wick did do the fact, as these circumstances, we think, may incline your lordships to believe he did, it will surely be murder; but how far the evidence comes up to the proof of that, we most humbly submit to your lordships, who are the judges of it; and we leave it intirely to your consideration upon what you have heard. L. H. S. Then it seems you have done on all sides.—Counsel. Yes, my lords. Lords. Then adjourn, adjourn. L. H. S. Is it your lordships' pleasure to adjourn into the House of Lords? Lords. Ay, ay. Cl. of the Cr. Serjeant at Arms, make proclamation. Serj. at Arms. O yes, O yes, O yes! chief governor of the Tower of London, bring forth the body of your prisoner, Edward earl of Warwick, forthwith, upon pain and peril will fall thereon. Then the earl of Warwick was brought to the bar. L. H. S. My lord of Warwick, your lordship has been arraigned upon an indictment for the killing Mr. Coote; you have pleaded not guil L. H. S. This House is adjourned into the ty, and put yourself upon your trial by your House of Lords. Then the Lords went back to their own House in the same order they came into the court in Westminster-hall, and debated the matter among themselves, what judgment to give upon the evidence that had been heard; and in about two hours time they returned again into the court, erected upon a scaffold in Westminster-hall; and after they were seated in their places, the Lord High Steward being seated in his chair before the throne, spoke to the lords thus: L. H. S. Will your lordships proceed to give your judgment?-Lords. Ay, ay. L. H. S. Your lordships will give me leave, as I ask your lordships your several opinions, to take so much time as to write down the opinion of every lord.-Lords. Ay, ay. Then the Lord High Steward asked this question of every one of the lords there present, beginning with the puisne baron, which was the lord Bernard. L. H. S. My lord Bernard, is Edward earl of Warwick guilty of the felony and murder whereof be stands indicted, or not guilty? The lord Bernard stood up in his place uncovered, and laying his right hand upon his breast, pronounced his judgment thus: L. Bernard. Not guilty of murder, but guilty of manslaughter, upon my honour*. The same Question was asked severally of all the lords, who in the same form delivered the same opinion. Then the Lord High Steward reckoned up the number of the Peers that were then present, and the opinions that were given, and afterwards acquainted their lordships with the Resolutions that they came to, in this manner: L. H. S. My lords, your lordships are 93 in number here present, and you have all acquitted my lord of Warwick of the murder whereof be stands indicted, but you are of opinion that he is guilty of manslaughter: Is it your pleasure that he should be called to the bar, and acquainted with your lordships judgment?-Lords. Ay, ay. * Mr. Barrington, Observations on 34 Ed. 3, infers from a Case in the year books, (Mich. 1, Hen. 4,) that the answer originally was upon my conscience, and not upon my honour. peers here present; my lords have heard the evidence given both against you and for you, resolution; and their judgment is, That your and have considered of it, and are come to a lordship is not guilty of the murder whereof manslaughter. What has your lordship to you stand indicted, but that you are guilty of pronounced against you according to the law? say, why judgment of death should not be benefit of my peerage may be allowed me, acEarl of War. My lords, I desire that the cording to the statute of Edward the 6th*. L. H. S. My lord, your lordship has demanded the benefit of your peerage upon the statute of Edward the 6th, and you must have it by law; but I am directed by their lordships to acquaint you, that you cannot have the benefit of that statute twice; therefore I am likewise directed by their lordships to say, that they hope you ill take a more than ordinary care of your behaviour for the future, that so you may never hereafter fall into such unfortunate circumstances as you have been now under; my lords hope this will be so sensible a warning, that nothing of this kind will ever happen to you again; your lordship is now to be discharged. L. H. S. Is it your lordships' pleasure to adjourn to the House of Lords?" Lords. Ay, ay. L. H. S. This House is adjourned to the House of Lords. Then the lords went in procession, in the same order that they came into the court. says, "I find but one instance of a criminal's * Mr. Barrington (Obs. on 12 H. 7, cap.7,) not claiming the benefit of clergy, which is Collection, vol. 1, pp. 509, 515, the proceedthat of the duke of Somerset." See in this Hayward, to whom Barrington refers (See his ings against him. The expression of sir John Kennett, are observable, "The duke of Somer"Life and Reign of Edward the Sixth") in 2 fared judgment to pass." set might have craved his clergy; but he sufhis case in this Collection, vol. 3, pp. 401, 402, If lord Audley (See 403, 2 Hale's Pleas of the Crown, c. 43. Leach's Hawk. Pl. Cr. b. 2, chap. 30, s. 25, dictment against him for the rape, he would chap. 53, s. 28.) had stood mute upon the inhave intitled himself to benefit of clergy, and so have avoided sentence of death upon that conviction, 403. The Trial of CHARLES Lord MOHUN,* before the House of Lords, for the Murder of Richard Coote, esq.: 11 WILLIAM III. A. D. 1699. March 29, 1699. ABOUT one of the clock the Lords came, in the same order as the day before to the trial of the earl of Warwick, into the court erected in Westminster-hall, Cl. of Cr. Serjeant at Arms, make proclamation. Serj. at Arms. O Yes, O Yes, O Yes! My Lord High Steward his grace does strictly charge and command all manner of persons here present to keep silence, upon pain of imprisonment. Serj. at Arms. O Yes, O Yes, O Yes! All manner of persons who are obliged to give their attendance here this day, before his grace my Lord High Steward of England, let them give their attendance forthwith. Cl. of Cr. Serjeant at Arms, make proclamation again. Serj. at Arms. O Yes, O Yes, O Yes! His grace my Lord High Steward of England does straitly charge and command all manner of persons here present to be uncovered. Cl. of Cr. Serjeant at Arms, make proclamation again. Serj. at Arms. O Yes, O Yes, O Yes! Chief governor of the Tower of London, bring forth the body of your prisoner Charles lord Mohun forthwith, upon pain and peril will fall thereon. [Then my lord Mohun was brought to the bar.] L. High Steward. (Lord Somers.) My lord Mohun, your lordship is now brought upon your trial for the murder of Mr. Coote, for which you stand indicted by the grand jury for the county of Middlesex. The king, who knows that justice is one of the pillars which supports a throne, will have a strict account taken of the blood of any of his subjects, without respect to the quality of the slain, or of the person who stands charged with his death. There is not one of the noble peers here present, who are to be your triers, but does heartily wish your lordship innocent; but on the other side, if you should appear to be guilty upon the evidence, you ought not to hope that any consideration of relation, friendship, or pity, will prevail against justice. And therefore, since in your present condition every thing that is valuable in this world is at stake, it will be highly necessary for your lordship to recollect yourself, and to have your best thoughts about you. Facts of this nature are frequently at * See his former Trial for Murder, Vol. 12, p. 950, of this Collection. See, also, Holt, 479; and East's Pleas of the Crown, c. 5, s. 134. tended with such unhappy circumstances, that a noble person may be justly covered with shame to have faults and weaknesses exposed to such an assembly as this, although he be not conscious to himself of the guilt of blood: but your lordship ought not to be so far discomposed with any thoughts of this kind, as to neglect your defence against this heavy accusation of murder. In order to this, it is necessary for your lordship to hear with temper what will be said against you, and by no means to interrupt the counsel or witnesses. I will take care to give your lordship notice when the proper time comes for you to make your observations upon the evidence, to examine your witnesses, and to say what you think proper for your own defence; and when my lords have heard, and fully and maturely considered the whole matter, their lordships will give such a judgment as the law and justice require. L. H. S. Read the indictment to my lord. Clerk of the Crown. Charles lord Molun, your lordship stands indicted in the county of Middlesex, by the name of Charles lordMohun of Okehampton in the county of 'Devon, late of the parish of St. Martin's in the Fields in the county of Middlesex, together with Edward earl of Warwick and Holland, 'late of the same parish and county, Richard French, late of the same parish and county, gent. Roger James, late of the same parish and county, gent, and George Dockwra, late of the same parish and county, gent. not having the fear of God before your eyes, but being moved and seduced by the instigation of the devil, the 30th day of October, in the tenth year of the reign of our sovereign lord that now is, William the third, by the grace of God of England, Scotland, France, and Ireland, king, defender of the faith, &c. with force and arms, &c. at the parish aforesaid, in the 'county of Middlesex aforesaid, in and upon one Richard Coote, esq. in the peace of God, and our said sovereign lord the king, that now is, then and there being, feloniously, wilfully, and of your malice afore-thought did make 'an assault; and that the aforesaid Edward earl of Warwick and Holland, with a certain sword made of iron and steel, of the value of five shillings, which be the said Edward earl of Warwick and Holland in his right hand then and there had and held drawn, the afore'said Richard Coote, in and upon the left part of the breast of him the said Richard Coote, 'near the collar-bone of him the said Richard Coote, then and there feloniously, voluntarily, and of his malice afore-thought, did strike, 'stab, and thrust in, giving to the said Richard 6 6 "Coote, then and there with the sword drawn aforesaid, in and upon the left part of the breast of him the said Richard Coote, near the collar-bone of him the said Richard Coote, one mortal wound of the breadth of half an " inch, and of the depth of five inches, of which 'said mortal wound he the aforesaid Richard Coote then and there instantly died: and that you the said lord Mohun, together with the said Richard French, Roger James, and George Dockwra, then and there feloniously, wilfully, and of your malice afore-thought, were present, aiding, abetting, comforting, assisting, and maintaining the said Edward earl of Warwick and Holland, the said Richard Coote in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, to kill and murder; and so the said • Edward earl of Warwick and Holland, and you the said Charles lord Mohun, Richard French, Roger James, and George Dockwra, the aforesaid Richard Coote, in manner and form aforesaid, feloniously, wilfully, and of your malice afore-thought, did kill and murder, against the peace of our sovereign lord the king, that now is, his crown and dignity.' Cl. of Cr. How say you, Charles lord Mohun, are you guilty of this felony and murder, whereof you stand indicted, or not guilty? L. Mohun. Not guilty. Cl. of Cr. Culprit, How will you be tried? liverance. Cl. of Cr. Serjeant at Arms, make procla mation. Serj. at Arms. O yes, O yes, O yes! All manner of persons that will give evidence on behalf of our sovereign lord the king, against Charles lord Mohuu, the prisoner at the bar, let them come forth and give their evidence; for now he stands at the bar for his deli verance. L. Mohun. My lords, I desire I may have the benefit of pen, ink, and paper. L. H. S. Your lordships are pleased to permit my lord Mohun to have pen, ink, and paper? Lords. Ay, ay. [Pen, ink, and paper were carried to my lord, by one of the clerks of the House.] Mr. Cowper. May it please your lordships, my lord Mohun, the prisoner at the bar, stands indicted by the grand jury of the county of Middlesex, before commissioners of Oyer and Terminer in that county; and the indictment sets forth, That Edward earl of Warwick and HolJand, Charles lord Mohun, baron Mohun of Okehampton in the county of Devon, Richard French, Roger James and George Dockwra, the 30th of October, in the tenth year of his majesty's reign, with force and arms, at the parish of St. Martin in the Fields, in the county of Middlesex, upon one Richard Coote, esq; feloniously, wilfully, and of their malice aforethought, did make an assault; and that the said Edward earl of Warwick and Holland, with a drawn sword then in his right hand, the said Richard Coote, upon the left part of his breast near the collar bone, did strike, stab, and thrust, giving him thereby a mortal wound of the breadth of half an inch, and the depth of five inches, of which wound he instantly died; that my lord Mohun, Mr. French, Mr. James and Mr. Dockwra, feloniously, wilfully, and of their malice aforethought, were present, aiding, and abetting my lord of Warwick and Holland, the said Richard Coote, in manner aforesaid, to kill and murder; and then concludes, so that the earl of Warwick and Holland, the said lord Mohun, Richard French, Roger James, and George Dockwra, the said Richard Coote, in manner and form aforesaid, feloniously, wilfully, and of their malice afore thought, did kill and murder, against the peace of the king, his crown and dignity. To this indictment my lord Mohun has pleaded not guilty, and for his trial has put himself upon God and your lordships, his peers. We shall call our witnesses, and produce what evidence we have to give to prove my lord Mohun guilty, and to submit it to you. Attorney General. (Sir Thomas Trevor.) My lords, this noble lord, my lord Mohun, the prisoner at the bar, stands indicted for the death of Mr. Coote, one of the king's subjects, as your lordships have heard in the case that was before you yesterday; to which indictment he hath pleaded not guilty, and for his trial has put himself upon my lords, who are his peers; I shall very shortly open the substance of the evidence that we shall offer for the king against my lord, the prisoner at the bar; we shall produce evidence to prove, that at the time laid in the indictment, the 29th of October at night, and the next morning, which was Sunday, my lord the prisoner at the bar, and my lord of Warwick, (who has been found guilty of manslaughter upon this indictment before your lordships) and those other persons that are named in the indictment, captain French, captain James, and Mr. Dockwra, and the gentleman that was killed, happened to be at the Greyhound tavern in the Strand, which was then kept by Mr. Locket, and continued there morning, about one or two of the clock in the a great part of the night, indeed till the next morning; there was my lord of Warwick, my lord Mohun, captain French, captain Coote, and Mr. Dockwra; but very late in the night the other gentleman, Mr. James, was sent for: A messenger was sent particularly to have him come to them; there they continued drinking till about one or two of the clock in the morning, then coaches were sent for; then the drawer of the house will acquaint your lordships, that he went for them, and could not get any at that time, being a very dark night; and when there could be no coaches had, then there were chairs called for, and the drawer went to call chairs; and as we shall make it appear to your lordships, when the drawer came back, there did appear to be a quarrel among them, for there was clashing of swords, | yesterday; tell the whole matter again, because and they seemed to be divided into two parties; it relates to another noble lord that is now at on the one side were my lord of Warwick, my the bar. lord Mohun the prisoner at the bar, and Mr. Coote; on the other side were captain French, captain James, and Mr. Dockwra; and first there were two chairs came to the door, into which Mr. French and Mr. Coote went, and when they were in the chairs my lord Mohun came out, and said he would kill any of the chairmen that went away; and so they put up again, and the gentlemen came out, and came into the house; but afterwards Mr. Coote went into the first chair, and my lord of Warwick into the next, and my lord Mohun into the third, and then they went away; and the other three gentlemen went into the other three chairs, and followed them. Your lordships will hear whither they were all carried. When they came to the end of St. Martin's lane in the Strand, my lord Mohun would indeed have endeavoured to have persuaded Mr. Coote in particular to have gone home for that night, and let the business alone till another time; but Mr. Coote would go on; and while the three chairs carried my lord of Warwick, my lord Mohun, and Mr. Coote to St. Martin's lane end, which were the three first chairs that went away from Locket's, the other three chairs that went after them overtook them, and then by Mr. Coote's command, the chairmen that carried him went forward towards Leicester fields; and then this noble lord, my lord Mohun, did say, If you go on, I will go and see the end of it, and ordered the chairman that carried him to go after those chairs in which my lord of Warwick and Mr. Coote went; and accordingly they did go till they came to the hither end of the square in Leicester fields, near Green street end, where my lord Mohun got out of his chair, and paid for all the three chairs three shillings. But we shall not be able to give to your lordships an account particularly as to my lord Mohun, what he did afterwards, but we shall call our witnesses to prove what we have opened; and when our witnesses are heard, we shall leave the matter to your lordships' judgment. [Samuel Cawthorne, which was the drawer at the tavern at Locket's, was sworn, and gave his evidence to the same effect that he did the day before.] Att. Gen. Pray, will you acquaint my lords, who were at your house the 29th and 30th of October last, Saturday night and Sunday morning? Cawthorne. There were my lord of Warwick, my lord Mohun, captain Coote, capt. French, Mr. Dockwra, and Mr. James. Att. Gen. How long did they continue there? Caw. Till between one and two o'clock in the morning. Att. Gen. Pray, will you acquaint my lords what happened at your master's house at that time; you remember what evidence you gave Caw. The reckoning was called for about that time, and I went up and took the reckoning, and all the gentlemen came down to the bar, and coaches were sent for; I went for them, but no coaches could be bad: then chairs were sent for, and I called for chairs, and there came two chairs to the door, and into those two chairs went capt. Coote and capt. French; and my lord Mohun and my lord of Warwick endeavoured to quiet them, and to put off the business till another day, and thereupon they came out of the chairs, and came into the house again; my lord Mohun did desire there might be no quarrel, and would have Mr. Coote go home with him to his lodgings at Westminster, or he would go with Mr. Coote, and said there should be no quarrel that night: there were then three of them on one side of the bar, and three of the other side, and their swords were all drawn. My lord of Warwick, my lord Mohun, and Mr. Coote, were of one side, and captain French, capt. James, and Mr. Dockwra, were of the other side: I was without the house when the swords were first drawn ; but I heard my lord Mohun say, I have got a cut finger by endeavouring to part them; and at first when the chairs came on, my lord Mohun said, it they did quarrel, he would send to the guards for a file of musqueteers, and secure them; so that he did what he could to prevent any quarrel at all; and when he had received the wound in his hand, I helped him to a napkin to wrap his hand in, upon the bleeding of it: then my lord of Warwick, my lord Mohun, and captain Coote, went away in three chairs, and my lord Mohun gave order to go down to Westminster; and there were three chairs called for by the other three persons; two did come, and capt. French and capt. James went into them; and the sixth not being come, they staid till it did come, and then they three went away too; the chairs were all ordered to go home with them; iny lord of Warwick and my lord Mohun gave order to their chairs to keep close with Mr. Coote; and the other three chairs immediately followed. Caw. No, I was sent for him about ten o'clock at night, and there he continued with them till they went all away in the six chairs, and he was almost fuddled when he came in. Att. Gen. When James came in, was his sword drawn? Caw. His sword was in the scabbard, but the scabbard was broken, and he took and broke, his sword stamping upon it. Att. Gen. Pray, can you tell, you being up and down in the room, what was the occasion of the quarrel? Caw. Indeed I cannot tell; but some words past when they were below stairs by the bar from capt. Coote, that he would laugh when he pleased, and frown when he pleased; and Mr. Dockwra did say, that they would fight them whenever they pleased when they went away; but I did not observe that there was any quarrel between them while they were above, nor any swords drawn till after I came from calling the chairs. Att. Gen. Were all the swords drawn at once? Caw. They were all drawn when I came in from calling for the coaches and the chairs, and three were within the bar, and three were without; they were putting up their swords when I came in again; indeed I do not know any thing of the quarrel. L. H.S. My lord Móhun, will you ask this witness any questions? L. Mohun. Indeed, I think I need not ask him any question; but yet, if your lordships please, I would ask him this, Whether directly or indirectly I was any ways concerned in the quarrel? or, whether I did not endeavour all that ever I could to quiet them? Caw. Yes, indeed, my lord Mohun did endeavour all that ever he could to prevent any quarrel at that time. L. Mohun. Did I say any thing tending to the promoting of a quarrel or fighting among them? Caw. No; my lord Mohun did not promote any thing of the quarrel between them, but he did say two or three times, that he would send for the guards to secure them, and keep them from fighting, both at the door of the house, and at the bar, and asked for a napkin to wrap up his hand in, for the wound which he said he got in endeavouring to quiet and part them, and prevent their fighting. L. Mohun. That is all that I would ask him, whether I did not endeavour all that I could to prevent any quarrelling or fighting at that time? Caw. Yes, indeed, my lord did so. L. H. S. He has said so already, my lord, and therefore there does not need any further examination of him to that point: if both sides have done with this witness, let him go down. (Which he did.) L. H. S. Then, Mr. Attorney, who is your next witness? Att. Gen. Our next witness is Thomas Browne, who was one of the chairmen that carried Mr. Coote into Leicester-fields. [Then he was sworn.] L. H. S. What is the question you would ask him, Mr. Attorney? Att. Gen. My lords, I desire he may be asked and examined, and acquaint your lordships, who it was that he carried from Locket's the 29th of October last to Leicester-fields, and what time it was of the night? Browne. I carried Mr. Coote in my chair. Att. Gen. Whither were you directed to carry him? Browne. To Leicester-fields. Att. Gen. What time of night was it? Browne. It was three quarters past one, as near as I could guess. Att. Gen. Pray, what other chairs were there that went along with you? Browne. There were two other chairs. Att. Gen. Who were in those chairs, pray? Browne. There were my lord of Warwick in one, and my lord Mohun in the other. Alt. Gen. Did you three go away from Locket's together? Browne. Yes, we did; and when we were bid to take up, we went to the end of St. Martin's-lane, and turning up at the end of St. Martin's-lane, there my lord of Warwick and my lord Mohun called out to capt. Coote to stay, and to turn down to go to Westminster; but Mr. Coote would turn up the lane, and my lord of Warwick and my lord Mohun made a stop at the back door of the Cross-Keys tavern, and both of them persuaded Mr. Coote to put it off till the next morning; but he would not, he said he would make an end of it that night. Att. Gen. Pray, recollect yourself, did they name among them what their business was that they would make an end of? Browne. No, they did not. Att. Gen. Who was it that stopped at St. Martin's-lane end? Browne. When we were turning up at St. Martin's-lane end, my lord of Warwick and my lord Mohun called out to stop, and asked Mr. Coote whither he was going? and when he said, to Leicester-fields, my lord Mohun called out to us to set down, which we did, at the back-door of the Cross-Keys tavern; they did both of them, my lord Warwick and my lord Mohun, persuade Mr. Coote to go home to Westminster, and not to end the business that night; but he would go on; and while we were there, there went three other chairs up St. Martin's-lane on the other side of the way; then Mr. Coote, who was in our chair, bid us take up, and follow those chairs into the fields, and swore, Damn him, he would run his sword into one of us, if we did not make haste, and overtake those other chairs, and go before them; I think his words were, Damn me, I'll run my sword into your breech, if you do 'not make haste, and get before that other 'chair.' Att. Gen. You say then, they went all away together up to Leicester-fields? Browne. Yes, they did so. Lord Mohun. I desire he may be asked, Whether I did not desire him to go home with me to my lodging at Westminster? Browne. Yes, you did, and begged of him as if it had been for an alms, that he would put it off for that night; but when the other chairs past by us at Charing-cross, in St. Martin's-lane, he would have the chair taken up, and us to make what haste we could to get before them thither, or else, he swore, damn him, he would run his sword into one of us, if we did not make haste to get to Leicester-fields before the other chairs that went up the other side of the way. Att. Gen. When the other chairs were past |