Seeing then it is most evident, that this wretched man hath come forth as a fierce enemy against Jesus Christ, and his everlasting truth; and as a great and a bold agent and factor for the Devil and Antichrist; may it therefore please this right honourable Assembly of Parliament, that by that strength which Almighty God hath given into your hands, he may be cast forth of the church of England, as dirt and dung, as one of the chief banes and pests thereof, who hath been one busy cause of all those wicked doctrines and Popish rites, and of all those horrible disorders and confusions that are among us, under the heavy burden whereof this whole kingdom groans and sighs for deliverance, that all others by his example may fear, and do no more any such thing. When many of the chief points here expressed (for the time would not suffer the producing of them all) were brought forth in judgment against the Doctor, at a Committee of many lords, in the Painted Chamber, Feb. 11, the man was not able to make any reasonable Defence; for his parts and learning had quite forsaken him, if ever he had any, and he had nothing left in him but anger and passion to manage his cause; which provoked all good Christians to praise God, who had given his truth such a weak enemy; and error such a foolish patron. Whereupon, the day following, the House sentenced him, as follows: 12 Feb. 1641.-The Upper House of Parliament did Sentence and resolve upon the question : "1. That Doctor John Pocklington is by the Judgment of the House prohibited ever to come into the verge of the king's court. 2. That he is deprived of all his ecclesiastical livings, dignities, and preferments. 3. That he is disabled and held uncapable hereafter to hold any place or dignity in the church or commonwealth. 4. That his two books, one intituled, "Altare Christianum," the other, "Sunday no Sabbath," be publicly burnt in the city of London, and the two Universities, by the hand of the common Executioner." * "Dr. Bray, one of the Archbishop's chaplains, who had licensed Pocklington's books, acknowledged his offence at the bar of the House, confessed that he had not examined the books with that caution that he ought, and made a public recantation in the church of Westminster. But Pocklington refusing to recant about thirty false propositions, which the Bishop of Lincoln [Williams] had collected out of his books, was sentenced by the Lord Keeper," &c. Neal's Hist. of the Puritans, vol. 2. p. 314. ed. 1759. Ordered by the Lords, that all whom it concerns, shall put in execution the Judgment of this House against the said Doctor Pockling ton. Certain Articles against Master Pocklinton, found in the records of the University of Cambridge, and truly transcribed by Master Tabor, which shew that the seed which brought forth all this cursed fruit, had taken root in him long ago. 1. After words of consecration, the body of Christ is so essentially, and inseparably present in the sacrament, as that Hoc est corpus meum must be taken plainly as it sounds, not drawing of any manner of trope or figure therein, not thinking that the spirit in so great a mystery should play the vain and idle rhetorician. 2. Hereof being reprehended by master Belcanquall, he more peremptorily defended it; affirming, that except the bare word alone of transubstantiation, he could find no fault at all in Bellarmine's doctrine of the sacrament. 6 3. He was much offended that this question should be propounded in our schools, Secessio ab Ecclesia Romana fuit necessaria.' 4. He wondered at one of our fellows, who having opportunity, would not be present at Mass, it being a thing both requisite and lawful, in as much as there was a lawful ministry, giving no other thing than what we have in our sacrament. 5. He affirmed it to be an evident sign how acceptable the Romish religion was to God in former ages, because there were not then in the times of popery, so many murders, adulteries, robberies, &c. as since have been in the time of protestancy. 6. He counselled younger men beginning to study divinity, wholly to rely upon Cassander's Consultations, as himself there had done, as the safest author for resolution about the true church. 7. On a Gun-powder Treason day, he was offended at an oration made by a scholar, wherein traitor Faux was with fitting terms detested, and his matchless impiety execrated: He said it was a great offence of our church to speak evil of any that are dead. 8. By the masters not regarding it, our College is very ill reported of abroad, for corruption in religion, and scandalous opinions, which is occasioned by the master's deputy, who oftentimes useth, and that before young gentlemen, and other young students, with great earnestness of words and countenance, to argue for pontifical doctrines, never drawing to any contrary conclusion whereby to inform them otherwise. 9. He held that Christ's righteousuess could not be imputed to us. 10. That our sins were no way imputed to Christ. 11. That interpretation of Scripture should be made, not by Scripture, but by exposition of holy men. 12. That Bellarmine and Baronius in all, worth, far exceeded all protestant divines, wishing that our religion were as well defeuded by our men, as theirs is by them. 13. That Tortura Torti, and Responsio ad Apologiam Bellarmini were works of small worth, solidity and gravity. 14. He professed also in his sermon, the like belief of the bread and wine in the sacrament, to be verily turned into the flesh of Christ, as he believed Moses rod to be verily turned into a serpent, though the sensible mutation were not there. 15. He laboured also therein to answer the objection which the protestant divines make against the pontifical doctrines of the sacra 198. The Trial of the Hon. Colonel JOHN PENRUDDOCK,* at Exon, for High Treason: 7 CHARLES II. A. D. 1655. [Written by Himself.t] UPON Thursday the 19th of April 1655, the Commissioners of Oyer and Terminer being sat in the Castle of Exon, summoned before them myself, Mr. Hugh Grove, Mr. Richard Reeves, Mr. Robert Duke, Mr. George Duke, Mr. Thomas Fitz-Jaines, Mr. Francis Jones, Mr. any particular discovery of what they designed or intended to do; and that the same spirit still possessed those who were at liberty. The design in Kent appeared not reasonable, at least not to begin upon; but he was persuaded, and he was very credulous, that in the North there was a foundation of strong hopes, and a party ready to appear powerful enough to possess themselves of York; nor had the army many troops in those parts. In the West likewise there ap "When Penruddock's trial was brought on, there was a special messenger sent to Judge Hale, requiring him to assist at it. It was in vacation time, and he was at his country house at Alderley; he plainly refused to go, and said, The four terms and two circuits were enough, and the little interval that was between was little enough for their private affairs, and so he excused himself; but, if he had been urged he would not have been afraid of speaking inore plainly." Burnet's Life and Death of sir Mat-peared to be a strong combination, in which many thew Hale. +Clarendon, after speaking of the various insurrections of Charles the Second's friends, which had been projected and proposed to the king a little before this time, says: "There cannot be a greater manifestation of the universal prejudice and aversion in the whole kingdom towards Cromwell, and his government, than that there be so many designs and conspiracies against him, which were communicated to so many men, and that such signal and notable persons could resort to London, and remain there, without any such information or discovery, as might enable him to cause them to be apprehended; there being no body intent and zealous to make any such discoveries, but such whose trade it was for great wages to give him those informations, who seldom care whether what they inform be true or no. The earl of Rochester consulted with great freedom in London with the king's friends; and found that the persons imprisoned were only taken upon general suspicion, and as being known to be of that party, not upon gentlemen were engaged, whose agents were to appear Edward Davis, Mr. Thomas Poulton, and Mr. Francis Bennet. Being all called to the bar, we were commanded to hold up our hands, and knew where the king was, took care to advertise his majesty; who, from hence, had his former faint hopes renewed; and in a short time after they were so improved, that he thought of nothing more, than how he might with the greatest secrecy transport himself into England; for which he did expect a sudden occasion. an Iudictment of High Treason was read against us: And being asked whether we would plead Guilty or Not Guilty to the Indictment, in the their countenance. When the judges were brought out in their robes, and humbly produced their commissions, and the sheriff likewise, Wagstaff resolved, after he had caused the king to be proclaimed, to cause then all three to be hanged, who were half dead already, haying well considered, with the policy which men in such actions are naturally possessed with, "Sir Joseph Wagstaff had been formerly a how he himself should be used if he were Major General of the foot in the king's Wes- under their hands, choosing therefore to he tern army, a man generally beloved; and beforehand with them. But he having not though he was rather for execution than coun- thought it to deliberate this before-hand with his sel, a stout man, who looked not far before friends, whereby their scrupulous consciences him; yet he had a great companionableness might have been confirmed, many of the counin his nature, which exceedingly prevailed with try gentlemen were so startled with this propo those, who, in the intermission of fighting,sition, that they protested against it; and poor loved to spend their time in jollity and mirth. Peuruddock was so passionate to preserve their He, as soon as the day was appointed, left Lon- lives, as if works of this nature could be done don, and went to some of his friends houses by haives, that the major general durst not perin the country, near the place, that he might sist in it; but was prevailed with to dismiss assist the preparations as much as was possible. the judges, and, having taken then their comThose of Hampshire were not so punctual at missions from them, to oblige them upon anotheir own rendezvous, as to be present at that ther occasion to remember to whom they owed near Salisbury at the hour; however, Wagstaff, their lives, resolving still to hang the sheriff; and they of Wiltshire, appeared according to who positively, though humbly, and with many expectation. Penruddock, a gentleman of a tears, refosed to proclaim the king; which fair fortune, and great zeal and forwardness in being otherwise done, they likewise prevailed the service, Hugh Grove, Jones, and other with him rather to keep the sheriff alive, and persons of condition, were there with a body to carry him with them to redeem an honester of near two hundred horse well armed; which, man out of the hands of their enemies. This they presumed, would every day be improved seemed an ill omen to their future agreement, upon the access of those who had engaged and submission to the commands of their themselves in the Western association, especial- general; nor was the tenderheartedness so gely after the fame of their being up, and effect- neral, but that very many of the gentlemen ing any thing, should come to their ears. were much scandalised at it, both as it was a They accounted that they were already strong contradiction to their commander in chief; enough to visit Salisbury in all its present lustre, and as it would have been a seasonable act of knowing that they had many friends there, and severity to have cemented those to persereckoning that all who were not against them, verance who were engaged in it, and have kept were for them; and that they should there en- them from entertaining any hopes but in the crease their numbers both in foot, and horse; sharpness of their swords. with which the town then abounded; Nor did their computation and conjecture fail them. They entered the city about five of the clock in the morning: they appointed some officers, of which they had plenty, to cause all the stabies to be locked up, that all the horses might be at their devotion; others, to break open the gaols, that all there might attend their benefactors. They kept a good body of horse upon the market-place, to encounter all opposition; and gave order to apprehend the judges and the sheriff, who were yet in their beds, and to bring them into the market-place with their several Coinmissions, not caring to seize upon the persons of any others. "All this was done with so little noise or disorder, as if the town had been all of one mind. They who were within doors, except they were commanded to come out, stayed still there, being more desirous to hear than to see what was done; very many being well pleased, and not willing that others should discern it in VOL. V. "The noise of this action was very great both in and out of the kingdom, whither it was quickly sent. Without doubt it was a bold enterprise, and might have produced wonderful effects, if it had been prosecuted with the same resolution, or the same rashness, it was entered into. All that was reasonable in the general contrivance of insurrection and cominotion over the whole kingdom, was founded upon a a supposition of the division and faction in the army; which was known to be so great, that it was thought Cromwell durst not draw the whole army to a general rendezvous, out of apprehension that, when they should once meet together, he should no longer be master of them. And thence it was concluded, that, if there were in any one place such a body brought together as might oblige Cromwell to make the army, or a considerable part of it to march, there would at least be no disposition in them to fight to strengthen his authority, which they abhorred. And many did at that time 3 D behalf of myself and of the gentlemen therein charged, I spake as followeth : Col. Fenruddock. My lords, though my education hath been such, as not to give me those advantages which the knowledge of the laws would have assisted me with, for the detending myself; yet upon the hearing this very Indictment, my reason tells me that it is illegal; and therefore I do demand counsel, that may dispute the illegality thereof. Serjeant Glyn. Sir, you desire that which believe, that if they had remained with that party at Salisbury for some days, which they might well have done without any disturbance, their numbers would have much encreased, and their friends farther West must have been prepared to receive them, when a retreat bad been necessary by a stronger part of the armies marching against them. Cromwell himself was alarmed; he knew well the distemper of the kingdom, and in his army, and now when he saw such a body gathered together without any noise, that durst, in the middle of the kingdom, enter into one of the chief cities of it, when his judges and all the civil power of that country was in it, and take them prisoners, and pro- | claim the king in a time of full peace, and when no man durst so much as name him but with a reproach, he could not imagine, that such an enterprise could be undertaken with out a universal conspiracy; in which his own army could not be innocent; and therefore knew not how to trust them together. But all this apprehension vanished, when it was known, that within four or five hours after they had performed this exploit, they left the town with very small encrease or addition to their numbers. cannot be granted; therefore give your answer, whether you are Guilty or Not Guilty of the Treason of which you stand charged. Penruddock. Sir, by your favour, it is that which hath been granted to my inferiors, viz. to Mr. Lilburne, and to one Rolf a shoemaker; and I have as great a right to the laws, 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 counsel for this Rolf: And it is a hard case, if in number, and commanded by an officer of no credit in the war, being in those parts by chance, followed them at a distance, till they were so spent, that he rather intreated than compelled them to deliver themselves; some, and amongst those Wagstaff, quitted their horses, and found shelter in some honest men's houses; where they were concealed till opportunity served to transport them into the parts beyond the seas, where they arrived safely. But Mr. Penruddock, Mr. Grove, and most of the rest, were taken prisoners, upon promise given by the officer that their lives should be saved: which they quickly found he had no authority to make good. For Cromwell no sooner heard of his cheap victory, than he sent judges away with a new commission of Oyer and Terminer, and order to proceed with the utmost severity against the offenders. But Roles, his chief justice, who had so luckily escaped at Salisbury, had not recovered the fright; and would no more look those men in the face who had dealt so kindly with him; but expressly refused to be employed in the service, raising some scruples in point of law, whether the men could be legally condemned; upon which Cromwell, shortly after, turned him out of his office, having found others who executed his commands. Penruddock, and Grove, lost their heads at Exeter; and others "The truth is, they did nothing resolutely after their first action; and were in such disorder, and discontent between themselves, that without staying for their friends out of Hamp-were hanged there; who having recovered the shire who were, to the number of two or three hundred horse, upon teir way, and would have been at Salisbury that night) upon pretence that they were expected in Dorsetshire, they left the town, and took the sheriff with then, about two of the clock in the afternoon: but were so weary of their day's labour, and their watching the night before, that they grew less in love with what they were about, and differed again amongst themselves about the sheriff; whom many desired presently released; and that party carried it in hope of receiving good offices afterwards from bin. In this manner they continued on their march Westward. They from Hampshire, and other places, who were behind them, being angry for their leaving Salisbury, would not follow, but scattered themselves; and they who were before them, and heard in what disorder they had left Witshire, likewise dispersed so that after they had continued their journey into Devonshi e, without meeting any who would join with them, horse and meu were so tired for want of meat and sleep, that one single troop of horse, inferior funtuess they were in when they rendered, died with great courage and resolution, professing their duty and loyalty to the king: many were sent to Salisbury, and thed and executed there, in the place where they had so lately triumphed; and some who were condemned, where there were fathers, and sons, and brothers, that the butchery might appear with Some remorse, were reprieved, and sold, and sent slaves to the Barbadoes; where their treatment was such, that few of them ever returned into their own country. Thus this ittle fire, which probably might have kindled and enflamed all the kingdom, was for the present extinguished in the West; and Cromwell secured without the help of his army; which he saw, by the couutenance it then shewed when they thought he should have use of them, it was high time to reform; and in that he resolved to use no longer delay." In the third voluine of Thurloe's State Papers are several letters and other documents relative to this and the contemporaneous insurrections, a free-born gentleman of England cannot have the same privilege that his inferiors have had before him. Attorney General (Mr. Prideaux). Sir, there is a great difference between treason acting and acted; the latter is your case : Therefore fatter not yourself, 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. Penruddock. I observe your distinction: But all the logic you have, shall not make me nor any rational 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 illegal, and I do demand counsel. Att. Gen. Sir. the Court must not be dallied withal: I do peremptorily demand of you, are you Guilty or Not Guilty? If you plead, you may have favour; otherwise we shall proceed to Sentence. Penruddock. Sir, put case I do plead, shall I then have counsel allowed me? Att. Gen. Sir, the Court makes no bargains; refer yourself to us. Hereupon my fellow-prisoners persuaded me to plead Not Guilty: Which being done, I demanded counsel, as being partly promised it. Mr. Attorney told me, I could have none. Then I replied;] Penruddock. Sir, durus est hic sermo, it is no more than I expected from you; but rather than 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 Trial: And the Jurors were so packed, 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.] Penruddock. Sir, I except against every part thereof; for I take it to be illegal in toto composito. Recorder Steel. Sir, it is not usual for any Court to admit of general Exceptions, therefore we expect that you should make it to some particular. Penruddock. Sir, I desire a copy of my Indictment, and time until to-morrow to make my Defence. Att. Gen. Sir, you cannot have it; the Court expects you should do it now. Penruddock. Then if I cannot have time, if my general 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 statute law. But this is neither grounded 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. Serj. 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. Penruddock. Sir, if I speak any thing which grates upon the present government, I may conhidently 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 himsel mad, and 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 HighTreason, by virtue 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 Bracton saith [5 Tract. de Delatis cap.], Rex non habet superiorem nisi Deum; satis habet ad poenam, quod Deum expectat ultorem.' And in another place he saith, [Bract. Rem. H. 3, cap. 3, sect. 24.] Rex habet potestatem et jurisdictionem super omnes qui in regno suo sunt: Ea quæ sunt jurisdictionis et pacis, ad nullum pertinent, nisi ad regiam dignitatem; habet etiam coer'cionem, ut delinquentes puniat et coerceat? Again he saith, Omnes sub rege, et ipse nullo nisi tantum Deo; non est inferior sibi sub'jectis; non parem habet in regno suo.' This shews us where the true power is: You shall find also, That whoever shall refuse to aid the king when war is levied against him, or against any that keep the king from his just rights, of fends the law, and is thereby guilty of treason, [Parl. Rol. num. 7.] Again, All men that adfrom treason by law: [Rex et consuetudo Parhere to the king in personal service, are freed liament. 11 H. 7, cap. 1.] 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. Att. Gen. Sir, you have not behaved your self so as to have such a favour from the Court. Penruddock. I require it not as a favour, but as my right. Att. Gen. Sir, you cannot have it. Penruddock. 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 blind-fold, but let that statute be their guide. Att. Gen. Sir, the Jury ought to be satis fied with what hath been already said, and so might you too. Penruddock. Sir, I thank you; you now tell me what I must trust to. Mr. Attorney then made a large speech in |