201 Records of the Rising in the West, A.JD. 1655. 



The Juro™. being then called, I challenged about 24 of the 35 T might have 

 challenged. The rest of the gentlemen were sent From the Barr, I was left alone 

 upon my Try all, and the Juro 18 were so Packt, that had I known them the issue 

 had been the same that it was. The Juro rs being sworn, & the Indictment again 

 read, Mr. Attorney demanded what Exception I could make to it. 



Penruddock— S 1 ., I except ag st every part thereof; for I take it to t be illegall 

 in toto compo&ito. 



Mr. Recorder Steel — 8 r ., it is not usuall, For any Court to admit of generall 

 Exceptions, therefore wee expect that you should make it to some particular.* 



Penruddocke\ — S r ., if my generall Exception might have b n . admitted, it 

 would have told you, that there can be noe High Treason in this Nation, but 

 it must be grounded either upon the Common Law or the Statute. But this 

 is neither grounded upon the Common law, or the Statute, ergo noe treason : % 



Judge Glyn — S r ., you are peramtory, you strike at the government ; you will 

 Fare noe whitt the better For this, speak as to any particular exception you 

 have to the Indictment. 



Penruddock — S r . if I speak any thing w ch . grates upon the present government 

 I may confidently expect yo r . pardon ; my life is as deare to me, as the § govern- 

 ment can be to any of you. The holy Profet David, when he was in danger of 

 his life, Feigned himself madd & the spittle hung upon his beard ; You may 

 therefore easyly excuse my imperfections & since I am now Forced to give you 

 my particular Exception, more plainly, to the Indictment I am boul'd to tell you 

 that I observe that the words of the later part of it tell mee that I am guiltie 

 of High Treason, by virtue of a statute in that case made & provided : if there 

 be any such statute, pray let it be read ; I know none such.|| 



Mr. Attorney — Sir, you have not behaved yo r self soe as to have such a 

 Favour from the Court. 



Penruddock — S r ., I require it not as a favour, but as my right. 



Mr. Attorney — S r ., you cannot have it. 



Penruddock — S r ., if I cannot have it, these gentlemen that are the Juro rs 



* The Recorder appears to be right. , 



+ Interpolation— " Sir, I desire a copy of my Indictment and time until tomorrow to make my 

 defence. 



Att. Gen. — Sir, you cannot have it.jthe Court expects you should do it now. 

 Penruddock— Then If I cannot have time—" 



t Interpolation — " Against a Protector, who hath no power according to the law, neither is there 

 any such thing in law as a Protector, for all treasons and such pleas are propria causa regis." 



\ The word " present" erased here. 



I] Interpolation— " My actions were for the king; and I well remember what Bracton saith, (5 

 Tract de Delatis cap.,) ' Rex non habet superiorum nisi Deum ; satis habet ad poenam, quod Deum 

 expectat ultorem,' and in |another place he saith, (Bract. Rem. H, 3, cap. 3, sec. 24) f Rex habet 

 potestatem et jurisdictionem super omnes qui in reguo suo sunt : Ea quse sunt jurisdictionis et pacis 

 ad nullum pertinent, nisi ad regiam dignitatem ; habet etiam coercionem, ut delinquetes puniat et 

 coerceat,', Again he saith, ' Omnes sub rege, et ipso nullo nisi tantum Deo ; non est inferior sibi 

 6ubjectis ; 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, offends the law, and is thereby guilty of treason (Pari. Rol. 

 num. 7). Again, All men that adhere to the king in personal service, are freed from treason by law : 

 (Rex et consuetudo Parliament , 1 1 Hen. VII., 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." 



