By W. W. Ravenhill, Esq. 263 
ou" hands, & an Indictment of High Treason was Read ag*t. us: & being Asked 
whether wee would plead Guiltie or Not Guiltie to the Indictment, in the be- 
halfe of myselfe & the rest of the gentlemen therein charged I spake as Followeth : 
My Lords, though my education hath bin such, as not to give mee those ad- 
vantages w*", the knowledg of the Lawes would have assisted mee w'., For the 
defendinge myselfe; yeat upon the hearinge this very Indictment, my Reason 
tells mee that it is illegal and therefore I doe demand counsell that may dis- 
pute the Illegalitie thereof. 
Judg.* Glyn—S'., you desire that w°". cannot be granted you therefore give 
yo". answer, whether you are guiltie or Not Guiltie of the Treason of w™, you 
stand charged. 
Penruddocke—S'., by yor. Favour, it is that w. has bin granted to my in- 
ferio™, videlicet: to Mr. Lilborn & To one Rolfe a shoemaker, I have as greata 
right to the lawes as any person that sets here as my Judge, I doe therefore 
challenge it as my Right. Judg Nicholas, whome I there see will tell you he 
himselfe was of counsell For this Rolfe & it is a hard case if a Free-born 
gentleman of England cannot have the same preveledge that his inferio™. have 
had before him.+ . 
Mr, Attorney—S*". there is a great difference between treason Acting & acted 
the later is yo". casef, therefore flatter not yo'selfe & doe not thinke yo". beinge 
mute shall save yo". estate in case of Treason; For if you plead not to the In- 
dictment, sentence wil be pronounced ag*. you, as if you had bin found guiltie 
of the Fact you are charged.§ 
Penruddocke—S*. I observe yor. distinction: But all the Logic you have, 
shall not make mee or any rationall || man acknowledge, that this was either 
acting or acted, before it be proved. 8S". it is but a bare suspition, & I hope 
you will not condemne mee before I am convicted. I say the Indictment is 
illegall, & I doe demand counsell. 
Mr. Attorney—S'., the Court must not be dallyed w*. all: I doe peramtorely 
demand of you, are you Guiltie or not Guiltie, yeat if you plead,—you may have 
Favour ; otherwise wee shall proceed to sentence. 
Penruddock—S'. put case I should plead, shall I then have counsell allowed 
mee. 
Mr. Attorney—S*., the Court makes noe Bargaines refer yorself to us For 
that— hereupon my fellow-prisoners persuaded me to plead Not Guiltie w%. 
beinge done, I demanded cauncell as being partly promised it, Mr. Attorney told 
mee I could have none. 
Then I replied S'. Durus est Hic sermo, it is noe more than I expected From 
you; but rather than I will be taken off unheard, I will make my owne defence 
as well as I can. 
* This has always been given as Sergeant, and the difference of expression is important. 
+ These cases have been already mentioned. See note to the 12th of the prisoners’ pleas. 
It is no mere conspiring to levy war, and therefore argueable; but an acted levying. You ap- 
peared in arms, declared King Charles, carried off the High Sheriff, the Protector’s representative 
for Wilts. 
Mr. Nutley’s letter, p. 253, sup. tells us that escape was contemplated by Penruddock, and also 
that he intended to stand mute; therefore the Attorney-General pressed for a reply. As to the pro- 
ceeding where a prisoner stands mute of malice on his arraignment, see Archbold’s Crim, Pleading, 
15th ed., p. 130, and R. v. Israel, 2, cc, 263. 
+ || Word erased. 
