could not find coaches, and then there was orders for the getting of chairs; when some chairs were brought, Mr. Coote and Mr. French went into two of the chairs, but my lord Mohon interposed, and said there should be nothing done that night, and that if they went away he would call for a file of musqueteers from the guard, and secure them; and thereupon they came out of the chairs, and went into the house, and there was the noise of swords clashing heard at the bar; captain Coote said he would laugh when he pleased, and frown when he pleased, and they parted; three were on one side, and three on the other of the bar; my lord of Warwick, my lord Mohun, and captain Coote, were on one side; captain Frenchi, captain James and Mr. Dockwra, were on the other side. Indeed he says my lord Mohun and my lord of Warwick did what they could to pacify them, and threatened to send for the guards; but away they went. The next witness was Thomas Browne, and he was the chairman that carried Mr. Coote, and he says, that there was an endeavour by my lord of Warwick and my lord Mohun to put off the business at that time, and that they did what they could to have put it off, and that even after they were in their chairs, when they were turned up St. Martin's Jane, there they stopped at the back door of the Cross-Keys-tavern, and that while they stood there with their three chairs, three other chairs came by, and then captain Coote bid them put up, and follow after those chairs as fast as they could to Leicester-fields. The next witness is William Crippes, who was the other chairman that carried captain Coote, and he gives your lordships much the same account that Browne gave before, and his evidence was just to the same purpose, that my lord of Warwick and my lord Mohun endeavoured to pacify the matter, and that there should be an end of the business for that night, and let it alone till another time; and that my lord Mohun threatened to send for the guards, and secure them, and would have had them gone home, that is Mr. Coote either with him to his lodging, or he would go to Mr. Coote's; but he could not prevail. Then my lord Mohun said, if he would go on, his Jordship would go and see an end of the business. The next witness was one Crattle, who was one of the chairmen that carried my lord of Warwick, and he says, that my lord Mohun and my lord of Warwick did endeavour what they could to put off the matter till the next morning, but that they could not prevail; that afterwards, when he carried my lord from Leicester-fields to the Bagnio, my lord borrowed a handkerchief of him to wrap his hand in, for he said he was wounded, but by whom that wound was given does not appear, nor how he came by that wound, any otherwise than as his lordship himself says, that it was given him by Mr. James. The next was the other chairman that carried my lord of Warwick, which was John Gibson, and his testimony need not be repeated, because it did not differ from the others. The next witness was Robert Applegate, who was the chairman that carried my lord Mohun; and he says, that there was an endeavour used by my lord upon his setting down in St. Martin's lane, to quiet captain Coote, and prevent any quarrel at that time; but he says, when they would go on, my lord Mobun said, he would go and see the end of it; and thereupon they went on towards Leicester-fields to the end of Green-street, which is at the lower end of the ` square. The next witness was Palmer, who was one of the chairmen that carried Mr. French to the Baguio in Long-Acre; and he tells your lordships what happened upon his carrying him thither; how, immediately after his coming there, my lord of Warwick came thither, and they knocked at the door at the same time, and that captain French was very much wounded, and they went into the house together, and that French would have had them pull off his cloaths to see his wounds, for he believed he was a dead man. The next witness was the chairman which carried Mr. James, and he only tells your lordships that he carried a gentleman into Leicesterfields; that my lord Mohun endeavoured to put off the business for that night; but who the person was that he carried he cannot so well tell, nor give an account of; but when he had set him down at the further end of the square, there he left him, and he knows no further. Then there was the surgeon at the bagnio in Long Acre, who gives your lordships an account, that about two o'clock in the morning on the Sunday, my lord of Warwick and captain French carne in there; captain French was wounded in the body, and my lord Warwick was wounded in the band, and my lord Warwick did take extraordinary care of captain French, and would not have the door opened to any body, nor his lordship known to be there; that afterwards captain James and Mr. Dockwra came to the door, and my lord came to the door himself, and when he saw who they were, he ordered them to be let in; and that there was a discourse about going into the country, and that there was a fear that Coote was killed. This is the effect of the testimony both of the surgeon and his servants; and it is to be observed, that when captain French came in, his sword was not bloody, but my lord of Warwick's sword was bloody almost all over, and that was taken notice of the next day; and there are several witnesses, both men and women of that house, that give your lordships an account much to the same purpose. Then there was captain Duckinfield, who says, that my lord of Warwick came to his lodgings, and they went in a coach together to the tavern in Cornhill, and then there was a discourse of going into the country, and my lord said that he was afraid his friend Coote was killed; but that they had no absolute news of his being killed at that time; for it should seem my lord | of Warwick forsook the field as soon as the fatal stroke was given, which, by whom it was given, is left to your lordships' consideration. Indeed it is pretended by my lord, that the wound that he had in his hand was given him by Mr. James; but nothing of that is made apparent to your lordships upon the proofs. Then we came to give your lordships an account of the nature of the wounds that Mr. Coote had in his body; and for that we produced both the surgeon that did probe the wounds by the order of the coroner, and the coroner himself. Indeed we could not get a positive answer from either the surgeon or the coroner, whether the wounds were given by one and the same sword, or by different swords; but then your lordships have the testimony of Mr. Turner, who was captain Coote's servant, and who knows his master's sword, and it hath been shown to him, and he says, that it is his master's sword that he went out with; and it can be easily judged whether he could give himself those wounds by that sword. And your lordships have likewise had brought before you another sword, which was Jeft at the bagnio in Long Acre, that was captain French's, that had no blood at all upon it; but my lord of Warwick's, it seems by all the evidence, had a great deal of blood upon it. Then came the witnesses for the prisoner at the bar, this noble lord, my lord Warwick; and the sum of the testimonies that they have given, is of a great deal of kindness between my lord Warwick and captain Coote; that my lord lent him a hundred guineas to purchase his commission in the guards, when he had but three of four hundred guineas which was necessary to make the purchase; and there | are several of them that do testify, that they always looked upon captain Coote and my lord of Warwick to be very good friends, and that there never was any quarrel between them; and that is the sum of what the evidence on that side did testify. And this, my lords, I take to be the sum of the evidence that has been given on either side; and when I have laid it thus before your lordships, I must submit it to your lordship's judgment, what opinion you will be of upon the whole matter; only there is this one observation that I would make to your lordships upon this evidence, That there is not one witness that has given you an account satisfactory, by whose hand these wounds were given to Mr. Coote; and therefore, though it is apparent my lord of Warwick was in the place where the mortal wonnd was given, yet by whose hand it was given is not yet known; until that can be known, every person that was there must remain under the imputation of the same guilt, as having a hand, and contributing to his death; it is certain, and cannot be denied, that this noble lord, my lord at the bar, was in the field, wherein there was actual fighting; for he does not deny it himself, but says, that he was engaged particularly with captain James, when captain Coote was engaged with capt. French, between whom, as it is alledged, the quarrel was; but that is no way, in point of fact, made appear to your lordships; and there being such suspicions and circumstances of the blood upon my lord of Warwick's sword, and the great concern that he was in when he came to the bagnio, and desiring to be concealed, and that nobody should know that he was there, and the care he took of Mr. French, who is the pretended person that did the fact, is that which is to be subunitted to your lordships; and it is to be observed, that Mr. French's sword was not bloody, but only dirty; but my lord of Warwick's sword was very bloody from the hilt to the point, and he was in a great consternation when he came into the house. There is likewise a circumstance which your lordships will please to observe, that even Mr. Coote's sword was brought into the house by some of the company that were there; and whatsoever this noble lord pretends of his friendship to Mr. Coote, yet, it seems by his care that he took of captain French, he had as much friendship for him. There is another circumstance that has been testified; which it will be fit for your lordships to take into consideration, and make some observation of; that is, the nature of the wound : It seems, he had two wounds, one on the left side of the breast, near the collar bone, and that was downward; and yet his man, that was here produced as a witness, does testify, that he was one that used his right hand, and then it is a wonder that he should receive such a sort of a wound in that part; and the other wound was on the left side too, but it was upward, and how that could be given to one that was a right handed man, is certainly a very great wonder; and the wounds being both given upon the same side, it cannot but be concluded, that they were given by one and the same sword. Another circumstance which relates to my lord of Warwick is, that when he came into the Bagnio, after the fact was over, he would have himself denied to be there, and went to the door when James and Dockwra came in; and his declaring his desire of going into the country; these, we say, are circumstances that do induce a doubt, that my lord of Warwick had a concern upon him of great guilt of having a hand in this man's death: it is indeed pretended by my lord of Warwick, that Mr. Conte was a person that my lord of Warwick had a kindness for; but it is plain by the evidence, that he left him dead in the field, and did not take any care of him, but took a great deal of care of captain French, who, it is pretended, was the person that fought with Coote, when he came to the Bagnio; and there is nothing of kindness at this time pretended, nor any thing of a defence to this matter offered by my lord of Warwick, but only what the chairmen say, that he endeavoured to put it off to another time. These, my lords, are all the observations that I shall make upon the evidence in this case; how far this evidence, upon consideration, will weigh with your lordships, I must submit it to you. If my lord of War 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. L. H. S. This House is adjourned into the 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 puisue baron, which was the lord Bernard. L. H. S. My lord Bernard, is Edward earl of Warwick guilty of the felony and murder whereof he 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. 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. has been arraigned upon an indictment for the L. H. S. My lord of Warwick, your lordship killing Mr. Coote; you have pleaded not guilty, and put yourself upon your trial by your peers here present; my lords have heard the evidence given both against you and for you, and have considered of it, and are come to a resolution; and their judgment is, That your lordship is not guilty of the murder whereof you stand indicted, but that you are guilty of manslaughter. What has your lordship to say, why judgment of death should not be pronounced against you according to the law? 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 he 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 judg-| ment?-Lords. Ay, ay. * Mr. Barrington, Observations on 34 Ed. 9, 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. Earl of War. My lords, I desire that the benefit of my peerage may be allowed me, according 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 will 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. * Mr. Barrington (Obs. on 12 H. 7, cap.7,) says, "I find but one instance of a criminal's not claiming the benefit of clergy, which is that of the duke of Somerset." See in this Collection, vol. 1, pp. 509, 515, the proceedings against him. The expression of sir John Hayward, to whom Barrington refers (See his "Life and Reign of Edward the Sixth") in 2 Kennett, are observable, "The duke of Somerset might have craved his clergy; but he suffered judgment to pass." If lord Audley (See his case in this Collection, vol. 3, pp. 401, 402, 403, 2 Hale's Pleas of the Crown, c. 43. Leach's Hawk. Pl. Cr. b. 2, chap. 30, s. 25, chap. 53, s. 28.) had stood mute upon the indictment against him for the rape, he would have 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 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, with out 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 bave 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. 2 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 wil 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 Mohun, 'your lordship stands indicted in the county of Middlesex, by the name of Charles lord Mohun 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 ford 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 he the said Edward earl of Warwick and Holland in his right hand then and there had and held drawn, the aforesaid 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 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 matice 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? L. Mohun. By God and my peers. Cl. of Cr. God send your lordship good deliverance. Ct. of Cr. Serjeant at Arms, make proclamation. 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 Mohun, the prisoner at the bar, let them come forth and give their evidence; for now he stands at the bar for his deli | Mr. Corper. 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 Holland, 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 aforethought, 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 |