courtesy. This gave an impression (a false one) that the gentry sympathized with her.
After a little murmur of functionaries, the Clerk of Arraigns turned to the prisoner, and said, in a loud voice, "Catharine Gaunt, hold up thy hand."
She held up her hand, and he recited the indictment, which charged that, not having the fear of God before her eyes, but being moved by the instigation of the Devil, she had on the fifteenth of October, in the tenth year of the reign of his present Majesty, aided and abetted one Thomas Leicester in an assault upon one Griffith Gaunt, Esq., and him, the said Griffith Gaunt, did with force and arms assassinate and do to death, against the peace of our said Lord the King, his crown and dignity.
After reading the indictment, the Clerk of Arraigns turned to the prisoner: "How sayest thou, Catharine Gaunt; art thou guilty of the felony and murder whereof thou standest indicted,—or not guilty?"
"I am not guilty."
"Culprit, how wilt thou be tried?"
"Culprit I am none, but only accused. I will be tried by God and my country."
"God send thee a good deliverance."
Mr. Whitworth, the junior counsel for the crown, then rose to open the case; but the prisoner, with a pale face, but most courteous demeanor, begged his leave to make a previous motion to the court. Mr. Whitworth bowed, and sat down. "My Lord," said she, "I have first a favor to ask; and that favor, methinks, you will grant, since it is but justice, impartial justice. My accuser, I hear, has two counsel; both learned and able. I am but a woman, and no match for their skill Therefore I beg your Lordship to allow me counsel on my defence, to matter of fact as well as of law. I know this is not usual; but it is just, and I am informed it has sometimes been granted in trials of life and death, and that your Lordship hath the power', if you have the will, to do me so much justice."
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
