By W. W. Ravenhill, Esq. 



263 



ou r hands, & an Indictment of High Treason was Read ag 9t . 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 ch . the knowledg of the Lawes would have assisted mee w th ., 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 1 '., you desire that w ch . cannot be granted you therefore give 

 yo r . answer, whether you are guiltie or Not Guiltie of the Treason of w ch . you 

 stand charged. 



Penruddocke — S r ., by yo r . Favour, it is that w ch . has bin granted to my in- 

 ferior, videlicet : to Mr. Lilborn & To one Rolfe a shoemaker, I have as great a 

 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 rs . have 

 had before him.f 



Mr. Attorney — S r . there is a great difference between treason Acting & acted 

 the later is yo r . case|, therefore flatter not yo r selfe & doe not thinke yo r . beinge 

 mute shall save yo r . estate in case of Treason ; For if you plead not to the In- 

 dictment, sentence wil be pronounced ag st . you, as if you had bin found guiltie 

 of the Fact you are charged. § 



Penruddocke — S r . I observe yo r . 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. S rs . 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 r ., the Court must not be dally ed w th . 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 r . put case I should plead, shall I then have counsell allowed 

 mee. 



Mr. Attorney — S r ., the Court makes noe Bargaines refer yorself to us For 

 that — hereupon my fellow-prisoners persuaded me to plead Not Guiltie w ch . 

 beinge done, I demanded councell as being partly promised it, Mr. Attorney told 

 mee I could have none. 



Then I replied S r . Durus est Hie 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 heen given as Sergeant, and the difference of expression is important, 

 t These cases have heen already mentioned. See note to the 12th of the prisoneis' pleas. 

 t 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 Arehbold's Crim, Pleading, 

 15th ed., p. 130, and R. v. Israel, 2, cc. 263. 



|| Word erased. 



