. Love's name lives, or, Petitions presented by Mistris Love to the Parliament, in behalf of her husband : with several letters that interchangeably pass'd between them a little before his death .. . Lord, if the law were othervvife, itwete impoffible to prove manyoffences 3 for many offences be proved, but by fome men that bad a hand in them. Jn an or-dinary cafe an action of TrefpAfs md falfe imprifonment, if three men are guilty of it,itis anufuallthing in Courts of Juftice to admit one of them a witnefle 3 truty hey are not parties in the action,andfo may be witneflls 3 for thefc t
. Love's name lives, or, Petitions presented by Mistris Love to the Parliament, in behalf of her husband : with several letters that interchangeably pass'd between them a little before his death .. . Lord, if the law were othervvife, itwete impoffible to prove manyoffences 3 for many offences be proved, but by fome men that bad a hand in them. Jn an or-dinary cafe an action of TrefpAfs md falfe imprifonment, if three men are guilty of it,itis anufuallthing in Courts of Juftice to admit one of them a witnefle 3 truty hey are not parties in the action,andfo may be witneflls 3 for thefc things may be fo fecretly done oHerwife, char their Treafons could ne-ver be revealed j recover agaiaft the prifoner. There is acafe^ Ithilikinail our knowledge; it is the cafe of the Earle of Caftlc-haven, bewas accufe of i erv grievous T\;&: the witnefles which came againft him, were one or two Foot-men, thatwereJ?*MYfyex crimivJsin the very lame u&, and thuc men by the Opinion of the Judges. 78 The Reply of the Cowed for the Comtnon-wulth Judges were competent witnefles. My Lord, he was arraigned, indi&ed, and convicted, andfuffer-cd death; nay, it is very true, that one of tbefe perfons was afterwards hanged for the fame offence .*fo that I think, under favour, as to thar, I take it, that they are deer and good witnefles, notwithstan-ding that objection. The next objection is, that they were not probi tcftes: Truly for that, my Lord, I muft appeal toyou> judgment in it,whethec thefc men be not probi teftes, & honeftes too j for in cafe of an approver,as I mentioned before, that man that accufes his brethren upon the fame Trcafon, it is faid, that ofmerit and juftice, the King ought to grant him his pardon: For they that dilcover the Traitors againftthe Commonwealth, thefe certainly are probi teftes, and good Common-wealths men ; and fo I takeit, that this is no objection againft them in that, but as before they were legdes teftes, fo they areprobi teftes. My L
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