
             therefore
             seeing
             this
             is
             matter
             of
             law
             ,
             I
             desire
             I
             might
             have
             counsel
             to
             advise
             with
             about
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             
               Mr.
               Love
            
             then
             doth
             admit
             that
             he
             hath
             received
             and
             sent
             letters
             to
             Scotland
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             admit
             nothing
             ,
             Sir
             ,
             you
             charge
             me
             with
             it
             ,
             but
             I
             do
             not
             grant
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Then
             you
             will
             give
             us
             leave
             to
             prove
             it
             .
             If
             he
             will
             admit
             that
             he
             hath
             sent
             and
             received
             letters
             from
             Scotland
             ,
             and
             so
             demur
             that
             it
             is
             not
             in
             your
             power
             ,
             I
             will
             joyne
             with
             him
             .
             But
             my
             Lord
             ,
             there
             was
             a
             particular
             Act
             read
             ,
             that
             doth
             relate
             particularly
             to
             Scotland
             ;
             and
             that
             this
             court
             hath
             cognizance
             of
             that
             Act
             ,
             was
             read
             before
             hand
             ,
             but
             
               Mr.
               Love
            
             did
             not
             observe
             what
             was
             read
             to
             him
             ;
             and
             it
             is
             so
             far
             in
             favour
             of
             justice
             to
             him
             ,
             that
             you
             read
             him
             the
             laws
             and
             clauses
             upon
             which
             he
             stands
             impeached
             ,
             and
             that
             there
             is
             a
             law
             against
             sending
             to
             Scotland
             .
             But
             my
             Lord
             ,
             these
             debates
             are
             lingring
             of
             time
             ;
             if
             a
             man
             will
             demand
             counsel
             ,
             he
             admits
             the
             fact
             ,
             that
             the
             fact
             is
             true
             ;
             but
             being
             true
             ,
             he
             ought
             not
             to
             be
             condemned
             upon
             it
             :
             if
             so
             ,
             I
             will
             joyne
             with
             him
             .
             But
             if
             he
             plead
             not
             guilty
             ,
             I
             shall
             be
             ready
             to
             prove
             it
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             beseech
             you
             Sir
             ,
             I
             do
             apprehend
             there
             is
             another
             matter
             of
             law
             ariseth
             ,
             and
             that
             is
             from
             the
             Act
             of
             the
             26
             Maerch
             ,
             1650.
             there
             is
             a
             prohibition
             of
             sending
             letters
             or
             messages
             to
             any
             in
             arms
             against
             the
             Parliament
             ;
             now
             I
             am
             charged
             with
             sending
             and
             writing
             letters
             into
             Scotland
             :
             now
             it
             doth
             not
             appear
             to
             me
             ,
             that
             Scotland
             was
             in
             arms
             against
             the
             Parliament
             of
             England
             ,
             but
             for
             their
             own
             preservation
             .
             Therefore
             I
             desire
             counsel
             in
             this
             ,
             Whether
             I
             that
             am
             accused
             of
             writing
             and
             sending
             into
             Scotland
             ,
             am
             therefore
             accused
             of
             writing
             and
             sending
             to
             those
             who
             are
             in
             arms
             against
             the
             Parliament
             of
             England
             ;
             or
             whether
             they
             were
             in
             arms
             for
             the
             preservation
             of
             Scotland
             ,
             or
             in
             opposition
             to
             the
             Parliament
             of
             England
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             If
             you
             will
             admit
             still
             ,
             that
             you
             have
             sent
             or
             received
             from
             Scotland
             ,
             then
             I
             readily
             grant
             it
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             will
             admit
             of
             nothing
             ;
             I
             have
             so
             much
             of
             a
             christian
             in
             me
             ,
             that
             I
             will
             deny
             nothing
             that
             is
             proved
             to
             be
             true
             ,
             and
             so
             much
             of
             an
             Englishman
             ,
             that
             I
             will
             admit
             of
             nothing
             that
             is
             seemingly
             criminall
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             are
             a
             christian
             ,
             and
             you
             are
             here
             in
             the
             presence
             of
             God
             as
             Achan
             was
             .
          
        
         
           
             M.
             Love.
             
          
           
             If
             it
             be
             proved
             against
             me
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Then
             your
             denial
             of
             it
             will
             be
             a
             high
             transgression
             against
             God.
             
          
        
         
           
             M.
             Love.
             
          
           
             I
             could
             urge
             the
             case
             of
             Jesus
             Christ
             ,
             who
             when
             he
             was
             accused
             before
             a
             Judicatory
             ,
             answered
             not
             a
             word
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             are
             out
             .
          
        
         
           
             M.
             Love.
             
          
           
             When
             Christ
             was
             accused
             in
             a
             civil
             businesse
             ,
             to
             be
             a
             mover
             of
             sedition
             (
             as
             now
             I
             am
             )
             they
             asked
             him
             whether
             he
             was
             King
             of
             the
             Jews
             ,
             and
             he
             answered
             them
             not
             a
             word
             .
             But
             this
             is
             that
             I
             doubt
             ,
             whether
             there
             be
             not
             matters
             of
             law
             arising
             from
             the
             charge
             read
             against
             me
             ,
             and
             that
             in
             respect
             of
             the
             time
             of
             the
             Act
             of
             the
             26
             March
             ,
             1650.
             which
             gives
             power
             to
             you
             to
             determine
             severall
             crimes
             ,
             and
             to
             proceed
             to
             the
             trial
             of
             the
             offendor
             .
             And
             Sir
             ,
             it
             is
             also
             to
             me
             doubtfull
             ,
             whether
             this
             be
             not
             matter
             of
             law
             ,
             viz.
             whether
             this
             trial
             ought
             not
             to
             be
             by
             a
             Jury
             of
             twelve
             of
             the
             neighbourhood
             ,
             or
             whether
             in
             any
             different
             way
             from
             it
             ;
             and
             I
             doubt
             it
             upon
             this
             ground
             ,
             your
             Lordship
             having
             given
             me
             this
             hint
             ;
             for
             I
             was
             present
             at
             the
             trial
             of
             
               Mr.
               Lilburne
            
             ,
             and
             the
             formality
             of
             the
             law
             tied
             him
             to
             plead
             to
             this
             ,
             that
             he
             must
             be
             tried
             by
             God
             and
             his
             Country
             .
             He
             refused
             it
             ,
             and
             your
             Lordship
             urged
             it
             upon
             him
             ,
             that
             he
             might
             safely
             plead
             it
             by
             God
             ,
             because
             God
             was
             in
             all
             Judicatories
             ;
             and
             by
             his
             Country
             ,
             because
             ,
             said
             you
             ,
             by
             Country
             is
             meant
             the
             Jury
             of
             a
             mans
             equals
             .
             And
             this
             is
             a
             trial
             according
             to
             the
             law
             of
             the
             Land.
             Now
             if
             you
             have
             declared
             that
             in
             
               Guild-Hall
               ,
               I
            
             beseech
             your
             Lordship
             inform
             me
             ,
             whether
             a
             different
             way
             from
             this
             of
             a
             Jury
             of
             the
             neighbourhood
             be
             according
             to
             law
             in
             Westminster
             Hall.
             
          
        
         
           
             L.
             Pres
             ,
          
           
             You
             shall
             be
             informed
             .
             That
             was
             a
             trial
             by
             the
             law
             ,
             as
             it
             then
             stood
             ;
             these
             now
             are
             all
             upon
             Acts
             of
             Parliament
             and
             Laws
             of
             the
             Land
             ,
             that
             are
             of
             as
             high
             a
             nature
             as
             they
             :
             those
             are
             ancient
             Laws
             ,
             and
             these
             are
             Statutes
             lately
             made
             ,
             and
             of
             an
             extraordinary
             nature
             ,
             and
             were
             made
             to
             meet
             with
             such
             persons
             as
             you
             ,
             that
             have
             done
             such
             things
             as
             you
             have
             done
             .
             And
             now
             for
             your
             Neighbourhood
             ,
             I
             hope
             you
             have
             twenty
             or
             forty
             Neighbours
             that
             are
             within
             the
             equity
             of
             that
             Law.
             
          
        
         
           
           
             Mr.
             Love.
             
          
           
             If
             they
             be
             a
             Jury
             ,
             I
             have
             power
             to
             except
             against
             35.
             of
             them
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             he
             pretends
             Mr.
             Lilburns
             Triall
             ,
             but
             when
             you
             come
             to
             hear
             the
             evidence
             ,
             you
             shall
             hear
             what
             he
             was
             doing
             then
             ;
             he
             was
             preparing
             himself
             then
             in
             his
             businesse
             ;
             he
             thought
             his
             time
             might
             come
             ;
             and
             I
             am
             informed
             ,
             that
             since
             he
             hath
             been
             in
             the
             Tower
             ,
             Lilburn
             hath
             been
             his
             counsel
             .
          
        
         
           
             M.
             Love.
             
          
           
             Mr.
             Prideaux
             ,
             Sir
             ,
             you
             are
             no
             God
             ,
             to
             know
             my
             thoughts
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             did
             say
             this
             from
             his
             own
             expression
             ,
             he
             was
             a
             diligent
             observer
             there
             ,
             that
             he
             might
             know
             what
             was
             done
             there
             ,
             that
             so
             he
             might
             prepare
             himself
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             you
             did
             declare
             this
             after
             the
             change
             and
             abolition
             of
             a
             King
             and
             House
             of
             Lords
             ,
             that
             a
             Triall
             by
             a
             Jury
             of
             twelve
             of
             the
             neighbourhood
             was
             according
             to
             Law
             ;
             and
             you
             urged
             Master
             Lilburne
             with
             this
             ,
             that
             he
             might
             plead
             ,
             and
             do
             no
             harm
             unto
             himself
             .
             And
             not
             onely
             so
             ,
             but
             the
             House
             also
             declared
             ,
             That
             since
             the
             change
             of
             Government
             ,
             they
             would
             never
             alter
             that
             way
             of
             triall
             ;
             and
             upon
             the
             ninth
             of
             February
             ,
             1648.
             they
             did
             declare
             ,
             That
             though
             they
             thought
             fit
             to
             abolish
             the
             Kingly
             Office
             ,
             and
             the
             House
             of
             Lords
             ,
             yet
             they
             resolved
             they
             would
             still
             retain
             and
             preserve
             the
             fundamentall
             Laws
             of
             the
             Nation
             ,
             for
             and
             concerning
             the
             preservation
             of
             the
             liberties
             ,
             lives
             ,
             and
             estates
             of
             the
             people
             .
             Now
             Sir
             ,
             they
             declaring
             they
             would
             never
             alter
             this
             way
             of
             triall
             ,
             and
             you
             declaring
             this
             way
             of
             triall
             by
             Juries
             ,
             to
             be
             according
             to
             the
             fundamentall
             Laws
             of
             the
             Land
             ,
             I
             beseech
             you
             give
             me
             the
             reason
             why
             it
             is
             denied
             to
             me
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             it
             is
             very
             unusuall
             for
             a
             prisoner
             to
             debate
             with
             the
             court
             .
             Here
             he
             is
             to
             be
             controuled
             .
             Let
             him
             know
             he
             is
             a
             prisoner
             ,
             upon
             the
             triall
             of
             his
             life
             ,
             before
             that
             court
             that
             hath
             been
             impowred
             by
             the
             Parliament
             ,
             they
             who
             did
             never
             binde
             their
             own
             hands
             :
             I
             must
             say
             ,
             my
             Lord
             ,
             they
             cannot
             binde
             their
             own
             hands
             .
             And
             it
             is
             this
             triall
             that
             they
             have
             thought
             fit
             to
             give
             him
             .
             And
             for
             his
             excepting
             against
             thirty
             five
             ,
             then
             you
             will
             hardly
             be
             a
             court
             left
             .
             My
             Lord
             ,
             I
             think
             if
             he
             look
             upon
             the
             court
             ,
             he
             will
             finde
             no
             enemies
             here
             ,
             knowing
             them
             to
             be
             of
             his
             neighbourhood
             ,
             and
             most
             of
             them
             of
             London
             ;
             and
             I
             think
             ,
             he
             known
             to
             them
             ,
             and
             they
             to
             him
             ,
             the
             most
             of
             them
             .
             But
             my
             Lord
             ,
             these
             disputes
             are
             not
             allowed
             to
             others
             ;
             and
             the
             Gentleman
             will
             (
             I
             hope
             )
             have
             so
             much
             modesty
             at
             last
             ,
             that
             he
             will
             think
             he
             hath
             said
             a
             little
             too
             much
             to
             the
             court
             ;
             and
             I
             think
             ,
             it
             is
             not
             good
             to
             provoke
             too
             far
             .
             And
             my
             Lord
             ,
             he
             hath
             said
             much
             ,
             and
             you
             have
             given
             him
             faire
             answers
             ,
             and
             those
             that
             are
             cleare
             and
             undeniable
             .
             But
             if
             he
             speak
             of
             the
             jurisdiction
             of
             the
             court
             ,
             and
             that
             he
             will
             not
             plead
             ,
             let
             him
             speak
             in
             plain
             English
             ,
             and
             he
             shall
             hear
             me
             in
             plain
             English
             .
          
        
         
           
             M.
             Love.
             
          
           
             Although
             I
             am
             not
             satisfied
             as
             to
             the
             foundation
             and
             originall
             of
             this
             court
             ,
             yet
             I
             refuse
             not
             a
             triall
             ,
             hoping
             that
             tendernesse
             of
             conscience
             will
             appear
             in
             you
             ,
             and
             clearnesse
             in
             me
             ,
             and
             weaknesse
             of
             proof
             against
             me
             .
             Upon
             this
             ,
             I
             do
             not
             refuse
             a
             triall
             ,
             but
             I
             will
             plead
             ,
             if
             I
             may
             have
             that
             which
             the
             Law
             allows
             me
             .
             And
             according
             to
             my
             weak
             measure
             and
             unskilfulnesse
             in
             the
             Law
             ,
             upon
             the
             charge
             read
             against
             me
             ,
             I
             do
             apprehend
             there
             may
             be
             some
             things
             objected
             against
             the
             legality
             of
             the
             Indictment
             ,
             and
             many
             things
             to
             take
             it
             off
             ,
             both
             for
             matter
             of
             time
             ,
             and
             form
             ,
             and
             other
             things
             ,
             by
             a
             lawyer
             .
             Therefore
             I
             intreat
             I
             may
             have
             counsell
             to
             be
             with
             me
             ,
             both
             in
             my
             chamber
             ,
             and
             here
             in
             the
             court
             ,
             and
             then
             I
             will
             plead
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             am
             not
             here
             to
             make
             a
             bargain
             :
             but
             this
             I
             will
             say
             to
             him
             ,
             he
             hath
             had
             so
             much
             tendernesse
             and
             respect
             ,
             as
             few
             men
             more
             .
             He
             hath
             had
             notice
             of
             his
             triall
             above
             a
             fortnight
             ;
             and
             my
             Lord
             ,
             he
             hath
             not
             been
             denied
             counsell
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             could
             do
             nothing
             in
             order
             to
             my
             triall
             ,
             because
             I
             have
             sent
             for
             counsell
             ,
             and
             they
             would
             not
             come
             neer
             me
             ,
             because
             they
             were
             not
             assigned
             by
             this
             court
             ;
             and
             my
             studies
             being
             another
             way
             ,
             and
             being
             unskilfull
             in
             the
             Law
             ,
             therefore
             I
             could
             do
             nothing
             in
             preparation
             to
             my
             triall
             :
             Therefore
             I
             pray
             do
             not
             destroy
             me
             in
             a
             hurry
             :
             The
             more
             faire
             the
             triall
             is
             ,
             the
             more
             just
             you
             will
             be
             ,
             and
             I
             the
             more
             guilty
             if
             it
             be
             proved
             against
             me
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             appeal
             to
             Master
             Love
             ,
             whether
             or
             no
             it
             was
             not
             denied
             to
             Lilburne
             ;
             and
             there
             is
             none
             that
             hears
             him
             ,
             but
             sees
             he
             hath
             prepared
             himself
             ,
             and
             perused
             severall
             Acts
             whereupon
             he
             is
             impeached
             .
             But
             these
             are
             discourses
             (
             my
             Lord
             )
             which
             if
             he
             will
             put
             too
             nigh
             upon
             the
             court
             ,
             that
             we
             should
             dispute
             :
             we
             cannot
             force
             words
             from
             him
             .
          
        
         
           
             M.
             Love.
             
          
           
             Mr.
             Prideaux
             is
             pleased
             to
             urge
             Mr.
             Lilburne
             ,
             but
             I
             have
             more
             matter
             of
             Law
             arising
             from
             the
             charge
             then
             he
             had
             ,
             and
             have
             not
             that
             triall
             by
             way
             of
             a
             Jury
             as
             he
             had
             ;
             and
             there
             are
             many
             things
             in
             the
             charge
             said
             to
             be
             done
             before
             the
             Act
             of
             the
             29
             March
             ,
             1650.
             which
             gives
             you
             cognizance
             onely
             of
             things
             done
             from
             that
             time
             ;
             so
             that
             many
             things
             there
             are
             ,
             in
             which
             counsell
             would
             advise
             me
             ;
             therefore
             I
             beseech
             you
             deny
             me
             not
             that
             right
             and
             just
             favour
             .
          
        
         
           
           
             L.
             Pres
             .
          
           
             You
             do
             not
             breathe
             the
             same
             aire
             nor
             the
             same
             breath
             ,
             for
             it
             comes
             from
             you
             both
             yea
             and
             nay
             :
             for
             you
             say
             you
             are
             ignorant
             ,
             and
             yet
             will
             not
             be
             informed
             by
             any
             thing
             that
             can
             be
             said
             ,
             and
             so
             your
             ignorance
             is
             wilfull
             .
             But
             in
             this
             case
             I
             am
             sure
             ,
             what
             Law
             soever
             you
             can
             plead
             ,
             yet
             there
             be
             some
             Acts
             and
             matters
             you
             have
             denied
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             have
             urged
             matter
             of
             law
             arising
             out
             of
             the
             charge
             ,
             from
             the
             29
             of
             March
             ,
             1650.
             
             There
             was
             no
             Act
             then
             ,
             that
             I
             know
             of
             ,
             that
             did
             prohibite
             the
             sending
             of
             Letters
             or
             Messages
             to
             or
             from
             Scotland
             ;
             and
             I
             am
             indicted
             for
             Letters
             or
             Messages
             sent
             to
             ,
             and
             received
             from
             Scotland
             ,
             before
             that
             time
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             would
             fain
             give
             you
             satisfaction
             :
             do
             not
             cast
             away
             your self
             .
             My
             Lord
             ,
             we
             do
             use
             in
             law
             to
             lay
             it
             so
             for
             the
             fact
             ,
             we
             cannot
             tell
             what
             the
             proof
             will
             be
             ,
             whether
             the
             proof
             will
             be
             within
             this
             three
             moneths
             or
             ten
             moneths
             ;
             and
             it
             is
             laid
             in
             relation
             to
             other
             offences
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             have
             here
             the
             Letters
             of
             severall
             Counsellors
             ,
             and
             they
             returne
             to
             me
             their
             denial
             ;
             if
             I
             could
             have
             got
             their
             counsell
             ,
             I
             would
             :
             And
             yet
             if
             I
             had
             had
             it
             ,
             I
             could
             not
             tell
             what
             they
             should
             have
             advised
             me
             in
             ,
             not
             having
             a
             copy
             of
             my
             charge
             .
          
        
         
           
             L
             Pres
             .
          
           
             If
             you
             had
             desired
             a
             copy
             of
             your
             charge
             ,
             you
             might
             have
             had
             it
             .
             You
             must
             know
             you
             are
             before
             those
             that
             have
             law
             and
             conscience
             ,
             and
             that
             are
             bound
             to
             be
             of
             counsell
             for
             you
             ,
             and
             that
             is
             the
             court
             ,
             and
             it
             is
             their
             duty
             to
             see
             that
             whatsoever
             the
             law
             of
             England
             allows
             you
             to
             have
             ,
             that
             that
             you
             should
             have
             ;
             but
             you
             must
             have
             it
             in
             a
             due
             and
             proper
             time
             and
             manner
             of
             law
             appointed
             .
             You
             are
             not
             now
             for
             the
             present
             where
             Lilburn
             was
             ,
             nor
             before
             such
             a
             court
             ;
             he
             was
             before
             a
             Commission
             of
             Oyer
             and
             Terminer
             ,
             who
             are
             to
             proceed
             according
             to
             those
             Laws
             ,
             and
             upon
             that
             the
             Commission
             directs
             ,
             and
             that
             is
             by
             that
             which
             the
             known
             and
             fundamentall
             laws
             of
             England
             direct
             unto
             :
             but
             this
             is
             not
             in
             all
             particulars
             the
             like
             ;
             the
             Jury
             there
             hath
             a
             large
             latitude
             ,
             who
             proceed
             by
             way
             of
             grand
             Jury
             and
             petty
             Jury
             ,
             which
             are
             both
             included
             in
             this
             court
             :
             so
             that
             in
             all
             things
             the
             proceedings
             upon
             that
             are
             not
             as
             upon
             this
             :
             but
             thus
             far
             the
             proceedings
             are
             alike
             ;
             you
             have
             your
             charge
             ,
             and
             you
             are
             to
             plead
             to
             it
             ,
             for
             that
             is
             the
             first
             thing
             to
             be
             done
             ;
             there
             is
             nothing
             can
             answer
             your
             charge
             ,
             but
             whether
             you
             be
             guilty
             or
             not
             guilty
             :
             if
             you
             plead
             not
             guilty
             ,
             then
             the
             evidence
             will
             be
             called
             ,
             and
             if
             then
             any
             matter
             of
             law
             ariseth
             upon
             the
             evidence
             ,
             it
             is
             the
             usuall
             course
             to
             assigne
             you
             counsell
             ,
             and
             to
             be
             counsell
             for
             you
             ,
             and
             to
             tell
             you
             it
             is
             law
             to
             have
             counsell
             ;
             but
             for
             you
             to
             demand
             counsell
             ,
             and
             first
             to
             have
             counsel
             assigned
             you
             ,
             it
             is
             against
             that
             form
             and
             legality
             that
             the
             law
             of
             England
             appoints
             ;
             for
             till
             you
             put
             your self
             upon
             trial
             ,
             we
             cannot
             allow
             you
             counsel
             to
             the
             trial
             ;
             so
             that
             you
             must
             plead
             ,
             and
             it
             is
             our
             duty
             to
             tell
             you
             so
             :
             and
             it
             is
             the
             duty
             of
             this
             court
             ,
             to
             be
             as
             careful
             when
             you
             have
             put
             your self
             upon
             trial
             ,
             that
             all
             the
             benefit
             of
             the
             law
             may
             be
             afforded
             you
             ;
             therefore
             you
             need
             not
             fear
             it
             ,
             for
             if
             any
             of
             these
             things
             arise
             you
             now
             fear
             upon
             the
             evidence
             ,
             then
             will
             be
             your
             time
             and
             our
             time
             to
             stand
             upon
             this
             you
             now
             do
             ,
             touching
             matter
             of
             law
             ;
             but
             in
             the
             mean
             time
             ,
             in
             truth
             that
             which
             we
             are
             to
             tell
             you
             ,
             and
             which
             we
             are
             bound
             in
             justice
             and
             conscience
             to
             let
             you
             know
             ,
             is
             this
             ,
             that
             you
             are
             out
             of
             your
             way
             ;
             and
             therefore
             do
             not
             destroy
             your self
             :
             for
             if
             you
             refuse
             to
             plead
             ,
             there
             is
             nothing
             then
             but
             a
             plain
             downright
             judgement
             .
          
        
         
           
             M.
             Love.
             
          
           
             In
             ordinary
             courts
             of
             Judicatory
             the
             Judges
             do
             counsel
             for
             the
             prisoner
             ;
             but
             you
             are
             here
             Judges
             not
             onely
             in
             matter
             of
             law
             ,
             but
             of
             matter
             of
             fact
             also
             ,
             and
             therefore
             I
             cannot
             advise
             with
             you
             :
             for
             should
             I
             confesse
             any
             thing
             ,
             then
             it
             ariseth
             out
             of
             my
             own
             mouth
             ,
             and
             you
             will
             condemn
             me
             upon
             it
             ;
             seeing
             therefore
             both
             lie
             in
             you
             ,
             both
             matter
             of
             law
             and
             matter
             of
             fact
             ,
             I
             beseech
             you
             afford
             me
             counsel
             ,
             and
             let
             me
             have
             a
             copy
             of
             my
             charge
             ,
             and
             Solicitors
             ,
             that
             they
             may
             be
             here
             with
             me
             in
             court
             ,
             and
             then
             I
             shall
             willingly
             plead
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             This
             cannot
             be
             done
             ,
             nor
             ever
             was
             done
             ,
             to
             have
             counsel
             assigned
             until
             upon
             matter
             of
             fact
             something
             did
             appeare
             ;
             and
             for
             the
             copy
             of
             the
             charge
             ,
             it
             was
             never
             demanded
             I
             think
             before
             ;
             and
             it
             is
             in
             vain
             for
             us
             to
             speake
             ,
             if
             the
             Gentleman
             do
             refuse
             to
             plead
             ;
             I
             shall
             then
             presse
             you
             for
             justice
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             do
             not
             refuse
             to
             plead
             ;
             but
             yet
             I
             should
             be
             guilty
             of
             my
             own
             bloud
             ,
             should
             I
             not
             plead
             for
             that
             just
             and
             necessary
             means
             for
             the
             preservation
             of
             my
             life
             :
             through
             my
             ignorance
             I
             may
             run
             my self
             into
             hazard
             and
             danger
             ;
             therefore
             I
             beseech
             you
             deny
             me
             not
             that
             just
             favour
             .
          
        
         
           
             A
             lawyer
             a
             member
             of
             the
             Court.
             
          
           
             
               Mr.
               Love
            
             ,
             you
             are
             not
             prodigal
             ,
             you
             say
             ,
             of
             your
             bloud
             ,
             nor
             are
             we
             I
             hope
             ,
             prodigal
             of
             your
             bloud
             ;
             we
             are
             to
             answer
             for
             all
             ,
             therefore
             I
             pray
             let
             me
             beg
             thus
             much
             of
             you
             :
             if
             you
             plead
             
               not
               guilty
            
             to
             the
             charge
             ,
             then
             there
             is
             a
             proceeding
             to
             be
             by
             Master
             Atturney
             ,
             to
             prove
             you
             guilty
             of
             it
             ;
             and
             if
             by
             any
             evidence
             that
             he
             shall
             produce
             ,
             or
             in
             any
             thing
             that
             shall
             fall
             out
             from
             your
             
             self
             ,
             in
             answer
             to
             the
             evidence
             ,
             there
             shall
             arise
             matter
             of
             law
             ,
             trust
             us
             ,
             I
             pray
             you
             ,
             we
             do
             promise
             you
             that
             we
             will
             give
             you
             the
             benefit
             of
             the
             law
             in
             it
             ;
             and
             when
             there
             comes
             matter
             of
             law
             to
             be
             decided
             ,
             which
             we
             are
             perswaded
             is
             matter
             of
             law
             ,
             then
             you
             shall
             have
             counsel
             assigned
             you
             ;
             but
             there
             is
             no
             counsel
             to
             be
             allowed
             till
             the
             prisoner
             desire
             it
             ,
             and
             shew
             matter
             of
             law
             ,
             for
             which
             he
             desires
             it
             .
          
        
         
           
             Another
             lawyer
             of
             the
             Court.
             
          
           
             The
             main
             thing
             you
             stand
             upon
             ,
             
               Mr.
               Love
            
             ,
             is
             this
             ,
             that
             there
             is
             no
             mention
             made
             in
             any
             Act
             ,
             that
             this
             court
             can
             take
             cognizance
             of
             sending
             to
             ,
             or
             receiving
             from
             Scotland
             ,
             but
             therein
             you
             are
             mistaken
             ;
             for
             the
             businesse
             of
             holding
             correspondency
             with
             Scotland
             ,
             is
             in
             expresse
             words
             appointed
             to
             be
             under
             the
             jurisdiction
             of
             this
             court
             ,
             therefore
             I
             think
             you
             are
             utterly
             mistaken
             in
             that
             .
             Then
             Sir
             ,
             for
             counsel
             ,
             if
             there
             comes
             any
             thing
             in
             the
             world
             that
             is
             legal
             ,
             and
             is
             a
             fit
             thing
             counsel
             should
             be
             heard
             in
             ,
             I
             think
             I
             may
             promise
             it
             ,
             we
             will
             not
             make
             our selves
             so
             far
             guilty
             of
             your
             bloud
             ,
             as
             to
             deny
             you
             that
             justice
             that
             belongs
             to
             any
             man
             ;
             for
             it
             is
             your
             just
             right
             to
             have
             it
             ,
             and
             we
             cannot
             deny
             it
             ,
             when
             a
             point
             of
             law
             ariseth
             .
             And
             you
             do
             not
             urge
             matter
             of
             law
             ;
             onely
             you
             question
             the
             jurisdiction
             of
             the
             court
             ,
             and
             we
             must
             overrule
             you
             in
             that
             ,
             for
             we
             are
             not
             to
             dispute
             the
             power
             of
             the
             court
             ;
             for
             if
             the
             Parliament
             give
             us
             jurisdiction
             ,
             and
             by
             a
             speciall
             Act
             appoints
             ,
             that
             the
             businesse
             of
             holding
             correspondency
             with
             Scotland
             should
             be
             within
             the
             cognizance
             of
             this
             court
             ,
             we
             must
             obey
             ,
             and
             not
             dispute
             .
          
        
         
           
             M
             ,
             Love.
             
          
           
             I
             suppose
             ,
             Sir
             ,
             a
             man
             may
             demur
             concerning
             the
             jurisdiction
             of
             a
             court
             to
             one
             point
             ,
             as
             if
             he
             be
             accused
             for
             treason
             at
             the
             common
             pleas
             ,
             he
             may
             demur
             to
             the
             jurisdiction
             of
             that
             court
             in
             that
             :
             so
             Sir
             ,
             I
             apprehend
             there
             are
             some
             things
             read
             against
             me
             in
             the
             charge
             ,
             of
             which
             this
             court
             cannot
             take
             cognizance
             ;
             for
             that
             they
             are
             said
             to
             be
             done
             before
             the
             Act
             for
             the
             constituting
             of
             this
             court
             came
             forth
             :
             so
             that
             I
             may
             demur
             to
             the
             jurisdiction
             of
             the
             court
             in
             that
             particular
             .
          
        
         
           
             L.
             Pres
             .
          
           
             For
             you
             to
             anticipate
             your
             evidence
             before
             we
             come
             to
             it
             ●
             we
             do
             not
             tye
             you
             to
             the
             charge
             ,
             but
             to
             the
             proof
             ,
             and
             we
             must
             apply
             our selves
             to
             the
             proof
             ,
             and
             not
             to
             the
             charge
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             And
             for
             the
             businesse
             of
             Scotland
             ,
             which
             troubles
             him
             much
             ,
             it
             is
             exprest
             in
             this
             very
             Act
             ,
             that
             the
             same
             offences
             are
             to
             be
             inquired
             ,
             tried
             ,
             and
             judged
             by
             the
             high
             Court
             of
             Justice
             ,
             in
             such
             manner
             and
             form
             ,
             as
             other
             offences
             are
             to
             be
             tried
             ,
             in
             expresse
             termes
             .
          
        
         
           
             M.
             Love.
             
          
           
             But
             there
             is
             no
             time
             mentioned
             :
             for
             there
             are
             two
             Acts
             ,
             wherein
             if
             the
             prisoner
             be
             not
             indicted
             within
             a
             yeer
             ,
             then
             the
             fact
             shall
             not
             be
             prosecuted
             .
             Therefore
             I
             must
             demur
             to
             the
             charge
             ,
             as
             not
             legal
             in
             matter
             of
             form
             .
             There
             are
             two
             Acts
             declaring
             what
             offences
             shall
             be
             treason
             ,
             wherein
             it
             is
             said
             in
             those
             two
             Acts
             ,
             That
             if
             the
             party
             be
             not
             indicted
             within
             a
             yeer
             ,
             he
             shall
             not
             be
             indicted
             at
             all
             .
             Now
             the
             Indictment
             that
             is
             against
             me
             ,
             looks
             back
             to
             things
             that
             are
             pretended
             to
             have
             been
             done
             by
             me
             in
             1648.
             and
             1649.
             
             And
             so
             according
             to
             those
             two
             Acts
             ,
             I
             am
             not
             to
             be
             questioned
             for
             them
             ,
             it
             being
             above
             a
             yeer
             before
             I
             was
             indicted
             .
          
        
         
           
             L.
             Pres
             .
          
           
             How
             is
             it
             possible
             that
             this
             comes
             to
             be
             an
             exception
             untill
             you
             heare
             the
             evidence
             ?
             if
             you
             heare
             the
             evidence
             ,
             and
             do
             finde
             that
             the
             witnesse
             do
             speak
             to
             this
             not
             within
             the
             time
             of
             the
             limitation
             ,
             then
             is
             your
             exception
             proper
             ;
             but
             no
             counsel
             can
             divine
             what
             time
             they
             can
             give
             evidence
             for
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             I
             am
             now
             to
             look
             to
             the
             charge
             of
             treason
             read
             against
             me
             ,
             and
             not
             to
             the
             evidence
             ;
             and
             in
             the
             charge
             I
             am
             indicted
             for
             those
             things
             ,
             for
             which
             I
             apprehend
             I
             ought
             not
             to
             be
             indicted
             .
             For
             according
             to
             those
             two
             Acts
             ,
             I
             ought
             not
             to
             have
             been
             indicted
             for
             things
             pretended
             to
             have
             been
             done
             by
             me
             so
             long
             ago
             :
             and
             this
             I
             apprehend
             to
             be
             matter
             of
             law
             .
             And
             for
             the
             witnesses
             ,
             let
             them
             speek
             to
             what
             time
             they
             will
             ,
             yet
             this
             I
             am
             sure
             ,
             they
             cannot
             prove
             that
             I
             was
             indicted
             within
             a
             yeer
             for
             those
             things
             that
             are
             charged
             upon
             me
             to
             be
             done
             in
             1648.
             and
             1649.
             for
             that
             were
             to
             prove
             an
             impossibility
             :
             so
             that
             it
             appears
             to
             me
             ,
             I
             am
             indicted
             for
             those
             things
             for
             which
             I
             ought
             not
             to
             be
             indicted
             .
          
        
         
           
             L.
             Pres
             .
          
           
             It
             may
             be
             so
             ;
             and
             if
             so
             ,
             those
             things
             will
             fall
             off
             of
             themselves
             ;
             there
             may
             be
             some
             things
             true
             ,
             and
             some
             things
             not
             true
             ;
             and
             the
             counsel
             may
             faile
             in
             proof
             of
             some
             of
             them
             ,
             and
             you
             may
             clear
             your self
             ;
             yet
             this
             cannot
             be
             before
             the
             pleading
             .
             When
             you
             come
             to
             plead
             ,
             if
             the
             matter
             be
             not
             proved
             against
             you
             ,
             and
             within
             the
             time
             limited
             ,
             it
             will
             fall
             off
             of
             it self
             without
             any
             words
             at
             all
             ;
             and
             all
             this
             time
             is
             lost
             to
             all
             this
             Auditory
             ,
             and
             no
             counsel
             can
             give
             you
             advice
             in
             this
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             still
             say
             ,
             I
             do
             not
             refuse
             to
             plead
             ,
             but
             if
             you
             would
             afford
             me
             counsel
             ,
             I
             should
             thinke
             my
             life
             in
             a
             great
             deal
             lesse
             danger
             .
             For
             I
             do
             not
             know
             ,
             whether
             I
             may
             not
             ,
             by
             the
             advise
             of
             counsel
             ,
             confesse
             some
             part
             of
             the
             indictment
             ;
             whether
             I
             may
             not
             demur
             in
             law
             upon
             some
             part
             ,
             or
             a
             great
             part
             of
             the
             indictment
             ,
             which
             I
             have
             done
             already
             ;
             As
             that
             I
             am
             charged
             for
             treason
             for
             those
             things
             that
             are
             not
             within
             your
             cognizance
             or
             power
             ,
             as
             I
             apprehend
             ,
             and
             things
             done
             before
             your
             Acts
             ;
             and
             for
             such
             things
             ,
             that
             if
             I
             had
             done
             them
             ,
             I
             must
             have
             been
             indicted
             for
             them
             within
             a
             yeer
             ,
             or
             else
             not
             at
             all
             ;
             and
             these
             I
             deem
             legal
             exceptions
             .
          
        
         
           
           
             Member
             of
             the
             Court.
             
          
           
             My
             Lord
             ,
             he
             is
             very
             ignorant
             of
             the
             law
             ;
             for
             the
             fact
             must
             be
             put
             in
             question
             before
             matter
             of
             law
             can
             arise
             ;
             for
             if
             the
             fact
             be
             one
             way
             ,
             then
             the
             law
             fals
             out
             that
             way
             ;
             if
             the
             fact
             be
             false
             ,
             then
             another
             way
             .
             Now
             if
             Mr.
             Love
             bring
             in
             any
             of
             these
             exceptions
             for
             matter
             of
             fact
             upon
             proof
             ,
             wheth●r
             he
             sent
             letters
             into
             Scotland
             ,
             or
             in
             such
             a
             time
             ,
             whether
             that
             be
             any
             offence
             ,
             that
             will
             all
             arise
             after
             the
             matter
             of
             fact
             proves
             true
             or
             false
             :
             But
             before
             that
             ,
             under
             favour
             ,
             none
             can
             speak
             to
             any
             thing
             against
             an
             Indictment
             ,
             unlesse
             he
             speak
             against
             the
             jurisdiction
             of
             the
             court
             .
             And
             then
             for
             other
             maters
             ,
             they
             are
             saved
             unto
             him
             .
             And
             you
             will
             ,
             I
             suppose
             ,
             admit
             of
             counsel
             in
             matter
             of
             law
             ;
             but
             his
             desire
             cannot
             be
             granted
             unto
             him
             until
             he
             plead
             ,
             and
             until
             the
             matter
             of
             fact
             be
             some
             way
             determined
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             beseech
             you
             acquaint
             me
             then
             with
             the
             meaning
             of
             these
             words
             in
             Judge
             Cooks
             Institutes
             ,
             
               The
               prisoner
               at
               the
               bar
               may
               have
               counsel
               to
               overthrow
               the
               Indictment
               .
            
             It
             must
             be
             either
             to
             overthrow
             a
             part
             of
             the
             Indictment
             ,
             or
             to
             help
             the
             plea
             ,
             either
             to
             plead
             
               not
               guilty
            
             in
             part
             ,
             or
             to
             demur
             in
             part
             .
             Let
             me
             hear
             then
             ,
             I
             beseech
             you
             ,
             what
             is
             the
             meaning
             of
             those
             words
             ,
             That
             the
             prisoner
             at
             the
             bar
             may
             have
             counsel
             to
             overthrow
             the
             Indictment
             .
             I
             cannot
             overthrow
             the
             Indictment
             when
             I
             plead
             ;
             for
             then
             witnesse
             comes
             in
             against
             me
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             He
             may
             overthrow
             the
             Indictment
             by
             the
             witnesse
             ;
             and
             I
             believe
             he
             is
             convinced
             ,
             that
             the
             court
             hath
             jurisdiction
             in
             as
             full
             and
             expresse
             terms
             as
             law
             and
             authority
             can
             give
             them
             .
             And
             for
             the
             next
             ,
             I
             may
             say
             ,
             your
             Lordship
             and
             the
             court
             did
             never
             allow
             a
             counsel
             to
             pick
             holes
             and
             finde
             faults
             .
             But
             if
             he
             object
             that
             to
             you
             that
             is
             just
             and
             probable
             ,
             and
             that
             which
             is
             dubious
             and
             doubtful
             ,
             and
             fit
             to
             be
             debated
             in
             law
             ,
             Assigne
             him
             counsel
             .
             You
             have
             heard
             all
             his
             particular
             exceptions
             ,
             and
             given
             your
             judgement
             upon
             them
             all
             .
             But
             I
             hope
             ,
             he
             doth
             not
             here
             expect
             to
             have
             lectures
             of
             law
             read
             him
             ,
             and
             to
             make
             him
             understand
             them
             .
             But
             as
             to
             those
             particular
             exceptions
             that
             he
             hath
             made
             to
             you
             ,
             I
             think
             some
             satisfaction
             is
             given
             ,
             and
             that
             every
             man
             is
             satisfied
             ,
             and
             that
             there
             is
             no
             colour
             of
             doubt
             there
             ;
             for
             matter
             of
             fact
             ,
             and
             the
             times
             that
             he
             insists
             upon
             .
             For
             the
             Act
             directing
             what
             offences
             are
             treason
             ,
             and
             not
             to
             be
             arraigned
             unlesse
             they
             be
             prosecuted
             within
             a
             yeer
             ,
             I
             must
             tell
             him
             ,
             the
             impeachment
             is
             laid
             from
             1648
             to
             1651.
             
             Yet
             my
             Lord
             ,
             I
             shall
             make
             it
             appear
             ,
             that
             the
             Indictment
             doth
             look
             backward
             to
             some
             offences
             ,
             and
             forward
             to
             others
             ;
             it
             is
             laid
             first
             in
             general
             .
             He
             committed
             such
             and
             such
             treasons
             and
             offences
             in
             such
             and
             such
             years
             .
             And
             I
             shall
             come
             with
             the
             evidence
             ,
             and
             apply
             them
             to
             such
             times
             that
             are
             within
             your
             power
             ,
             and
             in
             which
             the
             law
             makes
             them
             offences
             :
             And
             this
             is
             to
             be
             debated
             then
             ,
             and
             not
             to
             be
             once
             spoken
             of
             now
             .
             My
             Lord
             ,
             I
             shall
             begin
             from
             1648.
             and
             run
             on
             with
             him
             ,
             that
             he
             hath
             continued
             in
             a
             treasonable
             disposition
             ,
             and
             in
             treasonable
             plottings
             ,
             to
             the
             time
             he
             was
             laid
             up
             ,
             and
             since
             ;
             and
             will
             justifie
             all
             ;
             and
             therefore
             it
             behoves
             him
             to
             insist
             upon
             it
             .
             And
             I
             will
             make
             it
             appear
             ,
             that
             he
             was
             one
             of
             the
             first
             that
             ever
             did
             appear
             against
             this
             Common-wealth
             in
             plotting
             ;
             and
             he
             did
             continue
             so
             until
             the
             time
             of
             his
             restraint
             ,
             and
             after
             that
             time
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             you
             are
             no
             witnesse
             ;
             if
             you
             be
             a
             witnesse
             ,
             come
             and
             swear
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             will
             use
             you
             with
             all
             the
             duty
             of
             my
             place
             ;
             and
             if
             you
             give
             me
             not
             occasion
             ,
             I
             shall
             not
             do
             otherwise
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             shall
             give
             you
             no
             occasion
             .
          
        
         
           
             L.
             Pres
             .
          
           
             This
             will
             make
             all
             that
             heare
             him
             ,
             to
             thinke
             that
             this
             is
             the
             very
             best
             of
             his
             case
             ;
             as
             we
             know
             it
             is
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             although
             I
             do
             not
             come
             here
             to
             have
             the
             law
             expounded
             to
             me
             ,
             yet
             I
             do
             come
             here
             to
             have
             the
             benefit
             of
             the
             law
             ;
             and
             if
             the
             law
             allows
             me
             this
             benefit
             (
             I
             being
             unskilful
             )
             that
             if
             I
             can
             finde
             in
             the
             charge
             matter
             of
             law
             arising
             ,
             then
             to
             have
             counsel
             to
             advise
             me
             ,
             and
             to
             overthrow
             the
             Indictment
             ;
             Why
             should
             I
             be
             denied
             this
             benefit
             ?
             And
             I
             do
             not
             yet
             ,
             according
             to
             my
             understanding
             ,
             see
             that
             you
             afford
             me
             the
             benefit
             of
             the
             law
             ,
             you
             not
             granting
             me
             counsel
             to
             advise
             me
             to
             overthrow
             the
             Indictment
             .
          
        
         
           
             One
             of
             the
             Court.
             
          
           
             Mr.
             Love
             ,
             if
             it
             were
             possible
             ,
             I
             desire
             you
             might
             have
             satisfaction
             ,
             for
             this
             that
             you
             desire
             is
             very
             just
             ;
             and
             when
             it
             comes
             to
             its
             proper
             time
             ,
             then
             you
             shall
             have
             it
             :
             But
             do
             not
             by
             disorderly
             demanding
             of
             it
             out
             of
             your
             time
             ,
             lose
             the
             benefit
             you
             might
             have
             of
             it
             when
             it
             comes
             to
             your
             time
             .
             That
             which
             you
             stand
             upon
             ,
             and
             call
             law
             ,
             is
             not
             matter
             of
             law
             ;
             nor
             can
             you
             call
             it
             law
             ,
             till
             you
             hear
             what
             the
             fact
             is
             .
             For
             can
             any
             man
             judge
             what
             is
             matter
             of
             law
             ,
             till
             he
             know
             the
             matter
             of
             fact
             ;
             as
             it
             hath
             been
             told
             you
             well
             ,
             that
             the
             law
             ariseth
             out
             of
             the
             fact
             ;
             〈◊〉
             that
             if
             you
             will
             anticipate
             the
             evidence
             and
             the
             proof
             of
             the
             fact
             ,
             by
             urging
             this
             matter
             of
             law
             〈…〉
             did
             heare
             read
             in
             the
             charge
             ,
             you
             will
             do
             your selfe
             wrong
             ,
             and
             you
             are
             mistaken
             in
             it
             :
             For
             there
             is
             no
             matter
             of
             law
             appears
             there
             ,
             for
             it
             is
             barely
             ,
             
               Thus
               you
               have
               done
            
             .
             And
             if
             you
             say
             this
             is
             Law
             ,
             you
             exclude
             all
             the
             Witnesses
             .
             
             Whether
             you
             have
             done
             it
             or
             no
             ,
             we
             cannot
             tell
             ;
             and
             if
             you
             have
             done
             it
             ,
             whether
             contrary
             to
             law
             or
             no
             ,
             we
             cannot
             tell
             ,
             because
             we
             must
             apply
             the
             witnesse
             to
             the
             Acts
             of
             Parliament
             that
             authorizeth
             us
             to
             sit
             here
             ;
             and
             if
             we
             finde
             that
             the
             doubt
             grows
             upon
             what
             the
             witnesses
             say
             ,
             and
             upon
             what
             the
             law
             saith
             ,
             then
             doth
             matter
             of
             law
             arise
             ,
             and
             then
             it
             is
             time
             for
             you
             to
             say
             ,
             it
             appears
             not
             by
             this
             witnesse
             ,
             that
             it
             is
             within
             the
             Act.
             I
             do
             the
             rather
             speak
             this
             ,
             because
             we
             do
             extreamly
             desi●e
             you
             should
             receive
             satisfaction
             ,
             for
             I
             would
             not
             have
             any
             here
             have
             any
             thing
             put
             upon
             him
             ,
             that
             may
             not
             appear
             just
             and
             according
             to
             law
             ;
             and
             none
             can
             ever
             say
             that
             a
             man
             had
             counsel
             assigned
             him
             before
             he
             pleaded
             here
             .
          
        
         
           
             L.
             Pres
             .
          
           
             It
             is
             now
             the
             Sessions
             at
             Newgate
             ,
             and
             there
             may
             be
             many
             prisoners
             ,
             and
             if
             every
             prisoner
             should
             take
             the
             liberty
             to
             plead
             matter
             of
             law
             ,
             and
             say
             ,
             I
             am
             no
             Lawyer
             ,
             let
             me
             have
             counsel
             assigned
             me
             ,
             and
             I
             will
             answer
             ,
             when
             should
             we
             have
             any
             man
             answer
             ?
             when
             would
             men
             be
             executed
             for
             robbing
             ,
             and
             stealing
             ,
             and
             killing
             ?
          
        
         
           
             M
             Love.
             
          
           
             That
             court
             is
             different
             from
             this
             ,
             you
             here
             are
             Judges
             both
             of
             law
             and
             fact
             ,
             there
             the
             Judges
             judge
             of
             law
             ,
             and
             the
             Jury
             of
             matter
             of
             fact
             .
             But
             Sir
             ,
             satisfie
             me
             in
             this
             ,
             if
             there
             be
             any
             thing
             in
             law
             before
             pleading
             to
             overthrow
             the
             indictment
             (
             as
             I
             perceive
             by
             Judge
             Cook
             there
             is
             ,
             and
             to
             which
             I
             have
             received
             no
             satisfactory
             answer
             )
             let
             me
             have
             that
             legal
             benefit
             to
             overthrow
             the
             charge
             .
             I
             have
             said
             what
             I
             can
             :
             but
             if
             I
             had
             counsel
             here
             ,
             they
             could
             say
             a
             hundred
             times
             more
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             have
             heard
             no
             body
             but
             your self
             ,
             for
             whatsoever
             hath
             been
             told
             you
             by
             the
             court
             and
             your
             friends
             about
             you
             ,
             hath
             not
             been
             hearkened
             unto
             .
             We
             have
             spent
             thus
             much
             time
             ,
             and
             people
             are
             weak
             ,
             and
             if
             you
             will
             plead
             ,
             do
             .
             Reade
             his
             charge
             once
             again
             ;
             and
             I
             tell
             you
             ,
             the
             next
             is
             judgement
             .
          
        
         
           
             The
             Clerk.
             
          
           
             Christopher
             Love
             ,
             
               you
               stand
               charged
               on
               the
               behalf
               of
               the
               Keepers
               of
               the
               Liberties
               of
            
             England
             ,
             
               by
               Authority
               of
               Parliament
               ,
               of
               high
               Treason
               ,
               and
               of
               other
               high
               crimes
               and
               offences
               against
               the
               Parliament
               and
               People
               of
            
             England
             ;
             
               this
               high
               Court
               therefore
               requires
               you
               to
               give
               a
               positive
               and
               direct
               Answer
               ,
               whether
               you
               are
               guilty
               or
               not
               guilty
               of
               the
               Crimes
               and
               Treasons
               laid
               to
               your
               charge
               .
            
          
        
         
           
             M.
             Love.
             
          
           
             I
             am
             not
             satisfied
             ,
             but
             that
             matter
             of
             law
             doth
             arise
             from
             this
             charge
             ;
             and
             I
             do
             earnestly
             presse
             I
             may
             have
             counsel
             ,
             and
             then
             I
             will
             plead
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             do
             as
             earnestly
             presse
             ,
             that
             you
             would
             as
             positively
             say
             ,
             that
             you
             cannot
             allow
             him
             counsel
             till
             he
             hath
             pleaded
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             now
             see
             Mr.
             Attorneys
             words
             to
             be
             true
             .
             When
             he
             came
             to
             me
             to
             the
             Tower
             and
             examined
             me
             ,
             the
             16
             of
             this
             month
             ,
             he
             said
             ,
             That
             seeing
             I
             would
             not
             acknowledge
             (
             as
             he
             called
             them
             )
             my
             treasons
             ,
             I
             was
             judged
             peremptory
             and
             obstinate
             ;
             and
             I
             remember
             he
             said
             these
             words
             to
             me
             ,
             Mr.
             Love
             ,
             
               Though
               you
               are
               too
               hard
               for
               me
               in
               the
               Pulpit
               ,
               yet
               I
               will
               be
               too
               hard
               for
               you
               at
               the
               Bar
            
             ;
             and
             truly
             now
             I
             finde
             it
             so
             ;
             and
             it
             is
             an
             easie
             matter
             for
             a
             Lawyer
             ,
             armed
             with
             Law
             and
             Power
             ,
             to
             be
             too
             hard
             for
             a
             poor
             naked
             Scholar
             ,
             that
             hath
             neither
             Law
             nor
             Power
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Doth
             this
             do
             any
             good
             to
             you
             ?
             if
             it
             were
             so
             that
             you
             are
             too
             hard
             for
             him
             (
             for
             you
             are
             too
             hard
             for
             every
             man
             in
             the
             pulpit
             ;
             )
             yet
             you
             sometimes
             are
             so
             out
             ,
             and
             in
             that
             you
             are
             controulable
             .
             If
             Master
             Attorney
             be
             too
             hard
             for
             you
             here
             ,
             let
             him
             be
             too
             hard
             for
             you
             ;
             but
             it
             is
             the
             Court
             that
             are
             to
             deale
             with
             you
             here
             :
             we
             will
             not
             do
             it
             because
             of
             his
             saying
             ,
             but
             you
             must
             think
             that
             the
             court
             will
             be
             led
             by
             their
             evidence
             ,
             and
             not
             by
             Mr.
             Attorney
             .
          
        
         
           
             M.
             Love.
             
          
           
             You
             gave
             this
             favour
             to
             Master
             Lilburne
             ,
             and
             I
             do
             not
             deny
             to
             plead
             :
             but
             I
             am
             not
             prodigal
             of
             my
             bloud
             ,
             therefore
             I
             crave
             counsel
             .
          
        
         
           
             L.
             Pres
             .
          
           
             I
             do
             not
             know
             what
             to
             say
             more
             to
             give
             you
             satisfaction
             ,
             then
             what
             I
             have
             said
             ;
             you
             say
             you
             do
             not
             deny
             to
             plead
             ,
             and
             yet
             you
             do
             not
             plead
             ;
             you
             say
             Mr.
             Attorney
             is
             too
             strong
             for
             you
             ;
             but
             you
             know
             it
             is
             not
             he
             ,
             but
             the
             evidence
             may
             be
             too
             strong
             for
             you
             .
             And
             do
             not
             you
             think
             that
             you
             have
             such
             Judges
             ,
             as
             will
             let
             you
             receive
             any
             prejudice
             .
             Mr.
             Love
             ,
             you
             are
             a
             Minister
             ,
             I
             pray
             shew
             forth
             the
             spirit
             of
             a
             Minister
             of
             Jesus
             Christ
             ;
             carry
             your self
             so
             ,
             as
             that
             you
             may
             not
             either
             wrong
             your self
             or
             the
             court
             .
             I
             would
             have
             you
             behave
             your self
             without
             recriminating
             .
             You
             speak
             of
             Mr.
             Attorney
             ,
             as
             if
             he
             could
             be
             too
             hard
             for
             you
             ,
             as
             if
             we
             were
             all
             of
             his
             side
             ,
             be
             it
             right
             or
             wrong
             :
             Know
             ,
             that
             we
             are
             men
             of
             conscience
             ,
             and
             have
             souls
             to
             save
             as
             well
             as
             you
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             The
             charge
             is
             long
             ,
             and
             I
             never
             heard
             of
             it
             before
             ,
             nor
             knew
             of
             it
             before
             .
          
        
         
           
             One
             of
             the
             Court.
             
          
           
             We
             give
             you
             our
             faith
             and
             credit
             ,
             that
             if
             any
             matter
             of
             law
             ariseth
             ,
             we
             will
             not
             make
             our selves
             guilty
             of
             your
             blood
             ,
             but
             we
             will
             allow
             you
             counsel
             ;
             your self
             hath
             read
             a
             book
             in
             the
             court
             ,
             that
             shews
             the
             court
             cannot
             allow
             you
             counsel
             till
             you
             plead
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             you
             ever
             consult
             with
             the
             Lieut.
             of
             the
             Tower
             ?
             what
             ,
             will
             you
             cast
             away
             your self
             ?
          
        
         
           
           
             Col.
             West
             Lieut.
             of
             the
             Tower.
             
          
           
             I
             could
             ,
             My
             Lord
             ,
             advise
             him
             no
             more
             then
             what
             I
             knew
             ,
             and
             that
             was
             the
             time
             of
             your
             sitting
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             hope
             you
             will
             not
             in
             a
             hurry
             spill
             my
             blood
             .
          
        
         
           
             Lieut.
             of
             the
             Tower.
             
          
           
             Since
             Saturday
             was
             seven
             night
             he
             was
             not
             restrained
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Your
             Profession
             goes
             much
             in
             profession
             ;
             but
             when
             it
             is
             abused
             ,
             it
             is
             the
             highest
             transgression
             ;
             you
             would
             evade
             things
             with
             mental
             reservations
             ,
             and
             say
             and
             unsay
             at
             the
             Bar
             ,
             as
             high
             as
             any
             Jesuite
             can
             do
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             will
             not
             lye
             for
             my
             life
             ;
             you
             may
             say
             what
             you
             please
             ,
             and
             do
             what
             you
             please
             ▪
             I
             speak
             before
             God
             and
             this
             Audience
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Mr.
             Love
             ,
             know
             that
             we
             are
             here
             in
             as
             sacred
             a
             posture
             as
             you
             are
             in
             the
             highest
             place
             of
             your
             calling
             ,
             and
             if
             we
             do
             not
             know
             that
             God
             is
             here
             present
             ,
             we
             are
             the
             miserablest
             creatures
             in
             the
             world
             ;
             and
             therefore
             if
             your
             office
             and
             ours
             do
             not
             make
             us
             know
             that
             we
             are
             in
             the
             presence
             of
             God
             and
             Jesus
             Christ
             ,
             it
             will
             be
             but
             ill
             for
             us
             ;
             and
             yet
             you
             hurry
             out
             ,
             that
             it
             should
             be
             such
             a
             terrible
             thing
             in
             you
             ,
             more
             then
             in
             us
             .
             You
             have
             spoken
             many
             words
             as
             a
             shadow
             in
             the
             aire
             ,
             there
             is
             nothing
             materiall
             in
             them
             ,
             but
             the
             strength
             of
             your
             will
             against
             the
             judgement
             of
             the
             court
             .
          
        
         
           
             M.
             Love.
             
          
           
             If
             I
             do
             plead
             to
             the
             charge
             ,
             I
             do
             allow
             the
             matter
             and
             form
             of
             the
             charge
             to
             be
             legal
             .
             I
             desire
             to
             have
             counsel
             to
             come
             to
             my
             chamber
             ;
             I
             do
             not
             say
             ,
             to
             come
             to
             this
             place
             ,
             but
             to
             have
             liberty
             for
             them
             to
             come
             to
             my
             chamber
             .
          
        
         
           
             Mr.
             Steele
             Recorder
             of
             London
             .
          
           
             I
             did
             not
             think
             to
             have
             spoken
             ,
             nor
             have
             I
             usually
             spoken
             in
             this
             court
             ,
             yet
             I
             will
             speak
             a
             word
             out
             of
             tendernesse
             to
             your self
             .
             You
             have
             very
             often
             insisted
             upon
             it
             ,
             that
             you
             should
             have
             counsel
             assigned
             before
             you
             plead
             ,
             that
             is
             it
             you
             plead
             for
             :
             truly
             the
             course
             of
             law
             is
             this
             ,
             That
             if
             the
             prisoner
             charged
             at
             the
             bar
             ,
             before
             he
             plead
             shall
             demand
             counsel
             ,
             he
             must
             of
             necessity
             put
             in
             some
             special
             plea
             before
             the
             time
             he
             can
             demand
             counsel
             .
             The
             court
             doth
             not
             inforce
             you
             to
             plead
             guilty
             or
             not
             guilty
             to
             all
             the
             matter
             of
             fact
             ,
             but
             they
             say
             ,
             of
             necessity
             you
             must
             plead
             .
             If
             you
             put
             in
             a
             special
             plea
             ,
             and
             tell
             them
             that
             it
             is
             a
             special
             plea
             ,
             and
             desire
             counsel
             upon
             it
             ,
             they
             will
             consider
             it
             :
             but
             till
             you
             can
             declare
             what
             that
             special
             plea
             is
             ,
             for
             there
             is
             a
             general
             plea
             ,
             and
             a
             special
             plea
             ;
             the
             general
             plea
             is
             ,
             
               not
               guilty
            
             ,
             the
             special
             plea
             is
             in
             some
             particulars
             .
             Now
             for
             you
             to
             alleadge
             neither
             the
             special
             plea
             nor
             the
             general
             plea
             ,
             it
             is
             impossible
             that
             counsel
             can
             be
             assigned
             you
             .
             And
             whereas
             you
             say
             you
             are
             concluded
             if
             you
             plead
             ,
             and
             cannot
             object
             against
             the
             indictment
             afterwards
             ;
             no
             Sir
             ,
             I
             tell
             you
             in
             the
             name
             of
             a
             Christian
             ,
             and
             one
             that
             knows
             a
             little
             of
             the
             law
             ,
             that
             all
             the
             objections
             you
             have
             against
             the
             indictment
             ,
             the
             formality
             of
             it
             ,
             and
             those
             things
             you
             speak
             of
             ,
             as
             that
             of
             your
             fact
             not
             being
             committed
             in
             such
             a
             time
             that
             the
             Act
             holds
             out
             ,
             that
             the
             high
             court
             hath
             no
             relation
             to
             try
             you
             for
             Scotland
             ;
             all
             these
             will
             be
             saved
             to
             you
             ,
             if
             they
             arise
             upon
             matter
             of
             fact
             from
             the
             evidence
             .
             True
             ,
             if
             you
             make
             an
             objection
             against
             the
             jurisdiction
             of
             the
             court
             ,
             that
             hath
             no
             relation
             either
             to
             the
             special
             plea
             or
             general
             plea
             ,
             it
             cannot
             be
             .
             It
             is
             impossible
             an
             objection
             should
             be
             received
             against
             the
             essence
             of
             the
             court
             ,
             there
             is
             none
             can
             possibly
             over-rule
             that
             for
             you
             ,
             but
             themselves
             ;
             it
             is
             such
             a
             thing
             ,
             that
             no
             counsel
             can
             be
             assigned
             you
             ,
             as
             to
             that
             ,
             because
             it
             strikes
             at
             the
             very
             being
             of
             the
             court
             .
             Now
             therefore
             I
             beseech
             you
             in
             the
             name
             of
             a
             christian
             ,
             that
             you
             will
             not
             do
             your self
             that
             prejudice
             ,
             for
             nature
             teacheth
             every
             man
             to
             preserve
             himself
             by
             all
             just
             wayes
             and
             means
             ;
             and
             I
             do
             believe
             that
             in
             this
             businesse
             you
             have
             apprehended
             it
             for
             your
             preservation
             ,
             and
             that
             you
             are
             loth
             to
             do
             any
             thing
             that
             tends
             to
             your
             destruction
             ;
             but
             you
             may
             satisfie
             your
             conscience
             ,
             in
             that
             you
             have
             done
             what
             you
             can
             .
             And
             when
             you
             have
             pleaded
             ,
             and
             used
             all
             the
             arguments
             you
             can
             ,
             and
             have
             heard
             the
             judgement
             of
             the
             court
             in
             it
             ,
             you
             may
             satisfie
             your
             conscience
             ,
             that
             in
             the
             words
             of
             honest
             men
             (
             unlesse
             it
             be
             the
             jurisdiction
             of
             the
             court
             ,
             though
             you
             have
             tacitely
             spoken
             there
             )
             you
             shall
             have
             that
             right
             and
             priviledge
             which
             the
             law
             allows
             you
             .
             I
             confess●
             ,
             I
             never
             spake
             here
             before
             ,
             and
             it
             is
             a
             rule
             amongst
             us
             ,
             that
             none
             but
             the
             President
             should
             speak
             ,
             and
             we
             have
             done
             more
             to
             you
             ,
             then
             to
             the
             greatest
             person
             that
             ever
             spake
             here
             ,
             because
             we
             think
             some
             necessity
             lies
             upon
             us
             towards
             you
             (
             in
             regard
             of
             your
             calling
             ,
             and
             the
             worth
             that
             hath
             appeared
             in
             you
             )
             to
             direct
             you
             what
             you
             have
             to
             do
             .
          
        
         
           
             M.
             Love.
             
          
           
             Sir
             ,
             a
             man
             may
             demur
             touching
             the
             jurisdiction
             of
             any
             court
             ,
             if
             he
             can
             shew
             any
             thing
             in
             the
             indictment
             that
             the
             court
             cannot
             take
             cognizance
             of
             ,
             which
             he
             is
             charged
             with
             ;
             though
             he
             do
             not
             demur
             simply
             as
             to
             their
             jurisdiction
             in
             general
             ,
             yet
             as
             to
             that
             particular
             he
             may
             demur
             ;
             as
             a
             man
             may
             demur
             in
             Chancery
             ,
             when
             a
             cause
             is
             onely
             triable
             at
             the
             common
             law
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             must
             know
             ,
             that
             he
             that
             speaks
             against
             the
             jurisdiction
             of
             the
             court
             ,
             speaks
             against
             the
             jurisdiction
             of
             the
             Parliament
             of
             England
             .
          
        
         
           
           
             Mr.
             Steel
             Recorder
             of
             London
             .
          
           
             
               Mr.
               Love
            
             ,
             to
             help
             your
             understanding
             ,
             I
             did
             not
             say
             that
             
               Mr.
               Love
            
             did
             expresly
             speak
             against
             the
             power
             of
             the
             Court
             ,
             as
             if
             they
             had
             no
             power
             to
             try
             him
             ;
             but
             this
             he
             seemed
             to
             say
             ;
             That
             what
             he
             hath
             offered
             against
             the
             jurisdiction
             of
             the
             Court
             ,
             in
             any
             thing
             he
             is
             questioned
             for
             ,
             if
             he
             have
             not
             counsell
             for
             it
             before
             ,
             he
             cannot
             have
             it
             afterwards
             .
             Now
             if
             the
             question
             you
             offer
             be
             a
             mixt
             doubt
             ,
             for
             your
             objection
             is
             mixt
             ;
             for
             you
             say
             ,
             the
             Court
             hath
             no
             power
             to
             try
             the
             facts
             ,
             whereof
             you
             are
             indicted
             ;
             now
             is
             it
             possible
             the
             Court
             can
             judge
             of
             that
             ,
             or
             know
             there
             is
             matter
             of
             law
             ariseth
             out
             of
             it
             ,
             till
             the
             fact
             appear
             out
             of
             the
             mouths
             of
             the
             witnesses
             ?
             it
             may
             be
             the
             fact
             will
             not
             be
             proved
             ,
             then
             there
             wil
             be
             no
             matter
             of
             law
             arising
             ;
             if
             the
             fact
             be
             proved
             that
             it
             was
             done
             at
             such
             a
             time
             ,
             before
             the
             act
             was
             made
             ,
             when
             that
             appears
             to
             them
             ,
             the
             Court
             then
             will
             strike
             it
             off
             ,
             you
             shall
             not
             need
             counsell
             ,
             then
             we
             shall
             not
             regard
             it
             :
             if
             upon
             the
             fact
             any
             other
             doubt
             ariseth
             in
             relation
             to
             Scotland
             (
             for
             it
             must
             be
             from
             two
             witnesses
             ,
             your
             doubting
             being
             mixed
             with
             matter
             of
             fact
             )
             we
             shal
             then
             be
             able
             to
             judge
             of
             it
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Sir
             ,
             if
             any
             crime
             be
             laid
             to
             my
             charge
             ,
             that
             ought
             not
             to
             be
             laid
             ,
             and
             that
             this
             Court
             can
             take
             no
             cognizance
             of
             ,
             I
             should
             have
             counsell
             in
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             We
             have
             spoken
             more
             to
             you
             then
             became
             us
             ,
             perchance
             ,
             and
             that
             from
             tendernesse
             to
             you
             ;
             and
             if
             nothing
             can
             give
             you
             satisfaction
             ,
             but
             over
             and
             over
             with
             the
             same
             things
             again
             ,
             we
             can
             but
             speak
             our
             consciences
             and
             leave
             it
             to
             your self
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             do
             declare
             ,
             I
             do
             submit
             to
             the
             tryall
             ,
             and
             am
             willing
             to
             do
             it
             ;
             but
             it
             behoves
             me
             to
             use
             all
             just
             means
             for
             the
             preservation
             of
             my
             life
             ;
             if
             you
             will
             ,
             give
             me
             but
             a
             dayes
             time
             to
             consult
             with
             counsell
             .
          
        
         
           
             L.
             Pres
             .
          
           
             That
             is
             in
             your
             learning
             sufficient
             to
             say
             ,
             you
             will
             do
             it
             ,
             and
             yet
             do
             not
             do
             it
             ;
             because
             I
             say
             ,
             I
             will
             submit
             ,
             therefore
             I
             do
             submit
             ;
             this
             is
             no
             obedience
             at
             all
             .
             I
             know
             no
             such
             Logick
             as
             this
             ;
             it
             is
             submitting
             that
             must
             do
             it
             ;
             you
             will
             submit
             ,
             but
             you
             will
             not
             act
             ;
             pray
             M.
             Love
             ,
             be
             so
             charitable
             as
             to
             take
             us
             to
             be
             Christians
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             What
             prejudice
             Sir
             ,
             can
             it
             be
             to
             this
             Court
             ,
             being
             I
             have
             not
             spoken
             with
             any
             Lawyer
             ,
             to
             give
             me
             but
             a
             days
             time
             ?
             I
             will
             desire
             no
             more
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             would
             faine
             know
             ,
             why
             may
             not
             the
             next
             prisoner
             say
             ,
             you
             have
             done
             so
             in
             Mr.
             Love's
             case
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             You
             have
             accepted
             of
             speciall
             pleas
             ,
             you
             did
             it
             in
             the
             case
             of
             Sir
             
               John
               Stowel
            
             ;
             and
             if
             I
             through
             my
             ignorance
             in
             law
             ,
             cannot
             urge
             the
             strength
             of
             law
             ,
             and
             a
             speciall
             plea
             ,
             as
             otherwise
             I
             might
             do
             ,
             I
             beseech
             you
             let
             me
             not
             be
             prejudiced
             by
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Sir
             
               John
               Stowel
            
             insisted
             upon
             speciall
             matter
             he
             had
             to
             plead
             ,
             and
             that
             was
             ,
             the
             Articles
             of
             Exeter
             :
             but
             he
             did
             first
             plead
             to
             the
             charge
             ,
             Not
             guilty
             :
             yet
             we
             gave
             him
             that
             benefit
             ;
             and
             he
             had
             that
             which
             did
             last
             a
             great
             debate
             of
             this
             Court
             ,
             and
             so
             did
             Hambleton
             ;
             and
             divers
             others
             ,
             we
             will
             do
             no
             otherwise
             with
             you
             then
             with
             them
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             If
             you
             now
             deny
             me
             my
             speciall
             plea
             ,
             I
             cannot
             help
             it
             ,
             which
             is
             this
             ,
             that
             the
             writing
             or
             sending
             letters
             (
             if
             it
             could
             be
             proved
             against
             me
             )
             into
             Scotland
             ,
             doth
             not
             come
             within
             your
             act
             ,
             and
             that
             it
             is
             only
             for
             England
             and
             Ireland
             that
             are
             mentioned
             therein
             .
          
        
         
           
             L.
             Pres
             .
          
           
             If
             there
             be
             a
             speciall
             plea
             wherein
             there
             is
             no
             difficulty
             ,
             then
             we
             give
             no
             counsell
             ;
             but
             a
             speciall
             plea
             must
             have
             something
             that
             is
             dubious
             in
             the
             judgement
             of
             the
             Court
             ;
             but
             for
             this
             ,
             that
             in
             the
             letter
             of
             the
             law
             every
             School
             boy
             understands
             ;
             the
             Judge
             will
             not
             allow
             you
             counsell
             in
             a
             triviall
             matter
             ;
             we
             have
             gone
             over
             and
             over
             with
             you
             againe
             ,
             and
             this
             is
             like
             other
             discourses
             with
             you
             ;
             but
             certainly
             never
             was
             the
             like
             seen
             ,
             that
             a
             Court
             was
             so
             trifled
             with
             .
          
        
         
           
             M.
             Love.
             
          
           
             This
             is
             my
             humble
             motion
             ,
             allow
             me
             but
             counsell
             to
             morrow
             ,
             that
             they
             may
             appeare
             here
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             may
             have
             counsell
             to
             morrow
             as
             the
             case
             shall
             be
             .
          
        
         
           
             M.
             Love.
             
          
           
             Shal
             I
             have
             the
             copy
             of
             the
             Charge
             ?
          
        
         
           
             L.
             Pres
             .
          
           
             You
             shal
             have
             what
             is
             fit
             ,
             you
             shall
             have
             nothing
             denied
             you
             when
             it
             comes
             to
             you
             to
             have
             it
             ,
             you
             shall
             have
             that
             respect
             ;
             I
             do
             it
             not
             to
             flatter
             you
             :
             but
             refuse
             to
             plead
             at
             your
             perill
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             VVill
             you
             give
             me
             but
             this
             favour
             ,
             that
             I
             may
             have
             but
             an
             hour
             or
             two's
             time
             to
             consult
             with
             a
             Lawyer
             ?
          
        
         
           
             L.
             Pres
             .
          
           
             I
             do
             not
             know
             but
             that
             this
             that
             is
             done
             ,
             must
             be
             done
             for
             all
             that
             comes
             to
             the
             bar
             .
          
        
         
           
             Att
             Gen.
             
          
           
             I
             had
             thought
             there
             would
             have
             appeared
             in
             him
             that
             cals
             himself
             a
             minister
             of
             the
             Gospel
             ,
             more
             meekness
             &
             obedience
             to
             authority
             ,
             not
             out-facing
             authority
             :
             &
             it
             is
             not
             wel
             done
             of
             him
             .
             My
             Lord
             
             I
             humbly
             beg
             ,
             that
             having
             had
             thus
             much
             of
             your
             patience
             ,
             and
             perswasion
             by
             arguments
             ,
             and
             all
             means
             used
             to
             him
             ,
             and
             nothing
             will
             prevaile
             ;
             that
             ,
             my
             Lord
             ,
             you
             will
             now
             be
             pleased
             to
             give
             your
             judgement
             according
             to
             the
             rules
             that
             the
             law
             appoints
             you
             ,
             upon
             him
             that
             refuseth
             to
             plead
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             do
             not
             refuse
             to
             plead
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Doth
             a
             man
             of
             your
             learning
             say
             ,
             you
             do
             not
             refuse
             !
          
        
         
           
             M.
             Love.
             
          
           
             A
             man
             may
             demur
             to
             his
             charge
             ,
             and
             yet
             not
             refuse
             to
             plead
             ;
             and
             the
             court
             may
             grant
             me
             a
             daies
             time
             ,
             if
             they
             please
             ;
             for
             I
             come
             here
             unarmed
             and
             unprepared
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             His
             demur
             is
             to
             matter
             of
             fact
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Will
             you
             put
             that
             upon
             law
             ,
             for
             law
             ,
             which
             is
             not
             law
             ?
             and
             by
             your
             putting
             your selfe
             upon
             that
             ,
             you
             confesse
             the
             whole
             charge
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             desire
             one
             favour
             ,
             my
             Lord
             ,
             which
             is
             of
             justice
             to
             him
             ;
             which
             is
             ,
             that
             you
             would
             be
             pleased
             to
             command
             your
             clerk
             to
             read
             that
             act
             that
             says
             ,
             
               If
               any
               person
               before
               you
               refuse
               to
               plead
               ,
               he
               may
               heare
               the
               sentence
               of
               the
               law
               upon
               him
               .
            
          
        
         
           
             L.
             Pres
             .
          
           
             Clerk
             ,
             read
             the
             Act.
             
          
        
         
           The
           Clerk
           reads
           that
           part
           of
           the
           Act
           about
           refusing
           to
           plead
           .
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             we
             desire
             his
             final
             sentence
             .
          
        
         
           
             M.
             Love.
             
          
           
             My
             Lord
             ,
             I
             desire
             but
             the
             favour
             of
             a
             daies
             time
             to
             consult
             with
             Lawyers
             .
          
        
         
           The
           Lord
           President
           consults
           a
           while
           with
           the
           Court.
           
        
         
           
             L.
             Pres
             .
          
           
             I
             now
             do
             deliver
             it
             from
             all
             of
             the
             court
             ,
             and
             all
             of
             them
             are
             of
             that
             minde
             ,
             and
             now
             plead
             ,
             or
             you
             shall
             have
             judgement
             .
          
        
         
           
             M.
             Love.
             
          
           
             But
             if
             I
             plead
             ,
             I
             desire
             I
             may
             have
             counsel
             to
             hear
             the
             witnesses
             .
          
        
         
           
             L.
             Pres
             .
          
           
             We
             will
             not
             make
             a
             president
             ;
             for
             it
             will
             be
             said
             ,
             it
             was
             Master
             Lilburns
             case
             ,
             and
             Master
             Loves
             case
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Will
             you
             promise
             me
             ,
             that
             I
             shall
             have
             counsel
             to
             heare
             the
             witnesse
             .
          
        
         
           
             L.
             Pres
             .
          
           
             We
             will
             promise
             you
             justice
             .
             Reade
             the
             sentence
             .
          
        
         
           The
           Clerk
           goes
           to
           reade
           the
           Sentence
           .
        
         
           
             M.
             Love.
             
          
           
             Not
             guilty
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             we
             do
             say
             in
             the
             behalf
             of
             the
             Common-wealth
             ,
             he
             is
             guilty
             of
             the
             crimes
             and
             treasons
             laid
             to
             his
             charge
             .
             And
             ,
             my
             Lord
             ,
             you
             now
             perceive
             ,
             that
             when
             you
             have
             been
             long
             troubled
             ,
             you
             see
             he
             comes
             very
             hardly
             to
             it
             ;
             an
             innocent
             man
             would
             not
             have
             made
             so
             much
             ado
             ;
             and
             knowing
             his
             innocency
             ,
             would
             not
             have
             had
             so
             much
             capitulation
             and
             trifling
             with
             a
             court
             of
             Justice
             .
             My
             Lord
             ,
             for
             these
             crimes
             ,
             you
             are
             pleased
             to
             observe
             they
             are
             of
             several
             natures
             ,
             and
             of
             long
             continuance
             .
             And
             now
             ,
             my
             Lord
             ,
             for
             the
             state
             of
             the
             evidence
             ,
             it
             is
             commended
             to
             the
             charge
             of
             another
             Gentleman
             ,
             that
             is
             master
             Solicitor
             General
             of
             the
             Common-wealth
             ,
             to
             open
             to
             you
             the
             state
             of
             the
             fact
             ,
             by
             which
             he
             stands
             here
             impeached
             and
             accused
             ,
             the
             nature
             of
             it
             ,
             and
             how
             it
             should
             have
             been
             carried
             on
             ,
             the
             series
             of
             time
             ,
             the
             persons
             with
             whom
             he
             complied
             ,
             how
             plotted
             and
             contrived
             to
             undermine
             this
             Common-wealth
             ,
             even
             to
             the
             foundations
             of
             it
             .
             My
             Lord
             ,
             when
             that
             is
             opened
             ,
             I
             will
             then
             produce
             the
             evidence
             to
             make
             it
             good
             against
             him
             .
          
        
         
           
             Mr.
             Solicitor
             Gen.
             
          
           
             My
             Lord
             ,
             
               Mr.
               Love
            
             urgeth
             much
             for
             himself
             ,
             but
             he
             doth
             not
             tell
             you
             what
             .
             For
             my
             part
             ,
             I
             never
             saw
             his
             face
             till
             now
             ;
             but
             his
             own
             carriage
             ,
             if
             that
             do
             not
             do
             him
             wrong
             ,
             none
             will.
             He
             saies
             ,
             he
             is
             singled
             out
             from
             all
             the
             rest
             of
             his
             brethren
             .
             I
             suppose
             he
             means
             those
             that
             are
             his
             fellow
             conspirators
             ;
             the
             reason
             of
             that
             is
             ,
             because
             he
             was
             the
             first
             ,
             he
             had
             a
             hand
             in
             the
             first
             action
             and
             last
             action
             ;
             so
             that
             from
             the
             beginning
             to
             the
             end
             he
             was
             the
             principal
             man
             ,
             both
             by
             counsel
             ,
             friends
             ,
             purse
             ,
             and
             incouragement
             ;
             and
             that
             is
             the
             reason
             he
             might
             justly
             be
             singled
             out
             to
             be
             first
             in
             the
             punishment
             ,
             because
             he
             was
             first
             in
             the
             fact
             .
             He
             saies
             ,
             God
             in
             Achans
             case
             wrought
             the
             discovery
             .
             My
             Lord
             ,
             I
             thinke
             the
             court
             will
             think
             ,
             that
             God
             was
             the
             great
             Discoverer
             of
             this
             great
             treason
             ;
             for
             through
             the
             whole
             series
             of
             it
             ,
             it
             was
             prest
             and
             carried
             on
             with
             as
             much
             caution
             and
             secrecy
             as
             the
             wit
             of
             man
             could
             contrive
             ,
             and
             nothing
             but
             the
             goodnesse
             of
             the
             God
             of
             lights
             ,
             the
             Father
             of
             lights
             ,
             could
             have
             brought
             this
             to
             light
             ,
             who
             discovers
             the
             secrets
             of
             all
             hearts
             ,
             and
             hidden
             things
             of
             darknesse
             ;
             He
             hath
             discovered
             this
             .
             My
             Lord
             ,
             the
             nature
             of
             the
             treason
             ,
             it
             is
             not
             one
             or
             ten
             treasons
             ,
             but
             it
             is
             a
             mystery
             of
             treasons
             ,
             woven
             together
             during
             the
             space
             of
             two
             years
             ,
             under
             the
             notion
             of
             Religion
             .
             Many
             of
             them
             that
             were
             the
             conspiratours
             ,
             giving
             out
             ,
             that
             they
             were
             a
             party
             distinct
             and
             separate
             ,
             and
             so
             they
             did
             behave
             themselves
             like
             a
             party
             separate
             from
             the
             rest
             of
             the
             Common-wealth
             .
             First
             ,
             this
             party
             did
             assume
             to
             themselves
             soveraign
             power
             ,
             and
             did
             exercise
             it
             divers
             ways
             ;
             they
             did
             take
             upon
             them
             to
             send
             Agents
             abroad
             to
             treat
             with
             forraign
             Princes
             and
             States
             ,
             enemies
             to
             this
             Common-wealth
             ,
             and
             to
             give
             commission
             to
             that
             
             purpose
             ,
             and
             to
             give
             instructions
             to
             that
             purpose
             ,
             they
             did
             demean
             themselves
             in
             this
             point
             ,
             as
             if
             this
             party
             had
             been
             a
             free
             State.
             My
             Lord
             ,
             the
             very
             first
             of
             their
             rise
             was
             that
             in
             February
             ,
             1684.
             
             When
             the
             Scots
             had
             declared
             for
             the
             King
             ,
             then
             they
             send
             immediately
             to
             their
             brethren
             here
             ,
             these
             conspirators
             ,
             to
             let
             them
             know
             that
             they
             intended
             to
             make
             addresses
             to
             the
             new
             King
             very
             speedily
             ,
             and
             that
             there
             was
             propositions
             drawing
             to
             that
             purpose
             ;
             and
             did
             desire
             a
             firm
             compliance
             with
             them
             ,
             promising
             them
             faithfully
             (
             and
             how
             they
             kept
             it
             we
             shall
             hear
             )
             as
             their
             brethren
             of
             Scotland
             ,
             that
             their
             interest
             should
             be
             provided
             for
             as
             their
             own
             .
             And
             the
             Covenant
             that
             was
             the
             ground
             of
             all
             .
             When
             they
             had
             thus
             promised
             ,
             they
             believed
             their
             brethren
             ,
             and
             thereupon
             went
             about
             the
             work
             ,
             and
             established
             a
             councel
             at
             Dowgate
             ,
             and
             there
             they
             met
             ,
             and
             plotted
             and
             contrived
             how
             in
             the
             first
             place
             to
             make
             an
             agreement
             between
             the
             King
             and
             the
             Scots
             ,
             to
             the
             intent
             that
             when
             they
             were
             agreed
             ,
             they
             might
             come
             with
             united
             forces
             to
             invade
             this
             Common-wealth
             .
             They
             were
             plotting
             and
             contriving
             this
             about
             Midsomer
             ,
             1649.
             
             They
             were
             taken
             notice
             of
             abroad
             to
             be
             considerable
             men
             ;
             and
             the
             King
             of
             Scots
             ,
             as
             they
             called
             him
             ,
             thought
             fit
             to
             send
             an
             Agent
             to
             them
             ,
             to
             treat
             with
             them
             ,
             which
             was
             one
             Mason
             ,
             my
             Lord
             Piercies
             man
             ;
             his
             errand
             here
             ,
             was
             to
             reconcile
             both
             parties
             ,
             the
             Royal
             and
             Presbyterian
             party
             ,
             and
             to
             make
             them
             both
             subservient
             to
             do
             his
             work
             .
             My
             Lord
             ,
             he
             treated
             with
             the
             Countesse
             of
             
               Carlisle
               ,
               William
               Drake
            
             ,
             and
             divers
             others
             ,
             citizens
             of
             London
             ,
             and
             this
             was
             with
             the
             privity
             of
             the
             Ministers
             .
             My
             Lord
             ,
             he
             had
             commission
             from
             the
             King
             to
             assure
             these
             conspirators
             ,
             that
             if
             they
             could
             procure
             the
             Scots
             to
             send
             more
             moderate
             propositions
             then
             they
             had
             formerly
             sent
             (
             for
             the
             treaty
             was
             broken
             off
             before
             ;
             the
             propositions
             were
             then
             immoderate
             )
             that
             they
             should
             be
             satisfied
             .
             Thereupon
             they
             were
             so
             confident
             of
             themselves
             ,
             and
             so
             bold
             ;
             (
             and
             in
             this
             Master
             Love
             had
             a
             principal
             hand
             )
             that
             without
             any
             more
             ado
             ,
             he
             frames
             a
             Letter
             to
             Scotland
             ,
             to
             advise
             them
             ,
             and
             to
             perswade
             them
             by
             all
             means
             to
             send
             more
             moderate
             propositions
             .
             The
             Scots
             return
             them
             this
             answer
             ,
             That
             they
             saw
             no
             cause
             to
             send
             more
             moderate
             propositions
             ;
             but
             they
             desiring
             a
             good
             successe
             of
             the
             Treaty
             ,
             they
             should
             send
             before
             hand
             to
             the
             King
             ,
             to
             prepare
             and
             move
             him
             to
             comply
             with
             the
             propositions
             when
             they
             came
             .
             Thereupon
             they
             were
             as
             ready
             ,
             whereas
             they
             sent
             with
             the
             one
             hand
             to
             the
             Scots
             ,
             so
             with
             the
             other
             hand
             to
             the
             King.
             They
             framed
             a
             Letter
             to
             the
             King
             ,
             and
             I
             will
             expresse
             it
             in
             their
             own
             language
             ;
             this
             was
             the
             substance
             of
             their
             Letter
             :
             First
             they
             let
             the
             Prince
             know
             ,
             that
             there
             was
             a
             considerable
             party
             in
             England
             sensible
             of
             their
             sufferings
             there
             (
             they
             made
             themselves
             so
             considerable
             ;
             )
             and
             by
             and
             by
             ,
             you
             shall
             see
             what
             became
             of
             that
             .
             First
             ,
             the
             Kind
             did
             understand
             them
             to
             be
             so
             considerable
             .
             Secondly
             ,
             they
             were
             bound
             in
             conscience
             and
             loyalty
             ,
             to
             the
             utmost
             to
             help
             him
             to
             his
             just
             rights
             ,
             if
             he
             were
             once
             ingaged
             with
             them
             by
             taking
             the
             Covenant
             ,
             &c.
             and
             prosecuting
             the
             ends
             of
             it
             .
             Thirdly
             ,
             that
             there
             was
             no
             way
             to
             do
             this
             ,
             but
             by
             closing
             with
             his
             subjects
             of
             Scotland
             .
             Fourthly
             ,
             that
             being
             done
             ,
             all
             the
             Presbyterians
             were
             bound
             to
             assist
             him
             .
             And
             this
             ,
             which
             they
             did
             ,
             must
             be
             sent
             away
             before
             commissioners
             come
             ,
             to
             prepare
             the
             King
             to
             give
             them
             good
             entertainments
             .
             With
             this
             Letter
             there
             was
             a
             Letter
             sent
             to
             the
             late
             Queen
             ,
             to
             desire
             her
             by
             all
             means
             to
             work
             the
             King
             to
             a
             compliance
             with
             the
             Scots
             .
             And
             there
             was
             a
             Letter
             sent
             to
             my
             Lord
             Piercy
             and
             Jermin
             to
             that
             purpose
             ,
             taking
             notice
             that
             the
             Queen
             ,
             my
             Lord
             Piercy
             ,
             and
             Jermin
             ,
             were
             their
             very
             good
             friends
             ,
             and
             ready
             for
             this
             conjunction
             ;
             whereof
             they
             took
             special
             notice
             ,
             and
             did
             approve
             of
             it
             as
             a
             thing
             very
             acceptable
             ,
             and
             which
             should
             be
             remembred
             in
             due
             time
             .
             My
             Lord
             ,
             this
             Letter
             was
             sent
             ,
             and
             afterwards
             Mason
             he
             brings
             the
             Answer
             from
             the
             King
             ,
             and
             Queen
             ,
             and
             Piercy
             ,
             all
             agreeing
             to
             work
             this
             ,
             that
             the
             Scots
             if
             they
             came
             with
             propositions
             ,
             should
             be
             complied
             withal
             .
             But
             Piercy
             and
             Jermin
             writ
             further
             ,
             and
             did
             advise
             them
             ,
             to
             the
             intent
             the
             King
             might
             not
             fall
             back
             again
             ,
             that
             they
             would
             send
             a
             meet
             person
             to
             be
             present
             about
             the
             King
             when
             the
             commissioners
             came
             ,
             that
             so
             he
             might
             see
             faire
             play
             :
             And
             thereupon
             Titus
             was
             sent
             away
             ,
             to
             be
             an
             agent
             there
             for
             them
             at
             this
             Treaty
             ;
             and
             this
             Treaty
             was
             at
             Jersey
             ;
             but
             this
             Treaty
             took
             not
             effect
             as
             was
             desired
             .
             Whereupon
             they
             resolved
             upon
             another
             treaty
             at
             Bredah
             ;
             but
             at
             the
             treaty
             at
             Bredah
             the
             King
             advised
             in
             his
             Letter
             (
             which
             I
             shall
             reade
             )
             in
             the
             later
             end
             of
             the
             Letter
             ,
             that
             they
             would
             send
             commissioners
             then
             to
             treat
             with
             him
             .
             My
             Lord
             ,
             the
             Letter
             was
             written
             by
             the
             King
             back
             again
             to
             the
             Ministers
             .
             First
             ,
             the
             King
             in
             the
             Letter
             took
             notice
             of
             the
             Ministers
             non-compliance
             with
             the
             present
             power
             ,
             and
             of
             their
             loyalty
             and
             good
             affection
             to
             him
             ;
             and
             that
             if
             God
             restored
             him
             ,
             he
             would
             requite
             them
             .
             Secondly
             ,
             he
             promised
             all
             satisfaction
             to
             the
             Scots
             .
             Thirdly
             ,
             made
             large
             promises
             of
             high
             favours
             particularly
             to
             the
             Ministers
             .
             Fourthly
             ,
             wisht
             them
             to
             send
             commissioners
             ,
             sufficiently
             instructed
             ,
             to
             treat
             at
             Bredah
             .
             Now
             my
             Lord
             ,
             in
             the
             Diary
             that
             came
             along
             with
             this
             (
             for
             there
             was
             a
             Diary
             of
             all
             Titus
             his
             Negotiations
             )
             in
             that
             Diary
             it
             did
             appear
             ,
             that
             the
             King
             was
             very
             much
             satisfied
             with
             the
             correspondents
             application
             to
             him
             ,
             and
             that
             that
             should
             be
             a
             main
             argument
             to
             him
             to
             satisfie
             
             the
             Scots
             .
             So
             my
             Lord
             ,
             if
             they
             had
             not
             thus
             moderated
             ,
             and
             perswaded
             the
             King
             that
             they
             were
             a
             very
             considerable
             party
             ,
             he
             would
             never
             ,
             in
             all
             probability
             ,
             have
             closed
             with
             the
             Scots
             ,
             but
             have
             thought
             them
             very
             inconsiderable
             .
             But
             when
             he
             was
             informed
             ,
             that
             if
             he
             closed
             with
             the
             Scots
             ,
             he
             should
             have
             a
             considerable
             party
             in
             England
             ,
             that
             made
             him
             think
             the
             Scots
             were
             worth
             the
             closing
             with
             .
             My
             Lord
             ,
             Titus
             in
             his
             Negotiation
             at
             Jersey
             did
             assure
             the
             King
             ,
             that
             the
             Ministers
             were
             averse
             to
             the
             present
             Government
             ,
             both
             in
             pulpit
             and
             in
             print
             ,
             and
             that
             they
             were
             well-affected
             to
             serve
             him
             and
             the
             Nation
             ,
             and
             that
             the
             Nation
             was
             ready
             to
             espouse
             his
             quarrel
             if
             he
             did
             joyne
             with
             the
             Scots
             .
             This
             he
             did
             assure
             him
             in
             the
             behalf
             of
             the
             Ministers
             .
             And
             to
             shew
             how
             they
             did
             own
             this
             ,
             they
             did
             like
             this
             assurance
             so
             well
             ,
             that
             they
             sent
             him
             another
             Letter
             ;
             and
             they
             did
             likewise
             send
             him
             a
             Letter
             of
             thanks
             for
             his
             good
             service
             he
             had
             done
             ,
             in
             possessing
             the
             King
             how
             considerable
             they
             were
             .
             My
             Lord
             ,
             after
             this
             businesse
             of
             Jersey
             ,
             when
             Titus
             had
             done
             his
             good
             service
             there
             ,
             he
             was
             coming
             home
             to
             make
             his
             relation
             ;
             but
             hea●ing
             by
             the
             way
             ,
             that
             the
             Councel
             of
             State
             had
             intercepted
             some
             Letters
             ,
             he
             durst
             not
             come
             farther
             then
             Calice
             ;
             and
             from
             thence
             he
             sends
             a
             Letter
             ,
             to
             let
             them
             know
             all
             this
             ;
             and
             withal
             ,
             that
             he
             had
             something
             to
             communicate
             to
             these
             conspirators
             ,
             that
             was
             not
             fit
             to
             be
             communicated
             by
             Letter
             ,
             and
             therefore
             desired
             that
             some
             meet
             person
             might
             be
             sent
             to
             Calice
             .
             Thereupon
             ,
             this
             Letter
             being
             read
             in
             Mr.
             Loves
             study
             (
             so
             secretly
             was
             it
             carried
             )
             there
             it
             was
             agreed
             ,
             that
             Major
             Alford
             should
             be
             the
             man
             that
             should
             go
             to
             Titus
             ,
             and
             should
             receive
             all
             this
             account
             from
             him
             .
             Whereupon
             Alford
             he
             went
             away
             to
             Titus
             presently
             ,
             and
             there
             he
             did
             speak
             to
             him
             ,
             and
             Titus
             did
             acquaint
             him
             with
             all
             these
             proceedings
             ;
             and
             withall
             they
             did
             advise
             ,
             that
             a
             Commission
             should
             be
             sent
             in
             the
             later
             part
             of
             the
             Letter
             .
             So
             that
             now
             they
             had
             no
             more
             to
             do
             ,
             but
             since
             their
             hopes
             failed
             them
             at
             Jersey
             ,
             to
             have
             an
             eye
             to
             the
             Treaty
             at
             Bredah
             ,
             where
             they
             desired
             to
             send
             Commissioners
             .
             My
             Lord
             ,
             this
             letter
             to
             be
             presented
             at
             Bredah
             ,
             was
             managed
             at
             Mr.
             Loves
             house
             .
             Col.
             Massey
             ,
             Col.
             
               Graves
               ,
               Titus
            
             ,
             &c.
             These
             were
             the
             parties
             There
             were
             Letters
             sent
             to
             them
             to
             act
             accordingly
             ;
             and
             Titus
             sent
             letters
             to
             the
             King
             and
             Queen
             ,
             and
             Piercy
             .
             And
             again
             my
             Lord
             ,
             for
             the
             Commission
             ;
             it
             was
             as
             transcendent
             a
             boldnesse
             ,
             as
             ever
             was
             done
             by
             private
             men
             ;
             and
             the
             Commission
             was
             corrected
             by
             Mr.
             Love
             ;
             for
             it
             was
             rough
             drawn
             by
             
               William
               Drake
            
             ,
             which
             was
             the
             English
             Agent
             here
             .
             But
             Mr.
             Love
             in
             his
             study
             ,
             and
             Doctor
             Drake
             ,
             did
             help
             to
             correct
             it
             .
             The
             substance
             of
             the
             Commission
             was
             this
             :
             
               We
               the
               Presbyterian
               party
               in
            
             England
             ,
             
               do
               authorize
               you
            
             ,
             Francis
             Lord
             Willoughby
             of
             Pariham
             ,
             Edward
             M●ssey
             ,
             James
             Bunce
             ,
             Richard
             Graves
             ,
             and
             Sylas
             Titus
             ,
             
               to
               treat
               on
               our
               behalf
               ,
               and
               the
               rest
               of
               our
               Brethren
               the
               Presbyterians
               of
            
             England
             ,
             
               with
               the
               King
               ,
               and
               to
               assist
               our
               brethren
               the
            
             Scots
             
               Commissioners
               ,
               in
               their
               treaty
               with
               the
               King
               ,
               and
               to
               do
               according
               to
               the
               Instructions
               annexed
               .
            
             My
             Lord
             ,
             here
             be
             the
             heads
             of
             the
             Instructions
             :
             That
             the
             Commissioners
             should
             use
             all
             arguments
             they
             could
             ,
             to
             move
             the
             King
             to
             give
             the
             Scots
             satisfaction
             ,
             and
             to
             take
             the
             Covenant
             ;
             and
             particularly
             to
             inform
             him
             of
             the
             condition
             of
             affairs
             ,
             and
             how
             things
             stood
             in
             England
             at
             that
             time
             ;
             all
             which
             then
             cried
             out
             for
             an
             agreement
             with
             the
             Scots
             ;
             giving
             them
             full
             power
             of
             all
             things
             ,
             and
             what
             should
             be
             concluded
             by
             them
             the
             commissioners
             ,
             should
             be
             confirmed
             by
             the
             confederates
             .
             I
             think
             ,
             my
             Lord
             ,
             here
             was
             a
             very
             large
             commission
             ;
             whatsoever
             they
             thought
             fit
             ,
             they
             were
             willing
             to
             comply
             with
             and
             make
             good
             .
             My
             Lord
             ,
             at
             Mr.
             Loves
             house
             ,
             at
             the
             same
             time
             it
             was
             moved
             (
             according
             to
             a
             letter
             from
             my
             Lord
             Piercy
             to
             
               William
               Drake
            
             )
             that
             a
             good
             sum
             of
             money
             might
             be
             sent
             to
             the
             King
             ,
             as
             a
             great
             means
             to
             dispose
             the
             King
             to
             an
             agreement
             with
             the
             Scots
             ;
             but
             they
             did
             not
             think
             fit
             to
             be
             cozened
             of
             their
             money
             ,
             but
             if
             this
             conjunction
             did
             follow
             ,
             then
             to
             raise
             money
             considerably
             .
             And
             they
             went
             on
             so
             far
             ,
             as
             to
             debate
             how
             to
             raise
             this
             great
             sum
             of
             money
             for
             this
             pious
             work
             ,
             as
             you
             shall
             hear
             by
             and
             by
             ,
             under
             what
             notion
             when
             propounded
             .
             Those
             men
             agreed
             ,
             that
             the
             best
             way
             was
             ,
             that
             the
             Ministers
             should
             have
             several
             correspondents
             ;
             and
             that
             they
             should
             propound
             the
             lending
             of
             10
             ,
             20
             ,
             30
             ,
             40
             ,
             or
             50
             pounds
             ,
             for
             a
             charitable
             use
             ;
             but
             you
             must
             not
             ask
             what
             this
             charitable
             use
             is
             for
             .
             And
             this
             charitable
             use
             ,
             what
             would
             it
             have
             been
             ?
             if
             God
             had
             not
             blest
             the
             battle
             at
             Dunbar
             ,
             we
             should
             have
             seen
             it
             .
             My
             Lord
             ,
             a
             little
             before
             the
             battel
             at
             Dunbar
             ,
             when
             they
             had
             a
             letter
             from
             Massey
             ,
             or
             Bailey
             ,
             or
             ,
             somebody
             ,
             they
             then
             began
             to
             understand
             their
             brethren
             better
             then
             before
             ;
             for
             he
             did
             informe
             them
             ,
             that
             notwithstanding
             what
             was
             pretended
             ,
             yet
             for
             all
             that
             ,
             there
             was
             no
             English
             imployed
             ,
             nor
             was
             the
             King
             crowned
             .
             This
             did
             disturb
             the
             minds
             of
             the
             conspirators
             very
             much
             ;
             insomuch
             that
             they
             did
             expostulate
             with
             a
             large
             letter
             written
             by
             Mr.
             Love
             and
             Dr.
             Drake
             ,
             written
             in
             a
             table-book
             in
             sack
             ,
             and
             sent
             there
             ;
             they
             did
             expostulate
             with
             them
             ,
             because
             the
             Presbyterian
             party
             ,
             which
             was
             the
             over-ruling
             party
             ,
             were
             growne
             so
             confident
             of
             carrying
             all
             before
             them
             ,
             that
             they
             did
             neither
             crown
             the
             King
             ,
             nor
             minde
             the
             English
             .
             They
             did
             blame
             them
             for
             this
             ,
             seeing
             this
             going
             upon
             a
             single
             interest
             ,
             and
             upon
             one
             party
             alone
             ,
             
             which
             they
             did
             call
             godly
             ,
             would
             not
             do
             well
             .
             And
             my
             Lord
             ,
             it
             proved
             so
             indeed
             ,
             they
             carried
             it
             on
             upon
             this
             ,
             till
             the
             battel
             at
             Dunbar
             came
             ,
             and
             then
             they
             began
             to
             be
             of
             another
             minde
             .
             After
             that
             battel
             ,
             there
             was
             a
             letter
             from
             the
             commissioners
             of
             Estates
             ,
             pressing
             for
             Arms
             and
             Ammunition
             ;
             and
             letters
             from
             Massey
             and
             Titus
             for
             money
             to
             be
             sent
             .
             My
             Lord
             ,
             these
             good
             natured
             men
             ,
             notwithstanding
             they
             had
             been
             so
             handsomly
             dealt
             withal
             when
             their
             brethren
             were
             in
             power
             ,
             yet
             for
             all
             that
             ,
             so
             fierce
             and
             eager
             were
             they
             to
             carry
             on
             this
             great
             designe
             ,
             which
             God
             knows
             what
             it
             would
             have
             come
             to
             ,
             they
             notwithstanding
             ,
             upon
             Mr.
             Loves
             proposition
             (
             for
             he
             was
             the
             man
             who
             did
             propound
             it
             )
             agreed
             to
             send
             500
             pounds
             presently
             to
             Massey
             .
             My
             Lord
             ,
             this
             money
             was
             raised
             ,
             and
             subscriptions
             taken
             by
             Mr.
             Love
             himself
             at
             his
             own
             table
             :
             And
             this
             is
             proved
             by
             one
             who
             brought
             his
             ten
             pounds
             ,
             he
             brought
             it
             to
             Mr.
             Love
             ,
             and
             would
             trust
             no
             body
             else
             with
             it
             ;
             and
             this
             was
             sent
             away
             presently
             by
             captain
             Massey
             .
             My
             Lord
             ,
             there
             was
             a
             large
             letter
             sent
             also
             with
             the
             money
             ,
             wherein
             was
             good
             counsel
             ;
             for
             besides
             the
             money
             ,
             he
             did
             write
             to
             advise
             his
             brethren
             ,
             that
             it
             would
             be
             notable
             service
             to
             indeavour
             after
             union
             .
             The
             letter
             was
             sent
             ,
             and
             that
             large
             letter
             inviting
             to
             union
             had
             been
             delivered
             to
             the
             Assembly
             ,
             and
             that
             would
             help
             to
             quash
             the
             dissenting
             party
             in
             Scotland
             ,
             who
             had
             made
             the
             King
             a
             prisoner
             .
             But
             now
             the
             State
             and
             Church
             were
             all
             agreed
             ,
             and
             this
             was
             the
             fruit
             of
             Mr.
             Loves
             letter
             .
             And
             if
             they
             had
             not
             been
             so
             united
             ,
             they
             could
             have
             done
             no
             harm
             ;
             this
             letter
             came
             so
             seasonably
             that
             they
             conceived
             it
             very
             considerable
             .
             They
             pressing
             to
             union
             very
             much
             ,
             by
             this
             means
             did
             quash
             the
             dissenting
             brethren
             ,
             and
             by
             that
             means
             they
             came
             to
             be
             as
             now
             they
             are
             .
             My
             Lord
             ,
             about
             Christmas
             last
             ,
             there
             came
             a
             letter
             from
             Massey
             ,
             which
             gave
             an
             account
             of
             crowning
             their
             King
             ,
             and
             of
             great
             preparations
             to
             take
             the
             field
             ;
             and
             that
             the
             correspondents
             here
             should
             beware
             of
             unseasonable
             rising
             ,
             and
             that
             they
             were
             most
             affraid
             that
             these
             persons
             would
             rise
             too
             soon
             ,
             and
             so
             spoile
             all
             .
             My
             Lord
             ,
             in
             answer
             to
             this
             letter
             ,
             they
             write
             back
             again
             to
             Massey
             ,
             to
             advise
             him
             on
             the
             other
             side
             ,
             to
             take
             heed
             that
             he
             came
             not
             into
             England
             but
             well
             provided
             ,
             and
             not
             to
             depend
             much
             upon
             the
             assistance
             here
             in
             England
             ;
             they
             were
             affraid
             he
             was
             too
             weak
             ,
             as
             he
             was
             affraid
             they
             were
             too
             forward
             .
             My
             Lord
             ,
             after
             Cook
             was
             apprehended
             ,
             then
             the
             correspondents
             met
             no
             more
             at
             publick
             meetings
             ,
             and
             yet
             they
             received
             letters
             from
             
               Drake
               ,
               Massey
               ,
               Bunce
            
             ,
             and
             the
             rest
             (
             whereof
             Mr.
             Love
             was
             still
             made
             acquainted
             as
             a
             principal
             man
             )
             that
             told
             them
             of
             the
             hopeful
             condition
             of
             the
             Scots
             Army
             ,
             that
             they
             intended
             to
             engage
             in
             England
             ;
             advising
             the
             party
             here
             ,
             not
             to
             be
             too
             forward
             .
             This
             was
             the
             second
             advice
             ;
             and
             see
             the
             reason
             of
             it
             ;
             for
             if
             Mr.
             Love
             sate
             at
             the
             helm
             ,
             as
             he
             did
             ,
             all
             the
             meetings
             being
             at
             his
             house
             ,
             after
             Drake
             went
             away
             he
             still
             stating
             the
             question
             ,
             drew
             these
             letters
             and
             corrected
             them
             .
             And
             if
             he
             were
             such
             a
             main
             stickler
             ,
             truly
             there
             was
             very
             great
             reason
             for
             his
             advice
             .
             My
             Lord
             ,
             about
             the
             middle
             of
             March
             last
             ,
             Col.
             Bamfields
             man
             brings
             an
             answer
             to
             the
             message
             in
             the
             table-book
             written
             in
             sack
             ,
             containing
             foure
             or
             five
             sheets
             of
             paper
             :
             Upon
             this
             packet
             there
             was
             nothing
             written
             but
             the
             letter
             L.
             to
             deliver
             to
             one
             of
             the
             conspirators
             ;
             and
             seeing
             nothing
             but
             the
             letter
             L.
             written
             ,
             he
             carried
             it
             to
             
               Mr.
               Love
            
             ,
             and
             
               Mr.
               Love
            
             did
             own
             it
             as
             sent
             to
             him
             ;
             and
             that
             was
             the
             large
             Narrative
             of
             the
             state
             of
             affairs
             in
             Scotland
             ,
             after
             the
             fight
             at
             Dunbar
             ,
             how
             things
             stood
             there
             .
             My
             Lord
             ,
             with
             this
             Narrative
             was
             sent
             also
             a
             letter
             from
             
               Mr.
               Bailey
            
             ,
             by
             order
             from
             the
             general
             Assembly
             :
             they
             did
             order
             
               Mr.
               Bailey
            
             (
             which
             was
             the
             Scotch
             correspondent
             there
             )
             to
             write
             a
             large
             letter
             ;
             and
             there
             was
             another
             letter
             from
             my
             Lords
             of
             
               Argile
               ,
               Lowden
            
             ,
             and
             Lothian
             ,
             &c.
             it
             is
             worth
             your
             observing
             what
             this
             letter
             was
             that
             came
             from
             these
             men
             :
             First
             ,
             thanks
             for
             the
             good
             affections
             of
             
               Mr.
               Love
            
             and
             the
             rest
             of
             the
             conspirators
             .
             Secondly
             ,
             incouragement
             to
             persevere
             ,
             and
             to
             credit
             Bamfields
             negotiation
             for
             money
             .
             Thirdly
             ,
             promised
             to
             repay
             all
             ,
             whatever
             they
             should
             lend
             :
             But
             when
             ,
             and
             by
             whom
             this
             payment
             should
             be
             made
             ,
             the
             letter
             will
             tell
             you
             ;
             and
             that
             is
             ,
             when
             God
             shall
             blesse
             their
             endeavours
             in
             procuring
             a
             free
             Parliament
             in
             England
             .
             So
             the
             Parliament
             in
             England
             must
             pay
             all
             the
             Scots
             debts
             ,
             that
             these
             conspirators
             shall
             lend
             .
             Truly
             I
             thinke
             it
             will
             be
             a
             very
             free
             Parliament
             indeed
             ,
             when
             it
             comes
             so
             free
             out
             of
             the
             peoples
             purses
             .
             My
             Lord
             ,
             
               Mr.
               Love
            
             and
             others
             gave
             Bamfields
             man
             that
             brought
             this
             Narrative
             out
             of
             their
             own
             purses
             ten
             pounds
             ,
             and
             sent
             a
             bill
             of
             exchange
             of
             30.
             pounds
             to
             Bamfield
             ;
             by
             one
             witnesse
             it
             will
             be
             expresly
             proved
             ,
             that
             ten
             pounds
             of
             this
             money
             came
             out
             of
             
               Mr.
               Loves
            
             purse
             .
             My
             Lord
             ,
             
               William
               Drakes
            
             last
             letter
             did
             informe
             ,
             that
             Massey
             would
             break
             into
             England
             as
             soon
             as
             there
             was
             grasse
             for
             his
             horses
             ;
             and
             therefore
             he
             sent
             to
             have
             a
             good
             bank
             of
             money
             provided
             in
             readinesse
             ,
             and
             that
             they
             should
             think
             of
             timing
             a
             party
             ,
             and
             that
             they
             should
             neither
             rise
             too
             soon
             nor
             too
             late
             ,
             but
             just
             when
             Massey
             came
             in
             ;
             this
             
               Mr.
               Love
            
             told
             
               Major
               Adams
            
             .
             My
             Lord
             ,
             now
             we
             come
             so
             near
             to
             the
             time
             ,
             as
             that
             one
             of
             these
             conspirators
             is
             apprehended
             by
             the
             Councel
             of
             State.
             When
             he
             had
             been
             in
             restraint
             three
             daies
             ,
             he
             sent
             to
             
               Mr.
               Love
            
             ,
             and
             
               Mr.
               Love
            
             came
             to
             him
             ;
             but
             he
             had
             been
             at
             a
             kinde
             of
             a
             Fast
             ,
             for
             they
             did
             keep
             Fasts
             once
             a
             fortnight
             at
             least
             ,
             and
             
             Prayers
             ,
             for
             the
             good
             success
             of
             this
             design
             ,
             That
             God
             would
             bless
             this
             wonderful
             Treason
             ;
             which
             was
             for
             the
             making
             ,
             by
             the
             Scots
             Army
             ,
             an
             utter
             subversion
             of
             this
             Commonwealth
             ;
             and
             the
             free
             ,
             and
             noble
             ,
             and
             magnanimous
             people
             of
             England
             ,
             should
             be
             made
             vassals
             and
             contributaries
             to
             the
             Scots
             Nation
             ;
             This
             was
             the
             design
             ,
             and
             for
             this
             design
             ,
             the
             Ministers
             fasted
             and
             prayed
             :
             But
             it
             is
             plain
             ,
             God
             did
             abhor
             such
             things
             .
             And
             ,
             my
             Lord
             ,
             Master
             Love
             took
             upon
             him
             ,
             to
             speak
             to
             the
             person
             under
             restraint
             ,
             
               Take
               heed
            
             ,
             saith
             he
             ,
             
               what
               you
               do
               ,
               least
               you
               wrong
               your self
               or
               others
            
             ;
             and
             said
             ,
             
               It
               is
               true
            
             ,
             Titus
             
               his
               man
               hath
               broken
               up
               Papers
               ,
               but
               we
               are
               all
               well
               enough
               ;
               but
               give
               notice
               to
               the
               rest
               of
               the
               Confederates
               ,
               That
               they
               may
               not
               be
               surprised
               ;
               but
               be
               you
               not
               troubled
               ,
               because
               we
               have
               prayed
               for
               you
               this
               day
               :
            
             And
             they
             implored
             the
             God
             of
             Truth
             ,
             that
             nothing
             of
             all
             this
             should
             come
             to
             light
             ,
             but
             that
             we
             should
             be
             in
             the
             dark
             still
             in
             generals
             .
             My
             Lord
             ,
             This
             is
             the
             true
             state
             of
             the
             evidence
             ,
             as
             near
             as
             I
             can
             present
             it
             ,
             with
             a
             frail
             memory
             :
             And
             ,
             my
             Lord
             ,
             I
             have
             opened
             nothing
             but
             generals
             ,
             your
             Lordship
             and
             the
             Court
             ,
             will
             judge
             of
             it
             ;
             and
             Master
             Love
             will
             have
             the
             less
             to
             do
             to
             answer
             :
             But
             it
             appears
             by
             this
             ,
             That
             there
             hath
             been
             such
             a
             practice
             ,
             such
             a
             series
             of
             Treason
             ,
             Treason
             upon
             Treason
             ,
             that
             one
             Act
             of
             Parliament
             is
             not
             enough
             to
             contain
             it
             ;
             but
             all
             those
             Acts
             of
             Parliament
             read
             ,
             every
             one
             of
             them
             make
             him
             a
             Traytor
             .
             And
             ,
             my
             Lord
             ,
             I
             am
             sorry
             I
             have
             taken
             up
             so
             much
             of
             your
             time
             ,
             especially
             ,
             when
             you
             have
             spent
             so
             much
             time
             before
             :
             If
             your
             Lordship
             therefore
             will
             be
             pleased
             to
             have
             the
             patience
             to
             hear
             the
             Witnesses
             ,
             we
             shall
             prove
             more
             then
             I
             have
             yet
             opened
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             This
             was
             an
             early
             Treason
             ,
             that
             began
             betimes
             to
             crush
             the
             Commonwealth
             in
             its
             infancy
             :
             And
             ,
             my
             Lord
             ,
             Master
             Love
             being
             singled
             out
             for
             justice
             ,
             you
             will
             anone
             observe
             ,
             there
             was
             singular
             cause
             for
             it
             ;
             and
             if
             he
             had
             had
             his
             desert
             ,
             it
             had
             been
             long
             before
             now
             :
             But
             States
             can
             play
             sometimes
             with
             Treasons
             ,
             and
             not
             take
             a
             time
             tell
             they
             see
             fit
             .
             My
             Lord
             ,
             This
             Treason
             ,
             as
             I
             have
             opened
             it
             to
             you
             ,
             began
             in
             the
             year
             1648.
             
             The
             King
             of
             Scots
             so
             called
             ;
             but
             take
             notice
             ,
             That
             the
             same
             Nation
             and
             Persons
             that
             proclaimed
             him
             King
             of
             Scotland
             ,
             proclaimed
             him
             King
             of
             England
             also
             at
             the
             same
             time
             ,
             in
             the
             same
             Nation
             ;
             and
             those
             persons
             that
             proclaimed
             this
             person
             King
             of
             Scotland
             ,
             the
             same
             proclaimed
             him
             King
             of
             England
             .
             My
             Lord
             ,
             You
             have
             heard
             some
             of
             the
             Conspirators
             named
             ,
             Titus
             and
             Drake
             ,
             active
             men
             both
             of
             them
             ;
             These
             men
             have
             been
             so
             ingenuous
             ,
             That
             they
             have
             fled
             for
             their
             Treasons
             ;
             notwithstanding
             this
             Gentleman
             ,
             a
             Minister
             of
             the
             Gospel
             ,
             he
             doth
             not
             do
             so
             ;
             they
             have
             confest
             their
             offences
             ,
             and
             are
             fled
             for
             them
             ;
             they
             dare
             not
             appear
             ,
             they
             have
             so
             much
             guilt
             within
             them
             ,
             that
             prompts
             them
             to
             keep
             away
             ;
             but
             this
             Gentleman
             hath
             not
             so
             much
             My
             Lord
             ,
             Drake
             was
             so
             active
             ,
             and
             it
             was
             carried
             on
             with
             so
             much
             secresie
             ,
             and
             so
             much
             (
             as
             they
             thought
             )
             of
             Caution
             ,
             That
             Master
             Drake
             writing
             ,
             as
             that
             Gentleman
             next
             Mr.
             Love
             doth
             ,
             in
             short
             hand
             ,
             he
             burnt
             his
             Papers
             ,
             and
             burnt
             all
             where
             any
             thing
             was
             to
             be
             seen
             ,
             so
             that
             no
             originals
             are
             to
             be
             seen
             .
             My
             Lord
             ,
             in
             this
             case
             it
             hath
             been
             opened
             to
             you
             ,
             what
             transactions
             Mr.
             Love
             had
             with
             Scotland
             ;
             and
             you
             have
             been
             pleased
             to
             observe
             ,
             it
             was
             a
             tender
             point
             ,
             that
             Mr.
             Love
             did
             enter
             discourse
             with
             the
             Scotch
             Nation
             ,
             Mr.
             Love
             was
             very
             much
             troubled
             at
             it
             ,
             and
             he
             may
             see
             just
             cause
             to
             be
             troubled
             at
             it
             :
             And
             will
             you
             give
             me
             leave
             ,
             there
             hath
             been
             Blood
             and
             Treasure
             spent
             ,
             as
             was
             told
             you
             by
             Mr.
             Solicitor
             .
             I
             am
             afraid
             ,
             I
             might
             too
             justly
             say
             ,
             by
             that
             Gentleman
             ,
             and
             those
             he
             did
             seduce
             ,
             That
             they
             have
             been
             too
             much
             the
             cause
             of
             this
             Blood
             ,
             even
             that
             Gentleman
             that
             stands
             at
             the
             Bar
             ,
             that
             should
             be
             a
             man
             of
             peace
             ,
             and
             not
             of
             blood
             .
             My
             Lord
             ,
             I
             may
             justly
             say
             ,
             That
             that
             Gentleman
             hath
             been
             too
             much
             the
             cause
             of
             these
             late
             Engagements
             between
             these
             two
             Nations
             ,
             and
             making
             himself
             a
             party
             ;
             and
             it
             is
             a
             sad
             thing
             ,
             when
             parties
             appear
             against
             a
             State.
             My
             Lord
             ,
             I
             am
             too
             much
             afraid
             ,
             what
             ever
             God
             pleases
             to
             work
             upon
             him
             ,
             That
             it
             should
             touch
             his
             Conscience
             ,
             that
             he
             should
             be
             instrumental
             in
             such
             a
             work
             .
             But
             I
             verily
             believe
             ,
             had
             there
             not
             bin
             actings
             from
             hence
             ,
             there
             had
             not
             bin
             so
             much
             forwardness
             in
             the
             Kings
             party
             to
             the
             Scots
             .
             My
             Lord
             ,
             I
             will
             minde
             that
             Gentleman
             of
             what
             is
             said
             of
             the
             fifth
             of
             November
             ,
             I
             am
             sorry
             for
             it
             ,
             that
             it
             should
             be
             said
             of
             our
             Ministers
             ,
             whose
             Faith
             is
             Faction
             ,
             Whose
             Religion
             is
             Rebellion
             ;
             it
             is
             said
             so
             of
             the
             Romish
             Ministers
             ,
             I
             hope
             it
             will
             not
             be
             said
             so
             of
             the
             English
             ,
             That
             their
             Faith
             is
             Faction
             ,
             and
             that
             they
             pray
             for
             strife
             ,
             and
             fast
             for
             strife
             .
             My
             Lord
             ,
             For
             these
             men
             ,
             Drake
             and
             Titus
             ,
             they
             are
             gone
             ,
             as
             I
             said
             ,
             and
             they
             did
             confess
             themselves
             so
             much
             guilty
             ,
             as
             that
             they
             have
             fled
             for
             it
             ;
             and
             Mr.
             Love
             doth
             know
             (
             I
             am
             sorry
             to
             see
             him
             in
             that
             gesture
             )
             that
             he
             was
             conversant
             with
             them
             all
             ,
             and
             doth
             know
             (
             I
             believe
             )
             that
             we
             can
             prove
             it
             ;
             and
             when
             he
             hears
             the
             men
             named
             ,
             he
             will
             say
             so
             too
             .
             Truly
             ,
             my
             Lord
             ,
             I
             have
             nothing
             to
             say
             against
             the
             person
             of
             the
             man
             ,
             but
             against
             his
             vices
             and
             faults
             ;
             and
             nothing
             to
             his
             Function
             ,
             and
             nothing
             to
             those
             whom
             he
             pretends
             so
             boldly
             to
             represent
             ,
             that
             is
             ,
             the
             Presbyterian
             party
             .
             We
             do
             all
             know
             ,
             there
             are
             many
             honest
             ,
             precious
             and
             godly
             men
             ,
             that
             have
             received
             no
             discountenance
             from
             the
             State
             ;
             nor
             this
             Gentleman
             ,
             that
             should
             give
             him
             any
             countenance
             or
             encouragement
             
             to
             oppose
             the
             State
             :
             But
             it
             is
             somewhat
             a
             bold
             thing
             ,
             for
             a
             particular
             man
             to
             be
             the
             head
             of
             a
             party
             ,
             and
             they
             to
             engage
             as
             representing
             a
             considerable
             party
             ,
             to
             engage
             to
             send
             Commissioners
             to
             agree
             upon
             Instructions
             ;
             this
             is
             very
             bold
             .
             But
             ,
             my
             Lord
             ,
             God
             be
             thanked
             ,
             many
             of
             those
             that
             were
             seduced
             at
             first
             ,
             were
             wise
             ,
             and
             did
             come
             in
             before
             the
             last
             ;
             and
             did
             not
             strut
             it
             out
             ,
             my
             Lord
             ,
             with
             States
             and
             Justice
             ,
             as
             that
             man
             hath
             done
             before
             now
             ,
             and
             at
             present
             ,
             even
             out-facing
             Justice
             ,
             and
             boldly
             ,
             I
             ●ay
             ,
             wiping
             his
             lips
             ;
             he
             hath
             done
             no
             offence
             .
             My
             Lord
             ,
             they
             were
             so
             bold
             with
             Scotland
             ,
             that
             there
             was
             a
             known
             Agent
             there
             maintained
             and
             kept
             ,
             between
             Scotland
             and
             them
             ;
             and
             I
             will
             tell
             him
             the
             Gentlemans
             name
             ,
             his
             name
             was
             Mr.
             Sterks
             ;
             and
             ,
             my
             Lord
             ,
             when
             he
             went
             away
             ,
             the
             Act
             requiring
             those
             of
             the
             Scotish
             Nation
             to
             be
             gone
             ,
             that
             Gentleman
             did
             supply
             him
             with
             money
             himself
             ;
             and
             others
             gave
             him
             eight
             or
             ten
             pounds
             in
             his
             purse
             to
             carry
             him
             away
             .
             My
             Lord
             ,
             I
             believe
             he
             knows
             this
             ,
             and
             I
             am
             sorry
             ,
             That
             that
             Gentleman
             that
             hath
             gone
             along
             with
             us
             in
             much
             of
             this
             War
             ,
             that
             he
             should
             at
             last
             ,
             so
             much
             betray
             his
             own
             discretion
             ,
             as
             rather
             to
             trust
             a
             reconciled
             Enemy
             ,
             then
             to
             be
             true
             to
             his
             own
             Friends
             .
             I
             say
             ,
             He
             trusts
             a
             reconciled
             Enemy
             ,
             and
             a
             weak
             Enemy
             ,
             and
             that
             he
             will
             think
             ,
             and
             will
             know
             ,
             that
             they
             might
             betray
             him
             ;
             as
             justly
             may
             be
             done
             ,
             when
             men
             so
             cast
             themselves
             upon
             the
             Party
             of
             the
             King
             ,
             and
             Queen
             ,
             and
             Peircy
             ,
             and
             Jermine
             ;
             it
             is
             no
             great
             policy
             nor
             discretion
             to
             have
             so
             many
             of
             Councel
             :
             they
             say
             ,
             three
             keeps
             councel
             ;
             but
             this
             Gentleman
             hath
             now
             20
             ,
             30
             ,
             40
             ,
             in
             
               Scotland
               ,
               France
            
             ,
             and
             Holland
             ,
             and
             Agitations
             between
             them
             ,
             and
             frequent
             Intercourses
             .
             My
             Lord
             ,
             I
             shall
             now
             call
             the
             witnesses
             out
             to
             you
             ,
             which
             when
             Mr.
             Love
             doth
             see
             ,
             himself
             will
             say
             ,
             are
             honest
             men
             ,
             and
             to
             be
             believed
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             My
             Lord
             ,
             I
             beseech
             you
             let
             me
             speak
             a
             word
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             he
             hath
             heard
             his
             Charge
             in
             particular
             ;
             and
             those
             things
             ,
             which
             if
             he
             be
             ingenuous
             to
             himself
             ,
             and
             his
             own
             Conscience
             ,
             he
             cannot
             but
             know
             we
             shall
             prove
             them
             ;
             and
             before
             we
             prove
             them
             ,
             I
             desire
             to
             hear
             ,
             whether
             or
             no
             he
             will
             confess
             them
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             hope
             this
             Court
             will
             not
             hearken
             to
             the
             insinuations
             of
             instruments
             of
             State
             ,
             who
             are
             well
             rewarded
             for
             their
             eager
             prosecution
             of
             men
             in
             such
             a
             condition
             as
             I
             am
             in
             ;
             it
             is
             an
             easie
             matter
             ,
             through
             flourishes
             of
             Law
             ,
             and
             strains
             of
             wit
             ,
             to
             stir
             up
             the
             mindes
             of
             my
             Judges
             against
             me
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             have
             heard
             the
             Matter
             opened
             to
             you
             ,
             which
             you
             cannot
             in
             any
             Christian
             ,
             or
             godly
             Conscience
             ,
             or
             Understanding
             ,
             but
             acknowledge
             ,
             That
             such
             Secrets
             as
             these
             you
             were
             privy
             to
             ,
             and
             came
             to
             your
             hand
             ;
             you
             cannot
             ,
             before
             God
             and
             man
             ,
             do
             better
             then
             to
             confess
             these
             ,
             which
             you
             know
             by
             the
             urging
             of
             them
             upon
             you
             ,
             are
             come
             to
             our
             knowledge
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Will
             you
             give
             me
             leave
             to
             express
             my self
             ,
             as
             to
             these
             things
             which
             I
             am
             now
             charged
             with
             ,
             I
             do
             declare
             and
             protest
             ,
             in
             the
             presence
             of
             God
             and
             this
             great
             Assembly
             ,
             That
             I
             never
             wrote
             any
             Letter
             ▪
             either
             to
             the
             King
             of
             Scots
             ,
             or
             to
             the
             Queen
             his
             Mother
             ,
             or
             to
             the
             Church
             or
             State
             of
             Scotland
             ,
             in
             the
             general
             ,
             or
             to
             any
             particular
             person
             of
             the
             Scotish
             Nation
             ,
             since
             the
             Wars
             began
             between
             England
             and
             Scotland
             ,
             to
             this
             day
             .
             I
             do
             declare
             also
             in
             the
             presence
             of
             the
             same
             God
             ,
             I
             never
             received
             any
             Letters
             written
             to
             me
             ,
             either
             from
             the
             King
             of
             Scotland
             ,
             or
             Queen
             his
             Mother
             ,
             or
             from
             the
             Church
             or
             State
             of
             Scotland
             ,
             in
             general
             ,
             or
             from
             any
             particular
             person
             of
             the
             Scotish
             Nation
             ,
             since
             the
             Wars
             began
             between
             the
             two
             Nations
             ,
             to
             this
             day
             .
             I
             declare
             and
             protest
             likewise
             ,
             in
             the
             presence
             of
             the
             same
             God
             ,
             I
             never
             collected
             ,
             or
             gave
             ,
             or
             lent
             ,
             one
             penny
             of
             money
             ,
             either
             to
             send
             into
             Scotland
             ,
             or
             into
             any
             forreign
             part
             ,
             to
             the
             King
             ,
             or
             Queen
             his
             Mother
             ,
             or
             to
             the
             Church
             or
             State
             of
             Scotland
             ,
             in
             general
             ,
             or
             to
             any
             particular
             person
             of
             the
             Scotish
             Nation
             ,
             since
             the
             Wars
             began
             ,
             to
             this
             very
             day
             .
             And
             as
             to
             these
             particulars
             ,
             I
             have
             said
             it
             often
             ,
             I
             am
             as
             innocent
             ,
             and
             as
             harmless
             ,
             as
             the
             least
             childe
             ;
             and
             if
             you
             will
             take
             the
             aggravating
             of
             these
             circumstances
             against
             me
             ,
             and
             will
             proceed
             upon
             aggravations
             of
             the
             crimes
             against
             me
             ,
             I
             hope
             God
             will
             help
             me
             with
             more
             Peace
             of
             Conscience
             to
             undergo
             the
             censure
             ,
             then
             you
             shall
             have
             to
             inflict
             it
             .
             And
             as
             for
             that
             Gentleman
             ,
             that
             made
             that
             great
             relation
             to
             you
             of
             the
             Treaty
             of
             Jersey
             ;
             for
             my
             part
             ,
             I
             am
             as
             great
             a
             stranger
             to
             all
             those
             Transactions
             ,
             as
             any
             here
             .
             I
             never
             saw
             the
             face
             of
             Titus
             ,
             nor
             did
             I
             ever
             send
             to
             him
             or
             receive
             any
             thing
             from
             him
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             We
             shall
             call
             the
             witnesses
             .
          
        
         
           Captain
           P●tter
           
             is
             called
             into
             the
             Court.
          
           
        
         
           
             Mr.
             Love.
             
          
           
             I
             except
             and
             protest
             against
             this
             Witness
             ,
             for
             he
             hath
             been
             already
             examined
             in
             private
             ,
             and
             hath
             made
             his
             confession
             there
             ,
             and
             that
             is
             equivalent
             to
             a
             conviction
             ;
             and
             I
             hope
             ,
             the
             Court
             in
             Justice
             ,
             will
             not
             admit
             of
             this
             man
             for
             a
             witness
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             shall
             have
             Justice
             ,
             as
             well
             as
             ever
             any
             Jesuite
             had
             .
          
        
         
           
             At.
             Gen.
             
          
           
             You
             see
             now
             what
             
               Mr.
               Love
            
             drives
             at
             ,
             and
             you
             will
             finde
             his
             Jesuitical
             evasions
             :
             And
             ,
             my
             
             Lord
             ,
             let
             him
             be
             asked
             ,
             Whether
             ever
             this
             man
             was
             before
             this
             Court
             ,
             or
             any
             Committee
             of
             this
             Court
             ;
             and
             I
             think
             in
             Justice
             ,
             you
             ought
             to
             examine
             Witnesses
             before
             hand
             :
             But
             it
             is
             clear
             and
             evident
             ,
             That
             this
             man
             hath
             been
             a
             party
             with
             him
             .
             I
             do
             humbly
             conceive
             ,
             it
             is
             so
             clear
             and
             evident
             ,
             that
             rather
             I
             should
             except
             against
             the
             witness
             ,
             as
             an
             incompetent
             witness
             ,
             then
             
               Mr.
               Love
            
             ,
             because
             he
             hath
             been
             a
             party
             with
             him
             ;
             but
             I
             desire
             he
             may
             be
             a
             competent
             witness
             ,
             and
             one
             in
             whom
             there
             is
             more
             ingenuity
             ,
             then
             there
             is
             in
             
               Mr.
               Love.
            
             
          
        
         
           
             Mr.
             Love.
             
          
           
             Sir
             ,
             before
             he
             swears
             ,
             I
             beseech
             you
             ask
             him
             this
             question
             ,
             Whether
             he
             hath
             not
             been
             threatned
             with
             death
             ,
             if
             he
             would
             not
             witness
             against
             me
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             cannot
             over-rule
             us
             with
             your
             beseechings
             ,
             and
             beseechings
             ,
             it
             will
             not
             do
             it
             ;
             your
             over-importunity
             shall
             not
             prevail
             with
             us
             .
          
        
         
           
             M.
             Love.
             
          
           
             Let
             God
             prevail
             with
             you
             :
             though
             he
             may
             be
             
               legalis
               testis
            
             before
             Conviction
             ,
             yet
             he
             cannot
             be
             so
             after
             Conviction
             .
          
        
         
           
             The
             Clerk
             ▪
             
          
           
             
               The
               evidence
               you
               shall
               give
               ,
               between
               the
               Keepers
               of
               the
               Liberties
               of
            
             England
             ,
             
               and
               the
               prisoner
               at
               the
               Bar
               ,
               shall
               be
               the
               truth
               ,
               the
               whole
               truth
               ,
               and
               nothing
               but
               the
               truth
               ;
               So
               help
               you
               God.
               
            
          
        
         
           He
           is
           sworn
           .
        
         
           
             L.
             Pres
             .
          
           
             Now
             look
             upon
             the
             God
             of
             truth
             ,
             and
             speak
             the
             truth
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             shall
             speak
             the
             truth
             .
          
        
         
           
             At.
             Gen.
             
          
           
             That
             Gentleman
             was
             pleased
             to
             trust
             others
             ,
             as
             I
             said
             ,
             even
             reconciled
             Enemies
             ,
             and
             fell
             from
             his
             Friends
             .
             I
             do
             grant
             ,
             that
             this
             Gentleman
             hath
             confest
             ;
             and
             if
             every
             honest
             man
             confess
             his
             fault
             ,
             that
             is
             no
             offence
             ;
             for
             an
             honest
             man
             questioned
             for
             a
             fact
             ,
             to
             confess
             the
             truth
             thereof
             .
             I
             have
             not
             heard
             that
             that
             is
             no
             good
             law
             ;
             and
             I
             do
             say
             ,
             that
             before
             ever
             this
             man
             came
             to
             be
             examined
             ,
             we
             did
             know
             it
             all
             ,
             and
             perchance
             from
             those
             that
             this
             Gentleman
             thought
             fitter
             to
             trust
             ,
             then
             us
             ;
             but
             we
             did
             so
             know
             it
             before
             ,
             that
             every
             circumstance
             was
             opened
             by
             us
             ;
             and
             we
             did
             convince
             this
             Gentleman
             ,
             and
             others
             ,
             though
             not
             Mr
             Love
             :
             But
             
               Mr.
               Love
            
             saith
             ,
             He
             must
             not
             accuse
             himself
             ,
             he
             must
             not
             answer
             ;
             but
             this
             Gentleman
             did
             more
             ingeniously
             .
             I
             do
             affirm
             ,
             That
             he
             was
             questioned
             to
             every
             particular
             ,
             before
             he
             answered
             :
             And
             we
             do
             know
             ,
             that
             the
             State
             hath
             long
             hands
             and
             ears
             .
             Now
             ,
             my
             Lord
             ,
             if
             you
             please
             ,
             ask
             
               M.
               Potter
            
             what
             he
             knows
             of
             this
             business
             of
             sending
             to
             ,
             and
             receiving
             from
             Scotland
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             are
             upon
             your
             Oath
             ,
             and
             in
             the
             presence
             of
             God
             ,
             then
             whom
             there
             is
             no
             higher
             upon
             the
             earth
             ,
             that
             is
             in
             the
             seat
             of
             Justice
             ,
             and
             without
             relation
             (
             as
             
               Mr.
               Love
            
             saith
             )
             to
             the
             parties
             ;
             therefore
             tell
             the
             truth
             of
             your
             knowledge
             ,
             in
             the
             transaction
             of
             this
             treacherous
             treason
             ,
             that
             hath
             now
             been
             above
             two
             years
             in
             the
             passages
             ,
             between
             the
             Presbyterian
             party
             .
          
        
         
           
             At.
             Gen.
             
          
           
             No
             ,
             my
             Lord
             ,
             we
             will
             not
             own
             that
             upon
             them
             ;
             there
             are
             some
             that
             do
             stile
             themselves
             so
             ,
             The
             Presbyterian
             Party
             ,
             that
             are
             consciencious
             persons
             ,
             and
             pious
             ,
             and
             godly
             men
             ;
             and
             I
             should
             do
             them
             wrong
             ,
             should
             I
             lay
             it
             upon
             them
             ;
             but
             that
             which
             I
             do
             ,
             is
             against
             those
             that
             do
             undertake
             to
             stile
             themselves
             ,
             The
             Heads
             of
             them
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Begin
             then
             with
             that
             which
             concerns
             
               Mr.
               Drakes
            
             Agency
             .
          
        
         
           
             Cap.
             Pot.
             
          
           
             I
             have
             taken
             an
             oath
             to
             speak
             the
             whole
             truth
             in
             this
             business
             ;
             but
             that
             is
             ,
             the
             truth
             I
             know
             .
             I
             desire
             I
             may
             not
             be
             prest
             to
             things
             that
             I
             have
             onely
             heard
             .
          
        
         
           
             At.
             Gen.
             
          
           
             You
             must
             ,
             and
             from
             whom
             you
             heard
             them
             .
          
        
         
           
             Cap.
             Pot.
             
          
           
             I
             was
             examined
             several
             times
             ,
             and
             had
             a
             wide
             latitude
             there
             ;
             and
             then
             I
             was
             to
             speak
             to
             every
             truth
             ,
             as
             I
             thought
             and
             heard
             ;
             but
             now
             I
             have
             taken
             an
             oath
             to
             speak
             the
             truth
             between
             the
             State
             and
             this
             Gentleman
             :
             And
             I
             beseech
             you
             ,
             that
             I
             may
             be
             held
             close
             to
             those
             things
             ,
             and
             I
             will
             give
             you
             the
             fullest
             and
             fairest
             account
             I
             can
             .
             What
             I
             said
             before
             ,
             was
             in
             order
             to
             the
             discovery
             of
             the
             thing
             ;
             much
             of
             which
             ,
             I
             had
             by
             hear-say
             from
             others
             ,
             and
             in
             that
             I
             may
             mistake
             ,
             in
             persons
             ,
             places
             ,
             and
             times
             :
             What
             I
             have
             done
             my self
             ,
             and
             what
             I
             know
             this
             Gentleman
             hath
             done
             ,
             that
             may
             be
             put
             to
             me
             fully
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             The
             witness
             must
             so
             speak
             ,
             
               That
               we
               have
               seen
               and
               heard
               ,
               that
               do
               we
               testifie
               .
            
          
        
         
           
             At.
             Gen.
             
          
           
             Your
             Doctrine
             will
             not
             pass
             here
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             It
             is
             Scripture
             ,
             Sir
             ,
             and
             it
             behoves
             me
             to
             speak
             ,
             for
             I
             am
             upon
             my
             life
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Mr.
             Potter
             ,
             speak
             what
             you
             know
             ,
             and
             from
             whom
             ,
             and
             I
             desire
             there
             may
             be
             no
             glosses
             put
             there
             ,
             by
             those
             ,
             who
             I
             am
             sure
             ,
             cannot
             do
             it
             .
             I
             ask
             you
             first
             of
             the
             proceedings
             ,
             and
             ●ending
             to
             Scotland
             ,
             and
             back
             again
             to
             England
             ;
             and
             what
             you
             know
             of
             it
             ,
             and
             from
             whom
             .
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             the
             Committee
             ,
             that
             examined
             me
             ,
             knows
             I
             was
             not
             priv●
             to
             the
             first
             transaction
             :
             I
             did
             say
             indeed
             something
             of
             it
             by
             hear-say
             ,
             and
             I
             did
             likewise
             say
             ,
             That
             
               Mr.
               Drake
            
             told
             it
             me
             ;
             but
             I
             
             may
             erre
             in
             that
             particular
             ,
             possibly
             
               M.
               Drake
            
             did
             not
             tell
             me
             so
             ;
             for
             as
             I
             apprehend
             ,
             I
             said
             ,
             I
             did
             think
             it
             did
             put
             a
             necessity
             upon
             the
             King
             to
             agree
             with
             the
             Scots
             ;
             and
             then
             having
             seen
             some
             papers
             ,
             and
             conferr'd
             with
             that
             relation
             others
             have
             made
             ,
             I
             collected
             the
             truth
             of
             them
             ,
             as
             far
             as
             I
             did
             know
             ;
             but
             now
             I
             am
             upon
             my
             oath
             ,
             let
             me
             therefore
             come
             to
             the
             matter
             ;
             I
             spake
             then
             many
             things
             as
             I
             heard
             ,
             which
             I
             cannot
             affirm
             upon
             my
             oath
             .
          
        
         
           
             L.
             Pres
             .
          
           
             We
             must
             judge
             of
             what
             you
             have
             heard
             .
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             I
             cannot
             be
             certain
             of
             that
             .
          
        
         
           
             At.
             Gen.
             
          
           
             That
             is
             receded
             from
             .
             But
             what
             do
             you
             know
             of
             Masons
             coming
             over
             here
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             nothing
             of
             Mason
             ,
             I
             saw
             him
             but
             once
             ,
             and
             at
             that
             time
             there
             past
             nothing
             between
             us
             of
             publick
             concernment
             ,
             as
             I
             remember
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             the
             answer
             that
             was
             returned
             to
             that
             which
             Mason
             did
             bring
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             That
             I
             can
             speak
             nothing
             to
             of
             my
             own
             knowledge
             ;
             I
             heard
             he
             was
             come
             hither
             ,
             and
             was
             here
             to
             see
             the
             tempers
             of
             men
             ,
             and
             to
             see
             how
             things
             were
             like
             to
             go
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             from
             whom
             he
             came
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             It
             was
             said
             he
             came
             from
             my
             Lord
             Piercy
             ,
             but
             these
             things
             are
             so
             remote
             from
             me
             ,
             that
             I
             can
             say
             nothing
             to
             them
             of
             my
             own
             knowledge
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             let
             him
             speak
             what
             he
             knows
             about
             reconciling
             the
             Presbyterian
             parties
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             think
             others
             can
             speak
             more
             close
             to
             that
             ;
             I
             can
             say
             nothing
             but
             by
             hear-say
             ;
             I
             heard
             that
             Mason
             did
             indeavour
             here
             to
             finde
             how
             the
             affections
             of
             the
             people
             stood
             ,
             and
             whether
             there
             was
             a
             necessity
             that
             the
             King
             should
             comply
             with
             the
             Scots
             ,
             or
             with
             the
             cavaliering
             party
             ;
             and
             that
             he
             found
             a
             necessity
             of
             complying
             with
             the
             Scots
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             assistance
             should
             he
             have
             from
             hence
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             no
             more
             of
             Mason
             then
             this
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             if
             there
             were
             not
             some
             letters
             returned
             by
             Mason
             ,
             in
             answer
             to
             what
             he
             brought
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Not
             that
             I
             know
             of
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             you
             hear
             of
             it
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             think
             I
             did
             hear
             of
             it
             ,
             but
             I
             cannot
             tell
             by
             whom
             :
             I
             think
             by
             
               William
               Drake
            
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             whether
             he
             knows
             of
             any
             petition
             sent
             to
             the
             King
             of
             Scots
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             do
             not
             know
             of
             any
             ,
             but
             have
             heard
             so
             .
          
        
         
           
             L.
             Pres
             .
          
           
             By
             whom
             did
             you
             hear
             so
             ?
          
        
         
           
             C
             Pot.
             
          
           
             By
             
               William
               Drake
            
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Who
             did
             Drake
             say
             did
             carry
             the
             petition
             ?
          
        
         
           
             C
             Pot.
             
          
           
             I
             cannot
             tell
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Do
             you
             know
             of
             any
             answer
             returned
             from
             Piercy
             and
             Jermin
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             nothing
             at
             all
             of
             these
             things
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Were
             not
             you
             invited
             to
             the
             meeting
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Yes
             ,
             I
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             did
             he
             tell
             you
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Nothing
             at
             all
             :
             we
             had
             nothing
             but
             common
             discourse
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             was
             there
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             There
             was
             
               William
               Drake
            
             ,
             Major
             Alford
             ,
             and
             I
             think
             Mason
             and
             Titus
             were
             there
             .
          
        
         
           
             L
             Pres
             .
          
           
             Do
             you
             remember
             any
             more
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             do
             not
             remember
             ,
             nor
             can
             I
             certainly
             say
             they
             were
             there
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Were
             not
             you
             prest
             or
             moved
             to
             go
             to
             Jersey
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Not
             that
             I
             know
             of
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             not
             Titus
             offer
             to
             go
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             well
             tell
             ;
             but
             at
             that
             time
             ,
             or
             some
             other
             ,
             he
             either
             was
             spoken
             to
             to
             go
             ,
             or
             offered
             to
             go
             .
          
        
         
           
             L.
             Pres
             .
          
           
             How
             long
             ago
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             I
             cannot
             speak
             this
             of
             my
             own
             knowledge
             ;
             but
             I
             have
             heard
             say
             ,
             I
             think
             ,
             a
             month
             after
             the
             time
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Had
             he
             any
             money
             to
             bear
             his
             charges
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             of
             none
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Well
             ,
             what
             meetings
             afterwards
             was
             there
             in
             
               M.
               Loves
            
             study
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             have
             been
             at
             
               M.
               Loves
            
             severall
             times
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             whether
             he
             was
             not
             present
             in
             
               M.
               Loves
            
             study
             ,
             when
             a
             letter
             was
             there
             read
             from
             Titus
             ,
             and
             who
             was
             present
             there
             ,
             and
             what
             were
             the
             debates
             upon
             it
             ,
             and
             what
             was
             the
             contents
             of
             the
             letter
             ,
             and
             whether
             it
             was
             not
             for
             some
             to
             come
             to
             Calice
             to
             him
             .
          
        
         
           
           
             C.
             Pot.
             
          
           
             The
             letter
             I
             well
             remember
             ;
             I
             cannot
             say
             it
             was
             in
             
               M.
               Loves
            
             study
             ,
             nor
             can
             I
             say
             it
             was
             in
             his
             house
             ,
             I
             do
             not
             know
             
               M.
               Love
            
             was
             present
             ;
             the
             letter
             I
             have
             seen
             it
             ,
             or
             heard
             of
             i●
             ,
             it
             did
             desire
             some
             to
             come
             to
             Calice
             about
             the
             treaty
             ;
             and
             I
             remember
             well
             ,
             that
             Major
             Alford
             told
             me
             he
             did
             go
             to
             him
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             was
             the
             contents
             of
             the
             letter
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             well
             remember
             that
             I
             have
             seen
             it
             ;
             but
             I
             have
             either
             seen
             it
             or
             heard
             of
             it
             ,
             I
             cannot
             tell
             which
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             must
             be
             true
             to
             the
             State
             ,
             and
             speak
             the
             truth
             .
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             I
             would
             be
             true
             to
             the
             State
             and
             to
             the
             Gentleman
             at
             the
             bar
             too
             .
             And
             my
             Lord
             ,
             I
             can
             say
             no
             more
             to
             it
             ,
             I
             either
             saw
             it
             or
             heard
             of
             it
             ,
             I
             cannot
             tell
             which
             .
             I
             am
             upon
             my
             oath
             ,
             my
             Lord
             ;
             the
             letter
             did
             desire
             some
             body
             to
             come
             to
             Calice
             to
             him
             .
          
        
         
           
             Att
             Gen.
             
          
           
             Was
             not
             this
             meeting
             in
             
               M.
               Loves
            
             study
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             it
             was
             in
             his
             house
             ,
             I
             rather
             think
             it
             was
             not
             .
          
        
         
           
             L
             Pres
             .
          
           
             Was
             he
             present
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             he
             was
             present
             ,
             I
             think
             he
             was
             not
             present
             ,
             I
             think
             
               M
               Alford
            
             was
             sent
             to
             the
             tavern
             .
          
        
         
           
             The
             papers
             of
             Captain
          
           Potters
           
             examinations
             were
             here
             produced
             by
             the
             Attorney
             general
             ,
             and
             by
             the
             Clerk
             read
             to
             him
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             these
             were
             his
             Examinations
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             intreat
             this
             may
             be
             remembred
             (
             which
             I
             premised
             at
             fi●st
             )
             I
             had
             a
             latitude
             then
             that
             I
             have
             not
             now
             ,
             I
             am
             now
             upon
             my
             oath
             ,
             and
             desire
             to
             be
             true
             to
             my
             own
             conscience
             ,
             and
             to
             the
             State
             ,
             and
             to
             this
             Gentleman
             ;
             I
             have
             made
             (
             it
             is
             true
             )
             such
             a
             confession
             as
             this
             is
             ,
             and
             I
             believe
             the
             greatest
             part
             of
             it
             to
             be
             true
             ,
             according
             to
             the
             latitude
             I
             spake
             it
             in
             ;
             but
             now
             I
             am
             upon
             my
             oath
             ,
             and
             now
             I
             am
             to
             speak
             knowingly
             ;
             the
             substance
             of
             the
             thing
             is
             true
             ,
             I
             believe
             ,
             that
             he
             was
             sent
             ,
             and
             sent
             upon
             such
             things
             ,
             so
             much
             I
             do
             verily
             believe
             to
             be
             true
             ,
             upon
             my
             oath
             ,
             but
             of
             the
             places
             I●annot
             ●annot
             speak
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Alford
             did
             go
             to
             Calice
             and
             return
             ,
             and
             how
             many
             daies
             was
             it
             between
             his
             going
             and
             returning
             ?
             and
             where
             did
             he
             give
             an
             account
             of
             what
             he
             did
             receive
             from
             Titus
             a●
             Calice
             ?
          
        
         
           
             C
             Pot.
             
          
           
             It
             is
             a
             hard
             matter
             for
             me
             to
             speak
             to
             the
             time
             ,
             I
             think
             about
             a
             week
             ;
             and
             for
             the
             relati●n
             he
             made
             when
             he
             came
             back
             ,
             as
             I
             take
             it
             ,
             I
             met
             him
             at
             the
             Kings
             Head
             in
             W●lbrook
             upon
             his
             landing
             ;
             whether
             he
             made
             the
             relation
             to
             me
             there
             ,
             or
             afterwards
             at
             
               M
               Loves
            
             ,
             whether
             I
             heard
             of
             the
             meet●ng●
             or
             whether
             I
             was
             at
             the
             meeting
             ,
             I
             cannot
             say
             .
             I
             am
             sure
             he
             himself
             made
             me
             the
             relation
             ;
             but
             whether
             there
             ,
             or
             any
             other
             where
             ,
             I
             cannot
             make
             out
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Upon
             your
             oath
             ,
             did
             not
             Major
             Alford
             make
             returne
             of
             the
             answer
             in
             Master
             Loves
             study
             ?
          
        
         
           
             C.
             Pot
             
          
           
             I
             cannot
             say
             it
             ,
             but
             I
             think
             it
             was
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             Master
             Love
             present
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             think
             he
             was
             present
             ,
             and
             I
             think
             it
             was
             in
             his
             house
             ;
             I
             am
             sure
             Major
             Alford
             made
             me
             a
             particular
             relation
             between
             him
             and
             I.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             Sterks
             the
             Scotch
             Agent
             there
             or
             no
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             he
             was
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             it
             read
             in
             Master
             Loves
             study
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             I
             was
             there
             .
          
        
         
           His
           Examination
           was
           again
           read
           to
           him
           .
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             the
             substance
             of
             the
             Kings
             letter
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             It
             is
             so
             much
             out
             of
             my
             memory
             ,
             that
             I
             scarce
             remember
             there
             was
             a
             letter
             ,
             it
             is
             so
             much
             out
             of
             my
             minde
             .
          
        
         
           More
           of
           his
           Examination
           was
           read
           to
           him
           .
        
         
           
             L.
             Pres
             .
          
           
             What
             do
             you
             remember
             of
             this
             now
             ,
             is
             this
             true
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             remember
             I
             have
             heard
             as
             much
             ,
             and
             I
             believe
             it
             is
             true
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Have
             you
             not
             heard
             the
             letter
             read
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             do
             not
             know
             there
             was
             a
             letter
             sent
             ;
             nor
             do
             I
             know
             there
             was
             a
             letter
             read
             .
             I
             desire
             to
             speak
             the
             truth
             ;
             I
             had
             a
             latitude
             then
             ,
             that
             I
             have
             not
             now
             ;
             I
             had
             then
             such
             an
             information
             shewed
             me
             ,
             and
             I
             spake
             to
             it
             so
             far
             as
             I
             thought
             it
             was
             true
             ;
             these
             papers
             you
             shew
             me
             as
             my
             examination
             ,
             were
             not
             of
             my
             framing
             .
          
        
         
           
             The
             Clerk.
             
          
           
             Look
             upon
             them
             ,
             is
             not
             this
             your
             hand
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             it
             is
             my
             hand
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             I
             did
             go
             to
             the
             Tower
             to
             him
             ,
             and
             was
             with
             him
             ,
             and
             did
             examine
             him
             .
             My
             Lord
             ,
             here
             be
             those
             that
             will
             prove
             it
             ,
             that
             himself
             did
             confesse
             ,
             and
             said
             it
             was
             true
             ;
             and
             he
             took
             time
             himself
             to
             inform
             himself
             ,
             and
             had
             (
             as
             he
             said
             )
             other
             mens
             examinations
             ,
             and
             informations
             by
             ;
             and
             he
             did
             adde
             and
             amend
             ,
             and
             gave
             it
             under
             his
             hand
             .
             This
             is
             the
             truth
             ,
             after
             several
             examinations
             .
             And
             he
             had
             papers
             by
             him
             ,
             and
             did
             correct
             them
             himself
             ,
             and
             brought
             them
             under
             his
             own
             hand
             written
             by
             himself
             ,
             these
             very
             things
             .
             And
             my
             Lord
             ,
             ask
             him
             whether
             he
             did
             not
             write
             these
             things
             first
             with
             his
             own
             hand
             ,
             and
             bring
             them
             to
             the
             Committee
             of
             Examinations
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Whether
             did
             you
             not
             bring
             in
             your
             own
             examinations
             ,
             and
             what
             you
             could
             inform
             ,
             written
             by
             your
             own
             hands
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             that
             is
             my
             hand
             ,
             and
             what
             is
             there
             I
             must
             own
             as
             mine
             .
             But
             I
             hope
             you
             will
             let
             me
             distinguish
             between
             what
             I
             delivered
             then
             ,
             as
             I
             heard
             it
             and
             thought
             ,
             and
             what
             I
             deliver
             posi●●vely
             .
             I
             do
             say
             it
             is
             true
             now
             ,
             as
             I
             have
             heard
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Why
             did
             you
             not
             say
             of
             heare-say
             then
             ,
             as
             well
             as
             now
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             Upon
             the
             oath
             you
             have
             taken
             ,
             whether
             do
             you
             not
             know
             this
             of
             your
             own
             knowledge
             ?
          
        
         
           
             C
             Pot.
             
          
           
             Upon
             the
             oath
             I
             have
             taken
             (
             and
             I
             desire
             to
             speak
             it
             in
             Gods
             presence
             )
             I
             do
             not
             remember
             that
             I
             saw
             the
             letter
             from
             the
             King
             ,
             or
             heard
             the
             letter
             read
             ,
             or
             the
             copy
             ,
             nor
             can
             I
             say
             Alford
             told
             me
             so
             much
             ,
             though
             I
             think
             he
             did
             ,
             yet
             I
             do
             not
             know
             he
             did
             .
          
        
         
           
             M
             ▪
             Love.
             
          
           
             I
             desire
             you
             would
             take
             notice
             ,
             whether
             this
             be
             faire
             ,
             that
             Mr.
             Attorney
             should
             help
             the
             witnesse
             ,
             by
             putting
             things
             into
             his
             mouth
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             I
             can
             help
             the
             witnesse
             by
             asking
             him
             questions
             .
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             no
             man
             shall
             so
             far
             tamper
             with
             me
             ,
             as
             to
             make
             me
             say
             an
             untruth
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             pray
             ask
             him
             ,
             whether
             he
             did
             not
             write
             these
             papers
             ,
             most
             of
             them
             ,
             with
             his
             own
             hands
             .
          
        
         
           
             C.
             Pot.
             
          
           
             True
             ,
             but
             to
             open
             to
             the
             committee
             the
             ground
             of
             this
             businesse
             ;
             but
             I
             did
             not
             expect
             to
             swear
             to
             every
             one
             of
             these
             particulars
             :
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             ,
             whether
             after
             this
             return
             was
             made
             there
             was
             not
             a
             meeting
             ,
             and
             instructions
             made
             about
             the
             commission
             to
             be
             sent
             to
             Bredah
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             to
             that
             ,
             I
             have
             heard
             so
             much
             ;
             but
             I
             cannot
             speak
             it
             positively
             .
             I
             saw
             no
             commission
             nor
             instructions
             ,
             I
             heard
             there
             was
             both
             .
             I
             do
             not
             know
             by
             whom
             I
             have
             heard
             it
             ,
             I
             think
             by
             
               William
               Drake
            
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Were
             you
             not
             at
             Mr.
             Loves
             house
             when
             they
             were
             drawn
             up
             ,
             and
             Mr.
             Love
             corrected
             them
             .
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             never
             saw
             the
             instructions
             .
          
        
         
           
             M.
             Love.
             
          
           
             Nor
             I
             neither
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             you
             not
             heare
             so
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             did
             .
          
        
         
           
             L.
             Pres
             .
          
           
             To
             whom
             to
             be
             directed
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             To
             Captain
             Titus
             .
          
        
         
           
             L.
             Pres
             .
          
           
             And
             to
             who
             else
             .
          
        
         
           
             C.
             Pot.
             
          
           
             The
             commissions
             and
             instructions
             were
             to
             be
             directed
             to
             my
             Lord
             Willoughby
             of
             Parham
             ,
             Col.
             Graves
             ,
             Major
             Gen.
             Massey
             ,
             Capt.
             Titus
             ,
             and
             Alderman
             Bunce
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             whether
             he
             hath
             not
             heard
             Mr.
             Love
             tell
             him
             so
             .
          
        
         
           
             C.
             Pot.
             
          
           
             Never
             in
             my
             life
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Were
             you
             not
             then
             present
             at
             his
             house
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             not
             that
             I
             was
             ,
             nor
             can
             I
             remember
             .
          
        
         
           His
           Examination
           was
           again
           read
           .
        
         
           
             Att.
             Gen.
             
          
           
             Whether
             were
             you
             not
             at
             
               M.
               Loves
            
             house
             ?
             and
             was
             there
             not
             a
             letter
             agreed
             upon
             to
             Massey
             ,
             and
             Bailie
             ,
             and
             Titus
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             have
             been
             several
             times
             at
             
               M.
               Loves
            
             house
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Whether
             were
             you
             not
             at
             
               M.
               Loves
            
             house
             with
             these
             correspondents
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             have
             been
             several
             times
             at
             his
             house
             with
             them
             ;
             and
             I
             have
             been
             oftner
             there
             upon
             other
             occasions
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Name
             them
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             mean
             with
             
               M.
               Love
            
             ,
             and
             
               M.
               Jackson
            
             ,
             and
             
               M.
               Robinson
            
             ,
             and
             Major
             Alford
             ,
             and
             
               M.
               Drake
            
             ,
             and
             
               M.
               Gibbons
            
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             was
             then
             agreed
             upon
             about
             letters
             when
             you
             were
             at
             
               M.
               Loves
            
             house
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             have
             a
             very
             bad
             memory
             ,
             I
             cannot
             speak
             to
             time
             ,
             and
             places
             ,
             and
             persons
             ;
             such
             letters
             I
             have
             heard
             of
             were
             written
             ,
             I
             professe
             I
             can
             speak
             no
             more
             knowingly
             .
             I
             never
             had
             a
             hand
             in
             any
             one
             letter
             ,
             but
             such
             letters
             I
             have
             heard
             of
             .
          
        
         
           
           
             L.
             Pres
             .
          
           
             Upon
             what
             account
             did
             you
             meet
             at
             
               M.
               Loves
            
             house
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             met
             there
             sometimes
             upon
             a
             friendly
             account
             ,
             sometimes
             upon
             a
             christian
             account
             ,
             and
             sometimes
             to
             hear
             news
             ,
             and
             sometimes
             to
             tell
             news
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Where
             did
             you
             meet
             with
             these
             persons
             ,
             with
             
               William
               Drake
            
             ,
             and
             these
             so
             often
             mentioned
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             there
             was
             a
             correspondency
             in
             point
             of
             news
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Between
             whom
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Between
             capt
             .
             Titus
             there
             ,
             and
             
               William
               Drake
            
             here
             ,
             and
             he
             would
             tell
             us
             many
             times
             news
             there
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             know
             Titus
             was
             imployed
             as
             an
             Agent
             hence
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             think
             he
             was
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Had
             he
             money
             collected
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             do
             not
             know
             of
             one
             penny
             I
             lent
             him
             ,
             and
             I
             never
             contributed
             to
             him
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             ,
             whether
             himself
             did
             not
             upon
             an
             occasion
             contribute
             ten
             pounds
             ,
             and
             bring
             it
             into
             
               M.
               Loves
            
             parlour
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             confesse
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             For
             a
             table-book
             that
             was
             written
             in
             sack
             ,
             do
             you
             know
             of
             any
             such
             thing
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             do
             .
             My
             Lord
             ,
             I
             went
             to
             
               William
               Drake
            
             in
             his
             retirement
             ,
             and
             he
             was
             writing
             out
             of
             his
             Papers
             some
             letters
             in
             a
             table-book
             ,
             which
             he
             told
             me
             was
             in
             sack
             ,
             as
             I
             take
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Why
             did
             he
             write
             them
             in
             sack
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             take
             it
             ,
             because
             it
             should
             not
             be
             discovered
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             not
             know
             to
             whom
             the
             letters
             written
             in
             sack
             were
             sent
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             not
             ;
             but
             he
             told
             me
             to
             Bayley
             and
             Titus
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Where
             was
             Bayley
             and
             Titus
             then
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             not
             where
             Titus
             was
             ,
             but
             I
             think
             Bayley
             was
             in
             Scotland
             .
          
        
         
           
             L.
             Pres
             .
          
           
             After
             Drake
             was
             gone
             ,
             where
             were
             your
             meetings
             usually
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Many
             times
             at
             
               M.
               Loves
            
             house
             .
          
        
         
           
             L.
             Pres
             .
          
           
             When
             you
             did
             meet
             there
             ,
             what
             did
             you
             meet
             upon
             ,
             was
             it
             not
             to
             receive
             Messages
             from
             Titus
             ,
             and
             Massey
             ,
             and
             Bunce
             ,
             and
             Bailey
             ,
             and
             to
             return
             answers
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             We
             had
             sometimes
             letters
             read
             there
             ,
             but
             from
             whom
             they
             came
             ,
             or
             to
             whom
             ,
             I
             believe
             few
             can
             tell
             ,
             I
             cannot
             tell
             ;
             something
             of
             news
             we
             have
             heard
             ,
             of
             affairs
             ;
             that
             was
             the
             occasion
             of
             my
             coming
             sometimes
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             
               M.
               Love
            
             never
             tell
             you
             the
             occasions
             of
             those
             meetings
             ,
             and
             presse
             you
             to
             lend
             money
             to
             furnish
             Massey
             and
             Titus
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             can
             say
             nothing
             to
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             say
             you
             to
             the
             private
             fasts
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             There
             were
             private
             fasts
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             ,
             for
             a
             blessing
             upon
             the
             treaty
             at
             Bredah
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             There
             were
             fasts
             kept
             ,
             but
             I
             never
             understood
             they
             were
             for
             any
             other
             end
             ,
             but
             for
             the
             sins
             of
             ,
             and
             judgements
             upon
             the
             nations
             ;
             and
             for
             the
             most
             part
             there
             have
             been
             hundreds
             of
             men
             and
             women
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             
               M.
               Love
            
             often
             officiate
             there
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             He
             hath
             preached
             and
             prayed
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             any
             pray
             for
             a
             blessing
             upon
             the
             treaty
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             say
             you
             to
             those
             letters
             that
             came
             hither
             after
             the
             fight
             at
             Dunbar
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             after
             the
             fight
             at
             Dunbar
             there
             came
             letters
             from
             Bailey
             ,
             and
             Titus
             ,
             and
             Massey
             .
          
        
         
           
             L.
             Pres
             .
          
           
             And
             where
             were
             these
             published
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             I
             can
             say
             no
             more
             ;
             I
             have
             heard
             of
             these
             letters
             too
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Were
             not
             you
             present
             at
             
               M.
               Loves
            
             house
             when
             they
             were
             read
             or
             made
             known
             there
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Possibly
             I
             was
             ;
             I
             cannot
             say
             I
             heard
             the
             letters
             read
             there
             ,
             I
             did
             hear
             letters
             by
             a
             private
             hand
             occasionally
             afterwards
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             By
             the
             oath
             you
             have
             taken
             ,
             were
             you
             not
             present
             at
             
               M.
               Loves
            
             house
             ,
             when
             those
             foresaid
             letters
             from
             Titus
             ,
             and
             Bailey
             ,
             and
             Massey
             ,
             were
             published
             and
             read
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             I
             cannot
             say
             I
             was
             there
             ,
             and
             I
             dare
             not
             say
             I
             was
             not
             ;
             it
             is
             a
             yeer
             ago
             ;
             I
             believe
             I
             was
             there
             several
             times
             when
             several
             letters
             were
             read
             ,
             and
             it
             may
             be
             when
             those
             were
             read
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Whether
             was
             there
             not
             five
             pounds
             given
             to
             a
             messenger
             that
             brought
             them
             ?
          
        
         
           
           
             C.
             Pot.
             
          
           
             I
             have
             heard
             there
             was
             ,
             but
             I
             do
             not
             know
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             you
             contribute
             any
             thing
             towards
             it
             ?
          
        
         
           
             C
             Pot.
             
          
           
             I
             think
             ,
             I
             did
             contribute
             ten
             shillings
             .
          
        
         
           
             L.
             Pres
             .
          
           
             VVho
             contributed
             besides
             your selfe
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             know
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVas
             there
             not
             at
             
               Mr.
               Love's
            
             a
             promise
             of
             armes
             ,
             or
             letters
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             I
             cannot
             say
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVat
             can
             you
             say
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             have
             heard
             there
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             By
             whom
             have
             you
             heard
             it
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             by
             whom
             ,
             or
             who
             told
             me
             so
             ,
             either
             
               Mr.
               Alford
            
             ,
             or
             Adams
             ,
             or
             Far
             ,
             or
             some
             of
             those
             men
             that
             used
             to
             meet
             there
             ;
             for
             it
             was
             common
             ,
             when
             I
             was
             not
             there
             ,
             ●or
             some
             or
             other
             to
             meet
             with
             me
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             
               Mr.
               Love
            
             contribute
             to
             the
             messenger
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             ,
             he
             did
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             I
             do
             not
             ask
             him
             one
             question
             ,
             but
             what
             himselfe
             hath
             confest
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             do
             remember
             such
             letters
             I
             have
             heard
             did
             come
             ,
             but
             never
             saw
             those
             letters
             ;
             I
             do
             likewise
             remember
             I
             heard
             there
             was
             five
             pounds
             gathered
             for
             the
             messenger
             ,
             and
             I
             do
             believe
             I
             contributed
             ten
             shillings
             towards
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVho
             else
             gave
             besides
             your selfe
             ,
             and
             who
             received
             it
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             professe
             ,
             I
             know
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhether
             was
             there
             not
             a
             Declaration
             to
             the
             Church
             of
             Scotland
             then
             published
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             The
             D●claration
             ,
             I
             know
             nothing
             of
             it
             ,
             you
             remembred
             me
             of
             it
             at
             the
             Committee
             ,
             when
             I
             was
             first
             examined
             ,
             but
             I
             knew
             nothing
             of
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             Ask
             him
             ,
             whether
             the
             State
             and
             Church
             did
             not
             write
             for
             armes
             and
             ammunition
             at
             that
             time
             after
             the
             fight
             .
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             I
             have
             heard
             so
             much
             ,
             but
             cannot
             speak
             positively
             or
             particularly
             to
             it
             ;
             I
             have
             heard
             of
             such
             letters
             ,
             but
             cannot
             tell
             by
             whom
             :
             I
             saw
             them
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             To
             whom
             were
             they
             directed
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             never
             heard
             who
             wrote
             them
             ,
             nor
             to
             whom
             they
             were
             directed
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             one
             letter
             with
             L.
             upon
             i●
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             About
             the
             letter
             L.
             I
             did
             receive
             those
             letters
             my self
             ,
             there
             was
             an
             L
             written
             upon
             them
             ;
             My
             Lord
             ,
             these
             letters
             came
             from
             Bamfield
             out
             of
             Scotland
             ;
             there
             was
             in
             these
             letters
             a
             large
             Narrative
             of
             the
             Affairs
             of
             Scotland
             ,
             from
             Dunbar
             sight
             ,
             to
             the
             time
             of
             the
             date
             of
             them
             ,
             which
             I
             think
             was
             about
             Christmas
             ;
             this
             is
             a
             thing
             ,
             I
             know
             better
             then
             (
             I
             am
             affraid
             I
             give
             offence
             by
             saying
             ,
             I
             think
             ,
             and
             I
             heard
             ,
             and
             that
             I
             cannot
             speak
             positively
             ;
             but
             of
             this
             I
             can
             speak
             positively
             .
             )
             Bamfield
             gave
             an
             account
             therein
             of
             a
             Narrative
             of
             two
             sheets
             of
             paper
             ,
             and
             I
             ,
             and
             another
             ,
             or
             two
             ,
             opened
             them
             ,
             and
             I
             carried
             these
             letters
             to
             
               Mr.
               Loves
            
             ,
             there
             was
             one
             or
             two
             more
             ,
             with
             me
             :
             Mr.
             Jaquell
             ,
             and
             I
             think
             Dr.
             
               Drake
               ,
               I
            
             cannot
             well
             tell
             .
             There
             was
             a
             Narrative
             of
             the
             Scots
             Affairs
             ,
             and
             a
             Letter
             from
             namelesse
             persons
             ,
             which
             we
             supposed
             to
             be
             from
             
               Mr.
               Baily
            
             ,
             and
             from
             my
             Lords
             of
             Argile
             ,
             and
             Lowden
             ,
             and
             Lothian
             ,
             and
             others
             ,
             whose
             names
             I
             doe
             not
             remember
             :
             these
             letters
             wrote
             for
             ten
             thousand
             pounds
             ,
             for
             buying
             of
             A●mes
             ,
             and
             hiring
             of
             shipping
             ;
             these
             letters
             we
             disliked
             ,
             and
             we
             dissented
             from
             them
             ,
             and
             agreed
             to
             give
             a
             negative
             answer
             ;
             but
             we
             thought
             fit
             for
             our
             own
             safety
             ,
             to
             raise
             some
             money
             for
             the
             messenger
             ,
             and
             Bamfield
             ,
             to
             which
             I
             contributed
             ten
             pounds
             .
             I
             carried
             all
             these
             letters
             to
             
               Mr.
               Loves
            
             ;
             one
             or
             two
             were
             opened
             ,
             I
             think
             we
             opened
             them
             ,
             the
             Narrative
             and
             my
             Lord
             of
             Argiles
             letter
             I
             opened
             before
             I
             understood
             what
             they
             were
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Why
             did
             you
             carry
             them
             to
             Mr.
             Loves
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             There
             was
             a
             great
             deale
             of
             news
             in
             them
             :
             there
             was
             a
             letter
             L.
             and
             I
             did
             in
             my
             examination
             say
             ,
             I
             conceived
             it
             was
             to
             
               Mr.
               Love
            
             :
             but
             now
             upon
             my
             oath
             ,
             I
             do
             not
             remember
             very
             well
             ,
             and
             I
             do
             not
             think
             it
             was
             to
             
               Mr.
               Love.
            
             I
             do
             confesse
             ,
             I
             carried
             these
             letters
             to
             
               Mr.
               Loves
            
             ,
             I
             ,
             and
             
               Mr.
               Jaquel
            
             ;
             these
             letters
             were
             opened
             ,
             but
             whether
             
               Mr.
               Love
            
             opened
             them
             ,
             or
             I
             ,
             or
             the
             other
             ,
             I
             cannot
             tell
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             With
             whom
             did
             you
             leave
             them
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             brought
             them
             away
             all
             of
             them
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVere
             they
             not
             read
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             They
             were
             all
             read
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             He
             confesseth
             further
             ,
             he
             paid
             ten
             pounds
             :
             to
             whom
             were
             the
             letters
             directed
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             The
             letters
             had
             no
             direction
             at
             all
             upon
             them
             ,
             I
             believe
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             
               My
               Lord
            
             ,
             Ask
             him
             whether
             there
             was
             not
             a
             sum
             of
             four
             or
             five
             hundred
             pounds
             agreed
             to
             be
             raised
             .
          
        
         
           
             C.
             Pot.
             
          
           
             The
             advise
             that
             was
             given
             to
             that
             ,
             was
             ,
             that
             we
             should
             do
             nothing
             in
             it
             ,
             and
             we
             did
             nothing
             
             in
             it
             more
             then
             I
             tell
             you
             ,
             I
             carried
             those
             letters
             to
             them
             ,
             and
             had
             discourse
             of
             them
             ,
             and
             resolved
             to
             do
             nothing
             in
             them
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Why
             did
             you
             carry
             them
             to
             Mr.
             Loves
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             went
             for
             advise
             what
             I
             should
             do
             in
             them
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             Pray
             ask
             him
             concerning
             the
             foure
             or
             five
             hundred
             pounds
             ,
             and
             for
             what
             ,
             and
             whether
             this
             discourse
             was
             at
             
               Mr.
               Love's
            
             house
             ,
             whether
             there
             was
             not
             a
             Proposition
             for
             raising
             of
             four
             or
             five
             hundred
             pounds
             ,
             and
             for
             whom
             this
             was
             to
             be
             raised
             ,
             and
             where
             to
             be
             raised
             ,
             and
             by
             what
             means
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             heard
             there
             was
             ,
             I
             do
             not
             know
             the
             place
             where
             :
             to
             this
             I
             contributed
             ten
             pounds
             ,
             I
             brought
             it
             one
             evening
             to
             Mr.
             Loves
             house
             ,
             and
             there
             I
             left
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Where
             was
             this
             money
             agreed
             to
             be
             raised
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             speak
             to
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVho
             took
             the
             Subscriptions
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             speak
             to
             that
             neither
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             Mr.
             Love
             contribute
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             he
             did
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             in
             his
             house
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             do
             not
             know
             that
             I
             subscribed
             at
             all
             ,
             I
             do
             not
             think
             there
             was
             any
             subscriptions
             ;
             I
             am
             sure
             ,
             I
             never
             subscribed
             my
             name
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             When
             you
             came
             into
             Mr.
             Loves
             palour
             ,
             and
             left
             the
             ten
             pounds
             ,
             did
             you
             not
             give
             him
             a
             twitch
             by
             the
             hand
             ?
          
        
         
           
             C
             Pot.
             
          
           
             I
             cannot
             say
             so
             :
             
               His
               Examination
               was
               again
               read
            
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Is
             this
             true
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             The
             substance
             of
             it
             is
             true
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Of
             your
             own
             knowledg
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Of
             my
             own
             knowledge
             ,
             that
             I
             left
             so
             much
             money
             .
          
        
         
           The
           Clerk
           reads
           more
           of
           his
           Examination
           .
        
         
           
             C.
             Pot.
             
          
           
             This
             is
             a
             Section
             I
             never
             worded
             ,
             nor
             phrased
             my selfe
             ,
             I
             have
             heard
             as
             much
             as
             this
             comes
             to
             ,
             but
             cannot
             speak
             it
             knowingly
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             you
             not
             write
             this
             your self
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             belive
             not
             ,
             I
             cannot
             positively
             say
             ,
             that
             Mr.
             Love
             either
             drew
             up
             the
             letter
             ,
             or
             received
             the
             letter
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             You
             say
             he
             received
             the
             letter
             from
             your
             owne
             hands
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             But
             not
             the
             letter
             from
             Titus
             ,
             and
             Baily
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Do
             you
             know
             of
             a
             way
             of
             correspondency
             laid
             at
             Kendal
             ,
             or
             no
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             heard
             there
             was
             such
             a
             correspondency
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             By
             whom
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             by
             whom
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Do
             you
             know
             that
             Groves
             was
             sent
             to
             look
             for
             letters
             there
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Yes
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             Mr.
             Love
             know
             of
             it
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             cannot
             say
             he
             did
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhat
             had
             Groves
             for
             his
             pains
             for
             going
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Ten
             pounds
             .
          
        
         
           
             At.
             Gen.
             
          
           
             From
             whom
             ?
          
        
         
           
             C.
             P.
             
          
           
             I
             paid
             it
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             you
             receive
             any
             of
             it
             again
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             did
             receive
             some
             of
             it
             ,
             I
             received
             two
             10
             s.
             by
             severall
             persons
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             From
             whom
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             From
             Gibbons
             ,
             and
             Alford
             ,
             and
             Far.
             
          
        
         
           
             At.
             Gen.
             
          
           
             Not
             from
             
               M.
               Love.
            
             
          
        
         
           
             C.
             P.
             
          
           
             I
             do
             not
             know
             I
             ever
             had
             a
             farthing
             from
             him
             in
             my
             life
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             whether
             there
             was
             not
             letters
             returnrd
             to
             Bamfield
             again
             ,
             and
             by
             whom
             .
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             J
             did
             receive
             a
             letter
             that
             J
             suppose
             was
             to
             Bamfield
             .
          
        
         
           
             L.
             Pres
             .
          
           
             from
             whom
             did
             you
             receive
             it
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Jt
             was
             left
             in
             my
             shop
             .
          
        
         
           
             L.
             Pres
             .
          
           
             By
             whom
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             J
             cannot
             say
             by
             whom
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Whom
             do
             you
             conceive
             it
             came
             from
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             J
             think
             from
             
               M.
               Love
            
             or
             Doctor
             Drake
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Do
             you
             conceive
             so
             ?
             My
             Lord
             ,
             ask
             him
             whether
             
               Mr.
               Love
            
             or
             Doctor
             Drake
             was
             not
             appointed
             to
             draw
             the
             letter
             .
          
        
         
           
             C.
             Pot.
             
          
           
             When
             we
             were
             together
             ,
             there
             was
             a
             negative
             answer
             resolved
             upon
             ,
             and
             this
             answer
             to
             the
             best
             of
             my
             remembrance
             was
             agreed
             to
             be
             drawn
             up
             by
             
               Mr.
               Love
            
             ,
             and
             Doctor
             Drake
             :
             but
             J
             received
             this
             letter
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             who
             received
             the
             thirty
             pounds
             .
          
        
         
           
             C.
             Pot.
             
          
           
             J
             cannot
             tel
             .
          
        
         
           
             At.
             Gen.
             
          
           
             But
             you
             sent
             the
             letter
             .
          
        
         
           
             C.
             Pot.
             
          
           
             J
             did
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Ask
             him
             whether
             he
             did
             not
             send
             for
             
               M.
               Love
            
             ,
             and
             what
             discourse
             past
             between
             them
             ,
             since
             he
             was
             in
             prison
             .
          
        
         
           
             C.
             Pot.
             
          
           
             J
             did
             send
             for
             
               M.
               Love
            
             ,
             and
             he
             did
             come
             to
             me
             ,
             and
             J
             desired
             his
             counsell
             as
             a
             Minister
             ,
             and
             J
             told
             him
             upon
             what
             score
             J
             was
             questioned
             ,
             then
             J
             was
             questioned
             upon
             
               M
               Cook
            
             only
             ,
             and
             he
             gave
             me
             encouragement
             onely
             as
             a
             friend
             and
             Minister
             of
             the
             Gospel
             ought
             to
             do
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             was
             that
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             He
             wisht
             me
             to
             make
             a
             Christian
             use
             of
             my
             afflictions
             ;
             and
             gave
             me
             some
             other
             instructions
             ,
             we
             had
             an
             hours
             discourse
             ,
             and
             it
             was
             all
             to
             this
             purpose
             :
             he
             wisht
             me
             to
             make
             a
             Christian
             use
             of
             my
             restraint
             ,
             and
             to
             labour
             to
             get
             Christian
             Wisdome
             and
             fortitude
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             did
             he
             say
             more
             to
             you
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             no
             more
             past
             between
             us
             ,
             and
             J
             gave
             him
             an
             account
             of
             what
             questions
             J
             was
             examined
             upon
             in
             Cooks
             businesse
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             you
             give
             him
             an
             account
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             J
             have
             said
             so
             ,
             and
             he
             did
             advise
             me
             to
             prudence
             ,
             and
             fortitude
             ,
             and
             courage
             .
          
        
         
           
             At
             Gen.
             
          
           
             Did
             he
             not
             advise
             you
             to
             be
             couragious
             ,
             and
             that
             unlesse
             you
             discover
             one
             another
             ,
             you
             were
             safe
             enough
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             My
             Lord
             ,
             my
             keeper
             was
             with
             me
             ,
             and
             we
             had
             no
             such
             discourse
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             he
             not
             wish
             you
             to
             be
             silent
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             Either
             then
             or
             since
             he
             did
             tel
             me
             there
             was
             a
             letter
             came
             from
             
               M.
               Drake
            
             ,
             that
             told
             him
             Titus
             his
             man
             had
             taken
             some
             letters
             from
             Titus
             ;
             but
             he
             could
             not
             conceive
             how
             it
             could
             concern
             me
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             But
             did
             he
             discover
             nothing
             ,
             and
             wish
             you
             to
             be
             prudent
             for
             your selfe
             ,
             and
             them
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             He
             did
             not
             then
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhen
             then
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             saw
             him
             not
             since
             ,
             and
             he
             told
             me
             of
             Bamfields
             man.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             How
             came
             it
             about
             Mr.
             Love
             spake
             with
             you
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             did
             prevail
             with
             my
             keeper
             to
             go
             with
             me
             to
             dinner
             ,
             and
             to
             take
             a
             glasse
             of
             wine
             ,
             and
             then
             I
             provided
             for
             
               Mr.
               Loves
            
             coming
             to
             me
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             hath
             Mistresse
             Love
             said
             unto
             you
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             I
             saw
             her
             ever
             and
             anon
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             hath
             she
             said
             to
             you
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             She
             hath
             wish'd
             me
             with
             tears
             to
             have
             a
             care
             of
             her
             husband
             ,
             and
             not
             to
             discover
             any
             thing
             ,
             I
             think
             she
             hath
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             Mr.
             Love
             say
             then
             ,
             that
             he
             had
             been
             at
             a
             fast
             ,
             where
             you
             were
             remembred
             ?
          
        
         
           
             C.
             Pot.
             
          
           
             He
             did
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             I
             confesse
             ,
             I
             was
             with
             this
             man
             in
             the
             Tower
             ,
             as
             I
             am
             bound
             to
             do
             by
             my
             place
             ,
             to
             examine
             him
             ;
             he
             had
             made
             his
             examination
             before
             I
             came
             thither
             ,
             and
             I
             brought
             it
             with
             me
             .
             My
             Lord
             ,
             I
             did
             ask
             him
             questions
             ,
             he
             did
             answer
             me
             upon
             knowledge
             ,
             he
             did
             confesse
             the
             truth
             ,
             but
             told
             them
             ,
             Mr.
             
               Atturney
               Generall
            
             was
             pleased
             to
             help
             him
             to
             particulars
             ,
             and
             bring
             them
             to
             his
             remembrance
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             professe
             ,
             if
             it
             had
             been
             to
             save
             my
             life
             ,
             I
             could
             not
             affirm
             them
             ,
             but
             you
             putting
             me
             in
             mind
             of
             it
             ,
             I
             did
             know
             of
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             At
             the
             Committee
             of
             Examinations
             ,
             then
             he
             had
             more
             particulars
             told
             him
             ,
             and
             he
             did
             confesse
             he
             did
             know
             them
             all
             ,
             and
             he
             may
             give
             you
             an
             account
             ,
             whether
             he
             did
             not
             give
             an
             account
             under
             his
             own
             hand
             :
             My
             Lord
             ,
             I
             am
             not
             abused
             ,
             but
             the
             Councel
             of
             State
             ,
             and
             the
             Parliament
             are
             abused
             ,
             and
             if
             this
             man
             should
             do
             this
             wrong
             to
             Mr.
             Love
             ,
             and
             informe
             the
             Court
             and
             Councel
             ,
             and
             the
             man
             be
             brought
             upon
             his
             life
             ,
             because
             he
             hath
             affirmed
             it
             ,
             and
             that
             severall
             times
             before
             severall
             Committees
             .
             This
             man
             must
             not
             scape
             unpunish'd
             ,
             if
             for
             no
             other
             fault
             but
             this
             ,
             to
             accuse
             a
             man
             before
             Authority
             ,
             and
             when
             he
             comes
             to
             his
             oath
             to
             deny
             every
             word
             of
             it
             .
             Captain
             Fisher
             will
             witnesse
             ,
             that
             he
             did
             bring
             all
             under
             his
             own
             hand
             ,
             and
             upon
             my
             credit
             ,
             he
             did
             speak
             as
             fully
             as
             we
             did
             open
             ,
             and
             much
             more
             fully
             ;
             and
             I
             answered
             ,
             upon
             here-say
             ,
             how
             do
             you
             know
             it
             ?
             and
             he
             said
             he
             did
             know
             it
             ,
             he
             did
             remember
             it
             ,
             and
             he
             did
             put
             it
             down
             positively
             ,
             and
             that
             when
             Mr.
             Drake
             went
             ,
             away
             ,
             all
             the
             meetings
             were
             at
             Mr.
             Loves
             house
             ,
             and
             Mr.
             Love
             did
             still
             declare
             the
             occasion
             of
             the
             meetings
             ,
             and
             the
             letters
             were
             opened
             by
             him
             ,
             and
             the
             discourse
             upon
             them
             ;
             and
             every
             word
             he
             said
             upon
             his
             own
             knowledg
             .
          
        
         
           
             C.
             Pot.
             
          
           
             I
             do
             confesse
             again
             ,
             that
             before
             Captain
             Fisher
             ,
             and
             Mr.
             Atturney
             did
             prompt
             me
             —
          
        
         
           
             Att.
             Gen.
             
          
           
             Prompt
             you
             ,
             Sir
             !
          
        
         
           
             C.
             Pot.
             
          
           
             Before
             he
             did
             remember
             me
             of
             them
             ,
             I
             had
             forgot
             them
             ,
             as
             if
             I
             had
             never
             heard
             them
             ;
             but
             it
             is
             one
             thing
             to
             remember
             a
             thing
             as
             I
             have
             heard
             ,
             and
             as
             J
             conceive
             to
             be
             true
             ,
             and
             another
             thing
             to
             swear
             to
             it
             positively
             :
             and
             the
             paper
             allowed
             me
             this
             latitude
             ,
             some
             of
             it
             ,
             I
             have
             heard
             ,
             the
             rest
             J
             believe
             ,
             and
             some
             J
             know
             ,
             and
             upon
             this
             account
             J
             believe
             it
             is
             all
             true
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             'T
             is
             possible
             ,
             J
             might
             wish
             him
             to
             expresse
             what
             he
             did
             know
             himselfe
             ,
             and
             what
             he
             did
             know
             by
             relation
             of
             others
             ,
             and
             so
             did
             set
             it
             down
             ,
             and
             he
             did
             it
             fully
             and
             clearly
             ;
             and
             after
             all
             this
             ,
             brought
             it
             in
             again
             written
             with
             his
             own
             hand
             to
             the
             Councell
             of
             State.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             if
             you
             please
             ,
             Captain
             Fisher
             may
             go
             for
             the
             Originall
             under
             his
             own
             hands
             .
          
        
         
           
             Clerk
             
          
           
             The
             Originall
             cannot
             be
             ●ound
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Here
             is
             nothing
             at
             all
             that
             concerns
             me
             about
             the
             businesse
             of
             Titus
             ,
             in
             Jersie
             ,
             and
             about
             the
             letter
             from
             Titus
             ,
             and
             the
             copie
             of
             the
             letter
             from
             the
             King
             ;
             he
             tels
             you
             he
             doth
             not
             know
             it
             was
             in
             my
             ●ouse
             ,
             he
             tels
             you
             it
             was
             but
             a
             copie
             ,
             not
             the
             Originall
             .
          
        
         
           Captain
           Pot●er
           
             withdraws
             .
             Major
          
           Alford
           
             called
             into
             the
             Court
             ,
             and
             takes
             his
             oath
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             let
             him
             declare
             what
             he
             knows
             either
             by
             himselfe
             ,
             or
             others
             ,
             and
             of
             his
             imployment
             at
             Calice
             :
             make
             the
             whole
             Narrative
             as
             much
             as
             you
             can
             remember
             .
          
        
         
           
             Major
             Alford
             .
          
           
             My
             Lord
             ,
             J
             was
             one
             morning
             wish'd
             to
             go
             with
             
               William
               Drake
            
             to
             the
             Swan
             at
             Dowgate
             ,
             heating
             there
             was
             a
             Gentleman
             lately
             come
             from
             the
             Prince
             ,
             where
             J
             should
             hear
             all
             the
             news
             from
             beyond
             the
             Seas
             ;
             when
             J
             came
             there
             ,
             it
             was
             one
             Captain
             Titus
             ,
             one
             whom
             J
             had
             never
             seen
             before
             ,
             and
             he
             gave
             a
             relation
             of
             the
             good
             disposition
             of
             the
             Prince
             ,
             and
             how
             inclinable
             he
             was
             to
             take
             the
             covenant
             ,
             and
             to
             cast
             off
             the
             cavaliering
             party
             ,
             and
             those
             about
             him
             ,
             if
             the●e
             were
             an
             opportunity
             to
             make
             it
             known
             ,
             that
             there
             was
             a
             considerable
             party
             in
             England
             that
             would
             stick
             close
             to
             the
             ends
             of
             the
             covenant
             .
             Upon
             that
             Sir
             ,
             my selfe
             ,
             and
             some
             others
             that
             were
             there
             ,
             did
             think
             we
             were
             bound
             in
             duty
             ,
             and
             in
             relation
             to
             the
             Covenant
             ,
             to
             presse
             the
             ends
             of
             the
             Covenant
             ,
             for
             the
             Prince
             to
             take
             it
             ,
             and
             
             to
             prosecute
             the
             ends
             of
             it
             .
             And
             for
             that
             Captain
             Titus
             said
             ,
             if
             we
             would
             appoint
             another
             meeting
             ,
             he
             would
             draw
             up
             something
             by
             way
             of
             attestation
             or
             petition
             to
             the
             Prince
             to
             that
             purpose
             .
             My
             Lord
             ,
             we
             did
             meet
             at
             the
             Bear
             in
             Breadstreet
             ,
             and
             there
             he
             did
             draw
             forth
             something
             that
             he
             had
             framed
             to
             that
             purpose
             ,
             and
             he
             read
             it
             ;
             and
             afterwards
             (
             not
             at
             that
             time
             )
             it
             was
             agreed
             upon
             to
             be
             sent
             over
             to
             the
             Prince
             .
             The
             substance
             of
             it
             ,
             was
             to
             presse
             the
             Prince
             to
             apply
             himself
             to
             take
             the
             covenant
             ,
             and
             to
             prosecute
             the
             ends
             of
             it
             ;
             and
             to
             cast
             off
             all
             his
             cavaliering
             party
             about
             him
             ,
             which
             had
             brought
             so
             much
             mischief
             to
             his
             father
             ,
             and
             would
             do
             the
             like
             to
             him
             .
             This
             Captain
             Titus
             drew
             up
             ,
             and
             this
             I
             believe
             was
             sent
             over
             ,
             for
             Titus
             undertook
             to
             send
             it
             over
             .
             I
             did
             ask
             how
             the
             Prince
             should
             be
             made
             to
             believe
             ,
             that
             this
             coming
             from
             an
             inconsiderable
             party
             ,
             as
             we
             were
             ,
             should
             come
             under
             the
             notion
             of
             the
             Presbyterian
             party
             of
             England
             ,
             for
             it
             went
             under
             that
             notion
             ?
             He
             said
             ,
             he
             should
             undertake
             that
             by
             the
             means
             of
             my
             Lord
             Piercy
             .
             And
             the
             petition
             that
             was
             agreed
             upon
             ,
             he
             did
             send
             over
             ,
             I
             believe
             ,
             for
             I
             did
             not
             carry
             it
             to
             the
             post-house
             ,
             but
             he
             did
             undertake
             to
             do
             it
             .
             Afterwards
             he
             went
             over
             himself
             ,
             and
             when
             he
             was
             over
             ,
             he
             had
             information
             that
             there
             was
             notice
             of
             his
             being
             here
             ,
             and
             of
             the
             businesse
             he
             was
             upon
             ;
             and
             therefore
             he
             writ
             over
             to
             
               William
               Drake
            
             (
             as
             
               M.
               Drake
            
             told
             me
             )
             that
             he
             did
             desire
             some
             of
             us
             that
             knew
             of
             the
             businesse
             ,
             should
             be
             sent
             over
             to
             him
             ,
             to
             receive
             that
             account
             from
             him
             which
             he
             had
             in
             the
             businesse
             .
             So
             
               M.
               Drake
            
             did
             perswade
             me
             to
             go
             over
             to
             Calice
             ;
             and
             having
             some
             businesse
             of
             my
             own
             ,
             I
             did
             go
             over
             to
             Calice
             .
             I
             went
             from
             my
             house
             on
             the
             friday
             night
             ,
             and
             I
             was
             back
             again
             on
             the
             tuesday
             following
             :
             And
             he
             did
             give
             me
             an
             account
             of
             that
             transaction
             .
             The
             substance
             of
             it
             was
             this
             :
             It
             was
             about
             his
             own
             troubles
             he
             had
             undergone
             there
             by
             the
             cavalie●ing
             party
             ,
             in
             managing
             that
             businesse
             .
             He
             had
             likewise
             been
             imprisoned
             ,
             and
             they
             told
             him
             they
             would
             try
             him
             as
             a
             spy
             ;
             and
             that
             they
             urged
             hard
             against
             him
             ;
             and
             that
             he
             was
             in
             that
             condition
             till
             my
             Lord
             Liberton
             ,
             the
             Scotch
             commissioner
             ,
             came
             over
             ;
             and
             by
             his
             means
             he
             had
             accesse
             to
             ,
             and
             favour
             with
             the
             Prince
             .
             And
             that
             was
             the
             substance
             of
             all
             .
             He
             said
             the
             King
             was
             averse
             to
             the
             covenant
             ,
             not
             of
             himself
             ,
             but
             by
             reason
             of
             those
             counsels
             that
             were
             about
             him
             .
             And
             this
             was
             the
             substance
             of
             that
             account
             he
             gave
             me
             of
             his
             transaction
             there
             at
             Jersey
             ,
             in
             reference
             to
             the
             businesse
             he
             went
             upon
             .
             And
             this
             he
             gave
             me
             in
             writing
             ,
             which
             I
             brought
             over
             to
             deliver
             to
             
               M.
               Drake
            
             ,
             for
             it
             was
             directed
             to
             him
             ,
             which
             I
             did
             deliver
             .
             Afterwards
             Master
             Drake
             carried
             them
             to
             Master
             Loves
             house
             ,
             where
             they
             were
             read
             .
             And
             that
             is
             all
             as
             to
             that
             businesse
             .
          
           
             Then
             afterwards
             there
             was
             a
             commission
             ,
             they
             called
             it
             a
             commission
             ,
             it
             was
             agreed
             upon
             among
             us
             ,
             to
             be
             sent
             over
             to
             my
             Lord
             Willoughby
             of
             Parham
             and
             Massey
             ,
             and
             I
             think
             Graves
             and
             Titus
             ,
             that
             they
             should
             agitate
             and
             act
             for
             us
             at
             Bredah
             ,
             and
             to
             advise
             with
             the
             Scotch
             commissioners
             that
             were
             there
             ,
             in
             the
             behalf
             of
             the
             Presbyterian
             party
             here
             in
             England
             ;
             and
             that
             is
             all
             in
             relation
             to
             that
             .
             Afterward
             
               M.
               Drake
            
             read
             to
             me
             the
             copy
             of
             a
             letter
             in
             characters
             ,
             which
             he
             had
             written
             himself
             in
             his
             own
             back-shop
             ,
             which
             he
             told
             me
             should
             be
             sent
             to
             the
             Queen
             ,
             which
             was
             to
             perswade
             her
             to
             perswade
             the
             King
             ,
             as
             he
             came
             that
             way
             ,
             to
             close
             with
             the
             Scots
             ,
             for
             that
             was
             the
             likeliest
             way
             to
             make
             good
             his
             own
             interest
             ;
             but
             that
             was
             at
             
               M.
               Drakes
            
             house
             ,
             onely
             between
             him
             and
             I.
             Afterwards
             
               M.
               Drake
            
             told
             me
             he
             had
             disbursed
             money
             about
             receiving
             of
             letters
             ,
             and
             receiving
             of
             news
             ,
             and
             did
             wish
             me
             that
             I
             would
             let
             him
             have
             ten
             pounds
             ,
             and
             said
             he
             would
             speak
             to
             some
             others
             of
             his
             acquaintance
             to
             do
             the
             like
             ,
             and
             if
             he
             could
             get
             up
             a
             considerable
             sum
             ,
             I
             should
             have
             part
             back
             again
             ,
             for
             he
             said
             the
             charge
             was
             too
             great
             for
             him
             to
             undertake
             ;
             and
             I
             do
             think
             he
             had
             ten
             pounds
             of
             me
             for
             that
             .
             After
             Dunbar
             fight
             ,
             there
             was
             I
             and
             some
             others
             at
             
               M.
               Loves
            
             ,
             in
             his
             great
             lower
             room
             ,
             where
             was
             a
             letter
             read
             that
             was
             said
             to
             be
             from
             Major
             General
             Massey
             ,
             that
             gave
             an
             account
             of
             the
             businesse
             of
             Dunbar
             ;
             and
             also
             did
             write
             for
             Arms
             ,
             I
             know
             not
             how
             many
             thousands
             ;
             and
             to
             that
             purpose
             ,
             that
             they
             might
             be
             provided
             by
             the
             way
             of
             Holland
             .
             But
             upon
             that
             ,
             all
             that
             were
             there
             did
             say
             —
             I
             heard
             no
             man
             speak
             of
             providing
             arms
             or
             any
             such
             thing
             .
             He
             writ
             in
             his
             letter
             ,
             that
             for
             his
             own
             necessities
             ,
             and
             Captain
             Titus
             that
             was
             there
             ,
             that
             a
             motion
             might
             be
             made
             for
             providing
             some
             money
             to
             send
             over
             for
             their
             supply
             ;
             and
             it
             was
             then
             said
             ,
             we
             were
             so
             inconsiderable
             ,
             and
             so
             few
             ,
             that
             the
             sum
             spoken
             of
             could
             not
             be
             done
             ;
             and
             therefore
             it
             was
             moved
             ,
             that
             every
             one
             should
             do
             by
             himself
             and
             friends
             what
             he
             could
             .
             This
             was
             the
             substance
             of
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             believe
             ,
             My
             Lord
             ,
             he
             hath
             dealt
             ingenuously
             with
             you
             .
             This
             in
             the
             generall
             .
             I
             pray
             you
             ask
             him
             ,
             what
             he
             knows
             concerning
             any
             letters
             that
             should
             have
             been
             sent
             at
             the
             beginning
             of
             the
             change
             of
             this
             government
             to
             Scotland
             from
             any
             part
             of
             England
             .
          
        
         
           
             Major
             Alford
             .
          
           
             For
             that
             I
             know
             nothing
             ;
             but
             heard
             Mr.
             Drake
             say
             ,
             that
             he
             had
             correspondency
             with
             some
             in
             Scotland
             ,
             and
             I
             have
             heard
             him
             use
             one
             Mr.
             Baileys
             name
             ;
             and
             he
             had
             a
             cypher
             which
             they
             writ
             by
             .
          
        
         
           
           
             Att
             Gen.
             
          
           
             For
             the
             Swan
             at
             Dowgate
             ,
             he
             gave
             relation
             of
             that
             ;
             but
             who
             was
             present
             then
             ?
          
        
         
           
             Maj.
             Alford
             .
          
           
             Truly
             my
             Lord
             ,
             it
             is
             so
             long
             since
             that
             I
             cannot
             positively
             tell
             ;
             but
             I
             am
             sure
             I
             can
             remember
             there
             was
             
               M.
               Huntington
            
             ,
             and
             
               William
               Drake
            
             ,
             and
             Lieut.
             Col.
             Bains
             :
             And
             I
             cannot
             tell
             ,
             my
             Lord
             ,
             I
             think
             there
             was
             one
             
               Mr.
               Hall.
            
             
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             
               Mr.
               Gibbons
            
             there
             or
             not
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             Truly
             ,
             My
             Lord
             ,
             I
             cannot
             tell
             whether
             he
             was
             there
             at
             that
             time
             or
             no.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             he
             saies
             Titus
             at
             that
             time
             did
             give
             relation
             of
             the
             Prince
             and
             his
             party
             .
             Can
             you
             remember
             what
             that
             relation
             was
             ?
             and
             do
             you
             know
             whether
             this
             was
             not
             afterward
             communicated
             ,
             and
             to
             whom
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             have
             given
             you
             the
             substance
             of
             it
             ;
             but
             for
             communicating
             of
             it
             ,
             I
             knew
             it
             from
             none
             but
             onely
             from
             those
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Titus
             took
             time
             to
             draw
             it
             up
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             He
             did
             so
             ;
             and
             at
             the
             next
             meeting
             at
             Breadstreet
             ,
             there
             were
             the
             same
             men
             again
             ;
             and
             I
             think
             at
             the
             same
             time
             there
             was
             Col.
             Barton
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             no
             mention
             then
             (
             when
             it
             was
             propounded
             to
             you
             to
             be
             a
             considerable
             party
             )
             was
             it
             not
             said
             the
             ministers
             were
             to
             be
             acquainted
             with
             it
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             It
             was
             asked
             Titus
             ,
             how
             the
             King
             should
             be
             possessed
             that
             this
             came
             from
             the
             Presbyterian
             party
             in
             England
             ,
             because
             it
             was
             agreed
             upon
             that
             there
             should
             be
             no
             names
             used
             to
             it
             ?
             he
             said
             there
             needed
             none
             ,
             but
             onely
             the
             ingagement
             of
             the
             ministers
             in
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             ministers
             ?
          
        
         
           
             Maj
             Alf.
             
          
           
             Truly
             he
             did
             not
             speak
             a
             word
             of
             any
             man
             that
             I
             know
             of
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             not
             then
             propounded
             ,
             that
             Titus
             should
             be
             sent
             to
             the
             Scotch
             King
             before
             Commissioners
             came
             to
             him
             ,
             to
             have
             a
             correspondency
             settled
             between
             him
             and
             some
             others
             here
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             cannot
             say
             at
             that
             time
             ,
             but
             afterwards
             .
             Whether
             at
             that
             time
             or
             any
             other
             J
             cannot
             tell
             ,
             but
             one
             time
             Titus
             said
             ,
             he
             had
             learned
             from
             my
             Lord
             Piercy
             ,
             which
             had
             hastened
             him
             over
             ,
             that
             this
             businesse
             was
             of
             that
             concernment
             ,
             that
             they
             that
             did
             undertake
             it
             should
             be
             there
             before
             the
             Scotch
             Commissioners
             did
             come
             .
             And
             thereupon
             Titus
             (
             as
             
               William
               Drake
            
             told
             me
             ,
             for
             this
             was
             not
             at
             the
             meeting
             )
             was
             perswaded
             to
             undertake
             to
             go
             about
             this
             businesse
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Whether
             was
             there
             not
             some
             directions
             given
             for
             a
             letter
             to
             be
             written
             to
             the
             Queen
             ,
             to
             prepare
             the
             Articles
             with
             the
             Scots
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             cannot
             say
             any
             thing
             but
             what
             
               William
               Drake
            
             told
             me
             privately
             between
             him
             and
             I
             ,
             as
             to
             that
             purpose
             ,
             a
             letter
             to
             the
             Queen
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             that
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             did
             tell
             your
             Lordship
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             whether
             he
             was
             not
             at
             supper
             with
             Titus
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             No
             my
             Lord
             ,
             I
             was
             not
             there
             when
             he
             offered
             himself
             to
             go
             ,
             as
             I
             know
             of
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             money
             had
             Titus
             to
             bear
             his
             charges
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             Thirty
             pounds
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             From
             whom
             .
          
        
         
           
             Maj.
             Alf.
             
          
           
             From
             
               William
               Drake
            
             singly
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             not
             Drake
             gather
             it
             up
             again
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             My
             Lord
             ,
             I
             cannot
             tell
             ;
             I
             know
             nothing
             of
             any
             man
             ,
             but
             what
             I
             did
             my self
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             We
             were
             now
             speaking
             of
             the
             meeting
             at
             Mr.
             Loves
             house
             ,
             and
             of
             Titus
             letter
             being
             read
             ,
             and
             he
             sent
             .
             Let
             him
             give
             a
             particular
             relation
             of
             that
             again
             .
             I
             make
             bold
             to
             ask
             him
             questions
             to
             help
             his
             memory
             .
          
        
         
           
             Maj.
             Alf.
             
          
           
             The
             letter
             that
             was
             read
             of
             Titus
             ,
             was
             not
             at
             Mr.
             Loves
             house
             ,
             as
             I
             know
             of
             (
             but
             Mr.
             Drake
             for
             all
             things
             came
             to
             him
             ;
             and
             we
             knew
             nothing
             but
             onely
             from
             him
             ;
             for
             the
             correspondency
             was
             setled
             between
             
               William
               Drake
            
             and
             Captain
             Titus
             )
             nor
             at
             any
             publick
             meeting
             that
             I
             know
             of
             ,
             but
             what
             Drake
             told
             me
             .
          
        
         
           
             L.
             Pres
             .
          
           
             But
             you
             were
             at
             Mr.
             Loves
             house
             ,
             you
             said
             but
             now
             .
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             was
             ,
             but
             not
             upon
             this
             accompt
             ,
             it
             was
             after
             I
             had
             been
             over
             ;
             for
             I
             do
             not
             know
             that
             ever
             I
             was
             at
             Mr.
             Loves
             house
             ,
             or
             ever
             spake
             with
             him
             till
             I
             went
             over
             :
             if
             I
             have
             ,
             I
             have
             forgot
             that
             ever
             I
             spake
             in
             my
             life
             to
             Mr.
             Love
             about
             it
             ,
             till
             after
             I
             came
             from
             Calice
             ;
             and
             then
             I
             did
             bring
             over
             a
             relation
             ,
             and
             gave
             an
             account
             of
             it
             concerning
             Titus
             his
             transactions
             .
          
        
         
           
             L.
             Pres
             .
          
           
             That
             account
             you
             gave
             at
             Mr.
             Loves
             house
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             No
             ,
             my
             Lord
             ,
             I
             gave
             it
             to
             
               William
               Drake
            
             ,
             for
             it
             was
             directed
             to
             him
             ;
             and
             it
             was
             three
             or
             foure
             daies
             after
             that
             we
             met
             at
             Mr.
             Loves
             house
             ,
             where
             Mr
             Drake
             read
             the
             thing
             .
          
        
         
           
             L.
             Pres
             .
          
           
             At
             what
             time
             was
             it
             ?
          
        
         
           
             Maj
             Alford
             .
          
           
             At
             the
             time
             when
             the
             Scotch
             King
             was
             at
             Jersey
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Whether
             did
             you
             bring
             from
             Titus
             a
             copy
             of
             a
             letter
             from
             the
             King
             ?
          
        
         
           
             Maj.
             Alford
             .
          
           
             That
             I
             forgot
             ;
             but
             Titus
             did
             shew
             me
             a
             letter
             ,
             at
             leastwise
             he
             said
             so
             ,
             that
             he
             had
             it
             from
             the
             King
             ,
             that
             he
             sent
             to
             this
             Presbyterian
             party
             .
             And
             ,
             my
             lord
             ,
             he
             did
             copy
             out
             the
             letter
             ,
             and
             the
             copy
             he
             gave
             me
             ,
             which
             I
             did
             bring
             over
             .
          
        
         
           
           
             L.
             Pres
             .
          
           
             To
             whom
             did
             you
             deliver
             it
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             delivered
             it
             to
             
               William
               Drake
               ,
               I
            
             gave
             it
             Mr.
             Drake
             himself
             ,
             and
             I
             think
             at
             his
             own
             house
             ;
             I
             think
             it
             was
             the
             same
             ,
             and
             that
             it
             was
             read
             at
             Mr.
             Loves
             house
             .
             The
             substance
             of
             it
             was
             this
             ,
             as
             he
             told
             me
             ,
             That
             he
             took
             in
             good
             part
             the
             petition
             or
             application
             that
             was
             made
             to
             him
             ;
             and
             if
             ever
             God
             did
             restore
             him
             ,
             and
             that
             he
             was
             in
             a
             condition
             ,
             then
             he
             should
             think
             of
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             did
             he
             speak
             of
             a
             non-compliance
             with
             the
             present
             Government
             ,
             and
             by
             whom
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             do
             not
             remember
             a
             word
             of
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             said
             he
             concerning
             the
             Scots
             ,
             and
             what
             he
             would
             do
             for
             the
             Ministers
             ,
             if
             God
             restored
             him
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             cannot
             tell
             any
             such
             passage
             ,
             nor
             do
             I
             remember
             the
             particulars
             of
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             The
             letter
             was
             then
             read
             you
             say
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             I
             suppose
             it
             was
             the
             same
             that
             I
             gave
             to
             Mr.
             Drake
             ,
             but
             I
             cannot
             say
             it
             was
             the
             same
             ,
             because
             it
             was
             not
             in
             my
             custody
             .
          
        
         
           
             Att
             Gen.
             
          
           
             Did
             not
             you
             propose
             to
             send
             fifty
             pounds
             to
             Titus
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             For
             that
             ,
             I
             heard
             say
             that
             there
             was
             fifty
             pounds
             sent
             to
             him
             ,
             but
             whether
             it
             were
             or
             no
             ,
             I
             know
             nothing
             of
             it
             ,
             nor
             did
             contribute
             to
             it
             ,
             nor
             knew
             nothing
             of
             it
             .
          
        
         
           
             Maj.
             Alf.
             
          
           
             Did
             not
             you
             make
             a
             Narrative
             your self
             of
             what
             you
             received
             by
             word
             of
             mouth
             from
             Titus
             ?
          
        
         
           
             Maj.
             Alf.
             
          
           
             It
             is
             very
             like
             I
             did
             speak
             of
             it
             to
             this
             purpose
             I
             tell
             you
             of
             ,
             I
             do
             not
             know
             particularly
             what
             I
             said
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             you
             not
             receive
             an
             account
             from
             Titus
             of
             his
             transaction
             at
             Jersey
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             I
             did
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             you
             not
             give
             an
             account
             of
             that
             you
             received
             from
             him
             ?
          
        
         
           
             M.
             Alf
          
           
             He
             gave
             it
             me
             in
             writing
             ,
             and
             I
             delivered
             it
             to
             Mr.
             Drake
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             when
             you
             met
             at
             Mr.
             Loves
             house
             afterwards
             ,
             did
             you
             not
             make
             some
             narrative
             of
             what
             you
             received
             from
             him
             by
             word
             of
             mouth
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             I
             had
             it
             not
             by
             word
             of
             mouth
             ,
             but
             onely
             by
             the
             delivery
             of
             papers
             to
             me
             ,
             which
             he
             could
             not
             bring
             over
             with
             safety
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Were
             those
             papers
             read
             at
             that
             meeting
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             I
             tell
             you
             ,
             my
             Lord
             ,
             I
             delivered
             them
             to
             Mr.
             Drake
             ,
             and
             Drake
             did
             reade
             some
             papers
             ,
             and
             J
             believe
             they
             were
             the
             same
             ,
             but
             J
             cannot
             say
             they
             were
             the
             same
             ,
             for
             they
             were
             out
             of
             my
             custody
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             then
             were
             there
             present
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             There
             was
             Mr.
             Love
             ,
             Dr.
             Drake
             ,
             Mr.
             Case
             ,
             Major
             Adams
             ,
             Mr.
             Gibbons
             ,
             and
             Capt.
             Far.
             Truly
             ,
             J
             cannot
             particularly
             tell
             .
          
        
         
           
             At.
             Gen.
             
          
           
             This
             was
             given
             him
             at
             Mr.
             Loves
             house
             ,
             and
             Mr.
             Love
             present
             .
             My
             Lord
             ,
             I
             pray
             you
             ask
             him
             whether
             Titus
             his
             message
             was
             not
             well
             approved
             of
             ,
             and
             the
             letter
             of
             thanks
             to
             be
             returned
             ,
             and
             the
             hundred
             pounds
             in
             money
             ?
          
        
         
           
             M.
             Alford
             .
          
           
             I
             do
             not
             remember
             any
             of
             these
             things
             you
             speak
             of
             now
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             do
             you
             remember
             was
             said
             concerning
             him
             there
             ?
          
        
         
           
             Ma.
             Alf.
             
          
           
             I
             do
             not
             know
             what
             was
             said
             ;
             I
             do
             not
             know
             what
             any
             man
             could
             say
             to
             them
             which
             were
             papers
             from
             him
             ;
             I
             do
             not
             remember
             any
             particulars
             ,
             it
             is
             so
             long
             ago
             ;
             I
             believe
             now
             it
             is
             two
             years
             ago
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Do
             you
             not
             remember
             that
             this
             was
             one
             passage
             in
             the
             Kings
             letter
             ,
             that
             the
             King
             wisht
             them
             to
             send
             Commissioners
             to
             Bredah
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             I
             do
             not
             remember
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             was
             there
             not
             a
             commission
             at
             Mr.
             Loves
             house
             agreed
             upon
             to
             be
             sent
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             That
             there
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             to
             be
             the
             effect
             of
             that
             commission
             ?
          
        
         
           
             Ma.
             Alf.
             
          
           
             It
             was
             to
             advise
             those
             men
             to
             joyne
             with
             the
             Scotch
             commissioners
             ,
             to
             take
             advice
             with
             them
             ,
             and
             to
             accept
             the
             Presbyterian
             party
             with
             the
             King
             ,
             in
             relation
             to
             the
             first
             petition
             that
             was
             sent
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             Master
             Love
             there
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             Mr.
             Love
             was
             there
             ;
             but
             I
             do
             not
             know
             what
             Mr.
             Love
             or
             any
             man
             did
             direct
             in
             it
             .
          
        
         
           
             Att
             Gen.
             
          
           
             Who
             did
             correct
             those
             instructions
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             I
             cannnt
             tell
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             was
             agreed
             to
             prepare
             the
             commission
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             I
             do
             not
             know
             ,
             for
             I
             believe
             it
             was
             prepared
             when
             it
             came
             there
             ;
             I
             heard
             that
             which
             we
             call
             a
             commission
             read
             there
             ,
             but
             who
             prepared
             it
             ,
             or
             acted
             in
             it
             ,
             I
             do
             not
             know
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             Gibbons
             bring
             it
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             Who
             brought
             it
             I
             cannot
             tell
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             were
             the
             Commissioners
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             As
             I
             remember
             ,
             my
             Lord
             Willoughby
             of
             Parham
             ,
             and
             Massey
             ,
             and
             Alderman
             Bunce
             ,
             and
             whether
             Titus
             and
             Graves
             ,
             I
             cannot
             tell
             .
          
        
         
           
             Att
             Gen.
             
          
           
             Was
             this
             in
             Mr.
             Loves
             study
             ,
             or
             in
             another
             place
             ?
          
        
         
           
             M.
             Alf.
             
          
           
             It
             was
             in
             Mr.
             Loves
             study
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             Was
             the
             rough
             draft
             corrected
             by
             any
             body
             or
             no
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             cannot
             tell
             whether
             it
             was
             or
             no
             ,
             nor
             can
             I
             remember
             any
             more
             particulars
             of
             it
             then
             what
             I
             have
             given
             you
             .
          
        
         
           
             Att
             Gen.
             
          
           
             VVhat
             do
             you
             know
             concerning
             any
             instructions
             to
             give
             power
             to
             the
             Commissioners
             what
             to
             do
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             At
             the
             same
             time
             there
             was
             agreed
             upon
             some
             instructions
             for
             them
             to
             walk
             by
             ,
             which
             was
             the
             substance
             of
             the
             petition
             which
             had
             been
             formerly
             sent
             ,
             that
             is
             ,
             it
             prest
             the
             King
             to
             take
             the
             Covenant
             ,
             and
             to
             prosecute
             the
             ends
             of
             the
             Covenant
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVho
             carried
             the
             commission
             and
             instructions
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             One
             Mason
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             was
             that
             Mason
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             did
             not
             know
             him
             ,
             but
             I
             have
             heard
             say
             ,
             he
             did
             belong
             to
             my
             Lord
             Piercy
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             at
             that
             time
             some
             letters
             propounded
             to
             be
             written
             to
             the
             Queen
             ,
             and
             Jermi●e
             ,
             and
             to
             what
             purpose
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             cannot
             tell
             that
             any
             of
             these
             things
             were
             propounded
             there
             ,
             but
             Mr.
             Drake
             had
             told
             me
             ,
             and
             read
             to
             me
             in
             characters
             some
             that
             he
             had
             writ
             thither
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             And
             was
             it
             sent
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             cannot
             tell
             ,
             for
             it
             was
             privately
             between
             him
             and
             I.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             When
             this
             Commission
             was
             thus
             brought
             into
             
               Mr.
               Loves
            
             study
             ,
             was
             there
             not
             a
             question
             propounded
             ,
             what
             warrant
             have
             ▪
             we
             to
             send
             Comm●ssioners
             ,
             and
             by
             what
             authority
             ,
             and
             what
             was
             the
             resolution
             upon
             it
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             We●l
             it
             may
             be
             ,
             but
             I
             do
             not
             remember
             it
             .
          
        
         
           
             Att
             Gen.
             
          
           
             Do
             you
             remember
             who
             went
             with
             Mason
             ,
             when
             he
             carried
             away
             this
             ?
          
        
         
           
             Mr
             Alford
             .
          
           
             None
             went
             with
             him
             ,
             but
             I
             ,
             and
             
               Mr.
               Gibbons
            
             did
             carry
             the
             papers
             two
             or
             three
             dayes
             after
             that
             we
             had
             from
             
               Mr
               Drake
            
             ,
             which
             was
             this
             commission
             we
             speak
             of
             ,
             to
             Gravesend
             ,
             to
             Mason
             ;
             for
             he
             was
             at
             Gravesend
             before
             ,
             and
             there
             delivered
             it
             to
             him
             .
          
        
         
           
             Att
             Gen
             
          
           
             What
             w●s
             the
             effect
             of
             these
             instructions
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             The
             substance
             of
             them
             was
             according
             to
             the
             first
             commission
             ,
             to
             presse
             them
             to
             use
             all
             their
             indeavour
             to
             advise
             ,
             and
             take
             advise
             wi●h
             the
             Scotch
             Commissioners
             how
             to
             presse
             the
             King
             to
             take
             the
             covenant
             ,
             and
             to
             ●oyne
             with
             the
             honest
             party
             ,
             the
             Chu●ch
             party
             in
             Scotland
             ;
             that
             was
             the
             substance
             of
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             he
             not
             write
             to
             you
             to
             send
             money
             to
             the
             King
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             heard
             
               Mr.
               Drake
            
             once
             say
             ,
             there
             w●s
             a
             letter
             from
             my
             Lord
             Piercy
             to
             that
             purporse
             ,
             but
             Captain
             Titus
             himself
             wro●
             against
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             course
             or
             way
             was
             propounded
             to
             raise
             money
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             know
             of
             nothing
             propounded
             that
             way
             ▪
             It
             was
             not
             agreed
             for
             me
             at
             that
             meeting
             to
             go
             down
             ,
             but
             
               Mr.
               Drake
            
             suddenly
             went
             down
             ,
             and
             Mr.
             Drake
             alone
             spake
             to
             me
             .
          
        
         
           
             Att
             Gen.
             
          
           
             But
             ●e
             told
             you
             it
             was
             the
             first
             advise
             of
             some
             others
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             Truely
             ,
             I
             do
             not
             remember
             that
             he
             did
             tell
             me
             so
             :
             there
             was
             a
             commission
             and
             instructions
             read
             at
             
               Mr.
               Loves
            
             ,
             but
             whether
             agreed
             upon
             there
             or
             no
             ,
             I
             know
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             know
             you
             since
             Dunbar●ight
             ●ight
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             For
             that
             ,
             we
             met
             at
             
               Mr.
               Loves
            
             house
             ,
             in
             his
             lower
             roo●
             ,
             and
             there
             was
             a
             letter
             that
             was
             said
             came
             from
             Massey
             ,
             wherin
             he
             gave
             an
             account
             of
             that
             businesse
             ,
             how
             many
             men
             were
             lost
             ,
             and
             that
             he
             did
             write
             for
             Armes
             to
             be
             sent
             ,
             and
             in
             his
             letter
             did
             propose
             a
             way
             ,
             as
             I
             remember
             ,
             to
             be
             done
             by
             the
             way
             of
             Holland
             ,
             I
             cannot
             tell
             the
             particular
             number
             of
             Armes
             he
             writ
             for
             ;
             but
             for
             Armes
             ;
             and
             also
             did
             speak
             something
             in
             it
             concerning
             his
             own
             ,
             and
             Titus's
             necessity
             ,
             they
             being
             there
             strangers
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             There
             was
             a
             Proposition
             made
             of
             raising
             some
             money
             for
             supply
             of
             their
             necessities
             ?
          
        
         
           
             Mr
             Alford
             .
          
           
             It
             was
             not
             to
             purchase
             money
             ,
             or
             armes
             ,
             for
             any
             such
             thing
             ,
             but
             onely
             a
             Proposition
             made
             for
             supplying
             those
             Gentlemens
             personall
             necessities
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             And
             how
             was
             that
             to
             be
             done
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             It
             was
             to
             be
             done
             among
             our selves
             ,
             to
             raise
             some
             money
             ;
             there
             was
             five
             hundred
             pounds
             spoken
             of
             ,
             but
             it
             was
             impossible
             for
             us
             to
             do
             that
             ,
             for
             us
             that
             were
             inconsiderable
             men
             ,
             being
             men
             of
             mean
             estates
             ,
             and
             fortunes
             ,
             and
             so
             it
             was
             brought
             down
             to
             a
             lesse
             sum
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             was
             that
             sum
             ?
          
        
         
           
             M.
             Alford
             .
          
           
             Either
             two
             or
             three
             hundred
             pounds
             ,
             I
             cannot
             tell
             which
             .
          
        
         
           
             At.
             Gen.
             
          
           
             How
             was
             that
             to
             be
             raised
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             It
             was
             to
             be
             raised
             among
             our selves
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             did
             you
             subscribe
             then
             presently
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             No
             ,
             I
             did
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             did
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             cannot
             tell
             that
             any
             did
             ;
             for
             I
             then
             said
             ,
             that
             I
             did
             not
             know
             that
             either
             my selfe
             ,
             or
             any
             there
             ,
             was
             engaged
             by
             promise
             to
             do
             any
             thing
             for
             any
             ,
             onely
             for
             Captain
             Titus
             ;
             for
             he
             alone
             was
             there
             upon
             our
             Interest
             ,
             and
             therfore
             I
             said
             ,
             for
             that
             I
             would
             contribute
             ten
             pounds
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             How
             much
             did
             Mr.
             Love
             contribute
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             do
             not
             know
             of
             any
             particular
             sum
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             
               Mr.
               Love
            
             presse
             you
             to
             contribute
             ,
             or
             move
             any
             to
             do
             it
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             Truly
             
               Mr.
               Love
            
             did
             move
             to
             contribution
             of
             money
             ,
             for
             the
             purpose
             we
             speak
             of
             ,
             for
             the
             supply
             of
             Titus
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             When
             was
             Titus
             there
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             cannot
             tell
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             
               Mr.
               Love
            
             move
             it
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
           
             Mr.
             Love.
             
          
           
             Was
             I
             the
             first
             that
             did
             move
             it
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             Truly
             ,
             I
             cannot
             tell
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             at
             that
             time
             that
             the
             letters
             were
             read
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             It
             was
             at
             that
             time
             .
          
        
         
           
             L.
             Pres
             .
          
           
             And
             was
             
               Mr.
               Love
            
             there
             then
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             Yes
             ,
             it
             was
             at
             that
             time
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Do
             you
             remember
             of
             any
             Declaration
             of
             the
             Kirk
             and
             State
             read
             at
             that
             time
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             No
             indeed
             ,
             I
             do
             not
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             did
             say
             ,
             that
             the
             Letter
             did
             mention
             for
             armes
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             But
             we
             did
             all
             every
             one
             of
             us
             dis-avow
             that
             ,
             but
             onely
             the
             supply
             of
             their
             particular
             occasions
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             no
             motion
             then
             made
             for
             a
             letter
             to
             be
             written
             to
             the
             Church
             of
             Scotland
             ,
             to
             presse
             them
             to
             union
             and
             moderation
             .
          
        
         
           
             Mr.
             Alford
             .
          
           
             Not
             that
             I
             know
             of
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             a
             motion
             of
             sending
             fifty
             pounds
             to
             Colonel
             Graves
             ?
             and
             what
             succeeded
             upon
             it
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             doe
             not
             know
             of
             any
             particular
             ,
             but
             only
             of
             the
             sum
             to
             be
             raised
             in
             respect
             of
             Titus
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             How
             should
             your
             300
             l.
             be
             disposed
             of
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             That
             I
             cannot
             tell
             .
          
        
         
           
             Att
             Gen
             
          
           
             For
             whom
             was
             it
             to
             be
             raised
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             I
             told
             the
             Court
             that
             it
             was
             proposed
             for
             Massey
             ,
             and
             for
             Ti●us
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             you
             pay
             your
             money
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             No
             ,
             I
             did
             not
             pay
             it
             ,
             for
             I
             went
             out
             of
             town
             presently
             :
             I
             did
             promise
             ten
             pounds
             ,
             and
             ten
             pounds
             J
             paid
             ,
             but
             J
             cannot
             te●l
             to
             whom
             I
             paid
             it
             ,
             I
             believe
             it
             was
             paid
             by
             my
             man.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             he
             bring
             it
             to
             you
             upon
             account
             as
             paid
             ?
          
        
         
           
             M.
             Alford
             .
          
           
             J
             believe
             he
             did
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             do
             you
             know
             more
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             Truly
             ,
             Nothing
             more
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             do
             you
             know
             of
             any
             correspondency
             setled
             at
             Kendal
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             N●thing
             at
             all
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             This
             was
             since
             Dunbar
             fight
             .
             Do
             you
             know
             of
             any
             letters
             that
             came
             from
             the
             Kirk
             ,
             or
             Lowden
             ,
             or
             Argile
             ,
             or
             any
             of
             those
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             No
             ,
             J
             know
             nothing
             of
             that
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             You
             confesse
             you
             went
             to
             Callice
             ,
             and
             brought
             the
             copie
             of
             a
             letter
             from
             Titus
             :
             Did
             J
             send
             you
             to
             Titus
             ?
          
        
         
           
             Mr.
             Alford
             .
          
           
             No
             ,
             J
             do
             not
             say
             you
             did
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             It
             is
             alledged
             by
             this
             Gentleman
             ,
             that
             it
             was
             sent
             out
             of
             my
             house
             ,
             Did
             J
             write
             any
             letter
             by
             you
             when
             you
             went
             into
             Holland
             ?
             And
             upon
             your
             coming
             home
             ,
             you
             say
             the
             copie
             of
             a
             letter
             was
             read
             at
             my
             house
             ,
             will
             you
             swear
             I
             was
             in
             the
             roome
             at
             the
             time
             when
             the
             letter
             was
             read
             ?
             I
             was
             in
             my
             hou●e
             ,
             but
             did
             not
             I
             go
             often
             out
             and
             in
             ?
             Sir
             ,
             I
             do
             speak
             this
             ,
             because
             some
             at
             the
             Committee
             said
             ,
             I
             went
             in
             and
             out
             often
             .
             Do
             you
             swear
             that
             I
             heard
             the
             le●ter
             read
             in
             my
             house
             ?
          
        
         
           
             M.
             Alford
             .
          
           
             M.
             Love
             it
             was
             read
             in
             your
             study
             ,
             but
             that
             you
             were
             there
             when
             the
             letter
             was
             read
             ,
             I
             cannot
             tell
             .
          
        
         
           
             M.
             Love.
             
          
           
             He
             says
             he
             cannot
             tell
             that
             I
             heard
             the
             letter
             read
             .
          
        
         
           
             M.
             Alford
             .
          
           
             I
             cannot
             tell
             whether
             you
             might
             go
             out
             .
          
        
         
           
             M.
             Love.
             
          
           
             How
             long
             ago
             was
             this
             letter
             .
          
        
         
           
             M.
             Alford
             .
          
           
             I
             think
             it
             was
             at
             that
             time
             the
             King
             was
             at
             Jersy
             ,
             I
             cannot
             remember
             the
             month
             ,
             I
             think
             about
             two
             years
             ago
             .
          
        
         
           
             M.
             Love.
             
          
           
             VVas
             the
             letter
             sent
             to
             me
             ,
             or
             was
             it
             received
             by
             me
             ?
          
        
         
           
             M.
             Alford
             .
          
           
             I
             did
             not
             say
             it
             was
             ,
             I
             gave
             the
             paper
             I
             brought
             over
             from
             Titus
             to
             
               William
               Drake
            
             ;
             and
             some
             two
             or
             three
             dayes
             after
             ,
             when
             we
             did
             meet
             at
             your
             house
             ,
             
               M.
               Drake
            
             read
             those
             papers
             ,
             for
             he
             told
             me
             they
             were
             the
             same
             ,
             but
             I
             cannot
             tell
             they
             were
             the
             same
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             desire
             he
             may
             be
             asked
             whether
             I
             did
             give
             my
             consent
             to
             the
             sending
             the
             pretended
             Commission
             he
             speaks
             of
             .
          
        
         
           
             M.
             Alford
             .
          
           
             Truely
             ,
             there
             was
             not
             any
             mans
             particular
             assent
             asked
             ,
             that
             I
             know
             of
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             it
             not
             agreed
             in
             the
             generall
             that
             it
             should
             be
             sent
             over
             ?
          
        
         
           
             M.
             Love.
             
          
           
             I
             pray
             ask
             him
             this
             question
             ,
             did
             not
             I
             dissent
             from
             sending
             the
             Commission
             ?
          
        
         
           
             M.
             Alford
             .
          
           
             I
             do
             not
             remember
             it
             .
          
        
         
           
             M.
             Love.
             
          
           
             For
             the
             businesse
             of
             mony
             ,
             he
             saith
             ,
             there
             was
             two
             or
             three
             hundred
             pounds
             raised
             ,
             do
             you
             affirm
             I
             raised
             a
             penny
             ?
          
        
         
           
             M.
             Alford
             .
          
           
             I
             did
             not
             say
             it
             was
             raised
             ,
             but
             I
             say
             it
             was
             there
             propounded
             to
             be
             raised
             .
          
        
         
           
             L.
             Pres
             .
          
           
             This
             he
             did
             say
             ,
             There
             was
             a
             proposall
             for
             the
             doing
             of
             it
             ,
             and
             you
             did
             perswade
             the
             doing
             of
             it
             ;
             and
             he
             left
             ten
             pounds
             with
             his
             man
             afterwards
             .
          
        
         
           
             M.
             Love.
             
          
           
             Ask
             him
             whether
             there
             was
             not
             a
             letter
             at
             that
             time
             read
             ,
             that
             Massey
             was
             withdrawn
             at
             that
             time
             in
             discontent
             from
             the
             Court
             ?
          
        
         
           
             M.
             Alford
             .
          
           
             I
             do
             not
             remember
             that
             particular
             .
          
        
         
           
             M.
             Love.
             
          
           
             Ask
             him
             whether
             the
             mony
             was
             sent
             to
             buy
             armes
             ,
             or
             raise
             forces
             ,
             or
             only
             to
             supply
             his
             wants
             ,
             he
             not
             having
             a
             livelyhood
             .
          
        
         
           
             M.
             Alford
             .
          
           
             It
             was
             not
             for
             armes
             ,
             but
             it
             was
             for
             Massey
             and
             Titus
             ,
             to
             supply
             their
             necessities
             .
          
        
         
           
             M.
             Love.
             
          
           
             But
             he
             proves
             not
             that
             I
             lent
             any
             .
          
        
         
           
             M.
             Alford
             .
          
           
             I
             do
             not
             say
             you
             did
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Observe
             Sir
             ,
             there
             was
             a
             letter
             for
             armes
             at
             M.
             Loves
             house
             ,
             read
             there
             ,
             and
             M.
             Love
             
             did
             propound
             three
             hundred
             pounds
             to
             be
             raised
             ,
             and
             prest
             the
             doing
             of
             it
             accordingly
             .
             
               M.
               Alford
            
             did
             likewise
             lend
             ten
             pounds
             ;
             you
             may
             beleeve
             there
             hath
             been
             tampering
             with
             this
             witnesse
             too
             .
             My
             Lord
             ,
             ask
             
               M
               Alford
            
             whether
             there
             was
             not
             a
             letter
             brought
             to
             him
             by
             his
             Sister
             .
          
        
         
           
             M.
             Alford
             .
          
           
             My
             Lord
             ,
             after
             I
             had
             liberty
             for
             my
             wife
             to
             come
             to
             me
             ,
             she
             did
             give
             me
             a
             paper
             ,
             which
             I
             knew
             was
             my
             Sisters
             hand
             ;
             if
             I
             saw
             the
             thing
             I
             could
             tell
             ,
             but
             it
             did
             miscarry
             .
          
        
         
           
             Captain
             Fisher
             .
          
           
             My
             Lord
             the
             messenger
             is
             here
             in
             the
             court
             that
             did
             take
             the
             letter
             ,
             of
             which
             this
             is
             the
             true
             Copy
             word
             for
             word
             .
          
        
         
           Major
           Alford
           withdrawes
           ,
           and
           Major
           Huntington
           is
           called
           into
           the
           Court
           ,
           and
           is
           sworn
           .
        
         
           
             L.
             Pres
             .
          
           
             What
             do
             you
             know
             about
             M.
             Loves
             house
             ,
             about
             the
             Commission
             ,
             and
             Captain
             Titus
             ?
          
        
         
           
             M.
             Huntington
             .
          
           
             My
             Lord
             I
             can
             say
             ,
             that
             about
             March
             ,
             1648.
             
             I
             met
             with
             Major
             Alford
             ,
             and
             he
             told
             me
             that
             Titus
             was
             in
             town
             ,
             and
             asked
             me
             if
             I
             knew
             him
             ,
             and
             I
             told
             him
             ,
             I
             ;
             and
             asked
             him
             where
             he
             was
             ,
             he
             said
             he
             was
             newly
             come
             from
             beyond
             Sea
             ,
             from
             the
             Fry
             ,
             there
             being
             Alderman
             Bunce
             ;
             I
             asked
             him
             where
             he
             was
             ,
             he
             said
             little
             to
             me
             ;
             but
             he
             said
             he
             was
             to
             meet
             him
             the
             next
             day
             at
             the
             Swan
             at
             dowgate
             ,
             that
             there
             was
             to
             be
             some
             Citizens
             in
             order
             to
             those
             Gentlemen
             beyond
             the
             Seas
             ,
             to
             speak
             with
             him
             there
             .
             I
             did
             meet
             ,
             and
             the
             Citizens
             there
             were
             Col.
             Barton
             ,
             Col.
             Vaughan
             ,
             Captaine
             Massey
             ,
             L.
             Col.
             Bains
             ,
             and
             I
             think
             Hollis
             his
             man
             ,
             I
             am
             not
             certain
             of
             it
             ;
             but
             Captain
             Far
             was
             there
             :
             the
             businesse
             at
             that
             time
             ,
             was
             only
             commendations
             from
             their
             friends
             there
             ;
             and
             to
             tell
             them
             that
             he
             was
             commended
             to
             their
             acquaintance
             .
             And
             afterwards
             ,
             he
             grew
             into
             very
             high
             praises
             of
             the
             Prince
             ,
             and
             that
             he
             had
             the
             knowledge
             of
             it
             from
             a
             Scotch
             Lord
             ,
             I
             know
             not
             his
             name
             .
             After
             this
             he
             told
             them
             the
             Prince
             was
             running
             very
             unhandsome
             courses
             ,
             and
             they
             had
             very
             great
             hopes
             ,
             that
             his
             own
             inclinations
             did
             not
             lead
             him
             to
             it
             ,
             but
             it
             was
             the
             Malignant
             party
             about
             him
             ,
             that
             had
             a
             prevalency
             over
             him
             there
             ,
             as
             over
             his
             Father
             here
             ;
             but
             he
             did
             rather
             incline
             to
             join
             with
             the
             Jrish
             Rebbels
             ,
             and
             did
             beleeve
             he
             would
             incline
             that
             way
             ,
             unlesse
             he
             could
             get
             something
             from
             hence
             ,
             to
             divert
             him
             from
             i●
             ;
             whereupon
             he
             did
             hope
             they
             would
             all
             set
             themselves
             that
             way
             ,
             and
             that
             he
             would
             get
             letters
             from
             persons
             of
             honour
             (
             whom
             I
             know
             not
             )
             that
             should
             perswade
             him
             into
             a
             good
             belief
             of
             the
             Scots
             ,
             and
             to
             take
             the
             Covenant
             ;
             after
             this
             there
             was
             a
             meeting
             again
             ,
             I
             think
             fourteen
             days
             after
             ,
             at
             the
             white
             Hart
             in
             Breadstreet
             ,
             and
             there
             I
             met
             too
             ;
             in
             the
             time
             that
             I
             was
             there
             ,
             I
             did
             understand
             there
             had
             been
             a
             meeting
             or
             two
             before
             in
             order
             to
             the
             businesse
             ,
             &
             Captain
             Titus
             did
             declare
             he
             had
             now
             again
             letters
             from
             persons
             of
             honour
             ,
             to
             send
             to
             my
             Lord
             Piercy
             ,
             and
             did
             hope
             they
             would
             set
             something
             a
             foot
             amongst
             themselves
             of
             the
             like
             consequence
             :
             for
             
               Massey
               ,
               Bunce
            
             ,
             and
             Graves
             could
             see
             no
             way
             under
             the
             heavens
             but
             for
             the
             King
             to
             take
             the
             Covenant
             ,
             and
             joyn
             with
             the
             Scots
             ,
             and
             to
             engage
             the
             Covenanting
             party
             here
             .
             And
             to
             that
             purpose
             ,
             he
             draws
             forth
             a
             paper
             that
             did
             purport
             that
             they
             were
             bound
             in
             honor
             ,
             and
             justice
             ,
             and
             conscience
             ,
             and
             I
             think
             Loyalty
             ,
             to
             maintain
             him
             in
             his
             just
             rights
             ,
             if
             he
             would
             go
             and
             joyn
             with
             the
             Covenanting
             party
             in
             Scotland
             ;
             and
             that
             he
             had
             no
             other
             way
             under
             God
             ,
             but
             that
             ;
             which
             if
             he
             did
             ,
             they
             took
             themselves
             bound
             in
             Conscience
             to
             help
             him
             to
             his
             just
             rights
             .
             Upon
             this
             L.
             Col.
             Bains
             makes
             objection
             to
             it
             ,
             and
             said
             ,
             it
             was
             a
             Malignant
             businesse
             ;
             and
             did
             fear
             there
             was
             no
             good
             designe
             in
             the
             thing
             ,
             and
             thereupon
             they
             did
             break
             up
             .
             I
             cannot
             tell
             whether
             it
             was
             sent
             or
             no
             ,
             for
             they
             were
             affraid
             he
             would
             betray
             the
             businesse
             .
          
           
             After
             that
             I
             was
             told
             by
             Major
             Alford
             ,
             that
             Bains
             told
             them
             ,
             he
             was
             very
             sorry
             he
             should
             meddle
             in
             that
             businesse
             ,
             and
             that
             they
             would
             never
             prosper
             ,
             that
             had
             any
             thing
             to
             do
             with
             him
             ,
             for
             that
             the
             sins
             of
             him
             and
             his
             Father
             were
             so
             great
             ;
             whereupon
             they
             were
             very
             wary
             and
             affraid
             he
             would
             discover
             the
             businesse
             .
             And
             he
             ,
             I
             think
             ,
             knew
             no
             further
             .
             After
             this
             ,
             I
             did
             understand
             this
             letter
             was
             sent
             to
             the
             Prince
             ,
             and
             I
             was
             told
             so
             by
             
               M.
               Alford
            
             ,
             that
             it
             was
             sent
             in
             the
             name
             of
             the
             secluded
             members
             ,
             and
             Ministers
             ,
             and
             Citizens
             ,
             and
             souldery
             ,
             and
             Noblemen
             ;
             I
             remember
             it
             fetch'd
             a
             great
             compasse
             :
             wherupon
             when
             the
             Prince
             saw
             this
             letter
             ,
             and
             had
             it
             from
             my
             Lord
             Piercy
             ,
             he
             stormed
             at
             it
             ,
             &
             said
             ,
             Who
             are
             these
             Noblemen
             ,
             and
             the
             rest
             ?
             What
             can
             they
             do
             for
             me
             ?
             can
             they
             raise
             me
             ten
             thousand
             men
             ?
             Wherupon
             there
             was
             nothing
             done
             ,
             but
             Titus
             retired
             himself
             to
             his
             mothers
             house
             ,
             &
             there
             lived
             about
             three
             quarters
             of
             a
             year
             ,
             and
             came
             to
             town
             after
             ,
             &
             did
             solicite
             his
             own
             business
             .
             A
             little
             after
             this
             ,
             I
             heard
             (
             upon
             the
             businesse
             of
             the
             Scots
             )
             that
             there
             was
             another
             letter
             sent
             that
             did
             begin
             the
             thing
             again
             ,
             and
             now
             the
             Prince
             had
             considered
             of
             the
             thing
             ,
             and
             sent
             over
             the
             letter
             ,
             and
             I
             heard
             ,
             that
             it
             was
             to
             the
             Ministers
             of
             London
             .
             I
             did
             not
             see
             the
             letter
             ,
             but
             Alford
             and
             Drake
             told
             me
             it
             was
             so
             .
             After
             this
             Titus
             was
             sent
             away
             ,
             and
             that
             with
             a
             sum
             of
             mony
             ,
             as
             I
             heard
             ;
             who
             lent
             the
             mony
             ,
             J
             cannot
             tell
             ,
             and
             what
             sum
             J
             know
             not
             :
             but
             presently
             after
             this
             ,
             J
             coming
             to
             town
             out
             of
             the
             West
             ,
             in
             March
             1649.
             in
             the
             beginning
             of
             March
             ,
             the
             day
             of
             my
             coming
             to
             London
             ,
             after
             J
             had
             been
             here
             one
             or
             two
             days
             at
             most
             ,
             J
             
             met
             with
             Hollis
             his
             man
             in
             Fleet-street
             ,
             I
             do
             not
             know
             his
             name
             ,
             he
             met
             me
             ,
             and
             I
             asked
             him
             what
             news
             ?
             he
             told
             me
             ,
             he
             wondred
             that
             I
             was
             a
             stranger
             :
             and
             I
             asked
             him
             ,
             what
             news
             ?
             saith
             he
             ,
             if
             you
             come
             to
             M.
             Love's
             house
             ,
             you
             shall
             hear
             newes
             ;
             what
             is
             your
             businesse
             there
             ,
             said
             I
             ?
             he
             said
             ,
             it
             was
             to
             pray
             together
             ,
             and
             to
             hear
             the
             newes
             :
             I
             went
             about
             nine
             of
             the
             clock
             ,
             and
             prayer
             was
             over
             ,
             and
             the
             news
             a
             great
             part
             was
             over
             :
             but
             after
             I
             did
             come
             there
             ,
             that
             I
             did
             hear
             ,
             was
             this
             ;
             
               William
               Drake
            
             pulled
             a
             paper
             out
             of
             his
             pocket
             ,
             that
             I
             understood
             he
             had
             put
             into
             his
             pocket
             ,
             or
             withdrawn
             ,
             because
             of
             a
             stranger
             ,
             and
             afterwards
             he
             took
             it
             out
             again
             .
             The
             substance
             of
             the
             paper
             was
             to
             this
             pu●pose
             ,
             as
             I
             remember
             ,
             it
             was
             in
             characters
             ,
             and
             pulled
             out
             of
             his
             pocket
             ,
             and
             by
             him
             read
             :
             In
             the
             name
             of
             the
             Commissioners
             commissionating
             the
             Lord
             Willoughby
             of
             Parham
             ,
             Major
             Generall
             Massey
             ,
             Colonel
             Graves
             ,
             Captain
             Titus
             ,
             and
             Alderman
             Bunce
             ,
             in
             order
             to
             the
             Treaty
             ,
             in
             the
             behalfe
             of
             the
             well
             affected
             party
             in
             England
             ,
             and
             these
             to
             joyne
             with
             the
             Scotch
             Commissioners
             ,
             according
             to
             such
             instructions
             that
             should
             be
             therewith
             inclosed
             .
             And
             some
             body
             asked
             him
             ,
             what
             power
             have
             we
             to
             give
             such
             a
             commission
             ?
             it
             was
             answered
             again
             by
             
               Wiliam
               Drake
            
             ,
             that
             we
             have
             the
             Kings
             command
             for
             it
             ,
             and
             wee
             have
             likewise
             the
             authority
             of
             some
             prudent
             Parliament
             man
             ,
             whom
             wee
             look
             upon
             (
             saith
             he
             )
             beyond
             the
             power
             of
             them
             that
             now
             sit
             :
             whereupon
             M.
             Love
             replies
             ,
             Come
             ,
             come
             ,
             let
             it
             go
             ▪
             and
             after
             that
             I
             knew
             nothing
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Repeat
             that
             again
             ?
          
        
         
           
             Huntington
             .
          
           
             When
             the
             question
             was
             asked
             ,
             what
             power
             have
             we
             to
             send
             or
             give
             commission
             ,
             saith
             Drake
             ,
             we
             have
             the
             command
             of
             the
             King
             to
             do
             it
             ;
             besides
             ,
             we
             have
             the
             authority
             of
             secluded
             Members
             ;
             whereupon
             Mr.
             Love
             replied
             ,
             Come
             ,
             come
             ,
             let
             it
             go
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Pray
             ,
             ask
             him
             this
             one
             question
             ,
             Were
             there
             no
             speeches
             between
             
               William
               Drakes
            
             words
             ,
             and
             those
             words
             he
             pretends
             were
             mine
             ?
          
        
         
           
             Huntington
             .
          
           
             J
             remember
             none
             .
          
        
         
           Huntington
           withdraws
           .
           L.
           Colonel
           Bains
           ,
           is
           called
           into
           the
           Court
           ,
           and
           is
           sworn
           .
        
         
           
             L.
             Pres
             .
          
           
             Speak
             what
             you
             know
             of
             this
             businesse
             ?
          
        
         
           
             Bains
             .
          
           
             My
             Lord
             ,
             Concerning
             any
             thing
             that
             came
             from
             Scotland
             ,
             I
             never
             knew
             any
             thing
             ,
             nor
             did
             I
             ever
             hear
             any
             thing
             ;
             for
             Dowgate
             ,
             J
             was
             at
             two
             meetings
             at
             Dowgate
             ;
             At
             the
             first
             meeting
             ,
             there
             was
             a
             person
             that
             J
             did
             not
             know
             ,
             which
             at
             the
             second
             meeting
             ,
             J
             was
             told
             was
             Captain
             Titus
             ,
             and
             he
             at
             that
             meeting
             (
             where
             there
             was
             nine
             ,
             or
             ten
             ,
             or
             more
             ,
             or
             thereabouts
             ,
             )
             he
             did
             propose
             some
             thing
             to
             be
             done
             in
             order
             to
             the
             restoring
             or
             preserving
             the
             Presbyterian
             Jnterest
             by
             way
             of
             application
             to
             the
             King
             ,
             as
             he
             called
             him
             ,
             and
             did
             advise
             it
             to
             be
             by
             way
             of
             petition
             ,
             and
             that
             he
             conceived
             to
             be
             the
             onely
             way
             to
             preserve
             the
             Presbyterian
             Jnterest
             in
             England
             ;
             and
             that
             way
             would
             be
             the
             way
             to
             assure
             him
             ,
             he
             had
             a
             considerable
             party
             in
             England
             ;
             and
             he
             did
             use
             many
             arguments
             ,
             as
             a
             duty
             lying
             upon
             us
             by
             our
             Covenant
             ,
             to
             apply
             our selves
             to
             him
             ,
             and
             he
             offered
             to
             draw
             up
             a
             draught
             of
             a
             petition
             against
             the
             next
             meeting
             to
             that
             purpose
             :
             and
             he
             said
             ,
             it
             was
             necessary
             some
             thing
             should
             be
             done
             by
             some
             Parliament
             men
             ,
             and
             some
             Ministers
             ,
             and
             some
             Citizens
             ,
             that
             were
             leading
             men
             ,
             men
             that
             thereby
             he
             might
             be
             assured
             that
             he
             had
             a
             party
             ,
             and
             that
             considerable
             .
             At
             the
             next
             meeting
             ,
             which
             was
             suddenly
             after
             ,
             he
             did
             produce
             a
             paper
             ,
             which
             ,
             as
             J
             remember
             ,
             was
             in
             short
             hand
             ;
             a
             petition
             ,
             which
             was
             to
             the
             purpose
             J
             have
             hinted
             .
             There
             were
             severall
             debates
             ,
             whether
             it
             should
             be
             signed
             ,
             or
             not
             signed
             ,
             and
             my selfe
             ,
             and
             two
             more
             before
             disliked
             it
             ;
             and
             before
             he
             read
             the
             paper
             ,
             he
             began
             to
             commend
             the
             good
             nature
             of
             the
             King
             ,
             what
             good
             affections
             he
             had
             ,
             and
             likewise
             did
             say
             ,
             there
             was
             a
             necessity
             something
             should
             be
             done
             to
             the
             Queen
             ,
             and
             Jermine
             ,
             and
             Piercy
             ;
             who
             he
             said
             ,
             were
             our
             friends
             ,
             that
             they
             should
             stir
             him
             up
             to
             comply
             with
             the
             Scotch
             Commissioners
             ;
             and
             upon
             this
             there
             was
             my selfe
             ,
             and
             two
             more
             there
             present
             ,
             (
             I
             hope
             it
             sate
             upon
             them
             ,
             as
             upon
             my selfe
             )
             disliked
             the
             businesse
             ,
             and
             from
             that
             time
             for
             my
             own
             part
             ,
             I
             never
             heard
             any
             thing
             ;
             the
             heads
             of
             the
             Petition
             I
             cannot
             suddenly
             remember
             .
             This
             paper
             carries
             the
             sum
             and
             substance
             of
             the
             businesse
             .
          
        
         
           The
           Clerk
           shewes
           him
           a
           paper
           which
           he
           had
           formerly
           given
           in
           .
        
         
           
             Bains
             
          
           
             This
             paper
             ,
             if
             it
             be
             not
             interlined
             since
             ,
             it
             was
             of
             my
             own
             dictating
             ,
             and
             writ
             with
             my
             own
             hands
             ,
             
               he
               looks
               upon
               the
               paper
            
             .
             I
             see
             no
             alteration
             made
             at
             all
             .
          
        
         
           
             L.
             Pres
             .
          
           
             And
             this
             you
             deliver
             upon
             oath
             ?
          
        
         
           
             Bains
             
          
           
             Yes
             ,
             upon
             my
             oath
             ,
             to
             the
             best
             of
             my
             remembrance
             .
             And
             as
             to
             the
             Prisoner
             ,
             I
             can
             say
             nothing
             .
          
        
         
           Bains
           withdraws
           .
        
         
           Major
           Adams
           is
           called
           into
           the
           Court
           ,
           and
           sworn
           .
        
         
           
             L.
             Pres
             .
          
           
             Declare
             your
             knowledge
             in
             this
             businesse
             ?
          
        
         
           
             M.
             Adams
             .
          
           
             Touching
             Alderman
             Bunce
             and
             
               Mason
               ,
               I
            
             know
             something
             by
             relation
             touching
             the
             correspondency
             with
             them
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Tell
             the
             manner
             of
             it
             .
          
        
         
           
             M.
             Adams
             .
          
           
             I
             conceive
             it
             was
             carried
             on
             by
             
               Mr.
               Drake
            
             ,
             that
             is
             now
             absent
             ;
             and
             in
             Scotland
             ,
             by
             one
             Baily
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             VVhat
             do
             you
             know
             of
             Mason
             ,
             and
             of
             letters
             sent
             by
             him
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             
               Mason
               I
            
             do
             know
             ,
             and
             I
             do
             know
             he
             did
             receive
             letters
             .
          
        
         
           
             L.
             Pres
             .
          
           
             From
             whom
             ?
          
        
         
           
             M.
             Adams
             .
          
           
             He
             said
             ,
             from
             my
             Lord
             Piercy
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             To
             whom
             were
             those
             letters
             communicated
             here
             ?
          
        
         
           
             M.
             Adams
             .
          
           
             They
             were
             communicated
             to
             M.
             Drake
             ,
             and
             by
             M.
             Drake
             ,
             to
             my selfe
             ,
             and
             M.
             Alford
             ,
             and
             
               C.
               Potter
            
             ,
             and
             
               C.
               Far.
            
             
          
        
         
           
             Att.
             Gen.
             
          
           
             VVas
             M.
             Love
             privie
             to
             it
             ?
          
        
         
           
             M.
             Adams
          
           
             I
             cannot
             say
             that
             ,
             my
             Lord.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             VVere
             there
             not
             letters
             sent
             to
             Scotland
             to
             them
             ,
             and
             back
             again
             hither
             about
             sending
             moderate
             propositions
             to
             the
             King
             ?
          
        
         
           
             M.
             Adams
             .
          
           
             There
             was
             such
             letters
             .
          
        
         
           
             L.
             Pres
             .
          
           
             VVho
             writ
             them
             ?
          
        
         
           
             Mr.
             Adams
             
          
           
             That
             I
             cannot
             tell
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Had
             
               Mr.
               Love
            
             a
             hand
             in
             them
             ?
          
        
         
           
             M
             Adams
             .
          
           
             I
             cannot
             say
             he
             had
             .
             I
             cannot
             prove
             a
             negative
             ,
             I
             cannot
             say
             he
             had
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             know
             you
             of
             the
             petition
             sent
             to
             the
             King
             ?
          
        
         
           
             M.
             Adams
          
           
             I
             know
             nothing
             of
             it
             ,
             only
             I
             was
             told
             of
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Who
             told
             you
             of
             it
             ?
          
        
         
           
             M.
             Adams
          
           
             I
             cannot
             my
             Lord
             fix
             it
             upon
             any
             particular
             man
             ,
             but
             I
             believe
             I
             was
             told
             of
             it
             by
             Alford
             ,
             or
             Far
             ,
             or
             Bains
             ;
             for
             I
             was
             not
             there
             at
             that
             time
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             do
             you
             know
             about
             the
             meeting
             at
             the
             Swan
             at
             Dowgate
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             My
             Lord
             I
             was
             not
             there
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Then
             my
             Lord
             ,
             he
             may
             tell
             you
             what
             he
             doth
             know
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             My
             Lord
             ,
             upon
             our
             meeting
             in
             some
             place
             or
             other
             ,
             I
             cannot
             tell
             where
             ,
             I
             cannot
             tell
             the
             time
             ,
             nor
             the
             place
             ,
             but
             either
             at
             the
             Swan
             in
             Fish-street
             ,
             or
             at
             the
             Swan
             at
             Dowgate
             ,
             or
             in
             
               Cateaten
               street
            
             ;
             in
             one
             of
             these
             three
             places
             ,
             I
             cannot
             punctually
             remember
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             was
             at
             that
             meeting
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             Mr.
             
               William
               Drake
            
             ,
             Captain
             Titus
             ,
             Major
             Alford
             ,
             Captain
             Far
             ,
             Captain
             Potter
             ,
             and
             my selfe
             ;
             and
             I
             do
             not
             know
             how
             many
             more
             ,
             or
             whether
             any
             more
             ,
             or
             no.
             
          
        
         
           
             L.
             Pres
             .
          
           
             What
             past
             there
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             It
             was
             there
             agreed
             ,
             that
             Captain
             Titus
             should
             go
             over
             to
             Jersy
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             he
             imployed
             about
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             The
             end
             of
             his
             going
             ,
             was
             to
             endeavour
             to
             work
             an
             agreement
             between
             the
             King
             and
             Scots
             ,
             according
             to
             the
             Covenant
             .
             That
             was
             the
             end
             that
             was
             propounded
             .
             And
             in
             order
             to
             his
             going
             ,
             wee
             did
             agree
             to
             furnish
             him
             with
             money
             for
             the
             present
             ,
             and
             made
             some
             kind
             of
             promise
             to
             maintaine
             him
             while
             he
             was
             out
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             money
             was
             he
             furnished
             with
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             cannot
             be
             punctuall
             in
             that
             ,
             but
             about
             a
             hundred
             pounds
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             should
             pay
             it
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             paid
             twenty
             pounds
             of
             it
             ,
             but
             I
             cannot
             tell
             who
             paid
             the
             rest
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             To
             whom
             did
             you
             pay
             it
             ?
          
        
         
           
             Adams
             .
          
           
             To
             
               Mr.
               Drake
            
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             Ask
             him
             whether
             when
             this
             was
             sent
             to
             Jersy
             ,
             was
             there
             not
             a
             return
             made
             ?
          
        
         
           
             L.
             Pres
             .
          
           
             Well
             ,
             go
             on
             ,
             There
             was
             your
             twenty
             pounds
             gone
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             This
             is
             the
             substance
             of
             what
             I
             can
             say
             of
             his
             going
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             this
             twenty
             pounds
             that
             you
             laid
             out
             of
             your
             owne
             ,
             or
             did
             you
             collect
             it
             of
             some
             of
             the
             rest
             ,
             or
             did
             you
             gather
             any
             of
             it
             again
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             cannot
             say
             that
             I
             did
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             you
             not
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             My
             Lord
             ,
             I
             tell
             you
             the
             truth
             ,
             I
             doe
             not
             know
             whether
             I
             did
             ,
             or
             no
             ;
             for
             I
             remember
             it
             was
             determined
             that
             we
             should
             gather
             it
             at
             that
             meeting
             ?
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             not
             
               Mr.
               Love
            
             know
             of
             the
             collection
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             cannot
             say
             he
             did
             ,
             it
             may
             be
             ,
             he
             might
             ,
             but
             I
             dare
             not
             say
             upon
             my
             oath
             ,
             that
             he
             knew
             of
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Ask
             him
             what
             return
             Titus
             made
             ,
             what
             answer
             ,
             and
             what
             account
             he
             gave
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             
               M.
               Alford
            
             went
             to
             Calice
             to
             meet
             Titus
             ,
             and
             Titus
             did
             send
             word
             that
             the
             Councell
             of
             State
             heard
             of
             his
             being
             there
             ,
             and
             thereupon
             desired
             that
             some
             body
             might
             be
             sent
             over
             to
             him
             ;
             for
             he
             had
             something
             to
             communicate
             which
             he
             could
             not
             well
             do
             by
             writing
             ,
             and
             thereupon
             
               Mr.
               Alford
            
             was
             sent
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             Ask
             him
             where
             the
             letter
             was
             read
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             The
             letter
             that
             Titus
             sent
             ,
             was
             read
             by
             Mr.
             
               William
               Drake
            
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Where
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             At
             his
             house
             ,
             as
             I
             think
             ,
             for
             I
             cannot
             certainly
             remember
             ,
             I
             did
             not
             say
             ,
             upon
             my
             Examination
             that
             it
             was
             read
             any
             where
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Whether
             were
             not
             you
             moved
             to
             go
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             There
             was
             some
             motion
             to
             that
             end
             .
          
        
         
           
             L.
             Pres
             .
          
           
             VVho
             moved
             it
             ,
             and
             where
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             VVho
             moved
             it
             ,
             I
             cannot
             tell
             ;
             it
             was
             moved
             ,
             I
             think
             ,
             in
             
               Mr.
               Loves
            
             Chamber
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             
               Mr.
               Love
            
             there
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             He
             was
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             
               Mr.
               Love
            
             move
             it
             ▪
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             cannot
             say
             he
             did
             .
          
        
         
           
             L.
             Pres
             .
          
           
             He
             will
             not
             say
             it
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             cannot
             say
             it
             upon
             my
             oath
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             so
             much
             he
             saith
             ,
             that
             it
             was
             moved
             in
             
               Mr.
               Loves
            
             chamber
             ,
             then
             he
             may
             give
             you
             an
             account
             of
             
               Mr.
               Alfords
            
             return
             ,
             and
             where
             the
             account
             was
             given
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             The
             returne
             of
             
               Mr.
               Alfords
            
             account
             was
             given
             at
             
               Mr.
               Loves
            
             house
             .
          
        
         
           
             L.
             Pres
             .
          
           
             VVhat
             was
             it
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             The
             return
             he
             made
             in
             generall
             was
             by
             a
             Narrative
             ,
             and
             a
             copie
             of
             a
             letter
             from
             the
             King
             :
             there
             was
             with
             the
             Narrative
             that
             which
             was
             said
             to
             be
             the
             copie
             of
             a
             letter
             from
             the
             King.
             
          
        
         
           
             L.
             Pres
             .
          
           
             What
             was
             the
             substance
             of
             that
             letter
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             The
             contents
             
             of
             the
             letter
             ,
             as
             I
             remember
             ,
             was
             first
             ,
             he
             exprest
             a
             great
             deal
             of
             affection
             to
             the
             Ministry
             of
             England
             in
             generall
             ,
             and
             promised
             great
             favour
             when
             he
             was
             in
             a
             condition
             to
             do
             it
             ,
             and
             desired
             them
             to
             continue
             stedfast
             in
             the
             way
             they
             were
             in
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             this
             letter
             published
             at
             
               Mr.
               Loves
            
             study
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             It
             was
             read
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             
               Mr.
               Love
            
             there
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             Truly
             ,
             to
             be
             positive
             ,
             that
             
               Mr.
               Love
            
             was
             there
             ,
             I
             dare
             not
             say
             ;
             but
             
               Mr.
               Love
            
             was
             there
             at
             that
             meeting
             ,
             either
             at
             the
             ,
             beginning
             or
             ending
             ,
             but
             whether
             the
             letter
             was
             read
             at
             Mr.
             Loves
             house
             I
             dare
             not
             swear
             ;
             the
             Narrative
             from
             Titus
             ,
             was
             a
             very
             long
             one
             ,
             and
             very
             well
             drawn
             ,
             I
             cannot
             give
             an
             account
             of
             it
             now
             :
             the
             whole
             of
             it
             was
             after
             this
             manner
             ;
             To
             give
             an
             account
             to
             us
             of
             all
             the
             transactions
             that
             had
             happened
             since
             his
             going
             out
             of
             England
             ,
             he
             did
             give
             an
             account
             of
             his
             usage
             by
             the
             Cavalier
             Party
             ,
             that
             was
             against
             the
             Kings
             agreement
             with
             the
             Scots
             ,
             because
             there
             was
             some
             did
             incline
             to
             his
             agreement
             with
             them
             ,
             and
             there
             was
             another
             party
             was
             much
             against
             it
             ,
             and
             he
             gave
             a
             very
             large
             account
             of
             that
             ▪
             after
             that
             he
             went
             on
             describing
             his
             disposition
             and
             condition
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             This
             was
             the
             substance
             of
             the
             rest
             .
             Was
             there
             not
             some
             propositions
             for
             giving
             of
             thanks
             to
             Titus
             ,
             for
             his
             so
             wel
             managing
             his
             affairs
             there
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             There
             was
             a
             motion
             made
             by
             some
             body
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Who
             made
             the
             motion
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             cannot
             tell
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             not
             an
             hundred
             pounds
             more
             to
             be
             sent
             agreed
             upon
             there
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             think
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             There
             was
             more
             money
             contributed
             ,
             who
             agreed
             to
             lend
             any
             ?
          
        
         
           
             Adams
             ?
          
           
             Sir
             ,
             To
             that
             question
             ,
             I
             cannot
             say
             ,
             who
             propounded
             it
             ;
             but
             that
             there
             was
             money
             sent
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Who
             contributed
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             did
             my
             share
             .
          
        
         
           
             L.
             Pres
             .
          
           
             How
             much
             was
             that
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             As
             I
             remember
             ,
             ten
             pounds
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             To
             whom
             did
             you
             pay
             it
             ,
             and
             where
             did
             you
             pay
             it
             ?
          
        
         
           Then
           they
           shewed
           him
           his
           Examination
           .
        
         
           
             L.
             Pres
             .
          
           
             Come
             ,
             look
             upon
             it
             ,
             and
             be
             well
             advised
             .
          
        
         
           Adams
           looks
           upon
           his
           Examination
           .
        
         
           
             Mr.
             Adams
             .
          
           
             I
             paid
             it
             to
             Mr.
             Drake
             at
             his
             fathers
             shop
             in
             Cheap-side
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Next
             about
             the
             Commission
             and
             instructions
             to
             be
             sent
             ,
             what
             do
             you
             know
             of
             that
             ?
             when
             this
             letter
             was
             read
             from
             the
             King
             ,
             and
             published
             in
             Mr.
             Loves
             study
             ,
             whether
             was
             there
             not
             a
             Commission
             agreed
             upon
             ,
             to
             give
             instructions
             to
             treat
             with
             the
             King
             at
             Bredah
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             There
             was
             a
             motion
             made
             at
             Mr.
             Loves
             house
             ,
             that
             there
             should
             be
             a
             commission
             and
             instructions
             drawn
             and
             sent
             ;
             the
             motion
             was
             made
             at
             
               Mr.
               Loves
            
             house
             ,
             they
             〈◊〉
             there
             spoken
             of
             .
          
        
         
           
             L.
             Pres
             .
          
           
             By
             whom
             ,
             who
             did
             the
             Dialogue
             run
             between
             ?
             Did
             
               Mr.
               Love
            
             do
             it
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             Truely
             ,
             for
             my
             part
             ,
             I
             did
             not
             then
             take
             such
             speciall
             notice
             ,
             that
             I
             dare
             at
             this
             time
             upon
             my
             oath
             ,
             deliver
             any
             thing
             positively
             against
             any
             particular
             man
             ,
             but
             generally
             all
             spake
             something
             ,
             as
             I
             remember
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             any
             debate
             to
             mend
             the
             instructions
             ?
          
        
         
           
             Adams
             .
          
           
             Truly
             ,
             Sir
             ,
             not
             as
             I
             remember
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             
               Mr.
               Gibbons
            
             bring
             the
             rough
             draft
             of
             the
             Commission
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             Truely
             ,
             I
             think
             he
             did
             ,
             as
             I
             remember
             he
             did
             ,
             I
             have
             spoken
             of
             the
             Comission
             and
             instructions
             that
             were
             debated
             then
             and
             there
             ,
             and
             that
             many
             of
             these
             persons
             here
             mentioned
             ,
             were
             there
             ;
             but
             that
             some
             of
             them
             mentioned
             ,
             might
             not
             be
             there
             then
             ,
             is
             very
             likely
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             Mr.
             Love
             there
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             That
             he
             was
             there
             some
             part
             of
             this
             time
             ,
             I
             am
             very
             confident
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             it
             in
             his
             study
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             It
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             a
             Commission
             agreed
             upon
             to
             be
             sent
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             For
             the
             word
             
               agreed
               ,
               I
            
             cannot
             tell
             what
             to
             say
             to
             it
             ;
             Agreed
             ,
             holds
             forth
             as
             if
             a
             vote
             passed
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             there
             not
             a
             generall
             consent
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             Being
             upon
             my
             oath
             ,
             I
             desire
             to
             be
             cautious
             ,
             for
             I
             must
             be
             tender
             in
             speaking
             the
             truth
             in
             this
             case
             ,
             and
             I
             do
             not
             know
             what
             to
             make
             of
             the
             word
             agreed
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             it
             approved
             of
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             To
             my
             understanding
             the
             thing
             was
             thus
             ,
             that
             at
             such
             meetings
             as
             these
             ,
             we
             were
             not
             absolutely
             formall
             ,
             as
             if
             we
             had
             been
             established
             by
             a
             Court
             of
             Justice
             ,
             to
             act
             thus
             ,
             and
             that
             there
             should
             be
             prefaces
             ,
             and
             such
             things
             ,
             or
             such
             methods
             observed
             ,
             as
             that
             any
             man
             undertook
             to
             make
             a
             preface
             ,
             either
             at
             the
             beginning
             ,
             or
             conclusion
             ,
             but
             it
             was
             spoken
             to
             by
             many
             persons
             ,
             and
             by
             every
             person
             spoken
             to
             ,
             and
             in
             this
             sense
             it
             was
             agreed
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Were
             there
             not
             instructions
             agreed
             upon
             ,
             and
             all
             this
             in
             
               M.
               Loves
            
             study
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             It
             was
             so
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Were
             they
             not
             read
             there
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             think
             they
             were
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Who
             read
             them
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             I
             cannot
             tell
             who
             read
             them
             ,
             but
             they
             were
             read
             ,
             and
             I
             think
             Mr.
             Drake
             read
             them
             ▪
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             the
             contents
             of
             the
             Commission
             ?
          
        
         
           
             Mr.
             Adams
             .
          
           
             The
             contents
             or
             the
             substance
             of
             the
             Commission
             was
             to
             this
             effect
             .
          
           
             This
             he
             reads
             out
             of
             his
             Examination
             .
          
           
             We
             the
             Presbyterians
             of
             England
             ,
             do
             authorize
             you
             the
             Lord
             Willughby
             of
             
               Parham
               ,
               Edward
               Mas-Massey
               ,
               
               Richard
               Graves
               ,
               Cilas
               Titus
               ,
            
             and
             
               James
               Bunce
            
             ,
             to
             assist
             our
             Brethren
             ,
             the
             Scotch
             Commissioners
             in
             their
             Treaty
             with
             the
             King
             ,
             according
             to
             the
             instructions
             annexed
             ,
             I
             dare
             not
             swear
             it
             in
             these
             words
             ,
             but
             to
             this
             purpose
             it
             was
             ;
             The
             substance
             of
             the
             instructions
             were
             to
             use
             all
             the
             arguments
             they
             could
             to
             move
             the
             King
             to
             give
             the
             Scotch
             satisfaction
             ,
             and
             to
             take
             the
             Covenant
             ;
             such
             arguments
             were
             mentioned
             ,
             as
             the
             then
             condition
             of
             affaires
             best
             afforded
             ,
             particularly
             how
             things
             stood
             in
             England
             at
             that
             time
             :
             which
             did
             all
             of
             them
             cry
             out
             for
             an
             agreement
             ,
             and
             gave
             them
             full
             power
             as
             to
             all
             things
             ,
             and
             what
             should
             be
             concluded
             by
             them
             ,
             should
             be
             confirmed
             by
             these
             here
             ;
             but
             I
             cannot
             say
             so
             ,
             but
             what
             words
             were
             ,
             were
             to
             this
             purpose
             ,
             saving
             this
             conclusion
             ,
             that
             what
             was
             concluded
             ,
             should
             be
             confirmed
             here
             ,
             I
             do
             not
             remember
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             some
             debate
             by
             what
             warrant
             they
             should
             act
             in
             this
             Commission
             and
             instructions
             ?
          
        
         
           
             Adams
             .
          
           
             There
             were
             some
             such
             words
             at
             the
             meeting
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             did
             Mr.
             Love
             say
             ?
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             remember
             what
             
               Mr.
               Love
            
             did
             say
             ,
             or
             whether
             he
             said
             any
             thing
             or
             nothing
             at
             that
             time
             ,
             but
             that
             there
             were
             such
             words
             said
             ,
             I
             have
             said
             it
             ,
             but
             by
             whom
             ,
             I
             cannot
             fix
             it
             upon
             any
             particular
             pe●son
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             not
             debated
             by
             what
             warrant
             they
             should
             derive
             power
             to
             themselves
             to
             send
             this
             Commission
             ?
          
        
         
           
             Adams
             .
          
           
             There
             was
             such
             language
             ,
             but
             by
             whom
             ,
             I
             cannot
             say
             ,
             I
             thinke
             by
             
               William
               Drake
            
             ▪
             It
             was
             because
             the
             King
             had
             writ
             this
             letter
             ,
             wherein
             he
             desired
             there
             should
             be
             such
             instructions
             ;
             there
             was
             something
             spoken
             of
             the
             secluded
             members
             ,
             but
             by
             whom
             ,
             I
             do
             not
             know
             ;
             there
             was
             a
             Proposition
             whether
             the
             authority
             should
             be
             taken
             from
             the
             secluded
             Members
             ,
             or
             from
             some
             other
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             Mr.
             Love
             then
             say
             ,
             Come
             ,
             let
             it
             go
             on
             .
          
        
         
           
             Ad.
             
          
           
             I
             dare
             not
             say
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             not
             propounded
             at
             the
             meeting
             to
             write
             to
             the
             Queen
             ,
             and
             to
             Jermine
             ,
             and
             Piercy
             ,
             for
             them
             to
             mediate
             with
             the
             King
             to
             agree
             with
             the
             Scots
             .
          
        
         
           Adams's
           Examination
           was
           here
           againe
           read
           .
        
         
           
             Adams
             .
          
           
             My
             Lord
             ,
             So
             much
             of
             this
             ,
             as
             I
             think
             to
             be
             true
             ,
             I
             shall
             own
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             a
             letter
             writ
             from
             Piercy
             ,
             that
             a
             considerable
             summe
             of
             money
             was
             fit
             to
             be
             sent
             to
             the
             King
             ,
             and
             what
             answer
             was
             given
             ;
             was
             it
             not
             to
             be
             done
             till
             the
             King
             and
             Scots
             should
             agree
             ,
             and
             then
             to
             raise
             the
             money
             ?
          
        
         
           
             Adams
             .
          
           
             That
             there
             was
             such
             a
             letter
             writ
             ,
             I
             must
             needs
             acknowledge
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Where
             〈◊〉
             it
             read
             ?
             at
             Mr.
             Love's
             house
             ?
          
        
         
           
             Adams
             .
          
           
             No
             certainly
             ,
             I
             onely
             saw
             it
             in
             Mason's
             own
             〈◊〉
             ,
             and
             I
             remember
             he
             shewed
             it
             me
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Next
             ask
             him
             whether
             there
             was
             not
             a
             letter
             written
             about
             August
             last
             to
             some
             here
             ,
             that
             Massey
             had
             back
             friends
             in
             Scotland
             ,
             complaining
             he
             could
             not
             be
             promoted
             there
             ?
          
        
         
           
             Adams
             .
          
           
             I
             did
             understand
             there
             was
             such
             a
             letter
             ,
             but
             by
             what
             way
             ,
             I
             do
             not
             know
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Was
             not
             the
             letter
             communicated
             at
             M.
             Loves
             house
             ,
             and
             were
             not
             you
             present
             when
             this
             letter
             was
             read
             at
             Mr.
             Loves
             house
             ,
             wherein
             Massey
             complained
             he
             had
             back
             friends
             in
             Scotland
             ?
          
        
         
           
             Ad.
             
          
           
             No
             certainly
             ,
             that
             letter
             ▪
             was
             not
             to
             my
             remembrance
             read
             there
             ,
             I
             heard
             of
             such
             a
             letter
             ,
             but
             saw
             it
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             whether
             he
             was
             not
             appointed
             to
             draw
             up
             some
             letters
             .
          
        
         
           
             Ad.
             
          
           
             There
             were
             some
             I
             should
             have
             had
             a
             hand
             in
             drawing
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             were
             appointed
             with
             you
             .
          
        
         
           
             Ad.
             
          
           
             As
             I
             remember
             ,
             Captain
             Potter
             ,
             Captain
             Massey
             ,
             and
             M●
             .
             Gibbons
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             was
             there
             no
             meeting
             upon
             it
             ,
             was
             
               M.
               Love
            
             named
             ?
          
        
         
           
             Adams
             .
          
           
             Mr.
             Love
             was
             not
             named
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             one
             Sterks
             a
             Scotch
             Agent
             here
             ,
             that
             kept
             intelligence
             from
             Scotland
             ?
          
        
         
           
             Adams
             .
          
           
             I
             know
             ,
             there
             was
             such
             a
             one
             ,
             we
             took
             to
             be
             an
             Agent
             here
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             he
             meet
             at
             your
             meetings
             ?
          
        
         
           
             Ad.
             
          
           
             Yes
             ,
             he
             did
             meet
             sometimes
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             he
             at
             
               Mr.
               Loves
            
             house
             at
             any
             time
             ?
          
        
         
           
             Ad.
             
          
           
             That
             he
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             When
             the
             Act
             came
             forth
             for
             banishing
             the
             Scots
             ,
             was
             there
             not
             a
             collection
             for
             his
             charges
             ,
             and
             were
             not
             you
             at
             
               M.
               Loves
            
             house
             when
             it
             was
             agreed
             to
             ?
          
        
         
           
             Adams
             .
          
           
             I
             was
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             you
             contribute
             money
             ?
          
        
         
           
             Adams
             .
          
           
             I
             did
             contribute
             10
             or
             12s
             .
             I
             cannot
             tell
             which
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             discourse
             upon
             Dunbar
             fight
             was
             there
             from
             this
             person
             that
             is
             already
             spoken
             of
             ?
          
        
         
           
             Adams
             .
          
           
             This
             is
             the
             thing
             ,
             if
             you
             please
             to
             help
             my
             memory
             ;
             for
             there
             were
             so
             many
             particulars
             in
             this
             correspondency
             ,
             that
             I
             cannot
             tell
             whereabouts
             it
             is
             I
             am
             to
             speak
             to
             ,
             I
             am
             very
             uncertain
             where
             abouts
             it
             is
             a
             Im
             to
             speak
             to
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Speak
             the
             certainty
             as
             it
             was
             in
             your
             breast
             .
          
        
         
           
             Ad.
             
          
           
             My
             Lord
             ,
             if
             it
             be
             doubtfull
             to
             me
             ,
             how
             can
             I
             be
             certaine
             ,
             and
             charge
             it
             upon
             my
             memory
             ?
          
        
         
           
             L.
             Pres
             .
          
           
             Speak
             the
             truth
             ?
          
        
         
           
             Adams
             .
          
           
             I
             will
             speak
             the
             truth
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             so
             then
             ?
          
        
         
           Here
           again
           Adams
           looks
           upon
           his
           Examinations
           .
        
         
           
             Adams
             .
          
           
             There
             is
             some
             of
             it
             I
             did
             set
             down
             ,
             that
             I
             dare
             not
             own
             upon
             my
             oath
             ,
             I
             then
             did
             deliver
             it
             so
             when
             I
             set
             it
             down
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             Did
             Mr.
             Love
             know
             that
             this
             Scotch
             man
             was
             the
             Scotch
             Agent
             ?
             did
             you
             not
             take
             notice
             that
             
               Mr.
               Love
            
             took
             notice
             of
             him
             ?
          
        
         
           
             Adams
             .
          
           
             I
             do
             think
             he
             did
             ,
             as
             farre
             as
             I
             understand
             ,
             he
             did
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             Mr.
             Love
             generally
             tell
             you
             the
             cause
             of
             the
             meetings
             ?
          
        
         
           
             Adams
             .
          
           
             No
             Sir.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             you
             not
             hear
             Mr.
             Love
             say
             ,
             that
             this
             Sterks
             was
             the
             Scotch
             Agent
             ?
          
        
         
           
             Adam
             .
          
           
             I
             never
             heard
             Mr.
             Love
             say
             so
             ,
             but
             I
             knew
             this
             ,
             that
             by
             our
             usuall
             meetings
             Mr.
             Love
             did
             understand
             him
             as
             I
             did
             ,
             to
             be
             the
             Scotch
             Agent
             .
          
        
         
           
             Att
             Gen.
             
          
           
             How
             often
             did
             you
             meet
             at
             Mr.
             Loves
             house
             ?
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             tell
             ,
             it
             may
             be
             seven
             ,
             or
             eight
             ,
             or
             ten
             times
             ;
             an
             uncertain
             time
             .
          
        
         
           
             At.
             Gen.
             
          
           
             He
             was
             at
             Mr.
             Loves
             study
             ?
          
        
         
           
             Adams
             .
          
           
             Whether
             so
             many
             times
             ,
             I
             know
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             whether
             it
             was
             not
             at
             Mr.
             Loves
             study
             when
             mony
             was
             propounded
             to
             be
             raised
             for
             Massey
             ,
             and
             Titus
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             that
             in
             Mr.
             Loves
             study
             ?
          
        
         
           
             Ad.
             
          
           
             I
             cannot
             tell
             ▪
             whether
             it
             was
             in
             his
             study
             ,
             or
             in
             the
             lower
             room
             ,
             I
             am
             apt
             to
             believe
             it
             was
             in
             the
             lower
             room
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             Mr.
             Love
             there
             ?
          
        
         
           
             Adams
             .
          
           
             Certainly
             ,
             he
             was
             there
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             was
             the
             contents
             of
             the
             letter
             ?
          
        
         
           
             Adams
             .
          
           
             The
             contents
             of
             the
             letter
             I
             cannot
             remember
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Whether
             did
             it
             not
             declare
             the
             poverty
             of
             his
             condition
             ?
             And
             was
             it
             not
             after
             Dunbar
             fight
             ?
          
        
         
           
             Adams
             .
          
           
             Yes
             ,
             it
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             this
             letter
             from
             Massey
             ,
             read
             at
             Master
             Loves
             house
             ,
             was
             this
             for
             money
             ?
          
        
         
           
             Ad.
             
          
           
             It
             was
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             it
             agreed
             for
             money
             to
             bee
             raised
             ?
          
        
         
           
             Adams
             .
          
           
             If
             you
             take
             the
             word
             agreed
             ,
             as
             I
             formerly
             propounded
             ,
             it
             was
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             How
             was
             the
             money
             to
             be
             raised
             ,
             and
             in
             what
             manner
             ?
          
        
         
           
             Adams
             .
          
           
             It
             was
             by
             those
             that
             were
             privy
             to
             the
             contribution
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             not
             Mr.
             Love
             there
             ,
             and
             did
             not
             he
             write
             down
             the
             sums
             that
             were
             to
             be
             contributed
             ?
          
        
         
           
             Adams
             .
          
           
             This
             I
             must
             needs
             say
             ,
             that
             Master
             Love
             had
             papers
             in
             his
             hand
             ,
             and
             hee
             did
             write
             something
             ,
             but
             I
             did
             not
             see
             what
             he
             did
             write
             ,
             and
             every
             man
             did
             write
             that
             was
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             you
             conceive
             so
             ,
             that
             Mr.
             Love
             summed
             up
             every
             mans
             sum
             ?
             did
             he
             put
             the
             letters
             of
             their
             names
             before
             them
             ,
             when
             he
             writ
             the
             sums
             ?
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             say
             that
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             not
             there
             a
             letter
             penn'd
             by
             Master
             Love
             ,
             and
             Doctor
             Drake
             ?
          
        
         
           
             Ad.
             
          
           
             To
             that
             question
             ,
             I
             must
             say
             there
             was
             a
             letter
             ,
             but
             I
             cannot
             deliver
             it
             upon
             my
             oath
             that
             it
             was
             penn'd
             by
             Master
             Love
             ,
             or
             Doctor
             Drake
             ,
             but
             it
             was
             taken
             to
             be
             so
             ,
             and
             I
             thought
             it
             was
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             To
             whom
             was
             that
             letter
             directed
             ?
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             tell
             to
             whom
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             To
             whom
             was
             it
             declared
             to
             be
             directed
             ?
             to
             whom
             was
             it
             declared
             to
             be
             written
             ?
          
        
         
           
             Adams
             .
          
           
             To
             the
             Generall
             Assembly
             and
             Kirk
             of
             Scotland
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             this
             at
             Mr.
             Loves
             house
             too
             ?
          
        
         
           
             Adams
             .
          
           
             It
             was
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             
               Mr.
               Love
            
             present
             ,
             and
             did
             approve
             of
             it
             ?
          
        
         
           
             Adams
             .
          
           
             Mr.
             Love
             was
             present
             at
             some
             time
             of
             this
             meeting
             :
             the
             reason
             why
             I
             thought
             it
             to
             be
             of
             Master
             Loves
             ,
             or
             Doctor
             Drakes
             drawing
             ,
             was
             nothing
             but
             meerly
             the
             language
             of
             it
             ,
             it
             being
             in
             order
             to
             promote
             the
             ends
             of
             the
             Covenant
             ,
             and
             all
             the
             whole
             language
             was
             couched
             to
             that
             purpose
             ,
             and
             taking
             notice
             of
             the
             want
             of
             respect
             to
             Massey
             ,
             and
             the
             English
             ,
             and
             of
             their
             being
             beaten
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             This
             is
             very
             high
             ;
             for
             he
             tels
             you
             this
             letter
             was
             approved
             of
             ,
             and
             directed
             to
             be
             sent
             ,
             and
             this
             was
             after
             Dunbar
             fight
             ,
             after
             we
             were
             ingaged
             in
             bloud
             .
          
        
         
           Here
           Adams
           read
           out
           of
           his
           Examination
           ,
           as
           followeth
           :
        
         
           
             Adams
             .
          
           
             There
             was
             also
             a
             large
             letter
             in
             the
             nature
             of
             a
             Declaration
             penn'd
             by
             Master
             Love
             ,
             and
             Doctor
             Drake
             ,
             and
             approved
             of
             by
             most
             of
             the
             Presbyterian
             party
             ,
             Ministers
             ,
             and
             other
             ,
             and
             directed
             to
             the
             Generall
             Assembly
             ,
             and
             Kirk
             of
             Scotland
             ,
             subscribed
             by
             none
             ,
             which
             contained
             the
             substance
             of
             what
             was
             declared
             by
             Titus
             ,
             and
             Massey
             ,
             but
             durst
             not
             promise
             any
             great
             sums
             of
             money
             till
             they
             appeared
             more
             considerable
             ,
             and
             grew
             nearer
             action
             ;
             the
             businesse
             required
             higher
             spirits
             then
             was
             for
             the
             present
             ,
             and
             the
             businesse
             required
             a
             considerable
             summe
             :
             but
             to
             leave
             no
             means
             un-attempted
             when
             the
             businesse
             was
             seasable
             .
             
               So
               far
               he
               reads
               .
            
          
        
         
           
             Att.
             Gen.
             
          
           
             Major
             Adams
             is
             now
             upon
             his
             oath
             to
             tell
             you
             .
          
        
         
           
             Adams
             .
          
           
             My
             Lord
             ,
             As
             well
             as
             I
             remember
             ,
             it
             did
             put
             forth
             much
             after
             this
             sort
             ,
             but
             I
             cannot
             swear
             it
             in
             these
             words
             ,
             but
             that
             is
             the
             substance
             of
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             not
             this
             agreed
             and
             declared
             at
             
               Mr.
               Loves
            
             house
             ,
             that
             such
             a
             letter
             should
             be
             written
             to
             the
             Honourable
             Committee
             ,
             and
             to
             the
             Kirk
             .
          
        
         
           
             Ad.
             
          
           
             I
             answer
             ,
             that
             after
             the
             same
             manner
             as
             all
             other
             things
             are
             agreed
             at
             such
             meetings
             as
             this
             is
             ,
             but
             I
             have
             no
             ground
             ,
             and
             do
             not
             know
             why
             I
             should
             say
             Master
             Love
             and
             Doctor
             Drake
             penn'd
             it
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             Ask
             him
             for
             the
             substance
             of
             the
             letter
             ,
             whether
             it
             were
             not
             as
             he
             hath
             told
             you
             ,
             and
             whether
             he
             did
             not
             say
             ,
             they
             could
             not
             promise
             a
             considerable
             sum
             of
             money
             .
          
        
         
           
             Adams
             .
          
           
             Certainly
             ,
             either
             in
             that
             letter
             ,
             or
             some
             other
             ,
             there
             was
             some
             such
             expressions
             .
          
        
         
           
             L.
             Pres
             .
          
           
             VVell
             ,
             it
             was
             about
             that
             time
             ,
             and
             in
             that
             letter
             ,
             or
             in
             some
             other
             letter
             ,
             and
             at
             M.
             Loves
             house
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             Ask
             him
             if
             there
             was
             not
             an
             Agent
             come
             from
             Scotland
             ,
             and
             a
             way
             laid
             at
             Kendall
             for
             a
             correspondency
             between
             these
             Gentlemen
             here
             ,
             and
             some
             of
             Scotland
             ,
             and
             whether
             one
             Groves
             was
             not
             sent
             thither
             ?
          
        
         
           
             Adams
             .
          
           
             That
             was
             something
             obscure
             ;
             that
             there
             was
             such
             a
             thing
             ,
             I
             do
             verily
             believe
             ,
             because
             it
             went
             amongst
             us
             for
             a
             truth
             ,
             but
             how
             to
             make
             it
             out
             for
             a
             truth
             upon
             my
             oath
             ,
             I
             cannot
             tell
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             
               Mr.
               Love
            
             know
             of
             it
             ?
          
        
         
           
             Adams
             .
          
           
             I
             do
             not
             know
             .
          
        
         
           
             Att
             Gen.
             
          
           
             Ask
             him
             what
             he
             knows
             concerning
             Colonel
             Bamfield's
             man
             coming
             hither
             ?
          
        
         
           
             Adams
             .
          
           
             Concerning
             that
             I
             know
             nothing
             ,
             but
             I
             confesse
             I
             had
             some
             Item
             ,
             that
             at
             that
             time
             there
             was
             something
             found
             ;
             and
             this
             is
             all
             I
             can
             say
             to
             that
             ,
             I
             cannot
             guesse
             the
             time
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             after
             the
             fight
             at
             Dunbar
             ?
          
        
         
           
             Adams
             .
          
           
             Yes
             ,
             that
             it
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Were
             the
             meetings
             at
             
               Mr.
               Loves
            
             house
             ?
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             say
             all
             ,
             but
             all
             that
             I
             know
             of
             ,
             were
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Ask
             whether
             upon
             the
             large
             letter
             ,
             Massey
             did
             not
             write
             that
             things
             were
             well
             setled
             in
             Scotland
             ?
          
        
         
           
             Adams
             .
          
           
             Many
             of
             these
             things
             were
             understood
             so
             ,
             and
             taken
             for
             granted
             amongst
             us
             ,
             but
             I
             can
             say
             no
             otherwise
             ,
             I
             thought
             it
             to
             be
             so
             ;
             but
             I
             know
             not
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Were
             you
             not
             present
             ,
             or
             at
             
               Mr.
               Loves
            
             house
             ,
             when
             these
             letters
             were
             read
             ,
             that
             they
             were
             in
             a
             hopefull
             condition
             ?
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             say
             so
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             can
             you
             say
             ?
          
        
         
           
             Adams
             .
          
           
             As
             before
             .
             That
             it
             went
             for
             a
             truth
             amongst
             us
             ,
             and
             that
             is
             as
             much
             as
             I
             can
             say
             to
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             a
             large
             letter
             inviting
             your
             friends
             to
             union
             ?
          
        
         
           
             Adams
             .
          
           
             I
             understand
             the
             other
             letter
             to
             be
             this
             you
             propound
             to
             me
             now
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Now
             we
             speak
             of
             a
             letter
             from
             Alderman
             Bunce
             ,
             and
             others
             ?
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             speak
             particularly
             to
             that
             ;
             for
             I
             did
             not
             see
             them
             ,
             but
             they
             were
             told
             me
             by
             one
             or
             other
             of
             those
             that
             were
             of
             the
             correspondency
             ,
             and
             this
             is
             all
             I
             can
             say
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             is
             the
             truth
             ?
             Doe
             you
             conceive
             it
             is
             so
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             we
             shall
             not
             trouble
             him
             with
             that
             ,
             my
             Lord.
             Ask
             him
             one
             question
             more
             ,
             What
             did
             
               Mr.
               Love
            
             tell
             you
             ,
             that
             if
             the
             Presbyterians
             got
             the
             upper
             hand
             again
             ?
          
        
         
           
             Adams·
             
          
           
             Those
             words
             ,
             I
             think
             ,
             did
             but
             amount
             to
             this
             ,
             that
             if
             the
             Presbyterians
             were
             in
             armes
             again
             ,
             by
             the
             blessing
             of
             God
             ,
             the
             Cavaliering
             party
             might
             be
             prevented
             from
             getting
             the
             day
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Who
             do
             you
             mean
             by
             the
             Correspondents
             ?
          
        
         
           
             Adams
             .
          
           
             By
             correspondents
             I
             mean
             
               Alford
               ,
               Potter
               ,
               Far
            
             ,
             &c.
             
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             not
             Mr.
             Love
             one
             of
             them
             ?
          
        
         
           
             Adams
             .
          
           
             I
             took
             him
             to
             be
             so
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             Love.
             
          
           
             My
             Lord
             ,
             I
             pray
             ask
             him
             ,
             whether
             any
             of
             these
             pretended
             or
             supposed
             letters
             ,
             were
             ever
             received
             by
             me
             ,
             any
             one
             of
             them
             ,
             or
             that
             I
             writ
             one
             of
             them
             ,
             or
             mended
             one
             of
             them
             .
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             say
             that
             ever
             I
             saw
             him
             do
             any
             such
             thing
             ,
             nor
             did
             I
             ever
             see
             him
             write
             any
             .
          
        
         
           
             L.
             Pres
             .
          
           
             But
             you
             saw
             the
             letters
             there
             ?
          
        
         
           
             Adams
             .
          
           
             That
             I
             have
             said
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Ask
             him
             whether
             I
             gave
             my
             consent
             to
             the
             sending
             away
             of
             this
             he
             calls
             a
             commission
             ,
             and
             instructions
             ,
             about
             the
             time
             of
             the
             Treaty
             at
             Bredah
             .
          
        
         
           
             Adams
             .
          
           
             No
             ,
             I
             will
             not
             swear
             that
             ,
             and
             upon
             my
             oath
             I
             cannot
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Will
             you
             not
             ,
             I
             will
             presse
             you
             to
             nothing
             ,
             you
             said
             even
             now
             ,
             you
             did
             not
             know
             he
             did
             send
             them
             away
             ,
             but
             you
             did
             say
             ,
             he
             was
             privy
             to
             them
             ,
             and
             to
             the
             debates
             of
             them
             :
             did
             he
             declare
             any
             dissent
             ?
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             say
             that
             .
          
        
         
           
             M.
             Love.
             
          
           
             Will
             you
             ask
             him
             this
             question
             ?
             Whether
             he
             read
             the
             letters
             that
             he
             pretends
             were
             sent
             into
             England
             ,
             or
             Scotland
             ,
             or
             whether
             he
             heard
             them
             read
             ?
          
        
         
           
             L.
             Pres
             .
          
           
             That
             he
             swears
             ?
          
        
         
           
             Adams
             .
          
           
             I
             did
             not
             swear
             that
             these
             were
             the
             contents
             of
             them
             exactly
             .
             I
             was
             there
             when
             these
             letters
             were
             read
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             He
             onely
             heard
             them
             read
             .
          
        
         
           
             L.
             Pres
             .
          
           
             If
             there
             were
             halfe
             a
             score
             that
             had
             correspondency
             ,
             and
             received
             letters
             ,
             and
             come
             together
             ,
             and
             one
             of
             the
             most
             confiding
             men
             read
             them
             ,
             will
             any
             man
             say
             ,
             that
             he
             will
             not
             believe
             these
             were
             right
             read
             ,
             such
             a
             hear-say
             as
             this
             ,
             is
             such
             a
             hear-say
             as
             you
             may
             take
             notice
             of
             .
          
        
         
           
             M.
             Love.
             
          
           
             But
             let
             him
             prove
             how
             it
             was
             a
             correspondency
             on
             my
             part
             .
          
        
         
           
             Adams
             .
          
           
             I
             did
             not
             say
             that
             
               Mr.
               Love
            
             was
             one
             of
             the
             Correspondents
             ,
             I
             deny
             that
             I
             said
             so
             ,
             I
             said
             I
             conceived
             him
             to
             be
             so
             ,
             but
             that
             is
             not
             ,
             that
             he
             was
             so
             .
          
        
         
           
             L.
             Pres
             .
          
           
             They
             did
             debate
             together
             ,
             and
             met
             together
             ,
             and
             received
             instructions
             ,
             and
             therefore
             he
             may
             very
             aptly
             conceive
             he
             was
             a
             Correspondent
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             Doth
             he
             swear
             that
             J
             assented
             ?
          
        
         
           
             Adams
             .
          
           
             J
             did
             not
             swear
             so
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             He
             saith
             ,
             money
             was
             sent
             to
             Titus
             ,
             pray
             ask
             him
             whether
             by
             Agents
             J
             imployed
             ?
          
        
         
           
           
             Adams
             .
          
           
             I
             cannot
             say
             so
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Here
             is
             no
             proof
             at
             all
             ,
             that
             ever
             I
             received
             Letter
             ,
             or
             Writ
             or
             sent
             any
             Letter
             :
             Pray
             ask
             him
             if
             I
             knew
             before
             they
             came
             to
             my
             house
             ,
             that
             they
             would
             bring
             such
             letters
             with
             them
             .
             Do
             you
             swear
             that
             I
             was
             present
             in
             the
             room
             at
             the
             time
             that
             the
             letters
             after
             the
             defeat
             at
             Dunbar
             were
             sent
             ,
             wherein
             there
             was
             ,
             as
             you
             say
             ,
             a
             promise
             of
             assistance
             ?
          
        
         
           
             Adams
             .
          
           
             You
             were
             there
             some
             part
             of
             the
             while
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Ask
             him
             whether
             he
             was
             not
             threatned
             with
             death
             ,
             in
             case
             he
             would
             not
             ,
             and
             promised
             favour
             in
             case
             he
             would
             bring
             in
             evidence
             against
             me
             .
          
        
         
           
             Adams
             .
          
           
             I
             cannot
             say
             I
             was
             threatned
             with
             death
             to
             that
             end
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             shall
             bring
             a
             witnesse
             that
             shall
             prove
             from
             his
             own
             mouth
             ,
             that
             he
             hath
             confest
             ,
             if
             hee
             did
             not
             bring
             in
             evidence
             against
             me
             ,
             he
             should
             be
             hanged
             .
          
        
         
           
             Adams
             .
          
           
             It
             is
             true
             ,
             Percival
             did
             come
             to
             me
             ,
             and
             I
             did
             say
             to
             him
             ,
             that
             upon
             my
             examination
             ,
             I
             did
             say
             ,
             if
             I
             were
             not
             ingenuous
             ,
             I
             was
             threatned
             to
             be
             hanged
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             When
             a
             man
             is
             a
             Traytour
             and
             doth
             confesse
             ,
             he
             deserves
             mercy
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Ask
             him
             whether
             he
             hath
             not
             received
             money
             to
             give
             in
             this
             information
             against
             me
             .
          
        
         
           
             Adams
             .
          
           
             I
             have
             not
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Did
             not
             some
             messenger
             come
             to
             you
             ,
             some
             months
             since
             ,
             from
             some
             members
             of
             the
             Councell
             of
             State
             ,
             and
             told
             you
             ,
             you
             were
             poor
             ,
             and
             should
             be
             ruined
             if
             you
             did
             not
             confesse
             it
             ?
             he
             had
             three
             messengers
             sent
             unto
             him
             from
             the
             Councell
             of
             State
             ,
             or
             some
             of
             them
             ,
             that
             told
             him
             ,
             if
             he
             would
             not
             confesse
             he
             should
             be
             ruined
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             you
             receive
             money
             ,
             or
             were
             there
             promises
             made
             to
             you
             to
             testifie
             against
             
               Mr.
               Love
            
             ?
          
        
         
           
             Adams
             .
          
           
             Upon
             my
             oath
             I
             did
             not
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Hath
             he
             never
             come
             to
             
               Mr.
               Scots
            
             chamber
             ?
             did
             he
             not
             come
             a
             month
             before
             I
             was
             committed
             ,
             being
             brought
             there
             by
             Major
             Cobbet
             ;
             and
             whether
             he
             hath
             not
             received
             money
             from
             Major
             
               Cobbet
               .
               I
            
             desire
             that
             Major
             Cobbet
             may
             be
             called
             upon
             his
             oath
             ,
             to
             know
             whether
             he
             hath
             not
             given
             him
             money
             to
             bring
             in
             information
             against
             me
             ;
             for
             he
             hath
             taken
             notice
             of
             all
             Fasts
             ,
             and
             of
             all
             things
             done
             ,
             and
             hath
             brought
             all
             to
             
               Mr.
               Scot
            
             :
             I
             know
             ,
             by
             information
             ,
             that
             this
             Adams
             is
             a
             hired
             witnesse
             .
             Sir
             ,
             this
             man
             is
             a
             Tobiah
             and
             a
             Sa●ballat
             ;
             some
             men
             have
             hired
             this
             man
             against
             me
             .
             I
             desire
             Major
             Cobbet
             may
             be
             called
             .
          
        
         
           
             L.
             Pres
             .
          
           
             He
             did
             ,
             and
             might
             do
             it
             ;
             but
             did
             he
             it
             to
             testifie
             against
             
               Mr.
               Love
            
             ?
             I
             hope
             a
             State
             that
             watches
             the
             Nation
             ,
             may
             watch
             for
             the
             safety
             of
             a
             Nation
             .
          
        
         
           Mr.
           Cobbet
           
             a
             Major
             of
             the
             Army
             is
             called
             into
             the
             Court
             and
             is
             sworn
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Pray
             ask
             him
             whether
             he
             hath
             not
             at
             any
             time
             within
             this
             three
             months
             ,
             given
             any
             money
             to
             Major
             Adams
             ,
             to
             acquaint
             Mr.
             Scot
             or
             the
             Councell
             of
             State
             with
             this
             designe
             ,
             as
             't
             is
             called
             .
          
        
         
           
             Maj.
             Cobb
             .
          
           
             My
             Lord
             ,
             I
             must
             ,
             and
             do
             deny
             that
             which
             this
             Gentleman
             doth
             aver
             ,
             and
             truly
             I
             wonder
             at
             his
             boldnesse
             in
             the
             presence
             of
             this
             Honourable
             Court
             ;
             I
             do
             know
             Major
             Adams
             ,
             and
             have
             known
             him
             a
             long
             while
             ,
             and
             commiserating
             him
             as
             being
             a
             prisoner
             ,
             I
             lent
             him
             ten
             pounds
             ,
             but
             for
             no
             consideration
             that
             he
             should
             betray
             Mr.
             Love
             ,
             or
             any
             man
             :
             I
             paid
             the
             money
             to
             his
             wife
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             He
             paid
             it
             ,
             be
             saith
             ,
             how
             then
             did
             he
             lend
             it
             ?
             and
             he
             paid
             it
             to
             his
             wife
             ,
             that
             was
             to
             cover
             the
             bribery
             ;
             but
             did
             not
             you
             discover
             to
             this
             man
             ,
             if
             he
             would
             reveal
             it
             to
             Mr.
             Scot
             ,
             what
             recompence
             he
             should
             have
             of
             him
             ?
             Did
             not
             you
             walking
             in
             the
             fields
             with
             him
             ,
             desire
             him
             to
             reveal
             what
             he
             knew
             ,
             and
             promised
             him
             if
             he
             did
             ,
             he
             should
             be
             a
             man
             preferr'd
             .
          
        
         
           
             Maj.
             Cobbet
             .
          
           
             I
             have
             been
             acquainted
             with
             Major
             Adams
             this
             four
             or
             five
             years
             ,
             and
             met
             with
             him
             in
             the
             behalf
             of
             the
             Presbyters
             ;
             understanding
             there
             was
             something
             was
             driven
             on
             dangerous
             to
             the
             Common-wealth
             :
             and
             I
             thought
             I
             was
             bound
             in
             duty
             to
             requite
             them
             ,
             if
             it
             were
             possible
             ,
             for
             their
             pains
             of
             discovery
             ;
             and
             I
             laboured
             with
             him
             that
             he
             would
             deal
             so
             honestly
             with
             himself
             ,
             and
             the
             Common-wealth
             ,
             as
             to
             let
             the
             Common-wealth
             know
             ,
             what
             he
             did
             know
             of
             this
             designe
             :
             accordingly
             he
             gave
             me
             some
             notice
             ;
             and
             I
             said
             to
             him
             ,
             Major
             Adams
             ,
             If
             I
             find
             you
             ingenuous
             ,
             if
             there
             be
             any
             thing
             that
             I
             can
             do
             for
             you
             ,
             I
             shall
             be
             ready
             to
             serve
             you
             by
             night
             and
             by
             day
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             It
             appears
             then
             that
             the
             ten
             pounds
             was
             not
             ●ent
             to
             Major
             Adams
             ,
             but
             was
             paid
             him
             for
             his
             discovery
             ;
             so
             that
             't
             is
             clear
             he
             is
             a
             hired
             witnesse
             ;
             and
             have
             you
             not
             brought
             him
             to
             Mr.
             Scots
             chamber
             with
             promises
             of
             preferment
             ?
          
        
         
           No
           answer
           to
           that
           question
           .
        
         
           The
           Leiutenant
           of
           the
           Tower
           is
           commanded
           to
           withdraw
           his
           Prisoner
           ,
           and
           the
           Court
           adjourns
           till
           to
           morrow
           .
        
      
       
         
         
           The
           second
           dayes
           proceedings
           ,
           
             July
             the
             21.
             1651.
             
          
        
         
           
             The
             Court
             being
             sate
             ,
             Col.
          
           West
           
             Lieutenant
             of
             the
             Tower
             was
             commanded
             to
             bring
             forth
             his
             Prisoner
             ,
             and
             Mr.
          
           Love
           
             was
             brought
             to
             the
             Bar.
          
           
        
         
           MAster
           Jaquel
           
             was
             called
             into
             the
             Court
             ,
             and
             the
             Clerk
             tenderd
             him
             his
             oath
             ,
             And
          
           M.
           Jaquel
           
             spake
             to
             the
             Court
             to
             this
             purpose
             ,
          
        
         
           That
           there
           were
           many
           oaths
           abroad
           ,
           and
           he
           could
           not
           tell
           what
           to
           say
           to
           them
           ,
           and
           he
           desired
           to
           be
           excused
           .
           The
           L.
           Pres
           .
           told
           him
           that
           he
           could
           not
           be
           excused
           .
           
             M.
             Jaquel
          
           said
           ,
           he
           was
           a
           Prisoner
           accused
           of
           the
           same
           offences
           that
           M.
           Love
           was
           accused
           of
           ,
           and
           that
           he
           conceived
           he
           was
           not
           a
           competent
           witnesse
           against
           him
           :
           the
           Court
           again
           prest
           him
           to
           take
           his
           oath
           .
           
             Mr.
             Jaquel
          
           said
           ,
           that
           he
           durst
           not
           in
           conscience
           swear
           against
           
             Mr.
             Love
          
           ,
           and
           therefore
           desired
           it
           might
           not
           be
           prest
           upon
           him
           .
           The
           Court
           still
           presisted
           in
           it
           ,
           that
           he
           must
           take
           his
           oath
           ,
           and
           witnesse
           what
           he
           knew
           ;
           he
           answered
           ,
           hee
           would
           speak
           the
           truth
           of
           what
           he
           knew
           ,
           as
           well
           as
           if
           he
           was
           under
           an
           oath
           :
           The
           Court
           told
           him
           ,
           that
           that
           could
           not
           be
           ,
           for
           if
           he
           did
           not
           swear
           ,
           what
           he
           should
           say
           ,
           could
           not
           be
           received
           as
           any
           thing
           in
           matter
           of
           evidence
           .
           M.
           Jaquel
           still
           persisted
           in
           his
           refusall
           ;
           when
           the
           Court
           saw
           he
           could
           not
           be
           otherwise
           prevailed
           with
           ,
           they
           fined
           him
           five
           hundred
           pounds
           for
           refusing
           to
           swear
           ;
           and
           Mr.
           Jaquel
           after
           he
           was
           withdrawn
           out
           of
           the
           Court
           ,
           was
           called
           in
           again
           ,
           and
           prest
           to
           take
           his
           oath
           ,
           and
           was
           told
           that
           the
           Court
           had
           fined
           him
           five
           hundred
           pounds
           for
           refusing
           to
           swear
           ,
           and
           again
           asked
           him
           whether
           he
           would
           swear
           .
           M.
           Jaquel
           then
           ,
           when
           the
           oath
           was
           read
           to
           him
           ,
           did
           not
           swear
           in
           that
           manner
           as
           the
           other
           witnesses
           did
           ,
           but
           only
           put
           his
           hand
           to
           his
           buttons
           ,
           and
           when
           Mr.
           Love
           asked
           him
           whether
           he
           was
           under
           an
           oath
           ,
           he
           answered
           that
           he
           was
           as
           good
           as
           under
           an
           oath
           :
           but
           the
           Court
           not
           being
           satisfied
           with
           that
           answer
           ,
           prest
           him
           further
           ,
           and
           then
           hee
           did
           say
           ,
           he
           was
           sworn
           ,
           and
           was
           under
           an
           oath
           .
        
         
           
             L.
             Pres
             .
          
           
             Declare
             now
             what
             you
             know
             of
             this
             businesse
             .
          
        
         
           
             Mr.
             Jaquel
             .
          
           
             My
             Lord
             ,
             for
             the
             paper
             I
             was
             examined
             about
             ,
             as
             for
             knowing
             Titus
             ,
             I
             never
             saw
             him
             in
             my
             life
             but
             one
             quarter
             of
             an
             hour
             in
             a
             private
             house
             ,
             and
             I
             knew
             nothing
             of
             his
             businesse
             any
             where
             .
             For
             the
             other
             ,
             Alford
             coming
             over
             with
             letters
             ,
             I
             was
             at
             Mr.
             Loves
             house
             ,
             and
             when
             I
             was
             there
             ,
             there
             was
             severall
             men
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             In
             what
             part
             of
             Mr.
             Loves
             house
             .
          
        
         
           
             Jaquel
             .
          
           
             I
             conceive
             in
             his
             chamber
             ,
             for
             I
             went
             up
             to
             severall
             that
             were
             there
             ,
             whose
             names
             I
             can
             positively
             say
             ,
             for
             two
             or
             three
             of
             them
             ,
             though
             I
             cannot
             remember
             the
             other
             absolutely
             ,
             though
             I
             conceive
             most
             I
             have
             named
             in
             my
             examination
             were
             there
             ;
             
               C.
               Potter
            
             was
             there
             ,
             and
             Doctor
             Drake
             ,
             and
             M.
             Alford
             ,
             and
             M.
             Love
             was
             there
             somtimes
             ,
             though
             divers
             times
             he
             went
             out
             ,
             some
             coming
             to
             speak
             with
             him
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             a
             copy
             of
             a
             letter
             said
             to
             be
             sent
             from
             the
             King
             ,
             read
             there
             ?
          
        
         
           
             Mr.
             Jaquel
             .
          
           
             I
             remember
             no
             such
             thing
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             not
             a
             narrative
             .
          
        
         
           
             Jaquel
             .
          
           
             Yes
             ,
             from
             Titus
             ,
             wherein
             he
             declared
             the
             Kings
             inclinations
             to
             make
             peace
             with
             the
             Scots
             ;
             but
             that
             his
             wicked
             counsell
             about
             him
             did
             hinder
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             not
             this
             of
             what
             Titus
             had
             related
             from
             Jersey
             ,
             the
             narrative
             of
             what
             had
             past
             between
             him
             and
             the
             King
             there
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             think
             it
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             not
             M.
             Alford
             sent
             to
             receive
             an
             account
             from
             him
             to
             Calice
             ?
          
        
         
           
             Jaquel
             .
          
           
             
               William
               Drake
            
             did
             tell
             me
             so
             afterwards
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             M.
             Alford
             deliver
             no
             account
             there
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             think
             it
             was
             M.
             Alford
             read
             the
             narrative
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             he
             make
             no
             relation
             by
             word
             of
             mouth
             ?
          
        
         
           
             Jaquel
             .
          
           
             Truly
             ,
             I
             cannot
             remember
             .
          
        
         
           
             At.
             Gen.
             
          
           
             You
             cannot
             remember
             it
             was
             read
             ?
          
        
         
           
             Jaquel
             .
          
           
             Yes
             ,
             I
             am
             sure
             it
             was
             read
             ,
             and
             at
             Mr.
             Loves
             house
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             he
             was
             present
             sometimes
             .
          
        
         
           
             Jaquel
             .
          
           
             Yes
             ,
             sometimes
             .
          
        
         
           
             Att
             Gen.
             
          
           
             What
             mony
             was
             there
             agreed
             upon
             to
             be
             provided
             for
             Titus
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             know
             of
             none
             .
             It
             was
             moved
             by
             Captain
             Potter
             that
             there
             might
             be
             forty
             pounds
             ,
             but
             I
             know
             of
             none
             ,
             nor
             was
             it
             agreed
             by
             M
             ▪
             Love
             ,
             M.
             Drake
             or
             my self
             ,
             that
             we
             should
             lay
             down
             any
             at
             all
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             Did
             you
             not
             meet
             with
             
               William
               Drake
            
             ,
             and
             desire
             to
             go
             along
             with
             him
             to
             see
             Titus
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             did
             so
             ,
             but
             I
             think
             Drake
             desired
             it
             .
             I
             met
             him
             in
             Newgate
             market
             ,
             and
             ,
             saith
             he
             ,
             I
             am
             going
             to
             see
             Titus
             ,
             goe
             along
             with
             me
             ;
             I
             said
             ,
             I
             never
             saw
             him
             ,
             nor
             did
             I
             know
             him
             :
             sayes
             he
             ,
             You
             shall
             not
             stay
             at
             all
             :
             whereupon
             we
             went
             and
             found
             him
             in
             a
             Cheese-mongers
             house
             in
             New-gate
             market
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             discourse
             had
             you
             ?
          
        
         
           
             Jaquel
             .
          
           
             He
             said
             ,
             he
             was
             newly
             come
             out
             of
             Holland
             ,
             and
             he
             had
             been
             with
             the
             King
             ,
             and
             he
             was
             a
             man
             of
             excellent
             parts
             for
             his
             years
             ,
             and
             that
             he
             was
             inclinable
             to
             what
             was
             good
             ,
             but
             that
             he
             had
             such
             desperate
             evill
             Counsell
             about
             him
             ;
             and
             that
             hee
             did
             much
             pity
             him
             ,
             and
             that
             his
             Clergie
             especially
             was
             wicked
             ;
             and
             he
             propounded
             nothing
             to
             us
             ,
             nor
             did
             I
             ever
             see
             his
             face
             afterwards
             ,
             and
             this
             is
             about
             two
             years
             and
             a
             halfe
             ago
             ;
             and
             for
             any
             other
             meetings
             at
             the
             Swan
             Taverne
             ,
             or
             for
             any
             Agents
             ,
             I
             never
             met
             him
             ,
             or
             saw
             him
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Doe
             you
             not
             remember
             at
             any
             meeting
             ,
             that
             there
             was
             money
             propounded
             for
             Captaine
             Titus
             ,
             or
             for
             Alfords
             being
             sent
             over
             to
             Calice
             ?
             Speak
             what
             you
             know
             of
             that
             ,
             and
             by
             whom
             it
             was
             told
             you
             ?
          
        
         
           
             Iaquel
             .
          
           
             Major
             Alford
             himselfe
             told
             me
             he
             was
             to
             meet
             his
             son
             ,
             and
             he
             went
             over
             upon
             that
             score
             ;
             but
             after
             he
             was
             gone
             ,
             
               William
               Drake
            
             told
             me
             he
             was
             gone
             to
             see
             or
             meet
             Captaine
             Titus
             ,
             I
             am
             not
             certaine
             of
             the
             words
             ;
             and
             when
             he
             did
             come
             againe
             ,
             which
             was
             the
             next
             time
             I
             heard
             of
             him
             ,
             then
             
               William
               Drake
            
             comes
             to
             me
             ,
             and
             desired
             mee
             to
             goe
             along
             with
             him
             ,
             for
             I
             think
             he
             went
             up
             and
             down
             to
             every
             man.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             You
             thinke
             then
             that
             
               William
               Drake
            
             was
             the
             prime
             man.
             
          
        
         
           
             Iaquel
             .
          
           
             Yes
             ,
             hee
             was
             the
             Actor
             and
             the
             Agent
             that
             moved
             all
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             When
             Alford
             returned
             ,
             he
             desired
             you
             to
             go
             with
             him
             .
          
        
         
           
             Iaquel
             .
          
           
             To
             Mr.
             Loves
             house
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhat
             was
             done
             at
             
               Mr
               Loves
               house
            
             ?
          
        
         
           
             Iaquel
             .
          
           
             There
             were
             some
             papers
             read
             ,
             which
             Alford
             ,
             as
             I
             take
             it
             ,
             read
             ,
             or
             
               William
               Drake
            
             ,
             I
             am
             not
             certaine
             which
             ;
             but
             read
             it
             was
             ,
             of
             a
             relation
             ,
             that
             Titus
             came
             out
             of
             Iersy
             ,
             and
             had
             seen
             the
             King
             there
             ,
             and
             the
             Scots
             Commissioners
             ,
             and
             that
             the
             King
             had
             a
             great
             inclination
             to
             agree
             with
             the
             Scots
             Commissioners
             ,
             and
             that
             he
             was
             a
             man
             of
             excellent
             inclinations
             and
             parts
             ,
             and
             had
             a
             great
             desire
             to
             agree
             ,
             but
             his
             Counsell
             ,
             and
             wicked
             crew
             about
             him
             would
             not
             let
             him
             ;
             and
             he
             said
             ,
             as
             I
             remember
             ,
             that
             the
             King
             was
             a
             kind
             of
             a
             Prisoner
             with
             them
             there
             ,
             and
             said
             ,
             his
             Counsell
             did
             hinder
             him
             ,
             or
             else
             ,
             if
             he
             were
             from
             them
             ,
             hee
             would
             agree
             with
             the
             Scots
             Commissioners
             .
          
        
         
           
             At.
             Gen.
             
          
           
             You
             say
             ,
             this
             paper
             was
             read
             ;
             this
             Narrative
             was
             read
             ,
             and
             in
             M●
             .
             Loves
             house
             ;
             was
             not
             Mr.
             Love
             present
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             am
             not
             able
             to
             say
             hee
             was
             ,
             when
             I
             came
             in
             ,
             I
             remember
             he
             was
             not
             in
             the
             roome
             ,
             and
             he
             was
             there
             two
             or
             three
             times
             while
             I
             was
             there
             ,
             but
             he
             was
             severall
             times
             called
             out
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Doe
             not
             you
             know
             there
             was
             an
             agreement
             of
             a
             letter
             written
             back
             to
             Titus
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             can
             remember
             no
             such
             thing
             ,
             but
             I
             think
             
               William
               Drake
            
             told
             me
             so
             ,
             as
             I
             remember
             ,
             but
             that
             was
             two
             years
             ago
             ,
             I
             do
             verily
             believe
             by
             what
             I
             conceived
             ,
             was
             of
             his
             writing
             .
          
        
         
           
             L.
             Pres
             .
          
           
             I
             could
             wish
             that
             mens
             consciences
             could
             not
             bee
             scrupled
             to
             believe
             so
             much
             of
             a
             Minister
             ,
             more
             then
             of
             a
             Magistrate
             ;
             I
             hold
             it
             pernicious
             doctrine
             for
             any
             man
             to
             think
             he
             is
             bound
             more
             to
             obey
             the
             Minister
             ,
             then
             the
             Magistrate
             :
             I
             ask
             you
             then
             before
             the
             Magistrate
             here
             ,
             who
             was
             present
             at
             that
             meeting
             ?
          
        
         
           
             Iaquel
             .
          
           
             
               William
               Drake
            
             .
             I
             am
             sure
             ,
             and
             Major
             Alford
             was
             there
             ,
             and
             Captain
             Potter
             ,
             and
             severall
             others
             ,
             as
             I
             remember
             ,
             Master
             Ienkyns
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             This
             was
             in
             
               Mr.
               Loves
            
             house
             ,
             was
             it
             not
             in
             his
             study
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             cannot
             tell
             that
             ,
             I
             say
             ,
             as
             I
             conceive
             ,
             that
             Master
             Ienkyns
             ,
             and
             Master
             Case
             were
             there
             ,
             but
             positively
             I
             cannot
             say
             it
             ,
             and
             
               Mr.
               Iackson
            
             ,
             and
             
               Mr.
               Nalton
            
             ,
             I
             think
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhat
             say
             you
             of
             Mr.
             Watson
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             think
             he
             was
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             say
             you
             of
             Mr.
             Herring
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             think
             he
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhat
             say
             you
             of
             
               Mr.
               Cauton
            
             .
          
        
         
           
             Iaquel
             .
          
           
             In
             truth
             ,
             I
             cannot
             tell
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhat
             say
             you
             of
             
               Mr.
               Robinson
            
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             think
             he
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             say
             you
             of
             
               Mr.
               Drake
            
             ?
          
        
         
           
             Iaquel
             .
          
           
             Yes
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVas
             Colonell
             Vaughan
             there
             ?
          
        
         
           
             Iaquel
             .
          
           
             Yes
             ,
             I
             conceive
             he
             was
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             Master
             Iackson
             there
             ?
          
        
         
           
             Iaquel
             .
          
           
             Yes
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             Capt.
             Far
             ,
             and
             Capt.
             Potter
             there
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             believe
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             
               Mr.
               Gibbons
            
             there
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             cannot
             tell
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             say
             you
             of
             
               Mr.
               Sterks
            
             ?
          
        
         
           
             Iaquel
             .
          
           
             No
             Sir
             ,
             I
             do
             not
             know
             it
             .
          
        
         
           
             Att.
             
          
           
             Did
             you
             not
             know
             him
             to
             be
             the
             Scotch
             Agent
             ?
             Was
             he
             not
             taken
             among
             you
             to
             be
             an
             Agent
             from
             Scotland
             ?
          
        
         
           
             Iaquel
             .
          
           
             Yes
             ,
             he
             was
             a
             Scotch
             man.
             
          
        
         
           
           
             At.
             Gen.
             
          
           
             And
             for
             contribution
             of
             money
             ,
             what
             money
             did
             you
             pay
             ,
             and
             to
             whom
             ?
          
        
         
           
             Jaquel
             .
          
           
             Two
             five
             pounds
             to
             Mr.
             Drake
             .
          
        
         
           
             At.
             Gen.
             
          
           
             For
             what
             use
             ?
          
        
         
           
             Jaquel
             .
          
           
             For
             charitable
             uses
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Then
             he
             asked
             it
             of
             you
             so
             ,
             or
             for
             that
             purpose
             ;
             but
             afterwards
             ,
             What
             did
             you
             learn
             it
             was
             employed
             about
             ?
          
        
         
           
             Jaquel
             .
          
           
             Sir
             ,
             he
             did
             not
             tell
             me
             how
             he
             did
             employ
             this
             money
             ;
             but
             afterwards
             ,
             I
             heard
             him
             say
             ,
             that
             he
             had
             sent
             Titus
             money
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             did
             you
             contribute
             to
             Sterks
             his
             going
             into
             Scotland
             ?
          
        
         
           
             Jaquel
             .
          
           
             Ten
             shillings
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             who
             else
             did
             contribute
             ,
             that
             was
             there
             ?
             and
             how
             much
             was
             the
             sum
             that
             was
             collected
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             cannot
             tell
             .
          
        
         
           
             At.
             Gen.
             
          
           
             How
             much
             do
             you
             guess
             ,
             or
             have
             heard
             ?
          
        
         
           
             Jaquel
             .
          
           
             Four
             or
             five
             pounds
             ,
             I
             think
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Ask
             him
             who
             gave
             the
             Scotchmen
             money
             .
          
        
         
           
             Jaquel
             .
          
           
             Truly
             ,
             I
             did
             give
             several
             Scotchmen
             money
             ,
             both
             to
             poor
             Ministers
             and
             others
             ,
             that
             were
             banished
             by
             the
             Act
             ,
             because
             I
             knew
             they
             were
             very
             poor
             ,
             and
             knew
             not
             how
             to
             get
             away
             ;
             and
             I
             did
             it
             out
             of
             charity
             towards
             them
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Because
             the
             State
             had
             an
             ill
             opinion
             of
             them
             ,
             therefore
             ▪
             you
             had
             a
             good
             opinion
             of
             them
             .
          
        
         
           
             Jaquel
             .
          
           
             There
             was
             one
             Minister
             that
             had
             twelve
             children
             that
             was
             banished
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Were
             you
             at
             any
             meetings
             at
             Mr
             ▪
             Loves
             after
             Dunbar
             fight
             ?
          
        
         
           
             Jaquel
             .
          
           
             No
             not
             I.
             
          
        
         
           
             At.
             Gen.
             
          
           
             At
             what
             Fast
             were
             you
             at
             ,
             and
             who
             officiated
             at
             those
             Fasts
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             was
             at
             Major
             Adams
             ,
             and
             Colonel
             Bartons
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Who
             did
             exercise
             at
             those
             Fasts
             ?
             was
             Mr.
             Love
             ,
             Mr.
             Jenkyns
             ,
             Mr.
             Case
             ,
             any
             of
             them
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             believe
             they
             were
             ,
             I
             conceive
             so
             ,
             I
             profess
             I
             cannot
             remember
             ,
             I
             believe
             Mr.
             Jenkyns
             was
             there
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Was
             not
             Mr.
             Love
             one
             of
             them
             ?
          
        
         
           
             Jaquel
             .
          
           
             Yes
             ,
             he
             was
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             was
             the
             occasion
             of
             those
             Fasts
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             know
             no
             particular
             occasion
             ,
             but
             for
             the
             good
             of
             the
             two
             Nations
             .
          
        
         
           
             At.
             Gen.
             
          
           
             How
             do
             you
             know
             they
             were
             for
             the
             good
             of
             the
             two
             Nations
             ?
             was
             it
             not
             for
             an
             agreement
             between
             the
             King
             ,
             and
             the
             Scots
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             confess
             ,
             it
             was
             for
             the
             good
             of
             both
             Nations
             ,
             as
             both
             Nations
             are
             the
             Church
             of
             God
             ;
             and
             do
             both
             profess
             themselves
             Protestants
             ,
             and
             of
             one
             Religion
             ;
             and
             I
             conceived
             ,
             it
             was
             my
             duty
             to
             pray
             for
             the
             good
             of
             them
             both
             .
          
        
         
           
             At.
             Gen.
             
          
           
             But
             was
             there
             not
             some
             expressions
             for
             a
             blessing
             upon
             the
             Treaty
             at
             Breda
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             cannot
             remember
             such
             expressions
             ;
             for
             in
             such
             duties
             ,
             I
             desire
             to
             have
             my
             heart
             lifted
             up
             unto
             God
             :
             And
             ,
             my
             Lord
             ,
             it
             is
             a
             great
             while
             ago
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Will
             you
             say
             your
             heart
             is
             lifted
             up
             unto
             God
             ,
             when
             your
             understanding
             is
             in
             your
             heels
             ?
          
        
         
           
             Jaquel
             .
          
           
             My
             Lord
             ,
             I
             do
             not
             remember
             one
             passage
             in
             prayer
             a
             week
             after
             .
          
        
         
           
             At.
             Gen.
             
          
           
             That
             is
             in
             ordinary
             meetings
             ,
             but
             this
             was
             for
             both
             Nations
             ;
             but
             by
             what
             did
             you
             know
             ,
             that
             this
             was
             for
             the
             good
             of
             both
             Nations
             ,
             and
             why
             was
             it
             pretended
             to
             be
             for
             the
             good
             of
             both
             ?
             and
             ,
             my
             Lord
             ,
             why
             they
             should
             not
             meet
             before
             ,
             but
             just
             at
             that
             time
             ,
             and
             at
             a
             private
             Fast
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             think
             that
             since
             the
             Nations
             of
             England
             and
             Scotland
             were
             at
             oddes
             ,
             I
             have
             been
             at
             twenty
             Fasts
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             ,
             whether
             he
             were
             not
             late
             with
             Potter
             ,
             and
             did
             not
             meet
             with
             him
             about
             Letters
             from
             Bamfield
             ,
             and
             whither
             they
             went
             to
             read
             them
             ?
          
        
         
           
             Jaquel
             .
          
           
             This
             was
             about
             February
             or
             March
             last
             ,
             he
             told
             me
             he
             received
             Letters
             ,
             and
             desired
             me
             to
             go
             along
             with
             him
             to
             Mr.
             Loves
             ,
             and
             after
             Dr.
             Drake
             came
             in
             ,
             and
             then
             these
             Letters
             were
             read
             ;
             and
             I
             profess
             ,
             I
             know
             not
             from
             whence
             they
             came
             ,
             nor
             the
             man
             ;
             and
             so
             did
             Mr.
             Love
             declare
             ,
             That
             he
             never
             saw
             ,
             nor
             knew
             ,
             nor
             heard
             of
             Bamfield
             before
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             he
             not
             make
             mention
             of
             Parties
             in
             Scotland
             ,
             that
             one
             party
             was
             for
             the
             King
             ,
             another
             for
             the
             King
             and
             Kirk
             ,
             a
             third
             neither
             for
             King
             ,
             nor
             Kirk
             ?
          
        
         
           
             Jaquel
             .
          
           
             Yes
             .
          
        
         
           
             At.
             Gen.
             
          
           
             But
             who
             were
             those
             he
             named
             ,
             that
             were
             men
             for
             the
             King
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             think
             ,
             Hamilton
             and
             his
             party
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             who
             for
             the
             King
             and
             Kirk
             ?
          
        
         
           
             Jaquel
             .
          
           
             Argile
             and
             Leshley
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             who
             neither
             for
             King
             nor
             Kirk
             ?
          
        
         
           
             Jaquel
             .
          
           
             Straughan
             and
             Car.
             
          
        
         
           
             At.
             Gen.
             
          
           
             What
             ,
             did
             he
             tell
             you
             of
             the
             young
             Kings
             escaping
             ?
          
        
         
           
             Jaquel
             .
          
           
             Something
             there
             was
             in
             that
             ,
             but
             he
             was
             fetched
             back
             again
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             said
             he
             of
             Argile
             ?
          
        
         
           
             Jaquel
             .
          
           
             Nothing
             at
             all
             ,
             as
             I
             remember
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Was
             there
             not
             an
             expression
             ,
             That
             they
             were
             now
             agreed
             to
             receive
             in
             the
             whole
             Nation
             ,
             unless
             it
             were
             those
             that
             were
             notoriously
             ▪
             scandalous
             and
             excommunicated
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             believe
             there
             was
             .
          
        
         
           
           
             At.
             Gen.
             
          
           
             Did
             it
             not
             mention
             five
             thousand
             pounds
             for
             providing
             of
             shipping
             ?
          
        
         
           
             Jaquel
             .
          
           
             Yes
             ;
             in
             the
             Narrative
             or
             Letter
             ;
             whether
             there
             related
             at
             that
             time
             ,
             I
             know
             not
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             what
             mention
             was
             there
             made
             ,
             who
             were
             fit
             to
             command
             in
             England
             ,
             if
             that
             party
             should
             come
             from
             thence
             into
             England
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             conceive
             there
             was
             three
             Noblemen
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Name
             them
             .
          
        
         
           
             Jaquel
             .
          
           
             My
             Lord
             of
             Suffolk
             ,
             my
             Lord
             of
             Warwick
             ,
             and
             my
             Lord
             of
             Manchester
             ,
             or
             either
             of
             them
             .
          
        
         
           
             At.
             Gen.
             
          
           
             That
             was
             prepounded
             by
             Bamfield
             ,
             but
             I
             hope
             those
             Lords
             were
             more
             noble
             ,
             then
             to
             do
             any
             such
             thing
             :
             Was
             there
             not
             another
             Letter
             that
             came
             with
             that
             of
             Bamfields
             ,
             sent
             by
             my
             Lord
             of
             Argile
             ,
             and
             it
             was
             onely
             ,
             That
             there
             should
             be
             an
             apbrobation
             of
             him
             :
             And
             was
             this
             Letter
             likewise
             read
             at
             the
             same
             time
             ,
             and
             at
             the
             same
             place
             ?
          
        
         
           
             Jaquel
             .
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             At.
             Gen.
             
          
           
             What
             was
             then
             propounded
             for
             money
             to
             be
             raised
             for
             Bamfield
             ?
          
        
         
           
             Jaquel
             .
          
           
             Truly
             ,
             Captain
             Potter
             did
             make
             mention
             for
             Forty
             pounds
             to
             be
             raised
             ,
             Ten
             pounds
             for
             Colonel
             Bamfields
             man
             ,
             and
             thirty
             pounds
             for
             Bamfield
             himself
             ;
             but
             that
             business
             at
             the
             reading
             was
             wholly
             declined
             ,
             and
             absolutely
             refused
             by
             all
             ,
             to
             act
             any
             thing
             in
             that
             relation
             ,
             in
             which
             it
             was
             sent
             over
             ;
             whereupon
             ,
             Captain
             Potter
             did
             move
             ,
             that
             if
             nothing
             were
             done
             in
             that
             ,
             whether
             it
             were
             not
             convenient
             to
             send
             the
             Messenger
             something
             to
             bear
             his
             charges
             ;
             says
             he
             ,
             If
             you
             will
             pay
             the
             messenger
             Ten
             pounds
             ,
             and
             send
             Bamfield
             Thirty
             pounds
             ,
             I
             will
             give
             the
             messenger
             the
             Ten
             pounds
             ;
             but
             there
             was
             no
             Agreement
             ,
             not
             Conclusion
             ,
             I
             know
             of
             ,
             no
             Bill
             of
             Exchange
             that
             was
             sent
             ,
             but
             Captain
             Potter
             said
             ,
             he
             would
             lay
             down
             Ten
             pounds
             .
          
        
         
           
             At.
             Gen.
             
          
           
             But
             no
             body
             spake
             against
             Captain
             Potters
             laying
             down
             of
             Ten
             pounds
             ;
             and
             it
             was
             propounded
             to
             you
             to
             lend
             Ten
             pounds
             ,
             and
             you
             said
             you
             would
             consider
             of
             it
             ;
             but
             did
             Potter
             lend
             it
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             cannot
             tell
             that
             ,
             my
             Lord
             ,
             he
             said
             he
             would
             do
             it
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             let
             now
             Master
             Jaquel
             tell
             you
             what
             was
             the
             cause
             ,
             why
             they
             did
             refuse
             to
             do
             any
             thing
             in
             the
             Letter
             about
             Five
             thousand
             pounds
             ;
             what
             was
             the
             cause
             upon
             the
             debate
             between
             you
             at
             Mr.
             Loves
             house
             ?
             why
             you
             did
             refuse
             to
             do
             any
             thing
             about
             the
             Five
             thousand
             pounds
             ?
          
        
         
           
             Jaquel
             .
          
           
             The
             debate
             was
             soon
             over
             ;
             for
             we
             absolutely
             refused
             it
             ,
             we
             would
             not
             meddle
             in
             it
             ,
             not
             liking
             the
             business
             ;
             it
             was
             a
             trouble
             ,
             I
             am
             confident
             ,
             to
             them
             that
             heard
             it
             read
             .
          
        
         
           
             At.
             Gen.
             
          
           
             You
             do
             not
             remember
             ,
             that
             ever
             any
             body
             did
             acquaint
             the
             Magistrate
             with
             the
             design
             in
             working
             from
             Scotland
             ?
          
        
         
           
             Jaquel
             .
          
           
             No
             ,
             not
             I.
             
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             not
             some
             say
             ,
             That
             Bamfield
             was
             a
             malignant
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             cannot
             tell
             ,
             but
             I
             never
             heard
             of
             him
             before
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Were
             you
             not
             told
             he
             was
             a
             Cavalier
             ,
             and
             of
             the
             Kings
             side
             ,
             and
             that
             that
             was
             the
             true
             reason
             ,
             why
             they
             would
             not
             trust
             him
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             do
             not
             remember
             any
             such
             thing
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             
               Mr.
               Love
            
             agree
             for
             Ten
             pounds
             for
             Bamfields
             man
             ,
             and
             Thirty
             pounds
             for
             Bamfield
             ?
          
        
         
           
             Jaquel
             .
          
           
             No
             ,
             I
             cannot
             say
             so
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             not
             Major
             Alford
             tell
             you
             upon
             his
             return
             from
             Calice
             ,
             that
             he
             was
             sent
             thither
             to
             take
             an
             account
             thence
             ?
          
        
         
           
             Jaquel
             .
          
           
             He
             did
             not
             ,
             but
             
               William
               Drake
            
             did
             tell
             me
             ,
             that
             he
             was
             gone
             to
             Calice
             to
             speak
             with
             Captain
             Titus
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             to
             take
             an
             account
             of
             the
             transaction
             at
             Jersey
             ?
          
        
         
           
             Jaquel
             .
          
           
             Truly
             Sir
             ,
             I
             cannot
             say
             that
             ,
             but
             
               William
               Drake
            
             told
             me
             ,
             he
             was
             gone
             thither
             to
             speak
             with
             Titus
             ;
             and
             this
             is
             above
             two
             years
             ago
             ,
             that
             
               William
               Drake
            
             told
             me
             so
             .
          
        
         
           
             At.
             Gen.
             
          
           
             To
             what
             end
             ?
          
        
         
           
             Jaquel
             .
          
           
             To
             tell
             and
             hear
             news
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             did
             he
             do
             more
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             profess
             in
             the
             presence
             of
             God
             ,
             I
             cannot
             tell
             Sir
             ,
             I
             beseech
             you
             ;
             for
             in
             the
             Paper
             I
             told
             you
             before
             ,
             there
             were
             some
             circumstances
             ,
             and
             something
             that
             I
             cannot
             say
             ;
             but
             it
             was
             to
             this
             purpose
             ,
             To
             speak
             with
             Titus
             ,
             to
             hear
             the
             news
             from
             Jersey
             ;
             but
             I
             cannot
             say
             certainly
             that
             word
             .
          
        
         
           
             At.
             Gen.
             
          
           
             We
             do
             not
             press
             you
             to
             the
             word
             ,
             but
             to
             the
             effect
             of
             it
             ;
             my
             Lord
             ,
             I
             think
             
               Mr.
               Jaquel
            
             hath
             given
             an
             account
             already
             ,
             that
             this
             relation
             was
             at
             
               Mr.
               Loves
            
             house
             .
             
               Mr.
               Jaquel
            
             ,
             let
             me
             bring
             one
             thing
             to
             your
             remembrance
             ,
             if
             it
             be
             true
             ,
             At
             your
             meeting
             at
             
               Mr.
               Loves
            
             house
             ,
             upon
             this
             business
             of
             Bamfields
             Narrative
             ,
             you
             say
             ,
             Thirty
             pounds
             was
             moved
             to
             be
             sent
             to
             Bamfield
             ,
             and
             Ten
             pounds
             to
             his
             man.
             
          
        
         
           
             Jaquel
             .
          
           
             Yes
             ▪
             by
             Captain
             Potter
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             when
             it
             was
             then
             said
             ,
             it
             was
             thought
             fit
             by
             
               Mr.
               Love
               ,
               Mr.
               Drake
            
             ,
             and
             Captain
             Potter
             ,
             that
             it
             should
             be
             so
             done
             ,
             whether
             did
             you
             not
             all
             agree
             that
             it
             should
             be
             so
             done
             ?
          
        
         
           
             Jaquel
             .
          
           
             No
             ,
             there
             was
             no
             agreement
             ,
             but
             it
             was
             thought
             convenient
             ,
             or
             to
             that
             purpose
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             It
             was
             thought
             convenient
             by
             all
             the
             company
             present
             ?
          
        
         
           
             Iaquel
             .
          
           
             Truely
             Sir
             ,
             there
             was
             not
             much
             regard
             taken
             in
             that
             businesse
             ,
             nor
             was
             there
             much
             done
             ;
             for
             we
             did
             not
             stay
             long
             ,
             but
             there
             were
             such
             words
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             by
             all
             present
             ?
          
        
         
           
             Jaquel
             .
          
           
             Yes
             ,
             there
             were
             such
             words
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Whether
             were
             not
             some
             friends
             at
             dinner
             at
             Dowgate
             ,
             and
             was
             not
             Mason
             there
             ?
          
        
         
           
             Iaquel
             .
          
           
             My
             Lord
             ,
             There
             was
             a
             Gentleman
             there
             ,
             I
             cannot
             say
             ,
             who
             he
             was
             ,
             nor
             did
             I
             see
             him
             before
             or
             since
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             did
             they
             tell
             you
             it
             was
             ?
             did
             they
             not
             tell
             you
             ,
             Mason
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             professe
             ,
             I
             cannot
             remember
             that
             ,
             nor
             can
             I
             tell
             ,
             but
             I
             conceive
             it
             was
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             In
             your
             Examination
             ,
             you
             say
             it
             was
             Mason
             .
          
        
         
           
             Iaquel
             .
          
           
             I
             said
             ,
             I
             conceived
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Why
             did
             you
             believe
             so
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             cannot
             tell
             ,
             but
             as
             I
             remember
             ,
             
               William
               Drake
            
             told
             me
             ,
             It
             was
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Whether
             when
             Bamfields
             letter
             came
             ,
             and
             the
             letters
             from
             my
             Lord
             of
             
               Argile
               ,
               Lowden
            
             ,
             and
             others
             came
             ,
             Was
             there
             not
             a
             letter
             from
             Baily
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             do
             not
             remember
             ,
             my
             Lord.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             Nor
             from
             the
             Generall
             Assembly
             ?
          
        
         
           
             Iaquel
             .
          
           
             I
             do
             not
             remember
             any
             such
             thing
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Bethink
             your self
             ,
             you
             are
             upon
             your
             oath
             ,
             whether
             he
             that
             brought
             letters
             from
             Bamfield
             ,
             did
             not
             bring
             letters
             from
             Baily
             ,
             and
             from
             the
             Generall
             Assembly
             .
          
        
         
           
             Jaquel
             .
          
           
             I
             cannnot
             remember
             there
             was
             any
             such
             thing
             spoken
             of
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             no
             expression
             of
             letters
             of
             thanks
             for
             the
             good
             affection
             of
             the
             Presbyterian
             party
             here
             ,
             and
             encouragement
             to
             persevere
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             do
             not
             remember
             any
             such
             thing
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             no
             promises
             ,
             that
             when
             they
             by
             their
             indeavours
             should
             get
             a
             free
             Parliament
             in
             England
             ,
             that
             they
             would
             re-imburse
             all
             that
             was
             laid
             out
          
        
         
           
             Jaq.
             
          
           
             I
             do
             remember
             no
             such
             thing
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             would
             ask
             him
             some
             questions
             ;
             and
             the
             first
             is
             ,
             whether
             he
             hath
             spoken
             this
             as
             a
             meer
             relation
             ,
             or
             whether
             he
             owns
             all
             this
             he
             hath
             spoken
             ,
             as
             under
             an
             oath
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             We
             are
             past
             that
             my
             Lord
             ,
             he
             did
             say
             ,
             he
             was
             under
             an
             oath
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             If
             he
             say
             so
             ,
             I
             am
             concluded
             .
          
        
         
           Mr.
           Jaquel
           made
           no
           answer
           to
           this
           .
        
         
           
             L.
             Pres
             .
          
           
             You
             have
             asked
             two
             questions
             in
             a
             few
             words
             :
             for
             the
             first
             ,
             whether
             he
             speak
             it
             under
             an
             oath
             ;
             you
             know
             ,
             that
             time
             was
             spent
             to
             declare
             it
             before
             he
             began
             :
             If
             you
             ask
             of
             his
             owne
             knowledge
             ,
             you
             mistook
             it
             ;
             for
             he
             saith
             something
             he
             hath
             by
             relation
             ,
             and
             some
             that
             he
             knows
             :
             this
             hee
             hath
             taken
             notice
             of
             ,
             what
             should
             wee
             further
             examine
             over
             the
             same
             thing
             ;
             for
             hee
             saith
             some
             of
             his
             own
             knowledge
             ,
             some
             by
             relation
             from
             particular
             parties
             ,
             and
             some
             from
             parties
             he
             cals
             not
             now
             to
             mind
             :
             and
             it
             was
             declared
             by
             the
             Court
             ,
             that
             he
             was
             a
             witnesse
             ,
             and
             the
             Court
             accepted
             him
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             desire
             your
             Lordship
             to
             ask
             him
             this
             question
             ,
             whether
             the
             supposed
             Narrative
             that
             hee
             speaks
             of
             ,
             that
             Alford
             said
             he
             brought
             over
             ,
             and
             read
             at
             my
             house
             ,
             was
             read
             at
             my
             house
             ;
             or
             onely
             by
             Alford
             ,
             and
             so
             brought
             over
             as
             news
             ?
          
        
         
           
             Jaquel
             .
          
           
             In
             truth
             ,
             my
             Lord
             I
             cannot
             tell
             that
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             He
             speaks
             of
             Sterks
             a
             Scotch
             man
             ,
             I
             desire
             your
             Lordship
             to
             know
             wether
             hee
             knows
             ,
             or
             can
             affirme
             by
             the
             oath
             you
             say
             he
             hath
             taken
             ,
             that
             he
             was
             a
             Scotch
             Agent
             .
          
        
         
           No
           answer
           to
           that
           question
           .
        
         
           
             Mr.
             Love.
             
          
           
             Sir
             ,
             Ask
             him
             this
             question
             ,
             he
             mentions
             a
             fast
             at
             Major
             Adams
             ,
             or
             Col.
             Bartons
             ,
             and
             that
             for
             the
             good
             of
             both
             nations
             ;
             because
             he
             thought
             they
             were
             the
             Church
             of
             God
             ;
             whether
             there
             was
             any
             intimation
             in
             that
             meeting
             ,
             that
             it
             was
             under
             this
             notion
             ,
             for
             the
             good
             of
             both
             Nations
             ;
             whether
             that
             meeting
             was
             for
             the
             Scotch
             Nation
             to
             invade
             the
             English
             Nation
             .
          
        
         
           No
           answer
           to
           to
           that
           question
           .
        
         
           
             Mr.
             Love.
             
          
           
             He
             said
             ,
             (
             if
             I
             have
             taken
             him
             rightly
             ,
             and
             if
             not
             ,
             I
             desire
             your
             Notaries
             to
             inform
             me
             better
             )
             that
             Mr.
             Love
             did
             not
             agree
             to
             such
             a
             summe
             as
             forty
             pounds
             ,
             and
             afterwards
             hee
             said
             ,
             that
             all
             there
             said
             ,
             it
             was
             convenient
             .
             Now
             I
             would
             ask
             how
             these
             two
             can
             agree
             together
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             are
             right
             ;
             for
             the
             thing
             of
             agreement
             he
             disclaimed
             totally
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Then
             I
             did
             not
             agree
             to
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             No
             ,
             nor
             any
             else
             .
          
        
         
           
             M.
             Love.
             
          
           
             But
             afterwards
             he
             sayes
             ,
             that
             they
             did
             conceive
             it
             was
             convenient
             ;
             Now
             ,
             I
             pray
             ask
             him
             ,
             how
             he
             knew
             that
             I
             thought
             it
             was
             convenient
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             cannot
             say
             any
             thing
             that
             Mr.
             Love
             did
             say
             it
             was
             convenient
             ;
             but
             it
             was
             not
             dissented
             from
             ,
             nor
             spoken
             against
             by
             any
             ,
             as
             I
             remember
             .
          
        
         
           Mr.
           Jaquel
           withdraws
           .
        
         
           
           Colonel
           Barton
           
             is
             called
             into
             the
             Court
             ,
             and
             is
             sworn
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             let
             Colonel
             Barton
             tell
             you
             what
             he
             knows
             of
             the
             meeting
             at
             the
             Swan
             at
             Dow-gate
             .
          
        
         
           
             Col.
             Barton
             .
          
           
             My
             Lord
             ,
             I
             was
             there
             a
             little
             while
             after
             the
             death
             of
             the
             late
             King
             ;
             I
             was
             going
             into
             Cannon-street
             ,
             and
             met
             with
             
               William
               Drake
            
             ,
             he
             desired
             me
             to
             go
             with
             him
             to
             the
             Swan
             at
             Dow-gate
             ,
             I
             told
             him
             I
             had
             a
             little
             businesse
             in
             Cannon-street
             ,
             and
             I
             would
             be
             there
             by
             and
             by
             :
             I
             staid
             about
             halfe
             an
             hour
             about
             my
             businesse
             ,
             and
             went
             then
             to
             the
             Swan
             at
             Dow-gate
             ,
             and
             there
             was
             ,
             to
             my
             best
             remembrance
             (
             for
             positively
             I
             cannot
             say
             )
             
               William
               Drake
            
             ,
             and
             one
             a
             stranger
             ,
             Major
             Huntington
             ,
             and
             Lieutenant
             Colonel
             Bains
             ,
             and
             there
             was
             one
             Captain
             Titus
             ,
             as
             was
             said
             ,
             and
             Major
             Alford
             ,
             and
             I
             do
             not
             remember
             who
             else
             were
             there
             .
             My
             Lord
             ,
             at
             that
             time
             truly
             I
             was
             under
             a
             defect
             in
             my
             hearing
             ,
             and
             since
             that
             I
             have
             lost
             an
             ear
             ,
             through
             a
             huge
             heat
             ,
             and
             cold
             taken
             .
             But
             ,
             my
             Lord
             ,
             I
             not
             coming
             but
             to
             the
             middle
             of
             their
             discourse
             they
             had
             ,
             and
             not
             perfectly
             hearing
             ,
             could
             not
             well
             judge
             of
             their
             discourse
             ,
             but
             afterwards
             I
             asked
             
               William
               Drake
            
             ,
             what
             the
             intent
             of
             the
             meeting
             was
             ?
             he
             told
             mee
             ,
             that
             their
             intentions
             were
             to
             make
             some
             addresses
             or
             applications
             (
             some
             such
             word
             it
             was
             )
             unto
             the
             Prince
             ,
             and
             to
             take
             him
             off
             from
             his
             malignant
             or
             evill
             Counsell
             about
             him
             ,
             and
             to
             put
             him
             upon
             such
             as
             would
             be
             honester
             and
             better
             Counsellers
             ;
             and
             this
             is
             the
             substance
             of
             what
             I
             then
             understood
             from
             
               Will.
               Drake
            
             .
             My
             Lord
             ,
             J
             think
             ,
             two
             or
             three
             dayes
             afterwards
             ,
             I
             know
             not
             which
             ,
             there
             was
             a
             meeting
             againe
             at
             the
             
               White
               Hart
            
             in
             Basing-lane
             ,
             and
             at
             the
             corner
             of
             Bread-street
             ;
             there
             were
             ,
             I
             think
             ,
             most
             of
             them
             that
             I
             have
             named
             at
             the
             first
             meeting
             ;
             I
             am
             sure
             
               William
               Drake
            
             was
             there
             ,
             and
             Captain
             Titus
             ,
             and
             Lieutenant
             Colonel
             Bains
             ,
             and
             Major
             
               Huntington
               ,
               I
            
             cannot
             tell
             whether
             
               Mr.
               Alford
            
             was
             there
             or
             no
             ,
             but
             these
             I
             am
             sure
             were
             there
             ;
             I
             did
             not
             come
             to
             the
             beginning
             of
             that
             meeting
             neither
             ,
             the
             Paper
             had
             been
             read
             before
             I
             came
             in
             ,
             to
             my
             best
             remembrance
             ;
             but
             I
             asked
             
               William
               Drake
            
             what
             was
             the
             meaning
             of
             that
             meeting
             ?
             he
             told
             me
             ,
             it
             was
             to
             the
             same
             effect
             that
             they
             spake
             of
             before
             ;
             and
             they
             had
             thoughts
             to
             send
             some
             body
             over
             to
             the
             Prince
             ,
             to
             perswade
             him
             from
             that
             condition
             ;
             a
             while
             after
             J
             met
             with
             Lieutenant
             Colonel
             Bains
             ,
             and
             truly
             ,
             J
             did
             ask
             him
             more
             fully
             of
             the
             circumstances
             of
             that
             meeting
             :
             he
             told
             me
             something
             that
             they
             intended
             to
             make
             use
             of
             my
             Lord
             Piercy
             and
             Jermin
             ,
             and
             those
             about
             the
             Prince
             ,
             which
             hee
             disliked
             .
             Truly
             ,
             my
             Lord
             ,
             it
             troubled
             me
             extremely
             to
             think
             that
             they
             should
             make
             use
             of
             such
             ill
             instruments
             to
             perswade
             the
             King
             ,
             and
             J
             said
             ,
             J
             thought
             it
             was
             not
             well
             :
             And
             the
             next
             time
             J
             said
             to
             
               William
               Drake
            
             ,
             you
             have
             not
             done
             well
             ,
             for
             it
             is
             not
             a
             christian
             way
             we
             take
             to
             make
             use
             of
             such
             men
             as
             these
             to
             perswade
             with
             the
             King
             ;
             for
             do
             you
             think
             that
             my
             Lord
             Piercy
             and
             Jermin
             ,
             and
             those
             men
             will
             ever
             perswade
             the
             King
             to
             leave
             themselves
             ,
             and
             their
             own
             Counsels
             ?
             so
             he
             put
             me
             off
             ,
             and
             from
             that
             time
             he
             was
             a
             little
             more
             shy
             of
             me
             .
             Afterwards
             he
             did
             secretly
             and
             cunningly
             get
             from
             me
             Ten
             pounds
             ,
             and
             came
             under
             a
             pretence
             to
             supply
             a
             friend
             in
             necessity
             ,
             and
             J
             said
             to
             him
             ,
             you
             have
             money
             of
             your
             own
             ;
             saies
             he
             ,
             J
             have
             not
             so
             much
             as
             J
             must
             needs
             supply
             him
             with
             ,
             and
             he
             could
             not
             do
             it
             of
             himselfe
             for
             fear
             it
             should
             be
             miss'd
             .
             My
             Lord
             ,
             J
             asked
             him
             what
             friend
             it
             was
             ;
             nay
             ,
             saith
             he
             ,
             you
             can
             not
             know
             that
             ,
             nor
             you
             cannot
             have
             it
             till
             he
             is
             in
             a
             condition
             .
             To
             tell
             you
             truly
             ,
             he
             had
             been
             a
             good
             customer
             to
             me
             both
             for
             himself
             and
             friends
             ,
             and
             J
             was
             loath
             to
             deny
             him
             it
             ,
             supposing
             J
             should
             have
             it
             again
             .
             J
             afterwards
             did
             not
             ,
             to
             my
             best
             knowledg
             ,
             meddle
             or
             make
             at
             any
             meeting
             ,
             J
             was
             never
             at
             any
             of
             those
             meetings
             after
             the
             businesse
             at
             
               Basing
               lane
            
             ,
             because
             J
             disliked
             them
             ;
             but
             afterwards
             J
             did
             suppose
             that
             this
             Ten
             pounds
             was
             for
             Captain
             Titus
             ;
             for
             J
             did
             put
             it
             to
             him
             ,
             and
             said
             ,
             J
             am
             afraid
             you
             did
             furnish
             Titus
             with
             that
             Ten
             pounds
             :
             What
             then
             ,
             said
             he
             ?
             Then
             J
             shall
             require
             it
             again
             of
             you
             :
             so
             he
             put
             me
             off
             ,
             and
             run
             out
             of
             the
             Land.
             My
             Lord
             ,
             for
             any
             other
             meetings
             ,
             transactions
             or
             knowledge
             of
             any
             other
             thing
             from
             the
             time
             of
             the
             meeting
             in
             Basing-lane
             ,
             J
             know
             none
             .
             For
             the
             Prisoner
             at
             the
             bar
             ,
             truly
             J
             do
             not
             remember
             ,
             and
             J
             am
             confident
             J
             was
             never
             at
             his
             house
             in
             my
             life
             ,
             nor
             changed
             one
             word
             with
             him
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             you
             meet
             with
             Titus
             in
             Fleet-street
             .
          
        
         
           
             Bart.
             
          
           
             J
             did
             ,
             my
             Lord
             ,
             and
             J
             asked
             him
             whether
             the
             King
             that
             was
             dead
             (
             for
             J
             knew
             he
             was
             much
             about
             the
             King
             ,
             because
             J
             had
             heard
             it
             )
             and
             J
             asked
             him
             (
             J
             say
             )
             whether
             the
             King
             was
             a
             man
             of
             those
             parts
             he
             was
             reported
             to
             be
             .
             Titus
             told
             me
             ,
             not
             only
             of
             his
             parts
             ,
             but
             vertues
             :
             Truly
             J
             suspected
             then
             ,
             that
             Titus
             was
             not
             the
             man
             he
             seemed
             to
             be
             ,
             and
             J
             feared
             he
             was
             a
             Cavileer
             in
             his
             heart
             ;
             and
             truly
             that
             did
             occasion
             me
             ,
             with
             the
             dislike
             of
             others
             ,
             to
             leave
             their
             company
             .
          
        
         
           
             At.
             Gen.
             
          
           
             There
             were
             sometimes
             private
             fasts
             at
             your
             house
             ,
             wha●
             w●s
             the
             occasion
             of
             them
             ,
             and
             vvho
             spoke
             to
             you
             for
             them
             ?
          
        
         
           
           
             Col.
             Barton
             .
          
           
             My
             Lord
             ,
             I
             do
             not
             remember
             the
             party
             that
             sapke
             to
             me
             ,
             I
             am
             not
             certain
             whether
             it
             were
             Master
             Vickars
             ,
             but
             cannot
             positively
             say
             it
             ,
             or
             whether
             it
             were
             by
             Sir
             
               Matthew
               Brand
            
             ,
             or
             by
             whom
             they
             desired
             to
             meet
             ,
             they
             met
             in
             a
             room
             at
             my
             house
             to
             humble
             themselves
             before
             the
             Lord
             ;
             and
             I
             cannot
             say
             any
             thing
             of
             the
             Fast
             ,
             because
             I
             had
             customers
             ,
             and
             I
             did
             think
             I
             was
             bound
             to
             serve
             my
             calling
             ;
             and
             I
             was
             not
             there
             above
             half
             an
             hour
             ,
             and
             it
             was
             up
             and
             down
             ,
             off
             and
             on
             ,
             there
             were
             divers
             Ministers
             ,
             who
             did
             exercise
             at
             that
             time
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             did
             exercise
             at
             that
             time
             ?
          
        
         
           
             Col.
             Barton
             .
          
           
             I
             was
             not
             there
             much
             of
             the
             time
             ,
             but
             I
             think
             Mr.
             Jenkins
             ,
             and
             to
             my
             best
             remembrance
             ,
             Mr.
             Love
             was
             there
             ;
             there
             was
             Mr.
             Tate
             the
             Parliament●
             man
             ,
             to
             my
             best
             remembrance
             ;
             I
             think
             Mr.
             Jaquel
             was
             there
             ,
             and
             there
             was
             Sir
             
               Matthew
               Brand.
            
             
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             other
             Ministers
             were
             there
             ?
          
        
         
           
             Col.
             Barton
             .
          
           
             I
             think
             Mr.
             Case
             ,
             and
             to
             my
             best
             remembrance
             Mr.
             Robinson
             ;
             but
             I
             am
             not
             certain
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             the
             occasion
             of
             your
             Fasts
             ,
             and
             at
             your
             house
             ?
          
        
         
           
             Col.
             Barton
             .
          
           
             I
             knew
             no
             occasion
             ,
             because
             I
             was
             not
             there
             ,
             but
             have
             heard
             ,
             a
             servant
             of
             my
             house
             ,
             who
             was
             there
             ,
             gives
             this
             relation
             .
             Mr.
             Jenkins
             began
             in
             this
             maner
             ,
             
               O
               Lord
               ,
               thou
               knowest
               we
               are
               not
               meet
               to
               put
               up
               complaints
               against
               any
               ,
               but
               to
               humble
               our selves
               before
               thee
               ,
               and
               to
               pray
               ,
               that
               the
               sins
               of
               the
               Land
               may
               be
               pardoned
            
             ;
             but
             I
             do
             not
             remember
             there
             was
             any
             word
             ,
             but
             for
             the
             pardoning
             the
             sins
             of
             the
             Nation
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             there
             no
             sins
             named
             in
             particular
             ?
          
        
         
           
             Col.
             Barton
             .
          
           
             My
             Lord
             ,
             I
             do
             not
             remember
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             ask
             him
             whether
             any
             body
             hath
             been
             with
             him
             ,
             to
             call
             for
             any
             money
             for
             any
             parties
             beyond
             Sea
             ;
             for
             Massey
             or
             any
             others
             .
          
        
         
           
             Col.
             Barton
             .
          
           
             I
             shall
             give
             you
             a
             true
             Narrative
             of
             that
             ,
             I
             understood
             ,
             my
             Lord
             ,
             that
             after
             the
             prisoners
             that
             were
             taken
             at
             Dunbar
             were
             come
             down
             the
             River
             ,
             there
             were
             divers
             Citizens
             ,
             both
             men
             and
             women
             ,
             that
             came
             to
             see
             them
             ,
             and
             made
             a
             relation
             of
             their
             misery
             to
             be
             such
             ,
             as
             I
             have
             not
             heard
             ;
             and
             there
             was
             one
             among
             the
             rest
             ,
             that
             said
             there
             was
             a
             peice
             of
             meat
             reached
             down
             among
             the
             prisoners
             ,
             and
             two
             or
             three
             catching
             at
             it
             ,
             it
             fell
             down
             among
             the
             dung
             ,
             and
             they
             took
             it
             up
             ,
             and
             eat
             it
             ;
             there
             were
             divers
             did
             move
             for
             a
             contribution
             to
             them
             ,
             and
             it
             was
             a
             pritty
             while
             before
             I
             did
             contribute
             any
             thing
             ;
             there
             was
             Captain
             Far
             with
             me
             ,
             and
             desired
             me
             to
             give
             him
             some
             money
             ,
             and
             he
             did
             not
             propose
             the
             use
             ;
             but
             to
             my
             best
             remembrance
             ,
             it
             was
             either
             for
             charitable
             uses
             ,
             or
             for
             some
             in
             misery
             .
             Now
             I
             was
             loth
             to
             ask
             him
             for
             what
             charitable
             use
             ,
             because
             I
             did
             not
             desire
             to
             be
             known
             to
             give
             such
             a
             sum
             of
             money
             to
             the
             Scotch
             prisoners
             .
             I
             had
             a
             little
             money
             which
             I
             had
             devoted
             to
             charitable
             uses
             in
             my
             own
             purpose
             :
             VVhen
             the
             Pa●liament
             granted
             my
             Petition
             for
             reimbursing
             the
             money
             I
             lent
             ,
             I
             did
             promise
             Fifty
             pounds
             to
             charitable
             uses
             ;
             and
             this
             ,
             I
             confess
             ,
             I
             did
             intend
             for
             the
             Scotch
             prisoners
             ,
             but
             was
             loth
             to
             ask
             him
             ,
             because
             I
             would
             not
             be
             thought
             charitable
             to
             your
             Enemies
             ;
             but
             did
             it
             not
             under
             that
             relation
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Mr.
             Jaquel
             ,
             you
             know
             
               William
               Drake
            
             and
             Mr.
             Love
             very
             well
             ,
             do
             you
             not
             know
             that
             Mr.
             Drake
             and
             Mr.
             Love
             ,
             were
             very
             familiarly
             acquainted
             ?
          
        
         
           
             Jaquel
             .
          
           
             I
             must
             needs
             say
             ,
             Mr.
             Drake
             would
             be
             acquainted
             with
             all
             the
             Ministers
             in
             London
             ;
             and
             I
             cannot
             say
             ,
             he
             was
             more
             acquainted
             with
             Mr.
             Love
             ,
             then
             with
             any
             other
             Minister
             .
          
        
         
           Captain
           Far
           
             is
             called
             into
             the
             Court
             ,
             and
             is
             sworn
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             let
             him
             acquaint
             you
             with
             what
             passed
             at
             the
             White
             Hart
             in
             Breadstreet
             .
          
        
         
           
             Cap.
             Far
             ,
          
           
             I
             desire
             the
             benefit
             of
             my
             Papers
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             At
             whose
             request
             did
             you
             come
             to
             the
             white
             Hart
             in
             Breadstreet
             ,
             and
             when
             was
             it
             ?
          
        
         
           
             Far.
             
          
           
             By
             
               William
               Drake
            
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Was
             that
             the
             first
             time
             you
             were
             acquainted
             with
             any
             thing
             of
             this
             nature
             ,
             for
             carrying
             on
             and
             prosecuting
             of
             an
             order
             ,
             to
             the
             furtherance
             of
             an
             Agreement
             between
             the
             Scots
             ,
             and
             the
             King
             ?
             VVhat
             do
             you
             know
             of
             that
             ,
             at
             what
             time
             was
             the
             meeting
             .
          
        
         
           
             Cap.
             Far.
             
          
           
             It
             was
             about
             two
             years
             since
             .
          
        
         
           
             At.
             Gen.
             
          
           
             VVhat
             was
             the
             discourse
             at
             that
             meeting
             ?
          
        
         
           
             Cap.
             Far.
             
          
           
             It
             was
             the
             drawing
             up
             of
             some
             heads
             of
             a
             Letter
             ,
             which
             might
             be
             sent
             to
             Scotland
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             was
             the
             effect
             of
             it
             ?
          
        
         
           
             Cap.
             Far.
             
          
           
             It
             was
             to
             this
             effect
             ,
             to
             the
             best
             of
             my
             memory
             ;
             for
             it
             is
             so
             long
             since
             .
          
        
         
           
             Here
             Captain
          
           Far
           
             was
             at
             a
             stand
             ,
             whether
             through
             infirmity
             of
             speech
             (
             for
             he
             seemed
             to
             be
             slow
             of
             speech
             )
             or
             otherwise
             ,
             I
             cannot
             say
             ;
             and
             he
             or
             the
          
           Attorney
           General
           
             for
             him
             ,
             made
             great
             use
             of
             the
             Papers
             of
             his
             Examination
             .
          
        
         
           
             At.
             Gen.
             
          
           
             To
             desire
             them
             ,
             the
             better
             to
             bring
             them
             to
             an
             agreement
             ,
             that
             there
             might
             be
             moderate
             Propositions
             .
          
        
         
           
             Cap.
             Far.
             
          
           
             It
             was
             to
             moderate
             their
             desires
             in
             the
             agreement
             ,
             between
             the
             King
             and
             the
             Scots
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             to
             do
             ?
          
        
         
           
             Cap.
             Far.
             
          
           
             That
             they
             might
             abate
             of
             their
             demands
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Of
             their
             former
             demands
             ,
             that
             they
             might
             be
             the
             more
             like
             to
             agree
             ;
             was
             it
             not
             so
             ?
          
        
         
           
             Cap.
             Far.
             
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
           
             Att.
             Gen.
             
          
           
             Was
             it
             not
             propounded
             likewise
             ,
             that
             some
             should
             be
             sent
             to
             the
             King
             ,
             to
             perswade
             him
             to
             give
             satisfaction
             to
             the
             Scots
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             propounded
             by
             Titus
             ,
             but
             not
             approved
             of
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             did
             you
             not
             agree
             to
             send
             to
             the
             Scots
             that
             you
             did
             agree
             to
             ,
             and
             were
             there
             not
             heads
             which
             Titus
             ,
             or
             Drake
             ,
             did
             undertake
             to
             write
             ,
             and
             afterwards
             were
             drawn
             up
             ?
          
        
         
           
             Far.
             
          
           
             I
             saw
             no
             letters
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             did
             not
             Drake
             tell
             you
             he
             had
             sent
             them
             to
             Master
             Baily
             in
             Scotland
             ?
             
               Captain
               Far
               being
               at
               a
               stand
               ,
               the
               Atturny
               Generall
               asketh
               him
               again
               .
            
             Did
             not
             
               William
               Drake
            
             tell
             you
             ,
             a
             letter
             was
             sent
             accordingly
             into
             Scotland
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             he
             did
             tell
             me
             ,
             he
             had
             sent
             letters
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             let
             him
             give
             you
             Lordship
             an
             account
             before
             the
             Treaty
             at
             Jersey
             ,
             where
             Drake
             met
             with
             him
             ,
             and
             what
             he
             propounded
             to
             him
             ,
             whether
             to
             send
             to
             Jersey
             ,
             and
             what
             persons
             ,
             and
             upon
             what
             message
             ?
          
        
         
           
             Far.
             
          
           
             
               Mr.
               Drake
            
             did
             say
             ,
             that
             Captain
             Titus
             did
             say
             ,
             It
             was
             requisite
             for
             one
             to
             be
             at
             the
             Treaty
             at
             Jersey
             ,
             and
             I
             had
             it
             from
             Drake
             ,
             that
             Titus
             did
             undertake
             to
             go
             himselfe
             thither
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             his
             imployment
             to
             be
             there
             ,
             and
             what
             money
             was
             to
             be
             raised
             for
             him
             ?
             —
             Did
             he
             tell
             you
             he
             wanted
             money
             ?
          
        
         
           
             Far.
             
          
           
             After
             
               Mr.
               Drake
            
             desired
             ,
             I
             would
             help
             him
             to
             ten
             pounds
             ,
             and
             Titus
             was
             in
             want
             of
             money
             to
             relieve
             his
             necessities
             ;
             and
             upon
             this
             request
             I
             did
             leave
             ten
             pounds
             in
             
               Mr.
               Drakes
            
             Ware-house
             .
          
           
             VVas
             Drake
             present
             ?
          
        
         
           
             Far.
             
          
           
             I
             think
             he
             was
             ,
             I
             was
             promised
             it
             again
             ,
             but
             never
             received
             it
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             Let
             him
             inform
             after
             this
             negotiation
             of
             Titus
             was
             ended
             at
             Iersy
             ,
             whether
             there
             was
             not
             a
             letter
             written
             by
             Titus
             ,
             and
             whether
             this
             was
             not
             read
             in
             the
             presence
             of
             
               Mr.
               Love
            
             ,
             and
             some
             others
             ,
             and
             whether
             at
             
               Mr.
               Loves
            
             or
             no
             ?
          
        
         
           
             L.
             Pres
             .
          
           
             Upon
             the
             ending
             of
             the
             Treaty
             at
             Iersey
             ,
             and
             Bredah
             ,
             were
             you
             not
             present
             at
             
               Mr.
               Loves
            
             house
             ,
             when
             it
             was
             signified
             from
             Titus
             ,
             that
             it
             was
             not
             convenient
             for
             him
             to
             come
             into
             England
             ,
             because
             he
             thought
             he
             was
             discovered
             to
             the
             Councell
             of
             State
             ,
             and
             desired
             some
             body
             to
             be
             sent
             to
             Calice
             to
             take
             an
             account
             there
             of
             his
             negotiation
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             ,
             my
             Lord
             ,
             I
             was
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Where
             ,
             at
             
               Mr.
               Loves
            
             house
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             In
             what
             part
             of
             his
             house
             ,
             whether
             in
             his
             chamber
             ,
             or
             study
             ?
          
        
         
           
             Far.
             
          
           
             In
             his
             study
             ,
             as
             I
             remember
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             the
             letter
             read
             there
             ,
             and
             who
             read
             it
             ?
          
        
         
           
             Far.
             
          
           
             
               William
               Drake
            
             read
             it
             .
          
        
         
           
             At.
             Gē
             .
          
           
             What
             was
             the
             substance
             of
             the
             letter
             ,
             as
             you
             remember
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             forsending
             one
             over
             to
             Calice
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Was
             
               Mr.
               Love
            
             present
             when
             this
             letter
             was
             read
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             sure
             ,
             he
             was
             present
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             agreed
             that
             one
             should
             be
             sent
             to
             Calice
             ,
             to
             take
             an
             account
             of
             it
             .
          
        
         
           
             Far.
             
          
           
             It
             was
             desired
             ,
             and
             I
             was
             propounded
             to
             go
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             named
             you
             to
             go
             ?
          
        
         
           
             Far.
             
          
           
             
               Mr.
               Drake
            
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             the
             occasion
             that
             
               Major
               Alford
            
             did
             go
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             his
             Sons
             being
             there
             ,
             that
             was
             gon
             from
             him
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             then
             it
             was
             agreed
             that
             Alford
             should
             go
             ?
             When
             Alford
             did
             return
             from
             Calice
             again
             ,
             and
             there
             was
             an
             account
             given
             of
             his
             imployment
             ,
             Where
             was
             this
             account
             given
             ?
             and
             where
             were
             those
             papers
             read
             that
             did
             give
             the
             account
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             given
             at
             
               Mr.
               Loves
            
             ;
             but
             I
             cannot
             say
             ,
             he
             was
             present
             at
             that
             ,
             for
             he
             was
             absent
             sometimes
             ;
             I
             cannot
             be
             positive
             to
             say
             he
             was
             present
             :
             I
             do
             conceive
             he
             was
             present
             ,
             but
             cannot
             positively
             say
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             was
             the
             substance
             of
             the
             account
             given
             by
             Alford
             ,
             or
             Drake
             ,
             or
             who
             read
             it
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             a
             Narrative
             that
             he
             had
             been
             at
             Calice
             ,
             and
             what
             entertainment
             he
             had
             .
          
        
         
           
             At.
             Gen.
             
          
           
             VVas
             there
             a
             copie
             of
             a
             letter
             brought
             thither
             written
             from
             the
             King
             to
             the
             Presbyterian
             party
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             ,
             he
             brought
             it
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             was
             the
             substance
             of
             the
             letter
             ?
          
        
         
           
             Far.
             
          
           
             To
             send
             Commissioners
             to
             the
             Treaty
             at
             Bredah
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             What
             else
             was
             in
             the
             letter
             ?
             Did
             not
             the
             King
             of
             Scots
             declare
             in
             the
             letter
             ,
             that
             he
             would
             give
             satisfaction
             to
             the
             Scots
             ,
             and
             in
             order
             thereunto
             he
             desired
             Commissioners
             ?
          
        
         
           
             Far.
             
          
           
             It
             is
             so
             long
             since
             ,
             that
             I
             cannot
             remember
             it
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             ask
             you
             ,
             whether
             it
             were
             not
             to
             this
             effect
             ,
             to
             declare
             that
             he
             was
             willing
             to
             give
             satisfaction
             to
             the
             Scots
             ,
             and
             to
             that
             end
             desired
             the
             Presbyterian
             party
             to
             send
             commissioners
             to
             Bredah
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             This
             is
             grosse
             darknesse
             ,
             for
             you
             to
             dictate
             words
             to
             him
             ,
             and
             then
             to
             say
             ,
             VVas
             it
             not
             thus
             ,
             or
             to
             this
             effect
             ?
             and
             so
             to
             put
             into
             the
             mouthes
             of
             the
             witnesses
             what
             you
             would
             have
             them
             say
             .
          
        
         
           
             At.
             Gen.
             
          
           
             VVhen
             you
             go
             in
             darknesse
             ,
             it
             is
             grosse
             treason
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Eight
             witnesses
             have
             not
             proved
             ,
             that
             I
             either
             w●it
             letter
             ,
             or
             received
             letter
             ,
             or
             lent
             money
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhat
             was
             the
             effect
             of
             the
             letter
             ?
          
        
         
           
             Far.
             
          
           
             It
             is
             so
             long
             since
             ,
             that
             I
             cannot
             speak
             particularly
             ,
             but
             it
             was
             to
             send
             commissioners
             .
          
        
         
           
           
             At.
             Gen.
             
          
           
             The
             copie
             of
             the
             letter
             that
             came
             from
             the
             King
             by
             Major
             Alford
             ?
          
        
         
           
             Far.
             
          
           
             I
             do
             not
             say
             so
             ,
             Sir.
             
          
        
         
           
             L.
             Pres
             .
          
           
             Such
             a
             letter
             as
             they
             conceived
             to
             be
             brought
             from
             him
             ,
             as
             they
             read
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             was
             that
             ?
          
        
         
           
             Far.
             
          
           
             That
             he
             had
             been
             with
             Titus
             ,
             and
             did
             bring
             the
             Narrative
             from
             him
             ,
             or
             to
             that
             effect
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             not
             to
             be
             communicated
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             ,
             it
             was
             so
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             was
             the
             Narrative
             read
             from
             Titus
             ?
             who
             were
             present
             at
             this
             meeting
             ?
          
        
         
           
             Far.
             
          
           
             There
             were
             severall
             there
             ,
             but
             I
             cannot
             positively
             remember
             any
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             Mr.
             Love
             there
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             he
             was
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             Doctor
             Drake
             there
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             positively
             ,
             that
             he
             hath
             been
             at
             any
             meetings
             .
          
        
         
           
             L.
             Pres
             .
          
           
             When
             you
             were
             of
             this
             meeting
             ,
             and
             Major
             Alford
             returned
             this
             at
             Mr.
             Loves
             house
             ,
             was
             Doctor
             Drake
             there
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             Mr.
             Jenkyns
             there
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             How
             many
             were
             there
             ?
          
        
         
           
             Far.
             
          
           
             About
             ten
             ,
             or
             twelve
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Ask
             him
             ,
             whether
             this
             meeting
             ,
             when
             this
             letter
             came
             from
             the
             King
             ,
             advising
             to
             send
             Commissioners
             to
             treat
             with
             the
             King
             at
             Bredah
             ?
             Whether
             was
             there
             not
             a
             Commission
             named
             ,
             and
             persons
             named
             to
             treat
             ?
          
        
         
           
             Far.
             
          
           
             
               William
               Drake
            
             read
             papers
             ,
             but
             it
             was
             not
             agreed
             upon
             by
             the
             Company
             ,
             because
             private
             persons
             could
             not
             give
             commissions
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             it
             not
             debated
             at
             that
             meeting
             for
             a
             Commission
             to
             be
             sent
             accordingly
             ?
          
        
         
           
             Far.
             
          
           
             
               Wil.
               Drake
            
             read
             papers
             there
             ,
             that
             was
             in
             the
             nature
             of
             a
             Commission
             ,
             but
             it
             was
             not
             agreed
             upon
             by
             the
             Company
             ,
             because
             private
             persons
             could
             not
             do
             such
             a
             thing
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             it
             not
             in
             order
             to
             the
             Treaty
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             to
             advise
             with
             them
             about
             the
             Treaty
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             not
             read
             in
             the
             presence
             of
             the
             Company
             ?
          
        
         
           
             Far.
             
          
           
             The
             Commissions
             and
             instructions
             were
             read
             in
             the
             presence
             of
             the
             Company
             ,
             but
             they
             were
             not
             agreed
             upon
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             not
             in
             the
             name
             of
             the
             Presbyterian
             party
             in
             England
             ?
          
        
         
           
             Far.
             
          
           
             As
             I
             do
             remember
             ,
             the
             Commission
             was
             in
             the
             name
             of
             the
             Presbyterian
             party
             ,
             for
             I
             did
             but
             onely
             hear
             it
             read
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Let
             him
             speak
             
               vivâ
               voce
            
             .
          
        
         
           
             Far.
             
          
           
             To
             the
             best
             of
             my
             remembrance
             ,
             it
             was
             for
             the
             Presbyterian
             party
             ,
             but
             positively
             ,
             I
             cannot
             say
             so
             ;
             My
             Lord
             ,
             't
             is
             two
             years
             since
             ,
             and
             as
             near
             as
             I
             can
             remember
             ,
             it
             was
             so
             .
          
        
         
           
             L.
             Pres
             .
          
           
             The
             Commission
             you
             say
             ,
             was
             not
             agreed
             to
             ,
             but
             the
             letter
             and
             instructions
             were
             ?
          
        
         
           
             Far.
             
          
           
             
               William
               Drake
            
             did
             undertake
             to
             draw
             them
             up
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Were
             they
             drawn
             up
             ,
             and
             sent
             ?
             I
             am
             not
             able
             to
             say
             they
             were
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Who
             were
             to
             be
             the
             Commissioners
             ?
          
        
         
           
             Far.
             
          
           
             My
             Lord
             Willoughby
             of
             Parham
             ,
             Alderman
             Bunce
             ,
             Major
             Generall
             Massey
             ,
             Colonel
             Graves
             ,
             Captain
             Titus
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             VVhat
             were
             they
             to
             do
             ?
          
        
         
           
             Far.
             
          
           
             To
             advise
             ,
             but
             not
             to
             treat
             in
             the
             behalf
             of
             the
             Presbyterian
             party
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Not
             in
             the
             behalf
             of
             the
             Prebyterian
             party
             ?
          
        
         
           
             Far.
             
          
           
             No.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             VVas
             there
             not
             an
             agreement
             of
             letters
             to
             be
             sent
             to
             the
             Queen
             ,
             and
             no
             proposals
             that
             way
             ?
          
        
         
           
             Far.
             
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Pres
             .
          
           
             What
             was
             the
             substance
             of
             that
             letter
             read
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             ,
             as
             I
             remember
             ,
             to
             have
             the
             Queen
             perswade
             the
             King
             to
             give
             satisfaction
             to
             the
             Scots
             in
             their
             just
             demands
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             not
             moved
             then
             to
             be
             debated
             what
             power
             they
             had
             to
             send
             a
             Commission
             ,
             and
             by
             what
             authority
             they
             should
             do
             it
             ,
             and
             by
             whom
             was
             it
             spoken
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             demanded
             ,
             what
             authority
             had
             private
             men
             to
             send
             Commissioners
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             you
             go
             afterwards
             with
             some
             over
             into
             Southwark
             ?
          
        
         
           
             Far
             ▪
             
          
           
             Yes
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Where
             did
             you
             go
             ?
          
        
         
           
             Far.
             
          
           
             I
             went
             with
             Major
             Alford
             ,
             and
             with
             Alderman
             Bunce
             his
             sonne
             ,
             and
             I
             went
             to
             Gravesend
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             other
             company
             was
             there
             ?
          
        
         
           
             Far.
             
          
           
             No
             body
             else
             ,
             nor
             had
             I
             gone
             ,
             but
             at
             the
             request
             of
             Master
             Alford
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             you
             know
             that
             Mason
             went
             ?
          
        
         
           
             Far.
             
          
           
             There
             was
             no
             such
             man
             went
             along
             with
             us
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             no
             body
             tell
             you
             that
             Mason
             went
             with
             the
             instructions
             agreed
             upon
             ?
          
        
         
           
             Far.
             
          
           
             There
             was
             a
             Gentleman
             we
             met
             with
             at
             Gravesend
             ,
             that
             I
             conceive
             to
             be
             that
             Mason
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             he
             carry
             the
             instructions
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             tell
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             no
             body
             tell
             you
             so
             ?
          
        
         
           
             Far.
             
          
           
             Not
             as
             I
             remember
             ,
             I
             did
             not
             see
             any
             delivered
             to
             him
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             believe
             he
             carried
             them
             out
             of
             these
             circumstances
             you
             heard
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             ,
             I
             believe
             he
             did
             ,
             I
             am
             upon
             my
             oath
             ,
             and
             to
             say
             positively
             ,
             I
             cannot
             .
          
        
         
           
             Att
             Gen.
             
          
           
             Were
             there
             not
             letters
             left
             at
             your
             house
             ,
             and
             for
             whom
             ,
             and
             what
             did
             you
             with
             them
             ?
          
        
         
           
             Far.
             
          
           
             There
             was
             at
             my
             brothers
             house
             letters
             left
             ,
             but
             they
             were
             returned
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             But
             for
             whom
             were
             those
             Letters
             ?
          
        
         
           
             Far.
             
          
           
             They
             were
             directed
             to
             
               William
               Drake
            
             by
             Titus
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Were
             you
             at
             Colonel
             Bartons
             house
             at
             the
             Fast
             ?
          
        
         
           
             Far.
             
          
           
             I
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Who
             officiated
             there
             ,
             was
             
               Mr.
               Love
            
             one
             of
             them
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             positively
             ,
             I
             believe
             Mr.
             Love
             did
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             believe
             ,
             Mr.
             Love
             was
             one
             of
             them
             ?
          
        
         
           
             Far.
             
          
           
             I
             conceive
             he
             was
             one
             of
             them
             ,
             and
             Mr.
             Robinson
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Did
             he
             not
             pray
             for
             a
             blessing
             upon
             the
             Treaty
             ,
             between
             the
             King
             and
             the
             Scots
             ?
          
        
         
           
             Far.
             
          
           
             That
             was
             done
             ,
             but
             I
             cannot
             say
             it
             was
             by
             Mr.
             Love
             ;
             but
             these
             words
             were
             said
             there
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Were
             you
             at
             a
             meeting
             at
             Mr.
             Loves
             ,
             after
             the
             fight
             at
             Dunbar
             ,
             a
             remarkable
             time
             to
             this
             Nation
             ?
          
        
         
           
             Far.
             
          
           
             I
             was
             there
             ,
             but
             came
             in
             late
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Were
             you
             there
             ,
             when
             a
             Letter
             was
             read
             from
             Massey
             ?
          
        
         
           
             Far.
             
          
           
             I
             did
             not
             hear
             it
             read
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             do
             you
             know
             of
             it
             ?
          
        
         
           
             Far.
             
          
           
             There
             was
             such
             a
             Letter
             came
             ,
             to
             assist
             the
             King
             with
             Money
             and
             Arms
             ;
             but
             it
             was
             not
             agreed
             upon
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             sware
             such
             a
             Letter
             came
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             swear
             positively
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             the
             Gentleman
             tell
             you
             so
             ?
          
        
         
           
             Far.
             
          
           
             He
             did
             tell
             me
             so
             .
          
        
         
           
             L.
             Pres
             .
          
           
             The
             letter
             did
             write
             likewise
             for
             Arms
             and
             Ammunition
             ,
             did
             it
             not
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             ,
             and
             for
             money
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             not
             Mr.
             Love
             tell
             you
             ,
             they
             could
             not
             do
             it
             .
          
        
         
           
             Far.
             
          
           
             I
             did
             understand
             it
             was
             Mr.
             Love.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             
               Mr.
               Love
            
             tell
             you
             ,
             they
             agreed
             to
             raise
             a
             sum
             of
             money
             for
             Massey
             ,
             and
             Titus
             ,
             and
             Graves
             ,
             and
             some
             of
             them
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             ,
             he
             did
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             was
             the
             sum
             of
             money
             ,
             and
             for
             whom
             was
             it
             agreed
             upon
             ;
             did
             
               Mr.
               Love
            
             tell
             you
             so
             ?
          
        
         
           
             Far.
             
          
           
             I
             say
             
               Mr.
               Love
            
             did
             tell
             me
             ,
             it
             was
             agreed
             upon
             for
             the
             sending
             of
             some
             money
             ,
             whether
             250
             or
             300
             l.
             I
             cannot
             say
             positively
             ;
             and
             it
             was
             to
             relieve
             Massey
             and
             Titus
             in
             their
             necessities
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             
               Mr.
               Love
            
             move
             you
             to
             contribute
             to
             this
             ?
             and
             what
             did
             you
             contribute
             ?
          
        
         
           
             Far.
             
          
           
             
               Mr.
               Love
            
             asked
             me
             ,
             and
             I
             did
             promise
             five
             pounds
             ,
             and
             brought
             five
             pounds
             ,
             and
             laid
             it
             down
             upon
             his
             Table
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Who
             was
             in
             the
             Room
             then
             ?
          
        
         
           
             Far.
             
          
           
             There
             were
             several
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             know
             none
             of
             them
             ?
          
        
         
           
             At.
             Gen.
             
          
           
             
               Mr.
               Love
            
             saith
             ,
             he
             hath
             neither
             writ
             ,
             received
             ,
             nor
             sent
             ;
             but
             he
             doth
             not
             say
             ,
             he
             did
             not
             mend
             letters
             .
          
        
         
           
             Far.
             
          
           
             I
             brought
             five
             pounds
             in
             a
             Paper
             ,
             and
             laid
             it
             upon
             his
             Table
             .
          
        
         
           
             L.
             Pres
             .
          
           
             And
             was
             he
             in
             the
             Room
             ?
          
        
         
           
             Far.
             
          
           
             Yes
             ,
             my
             Lord
             ,
             but
             I
             cannot
             say
             ,
             any
             else
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             could
             tell
             you
             who
             there
             were
             more
             ;
             
               Mr.
               Case
            
             was
             there
             too
             :
             my
             Lord
             ,
             ask
             him
             if
             it
             were
             not
             agreed
             between
             them
             ,
             that
             it
             should
             be
             so
             brought
             .
          
        
         
           
             Far.
             
          
           
             As
             I
             did
             understand
             it
             was
             so
             ;
             it
             was
             so
             for
             my
             particular
             ,
             but
             I
             cannot
             say
             it
             of
             others
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             not
             
               Mr.
               Love
            
             speak
             to
             you
             to
             that
             purpose
             ,
             to
             bring
             it
             in
             that
             way
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             he
             bid
             me
             lay
             it
             down
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             was
             the
             maner
             of
             
               Mr.
               Loves
            
             requiring
             of
             you
             ,
             or
             notifying
             of
             it
             to
             you
             ,
             and
             the
             maner
             of
             your
             pursuit
             of
             that
             ?
          
        
         
           
             Here
             Captain
          
           Far
           
             was
             at
             a
             stand
             ,
             and
             made
             no
             answer
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             will
             make
             it
             very
             short
             ,
             Whether
             this
             were
             not
             done
             ,
             that
             there
             might
             be
             no
             discovery
             of
             it
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             done
             to
             that
             effect
             ,
             that
             there
             should
             be
             no
             discovery
             of
             it
             ,
             I
             did
             it
             under
             that
             ●otion
             .
          
        
         
           
             L.
             Pres
             .
          
           
             And
             do
             you
             not
             think
             
               Mr.
               Love
            
             conceived
             it
             under
             that
             notion
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             he
             did
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Were
             you
             not
             spoken
             to
             by
             Cap.
             Massey
             ,
             to
             speak
             to
             Colonel
             Barton
             to
             lend
             money
             ?
          
        
         
           
             Far.
             
          
           
             I
             did
             speak
             to
             him
             .
          
        
         
           
             L.
             Pres
             .
          
           
             What
             was
             that
             ?
          
        
         
           
             Far.
             
          
           
             Ten
             pounds
             ,
             as
             I
             conceived
             ,
             for
             I
             received
             it
             from
             him
             in
             a
             Paper
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             To
             whom
             did
             you
             deliver
             it
             ?
          
        
         
           
             Far.
             
          
           
             To
             Cap.
             
               Massey
               ,
               Masseys
            
             Brother
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Pres
             .
          
           
             You
             received
             it
             from
             Col.
             
               Barton
               ;
               Cap.
               Massey
            
             bid
             you
             speak
             to
             
               Col.
               Barton
            
             for
             a
             sum
             of
             money
             ,
             and
             he
             gave
             it
             to
             you
             ,
             and
             you
             gave
             it
             to
             
               Cap.
               Massey
            
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             the
             money
             ,
             as
             you
             conceived
             ,
             returned
             to
             Massey
             and
             Titus
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             it
             was
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             believe
             it
             was
             desired
             to
             be
             raised
             to
             that
             purpose
             ;
             and
             do
             you
             think
             it
             was
             done
             according
             to
             that
             purpose
             ?
          
        
         
           
             Far.
             
          
           
             I
             do
             not
             know
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Whether
             do
             you
             conceive
             ,
             that
             this
             money
             you
             thus
             brought
             to
             
               Cap.
               Massey
            
             ,
             was
             not
             for
             Massey
             and
             Titus
             ?
          
        
         
           
             Far.
             
          
           
             I
             do
             conceive
             it
             was
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             was
             not
             
               Mr.
               Love
            
             commonly
             at
             your
             meetings
             ;
             and
             whether
             ,
             after
             Drake
             went
             away
             ,
             the
             meetings
             were
             not
             at
             his
             house
             ?
          
        
         
           
             Far.
             
          
           
             I
             met
             with
             
               Mr.
               Love
            
             often
             at
             h●s
             own
             house
             .
          
        
         
           
           
             Att.
             Gen.
             
          
           
             This
             money
             was
             taken
             up
             under
             the
             notion
             of
             a
             charitable
             use
             .
          
        
         
           
             Far.
             
          
           
             I
             do
             conceive
             it
             was
             given
             them
             under
             that
             notion
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Sir
             ,
             He
             gave
             you
             a
             large
             account
             of
             the
             negotiation
             with
             Titus
             ,
             Pray
             ask
             him
             if
             I
             were
             privy
             to
             it
             .
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             so
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             believe
             it
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             You
             say
             the
             copy
             of
             the
             Kings
             letter
             (
             you
             suppose
             )
             that
             was
             brought
             over
             by
             Alford
             ,
             was
             read
             at
             my
             house
             ;
             whether
             did
             I
             hear
             the
             letter
             read
             in
             my
             house
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             you
             did
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Was
             not
             Mr.
             Love
             ,
             when
             the
             letter
             was
             communicated
             ,
             sometimes
             in
             the
             room
             ,
             going
             ,
             and
             coming
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             when
             it
             was
             read
             ,
             but
             I
             say
             he
             was
             there
             during
             some
             part
             of
             the
             communication
             ,
             but
             I
             cannot
             say
             he
             was
             there
             at
             the
             reading
             of
             the
             letter
             .
          
        
         
           
             At.
             Gen.
             
          
           
             These
             are
             good
             questions
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             Love
          
           
             The
             Court
             will
             judge
             of
             that
             .
          
        
         
           
             L.
             Pres
          
           
             But
             do
             you
             not
             conceive
             that
             he
             understood
             the
             contents
             of
             it
             ?
          
        
         
           
             Far.
             
          
           
             I
             do
             conceive
             so
             :
          
        
         
           
             Mr.
             Love
             ▪
             
          
           
             But
             he
             doth
             not
             say
             ,
             it
             was
             so
             .
             He
             said
             there
             was
             a
             Narrative
             read
             from
             Titus
             ,
             I
             desire
             your
             Lordship
             to
             ask
             him
             whether
             I
             was
             present
             whiles
             the
             Narrative
             was
             read
             yea
             ,
             or
             no.
             
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             any
             thing
             to
             that
             ,
             I
             cannot
             swear
             he
             was
             there
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Ask
             him
             whether
             I
             did
             not
             go
             often
             out
             of
             the
             room
             .
          
        
         
           
             Far.
             
          
           
             I
             did
             observe
             that
             when
             Mr.
             Love
             hath
             been
             there
             ,
             he
             hath
             been
             often
             called
             away
             ,
             and
             hath
             been
             absent
             ,
             and
             therefore
             I
             cannot
             say
             such
             a
             thing
             was
             done
             when
             Mr.
             Love
             was
             there
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             He
             hath
             before
             prov'd
             it
             upon
             oath
             ,
             that
             he
             was
             there
             sometimes
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             But
             look
             before
             ,
             and
             he
             said
             ,
             he
             could
             not
             say
             I
             was
             present
             when
             it
             was
             read
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             This
             Narrative
             ,
             whether
             was
             it
             a
             copy
             written
             by
             Alford
             ,
             as
             news
             brought
             over
             ,
             or
             the
             copy
             written
             by
             Titus
             himselfe
             ?
          
        
         
           
             Far.
             
          
           
             Alford
             said
             it
             was
             a
             Narrative
             from
             Titus
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Pray
             ask
             him
             whether
             I
             did
             send
             Alford
             over
             yea
             or
             no
             ,
             or
             agreed
             to
             the
             sending
             of
             him
             over
             .
          
        
         
           
             Far.
             
          
           
             I
             think
             he
             did
             not
             ,
             but
             he
             was
             sent
             by
             
               William
               Drake
            
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             My
             Lord
             ,
             whether
             was
             he
             not
             privy
             to
             it
             ?
             he
             told
             you
             Titus
             his
             letter
             was
             writ
             before
             Alford
             went.
             
          
        
         
           
             Far.
             
          
           
             But
             it
             was
             not
             agreed
             upon
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Titus
             his
             letter
             that
             he
             writ
             ,
             that
             some
             might
             come
             to
             him
             ,
             to
             receive
             an
             account
             of
             him
             ,
             was
             read
             at
             Master
             Loves
             house
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             move
             this
             question
             ,
             because
             Alford
             ,
             who
             was
             the
             man
             sent
             ,
             confessed
             that
             
               William
               Drake
            
             sent
             him
             .
             He
             pretended
             there
             was
             a
             Commission
             read
             in
             my
             house
             ,
             I
             desire
             to
             know
             when
             or
             at
             what
             time
             ,
             whether
             before
             the
             29.
             of
             March
             ,
             1650.
             
          
        
         
           
             Far.
             
          
           
             I
             am
             not
             able
             to
             speak
             to
             the
             time
             ,
             it
             is
             about
             two
             years
             since
             ,
             or
             something
             under
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             desire
             Sir
             ,
             to
             ask
             him
             this
             question
             ,
             whether
             the
             rude
             draught
             written
             by
             
               William
               Drake
            
             ,
             or
             the
             originall
             copy
             was
             sent
             away
             .
          
        
         
           
             Far.
             
          
           
             There
             was
             only
             a
             rude
             draught
             that
             Drake
             read
             ,
             and
             then
             afterwards
             Drake
             was
             to
             draw
             it
             up
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Ask
             him
             whether
             I
             gave
             my
             consent
             to
             the
             sending
             away
             of
             this
             Commission
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             
               Mr.
               Love
            
             was
             there
             when
             it
             was
             sent
             away
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             Mr.
             Love
             make
             any
             protestation
             against
             it
             ?
          
        
         
           
             Far.
             
          
           
             It
             was
             agreed
             by
             all
             ,
             that
             that
             the
             Commission
             could
             not
             be
             sent
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Ask
             him
             ,
             whether
             I
             did
             not
             declare
             in
             the
             Company
             ,
             when
             there
             was
             such
             speech
             of
             commissionating
             ,
             that
             it
             was
             an
             high
             act
             of
             presumption
             for
             private
             persons
             to
             commissionate
             any
             ,
             and
             a
             notorious
             falshood
             ,
             to
             say
             it
             was
             an
             act
             of
             the
             Presbyterians
             ,
             and
             whether
             did
             not
             I
             declare
             my self
             against
             sending
             the
             Commission
             ?
          
        
         
           
             Far.
             
          
           
             I
             did
             say
             ,
             it
             was
             agreed
             upon
             by
             all
             ,
             that
             we
             could
             not
             send
             the
             Commission
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             can
             prove
             ,
             if
             I
             may
             have
             the
             witnesses
             indemnified
             ,
             that
             I
             declared
             against
             any
             Commission
             .
          
        
         
           
             L.
             Pres
             .
          
           
             
               Mr.
               Love
            
             hath
             declared
             then
             he
             knew
             of
             the
             Commission
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             acknowledge
             the
             dis-avowing
             of
             any
             Commission
             ,
             J
             gave
             my
             reasons
             for
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             J
             hope
             you
             will
             remember
             what
             the
             Prisoner
             sayes
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             J
             do
             not
             own
             any
             thing
             about
             concurring
             with
             any
             Commission
             ,
             but
             only
             dis-avowing
             of
             it
             .
             After
             Dunbar
             fight
             ,
             he
             saith
             ,
             he
             came
             late
             ,
             and
             he
             cannot
             tell
             whether
             the
             letter
             was
             read
             at
             my
             house
             ,
             onely
             he
             sayes
             ,
             J
             told
             him
             so
             ;
             and
             whether
             was
             that
             the
             letter
             ,
             or
             a
             copy
             of
             it
             .
          
        
         
           
             Far.
             
          
           
             J
             cannot
             say
             that
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             The
             most
             that
             J
             have
             done
             ,
             is
             but
             to
             receive
             news
             ,
             and
             J
             hope
             J
             shall
             not
             die
             for
             that
             :
             Was
             this
             letter
             of
             Massey
             written
             to
             me
             ?
          
        
         
           
             Far.
             
          
           
             J
             have
             said
             already
             ,
             J
             cannot
             say
             so
             .
          
        
         
           
           
             Mr.
             Love.
             
          
           
             I
             would
             be
             glad
             to
             be
             freed
             in
             Court.
             
          
        
         
           
             L.
             Pres
             .
          
           
             You
             are
             a
             very
             free
             man
             indeed
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             He
             speaks
             of
             a
             sum
             of
             two
             hundred
             and
             fifty
             pounds
             ,
             or
             three
             hundred
             pounds
             ,
             sent
             to
             Massey
             ,
             and
             Titus
             ,
             pray
             ask
             him
             ,
             whether
             I
             did
             agree
             that
             it
             should
             be
             sent
             ?
          
        
         
           
             L.
             Pres
             .
          
           
             Did
             he
             dis-agree
             ?
          
        
         
           
             Far.
             
          
           
             I
             said
             ,
             it
             was
             agreed
             to
             ,
             but
             by
             whom
             ,
             I
             cannot
             say
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             Mr.
             Love
             at
             that
             time
             dis-agree
             ?
          
        
         
           
             Far.
             
          
           
             I
             cannot
             say
             ,
             he
             did
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Did
             I
             move
             Captain
             Far
             ,
             or
             say
             ,
             Captain
             Far
             ,
             will
             you
             contribute
             five
             pounds
             to
             Massey
             ,
             or
             Titus
             ,
             or
             any
             money
             ?
          
        
         
           
             Far.
             
          
           
             You
             asked
             me
             the
             question
             ,
             what
             I
             would
             do
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             But
             for
             Massey
             ,
             and
             Titus
             ?
          
        
         
           
             Far.
             
          
           
             I
             did
             conceive
             ,
             it
             was
             for
             Massey
             ,
             and
             Titus
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             He
             sayes
             ,
             he
             laid
             it
             in
             my
             house
             ,
             and
             he
             so
             far
             justifies
             me
             ,
             that
             he
             cannot
             say
             I
             received
             it
             ,
             and
             God
             is
             my
             witnesse
             ,
             I
             never
             did
             see
             it
             in
             my
             life
             :
             If
             another
             man
             agrees
             to
             receive
             money
             in
             my
             house
             ,
             I
             hope
             the
             Court
             will
             not
             judge
             me
             for
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             It
             is
             an
             easie
             matter
             for
             you
             to
             take
             it
             ,
             and
             convert
             it
             to
             another
             use
             .
          
        
         
           
             Far.
             
          
           
             I
             do
             conceive
             that
             Captain
             Massey
             had
             the
             money
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Now
             you
             clear
             me
             ;
             another
             man
             brings
             the
             money
             ,
             and
             I
             doe
             not
             order
             him
             to
             bring
             it
             ,
             and
             another
             receives
             it
             ,
             and
             not
             I.
             
          
        
         
           Captain
           Far
           withdrawes
           .
        
         
           
             Att.
             Gen.
             
          
           
             Now
             my
             Lord
             ,
             we
             shall
             conclude
             in
             a
             very
             short
             word
             ,
             with
             a
             Minister
             to
             a
             Minister
             .
          
        
         
           Master
           Jackson
           the
           Minister
           is
           called
           into
           the
           Court.
           
        
         
           
             Mr.
             Jakson
             .
          
           
             Sir
             ,
             I
             dare
             not
             swear
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Dare
             you
             testifie
             the
             truth
             ,
             when
             God
             calls
             you
             to
             it
             ?
             for
             God
             will
             appear
             in
             no
             other
             vision
             then
             in
             the
             power
             of
             Magistracy
             .
          
        
         
           
             Mr.
             Jackson
             .
          
           
             I
             dare
             not
             speak
             against
             this
             mans
             life
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Dare
             you
             speak
             the
             truth
             before
             a
             Magistrate
             ?
          
        
         
           
             Mr.
             Jackson
             .
          
           
             That
             that
             I
             say
             is
             this
             ,
             that
             I
             look
             upon
             this
             man
             ,
             as
             a
             man
             very
             precious
             in
             God's
             sight
             ;
             and
             my
             Lord
             ,
             I
             fear
             I
             should
             have
             an
             hell
             in
             my
             conscience
             unto
             my
             dying
             day
             ,
             if
             I
             should
             speak
             any
             thing
             that
             should
             be
             circumstantially
             prejudiciall
             to
             his
             life
             ;
             and
             in
             regard
             of
             these
             terrours
             of
             the
             Lord
             upon
             me
             ,
             I
             dare
             not
             speak
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             think
             all
             the
             Jesuites
             in
             all
             the
             Colledges
             have
             not
             more
             desperate
             evasions
             or
             shifts
             from
             the
             purpose
             then
             these
             men
             have
             .
             My
             Lord
             ,
             you
             now
             see
             what
             a
             desperate
             combination
             here
             is
             ,
             that
             men
             being
             before
             authority
             ,
             and
             in
             the
             face
             of
             Magistracy
             ,
             in
             such
             a
             Court
             as
             this
             is
             ,
             so
             eminent
             in
             the
             presence
             of
             it
             ,
             and
             so
             authorized
             as
             this
             is
             ,
             that
             men
             should
             dare
             to
             dally
             as
             they
             do
             ,
             and
             that
             Ministers
             should
             say
             ,
             they
             dare
             not
             speak
             the
             truth
             ,
             not
             when
             treason
             is
             hatched
             and
             contrived
             ,
             they
             dare
             not
             speak
             the
             truth
             ;
             that
             this
             man
             should
             be
             more
             precious
             ,
             though
             a
             traitour
             ,
             then
             the
             Common-wealth
             which
             should
             be
             preserved
             .
             I
             hope
             we
             shall
             root
             these
             opinions
             out
             ,
             or
             some
             of
             the
             parties
             that
             hold
             them
             :
             that
             I
             will
             say
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Master
             Jackson
             ,
             you
             are
             one
             of
             the
             parties
             in
             these
             meetings
             ,
             you
             have
             been
             at
             their
             meetings
             ,
             and
             we
             require
             nothing
             of
             you
             but
             to
             speak
             the
             truth
             .
             Saint
             Austine
             will
             tell
             you
             ,
             that
             to
             conceal
             a
             truth
             ,
             or
             tell
             a
             lie
             ,
             you
             had
             better
             let
             the
             world
             fall
             about
             your
             ears
             :
             you
             are
             required
             nothing
             but
             to
             speak
             the
             truth
             ,
             and
             will
             you
             say
             this
             truth
             will
             be
             a
             torment
             to
             your
             soul
             ?
             are
             you
             a
             Professour
             of
             Jesus
             Christ
             ,
             a
             Minister
             of
             God
             ?
             the
             great
             errand
             you
             are
             sent
             hither
             about
             ,
             is
             ,
             to
             speak
             the
             truth
             from
             him
             ;
             therefore
             lay
             your
             hand
             upon
             your
             heart
             ,
             and
             do
             as
             becomes
             you
             as
             a
             Christian
             ,
             and
             as
             a
             rationall
             man
             ,
             and
             as
             one
             that
             will
             tell
             truth
             ,
             for
             by
             the
             Truth
             the
             world
             stands
             :
             we
             are
             all
             no
             better
             then
             savage
             men
             ,
             if
             we
             have
             not
             judgement
             to
             tell
             truth
             one
             to
             another
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             Suppose
             Mr.
             Love
             should
             kill
             one
             of
             these
             men
             ,
             (
             that
             doe
             hear
             the
             debate
             )
             in
             the
             presence
             of
             Mr.
             Jackson
             ,
             and
             he
             should
             be
             called
             to
             give
             evidence
             ,
             and
             refuse
             it
             ;
             he
             may
             take
             away
             any
             mans
             life
             ;
             personall
             respects
             should
             be
             set
             aside
             ,
             when
             we
             come
             to
             judgement
             .
             You
             see
             ,
             my
             Lord
             ,
             the
             person
             of
             this
             man
             ,
             how
             it
             is
             preferred
             by
             this
             man.
             That
             which
             is
             the
             truth
             ,
             you
             are
             required
             to
             speak
             ,
             and
             nothing
             else
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Have
             you
             any
             oath
             or
             promise
             among
             your
             combiners
             ,
             to
             be
             secret
             in
             this
             businesse
             ?
          
        
         
           
             Mr.
             Jackson
             .
          
           
             Never
             in
             my
             life
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Pres
             .
          
           
             Will
             you
             take
             your
             oath
             ?
          
        
         
           
             Mr.
             Jackson
             .
          
           
             I
             dare
             not
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Pres
             .
          
           
             What
             is
             your
             reason
             ?
          
        
         
           
           
             Mr.
             Jackson
             .
          
           
             I
             have
             told
             you
             my
             Lord
             ,
             and
             I
             will
             tell
             you
             it
             again
             ,
             I
             am
             a
             man
             of
             a
             troubled
             spirit
             ,
             and
             I
             dare
             not
             do
             any
             thing
             that
             should
             cause
             a
             hell
             in
             my
             conscience
             to
             my
             dying
             day
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Do
             you
             look
             to
             die
             ?
          
        
         
           
             Mr.
             Jackson
             .
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Pres
             .
          
           
             And
             do
             you
             expect
             to
             live
             again
             ?
          
        
         
           
             Mr.
             Jackson
             .
          
           
             I
             trust
             in
             Jesus
             Christ
             I
             shall
             live
             again
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             I
             desire
             your
             Clerk
             may
             be
             commanded
             to
             give
             him
             his
             oath
             ,
             and
             ●e
             required
             to
             take
             it
             .
          
        
         
           The
           Clerk
           tenders
           him
           the
           oath
           .
        
         
           
             L.
             Pres
             .
          
           
             Will
             you
             take
             this
             oath
             ,
             or
             not
             ?
          
        
         
           
             Mr.
             Jackson
             .
          
           
             No
             ▪
             my
             Lord.
             
          
        
         
           
             L.
             Pres
             .
          
           
             Then
             I
             think
             you
             are
             the
             men
             that
             were
             spoken
             of
             before
             ,
             Jesuits
             and
             Priests
             :
             they
             say
             ,
             you
             are
             none
             ,
             but
             you
             are
             their
             brethren
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             these
             go
             beyond
             Jesuits
             ,
             the
             Jesuits
             will
             swear
             with
             a
             reservation
             ,
             and
             these
             will
             not
             swear
             at
             all
             ;
             this
             man
             must
             be
             proceeded
             accordingly
             with
             ,
             for
             if
             this
             be
             allowed
             ,
             I
             conceive
             there
             will
             be
             no
             justice
             in
             England
             .
             And
             in
             respect
             of
             the
             quality
             of
             his
             person
             ,
             function
             ,
             and
             gravity
             ,
             by
             so
             much
             is
             it
             a
             more
             pernicious
             example
             ,
             and
             it
             aggravates
             the
             thing
             every
             way
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Let
             it
             be
             known
             here
             ,
             that
             it
             may
             be
             dispersed
             abroad
             ,
             and
             I
             thinke
             there
             are
             some
             of
             most
             Counties
             of
             England
             .
             And
             this
             air
             is
             gone
             forth
             ,
             this
             very
             plot
             is
             secretly
             spread
             with
             some
             chief
             Ministers
             throughout
             all
             England
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             This
             right
             they
             have
             done
             to
             many
             of
             them
             ,
             that
             I
             believe
             it
             will
             make
             a
             more
             severe
             inquisition
             into
             these
             persons
             ,
             then
             otherwise
             there
             would
             be
             :
             it
             is
             not
             bloud
             that
             is
             look'd
             after
             ,
             but
             confession
             and
             contrition
             .
             I
             am
             glad
             that
             those
             that
             are
             not
             Clergy
             men
             do
             come
             in
             ;
             and
             the
             Clergy
             will
             not
             confesse
             at
             all
             .
          
        
         
           The
           Court
           consults
           a
           while
           .
        
         
           
             L.
             Pres
             .
          
           
             Master
             Jackson
             ,
             For
             your
             refusing
             to
             swear
             ,
             the
             Court
             fineth
             you
             five
             hundred
             pounds
             ,
             and
             imprisonment
             during
             the
             pleasure
             of
             the
             Court.
             
          
        
         
           The
           Keeper
           of
           the
           Fleet
           is
           called
           upon
           ,
           and
           commanded
           to
           take
           him
           into
           custody
           .
        
         
           
             Mr.
             Love.
             
          
           
             My
             Lord
             ,
             I
             have
             some
             motions
             humbly
             to
             make
             to
             this
             Court.
             The
             first
             is
             ,
             to
             intreat
             your
             Lordship
             ,
             and
             the
             rest
             of
             the
             members
             of
             this
             Court
             ,
             that
             if
             I
             have
             let
             fall
             any
             expressions
             through
             inconsideratenesse
             ,
             or
             for
             want
             of
             skill
             in
             the
             Law
             ,
             that
             have
             been
             an
             offence
             either
             to
             your
             Lordship
             ,
             or
             to
             any
             ,
             I
             beseech
             you
             ,
             if
             I
             have
             spoken
             any
             derogating
             expressions
             ,
             or
             made
             any
             unseasonable
             motions
             ,
             that
             you
             would
             impute
             it
             to
             my
             ignorance
             .
          
        
         
           
             L.
             Pres
             .
          
           
             None
             of
             them
             shall
             hurt
             you
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Then
             I
             intreat
             this
             favour
             ,
             that
             I
             may
             have
             counsel
             assigned
             me
             ,
             &
             Soliciters
             here
             in
             Court
             ,
             and
             in
             my
             chamber
             at
             the
             Tower
             ,
             and
             a
             copie
             of
             my
             charge
             ,
             and
             convenient
             time
             ,
             as
             the
             nature
             of
             the
             businesse
             requires
             ,
             my
             charge
             being
             long
             ,
             and
             I
             have
             not
             read
             a
             word
             of
             it
             ,
             nor
             the
             depositions
             :
             that
             I
             may
             have
             ,
             I
             say
             ,
             counsel
             assigned
             me
             ,
             &
             convenient
             time
             to
             bring
             in
             my
             answer
             ;
             &
             I
             am
             confident
             ,
             through
             the
             good
             hand
             of
             God
             upon
             me
             ,
             I
             shall
             clear
             my selfe
             of
             all
             the
             treasons
             charged
             upon
             me
             ,
             and
             of
             all
             their
             aggravations
             ,
             through
             straines
             of
             wit
             ,
             and
             quillets
             of
             law
             ,
             by
             instruments
             of
             State
             ;
             I
             am
             confident
             ,
             I
             shall
             clear
             my
             innocencie
             ,
             that
             I
             shall
             not
             stand
             a
             traitour
             before
             you
             .
          
        
         
           
             L.
             Pres
             .
          
           
             They
             being
             instruments
             of
             State
             ,
             are
             instruments
             of
             God
             ,
             appointed
             by
             the
             State.
             For
             your
             time
             ,
             you
             have
             all
             this
             afternoon
             .
             Are
             you
             not
             ready
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             was
             yesterday
             nine
             houres
             lock'd
             up
             in
             that
             close
             room
             ,
             and
             in
             this
             place
             ,
             and
             I
             could
             not
             read
             one
             word
             last
             night
             ,
             not
             out
             of
             trouble
             of
             mind
             ,
             but
             through
             wearinesse
             ,
             being
             kept
             so
             many
             hours
             in
             the
             Court.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             he
             hath
             had
             a
             fortnights
             notice
             of
             his
             triall
             to
             prepare
             for
             it
             ;
             My
             Lord
             ,
             wee
             have
             been
             two
             dayes
             ,
             and
             by
             the
             course
             of
             proceedings
             ,
             if
             the
             Gentleman
             had
             had
             his
             triall
             by
             a
             Jury
             ,
             both
             must
             have
             been
             dispatched
             in
             one
             day
             .
             We
             are
             appointed
             to
             go
             on
             to
             hear
             his
             defence
             now
             ,
             or
             else
             on
             Munday
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             desire
             a
             convenient
             time
             to
             bring
             in
             my
             witnesses
             ,
             to
             make
             it
             appear
             how
             the
             witnesses
             against
             me
             contradict
             themselves
             ;
             I
             have
             not
             yet
             read
             the
             depositions
             of
             one
             man
             ,
             and
             I
             cannot
             read
             the
             depositions
             by
             Munday
             ,
             and
             to
             morrow
             is
             a
             day
             that
             some
             time
             of
             it
             should
             be
             spent
             in
             other
             imployments
             .
          
        
         
           
             L.
             Pres
             .
          
           
             To
             do
             justice
             ,
             you
             must
             run
             out
             of
             the
             Church
             ,
             and
             though
             you
             were
             at
             your
             prayers
             ,
             you
             must
             
             forsake
             praying
             and
             Sabbaths
             ,
             to
             do
             justice
             ;
             Sir
             ,
             this
             is
             of
             a
             higher
             nature
             then
             all
             your
             preaching
             ,
             and
             praying
             .
          
        
         
           The
           Court
           consults
           a
           while
           together
           .
        
         
           
             L.
             Pres
             .
          
           
             The
             Court
             all
             agree
             to
             give
             you
             till
             Wednesday
             eight
             a
             clock
             in
             the
             morning
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             desire
             that
             I
             may
             have
             counsel
             here
             ,
             and
             in
             my
             chamber
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             have
             shewed
             nothing
             these
             two
             dayes
             ,
             that
             raises
             any
             doubt
             in
             matter
             of
             Law.
             
          
        
         
           
             Mr.
             Love.
             
          
           
             There
             are
             some
             things
             in
             my
             charge
             ,
             that
             I
             doubt
             this
             Court
             cannot
             take
             cognizance
             of
             ,
             something
             in
             those
             acts
             ,
             and
             something
             in
             respect
             of
             the
             time
             .
             It
             is
             matter
             of
             law
             ,
             whether
             the
             act
             speak
             of
             sending
             ,
             or
             receiving
             letters
             ,
             or
             messages
             .
             And
             here
             are
             eight
             witnesses
             come
             in
             ,
             and
             never
             a
             man
             proves
             that
             I
             received
             letter
             ,
             or
             sent
             letter
             ,
             or
             lent
             any
             money
             .
             And
             this
             I
             conceive
             is
             matter
             of
             law
             ,
             whether
             the
             acts
             reach
             ,
             being
             present
             onely
             where
             other
             men
             lay
             down
             money
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             have
             had
             counsell
             ?
          
        
         
           
             Mr.
             Love.
             
          
           
             My
             Lord
             ,
             I
             have
             had
             none
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             For
             counsel
             ,
             you
             are
             to
             send
             him
             none
             ,
             my
             Lord
             ;
             he
             hath
             his
             liberty
             ,
             he
             hath
             recourse
             for
             all
             the
             people
             in
             England
             to
             come
             to
             him
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Counsel
             have
             refused
             to
             come
             to
             me
             ,
             I
             have
             there
             letters
             about
             me
             .
             
               Here
               he
               reads
               the
               letters
               of
               some
               Counsellers
               which
               they
               sent
               to
               him
               to
               the
               Tower
               ,
               declaring
               they
               could
               not
               come
               to
               him
               unlesse
               they
               were
               assigned
               by
               the
               Court.
               
            
          
        
         
           
             Att.
             Gen.
             
          
           
             All
             that
             we
             can
             say
             to
             you
             ,
             is
             ,
             that
             Counsell
             may
             come
             to
             you
             ,
             if
             they
             will.
             
          
        
         
           Master
           Love
           is
           commanded
           away
           ,
           and
           the
           Court
           adjourns
           till
           Wednesday
           .
        
      
       
         
           The
           third
           dayes
           proceedings
           .
           
             
               July
               25.
               1651.
            
             
          
           The
           Court
           is
           set
           ,
           and
           
             Mr.
             Love
          
           is
           commanded
           to
           the
           Bar.
           
        
         
           
             Att.
             Gen.
             
          
           
             Mr.
             Love.
             This
             is
             the
             day
             the
             Court
             hath
             given
             you
             ,
             (
             according
             to
             your
             desire
             )
             to
             make
             your
             defence
             ,
             and
             they
             are
             ready
             to
             hear
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             And
             I
             hope
             those
             directions
             that
             have
             been
             given
             ,
             have
             been
             observed
             ,
             that
             any
             persons
             of
             what
             qualitie
             soever
             ,
             either
             Lawyers
             ,
             or
             others
             that
             came
             to
             you
             ,
             have
             had
             in
             a
             fair
             way
             accesse
             unto
             you
             .
             And
             that
             you
             have
             been
             debarred
             nothing
             that
             the
             Court
             gave
             order
             for
             ;
             if
             there
             have
             been
             any
             impediments
             ,
             we
             will
             do
             our
             best
             to
             have
             them
             taken
             away
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             I
             have
             nothing
             more
             at
             present
             against
             him
             ;
             you
             have
             heard
             that
             whereof
             he
             stands
             accused
             ,
             and
             the
             evidence
             produced
             to
             prove
             it
             :
             and
             my
             Lord
             ,
             I
             hope
             they
             be
             sufficient
             to
             convince
             the
             Gentleman
             ,
             that
             there
             is
             proofe
             against
             him
             for
             these
             facts
             ,
             and
             treasonable
             designes
             ,
             whereof
             he
             stands
             accused
             .
             This
             day
             is
             appointed
             for
             is
             defence
             ,
             if
             he
             think
             fit
             to
             make
             it
             ;
             but
             if
             God
             hath
             otherwise
             wrought
             upon
             his
             heart
             ,
             and
             that
             he
             himself
             is
             convinc'd
             ,
             that
             the
             charge
             against
             him
             is
             proved
             to
             be
             true
             ;
             to
             me
             it
             will
             be
             the
             best
             way
             of
             his
             preservation
             ;
             But
             what
             way
             soever
             he
             thinks
             fit
             to
             take
             ,
             I
             shall
             be
             ready
             to
             go
             along
             with
             him
             in
             it
             ;
             and
             so
             my
             Lord
             ,
             I
             expect
             what
             he
             shall
             say
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             My
             Lord
             ,
             I
             shall
             not
             trouble
             your
             Lordship
             ,
             and
             the
             Court
             ,
             to
             bring
             in
             at
             present
             any
             witnesses
             ,
             to
             testifie
             any
             thing
             that
             might
             invalidate
             that
             testimony
             that
             some
             have
             brought
             in
             against
             me
             ;
             I
             love
             not
             to
             protract
             time
             ,
             but
             I
             should
             betray
             my
             own
             innocencie
             ,
             should
             I
             by
             my
             silence
             lie
             under
             all
             that
             charge
             and
             obloquie
             which
             is
             cast
             upon
             me
             :
             and
             therefore
             ,
             I
             deem
             it
             my
             dutie
             wherein
             I
             can
             ,
             and
             as
             far
             as
             I
             am
             able
             ,
             to
             expresse
             my selfe
             before
             your
             Lordship
             ,
             and
             the
             Court
             ;
             And
             therefore
             I
             humbly
             crave
             leave
             of
             your
             Lordship
             ,
             and
             this
             Court
             ,
             that
             I
             may
             make
             my
             defence
             for
             my
             life
             before
             you
             .
          
           
             Although
             I
             am
             denied
             counsel
             to
             plead
             for
             me
             in
             this
             Court
             ,
             which
             is
             so
             just
             and
             necessary
             a
             means
             for
             the
             preservation
             of
             my
             life
             ,
             yet
             my
             comfort
             is
             that
             of
             the
             Psalmist
             ,
             
             
               My
               defence
               is
               of
               God
               ,
               which
               saveth
               the
               upright
               in
               heart
               ,
               and
               pleadeth
               the
               cause
               of
               his
               servant
               against
               him
               that
               puffeth
               at
               him
               .
            
          
           
             My
             Lord
             ,
             You
             have
             granted
             me
             that
             favour
             ,
             which
             the
             Romans
             did
             to
             Paul
             ,
             that
             he
             might
             answer
             for
             himselfe
             ,
             concerning
             the
             crimes
             laid
             against
             him
             .
          
           
             In
             making
             my
             defence
             ,
             I
             shall
             humbly
             crave
             leave
             to
             proceed
             in
             this
             method
             ,
             To
             speak
             something
             first
             concerning
             the
             charge
             .
             2dly
             ,
             concerning
             the
             witnesses
             and
             their
             testimony
             .
             3dly
             ,
             some
             thing
             concerning
             my selfe
             ;
             and
             then
             Lastly
             ,
             some
             things
             humbly
             to
             propose
             to
             your
             Lordship
             ,
             and
             the
             Court.
             Concerning
             my
             charge
             .
             Mr.
             
               Atturney
               General
            
             hath
             exhibited
             a
             charge
             against
             me
             consisting
             of
             two
             
             parts
             .
             Of
             high
             treason
             ,
             and
             of
             other
             high
             crimes
             and
             offences
             .
             As
             touching
             the
             first
             ,
             comparing
             the
             acts
             which
             the
             State
             hath
             made
             ,
             with
             the
             actions
             which
             my selfe
             have
             done
             ,
             I
             know
             not
             any
             personall
             act
             of
             mine
             ,
             (
             proved
             against
             me
             )
             that
             renders
             me
             guilty
             ,
             as
             to
             treason
             ,
             by
             any
             publick
             act
             of
             your
             Lordships
             ;
             And
             therefore
             I
             pleaded
             the
             generall
             issue
             ,
             Not
             guilty
             ,
             as
             to
             that
             .
          
           
             As
             to
             the
             second
             ,
             my
             Counsell
             ,
             having
             a
             general
             license
             to
             come
             to
             me
             ,
             and
             since
             having
             been
             with
             me
             ;
             they
             have
             acquainted
             me
             that
             presence
             with
             ,
             or
             silence
             at
             what
             my
             accusers
             have
             done
             ,
             this
             renrenders
             me
             culpable
             by
             your
             acts
             .
             And
             therefore
             as
             to
             that
             ,
             I
             shall
             humbly
             commit
             my selfe
             to
             your
             justice
             and
             mercy
             .
          
           
             Concerning
             Sir
             ,
             the
             Charge
             laid
             against
             me
             ,
             I
             can
             safely
             and
             truly
             say
             ,
             I
             am
             charged
             with
             many
             things
             ,
             which
             I
             ought
             not
             ;
             being
             pretended
             to
             be
             done
             before
             the
             Act
             was
             published
             ,
             which
             constitutes
             this
             Court
             ;
             I
             am
             charged
             likewise
             therein
             with
             many
             things
             that
             I
             knew
             not
             ,
             and
             with
             other
             things
             that
             I
             did
             not
             ;
             and
             therefore
             dare
             not
             in
             conscience
             lie
             under
             the
             obloquie
             of
             the
             whole
             charge
             .
             I
             do
             therefore
             in
             generall
             declare
             and
             protest
             against
             what
             is
             mentioned
             in
             the
             charge
             ,
             touching
             the
             raising
             of
             insurrections
             ,
             seditions
             ,
             and
             rebellions
             ;
             I
             may
             say
             in
             that
             regard
             as
             Jeremy
             did
             ,
             I
             desire
             not
             that
             wofull
             day
             ,
             God
             he
             knows
             .
          
           
             To
             the
             other
             particulars
             ,
             to
             wit
             ,
             the
             confederation
             with
             
               Jermine
               ,
               Piercy
            
             ,
             and
             others
             in
             forraign
             parts
             ,
             to
             raise
             forces
             ,
             I
             answer
             ,
             I
             dislike
             the
             very
             mention
             of
             their
             names
             ,
             or
             any
             concurrence
             with
             them
             in
             any
             practise
             of
             such
             a
             nature
             ;
             who
             are
             persons
             ,
             whose
             principles
             are
             so
             contrarient
             to
             religion
             and
             liberty
             .
          
           
             As
             touching
             the
             other
             particulars
             ;
             to
             wit
             ,
             a
             correspondence
             with
             the
             Son
             of
             the
             late
             King
             ,
             the
             Queen
             ,
             Jermine
             ,
             and
             Piercy
             ,
             and
             others
             mentioned
             in
             the
             charge
             ;
             I
             doe
             declare
             before
             you
             ,
             that
             I
             never
             received
             letter
             from
             ,
             nor
             sent
             letter
             to
             any
             of
             them
             ,
             nor
             had
             I
             any
             correspondence
             with
             them
             .
          
           
             There
             are
             other
             things
             in
             the
             charge
             ,
             to
             which
             all
             the
             depositions
             of
             the
             witnesses
             doe
             not
             in
             the
             least
             come
             up
             :
             And
             should
             I
             by
             my
             silence
             ,
             render
             my selfe
             obnoxious
             to
             the
             whole
             ,
             you
             might
             judg
             me
             to
             be
             guilty
             of
             that
             which
             indeed
             I
             am
             not
             guilty
             of
             .
          
           
             I
             observe
             in
             reading
             the
             charge
             ,
             that
             there
             are
             many
             things
             in
             it
             ,
             which
             the
             witnesses
             doe
             not
             in
             the
             least
             speak
             unto
             .
             For
             first
             ,
             None
             of
             them
             swear
             ,
             that
             ever
             I
             writ
             letter
             to
             the
             King
             ,
             or
             to
             the
             Queen
             ,
             his
             mother
             ,
             or
             to
             
               Jermine
               ,
               Piercy
            
             ,
             or
             any
             other
             person
             named
             in
             the
             charge
             ,
             or
             to
             any
             person
             of
             the
             Scottish
             Nation
             ,
             since
             the
             troubles
             began
             .
          
           
             Againe
             ,
             None
             of
             the
             witnesses
             swear
             ,
             that
             ever
             I
             either
             desired
             ,
             or
             perswaded
             ,
             or
             directed
             any
             person
             to
             write
             any
             letter
             to
             any
             persons
             ,
             whose
             names
             are
             mentioned
             in
             the
             charge
             ;
             or
             to
             any
             person
             in
             ,
             or
             of
             the
             Scottish
             Nation
             ;
             Nor
             do
             any
             of
             them
             swear
             ,
             that
             ever
             any
             letter
             was
             written
             in
             my
             house
             :
             but
             that
             onely
             letters
             supposed
             to
             be
             come
             from
             ,
             or
             sent
             to
             the
             Scots
             ,
             were
             read
             there
             ,
             which
             I
             do
             not
             deny
             .
             Again
             ,
             None
             of
             them
             swear
             ,
             that
             ever
             I
             did
             so
             much
             as
             read
             a
             letter
             in
             my
             house
             ,
             or
             other
             where
             ,
             that
             was
             pretended
             to
             come
             from
             the
             Scots
             ,
             or
             pretended
             to
             bee
             sent
             into
             Scotland
             .
             Further
             ,
             None
             swear
             that
             ever
             I
             gave
             my
             expresse
             and
             particular
             assent
             to
             the
             sending
             away
             of
             any
             letter
             .
             And
             none
             swear
             ,
             that
             ever
             I
             collected
             one
             peny
             of
             money
             ,
             either
             for
             the
             King
             ,
             or
             the
             Scots
             ,
             or
             any
             person
             in
             Scotland
             .
             That
             which
             is
             affirmed
             by
             one
             testimony
             ,
             to
             wit
             ,
             by
             Alford
             ,
             that
             I
             moved
             for
             money
             ,
             I
             shall
             answer
             when
             I
             come
             to
             it
             .
             Again
             ,
             None
             of
             the
             witnesses
             prove
             ,
             that
             ever
             I
             invited
             any
             person
             ,
             or
             forraigne
             forces
             ,
             to
             invade
             the
             Nations
             of
             England
             ,
             and
             Ireland
             ,
             which
             yet
             is
             laid
             expresly
             to
             my
             charge
             ,
             in
             the
             charge
             read
             against
             me
             :
             None
             likewise
             prove
             ,
             that
             ever
             J
             plotted
             ,
             contrived
             ,
             or
             endeavoured
             to
             raise
             forces
             ,
             tumults
             ,
             or
             insurrections
             within
             this
             Nation
             ,
             against
             the
             present
             Government
             .
             None
             swear
             ,
             that
             J
             was
             a
             correspondent
             ;
             Jndeed
             Adams
             in
             his
             testimony
             had
             these
             words
             ,
             (
             which
             both
             the
             Notarie
             and
             my selfe
             took
             ,
             )
             that
             he
             took
             me
             to
             be
             a
             correspondent
             :
             but
             when
             J
             had
             your
             Lordships
             ,
             and
             the
             Courts
             leave
             to
             put
             this
             question
             to
             him
             ;
             Whether
             upon
             oath
             he
             would
             affirm
             J
             was
             one
             ?
             His
             answer
             was
             ,
             that
             he
             could
             not
             positively
             say
             J
             was
             so
             ,
             but
             he
             said
             ,
             he
             did
             conceive
             J
             was
             a
             correspondent
             ,
             but
             did
             not
             say
             J
             was
             so
             .
             So
             that
             Sir
             ,
             as
             to
             these
             particlars
             ,
             there
             are
             none
             of
             the
             eight
             witnesses
             ,
             (
             neither
             the
             seaven
             ,
             that
             have
             been
             sworn
             ,
             nor
             yet
             Master
             Jaquel
             ,
             whom
             J
             doe
             not
             take
             to
             be
             under
             an
             oath
             ,
             )
             that
             doe
             charge
             any
             of
             these
             particulars
             upon
             me
             .
          
           
             J
             have
             a
             word
             also
             to
             speak
             concerning
             the
             witnesses
             ,
             who
             are
             my
             accusers
             ,
             and
             J
             might
             say
             ,
             there
             is
             an
             incompetency
             in
             them
             ,
             as
             to
             their
             number
             .
             There
             are
             many
             particulars
             sworn
             against
             me
             ,
             to
             which
             but
             one
             witnesse
             hath
             sworn
             to
             one
             fact
             ;
             and
             this
             J
             shall
             humbly
             offer
             to
             your
             Lordships
             
             and
             the
             Courts
             consideration
             .
             J
             might
             alledge
             also
             an
             incompetencie
             ,
             as
             to
             their
             quality
             ,
             they
             are
             not
             onely
             persons
             accused
             of
             treason
             ,
             and
             so
             are
             not
             to
             be
             believed
             ,
             but
             they
             have
             made
             an
             open
             confession
             of
             that
             which
             is
             treason
             by
             your
             Act
             ,
             and
             so
             are
             not
             
               legales
               testes
            
             .
             They
             have
             done
             that
             by
             an
             open
             confession
             ,
             which
             as
             J
             am
             informed
             ,
             is
             equivalent
             to
             a
             conviction
             ;
             they
             have
             confest
             ,
             sending
             of
             letters
             ,
             receiving
             of
             letters
             ,
             and
             lending
             of
             money
             .
             But
             they
             have
             proved
             none
             of
             these
             things
             against
             me
             .
             Now
             they
             having
             both
             given
             it
             under
             their
             hands
             ,
             and
             also
             publickly
             declared
             that
             they
             have
             done
             these
             things
             ,
             I
             cannot
             judge
             them
             competent
             witnesses
             against
             me
             ;
             but
             this
             I
             must
             leave
             to
             the
             Courts
             consideration
             .
          
           
             Sir
             ,
             Concerning
             the
             incompetency
             of
             their
             number
             ,
             To
             that
             wherein
             two
             witnesses
             doe
             concurre
             ,
             I
             am
             concluded
             .
             And
             wherein
             they
             have
             testified
             any
             thing
             true
             ,
             I
             would
             not
             deny
             it
             for
             all
             the
             world
             ,
             and
             wherein
             they
             agree
             in
             their
             testimony
             in
             a
             truth
             ,
             therein
             I
             will
             be
             candid
             ,
             and
             ingenuous
             to
             acknowledge
             it
             .
          
           
             My
             Lord
             ,
             Though
             the
             Charge
             be
             long
             ,
             and
             my
             time
             but
             short
             ,
             and
             the
             depositions
             many
             sheets
             of
             paper
             ,
             (
             and
             truely
             I
             could
             hardly
             read
             them
             over
             ,
             till
             late
             last
             night
             )
             yet
             through
             the
             good
             hand
             of
             God
             upon
             me
             ,
             I
             shall
             labour
             to
             make
             as
             plaine
             and
             clear
             a
             defence
             as
             God
             shall
             enable
             me
             .
          
           
             Sir
             ,
             In
             reading
             over
             the
             charge
             ,
             I
             observe
             ,
             that
             those
             things
             which
             seem
             most
             criminall
             against
             me
             ,
             are
             sworn
             to
             ,
             but
             by
             single
             testimony
             ,
             and
             I
             will
             mention
             with
             your
             Lordships
             leave
             a
             few
             particulars
             .
          
           
             First
             ,
             Touching
             the
             letters
             ,
             said
             to
             be
             from
             Titus
             ,
             the
             effect
             of
             it
             being
             as
             was
             said
             ,
             to
             desire
             some
             to
             come
             over
             to
             Calice
             ,
             that
             he
             might
             give
             them
             information
             touching
             affaires
             at
             Jersey
             ,
             none
             but
             Far
             swears
             that
             ,
             this
             letter
             was
             read
             in
             my
             house
             .
             The
             other
             witnesses
             ,
             some
             say
             ,
             it
             was
             read
             in
             one
             place
             ,
             and
             some
             in
             another
             ;
             Alford
             ,
             I
             remember
             ,
             he
             sayes
             ,
             he
             heard
             it
             from
             
               William
               Drake
            
             ,
             and
             Adams
             sayes
             ,
             it
             was
             read
             in
             
               William
               Drakes
            
             house
             ,
             but
             none
             but
             Far
             swears
             it
             was
             read
             in
             my
             house
             .
             There
             is
             likewise
             none
             but
             Far
             swears
             ,
             that
             Major
             Alford
             was
             desired
             in
             my
             house
             to
             go
             to
             Calice
             to
             Titus
             ,
             neither
             Jaquel
             ,
             nor
             Potter
             ,
             nor
             Alford
             ,
             nor
             Adams
             ,
             nor
             any
             of
             the
             rest
             lay
             this
             to
             my
             charge
             ;
             it
             is
             onely
             Far
             ,
             that
             layes
             this
             to
             my
             charge
             ,
             and
             he
             doth
             it
             most
             untruly
             ,
             which
             I
             will
             make
             out
             unto
             you
             by
             an
             undeniable
             demonstration
             .
          
           
             He
             says
             ,
             that
             at
             a
             meeting
             at
             my
             house
             ,
             the
             company
             did
             desire
             Major
             Alford
             to
             go
             to
             Calice
             .
             Now
             if
             your
             Lordship
             observes
             Alfords
             testimony
             ,
             he
             tels
             you
             upon
             oath
             ,
             that
             he
             was
             never
             in
             my
             house
             ,
             till
             after
             he
             came
             from
             Calice
             ,
             nor
             ever
             spake
             with
             me
             in
             my
             life
             ,
             till
             after
             he
             came
             from
             Calice
             ,
             therefore
             could
             not
             be
             desired
             in
             my
             house
             to
             go
             to
             Calice
             .
             So
             that
             Sir
             ,
             I
             will
             not
             lay
             it
             upon
             the
             badnesse
             of
             Far
             's
             conscience
             ,
             but
             upon
             the
             badnesse
             of
             his
             memory
             .
             I
             do
             not
             think
             he
             is
             such
             an
             Atheist
             ,
             to
             swear
             falsly
             deliberately
             ,
             but
             being
             ask'd
             so
             many
             questions
             as
             he
             was
             ,
             for
             he
             was
             ask'd
             fourscore
             and
             eighteen
             questions
             by
             Mr.
             Atturney
             ,
             and
             some
             of
             the
             Court
             ,
             he
             might
             easily
             say
             ,
             he
             knew
             not
             what
             .
          
           
             And
             I
             saw
             the
             man
             was
             confounded
             ,
             and
             it
             was
             hinted
             to
             him
             what
             to
             say
             ,
             by
             the
             help
             of
             the
             papers
             ,
             and
             examinations
             taken
             from
             him
             in
             private
             ,
             and
             shewed
             to
             him
             in
             publick
             ;
             so
             that
             Sir
             ,
             I
             saw
             the
             man
             under
             a
             temptation
             .
             I
             was
             loth
             to
             mention
             this
             then
             ,
             though
             I
             knew
             his
             testimony
             herein
             to
             be
             be
             false
             ,
             because
             I
             would
             not
             anticipate
             my
             last
             answer
             .
          
           
             A
             3d
             particular
             charged
             upon
             me
             by
             one
             witnesse
             onely
             is
             a
             copie
             of
             a
             letter
             ,
             (
             not
             the
             Originall
             ,
             none
             swears
             that
             )
             that
             Alford
             received
             from
             Titus
             ,
             and
             he
             told
             him
             ,
             it
             was
             a
             copie
             of
             a
             letter
             from
             the
             King.
             Now
             Far
             he
             swears
             that
             the
             substance
             of
             the
             letter
             was
             to
             desire
             Commissioners
             to
             bee
             sent
             over
             to
             Bredah
             ,
             at
             the
             Treaty
             there
             ;
             now
             Alford
             ,
             who
             pretended
             to
             receive
             this
             letter
             from
             Titus
             ,
             being
             ask'd
             the
             question
             ,
             he
             swears
             that
             there
             was
             no
             such
             thing
             in
             the
             letter
             ,
             that
             he
             knew
             of
             .
             Now
             truely
             ,
             if
             any
             did
             know
             the
             contents
             of
             that
             copie
             of
             a
             letter
             ,
             it
             must
             be
             Alford
             ,
             who
             brought
             it
             over
             ;
             I
             beseech
             your
             Lordship
             therefore
             to
             consider
             it
             ,
             and
             though
             the
             charge
             against
             me
             be
             very
             high
             ,
             and
             my
             condition
             very
             low
             ,
             and
             the
             opposition
             against
             me
             very
             great
             ,
             yet
             I
             hope
             I
             am
             in
             the
             hands
             of
             mercifull
             and
             just
             men
             ,
             and
             that
             wherein
             you
             see
             but
             single
             testimonies
             ,
             that
             therein
             you
             would
             be
             very
             tender
             in
             proceeding
             to
             a
             sentence
             against
             me
             upon
             those
             testimonies
             .
          
           
             Again
             ,
             in
             the
             next
             place
             ,
             I
             observe
             a
             single
             testimony
             only
             in
             another
             businesse
             ,
             and
             that
             is
             Major
             Alford
             ;
             none
             but
             he
             of
             all
             the
             witnesses
             ,
             did
             swear
             that
             it
             was
             agreed
             upon
             among
             us
             ,
             that
             is
             ,
             at
             my
             house
             ,
             That
             a
             commission
             ,
             and
             instructions
             should
             be
             sent
             over
             to
             the
             Lord
             Willoughby
             of
             
               Parham
               ,
               Massey
               ,
               Titus
            
             ,
             and
             Alderman
             Bunce
             ;
             none
             ,
             I
             say
             ,
             but
             Alford
             swore
             this
             ;
             Adams
             indeed
             ,
             swore
             that
             there
             was
             a
             motion
             that
             this
             should
             be
             ,
             and
             Huntington
             swore
             this
             ,
             that
             Mr.
             Love
             should
             say
             ,
             Come
             ,
             come
             ,
             let
             it
             go
             ,
             (
             to
             which
             I
             shall
             answer
             when
             I
             come
             to
             it
             .
             )
             But
             Far
             said
             expresly
             ,
             three
             times
             in
             Court
             ,
             being
             
             upon
             oath
             also
             ,
             That
             all
             the
             Company
             were
             against
             sending
             away
             the
             Commission
             :
             And
             Alford
             he
             onely
             swears
             ,
             that
             the
             Commission
             was
             agreed
             upon
             .
          
           
             I
             hope
             your
             Lordship
             ,
             and
             the
             Court
             ,
             will
             judge
             which
             of
             these
             to
             believe
             ,
             and
             for
             Alfords
             affirming
             that
             it
             was
             agreed
             upon
             among
             us
             ,
             I
             am
             sure
             ,
             if
             he
             had
             any
             conscience
             ,
             he
             could
             not
             say
             that
             I
             agreed
             to
             it
             .
             I
             will
             not
             deny
             (
             now
             witnesses
             have
             proved
             it
             )
             but
             that
             I
             was
             present
             .
             But
             I
             did
             expresse
             my selfe
             against
             the
             Commission
             and
             instructions
             ,
             as
             being
             an
             act
             of
             high
             presumption
             ,
             for
             private
             persons
             to
             send
             commissions
             and
             instructions
             ;
             and
             as
             being
             an
             act
             of
             notorious
             falshood
             ,
             that
             it
             should
             run
             in
             the
             name
             of
             the
             Presbyterian
             partie
             ;
             when
             none
             did
             know
             any
             thing
             of
             it
             ,
             that
             I
             know
             of
             ,
             but
             onely
             those
             that
             were
             then
             in
             the
             room
             ;
             and
             I
             beseech
             your
             Lordship
             ,
             and
             the
             Court
             ,
             to
             consider
             that
             this
             is
             not
             onely
             a
             single
             testimony
             ,
             but
             that
             it
             is
             said
             to
             be
             done
             in
             the
             year
             1649.
             a
             great
             while
             ago
             ,
             my
             Lord
             :
             And
             so
             the
             businesse
             of
             Titus
             ,
             if
             it
             had
             been
             true
             ,
             was
             done
             some
             time
             before
             that
             ;
             so
             that
             Sir
             ,
             it
             being
             done
             before
             the
             Act
             of
             the
             26th
             of
             March
             ,
             1650.
             which
             constitutes
             this
             Court
             ,
             herein
             I
             hope
             it
             will
             not
             be
             deemed
             criminall
             ,
             if
             I
             had
             agreed
             to
             ,
             and
             approved
             of
             the
             Commission
             ,
             which
             I
             never
             did
             .
             Another
             particular
             ,
             to
             which
             I
             observe
             ,
             there
             is
             but
             a
             single
             testimony
             ,
             which
             is
             Alford
             also
             ;
             he
             swore
             ,
             that
             at
             a
             meeting
             at
             my
             house
             ,
             I
             moved
             for
             contribution
             of
             money
             to
             Titus
             :
             None
             swore
             this
             ,
             but
             onely
             he
             ,
             Adams
             swore
             ,
             I
             took
             pen
             and
             ink
             in
             my
             hand
             ,
             but
             he
             knowes
             not
             what
             I
             writ
             :
             others
             swore
             that
             I
             was
             sometimes
             present
             at
             the
             meeting
             ,
             but
             none
             but
             Alford
             swore
             that
             I
             moved
             at
             a
             meeting
             for
             contribution
             of
             money
             .
             Now
             Sir
             ,
             as
             to
             that
             it
             is
             but
             a
             single
             testimony
             ;
             and
             if
             it
             were
             true
             ,
             I
             do
             not
             deem
             it
             comes
             under
             the
             Act
             ,
             because
             the
             Act
             (
             of
             which
             I
             was
             ignorant
             ,
             till
             the
             day
             I
             heard
             it
             here
             in
             Court
             )
             of
             the
             second
             of
             August
             ,
             1650
             ,
             That
             Act
             doth
             adjudge
             this
             to
             be
             treason
             ,
             to
             wit
             ,
             
               The
               sending
               ,
               or
               causing
               to
               be
               sent
               money
               ,
               horses
               ,
               or
               armes
               ,
               into
               Scotland
               .
            
             Now
             Sir
             ,
             if
             it
             had
             been
             true
             ,
             which
             this
             witnesse
             deposeth
             ,
             That
             I
             at
             a
             meeting
             did
             move
             ▪
             for
             money
             ,
             yet
             he
             proves
             not
             against
             me
             ,
             that
             ever
             I
             received
             or
             sent
             away
             a
             penny
             ;
             and
             if
             I
             had
             moved
             it
             ,
             that
             had
             neither
             been
             a
             sending
             away
             of
             money
             into
             Scotland
             ,
             nor
             a
             causing
             of
             money
             to
             be
             sent
             away
             ;
             and
             so
             brings
             me
             not
             as
             to
             treason
             under
             your
             act
             .
          
           
             Another
             thing
             ,
             unto
             which
             onely
             a
             particular
             witnesse
             swore
             ;
             to
             wit
             ,
             Far
             ,
             is
             ,
             that
             I
             moved
             him
             particularly
             to
             contribute
             money
             ;
             he
             chargeth
             not
             this
             at
             a
             meeting
             ,
             as
             Alford
             doth
             ;
             for
             he
             sayes
             ,
             he
             came
             in
             late
             ,
             but
             saith
             that
             it
             was
             a
             personall
             motion
             to
             him
             alone
             ;
             and
             he
             doth
             not
             say
             ,
             that
             I
             moved
             him
             for
             money
             ,
             for
             Massey
             and
             Titus
             ,
             but
             that
             I
             onely
             ask'd
             him
             this
             question
             ,
             Captain
             Far
             ,
             what
             will
             you
             do
             ?
             And
             if
             your
             Lordship
             consider
             it
             ,
             and
             that
             your
             Notaries
             have
             taken
             right
             ,
             you
             shall
             find
             that
             to
             be
             his
             answer
             ,
             which
             I
             shall
             answer
             when
             I
             come
             to
             it
             ;
             and
             thereupon
             he
             confesses
             ,
             he
             brought
             five
             pounds
             to
             my
             house
             ,
             but
             he
             doth
             not
             tell
             you
             that
             I
             received
             it
             ,
             and
             God
             is
             my
             witnesse
             ,
             I
             never
             saw
             it
             ,
             nor
             received
             it
             ,
             nor
             did
             I
             give
             any
             directions
             about
             it
             ;
             but
             as
             Far
             was
             going
             out
             of
             the
             Court
             ,
             he
             named
             Captain
             Massey
             ,
             the
             person
             which
             hee
             thought
             received
             the
             money
             ;
             for
             which
             hee
             was
             rebuked
             by
             some
             that
             were
             by
             him
             ,
             that
             so
             the
             greater
             odium
             might
             lie
             upon
             me
             ;
             as
             if
             because
             the
             money
             being
             brought
             to
             my
             house
             ,
             I
             must
             needs
             therefore
             receive
             it
             ;
             his
             name
             ,
             as
             I
             am
             informed
             ,
             that
             rebuk'd
             him
             for
             declaring
             ,
             who
             received
             it
             ,
             is
             Captain
             Bishop
             ;
             so
             that
             they
             would
             insinuate
             into
             your
             breasts
             ,
             who
             are
             my
             judges
             (
             who
             I
             hope
             will
             be
             conscientious
             )
             That
             it
             was
             I
             that
             received
             the
             money
             ,
             when
             the
             witnesse
             meant
             honestly
             ,
             that
             another
             received
             it
             ;
             but
             if
             I
             had
             received
             it
             ,
             or
             moved
             for
             it
             ,
             yet
             he
             is
             but
             a
             single
             testimony
             to
             that
             particular
             .
             Again
             ,
             in
             reading
             the
             depositions
             ,
             I
             take
             notice
             that
             there
             is
             onely
             a
             single
             testimony
             to
             those
             words
             ;
             (
             upon
             the
             reading
             ;
             reading
             I
             cannot
             say
             ,
             for
             I
             never
             read
             it
             ;
             upon
             the
             hearing
             some
             papers
             read
             ,
             supposed
             to
             be
             a
             commission
             )
             that
             Huntington
             swore
             ,
             that
             I
             should
             say
             ,
             
               Come
               ,
               come
               ,
               let
               it
               go
               .
            
             Those
             were
             his
             words
             ;
             but
             the
             other
             who
             were
             there
             present
             ,
             two
             or
             three
             of
             them
             being
             ask'd
             whether
             they
             heard
             me
             speak
             such
             words
             ,
             they
             all
             of
             them
             denied
             that
             they
             heard
             any
             such
             words
             .
             Now
             truely
             ,
             this
             Huntington
             is
             a
             man
             whose
             face
             I
             never
             saw
             before
             that
             day
             ,
             nor
             since
             ,
             till
             I
             saw
             him
             here
             in
             the
             Court
             ;
             and
             if
             I
             had
             known
             that
             a
             businesse
             of
             any
             dangerous
             nature
             had
             been
             come
             to
             my
             house
             ,
             which
             I
             did
             not
             ;
             (
             for
             I
             knew
             no
             more
             of
             it
             ,
             then
             any
             here
             present
             ,
             before
             Drake
             took
             the
             papers
             out
             of
             his
             pocket
             ,
             which
             Huntington
             confesses
             were
             written
             in
             characters
             ,
             and
             read
             by
             Drake
             ,
             )
             I
             should
             have
             been
             accounted
             a
             very
             indiscreet
             man
             ,
             to
             speak
             any
             such
             words
             in
             the
             presence
             of
             a
             man
             whose
             face
             I
             never
             saw
             before
             .
             And
             for
             those
             words
             ,
             that
             I
             should
             say
             ,
             
               Come
               ,
               come
               ,
               let
               it
               go
               .
               I
            
             hope
             your
             Lordship
             ,
             and
             the
             Court
             ,
             will
             be
             satisfied
             ,
             that
             I
             never
             spake
             any
             such
             words
             ;
             as
             to
             the
             commission
             and
             instructions
             ,
             for
             then
             I
             should
             have
             contradicted
             my self
             in
             one
             breath
             .
             For
             at
             the
             same
             time
             ,
             I
             had
             spoke
             against
             it
             .
          
           
           
             Again
             ,
             I
             observe
             in
             the
             depositions
             ,
             None
             but
             Adams
             affirms
             that
             there
             was
             a
             Letter
             ,
             which
             sayes
             he
             ;
             
               was
               declared
               to
               be
               directed
               to
               the
               Generall
               Assembly
               of
               Scotland
               .
            
             He
             doth
             not
             swear
             it
             was
             directed
             to
             the
             General
             Assembly
             ,
             but
             that
             it
             was
             declared
             to
             be
             so
             ,
             and
             so
             swears
             by
             hear
             say
             :
             None
             but
             he
             (
             I
             say
             )
             affirmes
             upon
             oath
             ,
             that
             at
             my
             house
             there
             was
             a
             Letter
             read
             which
             was
             declared
             to
             be
             directed
             to
             the
             General
             Assembly
             .
             And
             he
             says
             further
             ,
             He
             thought
             this
             Letter
             was
             pend
             by
             Master
             Love
             ,
             or
             D.
             Drake
             .
             But
             I
             beseech
             your
             Lordship
             and
             the
             Court
             to
             consider
             by
             what
             reason
             he
             did
             conceive
             this
             ,
             and
             I
             hope
             your
             Lordship
             will
             distinguish
             between
             a
             positive
             assertion
             ,
             and
             a
             conjectural
             supposition
             .
             For
             being
             ask'd
             why
             he
             conceived
             so
             ?
             I
             conceive
             so
             ,
             says
             he
             ,
             because
             of
             the
             language
             of
             it
             ;
             as
             if
             he
             that
             never
             saw
             any
             Letter
             of
             mine
             ,
             to
             know
             that
             poor
             and
             low
             stile
             I
             write
             in
             ,
             should
             conceive
             that
             either
             I
             ,
             or
             that
             other
             Gentlemen
             named
             ,
             should
             pen
             that
             Letter
             ,
             meerly
             because
             of
             the
             language
             of
             it
             ;
             it
             being
             (
             he
             said
             )
             in
             order
             to
             promote
             the
             ends
             of
             the
             Covenant
             .
             I
             hope
             the
             Court
             will
             judge
             of
             the
             insufficiency
             of
             this
             evidence
             ;
             and
             were
             it
             never
             so
             clear
             ,
             yet
             as
             to
             that
             particular
             ,
             it
             is
             but
             one
             testimony
             .
          
           
             Again
             ,
             None
             but
             Adams
             sware
             concerning
             a
             large
             Letter
             ,
             that
             for
             my
             part
             I
             never
             knew
             of
             ,
             till
             the
             day
             he
             affirmed
             it
             here
             in
             Court.
             A
             large
             letter
             ,
             he
             sayes
             ,
             in
             the
             Nature
             of
             a
             declaration
             ,
             pend
             as
             he
             thought
             ,
             by
             Master
             Love
             ,
             or
             Doctor
             Drake
             ,
             wherein
             it
             should
             be
             said
             ,
             that
             they
             could
             not
             send
             mony
             ,
             till
             the
             Scots
             did
             appear
             more
             considerable
             ,
             and
             grew
             nearer
             to
             Action
             .
             Yet
             he
             confesses
             he
             had
             no
             ground
             to
             say
             ,
             Master
             Love
             pend
             it
             .
             And
             indeed
             ,
             he
             had
             not
             .
             But
             Sir
             ,
             as
             for
             this
             letter
             ,
             though
             I
             durst
             not
             for
             a
             world
             deny
             any
             thing
             which
             I
             know
             to
             be
             true
             ;
             Yet
             God
             is
             my
             record
             ▪
             to
             any
             knowledg
             ,
             I
             never
             so
             much
             as
             heard
             any
             mention
             of
             it
             .
             And
             as
             for
             these
             words
             he
             speaks
             of
             to
             be
             in
             the
             Letter
             ,
             I
             know
             nothing
             at
             all
             of
             them
             .
             Nor
             did
             I
             ever
             hear
             them
             ,
             as
             I
             know
             of
             ,
             till
             I
             heard
             him
             affirm
             them
             here
             in
             Court.
             
          
           
             But
             if
             it
             had
             been
             so
             ,
             yet
             he
             is
             but
             a
             single
             testimony
             ,
             and
             I
             beseech
             your
             Lordship
             to
             consider
             that
             he
             says
             it
             was
             to
             this
             effect
             ,
             or
             this
             was
             the
             substance
             of
             it
             .
             Now
             I
             hope
             ,
             so
             many
             Grave
             Judges
             and
             Lawyers
             that
             sit
             upon
             my
             life
             ,
             and
             so
             many
             conscientious
             men
             ,
             will
             be
             tender
             of
             a
             mans
             bloud
             ,
             when
             a
             man
             shall
             come
             in
             with
             evidence
             ,
             and
             shall
             shew
             neither
             my
             hand
             ,
             nor
             the
             letter
             ,
             nor
             the
             Originall
             ,
             neither
             copy
             ,
             nor
             transcript
             ,
             nor
             any
             thing
             but
             the
             vain
             rovings
             of
             a
             mans
             memory
             in
             things
             spoken
             or
             done
             so
             long
             ago
             :
             And
             that
             a
             man
             shall
             come
             in
             against
             a
             mans
             life
             ,
             and
             shall
             only
             say
             ,
             that
             this
             was
             the
             summ
             or
             substance
             of
             it
             ,
             or
             it
             was
             to
             this
             effect
             :
             And
             I
             being
             a
             Divine
             ,
             I
             shal
             not
             speak
             as
             to
             matter
             of
             Law
             ,
             that
             this
             is
             insufficient
             testimony
             ,
             but
             as
             a
             Scholer
             ,
             and
             one
             that
             studies
             the
             Scriptures
             ,
             I
             shall
             observe
             one
             memorable
             instance
             that
             pleads
             my
             justification
             in
             this
             particular
             ▪
             and
             they
             are
             the
             words
             of
             Christ
             ;
             Christ
             said
             ,
             
               Destroy
               ye
               this
               Temple
               ,
               and
               in
               three
               dayes
               I
               will
               raise
               it
               up
            
             :
             Now
             the
             Scripture
             in
             Mark
             ,
             says
             ,
             
             
               There
               arose
               certaine
               and
               bare
               false
               witnesse
               against
               Christ●
               saying
               ,
               we
               heard
               him
               say
               ,
               I
               will
               destroy
               this
               temple
               ,
               &c.
               
            
          
           
             I
             beseech
             your
             Lordship
             to
             consider
             ,
             that
             in
             this
             testimony
             of
             the
             false
             witnesses
             against
             Christ
             ,
             there
             is
             only
             the
             variation
             of
             a
             word
             ,
             and
             the
             addition
             of
             a
             letter
             ;
             there
             is
             the
             addition
             of
             a
             letter
             ,
             I
             ,
             and
             the
             alteration
             of
             the
             word
             ye
             for
             will
             ,
             (
             there
             's
             all
             )
             for
             Christ
             did
             not
             say
             I
             will
             destroy
             ,
             but
             ,
             destroy
             ye
             ,
             and
             yet
             the
             Scripture
             takes
             notice
             of
             it
             ,
             that
             this
             addition
             of
             a
             letter
             ,
             and
             alteration
             of
             a
             word
             ,
             brought
             his
             accusers
             under
             a
             false
             testimony
             ;
             though
             they
             spake
             according
             to
             their
             intention
             ,
             for
             they
             did
             verily
             beleeve
             he
             spake
             of
             the
             Temple
             ,
             for
             they
             said
             ,
             Forty
             years
             was
             it
             in
             building
             .
             So
             that
             I
             beseech
             you
             be
             tender
             in
             matters
             of
             blood
             ;
             I
             know
             you
             who
             are
             skilfull
             in
             the
             law
             do
             know
             that
             the
             proof
             of
             treason
             must
             be
             as
             cleer
             as
             the
             Sun
             ,
             
               Probationes
               opportent
               esse
               luce
               clariores
            
             .
             Now
             when
             a
             man
             shal
             come
             against
             a
             mans
             life
             ,
             and
             cannot
             shew
             any
             letter
             that
             ever
             he
             wrote
             ,
             or
             that
             ever
             he
             did
             receive
             ;
             but
             shall
             only
             swear
             it
             was
             to
             this
             effect
             or
             to
             this
             purpose
             ,
             or
             I
             beleeve
             this
             was
             the
             substance
             of
             it
             ,
             I
             hope
             you
             are
             so
             wise
             and
             consciencious
             ,
             that
             you
             will
             passe
             no
             judgement
             upon
             this
             conjecturall
             evidence
             .
          
           
             Another
             particular
             ,
             to
             which
             only
             one
             witnesse
             testifies
             ;
             and
             that
             is
             Adams
             ,
             he
             swears
             that
             I
             should
             say
             ,
             that
             if
             the
             Presbyterians
             were
             in
             Armes
             ,
             by
             the
             blessing
             of
             God
             ,
             malignants
             might
             bee
             prevented
             from
             getting
             the
             Day
             .
             Truly
             ,
             I
             do
             not
             know
             what
             crime
             is
             in
             these
             words
             ,
             but
             as
             they
             may
             be
             wrested
             .
             But
             Sir
             ,
             I
             do
             remember
             that
             this
             Adams
             hath
             often
             come
             to
             my
             house
             ;
             he
             said
             ,
             seven
             or
             eight
             times
             ;
             he
             might
             have
             said
             ,
             seven
             and
             twenty
             times
             :
             for
             he
             hath
             come
             some
             times
             once
             or
             twice
             a
             week
             to
             my
             house
             ,
             to
             tempt
             me
             (
             as
             I
             now
             perceive
             )
             and
             hath
             offered
             me
             mony
             :
             and
             would
             ask
             mee
             whether
             I
             knew
             any
             thing
             for
             a
             publick
             use
             that
             might
             require
             money
             .
             And
             though
             I
             never
             suspected
             him
             ,
             yet
             so
             free
             am
             I
             from
             maintaining
             correspondencie
             ,
             or
             from
             having
             intelligence
             ,
             or
             contributing
             
             of
             money
             to
             maintain
             a
             war
             ,
             That
             I
             never
             received
             one
             peny
             of
             him
             in
             my
             life
             ,
             though
             I
             have
             been
             moved
             to
             it
             by
             him
             :
             But
             I
             remember
             ,
             of
             late
             especially
             ,
             about
             a
             quarter
             of
             a
             yeer
             before
             I
             was
             in
             prison
             ,
             hee
             would
             come
             once
             or
             twice
             a
             week
             to
             my
             house
             ,
             and
             he
             pretended
             that
             he
             was
             wrought
             upon
             by
             me
             ,
             and
             that
             I
             had
             turned
             him
             from
             his
             malignant
             principles
             ;
             for
             he
             was
             very
             violent
             for
             Hamilton's
             invasion
             of
             England
             ,
             which
             I
             was
             ,
             and
             to
             this
             day
             am
             against
             ;
             and
             I
             did
             labour
             to
             possesse
             him
             what
             a
             mischievous
             design
             that
             was
             :
             And
             so
             he
             pretended
             to
             be
             turned
             to
             my
             principles
             ,
             and
             upon
             this
             got
             some
             room
             in
             my
             affections
             ;
             but
             these
             words
             were
             not
             above
             a
             fortnight
             before
             I
             was
             committed
             to
             prison
             :
             and
             I
             remember
             ,
             the
             occasion
             of
             them
             was
             this
             ;
             I
             was
             bewailing
             the
             great
             alienation
             and
             difference
             that
             there
             was
             between
             the
             Presbyterian
             and
             Independent
             partie
             (
             though
             I
             do
             not
             love
             names
             of
             distinction
             )
             and
             indeed
             ,
             thus
             I
             said
             ,
             That
             if
             the
             godly
             party
             ,
             that
             are
             now
             disunited
             and
             disjoyned
             ,
             both
             of
             the
             dissenting
             and
             the
             Presbyterian
             way
             ,
             were
             in
             arms
             ,
             there
             were
             no
             hopes
             that
             ever
             the
             Malignants
             should
             get
             the
             day
             .
             And
             God
             is
             my
             record
             ,
             I
             spake
             nothing
             to
             him
             but
             to
             this
             purpose
             .
             And
             thus
             through
             the
             good
             hand
             of
             God
             upon
             me
             ,
             I
             have
             spoken
             to
             what
             I
             observe
             in
             reading
             the
             Depositions
             ,
             wherein
             I
             finde
             but
             single
             testimonies
             against
             me
             .
          
           
             I
             shall
             now
             crave
             leave
             (
             which
             is
             the
             main
             of
             my
             work
             )
             to
             run
             over
             the
             Depositions
             as
             briefly
             as
             I
             can
             ;
             for
             I
             shall
             not
             trouble
             you
             with
             large
             Speeches
             :
             but
             being
             the
             Depositions
             were
             large
             ,
             and
             the
             Witnesses
             many
             ,
             your
             Lordship
             and
             the
             Court
             (
             I
             hope
             )
             will
             bear
             with
             me
             with
             the
             more
             patience
             ,
             if
             I
             speak
             more
             largely
             in
             it
             .
             It
             is
             〈◊〉
             duty
             to
             speak
             for
             my self
             ,
             and
             't
             is
             for
             my
             life
             .
          
           
             The
             first
             Witnesse
             that
             〈…〉
             in
             Court
             against
             me
             ,
             was
             
               Henry
               Potter
            
             .
             As
             to
             his
             testimony
             ,
             there
             are
             many
             particulars
             whic●
             〈◊〉
             was
             ask'd
             about
             me
             ,
             to
             which
             he
             spake
             but
             conjecturally
             ;
             
               As
               he
               thought
            
             ,
             and
             
               as
               he
               beleeved
            
             ,
             and
             
               as
               he
               conceived
            
             .
             And
             when
             papers
             by
             M
             
               Att.
               Gen
            
             ,
             of
             his
             Examination
             were
             tendred
             to
             him
             ,
             he
             answered
             ,
             that
             
               then
               he
               had
               a
               latitude
               to
               speake
               more
               then
               he
               durst
               affirm
               upon
               Oath
               .
            
             And
             upon
             this
             I
             shall
             humbly
             crave
             leave
             that
             I
             may
             make
             this
             motion
             to
             you
             ,
             That
             you
             would
             not
             ,
             in
             passing
             judgment
             upon
             me
             ,
             hearken
             to
             any
             private
             examinations
             ,
             which
             are
             extrajudicial
             to
             be
             brought
             in
             Court
             against
             me
             ;
             for
             most
             of
             the
             Witnesses
             had
             their
             private
             Examinations
             shewed
             them
             in
             Court
             ,
             and
             were
             read
             to
             them
             ,
             and
             they
             did
             not
             speak
             in
             their
             relations
             of
             what
             they
             knew
             ,
             but
             what
             they
             conceived
             ;
             and
             when
             they
             could
             not
             tell
             what
             to
             say
             ,
             then
             their
             Examinations
             were
             produced
             to
             direct
             them
             ;
             and
             I
             hope
             your
             Lordship
             and
             the
             Court
             will
             take
             notice
             of
             this
             .
             And
             herein
             I
             cannot
             but
             acknowledg
             the
             justice
             of
             this
             Court
             in
             this
             particular
             ,
             That
             you
             would
             not
             receive
             private
             examinations
             till
             they
             came
             face
             to
             face
             ,
             that
             I
             might
             answer
             to
             the
             crimes
             laid
             against
             me
             .
          
           
             But
             as
             to
             his
             Testimony
             ,
             I
             shall
             not
             run
             over
             things
             that
             touch
             me
             not
             ,
             I
             must
             not
             flatter
             my self
             to
             passe
             over
             things
             that
             concern
             me
             .
             For
             I
             know
             it
             will
             be
             look'd
             upon
             with
             more
             prying
             eyes
             then
             mine
             are
             .
             There
             are
             onely
             two
             things
             in
             his
             testimony
             that
             concerns
             me
             .
             He
             speaks
             not
             of
             any
             meetings
             at
             my
             house
             that
             he
             knows
             of
             ;
             he
             speaks
             not
             of
             any
             money
             that
             ever
             J
             lent
             him
             or
             gave
             him
             ,
             though
             there
             was
             a
             narrow
             and
             exact
             examination
             of
             him
             in
             those
             particulars
             .
             But
             two
             things
             concern
             me
             in
             his
             Deposition
             :
             The
             one
             is
             ,
             that
             he
             received
             a
             letter
             with
             a
             great
             L
             upon
             it
             ,
             from
             one
             Colonel
             Bamfield
             ,
             which
             was
             a
             Narrative
             of
             the
             Affairs
             of
             Scotland
             ,
             which
             letter
             ,
             with
             two
             more
             inclosed
             from
             my
             Lord
             of
             
               Argile
               ,
               Lowden
            
             and
             Louthain
             ,
             He
             said
             ,
             he
             brought
             them
             to
             
               Mr.
               Loves
            
             ;
             and
             herein
             J
             might
             take
             notice
             ,
             that
             he
             forgot
             himself
             a
             little
             ,
             for
             he
             might
             have
             said
             ,
             that
             he
             brought
             them
             first
             to
             
               Mr.
               Jaquels
            
             ;
             for
             Jaquel
             did
             affirm
             in
             Court
             ,
             that
             Potter
             brought
             the
             letters
             to
             him
             ,
             and
             spake
             to
             him
             to
             come
             to
             me
             .
             The
             substance
             of
             the
             letters
             from
             the
             Earl
             of
             Argile
             and
             the
             rest
             ,
             he
             sayes
             ,
             were
             to
             move
             for
             ten
             thousand
             pound
             ;
             and
             (
             as
             J
             remember
             ,
             Jaquel
             sayes
             ,
             for
             five
             thousand
             pound
             :
             But
             Potter
             himself
             acquits
             me
             in
             this
             matter
             ;
             for
             he
             doth
             not
             swear
             the
             letter
             was
             to
             me
             ,
             nor
             could
             he
             swear
             it
             justly
             ;
             nay
             ,
             he
             swears
             ,
             he
             did
             not
             think
             it
             was
             to
             me
             .
             And
             as
             for
             this
             Bamfield
             ,
             he
             is
             a
             man
             whose
             face
             J
             never
             saw
             to
             this
             day
             .
             And
             he
             swears
             ,
             (
             and
             indeed
             ,
             he
             had
             been
             injurious
             if
             he
             had
             not
             told
             you
             thus
             )
             that
             when
             he
             came
             into
             
               Mr.
               Loves
            
             house
             ,
             he
             said
             ,
             Mr.
             Love
             ,
             I
             
               have
               news
               to
               shew
               you
            
             .
             
             And
             unlesse
             things
             be
             aggravated
             against
             me
             by
             the
             insinuations
             of
             men
             ,
             and
             by
             rigid
             inferences
             and
             collections
             ,
             this
             will
             be
             the
             worst
             charged
             upon
             me
             ,
             That
             there
             were
             severall
             meetings
             at
             my
             house
             ,
             and
             severall
             letters
             read
             there
             ;
             which
             J
             do
             not
             deny
             :
             But
             Sir
             ,
             he
             confesses
             ,
             that
             he
             said
             ,
             [
             Mr.
             Love
             ,
             
               I
               have
               news
               to
               show
               you
            
             ;
             ]
             and
             that
             he
             opened
             some
             of
             the
             letters
             ,
             and
             that
             some
             were
             not
             opened
             when
             he
             brought
             them
             :
             But
             neither
             he
             nor
             Jaquel
             swears
             ,
             That
             J
             opened
             them
             .
             And
             he
             tells
             you
             ,
             that
             he
             carried
             the
             letters
             away
             with
             him
             .
             And
             he
             swears
             further
             ,
             that
             both
             my self
             ,
             and
             all
             that
             were
             there
             present
             did
             manifest
             an
             utter
             dislike
             and
             detestation
             of
             those
             letters
             .
             But
             herein
             
             J
             know
             what
             will
             be
             laid
             to
             my
             charge
             .
             Jt
             will
             be
             said
             ,
             why
             did
             not
             Mr
             Love
             reveale
             them
             ?
             Truly
             to
             this
             J
             do
             ingenuously
             say
             ,
             That
             J
             did
             conceive
             ,
             by
             reading
             of
             the
             Act
             that
             constitutes
             this
             Court
             ,
             That
             these
             onely
             were
             bound
             to
             reveale
             ,
             that
             did
             receive
             them
             ;
             and
             not
             that
             J
             was
             bound
             to
             reveal
             that
             which
             another
             man
             received
             .
             But
             herein
             J
             am
             better
             informed
             by
             my
             councel
             ,
             and
             they
             tell
             me
             ,
             That
             presence
             with
             ,
             or
             silence
             at
             what
             others
             do
             ,
             makes
             it
             a
             criminall
             fact
             in
             me
             ,
             if
             the
             matter
             of
             the
             Letter
             be
             criminal
             and
             treasonable
             by
             your
             Acts
             ;
             and
             therefore
             in
             this
             ,
             that
             J
             did
             not
             discover
             them
             ,
             J
             shall
             humbly
             beg
             your
             favour
             .
          
           
             The
             next
             thing
             in
             Potters
             Testimony
             that
             toucheth
             me
             ,
             is
             ,
             He
             swears
             that
             he
             heard
             of
             a
             Proposition
             for
             raising
             of
             400
             l.
             for
             Titus
             and
             Massey
             :
             But
             he
             varies
             from
             the
             others
             ;
             Alford
             said
             ,
             2
             or
             300
             l.
             and
             Far
             said
             ,
             250
             or
             300
             l.
             and
             Potter
             saith
             ,
             400
             l.
             But
             he
             saith
             he
             was
             not
             present
             when
             the
             proposition
             was
             made
             ,
             and
             therefore
             he
             cannot
             speak
             as
             to
             that
             .
             But
             yet
             saith
             he
             ,
             
               J
               brought
               ten
               pounds
               to
               Mr
            
             Love's
             
               house
               ,
               and
               there
               left
               it
            
             (
             five
             or
             six
             persons
             more
             being
             in
             the
             room
             .
             )
             Mr.
             
               Att.
               Gen.
            
             was
             pleas'd
             to
             ask
             him
             whether
             he
             did
             not
             give
             me
             a
             twitch
             by
             the
             hand
             or
             cloak
             when
             he
             brought
             it
             ?
             Potter
             ,
             I
             remember
             ,
             denyes
             that
             he
             did
             so
             ,
             and
             I
             do
             not
             remember
             that
             ever
             he
             did
             it
             ,
             nor
             do
             I
             remember
             that
             ever
             he
             laid
             penny
             of
             money
             down
             in
             my
             house
             .
             And
             I
             tell
             it
             you
             in
             the
             presence
             of
             God
             ,
             I
             never
             saw
             it
             ,
             nor
             received
             it
             to
             this
             very
             day
             .
             But
             Sir
             ,
             if
             he
             had
             given
             me
             a
             twitch
             ,
             which
             is
             intended
             as
             an
             aggravation
             against
             me
             ,
             I
             hope
             a
             Judicatory
             will
             not
             proceed
             upon
             so
             silent
             a
             thing
             as
             that
             is
             .
             Though
             Solomon
             says
             ,
             
               There
               is
               a
               teaching
               with
               the
               fingers
               ,
            
             yet
             that
             is
             so
             silent
             a
             thing
             ,
             that
             a
             court
             of
             Judicatory
             cannot
             take
             notice
             of
             it
             ,
             unlesse
             it
             be
             manifest
             and
             apparent
             by
             some
             act
             .
             
             And
             therefore
             seeing
             he
             doth
             not
             affirm
             that
             I
             saw
             the
             money
             laid
             down
             ,
             or
             that
             I
             received
             the
             money
             ,
             or
             directed
             or
             ordered
             him
             to
             come
             to
             my
             house
             with
             any
             money
             ,
             I
             hope
             you
             will
             not
             lay
             that
             to
             my
             charge
             .
             And
             thus
             I
             have
             done
             as
             to
             that
             particular
             .
          
           
             There
             is
             onely
             one
             thing
             more
             in
             order
             to
             the
             letters
             he
             was
             examined
             about
             .
             He
             was
             ask'd
             what
             answer
             was
             returned
             to
             those
             letters
             that
             he
             received
             from
             Bamfield
             ,
             and
             the
             Earl
             of
             Argile
             ,
             and
             the
             rest
             ,
             that
             he
             shewed
             
               Mr.
               Love.
            
             To
             that
             he
             gave
             this
             account
             ,
             That
             a
             letter
             was
             left
             at
             his
             shop
             ,
             which
             he
             thought
             (
             he
             said
             )
             came
             from
             Mr.
             Love
             or
             Doctor
             Drake
             .
             Now
             Sir
             ,
             for
             my
             part
             ,
             I
             declare
             in
             the
             presence
             of
             God
             ,
             That
             I
             never
             in
             all
             my
             life
             ,
             either
             wrote
             or
             sent
             ,
             or
             left
             Letter
             at
             his
             shop
             :
             And
             although
             ,
             I
             am
             not
             to
             plead
             an
             other
             mans
             cause
             ,
             yet
             I
             believe
             ,
             that
             godly
             Minister
             he
             mentions
             ,
             will
             clear
             himself
             also
             ;
             but
             I
             must
             onely
             speak
             to
             my
             own
             defence
             .
             For
             my
             part
             ,
             I
             never
             in
             my
             life
             ,
             sent
             Letter
             to
             his
             shop
             ,
             written
             to
             those
             persons
             :
             And
             he
             onely
             swears
             ,
             That
             he
             thought
             the
             Letter
             left
             in
             his
             shop
             ,
             came
             from
             me
             or
             Doctor
             Drake
             :
             But
             how
             could
             he
             know
             from
             whom
             it
             came
             ,
             or
             what
             was
             the
             matter
             of
             it
             ?
             And
             if
             it
             had
             come
             from
             either
             of
             us
             ,
             which
             he
             did
             not
             affirm
             ,
             yet
             he
             doth
             not
             say
             he
             opened
             the
             Letter
             ,
             and
             so
             could
             not
             tell
             the
             Contents
             of
             it
             ,
             that
             it
             was
             an
             Answer
             to
             the
             supposed
             Letters
             he
             shewed
             me
             .
             I
             have
             onely
             one
             thing
             to
             observe
             in
             his
             whole
             Testimony
             ,
             and
             that
             is
             ,
             That
             he
             confesses
             until
             he
             had
             a
             sight
             of
             other
             mens
             Examinations
             in
             private
             ;
             to
             wit
             ,
             Of
             Alfords
             and
             Adams
             ,
             the
             things
             did
             not
             come
             to
             his
             remembrance
             ,
             or
             words
             to
             that
             effect
             ,
             he
             hath
             in
             his
             depositions
             ;
             and
             that
             there
             were
             some
             things
             ,
             to
             which
             he
             could
             not
             speak
             exactly
             ,
             till
             he
             first
             saw
             some
             Informations
             ;
             and
             that
             Master
             
               Attorney
               General
            
             did
             shew
             him
             some
             Informations
             ,
             and
             that
             did
             bring
             things
             to
             his
             remembrance
             ;
             and
             that
             before
             Captain
             Fisher
             ,
             and
             Mr.
             Attorney
             did
             prompt
             him
             and
             remember
             him
             ,
             he
             had
             forgot
             ▪
             So
             that
             Sir
             ,
             J
             beseech
             you
             consider
             ,
             whether
             this
             be
             a
             clear
             and
             good
             Testimony
             in
             Law
             ,
             That
             when
             a
             man
             hath
             forgot
             a
             thing
             done
             so
             long
             ago
             ,
             he
             shall
             through
             the
             Examinations
             of
             others
             ,
             have
             his
             memory
             rub'd
             up
             ,
             and
             then
             shall
             come
             here
             in
             a
             publike
             Court
             ,
             to
             testifie
             this
             against
             a
             mans
             life
             .
          
           
             The
             next
             Witness
             is
             Major
             Alford
             ,
             He
             gives
             you
             a
             large
             Relation
             about
             sending
             Titus
             to
             Jersey
             ,
             and
             of
             a
             100
             l.
             given
             him
             for
             his
             journey
             ,
             and
             of
             Letters
             to
             the
             Queen
             ,
             and
             Jermine
             ,
             and
             Percy
             .
             My
             Lord
             ,
             J
             am
             as
             ignorant
             of
             all
             these
             things
             ,
             as
             the
             childe
             unborn
             ,
             and
             did
             never
             know
             that
             Titus
             was
             gone
             or
             sent
             to
             Jersey
             ,
             by
             any
             person
             ,
             till
             a
             long
             time
             after
             J
             heard
             he
             was
             there
             ,
             and
             till
             J
             heard
             of
             his
             name
             in
             the
             Diurnals
             ,
             That
             he
             was
             an
             Agent
             for
             some
             Presbyterians
             ;
             till
             then
             ,
             God
             is
             my
             Record
             ,
             J
             knew
             nothing
             of
             that
             ;
             and
             J
             need
             not
             speak
             to
             this
             ,
             but
             because
             this
             was
             part
             of
             my
             Charge
             ,
             and
             brought
             in
             to
             the
             Court
             ▪
             many
             may
             imagine
             ,
             as
             if
             J
             were
             guilty
             upon
             the
             whole
             matter
             ;
             but
             that
             which
             concerns
             me
             ,
             is
             this
             .
             He
             affirms
             that
             the
             Commission
             and
             Instructions
             were
             agreed
             upon
             ,
             at
             my
             House
             ,
             to
             send
             to
             some
             persons
             ;
             To
             wit
             ,
             My
             Lord
             Willoughby
             of
             
               Parham
               ,
               Massey
               ,
               Titus
            
             ,
             and
             Alderman
             Bunce
             ,
             to
             Treat
             at
             Bredah
             ;
             and
             this
             to
             be
             in
             the
             behalf
             of
             the
             Presbyterian
             Party
             .
          
           
           
             Now
             Sir
             ,
             I
             shall
             humbly
             crave
             leave
             to
             offer
             ,
             wherein
             this
             Testimony
             is
             not
             onely
             disagreeing
             with
             the
             Testimony
             of
             others
             of
             the
             Witnesses
             ,
             but
             even
             to
             his
             own
             Testimony
             also
             :
             For
             here
             he
             says
             ,
             it
             was
             agreed
             upon
             at
             Master
             Loves
             house
             ,
             and
             in
             three
             leaves
             after
             ,
             he
             says
             ,
             It
             is
             true
             ,
             there
             was
             a
             Commission
             and
             Instructions
             read
             at
             Mr.
             Loves
             house
             ;
             but
             whether
             they
             were
             agreed
             upon
             there
             or
             no
             ,
             saith
             he
             ,
             I
             know
             not
             :
             I
             do
             not
             say
             ,
             he
             hath
             a
             bad
             conscience
             ,
             but
             sure
             I
             am
             ,
             he
             hath
             a
             bad
             memory
             .
             He
             disagrees
             with
             the
             witnesses
             also
             ;
             for
             Far
             did
             expresly
             affirm
             upon
             Oath
             ,
             That
             all
             the
             company
             was
             against
             sending
             them
             away
             ;
             and
             therefore
             ,
             for
             Alford
             to
             say
             it
             was
             agreed
             upon
             among
             us
             ,
             in
             that
             I
             am
             sure
             he
             doth
             not
             speak
             truly
             .
             Another
             thing
             which
             Alford
             layes
             to
             my
             charge
             ,
             is
             about
             a
             Letter
             ,
             which
             after
             Dunbar
             fight
             should
             come
             from
             Massey
             ,
             wherein
             he
             should
             write
             for
             Money
             ,
             and
             for
             Arms
             ,
             by
             the
             way
             of
             Holland
             ;
             and
             he
             swears
             ,
             this
             Letter
             was
             read
             in
             my
             house
             ,
             and
             says
             ,
             That
             upon
             the
             reading
             of
             it
             ,
             I
             did
             move
             for
             the
             contribution
             of
             Money
             to
             be
             raised
             for
             the
             supply
             of
             Titus
             .
             Now
             before
             I
             answer
             to
             that
             ,
             though
             I
             am
             not
             in
             a
             condition
             to
             retort
             ,
             yet
             I
             shall
             humbly
             crave
             leave
             without
             offence
             to
             Mr.
             
               Attorney
               General
            
             ,
             to
             intreat
             the
             Court
             to
             take
             notice
             of
             this
             one
             thing
             :
             Master
             
               Attorney
               General
            
             ,
             when
             the
             witness
             had
             spake
             these
             words
             ,
             did
             pray
             your
             Lordship
             and
             the
             Court
             to
             observe
             ,
             That
             Massey
             wrote
             for
             Arms
             ,
             and
             Mr.
             Love
             moved
             for
             Money
             ;
             as
             if
             he
             would
             insinuate
             to
             the
             Court
             ,
             that
             he
             writing
             for
             Arms
             ,
             and
             I
             moving
             for
             Money
             ,
             that
             my
             moving
             for
             Money
             was
             to
             buy
             Arms
             :
             Now
             Alford
             upon
             oath
             did
             declare
             ,
             That
             every
             man
             there
             was
             against
             Arms
             ,
             and
             he
             onely
             said
             ,
             That
             the
             motion
             for
             Money
             ,
             was
             to
             supply
             the
             Personal
             necessities
             of
             Massey
             and
             Titus
             ,
             who
             were
             in
             want
             :
             So
             that
             I
             intreat
             you
             to
             consider
             it
             ,
             that
             that
             Insinuation
             of
             Mr.
             
               Attorney
               General
            
             ,
             might
             not
             be
             aggravated
             against
             mee
             ,
             and
             that
             a
             bad
             inference
             might
             not
             be
             drawn
             from
             it
             ,
             as
             if
             hee
             writing
             for
             Arms
             ,
             and
             I
             moving
             for
             Money
             ,
             That
             that
             Money
             should
             be
             to
             buy
             Arms
             ;
             which
             is
             contrary
             to
             Major
             Alfords
             Oath
             .
             Againe
             ,
             another
             insinuation
             of
             M
             
               Atturney
               General
            
             is
             this
             ,
             He
             prayed
             your
             Lordship
             and
             the
             Court
             ,
             to
             consider
             ,
             That
             I
             moved
             for
             three
             hundred
             pounds
             .
             Now
             this
             is
             contrary
             to
             Alfords
             oath
             ;
             for
             Alford
             hath
             these
             words
             ,
             Mr.
             
               Love
               did
               move
               for
               the
               contribution
               of
               money
               ,
               but
               there
               was
               no
               summ
               spoken
               of
               .
            
             Now
             when
             he
             shall
             affirm
             ,
             that
             there
             was
             onely
             a
             motion
             for
             money
             ,
             but
             no
             sum
             spoken
             of
             ;
             Shall
             this
             be
             laid
             to
             my
             charge
             ,
             as
             if
             I
             moved
             for
             300
             l.
             ?
             Therefore
             I
             intreat
             you
             ,
             that
             those
             Insinuations
             and
             Aggravations
             of
             Mr.
             
               Attorney
               General
            
             may
             not
             be
             laid
             upon
             me
             ;
             and
             that
             ye
             would
             take
             no
             notice
             of
             any
             private
             Examinations
             ,
             nor
             yet
             of
             any
             Aggravations
             of
             those
             who
             are
             instruments
             of
             State
             ;
             but
             upon
             the
             plain
             deposition
             of
             the
             Witnesses
             ,
             and
             according
             to
             their
             testimony
             and
             your
             consciences
             ,
             I
             must
             stand
             or
             fall
             .
             Alford
             said
             further
             ,
             That
             after
             he
             came
             from
             Titus
             ,
             he
             gave
             an
             account
             of
             a
             Narrative
             ,
             and
             of
             a
             Copy
             of
             a
             Letter
             from
             the
             King
             of
             Scots
             ;
             what
             he
             might
             bring
             ,
             I
             know
             not
             ;
             and
             if
             he
             did
             ,
             I
             never
             desired
             him
             ,
             either
             to
             go
             to
             Calice
             ,
             or
             to
             come
             to
             my
             house
             :
             For
             I
             never
             spake
             with
             him
             (
             as
             I
             remember
             )
             till
             after
             he
             came
             from
             Calice
             ,
             nor
             till
             the
             time
             ,
             he
             says
             ,
             the
             Letter
             and
             Narrative
             was
             read
             in
             my
             house
             :
             Now
             Sir
             ,
             he
             onely
             says
             it
             was
             a
             Copy
             of
             a
             Letter
             (
             not
             the
             original
             )
             .
             That
             Titus
             (
             saith
             he
             )
             
               did
               show
               me
               a
               Copy
               of
               a
               Letter
               ,
               at
               leastwise
               ,
               which
               he
               said
               was
               from
               the
               King
               to
               the
               Presbyterian
               Party
               .
            
             So
             that
             this
             which
             is
             the
             Foundation
             of
             the
             rest
             of
             the
             testimony
             ,
             is
             onely
             this
             ,
             That
             the
             Copy
             of
             the
             Letter
             was
             read
             at
             my
             house
             ,
             and
             that
             it
             was
             a
             Copy
             of
             the
             Kings
             Letter
             :
             This
             he
             affirms
             onely
             ,
             upon
             hear-say
             ,
             for
             he
             says
             ,
             Titus
             told
             him
             so
             ;
             But
             who
             can
             swear
             ,
             either
             that
             Titus
             had
             the
             original
             Letter
             ,
             or
             that
             this
             was
             a
             true
             copy
             ;
             nay
             ,
             might
             it
             not
             be
             a
             fictitious
             thing
             ,
             either
             of
             Titus
             or
             of
             this
             man
             ,
             as
             may
             well
             be
             suspected
             :
             So
             that
             they
             that
             receive
             Letters
             ,
             if
             that
             be
             Treason
             ,
             and
             those
             that
             write
             Letters
             ,
             and
             send
             money
             ,
             if
             they
             be
             Traytors
             ;
             yet
             they
             have
             proved
             none
             of
             these
             against
             me
             ,
             and
             yet
             I
             onely
             am
             Araigned
             ,
             and
             they
             in
             hope
             of
             Favor
             .
          
           
             Again
             ,
             I
             desire
             the
             Court
             to
             take
             notice
             ,
             though
             Captain
             Far
             says
             there
             was
             this
             Clause
             in
             the
             copy
             of
             the
             Letter
             from
             the
             King
             ,
             
               To
               send
               Commissioners
               to
               Bredah
            
             ;
             (
             and
             yet
             he
             overthrew
             his
             oath
             afterwards
             :
             For
             says
             he
             ,
             It
             is
             so
             long
             ago
             ,
             that
             I
             cannot
             remember
             it
             ;
             but
             I
             shall
             speak
             to
             that
             when
             I
             come
             to
             it
             :
             )
             Yet
             Alford
             that
             brought
             this
             Letter
             ,
             affirms
             ,
             That
             he
             did
             not
             know
             it
             was
             to
             desire
             Commissioners
             to
             be
             sent
             ;
             and
             if
             it
             had
             been
             so
             ,
             I
             should
             never
             have
             done
             it
             ,
             and
             never
             did
             it
             :
             At
             that
             time
             I
             was
             in
             my
             Study
             ,
             J
             do
             not
             deny
             it
             ,
             but
             when
             Drake
             read
             the
             Commission
             ,
             J
             did
             declare
             my
             dislike
             of
             it
             ,
             and
             detestation
             against
             it
             ;
             and
             so
             did
             (
             as
             Fa●
             affirmed
             )
             either
             most
             or
             all
             the
             company
             :
             And
             if
             any
             such
             thing
             were
             sent
             ,
             God
             is
             my
             Record
             ,
             J
             did
             neither
             know
             of
             the
             writing
             of
             it
             ,
             (
             other
             then
             in
             Characters
             )
             nor
             of
             the
             contriving
             of
             it
             ,
             nor
             yet
             of
             the
             sending
             it
             away
             ,
             till
             J
             heard
             Alford
             confess
             in
             the
             Court
             ,
             that
             he
             carried
             this
             Commission
             to
             Gravesend
             to
             one
             Mason
             ,
             a
             man
             whose
             name
             J
             never
             heard
             of
             ,
             before
             J
             was
             in
             trouble
             :
             and
             if
             J
             had
             written
             and
             consented
             to
             it
             ,
             yet
             it
             was
             in
             the
             year
             ,
             One
             thousand
             six
             hundred
             forty
             and
             nine
             ,
             as
             Major
             Huntington
             swore
             ;
             and
             therefore
             
             was
             before
             the
             time
             that
             your
             Act
             could
             take
             hold
             of
             me
             ,
             if
             J
             had
             concurred
             to
             it
             ,
             which
             J
             never
             did
             .
             Again
             he
             insisteth
             upon
             it
             ,
             that
             I
             moved
             for
             a
             contribution
             .
             Now
             herein
             ,
             I
             beseech
             your
             Lordship
             ,
             that
             I
             may
             offer
             these
             two
             things
             .
          
           
             First
             ,
             This
             is
             but
             the
             single
             Testimony
             of
             one
             man
             ,
             and
             by
             the
             Law
             of
             God
             ,
             and
             of
             the
             Land
             ,
             a
             man
             must
             not
             die
             ,
             but
             under
             the
             testimony
             of
             two
             or
             three
             witnesses
             ,
             in
             the
             Old
             Testament
             ,
             Deut.
             9.
             and
             15.
             
             
               One
               witness
               shall
               not
               rise
               up
               against
               a
               man
               for
               any
               iniquity
               ,
               or
               for
               any
               sin
               in
               any
               sin
               that
               he
               sinneth
               :
               At
               the
               mouth
               of
               two
               witnesses
               ,
               or
               at
               the
               mouth
               of
               three
               witnesses
               ,
               shall
               the
               matter
               be
               established
               .
            
             And
             least
             this
             might
             be
             thought
             to
             be
             a
             Judicial
             Law
             ,
             pertaining
             onely
             to
             the
             Jewish
             State
             ;
             it
             is
             therefore
             quoted
             four
             times
             in
             the
             New
             Testament
             ;
             by
             Christ
             ,
             in
             Matth.
             18.
             by
             Paul
             ,
             in
             2
             Cor.
             13.
             and
             in
             two
             other
             places
             ;
             as
             noting
             it
             to
             be
             a
             Law
             of
             Moral
             equity
             ,
             That
             no
             mans
             life
             should
             be
             taken
             away
             ,
             but
             by
             express
             and
             clear
             Testimony
             of
             two
             sufficient
             witnesses
             .
             Now
             in
             this
             that
             may
             seem
             most
             to
             pinch
             upon
             me
             ,
             that
             I
             should
             move
             for
             Money
             ,
             there
             is
             but
             one
             witness
             ;
             and
             it
             is
             ,
             as
             I
             am
             informed
             ,
             contrary
             to
             the
             Laws
             of
             the
             Land
             ,
             and
             the
             Statute
             of
             the
             first
             of
             Edward
             the
             sixth
             ,
             which
             provideth
             ,
             That
             no
             man
             shall
             be
             Indited
             ,
             Araigned
             ,
             and
             Convicted
             for
             Treason
             ,
             but
             by
             two
             lawful
             and
             sufficient
             witnesses
             ;
             and
             therefore
             I
             beseech
             your
             Lordship
             ,
             and
             the
             Court
             ,
             That
             you
             would
             be
             tender
             in
             those
             things
             ,
             wherein
             you
             finde
             but
             one
             witness
             speaking
             .
          
           
             The
             other
             thing
             which
             I
             shall
             say
             to
             this
             point
             ,
             about
             moving
             for
             Money
             ,
             is
             ,
             That
             I
             humbly
             conceive
             the
             Act
             doth
             forbid
             relieving
             persons
             in
             Arms
             :
             but
             now
             no
             person
             can
             be
             relieved
             by
             a
             bare
             motion
             ;
             it
             is
             not
             the
             motion
             ,
             but
             the
             having
             the
             Money
             moved
             for
             ,
             before
             the
             person
             in
             Arms
             can
             be
             said
             to
             be
             relieved
             ;
             and
             if
             it
             were
             true
             ,
             yet
             it
             is
             not
             proved
             ,
             That
             those
             persons
             were
             then
             in
             Arms
             :
             The
             other
             Act
             of
             the
             second
             of
             August
             ,
             I
             conceive
             ,
             gives
             me
             relief
             if
             I
             had
             moved
             for
             Money
             ;
             For
             it
             judges
             those
             onely
             to
             be
             guilty
             of
             Treason
             ,
             That
             shall
             either
             send
             or
             cause
             to
             be
             sent
             ,
             Money
             ,
             Horse
             ,
             Arms
             ,
             and
             Ammunition
             into
             Scotland
             .
             Now
             Sir
             ,
             if
             I
             had
             in
             a
             meeting
             moved
             for
             Money
             ,
             yet
             he
             tells
             you
             not
             for
             how
             much
             I
             moved
             for
             ,
             for
             ought
             he
             knows
             it
             might
             be
             but
             for
             six
             pence
             ,
             for
             he
             cannot
             swear
             to
             it
             ;
             and
             I
             hope
             ,
             when
             the
             sum
             is
             not
             spoken
             off
             ,
             you
             will
             be
             very
             tender
             .
             Yet
             this
             comes
             not
             under
             your
             Act
             ,
             either
             to
             be
             a
             sending
             of
             Money
             into
             Scotland
             ,
             or
             a
             causing
             of
             it
             to
             be
             sent
             ,
             which
             is
             not
             in
             the
             least
             fastned
             upon
             me
             :
             When
             I
             askt
             him
             (
             though
             he
             swore
             I
             moved
             for
             Money
             )
             whether
             I
             contributed
             any
             Money
             my self
             ,
             to
             that
             he
             answered
             ,
             He
             could
             not
             say
             I
             did
             ;
             nor
             could
             any
             of
             the
             eight
             witnesses
             that
             came
             in
             against
             me
             .
             And
             thus
             I
             have
             done
             as
             to
             his
             Testimony
             .
          
           
             The
             third
             Witness
             is
             Major
             Huntington
             ,
             and
             he
             affirms
             ,
             That
             in
             the
             year
             One
             thousand
             six
             hundred
             forty
             and
             nine
             ,
             one
             askt
             him
             to
             go
             to
             my
             house
             ,
             and
             told
             him
             there
             was
             some
             there
             at
             Prayer
             ,
             and
             that
             he
             might
             there
             hear
             some
             news
             ;
             and
             that
             he
             spake
             upon
             hear-say
             :
             but
             then
             he
             spake
             upon
             oath
             ,
             
               And
               when
               I
               came
               there
               ,
               Prayer
               was
               done
               .
            
             Now
             for
             a
             man
             to
             be
             so
             positive
             in
             the
             first
             entrance
             of
             his
             Testimony
             ,
             as
             to
             say
             Prayer
             was
             done
             ,
             when
             he
             could
             not
             know
             that
             there
             was
             any
             Prayer
             there
             at
             all
             ,
             (
             for
             when
             he
             came
             ,
             it
             seems
             there
             was
             no
             Prayer
             ,
             and
             how
             then
             could
             he
             know
             there
             was
             any
             Prayer
             there
             at
             that
             time
             ?
             )
             This
             at
             the
             very
             first
             entrance
             of
             his
             evidence
             ,
             I
             suppose
             might
             be
             a
             just
             ground
             to
             suspect
             his
             whole
             Testimony
             ;
             but
             as
             for
             the
             man
             ,
             I
             knew
             him
             not
             ,
             I
             never
             saw
             him
             ,
             as
             I
             said
             ,
             before
             that
             time
             ,
             nor
             since
             ,
             till
             I
             saw
             him
             here
             in
             Court.
             This
             man
             affirms
             ,
             That
             
               William
               Drake
            
             read
             in
             Characters
             ,
             that
             which
             he
             called
             a
             Commission
             ,
             and
             said
             ,
             That
             he
             had
             command
             from
             the
             King
             ,
             to
             send
             this
             Commission
             away
             ,
             which
             God
             is
             my
             Record
             ,
             I
             never
             heard
             ,
             nor
             ever
             knew
             of
             it
             ;
             and
             Alford
             that
             brought
             over
             the
             Letter
             ,
             in
             which
             Far
             swore
             those
             words
             were
             ,
             he
             himself
             denies
             it
             .
             But
             that
             which
             concerns
             me
             in
             Huntingtons
             Testimony
             ,
             is
             this
             ,
             He
             affirms
             ,
             that
             when
             the
             Commission
             was
             read
             by
             Drake
             ,
             I
             should
             say
             ,
             
               Come
               ,
               come
               ,
               let
               it
               goe
               .
            
             Now
             Sir
             ,
             I
             askt
             him
             this
             Question
             ,
             Let
             it
             go
             ,
             what
             doth
             that
             refer
             to
             ?
             says
             Huntington
             ,
             Let
             the
             Papers
             go
             .
             Now
             truly
             ,
             I
             am
             not
             so
             bad
             a
             Grammarian
             ,
             as
             to
             speak
             of
             Papers
             ,
             let
             it
             go
             ,
             and
             not
             to
             say
             ,
             let
             them
             go
             .
             And
             if
             I
             had
             spoke
             of
             Papers
             ,
             as
             he
             says
             I
             did
             ,
             I
             must
             either
             be
             guilty
             of
             non-sense
             ,
             or
             else
             he
             of
             falshood
             ,
             I
             believe
             he
             of
             both
             .
             But
             as
             for
             those
             words
             ,
             
               Come
               ,
               come
               ,
               let
               it
               goe
            
             ;
             he
             doth
             not
             affirm
             ,
             that
             I
             said
             ,
             Come
             ,
             let
             it
             go
             away
             ,
             but
             let
             it
             go
             ,
             and
             that
             may
             be
             a
             word
             of
             dislike
             :
             And
             if
             I
             did
             say
             so
             ,
             yet
             it
             was
             not
             of
             the
             Commission
             ,
             God
             is
             my
             Record
             ,
             for
             he
             came
             not
             till
             nine
             of
             the
             clock
             at
             night
             ,
             as
             himself
             says
             ;
             and
             before
             he
             came
             ,
             I
             had
             declared
             my self
             against
             sending
             away
             the
             Commission
             and
             Instructions
             ,
             as
             being
             an
             act
             of
             two
             high
             a
             nature
             for
             private
             men
             ,
             and
             of
             notorious
             falshood
             ,
             to
             say
             it
             was
             in
             the
             name
             of
             the
             Presbyterian
             Party
             ,
             when
             it
             was
             not
             :
             And
             the
             other
             men
             that
             were
             here
             in
             Court
             upon
             oath
             ,
             and
             that
             were
             then
             present
             ,
             as
             Adams
             and
             Alford
             ,
             did
             confess
             upon
             Examination
             ,
             That
             they
             heard
             no
             such
             words
             from
             me
             .
          
           
           
             The
             next
             testimony
             is
             Master
             Adams
             ,
             and
             he
             relates
             a
             story
             of
             a
             correspondency
             between
             
               William
               Drake
            
             ,
             and
             one
             Mason
             ,
             and
             being
             ask'd
             ,
             Was
             Master
             Love
             privy
             to
             this
             correspondency
             ?
             he
             did
             so
             far
             clear
             me
             ,
             that
             he
             could
             not
             say
             it
             ,
             nor
             was
             I
             privy
             to
             it
             .
             Being
             ask'd
             again
             ,
             Was
             Master
             Love
             privy
             to
             these
             letters
             of
             sending
             moderate
             propositions
             to
             the
             King
             ?
             that
             he
             likewise
             cleares
             me
             in
             ,
             he
             cannot
             say
             it
             .
             And
             I
             can
             say
             ,
             that
             I
             am
             so
             far
             from
             moderation
             in
             their
             sense
             ,
             that
             moderation
             ▪
             ●n
             their
             sense
             I
             deem
             downright
             Malignity
             ,
             which
             I
             was
             ,
             and
             still
             am
             utterly
             against
             .
             He
             was
             asked
             likewise
             ,
             did
             Master
             Love
             
               know
               of
               collecting
               a
               hundred
               pound
               for
               Titus
               ?
            
             To
             that
             he
             answered
             ,
             that
             he
             durst
             not
             upon
             oath
             say
             that
             
               M.
               Love
            
             was
             privy
             to
             this
             collection
             ,
             and
             he
             doth
             not
             say
             that
             it
             was
             agreed
             in
             my
             house
             ,
             to
             send
             away
             the
             commission
             ,
             but
             says
             ,
             it
             was
             moved
             in
             my
             house
             :
             for
             sayes
             he
             ,
             
               I
               cannot
               say
               it
               was
               agreed
               upon
               ,
               for
               there
               was
               no
               vote
               past
               .
            
             These
             were
             his
             words
             ,
             and
             he
             contradicts
             Alford
             and
             Farr
             in
             three
             places
             of
             his
             testimony
             .
             He
             overthrows
             Alfords
             deposition
             .
             He
             affirms
             ,
             that
             the
             copy
             of
             the
             letter
             from
             the
             King
             ,
             was
             to
             shew
             what
             great
             affection
             he
             bare
             to
             the
             ministry
             of
             England
             ,
             and
             promised
             great
             favour
             when
             he
             was
             in
             a
             condition
             to
             do
             it
             ,
             and
             desired
             them
             to
             stand
             stedfast
             in
             the
             way
             they
             were
             in
             :
             and
             he
             saith
             ,
             he
             dare
             not
             swear
             that
             this
             letter
             was
             read
             in
             my
             house
             ,
             but
             he
             thinks
             it
             was
             .
             Now
             as
             to
             this
             letter
             likewise
             ,
             J
             desire
             the
             same
             favour
             from
             you
             ,
             That
             when
             the
             letter
             doth
             not
             appear
             ,
             neither
             the
             Originall
             ,
             nor
             the
             individuall
             copy
             ,
             that
             you
             would
             be
             tender
             of
             passing
             any
             judgment
             upon
             me
             ,
             upon
             the
             vaine
             rovings
             of
             a
             mans
             memory
             ;
             and
             of
             a
             mans
             memory
             too
             ,
             that
             is
             ingaged
             to
             prosecute
             my
             life
             ,
             to
             save
             his
             own
             ,
             as
             most
             of
             the
             witnesses
             that
             came
             in
             against
             me
             are
             .
             He
             saith
             ,
             there
             was
             a
             motion
             made
             in
             my
             house
             ,
             That
             a
             commission
             and
             instructions
             should
             be
             drawn
             up
             to
             send
             to
             my
             
               Lord
               Willoughby
            
             of
             Parham
             ,
             and
             the
             rest
             in
             Holland
             ,
             but
             sayes
             he
             ,
             by
             whom
             I
             cannot
             say
             ;
             and
             says
             he
             ,
             there
             was
             no
             debate
             ,
             as
             I
             remember
             ,
             to
             mend
             the
             instructions
             ;
             though
             the
             Atturny
             Generall
             did
             lay
             it
             upon
             me
             ,
             as
             if
             I
             had
             corrected
             and
             amended
             them
             ,
             when
             J
             did
             neither
             read
             them
             ,
             no
             nor
             so
             much
             as
             touch
             them
             in
             my
             life
             .
             The
             substance
             of
             the
             commission
             he
             tells
             you
             was
             to
             Authorize
             the
             Lord
             Willoughby
             of
             
               Parham
               ,
               Massey
               ,
               Graves
            
             and
             others
             ,
             to
             assist
             their
             Brethren
             of
             the
             Scotish
             Nation
             in
             their
             Treaty
             :
             Now
             to
             this
             there
             is
             a
             manifest
             contradiction
             in
             another
             mans
             testimony
             .
             For
             C.
             Farr
             swears
             ,
             that
             the
             commission
             he
             speaks
             of
             was
             not
             to
             treat
             ,
             but
             only
             as
             private
             persons
             to
             advise
             that
             the
             King
             might
             agree
             with
             the
             Scots
             ,
             upon
             the
             interest
             of
             Religion
             and
             the
             Terms
             of
             the
             Covenant
             ,
             That
             he
             might
             not
             be
             drawn
             away
             by
             the
             high
             flown
             Cavaliers
             ,
             and
             Malignants
             ,
             so
             that
             Far
             overthrows
             this
             testimony
             of
             
               Adams
               :
               Adams
            
             says
             it
             was
             to
             treate
             ,
             and
             Farr
             says
             ,
             it
             was
             not
             to
             treate
             but
             to
             advise
             :
             but
             be
             it
             the
             one
             ,
             or
             be
             it
             the
             other
             ,
             J
             detest
             both
             ,
             J
             had
             no
             hand
             in
             ,
             and
             gave
             no
             assent
             unto
             it
             ,
             but
             manifested
             my
             dissent
             to
             the
             whole
             .
             He
             being
             likewise
             askt
             (
             for
             J
             am
             still
             upon
             Adams
             his
             testimony
             )
             whether
             at
             a
             meeting
             it
             vvas
             not
             propounded
             at
             my
             house
             to
             vvrite
             to
             the
             Queen
             ,
             and
             to
             Jermin
             ,
             and
             Percy
             ,
             to
             mediate
             vvith
             the
             King
             to
             agree
             with
             the
             Scots
             .
             To
             this
             he
             ansvvered
             no
             ,
             and
             truly
             he
             might
             very
             vvel
             answer
             so
             ,
             for
             J
             am
             sure
             J
             did
             never
             in
             all
             my
             life
             hear
             of
             a
             motion
             so
             much
             as
             of
             a
             letter
             to
             be
             writ
             to
             any
             of
             these
             three
             persons
             ,
             to
             the
             Queen
             ,
             Percy
             or
             Jermin
             ;
             and
             should
             have
             loathed
             and
             abhorred
             the
             very
             thought
             of
             it
             ;
             and
             should
             think
             that
             cause
             the
             worse
             ,
             wherein
             these
             persons
             were
             ingaged
             ;
             being
             ask'd
             whether
             there
             was
             not
             a
             letter
             from
             Percy
             ,
             that
             writ
             for
             mony
             to
             be
             sent
             to
             the
             King
             ,
             and
             whether
             the
             answer
             given
             was
             ,
             that
             they
             should
             stay
             till
             the
             King
             and
             Scots
             were
             agreed
             ,
             and
             then
             to
             send
             mony
             :
             Adams
             in
             this
             did
             me
             this
             right
             ,
             He
             confest
             ,
             he
             saw
             such
             a
             letter
             writ
             ,
             but
             (
             says
             he
             )
             I
             
               only
               saw
               it
               in
               the
               hands
               of
               one
               Mason
               ,
            
             a
             man
             who
             for
             my
             part
             ,
             I
             never
             knew
             ,
             nor
             heard
             of
             till
             I
             was
             in
             trouble
             :
             and
             being
             ask'd
             whether
             this
             letter
             from
             Piercy
             ,
             was
             read
             in
             Master
             Loves
             house
             ,
             he
             said
             ,
             certainly
             no.
             Being
             again
             ask'd
             whether
             about
             August
             there
             was
             not
             a
             letter
             written
             from
             Massey
             ,
             wherein
             he
             said
             he
             had
             back
             friends
             in
             Scotland
             ,
             and
             complained
             that
             he
             was
             not
             promoted
             there
             ,
             and
             whether
             that
             letter
             was
             communicated
             at
             Master
             Loves
             house
             ;
             In
             this
             also
             he
             did
             me
             right
             ,
             for
             he
             answered
             ,
             
               No
               certainly
               ,
               that
               Letter
               was
               not
               ,
               to
               the
               best
               of
               my
               remembrance
               ,
               read
               there
            
             ;
             I
             
               heard
               of
               such
               a
               letter
               ,
               but
               saw
               it
               not
               .
            
             Then
             being
             asked
             whether
             one
             Sterks
             was
             not
             a
             Scotch
             Agent
             ,
             and
             whether
             he
             did
             not
             use
             to
             come
             to
             my
             house
             ?
             to
             which
             he
             gives
             this
             answer
             :
             
               We
               took
               him
               to
               be
               a
               Scotch
               Agent
               ,
               and
               he
               met
               sometimes
               at
               Master
               Loves
               house
            
             :
             Now
             Sir
             ,
             as
             to
             that
             ,
             he
             supposeth
             that
             he
             was
             an
             Agent
             ,
             but
             doth
             not
             swear
             that
             he
             was
             so
             ,
             much
             lesse
             that
             I
             knew
             him
             to
             be
             so
             .
             Nay
             ,
             I
             can
             swear
             upon
             the
             best
             information
             I
             have
             had
             both
             from
             his
             own
             mouth
             ,
             and
             the
             mouths
             of
             others
             ,
             that
             he
             was
             no
             Agent
             ,
             for
             he
             lived
             in
             England
             fourteen
             years
             ,
             and
             had
             not
             been
             in
             Scotland
             in
             fourteen
             years
             .
          
           
             And
             I
             heard
             himselfe
             say
             so
             ,
             when
             he
             went
             away
             upon
             the
             Act
             ;
             and
             I
             asked
             him
             ,
             Are
             you
             imployed
             by
             the
             Church
             or
             State
             of
             Scotland
             ?
             and
             he
             told
             me
             no
             ,
             he
             was
             not
             :
             it
             is
             in
             your
             breasts
             whether
             you
             wil
             believe
             me
             or
             no
             :
             and
             likewise
             M.
             Blare
             when
             he
             was
             here
             in
             London
             ,
             did
             affirm
             to
             me
             ,
             
             that
             he
             was
             a
             poor
             honest
             man
             ,
             and
             that
             he
             was
             no
             way
             imployed
             as
             an
             instrument
             of
             State.
             I
             know
             nothing
             of
             the
             mans
             Agency
             ,
             be
             he
             Agent
             or
             not
             ,
             I
             never
             sent
             letter
             or
             message
             by
             him
             ,
             nor
             received
             any
             from
             him
             in
             all
             my
             life
             ;
             but
             I
             see
             it
             is
             laid
             heavy
             upon
             me
             in
             my
             charge
             ,
             that
             I
             contributed
             mony
             to
             him
             :
             but
             no
             man
             in
             his
             depositions
             did
             prove
             that
             I
             ever
             gave
             him
             a
             penny
             .
             Adams
             being
             ask'd
             ,
             
               whether
               Master
               Love
               did
               not
               write
               down
               the
               sums
               of
               mony
               that
               was
               to
               be
               contributed
               to
               Massey
            
             ;
             In
             this
             he
             doth
             me
             right
             also
             ,
             for
             he
             saith
             ,
             
               Master
               Love
               had
               paper
               in
               his
               hand
               ,
               but
            
             I
             
               did
               not
               see
               what
               he
               wrote
               ,
            
             and
             therefore
             to
             that
             I
             need
             not
             answer
             ;
             being
             further
             ask'd
             ,
             Did
             not
             Master
             Love
             put
             the
             first
             letter
             of
             their
             names
             before
             the
             sums
             which
             others
             wrote
             ,
             he
             answered
             ,
             he
             could
             not
             say
             so
             .
             Being
             ask'd
             further
             ,
             Was
             there
             not
             a
             letter
             pend
             by
             Master
             Love
             and
             Doctor
             Drake
             ,
             this
             answer
             hee
             gives
             ,
             
               There
               was
               a
               letter
               ,
               but
            
             (
             says
             he
             )
             I
             
               cannot
               deliver
               it
               upon
               my
               oath
               that
               it
               was
               pennd
               by
               them
               ,
               but
               I
               thought
               it
               was
               so
               .
            
             He
             could
             not
             tell
             to
             whom
             this
             letter
             was
             directed
             ,
             but
             said
             ,
             
               it
               was
               declared
               to
               be
               directed
               to
               the
               Generall
               Assembly
               of
               Scotland
               :
            
             Now
             as
             I
             observed
             in
             the
             beginning
             ,
             this
             is
             only
             the
             single
             testimony
             of
             one
             man
             ,
             and
             indeed
             it
             was
             the
             first
             Question
             (
             as
             I
             remember
             )
             that
             was
             ask'd
             me
             ,
             that
             was
             of
             moment
             ,
             when
             I
             was
             examined
             by
             the
             Committee
             ,
             Whether
             I
             did
             not
             penn
             this
             letter
             ?
             I
             did
             declare
             to
             them
             in
             the
             presence
             of
             God
             ,
             that
             I
             neither
             pend
             that
             nor
             any
             other
             to
             any
             person
             of
             the
             Scotish
             nation
             since
             the
             wars
             began
             ,
             and
             this
             I
             declare
             in
             the
             presence
             of
             the
             same
             God
             ,
             still
             to
             be
             a
             truth
             .
             Being
             ask'd
             further
             ,
             Was
             Master
             Love
             present
             at
             sometime
             of
             this
             meeting
             ?
             he
             answered
             ,
             I
             was
             ,
             and
             the
             reason
             why
             he
             thought
             that
             we
             might
             pen
             it
             ,
             was
             because
             of
             the
             language
             of
             it
             .
             
               M.
               Atturn
               .
               Gen
            
             upon
             this
             (
             I
             remember
             )
             uses
             this
             expression
             ,
             
               My
               Lord
               ,
               this
               is
               very
               high
               ,
               after
               we
               were
               ingaged
               in
               blood
               ,
               that
               a
               letter
               should
               be
               sent
               .
            
             But
             to
             this
             I
             say
             ,
             there
             is
             only
             a
             single
             testimony
             ,
             that
             such
             a
             letter
             was
             writ
             ,
             and
             whether
             it
             was
             sent
             or
             no
             ,
             he
             doth
             not
             prove
             ,
             nor
             doth
             he
             prove
             that
             I
             writ
             it
             ;
             and
             I
             declare
             to
             you
             ,
             that
             I
             never
             writ
             it
             :
             as
             touching
             this
             letter
             ,
             which
             
               M.
               Att.
               Gen.
            
             is
             pleased
             to
             insist
             upon
             so
             much
             ,
             Adams
             ,
             being
             ask'd
             whether
             it
             was
             agreed
             upon
             that
             this
             letter
             should
             be
             sent
             ?
             he
             gave
             this
             answer
             ,
             
               It
               was
               after
               the
               same
               manner
               that
               other
               things
               were
               agreed
               upon
               :
               but
               there
               was
               no
               vote
               past
               ,
            
             and
             therfore
             he
             cannot
             prove
             my
             particular
             and
             expresse
             assent
             to
             the
             sending
             of
             the
             letter
             ,
             or
             any
             other
             letter
             whatsoever
             ;
             and
             here
             to
             take
             off
             the
             Jealousie
             of
             a
             correspondency
             ;
             which
             in
             the
             close
             ,
             through
             the
             Grace
             of
             God
             I
             shall
             clear
             to
             you
             ;
             but
             to
             take
             it
             off
             now
             a
             little
             before
             I
             come
             to
             it
             :
             if
             there
             had
             been
             a
             correspondency
             maintained
             ,
             would
             it
             have
             been
             imaginable
             ,
             that
             from
             the
             time
             of
             the
             fight
             at
             Dunbar
             ,
             which
             I
             think
             is
             ten
             months
             since
             ,
             to
             this
             time
             ,
             That
             there
             should
             be
             no
             letter
             that
             any
             man
             can
             say
             ,
             nor
             that
             I
             did
             certainly
             know
             of
             ,
             that
             either
             was
             written
             or
             conveyed
             ,
             or
             debated
             upon
             to
             be
             written
             ,
             from
             that
             time
             to
             this
             very
             day
             ,
             to
             any
             of
             the
             Scotish
             nation
             ;
             and
             yet
             all
             this
             tends
             to
             aggravate
             matters
             against
             me
             ,
             and
             all
             the
             burden
             is
             laid
             upon
             my
             weak
             shoulders
             .
             Other
             men
             that
             have
             heavy
             loades
             ,
             have
             laid
             them
             upon
             my
             back
             to
             lighten
             them
             from
             off
             themselves
             .
             Touching
             this
             letter
             ,
             he
             saith
             ,
             this
             was
             the
             substance
             of
             it
             ,
             or
             it
             was
             to
             this
             effect
             ,
             or
             purpose
             ;
             and
             again
             I
             insist
             upon
             it
             to
             beseech
             your
             Lordship
             and
             the
             Court
             ,
             to
             take
             heed
             what
             you
             do
             .
             It
             concerns
             you
             more
             th●n
             me
             ,
             it
             concerns
             my
             life
             only
             ;
             But
             it
             concerns
             your
             honors
             ,
             and
             lives
             ,
             and
             souls
             and
             all
             ,
             That
             upon
             an
             uncertain
             evidence
             you
             do
             not
             spill
             a
             mans
             blood
             .
             The
             man
             never
             read
             the
             letter
             ,
             only
             he
             heard
             it
             read
             ;
             and
             then
             he
             brings
             in
             to
             that
             and
             other
             letters
             ,
             This
             is
             the
             summ
             of
             it
             ,
             or
             it
             was
             to
             this
             effect
             .
             And
             though
             this
             man
             hath
             done
             me
             injury
             in
             some
             particulars
             ,
             yet
             in
             others
             he
             hath
             done
             me
             right
             .
             For
             being
             ask'd
             ,
             Did
             
               Master
               Love
            
             write
             letters
             ,
             or
             receive
             any
             ,
             or
             mend
             those
             instructions
             ,
             he
             only
             swears
             ,
             he
             saw
             the
             letters
             ,
             but
             cannot
             say
             I
             did
             read
             them
             ;
             Being
             ask'd
             whether
             I
             did
             give
             my
             consent
             to
             the
             sending
             away
             of
             that
             letter
             after
             Dunbar
             fight
             ,
             which
             is
             so
             much
             insisted
             upon
             ,
             and
             so
             greatly
             aggravated
             ,
             he
             did
             thus
             farr
             right
             me
             ;
             He
             said
             ,
             I
             
               will
               not
               swear
               he
               did
               give
               his
               consent
            
             ;
             being
             ask'd
             whether
             I
             was
             a
             correspondent
             ,
             he
             said
             ,
             he
             took
             me
             to
             be
             a
             correspondent
             ,
             and
             upon
             these
             words
             I
             had
             leave
             to
             ask
             him
             this
             Question
             :
             Whether
             he
             knew
             J
             was
             a
             correspondent
             ?
             To
             this
             he
             said
             ,
             that
             Letters
             were
             heard
             by
             me
             ,
             but
             said
             he
             ,
             
               J
               cannot
               swear
               that
               he
               was
               a
               correspondent
               ,
               J
               did
               conceive
               Master
            
             Love
             
               to
               be
               a
               correspondent
               ,
               but
               J
               did
               not
               say
               so
               ,
               and
               J
               dare
               not
               swear
               that
               he
               was
               a
               correspondent
               .
            
             So
             that
             herein
             likewise
             there
             is
             nothing
             but
             his
             humbly
             conceivings
             and
             his
             suppositions
             ,
             according
             to
             which
             J
             hope
             you
             will
             not
             passe
             any
             censure
             upon
             me
             ;
             and
             thus
             J
             have
             done
             with
             Adams
             testimony
             .
          
           
             The
             fifth
             testimony
             is
             that
             of
             Jaquel
             ,
             which
             I
             do
             here
             again
             in
             Court
             except
             against
             ,
             as
             no
             Legall
             witnesse
             ,
             for
             he
             did
             declare
             he
             could
             not
             in
             conscience
             take
             an
             oath
             against
             me
             .
             He
             did
             well
             nigh
             half
             an
             hour
             declare
             he
             could
             not
             swear
             ,
             but
             that
             he
             would
             make
             a
             Narrative
             or
             relation
             of
             what
             was
             true
             I
             did
             intreat
             your
             Lordships
             leave
             to
             put
             it
             to
             him
             whether
             he
             was
             under
             an
             oath
             or
             no
             ,
             and
             he
             said
             twice
             
             at
             least
             ,
             J
             am
             as
             good
             as
             under
             an
             oath
             :
             if
             any
             person
             good
             or
             bad
             come
             under
             an
             oath
             ,
             J
             must
             stand
             or
             fall
             by
             his
             testimony
             ,
             and
             according
             to
             Gods
             Ordinance
             ,
             an
             Oath
             is
             to
             decide
             all
             controversies
             :
             But
             the
             man
             declared
             ,
             He
             was
             not
             under
             an
             Oath
             ;
             and
             went
             out
             of
             the
             Court
             ,
             and
             was
             fined
             five
             hundred
             pound
             ;
             and
             when
             afterwards
             he
             was
             called
             into
             the
             Court
             again
             ,
             he
             did
             onely
             put
             his
             hand
             upon
             his
             Buttons
             on
             his
             Brest
             :
             So
             that
             this
             was
             not
             any
             taking
             of
             an
             Oath
             ;
             but
             fearing
             his
             Fine
             ▪
             he
             did
             it
             ,
             though
             with
             much
             seeming
             regret
             of
             Conscience
             ;
             and
             I
             am
             informed
             this
             day
             ,
             that
             he
             denies
             ,
             that
             he
             was
             under
             an
             Oath
             :
             And
             if
             so
             ,
             Then
             I
             have
             nothing
             to
             say
             to
             his
             Testimony
             ,
             and
             so
             shall
             not
             speak
             to
             it
             ,
             but
             onely
             as
             to
             a
             bare
             Relation
             ,
             and
             naked
             Information
             .
             There
             is
             nothing
             that
             doth
             concern
             me
             in
             his
             Testimony
             ,
             but
             onely
             a
             concurrence
             with
             
               Potter
               ;
               Potter
            
             and
             he
             coming
             to
             my
             house
             ,
             with
             some
             Letters
             (
             as
             he
             saith
             )
             One
             from
             Bamfield
             ,
             another
             from
             
               Argyle
               ,
               Louden
            
             ,
             and
             Louthian
             ,
             and
             Belcarris
             ;
             and
             another
             from
             one
             Master
             Batly
             ,
             if
             I
             remember
             right
             .
             Now
             Sir
             ,
             as
             to
             these
             Letters
             ,
             I
             do
             not
             deny
             ,
             but
             that
             they
             brought
             them
             to
             my
             house
             ;
             nay
             ,
             I
             do
             acknowledge
             those
             two
             men
             did
             bring
             those
             Letters
             to
             my
             house
             ,
             at
             leastwise
             ,
             which
             they
             said
             were
             such
             ;
             but
             whether
             they
             were
             the
             Originals
             ,
             or
             Copies
             ,
             I
             know
             not
             ;
             for
             I
             never
             read
             nor
             kept
             the
             Letters
             ,
             but
             they
             carried
             away
             the
             Letters
             with
             them
             ;
             and
             Captain
             Potter
             said
             ,
             Master
             Love
             ,
             I
             have
             news
             to
             shew
             you
             ,
             at
             that
             very
             time
             when
             Mr.
             Jaquel
             and
             he
             came
             to
             show
             them
             at
             my
             house
             .
             This
             Witness
             ,
             I
             cannot
             call
             him
             so
             ,
             but
             this
             Informer
             saith
             ,
             That
             being
             askt
             what
             was
             done
             upon
             the
             hearing
             of
             those
             Letters
             ,
             he
             said
             ,
             Potter
             read
             the
             Letters
             ;
             but
             that
             there
             was
             no
             Agreement
             upon
             it
             ,
             but
             an
             utter
             dislike
             in
             all
             that
             heard
             them
             ,
             about
             the
             Contents
             of
             them
             :
             And
             he
             hath
             these
             words
             further
             ,
             It
             was
             ,
             says
             he
             ,
             a
             trouble
             ,
             I
             am
             confident
             ,
             to
             them
             that
             heard
             and
             read
             the
             matter
             of
             those
             Letters
             ;
             but
             being
             askt
             ,
             Did
             Master
             Love
             agree
             to
             the
             giving
             of
             Forty
             pound
             to
             Bamfield
             ,
             and
             his
             man
             ?
             To
             that
             Question
             he
             answers
             thus
             ;
             he
             said
             ,
             There
             was
             no
             Agreement
             ,
             but
             it
             was
             thought
             convenient
             by
             all
             .
             Upon
             this
             ,
             I
             craved
             leave
             of
             your
             Lordship
             to
             ask
             him
             this
             Question
             ,
             How
             he
             knew
             my
             thoughts
             ,
             that
             I
             thought
             it
             convenient
             ;
             to
             which
             ,
             he
             gave
             this
             answer
             ,
             
               I
               cannot
               say
               any
               thing
               ,
               that
               Master
            
             Love
             
               did
               say
               ,
               it
               was
               convenient
               .
            
             So
             that
             therein
             ,
             though
             he
             might
             presume
             upon
             a
             mans
             thoughts
             to
             know
             them
             ,
             yet
             he
             must
             onely
             judge
             my
             thoughts
             by
             my
             words
             ,
             as
             the
             tongue
             and
             heart
             agrees
             ;
             for
             he
             is
             not
             a
             god
             :
             but
             he
             doth
             not
             say
             ,
             That
             I
             said
             it
             was
             convenient
             ;
             nor
             did
             either
             of
             them
             prove
             that
             ever
             I
             gave
             a
             peny
             ,
             either
             to
             Bamfield
             or
             his
             man.
             
          
           
             The
             last
             Witness
             that
             came
             in
             against
             me
             ,
             is
             Captain
             Far
             ;
             and
             indeed
             ,
             I
             do
             not
             know
             what
             to
             make
             of
             his
             Testimony
             ,
             I
             will
             not
             call
             it
             a
             prompting
             ,
             that
             will
             be
             thought
             too
             bad
             a
             word
             ;
             but
             certainly
             it
             was
             such
             a
             Testimony
             ,
             that
             I
             never
             heard
             produced
             in
             any
             Court
             in
             my
             life
             .
             For
             Master
             
               Attorney
               General
            
             ,
             and
             some
             others
             here
             ,
             did
             ask
             him
             Ninety
             eight
             Questions
             ;
             so
             that
             the
             man
             spake
             nothing
             deliberately
             ,
             but
             spake
             by
             reading
             out
             of
             his
             private
             Examinations
             ,
             which
             is
             extrajudicial
             to
             be
             brought
             in
             Court
             where
             the
             witnesses
             are
             to
             speak
             
               Vivâ
               voce
            
             .
             There
             was
             ,
             I
             say
             ,
             so
             many
             Questions
             (
             besides
             those
             I
             had
             leave
             to
             ask
             him
             )
             propounded
             to
             him
             ,
             during
             the
             time
             he
             was
             upon
             his
             Oath
             ;
             And
             the
             man
             was
             of
             a
             dull
             spirit
             ,
             and
             slow
             of
             speech
             ,
             and
             I
             did
             perceive
             him
             to
             be
             so
             possest
             with
             fear
             ,
             that
             he
             knew
             not
             what
             he
             said
             ;
             for
             he
             hath
             manifest
             contradictions
             in
             his
             Testimony
             ,
             which
             I
             believe
             all
             the
             Court
             will
             see
             ,
             and
             therein
             concur
             with
             me
             ,
             when
             they
             come
             to
             hear
             them
             .
             The
             first
             word
             I
             heard
             him
             say
             in
             Court
             ,
             was
             this
             ,
             To
             desire
             the
             benefit
             of
             his
             Papers
             ;
             it
             seems
             he
             did
             suspect
             the
             badness
             of
             his
             memory
             ,
             that
             he
             must
             have
             his
             Papers
             to
             help
             him
             (
             and
             Papers
             written
             by
             another
             )
             before
             he
             would
             be
             deposed
             in
             Court
             against
             me
             for
             my
             life
             .
          
           
             Being
             askt
             ,
             whether
             upon
             the
             ending
             of
             the
             Treaty
             at
             Jersey
             ,
             there
             was
             not
             a
             Letter
             came
             from
             Titus
             ,
             to
             desire
             some
             body
             to
             come
             unto
             Callis
             ?
             and
             whether
             that
             Letter
             was
             read
             at
             any
             house
             ?
             and
             whether
             at
             my
             house
             Alford
             was
             desired
             to
             go
             ?
             He
             affirms
             ,
             he
             was
             (
             which
             none
             else
             did
             )
             and
             which
             is
             a
             most
             notorious
             falshood
             .
             I
             have
             no
             rancor
             in
             my
             heart
             against
             him
             ,
             the
             Lord
             knows
             I
             have
             prayed
             for
             all
             those
             that
             persecute
             me
             ;
             and
             my
             heart
             cleaves
             to
             them
             in
             love
             and
             pity
             :
             I
             do
             not
             tax
             the
             badness
             of
             his
             conscience
             ,
             I
             think
             he
             dares
             not
             be
             so
             vile
             ,
             but
             I
             do
             tax
             his
             memory
             in
             things
             done
             so
             long
             ago
             :
             And
             afterwards
             he
             says
             ,
             He
             could
             not
             remember
             ought
             (
             though
             he
             did
             pretend
             to
             remember
             )
             because
             they
             were
             done
             so
             long
             ago
             :
             yet
             before
             he
             did
             affirm
             them
             Now
             to
             demonstrate
             this
             that
             he
             says
             in
             this
             Clause
             to
             be
             false
             ,
             That
             Alford
             was
             desired
             in
             my
             house
             to
             go
             ,
             Alford
             himself
             says
             he
             was
             never
             at
             my
             house
             ,
             till
             he
             came
             from
             Callis
             ,
             which
             is
             certainly
             true
             ;
             and
             therefore
             Alford
             could
             not
             at
             my
             house
             be
             desired
             to
             go
             to
             Callis
             ;
             when
             there
             was
             an
             account
             given
             of
             Alfords
             return
             from
             Callis
             ,
             then
             I
             know
             he
             was
             there
             ,
             though
             I
             never
             spake
             with
             him
             before
             that
             time
             ,
             as
             I
             remember
             ;
             nor
             was
             he
             ever
             within
             my
             doors
             till
             after
             his
             return
             :
             But
             says
             Far
             ,
             I
             cannot
             say
             Master
             Love
             was
             present
             ,
             while
             Alfords
             return
             was
             there
             read
             ,
             for
             sometimes
             he
             was
             absent
             .
          
           
           
             Then
             further
             being
             ask'd
             what
             was
             the
             substance
             of
             that
             copie
             of
             the
             Letter
             from
             the
             King
             that
             Alford
             brought
             from
             Titus
             ?
             he
             answered
             ,
             that
             the
             sum
             of
             it
             was
             this
             ,
             That
             the
             King
             of
             Scots
             did
             declare
             he
             would
             give
             satisfaction
             to
             the
             Scots
             ;
             and
             in
             order
             thereunto
             he
             desired
             Commissioners
             to
             be
             sent
             over
             to
             Breda
             ;
             These
             are
             the
             words
             of
             his
             testimony
             .
             Now
             Sir
             ,
             this
             is
             but
             the
             single
             testimony
             of
             one
             man
             ,
             and
             it
             is
             contrary
             to
             the
             testimony
             of
             that
             very
             man
             that
             brought
             over
             this
             letter
             :
             and
             if
             any
             man
             knew
             the
             substance
             of
             the
             copy
             of
             the
             letter
             pretended
             to
             be
             from
             the
             King
             ,
             it
             must
             be
             Alford
             that
             brought
             it
             over
             .
             Certainly
             ,
             none
             could
             know
             it
             better
             then
             he
             ,
             and
             therfore
             for
             this
             man
             to
             be
             so
             strangely
             besides
             himself
             ,
             and
             to
             forget
             himself
             ,
             so
             as
             to
             say
             ,
             This
             is
             the
             summ
             of
             the
             letter
             ,
             when
             he
             that
             brought
             it
             saith
             the
             contrary
             ,
             and
             did
             not
             know
             that
             this
             was
             the
             sum
             of
             it
             :
             this
             may
             seem
             strange
             ,
             and
             J
             hope
             you
             wil
             judg
             of
             the
             weakness
             of
             this
             testimony
             .
             Being
             ask'd
             whether
             he
             did
             not
             conceive
             this
             to
             be
             the
             copie
             of
             the
             Kings
             letter
             ?
             he
             did
             me
             right
             in
             that
             ,
             for
             he
             said
             ,
             he
             could
             not
             tell
             whether
             it
             was
             the
             copy
             ;
             but
             that
             Alford
             told
             him
             ,
             he
             brought
             over
             a
             copy
             of
             the
             Kings
             letter
             .
             And
             Mr.
             
               At.
               Gen.
            
             was
             pleased
             to
             aggravate
             this
             of
             Cap.
             Far
             against
             me
             :
             Sayes
             he
             ,
             the
             King
             sent
             over
             for
             Commissioners
             to
             treat
             ,
             and
             accordingly
             at
             Mr.
             Loves
             house
             it
             was
             agreed
             upon
             that
             Commissioners
             should
             be
             sent
             ,
             and
             there
             were
             persons
             named
             .
             To
             this
             J
             say
             ,
             that
             ,
             God
             is
             my
             record
             ,
             I
             never
             in
             all
             my
             life
             heard
             (
             as
             J
             remember
             )
             of
             any
             letter
             from
             the
             King
             to
             that
             end
             ,
             that
             Commissioners
             should
             be
             sent
             over
             .
             And
             Far
             doth
             me
             right
             herein
             ;
             for
             in
             answer
             to
             that
             question
             ,
             
               Was
               your
               Commissioners
               agreed
               upon
            
             ?
             he
             three
             times
             answers
             negatively
             .
             J
             do
             not
             perceive
             that
             he
             remembers
             himself
             so
             well
             in
             all
             his
             testimony
             ,
             as
             in
             that
             particular
             .
             Being
             as'kd
             whether
             the
             Commission
             was
             agreed
             upon
             ,
             he
             said
             it
             was
             not
             agreed
             upon
             by
             the
             company
             ;
             and
             herein
             he
             did
             me
             more
             right
             then
             any
             man
             ,
             for
             he
             gave
             my
             reason
             ;
             for
             (
             says
             he
             )
             
               the
               reason
               given
               was
               ,
               because
               private
               persons
               could
               not
               give
               a
               commission
               .
            
             And
             though
             he
             hath
             done
             me
             more
             wrong
             then
             any
             man
             ,
             yet
             herein
             he
             hath
             done
             me
             more
             right
             then
             any
             man.
             Being
             further
             ask'd
             ,
             
               Was
               it
               not
               debated
               to
               send
               a
               Commission
               over
               ?
               Drake
               ,
            
             he
             said
             ,
             read
             a
             paper
             in
             the
             nature
             of
             a
             Commission
             ;
             
               but
               it
               was
               not
               agreed
               upon
               by
               the
               company
               ,
               because
               private
               persons
               could
               do
               no
               such
               thing
               .
            
             And
             a
             third
             time
             he
             sayes
             ,
             
               The
               Commission
               and
               Instructions
               were
               read
               in
               a
               company
               at
               Mr.
            
             Loves
             house
             ;
             (
             that
             he
             affirms
             ,
             and
             that
             J
             do
             not
             deny
             )
             
               but
               not
               agreed
               upon
            
             .
             And
             further
             he
             said
             ,
             he
             did
             
               conceive
               ,
               to
               the
               best
               of
               his
               remembrance
               ,
               it
               was
               in
               the
               name
               of
               the
               Presbyterian
               party
               of
               England
               ;
               but
            
             (
             says
             he
             )
             
               I
               cannot
               positively
               say
               it
               was
               so
               ,
               for
               I
               did
               but
               only
               hear
               it
               read
               .
            
             Then
             your
             Lordship
             askd
             him
             this
             question
             ,
             
               Did
               you
               say
               ,
               that
               the
               Commission
               was
               not
               agreed
               upon
               ,
               but
               that
               the
               Instructions
               were
               ?
            
             To
             this
             Cap.
             Far
             said
             ,
             that
             
               Will.
               Drake
            
             undertook
             to
             draw
             up
             the
             Commission
             and
             Jnstructions
             ;
             but
             yet
             ,
             says
             he
             ,
             
               I
               cannot
               say
               ,
               that
               they
               were
               either
               drawn
               up
               or
               sent
               .
            
             Again
             ,
             he
             says
             further
             (
             and
             herein
             hee
             doth
             me
             more
             right
             then
             Adams
             or
             Alford
             doth
             )
             Adams
             ,
             he
             sayes
             it
             was
             not
             agreed
             upon
             ;
             yet
             he
             saith
             thus
             ,
             There
             was
             a
             Commission
             read
             for
             to
             treat
             ,
             and
             so
             sayes
             Alford
             ;
             But
             this
             man
             sayes
             directly
             ,
             that
             this
             supposed
             commission
             was
             not
             to
             treat
             in
             the
             behalf
             of
             the
             Presbiterian
             party
             .
             And
             it
             had
             been
             a
             folly
             for
             private
             men
             to
             assume
             such
             a
             vain
             title
             to
             themselves
             :
             so
             that
             he
             says
             directly
             ,
             upon
             your
             Lordships
             question
             to
             him
             ,
             that
             it
             was
             not
             to
             treat
             ,
             but
             to
             advise
             the
             Scotch
             commissioners
             ,
             and
             the
             Ministers
             especially
             ,
             to
             agree
             with
             the
             King
             upon
             the
             interest
             of
             Religion
             and
             terms
             of
             the
             covenant
             :
             but
             being
             ask'd
             ,
             Was
             it
             not
             in
             the
             behalf
             of
             the
             Presbyterian
             party
             .
             He
             answered
             no
             ,
             Being
             further
             askt
             :
             
               Was
               there
               not
               an
               agreement
               at
               M.
               Loves
               house
               for
               a
               letter
               to
               be
               sent
               to
               the
               Queen
               ?
            
             Herein
             also
             this
             man
             doth
             me
             right
             :
             he
             said
             
               no
               my
               Lord
            
             ;
             &
             yet
             he
             contradicts
             himself
             likewise
             ,
             for
             being
             askt
             in
             the
             next
             question
             ,
             what
             was
             the
             substance
             of
             that
             letter
             to
             the
             Queen
             ?
             he
             answered
             the
             substance
             of
             the
             letter
             to
             the
             Queen
             was
             ,
             that
             she
             should
             perswade
             the
             King
             to
             give
             satisfaction
             to
             the
             Scots
             in
             their
             just
             demands
             :
             now
             either
             he
             must
             hear
             of
             this
             letter
             somwhere
             else
             ,
             or
             else
             frame
             a
             fixion
             to
             himself
             ,
             that
             this
             was
             the
             matter
             of
             the
             letter
             ,
             when
             there
             was
             no
             such
             letter
             in
             
               rerum
               natura
            
             ;
             The
             next
             thing
             he
             charges
             me
             with
             is
             ,
             that
             I
             should
             say
             it
             was
             agreed
             that
             mony
             should
             bee
             raised
             for
             Massy
             &
             Titus
             ▪
             &
             he
             names
             the
             sum
             ,
             he
             thinks
             250
             or
             300l
             .
             And
             that
             I
             therupon
             should
             particularly
             move
             him
             with
             this
             question
             ,
             C.
             Far
             ,
             
               What
               wil
               you
               do
            
             ?
             Now
             I
             beseech
             your
             Lordship
             &
             the
             Court
             to
             consider
             ,
             that
             he
             doth
             not
             swear
             that
             I
             said
             ,
             
               we
               were
               agreed
            
             ;
             but
             
               it
               was
               agreed
            
             ;
             &
             that
             might
             be
             the
             act
             of
             other
             men
             ,
             &
             not
             mine
             :
             and
             in
             an
             other
             place
             ,
             he
             said
             
               they
               agreed
            
             ;
             but
             he
             doth
             not
             say
             ,
             That
             J
             said
             ,
             
               Wee
               agreed
            
             ;
             to
             include
             my selfe
             ;
             but
             to
             that
             ,
             that
             J
             should
             move
             him
             and
             say
             ,
             C.F.
             
               What
               wil
               you
               do
            
             ?
             Truly
             this
             is
             but
             a
             generall
             question
             ,
             and
             he
             himself
             did
             me
             thus
             far
             right
             ;
             When
             I
             had
             leave
             from
             the
             Court
             to
             propound
             this
             Question
             to
             him
             ,
             Captain
             Far
             ,
             
               Did
               I
               move
               you
               ,
               or
               say
               to
               you
               ,
               What
               mony
               will
               you
               give
               for
            
             Massey
             or
             Titus
             ?
             He
             answered
             ,
             he
             did
             conceive
             it
             was
             for
             that
             use
             ;
             So
             that
             he
             proves
             not
             against
             me
             ,
             that
             I
             moved
             for
             money
             for
             Massey
             or
             Titus
             ;
             but
             onely
             that
             I
             should
             say
             ,
             
               Captain
               Far
               ,
               What
               will
               you
               do
               ?
            
             and
             if
             you
             observe
             the
             words
             of
             the
             testimonie
             ,
             they
             are
             these
             exactly
             .
             He
             tels
             you
             that
             he
             brought
             five
             pounds
             ;
             for
             there
             is
             all
             that
             ever
             I
             am
             charged
             with
             :
             I
             am
             not
             charged
             
             with
             lending
             a
             penny
             ,
             but
             onely
             that
             fifteen
             pounds
             was
             brought
             to
             my
             house
             ;
             ten
             pounds
             by
             Potter
             ,
             and
             five
             pounds
             by
             this
             man
             :
             And
             he
             affirms
             that
             he
             left
             this
             five
             pounds
             at
             my
             house
             ;
             and
             herein
             I
             perceive
             a
             contradiction
             in
             the
             man
             ,
             and
             therefore
             it
             is
             hard
             to
             determine
             when
             he
             speaks
             true
             ,
             or
             when
             he
             speaks
             false
             :
             These
             are
             his
             very
             words
             ;
             
               Mr.
               Love
            
             (
             sayes
             he
             )
             
               ask'd
               me
               what
               I
               would
               do
               ?
               And
               I
               did
               lay
               down
               five
               pounds
               upon
               Mr.
            
             Loves
             
               Table
               when
               severall
               persons
               were
               in
               the
               room
               .
            
             And
             being
             asked
             ,
             Did
             Mr
             Love
             receive
             this
             money
             ?
             he
             said
             he
             could
             not
             tell
             ;
             but
             was
             loth
             to
             tell
             ,
             who
             he
             thought
             received
             it
             ;
             but
             in
             his
             last
             word
             save
             one
             that
             he
             spake
             in
             Court
             (
             which
             made
             much
             for
             my
             advantage
             )
             he
             said
             ,
             he
             thought
             I
             did
             not
             receive
             it
             ;
             and
             God
             is
             my
             record
             ,
             I
             did
             not
             :
             but
             he
             said
             ,
             another
             man
             did
             ,
             and
             named
             Captain
             Massey
             .
             But
             the
             contradiction
             I
             observe
             is
             this
             ;
             He
             tels
             you
             ,
             he
             laid
             down
             five
             pounds
             when
             severall
             persons
             were
             in
             the
             room
             :
             and
             in
             the
             next
             question
             but
             one
             ,
             being
             ask'd
             ,
             Was
             
               Mr.
               Love
            
             in
             the
             room
             ?
             Yes
             ,
             My
             Lord
             ,
             sayes
             he
             ;
             but
             I
             cannot
             say
             any
             body
             else
             was
             there
             .
             So
             that
             therein
             the
             man
             evidently
             contradicts
             himself
             :
             and
             it
             appears
             he
             was
             under
             a
             very
             great
             fear
             ,
             and
             even
             confounded
             by
             the
             many
             questions
             propounded
             to
             him
             .
             I
             ask'd
             him
             further
             ,
             
               Did
               I
               bid
               you
               lay
               it
               down
               ?
            
             Sayes
             he
             ,
             
               I
               cannot
               say
               that
               you
               bid
               me
               lay
               down
               the
               money
               .
            
             Being
             ask'd
             ,
             Was
             this
             way
             of
             laying
             down
             of
             money
             to
             prevent
             discovery
             ?
             He
             said
             ,
             he
             did
             it
             under
             that
             notion
             :
             But
             being
             ask'd
             by
             me
             ,
             
               Did
               I
               bid
               you
               lay
               it
               down
               under
               that
               notion
               ?
            
             He
             answered
             ,
             he
             would
             not
             say
             I
             did
             .
             So
             that
             I
             neither
             directly
             nor
             indirectly
             did
             bid
             him
             bring
             money
             to
             my
             house
             ,
             or
             lay
             it
             down
             when
             it
             was
             brought
             there
             ;
             but
             other
             persons
             were
             in
             the
             room
             ,
             and
             he
             conceives
             what
             person
             took
             it
             away
             :
             therefore
             I
             beseech
             you
             make
             a
             candid
             and
             fair
             interpretation
             of
             what
             ▪
             I
             have
             said
             or
             done
             .
          
           
             Being
             ask'd
             about
             the
             copie
             of
             the
             Kings
             letter
             ,
             that
             Alford
             sayes
             he
             brought
             over
             from
             Titus
             ,
             whether
             I
             was
             in
             the
             room
             whilest
             it
             was
             read
             ?
             he
             said
             ,
             
               I
               cannot
               say
               that
               he
               was
               there
               when
               ▪
               it
               was
               read
               :
            
             but
             he
             was
             there
             during
             some
             part
             of
             the
             communication
             ;
             but
             sayes
             he
             ,
             
               I
               cannot
               say
               he
               was
               there
               at
               the
               reading
               of
               the
               Letter
               ,
               Nor
               can
               I
               say
               he
               was
               present
               whilest
               the
               Narrative
               was
               read
               .
            
             He
             observed
             I
             was
             often
             called
             away
             ,
             and
             was
             absent
             ;
             and
             sayes
             hee
             ,
             
               I
               cannot
               say
               there
               was
               any
               such
               thing
               done
               by
               Mr.
            
             Love.
             And
             I
             ask'd
             him
             this
             question
             ,
             
               Did
               I
               send
               ,
               or
               agree
               to
               send
               Major
            
             Alford
             
               to
               Calice
            
             ?
             Hee
             answers
             ,
             he
             thinks
             I
             did
             not
             ;
             and
             herein
             he
             falsifieth
             his
             former
             Testimony
             ;
             for
             he
             said
             Major
             Alford
             was
             desired
             in
             my
             house
             to
             go
             to
             Calice
             :
             And
             yet
             Alford
             swore
             he
             never
             was
             in
             my
             house
             till
             after
             he
             came
             from
             thence
             .
             But
             herein
             he
             doth
             me
             right
             too
             (
             though
             with
             contradiction
             to
             himself
             .
             )
             He
             said
             ,
             it
             was
             agreed
             at
             my
             house
             that
             Alford
             should
             go
             ;
             and
             yet
             now
             he
             sayes
             he
             thinks
             I
             did
             not
             agree
             to
             the
             sending
             of
             Alford
             .
          
           
             Being
             asked
             further
             ,
             Whether
             did
             I
             give
             consent
             to
             the
             sending
             away
             the
             Commission
             ?
             he
             answered
             ,
             
               I
               cannot
               say
               Mr.
            
             Love
             
               was
               there
               when
               it
               was
               sent
               away
               .
            
             And
             truly
             I
             may
             say
             ,
             who
             brought
             it
             away
             ,
             or
             who
             drew
             it
             up
             ,
             and
             what
             was
             done
             in
             it
             ,
             I
             cannot
             tell
             ;
             there
             might
             be
             a
             thousand
             Treasons
             in
             it
             for
             ought
             I
             know
             ;
             for
             I
             did
             neither
             own
             the
             reading
             of
             it
             ,
             nor
             the
             sending
             of
             it
             ;
             but
             did
             utterly
             protest
             against
             both
             .
             Being
             again
             ask'd
             ,
             whether
             J
             agreed
             to
             the
             sending
             of
             it
             away
             ?
             he
             answered
             ,
             
               It
               was
               agreed
               upon
               by
               all
               ,
               That
               we
               could
               not
               send
               the
               Commission
               away
               .
            
             When
             J
             ask'd
             him
             ,
             Did
             J
             say
             to
             you
             ,
             
               Captain
               Far
            
             ,
             Will
             you
             contribute
             five
             pounds
             for
             Massey
             and
             Titus
             ?
             he
             gave
             this
             answer
             ;
             (
             says
             he
             )
             
               You
               ask'd
               me
               what
               I
               would
               do
               ?
               so
               that
               I
               conceived
               it
               was
               for
            
             Massey
             and
             Titus
             :
             And
             ●e
             affirms
             ,
             he
             laid
             this
             five
             pounds
             down
             in
             my
             house
             ;
             but
             did
             not
             say
             that
             J
             received
             it
             ;
             and
             in
             the
             presence
             of
             God
             J
             speak
             it
             ,
             J
             never
             saw
             it
             nor
             ,
             received
             it
             in
             all
             my
             life
             .
          
           
             And
             thus
             with
             much
             acknowledgment
             ,
             and
             blessing
             God
             ,
             and
             thanking
             your
             Lordship
             and
             the
             Court
             ,
             you
             have
             given
             mee
             leave
             to
             take
             a
             brief
             survey
             through
             the
             Depositions
             of
             the
             Witnesses
             ,
             though
             they
             have
             been
             very
             large
             ,
             and
             the
             Charge
             against
             me
             very
             high
             .
          
           
             Now
             having
             spoken
             to
             the
             Depositions
             (
             before
             I
             shall
             crave
             leave
             to
             speak
             something
             concerning
             my self
             ,
             and
             make
             humble
             Proposals
             to
             this
             Court
             )
             I
             shall
             add
             but
             one
             word
             ,
             and
             it
             is
             this
             :
             I
             was
             loath
             ,
             before
             I
             saw
             Witnesses
             face
             to
             face
             ,
             to
             confesse
             any
             thing
             :
             I
             deem'd
             it
             against
             nature
             for
             any
             to
             confesse
             against
             himself
             ,
             unlesse
             he
             could
             be
             sure
             his
             confession
             should
             not
             prejudice
             him
             ;
             and
             I
             might
             have
             been
             guilty
             of
             my
             own
             bloud
             ,
             if
             I
             had
             confessed
             :
             for
             then
             ,
             did
             the
             matter
             confess'd
             amount
             to
             Treason
             by
             your
             Law
             ,
             my
             life
             would
             be
             at
             your
             mercy
             ,
             and
             you
             might
             hang
             mee
             upon
             mine
             own
             confession
             :
             and
             upon
             that
             ground
             I
             went
             resolved
             to
             the
             Committee
             ,
             and
             through
             the
             grace
             of
             God
             I
             resolved
             not
             there
             confesse
             a
             word
             nor
             tittle
             ,
             till
             I
             heard
             what
             proof
             was
             brought
             in
             against
             me
             .
             And
             now
             I
             do
             ingenuously
             acknowledg
             .
             That
             there
             were
             severall
             Meetings
             at
             my
             house
             ,
             That
             these
             persons
             met
             there
             ,
             and
             that
             this
             Commission
             was
             read
             there
             :
             but
             I
             did
             utterly
             dislike
             it
             ,
             and
             dissent
             from
             it
             .
             
             And
             that
             I
             was
             present
             at
             the
             reading
             of
             Letters
             ,
             either
             at
             the
             beginning
             ,
             or
             end
             ,
             or
             some
             part
             of
             them
             ,
             I
             do
             acknowledg
             :
             And
             this
             I
             say
             ,
             that
             I
             was
             ignorant
             of
             the
             danger
             that
             now
             I
             see
             I
             am
             in
             .
             The
             Act
             of
             the
             second
             of
             August
             1650
             ,
             doth
             make
             it
             Treason
             to
             hold
             any
             correspondencie
             ,
             or
             to
             send
             Letters
             ,
             though
             but
             in
             a
             way
             of
             commerce
             ,
             into
             Scotland
             ;
             let
             the
             matter
             of
             them
             be
             what
             it
             will
             be
             :
             Now
             herein
             my
             Councel
             acquaints
             me
             with
             my
             danger
             ,
             that
             I
             being
             sometimes
             present
             when
             Letters
             were
             read
             in
             my
             house
             ,
             am
             guilty
             of
             a
             concealment
             :
             and
             as
             to
             that
             I
             do
             humbly
             lay
             my self
             at
             your
             feet
             and
             mercie
             .
             But
             as
             to
             Treason
             ,
             I
             do
             not
             know
             any
             personall
             act
             of
             mine
             proved
             against
             me
             ,
             that
             brings
             me
             under
             any
             Act
             of
             yours
             .
             And
             thus
             having
             briefly
             spoken
             concerning
             the
             Charge
             in
             generall
             ,
             and
             concerning
             my
             accusers
             ▪
             and
             having
             briefly
             surveyed
             their
             Testimony
             ,
             I
             shall
             humbly
             crave
             leave
             to
             speak
             something
             concerning
             my self
             ,
             and
             I
             shall
             be
             very
             brief
             in
             it
             .
          
           
             Concerning
             my self
             ,
             it
             is
             needfull
             I
             should
             speak
             a
             word
             :
             I
             would
             not
             stand
             under
             misrepresentations
             ,
             to
             seem
             to
             be
             what
             I
             am
             not
             .
             I
             am
             presented
             unto
             some
             ,
             as
             if
             I
             were
             a
             Malignant
             ,
             an
             Apostate
             from
             my
             first
             principles
             ,
             a
             mover
             of
             sedition
             ;
             and
             what
             not
             but
             what
             I
             am
             ?
             Wherefore
             I
             am
             constrained
             to
             speak
             a
             word
             in
             my
             own
             vindication
             ;
             and
             I
             shall
             make
             the
             Apostles
             apologie
             ,
             
               I
               am
               become
               a
               fool
               in
               glorying
               :
               but
               ye
               have
               compelled
               me
               .
               I
            
             count
             it
             never
             lawfull
             for
             a
             mans
             own
             mouth
             to
             praise
             him
             ,
             till
             another
             mans
             mouth
             accuses
             him
             ;
             and
             then
             he
             may
             without
             vanity
             be
             his
             own
             vindicator
             .
             What
             I
             shall
             say
             of
             my self
             ,
             the
             Lord
             knows
             it
             is
             not
             voluntarily
             ,
             out
             of
             an
             affected
             ostentation
             ,
             but
             by
             compulsion
             ,
             for
             a
             necessary
             and
             cleer
             manifestation
             of
             my
             Principles
             and
             Practices
             now
             suspected
             .
             As
             touching
             Malignity
             ,
             I
             hate
             both
             Name
             and
             Thing
             :
             and
             ,
             as
             Cardinal
             Farnesus
             said
             of
             himself
             profanely
             ,
             That
             if
             he
             knew
             any
             part
             of
             him
             infected
             with
             Lutheranism
             ,
             he
             would
             cut
             it
             off
             ,
             and
             cast
             it
             into
             the
             fire
             :
             That
             I
             can
             say
             truly
             ,
             That
             if
             I
             knew
             any
             part
             of
             mee
             infected
             with
             Malignity
             ,
             I
             would
             cut
             it
             off
             with
             the
             pruning
             hook
             of
             mortification
             ,
             and
             by
             an
             ingenuous
             retractation
             before
             you
             all
             this
             day
             .
             God
             is
             my
             witnesse
             ,
             I
             never
             drove
             a
             Malignant
             Designe
             ,
             I
             never
             carried
             on
             a
             Malignant
             interest
             ,
             I
             detest
             both
             ;
             I
             still
             retain
             my
             old
             Covenanting
             principles
             ,
             from
             which
             through
             the
             grace
             of
             God
             I
             will
             never
             depart
             for
             any
             terrour
             or
             perswasion
             whatsoever
             .
             When
             I
             look
             upon
             all
             the
             Vows
             ,
             and
             Covenants
             ,
             and
             Declarations
             ,
             and
             Protestations
             of
             both
             Houses
             of
             Parliament
             ,
             I
             do
             finde
             a
             sutablenesse
             between
             my
             judgment
             and
             them
             ,
             and
             am
             not
             conscious
             to
             my selfe
             of
             any
             thing
             that
             I
             have
             done
             in
             opposition
             or
             contradiction
             thereunto
             :
             And
             therefore
             J
             may
             say
             as
             Jeremy
             did
             when
             he
             was
             accused
             in
             the
             like
             case
             ,
             of
             making
             defection
             to
             a
             contrary
             party
             ,
             Jerem.
             37.13
             ,
             14.
             
             
               Irijah
               said
               to
               Jeremiah
               ,
               Thou
               fallest
               away
               to
               the
               Caldeans
               :
               Then
               said
               Jeremiah
               ,
               It
               is
               false
               ,
               I
               fall
               not
               away
               to
               the
               Caldeans
               .
            
             So
             ,
             if
             it
             be
             charged
             upon
             mee
             ,
             that
             J
             am
             fallen
             from
             my
             first
             Principles
             ,
             or
             that
             J
             am
             fallen
             to
             Malignity
             ;
             J
             say
             to
             any
             that
             shall
             so
             accuse
             me
             ,
             Jt
             is
             false
             ,
             J
             fall
             not
             away
             to
             Malignitie
             ,
             J
             do
             retain
             as
             great
             a
             keenness
             ,
             and
             shall
             whilest
             J
             live
             ,
             and
             as
             strong
             an
             opposition
             against
             a
             Malignant
             interest
             ,
             whether
             in
             Scotland
             ,
             or
             in
             England
             ,
             or
             in
             any
             part
             of
             the
             world
             ,
             against
             the
             Nation
             where
             J
             live
             ,
             and
             have
             to
             this
             day
             ,
             as
             ever
             J
             did
             in
             former
             times
             .
             J
             am
             no
             Jncendiary
             or
             evill
             Jnstrument
             ,
             to
             divide
             the
             Nations
             one
             from
             another
             .
             God
             knows
             ,
             the
             grief
             of
             my
             heart
             hath
             been
             for
             the
             divisions
             ,
             and
             the
             desire
             of
             my
             soul
             hath
             been
             for
             the
             union
             of
             both
             the
             Nations
             :
             and
             if
             J
             had
             as
             many
             lives
             as
             J
             have
             hairs
             on
             my
             head
             ,
             or
             as
             much
             bloud
             in
             my
             veins
             as
             there
             is
             water
             in
             the
             sea
             ,
             J
             could
             count
             it
             all
             well
             spent
             to
             quench
             the
             burning
             that
             our
             sins
             have
             kindled
             between
             the
             two
             Nations
             .
             J
             have
             all
             along
             engaged
             my
             estate
             and
             life
             in
             the
             Parliaments
             Quarrel
             against
             the
             Forces
             raised
             by
             the
             King
             :
             My
             appearing
             in
             their
             cause
             was
             not
             from
             any
             aim
             at
             profit
             ,
             but
             out
             of
             a
             perswasion
             of
             conscience
             ,
             and
             sense
             of
             duty
             .
             J
             may
             speak
             it
             as
             Paul
             doth
             it
             of
             himself
             ,
             
               I
               was
               in
               labours
               more
               then
               they
               all
               .
            
             J
             speak
             it
             without
             vanity
             ,
             J
             was
             ,
             according
             to
             my
             obscure
             station
             and
             mean
             condition
             ,
             in
             doing
             and
             giving
             in
             the
             Parliaments
             Quarrell
             ,
             more
             then
             many
             .
             Many
             gave
             out
             of
             their
             abundance
             ,
             but
             J
             out
             of
             my
             want
             :
             and
             as
             Christ
             spake
             to
             the
             widow
             who
             gave
             two
             mites
             ,
             that
             
               she
               gave
               more
               then
               they
               all
               ;
               for
               she
               gave
               all
               that
               she
               had
               ,
               even
               all
               her
               living
               :
            
             So
             did
             J
             ;
             though
             J
             gave
             my
             mite
             ,
             yet
             J
             gave
             my
             all
             :
             And
             J
             did
             not
             only
             deem
             it
             my
             duty
             to
             preach
             for
             the
             lawfulnesse
             of
             a
             Defensive
             war
             ,
             but
             ,
             unlesse
             my
             Books
             and
             wearing
             apparel
             ,
             J
             contributed
             all
             that
             J
             had
             in
             the
             world
             ;
             and
             that
             was
             no
             small
             summ
             ,
             considering
             the
             meannesse
             of
             my
             condition
             .
             And
             J
             have
             at
             this
             day
             a
             great
             summ
             due
             to
             mee
             from
             the
             State
             ,
             which
             is
             still
             kept
             from
             me
             ,
             and
             now
             my
             life
             endeavoured
             to
             be
             taken
             from
             mee
             .
             And
             yet
             for
             all
             this
             ,
             J
             repent
             not
             of
             what
             J
             have
             done
             ;
             though
             J
             could
             from
             my
             soul
             wish
             ,
             That
             the
             ends
             of
             that
             just
             VVar
             had
             been
             better
             accomplished
             :
             then
             should
             we
             have
             been
             happy
             and
             united
             among
             our selves
             ,
             and
             honoured
             among
             the
             Nations
             round
             about
             us
             ,
             J
             am
             so
             far
             (
             J
             say
             )
             from
             repenting
             of
             what
             J
             have
             done
             ,
             both
             by
             doing
             
             and
             contributing
             ,
             and
             suffering
             in
             the
             Parliaments
             Quarrell
             .
             That
             were
             it
             to
             do
             again
             upon
             the
             same
             unquestionable
             Authority
             for
             the
             same
             declared
             ends
             ,
             and
             against
             the
             same
             Malignant
             persons
             ,
             I
             should
             manifest
             as
             much
             readinesse
             of
             mind
             to
             engage
             according
             to
             my
             measure
             ,
             as
             ever
             I
             did
             .
          
           
             And
             thus
             I
             have
             declared
             my selfe
             touching
             my
             Principles
             ,
             in
             these
             particulars
             ;
             I
             shall
             now
             crave
             leave
             to
             expresse
             my selfe
             a
             little
             touching
             my
             sufferings
             ;
             and
             then
             to
             make
             but
             a
             few
             humble
             Proposals
             ,
             and
             so
             cast
             my
             life
             into
             Gods
             hands
             and
             yours
             .
             Touching
             my
             sufferings
             ;
             I
             may
             say
             ,
             that
             my
             whole
             life
             hath
             been
             a
             time
             of
             affliction
             ,
             either
             of
             body
             or
             mind
             ,
             God
             sees
             my
             heart
             to
             be
             a
             tuffe
             and
             knotty
             piece
             ,
             that
             it
             needs
             so
             many
             blows
             to
             break
             it
             ;
             I
             may
             say
             with
             the
             Psalmist
             ,
             I
             
               have
               been
               afflicted
               from
               my
               youth
               up
               ,
            
             and
             from
             my
             youth
             up
             I
             have
             met
             with
             opposition
             .
             From
             the
             Prelates
             ,
             being
             persecuted
             by
             them
             ,
             meerly
             for
             conscience
             sake
             ;
             it
             is
             near
             twenty
             years
             since
             I
             was
             cited
             to
             the
             Bishops
             Courts
             ;
             I
             have
             been
             often
             troubled
             for
             hearing
             of
             Sermons
             ,
             and
             discharging
             other
             exercises
             of
             Religion
             ,
             which
             were
             an
             offence
             in
             those
             dayes
             :
             When
             I
             was
             a
             Scholer
             in
             Oxon
             and
             Master
             of
             Arts
             (
             I
             do
             not
             speak
             it
             out
             of
             vaine
             ostentation
             ,
             but
             meerly
             to
             represent
             unto
             you
             ,
             that
             what
             I
             was
             ,
             I
             am
             ,
             and
             what
             J
             am
             ,
             ▪
             J
             was
             )
             J
             was
             the
             first
             Scholer
             that
             J
             know
             of
             ,
             or
             ever
             heard
             of
             in
             Oxon
             ,
             who
             did
             publickly
             refuse
             in
             the
             Congregation
             House
             to
             subscribe
             unto
             those
             impositions
             ,
             or
             Cannons
             imposed
             by
             the
             Arch-Bishop
             touching
             the
             Prelates
             and
             Common
             Prayer
             .
             And
             for
             which
             ,
             though
             they
             would
             not
             deny
             me
             my
             degree
             ,
             yet
             I
             was
             expelled
             the
             Congregation
             House
             ,
             never
             to
             fit
             as
             a
             Member
             among
             them
             .
             When
             J
             came
             first
             to
             London
             ,
             which
             is
             about
             twelve
             years
             since
             ,
             J
             was
             opposed
             by
             the
             B.
             of
             London
             ;
             and
             though
             J
             was
             called
             as
             a
             Lecturer
             to
             
               Ann
               Aldersgate
            
             ,
             yet
             it
             was
             near
             three
             years
             before
             J
             could
             fasten
             upon
             any
             Lecture
             .
             After
             this
             ,
             about
             the
             year
             1640
             ,
             or
             1641
             ,
             J
             was
             imprisoned
             in
             New-Castle
             ,
             meerly
             for
             expressing
             my self
             against
             the
             errors
             of
             the
             Service-Book
             ,
             and
             was
             removed
             from
             prison
             there
             ,
             by
             a
             
               Habeas
               Corpus
            
             ,
             to
             this
             place
             ;
             And
             in
             this
             Court
             of
             Kings
             Bench
             ,
             J
             was
             acquitted
             .
             After
             this
             ,
             about
             the
             beginning
             of
             the
             Wars
             between
             the
             late
             King
             and
             the
             Parliament
             .
             J
             was
             the
             first
             Minister
             that
             J
             know
             of
             in
             England
             ,
             who
             was
             accused
             for
             preaching
             of
             Treason
             and
             Rebellion
             ,
             meerly
             for
             maintaining
             in
             a
             Sermon
             in
             Kent
             at
             Tenterden
             ,
             the
             lawfulnesse
             of
             a
             defensive
             war
             ,
             at
             the
             first
             breaking
             out
             and
             irruption
             of
             our
             Troubles
             ;
             but
             was
             then
             publikely
             acquitted
             in
             a
             Court
             there
             ,
             and
             recovered
             costs
             and
             damages
             of
             my
             Accuser
             .
             After
             this
             J
             had
             a
             little
             breathing
             time
             ,
             whilst
             the
             two
             Houses
             of
             Parliament
             were
             in
             power
             ;
             only
             J
             was
             once
             complained
             against
             by
             the
             Kings
             Commissioners
             at
             Vxbridge
             for
             preaching
             a
             Sermon
             there
             ;
             J
             did
             not
             know
             that
             J
             should
             preach
             there
             till
             the
             Psalm
             was
             sung
             ,
             and
             did
             only
             preach
             a
             Sermon
             which
             J
             had
             preached
             the
             day
             before
             at
             Windsor
             Castle
             ;
             J
             was
             ,
             J
             say
             ,
             complained
             of
             by
             the
             Kings
             Commissioners
             to
             the
             House
             ,
             for
             that
             Sermon
             ;
             but
             within
             three
             weeks
             J
             was
             acquitted
             and
             discharged
             ,
             by
             order
             of
             the
             House
             of
             Commons
             .
             That
             Sermon
             is
             much
             spoken
             of
             because
             it
             is
             so
             little
             seen
             ,
             it
             is
             so
             obscure
             a
             piece
             ,
             and
             many
             imagine
             ,
             as
             if
             the
             keenesse
             of
             my
             affection
             was
             blunted
             from
             what
             it
             was
             in
             that
             Sermon
             :
             But
             J
             declare
             unto
             you
             ,
             that
             J
             come
             up
             to
             this
             day
             to
             every
             tittle
             of
             that
             Sermon
             :
             J
             hear
             it
             is
             lately
             printed
             ,
             and
             if
             it
             be
             printed
             according
             to
             the
             first
             copy
             ,
             J
             will
             own
             every
             line
             of
             it
             ,
             as
             that
             to
             which
             my
             heart
             and
             judgement
             concurs
             to
             this
             very
             day
             .
             After
             all
             this
             ,
             since
             the
             late
             change
             of
             Government
             ,
             J
             have
             been
             three
             times
             in
             trouble
             ;
             J
             was
             once
             committed
             to
             custody
             by
             ,
             and
             twice
             cited
             before
             the
             Committee
             of
             Plundred
             Ministers
             ,
             but
             there
             was
             no
             sufficient
             proof
             against
             me
             ,
             and
             so
             J
             was
             discharged
             .
          
           
             But
             now
             last
             of
             all
             ,
             this
             great
             and
             last
             tryal
             and
             trouble
             is
             come
             upon
             me
             :
             J
             have
             been
             kept
             severall
             weeks
             in
             close
             Prison
             ,
             and
             now
             J
             am
             arraigned
             for
             my
             life
             ;
             herein
             is
             my
             great
             comfort
             ,
             even
             that
             which
             was
             the
             Apostles
             ,
             
               God
               that
               hath
               delivered
               me
               ,
               he
               doth
               deliver
               me
               ,
               in
               whom
               I
               trust
               that
               he
               will
               yet
               deliver
               me
               .
            
             
             And
             that
             that
             shall
             be
             made
             good
             to
             me
             ;
             
               He
               shall
               deliver
               thee
               in
               six
               troubles
               ,
               yea
               in
               seven
               there
               shall
               no
               evill
               touch
               thee
               .
            
             As
             Cato
             ,
             he
             was
             accused
             thirty
             two
             times
             by
             the
             unkind
             State
             whom
             he
             faithfully
             served
             ,
             and
             yet
             after
             thirty
             two
             times
             accusation
             ,
             his
             innocency
             and
             uprightnesse
             brought
             him
             off
             .
             Why
             should
             not
             I
             be
             confident
             in
             my
             God
             ,
             who
             have
             had
             a
             life
             time
             of
             experience
             of
             his
             care
             and
             love
             towards
             me
             .
             It
             is
             not
             the
             danger
             of
             my
             life
             troubles
             me
             ;
             I
             am
             a
             sickly
             man
             ,
             and
             I
             know
             a
             disease
             will
             ear
             long
             kill
             me
             ,
             whatever
             you
             do
             with
             me
             ;
             but
             this
             grieves
             me
             more
             ;
             That
             I
             should
             suffer
             from
             their
             hands
             for
             whom
             I
             have
             done
             and
             suffered
             so
             much
             in
             my
             obscure
             station
             ,
             and
             according
             to
             my
             weak
             measure
             ;
             had
             it
             been
             an
             Enemy
             had
             dealt
             thus
             by
             me
             ,
             and
             made
             such
             an
             eager
             prosecution
             of
             me
             ,
             and
             such
             high
             aggravations
             of
             that
             which
             in
             the
             simplicity
             of
             my
             heart
             I
             have
             done
             ,
             it
             had
             not
             been
             so
             much
             ,
             and
             as
             I
             told
             the
             Committee
             when
             I
             was
             
             examined
             by
             them
             (
             who
             charged
             me
             with
             Jesuisme
             and
             non-ingenuity
             ,
             because
             I
             would
             not
             confesse
             against
             my selfe
             and
             others
             )
             that
             though
             I
             honoured
             them
             as
             private
             Gentlemen
             ,
             and
             should
             acquaint
             them
             with
             what
             my self
             had
             done
             ,
             when
             it
             should
             not
             be
             a
             snare
             to
             me
             ;
             but
             when
             they
             shall
             apprehend
             me
             by
             a
             warrant
             for
             Treason
             ,
             and
             examine
             me
             in
             order
             to
             a
             triall
             for
             my
             life
             ,
             In
             no
             Judicature
             in
             the
             world
             ,
             will
             I
             confesse
             a
             word
             ,
             till
             I
             first
             hear
             what
             will
             come
             in
             against
             me
             .
             Now
             as
             I
             told
             them
             then
             ,
             I
             never
             wrote
             letter
             ,
             nor
             received
             letter
             ;
             nor
             sent
             ,
             or
             lent
             mony
             to
             any
             person
             of
             the
             Scotish
             Nation
             .
             Now
             that
             I
             should
             meet
             with
             this
             hard
             measure
             ;
             to
             have
             the
             most
             ridgid
             and
             severe
             interpretation
             put
             upon
             all
             my
             actions
             ,
             to
             be
             look'd
             upon
             with
             so
             jealous
             (
             I
             might
             say
             with
             a
             worser
             )
             eye
             ,
             that
             have
             in
             my
             measure
             ventured
             my
             all
             ,
             in
             the
             same
             quarrell
             that
             you
             were
             ingaged
             in
             ,
             and
             lifted
             up
             my
             hands
             in
             the
             same
             Covenant
             ,
             that
             have
             took
             sweet
             counsell
             together
             ,
             and
             walk'd
             in
             fellowship
             one
             with
             another
             ;
             That
             from
             these
             I
             should
             have
             such
             hard
             measure
             ,
             This
             ,
             this
             troubles
             me
             greatly
             ;
             had
             I
             been
             so
             dealt
             withall
             at
             the
             Juncto
             at
             Oxon
             ,
             I
             should
             not
             have
             been
             so
             troubled
             at
             it
             ;
             but
             to
             be
             dealt
             so
             with
             at
             Westminster
             ,
             this
             is
             that
             at
             which
             I
             stand
             amazed
             :
             yet
             blessed
             be
             God
             ,
             I
             am
             not
             affraid
             ;
             My
             Conscience
             doth
             not
             tell
             me
             of
             any
             personal
             Act
             of
             mine
             proved
             against
             me
             that
             brings
             me
             under
             any
             of
             your
             laws
             as
             to
             Treason
             .
             And
             thus
             having
             exprest
             my self
             ,
             concerning
             my
             charge
             ,
             and
             the
             witnesses
             ,
             and
             my self
             .
             I
             shall
             now
             in
             the
             close
             of
             all
             say
             (
             what
             ever
             tortured
             collections
             ,
             or
             inferences
             ,
             are
             drawn
             from
             my
             practises
             ,
             and
             however
             Lawyers
             may
             aggravate
             those
             things
             that
             in
             part
             have
             been
             proved
             against
             me
             ;
             yet
             I
             do
             declare
             in
             the
             presence
             of
             God
             ,
             that
             what
             ever
             I
             have
             done
             ,
             in
             the
             simplicity
             and
             integrity
             of
             my
             heart
             ,
             I
             have
             done
             it
             ;
             and
             did
             deem
             it
             to
             be
             consonant
             and
             agreeable
             ,
             both
             to
             my
             conscience
             ,
             and
             to
             the
             Protestations
             ,
             and
             Covenant
             I
             have
             taken
             :
             and
             I
             have
             done
             nothing
             out
             of
             animosity
             or
             from
             a
             spirit
             of
             revenge
             ;
             and
             thus
             J
             have
             done
             concerning
             my self
             .
             J
             have
             only
             a
             few
             humble
             proposalls
             to
             make
             to
             your
             Lordship
             ,
             and
             the
             Court
             ,
             and
             then
             J
             shall
             leave
             all
             to
             Gods
             determination
             and
             yours
             .
             To
             you
             that
             are
             my
             Judges
             ,
             J
             humbly
             crave
             this
             of
             you
             ,
             and
             J
             do
             it
             upon
             your
             Lordships
             words
             ,
             the
             first
             day
             of
             my
             appearance
             here
             .
             When
             you
             were
             pleased
             to
             deny
             me
             Counsell
             ,
             you
             said
             you
             would
             be
             Counsell
             for
             me
             ;
             and
             J
             beseech
             you
             be
             so
             ,
             for
             you
             are
             Judges
             both
             of
             matter
             of
             law
             ,
             and
             matter
             of
             fact
             .
             J
             may
             make
             use
             of
             that
             passage
             ,
             Proverbs
             31.8
             .
             Solomon
             says
             there
             ,
             
               that
               rulers
               must
               open
               their
               mouthes
               for
               the
               dumb
               ,
               in
               the
               cause
               of
               all
               such
               as
               are
               appointed
               for
               destruction
               .
            
             Truly
             ,
             My
             Lord
             ,
             J
             am
             as
             a
             dumb
             man
             before
             you
             ;
             dumb
             in
             matters
             of
             Law
             ,
             J
             cannot
             plead
             one
             word
             for
             my self
             :
             J
             beseech
             you
             be
             as
             Solomons
             Rulers
             were
             ,
             and
             open
             your
             mouths
             for
             him
             that
             is
             appointed
             to
             destruction
             ;
             you
             who
             are
             my
             Judges
             ,
             be
             my
             Advocates
             ,
             my
             life
             lies
             in
             your
             hands
             .
             And
             then
             J
             beseech
             you
             let
             me
             make
             this
             humble
             motion
             to
             you
             ,
             That
             you
             would
             not
             count
             any
             thing
             that
             J
             have
             done
             to
             be
             out
             of
             animosity
             ,
             or
             stoutnesse
             of
             Spirit
             ;
             Truly
             ,
             nothing
             but
             Conscience
             could
             carry
             me
             through
             all
             my
             sufferings
             ;
             I
             could
             not
             leave
             such
             dear
             relations
             that
             God
             hath
             given
             me
             ,
             and
             such
             a
             loving
             people
             ,
             and
             comfortable
             livelihood
             ,
             as
             any
             Minister
             hath
             within
             the
             walls
             of
             London
             :
             Nothing
             but
             conviction
             of
             conscience
             ,
             can
             carry
             me
             another
             way
             :
             And
             till
             Conscience
             be
             fully
             satisfied
             ,
             J
             cannot
             stir
             one
             step
             .
          
           
             The
             next
             thing
             J
             beg
             is
             to
             beseech
             your
             Lordship
             and
             the
             Court
             ,
             to
             put
             a
             candid
             and
             fair
             interpretation
             upon
             all
             that
             J
             have
             done
             ,
             or
             that
             by
             witness
             you
             have
             heard
             ;
             that
             it
             was
             no
             Malignant
             design
             ,
             though
             I
             do
             not
             own
             the
             management
             of
             any
             design
             :
             J
             never
             writ
             letter
             ,
             nor
             sent
             letter
             to
             any
             of
             the
             Scotish
             nation
             ;
             yet
             thus
             far
             J
             own
             the
             thing
             ,
             that
             it
             was
             agreeable
             to
             my
             judgement
             and
             Conscience
             :
             For
             J
             thought
             the
             interest
             of
             God
             ,
             and
             Religion
             ,
             and
             the
             good
             of
             the
             Nation
             would
             be
             more
             advanced
             ,
             if
             the
             King
             went
             into
             Scotland
             upon
             Covenant
             terms
             ,
             then
             if
             he
             should
             fall
             into
             the
             hands
             af
             the
             Jrish
             rebells
             ;
             or
             offer
             this
             Nation
             to
             the
             Turk
             ,
             or
             Spanyard
             ,
             or
             any
             other
             to
             come
             in
             and
             make
             a
             prey
             of
             it
             .
             J
             did
             Judg
             it
             would
             be
             a
             foundation
             laid
             of
             great
             troubles
             and
             blood
             ,
             if
             he
             were
             not
             received
             by
             that
             nation
             .
             And
             though
             I
             did
             not
             ,
             and
             do
             not
             in
             the
             least
             own
             either
             the
             Commission
             or
             Instructions
             ,
             or
             the
             way
             of
             management
             of
             that
             businesse
             ,
             yet
             I
             confesse
             the
             agreement
             between
             the
             King
             and
             Scots
             I
             desired
             ,
             and
             deemed
             it
             my
             duty
             upon
             this
             ground
             ,
             one
             clause
             of
             the
             Covenant
             being
             ,
             to
             seek
             the
             union
             and
             good
             of
             both
             Nations
             ;
             and
             those
             who
             endeavour
             the
             contrary
             are
             declared
             by
             the
             Covenant
             to
             be
             Incendaries
             ,
             Malignants
             ,
             and
             Evill
             Instruments
             ,
             who
             not
             only
             divide
             the
             Kingdoms
             one
             from
             another
             ,
             but
             divide
             the
             King
             from
             his
             people
             .
             Now
             they
             declaring
             him
             to
             be
             their
             King
             ,
             according
             to
             my
             apprehension
             I
             thought
             it
             agreeable
             to
             my
             Covenant
             ,
             to
             pray
             and
             desire
             ,
             as
             a
             private
             man
             ,
             and
             no
             more
             ,
             for
             an
             agreement
             between
             the
             King
             and
             them
             ,
             upon
             those
             terms
             consistent
             with
             the
             safety
             of
             Religion
             ,
             and
             the
             terms
             of
             the
             Covenant
             .
          
           
             And
             thus
             I
             have
             opened
             my
             heart
             to
             you
             .
             The
             favourable
             interpretation
             I
             humbly
             beg
             of
             
             you
             is
             this
             ,
             That
             things
             might
             not
             be
             taken
             in
             the
             worst
             sense
             :
             
               Non
               est
               reus
               ,
               nisi
               mens
               sit
               rea
            
             :
             He
             is
             not
             guilty
             ,
             unlesse
             the
             mind
             be
             guilty
             ,
             I
             heard
             your
             Lord-ship
             say
             so
             at
             Guild-Hall
             ,
             as
             I
             remember
             .
          
           
             The
             Lord
             knows
             in
             the
             uprightnesse
             of
             my
             heart
             ,
             I
             have
             done
             ,
             what
             I
             have
             done
             .
             It
             is
             a
             Maxime
             in
             the
             Law
             (
             I
             have
             read
             it
             in
             Divinity
             books
             )
             
               Ampliandi
               sunt
               favores
               ,
               et
               in
               paenis
               benignior
               interpretatio
               facienda
            
             ;
             Favours
             are
             to
             be
             amplifyed
             and
             enlarged
             by
             Magistrates
             ;
             but
             in
             punishments
             ,
             the
             most
             benigne
             and
             favourable
             interpretations
             must
             be
             made
             .
             Now
             of
             my
             Actions
             the
             harshest
             interpretations
             are
             made
             ;
             I
             have
             a
             Charge
             laid
             against
             me
             ,
             which
             I
             deem
             (
             and
             as
             my
             Councell
             tels
             me
             )
             to
             be
             rather
             a
             flourish
             in
             Law
             ,
             then
             reality
             of
             matter
             ..
          
           
             I
             stood
             amazed
             when
             I
             heard
             the
             charge
             against
             me
             ,
             I
             thought
             it
             had
             rather
             been
             against
             some
             other
             man
             then
             against
             me
             .
             As
             if
             I
             should
             send
             to
             the
             Queen
             ,
             Piercy
             and
             Jermin
             :
             herein
             I
             did
             rather
             venture
             my
             life
             upon
             a
             Tryall
             ,
             then
             to
             lie
             under
             all
             that
             Obloquie
             ,
             which
             that
             charge
             did
             lay
             upon
             me
             .
             Therefore
             I
             again
             beseech
             you
             put
             a
             fair
             and
             candid
             interpretation
             upon
             what
             is
             proved
             against
             me
             .
          
           
             I
             remember
             a
             phrase
             ,
             
               Summum
               jus
               est
               summa
               injuria
            
             ,
             to
             be
             over
             just
             ,
             is
             to
             be
             injurious
             .
             
               Be
               not
               over
               righteous
            
             ,
             may
             refer
             to
             Courts
             of
             Judicatory
             .
             Herein
             I
             acknowledge
             ,
             that
             my
             not
             revealing
             what
             my
             accusers
             have
             done
             ,
             this
             layeth
             me
             under
             the
             fault
             of
             a
             concealment
             ,
             for
             which
             I
             lay
             my selfe
             at
             your
             feet
             .
          
           
             The
             next
             humble
             request
             I
             have
             to
             make
             ,
             is
             this
             ,
             To
             intreat
             your
             Lordship
             and
             the
             Court
             ,
             that
             you
             would
             not
             hearken
             to
             any
             politick
             suggestions
             ,
             that
             may
             be
             laid
             before
             you
             :
             I
             know
             under
             what
             disadvantage
             I
             lye
             ,
             that
             am
             the
             first
             Minister
             in
             England
             tryed
             for
             Treason
             ,
             in
             a
             businesse
             of
             this
             nature
             ,
             and
             what
             a
             prejudice
             this
             is
             to
             me
             ,
             to
             make
             an
             example
             upon
             .
          
           
             The
             first
             Suggestion
             that
             I
             humble
             intreat
             you
             would
             not
             hearken
             to
             ,
             is
             ;
             That
             it
             will
             not
             be
             for
             the
             honour
             and
             interest
             of
             the
             State
             ,
             if
             I
             be
             not
             condemned
             ;
             Truly
             it
             is
             for
             the
             honour
             of
             the
             State
             for
             you
             to
             do
             Justice
             ,
             If
             you
             have
             found
             ,
             that
             I
             ever
             writ
             letter
             ,
             or
             sent
             ,
             or
             received
             letter
             ,
             or
             lent
             money
             ;
             if
             in
             these
             regards
             you
             have
             found
             me
             within
             your
             Acts
             ,
             spare
             me
             not
             :
             But
             if
             I
             have
             been
             onely
             present
             at
             the
             reading
             of
             letters
             ,
             and
             have
             been
             silent
             at
             what
             others
             have
             done
             ;
             therein
             I
             lay
             my selfe
             at
             your
             mercy
             ,
             to
             shew
             me
             favour
             .
             It
             was
             a
             suggestion
             to
             
               Pilate
               ,
               If
               thou
               sparest
               that
               man
               ,
               thou
               art
               no
               friend
               to
               Caesar
            
             ;
             and
             so
             if
             you
             do
             not
             condemn
             me
             ,
             you
             are
             no
             friends
             to
             those
             who
             commissionate
             you
             ;
             but
             be
             friends
             to
             your selves
             and
             families
             ,
             and
             take
             heed
             that
             you
             bring
             not
             guiltlesse
             blood
             upon
             you
             .
          
           
             And
             here
             (
             and
             so
             I
             shall
             have
             done
             )
             in
             the
             close
             of
             all
             ,
             I
             do
             acknowledge
             ,
             that
             in
             many
             particulars
             ,
             as
             touching
             not
             revealing
             (
             I
             say
             not
             as
             to
             personall
             actings
             ,
             nor
             do
             any
             prove
             it
             against
             me
             )
             I
             do
             fall
             within
             your
             acts
             ,
             as
             to
             the
             censure
             of
             a
             concealment
             ;
             and
             herein
             I
             humbly
             beg
             your
             mercy
             .
             And
             however
             J
             may
             be
             judged
             to
             be
             a
             man
             of
             a
             turbulent
             and
             unquiet
             spirit
             ,
             ;
             yet
             those
             that
             know
             me
             in
             my
             relations
             ,
             will
             not
             say
             so
             of
             me
             ;
             and
             my
             people
             ,
             over
             whom
             God
             hath
             called
             me
             (
             J
             think
             )
             will
             say
             ,
             J
             am
             a
             man
             who
             desireth
             to
             live
             quietly
             in
             the
             Land
             :
             But
             however
             my
             spirit
             and
             principles
             are
             questioned
             ,
             yet
             J
             resolve
             by
             the
             grace
             of
             God
             to
             lead
             for
             the
             future
             a
             quiet
             and
             peaceable
             life
             ,
             in
             all
             godlinesse
             and
             honesty
             .
          
           
             J
             have
             but
             one
             word
             more
             to
             close
             all
             J
             have
             to
             say
             for
             my self
             (
             for
             J
             have
             made
             no
             plea
             in
             Law
             ;
             in
             those
             matters
             J
             am
             as
             a
             dumb
             man
             ,
             and
             cannot
             open
             my
             mouth
             )
             and
             't
             is
             this
             ,
             The
             Charge
             and
             Depositions
             lie
             before
             you
             ,
             and
             J
             will
             but
             lay
             this
             before
             you
             also
             ,
             that
             if
             so
             be
             my
             fact
             should
             deserve
             death
             ,
             which
             J
             beleeve
             it
             doth
             not
             ,
             and
             J
             hope
             you
             cannot
             finde
             me
             under
             your
             own
             Acts
             as
             to
             Treason
             ;
             yet
             if
             you
             do
             censure
             me
             rather
             upon
             a
             politicall
             interest
             ,
             then
             from
             the
             merit
             of
             the
             fact
             ,
             the
             Scripture
             accounts
             not
             that
             Justice
             ,
             but
             Murder
             .
             Jehu
             put
             to
             death
             Ahabs
             sons
             ,
             and
             that
             by
             the
             command
             of
             God
             ;
             but
             he
             did
             it
             upon
             a
             politicall
             interest
             ,
             to
             establish
             himself
             in
             his
             new
             gotten
             Government
             :
             and
             when
             God
             reckons
             for
             this
             ,
             he
             sayes
             ,
             
               I
               will
               avenge
               the
               blood
               of
               Jezreel
               upon
               the
               house
               of
               Jehu
               .
            
             To
             do
             any
             thing
             upon
             a
             politicall
             interest
             ,
             though
             the
             fact
             may
             deserve
             death
             ,
             the
             Scripture
             counts
             this
             Murder
             ,
             not
             Justice
             .
          
           
             And
             I
             beseech
             you
             ,
             let
             me
             suggest
             one
             thing
             to
             you
             ,
             though
             J
             am
             a
             
               worm
               and
               no
               man
            
             ,
             and
             deserve
             not
             to
             be
             regarded
             amongst
             the
             children
             of
             men
             ;
             yet
             what
             I
             have
             done
             and
             suffered
             ,
             let
             it
             be
             a
             little
             thought
             on
             by
             you
             :
             And
             let
             mee
             urge
             that
             of
             Abiathar
             the
             Priest
             ,
             he
             did
             an
             act
             that
             was
             not
             justifiable
             ,
             and
             saith
             
               Solomon
               ,
               Thou
               art
               worthy
               of
               death
               ;
               but
               I
               will
               not
               at
               this
               time
               put
               thee
               to
               death
               ,
               because
               thou
               barest
               the
               Ark
               of
               the
               Lord
               God
               before
               David
               my
               father
               ,
               and
               because
               thou
               hast
               been
               afflicted
               in
               all
               wherein
               
               my
               father
               was
               afflicted
               .
            
             I
             leave
             it
             to
             your
             own
             consciences
             to
             make
             application
             .
          
           
             Many
             things
             else
             might
             be
             suggested
             against
             me
             ,
             and
             all
             to
             exasperate
             and
             exulcerate
             your
             minds
             against
             me
             ,
             to
             make
             you
             with
             lesse
             regret
             of
             conscience
             to
             passe
             a
             dolefull
             Sentence
             upon
             me
             ;
             which
             J
             hope
             you
             cannot
             ,
             and
             for
             the
             fear
             of
             the
             Lord
             you
             dare
             not
             :
             but
             if
             you
             should
             ,
             (
             and
             so
             J
             have
             done
             )
             J
             will
             say
             to
             you
             ,
             as
             Jeremiah
             did
             to
             the
             Rulers
             of
             
               Israel
               ,
               As
               for
               me
               ,
               behold
               I
               am
               in
               your
               hands
               ,
               do
               with
               me
               as
               seemeth
               good
               and
               meet
               unto
               you
               ;
               but
               know
               yee
               for
               certain
               ,
               that
               if
               ye
               put
               me
               to
               death
               ,
               ye
               shall
               surely
               bring
               innocent
               blood
               upon
               your selves
               :
            
             But
             J
             will
             say
             as
             the
             Apostle
             did
             ,
             
               I
               hope
               better
               things
               of
               you
               ,
               though
               I
               thus
               speak
               .
            
             And
             thus
             J
             commit
             my self
             ,
             and
             my
             all
             ,
             unto
             God
             and
             to
             your
             judgments
             and
             consciences
             .
          
        
         
           Attourney-Generall's
           
             present
             Reply
             to
             M.
          
           Loves
           Defence
           .
        
         
           
             M.
             Attourn
             .
             Gen.
             
          
           
             MY
             Lord
             ,
             you
             have
             heard
             him
             say
             much
             ,
             and
             it
             had
             been
             much
             better
             for
             him
             if
             he
             had
             said
             less
             .
             My
             Lord
             ,
             when
             men
             go
             out
             of
             the
             way
             of
             their
             own
             calling
             ,
             they
             very
             often
             erre
             ;
             and
             truly
             I
             may
             attribute
             much
             of
             M.
             Loves
             confidence
             to
             his
             ignorance
             ,
             My
             Lord
             ,
             to
             his
             ignorance
             of
             the
             Law
             ;
             and
             when
             men
             meddle
             beyond
             their
             own
             bounds
             ,
             they
             doe
             transgress
             .
             M.
             Love
             hath
             made
             you
             a
             continued
             Speech
             ;
             My
             Lord
             ,
             I
             do
             finde
             the
             old
             Proverb
             commonly
             true
             ,
             
               In
               multitude
               of
               words
               there
               wanteth
               not
               evill
               :
            
             And
             should
             I
             say
             nothing
             against
             M.
             Love
             ,
             my
             Lord
             ,
             he
             hath
             said
             enough
             against
             himself
             ,
             in
             that
             that
             he
             hath
             now
             repeated
             even
             to
             his
             own
             condemnation
             in
             that
             which
             he
             acknowledgeth
             ,
             my
             Lord
             ,
             (
             I
             cannot
             say
             ingenuously
             ,
             though
             himself
             hath
             said
             so
             )
             to
             be
             rather
             a
             misprision
             of
             Treason
             and
             a
             concealment
             .
             My
             Lord
             ,
             acts
             of
             concealment
             are
             not
             so
             long
             continued
             ,
             they
             have
             not
             so
             long
             continuance
             :
             And
             my
             Lord
             ,
             you
             very
             well
             know
             (
             for
             the
             satisfaction
             of
             the
             Gentleman
             at
             present
             ,
             and
             some
             else
             that
             hear
             me
             )
             that
             he
             that
             heares
             a
             Treason
             ,
             (
             for
             I
             do
             go
             now
             a
             little
             in
             his
             own
             way
             )
             he
             that
             hears
             a
             Treason
             ,
             must
             not
             look
             back
             before
             he
             go
             to
             the
             Magistrate
             and
             reveal
             it
             ,
             and
             if
             he
             be
             at
             the
             Plough
             ,
             he
             must
             leave
             his
             Plough
             ;
             if
             this
             Gentleman
             were
             in
             his
             Pulpit
             he
             must
             leave
             his
             preaching
             ,
             he
             that
             knowes
             a
             Treason
             ,
             must
             go
             presently
             and
             reveal
             it
             ;
             there
             must
             be
             no
             repetition
             of
             Treason
             ,
             My
             Lord
             ,
             M.
             Love
             :
             my
             Lord
             ,
             will
             be
             mistaken
             in
             that
             .
             But
             truly
             ,
             my
             Lord
             ,
             I
             was
             very
             sorry
             ,
             considering
             the
             condition
             M.
             Love
             now
             stands
             in
             ,
             to
             hear
             those
             expressions
             from
             him
             that
             he
             hath
             made
             to
             you
             in
             relation
             to
             the
             past
             and
             present
             Authority
             ;
             my
             Lord
             ,
             I
             am
             not
             willing
             to
             repeat
             them
             ,
             M.
             Love
             must
             hear
             of
             it
             another
             time
             ;
             truly
             ,
             my
             Lord
             ,
             here
             is
             little
             of
             ingenuity
             (
             all
             men
             will
             believe
             )
             in
             this
             Gentleman
             ,
             that
             hath
             now
             laid
             it
             for
             a
             principle
             to
             himself
             ,
             and
             all
             that
             shall
             hear
             him
             (
             and
             I
             think
             it
             not
             to
             be
             so
             Christian
             ,
             so
             ingenious
             )
             not
             to
             confess
             any
             thing
             any
             time
             ;
             but
             that
             is
             ingenuity
             that
             what
             is
             proved
             ,
             that
             he
             wil
             confess
             ,
             and
             that
             is
             a
             high
             piece
             of
             ingenuity
             ,
             that
             those
             things
             that
             are
             proved
             he
             wil
             ingenuously
             acknowledge
             ;
             I
             ,
             my
             Lord
             ,
             I
             do
             not
             take
             that
             to
             be
             ingenuity
             neither
             in
             my
             Law
             ,
             nor
             I
             believe
             in
             his
             Divinity
             wil
             it
             be
             .
             My
             Lord
             ,
             there
             hath
             been
             a
             great
             deal
             of
             care
             and
             pains
             taken
             by
             M.
             Love
             to
             take
             in
             pieces
             the
             evidence
             ,
             I
             shall
             not
             undertake
             now
             to
             joyn
             them
             together
             ,
             but
             in
             convenient
             time
             I
             shall
             ,
             I
             doubt
             not
             ,
             for
             the
             satisfaction
             of
             the
             Court
             ,
             and
             their
             judgements
             ,
             who
             I
             must
             say
             ,
             have
             been
             threatned
             by
             the
             Gentleman
             ;
             and
             my
             Lord
             ,
             I
             hope
             for
             the
             conviction
             of
             himself
             .
             My
             Lord
             ,
             he
             knowes
             there
             are
             shrewd
             pieces
             against
             him
             that
             he
             hath
             acknowledged
             ;
             but
             he
             would
             take
             them
             off
             one
             by
             one
             ,
             but
             when
             they
             are
             put
             together
             ,
             they
             will
             not
             be
             single
             evidence
             ,
             nor
             single
             testimony
             ,
             nor
             single
             facts
             ,
             but
             a
             continued
             reiteration
             and
             repetition
             of
             Treason
             ,
             a
             continued
             and
             Series
             of
             time
             .
             My
             Lord
             you
             are
             pleased
             to
             observe
             that
             himself
             doth
             appear
             from
             1648.
             to
             1651.
             so
             that
             in
             1648.
             1649.
             1650.
             and
             1651.
             in
             all
             these
             years
             my
             Lord
             ,
             there
             hath
             been
             this
             constant
             repetition
             and
             transacting
             of
             Treason
             .
          
           
             My
             Lord
             ,
             I
             learn
             from
             him
             ,
             and
             't
             is
             very
             true
             ,
             —
             It
             is
             not
             good
             dallying
             with
             holy
             things
             ,
             nor
             is
             it
             with
             States
             and
             Common-wealths
             ,
             it
             is
             very
             bad
             dallying
             with
             them
             ,
             those
             that
             flutter
             there
             will
             burn
             their
             wings
             at
             last
             ;
             and
             it
             is
             not
             Quirks
             of
             wit
             ,
             nor
             strains
             of
             sense
             or
             non-sense
             ,
             will
             ,
             my
             Lord
             ,
             clear
             these
             things
             ,
             it
             w●ll
             not
             do
             it
             ,
             my
             Lord.
             My
             Lord
             ,
             he
             hath
             desired
             you
             will
             not
             hearken
             to
             private
             examinations
             ,
             my
             Lord
             ,
             I
             have
             said
             so
             too
             ,
             and
             there
             hath
             more
             been
             offered
             to
             you
             ;
             but
             that
             which
             hath
             been
             publike
             and
             
               viva
               voce
            
             ,
             all
             have
             been
             so
             .
             But
             surely
             ,
             my
             Lord
             ,
             I
             could
             wish
             this
             Gentleman
             ,
             and
             all
             others
             of
             his
             profession
             ,
             would
             meddle
             in
             their
             own
             Sphere
             ,
             and
             not
             to
             walk
             out
             of
             that
             to
             come
             and
             teach
             Court●
             what
             they
             should
             do
             ,
             to
             teach
             the
             Magistrate
             what
             is
             his
             duty
             .
             My
             Lord
             ,
             I
             do
             hardly
             think
             it
             belongs
             to
             them
             ever
             in
             the
             Pulpit
             to
             do
             those
             things
             :
             But
             to
             tell
             us
             we
             must
             not
             examine
             before-hand
             ,
             and
             ask
             questions
             in
             private
             ;
             My
             Lord
             ,
             we
             cannot
             then
             be
             prepared
             for
             Felons
             and
             Treasons
             :
             And
             my
             Lord
             ,
             J
             say
             ,
             this
             confidence
             is
             much
             from
             his
             ignorance
             ;
             for
             these
             things
             
             are
             very
             familiar
             ,
             and
             must
             be
             continued
             to
             be
             done
             ;
             so
             that
             these
             things
             are
             not
             well
             broached
             by
             him
             ,
             and
             I
             do
             think
             he
             will
             say
             at
             last
             he
             understands
             not
             himself
             ;
             and
             those
             (
             I
             hope
             )
             that
             hear
             ,
             my
             Lord
             ,
             will
             say
             ,
             I
             do
             not
             use
             it
             ;
             for
             ,
             my
             Lord
             ,
             I
             must
             say
             ,
             it
             must
             be
             otherwise
             in
             all
             well-governed
             Common-wealths
             .
             My
             Lord
             ,
             he
             hath
             not
             denied
             ,
             but
             acknowledged
             Meetings
             at
             his
             house
             more
             than
             once
             ,
             twice
             or
             thrice
             :
             And
             truly
             ,
             I
             did
             expect
             from
             this
             Gentleman
             that
             he
             would
             not
             have
             continued
             those
             fearfull
             imprecations
             of
             calling
             God
             to
             witness
             ,
             that
             he
             did
             never
             write
             Letter
             ,
             nor
             send
             Letter
             ,
             nor
             lend
             money
             .
             I
             had
             thought
             he
             would
             not
             have
             gone
             upon
             these
             equivocations
             ;
             Did
             he
             never
             move
             other
             men
             to
             write
             ?
             Did
             he
             never
             move
             others
             to
             lend
             money
             ?
             It
             is
             not
             to
             say
             ,
             this
             ,
             and
             this
             I
             have
             not
             done
             ;
             but
             I
             had
             thought
             he
             would
             have
             cleared
             himself
             totally
             of
             any
             guilt
             that
             way
             ,
             either
             in
             relation
             to
             receiving
             ,
             or
             hearing
             Letters
             read
             ,
             or
             lending
             ,
             or
             receiving
             money
             ,
             or
             moving
             for
             money
             .
             My
             Lord
             ,
             to
             put
             it
             upon
             a
             particular
             Case
             ,
             this
             will
             not
             blinde
             the
             eyes
             of
             Justice
             ,
             but
             you
             will
             be
             able
             to
             see
             it
             :
             He
             is
             pleased
             to
             say
             ,
             my
             Lord
             ,
             he
             will
             not
             lay
             it
             to
             the
             badness
             of
             the
             Witnesses
             consciences
             ,
             but
             to
             the
             badness
             of
             their
             memories
             ;
             my
             Lord
             ,
             I
             hope
             in
             conclusion
             their
             memories
             will
             appear
             to
             be
             right
             ,
             and
             some
             bodies
             conscience
             else
             to
             be
             bad
             .
             And
             ,
             my
             Lord
             ,
             for
             to
             hear
             this
             said
             by
             this
             Gentleman
             that
             is
             a
             Minister
             of
             the
             Gospell
             ,
             that
             it
             is
             a
             crime
             for
             these
             men
             to
             acknowledge
             their
             offences
             ,
             this
             is
             strange
             ;
             I
             had
             thought
             the
             first
             step
             to
             repentance
             had
             been
             confession
             ,
             and
             that
             it
             had
             been
             no
             offence
             for
             any
             man
             living
             that
             hath
             committed
             a
             fault
             ,
             or
             that
             thought
             he
             had
             committed
             a
             fault
             ,
             to
             acknowledge
             it
             .
             In
             my
             Law
             and
             Divinity
             I
             thought
             it
             so
             ,
             and
             I
             have
             not
             learned
             otherwise
             ;
             and
             shall
             this
             Gentleman
             take
             exceptions
             ,
             because
             these
             Gentlemen
             who
             have
             thought
             they
             have
             done
             amiss
             ,
             have
             acknowledged
             their
             errors
             ,
             and
             have
             craved
             mercy
             ?
             My
             Lord
             ,
             I
             must
             say
             thus
             ,
             if
             any
             deserve
             mercy
             ,
             it
             is
             those
             that
             doe
             acknowledge
             their
             offences
             ,
             and
             crave
             mercy
             ,
             and
             are
             sorry
             for
             them
             ;
             &
             not
             those
             that
             are
             obstinate
             ,
             &
             bid
             defiance
             to
             justice
             ,
             prove
             what
             you
             can
             ,
             I
             wil
             confess
             nothing
             ,
             that
             is
             not
             so
             consciencious
             nor
             Christian
             a
             way
             :
             And
             for
             the
             Witnesses
             ,
             I
             do
             wonder
             that
             Mr.
             Love
             ,
             of
             any
             man
             ,
             should
             find
             fault
             with
             them
             ;
             I
             cannot
             say
             they
             have
             taken
             sweet
             counsell
             together
             ,
             but
             I
             shrewdly
             suspect
             they
             have
             taken
             very
             bad
             counsel
             together
             ;
             these
             Gentlemen
             are
             of
             his
             own
             choice
             ,
             and
             of
             his
             own
             companions
             ,
             and
             those
             that
             were
             conversant
             with
             him
             ;
             and
             if
             you
             please
             to
             observe
             ,
             at
             every
             word
             
               Will
               Drake
            
             ,
             me-thinks
             that
             is
             a
             word
             of
             familiarity
             ;
             but
             my
             Lord
             ,
             for
             these
             ,
             they
             were
             his
             companions
             ,
             and
             whether
             I
             might
             say
             more
             ,
             his
             houshold
             friends
             or
             guests
             ,
             but
             sure
             they
             were
             in
             his
             house
             very
             often
             ,
             and
             were
             private
             with
             him
             ,
             and
             in
             his
             Chamber
             and
             Study
             ,
             and
             to
             cover
             all
             these
             actions
             ,
             and
             these
             treasonable
             practises
             ,
             and
             Letters
             ,
             and
             Designs
             ,
             here
             they
             must
             come
             to
             hear
             news
             ,
             and
             this
             must
             cover
             it
             all
             ;
             they
             come
             for
             nothing
             but
             news
             ,
             and
             our
             contributions
             must
             be
             for
             charitable
             uses
             ,
             but
             you
             must
             not
             ask
             why
             or
             wherefore
             we
             lend
             money
             ,
             but
             it
             is
             for
             charitable
             uses
             ;
             neither
             God
             nor
             man
             will
             be
             blinded
             in
             these
             things
             ,
             and
             if
             these
             fig-leaves
             be
             sown
             together
             ,
             it
             will
             neither
             cover
             nakedness
             nor
             treason
             .
             My
             Lord
             ,
             M.
             Love
             hath
             said
             ,
             (
             and
             in
             that
             given
             judgement
             against
             himself
             )
             that
             either
             to
             treat
             or
             advise
             with
             the
             King
             of
             Scots
             in
             Scotland
             ,
             he
             detests
             them
             both
             :
             My
             Lord
             ,
             if
             he
             be
             guilty
             of
             both
             ,
             then
             I
             hope
             ,
             he
             doth
             detest
             and
             renounce
             himself
             ,
             and
             then
             I
             think
             ,
             he
             hath
             laid
             your
             judgement
             somewhat
             ;
             his
             own
             having
             past
             first
             ,
             yours
             will
             easily
             follow
             .
             My
             Lord
             ,
             he
             confesses
             ,
             that
             for
             this
             act
             of
             the
             2.
             of
             August
             ,
             1650.
             he
             was
             ignorant
             of
             it
             ,
             and
             of
             the
             danger
             of
             it
             .
             My
             Lord
             ,
             he
             very
             well
             knowes
             that
             ignorance
             is
             no
             excuse
             ,
             the
             Act
             is
             a
             publike
             Act
             ,
             and
             hath
             been
             long
             printed
             ,
             now
             ten
             moneths
             since
             ,
             himself
             saith
             :
             And
             yet
             me-thinks
             I
             cannot
             reconcile
             that
             ,
             (
             that
             he
             that
             goes
             to
             make
             others
             differ
             )
             that
             he
             knew
             not
             of
             this
             Act
             ,
             and
             yet
             Sterks
             the
             Scotch
             Agent
             was
             banish'd
             upon
             this
             Act
             ,
             and
             there
             was
             a
             contribution
             for
             him
             for
             his
             going
             away
             ;
             the
             same
             Act
             that
             doth
             the
             one
             doth
             the
             other
             .
             My
             Lord
             ,
             he
             hath
             been
             pleased
             to
             cite
             a
             saying
             of
             Cardinall
             
               Farnesus
               ,
               That
               if
               he
               knew
               any
               part
               of
               him
               infected
               with
               Lutheranism
               ,
               he
               would
               cut
               it
               off
               ,
               and
               throw
               it
               into
               the
               fire
            
             ;
             and
             so
             can
             he
             speak
             truly
             of
             himself
             ,
             he
             would
             do
             if
             he
             knew
             any
             thing
             of
             Malignancy
             by
             himself
             .
             My
             Lord
             ,
             the
             question
             between
             him
             ,
             and
             us
             is
             ,
             what
             is
             Malignancy
             ,
             I
             doubt
             we
             differ
             in
             that
             ,
             I
             doubt
             his
             sense
             of
             Malignancy
             ;
             I
             am
             sure
             by
             some
             words
             I
             shrewdly
             ghess
             at
             ,
             that
             I
             count
             that
             malignitie
             ,
             and
             I
             hope
             all
             this
             Court
             ,
             and
             all
             that
             hear
             me
             count
             that
             malignity
             ,
             that
             I
             doubt
             his
             judgement
             leads
             him
             not
             to
             it
             ,
             so
             I
             doubt
             we
             differ
             upon
             that
             .
          
           
             My
             Lord
             ,
             he
             hath
             said
             he
             was
             never
             an
             Incendiary
             ,
             or
             evill
             instrument
             :
             I
             wish
             there
             were
             not
             cause
             for
             you
             to
             think
             otherwise
             :
             But
             surely
             the
             Gentleman
             hath
             made
             large
             imprecations
             ,
             and
             hath
             spoken
             much
             for
             himself
             ;
             but
             (
             I
             believe
             )
             he
             knowes
             there
             is
             so
             much
             justice
             here
             ,
             that
             he
             expects
             not
             to
             bee
             believed
             in
             what
             he
             sayes
             .
             If
             it
             were
             enough
             to
             accuse
             ,
             who
             should
             be
             innocent
             ?
             And
             if
             it
             were
             enough
             to
             deny
             ,
             who
             should
             be
             guilty
             ?
             he
             doth
             not
             expect
             to
             be
             believed
             for
             his
             word
             certainly
             ;
             for
             
             now
             he
             knowes
             he
             stands
             in
             another
             capacity
             ,
             and
             as
             things
             are
             alledged
             and
             proved
             on
             both
             sides
             ,
             so
             he
             is
             to
             be
             believed
             and
             no
             otherwise
             .
             My
             Lord
             ,
             he
             hath
             been
             pleased
             to
             reflect
             upon
             my self
             in
             many
             particulars
             ,
             yea
             and
             the
             Court
             knowes
             in
             what
             a
             capacity
             I
             stand
             here
             ,
             as
             a
             servant
             to
             the
             State
             to
             doe
             my
             duty
             faithfully
             ,
             and
             J
             must
             doe
             it
             ,
             and
             yet
             I
             must
             say
             ,
             it
             doth
             not
             become
             me
             to
             prompt
             Witnesses
             ;
             that
             word
             ,
             my
             Lord
             ,
             was
             not
             well
             spoken
             .
             He
             is
             pleased
             to
             say
             in
             the
             commendation
             of
             himself
             ,
             that
             he
             hath
             a
             place
             in
             London
             where
             he
             hath
             a
             very
             good
             Congregation
             ,
             and
             a
             very
             good
             competency
             of
             maintenance
             ,
             and
             J
             heartily
             wish
             he
             had
             thought
             so
             really
             ,
             and
             had
             kept
             himself
             singly
             to
             that
             ;
             J
             do
             not
             think
             he
             will
             say
             that
             in
             the
             duty
             of
             his
             place
             ,
             as
             a
             Minister
             of
             the
             Word
             ,
             to
             preach
             ,
             to
             instruct
             ,
             to
             exhort
             ,
             rebuke
             ,
             reprove
             his
             people
             ,
             or
             any
             under
             his
             charge
             ,
             that
             ever
             the
             State
             did
             interpose
             or
             meddle
             with
             him
             ,
             neither
             the
             Parliament
             nor
             the
             Common-wealth
             ;
             then
             for
             Gods
             love
             ,
             my
             Lord
             ,
             why
             should
             this
             man
             interpose
             or
             meddle
             with
             the
             State
             ?
             Had
             you
             not
             enough
             to
             doe
             in
             your
             own
             calling
             ?
             Had
             you
             not
             charge
             enough
             lying
             upon
             you
             ,
             but
             must
             you
             be
             going
             abroad
             ,
             and
             put
             your
             sickle
             into
             another
             mans
             harvest
             ?
             I
             will
             say
             ,
             the
             State
             did
             never
             trouble
             the
             Gentleman
             in
             his
             duty
             ,
             he
             did
             go
             on
             with
             as
             much
             peace
             and
             quietness
             as
             himself
             could
             desire
             ,
             we
             interrupted
             not
             him
             ,
             let
             him
             reflect
             upon
             himself
             ,
             whether
             others
             have
             dealt
             so
             kindely
             with
             him
             ;
             when
             had
             he
             that
             liberty
             that
             now
             he
             hath
             had
             ?
             You
             may
             be
             pleased
             to
             observe
             ,
             himself
             saies
             twelve
             years
             ago
             he
             could
             not
             in
             three
             years
             in
             London
             get
             an
             admission
             to
             be
             a
             Lecturer
             ,
             and
             when
             he
             spoke
             in
             the
             Congregation-house
             at
             Oxford
             ,
             he
             was
             expulsed
             there
             ;
             he
             hath
             had
             no
             such
             measure
             here
             :
             doth
             kindness
             provoke
             him
             to
             these
             things
             ?
             those
             that
             sin
             against
             kindness
             are
             the
             highest
             Transgressors
             .
             What
             provocation
             hath
             this
             Gentleman
             had
             in
             his
             Ministery
             ,
             that
             he
             could
             not
             follow
             that
             ,
             and
             have
             let
             the
             Parliament
             and
             State
             alone
             ?
             Doth
             he
             not
             receive
             breath
             here
             to
             live
             ,
             and
             his
             livelihood
             to
             sustain
             himself
             and
             his
             relations
             ?
             Why
             should
             you
             interpose
             to
             disquiet
             your self
             and
             the
             Common-wealth
             when
             they
             did
             not
             provoke
             you
             ?
             And
             let
             all
             judge
             whether
             this
             should
             not
             convince
             you
             ;
             and
             let
             me
             say
             thus
             much
             ,
             that
             you
             have
             dealt
             foolishly
             ,
             and
             have
             gone
             beyond
             your
             bounds
             ,
             and
             have
             not
             kept
             within
             your
             limits
             in
             what
             you
             have
             done
             in
             these
             things
             that
             you
             have
             acknowledged
             .
          
           
             My
             Lord
             ,
             I
             speak
             this
             ,
             that
             those
             may
             hear
             now
             that
             may
             not
             hear
             the
             other
             ;
             for
             that
             which
             M.
             Love
             hath
             said
             ,
             we
             must
             have
             some
             time
             to
             recollect
             ,
             and
             to
             speak
             in
             the
             vindication
             of
             the
             proceedings
             of
             the
             State
             against
             this
             Gentleman
             ,
             which
             though
             I
             think
             it
             needs
             not
             much
             ,
             in
             respect
             of
             the
             Court
             that
             hath
             heard
             him
             say
             so
             much
             and
             confess
             so
             much
             as
             he
             hath
             done
             ,
             yet
             for
             the
             lenitie
             of
             the
             State
             ,
             that
             hath
             moved
             them
             to
             take
             care
             of
             their
             own
             preservation
             :
             And
             I
             would
             not
             do
             it
             but
             that
             he
             hath
             stood
             upon
             all
             terms
             of
             defiance
             with
             justice
             and
             majesty
             ,
             and
             you
             have
             heard
             from
             a
             fellow
             Minister
             what
             he
             did
             the
             last
             day
             ,
             and
             the
             principles
             he
             urgeth
             this
             day
             ,
             which
             let
             me
             repeat
             again
             ,
             there
             will
             be
             no
             living
             in
             society
             ,
             if
             these
             things
             be
             let
             alone
             .
             My
             Lord
             ,
             it
             is
             much
             insinuated
             by
             him
             ,
             that
             his
             blood
             will
             be
             upon
             you
             and
             the
             Court
             ,
             J
             would
             he
             had
             thought
             upon
             blood
             before
             these
             things
             had
             been
             so
             transacted
             by
             himself
             ,
             I
             am
             afraid
             (
             between
             God
             and
             his
             own
             conscience
             be
             it
             ,
             and
             those
             that
             have
             had
             correspondency
             with
             him
             )
             that
             much
             of
             this
             blood
             that
             hath
             been
             spilt
             in
             Scotland
             ,
             hath
             been
             much
             by
             their
             means
             ;
             you
             hear
             him
             say
             ,
             that
             what
             was
             desired
             by
             them
             (
             and
             in
             order
             to
             what
             it
             was
             )
             was
             ,
             that
             the
             King
             of
             Scots
             might
             joyn
             with
             the
             Scottish
             Nation
             ,
             and
             not
             go
             to
             Ireland
             ,
             that
             was
             his
             conscience
             :
             I
             do
             not
             know
             ,
             his
             conscience
             led
             him
             to
             meddle
             with
             those
             things
             ,
             to
             meddle
             with
             State-affairs
             .
             But
             my
             Lord
             ,
             if
             it
             be
             so
             ,
             and
             this
             hath
             been
             brought
             on
             by
             them
             ,
             that
             one
             hath
             incouraged
             the
             King
             to
             joyn
             with
             the
             Scots
             ,
             and
             the
             other
             hath
             incouraged
             the
             Scots
             to
             joyn
             with
             the
             King
             by
             hopes
             of
             parties
             here
             ,
             which
             he
             himself
             acknowledgeth
             now
             ,
             was
             undertook
             in
             the
             name
             of
             a
             Presbyterian
             party
             ,
             though
             I
             think
             and
             do
             believe
             it
             ,
             for
             very
             many
             honest
             Presbyterians
             ,
             that
             they
             would
             spit
             in
             his
             face
             if
             he
             should
             say
             it
             of
             them
             ;
             but
             I
             say
             these
             doings
             hath
             occasioned
             the
             shedding
             of
             much
             blood
             ,
             and
             a
             great
             deal
             of
             variance
             between
             the
             two
             Nations
             ,
             and
             the
             Lord
             knowes
             when
             it
             will
             end
             .
             But
             my
             Lord
             ,
             as
             he
             concluded
             for
             himself
             ,
             you
             will
             be
             pleased
             ,
             my
             Lord
             ,
             to
             give
             me
             leave
             (
             though
             not
             in
             that
             way
             of
             conjuration
             as
             he
             hath
             done
             )
             to
             say
             for
             the
             State
             ,
             I
             shall
             not
             prevent
             your
             judgements
             ;
             but
             it
             is
             better
             that
             one
             man
             ,
             than
             a
             State
             should
             perish
             .
             And
             if
             this
             man
             be
             guilty
             of
             the
             Treasons
             proved
             against
             him
             ,
             I
             believe
             himself
             will
             judge
             ,
             he
             had
             better
             perish
             and
             suffer
             death
             ,
             than
             the
             State
             should
             perish
             .
             All
             these
             actings
             of
             his
             have
             been
             underminings
             of
             the
             State
             clean
             through
             ,
             carried
             on
             very
             closely
             and
             covertly
             in
             disguises
             ,
             and
             not
             discovered
             ;
             but
             he
             that
             dances
             in
             a
             net
             will
             be
             catch't
             trapping
             at
             last
             .
             My
             Lord
             ,
             before
             you
             give
             your
             judgment
             ,
             you
             wil
             consider
             that
             justice
             to
             the
             Common-wealth
             —
          
           
             So
             my
             Lord
             ,
             I
             have
             added
             what
             my
             bad
             memory
             (
             J
             hope
             not
             bad
             conscience
             )
             hath
             repeated
             to
             me
             ,
             as
             might
             give
             some
             answer
             to
             what
             he
             hath
             said
             :
             but
             since
             he
             hath
             been
             pleased
             to
             take
             such
             pains
             to
             run
             
             through
             all
             and
             every
             one
             of
             the
             evidence
             so
             exactly
             ,
             and
             hath
             had
             three
             dayes
             given
             him
             for
             it
             :
             my
             Lord
             ,
             I
             shall
             ask
             but
             one
             for
             my self
             ,
             and
             for
             those
             that
             are
             the
             Councell
             of
             the
             Common-wealth
             .
             My
             Lord
             ,
             this
             is
             all
             I
             shall
             say
             at
             present
             to
             you
             ,
             and
             shall
             say
             no
             more
             till
             next
             meeting
             .
          
        
         
           Judge
           Keeble
           
             The
             Lord
             President
             speaks
             after
             the
             Attourney-Generall
             :
             the
             very
             beginning
             of
             his
             Speech
             was
             not
             heard
             ,
             he
             beginning
             very
             softly
             .
          
        
         
           
             L.
             Pres
             .
          
           
             But
             again
             in
             this
             point
             ,
             for
             the
             Presbyterian
             Government
             ,
             if
             it
             be
             rectified
             ,
             doubtless
             it
             tends
             to
             the
             peace
             of
             this
             Nation
             ,
             and
             all
             places
             ,
             but
             not
             with
             a
             Scotch
             limitation
             ,
             I
             deny
             that
             ;
             nor
             limited
             by
             a
             Scotch
             Covenant
             .
          
           
             The
             next
             thing
             is
             this
             ,
             because
             you
             often
             fall
             upon
             distinctions
             of
             the
             Law
             ,
             and
             that
             you
             are
             ignorant
             of
             the
             Law
             ;
             the
             more
             to
             blame
             you
             ,
             that
             profess
             the
             learning
             of
             the
             Law
             of
             God
             ;
             for
             there
             is
             no
             Law
             in
             England
             ,
             but
             is
             as
             really
             and
             truly
             the
             Law
             of
             God
             as
             any
             Scripture-phrase
             that
             is
             by
             consequence
             from
             the
             very
             Texts
             of
             Scripture
             ;
             for
             there
             are
             very
             many
             consequences
             reasoned
             out
             of
             the
             Texts
             of
             Scripture
             ;
             so
             is
             the
             Law
             of
             England
             the
             very
             consequence
             of
             the
             very
             Decalogue
             it self
             ,
             and
             whatsoever
             is
             not
             consonant
             to
             Scripture
             in
             the
             Law
             of
             England
             ,
             is
             not
             the
             Law
             of
             England
             ,
             the
             very
             books
             and
             learning
             of
             the
             Law
             ;
             whatsoever
             is
             not
             consonant
             to
             the
             Law
             of
             God
             in
             Scripture
             ,
             or
             to
             right
             reason
             which
             is
             maintained
             by
             Scripture
             ;
             whatsoever
             is
             in
             England
             ,
             be
             it
             Acts
             of
             Parliament
             ,
             Customes
             ,
             or
             any
             Judiciall
             Acts
             of
             the
             Court
             ,
             it
             is
             not
             the
             Law
             of
             England
             ,
             but
             the
             errour
             of
             the
             party
             which
             did
             pronounce
             it
             ,
             and
             you
             or
             any
             man
             else
             at
             Bar
             may
             so
             plead
             it
             ;
             and
             therefore
             to
             profess
             you
             are
             knowing
             in
             the
             Laws
             of
             God
             ,
             and
             yet
             to
             be
             ignorant
             of
             the
             Lawes
             of
             England
             ,
             when
             yet
             the
             Lawes
             of
             England
             be
             so
             purely
             the
             Lawes
             of
             God
             ,
             as
             no
             Law
             in
             the
             world
             more
             practicall
             at
             this
             day
             ,
             for
             you
             to
             be
             ignorant
             of
             them
             ,
             it
             is
             not
             to
             your
             commendation
             ,
             nor
             to
             any
             of
             your
             profession
             .
          
           
             Then
             Sir
             ,
             for
             your
             going
             on
             in
             these
             wayes
             .
             The
             Court
             with
             patience
             hath
             heard
             you
             (
             I
             think
             )
             two
             hours
             ,
             or
             thereabouts
             ,
             and
             you
             have
             done
             nothing
             but
             anticipated
             the
             Court
             ;
             What
             ?
             do
             you
             think
             they
             have
             not
             understandings
             ,
             and
             judgements
             ,
             and
             consciences
             ?
             They
             would
             have
             done
             it
             ,
             they
             would
             have
             examined
             these
             Witnesses
             precisely
             ,
             and
             would
             have
             compared
             them
             ;
             but
             you
             have
             taken
             up
             all
             this
             time
             by
             way
             of
             anticipation
             ;
             and
             in
             a
             Rhethoricall
             way
             to
             do
             it
             !
             let
             me
             tell
             you
             ,
             that
             Orators
             among
             the
             Heathen
             have
             been
             the
             greatest
             Incendiaries
             ,
             and
             those
             Orators
             in
             Christendome
             that
             do
             not
             set
             their
             judgements
             upon
             right
             ends
             ,
             they
             are
             the
             most
             unworthy
             men
             in
             Christendome
             ;
             for
             there
             is
             no
             heresies
             ,
             murders
             ,
             traiterous
             and
             treasonable
             practises
             and
             attemptings
             ,
             and
             all
             the
             highest
             wickednesses
             that
             ever
             were
             committed
             in
             Christendome
             whatsoever
             ,
             or
             in
             this
             Nation
             in
             particular
             ,
             but
             they
             have
             had
             some
             of
             that
             profession
             that
             have
             called
             themselves
             Ministers
             of
             Jesus
             Christ
             ,
             as
             the
             Jesuits
             of
             Jesus
             ,
             and
             the
             Priests
             of
             those
             ;
             and
             all
             these
             things
             and
             high
             actings
             have
             still
             had
             some
             tincture
             of
             your
             Coat
             in
             them
             :
             Therefore
             it
             is
             not
             your
             Office
             can
             excuse
             you
             ;
             your
             Office
             is
             sacred
             ,
             as
             other
             Christian
             Offices
             are
             ,
             and
             you
             are
             no
             more
             Divines
             by
             your
             Office
             ;
             but
             you
             are
             to
             remember
             ,
             and
             you
             must
             know
             ,
             that
             Christian
             justice
             that
             you
             teach
             in
             the
             Pulpit
             ,
             to
             act
             it
             in
             the
             Court
             is
             of
             a
             higher
             nature
             than
             preaching
             is
             :
             and
             therefore
             in
             this
             ,
             that
             you
             should
             advance
             your
             profession
             beyond
             the
             Judicatories
             of
             this
             Land
             ,
             know
             ,
             that
             Judgement
             and
             Justice
             is
             the
             highest
             Religion
             in
             the
             world
             both
             in
             Christendome
             and
             out
             of
             it
             :
             And
             this
             Sir
             ,
             wee
             would
             have
             you
             know
             ,
             that
             Lawyers
             Doctrine
             tends
             to
             this
             ,
             and
             I
             hope
             hereafter
             you
             will
             be
             more
             obedient
             and
             better
             vers'd
             to
             know
             these
             grounds
             of
             the
             Laws
             of
             England
             ,
             by
             which
             now
             you
             are
             called
             here
             .
             I
             shall
             say
             no
             more
             ,
             but
             take
             advice
             with
             the
             Court
             about
             you
             .
          
        
         
           
             The
             Court
             adjourns
             ,
             and
             M.
          
           Love
           
             is
             commanded
             away
          
           .
        
      
       
         
         
           The
           fourth
           Dayes
           proceeding
           
             
               June
               27.
               1651.
            
             
          
        
         
           Mr.
           Hall
           
             The
             first
             Councell
             for
             the
             Common-Wealth
             .
          
        
         
           
             Mr.
             Hall.
             
          
           
             MY
             Lord
             ,
             The
             Prisoner
             at
             the
             Bar
             ,
             Mr.
             Love
             ,
             stands
             impeach'd
             before
             your
             Lordship
             of
             High
             Treason
             ,
             which
             impeachment
             hath
             been
             read
             before
             your
             Lordship
             and
             the
             Court.
             My
             Lord
             ,
             by
             that
             he
             stands
             charged
             with
             High
             Treason
             ,
             with
             severall
             offences
             of
             High
             treason
             ;
             That
             he
             in
             the
             years
             1648
             ,
             1649
             ,
             1650
             ,
             and
             1651
             ,
             with
             
               William
               Drake
               ,
               Henery
               Jermin
               ,
               Henry
               Piercy
               ,
               John
               Gibbons
               ,
               Edward
               Massey
               ,
               Sylas
               Titus
               ,
               and
               others
               his
               Accomplices
               ,
               did
               Traiterously
               ,
               Wickedly
               ,
               and
               Maliciously
               Confederate
               ,
               Plot
               ,
               and
               Endeavour
               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
               ,
               endeavour
               to
               promote
            
             Charls
             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
               Traiterously
               and
               Maliciously
               aid
               and
               assist
               the
               Nation
               of
            
             Scotland
             ,
             
               to
               the
               end
               that
               they
               might
               invade
               this
               Common-wealth
               ;
               and
               hath
               adhered
               to
               the
               forces
               raised
               by
               the
               enemies
               of
               this
               Common-wealth
               .
            
          
           
             My
             Lord
             ,
             
               That
               in
               the
               same
               time
               ,
               between
               the
               month
               of
            
             March
             ,
             
               and
               the
               first
               of
            
             June
             ,
             
               this
               present
               month
               ,
               he
               hath
               Troiterously
               and
               Maliciously
               held
               and
               maintained
               correspondency
               ,
               and
               intelligence
               by
               Letters
               ,
               Messages
               ,
               Instructions
               and
               otherwise
               ,
               with
               the
               enemies
               of
               this
               Common-wealth
               ;
               and
               to
               the
               prejudice
               of
               this
               Nation
               ;
               And
               in
               particular
               with
            
             Charls
             Stewart
             ,
             
               and
               the
               late
               Queen
               his
               Mother
               ,
               and
               with
            
             Jermin
             ,
             and
             Piercy
             ,
             
               and
               other
               persons
               of
               Councel
               abiding
               with
            
             Charls
             Steward
             .
          
           
             My
             Lord
             ,
             
               That
               he
               hath
               likewise
               held
               correspondency
               and
               Intelligence
               with
               the
               Scottish
               Nation
               ,
               prejudiciall
               to
               this
               Common-wealth
               ,
               and
               to
               the
               end
               they
               might
               invade
               and
               bring
               a
               Bloody
               Warr
               upon
               this
               Nation
               .
            
          
           
             My
             Lord
             ,
             
               These
               Treasons
               and
               Traiterous
               and
               Wicked
               Practices
               of
               the
               Prisoner
               at
               the
               Bar
               ,
               were
               and
               are
               to
               the
               apparent
               hazard
               of
               the
               publick
               Peace
               of
               this
               Common-Wealth
               ,
               and
               Free-State
               ,
               and
               the
               Parliament
               and
               People
               of
            
             England
             ;
             
               and
               in
               contempt
               and
               violation
               of
               the
               Lawes
               of
               the
               Land
               ,
               and
               contrary
               to
               severall
               Acts
               of
               Parliament
               ,
               in
               such
               Cases
               made
               and
               provided
               .
            
          
           
             My
             Lord
             ,
             There
             hath
             been
             severall
             Witnesses
             ,
             and
             Proofs
             of
             these
             particular
             Charges
             against
             the
             Prisoner
             .
             And
             ,
             my
             Lord
             ,
             I
             do
             conceive
             that
             there
             hath
             been
             such
             proof
             made
             ,
             that
             in
             your
             Lordships
             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
             designe
             .
          
           
             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
             
               Charls
               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
             dyed
             ,
             the
             meeting
             was
             at
             the
             Swan
             at
             Dow-gate
             ,
             where
             were
             severall
             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
             Scotish
             Nation
             ;
             that
             was
             the
             end
             of
             their
             meeting
             at
             that
             time
             .
          
           
             My
             Lord
             ,
             Within
             a
             few
             dayes
             after
             that
             ,
             they
             met
             again
             all
             these
             severall
             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
             complyance
             between
             the
             King
             and
             the
             Scots
             ;
             letters
             were
             sent
             accordingly
             ,
             and
             severall
             meetings
             ,
             and
             severall
             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
             Calice
             ;
             but
             being
             afraid
             that
             this
             wicked
             plot
             was
             discovered
             ,
             by
             reason
             of
             letters
             that
             were
             intercepted
             ,
             he
             durst
             not
             come
             into
             England
             ;
             but
             sent
             letters
             to
             desire
             some
             correspondents
             might
             be
             sent
             to
             Calice
             .
             My
             Lord
             ,
             all
             this
             time
             I
             do
             not
             finde
             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.
             Loves
             house
             ;
             which
             is
             the
             first
             time
             I
             finde
             him
             by
             proof
             to
             be
             present
             .
             The
             letters
             were
             read
             in
             his
             house
             ,
             and
             in
             his
             Studie
             ,
             as
             some
             of
             the
             witnesses
             say
             ,
             that
             there
             were
             present
             :
             and
             it
             was
             then
             agreed
             ,
             my
             Lord
             ,
             that
             Alford
             should
             go
             to
             Calice
             to
             Titus
             .
             My
             Lord
             ,
             accordingly
             he
             went
             ,
             and
             there
             Titus
             did
             communicate
             unto
             him
             the
             Affairs
             that
             pass'd
             at
             Jersey
             :
             Within
             four
             or
             five
             dayes
             after
             ,
             Alford
             returns
             again
             ,
             and
             where
             should
             the
             meeting
             be
             but
             at
             Mr.
             Loves
             house
             again
             ?
             where
             Mr.
             Love
             and
             divers
             of
             the
             accomplices
             were
             in
             his
             house
             ,
             a
             letter
             from
             the
             King
             was
             read
             ;
             the
             Dyary
             ,
             the
             Narrative
             from
             Titus
             likewise
             was
             read
             there
             ;
             and
             there
             was
             the
             consultation
             wat
             should
             be
             done
             ,
             and
             what
             further
             course
             they
             should
             take
             to
             joyn
             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.
             Loves
             house
             ,
             (
             I
             think
             one
             witnesse
             sayes
             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.
               Loves
            
             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
             ,
             doth
             upon
             these
             proofs
             stand
             guiltie
             of
             endeavouring
             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
             
               Charls
               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
             Lordships
             judgment
             )
             that
             he
             is
             guilty
             of
             Intelligence
             from
             a
             profess'd
             Enemy
             .
             The
             intelligence
             is
             (
             my
             Lord
             )
             that
             divers
             letters
             were
             sent
             ,
             and
             these
             letters
             were
             read
             in
             his
             presence
             ,
             as
             himself
             doth
             confesse
             he
             was
             at
             the
             reading
             of
             divers
             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
             mans
             hand
             ,
             and
             he
             conceale
             them
             ,
             being
             not
             sent
             to
             him
             ,
             There
             peradventure
             it
             is
             but
             misprision
             of
             Treason
             .
             But
             when
             there
             are
             sent
             to
             these
             particular
             persons
             letters
             from
             the
             King
             and
             Scots
             ,
             and
             divers
             persons
             in
             hostility
             against
             the
             Commonwealth
             of
             England
             ,
             and
             received
             by
             the
             Confederates
             in
             
               Master
               Loves
            
             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
             it selfe
             ;
             and
             did
             likewise
             return
             severall
             letters
             .
          
           
             My
             Lord
             ,
             this
             Intelligence
             was
             with
             the
             Scotish
             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
             joyn
             in
             confederacie
             with
             that
             Nation
             ,
             of
             all
             the
             Nations
             of
             the
             world
             ,
             against
             this
             Common-wealth
             :
             a
             Nation
             that
             hath
             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
             Enemie
             to
             this
             Nation
             in
             all
             ages
             through
             the
             memory
             of
             all
             Histories
             ;
             and
             ,
             my
             lord
             ,
             of
             late
             ,
             not
             three
             yeers
             since
             ,
             came
             and
             invaded
             this
             Nation
             with
             a
             Puissant
             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
             unknowne
             unto
             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
             lesse
             in
             a
             Minister
             and
             Preacher
             of
             the
             Gospel
             among
             us
             .
          
           
             My
             lord
             ,
             There
             are
             some
             particular
             charges
             upon
             him
             more
             then
             upon
             any
             of
             the
             rest
             ;
             After
             Drake
             fled
             away
             ,
             being
             doubtfull
             that
             his
             secret
             Traiterous
             Plot
             would
             be
             discovered
             ,
             
               Mr.
               Love
            
             supplied
             his
             room
             :
             all
             the
             meetings
             ,
             and
             confederacies
             ,
             and
             letters
             ,
             and
             Agitations
             in
             this
             businesse
             were
             constantly
             at
             
               Mr.
               Loves
            
             house
             ,
             himselfe
             being
             present
             .
             And
             ,
             my
             Lord
             ,
             mony
             as
             I
             said
             before
             ,
             by
             
               Mr.
               Love
            
             himself
             desired
             to
             be
             raised
             ,
             for
             the
             furthering
             of
             this
             design
             ,
             and
             severall
             summs
             of
             mony
             were
             raised
             .
             
             I
             shall
             trouble
             your
             Lord-ship
             with
             no
             further
             relation
             ,
             but
             leave
             it
             to
             the
             proof
             that
             was
             made
             before
             your
             Lordship
             and
             the
             Court.
             
          
        
         
           Sir
           Thomas
           
             Witherington
             ,
             the
             second
             Councell
             for
             the
             Common-wealth
             .
          
        
         
           
             Sir
             Th.
             Wither
             .
          
           
             My
             Lord
             ,
             
               Mr.
               Loves
            
             Defence
             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
             Defence
             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
             unto
             ,
             the
             whole
             Defence
             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
             proposalls
             to
             the
             Court.
             
          
           
             My
             Lord
             ,
             I
             shall
             onely
             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.
             Atturny
             Generall
             ,
             that
             better
             knows
             what
             is
             for
             the
             advantage
             of
             the
             Common-wealth
             .
          
           
             My
             Lord
             ,
             I
             shall
             begin
             concerning
             the
             Witnesses
             to
             clear
             them
             (
             for
             now
             we
             are
             in
             our
             reply
             for
             the
             Common-wealth
             .
             )
             
               Mr.
               Love
            
             ,
             who
             did
             professe
             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
             confess'd
             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
             favour
             ,
             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
             confesse
             the
             Indictment
             ,
             and
             become
             an
             Approver
             ,
             yet
             he
             may
             be
             a
             witnesse
             against
             all
             those
             parties
             guilty
             of
             the
             same
             Treasons
             with
             himselfe
             ,
             he
             is
             
               particeps
               criminis
            
             with
             them
             ,
             and
             they
             with
             him
             ;
             and
             yet
             this
             man
             thus
             becoming
             an
             Approver
             ,
             will
             at
             Common
             Law
             be
             a
             witnesse
             ,
             and
             a
             legal
             and
             good
             witnesse
             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
             sayes
             it
             is
             true
             ,
             and
             then
             desires
             he
             may
             have
             some
             thing
             assigned
             to
             him
             ,
             and
             then
             hee
             accuses
             such
             and
             such
             persons
             of
             the
             same
             crimes
             ;
             in
             this
             case
             this
             man
             after
             he
             hath
             confest
             the
             Indictment
             ,
             and
             takes
             his
             corporall
             oath
             to
             reveall
             all
             Treasons
             he
             knowes
             in
             the
             Indictment
             ,
             (
             for
             he
             can
             accuse
             no
             further
             )
             after
             this
             done
             he
             shall
             be
             a
             witnesse
             ,
             he
             is
             a
             witnesse
             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
             shews
             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
             confest
             ,
             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
             witnesse
             ;
             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
             offences
             ;
             for
             many
             offences
             cannot
             be
             proved
             ,
             but
             by
             some
             men
             that
             had
             a
             hand
             in
             them
             .
             Jn
             an
             ordinary
             case
             an
             action
             of
             Trespass
             and
             false
             imprisonment
             ,
             if
             three
             men
             are
             guilty
             of
             it
             ,
             it
             is
             an
             usuall
             thing
             in
             Courts
             of
             Justice
             to
             admit
             one
             of
             them
             a
             witnesse
             ;
             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
             Earle
             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
             offence
             :
             so
             that
             I
             think
             ,
             under
             favour
             ,
             as
             to
             that
             ,
             I
             take
             it
             ,
             that
             they
             are
             cleer
             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
             Common-wealths
             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
             shew
             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
             witnesse
             ;
             yet
             there
             is
             not
             to
             any
             one
             fact
             two
             witnesses
             :
             There
             is
             not
             any
             one
             of
             the
             most
             criminall
             parts
             of
             the
             Charge
             proved
             by
             two
             witnesses
             :
             And
             so
             as
             before
             they
             were
             incompetent
             in
             regard
             of
             the
             quality
             and
             participancy
             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
             then
             that
             ,
             that
             is
             ,
             by
             the
             law
             of
             God.
             But
             my
             Lord
             ,
             it
             is
             true
             ,
             the
             law
             of
             this
             Land
             is
             explained
             by
             severall
             Statutes
             ;
             the
             Statute
             of
             the
             first
             yeer
             of
             
               Edward
               the
               Sixth
            
             ,
             and
             the
             fifth
             yeer
             ,
             and
             the
             second
             yeer
             of
             Philip
             and
             Mary
             ;
             My
             Lord
             ,
             I
             take
             it
             ,
             upon
             all
             these
             Statutes
             ,
             the
             one
             Statute
             sayes
             ,
             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
             Witnesse
             ,
             in
             another
             is
             called
             an
             Accuser
             .
             But
             there
             must
             be
             two
             ,
             that
             is
             the
             objection
             ▪
             But
             then
             give
             mee
             leave
             to
             consider
             this
             Case
             ,
             and
             to
             consider
             how
             those
             two
             witnesses
             shall
             be
             .
             My
             Lord
             ,
             I
             say
             under
             favour
             ,
             that
             in
             a
             Case
             that
             consists
             of
             a
             complicated
             fact
             ;
             that
             is
             ,
             the
             reiteration
             of
             many
             actions
             ,
             my
             Lord
             ,
             I
             conceive
             none
             of
             these
             lawes
             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
             lawes
             ,
             that
             in
             every
             particular
             fact
             ,
             that
             is
             to
             say
             ,
             whether
             
               Mr.
               Love
            
             was
             present
             at
             the
             reading
             of
             the
             letters
             ,
             if
             you
             have
             one
             witnesse
             to
             that
             ,
             another
             for
             the
             writing
             of
             them
             ,
             another
             to
             the
             sending
             of
             them
             ;
             though
             these
             three
             witnesses
             speak
             to
             severall
             parts
             of
             the
             businesse
             ,
             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
             severall
             witnesses
             to
             severall
             bribes
             .
             The
             question
             now
             was
             ,
             whether
             he
             took
             bribes
             or
             no
             ?
             And
             these
             tending
             to
             the
             same
             generall
             Charge
             ,
             it
             was
             the
             opinion
             of
             all
             the
             Judges
             ,
             that
             he
             did
             extort
             and
             take
             bribes
             .
             The
             one
             witnesse
             spake
             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
             generall
             Charge
             of
             Bribery
             ,
             these
             were
             taken
             for
             plurall
             witnesses
             ,
             and
             that
             was
             a
             good
             conviction
             .
             That
             was
             the
             opinion
             of
             the
             Judges
             then
             .
             I
             mention
             this
             Case
             onely
             for
             an
             instance
             to
             expresse
             my self
             in
             this
             :
             For
             
               Mr.
               Love
            
             cannot
             expect
             ,
             that
             to
             every
             particular
             thing
             laid
             to
             his
             charge
             two
             witnesses
             should
             be
             produc'd
             .
             But
             my
             Lord
             ,
             when
             one
             witnesse
             proves
             ,
             this
             thing
             he
             hath
             done
             ,
             this
             letter
             hath
             he
             written
             ;
             and
             another
             that
             another
             thing
             he
             hath
             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
             individuall
             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
             inlarge
             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
             cleer
             as
             the
             Sun.
             Truly
             ,
             my
             Lord
             ,
             it
             is
             very
             hard
             ,
             that
             works
             of
             darknesse
             should
             need
             so
             much
             light
             for
             discovery
             ,
             and
             that
             so
             cleer
             a
             proof
             should
             be
             necessary
             when
             the
             things
             are
             done
             in
             darkness
             and
             secrecie
             .
             My
             Lord
             ,
             I
             think
             ,
             under
             favour
             ,
             though
             in
             this
             particular
             we
             have
             our
             witness
             ,
             as
             I
             do
             take
             it
             ,
             to
             speak
             very
             plainly
             and
             cleerly
             ;
             for
             it
             is
             their
             owne
             faults
             if
             they
             doe
             not
             ,
             for
             they
             were
             present
             at
             the
             meetings
             ,
             at
             the
             Consultations
             and
             Debates
             .
             But
             yet
             I
             do
             observe
             ,
             That
             in
             this
             case
             things
             were
             carryed
             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
             businesse
             .
             I
             observe
             it
             upon
             evidence
             ,
             first
             ,
             That
             the
             very
             meetings
             themselves
             ,
             They
             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
             darknesse
             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
             hath
             been
             so
             much
             for
             ,
             and
             shewed
             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
             ,
             then
             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
             past
             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
             Atturney
             Generall
             ;
             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
            
             himselfe
             did
             say
             ,
             He
             would
             be
             ingenuous
             so
             far
             as
             he
             took
             himselfe
             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
             Common-wealth
             .
             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
             sayes
             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
             hath
             notice
             of
             a
             thing
             that
             is
             Treason
             ,
             and
             hee
             conceals
             it
             ;
             now
             ,
             my
             Lord
             ,
             under
             favour
             ,
             the
             concealment
             must
             not
             be
             long
             ,
             it
             must
             not
             sleep
             long
             with
             him
             .
             My
             Lord
             ,
             I
             remember
             an
             Axiome
             an
             Author
             hath
             in
             our
             Law
             ,
             and
             that
             is
             Bracton
             ;
             he
             hath
             a
             discourse
             of
             misprision
             of
             Treason
             ,
             he
             hath
             it
             in
             Latine
             —
             sayes
             hee
             ,
             
               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
            
             (
             sayes
             he
             )
             
               though
               he
               have
               most
               urgent
               businesse
               yet
               he
               must
               set
               it
               aside
               and
               go
               on
               ,
               and
               must
               not
               stay
               in
               any
               place
               till
               he
               hath
               revealed
               it
               .
            
             Nay
             he
             sayes
             further
             ,
             
               He
               ought
               not
               to
               look
               back
               till
               he
               hath
               given
               information
               to
               the
               Magistrate
            
             ;
             The
             man
             that
             doth
             not
             after
             this
             manner
             forth-with
             reveal
             it
             ,
             this
             only
             is
             misprision
             of
             Treason
             .
             But
             considering
             this
             case
             of
             Mr.
             Loves
             ,
             now
             confessing
             the
             fact
             ,
             he
             takes
             it
             to
             be
             misprision
             of
             Treason
             ,
             but
             I
             take
             it
             to
             be
             Treason
             it selfe
             .
             My
             Lord
             ,
             I
             shall
             observe
             what
             
               Mr.
               Love
            
             did
             ;
             he
             was
             at
             these
             meetings
             ;
             these
             meetings
             were
             continued
             for
             divers
             dayes
             ,
             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
             confesse
             it
             upon
             his
             Examination
             ,
             when
             examined
             ?
             Nay
             ,
             Did
             he
             not
             deny
             it
             when
             he
             came
             to
             the
             Bar
             before
             your
             Lord-ship
             ?
             Can
             this
             bee
             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
             it selfe
             .
             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
             growes
             up
             into
             Treason
             it self
             .
          
           
             My
             Lord
             ,
             I
             shall
             say
             no
             more
             of
             that
             ,
             but
             I
             shall
             conclude
             ,
             because
             the
             other
             part
             lies
             upon
             Mr.
             Atturney
             Generall
             ,
             who
             is
             better
             able
             to
             do
             it
             ;
             onely
             one
             thing
             I
             shall
             take
             notice
             of
             to
             your
             Lordship
             ,
             and
             I
             am
             troubled
             at
             it
             ;
             and
             that
             is
             ,
             That
             as
             he
             saith
             ,
             that
             he
             that
             hath
             been
             so
             much
             for
             the
             Parliament
             ,
             with
             whom
             he
             hath
             gone
             along
             ,
             and
             took
             sweet
             counsell
             together
             ,
             and
             hath
             been
             Active
             for
             ,
             and
             Passive
             with
             through
             all
             the
             passages
             of
             the
             late
             Warres
             ,
             that
             he
             should
             suffer
             from
             them
             ,
             this
             he
             saies
             ,
             stuck
             very
             much
             upon
             him
             .
             But
             ,
             my
             Lord
             ,
             for
             him
             that
             hath
             been
             so
             much
             for
             the
             Parliament
             ,
             so
             familiar
             with
             their
             proceedings
             ,
             that
             hath
             been
             so
             active
             for
             them
             ,
             and
             hath
             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
             counsell
             together
             .
             And
             by
             one
             I
             may
             say
             this
             ,
             that
             though
             he
             had
             no
             hand
             in
             making
             this
             Common-wealth
             ,
             yet
             I
             dare
             say
             he
             had
             in
             the
             preparations
             to
             it
             ;
             for
             himself
             all
             along
             hath
             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
             M.
             Atturney-Generall
             .
          
        
         
           M.
           Atturney-Generall
           the
           third
           Councell
           for
           the
           Common-wealth
           .
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             I
             am
             sorry
             M.
             Love
             hath
             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
             hither
             ,
             I
             am
             forced
             to
             it
             .
             M.
             Love
             ,
             my
             Lord
             ,
             in
             the
             beginning
             of
             his
             Triall
             did
             desire
             God
             so
             to
             assist
             him
             ,
             that
             he
             might
             go
             through
             it
             with
             gravity
             ,
             meekness
             and
             wisdom
             ,
             as
             became
             a
             Minister
             of
             the
             Gospell
             :
             I
             wish
             that
             God
             had
             heard
             his
             prayers
             ,
             that
             he
             had
             so
             gone
             through
             it
             ;
             what
             he
             hath
             done
             ,
             the
             Court
             hath
             observed
             .
          
           
             My
             Lord
             ,
             in
             that
             part
             I
             have
             to
             do
             ,
             I
             do
             heartily
             desire
             I
             might
             doe
             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
             Defence
             ,
             and
             to
             make
             a
             faithful
             repetition
             to
             the
             Court
             ,
             and
             to
             doe
             the
             Witnesses
             and
             the
             Prisoner
             right
             ;
             to
             repeat
             that
             ,
             and
             that
             onely
             that
             hath
             been
             said
             :
             And
             in
             that
             ,
             that
             J
             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
             hath
             showed
             his
             Oratory
             in
             his
             defence
             .
             My
             Lord
             ,
             I
             shall
             show
             the
             simplicity
             of
             Law
             in
             the
             Reply
             .
          
           
             My
             Lord
             ,
             the
             Charge
             hath
             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
             hath
             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
             favour
             )
             I
             shall
             first
             begin
             with
             .
          
           
             He
             stands
             charged
             he
             sayes
             ,
             for
             crimes
             done
             in
             1648.
             1649.
             1650.
             and
             1651.
             and
             those
             crimes
             he
             sayes
             ,
             were
             before
             this
             Court
             was
             ,
             or
             had
             a
             being
             ,
             and
             so
             had
             not
             power
             to
             take
             cognizance
             of
             them
             .
          
           
             That
             my
             Lord
             ,
             J
             shall
             endeavour
             to
             clear
             to
             you
             ,
             and
             I
             think
             in
             much
             cleerness
             ,
             cleerer
             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
             publish'd
             and
             known
             .
             He
             stands
             charged
             with
             no
             crime
             before
             the
             Law
             was
             publish'd
             ,
             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
             thirtieth
             of
             January
             ,
             1648.
             that
             doth
             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
             Traytor
             ,
             and
             shall
             suffer
             pains
             of
             death
             as
             a
             Traytor
             :
             Here
             was
             this
             Law
             publish'd
             ,
             and
             notice
             given
             what
             every
             man
             should
             trust
             to
             ,
             and
             I
             may
             say
             my
             Lord
             ,
             Obedience
             expected
             :
             Against
             this
             Law
             hath
             M.
             Love
             transgressed
             ,
             and
             under
             favour
             ,
             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
             entituled
             ,
             
               An
               Act
               declaring
               what
               offences
               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
             hath
             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
             offences
             are
             committed
             ,
             the
             State
             takes
             care
             to
             appoint
             Courts
             and
             Judges
             to
             judge
             those
             offences
             ;
             let
             it
             be
             no
             offence
             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
             offence
             committed
             before
             ,
             and
             so
             I
             think
             ,
             in
             all
             England
             the
             offences
             are
             committed
             before
             the
             Judges
             go
             their
             Circuits
             and
             have
             their
             Commissions
             .
          
           
             My
             Lord
             ,
             the
             next
             is
             the
             Law
             that
             constitutes
             this
             Court
             ,
             and
             sayes
             in
             what
             particulars
             this
             Court
             
             hath
             power
             to
             take
             notice
             of
             offences
             ,
             besides
             those
             mentioned
             before
             ,
             and
             the
             last
             concerning
             the
             Scots
             ;
             that
             was
             but
             lately
             which
             Mr.
             Love
             sayes
             he
             was
             ignorant
             of
             ;
             but
             he
             was
             not
             ignorant
             to
             doe
             somewhat
             against
             it
             .
             My
             Lord
             ,
             these
             are
             for
             the
             lawes
             that
             
               Mr.
               Love
            
             is
             impeach't
             upon
             .
          
           
             The
             next
             thing
             that
             I
             have
             to
             doe
             is
             ,
             (
             and
             in
             that
             I
             humbly
             beg
             your
             favour
             ,
             That
             as
             I
             am
             now
             to
             doe
             Justice
             (
             if
             I
             may
             so
             say
             )
             to
             the
             Court
             ,
             and
             to
             bee
             faithfull
             to
             my
             Trust
             and
             the
             Duty
             imposed
             upon
             mee
             )
             to
             repeat
             the
             evidence
             right
             unto
             you
             ;
             and
             in
             that
             ,
             as
             the
             Gentleman
             the
             Prisoner
             at
             the
             Barre
             ,
             hath
             had
             that
             favour
             from
             you
             to
             have
             a
             Notary
             by
             him
             to
             take
             all
             that
             was
             said
             of
             all
             parties
             ;
             so
             ,
             my
             lord
             ,
             by
             your
             favour
             ,
             wee
             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
             ,
             wee
             thinke
             wee
             have
             faithfully
             transcribed
             that
             which
             was
             said
             by
             the
             Witnesses
             .
             And
             ,
             my
             lord
             ,
             I
             humbly
             crave
             favour
             ,
             as
             not
             now
             being
             a
             private
             examination
             ,
             to
             be
             read
             ,
             but
             a
             publike
             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
             heare-say
             ,
             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
             bee
             taken
             for
             their
             Interest
             .
             This
             I
             doe
             acknowledge
             was
             but
             a
             heare-say
             ;
             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
             hath
             been
             observed
             by
             my
             fellowes
             that
             are
             Counsell
             here
             ,
             though
             there
             was
             not
             acting
             ,
             nor
             presence
             ,
             nor
             knowing
             ,
             yet
             (
             my
             lord
             )
             under
             a
             second
             ,
             it
             will
             appeare
             hee
             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
             hath
             been
             severall
             times
             repeated
             to
             you
             by
             severall
             persons
             ,
             and
             Titus
             the
             party
             now
             beyond
             the
             Seas
             ,
             and
             Drake
             ,
             and
             other
             Traytors
             fled
             ,
             were
             prime
             sticklers
             for
             this
             ,
             and
             moved
             others
             to
             come
             in
             and
             to
             bee
             there
             present
             ,
             and
             heare
             what
             was
             the
             designe
             .
             As
             J
             did
             crave
             your
             Lordships
             favour
             ,
             so
             I
             shall
             ,
             that
             I
             may
             not
             (
             as
             hee
             sayes
             )
             trust
             to
             fickle
             nor
             roveing
             memory
             ,
             that
             I
             may
             bee
             faithfull
             to
             read
             to
             you
             that
             I
             have
             taken
             ,
             and
             what
             was
             said
             by
             them
             ;
             I
             suppose
             
               Mr.
               Love
            
             hath
             by
             him
             one
             that
             can
             controle
             me
             if
             I
             doe
             not
             right
             .
          
           
             I
             begin
             with
             this
             meeting
             at
             Dowgate
             ,
             and
             continued
             at
             the
             White-Hart
             in
             
               Breadstreet
               ,
               Alford
            
             gave
             you
             this
             evidence
             ,
             
               That
               one
               morning
               hee
               was
               wished
               by
            
             Drake
             
               to
               goe
               to
               the
               Swan
               at
               Dowgate
               ;
               when
               hee
               came
               there
               ,
               there
               was
               one
            
             Titus
             
               who
               gave
               relation
               of
               the
               good
               disposition
               of
               the
               Prince
               ,
               and
               how
               inclineable
               hee
               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
               sticke
               close
               to
               the
               ends
               of
               the
               Covenant
               ;
               and
               upon
               that
               wee
               that
               were
               there
               did
               thinke
               wee
               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
               wee
               would
               appoint
               another
               meeting
               ,
               hee
               would
               draw
               up
               something
               in
               way
               of
               Application
               of
               the
               Presbyterian
               party
               to
               that
               purpose
               .
            
          
           
             
               Wee
               afterwards
               met
               at
               the
               Beare
               in
               Breadstreet
               ,
               and
               there
               hee
               drew
               fourth
               something
               hee
               had
               framed
               to
               that
               purpose
               ,
               and
               read
               it
               ,
               and
               it
               was
               agreed
               upon
               to
               bee
               sent
               over
               to
               the
               Prince
               ,
               the
               substance
               of
               it
               was
               to
               presse
               the
               Prince
               to
               apply
               himselfe
               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
               mischiefe
               to
               his
               Father
               ,
               and
               would
               doe
               likewise
               to
               him
               :
               And
               this
               (
               I
               believe
               )
               was
               sent
               over
               ,
               for
            
             Titus
             
               undertooke
               to
               send
               it
               over
               .
               Wee
               asked
               him
               how
               the
               Prince
               could
               bee
               made
               to
               believe
               that
               this
               coming
               from
               so
               inconsiderable
               a
               party
               as
               wee
               were
               ,
               should
               come
               under
               the
               notion
               of
               the
               Presbyterian
               party
               of
            
             England
             ;
             
               hee
               said
               hee
               would
               undertake
               it
               by
               meanes
               of
               my
               Lord
            
             Piercie
             .
             And
             my
             lord
             ,
             I
             think
             you
             doe
             remember
             there
             was
             one
             Mason
             servant
             of
             Piercy
             ,
             that
             was
             sent
             over
             hither
             ,
             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
             Traytors
             .
          
           
             My
             Lord
             ,
             If
             they
             were
             Traitours
             ,
             and
             this
             is
             Treason
             ;
             then
             whoever
             had
             a
             hand
             in
             carrying
             on
             this
             Design
             ,
             himselfe
             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
             favour
             ,
             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
             severall
             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
             sayes
             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
             ,
             unlesse
             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
             honour
             ,
             to
             perswade
             him
             to
             a
             good
             opinion
             of
             the
             Scots
             ,
             to
             take
             the
             Covenant
             ,
             and
             to
             joyn
             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
             joyn
             with
             the
             Covenanting
             party
             in
             England
             and
             Scotland
             .
          
           
             My
             Lord
             ,
             This
             is
             that
             now
             that
             hath
             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
             followes
             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
             followes
             after
             ,
             my
             lord
             ,
             will
             bring
             him
             in
             danger
             .
          
           
             My
             Lord
             ,
             Here
             ,
             you
             have
             heard
             ,
             was
             this
             meeting
             ,
             and
             what
             was
             propounded
             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
             thither
             ;
             it
             is
             not
             doubted
             by
             any
             but
             he
             was
             sent
             and
             did
             go
             thither
             .
             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
             expresseth
             it
             thus
             :
             
               That
               upon
               a
               meeting
               ,
               the
               place
               and
               time
               I
               remember
               not
               ;
               where
               I
               think
               were
               present
            
             Drake
             ,
             Titus
             ,
             Alford
             ,
             
               and
               my selfe
               ,
               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
             hath
             said
             in
             his
             late
             Defence
             ,
             )
             
               In
               order
               to
               his
               going
               ,
               we
               did
               
               agree
               to
               furnish
               him
               with
               money
               for
               the
               present
               ,
               and
               made
               some
               kinde
               of
               promise
               to
               keep
               him
               while
               he
               was
               out
               ;
               about
               an
               hundred
               pound
               was
               furnish'd
               ;
               for
               my
               part
               ,
               I
               paid
               twenty
               pounds
               of
               it
               .
            
             This
             is
             Adams
             .
          
           
             The
             next
             is
             Farr
             :
             He
             sayes
             ,
             
               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
               thither
            
             ;
             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
             favour
             ,
             his
             proof
             before
             you
             of
             this
             meeting
             at
             Dowgate
             ,
             at
             the
             Swan
             there
             ,
             finish'd
             in
             Bredstreet
             ,
             carried
             over
             unto
             
               Jersey
               ,
               Titus
            
             the
             Messenger
             furnish'd
             with
             money
             by
             a
             party
             from
             hence
             in
             this
             Arrant
             ,
             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
             hath
             carried
             himself
             (
             as
             some
             have
             said
             )
             like
             a
             Rat
             among
             joynt-stools
             ,
             a
             man
             can
             see
             him
             ,
             but
             cannot
             hit
             him
             ;
             But
             ,
             my
             Lord
             ,
             I
             doubt
             he
             will
             appear
             to
             be
             too
             busie
             in
             what
             followes
             ,
             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
             finish'd
             his
             work
             at
             Jersey
             ,
             he
             was
             then
             to
             give
             an
             account
             to
             his
             Masters
             that
             imployed
             him
             ,
             and
             upon
             his
             return
             he
             was
             to
             doe
             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
             stedfast
             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
             favour
             ,
             my
             Lord
             ,
             this
             letter
             from
             Titus
             was
             read
             in
             M.
             Loves
             house
             ,
             to
             have
             one
             sent
             to
             him
             ;
             and
             there
             it
             was
             propounded
             for
             some
             to
             be
             sent
             ,
             Adams
             was
             propounded
             ,
             for
             him
             to
             go
             ;
             Farr
             propounded
             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
             favour
             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
               thither
               ,
               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
             privie
             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
             unto
             Calice
             ,
             it
             was
             made
             known
             in
             M.
             Loves
             house
             ,
             and
             some
             propounded
             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
             doe
             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
             Defence
             ,
             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
             unto
             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
               generall
               in
            
             England
             ,
             
               and
               promised
               them
               great
               favours
               when
               he
               was
               in
               a
               condition
               ,
               and
               desired
               them
               to
               continue
               stedfast
               in
               the
               way
               they
               were
               in
               ;
               which
               letter
               was
               read
               and
               publish'd
               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
             ,
             sayes
             this
             Gentleman
             ,
             and
             the
             copy
             of
             the
             Kings
             letter
             .
          
           
             My
             Lord
             ,
             the
             next
             I
             shall
             read
             unto
             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
               di●ers
               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
             Jaquel
             sayes
             .
          
           
             The
             next
             ,
             my
             lord
             ,
             i●
             
               Far
               ;
               Alford
            
             being
             returned
             ,
             he
             gave
             account
             of
             his
             imployment
             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
             favour
             to
             go
             thorow
             this
             .
             There
             follows
             more
             at
             
               Mr.
               Loves
            
             house
             ;
             this
             is
             not
             ended
             yet
             .
             My
             lord
             ,
             after
             this
             ,
             there
             was
             somewhat
             propounded
             to
             be
             done
             upon
             this
             Narrative
             and
             a
             letter
             from
             the
             King
             ;
             somewhat
             was
             propounded
             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
             acknowledgeth
             ,
             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
             B●eda
             ,
             
               to
               advise
               with
               the
               Scots
               Commissioners
               there
               ,
               in
               behalf
               of
               the
               Presbyterian
               party
               in
               England
               .
               This
               Commission
               was
               read
               in
               Mr.
            
             Loves
             
               Studie
               :
               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
             sayes
             this
             ,
             
               It
               was
               agreed
               in
               the
               generall
               ,
               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
               joyn
               with
               the
               Scots
               Commissioners
               ,
               according
               to
               such
               Instructions
               as
               should
               be
               therein
               inclosed
               .
               And
               this
               question
               being
               asked
               ,
               What
               power
               have
               wee
               to
               give
               or
               send
               such
               a
               Commission
               ?
            
             Drake
             
               answered
               ,
               Wee
               have
               the
               Kings
               Command
               for
               it
               ,
               and
               the
               authority
               of
               some
               secluded
               Parliament
               men
               ;
               for
               J
               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
               J
               remember
               ,
               Mr.
            
             Gibbons
             
               brought
               the
               rough
               draught
               .
               J
               am
               very
               confident
               that
               Master
            
             Love
             
               was
               there
               some
               part
               of
               this
               time
               ;
               and
               it
               was
               in
               his
               Studie
               ,
               where
               this
               was
               generally
               consented
               unto
               .
               The
               Jnstructions
               were
               there
               agreed
               also
               ,
               and
               read
               by
            
             Drake
             ,
             
               as
               J
               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
               perswade
               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
             imployed
             to
             agitate
             !
             And
             though
             wee
             do
             not
             finde
             
               Mr.
               Love
            
             to
             have
             been
             knowing
             or
             privie
             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
             joyn
             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
             wee
             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
             mee
             ,
             nor
             by
             any
             for
             the
             Commonwealth
             ,
             whether
             
               Master
               Love
            
             did
             approve
             or
             not
             ;
             or
             how
             far
             hee
             went
             in
             it
             .
             But
             hee
             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
             hee
             hath
             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
             doth
             not
             much
             move
             mee
             .
             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
            
             acknowledgeth
             hee
             debated
             against
             it
             .
             My
             lord
             ,
             under
             favour
             ,
             if
             hee
             had
             declared
             an
             utter
             dislike
             ,
             and
             (
             as
             hee
             himselfe
             sayes
             )
             a
             detestation
             and
             abomination
             against
             it
             !
             But
             hee
             goes
             on
             ,
             though
             not
             in
             that
             particular
             ,
             yet
             in
             another
             ;
             and
             hee
             is
             guilty
             of
             all
             .
             In
             Treason
             there
             are
             no
             Accessaries
             ,
             all
             present
             are
             Principles
             .
          
           
             The
             crime
             of
             Treason
             is
             beyond
             the
             crying
             blood
             of
             murther
             ,
             one
             is
             but
             private
             ,
             the
             other
             is
             publike
             ;
             so
             as
             ,
             my
             lord
             ,
             though
             Mr.
             Love
             acknowledgeth
             ,
             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
             designe
             there
             must
             be
             two
             ;
             and
             Adams
             himselfe
             sayes
             it
             was
             propounded
             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
             perswade
             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
             imployment
             it
             seems
             ,
             that
             would
             be
             privie
             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
             sayes
             ,
             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
             beleeved
             .
          
           
             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
               sum●n
               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
             Jaquel
             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
             Belcar●is
             ,
             to
             give
             credit
             to
             what
             Bamfield
             should
             relate
             :
             money
             provided
             ,
             though
             not
             the
             sum
             nor
             the
             means
             those
             letters
             did
             hint
             to
             them
             ;
             perchance
             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
             knowes
             ;
             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
             Councell
             ;
             here
             was
             one
             of
             his
             reasons
             why
             he
             desired
             councell
             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
             pleas●
             ,
             my
             lord
             ,
             I
             will
             read
             you
             three
             witnesses
             to
             that
             ,
             and
             that
             neither
             doth
             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
               propounded
               ,
               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
               propounded
               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
               correspondency
               ;
               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
               Armes
               ,
               and
               the
               money
               propounded
               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
             kn●w
             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
               Armes
               ,
               but
               it
               was
               not
               agreed
               that
               any
               Money
               or
               Armes
               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
            
             250l.
             or
             300l.
             
               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
               severall
               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
             himselfe
             ,
             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
             saith
             ,
             Mr.
             Love
             having
             replyed
             unto
             it
             ,
             concerning
             a
             letter
             writ
             to
             the
             Generall
             Assembly
             and
             Kirk
             of
             Scotland
             ;
             and
             in
             that
             ,
             my
             Lord
             ,
             he
             is
             pretty
             positive
             .
             Adams
             Testimony
             is
             ;
             
               There
               was
               a
               letter
               written
               to
               the
               Generall
               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
             sayes
             ,
             
               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
             favour
             ,
             by
             the
             lawes
             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
             Lod
             ,
             I
             think
             I
             shall
             not
             need
             to
             say
             much
             in
             it
             ,
             but
             he
             is
             culpaple
             and
             guilty
             of
             the
             whole
             ,
             from
             the
             first
             to
             the
             last
             :
             And
             that
             Mr.
             Love
             should
             be
             but
             a
             meer
             Spectatour
             ,
             a
             meer
             concealing
             person
             ,
             it
             is
             very
             hard
             to
             be
             beleeved
             by
             any
             that
             are
             rationall
             men
             ;
             for
             after
             that
             once
             Titus
             hath
             done
             his
             errand
             at
             Jersey
             ,
             and
             gives
             his
             account
             here
             ;
             my
             Lord
             ,
             that
             his
             transactions
             ,
             and
             the
             subsequent
             imployment
             ,
             all
             that
             we
             know
             of
             ,
             are
             all
             transacted
             ,
             and
             carryed
             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
             confesse
             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
             hath
             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
             severall
             lawes
             read
             before
             the
             charge
             opened
             ,
             that
             man
             is
             guilty
             of
             High
             treason
             ,
             and
             is
             a
             Traitour
             by
             the
             lawes
             of
             the
             land
             now
             ,
             that
             doth
             any
             way
             promote
             ,
             declare
             ,
             or
             publish
             
               Charls
               Ste●art
            
             to
             be
             King
             of
             England
             .
             My
             lord
             ,
             you
             have
             heard
             the
             evidence
             ,
             what
             Titus
             hath
             plotted
             ,
             what
             Drake
             hath
             carryed
             on
             ,
             what
             
               Mr.
               Love
            
             hath
             approved
             of
             ,
             and
             how
             far
             he
             hath
             consented
             and
             joyned
             in
             the
             design
             .
             My
             lord
             ,
             I
             shall
             say
             it
             again
             ,
             if
             Titus
             and
             Drake
             be
             traitours
             ,
             as
             their
             own
             guilty
             consciences
             have
             made
             themselves
             judge
             themselves
             so
             ;
             he
             that
             flies
             confesseth
             the
             fact
             ;
             My
             lord
             ,
             they
             are
             fled
             .
             My
             lord
             ,
             if
             they
             be
             traitours
             ,
             
               Mr.
               Love
            
             must
             be
             the
             same
             with
             them
             ;
             for
             
               Mr.
               Love
            
             was
             carrying
             on
             ,
             and
             hath
             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
             a●●
             
             no
             accessaries
             .
             My
             Lord
             ,
             the
             next
             point
             is
             this
             ;
             the
             next
             Act
             is
             that
             of
             the
             17.
             of
             Janury
             ,
             1649
             ,
             Having
             given
             you
             the
             evidence
             ,
             you
             will
             give
             me
             leave
             now
             shortly
             to
             repeat
             the
             Law.
             The
             first
             is
             ,
             for
             promoting
             
               Charls
               Stewart
            
             ,
             &c.
             
             That
             if
             any
             person
             shall
             maliciously
             and
             advisedly
             plot
             ,
             contrive
             and
             endeavour
             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
             expresse
             himself
             that
             none
             can
             accuse
             him
             ,
             nor
             none
             have
             sworn
             against
             him
             ,
             that
             he
             hath
             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
             endeavour
             against
             it
             ;
             but
             for
             that
             ,
             how
             far
             he
             is
             guilty
             upon
             the
             evidence
             of
             being
             instrumental
             of
             the
             war
             in
             Scotland
             ,
             and
             to
             have
             endeavoured
             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
             hath
             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
             hath
             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
             lawes
             offended
             against
             ,
             though
             in
             time
             before
             this
             Court
             was
             constituted
             ,
             yet
             this
             Court
             hath
             ,
             in
             expresse
             words
             ,
             commission
             and
             Authority
             given
             them
             by
             the
             Parliament
             ,
             to
             take
             cognizance
             of
             all
             Facts
             and
             offences
             ,
             done
             after
             that
             Law
             ,
             though
             done
             before
             your
             Commission
             ;
             and
             that
             ,
             my
             Lord
             ,
             is
             not
             to
             be
             doubted
             ,
             to
             be
             a
             very
             good
             and
             legall
             Authority
             :
             And
             yet
             for
             this
             the
             law
             that
             constitutes
             this
             Court
             ,
             of
             the
             26
             of
             March
             1650.
             
             That
             no
             person
             after
             the
             29
             of
             March
             1650
             ,
             shall
             give
             or
             hold
             any
             Intelligence
             by
             letters
             ,
             messages
             ,
             or
             otherwise
             ,
             with
             
               Charls
               Stewart
               ,
               James
               Stewart
            
             ,
             or
             the
             late
             Queen
             their
             mother
             ,
             or
             the
             Councell
             abiding
             with
             any
             of
             them
             ,
             prejudiciall
             to
             the
             Commonwealth
             ,
             or
             with
             any
             that
             shall
             be
             in
             Armes
             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
             Councell
             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
             ,
             Victualls
             or
             Amunition
             ,
             on
             pain
             of
             death
             of
             other
             corporall
             punishment
             .
             And
             whosoever
             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
             howifar
             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
             2
             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
             correspondency
             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
            
             5.
             of
             August
             ,
             
               shall
               use
               ,
               hold
               ,
               or
               maintain
               any
               correspondency
               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
               incourage
               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
               ,
               armes
               ,
               Amunition
               ,
               or
               any
               other
               furniture
               of
               Plate
               ,
               Goods
               ,
               Merchandise
               ,
               or
               any
               supply
               whatsoever
               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
            
             hath
             done
             in
             transgression
             against
             them
             .
          
           
             My
             Lord
             ,
             M.
             Love
             was
             pleased
             at
             the
             beginning
             of
             this
             Triall
             ,
             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
             mentall
             reservation
             ;
             but
             to
             a
             positive
             deniall
             of
             any
             facts
             of
             Treason
             ,
             or
             looking
             that
             way
             ;
             that
             it
             had
             been
             made
             in
             that
             sense
             ,
             that
             he
             had
             been
             clearly
             not
             guily
             of
             any
             thing
             :
             But
             (
             my
             lord
             )
             having
             looked
             upon
             them
             ,
             and
             caused
             them
             to
             bee
             transcribed
             to
             me
             ,
             I
             doe
             finde
             that
             they
             are
             somewhat
             cautious
             ,
             and
             perchance
             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
             publike
             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
               generall
               ,
               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
             hath
             been
             sent
             from
             the
             King
             ,
             or
             from
             the
             Scottish
             Nation
             ,
             or
             others
             ,
             or
             by
             Massie
             or
             the
             rest
             ,
             that
             shall
             bee
             believed
             as
             the
             evidence
             is
             .
          
        
         
           
             M.
             Love.
             
          
           
             It
             is
             in
             my
             second
             protestation
             .
          
        
         
           
             At.
             G.
             
          
           
             Again
             (
             saith
             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
               &
               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
               forrain
               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
             M.
             Love
             did
             not
             move
             others
             to
             contribute
             we
             have
             not
             a
             word
             of
             that
             .
             Truly
             ,
             I
             did
             thinke
             it
             when
             hee
             spoke
             it
             .
             But
             it
             seems
             these
             asseverations
             were
             studied
             to
             evade
             ,
             and
             that
             he
             would
             speake
             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
             neer
             as
             this
             .
          
           
             My
             lord
             ,
             M.
             Love
             the
             last
             day
             had
             your
             patience
             and
             justice
             to
             make
             a
             large
             Defence
             ,
             and
             he
             was
             very
             large
             in
             it
             ;
             and
             though
             hee
             did
             beat
             us
             down
             ,
             that
             are
             the
             Counsell
             for
             the
             Publike
             ,
             that
             wee
             should
             not
             use
             Oratory
             ,
             nor
             flourishes
             ,
             nor
             Querks
             of
             Law
             ,
             nor
             Niceties
             ,
             in
             which
             I
             shall
             be
             guided
             by
             him
             ,
             and
             shall
             not
             doe
             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
             deale
             as
             truth
             ought
             to
             deale
             in
             pure
             nakedness
             and
             simplicity
             ,
             and
             not
             to
             use
             any
             Oratory
             ,
             but
             to
             set
             the
             matter
             of
             fact
             before
             you
             ,
             and
             leave
             it
             unto
             the
             Court
             ,
             who
             are
             the
             Judges
             between
             the
             Common-wealth
             and
             himselfe
             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
             proposalls
             to
             the
             Court
             ,
             which
             truly
             (
             my
             lord
             )
             might
             better
             have
             been
             termed
             rather
             threatnings
             ,
             than
             proposalls
             .
          
           
             My
             lord
             ,
             for
             the
             Charge
             ,
             you
             have
             heard
             it
             hath
             been
             gone
             through
             ,
             and
             the
             evidence
             concerning
             it
             ;
             concerning
             the
             Witnesses
             (
             my
             lord
             )
             I
             have
             read
             unto
             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
             my selfe
             ,
             and
             all
             that
             are
             well-wishers
             to
             the
             publike
             ,
             that
             any
             man
             that
             hath
             been
             a
             friend
             to
             the
             Parliament
             ,
             that
             hath
             gone
             along
             with
             them
             ,
             acted
             for
             them
             ,
             suffered
             for
             them
             ,
             done
             as
             he
             hath
             done
             ,
             that
             this
             man
             should
             bee
             called
             to
             publike
             Justice
             ;
             I
             hope
             (
             my
             lord
             )
             all
             that
             heare
             mee
             beare
             witness
             ,
             that
             I
             thinke
             (
             my
             lord
             )
             wee
             are
             all
             sensible
             of
             it
             .
          
           
           
             But
             ,
             my
             Lord
             ,
             look
             upon
             who
             hath
             been
             the
             cause
             of
             it
             ,
             let
             that
             he
             look'd
             into
             ,
             and
             every
             man
             will
             be
             satisfied
             in
             his
             own
             judgement
             and
             consceince
             ,
             whether
             Mr.
             Love
             were
             provoked
             or
             no
             ;
             or
             whether
             he
             hath
             not
             provoked
             the
             State
             to
             bring
             him
             to
             be
             thus
             exemplary
             in
             Justice
             .
             M.
             Love
             sayes
             ,
             (
             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
               ,
               whatsoever
               you
               doe
               with
               me
               ;
               but
               this
               grieves
               me
               more
               ,
               that
               I
               should
               suffer
               from
               your
               hands
               ,
               for
               whom
               I
               have
               done
               and
               suffred
               so
               much
               in
               my
               obscure
               station
               ,
               and
               according
               to
               my
               weak
               measure
               .
               Had
               I
               been
               so
               dealt
               with
               at
            
             Oxford
             
               at
               the
            
             Juncto
             
               there
               !
               but
               to
               be
               so
               dealt
               withall
               in
               Westminster-hall
               ,
               this
               troubles
               me
               .
            
             And
             my
             Lord
             ,
             it
             doth
             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
             posest
             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
             M.
             Love
             ,
             a
             Minister
             ,
             a
             Minister
             of
             the
             Gospel
             ,
             a
             man
             that
             hath
             preached
             for
             us
             ,
             prayed
             for
             us
             ,
             acted
             with
             us
             ,
             gone
             along
             with
             us
             ,
             that
             he
             should
             go
             to
             undermine
             us
             ,
             that
             he
             should
             be
             joyned
             ,
             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
             Common-wealth
             :
             Truly
             that
             
               M.
               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
             hee
             hath
             done
             ,
             my
             Lord
             ,
             you
             have
             heard
             ;
             what
             his
             offences
             have
             been
             ,
             and
             who
             gave
             the
             cause
             ,
             that
             a
             Minister
             should
             doe
             this
             ,
             one
             that
             had
             a
             calling
             otherwhere
             ,
             and
             better
             to
             imploy
             himself
             ,
             than
             to
             meddle
             with
             States
             ,
             and
             Secular
             Affairs
             ;
             and
             these
             things
             to
             be
             done
             in
             M.
             Love's
             house
             ,
             and
             in
             his
             Study
             ,
             where
             he
             should
             have
             been
             studying
             better
             things
             .
             My
             lord
             ,
             next
             he
             sayes
             ,
             I
             could
             not
             leave
             such
             relations
             as
             I
             have
             ,
             nor
             such
             a
             loving
             people
             and
             competent
             living
             as
             any
             Minister
             hath
             within
             London
             ,
             onely
             Conscience
             carried
             mee
             another
             way
             ,
             and
             till
             Conscience
             bee
             satisfied
             ,
             I
             cannot
             stirre
             one
             jot
             .
             My
             lord
             ,
             this
             his
             Conscience
             ,
             I
             do
             not
             know
             what
             it
             hath
             to
             do
             in
             Government
             ,
             or
             what
             Mr.
             Loves
             Conscience
             had
             to
             doe
             in
             these
             affairs
             :
             He
             had
             a
             calling
             of
             his
             own
             to
             use
             ;
             and
             should
             I
             goe
             out
             of
             my
             calling
             and
             meddle
             with
             other
             men
             ,
             I
             humbly
             conceive
             ,
             I
             were
             a
             busie
             body
             .
             M.
             Love
             had
             a
             calling
             enough
             for
             any
             one
             man
             to
             imploy
             himself
             in
             ,
             and
             me
             thinks
             ,
             when
             he
             sayes
             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
             perchance
             we
             are
             fetch'd
             in
             again
             with
             the
             whip
             .
             But
             (
             my
             lord
             )
             
               Mr.
               Love
            
             had
             other
             relations
             of
             wife
             and
             children
             ,
             which
             he
             might
             have
             look'd
             upon
             also
             ,
             and
             taken
             care
             of
             them
             .
          
           
             In
             the
             last
             place
             ,
             he
             is
             pleased
             to
             say
             ,
             (
             and
             that
             I
             believe
             hath
             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
             hath
             forbid
             .
             
               M.
               Love
            
             is
             pleased
             to
             declare
             himself
             still
             to
             retain
             his
             old
             principles
             ,
             from
             which
             (
             by
             the
             grace
             of
             God
             )
             hee
             will
             not
             be
             taken
             off
             by
             any
             terror
             .
             My
             lord
             ,
             you
             will
             heare
             by
             and
             by
             what
             the
             Covenant
             hee
             supposes
             leads
             him
             to
             ,
             and
             (
             my
             lord
             )
             I
             shall
             take
             it
             asunder
             ,
             and
             bring
             it
             next
             ,
             if
             you
             please
             ,
             that
             is
             ,
             the
             Covenant
             Interest
             ▪
             Saies
             
               M.
               Love
               ,
               Though
               I
               own
               not
               the
               way
               of
               managing
               any
               papers
               ,
               I
               neither
               writ
               them
               ,
               nor
               sent
               them
               ,
               yet
               thus
               far
               I
               own
               the
               thing
               ,
               I
               confess
               it
               was
               agreeable
               to
               my
               judgement
               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
             Rebells
             ,
             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
             hath
             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
             onely
             divide
             the
             King
             from
             his
             people
             ,
             but
             the
             Kingdomes
             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
             bee
             an
             agreement
             upon
             those
             terms
             consisting
             with
             Religion
             ,
             and
             the
             terms
             of
             the
             Covenant
             .
          
        
         
           
             At.
             Gen.
             
          
           
             But
             had
             you
             gone
             on
             as
             a
             private
             man
             ,
             
               M.
               Love
            
             ,
             we
             had
             not
             stir'd
             you
             now
             :
             My
             lord
             ,
             this
             is
             plain
             of
             it self
             ,
             what
             interest
             this
             Covenant-interest
             is
             ,
             till
             the
             King
             &
             the
             people
             in
             the
             two
             Nations
             ,
             &c.
             Truly
             ,
             my
             lord
             ,
             M.
             Love
             is
             pleased
             to
             express
             himself
             somwhat
             obliquely
             against
             the
             present
             Government
             .
             He
             saith
             ,
             My
             Lord
             ,
             
               When
               I
               look
               upon
               all
               the
               Vowes
               ,
               Covenants
               ,
               Declarations
               ,
               Protestations
               of
               both
               Houses
               of
               Parliaments
               ,
               I
               find
               a
               sutablenesse
               between
               my
               judgement
               and
               them
               ,
               and
               am
               not
               conscious
               to
               my selfe
               of
               any
               
               thing
               I
               have
               done
               in
               opposition
               or
               contradiction
               thereunto
               ;
               I
               repent
               not
               of
               whatsoever
               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
               our selves
               ,
               and
               honoured
               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
               againe
               upon
               the
               same
               unquestionable
               Authority
               ,
               for
               the
               same
               declared
               ends
               ,
               and
               against
               the
               same
               Malignant
               persons
               ,
               I
               should
               manifest
               as
               much
               readinesse
               of
               mind
               to
               engage
               according
               to
               my
               measure
               .
            
          
           
             After
             this
             ,
             where
             he
             had
             mentioned
             his
             troubles
             at
             Oxford
             ,
             when
             a
             Scholler
             there
             ,
             and
             at
             London
             ,
             when
             he
             came
             to
             a
             Lecture
             here
             ;
             at
             Newcastle
             ,
             when
             he
             spake
             for
             the
             Parliament
             there
             ;
             and
             in
             Kent
             ,
             when
             he
             spake
             against
             the
             King
             there
             ;
             when
             these
             were
             over
             ,
             after
             this
             he
             had
             a
             little
             breathing
             ,
             whilst
             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
             enterpose
             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
             hath
             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
             judgement
             and
             conscience
             did
             interpos●
             in
             State
             affairs
             ,
             to
             dispose
             of
             Kingdoms
             and
             Commonwealths
             ,
             whether
             ever
             〈◊〉
             were
             in
             the
             least
             interupted
             .
          
           
             My
             Lord
             ,
             He
             sayes
             himselfe
             ,
             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
             hath
             interupted
             him
             ▪
             and
             your selfe
             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
             proposalls
             to
             the
             Court
             ,
             I
             do
             say
             ,
             were
             hardly
             fair
             proposals
             ,
             for
             they
             had
             a
             little
             of
             threatning
             in
             them
             ;
             For
             (
             sayes
             he
             )
             if
             you
             censure
             rather
             upon
             a
             Politicall
             interest
             ,
             then
             of
             the
             me●rit
             of
             the
             Fact
             ,
             the
             Scripture
             counts
             it
             not
             justice
             ,
             but
             murther
             :
             Truly
             (
             my
             Lord
             )
             I
             think
             justice
             is
             a
             politicall
             interest
             ,
             the
             preservation
             of
             the
             Generall
             ;
             but
             surely
             I
             do
             not
             think
             the
             person
             will
             come
             in
             judgement
             before
             you
             ,
             but
             the
             merit
             of
             his
             Fact
             ;
             and
             as
             yet
             I
             may
             say
             ,
             I
             suppose
             the
             Treasons
             hee
             hath
             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
             judgements
             ,
             that
             they
             are
             proved
             ▪
             my
             Lord
             ,
             it
             is
             Justice
             ,
             not
             murder
             ;
             and
             it
             is
             Justice
             ,
             that
             which
             politicall
             interest
             requires
             of
             you
             ,
             that
             Justice
             be
             done
             upon
             the
             Prisoner
             .
             And
             he
             is
             pleased
             to
             say
             in
             his
             last
             Defence
             ,
             That
             he
             denyed
             the
             commission
             to
             be
             s●nt
             ,
             and
             entituling
             the
             Presbyterian
             Party
             to
             it
             :
             and
             he
             hath
             acknowledged
             it
             had
             been
             very
             high
             presumption
             if
             they
             should
             have
             done
             it
             ,
             and
             a
             notorious
             false-hood
             :
             and
             in
             that
             I
             joyn
             with
             him
             ;
             and
             whether
             he
             hath
             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
             himselfe
             hath
             acknowledged
             ,
             it
             is
             right
             done
             to
             the
             Presbyterian
             party
             ,
             who
             ,
             I
             am
             sure
             will
             not
             owne
             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
             enquire
             after
             it
             ,
             it
             was
             preached
             at
             Uxbridge
             (
             my
             Lord
             ,
             I
             had
             the
             honor
             to
             be
             at
             the
             Treaty
             )
             which
             hath
             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.
               Atturney
               Generall
               reads
               out
               of
               the
               book
               which
               he
               said
               was
               Mr.
            
             Love's
             Sermon
             .
          
           
             
               I
               have
               ever
               thought
               that
               too
               much
               mercy
               towards
               Malignants
               ,
               hath
               made
               more
               Delinquents
               then
               ever
               Justice
               hath
               done
               .
               Mercy
               should
               not
               weigh
               down
               Justice
            
             (
             my
             Lord
             ,
             these
             are
             good
             Instructions
             )
             
               in
               God
               they
               are
               both
               equall
               ,
               why
               should
               it
               not
               be
               so
               in
               man
               ?
               Pity
               to
               the
               bad
               ,
               hath
               proved
               cruelty
               to
               the
               good
               ;
               the
               sparing
               of
               offenders
               hath
               made
               many
               worse
               ,
               few
               or
               none
               better
            
             (
             and
             my
             Lord
             ,
             we
             know
             it
             .
             )
             
               To
               them
               that
               have
               shewed
               no
               mercy
               ,
               let
               judgement
               be
               shewed
               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
               ,
               Physitians
               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
             M
             Love
             hath
             indeavoured
             since
             (
             my
             lord
             )
             I
             shall
             say
             nothing
             ;
             and
             I
             have
             but
             one
             word
             more
             ,
             and
             it
             is
             this
             ,
             my
             lord
             ,
             he
             sayes
             it
             is
             not
             likely
             to
             have
             a
             peace
             with
             such
             men
             as
             these
             ,
             the
             malignant
             party
             ,
             while
             they
             continue
             thus
             .
             
               We
               can
               assoon
               make
               fire
               and
               water
               agree
               ,
               yea
               ,
               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
             thinke
             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
             habity
             in
             the
             same
             words
             as
             spoken
             by
             the
             Witnesses
             :
             And
             (
             my
             lord
             )
             having
             heard
             those
             ,
             and
             the
             Lawes
             ,
             and
             the
             Charge
             against
             him
             ,
             upon
             the
             whole
             I
             shall
             humbly
             leave
             him
             to
             stand
             ,
             or
             fall
             by
             your
             justice
             and
             judgement
             .
          
        
         
           
             M.
             Love.
             
          
           
             My
             Lord
             ,
             I
             humbly
             crave
             leave
             to
             speak
             but
             one
             word
             ,
             M.
             
               At.
               Gen.
            
             hath
             replied
             to
             my
             Defence
             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
             hath
             said
             the
             last
             day
             ,
             and
             I
             have
             brought
             nothing
             new
             before
             you
             ,
             and
             if
             the
             Sermon
             preached
             at
             Vxbridge
             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
             imployments
             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
            
             sayes
             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
             any
             thing
             to
             say
             ,
             or
             if
             he
             had
             had
             any
             thing
             more
             ,
             he
             might
             have
             said
             it
             ,
             I
             did
             wait
             if
             he
             would
             have
             said
             any
             thing
             :
             But
             (
             my
             lord
             )
             when
             the
             whole
             was
             clos'd
             ,
             and
             no
             new
             evidence
             :
             I
             did
             not
             answer
             all
             the
             suggestions
             of
             M.
             Love
             the
             last
             day
             ,
             his
             evidence
             &
             depositions
             wil
             conclude
             the
             Court
             ,
             that
             it
             is
             not
             suggestions
             and
             insinuations
             ,
             the
             Court
             are
             above
             those
             ;
             when
             the
             evidence
             is
             clos'd
             for
             the
             Common-wealth
             ,
             let
             it
             be
             concluded
             there
             :
             if
             they
             offer
             any
             now
             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
             my self
             ,
             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
             would
             no
             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
             hath
             offer'd
             any
             thing
             or
             not
             ,
             we
             have
             Notaries
             ,
             and
             so
             have
             you
             ;
             you
             spent
             the
             last
             day
             only
             in
             making
             Comments
             &
             Collections
             ,
             yet
             that
             you
             might
             have
             some
             liberty
             of
             discourse
             ,
             we
             sate
             here
             patiently
             two
             hours
             ,
             and
             did
             hear
             that
             which
             we
             ought
             not
             ,
             nor
             you
             ought
             to
             have
             spoken
             ;
             and
             now
             you
             are
             entring
             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
             your selfe
             ,
             and
             you
             would
             rather
             betray
             your self
             ,
             then
             them
             :
             and
             God
             and
             the
             Truth
             than
             them
             ;
             but
             wee
             will
             bee
             as
             carefull
             of
             any
             Comments
             as
             you
             your selfe
             can
             bee
             :
             and
             thinke
             that
             wee
             have
             so
             much
             piety
             and
             charity
             ,
             that
             wee
             sit
             here
             
             with
             as
             good
             affections
             of
             Justice
             and
             Piety
             ,
             as
             are
             in
             your
             own
             brest
             ;
             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
             customes
             of
             the
             Court.
             
          
        
         
           
             L.
             Pres
             .
          
           
             I
             beleeve
             you
             have
             wronged
             your
             own
             brest
             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
             then
             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.
             Atturny
             hath
             not
             spoken
             it
             ,
             not
             read
             it
             according
             to
             the
             truth
             ,
             we
             will
             examine
             it
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             He
             hath
             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
             inlightens
             ,
             for
             whether
             hee
             hath
             done
             it
             with
             advantage
             or
             disadvantage
             ,
             that
             is
             our
             part
             to
             consider
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             desire
             to
             have
             councel
             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
             concell
             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
             cognisance
             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
             personall
             Act
             of
             mine
             ,
             to
             bring
             me
             under
             your
             law
             ,
             as
             to
             Treason
             ,
             I
             desire
             my
             councell
             to
             clear
             this
             ,
             that
             concealment
             of
             Treason
             ,
             though
             for
             never
             so
             long
             atract
             of
             time
             ,
             is
             not
             Treason
             by
             the
             law
             of
             the
             land
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             will
             out
             Mr.
             Love
             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
             ,
             S.
             
               Thomas
               Witherington
            
             was
             pleased
             to
             expresse
             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
             judg
             ,
             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
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             Truly
             I
             professe
             ,
             I
             hope
             I
             am
             not
             in
             my
             nature
             cruel
             ,
             that
             I
             should
             do
             injury
             to
             
               Mr.
               Love
            
             :
             but
             (
             my
             lord
             )
             I
             cannot
             favour
             him
             to
             do
             injury
             to
             the
             law
             of
             the
             nation
             .
             My
             lord
             ,
             he
             hath
             one
             by
             him
             that
             hath
             taken
             every
             word
             of
             the
             charge
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             did
             plead
             upon
             your
             lordships
             promise
             ,
             that
             I
             should
             have
             a
             fair
             and
             indifferent
             hearing
             ,
             and
             if
             matter
             of
             law
             did
             arise
             from
             matter
             of
             Fact
             ,
             which
             could
             not
             ,
             you
             said
             ,
             be
             known
             til
             the
             witnesses
             were
             deposed
             ,
             I
             had
             your
             lordships
             promise
             ,
             and
             I
             think
             the
             Courts
             ,
             that
             I
             should
             have
             counsel
             to
             plead
             to
             matter
             of
             law
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             lord
             ,
             I
             think
             here
             is
             no
             legislative
             power
             in
             this
             Court
             to
             change
             lawes
             ▪
             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
             owne
             De●ence
             ,
             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
             hath
             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
             !
          
        
         
           
             L.
             Pres
             .
          
           
             
               Mr.
               Love
            
             ,
             that
             you
             have
             said
             hitherto
             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
             any
             thing
             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
             any
             thing
             ,
             you
             should
             have
             offered
             it
             the
             last
             day
             ;
             here
             hath
             been
             nothing
             new
             offered
             concerning
             you
             ,
             but
             as
             it
             is
             usuall
             for
             the
             Councell
             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
             then
             for
             a
             whole
             Generation
             which
             the
             law
             runs
             u●to
             ?
             I
             do
             not
             know
             how
             to
             do
             it
             ;
             you
             had
             this
             paper
             in
             your
             pocket
             ,
             you
             might
             have
             pulled
             〈◊〉
             out
             ,
             a●d
             you
             ●●ve
             had
             time
             in
             a
             nearer
             degree
             to
             it
             ;
             yet
             the
             Court
             is
             willing
             ,
             if
             you
             〈…〉
             Cou●cell
             ,
             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
             Councell
             .
          
        
         
           Mr.
           Love
           
             gives
             in
             his
             Exceptions
          
           .
        
         
           Exceptions
           taken
           by
           
             Chistopher
             Love
          
           Clerk
           ,
           To
           the
           Charge
           of
           high
           Treason
           ,
           and
           other
           high
           crimes
           and
           offences
           ,
           exhibited
           to
           the
           high
           Court
           of
           Justice
           against
           him
           ,
           by
           
             Edmund
             Prideaux
          
           
             Esq
          
           Atturney
           Generall
           for
           the
           Common-wealth
           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.
          
           Loves
           
             Councell
             ,
             and
             the
             substance
             of
             them
             then
             debated
             in
             court
             by
             Mr.
          
           Hale
           ,
           
             a
             Councell
             for
             M.
          
           Love.
           
        
         
           
             Att.
             Gen.
             
          
           
             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
             copie
             of
             the
             Indictment
             ;
             it
             is
             said
             ,
             the
             Court
             are
             Judges
             for
             the
             prisoner
             ,
             and
             Councell
             for
             him
             :
             To
             you
             all
             things
             be
             substantially
             charged
             .
             That
             there
             is
             a
             substantiall
             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
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Though
             it
             be
             more
             then
             the
             law
             permits
             ,
             yet
             the
             Court
             will
             take
             consideration
             of
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             He
             did
             read
             his
             papers
             :
             I
             think
             it
             is
             more
             then
             ever
             was
             heard
             of
             in
             any
             Court
             in
             the
             world
             :
             but
             to
             take
             his
             papers
             in
             by
             your
             Clark
             ;
             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
             give
             papers
             ,
             I
             may
             ,
             and
             as
             Embassadors
             ,
             treat
             by
             papers
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Mr.
             Love
             ,
             we
             have
             gone
             out
             of
             our
             way
             for
             you
             ,
             and
             whatever
             hath
             been
             suggested
             by
             the
             Councell
             this
             day
             is
             nothing
             ,
             unlesse
             they
             had
             offered
             new
             matter
             ;
             and
             they
             have
             offered
             none
             :
             and
             therefore
             it
             is
             against
             any
             law
             that
             was
             ever
             yet
             practised
             in
             England
             .
             You
             were
             concluded
             before
             ;
             though
             haply
             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
           Pres
           .
           speaks
           .
        
         
           
             L.
             Pres
             .
          
           
             M.
             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
             hath
             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
             Councel
             ;
             yet
             it
             is
             not
             under
             your
             Councels
             hand
             ,
             nor
             your
             own
             ;
             which
             in
             order
             it
             should
             be
             ;
             we
             have
             considered
             of
             them
             ,
             and
             our
             examining
             of
             them
             hath
             taken
             up
             a
             great
             deal
             of
             this
             time
             we
             have
             been
             absent
             .
             We
             finde
             that
             there
             may
             haply
             be
             some
             mistakes
             in
             your
             Notes
             ;
             Therefore
             it
             is
             resolved
             ,
             though
             there
             seem
             not
             much
             difficultie
             to
             us
             ,
             yet
             you
             shall
             have
             Councell
             ;
             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
             a
             clock
             ,
             to
             this
             place
             ,
             or
             to
             the
             Painted
             Chamber
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Shall
             the
             Councel
             have
             onely
             bare
             liberty
             ,
             or
             will
             the
             Court
             assigne
             them
             me
             ?
          
        
         
           
             L.
             Pres
             .
          
           
             If
             you
             desire
             it
             ,
             and
             name
             them
             ,
             they
             shall
             be
             assigned
             you
             .
          
        
         
           
             M.
             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
               Councel
               shall
               under
               their
               hands
               assigne
               any
               matters
               of
               law
               fit
               to
               be
               argued
               and
               presented
               to
               this
               Court
               ,
               on
               Tuesday
               next
               at
               eight
               a
               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
             Lordships
             favour
             ,
             and
             the
             favour
             of
             the
             Court.
             
          
        
         
           Mr.
           Love
           
             is
             commanded
             away
             .
             The
             Court
             adjourns
             .
          
        
      
       
         
         
           The
           fifth
           Dayes
           proceedings
           ,
           
             July
             the
             
               1.
               1651
            
             ,
          
        
         
           These
           Exceptions
           following
           signed
           by
           Mr.
           Love's
           Councell
           ,
           were
           delivered
           this
           morning
           by
           Mr.
           Love's
           Solicitour
           into
           the
           Court
           ,
           sitting
           in
           the
           Painted
           Chamber
           .
        
         
           
             
               
                 
                   Exceptions
                   to
                   the
                   Charge
                   of
                   High-Treason
                   ,
                   and
                   other
                   High
                   Crimes
                   ,
                   and
                   Offences
                   ,
                   exhibited
                   to
                   the
                   High
                   Court
                   of
                   Justice
                   ,
                   by
                   
                     Edmund
                     Prideaux
                  
                   
                     Esq
                  
                   Atturney
                   Generall
                   for
                   the
                   Commonwealth
                   of
                   England
                   ,
                   against
                   
                     Christopher
                     Love
                  
                   Clerk
                   :
                   And
                   Matters
                   of
                   Law
                   humbly
                   presented
                   to
                   the
                   said
                   High-Court
                   ,
                   according
                   to
                   the
                   Direction
                   of
                   an
                   Order
                   hereunto
                   annexed
                   .
                   For
                   this
                   Order
                   ,
                   see
                   the
                   fore-going
                   page
                   .
                
                 
                   First
                   THe
                   Charge
                   is
                   ,
                   That
                   Christopher
                   Love
                   
                     as
                     a
                     false
                     Traitour
                     ,
                     and
                     Enemy
                     to
                     the
                     Commonwealth
                     of
                  
                   England
                   ,
                   
                     and
                     out
                     of
                     a
                     Traiterous
                     and
                     wicked
                     Designe
                     ,
                     to
                     stir
                     up
                     a
                     new
                     and
                     Bloody
                     War
                     ,
                     and
                     to
                     raise
                     Insurrections
                     ,
                     Sedition
                     and
                     Rebellion
                     within
                     this
                     Nation
                     ,
                     in
                     severall
                     dayes
                     and
                     times
                     ,
                     that
                     is
                     to
                     say
                     ,
                     in
                     the
                     yeers
                     of
                     our
                     Lord
                     God
                  
                   1648
                   ,
                   1649
                   ,
                   1650
                   ,
                   1651
                   ,
                   at
                   London
                   
                     and
                     in
                     divers
                     other
                     places
                     within
                     this
                     Commonwealth
                     of
                  
                   England
                   ,
                   
                     and
                     elsewhere
                     ,
                     together
                     with
                  
                   William
                   Drake
                   ,
                   
                     and
                     divers
                     other
                     persons
                     ,
                     did
                     traiterously
                     combine
                     ,
                     confederate
                     ,
                     and
                     complet
                     together
                     ,
                     to
                     stir
                     and
                     raise
                     Forces
                     against
                     the
                     present
                     Government
                     of
                     this
                     Nation
                     ,
                     since
                     the
                     same
                     hath
                     been
                     setled
                     in
                     a
                     Commonwealth
                     and
                     Free-State
                     ,
                     without
                     a
                     King
                     and
                     House
                     of
                     Lords
                     ,
                     and
                     for
                     the
                     subversion
                     and
                     alteration
                     of
                     the
                     same
                     .
                  
                
                 
                   The
                   Act
                   of
                   the
                   17
                   of
                   July
                   1649.
                   is
                   ,
                   That
                   if
                   any
                   person
                   shall
                   maliciously
                   or
                   advisedly
                   plot
                   ,
                   contrive
                   or
                   endeovour
                   to
                   raise
                   forces
                   against
                   the
                   present
                   Government
                   ,
                   or
                   for
                   the
                   subversion
                   or
                   alteration
                   of
                   the
                   same
                   ;
                   and
                   shall
                   declare
                   the
                   same
                   by
                   open
                   deed
                   ,
                   that
                   every
                   such
                   offence
                   shall
                   be
                   Treason
                   .
                
                 
                   Exception
                   1.
                   
                   The
                   words
                   Maliciously
                   or
                   Advisedly
                   are
                   left
                   out
                   of
                   the
                   Charge
                   .
                
                 
                   2.
                   
                   That
                   the
                   words
                   of
                   the
                   Act
                   are
                   omitted
                   ,
                   which
                   are
                   ,
                   
                     Plot
                     ,
                     Contrive
                     or
                     Endeavour
                  
                   ,
                
                 
                   3.
                   
                   It
                   is
                   not
                   Treason
                   within
                   the
                   Act
                   to
                   plot
                   ,
                   contrive
                   ,
                   or
                   endeavour
                   ,
                   to
                   stir
                   up
                   or
                   raise
                   Forces
                   against
                   the
                   present
                   Government
                   ,
                   or
                   for
                   the
                   subversion
                   or
                   alteration
                   of
                   the
                   same
                   ,
                   unlesse
                   the
                   same
                   be
                   declared
                   by
                   some
                   open
                   deed
                   .
                   But
                   the
                   Charge
                   is
                   ,
                   That
                   Christopher
                   Love
                   
                     did
                     combine
                     ,
                     confederate
                     ,
                     and
                     complet
                     ,
                     to
                     stir
                     and
                     raise
                     up
                     Forces
                     against
                     the
                     present
                     Government
                     ,
                     &c.
                  
                   and
                   it
                   is
                   not
                   charged
                   that
                   he
                   said
                   
                     Christopher
                     Love
                  
                   did
                   declare
                   the
                   same
                   by
                   any
                   open
                   deed
                   .
                
                 
                   Secondly
                   ,
                   Whereas
                   the
                   said
                   
                     Christopher
                     Love
                  
                   is
                   by
                   the
                   said
                   Articles
                   charged
                   ,
                   that
                   for
                   
                     the
                     Subversion
                     ,
                     and
                     alteration
                     of
                     the
                     same
                     ,
                     and
                     to
                     carry
                     on
                     the
                     said
                     traiterous
                     Designe
                     ,
                  
                   that
                   he
                   did
                   
                     Traiterously
                     and
                     Maliciously
                     declare
                     ,
                     publish
                     ,
                     and
                     promote
                     the
                     eldest
                     Son
                     of
                     the
                     late
                     King
                     to
                     be
                     King
                     of
                  
                   England
                   (
                   meaning
                   this
                   Commonwealth
                   )
                   
                     without
                     the
                     consent
                     of
                     the
                     people
                     in
                     Parliament
                     ,
                     first
                     had
                     ,
                     and
                     signified
                     by
                     Authority
                     or
                     Ordinance
                     to
                     that
                     purpose
                     .
                  
                
                 
                   The
                   Act
                   of
                   the
                   30.
                   of
                   January
                   1648.
                   is
                   ,
                   that
                   no
                   person
                   do
                   presume
                   to
                   proclaim
                   ,
                   publish
                   ,
                   or
                   any
                   way
                   promote
                   
                     Charls
                     Stewart
                  
                   ,
                   son
                   of
                   the
                   late
                   King
                   Charls
                   ,
                   commonly
                   called
                   ,
                   the
                   Prince
                   of
                   Wales
                   ,
                   or
                   any
                   other
                   person
                   ,
                   to
                   be
                   King
                   ,
                   or
                   chief
                   Magistrate
                   of
                   England
                   ,
                   by
                   colour
                   of
                   Inheritance
                   ,
                   Succession
                   ,
                   Election
                   ,
                   or
                   any
                   other
                   claim
                   whatsoever
                   .
                
                 
                   Exception
                   .
                   It
                   is
                   not
                   expresly
                   charged
                   that
                   the
                   same
                   was
                   done
                   after
                   the
                   said
                   Act
                   made
                   ,
                   neither
                   doth
                   the
                   Charge
                   pursue
                   the
                   words
                   or
                   intent
                   of
                   the
                   Act.
                   
                
                 
                   Thirdly
                   :
                   The
                   Charge
                   is
                   ,
                   
                     that
                     to
                     accomplish
                     the
                     said
                     trayterous
                     and
                     wicked
                     designe
                     ,
                     the
                     said
                  
                   Christopher
                   Love
                   ,
                   
                     on
                     severall
                     dayes
                     and
                     times
                     in
                     the
                     yeers
                     aforesaid
                     ,
                     at
                  
                   London
                   &c.
                   
                     together
                     with
                  
                   William
                   Drake
                   
                     and
                     other
                     persons
                     ,
                     did
                     trayterously
                     and
                     maliciously
                     invite
                     ,
                     aid
                     and
                     assist
                     the
                     Scots
                     ,
                     being
                     Strangers
                     ,
                     to
                     invade
                     this
                     Commonwealth
                     of
                  
                   England
                   ,
                   
                     and
                     hath
                     adhered
                     to
                     the
                     Forces
                     of
                     the
                     Enemies
                     raised
                     against
                     the
                     Parliament
                  
                
                 
                 
                   The
                   Act
                   of
                   the
                   17
                   of
                   July
                   1649.
                   is
                   ,
                   that
                   if
                   any
                   person
                   shall
                   procure
                   ,
                   invite
                   ,
                   aid
                   or
                   assist
                   any
                   Forraigners
                   or
                   Strangers
                   to
                   invade
                   England
                   or
                   Ireland
                   ;
                   or
                   shall
                   adhere
                   to
                   any
                   forces
                   raised
                   by
                   the
                   enemies
                   of
                   the
                   Parliament
                   or
                   Commonwealth
                   ,
                   or
                   Keepers
                   of
                   the
                   Liberties
                   of
                   England
                   ;
                   every
                   such
                   offence
                   shall
                   be
                   taken
                   to
                   be
                   Treason
                   .
                
                 
                   Except
                   .
                   1.
                   
                   That
                   it
                   is
                   not
                   alledged
                   in
                   his
                   Charge
                   who
                   in
                   particular
                   were
                   the
                   Strangers
                   that
                   were
                   invited
                   to
                   invade
                   England
                   .
                
                 
                   2.
                   
                   That
                   it
                   is
                   not
                   alledged
                   ,
                   that
                   at
                   the
                   times
                   of
                   the
                   invitement
                   ,
                   aid
                   and
                   assistance
                   laid
                   in
                   the
                   Charge
                   ,
                   the
                   Scots
                   were
                   strangers
                   .
                
                 
                   3
                   That
                   it
                   is
                   not
                   alledged
                   particularly
                   in
                   the
                   Charge
                   ,
                   to
                   the
                   Forces
                   of
                   what
                   enemies
                   raised
                   against
                   the
                   Parliament
                   ,
                   
                     Christopher
                     Love
                  
                   did
                   adhere
                   .
                
                 
                   4
                   It
                   chargeth
                   the
                   Prisoner
                   for
                   a
                   treasonable
                   assistance
                   in
                   some
                   yeers
                   that
                   were
                   before
                   the
                   said
                   Act
                   of
                   the
                   17
                   of
                   July
                   1649
                   was
                   made
                   .
                
                 
                   5
                   To
                   advance
                   the
                   said
                   traiterous
                   and
                   wicked
                   designe
                   ,
                   is
                   uncertain
                   to
                   what
                   designe
                   it
                   shall
                   have
                   reference
                   ,
                   severall
                   charges
                   of
                   treason
                   being
                   before
                   expressed
                   .
                
                 
                   Fourthly
                   .
                   The
                   Charge
                   is
                   ,
                   That
                   Christopher
                   Love
                   ,
                   
                     divers
                     dayes
                     and
                     times
                     between
                     the
                  
                   29th
                   
                     of
                     March
                  
                   1650.
                   
                     and
                     the
                     first
                     day
                     of
                     June
                  
                   1651.
                   at
                   London
                   
                     &c.
                     did
                     traiterously
                     and
                     maliciously
                     give
                     ,
                     hold
                     ,
                     use
                     and
                     maintain
                     correspondency
                     and
                     intelligence
                     by
                     letters
                     ,
                     messages
                     ,
                     instructions
                     or
                     otherwise
                     ,
                     prejudiciall
                     to
                     this
                     Commonwealth
                     ,
                     with
                  
                   Charles
                   Stewart
                   
                     son
                     of
                     the
                     late
                     King
                     ,
                     with
                     the
                     late
                     Queen
                     his
                     mother
                     ,
                     and
                     with
                  
                   Henry
                   Jermin
                   ,
                   Henry
                   Piercy
                   ,
                   
                     and
                     divers
                     other
                     persons
                     being
                     of
                     Councel
                     and
                     abiding
                     with
                  
                   Charles
                   Stewart
                   .
                
                 
                   By
                   the
                   Act
                   of
                   26
                   March
                   1650.
                   the
                   matters
                   charged
                   herein
                   are
                   onely
                   prohibited
                   ,
                   but
                   are
                   not
                   made
                   Treason
                   .
                
                 
                   Except
                   .
                   1.
                   
                   That
                   this
                   charge
                   is
                   mislaid
                   ,
                   being
                   charged
                   to
                   be
                   done
                   traiterously
                   .
                
                 
                   2
                   The
                   charge
                   is
                   uncertain
                   ,
                   being
                   alledged
                   in
                   the
                   disjunctive
                   (
                   or
                   otherwise
                   )
                   and
                   shews
                   not
                   in
                   what
                   other
                   manner
                   .
                
                 
                   Fifthly
                   .
                   The
                   Charge
                   is
                   ,
                   That
                   Christopher
                   Love
                   ,
                   
                     within
                     the
                     times
                     ,
                     and
                     at
                     the
                     places
                     aforesaid
                     ,
                     did
                     traiterously
                     and
                     maliciously
                     use
                     ,
                     hold
                     and
                     maintain
                     correspondency
                     and
                     intelligence
                     with
                     divers
                     persons
                     of
                     the
                     Scotish
                     Nation
                     ;
                     that
                     is
                     to
                     say
                     ,
                     with
                     the
                     Earl
                     of
                  
                   Argile
                   ,
                   
                     and
                     others
                     of
                     the
                     Scotish
                     Nation
                     ,
                     and
                     with
                     divers
                     other
                     persons
                     of
                     other
                     Nations
                     ,
                     whom
                  
                   Christopher
                   Love
                   
                     well
                     knew
                     to
                     adhere
                     to
                     the
                     said
                     Scotish
                     Nation
                     in
                     the
                     War
                     against
                     the
                     Parliament
                     .
                  
                
                 
                   The
                   Act
                   of
                   the
                   2d
                   of
                   August
                   1650.
                   is
                   ,
                   that
                   all
                   and
                   every
                   person
                   that
                   shall
                   use
                   ,
                   hold
                   or
                   maintain
                   any
                   correspondency
                   or
                   intelligence
                   with
                   any
                   person
                   or
                   persons
                   of
                   the
                   Scotish
                   Nation
                   ,
                   residing
                   in
                   Scotland
                   ,
                   without
                   the
                   license
                   of
                   the
                   Parliament
                   ,
                   the
                   Councel
                   of
                   State
                   ,
                   or
                   the
                   Lord
                   Generall
                   :
                   or
                   with
                   any
                   person
                   or
                   persons
                   of
                   the
                   Scotish
                   or
                   any
                   other
                   Nation
                   whom
                   they
                   shall
                   know
                   to
                   adhere
                   to
                   the
                   Scotish
                   Nation
                   in
                   this
                   War
                   against
                   the
                   Parliament
                   .
                
                 
                   Except
                   .
                   1.
                   
                   That
                   it
                   is
                   not
                   laid
                   ,
                   that
                   the
                   persons
                   of
                   the
                   Scotish
                   Nation
                   mentioned
                   in
                   the
                   charge
                   ,
                   were
                   residing
                   in
                   Scotland
                   ,
                   nor
                   expresly
                   alledged
                   that
                   they
                   did
                   adhere
                   .
                
                 
                   2
                   ▪
                   That
                   it
                   is
                   not
                   averr'd
                   that
                   such
                   correspondency
                   was
                   holden
                   without
                   the
                   license
                   of
                   Parliament
                   ,
                   Councel
                   of
                   State
                   ,
                   or
                   the
                   Lord
                   General
                   ,
                   nor
                   in
                   what
                   war
                   the
                   correspondence
                   or
                   intelligence
                   was
                   held
                   .
                
                 
                   3
                   It
                   is
                   not
                   laid
                   with
                   what
                   particular
                   persons
                   of
                   any
                   other
                   nation
                   adhering
                   to
                   the
                   Scotish
                   Nation
                   ,
                   correspondency
                   or
                   intelligence
                   was
                   holden
                   ;
                   nor
                   of
                   what
                   Nations
                   .
                
                 
                   4
                   This
                   correspondency
                   and
                   intelligence
                   is
                   not
                   laid
                   to
                   be
                   after
                   the
                   5
                   of
                   August
                   1650.
                   mentioned
                   in
                   the
                   said
                   Act
                   of
                   the
                   2d
                   of
                   August
                   1650.
                   but
                   refers
                   to
                   a
                   time
                   preceding
                   that
                   Act.
                   
                
                 
                   Sixthly
                   .
                   The
                   Charge
                   is
                   ,
                   That
                   Christopher
                   Love
                   ,
                   
                     within
                     the
                     times
                     and
                     at
                     the
                     places
                     before
                     mentioned
                     ,
                     did
                     traiterously
                     and
                     maliciously
                     abbet
                     ,
                     assist
                     ,
                     countenance
                     and
                     incourage
                     both
                     the
                     Scotish
                     Nation
                     ,
                     and
                     divers
                     other
                     persons
                     adhering
                     to
                     them
                     in
                     this
                     War
                     ,
                     against
                     the
                     Parliament
                     .
                     And
                     did
                     send
                     and
                     convey
                     ,
                     or
                     cause
                     to
                     be
                     sent
                     and
                     conveyed
                     ,
                     Moneys
                     ,
                     Arms
                     ,
                     Ammunition
                     ,
                     and
                     other
                     Supplies
                     to
                     Scotland
                     and
                     other
                     places
                     ,
                     and
                     to
                     the
                     said
                  
                   Titus
                   ,
                   
                     &c.
                     in
                     confederacy
                     against
                     this
                     Nation
                     ,
                     without
                     license
                     of
                     the
                     Parliament
                     of
                     England
                     ,
                     or
                     Councel
                     of
                     State
                     ,
                     or
                     Generall
                     of
                     the
                     Army
                     .
                  
                
                 
                   The
                   Act
                   of
                   the
                   2d
                   of
                   August
                   1650.
                   is
                   ,
                   that
                   no
                   person
                   shall
                   abbet
                   ,
                   assist
                   ,
                   countenance
                   or
                   incourage
                   the
                   Scotish
                   Nation
                   ,
                   or
                   any
                   other
                   person
                   or
                   persons
                   adhering
                   to
                   them
                   in
                   their
                   war
                   against
                   the
                   Parliament
                   and
                   Commonwealth
                   of
                   England
                   ;
                   or
                   shall
                   go
                   ,
                   or
                   send
                   ,
                   or
                   cause
                   to
                   be
                   sent
                   &c.
                   any
                   money
                   ,
                   Horse
                   ,
                   Arms
                   ,
                   Ammunition
                   ,
                   or
                   other
                   Supplyes
                   into
                   Scotland
                   &c.
                   or
                   to
                   any
                   person
                   under
                   their
                   power
                   ,
                   or
                   in
                   confederacy
                   with
                   them
                   against
                   this
                   Nation
                   ,
                   without
                   the
                   license
                   of
                   the
                   Parliament
                   of
                   England
                   ,
                   Councell
                   of
                   State
                   appointed
                   by
                   their
                   authority
                   ,
                   and
                   of
                   the
                   Captain
                   Generall
                   of
                   the
                   Parliaments
                   Forces
                   a●
                   aforesaid
                   .
                
                 
                 
                   Except
                   .
                   1.
                   
                   That
                   there
                   are
                   no
                   particular
                   persons
                   named
                   ,
                   who
                   were
                   abetted
                   ,
                   assisted
                   ,
                   countenanced
                   ,
                   or
                   incouraged
                   ,
                   neither
                   of
                   the
                   Scottish
                   Nation
                   ,
                   nor
                   of
                   any
                   other
                   persons
                   adhering
                   to
                   them
                   .
                
                 
                   2.
                   
                   In
                   the
                   Charge
                   ,
                   the
                   sending
                   of
                   mony
                   ,
                   &c.
                   is
                   laid
                   to
                   be
                   done
                   without
                   the
                   license
                   of
                   the
                   Parliament
                   of
                   England
                   ,
                   or
                   of
                   the
                   Councel
                   of
                   State
                   ,
                   or
                   Generall
                   of
                   the
                   Army
                   .
                
                 
                   The
                   words
                   of
                   the
                   Act
                   are
                   ,
                   without
                   the
                   license
                   of
                   the
                   Parliament
                   of
                   England
                   ,
                   or
                   Councel
                   of
                   State
                   appointed
                   by
                   their
                   Authority
                   ,
                   or
                   of
                   the
                   Captain
                   Generall
                   of
                   the
                   Parliaments
                   Forces
                   .
                
                 
                   3.
                   
                   The
                   time
                   to
                   which
                   this
                   refers
                   ,
                   is
                   between
                   the
                   29
                   of
                   March
                   1650.
                   and
                   the
                   1.
                   of
                   June
                   1651.
                   and
                   so
                   it
                   takes
                   in
                   the
                   time
                   between
                   the
                   29
                   of
                   March
                   1650
                   ,
                   and
                   the
                   2d
                   of
                   August
                   1650.
                   which
                   is
                   before
                   the
                   making
                   of
                   the
                   Act.
                   
                
                 
                   Seventhly
                   .
                   The
                   charge
                   is
                   ,
                   
                     That
                     the
                     said
                  
                   Christopher
                   Love
                   ,
                   
                     at
                     the
                     times
                     and
                     places
                     before
                     mentioned
                     ,
                     did
                     Traiterously
                     ,
                     and
                     Voluntarily
                     relieve
                     the
                     said
                  
                   Sylas
                   Titus
                   ,
                   
                     and
                     one
                  
                   Sterks
                   
                     a
                     Scotchman
                     ,
                     which
                     then
                     were
                     and
                     yet
                     are
                     under
                     the
                     power
                     of
                     the
                     Scottish
                     Nation
                     ,
                     and
                     in
                     Arms
                     against
                     the
                     Parliament
                     of
                  
                   England
                   ,
                   
                     with
                     Moneys
                     ,
                     Arms
                     ,
                     and
                     Ammunition
                     .
                  
                
                 
                   By
                   the
                   Act
                   of
                   the
                   26.
                   of
                   March
                   1650.
                   the
                   matters
                   charged
                   herein
                   ,
                   are
                   only
                   prohibited
                   ,
                   but
                   not
                   made
                   Treason
                   .
                
                 
                   Except
                   .
                   1.
                   
                   That
                   this
                   Charge
                   is
                   mislaid
                   ,
                   being
                   charged
                   to
                   be
                   done
                   Traiterously
                   .
                
                 
                   2.
                   
                   It
                   is
                   laid
                   to
                   be
                   at
                   the
                   times
                   before
                   mentioned
                   ,
                   whereas
                   there
                   are
                   severall
                   times
                   before
                   mentioned
                   ;
                   so
                   as
                   it
                   is
                   uncertaine
                   to
                   which
                   of
                   those
                   times
                   this
                   Charge
                   relates
                   .
                
                 
                   3.
                   
                   And
                   of
                   these
                   times
                   sundry
                   of
                   them
                   are
                   laid
                   to
                   be
                   in
                   severall
                   years
                   before
                   the
                   making
                   of
                   the
                   upon
                   Act
                   which
                   this
                   Charge
                   is
                   grounded
                   .
                
              
               
                 
                   
                     Allegations
                     by
                  
                   Christopher
                   Love
                   
                     touching
                     the
                     matters
                     and
                     proof
                     upon
                     the
                     Charge
                     .
                  
                
                 
                   Though
                   I
                   do
                   not
                   conceive
                   any
                   sufficient
                   proof
                   is
                   made
                   of
                   the
                   Charges
                   against
                   me
                   ,
                   yet
                   I
                   shall
                   be
                   ready
                   to
                   make
                   it
                   appear
                   upon
                   proof
                   .
                
                 
                   That
                   one
                   of
                   the
                   principall
                   witnesses
                   hath
                   deposed
                   against
                   me
                   upon
                   promise
                   of
                   reward
                   ,
                   and
                   upon
                   menace
                   of
                   punishment
                   .
                
                 
                   That
                   one
                   hath
                   received
                   extraordinary
                   rewards
                   for
                   his
                   deposing
                   .
                
                 
                   That
                   diverse
                   of
                   the
                   witnesses
                   against
                   me
                   have
                   been
                   by
                   their
                   owne
                   confession
                   detected
                   of
                   contributing
                   of
                   supplies
                   and
                   assistance
                   ,
                   sending
                   and
                   receiving
                   letters
                   ,
                   contrary
                   to
                   the
                   late
                   Acts.
                   
                
                 
                   That
                   no
                   two
                   lawfull
                   witnesses
                   produced
                   prove
                   any
                   one
                   Treasonable
                   fact
                   .
                
                 
                   That
                   no
                   witnesse
                   doth
                   depose
                   further
                   then
                   concealment
                   ,
                   or
                   misprision
                   of
                   Treason
                   at
                   the
                   most
                   .
                
                 
                   
                     Christopher
                     Love.
                     
                  
                
              
               
                 
                   As
                   this
                   case
                   is
                   stated
                   ,
                   we
                   conceive
                   these
                   questions
                   may
                   arise
                   .
                
                 
                   1.
                   
                   Whether
                   in
                   this
                   case
                   these
                   be
                   lawfull
                   and
                   sufficient
                   witnesses
                   ,
                   as
                   by
                   law
                   is
                   required
                   .
                
                 
                   2.
                   
                   Whether
                   here
                   be
                   two
                   lawfull
                   witnesses
                   .
                
                 
                   3.
                   
                   Whether
                   any
                   concealment
                   of
                   Treason
                   be
                   Treason
                   within
                   the
                   late
                   Acts.
                   
                
                 
                   We
                   have
                   not
                   seen
                   any
                   Authenticall
                   copies
                   of
                   the
                   Charge
                   or
                   Evidence
                   ;
                   but
                   upon
                   the
                   copies
                   wee
                   have
                   seen
                   ,
                   we
                   humbly
                   conceive
                   fit
                   to
                   tender
                   these
                   matters
                   and
                   Exceptions
                   to
                   the
                   consideration
                   of
                   this
                   High
                   Court.
                   And
                   wee
                   shall
                   be
                   ready
                   to
                   speak
                   to
                   them
                   ,
                   or
                   any
                   of
                   them
                   ,
                   or
                   to
                   any
                   other
                   matters
                   arising
                   upon
                   the
                   case
                   ,
                   as
                   we
                   shall
                   receive
                   further
                   directions
                   .
                
                 
                   
                     
                       
                         
                           Matthew
                           Hales
                        
                         .
                      
                       
                         
                           John
                           Archer
                        
                         .
                      
                       
                         
                           Thomas
                           Waller
                        
                         .
                      
                    
                  
                
              
            
          
        
         
           
             After
             the
             Court
             had
             received
             the
             precedent
             Exceptions
             ,
             and
             were
             sat
             in
          
           Westminster
           
             Hall
             ,
             Mr.
          
           Love
           
             was
             commanded
             to
             the
             Bar.
          
           
        
         
           When
           
             Mr.
             Love
          
           ▪
           appeared
           at
           the
           Bar
           ,
           he
           desired
           the
           Court
           that
           his
           councell
           might
           be
           heard
           to
           these
           Exceptions
           .
           And
           when
           Mr.
           Archer
           and
           
             Mr.
             Waller
          
           ,
           who
           were
           of
           his
           councell
           ,
           appeared
           in
           Court
           ,
           the
           Court
           demamded
           of
           them
           ,
           whether
           they
           were
           of
           Mr.
           Loves
           councell
           ?
           they
           answered
           ,
           they
           did
           understand
           they
           were
           assigned
           to
           be
           of
           his
           councell
           by
           the
           Court
           ;
           then
           the
           Atturney
           Generall
           demanded
           of
           them
           ,
           whether
           or
           no
           they
           had
           subscribed
           the
           Engagement
           ;
           they
           answered
           ,
           they
           had
           not
           done
           it
           ;
           and
           spake
           further
           to
           this
           purpose
           ,
           that
           they
           were
           by
           the
           Court
           assigned
           to
           be
           of
           Mr.
           Loves
           councell
           ,
           and
           were
           
           sent
           for
           into
           the
           Court
           ,
           and
           in
           obedience
           thereunto
           they
           had
           appeared
           ,
           and
           were
           ready
           to
           speak
           ,
           if
           they
           might
           be
           heard
           .
           It
           was
           demanded
           of
           them
           by
           the
           Court
           ,
           whether
           or
           no
           they
           would
           subscribe
           the
           Engagement
           ?
           they
           answered
           ,
           That
           they
           desired
           time
           to
           consider
           of
           it
           :
           and
           so
           withdrew
           .
        
         
           After
           they
           had
           withdrawn
           ,
           Mr.
           Love
           moved
           the
           Court
           that
           Mr.
           Hales
           ,
           another
           of
           his
           councell
           ,
           might
           be
           sent
           for
           .
        
         
           —
           
             Vpon
             the
             coming
             in
             of
             Mr.
          
           Hales
           ,
           
             the
             Lord
             President
             said
          
           .
        
         
           
             L.P.
             
          
           
             You
             come
             at
             councell
             for
             M.
             Love
             ,
             the
             Gentlemen
             that
             were
             here
             ,
             are
             brought
             into
             an
             incapacity
             of
             doing
             him
             service
             that
             way
             ;
             we
             asked
             them
             whether
             they
             have
             ingaged
             :
             we
             doubt
             not
             you
             ,
             but
             tell
             you
             the
             reason
             why
             we
             did
             it
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             My
             Lord
             ,
             I
             have
             done
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Therefore
             you
             are
             assigned
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             I
             had
             very
             late
             notice
             of
             this
             businesse
             ,
             it
             was
             Saturday
             night
             late
             before
             I
             had
             notice
             of
             it
             ,
             and
             the
             next
             day
             was
             not
             a
             day
             to
             think
             of
             those
             things
             .
             Yesterday
             was
             Munday
             ,
             and
             the
             most
             part
             of
             that
             day
             I
             spent
             in
             looking
             over
             those
             things
             that
             had
             been
             (
             I
             think
             )
             presented
             to
             your
             Lordship
             and
             the
             Court
             ;
             we
             did
             not
             know
             what
             command
             your
             lordship
             would
             put
             upon
             us
             ,
             whether
             you
             would
             admit
             us
             to
             speak
             ,
             and
             to
             what
             you
             would
             admit
             us
             to
             speak
             ,
             and
             when
             you
             would
             admit
             us
             to
             speak
             .
             ●t
             is
             impossible
             (
             my
             lord
             )
             I
             must
             deal
             plainly
             ,
             I
             professe
             it
             is
             impossible
             for
             me
             ,
             in
             a
             businesse
             of
             this
             great
             consequence
             ,
             to
             undertake
             to
             speak
             any
             thing
             for
             the
             present
             ,
             till
             such
             time
             as
             I
             know
             your
             lordships
             directions
             ,
             and
             this
             was
             that
             we
             acquainted
             this
             Gentleman
             with
             assoon
             as
             ever
             I
             saw
             him
             ,
             and
             the
             first
             time
             that
             ever
             I
             saw
             him
             ,
             which
             was
             but
             this
             day
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             think
             that
             Mr.
             Hales
             hath
             put
             somewhat
             under
             his
             hand
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             We
             have
             done
             so
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Nay
             you
             must
             stand
             single
             ,
             the
             other
             two
             are
             set
             aside
             ,
             it
             must
             be
             you
             only
             ,
             I
             suppose
             
               Mr.
               Hales
            
             knowes
             what
             he
             is
             to
             speak
             to
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Truly
             we
             know
             what
             we
             are
             to
             speak
             to
             ,
             but
             to
             speak
             upon
             such
             a
             businesse
             on
             such
             a
             sudden
             ,
             when
             we
             did
             not
             know
             what
             directions
             the
             Court
             would
             give
             ,
             that
             I
             could
             not
             undertake
             ,
             and
             I
             think
             Master
             Attourney
             will
             not
             presse
             it
             upon
             us
             ,
             it
             were
             a
             hard
             case
             if
             he
             should
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Mr.
             Hales
             knowes
             as
             well
             as
             any
             man
             what
             is
             to
             be
             done
             in
             these
             cases
             ,
             none
             better
             then
             himselfe
             ,
             the
             Court
             useth
             not
             to
             assign
             councel
             to
             pick
             flawes
             ,
             but
             those
             that
             are
             just
             exceptions
             ,
             and
             the
             Court
             i●
             doubtfull
             too
             ,
             how
             they
             will
             allow
             councell
             to
             debate
             them
             ,
             and
             stand
             to
             the
             judgement
             of
             the
             Court.
             I
             suppose
             he
             comes
             to
             speak
             to
             that
             that
             the
             party
             hath
             alledged
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             It
             is
             true
             ,
             we
             do
             so
             :
             but
             Mr.
             Atturny
             General
             knowes
             likewise
             ,
             that
             when
             matters
             of
             law
             are
             assigned
             ,
             that
             there
             is
             some
             reasonable
             time
             ,
             we
             expect
             not
             long
             ,
             but
             some
             reasonable
             time
             it
             assigned
             also
             for
             the
             parties
             to
             prepare
             themselves
             ,
             for
             truly
             otherwise
             I
             should
             not
             do
             that
             duty
             I
             ow
             to
             the
             Court
             and
             my
             Client
             ,
             if
             I
             should
             speak
             
               ex
               improviso
            
             ,
             in
             such
             a
             manner
             as
             I
             have
             done
             ;
             for
             the
             first
             time
             I
             saw
             any
             thing
             of
             it
             ,
             was
             on
             Saturday
             night
             ,
             between
             eight
             and
             nine
             of
             the
             clock
             .
          
        
         
           
             L
             Pres
             .
          
           
             Though
             that
             was
             the
             first
             sight
             of
             this
             paper
             ,
             as
             it
             is
             now
             set
             down
             ,
             it
             was
             not
             the
             first
             notice
             you
             had
             to
             be
             of
             his
             councell
             ,
             but
             himselfe
             hath
             declared
             it
             here
             long
             agoe
             ,
             that
             the
             former
             paper
             was
             by
             your
             advice
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             No
             (
             my
             lord
             )
             if
             he
             did
             so
             ,
             I
             will
             plead
             not
             guilty
             .
          
        
         
           
             L.
             Pres
             .
          
           
             I
             will
             not
             say
             your
             name
             ,
             but
             when
             he
             gave
             us
             in
             his
             paper
             ,
             before
             this
             ,
             the
             last
             day
             ,
             you
             said
             it
             was
             the
             advice
             of
             your
             councel
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             Not
             
               Mr.
               Hales
            
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Then
             haply
             we
             shal
             ease
             you
             a
             great
             deal
             :
             that
             that
             is
             under
             your
             hand
             ,
             is
             very
             short
             ,
             and
             we
             shall
             ease
             you
             of
             some
             of
             that
             too
             ;
             and
             you
             know
             that
             upon
             all
             assignments
             in
             the
             Upper
             Bench
             and
             common
             Law
             ,
             when
             they
             first
             open
             it
             ,
             they
             show
             some
             causes
             upon
             which
             they
             wil
             argue
             it
             ,
             and
             when
             you
             have
             had
             time
             already
             ,
             now
             shew
             something
             that
             may
             be
             worthy
             of
             it
             ,
             and
             we
             will
             consider
             of
             it
             .
          
        
         
           
             Att
             Gen.
             
          
           
             Before
             he
             speak
             (
             my
             lord
             )
             I
             desire
             that
             he
             will
             give
             it
             under
             his
             hand
             positively
             ,
             not
             queries
             but
             positive
             ,
             that
             this
             in
             his
             judgement
             he
             thinks
             fit
             to
             be
             matter
             of
             Law
             ,
             and
             to
             be
             argued
             .
          
        
         
           
             M.
             Hales
             .
          
           
             My
             Lord
             ,
             we
             think
             that
             these
             things
             are
             such
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Then
             you
             must
             upon
             the
             first
             sight
             open
             it
             so
             far
             ,
             that
             it
             may
             be
             your
             judgement
             .
          
        
         
           
             At.
             Gen.
             
          
           
             But
             not
             suffer
             it
             to
             be
             debated
             unless
             you
             think
             it
             doubtfull
             .
          
        
         
           
             M.
             Hales
             .
          
           
             We
             are
             here
             assigned
             councell
             for
             him
             ,
             and
             if
             your
             Lordship
             will
             please
             to
             give
             us
             that
             
             time
             that
             may
             be
             convenient
             for
             us
             to
             doe
             our
             duty
             for
             him
             ,
             if
             not
             ,
             wee
             shall
             doe
             but
             your
             Lordship
             wrong
             ,
             and
             our
             Client
             wrong
             if
             we
             should
             speak
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             may
             have
             some
             convenient
             time
             ,
             but
             you
             must
             open
             it
             now
             ,
             that
             we
             may
             judge
             what
             time
             is
             proportionable
             ;
             if
             you
             will
             not
             open
             it
             ,
             that
             this
             is
             the
             point
             you
             will
             argue
             upon
             ,
             we
             can
             say
             nothing
             .
          
        
         
           
             M.
             Hales
             .
          
           
             Then
             the
             reading
             of
             that
             which
             we
             have
             exhibited
             to
             the
             Court
             ,
             will
             be
             as
             much
             as
             possibly
             I
             shall
             be
             able
             to
             do
             at
             this
             time
             ,
             for
             we
             have
             had
             no
             copy
             of
             the
             Charge
             .
          
        
         
           
             L
             Pres
             .
          
           
             Nor
             must
             have
             .
          
        
         
           
             M.
             Hales
             .
          
           
             And
             we
             have
             taken
             a
             copy
             at
             random
             ,
             according
             as
             it
             hath
             been
             offered
             to
             us
             by
             those
             that
             have
             taken
             notes
             ,
             and
             we
             have
             presented
             upon
             those
             Notes
             ,
             and
             we
             have
             applied
             our selves
             to
             M.
             Atturney
             for
             a
             copy
             of
             the
             Charge
             ,
             and
             he
             conceived
             that
             it
             was
             not
             fit
             for
             him
             to
             do
             it
             without
             direction
             of
             the
             Court
             ;
             but
             for
             a
             copy
             of
             the
             Charge
             when
             Exceptions
             are
             taken
             ,
             it
             is
             usuall
             to
             have
             it
             granted
             ;
             and
             for
             us
             to
             speak
             and
             spend
             your
             lordships
             time
             upon
             matters
             that
             are
             contained
             in
             a
             Charge
             ,
             whereof
             for
             my
             own
             part
             I
             never
             heard
             ,
             and
             which
             is
             usuall
             upon
             Excceptions
             offered
             to
             be
             granted
             ,
             it
             would
             be
             very
             —
          
        
         
           
             L.
             Pres
             .
          
           
             It
             is
             an
             excellent
             thing
             to
             speak
             to
             men
             of
             understanding
             ;
             did
             you
             ever
             know
             an
             Inditement
             in
             this
             nature
             ,
             a
             copy
             of
             it
             delivered
             upon
             the
             prisoners
             prayer
             ?
          
        
         
           
             M.
             Hales
             .
          
           
             Yea
             ,
             I
             have
             known
             it
             very
             often
             .
          
        
         
           
             L.
             Pres
             .
          
           
             He
             shall
             ,
             as
             his
             memory
             serves
             him
             ,
             speak
             to
             the
             substance
             ,
             but
             to
             have
             a
             copy
             of
             the
             Charge
             ,
             I
             take
             it
             ,
             you
             have
             not
             known
             .
          
        
         
           
             M.
             Hales
             .
          
           
             Thus
             far
             I
             have
             known
             it
             ,
             I
             have
             been
             commanded
             to
             be
             of
             counsell
             with
             persons
             that
             have
             been
             impeached
             of
             Treason
             by
             the
             Parliament
             ,
             I
             know
             that
             the
             Archbishop
             of
             Canterbury
             ,
             when
             hee
             was
             impeached
             of
             Treason
             ,
             had
             a
             copy
             of
             his
             Charge
             ,
             that
             I
             know
             he
             had
             ;
             I
             know
             this
             is
             the
             usuall
             course
             ,
             that
             if
             a
             person
             takes
             Exceptions
             to
             a
             matter
             contained
             in
             an
             Inditement
             ,
             though
             it
             is
             true
             ,
             he
             shall
             not
             have
             the
             copy
             of
             the
             whole
             Inditement
             ,
             yet
             he
             shall
             have
             a
             copy
             of
             so
             much
             whereupon
             his
             Exception
             growes
             ;
             that
             hath
             been
             done
             ,
             and
             will
             not
             be
             denied
             ;
             but
             for
             the
             other
             matter
             ,
             I
             know
             that
             in
             the
             Archbishop
             of
             Canterburies
             case
             there
             was
             a
             copy
             of
             the
             whole
             Charge
             granted
             ,
             and
             the
             like
             was
             done
             in
             the
             case
             of
             the
             Lord
             Strafford
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             shall
             give
             that
             answer
             a
             little
             more
             then
             I
             did
             ,
             Parliamentary
             proceedings
             are
             no
             rule
             for
             other
             Courts
             to
             walk
             by
             ;
             besides
             (
             my
             lord
             )
             you
             sit
             here
             upon
             a
             known
             published
             Law
             ,
             and
             the
             offence
             charged
             is
             against
             those
             Laws
             :
             I
             believe
             M.
             Hales
             well
             remembers
             ,
             that
             both
             my
             lord
             of
             Straff●rds
             case
             ,
             and
             the
             Archbishop
             of
             Canterburies
             case
             were
             both
             of
             them
             for
             many
             severall
             facts
             severall
             times
             a
             long
             time
             committed
             ,
             which
             severall
             facts
             being
             judged
             by
             Parliament
             ,
             were
             judged
             to
             be
             Treason
             not
             against
             any
             setled
             positive
             Law
             :
             And
             for
             Straffords
             case
             ,
             you
             know
             how
             the
             judgement
             ,
             at
             last
             was
             given
             by
             Act
             of
             Parliament
             ,
             King
             ,
             Lords
             and
             Commons
             .
             And
             for
             the
             Archbishop
             of
             Canterburies
             case
             ,
             you
             know
             what
             the
             severall
             complaints
             against
             him
             were
             ,
             many
             of
             them
             not
             Treason
             ,
             but
             so
             many
             of
             them
             together
             ,
             that
             in
             Parliament
             they
             thought
             fit
             to
             judge
             him
             guilty
             of
             Treason
             ;
             but
             those
             priviledges
             are
             not
             to
             be
             paralleld
             ,
             he
             knowes
             very
             well
             it
             was
             not
             against
             such
             ,
             and
             such
             ,
             and
             such
             a
             law
             ,
             to
             make
             those
             offences
             Treason
             .
             Having
             given
             thus
             much
             favour
             ,
             I
             may
             say
             ,
             to
             the
             Prisoner
             ,
             that
             he
             may
             by
             memory
             exhibit
             his
             Exceptions
             ,
             he
             hath
             done
             it
             ,
             if
             you
             judge
             that
             those
             Exceptions
             are
             worth
             the
             debating
             ,
             be
             worthy
             of
             it
             ,
             you
             may
             (
             as
             M.
             Hales
             saith
             )
             give
             directions
             for
             so
             much
             to
             be
             given
             him
             ,
             otherwise
             (
             for
             my
             part
             )
             I
             did
             never
             give
             it
             unto
             any
             ;
             but
             those
             that
             have
             been
             in
             my
             place
             before
             ,
             did
             never
             give
             it
             but
             by
             immediate
             Warrant
             from
             the
             King
             ,
             or
             the
             Parliament
             now
             ,
             but
             for
             so
             much
             as
             the
             Court
             thinks
             fit
             ,
             for
             so
             much
             as
             concerns
             the
             Exceptions
             .
          
        
         
           
             Sir
             
               Tho.
               Witherington
            
             .
          
           
             For
             that
             that
             M.
             Hales
             objects
             to
             the
             Inditement
             ,
             it
             stands
             with
             a
             great
             deal
             of
             justice
             ;
             for
             if
             a
             prisoner
             layes
             hold
             of
             part
             of
             an
             Inditement
             ,
             and
             say
             there
             is
             a
             mistake
             in
             it
             ,
             there
             is
             reason
             it
             should
             be
             so
             ,
             because
             the
             Court
             must
             judge
             it
             whether
             it
             be
             so
             or
             not
             ,
             therefore
             there
             is
             necessity
             of
             it
             that
             there
             should
             be
             a
             copy
             of
             so
             much
             ;
             but
             I
             think
             he
             never
             knew
             that
             all
             the
             Inditement
             was
             ,
             but
             that
             part
             ,
             and
             that
             is
             of
             necessity
             for
             the
             Court
             ,
             that
             they
             may
             see
             whether
             the
             Exceptions
             accord
             with
             the
             Inditement
             or
             no
             ;
             if
             there
             be
             any
             Exception
             to
             an
             Inditement
             ,
             if
             that
             Exception
             remains
             not
             as
             a
             doubt
             or
             question
             ,
             there
             shall
             be
             no
             copy
             of
             so
             much
             of
             the
             Inditement
             given
             :
             if
             he
             shall
             raise
             a
             doubt
             that
             there
             is
             any
             doubt
             in
             law
             ,
             or
             any
             question
             and
             variance
             between
             the
             Acts
             and
             the
             Charge
             ,
             if
             he
             shall
             raise
             any
             such
             doubt
             ,
             then
             I
             think
             according
             to
             the
             old
             law
             he
             may
             have
             that
             part
             of
             the
             Charge
             ;
             but
             we
             desire
             he
             may
             raise
             some
             doubt
             to
             the
             Court.
             
          
        
         
           
           
             M.
             Hales
             .
          
           
             My
             Lord
             ,
             we
             have
             raised
             the
             doubts
             ,
             and
             we
             are
             ready
             to
             deliver
             in
             those
             that
             we
             conceive
             to
             be
             Exceptions
             to
             the
             Charge
             ,
             if
             we
             be
             over-ruled
             in
             them
             ,
             we
             have
             no
             more
             to
             say
             ;
             but
             if
             your
             lordship
             upon
             the
             view
             of
             these
             things
             we
             have
             offered
             ,
             think
             them
             worthy
             to
             be
             spoken
             to
             before
             your
             Lordship
             ,
             then
             surely
             that
             is
             agreeable
             with
             that
             very
             rule
             which
             the
             Councell
             of
             the
             State
             is
             pleased
             to
             state
             ;
             that
             is
             ,
             that
             in
             case
             we
             alledge
             that
             which
             the
             Court
             shall
             thinke
             fit
             for
             us
             to
             debate
             before
             them
             ,
             that
             then
             we
             may
             have
             that
             whereby
             it
             may
             appear
             whether
             we
             debate
             upon
             that
             which
             is
             ,
             or
             is
             not
             .
          
        
         
           
             At.
             Gen.
             
          
           
             M
             Hales
             saith
             he
             hath
             given
             them
             in
             ,
             but
             I
             have
             seen
             none
             of
             them
             ,
             my
             lord
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Whether
             their
             memory
             be
             perfect
             or
             imperfect
             ,
             that
             we
             shall
             help
             you
             withall
             ,
             and
             then
             I
             will
             tell
             you
             what
             you
             were
             best
             do
             ,
             for
             time
             goes
             away
             :
             we
             will
             before
             you
             take
             it
             ,
             take
             the
             severall
             Statutes
             and
             the
             Charge
             ,
             and
             your
             Exceptions
             ,
             and
             compare
             them
             altogether
             before
             you
             ,
             and
             you
             shall
             except
             to
             every
             one
             as
             you
             go
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             desire
             the
             exceptions
             may
             stand
             as
             they
             are
             .
          
        
         
           
             L.
             Pres
             .
          
           
             I
             ,
             but
             hee
             shall
             see
             whether
             there
             be
             any
             materiall
             variance
             between
             the
             Notary
             and
             the
             Charge
             .
          
        
         
           
             At.
             Gen.
             
          
           
             That
             Notary
             was
             upon
             favour
             too
             ,
             
               Mr.
               Love
            
             will
             acknowledge
             it
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             do
             with
             all
             thankfulness
             acknowledge
             it
             ,
             my
             lord
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             desire
             it
             may
             be
             no
             president
             for
             after-times
             .
          
        
         
           
             The
             Clerk.
             
          
           
             If
             you
             please
             ,
             read
             your
             Exceptions
             .
          
        
         
           
             M.
             Hales
             .
          
           
             My
             lord
             ,
             we
             begin
             with
             the
             first
             ,
             and
             these
             are
             the
             Exceptions
             :
             We
             take
             it
             that
             Charge
             is
             grounded
             upon
             the
             Act
             of
             the
             17th
             .
             of
             July
             ,
             1649.
             and
             we
             take
             some
             Exceptions
             to
             that
             first
             part
             of
             the
             Charge
             ,
             that
             is
             ,
             concerning
             what
             offences
             shall
             be
             adjudged
             Treason
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Read
             your
             Exceptions
             ,
             and
             then
             you
             shall
             hear
             the
             Charge
             .
          
        
         
           
             M.
             Hales
             .
          
           
             Our
             Exceptions
             are
             these
             ;
             first
             ,
             that
             whereas
             the
             words
             of
             the
             Act
             are
             ,
             
               That
               if
               any
               person
               shall
               maliciously
               ,
               and
               advisedly
               plot
               ,
               contrive
               ,
               or
               indeavour
               to
               stir
               up
               ,
               or
               raise
               Forces
               against
               the
               present
               Government
               ,
               or
               for
               the
               subversion
               or
               alteration
               of
               it
               ,
            
             that
             the
             words
             maliciously
             or
             advisedly
             ,
             are
             left
             out
             of
             the
             Charge
             ,
             which
             we
             conceive
             are
             materiall
             words
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Read.
             
          
        
         
           
             M.
             
               Barnard
               the
               Clerk.
            
             
          
           
             
               That
               he
               the
               said
            
             Christopher
             Love
             ,
             
               as
               a
               false
               Traitor
               and
               Enemy
               to
               this
               Common-wealth
               ,
               and
               Free-State
               of
            
             England
             ,
             
               and
               out
               of
               a
               traiterous
               and
               wicked
               design
               to
               stir
               up
               a
               new
               and
               bloody
               war
               ,
               and
               to
               raise
               insurrections
               ,
               seditions
               ,
               and
               rebellions
               within
               this
               Nation
               ,
               did
               severall
               dayes
               and
               times
               ,
               in
               the
               several
               years
               of
               our
               Lord
               ,
            
             1648.
             1649.
             1650.
             1651.
             at
             London
             
               and
               in
               divers
               other
               places
               within
               this
               Commonwealth
               of
            
             England
             ,
             
               and
               else-where
               ,
               together
               with
            
             William
             Drake
             
               late
               of
            
             London
             Mercer
             ,
             Henry
             Jermin
             
               late
               of
            
             London
             Esquire
             ,
             Henry
             Piercy
             
               late
               of
            
             London
             Esquire
             ,
             Richard
             Graves
             
               late
               of
            
             London
             Esquire
             ,
             Edward
             Massy
             
               late
               of
            
             London
             
               Esq
            
             ;
             John
             Gibbon
             
               late
               of
            
             London
             Gentleman
             ,
             &c.
             
               and
               other
               their
               complices
               yet
               unknown
               ,
               did
               traiterously
               and
               maliciously
               combine
               and
               confederate
               themselves
               together
               ,
               and
               plot
               ,
               contrive
               ,
               and
               indeavour
               .
            
          
        
         
           
             At.
             Gen.
             
          
           
             What
             say
             you
             M.
             Hales
             ?
          
        
         
           
             M.
             Hales
             .
          
           
             Now
             we
             find
             what
             the
             inconvenience
             is
             of
             coming
             to
             put
             in
             our
             Exceptions
             ,
             when
             we
             have
             not
             a
             cleer
             copy
             of
             the
             Charge
             ,
             and
             that
             was
             the
             cause
             why
             we
             did
             subjoyn
             this
             ,
             that
             in
             case
             any
             mistake
             arise
             by
             mistake
             of
             the
             copies
             ,
             that
             we
             may
             amend
             :
             it
             it
             is
             true
             ,
             we
             find
             maliciously
             is
             in
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Traiterously
             will
             be
             enough
             .
          
        
         
           
             M.
             Hales
             .
          
           
             I
             think
             not
             ,
             that
             is
             ove●
             ;
             for
             if
             it
             be
             maliciously
             alledged
             ,
             that
             is
             over
             .
             Then
             the
             next
             thing
             we
             except
             to
             ,
             is
             ,
             he
             traiterously
             combined
             ,
             confederated
             ,
             and
             complotted
             together
             ;
             it
             is
             true
             ,
             there
             is
             plot
             in
             it
             ,
             but
             there
             wants
             the
             words
             contrive
             and
             indeavour
             ,
             but
             that
             is
             not
             the
             principall
             matter
             wee
             stand
             upon
             .
          
        
         
           
             The
             Clerk.
             
          
           
             They
             are
             in
             .
          
        
         
           
             M.
             Hales
             .
          
           
             Then
             that
             is
             answered
             too
             .
             The
             next
             Exception
             that
             we
             take
             to
             the
             Charge
             is
             ,
             that
             the
             Act
             upon
             which
             this
             part
             of
             the
             Charge
             is
             grounded
             ,
             sayes
             ,
             that
             he
             must
             manifest
             it
             by
             an
             overt
             Act
             ,
             by
             an
             open
             deed
             ;
             now
             we
             say
             ,
             there
             is
             (
             as
             we
             conceive
             )
             nothing
             charged
             upon
             him
             in
             pursuance
             of
             this
             Act
             ,
             that
             is
             ,
             there
             is
             no
             overt
             ,
             or
             open
             deed
             laid
             in
             the
             Charge
             ,
             for
             the
             words
             of
             the
             Act
             are
             so
             ,
             
               that
               if
               any
               man
               shall
               maliciously
               plot
               ,
               contrive
               ,
               and
               endeovour
               to
               stir
               up
               ,
               or
               raise
               forces
               against
               the
               present
               Government
               ,
               and
               shall
               declare
               the
               same
               by
               open
               deed
               ,
               that
               then
               every
               such
               offence
               shall
               be
               Treason
               .
            
          
        
         
           
             At.
             Gen.
             
          
           
             If
             M.
             Hales
             hath
             read
             the
             copy
             of
             the
             Charge
             as
             it
             was
             taken
             ,
             I
             think
             he
             findes
             divers
             of
             them
             in
             the
             Charge
             of
             open
             acts
             .
          
        
         
           
             M.
             Hales
             .
          
           
             The
             business
             is
             not
             whether
             there
             be
             open
             deeds
             ,
             but
             whether
             they
             are
             applied
             to
             this
             Act
             ,
             or
             be
             Substantive
             Charges
             of
             themselves
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             would
             ask
             him
             ,
             whether
             that
             open
             act
             must
             be
             in
             the
             Inditement
             ,
             or
             in
             the
             Evidence
             ?
          
        
         
           
             M.
             Hales
             .
          
           
             In
             the
             Inditement
             ;
             it
             must
             be
             expresly
             laid
             in
             the
             Inditement
             ,
             or
             els
             it
             is
             no
             good
             inditement
             .
          
        
         
           
           
             At.
             Gen.
             
          
           
             But
             for
             that
             ,
             that
             we
             may
             not
             dispute
             upon
             those
             things
             ,
             my
             lord
             ,
             there
             are
             the
             severall
             Charges
             against
             the
             severall
             Acts
             ;
             there
             are
             severall
             open
             acts
             that
             are
             laid
             in
             the
             Inditement
             ,
             and
             (
             I
             think
             )
             if
             he
             look
             upon
             it
             ,
             he
             will
             find
             that
             they
             are
             laid
             to
             every
             one
             of
             them
             ,
             and
             relate
             and
             refer
             to
             every
             one
             of
             them
             .
          
        
         
           
             S.
             Tho.
             Wither
             
          
           
             There
             is
             writing
             of
             letters
             ,
             contributing
             of
             money
             ,
             and
             receiving
             of
             messages
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             That
             will
             appear
             by
             the
             subsequent
             parts
             of
             the
             Charge
             .
          
        
         
           
             L.
             Pres
             .
          
           
             The
             subsequent
             parts
             of
             the
             Charge
             will
             make
             that
             appear
             ,
             for
             if
             he
             did
             lend
             mony
             ,
             &c.
             if
             they
             be
             really
             there
             ,
             we
             shall
             hear
             it
             by
             and
             by
             .
          
        
         
           
             M.
             Hales
             .
          
           
             I
             take
             it
             ,
             that
             the
             law
             is
             very
             plain
             ,
             that
             the
             Act
             must
             be
             mentioned
             in
             the
             Indictment
             .
          
        
         
           
             At.
             Gen.
             
          
           
             But
             we
             will
             not
             debate
             that
             when
             we
             are
             expresse
             in
             the
             thing
             ,
             we
             are
             not
             so
             tyed
             to
             form
             ,
             as
             to
             pin
             them
             to
             every
             word
             of
             it
             .
          
        
         
           
             The
             Clerk.
             
          
           
             
               And
               further
               to
               carry
               on
               and
               accomplish
               the
               said
               wicked
               practice
               and
               design
               ;
               he
               the
               said
            
             Christopher
             Love
             ,
             
               divers
               dayes
               and
               times
               between
               the
            
             29th
             
               of
               March
            
             1650.
             
               and
               the
               first
               of
               June
               in
               the
               year
               of
               our
               Lord
            
             1651.
             at
             London
             
               and
               other
               places
               as
               aforesaid
               ,
               did
               traiterously
               and
               maliciously
               give
               ,
               hold
               ,
               use
               and
               maintain
               correspondency
               and
               intelligence
               by
               letters
               ,
               messages
               ,
               instructions
               ,
               and
               otherwise
               .
            
          
        
         
           
             L.
             Pres
             .
          
           
             These
             are
             open
             acts
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Then
             favour
             us
             in
             this
             ,
             we
             take
             it
             that
             between
             this
             ,
             and
             the
             first
             Charge
             ,
             there
             comes
             a
             particular
             charge
             ,
             that
             relates
             to
             
               Charles
               Stewart
            
             ,
             that
             is
             intervenient
             between
             the
             first
             charge
             ,
             and
             this
             that
             is
             now
             read
             ,
             or
             else
             we
             are
             mis-informed
             by
             the
             Prisoner
             ;
             and
             if
             there
             be
             so
             ,
             then
             we
             think
             our
             Exceptions
             will
             take
             place
             .
          
        
         
           
             S.
             Tho.
             Wither
             .
          
           
             It
             is
             all
             contained
             in
             one
             Indictment
             ,
             and
             then
             that
             that
             explains
             the
             overt
             act
             followes
             afterwards
             ,
             as
             a
             distinct
             thing
             in
             the
             Indictment
             ,
             and
             so
             it
             was
             in
             my
             Lord
             Cobhams
             case
             in
             that
             Indictment
             ,
             and
             in
             my
             Lord
             of
             Essex
             his
             case
             .
          
        
         
           
             L.
             Pres
             .
          
           
             He
             may
             make
             overtures
             .
          
        
         
           
             M.
             Hales
             .
          
           
             We
             confesse
             it
             ;
             but
             we
             supose
             it
             very
             certain
             ,
             that
             both
             as
             this
             Act
             is
             penn'd
             ,
             and
             as
             the
             Act
             of
             —
             is
             penn'd
             ,
             which
             are
             much
             at
             one
             ,
             as
             to
             the
             manner
             of
             penning
             them
             ,
             there
             is
             of
             necessity
             an
             overt
             act
             to
             be
             laid
             to
             make
             good
             that
             general
             Charge
             ;
             that
             ,
             we
             conceive
             ,
             will
             be
             plain
             ;
             and
             that
             is
             admitted
             and
             agreed
             by
             the
             Lord
             Cook
             in
             his
             collections
             of
             the
             Pleas
             of
             the
             Crown
             ,
             fol.
             12.13
             .
             where
             he
             saith
             ,
             the
             
               Indictment
               of
               the
               Earl
               of
               Somerset
               ,
               in
               the
               time
               of
            
             Edward
             the
             6th
             ,
             
               and
               all
               other
               of
               the
               like
               form
               ,
               were
               against
               Law
               ,
            
             because
             he
             said
             ,
             that
             he
             did
             not
             follow
             the
             words
             of
             the
             act
             ,
             and
             that
             he
             did
             it
             
               per
               apertum
               factum
            
             ,
             and
             shews
             not
             what
             that
             open
             deed
             was
             ;
             that
             was
             not
             a
             good
             indictment
             ,
             for
             the
             fact
             must
             be
             set
             forth
             in
             the
             indictment
             ;
             that
             must
             be
             done
             .
             Then
             the
             question
             is
             ,
             whether
             this
             be
             so
             done
             here
             or
             no
             ?
             we
             conceive
             by
             this
             Charge
             it
             is
             not
             so
             done
             here
             ,
             upon
             this
             ground
             ;
             we
             say
             ,
             there
             follows
             after
             this
             a
             particular
             charge
             concerning
             his
             promotion
             of
             
               Charles
               Stewart
            
             ;
             and
             then
             subsequent
             to
             that
             ,
             there
             follows
             this
             that
             the
             Court
             hath
             now
             read
             ;
             we
             say
             ,
             that
             in
             this
             case
             here
             is
             not
             a
             charge
             of
             an
             overt
             act
             ,
             neither
             by
             the
             one
             nor
             by
             the
             other
             ;
             there
             is
             not
             a
             charge
             by
             the
             former
             ,
             because
             that
             is
             a
             distinct
             treason
             made
             distinctly
             treasonable
             by
             another
             act
             ;
             and
             therfore
             that
             which
             is
             made
             a
             distinct
             charge
             of
             treason
             by
             another
             act
             ,
             shall
             not
             be
             an
             overt
             act
             within
             the
             former
             :
             That
             is
             one
             thing
             we
             say
             .
             And
             another
             thing
             we
             say
             is
             this
             ,
             that
             in
             this
             case
             ,
             the
             second
             ,
             that
             is
             that
             which
             the
             Court
             hath
             been
             pleased
             to
             direct
             to
             be
             read
             to
             us
             concerning
             his
             holding
             correspondence
             ,
             that
             shall
             not
             be
             an
             overt
             act
             relating
             to
             the
             first
             charge
             ;
             for
             it
             is
             an
             uncertain
             relation
             :
             for
             there
             be
             two
             designes
             mentioned
             before
             ,
             the
             one
             is
             a
             designe
             contained
             in
             the
             first
             charge
             ,
             the
             other
             a
             designe
             contained
             in
             the
             second
             charge
             ,
             for
             the
             promoting
             of
             
               Charles
               Stewart
            
             ;
             and
             we
             say
             ,
             the
             third
             shall
             not
             be
             coupled
             up
             to
             the
             former
             ,
             because
             it
             is
             a
             distinct
             Charge
             of
             Treason
             in
             it self
             ,
             and
             because
             it
             is
             uncertain
             to
             which
             it
             relates
             ;
             for
             it
             refers
             not
             more
             to
             the
             first
             Charge
             then
             to
             the
             second
             concerning
             the
             promoting
             of
             
               Charles
               Stewart
            
             ,
             that
             is
             called
             the
             Prince
             of
             Wales
             .
          
        
         
           
             L.
             Pres
             .
          
           
             For
             this
             ,
             I
             take
             it
             for
             the
             present
             ,
             that
             the
             Charge
             is
             founded
             upon
             four
             Statutes
             ,
             if
             he
             lay
             the
             offence
             against
             the
             first
             ,
             second
             ,
             third
             ,
             and
             fourth
             ,
             and
             he
             shall
             come
             and
             conclude
             it
             without
             relation
             to
             any
             particular
             of
             these
             Treasons
             ,
             he
             did
             thus
             and
             thus
             by
             letters
             and
             correspondencies
             ,
             that
             will
             relate
             to
             them
             every
             one
             ,
             though
             it
             come
             but
             in
             the
             conclusion
             ;
             and
             though
             the
             Statutes
             be
             various
             ,
             yet
             the
             indictment
             is
             but
             one
             ,
             and
             he
             may
             put
             in
             this
             of
             the
             overtures
             in
             one
             place
             sufficiently
             ,
             to
             be
             a
             sufficient
             overture
             to
             every
             one
             ;
             and
             therefore
             though
             to
             one
             of
             them
             there
             should
             be
             no
             overture
             in
             it
             at
             all
             ,
             but
             
               valet
               ut
               valere
               potest
            
             ,
             it
             will
             hang
             upon
             so
             much
             ,
             as
             it
             will
             bear
             an
             overt
             act
             ,
             and
             then
             you
             will
             not
             deny
             but
             that
             those
             words
             are
             overtures
             .
          
        
         
           
           
             M.
             Hales
             .
          
           
             It
             is
             true
             ,
             they
             are
             so
             ,
             but
             yet
             still
             we
             conceive
             this
             third
             ,
             which
             we
             call
             the
             third
             Charge
             ,
             that
             is
             concerning
             holding
             correspondence
             ,
             the
             third
             or
             fourth
             ,
             I
             cannot
             tell
             which
             it
             is
             ,
             but
             it
             is
             one
             of
             them
             ;
             we
             say
             ,
             that
             that
             is
             not
             an
             overt
             Act
             applied
             to
             the
             first
             Charge
             :
             when
             we
             come
             to
             the
             substance
             of
             that
             Charge
             as
             it
             stands
             by
             it self
             ,
             then
             our
             Exceptions
             will
             rise
             upon
             it
             ,
             as
             it
             stands
             singly
             by
             it self
             ;
             but
             we
             conceive
             that
             shall
             not
             be
             a
             supplementall
             Charge
             to
             make
             good
             that
             first
             Charge
             ,
             that
             is
             concerning
             endeavouring
             to
             subvert
             the
             State
             as
             it
             stands
             established
             ,
             it
             shall
             not
             be
             used
             as
             an
             overt
             Act
             to
             make
             good
             the
             first
             Charge
             ;
             when
             we
             come
             to
             that
             particular
             Charge
             ,
             that
             is
             concerning
             the
             maintaining
             of
             correspondence
             ,
             whether
             it
             be
             a
             good
             Substantive
             Charge
             of
             it self
             ,
             then
             we
             shall
             offer
             our
             Exceptions
             to
             that
             ;
             but
             in
             the
             mean
             while
             we
             are
             but
             upon
             debate
             of
             the
             first
             ,
             whether
             the
             first
             containeth
             such
             a
             Charge
             ,
             as
             by
             the
             Act
             of
             the
             17th
             .
             of
             July
             ,
             1649.
             is
             required
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             we
             are
             heard
             before
             you
             concerning
             it
             ,
             Mr.
             Hales
             will
             find
             that
             after
             all
             these
             lawes
             are
             repeated
             ,
             and
             after
             all
             his
             offences
             against
             those
             laws
             are
             repeated
             ,
             it
             is
             concluded
             that
             all
             are
             against
             the
             severall
             Acts
             of
             Parliament
             ,
             in
             such
             cases
             made
             and
             provided
             ;
             if
             Mr.
             Hales
             wil
             single
             them
             ,
             ●he
             impeachment
             doth
             not
             ,
             but
             relates
             to
             all
             of
             them
             ;
             and
             ,
             I
             think
             ,
             that
             in
             this
             way
             of
             impeachment
             we
             are
             not
             tyed
             to
             those
             very
             nice
             and
             strict
             formal
             rules
             upon
             Indictments
             ,
             but
             if
             substance
             doth
             appear
             ,
             it
             doth
             appear
             to
             you
             ,
             my
             Lord
             ,
             that
             in
             substance
             the
             Acts
             are
             pursued
             ,
             and
             that
             upon
             the
             whole
             impeachments
             there
             are
             ,
             even
             this
             that
             is
             required
             ,
             the
             expression
             of
             an
             open
             deed
             ,
             an
             ove●t
             Act
             ,
             those
             are
             laid
             ,
             and
             it
             will
             be
             acknowledged
             by
             Mr.
             Hales
             ,
             that
             they
             are
             in
             themselves
             sufficient
             ,
             being
             thus
             exprest
             and
             concluded
             ,
             that
             those
             severall
             practices
             and
             designs
             ,
             and
             Treasons
             ,
             are
             against
             the
             form
             of
             the
             severall
             Statutes
             ,
             in
             that
             case
             made
             and
             provided
             ,
             not
             in
             relation
             to
             the
             17.
             of
             July
             ,
             nor
             the
             2d
             of
             August
             ,
             but
             to
             all
             of
             them
             ;
             and
             I
             beleeve
             that
             all
             of
             these
             facts
             ,
             all
             of
             this
             Treason
             ,
             all
             of
             this
             Design
             ,
             whether
             with
             the
             Scotch
             nation
             ,
             or
             members
             of
             the
             Scotch
             nation
             ,
             or
             those
             adhering
             to
             the
             Scots
             nation
             ,
             had
             all
             but
             one
             foundation
             ,
             the
             subversion
             of
             this
             present
             Government
             ,
             that
             was
             the
             foundation
             and
             Treason
             of
             the
             whole
             ,
             that
             was
             it
             that
             was
             intended
             ;
             for
             to
             bring
             one
             in
             ,
             and
             not
             to
             cast
             out
             the
             other
             ,
             would
             have
             done
             no
             good
             ;
             but
             upon
             the
             whole
             ,
             that
             was
             the
             Treason
             ;
             and
             upon
             all
             these
             circumstances
             and
             open
             deeds
             ,
             and
             designs
             ,
             the
             sum
             ,
             though
             it
             be
             a
             Treason
             to
             hold
             correspondence
             ,
             though
             it
             be
             a
             Treason
             to
             promote
             
               Charles
               Stewart
            
             ,
             though
             it
             be
             a
             Treason
             to
             do
             other
             things
             ,
             yet
             the
             Treason
             is
             in
             this
             ,
             the
             Scots
             Nation
             to
             come
             in
             with
             intent
             to
             subvert
             the
             Government
             ,
             
               Charles
               Stewart
            
             to
             be
             made
             King
             to
             subvert
             the
             Government
             :
             so
             that
             the
             grand
             work
             ,
             at
             heart
             ,
             at
             root
             ,
             was
             the
             subversion
             of
             the
             present
             Government
             ;
             and
             as
             for
             that
             ,
             I
             wish
             heartily
             for
             Mr.
             Love's
             sake
             ,
             there
             were
             not
             so
             many
             open
             deeds
             exprest
             by
             him
             .
          
        
         
           
             S.
             Tho.
             Wither
             .
          
           
             Mr.
             Hales
             speaks
             of
             the
             Charge
             ,
             the
             words
             are
             these
             ;
             
               And
               further
               to
               carry
               on
               and
               accomplish
               the
               said
               traiterous
               and
               wicked
               Practice
               and
               Design
               ,
               he
               ,
               the
               said
            
             Christopher
             Love
             (
             now
             this
             I
             take
             to
             be
             the
             overt
             Act
             )
             
               divers
               dayes
               and
               times
               between
               the
            
             29.
             
               of
               March
            
             1650
             ,
             
               and
               the
               first
               of
               June
            
             1651
             at
             London
             
               and
               divers
               other
               places
               ;
               as
               aforesaid
               ,
               did
               Traiterously
               and
               Maliciously
               ,
               use
               ,
               and
               hold
               correspondence
               and
               intelligence
               by
               letters
            
             (
             those
             are
             open
             acts
             )
             
               Messages
               ,
               Instructions
               and
               otherwise
               ,
               to
               the
               prejudice
               of
               the
               Commonwealth
            
             ;
             and
             these
             are
             laid
             within
             the
             time
             ,
             and
             not
             a
             distinct
             Charge
             ,
             as
             Mr.
             Hales
             would
             infer
             :
             but
             they
             do
             directly
             set
             forth
             an
             overt
             act
             done
             by
             Mr.
             Love.
             
          
        
         
           
             Mr.
             Hales
             .
          
           
             Is
             it
             your
             Lordships
             pleasure
             I
             should
             reply
             any
             thing
             ,
             because
             I
             come
             utterly
             unprovided
             for
             it
             ,
             I
             must
             professe
             .
          
        
         
           
             At.
             Gen.
             
          
           
             We
             may
             give
             him
             this
             ,
             and
             one
             or
             two
             more
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Go
             on
             Master
             Hales
             ,
             if
             you
             have
             that
             that
             is
             materiall
             for
             another
             reply
             ,
             do
             ;
             but
             take
             this
             ,
             Master
             Hales
             ,
             I
             take
             it
             very
             strong
             both
             in
             Grammer
             and
             Logick
             too
             ,
             as
             well
             as
             in
             Law
             ,
             that
             when
             all
             the
             whole
             charge
             is
             radically
             and
             fundamentaly
             but
             one
             Treason
             ,
             though
             there
             be
             many
             branches
             of
             it
             ,
             the
             Charge
             hath
             knit
             them
             altogether
             ,
             and
             made
             but
             one
             act
             of
             so
             many
             complicated
             Treasons
             as
             here
             are
             ,
             and
             when
             he
             comes
             to
             the
             latter
             end
             ,
             if
             some
             of
             them
             were
             
               De
               facto
            
             ,
             not
             by
             an
             overt
             deed
             published
             ,
             yet
             if
             he
             come
             and
             prove
             that
             it
             was
             so
             done
             by
             the
             proofs
             ,
             that
             there
             was
             correspondence
             ,
             and
             these
             things
             
               De
               facto
            
             done
             ,
             and
             that
             charge
             
               De
               facto
            
             done
             ,
             you
             cannot
             break
             it
             there
             ,
             to
             say
             that
             this
             fact
             did
             not
             reach
             to
             all
             ;
             for
             if
             there
             be
             any
             one
             ,
             it
             is
             sufficient
             ;
             but
             here
             it
             is
             to
             all
             ,
             even
             to
             that
             one
             that
             you
             speak
             of
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             I
             shall
             read
             a
             word
             to
             Mr.
             
               Hales
               ,
               Al
               which
               Treasons
               and
               Traiterous
               and
               Wicked
               practises
               and
               designs
               of
               him
               ,
               the
               said
            
             Christopher
             Love
             ,
             
               were
               ,
               and
               are
               to
               the
               apparent
               hazard
               of
               the
               publick
               peace
               of
               this
               Commonwealth
               and
               Free
               State
               ,
               Parliament
               and
               people
               of
            
             England
             (
             Mr.
             Hales
             findeth
             not
             these
             in
             any
             Indictment
             )
             
               and
               to
               the
               manifest
               breach
               ,
               contempt
               ,
               and
               violation
               of
               the
               lawes
               of
               this
               land
               ,
               and
               
               contrary
               to
               the
               form
               of
               divers
               Statutes
               and
               Acts
               of
               Parliament
               in
               such
               case
               made
               and
               provided
               ,
            
             in
             generall
             ,
             my
             Lord.
             
          
        
         
           
             M.
             Hale
             .
          
           
             We
             conceive
             ,
             under
             favour
             ,
             and
             we
             think
             that
             it
             cannot
             be
             denyed
             ,
             that
             such
             a
             conclusion
             will
             not
             serve
             the
             turn
             .
          
        
         
           
             At.
             Gen.
             
          
           
             No
             ,
             not
             in
             an
             Indictment
             .
          
        
         
           
             Mr.
             Hale
             .
          
           
             If
             there
             be
             a
             substantial
             part
             of
             the
             Charge
             omitted
             ,
             that
             ought
             to
             be
             alledged
             in
             fact
             ,
             it
             is
             not
             the
             conclusion
             ,
             
               that
               contrary
               to
               the
               form
               of
               the
               Statutes
               in
               this
               case
               made
               and
               provided
               ,
            
             will
             help
             it
             .
             My
             Lord
             ,
             (
             I
             come
             unprovided
             )
             the
             case
             of
             my
             Lord
             Dyer
             ,
             that
             known
             case
             upon
             an
             Indictment
             for
             Recusancy
             ,
             or
             for
             a
             wilfull
             or
             knowing
             harbouring
             of
             a
             Jesuite
             ,
             or
             Priest
             :
             Saith
             my
             Lord
             
               Dyer
               ,
               It
               is
               not
               enough
               to
               say
               ,
               he
               did
               harbour
               him
               contrary
               to
               the
               form
               of
               the
               Statute
               ,
               ▪
               but
               hee
               must
               say
               ,
               he
               did
               it
               knowingly
               :
               he
               must
               alledge
               and
               pursue
               the
               substantiall
               words
               of
               the
               Act
               of
               Parliament
               .
            
             And
             so
             again
             ,
             an
             Indictment
             for
             absenting
             from
             Church
             ;
             it
             is
             not
             enough
             to
             say
             ,
             he
             did
             it
             
               contrary
               to
               the
               form
               of
               the
               Statute
               :
            
             but
             that
             he
             did
             it
             obstinately
             .
             Therefore
             that
             generall
             conclusion
             ,
             that
             this
             was
             
               to
               the
               hazard
               of
               the
               Commonwealth
            
             (
             it
             is
             true
             ,
             it
             is
             an
             ill
             thing
             for
             any
             man
             to
             do
             such
             a
             thing
             that
             is
             to
             the
             hazard
             of
             the
             Commonwealth
             )
             but
             those
             words
             serve
             not
             the
             Statute
             neither
             :
             and
             then
             to
             say
             at
             the
             conclusion
             ,
             
               Contrary
               to
               the
               form
               of
               divers
               Statutes
               ,
            
             that
             will
             not
             help
             it
             ,
             under
             favour
             ,
             in
             case
             of
             an
             Indictment
             .
             Then
             Mr.
             Atturney
             makes
             a
             difference
             between
             the
             case
             of
             an
             Indictment
             ,
             and
             this
             Charge
             .
             I
             conceive
             that
             in
             this
             case
             there
             is
             no
             difference
             ;
             the
             matter
             is
             the
             same
             ,
             the
             one
             concerns
             the
             life
             of
             a
             person
             ,
             and
             so
             doth
             the
             other
             ;
             the
             offence
             is
             the
             same
             ,
             the
             one
             is
             a
             charge
             of
             high
             Treason
             ,
             and
             so
             is
             the
             other
             .
             It
             is
             true
             ,
             those
             formalities
             that
             concern
             the
             manner
             of
             the
             Triall
             ,
             those
             (
             it
             is
             true
             )
             are
             laid
             by
             ,
             because
             here
             is
             no
             Jury
             to
             come
             before
             your
             Lordship
             ;
             but
             your
             Lordship
             tryeth
             upon
             the
             hearing
             of
             the
             testimony
             ,
             and
             according
             to
             things
             alledged
             and
             proved
             :
             But
             for
             other
             matters
             that
             especially
             are
             substantially
             required
             by
             the
             Act
             of
             Parliament
             ,
             wee
             conceive
             that
             those
             shall
             be
             supplyed
             no
             more
             by
             an
             intendment
             in
             case
             of
             a
             Charge
             before
             your
             Lordship
             ,
             then
             in
             case
             of
             an
             Indictment
             for
             Treason
             :
             To
             this
             I
             shall
             say
             no
             more
             ,
             but
             leave
             a
             word
             or
             two
             to
             your
             Lordships
             judgment
             .
             For
             the
             other
             thing
             (
             we
             are
             still
             but
             upon
             the
             first
             Charge
             ,
             the
             first
             Article
             )
             it
             hath
             first
             of
             all
             been
             insisted
             upon
             ,
             that
             an
             overt
             act
             is
             not
             necessary
             to
             be
             alledged
             ,
             because
             supplyed
             by
             the
             words
             of
             the
             conclusion
             ,
             
               Contrary
               to
               the
               form
               of
               the
               Statute
               :
            
             To
             that
             I
             have
             answered
             ,
             I
             conceive
             ,
             it
             is
             not
             ,
             nor
             can
             it
             be
             supplyed
             ,
             because
             it
             is
             a
             substantiall
             thing
             in
             the
             very
             words
             and
             bowels
             of
             the
             Act
             ,
             and
             cannot
             be
             supplyed
             by
             a
             generall
             conclusion
             .
             Then
             it
             hath
             been
             said
             by
             Sir
             
               Thomas
               Withrington
            
             the
             States
             Serjeant
             ,
             that
             in
             this
             case
             those
             subsequent
             matters
             and
             charges
             shall
             be
             an
             overt
             act
             within
             the
             Statute
             ;
             that
             is
             that
             which
             hee
             hath
             read
             to
             you
             ;
             It
             is
             in
             the
             fourth
             Article
             (
             as
             I
             take
             it
             )
             That
             Christopher
             Love
             ,
             
               divers
               times
               between
               the
            
             29
             
               of
               March
            
             1650.
             
               and
               the
               first
               of
               June
            
             1651.
             
               did
               traiterously
               and
               malicously
               hold
               and
               use
               correspondence
               and
               intelligence
               by
               letters
               and
               messages
               .
            
             But
             that
             cannot
             be
             ;
             I
             may
             say
             it
             ,
             that
             is
             not
             a
             sufficient
             manifestation
             of
             an
             overt
             Act
             ,
             because
             there
             do
             precede
             it
             these
             particular
             Charges
             of
             Treason
             within
             particular
             Acts
             of
             Parliament
             ;
             why
             then
             ,
             if
             so
             be
             (
             to
             maintain
             his
             designe
             ,
             for
             the
             carrying
             on
             of
             his
             designe
             aforesaid
             )
             this
             should
             be
             said
             to
             relate
             to
             the
             first
             designe
             ,
             why
             not
             to
             the
             second
             designe
             ,
             of
             promoting
             
               Charls
               Stewart
            
             to
             be
             King
             ?
             And
             why
             not
             to
             the
             third
             designe
             ?
             So
             that
             where
             there
             are
             three
             severall
             designes
             before
             ,
             all
             made
             Treason
             by
             the
             Acts
             of
             Parliament
             ,
             that
             cannot
             be
             an
             overt
             act
             to
             make
             good
             the
             first
             part
             of
             the
             Charge
             ,
             with
             submission
             to
             your
             Lordships
             judgment
             .
             And
             then
             another
             thing
             wee
             say
             ,
             That
             this
             Charge
             which
             Sir
             Thomas
             would
             carry
             up
             to
             the
             first
             Charge
             ,
             and
             make
             it
             as
             an
             inforcing
             and
             overt
             act
             within
             the
             first
             Charge
             ,
             that
             cannot
             be
             ,
             for
             this
             other
             reason
             ;
             because
             it
             is
             charged
             as
             a
             traiterous
             distinct
             act
             in
             him
             .
             Now
             we
             have
             this
             learning
             delivered
             by
             Sir
             
               Edward
               Cook
            
             in
             his
             Comment
             upon
             this
             ,
             in
             the
             25
             yeer
             of
             
               Edward
               the
               third
            
             :
             That
             is
             ,
             where
             there
             are
             severall
             acts
             made
             Treason
             ;
             the
             one
             is
             an
             act
             for
             leavying
             of
             warr
             :
             Now
             there
             the
             case
             was
             Treason
             against
             the
             person
             of
             the
             King
             ,
             Queen
             ,
             Prince
             ,
             &c.
             that
             one
             part
             shall
             not
             be
             an
             overt
             act
             in
             case
             of
             Indictment
             ,
             shall
             not
             be
             construed
             as
             an
             overt
             act
             for
             the
             making
             good
             of
             another
             part
             ;
             because
             where
             all
             are
             made
             equally
             traiterous
             ,
             and
             all
             are
             charged
             as
             equally
             traiterous
             ,
             wee
             think
             ,
             with
             submission
             ,
             those
             parts
             shall
             not
             be
             made
             an
             overt
             act
             to
             another
             Treason
             .
             So
             when
             here
             is
             a
             Treason
             made
             by
             the
             Act
             of
             the
             17
             of
             July
             ,
             and
             another
             by
             a
             subsequent
             Act
             ,
             that
             which
             is
             charged
             as
             a
             Treason
             in
             the
             subsequent
             Act
             ,
             shall
             not
             be
             said
             to
             be
             an
             overt
             act
             for
             the
             making
             good
             of
             the
             former
             :
             if
             the
             former
             be
             not
             a
             Treason
             able
             to
             maintain
             and
             support
             it self
             ,
             this
             subsequent
             act
             shall
             not
             serve
             as
             a
             bolster
             to
             uphold
             it
             ,
             and
             to
             supply
             that
             which
             is
             laid
             as
             a
             distinct
             treason
             of
             it self
             .
             Now
             these
             are
             the
             three
             things
             we
             insist
             upon
             :
             First
             ,
             That
             an
             overt
             act
             is
             necessary
             to
             be
             laid
             .
             Secondly
             ,
             That
             it
             is
             not
             supplyed
             by
             the
             generall
             conclusion
             ,
             nor
             can
             it
             be
             .
             Next
             of
             all
             ,
             
             that
             this
             act
             that
             is
             here
             laid
             to
             be
             done
             ,
             traiterously
             to
             hold
             correspondence
             and
             intelligence
             ,
             it
             refers
             no
             more
             to
             the
             first
             designe
             ,
             then
             to
             the
             second
             or
             to
             the
             third
             designe
             ,
             which
             are
             charged
             as
             three
             distinct
             Treasons
             ;
             and
             this
             is
             charged
             as
             a
             distinct
             and
             positive
             Treason
             of
             it self
             ,
             and
             therefore
             shall
             not
             be
             carried
             over
             as
             a
             supplement
             to
             another
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             We
             granting
             that
             an
             overt
             act
             is
             necessary
             to
             be
             express'd
             ;
             grant
             it
             should
             be
             so
             ,
             but
             no
             more
             but
             in
             evidence
             :
             and
             then
             granting
             in
             the
             next
             place
             ,
             that
             the
             generall
             conclusion
             will
             not
             be
             sufficient
             to
             maintain
             it
             ,
             when
             it
             is
             requisite
             an
             open
             deed
             should
             be
             express'd
             .
             Then
             for
             the
             third
             ,
             I
             cannot
             be
             of
             his
             judgment
             in
             this
             way
             of
             impeachments
             ;
             but
             as
             we
             see
             one
             person
             may
             commit
             four
             or
             five
             treasons
             ,
             and
             one
             act
             may
             be
             an
             offence
             against
             four
             or
             five
             Acts
             of
             Parliament
             ;
             and
             this
             is
             the
             truth
             :
             for
             where
             the
             severall
             acts
             are
             repeated
             ,
             that
             (
             my
             Lord
             )
             are
             those
             lawes
             against
             which
             this
             treason
             ,
             and
             this
             treasonable
             practice
             and
             designe
             is
             laid
             to
             be
             ;
             then
             follows
             the
             severall
             enumerations
             of
             those
             practices
             ,
             designes
             ,
             and
             open
             acts
             of
             his
             now
             applyed
             by
             us
             .
             But
             Mr.
             Hales
             would
             take
             them
             and
             apply
             them
             to
             one
             singly
             ;
             But
             I
             observe
             to
             your
             Lordship
             ,
             that
             those
             open
             acts
             of
             his
             are
             offences
             by
             an
             open
             act
             against
             the
             severall
             Acts
             of
             Parliament
             ;
             but
             it
             serves
             his
             turn
             for
             his
             Client
             to
             apply
             them
             so
             :
             but
             I
             hope
             you
             will
             not
             apply
             them
             so
             ;
             but
             when
             they
             come
             between
             the
             offences
             ,
             and
             the
             overt
             acts
             follow
             it
             ,
             and
             the
             conclusion
             upon
             the
             whole
             ,
             that
             all
             those
             traiterous
             and
             wicked
             practices
             and
             designes
             are
             against
             the
             severall
             Acts
             of
             Parliament
             :
             And
             if
             there
             be
             an
             open
             act
             so
             express'd
             in
             the
             impeachment
             ,
             that
             in
             law
             is
             an
             open
             act
             ,
             suppose
             it
             should
             be
             required
             to
             be
             express'd
             ;
             if
             there
             be
             an
             open
             act
             ,
             then
             I
             hope
             you
             will
             be
             satisfied
             when
             it
             hath
             been
             well
             proved
             ;
             if
             it
             be
             express'd
             in
             the
             Indictment
             an
             open
             act
             ,
             that
             I
             hope
             will
             satisfie
             your
             judgments
             and
             consciences
             ;
             especially
             when
             open
             acts
             shall
             appear
             to
             you
             to
             be
             an
             offence
             against
             the
             Acts
             of
             Parliament
             .
             I
             shall
             leave
             this
             to
             your
             judgment
             ,
             and
             trouble
             you
             no
             further
             ;
             and
             you
             will
             finde
             in
             its
             place
             whether
             it
             be
             requisite
             or
             not
             .
          
        
         
           
             L.
             Pres
             .
          
           
             That
             that
             Mr.
             Hales
             said
             ,
             if
             it
             were
             a
             thing
             of
             absolute
             necessity
             in
             an
             Indictment
             ,
             then
             the
             conclusion
             will
             not
             help
             ;
             if
             the
             thing
             were
             of
             absolute
             necessity
             there
             charged
             ,
             and
             not
             charged
             
               contra
               formam
               Statutis
            
             ,
             will
             not
             do
             it
             :
             but
             if
             I
             understand
             it
             right
             ,
             it
             is
             fully
             laid
             in
             this
             Charge
             ,
             that
             he
             did
             by
             open
             and
             overt
             acts
             do
             the
             thing
             ;
             it
             is
             laid
             so
             ;
             the
             words
             of
             open
             act
             are
             not
             ,
             but
             the
             value
             ;
             that
             is
             ,
             that
             he
             did
             by
             writing
             ,
             by
             words
             ,
             by
             messages
             ,
             by
             money
             ;
             and
             these
             are
             really
             overt
             acts
             ,
             though
             hee
             did
             not
             call
             these
             overt
             acts
             ;
             these
             are
             laid
             fully
             in
             the
             Charge
             :
             and
             then
             ,
             if
             they
             be
             laid
             fully
             in
             the
             Charge
             ,
             and
             we
             satisfied
             in
             the
             full
             proof
             of
             that
             Charge
             ,
             that
             we
             have
             heard
             overt
             acts
             to
             maintain
             it
             ,
             then
             I
             think
             this
             cannot
             come
             within
             any
             of
             those
             cases
             ,
             that
             when
             an
             essentiall
             thing
             is
             left
             out
             of
             an
             Indictment
             ,
             there
             the
             conclusion
             will
             not
             help
             :
             this
             I
             conceive
             so
             far
             .
             Then
             the
             next
             ,
             What
             method
             or
             order
             this
             can
             be
             ,
             by
             setting
             down
             the
             Statutes
             ,
             and
             then
             withall
             these
             overt
             acts
             of
             letters
             ,
             of
             messages
             ,
             of
             money
             ,
             will
             reach
             to
             every
             one
             of
             the
             qualities
             ,
             that
             these
             Treasons
             are
             manifested
             by
             this
             act
             ;
             but
             if
             it
             were
             a
             treason
             of
             such
             a
             nature
             ,
             that
             none
             of
             these
             could
             reach
             to
             the
             manifestation
             of
             it
             ,
             then
             you
             say
             well
             ;
             but
             when
             these
             words
             reach
             to
             the
             manifestation
             of
             every
             charge
             laid
             in
             the
             Charge
             ,
             then
             it
             is
             effectuall
             and
             reall
             ,
             and
             the
             conclusion
             is
             sufficient
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Before
             he
             goes
             to
             the
             next
             ,
             I
             shall
             crave
             your
             direction
             in
             it
             ;
             for
             I
             professe
             ,
             my
             Lord
             ,
             to
             you
             ,
             that
             I
             in
             drawing
             the
             Impeachments
             ,
             take
             not
             my self
             to
             be
             so
             strictly
             tyed
             to
             the
             forms
             of
             Indictments
             in
             letters
             and
             syllables
             ;
             and
             the
             forms
             I
             have
             taken
             and
             do
             take
             ,
             are
             those
             that
             have
             pass'd
             heretofore
             ,
             and
             I
             follow
             them
             ;
             and
             till
             I
             receive
             your
             direction
             to
             the
             contrary
             ,
             I
             take
             not
             my self
             bound
             but
             to
             expresse
             the
             substance
             of
             that
             which
             is
             laid
             to
             his
             charge
             ,
             by
             which
             hee
             may
             know
             his
             Offence
             ,
             and
             give
             an
             answer
             :
             But
             to
             formes
             ,
             and
             quiddities
             ,
             and
             niceties
             ,
             I
             conceive
             I
             was
             not
             bound
             to
             that
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             I
             presse
             not
             forms
             ,
             nor
             quiddities
             ,
             nor
             niceties
             in
             this
             businesse
             .
             The
             next
             is
             ,
             concerning
             the
             charge
             of
             promoting
             the
             Prince
             of
             Wales
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             No
             ,
             there
             is
             no
             such
             thing
             in
             it
             ,
             your
             copy
             is
             amisse
             again
             ;
             read
             it
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Our
             Exception
             is
             this
             ,
             (
             wee
             have
             been
             but
             upon
             the
             first
             all
             this
             while
             ,
             I
             take
             it
             so
             )
             the
             next
             is
             ,
             That
             he
             did
             traiterously
             publish
             the
             son
             of
             the
             late
             King
             of
             England
             ,
             to
             be
             King
             of
             England
             (
             meaning
             this
             Commonwealth
             )
             without
             the
             consent
             of
             the
             people
             in
             Parliament
             first
             had
             or
             signified
             by
             ordinance
             to
             that
             purpose
             .
             I
             think
             wee
             shall
             not
             trouble
             your
             Lordship
             much
             with
             that
             ;
             for
             if
             that
             be
             as
             our
             copie
             is
             ;
             it
             is
             true
             ,
             it
             is
             not
             well
             laid
             ;
             but
             if
             it
             be
             never
             so
             well
             laid
             ,
             I
             conceive
             ,
             as
             I
             am
             informed
             ,
             there
             is
             nothing
             of
             that
             endeavoured
             to
             be
             proved
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             That
             we
             leave
             to
             the
             Court
             ,
             Mr.
             Hales
             .
          
        
         
           
           
             Mr.
             Hales
             .
          
           
             Then
             the
             next
             is
             ,
             that
             to
             accomplish
             the
             said
             traiterous
             and
             wicked
             designe
             ,
             
               Christopher
               Love
            
             did
             at
             severall
             dayes
             in
             the
             yeers
             aforesaid
             ,
             traiterously
             and
             wickedly
             advise
             the
             Scots
             .
             Our
             exception
             to
             that
             is
             this
             ,
             There
             is
             a
             treasonable
             assistance
             charged
             in
             some
             of
             the
             yeers
             that
             were
             before
             the
             making
             of
             the
             Act
             that
             did
             prohibit
             it
             .
          
        
         
           
             At.
             Gen.
             
          
           
             And
             afterwards
             too
             ,
             M.
             Hales
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             It
             layes
             it
             in
             some
             of
             the
             yeers
             before
             the
             making
             of
             the
             Act
             ,
             and
             that
             is
             sufficient
             to
             invalidate
             this
             Charge
             .
          
        
         
           
             The
             Clerk.
             
          
           
             
               And
               further
               to
               carry
               on
               and
               accomplish
               the
               said
               traiterous
               and
               wicked
               practice
               and
               designe
               ,
               he
               the
               said
            
             Christopher
             Love
             ,
             
               severall
               dayes
               and
               times
               in
               the
               respective
               yeers
               aforesaid
               ,
               at
            
             London
             
               and
               divers
               other
               places
               within
               this
               Commonwealth
               of
               England
               ,
               and
               elsewhere
               as
               aforesaid
               ,
               together
               with
               the
               said
            
             William
             Drake
             ,
             Henry
             Jermin
             ,
             
               and
               others
               their
               complices
               aforesaid
               ,
               did
               traiterously
               and
               maliciously
               invite
               ,
               aid
               ,
               and
               assist
               the
               Scots
               ,
               being
               forreigners
               and
               strangers
               ,
               to
               invade
               this
               Commonwealth
               of
               England
               ,
               and
               hath
               adhered
               to
               the
               forces
               raised
               by
               the
               enemies
               of
               the
               Parliament
               and
               Commonwealth
               aforesaid
               ,
               and
               Keepers
               of
               the
               Liberties
               of
               England
               as
               aforesaid
               .
            
          
        
         
           
             At.
             Gen.
             
          
           
             You
             will
             finde
             this
             in
             a
             Statute
             before
             this
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Not
             before
             the
             17
             of
             July
             1649.
             and
             then
             your
             Charge
             is
             repugnant
             ,
             you
             charge
             us
             for
             an
             offence
             which
             is
             precedent
             to
             the
             statute
             .
          
        
         
           
             At.
             Gen.
             
          
           
             For
             that
             ,
             you
             go
             and
             take
             them
             and
             pick
             them
             ;
             but
             we
             lay
             them
             all
             together
             :
             the●e
             were
             Treasons
             he
             committed
             in
             1648.
             and
             that
             which
             I
             pitch
             upon
             still
             is
             this
             (
             that
             Mr.
             Hales
             thought
             was
             waved
             )
             that
             this
             man
             did
             not
             promote
             the
             interest
             of
             
               Charles
               Stewart
            
             late
             King
             ,
             or
             that
             he
             had
             not
             endeavoured
             a
             subversion
             of
             this
             Government
             ;
             I
             lay
             that
             against
             this
             Act
             made
             in
             1648.
             then
             by
             consequence
             to
             maintain
             that
             ,
             he
             did
             it
             to
             promote
             his
             interest
             ,
             and
             to
             subvert
             the
             Government
             ;
             and
             there
             was
             a
             law
             in
             1648
             that
             did
             inhibit
             that
             ;
             there
             is
             a
             law
             inhibits
             the
             calling
             in
             of
             strangers
             ;
             and
             it
             follows
             by
             that
             ,
             that
             he
             who
             calls
             in
             strangers
             may
             promote
             the
             interest
             of
             
               Charles
               Stewart
            
             too
             ;
             and
             that
             foundation
             is
             to
             this
             purpose
             ,
             that
             he
             did
             promote
             him
             to
             have
             been
             King
             of
             England
             :
             and
             you
             know
             what
             he
             express'd
             to
             you
             ,
             what
             tenderness
             of
             conscience
             he
             had
             to
             take
             care
             that
             he
             might
             not
             go
             elsewhere
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             If
             it
             be
             so
             ,
             then
             we
             must
             desire
             ,
             That
             part
             of
             the
             charge
             may
             be
             read
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             have
             not
             charged
             them
             ,
             nor
             untill
             I
             receive
             command
             ,
             shall
             I
             vary
             from
             what
             I
             have
             received
             formerly
             ,
             that
             I
             shall
             charge
             this
             to
             be
             against
             this
             ,
             and
             that
             against
             that
             ;
             but
             I
             have
             laid
             down
             the
             Acts
             of
             Parliament
             that
             have
             made
             things
             Treason
             ,
             and
             the
             offences
             severally
             ,
             and
             upon
             the
             whole
             conclude
             that
             these
             are
             treasons
             against
             severall
             Acts
             of
             Parliament
             severally
             ;
             if
             one
             or
             all
             together
             serve
             turn
             ,
             I
             hold
             it
             well
             enough
             .
             If
             you
             put
             me
             to
             every
             one
             of
             them
             particularly
             ,
             I
             must
             have
             more
             time
             ,
             and
             better
             Clerks
             to
             draw
             the
             Inditements
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Stil
             the
             same
             objection
             meeteth
             (
             with
             submission
             to
             the
             Court
             and
             Mr.
             Atturney
             ,
             the
             same
             objection
             meets
             )
             with
             them
             ;
             we
             say
             then
             ,
             he
             will
             make
             this
             a
             kinde
             of
             an
             additionall
             Charge
             to
             the
             first
             ,
             or
             to
             the
             second
             ,
             or
             to
             both
             ;
             but
             we
             know
             not
             to
             which
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Yes
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             But
             we
             say
             that
             that
             is
             not
             sufficient
             ,
             upon
             these
             reasons
             ,
             because
             it
             is
             a
             charge
             of
             treason
             in
             it self
             ,
             and
             therfore
             shall
             not
             be
             made
             an
             additionall
             and
             supplementall
             charge
             to
             make
             out
             another
             .
             And
             then
             we
             say
             ,
             that
             this
             is
             uncertainly
             charged
             ,
             whether
             you
             will
             make
             it
             supplementall
             to
             the
             first
             charge
             of
             Treason
             ,
             that
             is
             ,
             the
             endeavouring
             of
             the
             subversion
             of
             the
             Commonwealth
             ;
             or
             to
             the
             second
             charge
             of
             Treason
             ,
             which
             is
             a
             distinct
             charge
             of
             treason
             ,
             of
             the
             promotion
             of
             the
             interest
             of
             
               Charles
               Stewart
            
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             cannot
             divide
             them
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Are
             not
             these
             as
             perfect
             as
             before
             ?
             doth
             not
             the
             subversion
             of
             this
             Commonwealth
             promote
             the
             interest
             of
             
               Charls
               Stewart
            
             ?
             and
             doth
             not
             the
             promotion
             of
             
               Charls
               Stewart
            
             subvert
             the
             interest
             of
             this
             Commonwealth
             ?
             If
             he
             hath
             laid
             it
             ,
             that
             he
             did
             both
             of
             these
             by
             assuming
             it
             ,
             by
             a
             double
             or
             multiplyed
             act
             ,
             and
             all
             these
             multiplyed
             acts
             are
             but
             one
             subversion
             ;
             if
             I
             subvert
             it
             by
             one
             ,
             or
             by
             20
             acts
             ,
             both
             of
             them
             are
             the
             same
             in
             nature
             ;
             for
             the
             subversion
             of
             the
             one
             ,
             is
             the
             bringing
             in
             of
             the
             other
             ;
             and
             the
             bringing
             in
             of
             the
             one
             is
             the
             subversion
             of
             the
             other
             ;
             and
             so
             they
             are
             relatives
             fully
             one
             to
             the
             other
             ,
             and
             there
             cannot
             be
             more
             express'd
             in
             the
             Charge
             then
             this
             :
             And
             notwithstanding
             all
             these
             acts
             ,
             though
             that
             act
             hath
             made
             the
             Treason
             ,
             cannot
             it
             be
             by
             another
             act
             ?
             you
             may
             prosecute
             by
             vertue
             of
             this
             subsequent
             act
             ,
             any
             thing
             that
             was
             understood
             to
             be
             generall
             treason
             by
             the
             law
             of
             the
             Land.
             
          
        
         
           
             Mr.
             Hales
             .
          
           
             My
             Lord
             ,
             this
             is
             that
             we
             insist
             upon
             .
             It
             is
             true
             ,
             we
             do
             conceive
             ,
             though
             the
             promotion
             of
             the
             interest
             of
             
               Cha.
               Stewart
            
             is
             not
             consistent
             with
             the
             preservation
             of
             the
             interest
             of
             the
             Commonwealth
             ;
             yet
             every
             destruction
             of
             the
             interest
             of
             the
             Commonwealth
             is
             not
             therfore
             a
             promotion
             of
             the
             interest
             of
             
               Charles
               Stewart
            
             ;
             for
             then
             there
             could
             be
             no
             Treason
             against
             the
             Commonwealth
             ,
             but
             it
             must
             be
             a
             promotion
             of
             the
             others
             interest
             .
             Now
             there
             may
             be
             a
             Treason
             against
             the
             Commonwealth
             without
             the
             
             promotion
             of
             the
             others
             interest
             .
             I
             urge
             it
             to
             this
             purpose
             ,
             to
             make
             it
             appear
             ,
             that
             they
             are
             severall
             Charges
             bottomed
             upon
             severall
             Acts
             ,
             and
             therefore
             the
             reference
             here
             made
             to
             promote
             the
             designe
             aforesaid
             ,
             is
             uncertain
             to
             which
             it
             shall
             relate
             ;
             it
             may
             fall
             out
             the
             partie
             may
             be
             guilty
             upon
             the
             first
             Article
             ;
             it
             may
             fall
             out
             ,
             he
             is
             not
             guilty
             upon
             the
             second
             Article
             ,
             and
             then
             it
             is
             uncertain
             to
             which
             article
             it
             relates
             ,
             that
             hee
             is
             guilty
             of
             ,
             or
             not
             guilty
             of
             :
             and
             here
             may
             be
             the
             consequence
             of
             it
             ,
             then
             you
             will
             make
             a
             Treason
             ,
             which
             to
             this
             third
             clause
             is
             a
             Substantive
             ,
             and
             contained
             in
             it self
             ,
             to
             be
             an
             overt
             act
             to
             another
             charge
             of
             Treason
             ,
             and
             that
             you
             cannot
             do
             :
             you
             cannot
             make
             a
             Treason
             which
             is
             so
             charged
             ,
             to
             be
             an
             overt
             act
             ,
             or
             exposition
             ,
             or
             a
             declaration
             of
             that
             which
             is
             contained
             in
             the
             former
             ,
             like
             that
             case
             I
             instanced
             in
             before
             ,
             of
             the
             25
             of
             
               Edward
               the
            
             3d
             ,
             That
             no
             man
             shall
             go
             about
             to
             destroy
             the
             person
             of
             the
             King
             ,
             nor
             to
             raise
             war
             against
             his
             people
             :
             so
             that
             we
             use
             it
             not
             in
             any
             other
             reference
             ,
             but
             onely
             to
             explain
             and
             bring
             the
             reason
             of
             that
             ancient
             Law
             to
             this
             Law
             :
             In
             that
             case
             a
             man
             cannot
             charge
             the
             overt
             act
             of
             going
             about
             to
             destroy
             his
             person
             ,
             which
             is
             a
             distinct
             Treason
             of
             it self
             ,
             to
             be
             an
             overt
             act
             to
             the
             Charge
             of
             Levying
             war
             ,
             which
             is
             another
             distinct
             Treason
             :
             And
             if
             he
             alledg
             ,
             such
             a
             one
             did
             go
             about
             to
             destroy
             the
             Prince
             ,
             or
             the
             Consort
             of
             the
             King
             ,
             or
             the
             King
             ,
             and
             to
             make
             the
             levying
             of
             war
             to
             be
             an
             overt
             act
             to
             it
             ,
             this
             he
             cannot
             do
             ;
             because
             though
             it
             is
             true
             ,
             it
             might
             be
             an
             overt
             act
             to
             it
             ,
             yet
             notwithstanding
             ,
             it
             being
             made
             a
             distinct
             treason
             ,
             it
             cannot
             be
             an
             overt
             act
             to
             another
             treason
             :
             and
             so
             here
             ,
             this
             very
             assisting
             and
             inviting
             of
             forces
             is
             made
             a
             distinct
             treason
             ;
             and
             so
             if
             you
             take
             it
             substantively
             ,
             it
             is
             insufficiently
             laid
             ;
             and
             if
             relatively
             ,
             you
             may
             not
             do
             so
             ,
             because
             it
             is
             a
             treason
             of
             it self
             ,
             and
             shall
             not
             be
             brought
             in
             relation
             to
             another
             treason
             laid
             before
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             For
             that
             ,
             I
             hope
             Mr.
             Hales
             will
             leave
             me
             to
             that
             liberty
             I
             have
             ,
             that
             is
             ,
             that
             if
             one
             act
             be
             an
             offence
             against
             severall
             Acts
             ,
             I
             may
             aggravate
             it
             so
             ,
             as
             to
             make
             him
             know
             it
             is
             so
             ;
             and
             I
             take
             it
             for
             an
             aggravation
             of
             his
             offence
             ,
             when
             he
             hath
             offended
             against
             so
             many
             several
             Lawes
             ,
             which
             he
             hath
             done
             ;
             and
             that
             I
             may
             have
             liberty
             to
             say
             so
             ,
             though
             perhaps
             that
             subversion
             of
             this
             Government
             is
             not
             in
             every
             respect
             a
             promoting
             of
             the
             interest
             of
             
               Charls
               Stewart
            
             ;
             but
             the
             subversion
             of
             this
             Government
             ,
             as
             it
             is
             here
             laid
             in
             this
             inditement
             ,
             is
             a
             promotion
             of
             the
             interest
             of
             
               Charles
               Stewart
            
             :
             and
             so
             it
             is
             here
             .
             And
             I
             have
             done
             now
             with
             that
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Then
             
               (
               Mr.
               Hales
            
             )
             I
             will
             add
             a
             word
             ,
             because
             that
             you
             did
             put
             the
             case
             of
             a
             man
             destroying
             the
             person
             of
             a
             King
             ,
             and
             Levying
             of
             war
             ;
             if
             it
             be
             laid
             ,
             those
             very
             acts
             ,
             if
             they
             be
             laid
             as
             a
             continued
             ,
             or
             a
             medium
             ,
             or
             an
             enterprize
             ,
             that
             he
             had
             taken
             up
             a
             war
             to
             destroy
             the
             person
             of
             the
             King
             ;
             those
             words
             in
             one
             sense
             ,
             if
             it
             had
             been
             laid
             solitarily
             by
             it self
             ,
             and
             destroying
             the
             King
             in
             another
             ;
             but
             if
             he
             shewed
             that
             by
             levying
             of
             war
             he
             endeavoured
             it
             ,
             then
             the
             denomination
             is
             from
             the
             end
             in
             that
             place
             ;
             and
             though
             they
             be
             two
             treasons
             substantively
             ,
             yet
             when
             they
             are
             laid
             as
             one
             continued
             act
             ,
             they
             are
             but
             one
             :
             and
             so
             it
             is
             in
             this
             case
             ;
             all
             these
             ,
             though
             there
             are
             several
             statutes
             ,
             and
             several
             treasons
             ,
             these
             multiplyed
             acts
             make
             up
             but
             one
             compleat
             in
             the
             conclusion
             :
             if
             there
             want
             one
             of
             these
             ,
             if
             there
             be
             sufficient
             in
             the
             other
             ,
             it
             is
             treason
             enough
             ,
             and
             too
             much
             too
             (
             I
             would
             it
             were
             not
             so
             )
             if
             they
             be
             laid
             in
             subordination
             ,
             as
             all
             these
             are
             ,
             every
             one
             of
             them
             further
             to
             promote
             this
             ,
             and
             to
             promote
             that
             ;
             so
             they
             are
             laid
             in
             promotion
             of
             it
             to
             every
             one
             ;
             and
             then
             they
             are
             contiguous
             ,
             and
             depend
             one
             upon
             another
             ,
             and
             are
             substantive
             ,
             and
             so
             substantiall
             ,
             as
             that
             they
             may
             be
             relatives
             one
             to
             another
             ,
             and
             so
             are
             these
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             The
             next
             ,
             
               Mr.
               Hales
            
             .
          
        
         
           
             M.
             Hales
             .
          
           
             The
             next
             is
             the
             4
             Charge
             ;
             and
             that
             is
             ,
             concerning
             holding
             correspondence
             by
             letters
             &
             messages
             ,
             with
             
               Charls
               Stewart
            
             and
             the
             late
             Queen
             his
             mother
             ;
             we
             say
             ,
             that
             this
             part
             of
             the
             Charge
             is
             ill
             laid
             also
             ;
             it
             is
             laid
             in
             nature
             of
             a
             felony
             by
             the
             Act
             ,
             and
             laid
             to
             be
             done
             traiterously
             in
             the
             Charge
             ;
             and
             that
             is
             a
             substantial
             (
             not
             a
             meer
             formality
             ,
             but
             a
             substantial
             )
             mistake
             ;
             for
             if
             so
             be
             a
             woman
             be
             indited
             of
             petty
             treason
             because
             it
             is
             proditoria
             ,
             yet
             in
             truth
             it
             amounts
             but
             to
             felony
             ;
             now
             in
             case
             where
             she
             is
             an
             accessary
             to
             a
             felony
             ,
             the
             inditement
             is
             naught
             :
             if
             a
             man
             be
             accused
             that
             he
             did
             traiterously
             such
             an
             action
             ,
             which
             in
             it self
             amounts
             but
             to
             a
             felony
             ,
             that
             charge
             is
             naught
             ;
             and
             so
             it
             is
             here
             ,
             it
             is
             mislaid
             :
             for
             by
             the
             act
             of
             the
             26
             of
             March
             1650
             ,
             the
             matters
             therein
             charged
             are
             not
             made
             treason
             ,
             at
             most
             but
             capital
             ;
             but
             we
             think
             it
             only
             prohibited
             ,
             and
             then
             we
             say
             it
             is
             an
             uncertain
             charge
             :
             and
             so
             it
             is
             ,
             under
             favour
             ;
             for
             though
             the
             act
             saith
             ,
             No
             man
             shal
             hold
             correspondence
             by
             letters
             ,
             messages
             ,
             or
             otherwise
             ;
             yet
             when
             we
             come
             to
             inform
             upon
             it
             ,
             or
             to
             indite
             upon
             it
             ,
             it
             is
             not
             enough
             to
             say
             ,
             He
             held
             correspondence
             by
             letters
             ,
             messages
             ,
             or
             otherwise
             ;
             but
             if
             you
             will
             ground
             your
             deed
             upon
             that
             Act
             ,
             you
             must
             shew
             what
             that
             otherwise
             is
             ,
             and
             that
             is
             the
             exception
             to
             that
             part
             of
             the
             Charge
             .
          
        
         
           
             The
             Clerk.
             
          
           
             
               And
               further
               to
               carry
               on
               the
               said
               traiterous
               and
               wicked
               practice
               and
               designe
               ,
               he
               the
               said
            
             Christopher
             Love
             
               divers
               dayes
               and
               times
               ,
               between
               the
               the
            
             29
             
               of
               March
            
             ,
             1650.
             
               and
               the
               first
               of
               June
            
             1651
             ,
             at
             
             London
             
               and
               other
               places
               ,
               as
               aforesaid
               ,
               did
               Traiterously
               and
               Maliciously
               give
               ,
               hold
               ,
               use
               ,
               and
               maintain
               correspondence
               and
               intelligence
               by
               letters
               ,
               messages
               ,
               instructions
               and
               otherwise
               .
            
          
        
         
           
             Mr.
             Hales
             .
          
           
             
               Or
               otherwise
            
             was
             our
             notes
             ,
             then
             that
             is
             out
             of
             doors
             ,
             but
             our
             Exception
             is
             ,
             that
             it
             is
             alledged
             to
             be
             done
             Traiterously
             .
          
        
         
           
             L.
             Pres
             .
          
           
             And
             the
             Statute
             saith
             it
             shall
             be
             Treason
             .
          
        
         
           
             M.
             Hales
             .
          
           
             No
             it
             saith
             not
             so
             ,
             the
             Act
             layes
             it
             only
             in
             nature
             of
             a
             Felony
             ,
             and
             in
             the
             Charge
             it
             is
             laid
             to
             be
             done
             Traiterously
             ,
             and
             so
             the
             Charge
             is
             mislaid
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             confesse
             it
             is
             expresse
             so
             in
             the
             26.
             of
             March
             1650.
             and
             it
             is
             not
             said
             what
             the
             offence
             is
             ,
             but
             I
             conceive
             in
             the
             first
             place
             ,
             that
             by
             the
             law
             of
             England
             ,
             be
             that
             holds
             correspondence
             with
             a
             Traitor
             ,
             will
             go
             very
             near
             it
             ,
             my
             Lord
             ;
             and
             the●
             I
             humbly
             conceive
             ,
             that
             still
             he
             going
             upon
             the
             first
             Act
             ,
             it
             is
             laid
             to
             be
             with
             
               Charles
               Stewart
            
             ,
             and
             th●
             Queen
             and
             Councell
             with
             him
             (
             I
             think
             )
             it
             is
             a
             promoting
             of
             his
             interest
             ;
             he
             to
             hold
             a
             correspondence
             with
             him
             ,
             whom
             the
             Parliament
             hath
             said
             ,
             you
             shall
             in
             no
             case
             promote
             his
             interest
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             I
             must
             be
             bold
             still
             a
             little
             ,
             to
             crave
             Mr.
             Atturneys
             favour
             ,
             to
             reply
             upon
             him
             in
             this
             kind
             of
             way
             ,
             for
             I
             have
             not
             had
             time
             .
          
        
         
           
             At.
             Gen.
             
          
           
             You
             have
             had
             more
             time
             then
             I
             ,
             for
             I
             heard
             not
             of
             it
             till
             now
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             We
             say
             ,
             the
             Charge
             is
             not
             good
             because
             it
             is
             made
             Felony
             only
             by
             the
             Act
             ,
             and
             laid
             in
             the
             Charge
             to
             be
             done
             traiterously
             ;
             and
             then
             we
             say
             ,
             that
             Charge
             is
             uncertain
             to
             what
             designe
             it
             relates
             ;
             if
             it
             relates
             to
             the
             businesse
             concerning
             the
             promoting
             of
             Stewart's
             interest
             ,
             if
             it
             be
             so
             ,
             we
             conceive
             it
             is
             not
             proved
             ;
             for
             the
             proof
             I
             mention
             not
             ,
             but
             that
             is
             not
             insisted
             upon
             ,
             that
             
               Master
               Love
            
             did
             promote
             the
             interest
             of
             
               Charles
               Stewart
            
             ,
             contrary
             to
             the
             Act
             of
             Parliament
             ,
             that
             (
             I
             think
             )
             is
             not
             insisted
             upon
             ,
          
        
         
           
             Att.
             Gen.
             
          
           
             O
             yes
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             I
             conceive
             ,
             no.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             conceive
             very
             much
             otherwise
             ,
             
               Mr.
               Hales
            
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             I
             desire
             that
             Charge
             once
             more
             may
             be
             read
             concerning
             the
             promoting
             the
             interest
             of
             
               Charles
               Stewart
            
             .
          
        
         
           
             The
             Clerk.
             
          
           
             
               And
               the
               better
               to
               carry
               on
               and
               accomplish
               the
               said
               Traiterous
               and
               Wicked
               Practice
               and
               Design
               ,
               he
               the
               said
            
             Christopher
             Love
             ,
             
               with
               the
               said
            
             William
             Drake
             ,
             
               &c.
               (
               since
               the
               death
               of
            
             Charles
             Stewart
             ,
             
               late
               King
               of
            
             England
             ,
             
               who
               for
               his
               notorious
               Treasons
               ,
               and
               other
               Tyrannies
               and
               Murders
               by
               him
               committed
               ,
               in
               the
               late
               unnaturall
               and
               cruell
               warrs
               ,
               was
               by
               Authority
               derived
               from
               the
               Parliament
               ,
               justly
               condemned
               to
               death
               ,
               and
               executed
               )
               severall
               dayes
               and
               times
               ,
               in
               the
               respective
               years
               aforesaid
               ,
               at
            
             London
             
               aforesaid
               ,
               and
               sundry
               other
               places
               within
               this
               Commonwealth
               and
               since
               this
               Nation
               was
               setled
               in
               the
               way
               of
               a
               Commonwealth
               or
               a
               Free
               State
               ,
               as
               aforesaid
               ,
               did
               Traiterously
               declare
               ,
               publish
               ,
               and
               promote
            
             Charles
             Stewart
             ,
             
               eldest
               son
               to
               the
               late
               King
               ,
               to
               be
               King
               of
            
             England
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             We
             are
             informed
             ,
             that
             there
             is
             nothing
             of
             any
             particular
             act
             of
             his
             ,
             concerning
             that
             ;
             but
             we
             have
             nothing
             to
             do
             with
             the
             Fact
             ,
             but
             we
             conceive
             that
             no
             subsequent
             thing
             by
             way
             of
             construction
             or
             interpretation
             ,
             shall
             make
             a
             publishing
             and
             promoting
             in
             such
             a
             manner
             as
             this
             is
             ,
             it
             must
             be
             such
             a
             thing
             as
             expresly
             publisheth
             and
             promotes
             him
             to
             be
             the
             chief
             Magistrate
             of
             England
             ,
             according
             to
             the
             words
             of
             the
             Act
             ,
             and
             not
             by
             way
             of
             dilation
             ;
             we
             say
             ,
             this
             is
             not
             a
             thing
             to
             be
             applyed
             to
             serve
             the
             turne
             ,
             upon
             this
             reason
             ;
             we
             say
             ,
             that
             the
             holding
             of
             correspondence
             and
             intelligence
             with
             
               Charles
               Stewart
            
             ,
             eldest
             son
             to
             the
             late
             King
             ,
             it
             cannot
             be
             coupled
             on
             to
             the
             promotion
             of
             the
             interest
             of
             
               Charles
               Stewart
            
             to
             be
             King
             of
             England
             ,
             seeing
             that
             is
             but
             by
             way
             of
             interpretation
             to
             bring
             it
             within
             the
             first
             part
             of
             the
             Act.
             
          
        
         
           
             Att.
             Gen.
             
          
           
             For
             that
             I
             shall
             crave
             your
             direction
             .
          
        
         
           
             L.
             Pres
             .
          
           
             It
             is
             not
             interpretative
             ,
             but
             positive
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             I
             shall
             shall
             crave
             your
             pleasure
             ,
             whether
             I
             shall
             in
             my
             impeachments
             afterwards
             put
             in
             all
             my
             evidence
             ;
             what
             is
             charged
             ,
             and
             evidence
             proves
             ,
             that
             you
             will
             judge
             upon
             I
             hope
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             then
             the
             next
             part
             of
             the
             Charge
             ,
             and
             that
             is
             the
             fifth
             ,
             that
             he
             did
             hold
             correspondence
             with
             divers
             persons
             of
             the
             Scots
             nation
             ;
             our
             Exception
             to
             that
             is
             plain
             ,
             we
             conceive
             ,
             that
             part
             of
             it
             is
             not
             well
             laid
             neither
             ,
             it
             is
             not
             laid
             in
             pursuance
             of
             the
             Act
             of
             Parliament
             ,
             as
             our
             notes
             are
             ,
             this
             is
             that
             we
             say
             ,
             that
             it
             is
             not
             expresly
             alledged
             ,
             that
             they
             were
             persons
             residing
             in
             Scotland
             ,
             as
             our
             notes
             are
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Like
             enough
             so
             ,
             Sir.
             
          
        
         
           
             The
             Clerk.
             
          
           
             
               And
               further
               to
               carry
               on
               and
               accomplish
               the
               said
               Traiterous
               and
               Wicked
               Design
               ,
               he
               the
               said
            
             Christopher
             Love
             ,
             
               severall
               dayes
               and
               times
               in
               the
               respective
               years
               aforesaid
               ,
               at
            
             London
             
               aforesaid
               ,
               
               and
               divers
               other
               places
               within
               this
               Commonwealth
               of
            
             England
             
               and
               elsewhere
               ,
               as
               aforesaid
               ,
               did
               Traiterously
               and
               Maliciously
               hold
               and
               maintain
               ,
               correspondence
               and
               intelligence
               with
               divers
               persons
               of
               the
               Scots
               Nation
               ,
            
             viz.
             
               with
               the
               Earle
               of
            
             Argile
             ,
             Lowden
             ,
             Louthian
             ,
             Bayly
             ,
             Belcarris
             ,
             
               and
               divers
               other
               persons
               if
               the
               Scots
               ,
               and
               other
               Nations
               ,
               whom
               he
               well
               knew
               to
               adhere
               to
               the
               Scots
               Nation
               in
               this
               war
               against
               the
               Parliament
               and
               Commonwealth
               of
            
             England
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             This
             we
             conceive
             ,
             is
             not
             a
             good
             charge
             ,
             for
             the
             words
             of
             the
             Act
             of
             the
             2d
             of
             August
             1650
             ,
             upon
             which
             this
             is
             grounded
             ,
             are
             ,
             that
             no
             man
             shall
             hold
             correspondence
             with
             the
             Scots
             Nation
             residing
             in
             Scotland
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             You
             were
             best
             read
             further
             ,
             
               Mr.
               Hales
            
             .
          
        
         
           
             Then
             Mr.
          
           Hales
           
             read
             part
             of
             that
             Act
             ,
             beginning
             at
             these
             words
             ,
             [
             Be
             it
             Enacted
             ,
             Ordained
             ,
             and
             declared
             by
             this
             present
             Parliament
             ]
             and
             ending
             with
             these
             words
             ,
             [
             Without
             the
             allowance
             ,
             license
             ,
             &c.
             
          
        
         
           
             Mr.
             Hales
             .
          
           
             It
             is
             true
             ,
             there
             is
             no
             residing
             ;
             for
             that
             yet
             comes
             not
             home
             ,
             we
             conceive
             ,
             to
             part
             of
             the
             Charge
             ;
             there
             are
             two
             parts
             of
             the
             Charge
             ,
             the
             one
             ,
             
               That
               he
               did
               maintain
               correspondence
               with
               divers
               of
               the
               Scottish
               Nation
               ,
               and
               with
               divers
               other
               persons
               of
               divers
               other
               Nations
               ,
               whom
               he
               well
               knew
               to
               adhere
               to
               the
               Scots
               Nation
               in
               this
               warr
               against
               the
               Parliament
               .
            
             As
             to
             the
             first
             ,
             that
             is
             out
             of
             doors
             ;
             then
             here
             is
             no
             full
             charge
             of
             holding
             any
             correspondence
             with
             any
             of
             the
             Scots
             Nation
             ;
             for
             that
             part
             of
             the
             Charge
             rests
             upon
             this
             ,
             that
             it
             must
             be
             with
             holding
             of
             correspondence
             with
             any
             such
             persons
             as
             are
             residing
             in
             Scotland
             ,
             and
             with
             any
             other
             person
             residing
             there
             .
             Then
             as
             to
             the
             other
             part
             —
          
        
         
           
             L.
             Pres
             .
          
           
             It
             is
             a
             continued
             speech
             ,
             not
             with
             the
             Scots
             nor
             any
             other
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Then
             here
             is
             another
             thing
             in
             it
             ,
             that
             it
             is
             not
             averred
             that
             such
             correspondence
             and
             intelligence
             was
             held
             without
             the
             license
             of
             Parliament
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             You
             are
             mistaken
             in
             that
             ,
             your
             notes
             are
             not
             true
             .
          
        
         
           
             The
             Clerk.
             
          
           
             
               And
               he
               the
               said
            
             Christopher
             Love
             ,
             
               within
               the
               times
               ,
               and
               at
               the
               places
               before
               mentioned
               ,
               did
               Traiterously
               assist
               ,
               incourage
               ,
               without
               the
               speciall
               license
               of
               the
               Councell
               of
               State
               ,
               or
               Parliament
               ,
               or
               Captain
               Generall
               of
               the
               Parliaments
               Forces
               .
            
          
        
         
           
             M.
             Hales
             .
          
           
             We
             say
             then
             ,
             these
             are
             two
             distinct
             Charges
             ,
             and
             grounded
             upon
             two
             distinct
             parts
             of
             an
             Act
             ,
             but
             there
             is
             this
             more
             in
             it
             ,
             which
             we
             conceive
             is
             not
             to
             be
             answered
             ,
             with
             submission
             ,
             under
             favour
             ,
             it
             is
             said
             he
             did
             it
             within
             the
             times
             aforesaid
             ,
             the
             times
             that
             are
             aforesaid
             ,
             are
             between
             the
             29
             of
             March
             1650
             ,
             and
             June
             1651
             ;
             now
             this
             Act
             whereby
             this
             is
             made
             traiterous
             or
             Treasonable
             ,
             takes
             not
             place
             till
             the
             5.
             of
             Aug.
             1650
             ,
             so
             that
             it
             might
             be
             done
             within
             the
             times
             aforesaid
             ,
             that
             is
             ,
             between
             the
             29
             of
             March
             1650
             ,
             and
             June
             1651
             ,
             and
             yet
             not
             contrary
             to
             the
             Act
             of
             the
             2d
             of
             August
             ,
             which
             was
             1650
          
        
         
           
             S.
             Tho.
             Wither
             .
          
           
             We
             lay
             it
             within
             all
             the
             times
             aforesaid
             ,
             and
             ,
             I
             suppose
             ,
             the
             matter
             of
             the
             evidence
             hath
             told
             you
             the
             times
             ,
             which
             now
             we
             are
             not
             to
             dispute
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Whatsoever
             is
             done
             between
             the
             29
             of
             March
             1650
             ,
             and
             the
             2d
             of
             August
             1650
             ,
             is
             not
             done
             contrary
             to
             the
             Act
             of
             the
             2d
             of
             August
             1650
             ,
             upon
             which
             Act
             this
             Charge
             is
             grounded
             ;
             there
             is
             a
             time
             between
             them
             ,
             and
             between
             the
             time
             of
             exhibiting
             of
             these
             Articles
             :
             whatsoever
             is
             said
             to
             be
             done
             between
             the
             29
             of
             March
             1650
             ,
             and
             the
             exhibiting
             the
             Articles
             is
             not
             said
             to
             be
             done
             after
             the
             2d
             of
             Aug.
             1650
             ;
             for
             if
             it
             be
             done
             between
             the
             29
             of
             March
             and
             the
             2d
             of
             Aug.
             it
             is
             done
             within
             the
             time
             aforesaid
             ,
             that
             is
             ,
             between
             the
             29
             of
             March
             1650
             and
             June
             1651
             ,
             and
             yet
             not
             done
             contrary
             to
             the
             Act
             of
             the
             2d
             of
             August
             ,
             because
             done
             before
             the
             Act
             came
             forth
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Though
             
               Mr.
               Hales
            
             will
             not
             consent
             to
             it
             ,
             we
             will
             strike
             out
             the
             29.
             of
             March
             ,
             and
             then
             he
             will
             not
             deny
             but
             that
             is
             good
             enough
             ,
             with
             that
             striken
             out
             ,
             before
             the
             first
             of
             June
             1651.
             whether
             it
             be
             not
             good
             enough
             ,
             and
             no
             time
             laid
             before
             it
             ?
          
        
         
           
             Mr.
             Hales
             .
          
           
             No
             indeed
             ,
             it
             is
             not
             good
             enough
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Why
             not
             ?
             it
             is
             after
             the
             offence
             committed
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Because
             it
             may
             as
             well
             be
             before
             the
             Act
             as
             after
             the
             Act.
             
          
        
         
           
             At.
             Gen.
             
          
           
             If
             we
             lay
             it
             after
             the
             offence
             committed
             ,
             I
             suppose
             it
             is
             well
             enough
             ,
             and
             the
             wisest
             will
             think
             so
             ;
             lay
             it
             to
             be
             the
             first
             of
             June
             1651
             ;
             suppose
             it
             were
             in
             September
             before
             ,
             it
             is
             good
             enough
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             If
             you
             lay
             it
             upon
             the
             first
             of
             June
             ,
             it
             is
             a
             year
             ,
             before
             it
             is
             not
             good
             enough
             .
          
        
         
           
             Att
             Gen.
             
          
           
             That
             that
             Mr.
             Hales
             insists
             upon
             ,
             he
             may
             say
             it
             is
             before
             the
             first
             of
             June
             1651
             so
             long
             since
             ,
             but
             in
             a
             just
             and
             reasonable
             intendment
             ,
             when
             we
             insist
             upon
             that
             law
             that
             makes
             it
             Treason
             to
             hold
             it
             
             after
             such
             a
             time
             ,
             and
             we
             say
             that
             before
             the
             first
             of
             June
             1651.
             he
             did
             commit
             Treason
             in
             holding
             correspondence
             ,
             and
             sending
             provisions
             of
             war
             before
             that
             Law
             ,
             though
             it
             were
             before
             the
             second
             of
             August
             ,
             1650.
             that
             were
             not
             against
             that
             Law.
             
          
        
         
           
             M.
             Hales
             .
          
           
             Still
             we
             say
             ,
             that
             
               contrary
               to
               the
               form
               of
               the
               Statute
               ,
            
             or
             
               contrary
               to
               the
               forme
               of
               the
               Law
               ,
            
             which
             is
             but
             the
             conclusion
             ,
             shall
             not
             supply
             that
             which
             is
             materiall
             to
             be
             alledged
             :
             now
             when
             here
             is
             an
             Act
             laid
             to
             be
             done
             ,
             certainly
             it
             is
             materiall
             ,
             to
             alledge
             that
             it
             is
             done
             in
             such
             a
             time
             as
             may
             appeare
             to
             be
             after
             the
             time
             of
             the
             prohibition
             of
             it
             to
             be
             done
             ;
             the
             prohibition
             runs
             to
             the
             second
             of
             August
             ,
             1650.
             that
             no
             man
             after
             the
             fifth
             of
             that
             August
             shall
             doe
             such
             an
             act
             ;
             then
             it
             must
             be
             laid
             to
             be
             an
             act
             done
             after
             the
             fifth
             of
             that
             August
             ;
             but
             it
             is
             not
             laid
             so
             here
             ,
             but
             laid
             so
             as
             may
             be
             intended
             to
             bee
             done
             before
             the
             fifth
             of
             August
             ;
             for
             here
             is
             a
             time
             laid
             between
             the
             29.
             of
             March
             ,
             1650.
             and
             the
             time
             of
             the
             exhibiting
             the
             Articles
             which
             is
             in
             June
             ,
             1651.
             and
             that
             he
             did
             this
             within
             the
             time
             aforesaid
             ;
             now
             he
             that
             saith
             he
             did
             it
             the
             30.
             of
             March
             ,
             saith
             he
             did
             it
             within
             the
             time
             aforesaid
             ,
             and
             yet
             saith
             not
             that
             is
             within
             the
             Act.
             
          
        
         
           
             Sir
             
               Tho.
               Withrington
            
             .
          
           
             We
             have
             given
             an
             answer
             to
             that
             ,
             we
             have
             laid
             it
             within
             ,
             and
             without
             the
             time
             ,
             that
             it
             is
             within
             the
             time
             ,
             the
             witnesse
             doth
             prove
             it
             ,
             and
             M
             Hales
             speaks
             not
             to
             what
             we
             have
             proved
             ,
             and
             cannot
             speak
             to
             it
             .
          
        
         
           
             Mr.
             Hales
          
           
             The
             proof
             shall
             never
             supply
             the
             insufficiency
             of
             the
             Charge
             ;
             for
             we
             may
             as
             intirely
             offer
             you
             an
             Exception
             to
             this
             matter
             ,
             after
             you
             have
             heard
             the
             proof
             ,
             as
             before
             you
             have
             heard
             it
             ;
             for
             it
             stands
             now
             as
             upon
             the
             Charge
             singly
             ,
             so
             that
             it
             shall
             not
             be
             supplyed
             out
             of
             matter
             that
             appears
             in
             the
             proof
             ,
             but
             it
             must
             be
             considered
             whether
             the
             Charge
             can
             supply
             it self
             or
             not
             ;
             for
             that
             that
             is
             alledgable
             against
             the
             Charge
             before
             the
             proof
             made
             ,
             is
             alledgable
             as
             well
             afterwards
             ;
             if
             it
             were
             not
             good
             before
             the
             proof
             ,
             the
             proof
             shall
             not
             be
             supplementall
             to
             it
             ;
             for
             upon
             that
             reason
             ,
             if
             an
             Inditement
             did
             want
             time
             ,
             or
             certainty
             ,
             then
             after
             the
             party
             were
             heard
             upon
             his
             Defence
             ,
             it
             might
             be
             said
             when
             this
             Exception
             was
             taken
             to
             the
             Inditement
             ,
             all
             this
             might
             appear
             upon
             the
             Evidence
             ,
             but
             that
             will
             not
             supply
             the
             defect
             of
             the
             Indictment
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             am
             sure
             wee
             have
             laid
             it
             late
             enough
             ,
             the
             first
             of
             June
             ,
             1651.
             before
             that
             time
             ,
             and
             Mr.
             Hales
             his
             Exception
             is
             still
             upon
             that
             way
             of
             proceedings
             upon
             Indictments
             ;
             he
             must
             have
             that
             positive
             and
             strict
             certainty
             in
             it
             in
             each
             particular
             ,
             I
             must
             give
             it
             that
             answer
             still
             ,
             that
             if
             you
             do
             in
             these
             cases
             put
             me
             to
             it
             ,
             to
             express
             every
             particular
             circumstance
             of
             every
             particular
             fact
             ,
             and
             every
             particular
             time
             ,
             and
             that
             it
             must
             conduce
             in
             the
             conclusion
             of
             it
             ,
             I
             must
             make
             you
             Impeachments
             that
             will
             not
             be
             fit
             for
             you
             to
             read
             nor
             hear
             ;
             but
             under
             favour
             ,
             if
             that
             it
             contains
             in
             it
             in
             this
             way
             of
             Charge
             that
             convenient
             certainty
             ,
             that
             conveniency
             that
             may
             put
             the
             prisoner
             to
             the
             knowledge
             of
             it
             ,
             and
             to
             prove
             it
             ;
             for
             this
             relates
             not
             singly
             ,
             for
             if
             I
             should
             go
             that
             way
             M.
             Hales
             hath
             laboured
             to
             draw
             me
             ,
             that
             is
             to
             take
             every
             one
             of
             these
             severally
             ,
             and
             that
             I
             must
             make
             a
             distinct
             Charge
             upon
             one
             ,
             and
             upon
             the
             other
             ,
             and
             a
             distinct
             Evidence
             upon
             one
             ,
             and
             upon
             the
             others
             I
             conceive
             these
             run
             quite
             through
             all
             the
             laws
             every
             one
             of
             them
             ;
             had
             I
             confined
             this
             now
             between
             the
             5.
             of
             August
             1650.
             and
             June
             1651.
             then
             what
             had
             become
             of
             all
             the
             laws
             before
             that
             time
             ?
             therefore
             to
             make
             them
             relative
             to
             all
             ,
             I
             have
             express'd
             such
             a
             time
             as
             may
             relate
             to
             all
             ;
             for
             had
             I
             confined
             it
             singly
             upon
             this
             or
             that
             act
             ,
             whereas
             I
             humbly
             conceive
             ,
             that
             these
             acts
             and
             these
             offences
             of
             M.
             Love
             are
             relative
             to
             more
             than
             one
             Act
             of
             Parliament
             ,
             and
             go
             to
             severall
             acts
             ;
             and
             therefore
             I
             cannot
             confine
             my self
             to
             one
             act
             ,
             and
             say
             ,
             it
             was
             done
             at
             such
             a
             time
             ,
             and
             there
             limit
             it
             and
             let
             it
             die
             ;
             but
             my
             indeavour
             hath
             been
             ,
             and
             upon
             this
             particular
             we
             debated
             it
             ,
             when
             we
             did
             draw
             it
             ,
             we
             put
             it
             so
             ,
             that
             the
             severall
             acts
             may
             have
             the
             severall
             effects
             ,
             and
             M.
             Loves
             Treasons
             look
             upon
             every
             one
             of
             them
             ,
             and
             they
             upon
             every
             one
             of
             his
             Treasons
             ,
             and
             as
             his
             offences
             run
             through
             ,
             and
             against
             all
             the
             acts
             ,
             so
             must
             our
             laying
             it
             upon
             him
             run
             ,
             and
             the
             evidence
             also
             ;
             and
             though
             we
             took
             care
             to
             lay
             it
             back
             far
             enough
             ,
             that
             was
             to
             the
             first
             of
             June
             ,
             1651.
             and
             so
             laid
             it
             high
             enough
             to
             the
             other
             that
             it
             might
             reach
             the
             rest
             ,
             and
             in
             this
             way
             we
             are
             not
             tied
             so
             to
             express
             it
             in
             every
             particular
             ,
             as
             other
             Indictments
             run
             .
          
        
         
           
             M
             
               Hall
               Att.
               of
               the
               Dutchy
            
             .
          
           
             He
             would
             charge
             it
             upon
             the
             times
             between
             the
             29.
             of
             March
             ,
             and
             the
             1.
             of
             June
             ,
             that
             be
             not
             the
             times
             that
             we
             have
             exprest
             in
             this
             ,
             for
             it
             is
             that
             within
             the
             times
             aforesaid
             we
             have
             positively
             laid
             ,
             that
             it
             was
             in
             the
             year
             1651.
             for
             we
             have
             laid
             before
             that
             in
             the
             year
             1648
             ,
             1649
             ,
             1650
             ,
             1651.
             then
             in
             the
             times
             aforesaid
             ,
             we
             have
             positively
             laid
             ,
             that
             this
             fact
             was
             done
             in
             the
             yeare
             1651.
             which
             of
             necessity
             must
             bee
             since
             that
             Act
             concerning
             the
             Scots
             was
             made
             ,
             and
             that
             I
             conceive
             is
             an
             express
             positive
             time
             mentioned
             in
             the
             Charge
             ,
             and
             gives
             a
             full
             answer
             to
             that
             objection
             ;
             for
             it
             is
             not
             within
             such
             a
             time
             ,
             but
             in
             the
             year
             1651.
             
          
        
         
           
           
             M.
             Hales
             .
          
           
             That
             Charge
             is
             within
             the
             times
             aforesaid
             ,
             which
             is
             last
             mentioned
             ,
             between
             March
             1650.
             and
             1651.
             
          
        
         
           
             Mr.
             Hall.
             
          
           
             That
             we
             shall
             submit
             to
             the
             Court
             ,
             whether
             in
             the
             same
             times
             aforesaid
             ,
             shall
             not
             relate
             to
             all
             the
             times
             before-mentioned
             ,
             as
             well
             as
             the
             particular
             times
             he
             hath
             picked
             out
             ;
             for
             we
             mention
             that
             in
             the
             year
             1651.
             these
             things
             were
             done
             .
          
        
         
           
             At.
             Gen.
             
          
           
             For
             that
             I
             have
             given
             you
             that
             that
             is
             the
             generall
             answer
             ,
             if
             I
             be
             put
             to
             it
             ,
             whereas
             Mr.
             Love
             had
             transgressed
             against
             those
             severall
             Acts
             of
             Parliament
             ,
             we
             have
             put
             it
             so
             ,
             that
             we
             conceive
             his
             offences
             run
             through
             them
             all
             ,
             and
             so
             we
             have
             laid
             them
             ,
             and
             (
             I
             hope
             )
             we
             are
             not
             upon
             those
             Nicities
             ,
             that
             we
             must
             express
             the
             direct
             daies
             and
             times
             ,
             as
             Indictments
             run
             ,
             but
             here
             is
             enough
             to
             make
             him
             know
             his
             offences
             .
          
        
         
           
             L.
             Pres
             .
          
           
             I
             conceive
             it
             is
             much
             better
             as
             it
             is
             too
             ,
             and
             more
             obvious
             to
             every
             understanding
             ,
             and
             their
             interpretation
             ,
             then
             as
             you
             would
             have
             it
             ,
             a
             great
             deale
             ;
             for
             the
             necessities
             of
             the
             day
             it
             is
             not
             materiall
             ,
             that
             you
             will
             agree
             ,
             nor
             the
             week
             if
             they
             lay
             a
             time
             so
             many
             moneths
             before
             ,
             or
             after
             ,
             if
             the
             proof
             come
             and
             fall
             within
             the
             compass
             of
             the
             Charge
             ,
             as
             the
             proof
             is
             laid
             ,
             so
             is
             the
             fact
             ,
             the
             proof
             determines
             whether
             it
             were
             within
             the
             times
             without
             the
             Law
             ,
             or
             within
             the
             times
             aforesaid
             ;
             for
             it
             is
             not
             within
             that
             time
             ,
             and
             every
             of
             them
             ,
             but
             within
             the
             times
             generally
             laid
             ,
             all
             those
             acts
             were
             done
             ,
             and
             those
             must
             be
             laid
             in
             particular
             ,
             which
             was
             at
             one
             time
             ,
             and
             one
             at
             another
             ,
             which
             were
             two
             yeers
             a
             brewing
             ,
             and
             are
             by
             the
             proofs
             laid
             in
             generall
             ,
             that
             is
             best
             to
             say
             ,
             one
             fact
             was
             done
             at
             one
             time
             ,
             and
             another
             at
             another
             time
             ,
             and
             at
             such
             a
             time
             ,
             and
             not
             at
             such
             a
             time
             ,
             it
             can
             be
             no
             mans
             judgement
             to
             be
             so
             laid
             in
             an
             Indictment
             or
             Charge
             ,
             but
             they
             must
             be
             laid
             thus
             in
             generall
             ,
             and
             the
             Evidence
             must
             make
             it
             particular
             ,
             that
             it
             was
             within
             the
             times
             that
             are
             laid
             ,
             as
             when
             there
             are
             no
             times
             ,
             as
             from
             March
             to
             June
             and
             August
             ,
             and
             after
             if
             they
             be
             both
             laid
             ,
             if
             the
             fact
             be
             within
             such
             a
             time
             that
             is
             within
             the
             law
             ,
             all
             the
             other
             is
             out
             of
             doors
             .
          
        
         
           
             M.
             Hales
             .
          
           
             My
             Lord
             ,
             thus
             if
             it
             please
             your
             Lordship
             ,
             I
             think
             with
             submission
             to
             your
             Lordships
             judgment
             ,
             that
             in
             such
             a
             case
             it
             is
             not
             in
             the
             proof
             to
             make
             good
             a
             Charge
             ;
             if
             the
             Charge
             do
             not
             containe
             a
             sufficient
             certainty
             ,
             it
             is
             not
             in
             the
             proofe
             to
             make
             it
             good
             .
             My
             Lord
             ,
             I
             insist
             now
             upon
             the
             necessity
             of
             a
             day
             to
             be
             precisely
             laid
             ;
             I
             know
             (
             though
             it
             is
             true
             ,
             it
             hath
             been
             otherwise
             held
             in
             some
             cases
             )
             yet
             ,
             in
             a
             case
             of
             this
             nature
             ,
             the
             day
             is
             now
             materiall
             ,
             for
             now
             we
             are
             upon
             an
             Act
             of
             Parliament
             :
             As
             now
             ,
             if
             so
             be
             the
             Statute
             of
             the
             29th
             .
             of
             Elizabenh
             enacts
             that
             every
             man
             that
             shall
             knowingly
             entertain
             a
             Jesuite
             ,
             that
             that
             man
             shall
             be
             a
             Traytor
             ,
             shall
             stand
             guilty
             of
             Treason
             ;
             if
             so
             be
             a
             man
             would
             say
             in
             an
             Indictment
             that
             such
             a
             man
             between
             the
             28th
             .
             of
             November
             ,
             in
             the
             28th
             .
             year
             of
             the
             Queen
             ,
             and
             the
             28.
             of
             December
             in
             the
             29.
             year
             of
             the
             Queen
             ,
             did
             entertain
             such
             a
             Jesuite
             ,
             this
             Indictment
             would
             be
             naught
             ,
             not
             upon
             the
             uncertainty
             of
             the
             day
             ,
             but
             because
             it
             takes
             in
             a
             time
             which
             is
             not
             prohibited
             by
             the
             Statute
             ,
             the
             Inditement
             may
             be
             true
             that
             he
             did
             receive
             a
             Jesuit
             within
             that
             time
             ,
             and
             yet
             that
             he
             did
             not
             receive
             him
             contrary
             to
             the
             form
             of
             〈◊〉
             ●●atute
             ,
             and
             to
             say
             in
             the
             conclusion
             contrary
             to
             the
             form
             of
             the
             Statute
             will
             not
             help
             it
             ,
             for
             that
             is
             ou●
             objection
             ,
             that
             it
             is
             not
             done
             contrary
             to
             the
             form
             of
             the
             Statute
             ,
             because
             it
             takes
             in
             such
             a
             time
             ,
             as
             that
             it
             might
             be
             done
             before
             the
             Statute
             came
             forth
             ;
             we
             say
             ,
             that
             when
             there
             is
             a
             time
             laid
             between
             the
             29.
             of
             March
             1650
             ,
             and
             June
             ,
             1651.
             and
             that
             within
             that
             time
             he
             did
             do
             thus
             ,
             and
             thus
             ,
             that
             there
             is
             the
             fault
             ,
             it
             doth
             over-reach
             the
             time
             of
             the
             prohibition
             of
             the
             Statute
             ,
             for
             any
             thing
             appears
             to
             the
             Court
             ,
             the
             Court
             may
             finde
             the
             Inditement
             or
             Information
             true
             ,
             that
             he
             did
             it
             within
             this
             time
             ,
             that
             is
             ,
             between
             the
             29.
             of
             March
             1650.
             and
             June
             ,
             1651.
             and
             yet
             for
             all
             that
             ,
             the
             party
             not
             in
             fault
             to
             be
             impeached
             ,
             because
             he
             might
             not
             do
             it
             contrary
             to
             the
             Act
             ,
             for
             he
             might
             do
             it
             between
             the
             29.
             of
             March
             ,
             1650.
             and
             June
             ,
             1651.
             and
             yet
             do
             it
             before
             the
             Act
             came
             forth
             ,
             which
             was
             in
             August
             ,
             1650.
             
          
        
         
           
             M.
             Hall.
             
          
           
             My
             Lord
             ,
             I
             conceive
             M.
             Hales
             hath
             not
             answered
             that
             I
             alledged
             ;
             but
             now
             if
             there
             were
             no
             other
             times
             mentioned
             in
             all
             the
             Charge
             ,
             but
             onely
             between
             the
             29
             of
             March
             and
             June
             ,
             1651.
             then
             it
             were
             somewhat
             ;
             but
             when
             the
             times
             are
             express'd
             before
             ,
             though
             that
             it
             was
             in
             the
             year
             1651.
             and
             then
             we
             say
             in
             the
             times
             beforesaid
             ,
             I
             conceive
             that
             in
             the
             times
             aforesaid
             shall
             relate
             expresly
             to
             that
             time
             in
             the
             year
             ,
             1651.
             and
             then
             it
             must
             be
             within
             the
             Act.
             
          
        
         
           
             M.
             Hales
             .
          
           
             That
             cannot
             be
             ,
             that
             will
             make
             the
             Charge
             worse
             .
          
        
         
           
             L.
             Pres
             .
          
           
             That
             I
             conceive
             you
             are
             upon
             is
             this
             ,
             the
             very
             Letter
             of
             the
             Charge
             ;
             for
             you
             say
             at
             this
             time
             that
             is
             laid
             ,
             he
             could
             not
             be
             a
             Traytor
             ,
             and
             you
             joyn
             it
             with
             a
             time
             in
             which
             he
             might
             be
             a
             Traytor
             ;
             This
             (
             you
             say
             )
             they
             lay
             in
             the
             Inditement
             ,
             that
             he
             did
             in
             such
             a
             time
             of
             March
             ,
             and
             afterwards
             ,
             and
             at
             that
             time
             there
             was
             no
             law
             to
             prohibite
             it
             ,
             and
             so
             that
             could
             not
             be
             a
             crime
             against
             him
             ,
             and
             this
             ,
             
             you
             say
             ,
             no
             proof
             will
             help
             it
             ,
             I
             take
             it
             ,
             M.
             Hales
             ,
             this
             is
             the
             substance
             ;
             but
             if
             this
             be
             thus
             laid
             ,
             and
             the
             proof
             doth
             come
             in
             ,
             this
             is
             very
             essentiall
             in
             my
             judgement
             ,
             when
             upon
             the
             matter
             ,
             if
             this
             be
             as
             you
             see
             it
             appears
             upon
             the
             face
             of
             the
             thing
             ,
             that
             the
             proof
             must
             go
             to
             that
             time
             within
             the
             Law
             ,
             and
             therefore
             that
             will
             not
             vitiate
             at
             all
             such
             an
             Inditement
             ,
             if
             it
             were
             so
             as
             you
             say
             ;
             but
             I
             take
             it
             ,
             that
             this
             being
             complicated
             with
             more
             Lawes
             ,
             as
             I
             said
             before
             ,
             though
             he
             were
             not
             guilty
             upon
             this
             ,
             yet
             in
             the
             conclusion
             he
             is
             found
             guilty
             of
             that
             which
             is
             as
             to
             other
             offences
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             shall
             say
             but
             this
             ,
             wee
             all
             know
             that
             a
             time
             is
             express'd
             but
             for
             formality
             ,
             and
             that
             time
             that
             is
             express'd
             is
             not
             materall
             ,
             so
             it
             be
             laid
             far
             back
             enough
             ;
             but
             if
             I
             lay
             it
             in
             June
             ,
             and
             prove
             it
             in
             June
             twelve
             months
             ,
             it
             is
             time
             enough
             for
             this
             ,
             as
             your
             Lordship
             was
             saying
             :
             that
             which
             I
             do
             say
             ,
             is
             ,
             that
             I
             cannot
             confine
             not
             this
             very
             act
             that
             is
             supposed
             to
             be
             ,
             and
             yet
             not
             laid
             to
             be
             against
             that
             Act
             of
             the
             second
             of
             August
             1650.
             from
             this
             clause
             in
             expresse
             terms
             ,
             not
             singly
             :
             But
             that
             which
             I
             humbly
             insist
             upon
             is
             this
             ,
             that
             never
             a
             one
             of
             these
             offences
             singly
             transgresse
             one
             single
             Law
             ,
             but
             is
             an
             offence
             against
             severall
             Lawes
             .
             I
             conceive
             ,
             I
             had
             done
             my self
             and
             the
             Commonwealth
             wrong
             ,
             had
             I
             limited
             it
             to
             any
             one
             ;
             for
             his
             complying
             with
             the
             Scots
             ,
             and
             joyning
             with
             them
             ,
             and
             contributing
             with
             them
             ,
             and
             receiving
             intelligence
             ,
             it
             is
             more
             then
             against
             that
             single
             Act
             ;
             it
             is
             promotion
             of
             his
             interest
             ,
             and
             subversion
             of
             the
             Government
             ,
             and
             against
             every
             one
             of
             the
             laws
             :
             And
             therefore
             ,
             I
             conceive
             ,
             I
             had
             not
             done
             right
             to
             the
             place
             I
             am
             entrusted
             with
             ,
             if
             I
             should
             have
             laid
             it
             singly
             ;
             but
             he
             is
             indited
             ,
             that
             as
             a
             false
             traitor
             he
             hath
             done
             these
             things
             ;
             that
             is
             the
             preamble
             :
             and
             then
             wee
             ininstanced
             the
             particulars
             ,
             and
             give
             a
             time
             ,
             which
             time
             he
             will
             acknowledg
             is
             not
             positively
             necessary
             to
             be
             true
             ,
             that
             that
             time
             must
             be
             the
             day
             the
             fact
             was
             committed
             ,
             but
             if
             it
             be
             before
             ,
             it
             is
             enough
             :
             But
             he
             infers
             ,
             because
             this
             seems
             to
             be
             an
             offence
             within
             the
             Statute
             of
             the
             second
             of
             August
             1650.
             and
             is
             laid
             between
             the
             29
             of
             March
             1650
             ,
             and
             the
             first
             of
             June
             1651.
             and
             so
             whether
             this
             can
             relate
             to
             that
             Act
             ;
             and
             by
             evidence
             you
             know
             it
             is
             afterwards
             ;
             but
             this
             being
             an
             offence
             against
             severall
             Laws
             ,
             I
             cannot
             charge
             it
             to
             be
             against
             one
             Law
             :
             but
             the
             art
             is
             now
             ,
             as
             Mr.
             Love
             began
             ,
             to
             take
             it
             asunder
             ,
             and
             singly
             ,
             and
             then
             it
             is
             nothing
             ;
             and
             Mr.
             Hales
             takes
             it
             singly
             .
             It
             is
             not
             against
             this
             ,
             nor
             against
             this
             ;
             but
             it
             is
             against
             every
             one
             of
             them
             ,
             and
             not
             against
             this
             singly
             ,
             but
             against
             the
             rest
             of
             them
             .
          
        
         
           
             S.
             Tho.
             Wither
             .
          
           
             My
             Lord
             ,
             it
             cannot
             be
             contrary
             to
             the
             forme
             of
             the
             Statute
             ,
             unlesse
             it
             be
             done
             after
             the
             time
             ,
             so
             that
             the
             conclusion
             shews
             it
             was
             laid
             within
             the
             time
             ,
             but
             for
             that
             case
             ,
             as
             Mr.
             Hales
             instanced
             in
             ,
             he
             puts
             a
             case
             of
             one
             Act
             of
             Parliament
             ,
             we
             are
             now
             upon
             offences
             against
             severall
             Acts
             of
             Parliament
             ,
             in
             that
             case
             of
             retaining
             a
             Jesuite
             ,
             he
             is
             a
             Traitor
             by
             the
             Act
             of
             the
             29
             of
             Elizabeth
             ,
             so
             that
             if
             he
             laies
             it
             between
             the
             28
             of
             the
             Queen
             ,
             and
             the
             29.
             if
             the
             Jury
             find
             that
             hee
             did
             retaine
             him
             knowingly
             on
             the
             10.
             of
             May
             29.
             then
             it
             will
             not
             be
             denyed
             ,
             but
             that
             it
             is
             an
             offence
             against
             the
             Statute
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             But
             still
             we
             say
             the
             Inditement
             is
             naught
             in
             that
             case
             ,
             because
             it
             takes
             in
             a
             time
             which
             was
             before
             the
             Act
             came
             forth
             ,
             so
             that
             the
             party
             might
             do
             it
             within
             the
             time
             exprest
             in
             the
             inditement
             ,
             and
             yet
             not
             do
             it
             contrary
             to
             the
             Act
             ,
             and
             this
             is
             our
             case
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             you
             have
             heard
             us
             for
             that
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             The
             last
             thing
             is
             concerning
             contribution
             to
             
               Silas
               Titus
            
             ,
             and
             Sterks
             a
             Scotchman
             ;
             and
             to
             that
             we
             have
             the
             same
             Exception
             ,
             that
             that
             is
             not
             made
             Treason
             by
             any
             Act
             of
             Parliament
             ,
             and
             therefore
             it
             is
             mislaid
             to
             be
             done
             Traiterously
             ,
             for
             the
             Statute
             of
             the
             26
             of
             March
             1650
             ,
             only
             prohibits
             it
             ,
             and
             so
             makes
             it
             penalt
             ,
             but
             not
             Treason
             .
             But
             then
             we
             say
             againe
             ,
             it
             is
             laid
             very
             uncertainly
             too
             ;
             that
             is
             ,
             at
             the
             times
             before
             mentioned
             ;
             if
             Mr.
             Atturney
             of
             the
             Dutchie
             his
             constructions
             should
             stand
             ,
             that
             is
             ,
             that
             the
             times
             before
             mentioned
             refer
             to
             the
             time
             past
             ,
             then
             he
             may
             refer
             to
             a
             time
             before
             the
             Act.
             But
             we
             conceive
             the
             thing
             it selfe
             is
             not
             Treason
             by
             the
             Act
             ,
             but
             only
             prohibited
             ;
             and
             we
             conceive
             ,
             under
             favour
             still
             ,
             that
             by
             way
             of
             reduction
             to
             any
             of
             the
             former
             Charges
             ,
             this
             shall
             not
             be
             made
             as
             an
             instance
             or
             an
             overt
             act
             by
             way
             of
             reduction
             to
             any
             of
             the
             former
             Charges
             ,
             because
             it
             is
             charged
             particularly
             to
             be
             traiterously
             done
             ,
             because
             there
             are
             severall
             charges
             of
             Treason
             before
             ,
             and
             that
             which
             Mr.
             Atturny
             was
             pleased
             to
             observe
             upon
             another
             occasion
             ,
             that
             in
             this
             case
             the
             charge
             is
             against
             severall
             Acts
             of
             Parliament
             ,
             it
             is
             true
             ,
             but
             though
             it
             be
             against
             severall
             Acts
             of
             Parliament
             ,
             yet
             it
             must
             bind
             &
             pinch
             upon
             one
             ;
             for
             we
             say
             ,
             one
             Treason
             is
             not
             to
             be
             made
             an
             instance
             to
             another
             ,
             and
             so
             to
             be
             made
             accessary
             ,
             and
             depending
             ,
             and
             accidentall
             to
             another
             ,
             and
             then
             we
             say
             in
             this
             case
             ,
             that
             this
             being
             not
             a
             Treason
             in
             it selfe
             ,
             and
             being
             as
             uncertain
             to
             which
             of
             the
             former
             Treasons
             it
             is
             applyed
             ,
             it
             cannot
             be
             well
             laid
             ,
             nor
             well
             applyed
             ,
             that
             is
             ,
             to
             the
             last
             ,
             that
             he
             did
             voluntarily
             relieve
             
               Silas
               Titus
            
             ,
             it
             is
             not
             made
             Treason
             .
          
        
         
           
           
             Attur
             .
             Gen.
             
          
           
             It
             is
             against
             the
             Act
             of
             the
             2.
             of
             August
             ,
             1650.
             in
             express
             words
             :
             read
             the
             Impeachment
             .
          
        
         
           
             The
             Clerk.
             
          
           
             
               And
               further
               to
               carry
               on
               and
               accomplish
               the
               said
               trayterous
               and
               wicked
               practice
               and
               designe
               ,
               he
               the
               said
            
             Christopher
             Love
             
               within
               the
               times
               ,
               and
               at
               the
               places
               last
               aforesaid
               ,
               did
               trayterously
               and
               voluntarily
               relieve
               the
               said
            
             Silas
             Titus
             ,
             Edward
             Massie
             ,
             Col.
             Bamfield
             ,
             one
             Mason
             
               late
               of
            
             London
             
               Gentleman
               ,
               and
               one
            
             Sterks
             
               late
               of
            
             London
             
               Gentleman
               ,
               who
               then
               were
               ,
               and
               yet
               are
               under
               the
               power
               of
               the
               Scotch
               Nation
               in
               Arms
               against
               the
               Parliament
               and
               Common-wealth
               of
            
             England
             ,
             
               with
               monies
               and
               ammunition
               .
               Which
               Treasons
               and
               trayterous
               and
               wicked
               practises
               and
               designs
               of
               him
               the
               said
            
             Christopher
             Love
             ,
             
               were
               and
               are
               to
               the
               apparant
               hazard
               of
               the
               publike
               peace
               of
               the
               Common
               wealth
               ,
               and
               Free-State
               ,
               Parliament
               and
               People
               of
            
             England
             ,
             
               and
               to
               the
               manifold
               breach
               ,
               contempt
               ,
               and
               violation
               of
               the
               Lawes
               of
               this
               Land
               ,
               and
               contrary
               to
               the
               forme
               of
               divers
               Statutes
               and
               Acts
               of
               Parliament
               in
               such
               case
               made
               and
               provided
               .
            
          
        
         
           
             M.
             Hales
             .
          
           
             Then
             we
             say
             ,
             it
             is
             uncertainly
             alledged
             ,
             and
             uncertainly
             laid
             :
             but
             we
             take
             it
             ,
             it
             is
             not
             within
             the
             words
             of
             the
             Act
             ,
             we
             desire
             that
             Act
             may
             be
             read
             .
          
        
         
           
             The
             Clerk.
             
          
           
             
               That
               shall
               from
               and
               after
               the
            
             5.
             
               of
               August
            
             ,
             1650.
             
               use
               ,
               hold
               ,
               and
               maintaine
               any
               correspondence
               ,
               &c.
               
            
          
        
         
           
             M.
             Hales
             .
          
           
             Then
             this
             is
             not
             within
             this
             Act
             ,
             because
             that
             this
             is
             concerning
             sending
             to
             persons
             that
             are
             in
             Scotland
             ,
             I
             observe
             not
             that
             it
             is
             charged
             that
             they
             were
             in
             Scotland
             .
          
        
         
           
             At.
             Gen.
             
          
           
             
               Or
               shall
               abbet
               ,
               assist
               ,
               countenance
               or
               incourage
               the
               Scotch
               Nation
               ,
               or
               any
               other
               person
               or
               persons
               adhering
               to
               them
               in
               their
               war
               against
               the
               Common-wealth
               :
            
             What
             think
             you
             of
             relieving
             ,
             is
             not
             that
             abbetting
             and
             incouraging
             ?
          
        
         
           
             M.
             Hales
             .
          
           
             It
             should
             be
             laid
             so
             then
             ,
             I
             desire
             that
             part
             of
             the
             Charge
             may
             be
             read
             again
             .
          
        
         
           
             The
             Clerk.
             
          
           
             
               And
               further
               to
               carry
               on
            
             ,
             &c.
             
          
        
         
           
             M.
             Hales
             .
          
           
             My
             Lord
             ,
             we
             think
             this
             is
             not
             fully
             charged
             according
             to
             the
             Act.
             
          
        
         
           
             At.
             Gen.
             
          
           
             I
             will
             read
             you
             another
             of
             the
             26.
             of
             March
             1650.
             
          
        
         
           
             M.
             Hales
             .
          
           
             That
             makes
             it
             not
             Treason
             .
          
        
         
           
             At.
             Gen.
             
          
           
             It
             comes
             very
             neer
             it
             ,
             but
             I
             insist
             upon
             it
             ,
             it
             is
             under
             the
             other
             ,
             relieving
             them
             with
             mony
             ,
             buying
             of
             Arms.
             
          
        
         
           
             Mr.
             Hales
             .
          
           
             Still
             the
             same
             Exception
             lies
             upon
             it
             ,
             within
             the
             times
             aforesaid
             ,
             which
             certainly
             cannot
             be
             acknowledged
             .
          
        
         
           
             At.
             Gen.
             
          
           
             We
             acknowledge
             the
             same
             Exception
             ;
             and
             the
             same
             answer
             lies
             to
             it
             ,
             that
             of
             the
             26.
             of
             March
             1650.
             it
             is
             ,
             he
             shall
             suffer
             death
             ,
             and
             upon
             this
             it
             is
             Treason
             upon
             both
             together
             ,
             we
             cannot
             divide
             them
             ,
             but
             must
             express
             them
             so
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Under
             favour
             ,
             the
             one
             makes
             it
             Felony
             ,
             and
             the
             other
             a
             Treason
             .
          
        
         
           
             At.
             Gen.
             
          
           
             But
             it
             is
             a
             deadly
             one
             .
          
        
         
           
             L.
             Pres
             .
          
           
             If
             a
             Statute
             Law
             makes
             a
             thing
             Felony
             that
             was
             not
             Felony
             ,
             or
             recites
             a
             thing
             that
             is
             Felony
             ,
             and
             saith
             it
             shall
             be
             punished
             with
             death
             ,
             being
             a
             petty
             Larceny
             ,
             therein
             you
             say
             well
             ;
             but
             if
             the
             Statute
             recites
             that
             that
             is
             Treason
             in
             it selfe
             actually
             ,
             and
             saith
             ,
             that
             they
             that
             doe
             these
             things
             shall
             suffer
             death
             ,
             according
             to
             the
             nature
             of
             that
             offence
             that
             is
             formerly
             recited
             ,
             and
             limits
             it
             so
             in
             the
             recitall
             ,
             if
             the
             recitall
             be
             Treason
             in
             the
             beginning
             ,
             and
             then
             say
             ,
             that
             that
             Trartor
             shall
             suffer
             death
             without
             mercy
             .
          
        
         
           
             M.
             Hales
             .
          
           
             We
             have
             shewed
             our
             reasons
             in
             the
             Case
             ,
             my
             lord
             ,
             it
             is
             as
             much
             as
             we
             can
             say
             upon
             this
             sudden
             concerning
             this
             Charge
             ;
             there
             are
             some
             other
             things
             that
             are
             mentioned
             here
             by
             Mr.
             Love
             ,
             as
             how
             far
             forth
             there
             be
             sufficient
             Witnesses
             ,
             admitting
             the
             Charge
             were
             good
             ;
             how
             far
             forth
             the
             Witnesses
             are
             sufficient
             in
             themselves
             ;
             and
             then
             whether
             here
             bee
             two
             concurring
             Witnesses
             to
             any
             one
             act
             ,
             and
             whether
             any
             thing
             be
             more
             proved
             then
             Misprision
             of
             treason
             ,
             and
             concealment
             of
             treason
             ;
             these
             are
             things
             Mr.
             Love
             takes
             upon
             him
             in
             fact
             to
             say
             :
             And
             now
             for
             those
             ,
             when
             the
             case
             is
             made
             ,
             we
             shall
             be
             ready
             to
             speak
             to
             these
             things
             ;
             for
             truly
             it
             is
             sudden
             and
             new
             to
             me
             ,
             for
             these
             matters
             came
             not
             to
             my
             knowledg
             till
             this
             morning
             after
             eight
             a
             clock
             ;
             that
             is
             ,
             concerning
             the
             last
             paper
             he
             offers
             to
             your
             Lordship
             ,
             and
             that
             is
             ,
             Exception
             to
             Witnesses
             ,
             proof
             ,
             and
             matter
             of
             the
             proof
             ,
             whether
             the
             bare
             concealment
             (
             for
             thus
             it
             is
             stated
             unto
             us
             ,
             the
             concealment
             )
             of
             any
             thing
             that
             is
             treason
             whether
             that
             be
             treason
             or
             no
             in
             the
             party
             that
             conceals
             it
             ;
             these
             are
             things
             that
             if
             we
             were
             prepared
             for
             ,
             we
             should
             speak
             to
             .
             First
             ,
             we
             conceive
             by
             the
             Statute
             of
             
               primo
               &
               quinto
               Elizabethae
            
             ,
             there
             is
             a
             necessity
             in
             this
             proceeding
             before
             your
             Lordship
             to
             have
             two
             lawfull
             and
             sufficient
             Witnesses
             .
             Next
             of
             all
             ,
             we
             thinke
             ,
             that
             if
             these
             witnesses
             be
             such
             as
             he
             hath
             stated
             them
             to
             be
             ;
             which
             whether
             they
             be
             or
             
             no
             ,
             we
             know
             not
             ,
             for
             we
             are
             utterly
             unacquainted
             with
             the
             evidence
             ,
             yet
             we
             should
             think
             they
             are
             no
             sufficient
             witnesses
             ;
             and
             then
             admitting
             they
             were
             sufficient
             witnesses
             ,
             yet
             if
             so
             be
             one
             witnesse
             speaks
             to
             one
             fact
             ,
             another
             to
             another
             ,
             we
             conceive
             these
             are
             not
             sufficient
             witnesses
             within
             the
             Statute
             ,
             not
             sufficient
             to
             convict
             him
             .
             And
             then
             ,
             if
             that
             which
             they
             have
             witnessed
             be
             nothing
             that
             amounts
             to
             Treason
             ,
             haply
             committed
             by
             others
             ,
             that
             makes
             him
             not
             guilty
             within
             the
             Acts.
             If
             we
             had
             time
             to
             understand
             ,
             and
             digest
             ,
             and
             consider
             ,
             what
             were
             the
             matters
             that
             are
             alledged
             ,
             we
             should
             be
             able
             to
             say
             somewhat
             to
             it
             .
             My
             Lord
             ,
             that
             which
             we
             have
             said
             ,
             we
             have
             said
             of
             a
             sudden
             ,
             and
             so
             it
             appears
             because
             we
             had
             not
             that
             clear
             understanding
             of
             the
             Charge
             as
             otherwise
             we
             might
             have
             had
             ,
             and
             so
             have
             saved
             much
             of
             your
             time
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             For
             that
             that
             hath
             been
             said
             suddenly
             by
             Mr.
             Hales
             ,
             I
             shall
             suddenly
             give
             it
             this
             answer
             ,
             he
             hath
             had
             more
             time
             then
             I
             ,
             he
             hath
             said
             from
             Mr.
             Love
             and
             not
             from
             himselfe
             :
             he
             saith
             when
             the
             case
             is
             made
             ;
             I
             think
             it
             will
             appear
             then
             that
             these
             Exceptions
             have
             been
             made
             to
             the
             Court
             ,
             that
             the
             witnesses
             have
             not
             been
             competent
             neither
             in
             quality
             nor
             number
             ,
             they
             have
             been
             spoken
             to
             ;
             for
             the
             witnesses
             ,
             the
             Exception
             to
             the
             quality
             because
             they
             were
             of
             the
             same
             gang
             ,
             they
             had
             a
             hand
             in
             the
             some
             Treason
             ,
             that
             was
             the
             Exception
             ,
             I
             think
             that
             will
             not
             be
             allowed
             to
             be
             a
             legall
             Exception
             ,
             they
             are
             persons
             that
             (
             as
             Mr.
             Love
             pretended
             )
             had
             a
             hand
             with
             him
             in
             this
             Fact
             ,
             and
             therefore
             they
             should
             not
             be
             competent
             witnesses
             ;
             that
             I
             shall
             appeal
             to
             Mr.
             Hales's
             judgment
             ,
             before
             conviction
             and
             upon
             a
             proceeding
             ,
             whether
             they
             may
             not
             discover
             (
             and
             after
             conviction
             )
             if
             they
             be
             Approvers
             .
             For
             the
             next
             ,
             for
             two
             witnesses
             ;
             when
             the
             case
             is
             made
             ,
             you
             will
             find
             one
             ,
             two
             ,
             three
             ,
             four
             ,
             five
             ,
             six
             ,
             and
             to
             most
             of
             them
             two
             ,
             three
             and
             four
             ,
             for
             so
             I
             may
             make
             bold
             to
             say
             ,
             for
             so
             I
             read
             them
             to
             you
             the
             last
             day
             .
             And
             then
             for
             the
             last
             Exception
             ,
             that
             was
             for
             the
             concealment
             of
             Treason
             ,
             it
             is
             far
             from
             it
             ,
             for
             I
             know
             not
             what
             a
             concealment
             Mr.
             Love
             may
             intend
             ,
             I
             am
             sure
             Mr.
             Hales
             will
             not
             think
             that
             a
             concealment
             to
             run
             on
             one
             ,
             two
             ,
             or
             three
             years
             ,
             and
             run
             on
             ,
             and
             send
             letters
             ;
             that
             when
             he
             acts
             along
             with
             them
             ,
             and
             hath
             the
             meetings
             at
             his
             house
             continually
             ;
             moves
             them
             to
             receive
             money
             ,
             and
             contribute
             ;
             I
             think
             hee
             was
             the
             highest
             Actor
             amongst
             them
             ,
             for
             the
             meetings
             were
             continually
             at
             his
             house
             ,
             the
             advices
             were
             there
             resolved
             upon
             debates
             ,
             there
             he
             gave
             his
             advice
             one
             way
             ,
             and
             they
             another
             way
             ;
             I
             think
             he
             will
             not
             think
             this
             is
             but
             misprision
             of
             Treason
             ;
             and
             we
             never
             did
             charge
             it
             ,
             nor
             intend
             it
             so
             ,
             but
             went
             a
             little
             higher
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             If
             that
             be
             declared
             to
             be
             insisted
             upon
             ,
             that
             the
             non-revealing
             of
             Treason
             ,
             though
             it
             be
             a
             month
             or
             two
             ,
             or
             a
             year
             or
             two
             ,
             can
             be
             no
             Treason
             ,
             then
             we
             have
             done
             with
             that
             question
             ;
             for
             then
             it
             wil
             rest
             singly
             upon
             the
             Fact
             before
             your
             Lordship
             ,
             whether
             there
             be
             any
             thing
             more
             proved
             ,
             then
             such
             a
             concealment
             ,
             then
             it
             is
             true
             ,
             we
             are
             discharged
             of
             that
             question
             .
             But
             then
             concerning
             the
             proof
             ,
             if
             Master
             Atturney
             will
             please
             to
             admit
             ,
             that
             the
             proofs
             are
             such
             as
             Master
             Love
             hath
             stated
             in
             this
             paper
             .
             —
          
        
         
           
             Att.
             Gen.
             
          
           
             That
             I
             shall
             not
             do
             before
             hand
             ,
             but
             to
             debate
             upon
             the
             proof
             ,
             I
             shall
             crave
             your
             Lordships
             directions
             ;
             I
             have
             gone
             over
             them
             already
             ,
             and
             it
             hath
             been
             trouble
             enough
             to
             me
             ,
             if
             it
             be
             your
             Lordships
             pleasure
             I
             must
             go
             over
             the
             proof
             again
             ,
             I
             shall
             submit
             to
             you
             ,
             but
             not
             to
             him
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Mr.
             Hales
             ,
             there
             is
             no
             witnesses
             that
             have
             been
             heard
             ,
             but
             they
             have
             been
             of
             the
             said
             confederacy
             ,
             that
             was
             one
             Exception
             Mr.
             Love
             made
             ;
             it
             was
             debated
             at
             the
             producing
             ,
             and
             over-ruled
             ,
             and
             I
             beleeve
             your
             judgement
             will
             go
             well
             with
             us
             ,
             that
             it
             was
             no
             Exception
             .
             Another
             was
             ,
             that
             they
             have
             been
             promised
             rewards
             ,
             that
             was
             likewise
             moved
             ,
             and
             over-ruled
             ,
             the
             Court
             was
             of
             opinion
             that
             they
             may
             do
             it
             ;
             that
             if
             there
             bee
             a
             Treason
             ,
             and
             there
             be
             many
             correspondents
             in
             it
             ,
             and
             one
             out
             of
             remorse
             ,
             as
             some
             of
             these
             did
             say
             ,
             that
             when
             they
             had
             been
             there
             they
             did
             not
             like
             their
             waies
             ,
             but
             went
             from
             them
             ,
             and
             came
             to
             them
             no
             more
             ;
             if
             this
             man
             ,
             or
             any
             other
             man
             afterwards
             shall
             come
             and
             reveal
             this
             ,
             it
             is
             in
             the
             power
             of
             the
             State
             either
             to
             reward
             him
             with
             monies
             ,
             and
             to
             promise
             him
             life
             too
             ,
             if
             hee
             shall
             faithfully
             do
             it
             ;
             and
             this
             wee
             say
             ,
             is
             a
             stronger
             case
             then
             the
             case
             of
             an
             Approver
             ,
             which
             afterwards
             when
             they
             became
             Approvers
             ,
             they
             must
             confesse
             the
             Fact
             ,
             and
             say
             they
             are
             guilty
             of
             the
             Fact
             plainely
             ,
             and
             openly
             ,
             and
             yet
             then
             they
             are
             good
             witnesses
             to
             discover
             this
             ,
             as
             it
             was
             plotted
             in
             hell
             ,
             for
             this
             was
             no
             other
             ,
             though
             they
             had
             a
             vizard
             upon
             them
             ,
             which
             was
             no
             otherwise
             ;
             I
             say
             ,
             if
             any
             one
             will
             discover
             such
             ;
             nay
             haply
             it
             was
             offered
             to
             Master
             Love
             himselfe
             ,
             if
             he
             would
             have
             done
             it
             :
             I
             beleeve
             there
             was
             some
             overtures
             made
             to
             him
             ;
             but
             this
             is
             law
             too
             ,
             by
             the
             law
             of
             this
             land
             ,
             which
             is
             the
             law
             of
             God
             ;
             for
             we
             have
             no
             law
             practised
             in
             this
             land
             ,
             but
             is
             the
             law
             of
             God
             ,
             and
             so
             did
             the
             Lawyers
             maintain
             it
             before
             the
             King
             in
             Henry
             the
             eighths
             time
             ,
             the
             Popes
             ,
             Legates
             ,
             and
             chief
             Arch-Bishops
             ,
             and
             Bishops
             of
             England
             ,
             and
             did
             
             then
             prove
             it
             to
             them
             ,
             that
             there
             was
             no
             law
             practised
             in
             England
             but
             the
             law
             of
             God
             ,
             which
             our
             Ministers
             are
             loath
             to
             touch
             ,
             and
             busie
             themselves
             to
             study
             ,
             but
             study
             the
             Ceremoniall
             Lawes
             of
             the
             Jewes
             ,
             which
             are
             
               Mortua
               Mortifera
            
             ,
             which
             are
             not
             to
             be
             practised
             by
             any
             other
             Nation
             ,
             till
             they
             be
             established
             by
             a
             law
             ;
             and
             that
             which
             is
             the
             law
             of
             God
             in
             this
             land
             ,
             that
             hath
             so
             much
             preserved
             it
             ,
             these
             they
             are
             wilfully
             ignorant
             of
             ,
             and
             say
             ,
             it
             is
             civill
             ;
             but
             I
             say
             ,
             his
             Christian
             law
             :
             and
             therefore
             never
             distinguish
             in
             a
             Christian
             Nation
             ,
             that
             the
             lawes
             are
             Morall
             and
             Ecclesiasticall
             ,
             with
             that
             fained
             distinction
             ;
             but
             all
             the
             Lawes
             of
             this
             Nation
             are
             Christian
             ,
             and
             stand
             with
             Evangelicall
             Truth
             ,
             as
             well
             as
             With
             naturall
             reason
             ,
             and
             they
             are
             founded
             upon
             it
             ;
             and
             therefore
             ,
             Master
             Hales
             ,
             we
             are
             here
             now
             to
             go
             on
             by
             these
             lawes
             ,
             which
             are
             the
             lawes
             of
             God
             ,
             and
             wee
             must
             walk
             in
             them
             ,
             as
             wee
             would
             walk
             to
             Heaven
             .
             And
             for
             that
             you
             speak
             of
             now
             ,
             Mr.
             Atturney
             hath
             answered
             all
             the
             Exceptions
             every
             one
             ,
             and
             I
             think
             for
             that
             matter
             of
             Fact
             ,
             every
             one
             of
             them
             particularly
             .
             
               Mr.
               Love
            
             did
             take
             his
             Exceptions
             too
             ,
             and
             they
             were
             over-ruled
             .
             Now
             to
             come
             ,
             whether
             these
             are
             lawfull
             witnesses
             over
             again
             ,
             when
             it
             is
             in
             matter
             of
             Fact
             ,
             and
             over-ruled
             by
             the
             judgement
             of
             the
             Court
             ,
             Master
             Hales
             will
             not
             think
             that
             is
             regular
             .
             And
             then
             ,
             whether
             there
             be
             two
             to
             one
             point
             or
             nor
             ,
             that
             is
             another
             of
             your
             Exceptions
             ;
             that
             I
             take
             it
             (
             Master
             Hales
             )
             is
             not
             matter
             of
             law
             ,
             but
             for
             the
             Judges
             to
             consider
             of
             it
             ;
             that
             which
             should
             be
             matter
             of
             law
             ,
             is
             this
             ,
             whether
             that
             single
             proofs
             ,
             some
             to
             one
             ,
             and
             some
             to
             another
             ,
             joyned
             all
             together
             do
             issue
             out
             all
             this
             Treason
             ;
             we
             want
             not
             presidents
             for
             that
             ,
             for
             this
             is
             a
             heterogeneall
             Treason
             ,
             every
             particular
             that
             these
             Statutes
             make
             a
             Treason
             ,
             they
             are
             all
             of
             them
             complicated
             ,
             he
             hath
             gone
             through
             them
             all
             in
             his
             act
             ,
             and
             we
             must
             passe
             through
             them
             all
             in
             our
             judgments
             :
             though
             every
             one
             is
             particular
             Treason
             ,
             had
             it
             been
             singularly
             laid
             by
             it self
             ;
             yet
             now
             being
             laid
             as
             one
             concatinated
             Treason
             ,
             they
             all
             of
             them
             make
             but
             one
             .
             For
             the
             next
             ,
             for
             that
             of
             misprision
             ,
             he
             is
             not
             charged
             here
             with
             misprision
             at
             all
             ,
             but
             direct
             Treasons
             ;
             and
             if
             it
             be
             but
             misprision
             ,
             we
             shall
             not
             for
             misprision
             judge
             him
             a
             Traitor
             upon
             this
             Charge
             ;
             but
             then
             ,
             what
             is
             in
             his
             judgment
             misprision
             ?
             if
             this
             be
             nothing
             but
             a
             concealment
             ,
             I
             think
             that
             the
             Court
             upon
             the
             Evidence
             will
             judge
             that
             it
             is
             more
             then
             a
             bare
             concealment
             ,
             and
             whether
             Mr.
             Hales
             will
             think
             if
             I
             be
             a
             promoter
             ,
             and
             concealer
             from
             one
             to
             another
             ,
             and
             have
             so
             many
             continued
             meetings
             ,
             whether
             two
             or
             three
             years
             together
             acting
             with
             them
             ,
             &
             concealing
             them
             ,
             for
             it
             is
             not
             a
             bare
             concealment
             ,
             but
             a
             complicated
             Act
             ;
             for
             if
             it
             were
             but
             a
             bare
             notion
             of
             it
             ,
             we
             should
             have
             much
             ado
             to
             prove
             it
             ,
             but
             (
             I
             think
             )
             the
             Court
             is
             satisfied
             ,
             it
             is
             more
             then
             notion
             .
          
        
         
           
             S.
             Tho.
             Wither
             .
          
           
             I
             shall
             speak
             a
             word
             to
             that
             
               Mr.
               Hales
            
             moved
             last
             ,
             whether
             you
             will
             be
             pleased
             to
             hear
             any
             more
             of
             Councels
             ,
             in
             these
             three
             particulars
             ;
             for
             ,
             under
             favour
             ,
             these
             three
             particulars
             concerning
             the
             witnesses
             ,
             concerning
             their
             quality
             and
             number
             ,
             and
             the
             Treason
             it selfe
             ,
             these
             are
             matters
             of
             another
             kind
             of
             nature
             then
             all
             the
             rest
             he
             insisted
             upon
             ,
             for
             the
             rest
             are
             meer
             matters
             of
             Law
             ,
             upon
             the
             formality
             ,
             and
             insufficiency
             of
             the
             Charge
             ;
             these
             questions
             of
             the
             witnesses
             ,
             are
             questions
             that
             are
             mixt
             ,
             for
             they
             depend
             upon
             the
             matters
             in
             Fact
             ,
             and
             cannot
             be
             otherwise
             stated
             ;
             now
             
               Mr.
               Love
            
             ,
             though
             he
             had
             no
             Councell
             appeared
             before
             ,
             yet
             he
             had
             in
             his
             Defence
             all
             these
             Objections
             too
             ;
             as
             of
             the
             incompetency
             of
             them
             ,
             because
             they
             were
             
               participes
               criminis
            
             ,
             and
             for
             that
             I
             think
             (
             under
             favour
             of
             your
             Lordships
             judgement
             )
             he
             had
             a
             full
             and
             a
             cleer
             answer
             to
             it
             ,
             in
             case
             of
             an
             Approver
             ,
             he
             is
             
               Particeps
               criminis
            
             ,
             and
             accuseth
             men
             that
             are
             
               Participes
               criminis
            
             ,
             yet
             that
             man
             even
             
               ex
               merito
               justitia
            
             ,
             he
             shall
             be
             pardoned
             ,
             saith
             our
             Law
             ,
             and
             therefore
             that
             Objection
             that
             is
             made
             against
             the
             witnesses
             ,
             that
             they
             are
             promised
             rewards
             and
             pardon
             ,
             that
             is
             no
             Objection
             ,
             for
             in
             that
             case
             the
             Approver
             shall
             have
             his
             pardon
             ,
             
               ex
               merito
               justitiae
            
             .
             Then
             for
             the
             other
             point
             ,
             that
             is
             ,
             whether
             by
             two
             witnesses
             in
             such
             a
             plot
             or
             no
             ,
             to
             prove
             a
             Treasonable
             act
             ,
             that
             is
             ,
             consisting
             meerly
             upon
             the
             matter
             of
             fact
             ,
             that
             I
             shall
             not
             take
             upon
             me
             to
             repeat
             ,
             you
             have
             heard
             it
             ;
             but
             this
             I
             said
             then
             ,
             and
             this
             I
             humbly
             offer
             now
             ,
             that
             if
             there
             be
             two
             witnesses
             ,
             though
             they
             concur
             not
             in
             the
             same
             individuall
             act
             ,
             yet
             if
             they
             concur
             in
             two
             acts
             ,
             concurring
             to
             the
             same
             Treason
             ,
             they
             prove
             the
             same
             Treason
             ;
             if
             one
             prove
             the
             sending
             of
             letters
             ,
             and
             another
             the
             sending
             of
             mony
             ,
             I
             take
             it
             these
             are
             two
             witnesses
             ,
             though
             they
             speak
             of
             two
             distinct
             acts
             ;
             but
             in
             our
             proof
             we
             have
             gone
             on
             to
             two
             witnesses
             ,
             three
             or
             four
             in
             most
             points
             .
             But
             then
             for
             the
             misprision
             of
             Treason
             ,
             we
             did
             apprehend
             that
             ,
             that
             which
             
               M.
               Love
            
             himself
             hath
             confess'd
             ,
             is
             Treason
             it self
             ;
             but
             Mr.
             Love
             is
             pleased
             to
             make
             his
             own
             collection
             upon
             his
             owne
             confession
             ,
             
               for
               I
               confesse
               my
               presence
               and
               silence
               after
               these
               meetings
               and
               consultations
               ;
               but
               this
               I
               take
               to
               be
               misprision
               of
               Treason
            
             :
             To
             this
             I
             replyed
             ,
             we
             took
             it
             to
             be
             Treason
             it selfe
             ,
             for
             our
             books
             say
             ,
             a
             man
             must
             not
             sleep
             ,
             nor
             look
             ,
             back
             ,
             but
             go
             presently
             to
             a
             Magistrate
             to
             reveal
             it
             ;
             but
             when
             a
             man
             will
             not
             only
             sleep
             upon
             it
             ,
             but
             keep
             it
             back
             ,
             and
             act
             in
             it
             ,
             this
             is
             more
             then
             misprision
             .
             But
             our
             charge
             is
             for
             a
             Treason
             it selfe
             ,
             and
             truly
             Treason
             comprehends
             a
             misprision
             of
             Treason
             in
             it
             ,
             but
             this
             point
             I
             think
             neither
             will
             come
             in
             question
             
             now
             ;
             for
             we
             say
             and
             charge
             ,
             that
             it
             is
             a
             treason
             it self
             ,
             not
             Misprision
             ;
             and
             that
             collection
             
               Mr.
               Love
            
             makes
             ,
             it
             is
             his
             own
             ,
             but
             the
             judgment
             is
             yours
             ,
             whether
             it
             be
             a
             Treason
             or
             not
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             If
             it
             be
             your
             Lordships
             pleasure
             we
             shall
             speak
             ,
             wee
             are
             ready
             to
             say
             what
             we
             can
             in
             the
             shortnesse
             of
             time
             ;
             but
             if
             it
             be
             not
             your
             Lordships
             pleasure
             ,
             we
             shall
             not
             say
             it
             .
          
        
         
           
             At.
             Gen.
             
          
           
             If
             your
             Lordship
             please
             to
             declare
             what
             he
             should
             speak
             to
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             These
             points
             ,
             I
             shall
             onely
             mention
             them
             ,
             I
             cannot
             argue
             them
             now
             .
             This
             is
             that
             I
             conceive
             ;
             first
             of
             all
             ,
             according
             as
             the
             case
             is
             stated
             ,
             that
             is
             ,
             Whether
             a
             person
             menaced
             ,
             that
             hee
             shall
             lose
             his
             life
             if
             he
             discover
             not
             a
             particular
             person
             ,
             and
             that
             he
             shall
             have
             his
             life
             if
             he
             do
             discover
             him
             ;
             whether
             such
             a
             person
             be
             a
             competent
             witnesse
             or
             no
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             Hear
             a
             word
             ,
             I
             appeal
             then
             to
             you
             ,
             whether
             any
             such
             person
             were
             produced
             before
             you
             ?
          
        
         
           
             Mr.
             Hales
             .
          
           
             First
             we
             only
             go
             upon
             what
             supposition
             Mr.
             Love
             makes
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             humbly
             crave
             leave
             to
             that
             effect
             ,
             to
             prove
             that
             particular
             .
          
        
         
           
             At.
             Gen.
             
          
           
             No
             ,
             not
             now
             ,
             Sir.
             
          
        
         
           
             Mr.
             Hales
             .
          
           
             Wee
             conceive
             such
             a
             person
             is
             not
             a
             competent
             witnesse
             :
             then
             that
             is
             out
             of
             the
             case
             ,
             it
             should
             seem
             ,
             Sir.
             Truly
             ,
             then
             the
             case
             that
             is
             put
             concerning
             an
             Approver
             ,
             comes
             not
             to
             the
             question
             ,
             under
             favour
             ;
             for
             though
             it
             is
             true
             ,
             an
             approver
             at
             Common
             law
             ,
             might
             be
             an
             accuser
             ;
             yet
             we
             are
             not
             now
             upon
             a
             proceeding
             at
             the
             Common
             law
             ,
             when
             we
             talk
             of
             witnesses
             now
             ;
             but
             we
             are
             upon
             a
             proceeding
             how
             far
             forth
             warranted
             for
             the
             witnesses
             ,
             by
             the
             stat
             .
             of
             the
             first
             and
             fifth
             of
             Ed.
             6
             :
             so
             that
             what
             is
             said
             concerning
             an
             Approver
             ,
             comes
             not
             to
             this
             question
             ;
             he
             that
             may
             be
             a
             competent
             witnesse
             at
             Common
             law
             ,
             he
             is
             not
             a
             competent
             witnesse
             upon
             those
             statutes
             ,
             for
             the
             words
             of
             the
             statute
             are
             expresly
             ,
             
               that
               hee
               shall
               be
               a
               lawfull
               and
               a
               sufficient
               witnesse
               :
            
             and
             if
             so
             be
             that
             such
             a
             case
             were
             now
             ,
             it
             is
             not
             to
             sample
             this
             case
             that
             is
             before
             you
             ,
             with
             the
             case
             of
             an
             Approver
             ,
             which
             is
             a
             bare
             accusation
             at
             Common
             law
             ,
             and
             where
             the
             Jury
             likewise
             are
             to
             have
             other
             evidence
             ;
             for
             either
             the
             defendant
             may
             wage
             his
             battell
             ,
             or
             put
             himself
             upon
             his
             Country
             ;
             and
             then
             it
             is
             at
             the
             pleasure
             of
             the
             Jury
             whether
             they
             will
             beleeve
             the
             Approver
             or
             no
             :
             but
             by
             the
             Act
             of
             the
             first
             and
             fifth
             of
             
               Edward
               the
               Sixth
            
             ,
             it
             is
             expresly
             said
             ,
             
               There
               shall
               be
               two
               sufficient
               witnesses
               in
               case
               of
               Treason
            
             ;
             so
             that
             that
             hath
             made
             an
             alteration
             of
             what
             was
             in
             the
             Common
             law
             before
             ;
             one
             witnesse
             was
             enough
             before
             ,
             now
             two
             witnesses
             are
             requisite
             :
             and
             we
             conceive
             ,
             the
             words
             
               lawfull
               and
               sufficient
            
             conclude
             such
             persons
             :
             if
             there
             be
             not
             any
             such
             ,
             we
             are
             not
             to
             say
             we
             know
             ,
             or
             know
             not
             :
             but
             if
             so
             be
             any
             person
             is
             drawn
             to
             make
             such
             a
             testimony
             for
             the
             preservation
             of
             his
             life
             ,
             and
             shall
             make
             such
             an
             expression
             ,
             wee
             think
             ,
             that
             though
             it
             is
             true
             ,
             he
             is
             a
             person
             that
             is
             attainted
             ,
             yet
             he
             is
             a
             person
             that
             is
             thus
             drawn
             ,
             and
             we
             think
             he
             is
             not
             such
             a
             witnesse
             as
             is
             intended
             ,
             especially
             in
             such
             a
             case
             as
             this
             is
             ,
             where
             the
             tryall
             of
             the
             fact
             is
             before
             your
             Lordship
             ,
             which
             is
             both
             Jury
             and
             Judg
             ,
             to
             try
             the
             fact
             ,
             and
             determine
             the
             law
             ;
             and
             therefore
             perhaps
             here
             will
             be
             a
             more
             rigorous
             expectation
             who
             should
             be
             ,
             and
             who
             should
             not
             be
             a
             sufficient
             Witnesse
             ,
             then
             in
             case
             it
             were
             a
             bare
             tryall
             by
             Jury
             ;
             there
             may
             be
             those
             exceptions
             alledged
             against
             a
             witnesse
             when
             the
             tryall
             is
             as
             now
             it
             is
             ,
             that
             may
             not
             be
             when
             a
             triall
             is
             by
             a
             Jury
             ;
             and
             threfore
             i●
             so
             be
             that
             a
             party
             be
             thus
             drawn
             to
             testifie
             for
             the
             preservation
             of
             his
             life
             ,
             we
             think
             that
             this
             is
             not
             such
             a
             lawfull
             and
             sufficient
             Witnesse
             as
             is
             required
             in
             such
             a
             case
             .
             Next
             of
             all
             ,
             it
             is
             said
             in
             the
             paper
             ,
             that
             they
             have
             detected
             themselves
             ,
             being
             parties
             of
             as
             deep
             a
             guilt
             as
             the
             person
             that
             is
             accused
             :
             I
             will
             not
             dispute
             that
             at
             this
             time
             ;
             for
             it
             is
             not
             the
             case
             ,
             whether
             a
             person
             that
             is
             a
             plotter
             and
             confederate
             with
             one
             that
             commits
             Treason
             ,
             may
             be
             a
             Witnesse
             ;
             but
             when
             a
             person
             is
             detected
             by
             lawfull
             Authority
             ,
             before
             the
             Charge
             exhibited
             ,
             whether
             such
             a
             person
             who
             is
             so
             detected
             ,
             whose
             life
             is
             in
             the
             hands
             of
             the
             State
             ,
             be
             one
             of
             these
             competent
             witnesses
             ,
             we
             must
             leave
             it
             to
             your
             judgment
             in
             that
             ,
             but
             we
             think
             he
             is
             not
             a
             competent
             witnesse
             ;
             for
             there
             is
             not
             a
             bare
             accusation
             of
             a
             person
             ,
             but
             (
             as
             the
             case
             is
             stated
             to
             us
             )
             by
             a
             person
             that
             should
             be
             examined
             and
             confesse
             himself
             guilty
             of
             those
             things
             whereof
             Mr.
             Love
             is
             impeached
             ,
             and
             that
             before
             the
             Charge
             is
             exhibited
             .
             My
             Lord
             ,
             the
             next
             matter
             is
             concerning
             the
             plurality
             of
             witnesses
             ,
             the
             number
             of
             them
             ,
             we
             think
             ,
             under
             favour
             ,
             with
             submission
             ,
             that
             in
             this
             case
             ,
             suppose
             the
             Charge
             had
             been
             singly
             upon
             one
             act
             of
             Treason
             ,
             wee
             conceive
             ,
             that
             in
             that
             case
             there
             is
             a
             necessity
             of
             two
             persons
             to
             prove
             that
             Charge
             :
             If
             the
             Charge
             be
             upon
             severall
             Acts
             of
             Treason
             ,
             be
             the
             Charge
             so
             ;
             yet
             if
             you
             will
             bring
             them
             within
             any
             one
             of
             the
             acts
             ,
             you
             must
             have
             two
             Witnesses
             to
             bring
             them
             within
             that
             act
             :
             For
             suppose
             a
             man
             were
             indited
             of
             Treason
             heretofore
             for
             Levying
             of
             war
             ,
             and
             another
             Treason
             for
             adhering
             to
             the
             Enemies
             ,
             and
             another
             Treason
             for
             counterfeiting
             of
             the
             Coin
             ,
             or
             those
             kinde
             of
             things
             ;
             these
             are
             severall
             Treasons
             ,
             though
             they
             are
             all
             put
             into
             one
             Information
             ,
             and
             haply
             may
             be
             put
             ,
             in
             case
             of
             necessity
             ,
             into
             one
             Indictment
             ,
             as
             here
             are
             severall
             acts
             put
             into
             one
             Charge
             .
             But
             now
             a
             proof
             of
             Treason
             within
             one
             of
             the
             Acts
             by
             one
             Witness
             ,
             and
             a
             proof
             of
             a
             Treason
             
             within
             another
             of
             the
             Acts
             by
             another
             witnesse
             ,
             will
             not
             be
             esteemed
             and
             accounted
             a
             proof
             by
             two
             witnesses
             ;
             for
             it
             must
             be
             a
             proof
             ,
             not
             that
             he
             is
             within
             the
             Charge
             ,
             but
             within
             that
             part
             of
             the
             Charge
             upon
             which
             he
             is
             to
             be
             arraigned
             ;
             and
             here
             is
             not
             a
             proving
             each
             distinct
             part
             of
             the
             Charge
             by
             two
             witnesses
             ,
             as
             the
             Statute
             requires
             .
             And
             then
             to
             come
             neerer
             ,
             suppose
             the
             Charge
             were
             but
             upon
             one
             Act
             ,
             as
             that
             he
             held
             correspondence
             with
             the
             Scots
             ,
             and
             did
             invite
             them
             &c.
             
             I
             conceive
             that
             in
             this
             case
             ,
             under
             favor
             ,
             that
             that
             particular
             Act
             with
             which
             you
             will
             charge
             him
             to
             be
             a
             Traitor
             within
             any
             one
             law
             ,
             must
             be
             proved
             by
             two
             Witnesses
             .
             The
             Star-chamber
             course
             I
             know
             what
             it
             was
             ,
             that
             in
             case
             there
             were
             one
             generall
             charge
             ,
             and
             then
             it
             did
             descend
             to
             severall
             particulars
             ,
             one
             witness
             would
             serve
             for
             one
             ,
             and
             another
             to
             another
             ,
             and
             a
             third
             to
             a
             third
             ,
             and
             these
             should
             make
             up
             two
             witnesses
             to
             convict
             the
             party
             ;
             but
             we
             are
             not
             now
             in
             a
             proceeding
             of
             Star-chamber
             ,
             that
             is
             laid
             by
             ,
             it
             was
             not
             altogether
             so
             regular
             in
             all
             things
             :
             and
             then
             ,
             we
             are
             not
             in
             a
             thing
             barely
             criminal
             ,
             but
             in
             a
             case
             of
             life
             ;
             and
             not
             in
             the
             case
             of
             life
             ordinarily
             ,
             but
             in
             a
             case
             wherein
             a
             party
             is
             accused
             of
             Treason
             ,
             wherein
             the
             Statute
             doth
             provide
             that
             there
             shall
             be
             two
             Witnesses
             (
             as
             I
             conceive
             )
             to
             swear
             to
             the
             same
             thing
             ,
             by
             which
             you
             would
             bring
             him
             within
             it
             ;
             otherwise
             they
             stand
             as
             single
             Witnesses
             every
             one
             apart
             .
             I
             have
             heard
             of
             a
             case
             (
             I
             have
             not
             had
             so
             much
             time
             as
             to
             look
             into
             it
             )
             concerning
             Mr.
             Rolph
             ,
             indited
             at
             Winchester
             ;
             I
             will
             not
             so
             much
             as
             repeat
             over
             the
             Case
             upon
             my
             credit
             to
             the
             Court
             ;
             but
             I
             take
             it
             ,
             it
             was
             thus
             :
             Hee
             was
             indited
             for
             somewhat
             about
             the
             person
             of
             the
             King
             ;
             one
             Witnesse
             deposed
             about
             the
             presenting
             of
             a
             Pistol
             ,
             or
             that
             he
             said
             he
             would
             ;
             another
             about
             poisoning
             ,
             or
             that
             he
             said
             he
             would
             :
             these
             two
             things
             did
             conclude
             in
             one
             &
             the
             same
             act
             ;
             and
             though
             they
             concluded
             in
             one
             and
             the
             same
             as
             evidences
             ,
             complicated
             evidences
             to
             make
             good
             one
             Charge
             ,
             and
             either
             of
             them
             had
             been
             sufficient
             ,
             if
             proved
             by
             two
             ;
             yet
             as
             I
             am
             informed
             (
             this
             is
             the
             inconvenience
             ,
             upon
             the
             sudden
             we
             cannot
             offer
             it
             upon
             the
             confidence
             of
             our
             own
             knowledg
             ,
             which
             a
             little
             time
             would
             make
             us
             wholly
             decline
             the
             mentioning
             of
             it
             ,
             or
             affirm
             it
             upon
             our
             credit
             ;
             but
             this
             I
             am
             informed
             )
             was
             not
             held
             a
             case
             proved
             by
             two
             witnesses
             ;
             and
             if
             that
             be
             so
             ,
             then
             I
             conceive
             these
             steps
             ;
             the
             first
             will
             be
             agreed
             ,
             that
             the
             proof
             of
             severall
             Charges
             by
             severall
             Witnesses
             ,
             against
             severall
             Acts
             ,
             will
             not
             make
             a
             proof
             by
             two
             Witnesses
             ;
             it
             must
             be
             a
             proof
             by
             two
             Witnesses
             against
             one
             act
             :
             therefore
             the
             proof
             of
             any
             thing
             against
             the
             Act
             of
             the
             17
             of
             July
             1649
             ,
             and
             another
             proof
             of
             a
             thing
             done
             against
             the
             Act
             of
             the
             thirtieth
             of
             January
             1648
             ;
             and
             another
             for
             a
             thing
             done
             against
             the
             Act
             of
             the
             2d.
             of
             Aug.
             1650
             ;
             here
             the
             offences
             are
             severall
             ,
             the
             Treasons
             severall
             ,
             and
             the
             Witnesses
             to
             either
             stand
             singly
             by
             themselves
             :
             How
             the
             case
             of
             the
             Fact
             is
             upon
             the
             proof
             ,
             I
             cannot
             tell
             ;
             that
             is
             ,
             whether
             this
             falls
             out
             to
             be
             the
             case
             .
             But
             again
             ,
             if
             the
             Charge
             were
             single
             ,
             as
             now
             upon
             the
             Act
             of
             the
             30
             of
             January
             1648
             ,
             for
             proclaiming
             of
             the
             King
             ,
             or
             promoting
             the
             Prince
             of
             Wales
             his
             interest
             to
             be
             King
             of
             England
             ;
             we
             think
             ,
             with
             submission
             ,
             (
             which
             we
             shall
             leave
             to
             your
             judgment
             )
             that
             in
             that
             case
             there
             is
             a
             necessity
             of
             two
             Witnesses
             to
             speak
             to
             one
             thing
             ;
             and
             not
             one
             to
             supply
             one
             part
             ,
             and
             another
             to
             supply
             another
             :
             That
             shall
             be
             as
             much
             as
             I
             shall
             say
             concerning
             that
             ;
             and
             I
             could
             wish
             that
             wee
             had
             had
             so
             much
             time
             as
             to
             look
             into
             it
             ,
             to
             inquire
             what
             the
             truth
             of
             that
             case
             was
             which
             was
             tryed
             at
             Winchester
             ,
             as
             I
             take
             it
             .
             Now
             for
             the
             other
             matter
             ,
             that
             is
             ,
             Whether
             Misprision
             of
             Treason
             ,
             concealment
             of
             Treason
             be
             Treason
             ?
             if
             that
             be
             not
             insisted
             upon
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             No
             ,
             no.
             
          
        
         
           
             Mr.
             Hales
             .
          
           
             Under
             favour
             ,
             the
             law
             is
             ,
             That
             concealment
             of
             Treason
             is
             not
             Treason
             ;
             but
             if
             that
             be
             not
             insisted
             upon
             ,
             then
             the
             question
             of
             the
             fact
             is
             ,
             whether
             there
             be
             any
             more
             then
             a
             proof
             of
             a
             concealment
             ,
             or
             of
             a
             Misprision
             of
             treason
             ;
             which
             if
             so
             be
             it
             be
             not
             ,
             I
             can
             say
             no
             more
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Truly
             (
             my
             Lord
             )
             I
             did
             intend
             to
             speak
             to
             that
             of
             
               M.
               Loves
            
             case
             ,
             and
             as
             of
             his
             making
             ,
             but
             not
             now
             of
             his
             making
             ,
             but
             as
             he
             hath
             made
             it
             formerly
             ;
             surely
             ,
             it
             is
             a
             great
             deal
             of
             patience
             and
             favour
             you
             have
             afforded
             him
             ,
             that
             for
             matter
             of
             fact
             and
             law
             you
             have
             heard
             it
             all
             over
             again
             :
             As
             for
             that
             first
             ,
             of
             the
             Competency
             of
             the
             Testimony
             ,
             I
             shall
             remember
             his
             own
             division
             ;
             First
             ,
             of
             the
             Charge
             :
             Secondly
             ,
             of
             the
             Witnesses
             and
             the
             Testimony
             :
             The
             third
             ,
             concerning
             Himself
             :
             And
             the
             fourth
             ,
             his
             humble
             Proposals
             to
             the
             Court.
             One
             part
             of
             his
             Defence
             was
             concerning
             the
             Witnesses
             and
             Testimony
             ,
             that
             he
             made
             a
             long
             defence
             to
             ;
             and
             if
             it
             be
             not
             good
             evidence
             ,
             that
             parties
             that
             are
             of
             the
             same
             robberies
             may
             not
             accuse
             their
             fellow
             theeves
             ,
             I
             think
             some
             must
             be
             unhanged
             that
             have
             been
             hanged
             :
             but
             that
             I
             shall
             not
             speak
             to
             ,
             for
             I
             think
             not
             that
             
               Mr.
               Hales
            
             his
             judgment
             leads
             him
             to
             it
             ;
             but
             if
             they
             were
             threatned
             ,
             and
             should
             be
             made
             afraid
             of
             their
             lives
             ,
             that
             were
             somewhat
             ;
             but
             that
             is
             not
             the
             case
             here
             .
             The
             next
             is
             for
             two
             Witnesses
             :
             I
             might
             say
             ,
             that
             by
             the
             Common
             Law
             of
             England
             ,
             one
             witnesse
             was
             enough
             before
             the
             Law
             of
             
               quinto
               Edwardi
               sexti
            
             was
             made
             ;
             for
             else
             it
             was
             not
             needfull
             
             to
             be
             made
             ;
             and
             
               Mr.
               Hales
            
             knowes
             again
             ,
             that
             as
             to
             Triall
             ,
             those
             Lawes
             are
             repealed
             ;
             but
             not
             to
             trouble
             you
             with
             these
             things
             ,
             or
             to
             say
             wherein
             they
             must
             concur
             ,
             I
             did
             crave
             the
             favour
             of
             you
             to
             read
             the
             Witnesses
             as
             they
             deposed
             ,
             and
             I
             did
             tell
             you
             when
             it
             was
             by
             hear-say
             ,
             and
             when
             upon
             knowledge
             ,
             and
             when
             by
             two
             ,
             three
             ,
             and
             foure
             ,
             to
             severall
             acts
             of
             M.
             Loves
             own
             actings
             ,
             two
             ,
             three
             ,
             foure
             witnesses
             ,
             I
             think
             they
             are
             number
             enough
             to
             accuse
             ,
             and
             detect
             a
             person
             of
             as
             high
             quality
             .
             And
             for
             the
             last
             ,
             for
             misprision
             of
             Treason
             ,
             M.
             Love
             hath
             said
             that
             which
             never
             came
             into
             my
             thoughts
             ,
             that
             such
             actings
             done
             by
             
               M.
               Love
            
             could
             be
             judged
             misprision
             ,
             he
             that
             acted
             with
             them
             ,
             consulted
             ,
             and
             debated
             ,
             and
             plotted
             ,
             gave
             his
             judgement
             one
             way
             ,
             moved
             to
             raise
             mony
             ,
             received
             intelligence
             ,
             all
             brought
             to
             his
             house
             ,
             and
             transacted
             there
             ;
             I
             would
             appeal
             to
             M.
             Hales
             his
             judgment
             ,
             whether
             this
             could
             be
             misprision
             of
             Treason
             ,
             when
             a
             party
             acts
             in
             it
             ,
             hath
             the
             meetings
             at
             his
             own
             house
             ,
             and
             hath
             there
             debates
             of
             Commissions
             ,
             and
             Instructions
             ,
             and
             Letters
             ,
             I
             think
             this
             goes
             as
             far
             beyond
             misprision
             ,
             as
             Treason
             is
             beyond
             misprision
             ;
             but
             seeing
             these
             are
             new
             cases
             before
             you
             ,
             you
             have
             spent
             enough
             of
             your
             time
             ,
             I
             shall
             not
             spend
             more
             to
             argue
             the
             cases
             that
             are
             not
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             humbly
             crave
             leave
             that
             seeing
             my
             councell
             some
             of
             them
             are
             rejected
             by
             the
             Court
             ,
             as
             not
             fit
             to
             plead
             before
             you
             ,
             and
             seeing
             another
             of
             them
             ,
             M.
             Maynard
             ,
             the
             necessity
             of
             his
             affairs
             is
             such
             ,
             he
             could
             not
             be
             here
             this
             day
             to
             plead
             here
             ,
             and
             seeing
             this
             worthy
             Gentleman
             came
             here
             unprepared
             ,
             whose
             face
             I
             never
             saw
             till
             this
             morning
             ,
             therefore
             I
             humbly
             pray
             there
             may
             be
             more
             time
             and
             councell
             assigned
             me
             with
             your
             favour
             and
             leave
             ,
             that
             they
             may
             fully
             debate
             the
             Argument
             before
             you
             ,
             those
             matters
             of
             the
             Law
             which
             are
             under
             his
             hand
             ,
             and
             the
             hands
             of
             the
             two
             worthy
             Gentlemen
             rejected
             by
             you
             to
             plead
             here
             ,
             that
             others
             may
             be
             added
             to
             M·
             Hales
             to
             plead
             the
             matters
             of
             Law
             before
             you
             ,
             and
             that
             I
             may
             have
             a
             copy
             of
             the
             Charge
             .
          
        
         
           
             At.
             Gen.
             
          
           
             I
             hope
             wee
             have
             had
             delayes
             enough
             ,
             it
             is
             with
             the
             Court
             ,
             now
             wee
             have
             done
             .
          
        
         
           
             M.
             Love.
             
          
           
             And
             Sir
             ,
             there
             are
             witnesses
             here
             present
             that
             will
             prove
             that
             which
             M.
             Atturney-Generall
             thought
             none
             could
             prove
             ,
             to
             wit
             not
             onely
             generall
             threats
             ,
             if
             they
             would
             not
             confesse
             in
             the
             generall
             ,
             but
             promises
             of
             favour
             ,
             and
             threatning
             of
             death
             if
             they
             would
             not
             testifie
             against
             me
             in
             particular
             ,
             and
             I
             have
             manifold
             Exceptions
             touching
             the
             incompetency
             not
             onely
             of
             number
             ,
             but
             quality
             ;
             one
             Witness
             said
             ,
             he
             could
             not
             in
             conscience
             ,
             and
             did
             not
             swear
             till
             he
             was
             threatned
             ,
             nay
             ,
             fined
             by
             you
             ,
             and
             drawne
             out
             of
             the
             Court
             ;
             another
             Witness
             had
             money
             laid
             to
             him
             by
             Cobbet
             ,
             which
             was
             given
             his
             wife
             ,
             which
             did
             seem
             to
             conceal
             the
             bribery
             the
             more
             ;
             but
             he
             confessed
             himselfe
             that
             the
             mony
             was
             laid
             down
             in
             his
             house
             ,
             and
             given
             him
             to
             make
             use
             of
             ,
             and
             to
             be
             the
             price
             of
             my
             blood
             (
             Sir
             )
             to
             testifie
             against
             me
             :
             I
             have
             Witnesses
             to
             produce
             ,
             Major
             Adams
             said
             ,
             he
             should
             be
             hanged
             ,
             if
             he
             did
             not
             testifie
             against
             me
             ;
             for
             he
             had
             given
             information
             ,
             and
             been
             in
             hire
             for
             many
             moneths
             together
             ;
             Major
             Cobbet
             ,
             and
             three
             other
             Messengers
             have
             come
             to
             him
             ,
             and
             offered
             him
             preferment
             for
             four
             moneths
             together
             ,
             if
             hee
             would
             reveale
             what
             hee
             calls
             a
             design
             against
             the
             Common-wealth
             ,
             and
             he
             hath
             not
             revealed
             this
             till
             he
             had
             these
             promises
             of
             preferment
             ;
             and
             did
             not
             declare
             against
             me
             till
             he
             was
             threatned
             by
             death
             if
             he
             did
             not
             do
             it
             ;
             therefore
             I
             beseech
             you
             hear
             what
             Witnesses
             I
             can
             bring
             in
             to
             invalidate
             the
             testimonies
             of
             these
             men
             .
          
        
         
           
             At.
             Gen.
             
          
           
             My
             Lord
             ,
             it
             seems
             I
             must
             be
             for
             all
             ;
             now
             
               M.
               Love
            
             begins
             with
             the
             Court
             ,
             that
             you
             threatned
             them
             ,
             and
             punished
             them
             ;
             I
             appeale
             to
             all
             here
             ,
             whether
             a
             Witnesse
             brought
             into
             a
             Court
             in
             matter
             of
             property
             ,
             and
             refuse
             to
             take
             his
             Oath
             ,
             whether
             that
             Court
             be
             not
             bound
             in
             iustice
             to
             punish
             him
             ,
             and
             yet
             if
             he
             shall
             see
             his
             error
             ,
             and
             submit
             himself
             to
             do
             that
             which
             to
             justice
             belongs
             ,
             then
             (
             I
             think
             )
             it
             is
             justice
             and
             mercy
             in
             you
             to
             remit
             him
             of
             both
             ;
             and
             that
             is
             the
             case
             of
             this
             Gentleman
             ;
             in
             conscience
             ,
             he
             could
             not
             swear
             against
             him
             ,
             a
             conscience
             well
             wrought
             upon
             ;
             he
             could
             not
             in
             conscience
             sweare
             against
             him
             :
             for
             him
             it
             was
             done
             in
             the
             Court
             ,
             and
             by
             the
             Court
             ,
             and
             (
             I
             thinke
             )
             undeniably
             justified
             .
          
        
         
           
             M.
             Love.
             
          
           
             He
             is
             not
             under
             an
             oath
             to
             this
             day
             ,
             he
             hath
             declared
             it
             himself
             .
          
        
         
           
             At.
             Gen.
             
          
           
             This
             is
             to
             satisfie
             other
             men
             ,
             but
             it
             is
             not
             so
             regular
             ,
             and
             orderly
             to
             be
             done
             ;
             but
             my
             Lord
             ,
             and
             the
             Court
             are
             pleased
             to
             give
             you
             a
             faire
             hearing
             ,
             and
             proceedings
             ,
             that
             no
             Exceptions
             may
             bee
             taken
             to
             it
             :
             there
             was
             another
             that
             was
             as
             good
             as
             his
             word
             ,
             that
             hee
             could
             not
             finde
             in
             his
             conscience
             to
             sweare
             against
             Mr.
             Love
             ,
             and
             that
             was
             a
             Minister
             ,
             that
             conscience
             deserved
             to
             be
             rectified
             more
             than
             five
             hundred
             pound
             comes
             to
             ,
             and
             perpetuall
             imprisonment
             :
             that
             man
             that
             cannot
             finde
             in
             his
             conscience
             to
             judge
             him
             that
             was
             a
             godly
             person
             (
             as
             hee
             thought
             )
             and
             against
             him
             hee
             must
             not
             give
             witness
             ,
             not
             for
             Treason
             ,
             not
             to
             save
             a
             Common-wealth
             ;
             
             and
             he
             hath
             had
             your
             sentence
             ,
             and
             most
             justly
             ;
             I
             thinke
             all
             that
             was
             ,
             was
             too
             little
             ,
             my
             Lord.
             Then
             for
             the
             rest
             ,
             this
             is
             a
             discourse
             to
             satisfie
             people
             ,
             the
             Spectators
             here
             ;
             for
             surely
             these
             are
             extravagancies
             ,
             and
             totall
             irregularities
             ;
             he
             hath
             had
             his
             time
             to
             except
             ,
             and
             heard
             to
             except
             ,
             and
             said
             all
             that
             he
             hath
             said
             now
             ;
             and
             so
             there
             is
             nothing
             more
             to
             be
             done
             ,
             but
             now
             for
             us
             to
             rest
             in
             your
             judgments
             what
             you
             will
             do
             further
             .
          
        
         
           
             M.
             Love.
             
          
           
             I
             beseech
             you
             ,
             I
             acquainted
             your
             Lordship
             and
             the
             Court
             ,
             that
             some
             of
             the
             Witnesses
             were
             not
             well
             ,
             others
             I
             could
             not
             get
             them
             here
             present
             ,
             but
             did
             make
             offer
             to
             bring
             Witnesses
             to
             prove
             against
             Major
             Adams
             ,
             that
             he
             hath
             confessed
             himselfe
             he
             was
             threatned
             with
             death
             if
             he
             did
             not
             inform
             against
             me
             ,
             and
             he
             said
             these
             words
             ,
             he
             could
             not
             tell
             whether
             he
             should
             in
             conscience
             think
             rather
             better
             to
             be
             hanged
             then
             to
             come
             in
             against
             me
             ;
             and
             he
             could
             swear
             only
             generalls
             ,
             and
             could
             not
             sweare
             that
             ever
             I
             did
             write
             or
             receive
             Letters
             :
             and
             M.
             Jaquel
             himself
             ,
             since
             he
             was
             sent
             away
             from
             the
             Court
             ,
             hath
             said
             he
             was
             not
             under
             an
             Oath
             .
          
        
         
           
             At.
             Gen.
             
          
           
             What
             course
             shall
             we
             hold
             ?
             if
             you
             will
             not
             be
             regular
             ,
             let
             the
             Court
             be
             regular
             :
             had
             you
             not
             time
             for
             to
             do
             it
             then
             ?
             Did
             he
             not
             demand
             Indempnity
             for
             them
             ?
             and
             rather
             than
             he
             would
             produce
             others
             to
             hurt
             themselves
             ,
             he
             would
             rather
             die
             himself
             first
             .
          
        
         
           
             M.
             Love.
             
          
           
             But
             these
             are
             not
             under
             a
             crime
             ,
             I
             beseech
             you
             ,
             the
             Court
             would
             be
             tender
             in
             matters
             of
             blood
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Be
             tender
             of
             justice
             .
          
        
         
           
             L.
             Pres
             .
          
           
             I
             would
             you
             had
             been
             so
             too
             .
          
        
         
           
             M.
             Love.
             
          
           
             This
             man
             declares
             himself
             he
             is
             not
             under
             an
             Oath
             to
             this
             day
             ,
             he
             did
             but
             put
             his
             hand
             upon
             his
             bttons
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Those
             were
             your
             very
             words
             ,
             and
             very
             uncivill
             and
             indiscreet
             ;
             you
             have
             not
             spoke
             at
             any
             time
             yet
             ,
             but
             you
             have
             hurt
             your self
             more
             than
             any
             body
             els
             hath
             ,
             and
             yet
             your
             language
             is
             so
             liberall
             ,
             that
             no
             man
             shall
             escape
             the
             lash
             of
             your
             tongue
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             feare
             no
             man
             ,
             my
             Lord.
             
          
        
         
           
             At.
             Gen.
             
          
           
             That
             is
             a
             bold
             word
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             have
             as
             ill
             Comments
             as
             any
             man
             that
             wears
             a
             cap
             ;
             your
             guiltiness
             appears
             in
             this
             you
             say
             ;
             we
             have
             heard
             all
             this
             that
             you
             require
             before
             ;
             those
             very
             words
             that
             you
             say
             of
             this
             man
             now
             particularly
             ,
             go
             to
             them
             first
             ,
             that
             he
             was
             saying
             ,
             he
             was
             not
             under
             an
             Oath
             .
             It
             was
             said
             so
             again
             ,
             and
             again
             ,
             and
             again
             at
             that
             time
             we
             brought
             him
             ,
             and
             before
             he
             was
             examined
             ,
             holding
             up
             his
             hand
             ,
             we
             asked
             him
             it
             ,
             and
             he
             said
             he
             did
             ,
             and
             put
             it
             to
             him
             again
             ,
             and
             again
             ,
             Are
             you
             under
             an
             Oath
             ?
             till
             at
             the
             last
             he
             did
             conclude
             and
             testifie
             he
             was
             under
             an
             Oath
             ;
             I
             testifie
             this
             before
             all
             the
             company
             here
             ,
             this
             is
             noised
             abroad
             ,
             again
             by
             many
             people
             ,
             the
             care
             we
             had
             of
             that
             very
             man
             you
             speak
             of
             ,
             you
             asked
             him
             three
             or
             four
             times
             then
             ,
             and
             at
             the
             last
             upon
             the
             conclusion
             ,
             he
             confessed
             himselfe
             he
             was
             under
             an
             Oath
             ,
             hee
             did
             not
             doe
             as
             you
             doe
             ,
             you
             will
             say
             things
             are
             truth
             ,
             but
             you
             will
             not
             speake
             those
             Truths
             before
             God
             in
             a
             testimoniall
             way
             ,
             though
             some
             of
             your
             Witnesses
             that
             proved
             ,
             said
             it
             was
             true
             in
             the
             presence
             of
             God
             ,
             what
             they
             gave
             under
             their
             hands
             ;
             these
             men
             that
             do
             thus
             ,
             are
             no
             better
             than
             Jesuits
             in
             reality
             ,
             though
             not
             in
             name
             .
             You
             made
             a
             Confession
             of
             misprision
             of
             Treason
             you
             said
             ,
             but
             you
             have
             confessed
             Treason
             .
             I
             will
             tell
             you
             who
             did
             the
             like
             in
             the
             very
             words
             almost
             that
             you
             did
             ,
             and
             that
             was
             Father
             Garnet
             ,
             when
             hee
             came
             to
             see
             the
             evidence
             produced
             so
             full
             against
             him
             by
             those
             that
             were
             
               participes
               criminis
            
             ,
             as
             you
             are
             ,
             himselfe
             confessed
             when
             hee
             came
             to
             the
             last
             ,
             Had
             I
             thought
             (
             saith
             hee
             )
             that
             the
             State
             had
             had
             such
             cleare
             proofe
             against
             mee
             ,
             I
             would
             have
             ingenuously
             confessed
             it
             ,
             and
             not
             trifled
             with
             them
             as
             I
             have
             done
             :
             So
             you
             said
             ,
             you
             did
             not
             thinke
             it
             would
             have
             been
             proved
             so
             farre
             as
             misprision
             ;
             but
             when
             it
             was
             proved
             sufficiently
             in
             your
             apprehension
             ,
             and
             convicted
             ,
             and
             your
             counsell
             had
             informed
             you
             it
             could
             not
             be
             lesse
             than
             misprision
             ,
             then
             you
             would
             ingenuously
             confesse
             ,
             so
             did
             Garnet
             .
             The
             other
             witness
             that
             was
             threatned
             ,
             it
             was
             testified
             by
             a
             worthy
             Captaine
             ;
             I
             speak
             it
             again
             ,
             was
             not
             it
             debated
             as
             much
             as
             the
             wit
             of
             man
             could
             ?
             did
             you
             not
             object
             that
             then
             that
             you
             do
             now
             ?
             and
             did
             not
             the
             Court
             then
             satisfie
             you
             ,
             or
             at
             least
             satisfie
             themselves
             that
             it
             was
             not
             so
             ?
             For
             I
             tell
             you
             in
             that
             verie
             thing
             wherein
             you
             say
             he
             was
             threatned
             ,
             it
             was
             told
             you
             ,
             that
             the
             Captaine
             that
             was
             here
             then
             ,
             deposed
             what
             hee
             had
             done
             ,
             and
             how
             hee
             had
             done
             it
             ,
             and
             at
             what
             time
             it
             was
             delivered
             ;
             for
             you
             were
             discovered
             long
             before
             that
             ,
             and
             your
             Examinations
             taken
             long
             before
             that
             ;
             upon
             this
             now
             when
             your
             Treason
             was
             discovered
             and
             declared
             by
             severall
             Witnesses
             ,
             and
             that
             such
             a
             one
             was
             in
             confederacy
             ,
             and
             I
             think
             the
             State
             might
             safely
             promise
             him
             life
             ,
             and
             reward
             too
             ;
             for
             there
             is
             more
             in
             the
             plot
             yet
             ,
             then
             is
             yet
             found
             out
             ,
             and
             that
             some
             are
             like
             to
             hear
             of
             within
             this
             fortnight
             ,
             that
             were
             here
             ,
             which
             is
             a
             dangerous
             thing
             ;
             but
             this
             you
             did
             declare
             ,
             and
             the
             Court
             was
             satisfied
             ,
             
             
             
             that
             all
             that
             was
             promised
             as
             a
             reward
             ,
             was
             for
             discovering
             of
             a
             plot
             against
             the
             State
             :
             and
             that
             was
             lawfull
             by
             the
             Lawes
             of
             God
             and
             man.
             And
             now
             you
             bring
             Witnesse
             ;
             you
             were
             at
             first
             demanded
             whether
             you
             would
             bring
             them
             or
             no
             ;
             and
             you
             asked
             indempnity
             for
             them
             ,
             and
             the
             next
             time
             you
             denyed
             you
             would
             bring
             none
             ;
             and
             now
             you
             are
             asked
             what
             you
             have
             to
             offer
             to
             the
             Court
             ,
             and
             after
             all
             this
             time
             ,
             what
             come
             you
             to
             doe
             now
             ?
             to
             prove
             that
             that
             was
             acted
             here
             in
             the
             Court
             ;
             you
             say
             ,
             we
             threatned
             them
             ;
             true
             ,
             that
             we
             did
             threaten
             some
             ,
             and
             I
             think
             we
             went
             thus
             far
             ,
             that
             if
             he
             would
             not
             ,
             we
             would
             set
             five
             hundred
             pounds
             fine
             upon
             his
             head
             ;
             but
             he
             would
             none
             of
             that
             ,
             but
             came
             in
             again
             ,
             and
             delivered
             his
             knowledg
             .
             But
             you
             had
             another
             of
             your
             own
             Robe
             too
             that
             came
             in
             ,
             and
             hee
             would
             not
             testifie
             ,
             and
             why
             ?
             His
             conscience
             was
             tender
             ;
             his
             science
             was
             perfect
             enough
             to
             speak
             against
             you
             ;
             for
             hee
             was
             confederate
             with
             you
             ,
             and
             hath
             confessed
             enough
             of
             it
             ;
             but
             his
             conscience
             was
             tender
             :
             No
             man
             can
             tell
             here
             whose
             conscience
             is
             crazy
             ,
             and
             tender
             ;
             conscience
             is
             a
             thing
             betwixt
             God
             and
             man
             onely
             ;
             and
             they
             that
             lay
             nothing
             upon
             their
             Consciences
             to
             prove
             their
             integrity
             ,
             they
             had
             as
             good
             say
             nothing
             before
             a
             Judg
             ;
             for
             though
             wee
             have
             a
             Law
             of
             Conscience
             in
             England
             ,
             yet
             that
             Law
             is
             judged
             by
             rules
             ;
             and
             therefore
             he
             ,
             whoever
             he
             be
             that
             pretends
             Conscience
             ,
             there
             are
             so
             many
             consciences
             ,
             as
             there
             are
             men
             ,
             and
             no
             men
             have
             power
             to
             judge
             of
             it
             but
             God
             ;
             but
             Sir
             ,
             for
             that
             cause
             that
             he
             would
             not
             for
             his
             tender
             conscience
             ,
             we
             did
             set
             a
             fine
             of
             500
             ●
             .
             upon
             him
             ,
             and
             sentenced
             him
             to
             the
             Fleet
             til
             he
             paid
             it
             :
             we
             call
             not
             this
             terrifying
             ,
             neither
             doth
             the
             law
             ;
             nor
             any
             reward
             favour
             nor
             affection
             ,
             for
             the
             discovery
             of
             a
             Traitour
             ,
             is
             no
             illegall
             act
             ,
             this
             wee
             told
             you
             before
             ;
             but
             you
             must
             have
             it
             again
             ,
             and
             again
             ,
             and
             again
             ;
             so
             that
             you
             may
             delay
             ,
             no
             time
             shall
             be
             omitted
             by
             you
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             have
             but
             a
             few
             words
             more
             ;
             your
             Lordship
             was
             pleased
             to
             say
             ,
             that
             you
             could
             justifie
             promising
             rewards
             to
             those
             that
             would
             discover
             ,
             and
             threatning
             punishments
             to
             those
             that
             would
             not
             ;
             but
             you
             said
             ,
             if
             I
             could
             prove
             promising
             of
             rewards
             or
             threatnings
             to
             them
             that
             would
             not
             testifie
             against
             me
             ,
             they
             should
             be
             heard
             ;
             now
             I
             produce
             not
             witnesses
             in
             generall
             ,
             that
             they
             were
             promised
             favour
             or
             threatned
             if
             they
             would
             or
             would
             not
             ;
             but
             I
             offer
             to
             produce
             witnesses
             that
             can
             witness
             against
             some
             of
             the
             particular
             witnesses
             ,
             that
             said
             they
             should
             be
             hanged
             ,
             if
             they
             did
             not
             witnesse
             against
             me
             ;
             and
             this
             ,
             as
             your
             Lordship
             promised
             ,
             I
             humbly
             crave
             .
          
        
         
           
             At.
             Gen.
             
          
           
             Truly
             he
             will
             not
             want
             suggestions
             ,
             he
             hath
             had
             his
             time
             to
             prove
             it
             ,
             and
             one
             favour
             I
             shall
             beg
             of
             the
             Court
             ,
             that
             this
             your
             patience
             to
             Mr.
             Love
             ,
             your
             just
             favour
             toward
             him
             ,
             may
             be
             no
             president
             hereafter
             ;
             but
             for
             this
             ,
             when
             we
             closed
             the
             Evidence
             Saturday
             was
             sevennight
             for
             the
             Common-wealth
             ,
             he
             had
             till
             Wednesday
             following
             to
             make
             his
             Defence
             ;
             for
             his
             witnesse
             he
             offered
             them
             ,
             you
             offered
             to
             receive
             them
             ,
             he
             said
             he
             would
             have
             none
             ,
             now
             he
             comes
             to
             offer
             ;
             we
             produce
             you
             no
             new
             witnesse
             ,
             nor
             offered
             nothing
             since
             Saturday
             was
             sevennight
             ,
             if
             we
             come
             to
             witnesses
             again
             ,
             we
             shall
             come
             to
             an
             aspersing
             one
             another
             ,
             we
             shall
             make
             it
             a
             prety
             endlesse
             work
             ;
             we
             have
             done
             our
             parts
             ,
             and
             followed
             the
             rules
             of
             Justice
             ,
             and
             Mr.
             Love
             hath
             had
             his
             full
             liberty
             to
             justifie
             ,
             to
             say
             what
             he
             could
             ,
             and
             prove
             what
             he
             could
             for
             himselfe
             ;
             if
             he
             neglect
             his
             own
             time
             ,
             to
             his
             own
             perill
             be
             it
             ;
             the
             Court
             I
             hope
             will
             not
             be
             guilty
             of
             it
             to
             alter
             the
             wayes
             of
             Justice
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             could
             not
             compell
             witness●s
             ,
             there
             was
             no
             
               Sub
               poenas
            
             ,
             but
             they
             must
             come
             when
             they
             offer
             themselves
             .
          
        
         
           
             L.
             Pres
             .
          
           
             You
             were
             asked
             ,
             and
             you
             would
             produce
             none
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             They
             were
             not
             in
             a
             capacity
             to
             come
             ,
             my
             Lord.
             
          
        
         
           
             At.
             Gen.
             
          
           
             There
             is
             nothing
             resting
             more
             to
             be
             done
             ,
             but
             now
             all
             being
             done
             (
             if
             you
             please
             my
             lord
             all
             being
             done
             )
             for
             the
             issue
             of
             the
             Fact
             ,
             all
             his
             exceptions
             to
             the
             impeachments
             ,
             which
             are
             matters
             of
             Law
             ;
             we
             are
             now
             humbly
             craving
             your
             judgement
             upon
             this
             impeachment
             between
             the
             Keepers
             of
             the
             Liberty
             of
             England
             ,
             and
             Master
             Love
             the
             Prisoner
             at
             the
             Bar.
             I
             now
             humbly
             demand
             your
             judgement
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             humbly
             pray
             ,
             that
             since
             I
             never
             saw
             the
             face
             of
             this
             worthy
             Gentleman
             ,
             till
             this
             morning
             ,
             and
             so
             could
             have
             no
             particular
             advice
             from
             him
             ,
             that
             there
             might
             be
             longer
             time
             allowed
             to
             this
             Gentleman
             ,
             and
             an
             addition
             of
             three
             Gentlemen
             more
             ,
             and
             a
             coppy
             of
             the
             Charge
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             You
             have
             had
             more
             then
             ordinary
             Prisoners
             have
             had
             before
             ,
             I
             will
             assure
             you
             ,
             
               Mr.
               Love.
            
             
          
        
         
           
             L.
             Pres
             .
          
           
             
               M.
               Hales
            
             you
             have
             heard
             a
             little
             opened
             of
             our
             passages
             and
             proceedings
             which
             you
             did
             not
             before
             ,
             but
             every
             man
             else
             hath
             lift
             up
             his
             voice
             ;
             you
             have
             gone
             over
             a
             great
             deal
             of
             the
             fact
             :
             now
             for
             matter
             of
             Law
             ,
             for
             that
             of
             misprision
             ,
             that
             will
             rest
             (
             I
             thinke
             )
             in
             the
             judgement
             of
             the
             Court
             ;
             
             there
             is
             no
             misprision
             laid
             ,
             but
             Treason
             ,
             and
             I
             think
             the
             Court
             will
             find
             ●reason
             upon
             the
             proofs
             that
             are
             before
             them
             ,
             they
             will
             not
             need
             to
             have
             any
             Argument
             of
             misprision
             ,
             if
             the
             Court
             think
             there
             is
             sufficient
             Treason
             laid
             ,
             then
             that
             Argument
             ,
             we
             need
             not
             desire
             no
             more
             time
             for
             that
             ,
             and
             if
             it
             be
             misprision
             ,
             that
             the
             Court
             shall
             judge
             it
             so
             ,
             then
             upon
             the
             matter
             there
             is
             no
             Charge
             against
             him
             for
             us
             to
             proceed
             upon
             ,
             so
             that
             by
             that
             Charge
             ,
             I
             cannot
             see
             what
             you
             can
             ground
             your
             Argument
             upon
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             The
             Charge
             is
             not
             only
             for
             Treason
             ,
             but
             for
             Treason
             and
             other
             High
             crimes
             ,
             and
             mis●demeanors
             .
          
        
         
           
             At
             Gen.
             
          
           
             But
             not
             misprision
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             Though
             the
             word
             be
             not
             in
             ,
             we
             think
             it
             will
             reach
             it
             .
          
        
         
           
             L.
             Pres
             .
          
           
             It
             will
             not
             indeed
             .
          
        
         
           
             At.
             Gen.
             
          
           
             We
             insist
             upon
             it
             for
             the●
             Commonwealth
             ,
             for
             the
             Charge
             is
             as
             it
             is
             laid
             .
          
        
         
           
             L.
             Pres
             .
          
           
             For
             the
             two
             next
             ,
             so
             I
             told
             M.
             Love
             before
             ,
             and
             he
             spent
             two
             hours
             at
             the
             least
             in
             capitulating
             the
             evidence
             of
             the
             State
             ,
             not
             any
             thing
             of
             his
             own
             ,
             for
             he
             gave
             no
             Witnesses
             ;
             but
             he
             did
             go
             over
             the
             whole
             evidence
             of
             the
             State
             from
             point
             to
             point
             ,
             and
             made
             ,
             I
             think
             ,
             himself
             (
             as
             he
             said
             )
             the
             Exceptions
             that
             were
             made
             against
             them
             ;
             these
             he
             went
             over
             ,
             though
             we
             might
             have
             shut
             him
             up
             at
             the
             first
             :
             for
             him
             to
             summ
             up
             that
             which
             was
             the
             duty
             of
             the
             Court
             ,
             when
             he
             had
             no
             evidence
             ,
             to
             summ
             up
             the
             Evidence
             of
             the
             State
             ,
             which
             wee
             might
             not
             have
             let
             him
             :
             but
             this
             he
             did
             ;
             and
             it
             is
             our
             part
             to
             examine
             the
             Evidences
             ,
             and
             the
             nature
             of
             them
             ,
             and
             what
             the
             nature
             of
             the
             thing
             is
             ,
             and
             how
             many
             Witnesses
             are
             to
             every
             point
             :
             whether
             there
             be
             two
             Witnesses
             to
             a
             point
             or
             no
             ,
             cannot
             fall
             under
             dispute
             of
             law
             ,
             it
             is
             matter
             of
             fact
             .
          
        
         
           
             Mr.
             Hales
             .
          
           
             It
             is
             true
             ,
             we
             are
             here
             only
             to
             do
             that
             duty
             that
             your
             Lordship
             injoyns
             us
             to
             (
             my
             Lord.
             )
             It
             is
             true
             ,
             for
             us
             to
             dispute
             whether
             this
             evidence
             proveth
             such
             a
             thing
             or
             no
             ,
             haply
             it
             may
             not
             belong
             to
             us
             to
             do
             that
             :
             But
             thus
             far
             ,
             if
             your
             Lordship
             think
             fit
             ,
             this
             may
             haply
             be
             allowable
             (
             with
             submission
             to
             the
             Court
             )
             that
             is
             ,
             whether
             ,
             if
             the
             proofs
             be
             admitted
             ,
             this
             man
             positively
             proves
             thus
             ,
             the
             o●ther
             man
             proves
             positively
             thus
             ;
             whether
             that
             these
             two
             proofs
             do
             make
             a
             proof
             of
             one
             fact
             ,
             haply
             (
             if
             your
             Lordship
             shall
             so
             think
             fit
             )
             there
             may
             be
             somewhat
             of
             Law
             in
             that
             ;
             that
             is
             ,
             whether
             it
             make
             a
             double
             Testimony
             within
             the
             Statute
             of
             Primo
             and
             Quinto
             :
             For
             (
             with
             submission
             to
             your
             Lordship
             )
             the
             Statute
             of
             Primo
             and
             Quinto
             is
             not
             repealed
             as
             to
             point
             of
             Testimony
             ;
             it
             is
             repealed
             as
             to
             the
             place
             from
             whence
             the
             triall
             is
             to
             come
             ;
             but
             not
             in
             point
             of
             Witnesses
             ,
             therein
             it
             may
             come
             in
             questionlesse
             (
             if
             your
             Lordship
             shall
             think
             fit
             :
             )
             But
             truly
             ,
             I
             have
             not
             seen
             one
             word
             of
             the
             evidence
             from
             the
             beginning
             to
             the
             end
             ;
             and
             if
             so
             be
             that
             any
             matter
             should
             rise
             ,
             that
             the
             Court
             should
             think
             fit
             ,
             as
             well
             as
             proper
             for
             me
             to
             offer
             in
             the
             defence
             of
             this
             Gentleman
             ,
             I
             must
             professe
             I
             cannot
             ,
             unlesse
             I
             had
             seen
             the
             things
             ;
             for
             I
             have
             not
             seen
             one
             word
             .
          
        
         
           
             L.
             Pres
             .
          
           
             For
             seeing
             the
             Evidence
             further
             then
             memory
             ,
             you
             nor
             no
             man
             else
             ought
             to
             know
             ,
             though
             wee
             have
             given
             leave
             to
             write
             ;
             and
             therefore
             though
             wee
             have
             given
             leave
             to
             take
             notice
             of
             them
             ,
             yet
             that
             is
             more
             then
             ever
             any
             Court
             did
             ,
             or
             we
             need
             to
             have
             done
             ,
             but
             onely
             to
             trust
             to
             their
             own
             memories
             :
             but
             in
             that
             you
             speak
             of
             now
             ,
             for
             you
             to
             have
             day
             to
             argue
             ,
             when
             you
             are
             not
             able
             to
             say
             ,
             nor
             we
             neither
             ,
             that
             there
             is
             any
             such
             thing
             .
             Did
             you
             ever
             hear
             such
             a
             thing
             ,
             to
             pray
             day
             to
             argue
             that
             you
             do
             not
             know
             positively
             it
             is
             so
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             We
             have
             spent
             a
             great
             deal
             of
             time
             ,
             and
             all
             that
             can
             be
             said
             will
             be
             but
             to
             run
             a
             round
             :
             What
             is
             to
             be
             done
             ,
             is
             your
             own
             consultation
             among
             your selves
             .
          
        
         
           
             L.
             Pres
             .
          
           
             Withdraw
             your
             prisoner
             .
          
        
         
           
             Mr.
             Love.
             
          
           
             I
             beseech
             you
             ,
             allow
             me
             time
             for
             Councell
             .
          
        
         
           The
           Court
           adjourns
           .
        
         
      
    
     
       
         
           
             
             
             
               Another
               of
               Master
               Loves
               to
               his
               Wife
               .
            
             
               
                 More
                 dear
                 to
                 me
                 than
                 ever
                 ,
              
            
             
               IT
               adds
               to
               my
               rejoycing
               ,
               that
               I
               have
               so
               good
               and
               gracious
               a
               wise
               to
               part
               with
               for
               the
               Lord
               Jesus
               :
               In
               thy
               grief
               ,
               I
               have
               been
               grieved
               ;
               but
               in
               thy
               joy
               ,
               I
               have
               been
               comforted
               .
               Surely
               ,
               nature
               could
               never
               help
               thee
               to
               bear
               so
               heavy
               a
               stroke
               ,
               with
               so
               much
               silence
               and
               submission
               to
               the
               hand
               of
               God!
               O
               dearest
               ,
               every
               line
               thou
               writest
               ,
               gladdeth
               my
               heart
               .
               I
               dare
               not
               think
               that
               there
               is
               such
               a
               creature
               as
               
                 Ma●y
                 Love
              
               in
               the
               world
               ;
               for
               Kit
               ,
               and
               Mall
               ,
               I
               can
               think
               of
               them
               without
               trouble
               ,
               leaving
               them
               to
               so
               good
               a
               God
               ,
               and
               so
               good
               a
               Mother
               .
               Be
               comforted
               concerning
               thy
               Husband
               ,
               who
               may
               more
               honour
               God
               in
               his
               death
               than
               in
               his
               life
               ;
               the
               will
               of
               the
               Lord
               be
               done
               ,
               he
               is
               fully
               satisfied
               with
               the
               hand
               of
               God.
               Though
               there
               be
               but
               little
               between
               him
               and
               death
               ,
               he
               knows
               ,
               there
               is
               but
               little
               between
               him
               and
               heaven
               ;
               and
               that
               ravisheth
               his
               heart
               .
               The
               Lord
               bless
               and
               require
               thee
               for
               thy
               wise
               and
               good
               counsel
               ;
               thou
               hast
               prevented
               me
               ,
               the
               very
               things
               I
               thought
               to
               have
               written
               to
               thee
               ,
               thou
               hast
               written
               to
               me
               :
               I
               have
               had
               more
               comfort
               from
               thy
               gracious
               letter
               ,
               than
               from
               all
               the
               counsel
               I
               have
               had
               from
               any
               else
               in
               the
               world
               ;
               well
               ,
               be
               assured
               ,
               we
               shall
               meet
               in
               heaven
               .
               I
               rest
               ,
               till
               I
               rest
               in
               heaven
               .
            
             
               
                 From
                 the
                 Tower
                 ,
                 
                   the
                   Lords
                   Day
                   .
                
              
               
                 Thy
                 dying
                 ,
                 but
                 comforted
                 Friend
                 ,
                 
                   CHRISTOPHER
                   LOVE
                
                 .
              
            
          
        
         
           
             
               Another
               of
               Master
               Loves
               to
               his
               Wife
               .
            
             
               
                 My
                 dearest
                 delight
                 on
                 Earth
                 ,
              
            
             
               I
               Was
               fast
               asleep
               when
               thy
               Note
               came
               .
               I
               bless
               God
               ,
               I
               break
               not
               an
               hours
               sleep
               for
               all
               my
               sufferings
               ;
               I
               know
               they
               work
               for
               me
               
                 a
                 more
                 exceeding
                 and
                 eternal
                 weight
                 of
                 glory
                 .
              
               I
               slept
               this
               night
               from
               ten
               at
               night
               ,
               till
               seven
               in
               the
               morning
               ,
               and
               never
               waked
               .
               My
               Dear
               ,
               I
               am
               so
               comforted
               in
               the
               gracious
               supports
               God
               gives
               thee
               ,
               that
               my
               burdens
               are
               the
               lighter
               on
               my
               shoulders
               because
               they
               are
               not
               so
               heavy
               on
               thine
               ;
               or
               if
               they
               be
               heavy
               ,
               yet
               that
               God
               helps
               thee
               to
               hear
               them
               .
               The
               Lord
               keep
               it
               in
               the
               purpose
               of
               our
               hearts
               for
               ever
               ,
               to
               submit
               to
               the
               good
               pleasure
               of
               God.
               I
               bless
               God
               I
               do
               find
               my
               heart
               in
               as
               quiet
               and
               composed
               a
               temper
               as
               ever
               I
               did
               in
               all
               my
               life
               .
               I
               am
               till
               I
               dye
               ,
            
             
               
                 From
                 the
                 Tower
                 ,
                 
                   August
                   18.
                   1651.
                   
                
              
               
                 Thy
                 tender
                 hearted
                 Husband
                 ,
                 
                   CHRISTOPHER
                   LOVE
                
                 .
              
            
          
        
         
           
             
               Master
               Loves
               last
               Letter
               to
               his
               Wife
               ,
               on
               the
               day
               he
               suffered
               .
            
             
               
                 My
                 most
                 gracious
                 Beloved
                 ,
              
            
             
               I
               Am
               now
               going
               from
               a
               Prison
               to
               a
               Palace
               ;
               I
               have
               finished
               my
               work
               ,
               I
               am
               now
               to
               receive
               my
               wages
               ;
               I
               am
               going
               to
               heaven
               ,
               where
               are
               two
               of
               my
               children
               ,
               and
               leaving
               thee
               on
               the
               earth
               where
               are
               three
               of
               my
               babes
               ;
               those
               two
               above
               need
               not
               my
               care
               ,
               but
               the
               three
               below
               need
               thine
               .
               It
               comforts
               me
               to
               think
               two
               of
               my
               children
               are
               in
               the
               bosome
               of
               Abraham
               ,
               and
               three
               of
               them
               will
               be
               in
               the
               arms
               and
               care
               of
               so
               tender
               and
               godly
               a
               Mother
               :
               I
               know
               thou
               art
               a
               woman
               of
               a
               sorrowfull
               spirit
               ,
               yet
               be
               comforted
               :
               though
               thy
               sorrow
               be
               great
               for
               thy
               Husbands
               going
               out
               of
               the
               world
               ;
               yet
               thy
               pains
               shall
               be
               the
               less
               in
               bringing
               thy
               child
               into
               the
               world
               ;
               thou
               shalt
               be
               a
               joyfull
               Mother
               ,
               though
               thou
               beest
               a
               sad
               Widdow
               .
               God
               hath
               many
               mercies
               in
               store
               for
               thee
               ;
               the
               prayers
               of
               a
               dying
               Husband
               for
               thee
               will
               not
               be
               lost
               .
               To
               my
               shame
               I
               speak
               it
               ,
               I
               never
               pray'd
               so
               much
               for
               thee
               at
               liberty
               ,
               as
               I
               have
               done
               in
               prison
               .
               I
               cannot
               write
               more
               ,
               but
               I
               have
               a
               few
               practical
               counsels
               to
               leave
               with
               thee
               ,
               viz.
               
            
             
               1.
               
               Keep
               under
               a
               found
               ,
               orthodox
               ,
               and
               soul-searching
               Ministry
               ;
               Oh
               there
               are
               many
               deceivers
               gone
               out
               into
               the
               world
               ,
               but
               Christs
               sheep
               know
               his
               voice
               ,
               and
               a
               stranger
               will
               they
               not
               follow
               .
               Attend
               on
               that
               Ministry
               that
               teaches
               the
               way
               of
               God
               in
               truth
               ,
               and
               follow
               Solomons
               advice
               ,
               Prov.
               19.27
               .
               
                 Cease
                 to
                 bear
                 instruction
                 that
                 causes
                 to
                 erre
                 from
                 the
                 ways
                 of
                 knowledg
                 .
              
            
             
               2.
               
               Bring
               up
               thy
               children
               in
               the
               knowledg
               and
               admonition
               of
               the
               Lord
               :
               the
               mother
               ought
               to
               be
               a
               teacher
               in
               the
               fathers
               absence
               ,
               Prov.
               19.27
               .
               
                 The
                 words
                 which
                 his
                 mother
                 taught
                 him
                 :
              
               and
               Timothy
               was
               instructed
               by
               his
               Grandmother
               Lois
               ,
               and
               his
               mother
               Eunice
               ,
               2
               Tim.
               1.5
               .
            
             
             
               3.
               
               Pray
               in
               thy
               family
               daily
               ,
               that
               thy
               dwelling
               may
               be
               in
               the
               number
               of
               the
               families
               that
               do
               call
               on
               God.
               
            
             
               4.
               
               Labour
               for
               a
               meek
               and
               quiet
               spirit
               ,
               which
               is
               in
               the
               sight
               of
               God
               of
               great
               price
               ,
               1
               Pet.
               3.4
               .
            
             
               5.
               
               Pore
               not
               on
               the
               comforts
               thou
               wantest
               ,
               but
               on
               the
               mercies
               thou
               hast
               .
            
             
               6.
               
               Look
               rather
               at
               Gods
               end
               in
               afflicting
               ,
               than
               at
               the
               measure
               and
               degree
               of
               thy
               afflictions
               .
            
             
               7.
               
               Labour
               to
               clear
               up
               thy
               evidences
               for
               heaven
               ,
               when
               God
               takes
               from
               thee
               the
               comforts
               of
               earth
               ,
               that
               as
               thy
               sufferings
               do
               abound
               ,
               so
               thy
               consolations
               in
               Christ
               may
               abound
               much
               more
               ,
               2
               Cor.
               1.4
               .
            
             
               8.
               
               Though
               it
               is
               good
               to
               maintain
               a
               holy
               jealousie
               of
               the
               deceitfulness
               of
               thy
               heart
               ,
               yet
               it
               is
               evill
               for
               thee
               to
               cherish
               fears
               and
               doubts
               ,
               about
               the
               truth
               of
               thy
               graces
               ;
               If
               ever
               I
               had
               confidence
               touching
               the
               grace
               of
               another
               ,
               I
               have
               confidence
               of
               grace
               in
               thee
               ;
               I
               can
               say
               of
               thee
               as
               Peter
               did
               of
               Silvanus
               ,
               I
               am
               perswaded
               that
               this
               is
               the
               grace
               of
               God
               wherein
               thou
               standest
               ,
               1
               Pet.
               5.12
               .
               Oh
               my
               dear
               soul
               ,
               wherefore
               dost
               thou
               doubt
               ,
               whose
               heart
               hath
               been
               upright
               ,
               whose
               walkings
               have
               been
               holy
               ,
               &c.
               
               I
               could
               venture
               my
               soul
               in
               thy
               souls
               stead
               ,
               such
               a
               confidence
               have
               I
               of
               thee
               .
            
             
               9.
               
               When
               thou
               findest
               thy
               heart
               secure
               ,
               presumptuous
               and
               proud
               ,
               then
               pore
               upon
               corruption
               ,
               more
               than
               upon
               grace
               ;
               but
               when
               thou
               findest
               thy
               heart
               doubting
               and
               unbelieving
               ,
               then
               look
               on
               thy
               graces
               ,
               not
               on
               thy
               infirmities
               .
            
             
               10.
               
               Study
               the
               covenant
               of
               grace
               and
               merits
               of
               Christ
               ,
               and
               then
               be
               troubled
               if
               thou
               canst
               .
               Thou
               art
               interested
               in
               such
               a
               covenant
               that
               accepts
               purposes
               for
               performances
               ,
               desires
               for
               deeds
               ,
               sincerity
               for
               perfection
               ,
               the
               righteousness
               of
               another
               ,
               viz.
               that
               of
               Jesus
               Christ
               ,
               as
               if
               it
               were
               thine
               own
               .
               Oh
               my
               Love
               !
               rest
               ,
               rest
               then
               in
               the
               love
               of
               God
               ,
               in
               the
               bosome
               of
               Christ
               .
            
             
               11.
               
               Swallow
               up
               thy
               will
               in
               the
               will
               of
               God
               ;
               it
               is
               a
               bitter
               cup
               we
               are
               to
               drink
               ,
               but
               it
               is
               the
               cup
               our
               Father
               hath
               put
               into
               our
               hands
               ,
               When
               Paul
               was
               to
               go
               to
               suffer
               at
               Jerusalem
               ,
               the
               Christians
               could
               say
               ,
               The
               will
               of
               the
               Lord
               be
               done
               ;
               Oh
               ,
               say
               thou
               ,
               when
               I
               go
               to
               Tower-hill
               ,
               The
               will
               of
               the
               Lord
               be
               done
               .
            
             
               12.
               
               Rejoyce
               in
               my
               joy
               ;
               to
               mourn
               for
               me
               inordinately
               ,
               argues
               that
               either
               thou
               enviest
               ,
               or
               suspectest
               my
               happiness
               .
               The
               joy
               of
               the
               Lord
               is
               my
               strength
               ,
               oh
               let
               it
               be
               thine
               also
               .
               Dear
               wife
               ,
               farewell
               ;
               I
               will
               call
               thee
               wife
               no
               more
               ,
               I
               shall
               see
               thy
               face
               no
               more
               :
               yet
               I
               am
               not
               much
               troubled
               ,
               for
               now
               I
               am
               going
               to
               meet
               the
               Bridegroome
               the
               Lord
               Jesus
               Christ
               ,
               to
               whom
               I
               shall
               be
               eternally
               marryed
               .
            
             
               
                 
                   From
                   the
                   tower
                   of
                   London
                
                 ,
                 
                   22th
                   August
                   ,
                   1651.
                   
                   The
                   day
                   of
                   my
                   glorification
                   .
                
              
               
                 Thy
                 Dying
                 ,
                 yet
                 most
                 Affectionate
                 Friend
                 till
                 death
                 ,
                 
                   CHRISTOPHER
                   LOVE
                
                 .
              
            
          
        
         
           FINIS
           .
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A65962-e63250
           
             Psal
             .
             7.10.12.5
             .
          
           
             John
             2
             ▪
             19.
             
             Mar.
             24.57.58
             .
          
           
             
               This
               passage
               of
               C.
            
             Potters
             ,
             
               [
               Mr.
               Love
               ,
               I
               have
               news
               to
               shew
               you
               ]
               was
               through
               some
               mistake
               left
               out
               of
               his
               Depositions
               .
            
          
           
             Pro.
             6.13
             
          
           
             2
             Cor.
             1.10
             .
             Job
             5.19
             .