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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90439	The triall of the honourable Colonel Iohn Penruddock of Compton in Wiltshire, and his speech: vvhich he delivered the day before he was beheaded in the castle of Exon, being the 16. day of May 1655. to a gent. whom he desired to publish them after his death. Together with his prayer upon the scaffold, and the last letter he received from his vertuous lady, with his answer to the same. Also the speech of that piously resolved gent. Hugh Grove of Chisenbury in the parish of Enford, and County of Wilts, Esq; beheaded there the same day.	Penruddock, John, 1619-1655.; Grove, Hugh, d. 1655.	1655 (1655)	Wing P1431; Thomason E845_7; ESTC R207278	15,459	19

leave behind me Because I will not put others therefore upon a breach of charity concerning me or my actions I have thought fit to decline all discourses which may give them a capacity either to injure themselves or me My Tryall was publick and my severall examinations I believe will be produced when I am in my grave I will refer you therefore to the first which I am sure some of you heard and to the later which many of you in good time may see Had Captain Crook done himself and us that right which a Gentleman and a Souldier ought to have done I had not now been here The man I forgive with all my heart but truly Gentlemen his protesting against those Articles he himself with so many protestations and importunities put upon us hath drawn so much dishonour and bloud upon his head that I fear some heavy judgement will pursue him Though he hath been false to us I pray God I do not prove a true prophet to him Nay I must say more that coming on the road to Exon he the said Captain Crook told me Sir Joseph Wagstaffe was a gallant Gentleman and that he was sorry he was not taken with us that then he might have had the benefit of our Articles but now said he I have beset all the Country for him so that he cannot escape but must be hanged He also questioned me as I passed through Salisbury from London whether he had given me conditions Which I endeavouring to make appear to Major Butler he interrupted me and unwillingly confess 't it saying I profered him four hundred pounds to perform his Articles which had been a strange profer of mine had I not really conditioned with him And I told him then having found him unworthy I would have given him five hundred pounds believing him to be mercenary To make it yet farther appear I injure him not by stiling him unworthy after these Articles were given he profered to pistoll me if I did not perswade another house to vield which then were boldly resisting To which my servant Iohn Biby now a prisoner replyed I hope you will not be so unworthy as to break the Law of Arms. Thus much I am obliged to say to the honour of the Soulderie that they have been so far from breaking any Articles given to others that they have rather bettered them then otherwise It is now our misfortune to be made presidents and examples together but I will not do the Protectour so much injury as to load him with this dishonour since I have been informed that he would have made our conditions good if Crook that gave them had not abjur'd them This is not a time for me to enlarge upon any subject since I am now become the Subject of death But since the Articles were drawn by my hand I thought myself obliged to a particular Justification of them I could tell you of some souldiers which are turned out of his troup for defending those conditions of ours but let that passe and henceforward in stead of life liberty and estate which were the Articles agreed upon let drawing hanging and quartering bear the Denomination of Captain Crooks Articles However I thank the Protectour for granting me this honourable Death I should now give you an accompt of my Faith But truly gentlemen this poor Nation is rent into so many severall opinions that it is impossible for me to give you mine without displeasing some of you However if any man be so criticall as to enquire of what faith I die I shall refer him to the Apostles Athanasius and the Nicene Creed and to the testimony of this Reverend gentleman Dr Short to whom I have unbosomed my self and if this do not satisfie look in the thirty nine Articles of the Catholick Church of England to them I have subscribed and do own them as authentick Having now given you an accompt concerning my self I hold my self obliged in duty to some of my friends to take off a suspicion which lyes upon them I mean as to some persons of Honour which upon my examination I was charged to have held correspondency with The Marquesse of Hartford the Marquesse of Winchester and my Lord of Pembrook were the persons nominated to me I did then acquit them and do now second it with this protestation That I never held any correspondency with either or any of them in relation to this particular businesse or indeed to any thing which concern'd the Protectour or his Government As for the Marquesse of Winchester I saw him some twelve years since and not later and if I should see him here present I believe I should not know him And for the Earle of Pembrook he was not a man likely to whom I should discover my thoughts because he is a man of a contrary judgement I was examined likewise concerning my Brother Freke my Cousin Hastings Mr Dorrington and others It is probable their estates may make them lyable to this my condition but I do here so far acquit them as to give the world this farther protestation that I am confident they are as innocent in this businesse as the youngest child here I have no more to say to you now but to let you know that I am in charity with all men I thank God I both can and do forgive my greatest persecutours and all that ever had any hand in my death I have offered the Protectour as good security for my future demeanour as I suppose he could have expected if he had thought fit to have given me my life certainly I should not have been so ungratefull as to have imployed it against him I do humbly submit to Gods pleasure knowing that the issues of life and death are in his hand My bloud is but a small sacrifice if it had been saved I am so much a Gent as to have given thanks to him that preserved it and so much a Christian as to forgive them which take it But seeing God by his providence hath called me to lay it down I willingly submit to it though terrible to nature but blessed be my Saviour who hath taken out the sting so that I look upon it without terrour Death is a debt and a due debt and it hath pleased God to make me so good a husband that I am come to pay it before it is due I am not ashamed of the cause for which I die but rather rejoyce that I am thought worthy to suffer in the defence and cause of Gods true Church my lawfull King the liberty of the Subject and Priviledge of Parliaments Therefore I hope none of my alliance and friends will be ashamed of it it is so far from pulling down my Family that I look upon it as the raising it one story higher Neither was I so prodigall of nature as to throw away my life but have used though none but honourable and honest means to preserve it These unhappy times indeed have been very fatall

The TRIALL of the honourable Colonel IOHN PENRUDDOCK of Compton in Wiltshire and his SPEECH VVhich he delivered the day before he w●s beheaded in the Castle of Exon being the 16. day of May 1655. to a Gent. whom he desired to publish them after his death Together with his prayer upon the Scaffold and the last Letter he received from his vertuous Lady with his Answer to the same Also the Speech of that Piously resolved Gent. Hugh Grove of Chisenbury in the parish of Enford and County of Wilts Esq beheaded there the same day Printed by order of the Gent. intrusted 1655. Col. Penruddock being writ to by a friend for an account of his triall writ as followeth SIR THough I received your desires something too late it being but two dayes before notice given me from the Sheriff of the day of my expiration for I cannot call this an Execution it being for such a cause yet in order to your satisfaction I have borrowed so much time from my more serious Meditations as to give you this short account of my Triall wherein you must excuse both the brevitie and imperfections it being but the issues of a bad memory UPon Thursday the 19. April 1655. the Commissioners of Oyer and Terminer being sate in the Castle of Exon summoned before them my self Mr Hugh Grove Mr Richard Reeves Mr Robert Duke Mr George Duke Mr Thomas Fitz-James Mr Francis Jones Mr Edward Davis Mr Thomas Poulton and Mr Francis Bennet Being all called to the Barre we were commanded to hold up our hands and an Indictment of high Treason was read against us and being asked whether we would plead guilty or not guilty to the Indictment in the behalf of my self and of the Gent therein charged I spake as followeth Col. Penruddock My Lords though my education hath been such as not to give me those advantages which the knowledge of the Lawes would have assisted me with for the defending my self yet upon hearing this very indictment my reason tells me that it is illegall and therefore I do demand Councell that may dispute the illegality thereof Serjeant Glyn. Sir you desire that which cannot be granted therefore give your answer whether you are guilty or not guilty of the Treason of which you stand charged Col. Pen. Sir By your favour it is that which hath been granted to my inferiours viz to Mr Lilburn and to one Rolf a Shoemaker and I have as great a right to the Lawes as any person that sits here as my Judge I do therefore challenge it as my right Judge Nicholas whom I there see will tell you he himself was councell for this Rolf and it is a hard case if a free-born Gentleman of England cannot have the same priviledge that his inferiours have had before him Attorney Generall Sir There is a great difference between Treason acting and acted the later is your case therefore flatter not your self and do not think your being mute shall save your estate in case of Treason for if you plead not to the Indictment sentence will be pronounced against you as if you had been found guilty of the fact you are charged with Col. Pen. Sir I observe your distinction but all the Logick you have shall not make me nor any Rationall man acknowledge that this was either acting or acted before it be proved Sir It is but a bare suspicion and I hope you will not condemn me before I am convicted I say the Indictment is illegall and I do demand Councell At. Gen. Sir The Court must not be dallied withall I do peremtorily demand of you are you guilty or not guilty If you plead you may have favour otherwise we shall proceed to sentence Col. Pen. Sir Put case I do plead shall I then have Councell allowed me At. Gen. Sir The Court makes no bargains refer your self to us Hereupon my fellow-prisoners perswaded me to plead not guilty which being done I demanded Councell as being partly promised it Mr Attorney told me I could have none Then I replyed Col. Pen. Sir Durus est hic sermo it is no more then I expected from you but rather then I will be taken off unheard I will make my own defence as well as I can The Jurors being then called I challenged about 24 of the 35 I might have challenged The rest of the gentlemen were sent from the bar I was left alone upon my triall and the Jurors were so pact that had I known them the issue had been the same that it was The Jurors being sworn and the Indictment again read Mr Attorney demanded what exception I could make to it Col. Pen. Sir I except against every part thereof for I take it to be illegall in toto ●omposito Record Steel Sir It is not usuall for any Court to admit of generall exceptions therefore we expect that you should make it to some particular Col. Pen. Sir I desire a copy of my Indictment and time untill tomorrow to make my defence At. Gen. Sir You cannot have it the Court expects you should do it now Col. Pen. Then if I cannot have time if my generall exception might have been admitted it would have told you that there can be no high Treason in this Nation but it must be grounded either upon the Common or the Statute law But this is neither grounded upon the Common law or the Statute ergo no treason against a Protectour who hath no power according to Law neither is there any such thing in Law as a Protectour for all Treasons and such pleas are Propria Causa Regis Ser. Glyn. Sir You are peremptory you strike at the government you will fare never a whit the better for this speech speak as to any particular exception you have to the Indictment Col. Pen. Sir If I speak any thing which grates upon the present government I may confidently expect your pardon my life is as dear to me as this government can be to any of you The holy Prophet David when he was in danger of his life feigned himself mad the spittle hung upon his beard you may easily therefore excuse my imperfections And since I am now forced to give you my particular exception more plainly to the Indictment I am bold to tell you I observe in the later part of the Indictment you say I am guilty of High Treason by vertue of a Statute in that case made and provided If there be any such Statute pray let it be read I know none such My Actions were for the King and I well remember what Bract. saith Rex non habet superiorem nisi Deum ●atis 5 Tract de delates cap. Bract. rem H. 3. 3. ch 24. Sect. habet adpoenam quod Deum expect at ultorem And in another place he saith Rex habet potestatem jurisdictionem super omnes qui in Regno suo sunt ea quae sunt jurisdictionis pacis ad nulluni pertinent nisi ad regiam dignitatem