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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

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to my family two of my Brothers already slain and my self going to the slaughter it is Gods will and I humbly submit to that providence I must render an acknowledgement of the great civilities that I have received from this city of Exon and some persons of quality and for their plentifull provision made for the prisoners I thank Mr Shreiff for his favour towards us in particular to my self and I desire him to present my due respects to the Protectour and though he had no mercy for my self yet that he would have respect to my family I am now stripping off my cloaths to fight a duell with death I conceive no other duell lawfull but my Saviour hath pulled out the sting of this mine enemy by making himself a sacrifice for me And truly I do not think that man deserving one drop of his bloud that will not spend all for him in so good a cause The truth is Gentlemen in this Age Treason is an individuum vagum like the wind in the Gospel it bloweth where it lifteth So now Treason is what they please and lighteth upon whom they will Indeed no man except he will be a Traitour can avoid this Censure of Treason I know not to what end it may come but I pray God my own and my Brothers bloud that is now to die with me may be the last upon this score Now Gentlemen you may see what a condition you are in without a King you have no Law to protect you no rule to walk by when you perform your duty to God your King and Countrey you displease the Arbitrary power now set up I cannot call it government I shall leave you to peruse my triall and there you shall see what a condition this poor Nation is brought into and no question will be utterly destroyed if not restored by Loyall Subjects to its old and glorious Government I pray God he lay not his Judgements upon England for their sluggishnesse in doing their duty and readinesse to put their hands in their bosomes or rather taking part with the Enemy of Truth The Lord open their eyes that they may be no longer lead or drawn into such snares else the Child unborn will curse the day of their Parents birth God Almighty Preserve my Lawfull King Charles the second from the hands of his Enemies and break down that wall of Pride and Rebellion which so long hath kept him from his just Rights God Preserve his Royall Mother and all his Majesties Royall Brethren and incline their hearts to seek after him God incline the hearts of all true English men to stand up as one Man to bring in the King and Redeem themselves and this poor Kingdome out of its more then Egyptian slavery As I have now put off these garments of cloth so I hope I have put off my garments of sinne and have put on the Robes of Christs Righteousnesse here which will bring me to the enjoyment of his glorious Robesanon Then he kneeled down and kissed the block and said thus I commit my soul to God my Creatour and Redeemer Look on me O Lord at my last gasping Hear my prayer and the prayers of all good people I thank thee O God for all thy dispensations towards me Then kneeling down he prayed most devoutly as followeth O Eternall Almighty and most mercifull God the Righteous Judge of all the world look down in mercy on me a miserable sinner O blessed Jesus Redeemer of Mankind which takest away the sinnes of the world Let thy perfect manner of obedience be presented to thy Heavenly Father for me Let thy precious death and bloud be the Ransome and satisfaction of my many and heinous transgressions Thou that sittest at the Right hand of God make intercession for me O holy and blessed Spirit which art the comforter fill my heart with thy consolations O holy blessed and glorious Trinity be mercifull to me confirm my faith in the promises of the Gospel revive and quicken my hope and expectation of joyes prepared for true and faithfull servants Let the infinite Love of God my Saviour make my love to him stedfast sincere and constant O Lord consider my condition accept my teares asswage my grief give comfort and confidence in thee impute not unto me my former sinnes but most mercifull Father receive me into thy favour for the merits of Christ Jesus Many and grievous are my sinnes for I have sinned many times against the light of knowledge against remorse of conscience against the motions and opportunities of grace But accept I beseech thee the sacrifice of a broken and contrite heart in and for the sacrifice oblation and satisfaction of thy Son Jesus Christ O Lord receive my soul after it is delivered from the burthen of the flesh into perfect joy in the sight and fruition of thee And at the generall resurrection grant that my body may be endowed with immortality and received with my soul into glory I praise thee O God I acknowledge thee to be the Lord. O Lamb of God that takest away the sinnes of the world have mercy on me Thou that sittest at the right hand of God hear my prayer O Lord Jesus Christ God and Man Mediatour betwixt God and Man I have sinned as a Man be thou me c●su●l to me as a God O holy and blessed Spirit help my infirmities with those sighs and grones which I cannot expresse Then he desired to see the Axe And kissed it saying I am like to have a sharp passage of it but my Saviour hath sweetned it unto me Then he said if I would have been so unworthy as others have been I suppose I might by a lie have saved my life which I scorn to purchase at such a rate I defie such temptations and them that gave them me Glory be to God on high On Earth peace Good will towards Men. And the Lord have mercy upon my poor soul Amen So laying his Neck upon the block and after some private Ejaculations he gave the Heads-man a sign with his hand who at one blow severed his head from his body The Speech of that piously resolved Hugh Grove of Chassenbury in the parish of Enford and County of Wilts Esquire beheaded the 16. day of May 1655. in the Castle at Exon. Good people I Never was guilty of much Rhetorick nor ever loved long Speeches in all my life and therefore you cannot expect either of them from me now at my death All that I shall desire of you besides your hearty prayers for my soul is That you would bear me witnesse I die a true sonne of the Church of England as it was established by King Edward the sixt Queen Elizabeth King James and King Charles the first of ever blessed memory That I die a Loyall subject to King Charles the second my undoubted Sovereigne and a lover of the good old Laws of the Land the just priviledges of Parliaments and Rights and Liberties of the People for the re-establishing of all which I do undertake this ingagement and for which I am ready to lay down my life God forgive the bloudy-minded Jury and those that procured them God forgive Captain Crook for denying his Articles so unworthilie God forgive Mr. Dove and all other persons swearing so malitiously and falsely against me God forgive all my enimies I heartily forgive them God blesse the King and all that love him turn the hearts of all that hate him God blesse you all and be merciful to you and to my Soul Amen And so meekly laying his neck to the block and giving a signe his head at one blow and a draw of the axe was severed from his bodie FINIS
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
habet etiam coercionem ut delinquentes puniat coerceat again he saith Omnes sub Rege ipse nullo nisi tantum Deo non est inferior sibi subjectis non parem habet in regno suo this shewes us where the true power is You shall find also That whoever shall refuse to aid the King when war is levied against Parl. Rol. num 7. Rex consuetudo Parliament 11 H. 7 Chap. 1. him or against any that keep the King from his just Rights offends the law and is thereby guilty of Treason Again All men that adhere to the King in personall service are freed from Treason by Law and yet you tell me of a Statute which makes my adhering to my King according to Law to be high Treason Pray let it be read At. Gen. Sir You have not behaved your self so as to have such a favour from the Court. Col. Pen. Sir I require it not as a favour but as my Right At. Gen. Sir You cannot have it Col. Pen. If I cannot have it these Gentlemen that are the Jurors have not affended you their verdict reaches to their souls as to my life pray let not them go blindfold but let that Statute be their guide At. Gen. Sir The Jury ought to be satisfied with what hath been already said and so might you too Col. Pen. Sir I thank you you now tell me what I must trust to Mr Attorney then made a large speech in the face of the Court wherein he aggravated the offence with divers circumstances as saying I had been four years in France and held a correspondency with the King my Master of whom I had learned the Popish Religion That I endeavoured to bring in a debauch'd lewd young man to engage this Nation in another bloudy war and that if I had not been timely prevented I had destroyed them meaning the Jurors and their whole families I interrupted him and said Col. Pen. Mr Attorney you have been heretofore of Councell for me you then made my case better then indeed it was I see you have the faculty to make men believe falsehoods to be truth too At. Gen. Sir You interrupt me you said but now you were a gentleman Col. Pen. Sir I have been thought worthy heretofore to sit on the bench though now I am at the bar Mr Attorney then proceeded in his speech and called the witnesses Then I said Sir You have put me in a bears skin and now you will bait me with a witnesse But I see the face of a gentleman here in the Court I mean Captain Crook whose conscience can tell him that I had articles from him which ought to have kept me from hence Captain Crook hereupon stood up and his guilty conscience I supposed advised him to sit down again after he had made this speech that is to say he opened his lips and spake nothing The severall witnesses now come in Mr Dove the Sheriff of Wilts and others my charity forbids me to tell you what many of them swore I shall therefore omit that and only tell you that one of our own party and indeed I think an honest man being forc't to give his evidence I said My Lords it is a hard case that when you find you cannot otherwise cleave me in pieces that you must look after wedges made of my own timber The vertuous Cryer of Blanford being asked what were the words I used in the proclaiming King Charles at the market he said I declar'd for Charles the Second and setling the true Protestant Religion for the liberty of the Subject and Priviledge of Parliaments Then I said to the Attorney Generall and the whole Court you said even now that I had learn'd of the King my Master the Popish religion and endeavoured to bring him in your own witnesse tells you what and whom I would bring in and that it was the true Protestant and not the Popish Religion his Majestie is of and intends to settle I urged divers cases to make the businesse but a Riot as my Lord of Northumberlands pretending it was for the taking of Taxes and that the power was not declared to be where they say it is I required the Judges to be of Councell for me and told them it was their duty Commissioner Lisle told me I should have no wrong but he meant Right but Judge Rolls and Nicholas confessed themselves parties therefore would say nothing Then I told the Court if I had seen a Crown upon the head of any person I had known what had been Treason the Law of England would have taken hold of me out of the respects it has to Monarchy there was no such land-marks before me therefore I conceive I cannot be guilty of what I am charged with And my Lord and Mr Attorney you here indict me for a Treason committed at Southmoulton in Devonshire and gentlemen ye swear witnesses against me for facts done in other Countries Sarum Blanford and Southmoulton are not in a parish You puzzle the Jurors with these circumstances pray go to the kernell and you Gent. of the Jury save your labour of taking those notes Mr Attorney then addressed himself to the Jury and to be short after the space of half an houre long gave them directions to bring me in guilty this being done I craved the favour from the Court that I might speak to the Jury which being allowed I said to them as followeth or to the same effect Gent. You are called a Jury of life and death and happy will it be for your soules if you prove to be a Jury of life You have heard what hath been said to make my actions Treason and with what vigour many untruths have been urged to you I have made appear to you that there can be no treason but against the King that the Law knowes no such person as a Protectour Mr Attorney pretends a Statute for it but refuseth the reading thereof either to me or you vilifies me at pleasure and tells you I am a Papist and would bring in the Popish Religion and that if I had not been timely prevented I had destroyed you I hope you are also satisfied of the contrary from the mouth of one of the bitterest witnesses You are now judges between me and these Judges Let not the majesty of their looks or the glory of their habits betray you to a sinne which is of a deeper dye then their scarlet I mean that sinne bloud which calls to heaven for vengeance Gent. you do not see a hair of my head but is numbred neither can you make any one of them much lesse can you put breath into my nostrils when it is taken out a sparrow doth not fall to the ground without the providence of God much lesse shall man to whom he hath given dominion and rule over all the creatures of the earth Gent. look upon me I am the Image of my Creatour and that stamp of his which is in my