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 It apparent to your lordships upon the proofs. 17 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 shewn 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 left at the bagnio in Long Acre, that was capGitain 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 bis 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 havingfa 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 submitted 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 conster nation 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 eircumstance 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 pretend ed 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, Lords. Then adjourn, adjourn, 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. Cl. of the Cr. Serjeant at Arms, make proclamation. Serj. at Arms. O yes, O yes, 0 yes! chief governor of the Tower of London, bring forth the body of your prisoner, Edward earl of War. wick, 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 guil ty, and put yourself npon your trial by your peers here present; my lords bave 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? 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 bas de manded 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 be 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 opi-nefit of that statute twice; therefore I am nion 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 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. 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 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. 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 crimicas not claiming the benefit of clergy, which is that of the duke of Somerset." See in this Collection, vol. 1, pp. 509, 515, the proceed ings 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 suf fered judgment to pass." If lord Audley (See his case in this Collection, vol. 3, pp. 401,40%, 403, 2 Hale's Pleas of the Crown, c. 4% Leach's Hawk. Pl. Cr. b. 2, chap. 30, s. 25, chap. 53, s. 28.) had stood mute upon the in dictment 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 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, 0 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 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 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 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 he the said Edward earl of Warwick and Holland in bis 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 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? L. Mohun. By God and my peers. Cl. of Cr. God send your lordship good deliverance. 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 Mohun, 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 aforethought, did kill and murder, against the peace of the king, his crown and dignity. To this indictment my lord Mobun 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 Mohan 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 bath 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. Caw. The reckoning was called for about Coote; on the other side were captain French, that time, and I went up and took the reckoncaptain James, and Mr. Dockwra; and firsting, and all the gentlemen came down to the there were two chairs came to the door, into bar, and coaches were sent for; I went for which Mr. French and Mr. Coote went, and them, but no coaches could be had': then chairs when they were in the chairs my lord Mohun were sent for, and I called for chairs, and there came out, and said he would kill any of the came two chairs to the door, and into those chairmen that went away; and so they put up two chairs went capt. Coote and capt. French; again, and the gentlemen came out, and came and my lord Mohun and my lord of Warwick into the house; but afterwards Mr. Coote went endeavoured to quiet them, and to put off the into the first chair, and my lord of Warwick business till another day, and thereupon they ths into the next, and my lord Mohun into the came out of the chairs, and came into the house third, and then they went away; and the other again; my lord Mohun did desire there might three gentlemen went into the other three be no quarrel, and would have Mr. Coote go #chairs, and followed them. Your lordships home with him to his lodgings at Westminster, will hear whither they were all carried. When or he would go with Mr. Coote, and said there they came to the end of St. Martin's lane in should be no quarrel that night: there were the Strand, my lord Mobun would indeed have then three of them on one side of the bar, and endeavoured to have persuaded Mr. Coote in three of the other side, and their swords were particular to have gone home for that night, all drawn. My lord of Warwick, my lord Moand let the business alone till another time; hun, and Mr. Coote, were of one side, and capbut Mr. Coote would go on; and while the tain French, capt. James, and Mr. Dockwra, three chairs carried my lord of Warwick, my were of the other side: 1 was without the house lord Mohun, and Mr. Coote to St. Martin's lane when the swords were first drawn; but I heard end, which were the three first chairs that went my lord Mobun say, I have got a cut finger by away from Locket's, the other three chairs that endeavouring to part them; and at first when went after them overtook them, and then by the chairs came on, my lord Mohun said, if Mr. Coote's command, the chairmen that car- they did quarrel, he would send to the guards ried him went forward towards Leicester fields; for a file of musqueteers, and secure them; so and then this noble lord, my lord Mohun, did that he did what he could to prevent any quarsay, If you go on, I will go and see the end of rel at all; and when he had received the wound it, and ordered the chairman that carried him in bis hand, I helped him to a napkin to wrap to go after those chairs in which my lord of his hand in, upon the bleeding of it: then my Warwick and Mr. Coote went; and accord-lord of Warwick, my lord Mohun, and captain ingly they did go till they came to the hither Coote, went away in three chairs, and my lord end of the square in Leicester fields, near Mohun gave order to go down to Westminster; Green street end, where my lord Mohun got and there were three chairs called for by the out of his chair, and paid for all the three chairs other three persons; two did come, and capt. three shillings. But we shall not be able to French and capt. James went into them; and give to your lordships an account particularly the sixth not being come, they staid till it did as to my lord Mohun, what he did afterwards, come, and then they three went away too; the but we shall call our witnesses to prove what chairs were all ordered to go home with them; we have opened; and when our witnesses are my lord of Warwick and my lord Mohun gave beard, we shall leave the matter to your lord-order to their chairs to keep close with Mr. ships' judgment. Coote; and the other three chairs immediately followed. [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 collect with yourself, was Mr. James there at Att. Gen. Pray, will you consider, and re first? 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 |