the rest, that shall be believed as the evidence is. ment, that hath gone along with them, acted for them, suffered for them, done as he hath Mr. Love. It is in my second Protestation. done, that this man should be called to public Att. Gen. Again,' saith he, I do like-justice: I hope, my lord, all that hear me bear witness, that I think, my lord, we are all sensible of it. * wise 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 Scotish nation since the war began. I protest and declare likewise in the presence of the same God, I * never collected, gave or lent penny of money either to send into Scotland, or any foreign parts, either to the king of Scots, or to the queen his mother, or to the church or state of Scotland in general, or to any particular per'son of the Scotish nation, since the wars be'gan. But that Mr. Love did not move others to contribute, we have not a word of that. Truly, I did think it when he spoke it? But it seems these asseverations were studied to evade, and that he would speak true, but not the whole truth. I have given them but a touch; these may be true, my lord, but, under favour, there is something else that is as true, and goes almost as near as this. My lord, Mr. Love the last day had your patience and justice to make a large Defence, and he was very large in it; and though he did beat us down that are the counsel for the pubhc, that we should not use oratory, nor flourishes, nor querks of law, nor niceties, in which I shall be guided by him, and shall not do it; yet he is pleased fully to make use of all insinuations to the Court to trip up every Witness upon niceties, upon not-expression, upon nonsense, and such, my lord, which I shall not follow him in: for I shall deal as truth ought to deal, in pure nakedness and simplicity, and not ase any oratory, but to set the matter of fact before you, and leave it unto the Court, who are the judges between the commonwealth and himself for life and death. But, my lord, you shall give me leave to touch upon some few things in the late Defence of his; it was divided into four parts. The first, the Charge; the second, the Witnesses and Testimony, both in one: The Witnesses for the Persons, the Testimony for the Fact. The third, concerning himself; the fourth, some Proposals to the Court which truly, my lord, might better have been termed rather Threatenings than Proposals. My lord, for the Charge, you have heard it 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 myself, and all that are well-wishers to the public, that any man that hath been a friend to the Parlia But, my lord, look upon who hath been the cause of it; let that be looked into, and every man will be satisfied in his own judgment and conscience, whether Mr. Love were provoked, or no, or whether he hath not provoked the state to bring him to be thus exemplary in justice. Mr. Love says, my lord, (I shall desire to make use of the Paper) "I confess it is not so much the danger of my life; I am a sickly man, and I know a disease will ere-long kill me, whatsoever you do with me: But this grieves me more, That I should suffer from your hands, for whom I have done and suffered so much in my obscure station, and according to my weak measure. Had I been so dealt with at Oxford, at the Juncto there! But to be so dealt withal in Westminster-ball, this troubles me." And, my lord, it doth trouble me to deal so with him. My lord, whether may we or himself take up this complaint? Had the state been thus used by a Cavalier, by a professed open enemy, it had not been so much trouble to us; you would have come to justice upon a little more desire than now : But that Mr. Love, a minister, a minister of the gospel, a man that 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 joined, or in confederacy with others to undermine the state, where he did live peaceably and quietly, where none interrupted him: He had a free liberty, as much as a king in this commonwealth: Truly, that Mr. Love should do this, it is (I think) an aggravation; and not an aggravation upon the Court or State, that they should prosecute where a man is prosecuting them. What he hath done, my lord, you have heard; what his offences have been, and who gave the cause; That a minister should do this; one that had a calling otherwhere, and better to employ himself, than to meddle with states and secular affairs: And these things to be done in Mr. Love's house, and in his study, where he should have been studying better things. My lord, next he says, "I could not leave such relations as I have, nor such a loving people and competent living, as any minister hath within London, only conscience carried me another way; and till conscience be satisfied, I cannot stir one jot." My lord, this his conscience, I do not know what it hath to do in government, or what Mr. Love's conscience had to do in these affairs. He had a calling of his own to use; and should I go out of my calling, and meddle with other men, I humbly conceive I were a busy-body. Love had a calling enough for any one man to employ himself in; and, methinks, when he says he had such a relation to a loving people, a competency of livelihood, that he should not apply himself to return to them, but to wander Mr. thority, for the same declared ends, and against the same malignant persons, I should manifest as much readiness of mind to engage, accordcard Shuren ing to my measure," erd, dx care and he, taon, are sort them, yet med, ford OPSELE Ice, and 485 Scotland wcou be mere for KEN BY words: isa rebels, Samand." I vable would x laid by that y le his ) a clause in it, ས we incendia- s of the Cove asa as a private wed you now, Fustaf some After this where he had mentioned his troubles at Oxford, when a scholar there; and at London, when he came to be a lecturer 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 interpose with him, till he did interpose with us. He went out of his way, my lord: He was quiet and safe, in as much security as any of us; and, my lord, even those that were 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 requited them. My lord, I will repeat it: I appeal to his own couscience, and to any of his friends here, whether ever, till his judgment and conscience did interpose in state-affairs,to dispose of kingdoms and commonwealths, whether ever he were in the least interrupted. My lord, he says himself, when he came to be a lecturer in London, the bishop would not admit of him in three years; yet my lord, he is admitted here three years, and none hath interrupted him. And yourself say, you have a competent livelihood, and a people very loving to you; and you might have so continued if you would. My lord, his proposals to the Court, I do say, were hardly fair Proposals; for they had a little of threatening in them: "For" (says he) "if you censure rather upon a political interest, than of the merit of the fact, the Scripture courts it not justice, but murder." Truly, my lord, I think justice is a political interest, the preservation of the general: But surely I do not think the pers. n will come in judgment bethe fore you, but the merit of his fact; and as yet I may say, I suppose the treasons he hath comsables | mitted, if those find him guilty, if the Court *' an inds him guilty of those facts laid to his charge, dave, and if you are satisfied in your judgments that Poceo they are proved, my lord, it is justice, not murder; and it is justice that which political interest requires of you, that justice be done upon se the prisoner. And he is pleased to say in his last Defence, That he denied the Commission to be sent, and entitling the Presbyterian party to it: and he hoh acknowledged it had been very ah presumption if they should have done it, ad a notorious falshood. And in that I join 15pm Chasuble 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 himself hath acknowledged, it is right done to the Presbyterian party, who, I am sure, will not own him in it. My lord, but a word more: This last day he was pleased to mention his Serinon; * which made me a little to enquire after it: It was preached at Uxbridge, (my lord, I had the honour 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 Sernion here. [Mr. Attorney-General reads out of the Book, which he said was Mr. Love's Sermon.] "I have ever thought that too much mercy towards Malignants hath made more Delinquents + than ever justice hath done. Mercy should not weigh down justice;" (my lord, these are good instructions.) “In God they are both equal; why should it not be so in man? Pity to the bad, 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 judginent 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 be troubled Israel. Oh, that in this our state-physicians would resemble God, to cut off those from the land, who have distempered it;" (I suppose he meant, or shall do.) That, my lord, was his opinion then. "And those who lie under the guilt of much innocent blood are not meet persons to be at peace with, till all the guilt of blood be expiated either by the sword of the law, or the law of the sword; and a peace can never be safe nor just till then." What Mr. Love hath endeavoured since, my lord, I shall say nothing. And I have but one word more, and it is this; my lord, he says it is not likely to have a peace with such imen as these, the Malignant party, while they continue thus. "We can as soon 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, betore we can agree." My lord, I think there is little hope of their growing better; and, my lord, we have not grown worse. My lord, I shall trouble you no further: I shall use nothing of aggravation; but as justice is blinded, so let the Evidence Clar. Hist. vol. 2. p. 445. + For what Clarendon, Oldmixon and Hume say of these appellations, see the notes to vol. 3, pp. 21, 111, 837. | appear to you in pure nakedness. My lord, you have heard the Evidence (as I humbly conceive) in the same language, in the same habit, in the same words, as spoken by the Witnesses: And, my lord, having heard those, and the laws, and the Charge against him, upon the whole I shall humbly leave him to stand or fall by your justice and judgment. Love. My lord, I humbly crave leave to speak but one word: Mr. Attorney-General 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. Att. Gen. If I have given any new Evidence, Mr. Love ought to be heard: But, my sages in his Sermon, I do not orge one word of lord, I have declined it. And for those PasEvidence 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 Uxbridge should be an occasion, I shall cast it uside. Love. I humbly conceive there are new suggestions expressed in Court by those worthy gentlemen, whose names I know not, nor their employments neither. But as to those I shall humbly crave leave in a word or two; and then, as to the whole matter of the Depositions, I shali humbly offer some matter of law, arising upon the whole matter given in. Att. Gen. I shall crave leave too, my lord, and leave it to you: For any suggestions, they are but suggestions, as Mr. Love says himself; and that is nothing for the evidence. Mr. Love, my lord, had the last day, and I should have this. 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, then the whole was closed, and no new evidence. I did not auswer all the suggestions of Mr. Love the last day: his evidence and depositions will conclude the Court, that it is not suggestions and insinuations; the Court are above these. When the evidence is closed for the Commonwealth, let it be concluded there: If they offer any new evidence, Mr. Love may have liberty to answer. Love. Though I dare not tax Mr. Attorney General for discharging his duty in his place; yet for the preservation of my own life, I must not be wanting to myself, if your lordship and the Court will give leave; and that is humbly to beseech your lordship to take notice that Mr. Attorney General, 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 and Tirus held correspondency; and that the ministers knew nothing of it. Att. Gen. I do not say you did. Love. Therefore I beseech you I may not he judged upon that matter: and then I beseech your lordship to observe that Mr. Attor abroad: And when we once wander, it is hard Coming in again, till perchance we are fetched in again with the whip. But, my lord, Mr. Love had other relations, of wife and children, which he might have looked upon also, and taken care of them. In the last place, he is pleased to say, (and that I believe hath carried on his 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. Mr. Love is pleased to declare himself still to retain his old principles, from which, by the grace of God, he will not be taken off by any terror. My lord, you will hear by and by what the Covenant he supposes leads him to: And, my lord, I shall take it asunder, and bring it next, if you please, that is the Covenant-Interest. Says Mr. Love, "Though I own not the way of managing any Papers, 1 neither writ them, nor sent them, yet thus far I own the thing; I confess it was agreeable to my judgment and conscience, and I thought the interest of Godliness would be more promoted, if the king went into Scotland upon Covenant-Terms; it would be more for the good of the nation." Love. No, Sir, those are not my words: I said, "Than to fall in with the Irish rebels, or to offer this kingdom to the Spaniard." I thought a greater foundation of trouble would be laid, if this reception were not laid by that nation. And the Covenant 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 only divide the king from his people but the kingdoms one from another. Now they declaring him to be their king, according to my apprehension, I thought it agreeable to my Covenant to pray and desire, as a private man, and no more, that there might be an agreement upon those terms, consisting with religion and the terms of the Cove nant. thority, for the same declared ends, and against the same malignant persons, I should manifest as much readiness of mind to engage, according to my measure." After this where he had mentioned his troubles at Oxford, when a scholar there; and at London, when he came to be a lecturer 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 interpose with him, till he did interpose with us. He went out of his way, my lord: He was quiet and safe, in as much security as any of us; and, my lord, even those that were 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 requited them. My lord, I will repeat it: I appeal to his own conscience, and to any of his friends here, whether ever, till his judgment and conscience did interpose in state affairs,to dispose of kingdoms and commonwealths, whe ther ever he were in the least interrupted. My lord, he says himself, when he came to be a lecturer in London, the bishop would not admit of him in three years; yet my lord, he is admitted here three years, and none hath interrupted him. And yourself say, you have a competent livelihood, and a people very loving to you; and you might have so continued if you would. My lord, his proposals to the Court, I do say, were hardly fair Proposals; for they had a little of threatening in them: "For" (says he) "if you censure rather upon a political interest, than of the merit of the fact, the Scriptore courts it not justice, but murder." Truly, my lord, I think justice is a pohtical interest, the preservation of the general: But surely I do not think the person will come in judgment before you, but the merit of his fact; and as yet I may say, I suppose the treasons he bath com Att. Gen But had you gone on as a private man, Mr. Love, we had not stirted you now. My lord, this is plain of itself what interest this Covenant interest is,"Till the king and the people in the two nations, &c." Truly my lord, Mr. Love is pleased to express himself somewhat obliquely against the present government : He saith, my lord, "When Hook upon all the Vows, Covenants, Declarations, Protestations, of both houses of parliament, I find a suitable-mitted, if those hind him gity, if the Court ness between my jud ment and them, and am not conscious to myself of any thing I have done in opposition or contradict o 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 ourselves, and honoured among the nations round at out us. I am so for from repenting of what I have one,' beth by doing, and contributing, and suffering, in the parliament's quarrel, that were it to be done again upon the same unquestionable au finds him guilty of those facts laid to his charge, and if you are satisfied in your judgments that they are proved, my lord, it is justice, not morder; and it is justice that which political interest requires of you, that justice be done upon the prisoner. And he is pleased to say in his last Defence, Thit he denied the Commission to be seat, and entiting the Presbyterian party to it: and he heh acknowledged it had been very tih presumption if they should have done it, and a notorious falshood. And in that I join with him; and whether he hath not done 10, Vou, more en the law to do it: you you might d time in a but is willing, if arivice of counst upon for , it such excepby the advice of ate the upon this account may seem to you and others, ave the that we have had something of great difficulty before; 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 counsel, yet it is not under your counsel's hand, nor your own, which in order it should be. We have considered of them; and our examining of them hath taken up a great deal of this time we have been absent. We find that there may haply be some mistakes in your Notes: therefore it is resolved, though there seem not much difficulty to us, yet you shall have counsel, thus doing, That they shall set it down under their hands, what Matter of Law they will argue to, and bring it under their hands, upon Tuesday next at eight o'clock, to this place, or to the Painted Chamber. Exceptions.] topher Love, clerk, reason, and other ces, exhibited to the e against him by 9. Attorney General th of England. not here printed, for that e properly afterwards; Substance given into the by Mr. Love's Counsel, of them then debated in Hale, a Counsel for Mr 1. Gen. He did read his papers; I think it ore than ever was beard of in any court in world. But to take his papers in by your ork; I hope this is no Replication to the Charge: I hope he answers not that way; then we shall dispute that way again.. If he gives pipers, I may; and, as ambassadors, treat by papers. Ld. President. Mr. Love, we have gone [The Court adjourns into the Painted Chamber: Love. Shall the Counsel have only bare liberty, or will the Court assign them me? Lord President. If you desire it, and name them, they shall be assigned you. Love. I desire Mr. Maynard, Mr. Hale, Mr. Waller, and Mr. Archer. [The Clerk was called upon to read the Order.] Clerk. " Friday, the 27th of June, 1651. Ordered by the High Court of Justice, That if the Prisoner's Counsel shall under their hands assign any Matters of Law, fit to be argued and presented to this Court, on Tuesday next at eight o'clock in the morning, this Court will take the same into further consi deration." Love. I would know whether they are assigned to plead here in Court, or to bring a Paper under their hands. Lord President. If they will, under their hands, set down what they will stand to for law, it shall be considered, and they shall plead. Love. I humbly thank your lordship's favour, and the favour of the Court. [Mr. Love is commanded away. The Court adjourns.] The Fifth Day's Proceedings, July the 1st, 1651. These Exceptions following, signed by Mr. Love's Counsel, were delivered this morning by Mr. Love's Solicitor 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 Edmond Prideaux, esq. Attorney-General for the Commonwealth of England, against Christopher Love, clerk; and Matter of Law, humbly presented to the said High Court, according to the Direction of an Order hereunto annexed. [For this Order, see above.] First, The Charge is, "That Christopher Lord President. Mr. Love, our long absence Love, as a false traitor and enemy to the com |