Defence, as in all Courts, where such proceedings were used, was allowed. If it be objected, That it was not used in cases of Treason, I answer, it is true; if they hold the ancient way of Trials, not; but if they proceed this way, it is but just; and otherwise the Court are at liberty to use all means, public or private, to catch me; but I have none to defend myself: so that it appears that they seek not to do jus tice, but execution. resolution, or engagement, to levy a war is not treason, I refer myself to my lord Coke, 3 Inst. fol. 14 and 38, who tells us (and he is a man of credit) in his book (printed and allowed for law by the houses, when they were two) that a conspiracy (and this Engagement amounts not to so much, but rather to an intention only to conspire) to raise a war (as hath been said, and so resolved) is no treason by the act of Edw. 3, until the war levied, as within, or to be reached by those words in that law (Overt Act); and if it were not Treason in those words in the original, it falls not within the words of the transTation of this new-born law, viz. by any open deed. As to the first and third branches of the Engagement, which are interwoven, I conclude that neither of them, that is to say, neither the Oath nor the Resolution, are Treasons, either within the old or the new laws, either in respect of the persons against whom, or the progress made in the thing itself. 2. As to the owning of Charles 2, it falls not within your law; for that it is not a publishing, proclaiming, or publicly declaring his title. The words of the act are, proclaim, declare, publish, or any way promote,' which promoting is matter of action more than a private owning And this by the oath itself was not to be published, nor could, without publishing the engagement itself, which was contrary to the oath. And though it may be objected, that the raising the war could not be done, but by publishing his Title, and the Engagement at last; yet that, if it be granted, was no forwarder than an intendment; no more was this publishing, and being not done, falls not within your act. The crimination of the State is but guessed at by implication (for they are not named) to be meant, and I believe your law reaches only to things literal, and not constructive only; and for the word Rebels, I hope they will not take that to themselves, and the word Opposers is a very innocent expression, and at the worst is all but a scandal. And whether they be confronted or examined, these questions are to be propounded, either viva voce, or by Interrogatory; and if by Interrogatory, I must stand upon a fair way of examination, viz. That some one from me, as well as one for the State's behalf, may be present, and set down the Examinations or Depositions; and that I may have a copy of them, as well against me, as for me, as well taken already by the State, or to be taken upon my motion. The Questions. 1. Whether he knows major' Barnard, how long? &c. What communication and correspondence concerning me, or my actions beld between them? Whether he knew of the supposed design against the isle of Ely, and of the late Engagement? How he knew them, and upon what reason, and to what end discovered to him, and by whom? 2. Whether he did inform the state (or any member of the council) of them, and how long he hath so informed?' 3. Whether he ever had in his custody the Engagement under the hands and seals, and my letter to sir John Gell? If so, where, and whe ther not at Gravesend at my being there? Whether he were sent to watch me, and knew of my being there, before my being apprehended? The same questions, mutatis mutandis, to be propounded to Barnard; and forther to him, and to Benson, Holmes, Ashley, Smith, as they are marked. 4. Whether he did propound in both designs to me, or I to him? Whether I sought him, or he me? In what disposition he found me, upon the time by the Act limited for departure? &c. 5. Whether he were real to me in the parti culars of persons, confederates, or money, ready to engage and to be advanced; and if not, then to what end he feigned these to me? Lastly, Be this Engagement what it will, yet the terms upon which I signed and sealed it were such, as that it was my act not absolute, but upon condition, and to be undone and avoided, in case of the non-co-engaging of others, by the State's decoy assured to be ready to do 6. Whether the letters by him to me proit, and at whose instance and for whose satis-duced from Smith, and Thatch or Thatcher, faction it was pretended to be desired at my were true, or feigned; and if feigned, to what hands. end, and by whom set on work? If the Court proceeds by way of Indictment, then I shall move, that those persons may be confronted, whom, in my Narrative, Examinations, and Letters, I have named, and that I may demand of them, &c. As also, that major Parker may be produced, to be likewise demanded of, as a person by me lately, and since my papers sent to the State, discovered to be of the plot to betray me. If the Court proceed by way of Articles, and upon Examinations taken against me, I desire, and that is but reason, that I may examine my 7. Whether he were set upon me, to watch my ways and motions? And whether he were not promised, or did design unto himself profit for the discovering of me, and such whom I should bring in? 8. Whether I framed, or ever read the said supposed design? Or was to be de futuro acquainted with it? 9. Whether he brought, or I sought Benson, or Holmes? And whether confederates with him, or designed upon by him? 10. Whether my engagement were absolute, 11. Whether copies of letters weekly shewed to me were real or feigned? And if feigned, why pretended to be real? 12. Whether there were really any Kentish, Dorset, or Buckinghamshire men, and who, confederates? &c. er conditional, and what I signified at my de- | his years, taken from further opportunity of parture, and upon Barnard's not coming; and doing service to himself, his friends, the ComEhere Barnard was pretended to be, and where monwealth, or especially to God. It seldom he really was? What promise I had concerning happens but upon very great cause; and though, the return of my engagement, in case sir John truly, if my general known course of life were Gell did not engage at Gravesend? enquired into, I may modestly say, there is such a moral honesty, as some may be so forward as to expostulate, why this great judgment is fallen upon me? But know, I am able to give them and myself an answer; and out of this breast, to give a better account of my judgment and execution, than my judges themselves, or you are able to give. It is God's just displeasure towards me, for my sins long unrepented of; many judgments withstood, and mercies slighted; therefore doth my gracious Father chastise me with this correction, that he may not lose me; and I pray you assist me with your prayers, that this rod may not be fruitless: that when under his rod I have laid down my life, by his staff I may be comforted, and received into glory. These preparations formerly made in rough Notes, were transcribed and put into form, and finished the 8th day of July, 1650, by God's good assistance; notwithstanding my abundant disadvantages of close imprisonment, and want of books, or advice; and I commit and submit the issue to God, whom I beseech to fortify my spirit, and enlarge my understanding, when they shall come to be made use of; myself resolving to be the law's confessor while I live, and (if called to it) to be the law's martyr, when I die by the hand of the impending violence, under the specious name of justice. Sed terras Astræa reliquit,-et His Exceptions to his Triers. I am very confident, by what I have heard since my sentence, there are more exceptions made against the proceedings against me, than ever I made; my Triers had a law, and the validity of that law is indisputable for of it; I should but shame myself and my me to say against it, or to make a question discretion. In the strictness of the law, something is done by me, that is applicable to some clause therein, by which I stand condemned; the means by which I was brought A person trying, viz. a Juror, and in this way under that interpretation, of that which was not of Trial he is such, ought to be a freeman, viz. in myself intended maliciously, being testimony not in person, but in his pre-judicating opinion; given by persons whom I pity, so false, yet so which he is not, having published that the Re-positive, that I cannot condemn my judges for spondent was the greatest Traitor in England, and that there was enough under his hand to hang him the Respondent. Sir William Roe, captain John Stone, two of my Triers, were employed to examine the Respondent, on the 2nd of July, 1650, and brought with them all the evidence against him; and therefore in their capacity of my Triers, by the rule in challenges, they are challengeable, and incapable to sit. But no regard was had to any of his Exceptions, or any Answer returned to his questions; and he was ordered to be beheaded. The last SPEECH of Col. EUSEBIUS ANDREWE, on the Scaffold on Tower-hill, August 22, 1650. The Lieutenant of the Tower delivering the Colonel to the Sheriff, said, He had brought him thus far on his journey. The Colonel replied, I hope I shall neither tire in the way, nor go out of it. When he came on the Scaffold (kissing the block) he said, I hope there is no more but this block between me and heaven. After he had been some while on the Scaffold, he spake to the people as followeth : Colonel Andrewe. Christian Gentlemen and good People; Your business here this day is to see a sad spectacle, a man brought in a moment to be unmanned, cut off in the prime of passing sentence against me according to legal justice; for equity lies in higher breasts. For my accusers, or rather betrayers, I pity, and am sorry for them; they have committed Judas's crime, I wish aud pray for them St. Peter's tears; and I wish other people so happy, they may be taken up betimes, before they have drunk more blood of Christian men, possibly, less deserving than myself. It is true, there have been several addresses made for mercy, and I will lay the obstructions to nothing more than my own sins; and seeing God sees it fit, (I having not glorified him in my life) I shall do it in my death, I am content. I profess, in the face of God, particular malice to any one of the state or parliament, to do them a personal injury, I had never; for the cause in which I had a great while waded, I must say, my engagements and pursuance in it, hath laid no scruple upon my conscience; it was upon principles of law, whereof I am a professor, and upon principles of religion, my judgment rectified, and my conscience satisfied, that I have pursued these ways; for which, I bless God, I find no blackness upon my conscience, nor have I put this into the bead-roll of my sins. I presume not to decide controversies, I desire God to glorify himself in prospering that side that hath right with it, and that you may enjoy peace and plenty here, when I shall enjoy my God. In my conversation in the world, I do not know where I have an enemy with cause, or that there is a person to whom I have regret ; but if there be any whom I cannot recollect, under the notion of Christian men, I pardon them as freely as if I had named them; yea, I forgive all the world, as I desire my heavenly Father for his Christ's sake to forgive me. For the business of death, it is a sad sentence in itself, if men consult with flesh and blood But, truly, without boasting I say it, or if I do boast, it is in the Lord, I have not to this minute had one consultation with flesh about the blow of the ax, or one thought of it, more than my passport to glory. Dr. You acknowledge you deserve more than this stroke of the axe, and that a far greater misery is due to you, even the pains and torments of hell, that the damned there endure. Col. I know it is due in righteous judgment; but I know again, I have a satisfaction made by my elder brother Christ Jesus, and then I say it is not due; it is due from me, but acquitted by his mediation. Dr. Do you believe to be saved by that inediation, and no other? Col. : I take it as an honour, and I owe a thankfulness to those under whose power I am, that they have sent me hither to a place, however of punishment, yet of some honour, to die a death somewhat worthy my blood; and this courtesy of theirs hath much helped towards the satisfaction of my mind. I shall desire God, that those gentlemen in that sad bead-roll to be tried by the High Court of Justice, that they may find that really there, that is nominal in the Act, An High Court of Justice, or Court of High Justice;' high in its righteousness, not in its severity: no more clouded with the testimony of folks that sell blood for gain. Father, forgive them, and I forgive them as I desire thee to forgive me. I desire you now to pray for me, and not give over praying until my last moment ; that as I have a very great load of sins, so I may have the wings of your prayers assisting those angels that shall convey my soul to Heaven. And I doubt not but I shall there see my blessed Saviour, and my gallaut master the king of England, and another master which I much honour, my lord Capel; hoping this day to see Christ in the presence of the Father, the king in the presence of him, my lord Capel in the presence of them all, and myself with them, and all Saints, to rejoice for ever more. Dr. Sradling. You have this morning, in the pre-ence of a few, given some account of your Religion, and under general notions of words, have given account of your Faith, Charity and Repentance: (then speaking to the standers-by) if you please to hear the same questions asked here, you shall, that it may be a general testimony to you all, that he dieth in the favour of God. (To the Colonel.) Now, Sir, begin to deal with you; you do acknowledge, that this stroke you are by and by to sutier, is a just punishment laid upon you by God for your former sins. Col. Andrewe. I dare not only not deny it, but dare not but confess it. I have no opportunity of glorifying God more, than by taking shame to myself; and I have a reason of justice for justifying God in my own bosom, which I have intrusted to yours. By that, and that only, renouncing all secondary causes. Dr. Are you truly and unfeignedly sorry before God, as you appear to us, for all these sins that have brought you hither? Col. I am sorry, and can never be sorrow ful enough, and am sorry that I cannot be more sorry. Dr. If God should by a miracle, not to put you to a vain hope, but if God should, as he did to Hezekiah, renew your days, what life do you resolve to lead hereafter? Col. It is a question of great length, requires a great time to answer; men in such streights would promise great things; but I would first call some friends to limit how far I should make a vow, that I should not make a rash one, and so offer the sacrifice of fools: but a vow I would make, and by God's help endeavour to keep it. Dr. Do you wish health and happiness upon all lawful authority and government. Col. I do prize all obedience to lawful government, and the adventuring against them is sinful; and I do not justify myself, whatever my judgment be, for my thus venturing against the present government; I leave it to God to judge whether it be righteous; if it be, it must stand. Dr. Are you now in love and charity with all men? Do you freely forgive them? Col. With all the world freely; and the Lord forgive them, and forgive me, as I freely forgive them. Dr. You have for some late years laid down the gown, and took up the sword, and you were a man of note in these parts where you had your residence; I have nothing to accuse you for want of diligence in hindering the doing of injuries; yet possibly there might be some wrong done by your officers, or those under you, to some particular men; if you had your estate in your hands, would you make restitution. Col. The wrongs themselves you bring to my mind are not great nor many; some things of no great moment; but such as they are, my desire is to make restitution, but have not wherewithal. Dr. If you had ability, you would likewise leave a legacy of thankfulness to Almighty God; something to his poor servants, to his lame members, to his deaf members, to his dumb members. Col. My will hath been always better than my ability that way. Dr. Sir, I shall trouble you very little farther; I thank you for all those heavenly Colloquies I have enjoyed by being in your company these three days: and truly I am very sorry I must part with so heavenly an associate: we have known one another heretofore, but never to Christianity before; I have rather been a scholar to learn from you, than an instructor. I wish this stage whereon you are made a spectacle to God, angels and the world, may be a school to all about you; for though I will not diminish your sins, nor shall conceal or hypocrize my own, for they are great ones between God and myself; but I think there are few here have a lighter load upon them than you have, if we consider things well, and I only wish them your repentance, and that measure of faith God hath given you, and that measure of courage you have attained from God, and that constant perseverance God hath crowned you hitherto with.-Col. His name be praised! Here the Doctor prayed with him almost a quarter of an hour, after which the Colonel turning himself again to the people, spake as followeth : "One thing more I desire to be clear in; there lieth a common imputation upon the cavaliers, that they are papists, and under that name we are made odious to those of the contrary opinion. I am not a papist, but renounce the pope with all his dependencies. When the distractions in religion first sprung up, I might have been thought apt to turn off from this church to the Romish, but was utterly unsatisfied in their doctrine in point of faith, and very much as to their discipline. The religion I profess, is that which passeth under the name of Protestant, though that be rather a name of distinction, than properly essential to religion: but that Religion found out in the Reformation, purged from all the errors of Rome, in the reign of Edw. 6, practised in the reign of queen Elizabeth, king James, and king Charles, that blessed prince deceased; that religion, before it was defaced, I am of, which I take to be Christ's catholic, though not the Roman catholic religion. "Then he turned himself to the Executioner: I have no reason to quarrel with thee; thou art not the hand that throws the stone: I am not of such estate to be liberal, but here is 31. for thee, which is all I have; now tell me what I lack?" Executioner. Your hair to be turned up. Col. Shew me how to fit myself for the block. After which, his doublet off, his hair turned up, he turned himself about to the people, and prayed a good while. Before he lay down to the block, he spake to the people as followeth : "There is none that looks upon me, though many faces, and perhaps different from me in opinion and practice, but hath something of pity in it; and may that mercy that is in your hearts, fall into your own bosoms when you have need of it: and may you never find such a block of sin to stand in the way of your mercy as I have met with. "I beseech you join with me in prayer." Then he prayed, leaning on the scaffold, half a quarter of an hour. Having done, he had some private conference with Dr. Swadling; then he taking his leave of the sheriff and his friends, kissing them, and saluting him next him, he prepared himself for the block, kneeling down, said, let me try the block; which he did. After casting his eyes, and fixing them very intentively above, he said, when I say, ' Lord Jesus receive me,' Executioner then do thy office." Then kissing the axe, he lay down, and with as much undaunted, yet Christian courage as possibly could be in man, did he expose his throat to the fatal axe, his life to the executioner, and commended his soul into the hands of God, as into the hands of a faithful and merciful creator, through the meritorious passion of a gracious redeemer. Saying the fore-mentioned words, his head was stricken off at one blow. He died very resolutely.* Vera copia exam. * Mr. Whitlocke in his Memorials, page 473, says, "The High Court of Justice (afterwards) proceeded against sir John Gell, and he was sentenced by the High Court, for Misprision of High-Treason, to forfeit his estate, and to be imprisoned during his life. Page 474. Capt. Ashley was sentenced by the High Court of Justice to have his head cut off, and one Benson to be hanged, for conspiring against the Commonwealth, in the treasonable engagement of col. Andrewe. Mr. Beason was executed at Tyburn (the 7th of October 1650,) according to the sentence of the High Court of Justice; but in regard that capt. Ashley only subscribed the Engagement, but acted nothing in it, he was pardoned by the parliament." 188. The Trial of Mr. CHRISTOPHER LOVE,* before the High Court of Justice, for High Treason: 3 CHARLES II. A. D. 1651.* [Published by John Farthing, Citizen of London, who took the Trial in the said Court for Mr. Love, and at his own Request.] THE Court being set, and called over, the Lieutenant of the Tower was commanded to bring forth his Prisoner: And inaster Love was brought to the bar. After the reading of divers late Acts of Parliament concerning Treason, master Prideaux, the Attorney-General for the Commonwealth, spake as followeth: Oldmixon gives a short, petulant and false account of this Trial. Neal, in his History of the Puritans is more correct. "The English Presbyterians," says Kennett, "had been startled at the murder of the king, and more disturbed at the prevalence of an independent faction in the army. Under these grievances and jealousies, they leaned much toward hopes and help from their Scotch brethren, and for their sakes were inclined for the restoration of the king as in covenant with them. This zeal for their own cause carried many of the Presbyterian ministers in London into a correspondence with the kirk, and so into a plot for the king, distinguished by the name of the Prebyterian Plot. This was soon discovered by the vigilancy of the government, and by the forwardness of the men concerned: so Mr. Love, Mr. Jenkins, Mr. Drake, very eminent Presbyterian divines, were seized by order of the council of state, and in order to their trial, were on May 7, brought before the high court of justice; and Mr. Love was first charged with bigh treason against the state and commonwealth of England, for holding correspondence with the king and his party, and supplying them with arms and money, contrary to an act of parliament in that case provided. He at first disputed the authority of the court, and then insisted upon his own merits in promoting the cause of the parliament; and terrified Mr. Jackson a minister from giving in evidence against him: for which obstinate refusal he was fined by the court 500/. and commited to the Fleet. At another appearance, June 25, be did at last confess, that the conspirators met at his house for furthering the Scots designs; and that letters were received, and answers were sent from thence; but equivocated in excuses, that he did not do it himself, and that he did not personally act any thing, &c. In short though he had Mr. Matt. Hale for an advocate, and the whole party for solicitors, on July 5, he received sentence to be beheaded; and the day of execution was appointed on the 15th. Before the day, very fervent petitions were presented from himself and his friends, to the parliament, for pardon of his life; which, on long debate, passed in the negative. And on the very day appointed for execution, several Attorney-General. My lord, you have heard several Acts of Parliament read, and the of fences 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. And you may please to take his answer to it, whether by confession or otherwise. ministers in and about London came with a most importunate petition to the house, praying earnestly, and "in the bowels of Jesus Christ, who when we were sinners died for us, if not totally to spare the life of our dear brother; that yet you would say of him, as Solomon of Abiathar, that at this time he shall not be put to death." Upon which the parliament granted him a reprieve for one month. Within this time, all possible solicitations were used to the men in power; and particular application was made to Cromwell, then in Scotland, who sent back a letter of his free consent to the pardon of him: but the post-boy being seized by some cavaliers, they searched his pacquet, and with special indignation tore the letter relating to Mr. Love, as thinking him not worthy to live who had been such a firebrand in the treaty at Uxbridge. "The Council of State and leaders in the parliament hearing nothing from Cromwell, and not finding the ingenuous discovery and humble submission which they expected from Mr. Love (after the condemnation of two other of his accomplices, Mr. Potter and Mr. Gibbons) they vacated his reprieve, and recommitted him to the High Court of Justice, by whose order he was executed on Tower-Hill with Mr. Gibbons on Aug. 22. "This blow helped to widen the breach between the presbyterians and the prevailing powers: for from this time the Presbyterians were always suspected of loyalty to the king, and the parliament and army were always jealous of them. Aug. 31, was appointed a day of thanksgiving for the success of the parliament's forces in Scotland and against the earl of Derby; and we are told, That the ministers who were not of the rigid Presbyterian judgment, were zealous in the duties of the day; but some of the more rigid persons did not think fit to observe that order, but dropt it in public, and had their private meetings to pray to God to bless their brethren of the Presbytery and the cause they were engaged in.' And Oct. 24, being kept for a solemn rejoicing over the king's defeat at Worcester, was so much slighted and slovenly observed by some of them, that they hardly escaped a public censure. Though it was the |