Jackson was furious, and trumped up a vile charge against Foote, by

the aid of a coachman whom the actor had discharged from his service

for misconduct. Foote had made so many enemies that those whom he had

wounded and mortified found the money for a prosecution; and the case

was tried at King's Bench before Lord Mansfield and a special jury.

But it broke down completely, and Foote was acquitted.

As soon as the trial was over, his fellow dramatist Murphy took a

coach and drove to Foote's house in Suffolk Street, Charing Cross, to

be the first messenger of the good tidings.

Foote had been looking out of the window in anxious expectation of

such a message. Murphy, as soon as he perceived him, waved his hat in

token of victory, and jumping out of the coach, ran upstairs, to find

Foote extended on the floor, in hysterics. In this condition he

continued for nearly an hour before he could be recovered to any kind

of recollection of himself.

The charge, and the anxiety of the trial, broke his heart; he never

thoroughly rallied after it, and sold his patent in the Haymarket

Theatre to George Colman on January 16th, 1777. By the terms of this

agreement Colman obliged himself to pay Foote an annuity of sixteen

hundred pounds.

Having in some degree recovered his health, he was advised by his

physician to try the south of France during the winter; and with this

intent he reached Dover on the 20th October, 1777, on his way to Calais.

Whilst at Dover, he went into the kitchen of the inn to order a

particular dish for dinner, and the cook, understanding that he was

about to embark for France, began to brag of her powers, and defy him to

find any better _cuisine_ abroad, though, for her part, she said, she

had never crossed the water. "Why cookey," said Foote, "that cannot be,

for above stairs they informed me you have been several times _all over

grease_ (Greece)." "They may say what they like," retorted she, "but I

was never ten miles from Dover in all my life." "Nay, now," said Foote,

"that must be a fib, for I myself have seen you at _Spit-head_."

This was his last joke. Next morning he was seized with a shivering fit

whilst at breakfast, which increasing, he was put to bed. Another fit

succeeded that lasted three hours. He then seemed inclined to sleep, and

presently with a deep sigh expired on October 21st, 1777, in the

fifty-seventh year of his age. He was buried in Westminster Abbey.

The authors of the _Biographica Dramatica_ say of his farces "Mr.

Foote's dramatic works are all to be ranked among the _petites pièces_

of the theatre, as he never attempted anything which attained the bulk

of the more perfect drama. In the execution of them they are sometimes

loose, negligent, and unfinished, seeming rather to be the hasty

productions of a man of genius, whose Pegasus, though endued with fire,

has no inclination for fatigue, than the laboured finishings of a

professed dramatist aiming at immortality. His plots are somewhat

irregular, and their catastrophes not always conclusive or perfectly

wound up. Yet, with all these little deficiencies, it must be confessed

that they contain more of one essential property of comedy, viz. strong

character, than the writings of any other of our modern authors."

FOOTNOTE:

[17] Baptized S. Mary's, Truro, Jan. 27th, 1720-1.

THE LAST LORD MOHUN

The first of the family of Mohun known to history came over with the

Conqueror from Normandy, and received the name and title of Sapell,

Earl of Somerset. How the earldom lapsed we do not know, but a Mohun

next appears as Baron of Dunster. Apparently, but not certainly, the

earldom was taken from them by Henry III, for siding against him with

the Barons in 1297. A branch of the family settled at Boconnoc early

in the fifteenth century. In the church of Lanteglos by Fowey is a

brass of William Mohun, who died in 1508. Sir Reginald Mohun, Knt.,

was sheriff of Cornwall in 1553 and 1560. He was squire of the body to

Queen Elizabeth, and his son, Sir William Mohun, was sheriff in 1572

and 1578. His son, Sir Reginald, was created baronet in 1612, and his

grandson John was raised to be Baron Mohun of Okehampton in 1628.

Warwick, the second Lord Mohun, died in 1665, leaving a son, Charles,

third Baron, who married Lady Philippa Annesley, daughter of the Earl

of Anglesea, and by her had a son Charles, fourth Baron, and a

daughter Elizabeth, who died unmarried. He acted as second to Lord

Candish in a duel, where he was wounded in the belly and died soon

after; he was buried October 20th, 1677.

Charles, fourth Baron Mohun of Okehampton, was married in the first

place to Charlotte, daughter of Thomas Mainwaring. With her he lived

unhappily and was separated from her, nor would he acknowledge the

daughter born to her as being his own child. He had the good fortune,

however, to be rid of her at last, as she was drowned on a passage to

Ireland with one of her gallants. He married secondly Elizabeth,

daughter of Dr. Thomas Laurence, physician to Queen Anne, and widow of

Colonel Edward Griffith.

[Illustration: _Charles Mohun Lord Mohun._]

Fitton Gerrard, Earl of Macclesfield, maternal uncle of his first

wife, to make him some amends for his bad bargain, left to Lord Mohun

a good part of his estate.

Charles, fourth Baron Mohun, was of a contentious nature, and was

involved in several duels. He fought Lord Kennedy on December 7th, 1692.

On October 7th, 1694, a Mr. Scobell, a Cornish M.P., interfered with

Lord Mohun, who was attempting to kill a coachman in Pall Mall. Mohun,

furious at being interfered with, cut Mr. Scobell over the head, and

afterwards challenged him. He was also engaged in a duel with a Captain

Bingham on April 7th, 1697, when he was wounded in the hand. He was next

engaged in a quarrel with a Captain Hill of the Foot Guards, at the

Rummer Tavern on September 14th, 1697; he managed to kill Hill.

The story of the murder of Mountford the actor by Captain Hill, in

which Lord Mohun was involved as abetter, is given very fully by Sir

Bernard Burke, in his _Romance of the Aristocracy_, 1855, and I will

here condense his account.

Mrs. Bracegirdle was at the time a very charming actress, with a

delicious voice of remarkable flexibility, and her singing of such a

song as Eccles' "The bonny, bonny breeze" brought down the house; but

the mad song, "I burn, my brain consumes to ashes," as sung by her in

the character of Marcella in _Don Quixote_, was considered one of her

masterpieces. Cibber says that all the extravagance and frantic

passion of Lee's _Alexander the Great_ were excusable when Mrs.

Bracegirdle played Statira; that scarcely an audience saw her that

were not half her lovers without a suspected favourite among them. In

an age of general dissoluteness she bore an immaculate reputation, and

the licentious men about town knew perfectly well that she was beyond

the reach of their solicitations. Mrs. Bracegirdle had a friend, "a

miracle of fine acting," Mrs. Mountford, also a performer at the

Theatre Royal, Drury Lane, and became intimate with her. Some of the

malicious, who could ill believe that an actress was virtuous,

supposed that Mrs. Bracegirdle favoured that lady's husband, who was a

good actor of heroic tragedy.

Among the many admirers of Mrs. Bracegirdle was a Captain Richard

Hill. So infatuated was he with her charms, that he proposed to marry

her; but, when she rejected his offer, he regarded this as an insult,

and supposed that she had been persuaded by Mountford to refuse him.

Hill, in ungovernable wrath, vowed that he would kill the actor who

had dared to tender advice to the beautiful Mrs. Bracegirdle to reject

his offer, and also to carry off his mistress by force.

At a supper, where were Lord Mohun, Captain Hill, Colonel Tredenham,

and a Mr. Powell, Hill spoke openly of his purpose, and turning to

Powell said, "I am resolved to have the blood of Mountford." Powell,

who was a friend to both parties, took alarm at these words, and

replied that he should certainly inform Mountford of the threat and

caution him to be on his guard. Captain Hill then drew off from him,

and approached Lord Mohun, whom he speedily discovered to be ready to

act as his ally.

Along with Mohun, Hill now seriously set about the requisite

preparations for carrying out his purpose, which they agreed should

take place the following night. With this view, their first care was

to order a coach to be in waiting for them at nine o'clock in Drury

Lane, near the theatre; but, so as not to attract particular notice,

with two horses only, while a reserve of four more was to be held in

readiness at the stables, to convey Hill and Mrs. Bracegirdle to

Totteridge. That they expected a serious resistance was apparent, for

they not only provided themselves with pistols, but had bribed a party

of soldiers to assist them in the enterprise.

During the day the confederates dined together at a tavern in Covent

Garden, and talked openly of their intention, before several other

persons who were present. But strangely enough, not a syllable reached

those interested, to give them timely warning. Yet the conversation

was of a nature to excite attention; they discussed the scheme

unreservedly, and Lord Mohun remarked that the affair would cost at

least fifty pounds; to which Hill replied, "If that villain Mountford

resist I will stab him." "And I will stand your friend if you do,"

observed Lord Mohun.

It so happened, however, that Mrs. Bracegirdle did not play that

night, and the confederates learned the fact, as also that she was

supping at the house of a Mr. Page in Princes Street hard by, and

thither, accordingly, they repaired, planting themselves with the

soldiers over against a house occupied by Lord Craven.

Nine o'clock struck, and still no signs of her for whom they were

watching. They began to think that they must have been misinformed and

ordered the coachman to drive to Howard Street, where Mrs. Bracegirdle

lodged, in the house of a Mrs. Browne. Howard Street is a cross-way

leading from Arundel Street, through Norfolk Street, to Surrey Street,

in the former of which lived Mountford, so that it was not possible for

the actor on his return from the theatre to fail coming upon them. Here,

however, they did not remain long, their suspicions having been excited

by the appearance of several individuals pacing up and down in front of

the lady's lodgings, and these they thought must be spies set to watch

their proceedings. They accordingly returned to their former station by

the house of Mr. Page. At ten o'clock the door opened and that gentleman

issued forth along with Mrs. Bracegirdle, her mother and brother, and

volunteered to accompany them home, an offer they declined, as they said

that they needed no further protection; however, he attended them part

of the way. On coming up Drury Lane they were surprised to see a crowd

about a coach drawn up before the house of Lord Craven, with the steps

down. In this Lord Mohun was seated, with several cases of pistols near

him. Before they had time to inquire into the meaning of this, two of

the soldiers rushed forward, forced Mrs. Bracegirdle away from Page, and

would have dragged her to the coach but that her mother clung about her

neck, in spite of some rough handling by the ruffians. Thereupon up ran

Hill, and he struck at both Page and the old lady with his drawn sword;

but some of the crowd looking on interfered so effectually that he found

himself obliged to withdraw. However, he rallied, and pretending that

there was a disturbance and that the lady was in danger and that she

required safe conduct, he so persuaded Mrs. Bracegirdle that he had no

part in the matter that she allowed him to escort her and her mother to

their home, and Lord Mohun and the soldiers followed as though in

pursuit, Hill occasionally facing round as though to dare them to

approach.

Upon reaching Howard Street the soldiers were dismissed, as being no

longer required, as it was now deemed impossible to carry out the

original plan of a forcible abduction.

Just as Hill was about to withdraw, he plucked Page by the sleeve, and

intimated to him that he had a desire to speak with him in private;

but that gentleman, who was eager to be back at his own house, replied

hastily that "another time would do; to-morrow would serve."

However, no sooner was Mrs. Bracegirdle safe within the house, than

the others, fearing that evil might befall Page, laid hold of him and

drew him within, and closed the door in the face of Captain Hill.

Instead of having his ardour cooled by his rebuff, the captain became

more wroth, and determined to revenge himself on Mountford; and in

conjunction with Lord Mohun, he continued pacing up and down the

street for two mortal hours with his sword drawn.

Those within the house being greatly alarmed at their proceedings,

sent Mrs. Browne out to inquire the reason of this. To this they

replied, with the utmost frankness, that they were awaiting the

arrival of Mr. Mountford. As evidence that the besiegers had no

intention of withdrawing, they sent for a couple of bottles of wine,

when the watch came up and asked what they were doing in the streets

at such an hour of the night with drawn swords in their hands.

These inquiries were cut short at once by Lord Mohun saying, "I am a

peer of the realm; touch me if you dare!" a reply that so staggered

the watch that they slunk away without further question. They had,

however, observed the waiter who brought the wine and they followed

him to the tavern to draw from him an explanation they did not venture

to demand from a nobleman.

Whilst the besiegers were tipping off their wine, the besieged found

an opportunity for sending a messenger to warn Mrs. Mountford of the

danger threatening her husband and to bid her communicate with him.

Nor was this the only one, a second and perhaps a third were also

despatched to caution him. But unhappily every one of these messengers

failed to reach him, and at midnight he came along the street on his

way homeward without entertaining the least apprehension.

Lord Mohun was the first to meet and salute the unhappy man, when the

latter expressed his surprise at finding his lordship there at such an

hour.

"I suppose you have been sent for?" was the curt reply. Mountford

said, No--he was there on his way home from the playhouse.

"You know all about the lady, I imagine," said Lord Mohun.

Mountford not understanding the drift of his words said, "I hope that

my wife has given you no offence."

"You mistake me," said Lord Mohun; "it is Mrs. Bracegirdle that I mean."

"Mrs. Bracegirdle is no concern of mine," replied Mountford; "but I

hope your lordship does not countenance any ill action of Mr. Hill."

The conversation was interrupted by the impatient captain, who

suddenly started forward, and exclaiming, "This is no longer the time

for such discourses!" struck Mountford with his left hand, and

immediately ran him through the body. The wounded man did not fall to

the ground at once; he had still, for a moment, sufficient strength

left to draw his sword, though not to use it, when, exhausted by the

effort, he sank upon the ground.

A cry of murder arose, Hill fled, and the watch came up now from the

tavern where they had been questioning the drawer and imbibing.

Mountford was carried to his own lodgings, where he died, about one

o'clock in the afternoon of the same day, for it was some time after

midnight when the affair took place.

"The grand jury of Middlesex," says Macaulay, "consisting of gentlemen

of note, found a bill of murder against Hill and Mohun. Hill escaped.

Mohun was taken. His mother threw herself at King William's feet, but

in vain. 'It was a cruel act,' said the King. 'I shall leave it to the

law.'

"The trial came on in the Court of the Lord High Steward, and, as

Parliament happened to be sitting, the culprit had the advantage of

being judged by the whole body of the peerage. There was then no

lawyer in the Upper House. It therefore became necessary, for the

first time since Buckhurst had pronounced sentence on Essex and

Southampton, that a peer who had never made jurisprudence his special

study should preside over that grave tribunal. Caermarthen, who, as

Lord President, took precedence of all the nobility, was appointed

Lord High Steward. A full report of the proceedings has come down to

us. No person, who carefully examines that report, and attends to the

opinion unanimously given by the judges in answer to a question which

Nottingham drew up, and in which the facts brought out by the evidence

are stated with perfect fairness, can doubt that the crime of murder

was fully brought home to the prisoner. Such was the opinion of the

King, who was present during the trial; and such was the almost

unanimous opinion of the public. Had the issue been tried by Holt and

twelve plain men at the Old Bailey, there can be no doubt that a

verdict of Guilty would have been returned. The Peers, however, by

sixty-nine votes to fourteen, acquitted their accused brother. One

great nobleman was so brutal and stupid as to say, 'After all, the

fellow was but a player; and players are rogues.' All the newspapers,

all the coffee-house orators complained that the blood of the poor was

shed with impunity by the great. Wits remarked that the only fair

thing about the trial was the show of ladies in the galleries. Letters

and journals are still extant in which men of all shades of opinion,

Whigs, Tories, Non-jurors, condemn the partiality of the tribunal."

On the one hand, the words of the dying man exculpated Mohun from any

share in the actual murder; on the other hand, it is clear from the

uncontradicted testimony of more than one witness, that he was fully

cognizant of Hill's intentions, and that he did not hesitate to

encourage him by his presence through the whole affair. According to

the Attorney-General, his first question, when he surrendered himself,

was, "Has Mr. Hill escaped?" and, upon being answered in the

affirmative, he exclaimed, "I am glad of it! I should not care if I

were hanged for him," his only regret being that Hill had escaped with

very little money about him. He confessed, moreover, to the watch,

that he had changed coats with his friend; the object, of course, was

to throw out the pursuers as much as possible by this slight disguise.

This is Lord Mohun's portrait as drawn by a not unfavourable hand:

"Charles, Lord Mohun, is the representative of a very ancient family,

but he had the misfortune to come to the title young, while the estate

was in decay; his quality introduced him into the best company, but his

wants very often led him into bad; so that he became one of the

arrantest rakes in town, and, indeed, a scandal to the peerage; was

generally a sharer in all riots; and before he was twenty years old was

tried twice for murder by the House of Peers. On his being acquitted at

the last trial, he expressed his contrition for the scandal he brought

upon his degree as peer by his behaviour, in very handsome terms, and

promised to behave himself so, for the future, as not to give further

scandal; and he has been as good as his word; for now he applies himself

in good earnest to the knowledge of the constitution of his country, and

to serve it; and having a good deal of fine and good sense, turned this

way, makes him very considerable in the House. He is brave in his

person, bold in his expressions, and rectifies, as fast as he can, the

slips of his youth, by acts of honesty, which he now glories in more

than he was formerly extravagant. He was married, when very young, to a

niece of my Lord Macclesfield, who, dying without issue, left him a

considerable estate,[18] which he well improves. The Queen continues him

colonel of a regiment of foot. He is of middle stature, inclining to

fat, not thirty years old."

However much he may have intended to amend, Lord Mohun was again

involved in a murder, that of a Mr. Coote, a few years later, in

conjunction with the Earl of Warwick; he was, however, pronounced

innocent by the unanimous suffrage of the Peers.

After this last affair only was it that he amended his ways, and the

author of _The History of Queen Anne_, March 11th, London, 1713, gives

a favourable account of him. "After this last misfortune my Lord Mohun

did wonderfully reclaim; and what by his reading, what by his

conversation with the ablest statesmen, so well improved his natural

parts, that he became a great ornament to the peerage and a strenuous

asserter of the cause of Liberty, and the late Revolution: which last,

however, could not but raise him many enemies; and is, I doubt, the

only reason why his memory is so unfairly, so barbarously treated.

'Tis true, my Lord Mohun, like most men in our cold climate, still

lov'd a merry glass of wine with his friends. But in this he was a

happy reverse to some men, who owe all their bright parts in the

management of affairs to the fumes of Burgundy and Champaign: for he

was exemplarily temperate when he had any business of moment to

attend. He behaved himself so discretely at the Court of Hanover,

whither he accompanyed the late Earl of Macclesfield, whose niece he

had married, that he left an excellent character behind him with the

most serene Elector, and the Princess Sophia, his mother, two allow'd

judges of merit; and when his Highness was to be install'd Knight of

the Garter he appointed the Lord Mohun to be his proxy."[19]

Party feeling strongly coloured the descriptions given of the

character of Lord Mohun. He was a Whig and zealous advocate of the

claims of the Elector of Hanover, and was consequently obnoxious to

the Tories and Jacobites. In the _Examiner_ he is represented in the

worst light; and is even accused of cowardice; but Bishop Burnet was

able to say no more of him than this: "I am sorry I cannot say so much

good of him as I wish; and I had too much kindness for him, to say any

evil unnecessarily."

In 1711 the attention of the legislature was drawn to the subject of

duels by Sir Peter King; and after dwelling on the alarming increase

of the practice, obtained leave to bring in a Bill for the prevention

and punishment of duelling. It was read a first time on May 11th, and

was ordered for a second reading in the ensuing week.

About the same time the attention of the Upper House was also drawn

to the subject in a painful manner. In a debate in the Lords upon the

conduct of the Duke of Ormond in refusing to hazard a general

engagement with the enemy, Earl Pawlet remarked that nobody could

doubt the courage of the Duke. "He was not like a certain general, who

led troops to the slaughter, to cause great numbers of officers to be

knocked on the head in a battle, or against stone walls, in order to

fill his pockets by disposing of their commissions."

That this was levelled at the Duke of Marlborough no one doubted, but he

remained silent, though evidently suffering in mind. Soon after the

House broke up, the Earl Pawlet received a visit from Lord Mohun, who

told him that the Duke of Marlborough desired some explanation of the

words he had used, as certain expressions employed by his lordship were

greatly offensive to him. He would accordingly be very glad to meet him,

and for that purpose desired him "to take a little air in the country."

Earl Pawlet did not affect to misunderstand the hint, but asked Lord

Mohun in plain terms whether he brought a challenge from the Duke.

Lord Mohun answered that he considered what he had said needed no

elucidation, and that he himself would accompany the Duke of

Marlborough as second.

He then took his leave, and Earl Pawlet returned home and confided to

his lady that he was going to fight a duel with the Duke of Marlborough.

The Countess, greatly alarmed for her lord's safety, gave notice of his

intention to the Earl of Dartmouth, who immediately, in the Queen's

name, sent for the Duke of Marlborough and commanded him not to stir

abroad. He also caused Earl Pawlet's house to be guarded by two

sentinels; and having taken these precautions, informed the Queen of

the whole affair. Her Majesty sent at once for the Duke, expressed her

abhorrence of the custom of duelling, and required his word of honour

that he would proceed no further. The Duke pledged his word accordingly,

and the affair terminated, much, doubtless, to the disappointment of

Lord Mohun, who took a delight in these passages of arms.

We come now to the last duel of Lord Mohun, in which he lost his life

and his title expired. The reader will recall the description given of

it in _Esmond_.

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