“To save from forfeiture my lands, sheep, goods, and chattels, and those of my mother and brother, falsely stated to be mine.”
Justice Millet gave an eager glance at Justice Hide.
“It is the law,” said the latter, apparently replying to an unuttered question. “The estate of an offender cannot be seized to the King's use before conviction. My Lord Coke is very clear on that point. It is the law; we must yield to it.”
“God forefend else!” replied Justice Millet in his meekest tone.
“Ralph Ray,” continued the judge, “let us be sure that you know what you do. If you stand mute a terrible punishment awaits you.”
Justice Millet interposed,—
“I repeat that the prisoner must plead. In the ancient law of peine forte et dure an exception is expressly made of all cases of regicide.”
“The indictment does not specify regicide as the prisoner's treason.”
Justice Millet hid his discomfiture in an ostentatious perusal of a copy of the indictment.
“But do not deceive yourself,” continued the judge, turning again towards the prisoner. “Do you know the penalty of standing mute? Do you know that to save your estates to your family by refusing to plead, you must suffer a terrible death,—a death without judgment, a death too shocking perhaps for so much as bare contemplation? Do you know this?”