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. Attorny 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 onely tell you that one of our own party and indeed I think an honest man being forced 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 Cryor of Blandford being asked what were the words I used in proclaiming King Charles at the market he said I declared for Charles the Second and setling the true Protestant Religion for the liberty of the Subject and Priviledge of Parliaments Then I said unto the Attorny Generall and the whole Court you said even now that I had learned of the King my Master the Popish religion and endeavoured to bring him in your own witness tells you what and whom I would bring in and 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 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. Atturney you here indict me for a Treason committed at Southmoulton in Devonshire and gentlemen ye swear witnesses against me for facts done in other Counties 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. Atturney then addressed himself to the Jury and to be short after the space of halfe 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 souls if you prove to be a Jury of life You have heard what hath been said to make my actions Treason and with what vigor 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 Protector Mr. Atturney 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 Religon and that if I had not been timely prevented I had destroyed you I hope you are al so satisfied of the contrary from the mouth of one of the best 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 meane that sinne bloud which calls to heaven for vengence Gent. you doe not see a hair of my head but is numbred neither can you make any one of them much less 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 vizage is not to be defaced without an account given wherefore it was I have here challenged as I am a Gentleman and free-born man of England the right which the law allowes me I demanded a copy of my Indictment and Councell but it is denied me The Law which I would have been tried by is the known Law of the land which was drawn by the wise consultation of our Princes and by the ready pens of our Progenitours The Law which I am now tried by is no Law but what is cut of by the poynt of a rebellious sword and the sheets in which they are recorded being varnished with the moisture of an eloquent tongue if you look not well to it may chance to serve for some of your Shrouds If the fear of displeasing others shall betray you to find me guilty of any thing you can at the most but make a riot of this Pray by the way take notice that the last Parliament would not allow the Legislative power to be out of themselves seventeen of twenty in this very County were of that opinion and deserted the house they were your Representative if you finde me guilty you bring them in danger and in them your selves Have a care of being drawn into a snare Gent. your bloud may run in the same channel with mine If what I have said do have been tried by is the known not satisfie you so as to aquint me if you bring me in a speciall verdict you do in some measure acquit your selves and throw the bloud that will be spilt upon the Judges Consider of it and the Lord direct you for the best The Jury after a quarter of an houres retirement brought me in guilty the Lord forgive them for they knew not what they did Upon Monday the 23 of April we were again called to the bar being then in number twenty six Serjeant Glyn asked of me first what I could say for my self that I should not have sentence according to the Law Then I said My Lords Gentlemen you askeâ— what I can say for my selfe that I should not have sentence
of the whole Nation who being freely called and freely debating amongst themselves may by Gods blessing settle the Church when every opinion is freely and clearly discussed For the King indeed I will not much insist Then turning to a gentleman whose cloak he observed to touch the edge of the Ax he said unto him Hurt not the Ax meaning by blunting the edge thereof for that he said might hurt him Having made this short digression he proceeded For the King the laws of the land will clearly instruct you what you have to do but because it concerns my own particular I onely do give you but a touch of it As for the People truly I desire their liberty and freedome as much as any whosoever but I must tell you that their liberty and freedom consists in having of government by those laws by which their lives and their goods may be most their own It is not for them to have a share in Government that is nothing Sirs appertaining unto them A â—ubject and a Sovereign are clean different things and therefore untill that be done I mean untill the people be put into that liberty which I speak of certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an arbitrary power to have all laws changed according to the power of the sword I needed not to have come hither and therefore I tell you and I Pray God it be not laid to your charge that I am the martyr of the people In troth Sirs I shall not hold you much longer I shall onely say this unto you that in truth I could have desired some little longer time because I had a desire to put this that I have said into a little better order and to have a little better digested it than I have now done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are most for the good of the Kingdome and your own salvations Doct. Juxon Will your Majesty although the affection of your Majesty to religion is very well known yet to satisfie expectation be pleased to speak something for the satisfaction of the world King I thank you very heartily my Lord because I had almost forgotten it In troth Sirs my conscience in Religion I think is already very well known to all the world and therefore I declare before you all that I die a Christian according to the profession of the Church of England as I found it left by my father and this honest man I think will witnesse it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gratious God I will say no more Then turning to Colonel Hacker he said Take care they do not put me to pain and Sir this if it please you but then a gentleman one Mr. Clerk comming neer the Ax the King said take heed of the Ax Then the King turning to the Executioner said I shall say but very short prayers and when I stretch forth my hands Then the King called to Doctor Juxon for the Nightcap and having put it on he said to the Executioner will my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the assistance of the Executioner and the Bishop the King then turning to Doctor Juxon said I have a good Cause and a Gratious God on my side Doctor Juxon There is but one stage more This stage is turbulent indeed and troublesome but very short and which in an instant will lead you a most long way from earth to Heaven where you shall finde great Joy and Solace King I go from a corruptible to an incorruptable Crown where can be no trouble none at all Doctor Juxon You shall exchange a temporall Crown for an eternall one it is a good change The King then said unto the executioner Is my haire as it should be He then did put off his cloak and his George which he gave to Doctor Juxon saying Remember He immediately afterwards did put off his Doublet and did put on his cloak again and looking on the block he said unto the Executioner you should make it to be steddie Execut. It is so King It might have been something higher Execut. It cannot be made higher now King When I shall stretch forth my hands in this manner then After that when standing he had spoke two or three words unto himself with his hands and eyes lifted up towards Heaven immediately stooped down he laid his neck upon the Block and when the Executioner had again put all his hair under his cap. The King said Stay till I give the signe Execut. So I do if it please your Majesty and after a very little respite the King did stretch forth his hands and immediately the Executioner at one blow did sever his head from his Body Sic transit gloria Mundi THE Illegall proceedings against the honourable Colonell John Penruddock of Comppton in Wiltshire and his Speech Which he delivered the day before he was beheaded in the Castle of Exon being the 16 day of May 1655 to a Gentleman whom he desired to publish them after his death Together with his prayer upon the Scaffold and the last Letter he received from his verteous Lady with his answer to the same Also the speech of that Piously resolved Gentlemen Hugh Grove of Chisenbury in the parish of Enford and County of Wilts Esquire beheaded there the same day Printed by order of the Gent. intrusted 1660. 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 days 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 brevity 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. Huge 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 Gentlemen 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 Laws would 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 inferiors 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 inferiors 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 yourself and do not think your being mute shal 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 condemne 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 Jexpected fromy 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. Atturney 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 Composito Recorder Steel Sir It is not usual 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. Penruddock 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 upon the Common or the Statute law But this is neither ground upon the Common Law or the Statute ergo no Treason against a Protector who hath no power according to Law neither is there any such thing in Law as a Protector 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. Penruddock Sir If I speak any thing which grates upon the present Government I may confidently expect your pardon my life is as deare 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 latter 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 satis habet ad poenam quod Deum expectat ultorem And in another place he saith Rex habet potestatem jurisdictionem super omnes qui in regno suo sunt ea quae sunt jurisdictionis pacis ad nullum pertinent nisi ad regiam dignitatem habet etiam coertionem 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 finde also That whosoever shall refuse to aid the King when war is levied against him or 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 the King according to Law to be high Treason Pray let it be read At. Gen. 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 offended 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 Atturny 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 corespondency with the King my Master of whom I had learned the Popish Religion That I endeavoured to bring in a debauched lewd young man and to engage this Nation in another bloody 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 Atturny you have been heretofore of Councel for me you then made my case better then indeed it was I see you have the faculty to make