The Oglin of traytors including the illegal tryall of His Late Maiesty : with a catalogue of their names that sat as judges and consented to the judgment : with His Majesties reasons against their usurped power and his late speech : to which is now added the severall depositions of the pretended witnesses as it is printed in the French coppy : with the whole proceedings against Colonel J. Penruddock of Compton in Wilts and his speech before he dyed : as also the speech of the resolved gentleman, Mr. Hugo Grove of Chissenbury, Esquire, who was beheaded the same day, not before printed.

Col. Penruddock being writ to by a friend for an account of his triall, writ as followeth.

SIR,

THough I received your desires some∣thing 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, be∣ing 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 Ben∣net

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 be∣ing asked whether we would plead guilty or not guilty to the Indict∣ment; 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 de∣fending my self: yet upon hearing this very indictment, my reason tells me, that it is illegall: and there∣fore I do demand Councell that may dispute the illegality there∣of.

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 Gentle∣man 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 trea∣son; for if you plead not to the in∣dictment, sentence will be pronoun∣ced against you, as if you had been found guilty of the fact you are char∣ged with.

Col. Pen.

Sir, I observe your di∣stinction: but all the Logick you have, shall not make me nor any Rationall man acknowledge, that this was either acting or acted, be∣fore it be proved Sir, it is but a

bare suspicion, and I hope you will not condemne me before I am con∣victed: I say the Indictment is il∣legall, and I do demand Coun∣cell.

At. Gen.

Sir, the Court must not be dallied withall: I do peremtori∣ly demand of you, are you guilty or not guilty? If you plead, you may have favour, otherwise we shall pro∣ceed 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 de∣fence as well as I can. The Jurors being then called, I challenged a∣bout

24 of the 35. I might have challenged. The rest of the Gentle∣men 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 be∣ing sworn, and the Indictment a∣gain read, Mr. Atturney demanded what exception I could make to it.

Col. Pen.

Sir, I except against e∣very 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 parti∣cular.

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 Com∣mon, or the Statute law: But this is neither ground upon the Com∣mon 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 Trea∣sons, and such pleas are Propria Cau∣sa Regis.

Ser. Glyn.

Sir, You are peremp∣tory, you strike at the Govern∣ment; 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 pre∣sent Government, I may confident∣ly 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 dan∣ger 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 perti∣nent, 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 a∣gainst 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 fa∣vour 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 al∣ready 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 endea∣voured 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 men believe falsehoods to be truth too.

At. Gen.

Sir, You interrupt me, you said but now, you were a gen∣tleman.

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 wit∣nesses. 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 con∣science can tell him, that I had ar∣ticles from him, which ought to have kept me from hence. Captain Crook hereupon stood up, and his guilty conscience (I supposed) ad∣vised 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 o∣mit 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 tim∣ber. The vertuous Cryor of Bland∣ford 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 Re∣ligion, for the liberty of the Sub∣ject, and Priviledge of Parliaments.

Then I said unto the Attorny Generall and the whole Court, you said even now, that I had lear∣ned of the King my Master the Po∣pish 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. Com∣missioner Lisle told me I should have no wrong, (but he meant Right) but Judge Rolls and Nicholas con∣fessed 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 gen∣tlemen 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. Attur∣ney 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 be∣ing allowed, I said to them as fol∣loweth, 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 Trea∣son 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 pre∣vented, I had destroyed you, I hope you are al so satisfied of the con∣trary, 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 do∣minion and rule over all the crea∣tures of the earth. Gent. look up∣on me, I am the Image of my crea∣tour, and that stamp of his which is in my vizage, is not to be de∣faced without an account given, wherefore it was, I have here chal∣lenged, as I am a Gentleman and free-born man of England, the right which the law allowes me; I de∣manded a copy of my Indict∣ment, and Councell, but it is de∣nied 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 Represen∣tative: 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 di∣rect 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. Ser∣jeant 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 aske•• what I can say for my selfe, that I should not have sentence passe upon me. The Jury found me guilty; if I should go about to make a defence now, it would signifie no more then as if my friends should petition for my pardon after I am excuted▪ could have offered you articles here but I thought them inconsisten••

with this Court. When I look up∣on my offence (as to the Protect∣our) I conclude myself a dead man; but when I reflect upon the favour he hath shewed to others of my con∣dition, and the hopes I have of your intercession, me thinks I feel my spirits renewed again. My Lords, death is a debt due from Nature; has now the keeping the bond and has put it in suit by his Attorny: if he please to forbear the serving me with an execution, and let me keep it a little longer, I will pay him the interest of thanks for it, as as long as I live, and engage my po∣sterity and a numerous allyance to be bound for me. So the Lord di∣rect you all for the best. If I have found favour I shall thank you; if not, I shall forgive you.

This being done, Serjeant Glyn af∣ter a most bitter and nonsensicall speech, gave sentence against us; (viz) to be drawn hanged and quartred. A prety exchange for unworthy Crooks Articles for life, liberty and estate; which I can

prove, and will die upon. My triall held at least five hours. This is as much as at present I can remember of it; excuse the errours.

One of the Jury being asked by a Gent. why he found me guilty, answered, He was resolved to hang me before he did see me.

I observe treason in this age to be an individuum vagum, like the wind in the Gospel, which bloweth where it listeth; for that shall be treason in me to day, which shall be none in another to morrow, as it pleaseth Mr Attorny.

The* 1.1 Judges are sworn to do justice according to the Laws of the Land, and therefore have miser∣ably perjured themselves in con∣demning me contrary to Law: And (not so contented) must cause the Jury (so wise they were) (through their false and unjust directions to destroy their own rights and pro∣perties, and set up a new Arbi∣trary and Tyrannicall govern∣ment.

The Judges would not give me

their advice in point of Law, (as was their duty) because they said they were parties; yet could sit still on the Bench in their Robes, to countenance (and approve of) my Sentence.

No man can be a Judge where he is a Party in the same cause;* 1.2 there∣fore my tryall was contrary to Law.

The Judges being parties, ought not to sit upon the bench (but stand by:) therefore my triall was illegall: the rest being no Judges but the Protectours immediate ser∣vants, so could not be my Judges in case of High Treason; for none but the sworn Judges of the Land are capable of it by Law.

One thing of Colonel Dove the reverend Sheriff of Wilts, who that the Jury might be sufficiently in∣censed, complaining of the many incivilities (he pretended) were offered him by our party, being upon his Oath, said that one of our men did run him through the side with a Carbine, Surely it was a very small one, for the wound was not discernable.

A great deal of paines every man in his place took for the carrying on their Masters work.

Be mercifull unto me O Lord, be mercifull unto me; under the shadow of they wings will I hide my selfe till this Tyranny be over∣past.

Glory be to God on High, in earth peace good will to∣wards men; and so have mercy on me, O Lord.

JOHNN PENRƲDDOCK

Notes

• * 1.1

  Witnesse one Benner and Stroud who in open Court con∣fessed to be guilty of all they proved against me yet Mr▪ At∣torney gave the Jury di∣rections to find them not guilty▪
• * 1.2

  Hobart folio 120. Dact. Bo∣names case 8 part of Cooks re∣ports.