LORD HIGH STEWARD--Give him his oath. (Which the clerk did.)

ATTORNEY-GENERAL--My lords, I doubt the witness is so far off,

that it will be difficult for him to hear the questions that we

are to ask him, unless we could have him nearer to us.

LORD HIGH STEWARD--Mr. Attorney, my lords seem to be of opinion

that it will be more for your advantage and theirs that the

witnesses stand at the distance they do; which will oblige you

to raise your voice so loud, that they may hear the witnesses

and you too.

ATTORNEY-GENERAL--Is your name Samuel Cawthorne?

CAWTHORNE--Yes, my lord.

ATTORNEY-GENERAL--Where do you live?

CAWTHORNE--With Mr. Locket at Charing-cross.

ATTORNEY-GENERAL--Did you live with him at the Greyhound tavern

in the Strand the latter end of October last?

CAWTHORNE--Yes, I did.

ATTORNEY-GENERAL--Well, pray will you acquaint my lords with

the time when my lord of Warwick, my lord Mohun, and Mr. Coote

were at that house, how long they stayed, what happened while

they were there, and when they went away?

CAWTHORNE--It was Saturday night, the 29th of October last.

ATTORNEY-GENERAL--Pray tell my lords the whole of your

knowledge in the matter.

CAWTHORNE--There came my lord of Warwick, my lord Mohun,

captain Coote, capt. French, and captain Dockwra, the 29th of

October last, in the evening, to my master's house at the

Greyhound tavern in the Strand.

ATTORNEY-GENERAL--How long were they there, and what time of

night came they in?

CAWTHORNE--About 8 o'clock at night, my lord Warwick, my lord

Mohun, capt. French, and capt. Coote, came in.

ATTORNEY-GENERAL--What day do you say it was?

CAWTHORNE--Saturday, the 29th of October last.

ATTORNEY-GENERAL--How long did they continue there?

CAWTHORNE--It was between one and two the next morning before

they went away.

ATTORNEY-GENERAL--Was any body sent for to come to them there?

CAWTHORNE--Yes, Mr. James.

ATTORNEY-GENERAL--What time was that?

CAWTHORNE--About twelve of the clock.

ATTORNEY-GENERAL--Did he stay with them till they went away?

CAWTHORNE--Yes.

ATTORNEY-GENERAL--What did you observe pass in the company

while they were there?

CAWTHORNE--I did not observe any thing of quarrel, not so much

as an angry word amongst them, till they came down to the bar

and were going away; when they came down to the bar they

ordered me to call them chairs, or coaches; and there were no

coaches to be had, and so I went for chairs, and two chairs

came; for the porter that went to call the coaches was a great

while before he came back; and, as I said, I going for chairs,

there came two; but that they said was not enough; so more

chairs were called for, and at length there were more chairs

gotten; in the first three chairs, my lord of Warwick, my lord

Mohun, and captain Coote went away in; and my lord Warwick and

my lord Mohun bid the chairmen carry them home.

ATTORNEY-GENERAL--Were there then any other chairs at the door?

CAWTHORNE--There were two more chairs at the door, and another

was called for.

ATTORNEY-GENERAL--Did you hear any directions given where they

should carry them?

CAWTHORNE--My lord Warwick and my lord Mohun bid them carry

them home.

ATTORNEY-GENERAL--Did you hear my lord Warwick or my lord Mohun

particularly, and which, say whither they would be carried?

CAWTHORNE--I did hear my lord Mohun say, captain Coote should

go and lie with him, or he would go and lie with capt. Coote

that night, for there should be no quarrelling.

ATTORNEY-GENERAL--Did they upon that go away?

CAWTHORNE--Mr. French and Mr. Coote were in chairs before my

lord Mohun or my lord Warwick, or any of the rest.

ATTORNEY-GENERAL--What then happened upon their going into the

chairs?

CAWTHORNE--My lord Mohun came out to them and swore there

should be no quarrel that night, but he would send for the

guards and secure them.

ATTORNEY-GENERAL--What happened then?

CAWTHORNE--Upon that, both of them came out of their chairs and

came into the house, and there they came to the bar three of

them in the passage by the bar, and three of them behind that

passage.

ATTORNEY-GENERAL--Pray, will you tell what did really pass

throughout the whole transaction? What was done after they came

in again into the house?

CAWTHORNE--After that, I was bid to call for six chairs, if I

could get no coaches, and so I did; and when I had brought what

chairs I could get, and returned to the bar I heard the swords

clash; when the swords were drawn I cannot say, nor by whom, it

might be by all the six, for aught I know, because I was in the

street to call the chairs, and when I came back to the house, I

was in hopes all had been quieted, for their swords were

putting up: and when they went away in the chairs, I did hope

they went away friendly.

ATTORNEY-GENERAL--Pray, how did they go away? who went

together?

CAWTHORNE--My lord of Warwick, my lord Mohun, and captain

Coote went in the first three chairs, them three together, and

bid the chairmen go home; the sixth chair was not then come.

ATTORNEY-GENERAL--When that chair came, pray what directions

were given to it?

CAWTHORNE--I did not hear them give the chairmen any directions

at all.

ATTORNEY-GENERAL--Do you know any thing more that was done

after this time?

CAWTHORNE--No, my lord, not after they went away; after I

returned with the chairs, it was in two minutes' time that they

went away.

ATTORNEY-GENERAL--My lords, I suppose he knows no more of the

matter.

LORD HIGH STEWARD--Will you then ask him no more questions, Mr.

Attorney?

ATTORNEY-GENERAL--No, my lords, unless this noble lord shall

ask him any questions, upon which we shall have occasion to

examine him.

LORD HIGH STEWARD--My lord, has your lordship any questions to

ask this witness? For now is your time, the king's counsel

having done examining him.

EARL OF WARWICK--I desire to ask him, whether I did not bid the

chairmen go home?

LORD HIGH STEWARD--If your lordship please to propose your

question to me, I will require an answer to it from the

witness, and it will be the better heard by my lords.

EARL OF WARWICK--My lord, I desire to know of this man,

whether, when I went away in the chair from his master's house

I did not bid the chairmen go home?

LORD HIGH STEWARD--Witness, you hear my lord's question, what

say you to it?

CAWTHORNE--Yes; my lord of Warwick did bid the chairmen go

home.

EARL OF WARWICK--My lord, I have another question to ask him.

Whether he knows of any quarrel there was between me and Mr.

Coote at that time, or any other time; because we both used to

frequent that house?

CAWTHORNE--No, my lords, I never heard any angry words between

my lord Warwick and Mr. Coote in my life.

[Then the lords towards the upper end of the House complaining

that they did not hear his Grace, the Lord High Steward was

pleased to repeat the question thus:]

LORD HIGH STEWARD--When my lord of Warwick bid the chairmen go

home, or at any other time, did you observe that there had been

any quarrel between his lordship and Mr. Coote?

EARL OF WARWICK--My lord, I desire he may be asked, since we

both used that house, Whether that night, when I went away, or

before or after, I had any quarrel with Mr. Coote?

LORD HIGH STEWARD--The question my lord desires you, that are

the witness, to answer, is, Whether you did hear any

quarrelling or angry words to pass between my lord Warwick and

Mr. Coote that night before or after they came down, or when

they went away, or at any other time?

CAWTHORNE--No, my lord, I never heard any angry words pass

between them then, nor ever at any time before in all my life,

but I always looked upon them to be very good friends.

EARL OF WARWICK--I desire he may be asked, Whether Mr. Coote

did not come to that house in my company, and whether he did

not frequently come to that house?

CAWTHORNE--Yes; they used to be there every day almost, and

they came that night together in company.

EARL OF WARWICK--I desire he may be asked, whether I have not

been frequently in his company there?

CAWTHORNE--Yes; I say very frequently, every day almost,

sometimes twice a-day.

LORD HIGH STEWARD--Would your lordship ask him any other

question?

EARL OF WARWICK--My lord, I desire he may be asked this

question, whether he knows of any particular kindness between

Mr. Coote and me?

LORD HIGH STEWARD--Do you know of any particular kindness

between my lord Warwick and Mr. Coote, the gentleman that was

killed?

CAWTHORNE--Yes, my lord, there was always a great kindness

between them, as I observed: it ever was so, and I never heard

angry words pass between them, but they were very good friends

constantly; I waited upon them generally when they were at my

master's house, which was every day almost.

EARL OF WARWICK--I desire to know of this witness, whether he

does not remember, or can name, some particular kindnesses that

passed between Mr. Coote and me?

LORD HIGH STEWARD--Can you specify any particular instances of

kindness that passed between my lord Warwick and Mr. Coote?

CAWTHORNE--Yes; my lord of Warwick used generally to pay the

reckoning for Mr. Coote, and he did so at this time.

EARL OF WARWICK--My lord, I desire he may be asked, between

whom he apprehended the quarrel to be at this time?

LORD HIGH STEWARD--You say, friend, there were swords drawn and

a quarrelling at the bar; can you tell between whom the quarrel

was?

CAWTHORNE--My lord Warwick, my lord Mohun, and capt. Coote,

were all on one side, and the other three were on the other

side.

EARL OF WARWICK--Who were the two persons that it was

apprehended the quarrel was between? I desire he may be asked.

LORD HIGH STEWARD--You say, there were three on the one side,

and three on the other; pray, between whom did you apprehend

the quarrel to be?

CAWTHORNE--I believe the quarrel was between Mr. Coote and Mr.

French.

EARL OF WARWICK--My lord, I desire to know of this witness,

what words he heard Mr. Coote say after he and Mr. French

returned into the house and came out of the chairs.

LORD HIGH STEWARD--What do you say to the question my lord

proposes?

CAWTHORNE--I heard Mr. Coote say, he would laugh when he

pleased, and he would frown when he pleased, God damn him.

EARL OF WARWICK--My lord, I desire to know, who he thinks those

words were addressed to?

LORD HIGH STEWARD--To whom did Mr. Coote speak these words?

CAWTHORNE--Whether he spoke them particularly to Mr. French or

to the other two gentlemen who were on the other side of the

bar, I cannot directly tell.

EARL OF WARWICK--I desire to know of him, whether Mr. Coote was

not one of the three that was on the outside of the bar?

CAWTHORNE--Yes, my lord of Warwick, my lord Mohun, and capt.

Coote, were of the outside of the bar.

EARL OF WARWICK--Was capt. Coote with me in the beginning of

the night at that house?

CAWTHORNE--Yes, he came at the beginning of the night with my

lord of Warwick.

EARL OF PETERBOROUGH--My lords, I desire to ask this witness

one question.

LORD HIGH STEWARD--I think it is proper, my lords, in point of

method, to let both sides have done before any questions be

asked by any of my noble lords.

EARL OF PETERBOROUGH--I did apprehend my lord of Warwick had

done.

LORD HIGH STEWARD--No, my lord, not as yet; pray, my lord of

Warwick, what other questions has your lordship to ask of this

witness?

EARL OF WARWICK--My lord, I desire he may be asked particularly

this question, whether he perceived any quarrel particularly

between me and capt. Coote when we went out of the house?

LORD HIGH STEWARD--You hear the question, did you perceive any

quarrel between my lord Warwick and Mr. Coote before they went

out of the house?

CAWTHORNE--No, I did not; nor ever saw any quarrel between them

in my life.

EARL OF WARWICK--I desire to know who paid the reckoning that

night?

CAWTHORNE--The reckoning was called for before I came in to

take it; and though I think my lord of Warwick paid for Mr.

Coote, yet I cannot so directly tell, because it was collected

before I came into the room to receive it.

LORD HIGH STEWARD--My lord, have you any thing more to ask this

witness?

EARL OF WARWICK--No, my lord, at present, that I think of.

LORD HIGH STEWARD--My lord Peterborough, your lordship desired

to ask a question, will you please to propose it now?

The Earl of Peterborough reminded the witness that he had said that

there were two sides, and that Coote and Lord Warwick were on the same

side. He asked what Cawthorne meant by this, and he explained that all

six had their swords drawn; that Mohun, Warwick, and Coote were on one

side of the bar, and the three captains, James, French, and Dockwra on

the other: the cause of quarrel must have occurred above stairs, but he

heard nothing pass between them.

LORD HIGH STEWARD--But you have not given a satisfactory answer

to that question which the noble lord, my lord Peterborough,

asked you, What reason you had to apprehend that the noble lord

the prisoner at the bar, and capt. Coote were of a side?

CAWTHORNE--My lord Mohun came to the chairside, when capt.

Coote and capt. French were got into the two first chairs, and

told capt. Coote, that there should be no quarrel that night

but that they three, my lord Warwick, my lord Mohun, and he,

should go home together; and I took them three to be of a side,

because they were on the outside of the bar together; and when

they all went away, their three chairs went away first, all

three together.

LORD HIGH STEWARD--Is that all the reason you can give why you

say, they were three and three of a side?

CAWTHORNE--Yes, my lord, I did apprehend it so.

ATTORNEY-GENERAL--If my noble lords have done with their

questions I desire to ask this witness another question; my

lords, I think this person says, that there was a quarrel at

the bar of the house, and swords drawn, and as he apprehended,

three were on the one side, and three on the other; but if I

take him right, I do not see that he has given your lordships

any manner of satisfaction, what reason he had to apprehend

there were three and three of a side; or, which will be very

material in this case, if your lordships can get to the

knowledge of it, which three were on the one side, and which

three were on the other; or indeed, whether there were three

and three of a side, as your lordships will have reason

by-and-bye to enquire a little further into that matter. My

lords, I desire he may be asked this plain question, What words

or other passages he did perceive, that made him apprehend

there was a quarrel between them, and they were three and three

of a side?

CAWTHORNE--I apprehended it from the words that Mr. Coote said,

That he would laugh when he pleased, and frown when he pleased.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, who

those words were spoken to, and who they were applied to?

CAWTHORNE--They were spoke to Mr. James, Mr. French, and Mr.

Dockwra, who were within side of the bar.

ATTORNEY-GENERAL--Did he apply those words to all those

particular persons?

CAWTHORNE--Yes, as I thought, for they three were within the

bar; my lord Warwick, my lord Mohun, and Mr. Coote, were

without the bar.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked this

question. Was that before the swords were drawn, or afterwards?

CAWTHORNE--It was before.

ATTORNEY-GENERAL--Then I desire he may be asked, whether the

swords were drawn upon those words?

CAWTHORNE--No, my lord; the time of drawing the swords was when

I went out to call chairs and coaches; and I know not who drew

the swords first, or when they were drawn; but when I came back

I found them all drawn, and I heard them clashing.

ATTORNEY-GENERAL--Upon the oath you have taken, was those words

that you speak of Mr. Coote's that he would laugh when he

pleased, and frown when he pleased, before the swords were

drawn, or after the swords were drawn?

CAWTHORNE--Before the swords were drawn; for I did not see the

swords drawn till I came back.

In answer to Lord Wharton, the witness said that Mohun and Warwick had

threatened to send for a file of musketeers, and Mohun had done all he

could to pacify the quarrellers, and he 'particularly had his finger

pricked with endeavouring to cross their swords, and keeping them from

fighting; which was all he got from it.' His hand was bloody; but the

witness did not see him hurt, as he was outside at the time. He

received their reckoning just before they came down to the bar and

stayed there two or three minutes afterwards. It was after Coote came

out of his chair that he heard him speak the words he had deposed to; no

reply was made to them. Mohun, Warwick, and James had all tried to stop

the quarrel and threatened to send for the guard; this was before the

swords were drawn downstairs.

ATTORNEY-GENERAL--Pray, my lord, let him be asked this

question, Was it after they were three on the one side, and

three on the other, that my lord Mohun and my lord Warwick

spoke those words?

CAWTHORNE--I apprehend the words were spoke by Mr. Coote, That

he would laugh when he pleased, and frown when he pleased,

before the swords were drawn.

LORD HIGH STEWARD--But that which my lords desire to know is,

What the time was when my lord Warwick and my lord Mohun

declared their desire to part them and make them friends;

whether before or after the swords drawn?

CAWTHORNE--Before and after; for I was absent when the swords

were drawn.

EARL RIVERS--He says, that after my lord Mohun and my lord

Warwick threatened to send for the musqueteers, they promised

to be quiet. I desire to know who he means by they?

CAWTHORNE--Mr. James called to me, and said, I need not go and

call for the guards, for the quarrel was over. There is one

thing more that I forgot, my lord: After my lord Mohun and my

lord Warwick were gone away in their chairs, and Mr. Coote, I

heard Mr. Dockwra say to capt. James and capt. French, they did

not care a farthing for them, they would fight them at any

time.

LORD HIGH STEWARD--Who were together then?

CAWTHORNE--Capt. James, Mr. French, and Mr. Dockwra, after my

lord Mohun and my lord Warwick were gone with capt. Coote.

LORD HIGH STEWARD--Then Mr. French was with them? Mr. Dockwra

said so?

CAWTHORNE--Yes, my lord.

LORD WHARTON--If I apprehend him aright, as to what he says

now, my lord of Warwick, my lord Mohun, and capt. Coote, were

gone away at that time.

CAWTHORNE--Yes, they were gone away in the three first chairs,

which my lord Mohun bid go home.

LORD WHARTON--Who does he say spoke those words?

LORD HIGH STEWARD--You hear my noble lord's question, who spoke

those words? Repeat them again.

CAWTHORNE--When my lord Warwick, my lord Mohun, and capt.

Coote, were gone, I heard Mr. Dockwra say to Mr. French and Mr.

James, We don't care a farthing for them, we will fight them at

any time.

ATTORNEY-GENERAL--I desire to know, whether this witness

testified any thing of this matter when he was examined before

the coroner?

CAWTHORNE--No; I forgot those words when I was examined before

the coroner.

ATTORNEY-GENERAL--How soon after your examination did you

recollect yourself as to what you now speak?

CAWTHORNE--The next day after.

He had not mentioned the words he now said were spoken by Dockwra either

at the inquest or at the trial at the Old Bailey.

_Thomas Browne was sworn._

LORD HIGH STEWARD--What question do you ask this witness, Mr.

Attorney?

ATTORNEY-GENERAL--That he would acquaint your lordships,

whether he carried Mr. Richard Coote, the person that was

slain, upon the 29th or 30th of October, from the Greyhound

tavern in the Strand, and to what place he carried him?

LORD HIGH STEWARD--You hear the question; pray speak so loud

that my lords may all hear what you say.

BROWNE--My Lords, I was between the hours of one and two in the

morning, on Sunday the 30th of October last, with my fellows

and our chair, at the Buffler's Head Tavern at Charing-cross,

and I heard some people at Locket's, at the Greyhound in the

Strand, calling coach coach, a pretty while; but there were no

coaches in the street, nor that came to them; when they could

not get coaches then they called out for chairs; and we coming

to the door with our chair, there were four other chairs there,

and six gentlemen stood in the passage; and then it was said,

there was not chairs enough, and there wanted one more, and

they stood discoursing; and the first man came into my chair,

who was capt. Coote, and my lord of Warwick he got into

another; When the door of the chair was shut up, we asked

whither we should go; but my lord Mohun came and bid open the

chair again; and we did so, and he returned into the house, and

there was some discourse between them standing at the bar in

the entry. Mr. Coote came out again and came into my chair, and

my lord Mohun and my lord of Warwick went into two others; Mr.

Coote bid me carry him into Leicester fields, and to make all

the haste I could; my lord of Warwick and my lord Mohun being

in the next chairs, asked him, Whither are you a-going, and

called out twice, and he said, To Leicester fields; pray do

not, says my lord of Warwick, but come along with us, and let

it alone till to-morrow; but he bid us go on; and as we were

turning up St. Martin's Lane, by the Cross Keys tavern, my lord

Mohun, and my lord Warwick called out to us to stop, and their

chairs came up to the back door of the Cross Keys tavern, and

there all the three chairs were set on a-breast in St. Martin's

Lane, and while they were talking together, there came by three

chairs on the other side of the way; and Mr. Coote bid us take

up and make all the haste we could to get before them into

Leicester fields, so taking up the chair again, Mr. Coote bid

us make haste, and if we could go no faster, he swore, damn

him, he would run his sword in one of our bodies: There were

two chairs before me, and my lord Mohun and my lord Warwick

followed in two chairs after me; and when we came to the corner

of Leicester fields, at Green street end, all the three chairs

were set down a-breast again, and Mr. Coote put his hand in his

pocket, and took out half a guinea to pay, and said he had no

silver; and my lord of Warwick spoke to my lord Mohun, who

took out three shillings out of his pocket, who said, there was

for my lord Warwick, captain Coote, and himself; and when they

were gone out, I took my box and my pipe, and filled my pipe,

and took the lanthorn and lighted it, and by that time I had

lighted my pipe, I heard a calling out, Chair, chair, again,

towards the upper end of the square; so I took my chair, and

there was one of the chairs that was not gone; and so we came

up to the upper end of the fields, and they called to us to

bring the chairs over the rails; we told them we did not know

how to do that, for we should not be able to get them back

again; at last we did get over the rails, and made up close to

the place where we heard the noise, for we could see nothing,

it being a very dark night; and when we came up close to them,

by our lanthorn there were two gentlemen holding up Mr. Coote

under their arms, and crying out, My dear Coote, My dear Coote!

ATTORNEY-GENERAL--Pray, who were those two gentlemen?

BROWNE--I did not know them, one was in red cloaths, and the

other had gold lace, and they would have had me have taken Mr.

Coote into my chair; but seeing him bloody, and not able to

help himself, I said I would not spoil my chair, and so would

not meddle with him; but they said they would make me any

satisfaction for my chair, and desired me to take him in; but

he gave himself a spring from them, and we found he was too

heavy for us to lift over the rails, and all we could do could

not make him sit in the chair, but the chair was broken with

endeavouring to place him there; and they said if we would

carry him to a surgeon's, they would give us L100 security;

but we finding it impossible, the watch was called for, but

nobody would come near, for they said it was out of their ward,

and so they would not come anigh me; and I staid about half an

hour with my chair broken, and afterwards I was laid hold upon,

both I and my partner, and we were kept till next night eleven

a-clock; and that is all the satisfaction that I have had for

my chair and every thing.

ATTORNEY-GENERAL--Pray, my lord, I desire he may recollect

himself; for we do apprehend it is very material, who it was

that desired to take Mr. Coote into the chair.

BROWNE--I cannot tell who they were, it was so very dark I

could only see their cloaths.

ATTORNEY-GENERAL--Did you see the earl of Warwick there?

BROWNE--No, Sir, he was not there; one of them, I tell you, had

officers' cloaths on, red lined with blue, and the other had

gold lace on; there was nobody there that held him up but them

two.

MARQUIS OF NORMANBY--He says he saw two persons holding up Mr.

Coote; it would be very well to have that matter very well

settled, who those two persons were; I desire to know how he is

sure my lord of Warwick was not one of them two?

BROWNE--I know my lord of Warwick very well, and I am sure he

was neither of the two.

DUKE OF LEEDS--I would know what light he had to discern it so

well by, that he can be sure my lord of Warwick was not there;

for he says it was a very dark night, and yet he describes the

particular persons that held Mr. Coote up.

BROWNE--Yes, my lord, I am sure my lord of Warwick was none of

them.

DUKE OF LEEDS--How could you distinguish in so dark a night,

the colours of people's cloaths?

BROWNE--With the candle that I had lighted in my lanthorn.

DUKE OF LEEDS--He could not know any of the persons unless he

held a lanthorn to their faces, or knew them very well before.

LORD HIGH STEWARD--My lord Warwick, will your lordship ask this

witness any questions?

EARL OF WARWICK--My lord, I desire he may be asked, Whether I

did not bid him stop at St. Martin's-lane end, and do all that

I could to hinder Mr. Coote from going any further, but to go

home?

BROWNE--The earl of Warwick, and my lord Mohun, as they turned

up the lane, asked Mr. Coote, whither he was going? And when he

said to Leicester-fields, they desired him to let it alone till

to-morrow; and my lord Mohun said he should go home with him;

but the other bid us go on, and said he would not go to his

lodgings, but that they would make an end of it that night;

still they called to him again, Dear Coote, let us speak a word

with you; and as the chairs came to the back-door of the

Cross-keys tavern, there they stood all of a breast, and they

both of them spoke to him, and stood a pretty while there, and

in the mean time three chairs passed by on the other side; he

commanded us to take up, and carry him away to Leicester-fields

immediately, and overtake the other chairs, or he would run one

of us into the body.

LORD HIGH STEWARD--Would your lordship ask him any more

questions?

EARL OF WARWICK--No, my lord.

ATTORNEY-GENERAL--My lord, I observe, he says they discoursed

some time together while they stopped in St. Martin's-lane; I

desire that he may be asked, Whether he can tell what that

discourse was?

BROWNE--I could not well hear, they whispered together, but I

could hear my lord Mohun, and my lord of Warwick, desire capt.

Coote to go home, and let the business alone till another time.

ATTORNEY-GENERAL--I desire he may explain himself, what that

business was that they would have put off till to-morrow.

BROWNE--I know not what it was; I heard of no anger betwixt

them, but they were as good friends, for anything I know to the

contrary, as ever they were in their lives or as ever I see any

men.

ATTORNEY-GENERAL--Our next witness is William Crippes. [Who was

sworn.]

LORD HIGH STEWARD--What do you ask this man, Mr. Attorney?

ATTORNEY-GENERAL--Pray, will you give my lords here an account

who you carried to Leicester-fields, the 29th or 30th of

October, and what happened in your knowledge at that time?

CRIPPES--Captain Coote was the first man that went into the

chair when we came to the Greyhound tavern; afterwards he came

out again, and when we took him up the second time, he was the

first man that set out; and he bid us carry him to

Leicester-fields; and when we came to the corner of St.

Martin's-lane, we turned up that way; and my lord of Warwick,

and my lord Mohun, called to us, being in chairs behind, to

know whither we were going, and desired to speak with captain

Coote; and he said he was going to Leicester-fields; and when

they asked, what to do? He said, to end the business: they

desired him to put it off till to-morrow; and while they were

discoursing about it in St. Martin's-lane, there passed by

other three chairs, which, when captain Coote saw, he bid us

take up and overtake them, and go faster, or he would run one

of us into the body: so we went on, and at the lower end of

Leicester-fields we set him down; and the other two gentlemen,

my lord Warwick and my lord Mohun, were there set down, and

went lovingly together, for any thing that I saw, up the

pavement of the square, towards the upper end; and in a little

time we heard a noise of calling for chairs towards the upper

end, and when we came there with the chair, we were bid to lift

over the chair within the rails; and when we said it was hard

to be done, they insisted upon it, and we did come in; and when

we came there we saw two gentlemen holding up captain Coote,

and would have had us taken him into the chair; we saw there

was a great deal of blood, but I never heard how it came, and

they would have had us carried him to a French surgeon's, and

proffered any money.

ATTORNEY-GENERAL--My lord, I desire to know, who they were that

desired him to be carried to the surgeon?

LORD HIGH STEWARD--You hear the question, what say you?

CRIPPES--I cannot tell, my lord; one of them had something of

lace upon him, but it was so dark that I could hardly see my

hand, and therefore I cannot tell who they were; and when there

was an objection made, that the chairs would be spoiled, they

said we need not question our chair, they would give us L100

security to answer any damages, if we would but carry him; so

we endeavoured to put him into the chair, but could not; and

so we called out to the watch, to have had some help; but they

said it was none of their ward, and so they would not come to

us; so the gentlemen went away, and we left them, and went and

called a surgeon, who, when he came, said, he was a dead man,

and we were secured till the next day.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, Were

there not other chairs in that place at the time?

CRIPPES--There was one in the Field besides, and no more that I

could see; they all went away but us two.

ATTORNEY-GENERAL--What distance of time was there between their

setting down in Leicester-fields, and their calling the chairs

again?

CRIPPES--Not a quarter of an hour.

ATTORNEY-GENERAL--What became of the three chairs that passed

by you in St. Martin's-lane?

CRIPPES--They got before us; but what became of them afterwards

I cannot tell.

ATTORNEY-GENERAL--Did they come from the same place, the tavern

in the Strand that you were at?

CRIPPES--Yes, I believe they did, my lord; for capt Coote bid

us follow them, and threatened us if we did not make greater

haste.

ATTORNEY--GENERAL--Do you know my lord of Warwick?

CRIPPES--Yes, he had whitish cloaths on; and none but he had

such clothes on as those were.

LORD HIGH STEWARD--Will your lordship ask this witness any

questions?

EARL OF WARWICK--My lord, I desire he may be asked, Whether I

did not bid him stop? and, whether I did not say, they should

not go to quarrel that night?

ATTORNEY-GENERAL--My lord, I desire to know of him, directly

and downright, Whether my lord of Warwick was not one of them

that held him when he was within the rails of the fields?

CRIPPES--No, he was not; he was neither of them; for the one of

them was too big for him, and the other was too little for my

lord Mohun.

ATTORNEY-GENERAL--Now we call the chairman that carried the

earl of Warwick into Leicester-fields, James Crattle.

(He was sworn.)

ATTORNEY-GENERAL--Will you tell my lords what you know of any

person that you carried the 29th or 30th of October last, from

the Greyhound tavern in the Strand, and who it was, and whither

you carried him?

CRATTLE--I was going along Charing-cross, between one and two

in the morning, the 30th of October, last, and I heard a chair

called for at Locket's at the Dog tavern; and thither I and my

partner went, and we took up the gentleman, and carried him to

Leicester-fields.

ATTORNEY-GENERAL--Who was that gentleman?

CRATTLE--It was my lord of Warwick.

ATTORNEY-GENERAL--What time of night do you say it was?

CRATTLE--It was about one or two in the morning.

ATTORNEY-GENERAL--What day of the week was it?

CRATTLE--It was Saturday night and Sunday morning.

ATTORNEY-GENERAL--Whither did you carry him?

CRATTLE--Into Green-street, towards the lower end of

Leicester-square.

ATTORNEY-GENERAL--What chairs were there more there?

CRATTLE--There was one that captain Coote was in, and another

that my lord Mohun was in, and we went away all together.

ATTORNEY-GENERAL--Were there no other chairs?

CRATTLE--I did not know who went in the other chairs, but there

were three other chairs that passed by us at St Martin's-lane,

and we followed after them to Leicester-fields.

ATTORNEY-GENERAL--Pray what became of you after you had set

down your fare?

CRATTLE--We were discharged and paid; the other three went up

towards my lord of Leicester's; but we were coming away, and in

a little time we heard the noise of calling chairs! chairs!

again, and there were two chairs did come up, Thomas Browne's

and ours; my lord of Warwick called our chair, and we took him

into it, and he bid us carry him to the Bagnio in Long-acre;

and when we came there we knocked at the door, and his hand was

bloody, and he asked us if we had any handkerchief to bind up

his hand.

ATTORNEY-GENERAL--Was there any other chairs at the door of the

Bagnio, at the same time when you came there?

CRATTLE--Yes, there was another chair there at the door at the

same time, and we set down both together.

ATTORNEY-GENERAL--Pray whence came that chair?

CRATTLE--Indeed, I do not know.

ATTORNEY-GENERAL--Who were the chairmen that carried that

chair?

CRATTLE--Indeed, my lord Mohun and my lord Warwick were the

only persons that I knew of all the company.

ATTORNEY-GENERAL--What sort of gentleman was the other, that

went out of the other chair into the house?

CRATTLE--He was a pretty tall man; when he was in we went away;

I only can say, I saw my lord of Warwick go into the house.

ATTORNEY-GENERAL--Did you take any notice of any sword that my

lord of Warwick had in his hand at that time?

CRATTLE--No; I cannot say I did take any notice of any sword,

only that there was a handkerchief desired.

ATTORNEY-GENERAL--Pray, did you hear no noise at all in the

field, till you heard chairs called for again?

CRATTLE--No; I cannot say I heard any noise in the field.

ATTORNEY-GENERAL--Did you apprehend there was any fighting?

CRATTLE--No, I knew nothing at all of it; but upon the calling

of chairs again, and my lord Warwick coming along, we took him

in, and he bid us go to the Bagnio, and thither we went.

ATTORNEY-GENERAL--My lord, we have done with this witness.

LORD HIGH STEWARD--My lord Warwick, will you ask this witness

any questions?

EARL OF WARWICK--No, my lord.

_Gibson_, the other chairman who carried the Earl of Warwick, was then

called, and gave substantially the same evidence as the last witness.

_Applegate_ carried Lord Mohun to Leicester Fields, and corroborated

the account of the journey thither given by the other witnesses.

ATTORNEY-GENERAL--What then happened afterwards, can you tell?

APPLEGATE--I cannot tell whether I had lighted my pipe, or was

just lighting it, when I heard chairs called again; upon which

we run up with our chairs towards the upper end of the fields,

and there I did see my lord of Warwick within the rails, who

bid us put over our chair into the fields; but we told him, if

we did, we could not get it over again; and so we went with our

chair to the corner of the fields; and when we came there,

there came out captain French, who bid us open our chairs, and

let him in, for he did believe he was a dead man; and upon that

we did take him in, and he bid us carry him with all the speed

we could to the Bagnio in Long-acre, and my lord of Warwick got

into another chair behind; so we went to Long-acre; and when we

came to the door of the Bagnio and captain French came out of

the chair, he was so weak that he fell down upon his knees; and

when he came out, I asked who should pay me, and desired to be

discharged; and the earl of Warwick said, Damn ye, call for

your money to-morrow; so they both went in at the Bagnio door

together.

ATTORNEY-GENERAL--Pray, who called for the chair first, captain

French, or my lord of Warwick, in the fields?

APPLEGATE--I cannot tell; but when I brought up my chair, I

first saw my lord of Warwick, and he would have had me lifted

the chair over the rails, and I told him we could not get it

over again, and so went up to the upper end of the fields.

ATTORNEY-GENERAL--If you first spoke with my lord of Warwick,

why did you not carry my lord of Warwick?

APPLEGATE--Indeed I cannot tell; but I suppose it was because

he did not come so soon out of the fields as captain French, or

did not come the same way.

ATTORNEY-GENERAL--Pray, do you remember anything that happened

just at their carrying capt. French away?

APPLEGATE--Before he went into the chair, he stopped and would

have pulled off his cloaths, but we would not let him.

ATTORNEY-GENERAL--Did you see any sword capt. French had?

APPLEGATE--I did see no sword that I can say directly was a

sword; but capt. French had something in his hand, but what it

was I cannot tell.

ATTORNEY-GENERAL--What was it that he said to you, when he

first went into the chair?

APPLEGATE--He desired to be carried to the Bagnio; for he said

he believed he was a dead man.

ATTORNEY-GENERAL--Pray friend, recollect yourself, if you heard

him say any thing at all when he first went into the chair at

the Greyhound tavern?

APPLEGATE--I did not hear him mention any thing at all.

ATTORNEY-GENERAL--Pray what did you hear my lord of Warwick say

at that time?

APPLEGATE--Truly, I cannot say I heard him mention any thing at

all neither; but I did hear my lord Mohun say, when he could

not prevail, in St. Martin's-lane, with captain Coote to go

home, that if they did go he would go and see it.

ATTORNEY-GENERAL--If they did go; who did he mean by they?

APPLEGATE--My lord Warwick and captain Coote that were in the

other chairs; there was nobody else to speak to.

ATTORNEY-GENERAL--Was there any talk of fighting or

quarrelling?

APPLEGATE--No, indeed, I do not know of any difference there

was between them.

LORD HIGH STEWARD--My lord Warwick, will your lordship ask this

witness any questions?

EARL OF WARWICK--My lord, I desire he may be asked, Whether I

did not endeavour to put off the going into Leicester-fields,

and to have all things let alone till to-morrow.

APPLEGATE--My lord, I cannot say any thing of that; but I did

hear my lord Mohun beg heartily of captain Coote to go home,

and let the business alone till another time; and indeed I

think, I never heard a man beg more heartily for an alms at a

door, than he did, that they might not go into the fields then;

but I cannot say that I heard any thing that my lord of Warwick

said about it.

LORD HIGH STEWARD--Will your lordship ask him any other

questions?

EARL OF WARWICK--No, my lord.

Catro, who was the second chairman who carried Lord Mohun's chair,

corroborated Applegate's evidence. Palmer, Jackson, and Edwards were

three chairmen who had helped to carry French, James, and Dockwra to

Leicester Fields; but they had nothing to add to the evidence already

given.

_Pomfret_ was a servant at the Bagnio in Long Acre. In answer to the

Attorney-General he said:--

My lord, on Sunday the 30th of October last, between two and

three in the morning, there came to my master's door the earl

of Warwick, and knocked at the door, and there was capt. French

with him; and when they were let in, my lord of Warwick told me

that capt. French was wounded, and he himself had a wound, and

he desired that my master might be called up for to dress the

wounds; especially, because capt. French was very much wounded;

which accordingly was done in about a quarter of an hour after

they were brought in.

ATTORNEY-GENERAL--Did he desire to be concealed when he was

come in?

LORD HIGH STEWARD--Of whom do you speak, Mr. Attorney?

ATTORNEY-GENERAL--My lord of Warwick.

POMFRET--He did desire, that if any body asked for him, it

should be said he was not there.

ATTORNEY-GENERAL--Pray in what condition did my lord of Warwick

seem to be in at that time?

POMFRET--He seemed to be very much concerned at that time, and

his right hand, in which he had his sword, and which was drawn,

was very much bloody.

ATTORNEY-GENERAL--Was the sword bloody that he had in his hand?

POMFRET--The blade was bloody; but whether it was all over

bloody, I cannot tell; there was besides some blood upon the

shell; it was very near all over bloody, as I remember.

ATTORNEY-GENERAL--Pray, friend, consider what you swore at the

Coroner's Inquest about the blood upon the sword.

POMFRET--Indeed I cannot say it was bloody all along the blade;

but there was blood upon the shell, and there was blood upon

the inside: it was so, to the best of my remembrance.

ATTORNEY-GENERAL--What condition was Mr. French's sword in?

POMFRET--He had a drawn sword in his hand, but I did not

perceive it had any blood upon it; it was a large blade.

ATTORNEY-GENERAL--How do you know what sort of sword Mr.

French's was, and in what condition it was?

POMFRET--He desired me to take notice of it next morning, and I

did so; and there was no blood upon it.

ATTORNEY-GENERAL--How came you to be desired to take notice of

what passed there about the swords?

POMFRET--My lord, there was three of them the next day, and

one, it was said, was Mr. Coote's, and another of them was my

lord of Warwick's, which I do believe was bloody from the point

upwards, very near; but I cannot directly say but that was

afterwards.

ATTORNEY-GENERAL--Who brought in that sword that you say was

Mr. Coote's?

POMFRET--To the best of my remembrance, capt. Dockwra brought

it in; it was almost half an hour after my lord Warwick and

capt. French came in to the house, when they came thither.

ATTORNEY-GENERAL--They, who do you mean?

POMFRET--Captain James and he.

ATTORNEY-GENERAL--Were they let in presently?

POMFRET--No, my lord of Warwick had desired that they might be

private there; but when they knocked at the door, my lord of

Warwick desired to know who they were; and when it was

understood that they were Mr. James and Mr. Dockwra, they were

let in by my lord's order.

ATTORNEY-GENERAL--Pray, which of all the four brought in any

sword in a scabbard?

POMFRET--It was captain Dockwra.

ATTORNEY-GENERAL--Pray, did they appear to be all of a party?

POMFRET--They were glad to see one another; and they talked a

pretty while together; but indeed I cannot say I heard what

they talked.

ATTORNEY-GENERAL--Pray, do you remember my lord of Warwick's

sword, and what there was upon it?

POMFRET--It was a steel sword, water-gilt, and as near as I can

remember, there was blood upon it for the most part from the

point upward.

ATTORNEY-GENERAL--And what did appear upon Mr. French's sword?

POMFRET--There was water and dirt, but there was no blood at

all.

ATTORNEY-GENERAL--How long did they stay there?

POMFRET--They all continued about half an hour; and then went

away, all but Mr. French, who staid there.

ATTORNEY-GENERAL--What then became of the others?

POMFRET--Mr. James, Mr. Dockwra, and my lord of Warwick went

away; and my lord of Warwick desired particularly, that we

would all take care of Mr. French, for he was his particular

friend; and Mr. French continued there till Sunday about one of

the clock.

ATTORNEY-GENERAL--Was there any discourse at that time about

Mr. Coote?

POMFRET--Not that I heard of, one word.

ATTORNEY-GENERAL--Was there any notice taken of any quarrel

that happened between any body, and who?

POMFRET--No, indeed, I did not hear them take notice of any

quarrel at all between any body.

ATTORNEY-GENERAL--You say Mr. French, when he came into your

house, was wounded, and there was care particularly taken of

him because he was wounded.

POMFRET--Yes; my lord of Warwick desired to take care of him.

ATTORNEY-GENERAL--Then pray, was there no discourse how he came

to be wounded?

POMFRET--Indeed I do not know how he came to be wounded; nor

did I hear one word of discourse about it; indeed I cannot say

any thing who wounded him.

ATTORNEY-GENERAL--Pray will you recollect yourself, and tell my

lords what sort of handle had my lord of Warwick's sword when

you saw it?

POMFRET--It had a steel handle.

ATTORNEY-GENERAL--Pray, can you tell whether the shell was open

or close?

POMFRET--I cannot tell justly; I saw it, and that was all.

ATTORNEY-GENERAL--If I apprehend you, you say my lord had a

wound in his hand.

POMFRET--Yes, my lord, he had so.

ATTORNEY-GENERAL--Pray, in what hand was it that he was

wounded?

POMFRET--To the best of my remembrance, it was in his right

hand.

ATTORNEY-GENERAL--Pray, did there appear much blood there?

POMFRET--Yes, my lord, indeed there did.

SERJEANT WRIGHT--You talk of Mr. James and Mr. Dockwra's

swords; pray in what condition were they?

POMFRET--Mr. Dockwra's sword was by his side, and not drawn.

SERJEANT WRIGHT--What did you observe of captain James's sword?

POMFRET--His sword was naked, and he had lost his scabbard; but

how that came I cannot tell; and there was dirt on one side of

the sword; and he said he had left his scabbard behind him.

ATTORNEY-GENERAL--Was there any blood upon his sword?

POMFRET--No, there was no blood that I did see upon it.

ATTORNEY-GENERAL--Pray did you see any blood upon Mr. Dockwra's

sword?

POMFRET--No, indeed, I did not see Mr. Dockwra's sword, it was

in the scabbard by his side.

Warwick's was 'a pretty broad sword': he did not take notice what length

or breadth the other swords were of; French's sword was not a broad

sword; he saw the swords at about three in the morning. James broke his

sword on the floor after he came in.

_Goodall_, a servant in the Bagnio, and his wife were called. They spoke

to Warwick coming in with his sword drawn in his hand and bloody; his

hand was wounded. There was blood on the hilt of his sword, which was a

close one. French may have come in with Warwick; James and Dockwra came

in half an hour afterwards. Warwick gave orders that nobody was to be

admitted; but he opened the door for James and Dockwra when they knocked

and he saw who they were. Warwick, James, and Dockwra went away in a

little time, Warwick ordering that particular care should be taken of

French, who was his friend.

_Henry Amy_, the surgeon who lived at the Bagnio, was called, and said

that he was called up at two in the morning of the 20th of October to

attend the lord Warwick and captain French. The latter was seriously

wounded, the former on the first joint of his fore-finger. While

French's wound was being dressed there was a knocking at the door;

Warwick ordered that nobody should be admitted, but when he found it was

James and Dockwra ordered that they should be let in. They and Warwick

went away in a little time, the latter telling the witness to take

particular care of French. Warwick's sword was very bloody; French

called for his sword the next morning, when the witness saw it, and it

was a little dirty, but not with blood. There was no talk of any

quarrel; the witness asked no questions; he did not then hear anything

about Coote being killed. French's sword was a middle-sized one; it was

not a broad blade.

LORD HIGH STEWARD--Mr. Attorney, who is your next witness?

ATTORNEY-GENERAL--Captain Loftus Duckinfield.

(Who was sworn).

ATTORNEY-GENERAL--This gentleman will acquaint your lordships

what discourse past between these gentlemen the next day; pray,

Sir, acquaint my lords what you heard about Mr. Coote's death,

and when and where.

CAPTAIN DUCKINFIELD--Early in the morning I was told of this

accident.

ATTORNEY-GENERAL--By whom?

CAPTAIN DUCKINFIELD--One of the company, I cannot tell who, I

think they were all together then, my lord of Warwick, capt.

James, capt. Dockwra, and nobody else.

ATTORNEY-GENERAL--What was their discourse?

CAPTAIN DUCKINFIELD--They said, they believed captain Coote was

killed.

ATTORNEY-GENERAL--Did they tell you by whom?

CAPTAIN DUCKINFIELD--By Mr. French, every body did say he was

his adversary.

ATTORNEY-GENERAL--What account was given of the action?

CAPTAIN DUCKINFIELD--They said it was done in the dark, and

capt. French was his adversary.

ATTORNEY-GENERAL--Was there any notice taken of any duel?

CAPTAIN DUCKINFIELD--Yes, there was, between those two, and

the other persons on both sides; and it was said my lord of

Warwick was friend to Mr. Coote, and my lord Mohun.

ATTORNEY-GENERAL--Who were on the other side?

CAPTAIN DUCKINFIELD--Mr. Dockwra and Mr. James.

ATTORNEY-GENERAL--Was there any discourse, who actually fought?

CAPTAIN DUCKINFIELD--It was said, that capt. French fought with

capt. Coote, as they believed, and Mr. James with my lord of

Warwick.

ATTORNEY-GENERAL--Did you see my lord of Warwick's sword?

CAPTAIN DUCKINFIELD--Some time of the day I did; but I cannot

tell whether it was in the morning, or no.

ATTORNEY-GENERAL--In what condition was it? Was it bloody or

not?

CAPTAIN DUCKINFIELD--It was a steel sword.

ATTORNEY-GENERAL--How long did they stay with you?

CAPTAIN DUCKINFIELD--About half an hour.

ATTORNEY-GENERAL--Did they come publicly?

CAPTAIN DUCKINFIELD--We went away in a hackney coach together.

ATTORNEY-GENERAL--Pray, what discourse was there about

consulting to go into the country together?

CAPTAIN DUCKINFIELD--That might be discoursed, but by whom I

cannot tell.

ATTORNEY-GENERAL--Did my lord of Warwick talk of going into the

country?

CAPTAIN DUCKINFIELD--Whether the company talked of it, or my

lord of Warwick in particular, and the rest assented to it, I

cannot well tell.

ATTORNEY-GENERAL--Whither did they go?

CAPTAIN DUCKINFIELD--I cannot directly tell.

ATTORNEY-GENERAL--What time of the day was it?

CAPTAIN DUCKINFIELD--It was about six of the clock.

ATTORNEY-GENERAL--Cannot you tell whither they went?

CAPTAIN DUCKINFIELD--Capt. James and capt. Dockwra went to the

Ship and Castle in Cornhill about five o'clock or six, as near

as I can remember.

ATTORNEY-GENERAL--Can you tell what time my lord of Warwick

went away?

CAPTAIN DUCKINFIELD--No, I cannot tell what time he went away,

not directly.

ATTORNEY-GENERAL--Can you tell of any agreement amongst them,

whither they were to go?

CAPTAIN DUCKINFIELD--No I cannot.

ATTORNEY-GENERAL--What discourse or concern did you observe

past between them, concerning capt. Coote?

CAPTAIN DUCKINFIELD--My lord of Warwick shewed a great deal of

concern for his friend Mr. Coote.

ATTORNEY-GENERAL--Had you any notice of Mr. Coote's death

amongst you?

CAPTAIN DUCKINFIELD--We had notice before we went away; but I

cannot tell whether it was before my lord of Warwick was gone.

ATTORNEY-GENERAL--Was it after the discourse of going into the

country, or before?

CAPTAIN DUCKINFIELD--Indeed, I cannot directly say when it

was.

ATTORNEY-GENERAL--Pray, what reason was there for their going

into the country before he was dead?

CAPTAIN DUCKINFIELD--They believed he was dead.

ATTORNEY-GENERAL--Cannot you tell the reason why they would go

into the country?

CAPTAIN DUCKINFIELD--No, indeed, I cannot tell the reason.

ATTORNEY-GENERAL--Did you observe my lord of Warwick's sword?

Was there any blood upon it?

CAPTAIN DUCKINFIELD--I cannot say his sword was bloody at the

point; the whole blade and shell was bloody, to the best of my

remembrance.

ATTORNEY-GENERAL--What sort of a sword was it?

CAPTAIN DUCKINFIELD--It was a pretty broad blade, a hollow

blade, and a hollow open shell.

ATTORNEY-GENERAL--Was there any discourse concerning capt.

French?

CAPTAIN DUCKINFIELD--Yes, they thought he was very ill wounded.

ATTORNEY-GENERAL--Was there any, and what, discourse who should

give my lord of Warwick his wound?

CAPTAIN DUCKINFIELD--It was said, they believed capt. James

gave my lord his wound.

ATTORNEY-GENERAL--Pray, was there any blood upon Mr. James's

sword, or was he wounded?

CAPTAIN DUCKINFIELD--I saw no wound upon capt. James, that I

know of.

LORD HIGH STEWARD--Do you believe that my lord Warwick's sword

was bloodied with the hurt of his own hand, or any otherwise?

CAPTAIN DUCKINFIELD--I cannot tell; it was a cut shell, and the

outside bloody as well as the in.

LORD HIGH STEWARD--My lord Warwick, will your lordship ask this

witness any questions?

EARL OF WARWICK--No, my lord.

LORD HIGH STEWARD--Mr. Attorney, if you have any other witness,

pray call them.

Another Witness was produced, that belonged to the Ship and Castle in

Cornhill.

ATTORNEY-GENERAL--This man will give you an account what passed

at his house at that time, and between whom; pray, will you

tell my lords who was at your house the 30th of October last,

and what past there then?

WITNESS--My lord of Warwick, capt. James and capt. Dockwra; and

when my lord of Warwick came in I thought my lord was in a very

great concern, and called for pen, ink and paper, and I feared

there was some quarrel in hand; but they said no, the quarrel

was over, and says my lord of Warwick, I am afraid poor Coote

is killed.

ATTORNEY-GENERAL--Did you observe any desire to be private?

WITNESS--No, indeed, I cannot tell that.

ATTORNEY-GENERAL--How long did they continue there?

WITNESS--About six a-clock my lord of Warwick, and capt. James,

and capt. Dockwra, and capt. Duckinfield went away.

ATTORNEY-GENERAL--Can you tell who went with my lord Warwick?

WITNESS--No, indeed, I cannot tell who went with my lord

Warwick; there came in a gentleman in black, whom I knew to be

my lord of Warwick's steward, and he came and spoke some words

to my lord of Warwick, about a quarter of an hour after they

came in, and then they went away, for after that I did not

hear any further discourse.

ATTORNEY-GENERAL--What became of the rest of the company?

WITNESS--They went away; I do not know what became of them, nor

whither they went; some of them went in and out of one room

into another several times, two or three times, and came out

again.

ATTORNEY-GENERAL--My lord, we have done with the witness.

LORD HIGH STEWARD--My lord Warwick, will you ask him any

questions?

EARL OF WARWICK--No, my lord.

_Mr. Salmon_, the surgeon who, by the coroner's orders, examined Coote's

wounds, was called. There were two wounds: one on the left breast, near

the collar-bone, running down four or five inches. He could not guess

what sort of a sword made it; the wound was about half an inch broad.

There was another wound under the last rib on the left side, an inch

broad, six inches deep. They were both mortal. In answer to Lord

Warwick, he said that neither could be given by a sword run up to the

hilt. He could not say that they must have been given by the same

weapon: but they might have been.

_Stephen Turner_, Coote's servant, identified his master's sword; he

believed he fenced with his right hand, but had never seen him fence at

all.

EARL OF WARWICK--I desire he may be asked, whether he has not

observed a particular kindness and friendship between his

master and me?

TURNER--Yes, my lord; I have several times waited upon my

master, when my lord and he was together, and they were always

very civil and kind one to another; and I never heard one word

of any unkindness between them.

EARL OF WARWICK--Whether he knows of any quarrel that was

between us?

TURNER--No, I never did.

EARL OF WARWICK--Whether he did not use to lie at my lodgings

sometimes?

LORD HIGH STEWARD--You hear my lord's question: what say you?

Did your master use to lie at my lord of Warwick's lodgings at

any time?

TURNER--Yes; very often.

ATTORNEY-GENERAL--Pray call Pomfret again, and let him see the

sword.

[Then he came in, and two swords were shewn him.]

ATTORNEY-GENERAL--I desire he may acquaint your lordships what

he knows of those two swords.

POMFRET--These two swords were brought in by some of the

company that came to my master's house; and when they were

shewn to captain French in the morning he owned this to be his,

and the other to be Mr. Coote's; and he desired that notice

might be taken, that his sword was dirty but not bloody; and

there was some blood upon the other.

ATTORNEY-GENERAL--Who brought in Mr. Coote's sword?

POMFRET--Indeed I cannot tell.

_White_, the coroner, was called, and said that he had asked Salmon

whether the two wounds on Coote's body were given by the same weapon,

and he said he could not say.

ATTORNEY-GENERAL--We have done with our evidence, until we hear

what my lord of Warwick says to it.

LORD HIGH STEWARD--My lord of Warwick, will you ask this

witness any questions?

EARL OF WARWICK--No, my lord.

LORD HIGH STEWARD--Make proclamation for silence.

CLERK OF THE CROWN--Serjeant at arms, make proclamation.

SERJEANT-AT-ARMS--O yes, O yes, O yes! His grace, my lord high

steward of England, does strictly charge and command all manner

of persons here present to keep silence, upon pain of

imprisonment.

LORD HIGH STEWARD--My lord of Warwick, the king's counsel have

made an end of giving evidence for the king; now is the proper

time for you to enter upon your defence.

EARL OF WARWICK--May it please your grace, and you my noble

lords, my peers.

I stand here before your lordships, accused of the murder of

Mr. Coote, of which I am so innocent, that I came and

voluntarily surrendered myself so soon as I heard your

lordships might be at leisure to try me; and had sooner done

it, but that the king was not then here, nor your lordships

sitting, and had no mind to undergo a long confinement; and now

I think I might well submit it to your lordships' judgment,

even on the evidence that has been offered against me, whether

there hath been any thing proved of malice prepense, or my

being any actor therein, so as to adjudge me guilty. And I

think I may with humble submission to your lordships say, that

my innocence appeareth even from several of the witnesses who

have been examined against me, which I will not trouble your

lordships to repeat, but submit to your memory and observation.

But, my lords, the safety of my life does not so much concern

me in this case, as the vindication of my honour and reputation

from the false reflections to which the prosecutor has

endeavoured to expose me; and I shall therefore beg your

lordships' patience to give a fair and full account of this

matter: in which the duty I owe to your lordships, and to

justice in general, and the right I owe to my own cause in

particular, do so oblige me, that I will not in the least

prevaricate, neither will I conceal or deny any thing that is

true.

My lords, I must confess I was there when this unfortunate

accident happened, which must be a great misfortune in any

case, but was more so to me in this, because Mr. Coote was my

particular friend; and I did all I could to hinder it, as your

lordship may observe by the whole proceedings.

It was on the Saturday night when my lord Mohun and I, and

several other gentlemen, met at Locket's, where the same

company used often to meet; and in some time after several of

us had been there, Mr. Coote came unexpectedly, and for some

time he and we were very friendly, and in good humour, as we

used to be with each other; but then there happened some

reflecting expressions from Mr. Coote to Mr. French, who

thereupon called for the reckoning; and it being paid, we left

the upper room, and I proposed to send three bottles of wine

to my own lodging, and to carry him thither to prevent the

quarrel. But while the company stopped to call for a glass of

ale at the bar below, Mr. Coote (whose unfortunate humour was

sometimes to be quarrelsome) did again provoke Mr. French to

such degree, that they there drew their swords; but we then

prevented them of doing any mischief: then Mr. Coote still

insisting to quarrel further with Mr. French, my lord Mohun and

I proposed to send for the guards to prevent them: but they had

got chairs to go towards Leicester-fields; and my lord Mohun

and I, as friends to Mr. Coote, and intending to prevent any

hurt to him, did follow him in two other chairs; and as he was

going up St. Martin's-lane, stopped him, and I extremely there

pressed him to return and be friends with Mr. French, or at

least defer it, for that the night was very dark and wet; and

while we were so persuading of him, Mr. French in one chair,

and Mr. James and Mr. Dockwra in two other chairs past by us

(which we guessed to be them), on which Mr. Coote made his

chairmen take him up again, and because the chairmen would not

follow Mr. French faster, threatened to prick him behind; and

when we were gone to Green-street and got out of our chairs,

Mr. Coote offered half a guinea to be changed to pay for all

our three chairs, but they not having change, he desired lord

Mohun to pay the three shillings, which he did. And in a few

minutes after, Mr. Coote and Mr. French engaged in the fields,

whither I went for the assistance and in defence of Mr. Coote,

and received a very ill wound in my right hand; and there this

fatal accident befel Mr. Coote from Mr. French whom Mr. Coote

had dangerously wounded, and I must account it a great

unhappiness to us all who were there: but so far was I from

encouraging of it, that I will prove to your lordships that I

did my utmost endeavours to prevent it; so far from any design

upon him, that I exposed my own life to save his; so far from

prepense malice, that I will, by many witnesses of good quality

and credit, prove to your lordships a constant good and

uninterrupted friendship from the first of our acquaintance to

the time of his death; which will appear by many instances of

my frequent company and correspondence with him, often lending

him money, and paying his reckonings; and about two months

before his death lent him an hundred guineas towards buying him

an ensign's place in the guards, and often, and even two nights

before this, he lodged with me, and that very night I paid his

reckoning. And when I have proved these things, and answered

what has been said about the sword and what other objections

they have made, I doubt not but that I shall be acquitted to

the entire satisfaction of your lordships, and all the world

that hear it.

Before I go upon my evidence, I will crave leave further to

observe to your lordships, that at the Old Bailey, when I was

absent, Mr. French, James, and Dockwra, have been all tried on

the same indictment now before your lordships; and it was then

opened and attempted, as now it is, to prove it upon me also;

and by most of them the same witnesses who have now appeared;

and they were thereupon convicted only of manslaughter, which

could not have been, if I had been guilty of murder. And on

that trial it plainly appeared that Mr. French was the person

with whom he quarrelled, and who killed him. And now I will

call my witnesses.

LORD HIGH STEWARD--Will your lordship please to go on to call

your witnesses, for the proof of what you have said; that is

the method, and then you are to make such observations as you

please.

EARL OF WARWICK--My first witness is capt. Keeting, who was

with me at Locket's, but went away before capt. Coote or any of

them came; and he will tell you I was with him a while.

[Then captain Keeting stood up.]

LORD HIGH STEWARD--Capt. Keeting, you are not upon your oath,

because the law will not allow it. In cases of this nature the

witnesses for the prisoner are not to be upon oath; but you are

to consider that you speak in God's presence, who does require

the truth should be testified in all causes before courts of

judicature; and their lordships do expect, that in what

evidence you give here, you should speak with the same regard

to truth as if you were upon oath; you hear to what it is my

lord of Warwick desires to have you examined, what say you to

it?

CAPTAIN KEETING--My lord, I will tell your lordship all the

matter I know of it. I met with my lord of Warwick that evening

at Tom's Coffee-house, and we continued there till about eight

at night; I went away to see for a gentleman that owed me

money, and afterwards I went to Locket's; and while I was

there, the drawer came up and told me, my lord of Warwick

desired to speak with me; and when he came up into the room, he

said he was to meet with my lord Mohun there, and capt. Coote,

and he asked me if I knew where capt. French and capt. James

were; I told him I dined with capt. Coote at Shuttleworth's;

and in a while after, capt. Coote came in, and about an hour

and an half, I think, I continued there, and capt. French came

in; capt. Dockwra and we drank together for an hour and an

half, and they admired, about ten o'clock that my lord Mohun

was not come; and I payed my reckoning, not being very well,

and away I went home; Mr. James came in just before I went

away; but there was no quarrelling, nor any thing like it

before I went away.

EARL OF WARWICK--My lord, I desire he may be asked, Whether we

did not usually meet there as friends, especially capt. Coote

and I?

CAPTAIN KEETING--Captain Coote and my lord of Warwick used to

be almost every day together at that place.

EARL OF WARWICK--Pray, did he ever know or observe any

difference or quarrel between capt. Coote and me?

CAPTAIN KEETING--No, my lord, I never saw any thing but the

greatest friendship between my lord of Warwick and captain

Coote that could be; I was with them, and saw them together

almost every day.

LORD HIGH STEWARD--Have you any thing further to examine this

witness to?

EARL OF WARWICK--No, my lord, I have no further question to ask

him.

LORD HIGH STEWARD--Who is your next witness, my lord?

EARL OF WARWICK--My lord, I suppose I shall not need to trouble

you to examine the chairmen over again; your lordships have

heard what they can say: I desire colonel Stanhope may be

called.

[Who it seems stood by the Chair of State, and it was some

while before he could get round to come to the place the

witnesses were to stand.]

LORD HIGH STEWARD--While this witness gets round, if your

lordship has any other witness ready to stand up, pray let him

be called.

EARL OF WARWICK--To prove the kindness between capt. Coote and

me, I desire col. Blisset may be called. [Who stood up.]

LORD HIGH STEWARD--What is it your lordship asks this witness

or calls him to?

EARL OF WARWICK--To testify what he knows of any kindness or

unkindness between capt. Coote and me; whether he has not been

often in our company?

LORD HIGH STEWARD--Have you been often in company with my lord

of Warwick and capt. Coote?

COLONEL BLISSET--Yes, my lord, I was very well acquainted with

both of them for a twelve-month past before this accident and I

have often been in their company, and always observed that

there was a great deal of friendship and kindness between them.

EARL OF WARWICK--My lord, I desire he may tell any particular

instance that he knows or can remember.

COLONEL BLISSET--I remember when capt. Coote had his commission

in the regiment of guards, he was complaining of the

streightness of his circumstances; he was to pay for his

commission 400 guineas, and said he had but 300 for to pay for

it: and my lord of Warwick did then say to him, do not trouble

yourself about that, or let not that disturb you, for I will

take care you shall have 100 guineas, and he said he would give

order to his steward to pay him so much; and I was told

afterwards that he did so.

EARL OF WARWICK--I desire he may tell, if he knows of any other

particular instances of my friendship to Mr. Coote?

COLONEL BLISSET--Once when he was arrested by his taylor for

L13, my lord lent him five guineas, and used very frequently to

pay his reckoning for him.

EARL OF WARWICK--I desire he may tell, if he knows any thing

else; and whether he has not lain at my lodgings, and

particularly but some small time before this accident happened.

COLONEL BLISSET--About ten days before this unhappy accident

happened, I was at my lord of Warwick's lodgings, and when I

came there I found capt. Coote a-dressing himself; and I asked

him how that came to pass, and they told me they had been up

late together, and that he had sent home for his man to dress

himself there, upon which I did observe that they had been

a-rambling together over night; and there was a very great

familiarity between them.

EARL OF WARWICK--Did you observe any quarrel between us?

COLONEL BLISSET--No, none at all; I never knew of any quarrel

between my lord of Warwick and capt. Coote, but I observed

there was a particular kindness between them; and a great deal

of friendship I know my lord of Warwick shewed to him, in

paying of reckonings for him, and lending him money when he

wanted.

EARL OF WARWICK--My lord, I desire he may be asked, whether he

does not know that capt. Coote was straitened for money?

COLONEL BLISSET--I did hear capt. Coote say, that he had not

received any thing from his father for 13 months, and his

father was angry with him, and would not send him any supply,

because he would not consent to cut off the entail, and settle

two or three hundred pounds upon a whore he had.

ATTORNEY-GENERAL--Pray, Sir, will you consider with yourself,

and though you are not upon your oath, answer the questions

truly, for you are obliged to speak the truth, though you are

not sworn, whenever you come to give your testimony in a court

of judicature; pray, acquaint my noble lords here, whether you

did never hear my lord Warwick complain of capt. Coote?

COLONEL BLISSET--No, I never did hear him complain of him.

ATTORNEY-GENERAL--Did you never hear the least word of any

quarrel between them?

COLONEL BLISSET--No, indeed, I did never hear of any quarrel

between them.

ATTORNEY-GENERAL--Did you never hear of any unkindness at all?

COLONEL BLISSET--No, indeed, my lord, not I: I never so much as

heard of the least unkindness whatsoever.

LORD HIGH STEWARD--Well then, my lord, who do you call next?

EARL OF WARWICK--Now colonel Stanhope is here, I desire he may

be asked the same question, whether he does not know the

particular friendship that was between capt. Coote and me, and

what instances he can give of it?

LORD HIGH STEWARD--You are to consider, Sir, though you are not

upon your oath you are in a great court, and under no less

restriction to testify the truth, and nothing but the truth:

You hear what my noble lord asks you.

COLONEL STANHOPE--My lord, I have known my lord of Warwick and

capt Coote for about a twelve-month, and I did perceive that

they did always profess a great kindness for one another.

EARL OF WARWICK--I desire to know of him, whether he observed

any particular friendship between capt. Coote and me, much

about the time of this business?

COLONEL STANHOPE--About eight or ten days before this unhappy

accident, I went to wait upon my lord of Warwick twice at his

lodgings: Once I found capt. Coote there, one of them was in

bed, and the other was dressing of himself; I thought they were

very good friends that were so familiar, and I had good reason

to think so, because of that familiarity: Both the times that I

was there, when I found them together, was within eight days

before the accident happened.

EARL OF WARWICK--The next witness I shall call will be Mr.

Disney.

ATTORNEY-GENERAL--But before colonel Stanhope goes, I desire to

ask him this question, whether he did never hear or know of any

unkindness between my lord of Warwick and capt. Coote?

COLONEL STANHOPE--No, indeed I did not; I always thought them

to be very good friends.

LORD HIGH STEWARD--Will your lordship go on to your next

witness?

EARL OF WARWICK--Yes, my lord, there he is, Mr. Disney; I

desire he may be asked what he knows of any expressions of

kindness and friendship between me and capt. Coote.

_Disney_ spoke to Lord Warwick lending Coote 100 guineas towards the

price of his commission; he had observed great kindness between the

two, and had several times seen Lord Warwick pay Coote's reckoning.

_Colonel Whiteman_ was then called. He had constantly seen Lord Warwick

and Coote together;

they dined together almost every day for half a year's time

almost; and as to this time, when this business had happened, I

went to my lord of Warwick, being sent for by him, and found

him at a private lodging, where he expressed a great deal of

concern for the death of his dear friend Mr. Coote; and he

shewed me the wound he had received in his hand, and he desired

he might be private, and he told me he believed people would

make worse of it than it was, because he did not appear; but he

did but intend to keep himself out of the way till he could be

tried; and I took what care I could to get him a convenience to

go to France.

ATTORNEY-GENERAL--Pray, what reason did he give for his going

away?

COLONEL WHITEMAN--The king being at that time out of England,

and so the parliament not sitting, he said he did not love

confinement, and had rather be in France till the parliament

should meet, and he might have a fair trial, which he thought

he should best have in this House.

He had never seen any unkindness or quarrel between them.

_Edmund Raymund_, Lord Warwick's steward, knew of the loan of 100

guineas by him to Coote, and provided the money paid on that occasion.

Lord Warwick then stated that he wished to call French as a witness, and

desired that counsel might be heard on his behalf as to whether he could

be guilty of the death of a man on whose side he was fighting equally

with those who were fighting on the other side, and who had already been

convicted of manslaughter.

After a brief discussion, it was decided that counsel should be heard on

the question whether French was a competent witness. The facts were that

he had been indicted for murder, and convicted of manslaughter; he

claimed the benefit of clergy,[35] which was allowed him; the burning

on his hand was respited, and a pardon remitting the burning altogether

had been delivered to the Lord High Steward under the Privy Seal, but

had not passed the Great Seal.

Lord Warwick had accordingly to maintain that French was a good witness

without having been burnt on his hand, or having been pardoned.

The _Attorney-General_ first proceeded to argue that an allowance of

clergy did not make a felon convict a competent witness.[36] It did not

discharge him from his offence, set him _rectus in curia_, and 'make him

in all respects a person fit to have the benefit and privileges of a

"probus et legalis homo"' till he had passed through those methods of

setting himself right in the eye of the law, that the law had

prescribed. The burning in the hand under the statute of Henry VII. was

not a punishment; it only showed that the branded person was not to have

his clergy again. Purgation was abolished by the statute of Elizabeth,

but satisfaction was not made to the law, the convict was not fully

discharged from its operation, and his credit was not restored, till he

was branded or pardoned. Till then 'the conviction remains upon him,'

and he was not capable of being a witness.

_The Solicitor-General_, Sir John Hawles,[37] followed to the same

effect, and, by the order of the Court _Powys_[38] was then heard on

behalf of the prisoner. He agreed with the Attorney-General that the

branding under the statute of Henry VII. was only for the purpose of

showing that the branded man has had his clergy once, and was not a

punishment; the punishment still remained to be inflicted by the process

of purgation. But purgation was abolished after the Reformation by the

statute of Elizabeth 'because it was only an outward appearance and shew

of purgation, and was often the occasion of very great perjuries.' The

Court had power to imprison the convicted man for a year; but that was

not any more a punishment and a means of restoring a man to credit than

was the branding.[39]

'What we insist on is this, that the allowance of clergy sets him right

in court, since purgation is abolished, and is the same thing as if he

had undergone the ceremonial parts of a formal purgation'; the prisoner

was to have the same benefit of his clergy as purgation would have given

him before the statute, and on being allowed his clergy is to be in the

same condition as if he had undergone purgation or been pardoned. The

respiting of the burning of the hand till the king's pardon could be

obtained was not to put him in a worse condition than he would have been

in had he been actually burnt. Cases were quoted, one of which was

afterwards fairly distinguished, and it was urged that the burning was

only a condition precedent to the accused getting out of prison, not to

his being restored to his credit.

_Serjeant Wright_ replied for the Crown. He admitted that a pardon would

restore a convict to credit as a witness, and that an allowance of

clergy, followed by a burning of the hand, would have the same effect:

now that purgation was abolished, the burning had taken its place; 'that

is the very terms of the statute on which he is to be discharged; that

must actually be done before he can be put into the same condition that

he was in before the conviction, and consequently make him capable of

being a witness.' One of the cases quoted by Powys was distinguished,

and Hale was quoted to support the argument for the Crown.

_Lord Chief-Justice Treby_[40] was then called on for his opinion, and

gave it that French was not a competent witness. He had not yet actually

been pardoned, for pardons were not operative till they had passed the

Great Seal. By his conviction he had forfeited his liberty, his power of

purchasing chattels or holding land, and his credit.

These losses formerly might be restored by purgation; but purgation was

now replaced by burning in the hand. The imprisonment under the statute

was not a necessary condition to a restoration of credit, because it was

'a collateral and a new thing'; the party was not imprisoned 'by virtue

of his conviction, but by a fresh express order of the judges, made upon

the heinousness of the circumstances appearing on the evidence. They

may, and generally do, forbear to commit at all; and when they do, it

may be for a month or two, at their discretion.' In any case the burning

was a condition precedent to a restoration to credit. 'To me the law is

evident. A peer shall have this benefit without either clergy or

burning. A clerk in orders, upon clergy alone, without burning. A

lay-clerk, not without both.'

_Lord Chief-Baron Ward_[41] and _Nevill, J._,[42] expressed themselves

as of the same opinion; and it was decided that French should not be

admitted as a witness.

It was then suggested that counsel should be heard on the point

whether, supposing that Lord Warwick had been on Coote's side in the

fight, he was guilty of his death; but it was decided that as there was

still a question whether the facts were as alleged this could not be

done.

Lord Warwick was then invited to sum up his evidence, 'which is your own

work, as not being allowed counsel as to matter of fact,' and to make

any observations he liked. He preferred, however, to say nothing.

_The Solicitor-General_ then proceeded to sum up for the Crown, and

since he could not be heard by some lords at the upper end of the house,

the _Duke of Leeds_ moved either that 'any person that has a stronger

voice should sum up the evidence,' or that 'you will dispense with the

orders of the house so far, as that Mr. Solicitor may come to the

clerk's table, or some other place within the house, where he may be

heard by all.' _The Earl of Rochester_ opposed the second alternative on

the ground that 'in point of precedent many inconveniences' would occur

were such a course adopted.

_The Earl of Bridgewater_ suggested that the difficulty might be met by

sending the guard to clear the passages about the court, which was

accordingly done, apparently with success.

_The Solicitor-General_ then continued his summing up the evidence; his

only original comment on the case being that as there was no evidence

as to whose hand it was by which Coote was wounded, '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.'

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:

LORD HIGH STEWARD--Will your lordships proceed to give your

judgment?

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.

LORD HIGH STEWARD--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:

LORD 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 peers

present, and the opinions that were given, and announced that

there were 93 present, and that they had all acquitted lord

Warwick of murder, but had found him guilty of manslaughter.

Lord Warwick was then called in, the judgment was announced to

him, and he was asked what he had to say why judgment of death

should not be pronounced against him according to law. And he

claimed the benefit of his peerage, under the statute of Edward

the 6th.

LORD HIGH STEWARD--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.

LORD HIGH STEWARD--Is it your lordships' pleasure to adjourn to

the House of Lords?

LORDS--Ay, Ay.

LORD HIGH STEWARD--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.

The next day Lord Mohun was tried on a similar indictment before the

same court. And most of the same witnesses having given the same

evidence again, he was acquitted and discharged. He then expressed

himself thus:

LORD MOHUN--My lords, I do not know which way to express my

great thankfulness and acknowledgment of your lordships' great

honour and justice to me; but I crave leave to assure your

lordships, that I will endeavour to make it the business of the

future part of my life, so to behave myself in my conversation

in the world, as to avoid all things that may bring me under

any such circumstances, as may expose me to the giving your

lordships any trouble of this nature for the future.

Then proclamation was made dissolving the Commission, and the Court

adjourned.

* * * * *

As is well known, the duel described in this trial is the original of

that described in _Esmond_ between Lord Castlewood and Lord Mohun; it

may therefore be of interest to transcribe a few passages out of the

latter work, premising only that there seems to be some faint

relationship between Captain Macartney, Lord Mohun's second in his duel

with Lord Castlewood, and the Lord Macartney who afterwards assisted him

in the same capacity in his final meeting with the Duke of Hamilton.

Lord Castlewood, as will be remembered, had come up to London to fight

Lord Mohun, really on account of his relations with Lady Castlewood,

nominally as the result of a quarrel at cards, which it was arranged

should have all the appearance of taking place. Lord Castlewood, Jack

Westbury, and Harry Esmond all meet together at the 'Trumpet,' in the

Cockpit, Whitehall.

When we had drunk a couple of bottles of sack, a coach was

called, and the three gentlemen went to the Duke's Playhouse,

as agreed. The play was one of Mr. Wycherley's--_Love in a

Wood_. Harry Esmond has thought of that play ever since with a

kind of terror, and of Mrs. Bracegirdle, the actress who

performed the girl's part in the comedy. She was disguised as a

page, and came and stood before the gentlemen as they sat on

the stage, and looked over her shoulder with a pair of arch

black eyes, and laughed at my lord, and asked what ailed the

gentleman from the country, and had he had bad news from

Bullock fair?

Between the acts of the play the gentlemen crossed over and

conversed freely. There were two of Lord Mohun's party, Captain

Macartney, in a military habit, and a gentleman in a suit of

blue velvet and silver, in a fair periwig with a rich fall of

point of Venice lace--my Lord the Earl of Warwick and Holland.

My lord had a paper of oranges, which he ate, and offered to

the actresses, joking with them. And Mrs. Bracegirdle, when my

lord Mohun said something rude, turned on him, and asked him

what he did there, and whether he and his friends had come to

stab anybody else, as they did poor Will Mountford? My lord's

dark face grew darker at this taunt, and wore a mischievous,

fatal look. They that saw it remembered it, and said so

afterward.

When the play was ended the two parties joined company; and my

Lord Castlewood then proposed that they should go to a tavern

and sup. Lockit's, the 'Greyhound,' in Charing Cross was the

house selected. All three marched together that way, the three

lords going a-head.'

At the 'Greyhound' they play cards, and Esmond tries in vain to quarrel

with Mohun himself.

My Lord Mohun presently snuffed a candle. It was when the

drawers brought in fresh bottles and glasses and were in the

room--on which my Lord Viscount said, 'The Deuce take you,

Mohun, how damned awkward you are. Light the candle, you

drawer.'

'Damned awkward is a damned awkward expression, my lord,' says

the other. 'Town gentlemen don't use such words--or ask pardon

if they do.'

'I'm a country gentleman,' says my Lord Viscount.

'I see it by your manner,' says my Lord Mohun. 'No man shall

say damned awkward to me.'

'I fling the words in your face, my lord,' says the other;

'shall I send the cards too?'

'Gentlemen, gentlemen! before the servants?' cry out Colonel

Westbury and my Lord Warwick in a breath. The drawers go out of

the room hastily. They tell the people below of the quarrel

upstairs.

'Enough has been said,' says Colonel Westbury. 'Will your

lordships meet to-morrow morning?'

'Will my Lord Castlewood withdraw his words?' asks the Earl of

Warwick.

'My lord Castlewood will be ---- first,' says Colonel Westbury.

'Then we have nothing for it. Take notice, gentlemen, there

have been outrageous words--reparation asked and refused.'

'And refused,' says my Lord Castlewood, putting on his hat.

'Where shall the meeting be? and when?'

'Since my lord refuses me satisfaction, which I deeply regret,

there is no time so good as now,' says my Lord Mohun. 'Let us

have chairs, and go to Leicester Field.'

'Are your lordship and I to have the honour of exchanging a

pass or two?' says Colonel Westbury, with a low bow to my Lord

of Warwick and Holland.

'It is an honour for me,' says my lord, with a profound congee,

'to be matched with a gentleman who has been at Mons and

Namur.'

'Will your Reverence permit me to give you a lesson?' says the

captain.

'Nay, nay, gentlemen, two on a side are plenty,' says Harry's

patron. 'Spare the boy, Captain Macartney,' and he shook

Harry's hand for the last time, save one, in his life.

At the bar of the tavern all the gentlemen stopped, and my Lord

Viscount said, laughing, to the bar-woman, that those cards set

people sadly a-quarrelling; but that the dispute was over now,

and the parties were all going away to my Lord Mohun's house,

in Bow Street, to drink a bottle more before going to bed.

A half-dozen of chairs were now called, and the six gentlemen

stepping into them, the word was privately given to the

chairmen to go to Leicester Field, where the gentlemen were set

down opposite the 'Standard Tavern.' It was midnight, and the

town was a-bed by this time, and only a few lights in the

windows of the houses; but the night was bright enough for the

unhappy purpose which the disputants came about; and so all six

entered into that fatal square, the chairmen standing without

the railing and keeping the gate, lest any persons should

disturb the meeting.

All that happened there hath been matter of public notoriety,

and is recorded, for warning to lawless men, in the annals of

our country. After being engaged for not more than a couple of

minutes, as Harry Esmond thought (though being occupied at the

time with his own adversary's point, which was active, he may

not have taken a good note of time) a cry from the chairmen

without, who were smoking their pipes, and leaning over the

railings of the field as they watched the dim combat within,

announced that some catastrophe had happened, which caused

Esmond to drop his sword and look round, at which moment his

enemy wounded him in the right hand. But the young man did not

heed this hurt much, and ran up to the place where he saw his

dear master was down.

My Lord Mohun was standing over him.

'Are you much hurt, Frank?' he asked in a hollow voice.

'I believe I'm a dead man,' my lord said from the ground.

'No, no, not so,' says the other; 'and I call God to witness,

Frank Esmond, that I would have asked your pardon, had you but

given me a chance. In--in the first cause of our falling out, I

swear that no one was to blame but me, and--and that my

lady----'

'Hush!' says my poor Lord Viscount, lifting himself on his

elbow and speaking faintly. 'Twas a dispute about the

cards--the cursed cards. Harry, my boy, are you wounded too?

God help thee! I loved thee, Harry, and thou must watch over

my little Frank--and--and carry this little heart to my wife.'

And here my dear lord felt in his breast for a locket he wore

there, and, in the act, fell back fainting.

We were all at this terrified, thinking him dead; but Esmond

and Colonel Westbury bade the chairmen come into the field; and

so my lord was carried to one Mr. Aimes, a surgeon, in Long

Acre, who kept a bath, and there the house was wakened up, and

the victim of this quarrel carried in.