The triall of the honourable Colonel Iohn Penruddock of Compton in Wiltshire, and his speech

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, M^r Hugh Grove, M^r Ri∣chard Reeves, M^r Robert Duke, M^r George Duke, Mr Thomas Fitz-James, M^r Francis Jones, M^r Edward Da∣vis, M^r Thomas Poulton, and M^r Francis Bennet. Being all called to the Barre, we were commanded to hold up our hands, and an In∣dictment 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 hear∣ing 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 M^r 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 In∣dictment is illegall, and I do demand Councell.

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 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 At∣torney 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 de∣fence 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 At∣torney demanded what exception I could make to it.

Col. Pen.

Sir, I except against every part thereof: for I take it to be il∣legall in toto ••omposito.

Record. Steel.

Sir, It is not usuall for any Court to admit of generall ex∣ceptions, therefore we expect that you should make it to some particular.

Col. Pen.

Sir, I desire a copy of my Indictment, and time untill to¦morrow 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 Com∣mon, 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 particu∣lar exception you have to the Indictment.

Col. Pen.

Sir, If I speak any thing which grates upon the present go∣vernment, 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; ••a∣tis* 2.1 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 delin∣quentes 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* 2.2 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 ad∣hering 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 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 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, where∣in 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 endea∣voured to bring in a debauch'd lewd young man, & to engage this Nati∣on 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 facul∣ty 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 here∣upon 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 af∣ter wedges made of my own timber. The vertuous Cryer of Blanford be∣ing 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 religi∣on, 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. Com∣missioner 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 con∣ceive 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 South∣moulton in Devonshire; and gentlemen, ye swear witnesses against me

for facts done in other Countries. Sarum, Blanford, and Southmoul∣ton are not in a parish. You puzzle the Jurors with these circumstan∣ces, pray go to the kernell; and you Gent. of the Jury, save your la∣bour 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 be∣ing 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 Sta∣tute 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 ven∣geance. Gent. you do not see a hair of my head but is numbred, nei∣ther 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 vizage, is not to be defaced without an account given wherefore it was. I have here challenged, as I am a Gent▪ and free-born man of England, the right which the law al∣lowes 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 out by the poynt of a rebellious sword; and the sheets in which they are recorded, be∣ing 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 Legisla∣tive 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 should find 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 not satisfie you, so as to acquit me; if you bring 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 barre, being then in number twentie six. Serjeant Glyn asked of me first, what I could say for my self, that I should not have sentence according to Law? Then I said,

My Lords and Gent. you aske what I can say for my self, 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 execu∣ted. I could have offered you articles here, but I thought them incon∣fistent with this Court. When I look upon my offence (as to the Pro∣tectour) I conclude my self a dead man; but when I reflect upon the favour he hath shewed to others of my condition, and the hopes I have of your intercession, methinks I feel my spirits renewed again▪ My Lords, death is a debt due from me to Nature; the Protectour has now the keeping the bond, and has put it in suit by his Attorney: 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 long as I live, and ingage my posterity and a numerous allyance to be bound for me. So the Lord direct 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, after a most bitter and nonsensicall speech, gave sentence against us; (viz.) to be drawn, hanged and quartered. A pretty exchange for unworthy Crooks Articles for life, libertie and estate; which I can prove, and will dye upon. My triall held at least five houres. 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.

* 2.3 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 M^r Attorney.

The † 2.4 Judges are sworn to do justice according to the Law of the Land, and therefore have miserably perjured themselves in condem∣ning 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 properties, and set up a new Arbitrary and Tyrannicall government.

The Judges would not give me their advise in point of Law, (as was their duty) because they said they were parties; yet could si still on the Bench in their Robes, to countenance (and approve of) my sentence.

* 2.5 No man can be a Judge where he is a Party in the same cause; there∣fore my triall 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 servants, 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 incensed, 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 Carabine. Surely it was a very small one, for the wound is not discernable.

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

Be mercifull unto me, O Lord, be mercifull unto me: under the shadow of thy wings will I hide my self 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.

JOHN PENRUDDOCK.

M^rs. Penruddocks last letter to her ho∣nourable and dear Husband.

MY DEAR HEART,

MY sad parting was so farre from making me forget you, that I scarce thought upon my self since, but wholly up∣on you▪ Those dear embraces which I yet feel, and shall never loose, being the faithfull testimonies of an indulgent Husband, have charm'd my soul to such a reverence of your Remem∣brance, that were it possible, I would with my own bloud cement your dead limbs to life again, and (with reverence) think it no sin to rob heaven a little while longer of a Martyr. Oh my dear! you must now pardon my passion, this being my last (oh fatall word!) that ever you will receive from me. And know, that untill the last minute that I can imagine you shall live, I will sacrifice the prayers of a Christian, and the groans of an afflicted wife. And when you are not, (which sure by sympathie I shall know) I shall wish my own dissolu∣tion with you, that so we may go hand in hand to heaven. 'Tis too late to tell you what I have (or rather have not) done for you; how turned out of doores, because I came to beg mercy: the Lord lay not your bloud to their charge. I would fain discourse longer with you, but dare not; Passion begins to drown my Reason, and will rob me of my devoire, which is all I have left to serve you. Adieu therefore ten thousand times, my dearest dear; and since I must never see you more, take this prayer: May your Faith be so strengthened, that your Constancy may continue; and then I know heaven will receive you, whither grief and love will in a short time (I hope) translate

My dear,

Your sad, but constant wife, even to love your ashes when dead, Arundel Penruddock.

May the 3. 11 a clock at night.

Your children beg your blessing, and present their duties to you.

The last letter from the honourable Colonel Penruddock, in answer to his ver∣tuous Lady.

MY DEAREST HEART,

I Even now received thy farewell letter: each word whereof re∣presents unto me a most lively Embleme of your affection, drawn with thy own hand in water colours, to the figure of a deaths head. My dear, I embrace it, as coming first from God, and then from Man: for what is there done in the City that the Lord hath not permitted? I look upon every line of thine, as so many threads twisted together into that of my life, which being now woven, my me∣ditations tell me, will make a fit remnant for my winding-sheet. Upon the reading thereof, I may say with the Prophet, I should have utterly fainted, but that I believe verily to see the goodnesse of the Lord in the land of the living. As this is mine, my dear, so let it be thy consolation. When I think what a wife and what children I go from, and look no further▪ I begin to cry, O wretched man that I am! But when my thoughts soar higher, and fix themselves upon those things which are above, where I shall find God my Creatour to my Father, and his Son my Redeemer to my Brother, (for so they have vouchsafed to term themselves;) then I say aside those relations, and do of all love, my dear, desire thee not to look towards my grave, where my Body lies, but toward the heaven, where I hope my Soul shall gain a Mansion in my Fathers house. I do stedfastly believe that God hath heard the prayers of my friends, and thine, and mine: and how knowest thou, O woman, whether thou hast not saved thy husband? Let those considerations raise thy spirits, I beseech thee; and that for Gods sake and mine. though I ly among the children of men, which are set on fire against me; yet under the shadow of the Almighties wings I will hide my self till this tyranny be over∣past. The greatest conflict I have had in this extremitie, was my parting with thee: the next encounter is to be with Death; and my Saviour hath so pulled out the sting thereof, that I hope to assault it without fear. Though the Armies of men have been too hard for me, yet I am now listing my self under the conduct of my Sovereign, and an Army of Martyrs, that the gates of hell cannot prevail against.

My dear, I have now another subject to think on; therefore you must excuse the imperfections you find here. I have formerly given you directions concerning my children, to which I shall referre you. May the blessing of Almighty God be upon thee and them, and may there not want a man of my name to be ready to be a sacrifice in this cause of God, and his Church, so long as the Sun and Moon shall endure. I shall now close up all, with desiring you to give a testi∣mony for me to the world, that I die with so much Charity as to for∣give all my enemies. I will joyn them in my last prayers, for my friends: Amongst which, you and my children are for my sake obli∣ged to pay a perpetuall acknowledgement. To Mr Rolles and his Lady, and my cousin Mr * 2.6 Sebastine Isack, for their great sollicitati∣ons on my behalf. If I should forget this City of Exeter for their civilities to my own self in particular, & indeed to all of us, I should leave a reproach behind me. I will give them thanks at my death, and I hope you and yours will do it when I am dead. My dear heart, I once more bid thee adieu, and with as much love and sincerity as can be imagined, I subscribe my self

Thy dying and loving Husband, Jo. Penruddock.

Exon, May 7. and the * 2.7 last year and day of my date, being the year of my Saviour 1655.

The Speech of the Honourable Colonell Penruddock, the greatest part whereof he delivered upon the Scaffold in Exon Castle the 16. day of May 1655. the whole he left with a Gent. and friend of his, written with his own hand; which is as followeth.

Together with the manner of his being beheaded.

As he was ascending the Scaffold, baring his knees, and humbly bow∣ing himself, he used these words, This I hope will prove to be like Jacobs ladder; though the feet of it rest on earth, yet I doubt not but the top of it reacheth to Heaven.

When he came upon the Scaffold, he said,

O wretched man that I am, who shall deliver me from this body of death? I thank God who hath given me victory through our Lord Jesus Christ.

Then with abundance of Christian chearfulnesse he spake to the people as followeth.

GENTLEMEN,

IT hath ever been the custome of all persons whatsoever when they come to die, to give some satisfaction to the world, whether they be guilty of the fact of which they stand charged. The crime for which I am now to die, is Loyalty, (but) in this age calld high Treason. I cannot deny but I was at South-moulton in this County: but whether my being there, or my actions there a∣mount to so high a crime as high Treason, I leave to the world & to the Law to judge. Truly, if I were conscious to my self of any base ends that I had in this undertaking, I would not be so injurious to my own soul, or disingenuous to you, as not to make a publick ac∣knowledgement

thereof. I suppose that divers persons, according as they are biassed by their severall interests and relations, give their o∣pinions to the world concerning us. I conceive it impossible there∣fore so to expresse my self in this particular, as not to expose both my judgement and reputation to the censure of many which I shall 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 them∣selves or me. My Tryall was publick, and my severall examinati∣ons (I believe) will be produced when I am in my grave: I will re∣fer 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 Cap∣tain 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 importuni∣ties 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 Gen∣tleman, 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 Arti∣cles: which had been a strange profer of mine, had I not really con∣ditioned with him. And I told him then (having found him unworthy) I would have given him five hundred pounds, believing him to be mer∣cenary. 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 hence∣forward, in stead of life, liberty, and estate (which were the Articles a∣greed upon) let drawing, hanging and quartering, bear the Denomi∣nation 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 impos∣sible for me to give you mine without displeasing some of you. Howe∣ver, if any man be so criticall as to enquire of what faith I die, I shall re∣fer 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 Arti∣cles 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 cor∣respondency 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 confi∣dent 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 demea∣nour 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 for∣give them which take it. But seeing God by his providence hath cal∣led 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 be∣fore 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 Fami∣ly, 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 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 dis∣please 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 readi∣nesse 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 Bre∣thren, 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 com∣mit 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 to∣wards 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 sin∣ner. O blessed Jesus Redeemer of Mankind, which takest away the sinnes of the world. Let thy perfect manner of obedience be present∣ed to thy Heavenly Father for me. Let thy precious death and bloud be the Ransome and satisfaction of my many and heinous transgres∣sions. 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 Savi∣our 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 con∣trite 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 un∣to 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 Eja∣culations, 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 unworthi∣lie: God forgive Mr. Dove, and all other persons swearing so malitious∣ly 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.

Notes

• * 2.1

  5 Tract. de delates cap. Bract. rem. H. 3. 3. ch. 24. Sect.
• * 2.2

  Parl. Rol. num. 7. Rex & con∣suetudo Parliament. 11 H. 7 Chap. 1.
• * 2.3

  Witnesse one Bennet 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.
• † 2.4

  3 part. Inst. pa. 22. a part. Inst. pag. 47. 48. Princes case 8 reports.
• * 2.5

  Hobart folio 120. Doct. Bo∣nams case 8 part of Cooks re∣ports.
• * 2.6

  Nota be∣ne. Mr Se∣bastine Isack al∣though he seemed very sollicitous for Col. Penrud∣dock in his life, since his death hath been very un∣worthy to his memo∣ry, (contra∣ry to his promise to the said Col. in his life,) and hath done contrary to the will of the dead, the trust reposed in him, the principles of honour, and much unbecoming a Gent.
• * 2.7

  Note, when this letter was writ, Colonel Penruddock did not know other then that he was to die the same day.