The Judge looked towards Mr. Serjeant Wiltshire, who was the leader on the other side. He rose instantly and replied to this purpose: "The prisoner is misinformed. The truth is, that from time immemorial, and down to the other day, a person indicted for a capital offence was never allowed counsel at all, except to matters of law, and these must be started by himself. By recent practice the rule hath been so far relaxed that counsel have sometimes been permitted to examine and cross-examine witnesses for a prisoner; but never to make observations on the evidence, nor to draw inferences from it to the point in issue." _Mrs. Gaunt._ So, then, if I be sued for a small sum of money, I may have skilled orators to defend me against their like. But if I be sued for my life and honor, I may not oppose skill to skill, but must stand here a child against you that are masters. 'Tis a monstrous iniquity, and you yourself, sir, will not deny it. _Serjeant Wiltshire._ Madam, permit me. Whether it be a hardship to deny full counsel to prisoners in criminal cases, I shall not pretend to say; but if it be, 'tis a hardship of the law's making, and not of mine nor of my lord's; and none have suffered by it (at least in our day) but those who had broken the law. The Serjeant then stopped a minute, and whispered with his junior. After which he turned to the Judge. "My Lord, we that are of counsel for the crown desire to do nothing that is hard where a person's life is at stake. We yield to the prisoner any indulgence for which your Lordship can find a precedent in your reading; but no more: and so we leave the matter to you." _The Clerk of Arraigns._ Crier, proclaim silence. _The Crier._ Oyez! Oyez! Oyez! His Majesty's Justices do strictly charge all manner of persons to keep silence, on pain of imprisonment. _The Judge._ Prisoner, what my Brother Wiltshire says, the law is clear in. There is no precedent for what you ask, and the contrary practice stares us in the face for centuries. What seems to you a partial practice, and, to be frank, some learned persons are of your mind, must be set against this,--that in capital cases the burden of proof lies on the crown, and not on the accused. Also it is my duty to give you all the assistance I can, and that I shall do. Thus then it is: you can be allowed counsel to examine your own witnesses, and cross-examine the witnesses for the crown, and speak to points of law, to be started by yourself,--but no further. He then asked her what gentleman there present he should assign to her for counsel.