[536] At the trial of Colledge:—Sergeant Maynard: “It is Mr. Oates’ saying; it is Mr. Turbervile’s oath.” 8 State Trials 638.
[537] See e.g. the statement of Hyde, L.C.J., at Twyn’s trial in 1663. L.C.J.: “If I did not mistake, you desired to have counsel; was that your request?” Twyn; “Yes.” L.C.J.: “Then I will tell you, we are bound to be of counsel with you in point of law; that is, the court, my brethren and myself, are to see that you suffer nothing for your want of knowledge in matter of law; I say we are to be of counsel with you.... To the matter of fact, whether it be so or no; in this case the law does not allow you counsel to plead for you, but in matter of law we are of counsel for you, and it shall be our care to see that you have no wrong done you.” 6 State Trials 516, 517. See also the 5th Resolution in the case of Sir Harry Vane. 6 State Trials 131.
[538] See e.g. Coleman’s trial. 7 State Trials 14. L.C.J.: “The labour lies upon their hands, ... therefore you need not have counsel, because the proof must be plain upon you.” See also Don Pantaleon Sa’s case. 4 State Trials 466.
[539] See Colledge’s trial. L.C.J. North: “Counsel you cannot have, unless matter of law arises, and that must be propounded by you; and then if it be a matter debatable, the court will assign you counsel; but it must be upon a matter fit to be argued.” 8 State Trials 570. Similarly Jones, J., ibid. 571.
At Sidney’s trial Jeffreys, L.C.J.: “If you assign any particular point of law, then, if the court think it such a point as may be worth the debating, you shall have counsel.”
[540] 8 State Trials 579.
[541] See Burnet ii. 196, 291. Pepys, Diary January 21, 1667. North, Life of Guildford 195, 196, 291.
[542] 6 State Trials 570.
[543] 7 State Trials 463.
[544] 7 State Trials 1339. That the barristers withdrew is evident from Winnington’s subsequent remark: “We did perceive his counsel come up towards the bar and very near him, and therefore we thought it our duty to speak before any inconvenience happened.” Ibid. 1340.