IN pursuance of an Order of the House of PEERS of the One and Thirtieth Day of March, 1699, I do Appoint Jacob Tonson to Print the several Trials of Edward Earl of Warwick and Holland, and Charles Lord Mohun; And do forbid any other Person to Print the same.  
SUMMER'S C.   

THE SEVERAL TRIALS OF EDWARD Earl of Warwick and Holland, AND Charles Lord Mohun, BEFORE THE House of PEERS in Parliament, Upon the 28th and 29th Days of March, 1699. For the Murder of Mr. Richard Coote;  
The Right Honourable John Lord Summer Baron of Evesham, Lord High Chancellor of ENGLAND, being LORD HIGH STEWARD upon that Occasion.  
Published by Command of the House of PEERS.  
In the SAVOY: Printed by Edward Jones, for Jacob Tonson, at Grays-Inn-Gate next Grays-Inn Lane. MDCXCIX.   

THE TRIAL OF EDWARD Earl of Warwick and Holland.  
Die Martis 28 Martii, 1699.  
ABout Eleven of the Clock the Lords came from their own House into the Court Erected in Westminster-Hall, for the Trials of Edward Earl of Warwick and Holland, and Charles Lord Mohun, in the Manner following.  
The Lord High Steward's Gentlemen Attendants, two and two.  
The Clerks of the House of Lords, with the Two Clerks of the Crown in the Courts of Chancery and Kings-Bench.  
The Masters in Chancery, two and two.  
Then the Judges.  
The Peers Eldest Sons, and Peers Minors, two and two.  
Four Sergeants at Arms with their Maces, two and two.  
The Yeoman Usher of the House.  
Then the Peers, two and two, beginning with the youngest Barons.  
Then Four Sergeants at Arms, with their Maces.  
Then one of the Heralds, attending in the Room of Garter, who by reason of his Infirmity could not be present.  
And the Gentleman Usher of the Black Rod, carrying the White Staff before the Lord High Steward.  
Then the Lord Chancellor, Lord High Steward of England, alone.  
When the Lords were seated on their proper Benches, and the Lord High Steward upon the Wooll-pack.  
The Two Clerks of the Crown in the Courts of Chancery and Kings-Bench, standing before the Clerk's Table with their Faces towards the State.  
The Clerk of the Crown in Chancery having His Majesty's Commission to the Lord High Steward in his Hands, made three Reverences towards the Lord High Steward, and the Clerk of the Crown in Chancery on his Knees presented the Commission to the Lord High Steward, who delivered it to the Clerk of the Crown in the Kings-Bench, (than likewise Kneeling before his Grace) in order to be Opened and Read, and then the Two Clerks of the Crown making three Reverences, went down to the Table; and the Clerk of the Crown in the Court of Kings-Bench Commanded the Sergeant at Arms to make Proclamation of Silence, which he did in this manner.  Sergeant at Arms. 
O Yes, O Yes, O Yes, My Lord High Steward his Grace does straight Charge and Command all manner of Persons here present, to keep Silence, and hear the King's Majesty's Commission to His Grace my Lord High Steward of England directed, openly Read upon pain of Imprisonment.  
Then the Lord High Steward stood up, and spoke to the Peers.  Lord High Steward. 
Your Lordships will be pleased to Stand up, and be Uncovered, while the King's Commission is Reading.  
All the Peers Stood up, and were Uncovered, while the Commission was Read.  Clerk of the Crown. 
GVlielmus Tertius Dei Gratia Angl. Scoc. Franc. & Hibern. Rex Fidei Defensor etc. Praedilecto. & fideli Consiliar. nostro Johanni Domino Somers Cancellar. nostro Angl. Sciatis quod Cum Edrus. Comes Warwic. & Holland nuper de Paroch. Sci. Martini in Campis in Com. Middlesex. & Carolus Dominus Mohun nuper de Paroch. praedict. in Com. praedict. coram dilectis & fidelib. nostris Carolo Lee Milit. Samuel. Buck Willielmo Withers & Francisco Tysson Armigeris & aliis sociis suis Justiciar. nostris ad inquirend. per Sacramentum probor. & legalium hominum de Com. nostro Middlesex. praedict. ac aliis viis modis & mediis quibus melius sciverint aut poterint tam infra libertat. quam extra per quos rei veritas melius sciripoterit & inquiri de quibuscunque proditionibus Misprisionibus prodition. Insurrectionib. Rebellionib. Controfact. tonsur. lotur. falsis fabricationib. & aliis falsitat. Monet. hujus Regni nostri Angl. & alior. Regnor. sive Dominior. quorum cunque ac de quibuscunque Murdris Feloniis Homicid. Interfectionibus Burglar. Raptib. Mulier. Congregationib. & Conventicul. illicit. verbor. prolationib. Coadunationib. Misprisionib. Confederationibus falsis Alleganciis Transgressionibus Riotis Routis Retentionib. Escapiis Contempt. Falsitat. Negligentiis Concelament. Manutenent. Oppressionibus Cambiparciis Deceptionib. & aliis Malefactis Offenc. & Injur. quibuscunque Necnon Accessar. eorundem infra Com. praedict. tam infra libertat. quam extra per quoscunque & qualitercunque habit. fact. perpetrat. sive commis. & per quos vel per quem cui vel quibus quando qualiter & quomodo & de aliis Articul. & Circumstanc. praemiss. seu eor. alicujus vel aliquor. qualitercunque concernen. plenius veritat. & ad easdem proditiones & al. praemiss. audiend. & terminand. secundum legem & consuetud. Regni nostri Angl. nuper assignat. de Felonia & Murdro per ipsos Edrum. Comitem Warwic. & Holland & Carolum Dominum Mohun Commiss. & Perpetrat. per sacrament. probor. & legal. hominum Com. nostri Middlesex. praedict. Indictat. Existunt Nos considerantes quod Justitia est virtus excellens & altissimo complacens Volentesque quod praedict. Edrus. Comes Warwic. & Holland & Carolus Dominus Mohun de & pro Felonia & Murdro unde ipsi ut praefertur Indictat. existunt. coram Nob. in presenti Parliament. nostro secundum Leg. & consuetud. Regni nostri Angl. Audiantur Examinantur sententientur & Adjudicentur Caeteraque omnia quae in hac parte pertinent debo. modo exerceantur & exequantur; Ac pro eo quod Officium Seneschalli Angl. (cujus praesentia in hac parte requiritur ut Accepimus jam vacat) Nos de Fidelitate Prudentia provida Circumspectione & Industria vestris plurimum confidentes Ordinavimus & Constituimus vos ex hac causa Seneschallum Angl. ad Officium illud cum omnibus eidem Officio in hac parte debit. & pertinen. (hac vice) gerend. occupand. & exercend. Et ideo vob. Mandamus quod circa praemiss. diligenter intendatis & ea omnia quae in hac parte ad Officium. Seneschal. Angl. pertinent & requiruntur (hac vice) faciatis exerceatis & exequamini cum effectu. In Cujus rei Testimonium has literas nostras fieri fecimus Patentes Teste meipso. apud Westmonasterium vicesimo quinto die Martii Anno Regni nostri Vndecimo.  
Per Ipsum Regem propria Manu Signat.  Sergeant at Arms. 
God Save the King.  
Then the Herald and the Gentleman Usher of the Black Rod, after three Reverences, Kneeling, presented the White Staff to his Grace, and his Grace removed from the Woollpack to the Chair, which was placed upon an Ascent just before the uppermost Step of the Throne, and seated himself in the Chair.  Clerk of the Crown. 
Sergeant at Arms make Proclamation.  Sergeant at Arms. 
O Yes, O Yes, O Yes, My Lord High Steward of England, his Grace, does Straightly Charge and Command all manner of Persons here present, to be Uncovered, upon Pain of Imprisonment.  
Then the Judges and Masters in Chancery sat down in their Places upon the Woollpack, uncovered.  
Then the Clerk of the Crown Read the Return of the Certiorari in haec verba.  
Gulielmus Tertius Dei Gratia. Angl. Scoc. Franc. & Hibern. Rex Fidei Defence. etc. Justice. nostris. per Literas. nostras. Paten. confect. ad inquirend. per Sacrm. probor. & legal. hom. Com. nostri. Midd. ac aliis viis mod. & med. quibus melius sciverint aut poterint de quibuscunque prodic. mispris. prodic. insurrection. Rebellion. controfact. tonsur. lotur. falsis fabricac. & aliis falsitat. monet. hujus Regni Angl. & alior. Regnorum sive Dominiorum quorumcunque ac de quibusounque murdris fellow. homicide. interfection. burglar. raptibus mulierum congregacon. & conventicul. illicit. verborum prolationibus coadunat. misprision. confederate. falsis Alleganc. transgress. riot. rout. retention. escapiis contempt. negligenc. concelament. manutenen. oppression. deception. & aliis mulefactis offence. & injur. quibuscunque Necnon accessariis eorundem infra Com. praedict. tam infra libertates quam extra per quoscunque & qualitercunque habit. fact. perpetrat. sive commiss. ac de aliis articulis & circumstanciis premiss. & eorum quodlibet seu eorum aliquod vel aliqua qualitercunque concernen. plenius veritat. & ad easdem Prodition. & al. praemiss. audiend. & terminand. Assign. Necnon Justice. nostris ad Gaol. nostram de Newgate de prisoner. in ea existen. deliberand. Assign. & eorum cuilibet Saltm. Volen. certis de causis omnia & singula Indictament. & Inquisition. de quibuscunque fellow. & murdris unde Edrus. Comes Warwic. & Holland & Carolus Dominus Mohun & al. coram vobis Indictat. sunt Necnon Record. conviction. Rici. French Rogeri James & Georgii Dockwra pro fellow. & homicide. unde Indictat. sunt Et superinde per quandam. jur. Prie. inde inter nos & prefat. Richardum French Rogerum James & Georgium Dockwra capt. convict. exist. ut dicitur coram nobis & non alibi terminari vobis & cuilibet vestrum mandamus quod omnia & singula in Jndictament. & Record. Convict. praedict. cum omnibus ea tangen. quibuscunque nominibus iidem Edrus. Comes Warwic. & Holland Carolus Dominus Mohun Richardus Rogerus & Georgius nuncupentur in eisdem coram nobis sub sigillis vestris aut unius vestrum in octab. sci. Hillarii ubicunque tunc fuerimus in Angl. mittat. seu unus vestrum mittat una cum hoc brevi ut ulterius inde fieri fac. quod de jure ac secundum legem & cons. regni nostri Angl. fore viderimus faciend. Teste J. Holt Mil. apud Westm. xxviii die Novembris Anno regni nostri Decimo _____ per Cur. _____ Astry  
Ad instanc. prosecutor. quoad duos Def. & ad instanc. caeterorum Def. _____ J. Holt.  
Virtute cujus brevis mihi & aliis direct. Indictament. & Inquisition. inframentionat. necnon Record. conviction. infranominat. Rici. French Rogeri James & Georgii Dockwra pro fellow. & homicide. unde Indictat. & superinde per quandam Jur. prie. convict. exist. cum omnibus ea tangen. coram Dom. Rege in quibusdam Sched. huic brevi annex. mitto pront interius praecipitur.  
Respons. Fra. Child Mil. Major. Civit. Lond. un. Justice. infrascript.  
Midd. ss. Memorandum quod ad deliberation. Gaol. Domini Regis de Newgate tent. pro Com. Middlesex. apud Justice-Hall in le Old Bailie in Suburbiis Civit. London. die veneris (scilt.) decimo tertio die Januarii Anno Regni Dom. nostri. Gulielmi tertii Dei gra. nunc Regis Angl. etc. Decimo coram Fran. Child Mil. Majore Civit. London. Edro. Ward Mil. Capital. Baron. Sccii. dict. Dom. Regis Henrico Hatsell Milit. un Baron. Sccii. Dicti Domini Regis Thoma. Stamp Mil. Edro. Clerk Mil. Aldris. dict. Civit. London Salathiel. Lovel Mil. servien. dict. Dom. Regis ad legem ac Recordator. dict. Civit. London & aliis sociis suis Justice. dict. Dom. Regis ad Gaol. ipsius Dom. Regis de Newgate praedict. de prisoner. in eadem existen. deliband. assign. ven. hic in Cur. Carolus Lee Mil. Samuel Buck Will. Withers & Fran. Tysson Ar. Justice. dict. Dom. Regis per Literas patent. ipsius Dom. Regis eisdem Justice. praenoiat. & aliis ac quibuscunque quatuor vel plur. eorum sub magno Sigillo dict. Dom. Regis Angl. confect. ad inquirend. per Sacrament. probor. & legal. hom. de Com. Midd. praed. ac aliis viis modis & mediis quibus melius sciverint aut poterint tam infra libertat. quam. extra per quos rei veritas sciri poterit de quibuscunque prodition. misprision. prodition. insurrection. rebellion. controfcur. tonsur. lotur. falsis fabrication. & all falsitat. monetae hujus Regni dict. Dom. Regis Angl. & al. Regnorum sive Domin. quorumcunque ac de quibuscunque murdris fellow. homicide. interfeccon. burglar. Rapt. mulier. congregac. & conventicul. illicit. verborum prolation. Coadunac. misprision. Confederac. falfis Alleganc. transgr. Riot. Rout. retention. escapiis contempt. negligenc. concelamen. manutenen. oppression. Cambiparciis Deception. & aliis Malefact. & Offenc. quibuscunque Nec non accessar. eorund. infra Com. pred. tam infra libertat. praedict. quam extra per quoscunque & qualitercunque habit. fact. perpetrat. sive commiss. ac de aliis articul. & Circumstanc. premissa & eorum quodlibet seu eorum aliquod vel aliqua qualitercunque concernen. plenius veritat. & ad easdem prodition. & al. premissa audiend. & terminand. Secundum. legem & consuetud. hujus Regni dict. Dom. Regis Angl. Assign. & per manus suas propr. deliberaver. hic in Cur. dict. Dom. Regis quoddam Record. Indictament. coram eyes & aliis sociis suis nuper praeantea presentat. & capt. versus Edrum. Comit. Warwic. & Holland Carolum Dominum Mohun de Oakehampton in Com. Devon. Ricum. French Rogerum James & Georgium Dockwra pro murdro cujusdam Rici. Coote Ar. in forma juris terminand. etc. (eisdem Rico. French Rogero James & Georgio Dockwra prisoner. in dict. Gaol. dict. Dom. Regis de Newgate ex causa in eodem Indictament. content. adtunc. existen.) Record. cujus quidem Indictament. patet in quibusdam Schedul. huic annex.  
Midd. ss. Memorandum quod ad Sessionem de Oyer & Terminer Domini Regis tem. pro Com. Middlesex. apud Hicks-hall in S. John-street in Com. praed. die Mercurii fcil. seprimo die Decembris Anno Regni Domini nostri Gulielmi Tertii Dei gratia nunc Regis Angliae etc. decimo coram Canolo Lee Mil. Samuele Buck, Willielmo Withers. Francisco Tysson Armigeris & aliis Sociis suis Justice. dict. Dom. Regis per Literas Paten. ipsius Dom. Regis eisdem Justice. praenominat. & al. ac quibuscunque quatuor vel pluribus eorum sub magno Sigillo dict. Domini Regis Angliae confect. ad inquirend. per sacrament. probor. & legalium hom. Com. Middlesex. praed. ac aliis viis mod. & med. quibus melius sciverint aut poterint tam infra libertat. quam extra per quos rei veritas melius sciri poterit de quibuscunque prodition. misprision. prodition. insurrection. rebellion. controfactur. tonsur. lotur. falsis fabrication. & aliis falsitat. monet. hujus Regni dict. Dom. Regis Angl. & al. Regnor. sive Dominior. quorumcunque ac de quibuscunque murdris fellow. homicide. interfection. burglar. rapt. Mulier. congregat. & conventicul. illicit. verborum prolation. coadunat. misprision. confederate. falsis allegan. transgr. riot. rout. retention. escapiis contempt. negligen. concelamen. manutenen. oppression. cambipareiiss deception. & aliis malefactis & offensis quibuscunque necnon Accessar. eorundem infra Com. praed. tam infra libertat. quam extra per quoscuiique & qualitercunque habit. fact. perpetrat. sive commiss. ac de aliis articulis & cireumstantiis premissa & cor. quodlibet vel aliqua qualitercunque concernen. plenius veritat. & ad easdem prodition. & al. praemiss. audiend. & terminand. secund. legem & cons. hujus Regni dicti Dom. Regis Angl. assign. per sacrm. Egidii Riddle, Richardi Read, Roberti Leg, Josephi Partherich, Johannis Marriott, Jonathan Hall, Nicolai Baker, Roberti Teague, Thomae Briggs, Willielmi Brace, Thomae Williams, Georgii Bishop, Thomae Hodges, Johannis Lynn, Samuelis Lee, Richardi Rogers, Josephi Rogers, Johannis Cheney, Johannis Fowler, & Roberti Nicholson, probor. & legalium hominum Com. praed. adtunc & ibidem jurat. & onerat. ad inquirend. pro dicto Dom. Rege & corpore Com, praed. praesentat. existit qd. Billa Indictament. huic Schedul. annex. est vera.  
Midd. ss. Jurator. pro Domino Rege super sacrum. suum praesentant quod Edwardus Comes Warwic. & Holland. nuper de Paroch. S. Martini in campis in Com. Middlesex. Corolus Dominus Mohun Baro Mohun de Oakehampton in Com. Devon nuper de Paroch. praed. in Com. Middlesex. praed. Richardus French nuper de Paroch. praed. in Com. Middlesex. praed. Gen. Rogerus James nuper de Paroch. praed. in Com. Middlesex pred. Gen. & Georgius Dockwra nuper de Paroch. praed. in Com. Middlesex. praed. Gen. Deum pre oculis suis non habentes sed instigatione diabolica moti & seducti Tricesimo die Octobris Anno Regni Domini Gulielmi tertii Dei gra. Angl. Scoc. Franc. & Hibern. Regis fidei defence. etc. decimo vi & armis &c. apud paroch. praed. in Com. Middlesex. praed. in & super quendam Richardum Coote Ar. in pace dei & dicti Domini Regis ●unc adtunc & ibidem existen. felonice voluntary & ex malitiis suis praecogitat. insult. fecer. & qd. praed. Edwardus Comes Warwic. & Holland. cum quodm. gladio. (Anglice a Sword) de ferro & chalibe confect. valour. quinque solidor. quem ipse idem Edwardus Comes Warwic. & Holland. in manu sua dextra adtunc & ibidem extract, habuit & tenuit praefat. Richardum Coote in & super sinistram partem pectoris ipsius Richardi Coote prope os Collar. (Anglice the Collar Bone) ipsius Richardi Coote adtunc & ibidem felonice voluntary & ex malitia sua praecogitat. percussit pupugit & inforavit (Anglice did Strike Stab and Thrust in) dans eidem Richardo Coote adtunc & ibidem cum gladio extract. praed. in & super dict. sinistram partem Pectoris ipsius Rici. Coote prope Os Collar. (anglice the Collar Bone) ipsius Rici. Coote unum vulnus mortal. (anglice one Mortal Wound) latitud. dimidii unius pollicis & profunditat. quinque pollicium De quo quidem vuluere mortal. pred. Ricus. Coote adtunc & ibm. instanter obiit Et qd. pred. Carolus Dnus. Mohun Ricus. French Rogerus James & Georgins Dockwra adtunc & ibm. felonice voluntary & ex maliciis suis precogitat. fuer. presen. auxilian. abettan. confortan. assisten. & manutenen. prefat. Edrum. Comit. Warwic. & Holland. ad prefat. Ricum. Coote modo & forma pred. felonice volnntarie & ex maticia sua precogitat. interficiend. & murdrand. Et sic Jur. pred. super sacrm. suum pred. dic. qd. pred. Edrus. Comes Warwici & Holland. Carolus Dnus. Mohun Ricus. French Rogerus James & Georgius Dockwra prefat. Ricum. Coote modo & forma pred. felonice voluntary & ex maliciis suis precogitat. interfecer. & murdraver. Contra pacem dci. Domini Regis nunc Coron. & Dignitat. suas etc.  

Ricus. French 13 Januar. 98. 'pon. se Cul. de Felon. & Homicide. tant. Non cull. de Murdro. Catalla nulla. Pet. Librum. Legit ut Clericus. Crematio respectuatur qucusque etc.  
Rogerus James 13 Jan. 98. 'pon. se cull. de Felon. & Homicide. tant. Non cull. de Murdro. Catalla nulla. Petit Librum. Legit ut Clericus. Crematio respectuatur qucusque etc.   
Billa vera.  

Samuel Cowthorne de paroch. sci. Martini in Campis in Com. Midd. yeoman,  
Willus. Cripps de paroch. pred. in Com. pred. Yoman,  
Henricus Pomfret de paroch. pred. in Com. pred. Yoman,  
Willus. Salmon de paroch. pred. in Com. pred. Chirurgus,  
Robtus. Applegate de paroch. pred. in Com. pred. Yoman.   Jur. in Cur. 
Midd. ss. Memorand. qd. ad Deliberation. Gaol Dni. Regis de Newgate tent. pro Com. Midd. apud Justice-Hall in le Old Bailey in Suburbiis Civitat. London. die Mercurii Scilt. Septimo die Septembris Anno Regni Dni. nri. Gulielmi tercii Dei gra. Angl. Scoc. Franc. & Hibnie. Regis Fidei defence. etc. decimo coram Franco. Child Mil. Majore Civitat. London. Georgio Treby Mil. Capital. Justice. dci Dni. Regis de Banco Littleton Powis Mil. uno Baron. Sccii. dict. Dni. Regis Thoma Stamp Mil. Edro. Clerk Mil. Aldris. dict. Civitat. London. Salathiel Lovel Mil. Servien. dci. Dni. Regis ad Legem ac Recordatore dict. Civitat. London. & aliis Sociis suis Justice. dci. Dni. Regis ad Gaolam ipsius Dni. Regis de Newgate pred. de Prisoner. in eadem existen. deliberand. assign. ven. Robertus White gen. Coronator dci. Dni. Regis infra Libertat. Decani & Capituli Ecclie. Collegiat. b●i. Petri Westm. Civitat. Burgi & Ville Westm. in Com. Midd. pred. Et per manus suas proprias deliberavit hic in Cur. quandam Inquisicon. de morte Rici. Coote Ar. coram co nuper capt. in Cur. hic de Recordo in forma juris terminand. Que quidem Inquisitio huic Schedule annex. est  
'pon. se  
Civitas, Burgus & Villa. Westm. in Com. Midd. ss. Inquisitio indentat. captain. pro Dno. Rege apud paroch. sci. Martini in Campis infra Libertat. Decani & Capitli. Ecclesie Collegiat. bti. Petri Westm. Civitat. Burgi & Ville Westm. in Com. Midd. tricesimo die Octobris Anno Regni Dni. nri. Gulielmi tertii Dei gra. Angl. Scoc. Franc. & Hibernie Regis Fidei defensoris etc. decimo Coram Roberto White gen. Coronatore dci. Dni. Regis Libertat. pred. super visum Corporis cujusdam Rici. Coote Ar. ibm. jacen. mort. per sacrm. Johis. Harris Petri Solmon Rici. Newgent Willi. Friar Samuelis Thomson Jacobi Timberlick sen. Jacobi Timberlick jun. Rici. Jackson Johis. Finch Samuelis powel Samuelis Dimont Robti. Giltrick Johis. Paulin Josephi Vernon Thome Smithson Andreae Rogers & David Jones proborum & leglium. homin. Libertat. pred. jurat. & onerat. ad inquirend pro dco. Deo. Rege quando qualiter & quomodo prefat. Ricus. Coote ad mortem suam devenit dicunt super sacrm. suum pred. qd. Edrus. Comes Warwic. & Holland. nuper de paroch. sci. Martini in Campis infra Libertat. pred. in Com. pred. Carolus Dnus. Mohun nuper de paroch. pred. infra Libertat. pred in Com. pred. Ricus. French nuper de paroch. pred. infra Libertat. pred. in Com. pred. gen. Rogerus James nuper de paroch. pred. infra Libertat. pred. in Com. pred. gen. & Georgius Dockwra nuper de paroch. pred. infra Libertat. pred. in Com. pred. gen. Deum prae oculis suis non heutes. sed Instigatione diabolica moti & seducti dco. tricesimo die Octobris Anno decimo supradicto vi & armis &c. apud paroch. pred. infra Libertat. pred. in Com. pred. in & super prefat. Ricum. Coote in pace Dei & dci. Dni. Regis. nunc adtunc & ibm existen. felonice voluntary & ex maliciis suis precogitat. insult. fecer. & qd. pred. Ricus French cum quodam Gladio (anglice a Rapier) de ferro & chalibe confect. valoris quinque solid. quem ipse idem Ricus. French in manu sua dextra adtunc & ibm. extract. huit. & tenuit prefat. Ricum. Coote in & super sinistram partem Pectoris ipsius Rici. Coote prope Os Collar. (anglice the Collar Bone) ipsius Rici Coote adtunc & ibm. felonice voluntary & ex malicia sua precogitat. percussit & pupugit dans eidem Rico. Coote adtunc & ibm. cum Gladio pred. extract. in & super pred. sinistram partem pectoris ipsius Rici. Coote prope dict. Os Collar. ipsius Rici. Coote unum vulnus mortale longitudinis dimid. unius Pollicis & profunditatis quinque Pollicium de quo quidem vulnere mortali pred. Ricus. Coote apud paroch. pred. infra Libertat. pred. in Com. pred. instanter obiit Et qd. predicti Edrus. Comes Warwic. & Holland. Carolus Daus. Mohun Rogerus James & Georgius Dockwra adtunc & ibm. felonice voluntary & ex maticiis suis precogitat. fuer. presents auxiliantes abettantes confortantes assistentes & manutentes prefat. Ricum. French ad predictum Ricum. Coote in forma pred. felonice voluntary & ex malicia sua precogitat. interficiend. & murdrand. Et sic Jur. pred. dicunt super sacrm. suum pred. quod pred. Edrus Comes Warwici & Holland. Carolus Duns. Mohun Ricus. French Rogerus James & Georgius Dockwra prefat. Ricum. Coote modo & forma predict. felonice voluntary & ex maliciis suis precogitat. interfecer. & murdraver. contra pacem dci. Dni. Regis nunc Coron. & Dignitat. suas etc. Et ulterius Jur. pred. dicunt super sacrum. suum pred. qd. immediate post Feloniam & Murdrum pred. per ipsos modo & forma pred. fact, & perpetrat. apud Paroch. pred. infra Libertat. pred. in Com. pred. fugam. fecer. Quae bona & catalla terras sive tenementa pred. Edrus. Comes Warwici & Holland Carolus Dnus. Mohun Ricus. French Rogerus James & Georgius Dockwra tempore Felony & Murdri predict. per ipsos modo & forma pred. fact. & perpetrat. sive aliquo tempore postea usque diem Captionis hujus Inquisitionis habuerunt Jur. pred. penitus ignorant. In cujus Rei Testimonium tam prefat. Coronator quam Jur. pred. huic Inquisitioni Sigilla sua alternatim apposuerunt die anno & loco primo supradcis.  

Ricus. French 13 Jan. 98. 'pon. se cull. de fellow. & homicidio tant. Non cull. pro Murdro. Catal. nulla. Judicium super Indictamentum.  
Rogerus James 13 Jan. 98. 'pon. se cull. de fellow. & homicide. tant. Non cull. pro Murdro. Catalla nulla. Judicium super Indictamentum.  
Georgius Dockwra 13 Jan. 98. 'pon. se cull. de fellow. & homicide. tantum. Non cull. pro Murdro. Catalla nulla. Judicium super Indictamentum.   
Midd. ss. Memorandum qd. ad Sessionem de Oyer & Terminer Domini Regis tent. pro Com. Middlesex. apud Hicks-hall in S. John-street in Com. praed. dic Mercurii scilt. septimo die Decembris Anno Regni Domini nostri Gulielmi Tertii Dei gratia nunc Regis Angliae etc. decimo coram Carolo Lee Mil. Samuele Buck Willielmo Withers Francisco Tysson Armigeris & aliis Sociis suis Justice. dict. Dom. Regis per Literas Paten. ipsius Dom. Regis eisdem Justice. praenominat. & al. ac quibuscunque quatuor vel pluribus corum sub magno Sigillo dict. Dui. Regis Angliae confect. ad Inquirend. per sacrm. probor. & legalium hom. de Com. Middlesex. praed. ac aliis viis mod. & med. quibus melius sciverint aut poterint tam infra Libertates quam extra per quos rei veritas melius sciri poterint & inquiri de quibuscunque Prodition. Misprision. Prodition. Insurrection. Rebellion. Controfactur. Tonsur. Lotur. & falsis Fabrication. & aliis Falsitat. Monet. hujus Regni dict. Dom. Regis Angliae & aliorum Regnorum sive Dominior. quorumcunque ac de quibuscunque Murdris Feloniis Homicidiis Interfection. Burglar. Rapt. Mulier. congregat. & conventicul. illicit. Verborum prolation. coadunat. Misprision. Confederate. falsis Alleganc. Transgr. Riot. Rout. Retention. Escapiis Contempt. Negligen. Concelamen. Manutenen. Oppressionibus Cambiparciis Deception. & aliis Malefact is & Offensis quibuscunque necnon Accessar. eorundem infra Com. pred. tam infra Libertat. quam extra per quoscunque & qualitercunque habit. fact. perpetrat. sive commiss. Ac de aliis Articulis & Circumstantiis premissa & eorum quodlibet seu eorum aliquod vel aliqua qualitercunque concernen. plenius veritat. Et ad easdem Proditiones & alia Premissa audiend. & terminand. sedm. Legem & Cons. hujus Regni dci. Dni. Regis Anglie assign: per sacrm. Egidii Riddle Rici. Read Roberti Legg Josephi Partherich Johis. Marriot Jonathan Hall Nicholai Barker Roberti Teague, Thome Briggs Willi Brace Thome Williams Georgii Bishop Thome Hodges Johis. Lynn Samuelis Lee Rici. Roger's Johis. Cheney Johis. Fowler & Roberti Nicholson proborum & legalium Hominum Com. pred. & tunc & ibm. jurat. & onerat. ad inquirend. pro. dco. Dno. Rege & corpore Com. pred. present at. existit qd. Edrus. Comes Warwici & Holland. nuper de Paroch. S. Martini in campis in Com. pred. Carolus Dnus. Mohun Baro Mohun de Oakhampton in Com. Devon nuper de Paroch. pred. in Com. Midd. pred. Ricus. French nuper de Paroch. pred. in Com. Midd. pred. gen. Rogerus James nuper de paroch. pred. in Com. Midd. pred. gen. & Georgius Dockwra nuper de paroch. pred. in Com. Midd. pred. gen. Deum pre oculis suis non hentes. sed instigatione diabolica met. & seduct. 30 die Octobris Anno Regni Gulielmi tertl● Dei gratia Angl. Scoc. Franc. & Hibernie Regis fidei defensoris etc. decimo vi & armis &c. apud paroch. pred. in Com. Midd. pred. in & super quendam Ricum. Coote Ar. in pace Dei & dci. Dni. Regis nunc adlunc & ibidem. existen. felonice voluntary & ex maliciis suis precogitat. insult. sicer. Et qd. pred. Comes Warwici & Holland. cum quodam Gladio (anglice a Sword) de serro & Chalibe confect. valoris quinque solid. quem ipseidem Edrus. Comes Warwici & Holland, in manu sua dextra adtunc & ibm. extract. huit & tenuit praefat. Ricum. Coote in & super sinistram partem Pectoris ipsius Rici. Coote prope Os. Collar. (anglice the Collar Bone) ipsius Rici. Coote adtunc & ibm. felonice voluntary & ex malicia sua precogitat, percussit pupugit & inforavit (anglice, did strike, stab, and thrust in.) Dans cidem Rico. Coote adtunc & ibm. cum Gladio extract. pred. in & super dict. sinistram partem pectoris ipsius Rici. Coote prope Os Collar. (anglice the Collar Bone) ipsius Rici. Coote unum Vulnus Mortal (anglice, one Mortal Wound) latitudinis dimidii pollicis & profunditatis quinque pollicium de quo quidem vulnere mortali pred. Ricus Coole adtunc & ibm. instanter obiit Et qd. pred. Corolus Dnus. Mohun Ricus. French Rogerus James & Georgius Docwra adtunc & ibm. felonice voluntary & ex maliciis suis precogitat. fuer. presents auxiliantes abettantes confortantes assistentes & manutenentes prefat. Edrum. Comitem Warwici & Holland. ad prefat. Ricum. Coole modo & forma pred. felonice voluntary & ex malicia sua precogitata interficiend. & Murdrand. Et sic Jur. pred. super sacrm. suum pred. dicunt qd. predict. Edrus. Comes Warwici. & Holland. Carolus Dnus. Mohun Ricus French Rogerus James & Georgius Dockwra prefat. Ricum. Coote modo & forma pred. felonice voluntary & ex maliciis suis precogitatis interfecer. & murdraverunt contra pacem dci. Dni. Regis nunc Coron. & Dignitat. suas etc. Per quod Preceptum est Vic. Midd. qd. non ommitteret etc. quin caperet predictos Edrum. Comitem Warwici & Holland. Carolum Dnum. Mohum Ricum. French Rogerum James & Georgium Dockwra ad respondend. etc. Quod quidem Indictamentum prefat. Justice. dci. Dni. Regis (per deas. Literas paten. ipsius Dni. Regis eisdem Justice. prenominat. & aliis ac quibuscunque quatuor vel pluribus eorum sub magno Sigillo dci. Dni. Regis Anglie ut prefertur confect.) postea scilt. ad Deliberationem Gaol dci. Dni. Regis de Newgate tent. pro Com. Midd. pred. apud Justice-Hall in le Old-Baily in Suburbiis Civitat. Lond. dco. die Mercurii seilt. septimo die ejusdem Mensis Decembris Anno Regni dci. Dni. Regis nunc decimo supradicto coram Francisco Child Mil. Majore Civitat. London. Georgio Treby Mil. Capital Justice. dci. Dni. Regis de Banco Littleton Powis Mil. uno Baronum Sccii. dci. Dni. Regis Thoma Stamp Mil. Edro. Clerk Mil. Aldris. dce. Civi●at. London. Salathiel Lovel Mil. Servien. dci. Dni. Regis ad Legem ac Recordatore dce. Civitatis London. & aliis Sociis suis Justice. dci. Dni. Regis ad Gaolam dci Dni Regis de Newgate pred. de Prisoner. in eadem existen. deliberand. assign. per manus suas proprias deliberaverunt hic in Cur. de Recordo in forma juris terminand. etc. Super quo postea scilt. ad deliberationem Gaol dci. Dni. Regis de Newgate pred. die Veneris scilt. 13 die Jan. Anno. Regni dci. Dni. Regis nunc decimo supradicto coram Francisco Child Mil. Majore Civitat. London. Edro. Ward Mil. Capital. Baron. Sccii. dci. Dni. Regis Henrico Hatsall Mil. uno Baron. Sccii. dci. Dni. Regis Thoma Stamp Mil. Edro. Clerk Mil. Aldris. dce. Civilat. London. Salathiel Lovel Mil. Servien. dci. Dni. Regis ad Legem ac Recordatore dict. Civitat. London. & aliis Sociis suis Justice. dci. Dni. Regis ad Gaolam ipsius Dni Regis de Newgate predict. de Prisoner. in eadem existen. deliberand. assign. vener. predict. Ri●us. French Rogerus James & Georgius Dockwra sub Custod. Willi. Goare Militis & Josephi Smart Militis Vic. Com. pred. (in Custod. cujus ex causa pred. in Gaolam de Newgate pred. preantea commissi fuer.) Ad Barram hic dust. in propriis personis suis & statim de Premissis in Indictamento pred. superius specificat. eyes superius separatim imposit. separatim allocut. qualiter se velint inde acquietari iidem Ricus. French Rogerus James & Georgius Dockwra separatim dicunt qd. ipsi non sunt inde Culpabiles nec aliquis corum est inde Culpabilis & inde de bono & malo separatim 'pon. se super Priam. etc. Jo. immediate ven. inde Jura. coram prefat. Justice. dci. Dni. Regis ult. noiat. hic etc. Et qui nec etc. Ad recogn. etc. Et Jur. Jure. ill. per prefat. Vic. ad hoc impanellat. (seilt.) Chrus. Rednap, Thomas Moody, Thomas Dunck, Simo Smith Johes. S●ith, Michael Miles, Thomas Rowell, Nathaniel Lee, Josephus Devenish, Henricus Bradbury, Willus. Giles, & Johes. Burgoyne exacti vener. qui ad veritat. de & super Premissis pred. dicend. electi triati & jurati dicunt super sacrum. snnm qd. pred. Ricus. French Rogerus James & Georgius Dockwra sunt Culpabiles Et quilibet eorum est Culpabilis de Homicidio & felonica Interfectione prefat. Rici. Coote in Indictamento pred. superius noiat. Et qd. iidem Ricus. French Rogerus James & Georgius Dockwra tempore Felony & Homicidii pred. per ipsos Ricum. French Rogerum James & Georgium Dockwra in forma pred. commiss. seu unquam postea non huer. nec aliquis eorum huit. nec hent. nec aliquis eorum het. aliqua bona seu catalla terras sive tenementa ad Noticiam Jur. pred. Sed. iidem Jur. ulterius dicunt super sacrum, suum pred. qd. pred. Ricus. French Rogerus James & Georgius Dockwra non sunt Culpabiles nec eorum aliquis est Culpabilis de Murdro pred. in Indictamento pred. superius specificat. eyes superius separatim impoit. prout iidem Ricus. French Rogerus James & Georgius Dockwra pro seipsis. superius plitando. allegaver. nec seipos eâ occone. unquam retraxer. nec eorum aliquis se eâ occone. unquam retraxit Super quo visis & per Cur. hic intellectis omnibus & singnlis premissis Cons. est per Cur. hic qd. pred. Ricus. French Rogerus James & Georgius Dockwra quoad Murdrum pred. in Indictamento pred. superius spec. eyes superius separatim impoit. sint quiet. Et eant & quilibet eorum sit quiet. & eat inde sine die etc. Et superinde statim separatim per Cur. hic quesit. est de prefat. Rico. French Rogero James & Georgio Dockwra si quid pro se habeant vel dicere sciant vel aliquis eorum aliquid pro se habeat vel dicere sciat quare Cur. hic ad Judicium & executionem de eyes & eorum quolibet super Veredicto pred. quoad Homicidium & felonicam Interfectionem prefat. Rici. Coote procedere non debet Qui separatim dicunt qd. ipsi sunt Clerici Et quilibet eorum est Clericus Et separatim petunt Beneficium Clericale eyes & cuilibet eorum in hac parte allocari Et super hoc (tradito eisdem Rico. French Rogero James & Georgio Dockwra separatim per Cur. hic Libro) iidem Ricus. French Rogerus James & Georgius Dockwra separatim legunt ut Clerici & quilibet eorum legit ut Clericus Sed quia Cur. dci. Dni. Regis hic & prefat. Justice. dci. Dni. Regis ult. noiat. de Judicio suo de & super Premissis pred. quoad Homicidium pred. & felonicam Interfectionem prefat. Rici. Coote reddend. nondum advisantur Ideo dies inde dat. est prefat. Rico. French Rogero James & Georgio Dockwra in statu quo nunc etc. usque prox. Gaote deliberationem dci. Dni. Regis de Newgate pred. pro Com. Midd. pred. tenend. de Judicio suo de & super Premssis illis audiend. etc. Eo qd. prefat. Justice. dci. Dni. Regis ult. noiat. & Cur. hic inde nondum etc.  Lord High Steward. 
Is it your Lordship's Pleasure that the Judges may be Covered?  Lords. 
Ay, Ay.  
Then the Judges put on their Caps.  Clerk of the Crown. 
Sergeant at Arms make Proclamation.  Sergeant at Arms. 
O Yes, O Yes, O Yes, Chief Governor of the Tower of Dondon, bring forth the Body of Edward Earl of Warwick and Holland, your Prisoner, forthwith, on Pain and Peril will fall thereon.  
Then the Earl of Warwick was brought to the Bar by the Deputy Governor of the Tower of London, having the Axe carried before him by the Gentleman Jailor, who stood with it at the Bar, on the Right Hand of the Prisoner, turning the Bdge from him; The Prisoner at his Approach to the Bar making three Bows, one to his Grace the Lord High Steward, the other to the Peers on each Hand; and his Grace and the Peers returned the Salute.  Lord High Steward. 
My Lord of Warwick, your Lordship is brought before this great Judicature, in order to your Trial. You stand Indicted by the Grand Inquest for the County of Middlesex, as Guilty of the Murder of one of the King's Subjects, for whose Blood Justice requires a strict Inquisition should be made.  
Your Lordship is called to Answer this Charge before the whole Body of the House of Peers Assembled in Parliament. It is a great Misfortune to be Accused of so Heinous an Offence, and it is an addition to that Misfortune, to be brought to Answer as a Criminal before such an Assembly, in Defence of Your Estate, your Life, and Honour. But it ought to be a support to your Mind, sufficient to keep you from sinking under the Weight of such an Accusation, that you are to be Tried before so Noble, Discerning, and Equal Judges, that nothing but your own Gild can hurt you. No Evidence will be received, but what is Warranted by Law; No Weight will be laid upon the Evidence, but what is agreeable to Justice; No Advantage will be taken of your Lordship's little Experience in Proceed of this Nature; Nor will it turn to your Prejudice, that you have not the assistance of Council in your Defence as to the Fact, (which cannot be allowed by Law) and their Lordships have already assigned you Council, if any Matters of Law should arise.  
Your Lordship throughout your whole Trial, may assuredly promise yourself, to find all the Candour and Compassion which is consistent with Impartial Justice; beyond that nothing is to be expected: Their Lordships can never so far forget themselves, as to departed from what is right, and to draw the guilt of Blood upon their own Heads, but if your Lordship is Innocent you are safe.  
My Lord, It will be requisite for you to recollect yourself upon this Occasion in the best manner you can. You ought to hear with Temper what the King's Council have to say without interrupting them, and to hearken Carefully to the Witnesses produced against you, that you may be ready to cross Examine them if you find cause, and to make your Observations upon the Evidence when the proper time comes for your Lordship to make your Defence; of which I will not fail to give you Notice, and when that time does come your Lordship may be assured, yourself and your Witnesses will be heard with great Patience, and Attention; and when my Lords have Herd and Considered the whole Matter, the Judgement will unquestionably be according to the Rules of Justice, and such as will become the Honour of this High Court.  
Read the Indictment to my Lord.  Earl of Warwick. 
My Lord, I beg I may have the use of Pen, Ink, and Paper.  L. H. Steward. 
Will your Lordships please to allow my Lord Warwick Pen, Ink, and Paper?  Lords. 
Ay, Ay.  L. H. Steward. 
Carry Pen, Ink, and Paper to my Lord; which was done by the Clerk.  L. H. Steward. 
My Lord, your Lordship will do well to give Attention while the Indictment is Read to you; Read it to my Lord in English.  Clerk of the Crown. 
YOur Lordship Stands Indicted by the Name of Edward Earl of Warwick and Holland, late of the Parish of St. Martin in the Fields in the County of Middlesex, for that your Lordship, together with Charles Lord Mohun, Baron Mohun of Oakehampton in the County of Devon, late of the Parish aforesaid in the County of Middlesex aforesaid, Richard French, late of the Parish aforesaid in the County of Middlesex aforesaid, Gent. and George Dockwra, late of the Parish aforesaid in the County of Middlesex aforesaid, Gent. not having the Fear of God before your Eyes, but being moved and seduced by the Instigation of the Devil the 30th day of October, in the Tenth Year of the Reign of our Sovereign Lord William the Third, by the Grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, etc. with Force and Arms, etc. at the Parish aforesaid, in the County of Middlesex aforesaid, in and upon one Richard Coote Esq in the Peace of God, and of our said Sovereign Lord the King, then and there being Felaniously, Voluntarily, and of your Malice afore-thought, did make an Assault, and that your Lordship, the said Edward Earl of Warwick and Holland, with a certain Sword made of Iron and Steel of the value of 5 s which you the said Edward Earl of Warwick and Holland, in your Right Hand then and there had and held drawn, the aforesaid Richard Coote in and upon the left part of the Breast of him the said Richard Coote, near the Collar Bone of him the said Richard Coote, then and there Feloniously, Voluntarily, and of your Malice afore-thought, did Strike, Stab, and Thrust in, giving to the said Richard Coote, then and there with the Sword drawn aforesaid, in and upon the left part of the Breast of him the said Richard Coote, near the Collar Bone of him the said Richard Coote, one Mortal Wound of the breadth of half an Inch, and of the depth of 5 Inches, of which said Mortal Wound the aforesaid Richard Coote then and there instantly died; And that the aforesaid Charles Lord Mohun, Richard French, Roger James, and George Dockwra, then and there Feloniously, Voluntarily, and of their Malice afore-thought, were present, aiding, abetting, comforting, assisting, and maintaining you the said Edward Earl of Warwick and Holland, the said Richard Coote, in manner and form aforesaid, Feloniously, Wilfully, and of your Malice afore-thought, to Kill and Murder, and so you the said Edward Earl of Warwick and Holland, and the said Charles Lord Mohun, Richard French, Roger James, and George Dockwra, the aforesaid Richard Coote, in manner and form aforesaid, Feloniously, Voluntarily, and of your Malice afore-thought, did Kill and Murder, against the Peace of our Sovereign Lord the King, that now is, His Crown and Dignity, etc.  
How say you Edward Earl of Warwick and Holland, are you guilty of this Felony and Murder whereof you stand Indicted, or not guilty?  Earl of Warwick. 
Not Guilty.  Clerk of the Crown. 
Culprit, How will your Lordship be Tried?  Earl of Warwick. 
By God and my Peers.  Clerk of the Crown. 
God send your Lordship good Deliverance.  
Then at the Motion of some Lords who sat towards the upper end of the House, and by reason of the distance could not distinctly hear the Clerk, the Indictment was Read again, the Clerk standing near the upper end of the House.  Clerk of the Crown. 
Sergeant at Arms make an O Yes.  Sergeant at Arms. 
O Yes, O Yes, O Yes, If any one will give Evidence on behalf of our Sovereign Lord the King, against Edward Earl of Warwick and Holland, of the Felony and Murder whereof he stands, Indicted, let them come forth, and they shall be heard, for now he stands at the Bar upon his Deliverance.  L. H. St. 
Will your Lordships give me Leave to go down to the Woolpack that I may hear the better.  Lords. 
Ay, Ay.  
Then his Grace removed to the Woollpack, and delivered the White Staff to be held by the Gentleman Usher of the Black Rod, who during the whole Trial always received and delivered back the White Staff upon his Knees.  L. H. St. 
Mr. Attorney, are you ready to proceed?  Mr. At. Gen. 
Yes, my Lord.  L. H. St. 
Then begin Sir.  Mr. Serj. Wright. 
May it please your Lordships.  L. H. St. 
Pray, Mr. Sergeant, raise your Voice as much as possible you can, that my Lords towards the upper end of the House may hear.  Mr. Serj. Wright. 
May it please your Lordships, this Noble Lord Edward Earl of Warwick and Holland, the Prisoner at the Bar, stands Indicted for the Felonious Killing and Murder of one Richard Coote Esq and the Indictment sets forth, That upon the 30th day of October, in the Tenth Year of His Majesty's Reign, at the Parish of St. Martin in the Fields, in the County of Middlesex, the Prisoner at the Bar, the Earl of Warwick, together with Charles Lord Mohun Baron of Oakehampton, Richard French, Roger James, and George Dockwra, Gent. Feloniously, Voluntarily, and of their Malice afore-thought, did make an Assault upon the said Richard Coote, in the Indictment named, and the Indictment chargeth, that the Earl of Warwick, at the same time and place, with a Sword, Feloniously, Voluntarily, and of his Malice afore-thought, did give unto the said Richard Coote, in or upon the left part of the Breast of him the said Richard Coote, near his Collar Bone, one Mortal Wound of the breadth of half an inch, and of the depth of five Inches, of which said Wound the said Richard Coote then and there instantly died; And the Indictment further Charges, that the said Charles Lord Mohun, Richard French, Roger James, and George Dockwra, the Earl of Warwick, to commit the Felony and Murder aforesaid, were then and there aiding, assisting, comforting, and abetting; and so the Jurors Charge, That he the said Edward Earl of Warwick and Holland, Charles Lord Mohun, Richard French, Roger James, and George Dockwra, the said Richard Coote Feloniously, Voluntarily, and of their Malice afore-thought, at the Parish aforesaid, in the County aforesaid, did Kill and Murder, against the Peace of our Sovereign Lord the King, his Crown and Dignity. To this Indictment this Noble Lord, the Prisoner at the Bar, Edward Earl of Warwick and Holland, has Pleaded Not Guilty, and for his Trial hath put himself upon My Noble Lords his Peers here present; We shall call our Evidence, and if we prove this Fact for the King, we do not doubt but your Lordships will give such Judgement for the same as shall be Just.  Mr. At. Gen. 
May it please your Lordships, I am of Council in this Cause for the King against this Noble Lord Edward Earl of Warwick and Holland; The Prisoner at the Bar, who stands Indicted by the Grand Jury of the County of Middlesex, has been Arraigned, and is now to be Tried before your Lordships for the Felonious Killing and Murdering of Mr. Coote; In the Indictment named, the Evidence to make good this Charge against this Noble Lord, it comes to my turn to open to your Lordships.  Mr. At. Gen. 
My Lords, the Case as to the Fact, according to my Instructions, is this; Upon Saturday the 29th of October last, at night, my Lord of Warwick, my Lord Mohun, Mr. French, Mr. Dockwra, and Mr. Coote, the unfortunate Gentleman who was killed, met together at one Locketts, who kept the Greyhound Tavern in the Strand, and there they stayed till it was very late; About 12 of the Clock at night, or thereabouts, a Messenger was sent by the Company to fetch another Gentleman, Mr. James; and Mr. James coming to them, in what Condition your Lordships will be told by the Witnesses; About One of the Clock in the Morning, on Sunday the 30th of October, they all came down out of the Room where they had been so late, to the Bar of the House, and there, as the Witnesses will tell your Lordships, Swords were drawn, and Chairs were called for, and Two Chairs which were nearest at hand came, and Two of the Company went into those Chairs; who they were, and what passed at that time, the Witnesses will tell your Lordships; Those that got into those Chairs came out again, and more Chairs were called for. But I must acquaint your Lordships, that my Lord Mohun, when the Two Gentlemen that went into the Chairs ordered the Chairmen to take them up, and carry them away, spoke to them to stop and go no further, for there should be no Quarrelling that night, and that he would send for the Guards and secure them; and after this they came out of the Chairs again; It will appear there were Swords drawn amongst all of them, and some Wounds given; More Chairs being called for, and brought, this Noble Lord that is here at the Bar, my Lord of Warnick, my Lord Mohun, and the other Four Gentlemen, went all into the Chairs, and gave the Chairmen Directions whither they should carry them, at leastwise the foremost had Directions given them, and the rest were to follow them; it was a very dark night, but at last they came all to Leicester Square, and they were set down a little on this side the Rails of the Square, and when the Chairmen had set them down they went away; but immediately some of them heard my Lord of Warwick calling for a Chair again, who came towards the Rails, and there they found Two of the Gentlemen that had been carried in some of the other Chairs holding up Mr. Coote between them, and would have had the Chairmen carried him away to a Surgeon's, but they found he was dying, and so would not meddle with him; afterwards my Lord of Warwick and Mr. French were carried by Two of the Chairs to Mr. Annys, the Chirurgeon at the Balneo in Long-acre, where Mr. French being wounded, was taken care of, particularly by the Recommendation of my Lord of Warwick, and the Master of the House was called up, it being very late; Mr. Cootes Sword was brought to that place, but by whom it was brought we cannot exactly say, while my Lord of Warwick and Capt. French were there, and my Lord of Warwick had given Orders for the Denying of himself, and forbidden the opening of the Door. There came the other Two Gentlemen, Mr. James and Mr. Dockwra, and upon their Knocking at the Door they were let in by my Lord's Order, after he had discovered who they were, looking through the Wicket. Mr. James had his Sword drawn, but it was broken. My Lord of Warwick's Hand was slightly wounded, and his Sword bloody up to the Hilt when he came in, as will be proved by the Testimony of the Servants in the House. There was a Discourse between my Lord, Mr. James, and Mr. Dockwra, about going into the Country, but before they went the Swords were all called for to be brought to them, and upon inquiry there was no Blood found upon Mr. Frenche's Sword, but a great deal upon my Lord of Warwick's, of which great notice was taken at that time. Mr. Coote, who was killed, had received one Wound in the left side of his Breast, half an Inch wide, and five deep, near the Collar Bone; he had likewise another Wound upon the left side of his Body; both which your Lordships will hear, in the Judgement of the Surgeon, Mortal Wounds, and the Evidence will declare the Nature of them.  
My Lords, The Evidence does chief consist of, and depend on Circumstances, the Fact being done in the Night, and none but the Parties concerned being present at it, we shall lay the Evidence before your Lordships as it is for your Judgement, and call what Witnesses we have on the behalf of the King, against this Noble Peer the Prisoner at the Bar, and take up your Lordship's time no further in opening; and we shall begin with Samuel Cawthorne; he is a Drawer at the Tavern where those Lords and Gentlemen were together, and he'll give you an account of the time they came there, how long they stayed, what happened in the House during their being there, and what time they went away.  L. H. St. 
Give him his Oath.  Which the Clerk did. Mr. At. Gen. 
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.  L. H. St. 
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.  Mr. At. Gen. 
Is your Name Samuel Cawthorne?  Cawthorne. 
Yes my Lord.  Mr. At. Gen. 
Where do you live?  Cawthorne. 
With Mr. Lockett at Charing-Cross.  Mr. At. Gen. 
Did you live with him at the Greyhound Tavern in the Strand the latter end of October last?  Cawthorne. 
Yes I did.  Mr. At. Gen. 
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 wont away.  Cawthorne. 
It was Saturday Night the 29th. of October last.  Mr. At. Gen. 
Pray tell my Lords the whole of your know ledge in the matter.  Cawthorne. 
There came my Lord of Warwick, my Lord Mohun, Capt. Coote, Capt. French, and Capt. Dockwra the 29th. of October last in the Evening to my Master's House at the Greyhound Tavern in the Strand.  Mr. At. Gen. 
How long were they there, and what time of Night came they in?  Cawthorne. 
About Eight a Clock at Night, my Lord Warwick, my Lord Mohun, Capt. French, and Capt. Coote, came in.  Mr. At. Gen. 
What Day do you say it was?  Cawthorne. 
Saturday the Nine and twentieth Day of October last.  Mr. At. Gen. 
How long did they continue there?  Cawthorne. 
It was between One and Two the next Morning before they went away.  Mr. At. Gen. 
Was any body sent for to come to them there?  Cawthorne. 
Yes, Mr. James.  M. At. Gen. 
What time was that?  Cawthorne. 
About Twelve of the Clock.  Mr. At. Gen. 
Did he stay with them till they went away?  Cawthorne. 
Yes.  Mr. At. Gen. 
What did you observe passed in the Company while they were there?  Cawthorne. 
I did not observe any thing of quarrel, nor 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 Capt. Coote went away in; and my Lord of Warwick and my Lord Mohun bid the Chair-men carry them home.  Mr. At. Gen. 
Were there then any other Chairs at the Door?  Cawthorne. 
There were two more Chairs at the Door, and another was called for.  Mr. At. Gen. 
Did you hear any Directions given where they should carry them?  Cawthorne. 
My Lord Warwick, and my Lord Mohun bid them carry them home.  Mr. At. Gen. 
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 Caote should go and lie with him, or he would go and lie with Capt. Coote that Night, for there should be no quarrelling.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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.  M. At. Gen. 
Pray will you tell what did really apass 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 Sword's 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.  Mr. At. Gen. 
Pray how did they go away, who went together.?  Cawthorne. 
My Lord of Warwick, my Lord Mohun, and Capt. Coote went in the first three Chairs, them three together, and bid the Chair-men go home, the sixth Chair was not then come.  Mr. At. Gen. 
When that Chair came pray what directions were given to it.  Cawthorne. 
I did not hear them give the Chairman any Directions at all.  Mr. At. Gen. 
Do you know any thing more that was done after this time?  Cawthorne. 
No my Lord, not after they wentaway, after I returned with the Chairs, it was in two Minute's time that they went away.  Mr. At. Gen. 
My Lords, I suppose he knows no more of the Matter.  L. H. St. 
Will you then ask him no more Questions, Mr. Attorney?  Mr. At. Gen. 
No, my Lords, unless this Noble Lord shall ask him any Questions, upon which we shall have occasion to examine him.  L. H. St. 
My Lord, Has your Lordship any Questions to ask this Witness, for now is your time, the King; s Counsel having done Examining him.  E. of War. 
I desire to ask him whether I did not bid the Chair-men go home?  L. H. St. 
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.  E. of War. 
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 Chair-men go home.  L. H. St. 
Witness, you hear my Lord's Question, What say you to it?  Cawthorne. 
Yes, my Lord of Warwick did bid the Chair-men go home.  E. of Warwick. 
Mr 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:  L. H. 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?  E. of Warw. 
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?  L. H. St. 
The Question my Lord dosires 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.  E. of Warw. 
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.  E. of Warw. 
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.  L. H. St. 
Would your Lordship ask him any other Question?  E. of Warw. 
My Lord, I desire he may be asked this Question, Whether he knows of any particular Kindness between Mr. Coote and me?  L. H. St. 
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 Kindnefs between them as I observed it ever was so, and I never heard any 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.  E. of Warw. 
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?  L. H. St. 
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.  E. of Warw. 
My Lord, I desire he may be asked, between whom he apprehended the Quarrel to be at this time.  L. H. St. 
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 Captain Coote, were all on one side, and the other three were on the other side.  E. of Warw. 
Who were the two Persons that it was apprehended the Quarrel was between, I desire he may be asked.  L. H. St. 
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.  E. of Warw. 
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.  L. H. St. 
What do you say to the Question my Lord proposes?  Cawthorue. 
I heard Mr. Coote say, He would Laugh when he pleased, and he would Frown when he pleased, God damn him.  E. of Warw. 
My Lord, I desire to know who he thinks those Words were addressed to.  L. H. St. 
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.  E. of Warw. 
I desire to know of him, Whether Mr. Coote was not one of the three that was on the other side of the Bar?  Cawthorne. 
Yes, my Lord of Warwick, my Lord Mohun, and Captain Coote, were of the outside of the Bar.  E. of Warw. 
Was Captain 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.  E. of Peterb. 
My Lords, I desire to ask this Witness one Question?  L. H. St. 
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.  E. of Peterb. 
I did apprehend my Lord of Warwick had done.  L. H. St. 
No, my Lord, not as yet; pray, my Lord Warwick, what other Questions has your Lordship to ask of this Witness?  E. of Warw. 
My Lord, I desire he may be asked particularly this Question, Whether he perceived any Quarrel particularly between me and Captain Coote when we went out of the House?  L. H. St. 
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.  E. of Warw. 
I desire to know who paid the Reckoning that night?  Cawthorne. 
The Reckoning was called for before I came in to take it; and tho' 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.  L. H. St. 
My Lord, have you any thing more to ask this Witness?  E. of Warw. 
No, my Lord, at present that I think of.  L. H. St. 
My Lord Peterborough, your Lordship desired to ask a Question, will you please to propose it now.  E. of Peterb. 
My Lord, this Witness seems to take notice of two Sides, who were on the one side, and who were on the other, and that Mr. Coote and my Lord of Warwick were on one side; I desire to know one thing of him, What Reason he had to apprehend that they two were of a side?  L. H. St. 
Friend, you hear that Noble Lord's Question; you seem to say, they were three and three of a side, What Reason had you to apprehend, that my Lord Warwick and Mr. Coote were of one side? You must explain to my Lords how you come to make that Judgement, what Reason you had to think so.  Cawthorne. 
They three, my Lord Mohun, my Lord Warwick, and Mr. Coote, were on the one side of the Bar; and Captain James, Captain French, and Captain Dockwra were on the other side of the Bar.  L. H. St. 
So you said before; but the Question which my Noble Lord desires to be satisfied in is this, How you come to speak as if there was a Quarrel between three and three? What Reason had you to think, that three were on side, and three on the other?  Cawthorne. 
Their Swords were all drawn, and they stood three on one side of the Bar, and three on the other.  E. of Rochester. 
My Lords, I desire to ask this Witness one Question; I think he told your Lordship at first, That he did not perceive any angry Words among them; afterwards he comes to talk of Swords drawn amongst them all, three on the outside, and three on the inside of the Bar; I desire to know what was the occasion of those Swords being drawn on the one side or the other?  Cawthorne. 
Whatsoever Quarrel there was, was amongst themselves above Stairs, and I know no angry Words that passed between them when they came down to the Bar.  L. H. St. 
See what you say? How consistent one part of it is with another! You said at first, you did not hear of any angry Words that passed between them, and yet you say, All their Swords were drawn, and three were on the one side and three on the other: And when you were Examined upon the Motion of that Noble Lord, what you meant by three on the one side, and three on the other, you said, My Lord Mohun, my Lord Warwick, and Mr. Coote, were on the one side, Mr. James, Mr. French, and Mr. Dockwra, were on the other side: How could there be two sides, unless there was a Quarrel?  Cawthorne. 
I said, I did not hear any angry Words pass between them before they came to the Bar, or while they were above Stairs, but there were three on the one side of the Bar, and three on the other.  L. H. St. 
But you have not give 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 Captain Coote were of a side?  Cawthorne. 
My Lord Mohun came to the Chair side when Captain Coote and Captain French were got into the two first Chairs, and told Captain 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.  L. H. St. 
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.  Mr. At. Gen. 
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 by to inquire a little further into that Matter: My Lords, I desire he may be asked this plain Question, What Wo●●s 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.  Mr. At. Gen. 
Pray, my Lord, I desire he may be asked, Who those Words were spoke to, and who they were applied to?  Cawthorne. 
They were spoke to Mr. James, Mr. French, and Mr. Dockwra, who were withinside of the Bar.  Mr. At. Gen. 
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.  Mr. Att. Gen. 
Pray my Lord, I desire he may be asked this Question, Was that before the Swords were drawn, or afterwards?  Cawthorne. 
It was before.  Mr. Att. Gen. 
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.  Mr. Att. Gen. 
Upon the Oath you have taken, Was those Words that you speak of Mr. Cootes, 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.  L. H. St. 
Does either side desire to ask this Witness any Questions; if not, than you may withdraw, and you may proceed, Mr. Attorney, to Examine some other Witness.  Lord Wharton. 
My Lord, there was a Question asked at the Bar about the hindering of the Quarrel, and my Lord Mohun's desire to part them, and make them Friends, I desire the Witness before he goes away, may be asked what he knows of that Matter.  L. H. St. 
It has been observed by my Lord that you said, when they came down to the Bar, and the Quarrel happened, some body would have prevented it; pray repeat that Matter again, Did you observe any of the Company were disposed to take up the Quarrel, and make them Friends, and who they were?  Cawthorne. 
My L. Mohun and my L. Warwick said they would send for a File of Musqueteers, and my Lord Mohun did all he could to quiet and pacify them till the Quarrel was over, and my Lord Mohun particularly had his Finger pricked with endeavouring to Cross their Swords, and keeping them from Fight, which was all he got by it.  L. H. St. 
Do you know that of your own Knowledge?  Cawthorne. 
His Hand was bloody, and he said so at the Bar; but I was just coming in again when I heard him say so, but I cannot say that I saw him hurt, for I was without the House at the time when that was done.  L. Godolphin. 
My Lords, I desire to ask this Witness one Question; I observe he has told my Lords there was not an angry Word passed between them before they came down to the Bar, I would fain ask him this Question, Whether he was in the room all the time till they did come down to the Bar.  Cawthorne. 
I received the Reckoning just before they came down to the Bar.  L. Godolphin. 
And I desire he may be asked, How long he stalled in the Room when he received the Reckoning.  Cawthorne. 
It was about two or three Minutes that I stayed in the Room, and not longer.  E. of Warw. 
My Lord this Witness that has been Examined, told you, That when we first came down to the Bar there were two Chairs called for; and when they came, Mr. Coote and the other Gentleman, Mr. French, went into the Chairs, and afterwards they came out again, and Mr. Coote said some Words; I desire the Witness may be asked again, when it was Mr. Coote spoke those words, whether it was before or after the time that he came out of the Chair, for I take it to be very material.  Cawthorne. 
It was after Mr. Coote came out of the Chair, for the Chairmen heard the Words, as I verily believe.  Mr. Att. Gen. 
My Lord, I desire he may be asked, Was there any reply made to those words by any of those Persons he says he apprehends were on the other side?  Cawthorne. 
No, not one Word that I know of.  E. of Warw. 
My Lord, I must beg the Favour to have the Question asked again of him, Whether I did not at that time endeavour to prevent any Quarrelling, and did not say I would call for the Guard if they did?  Cawthorne. 
Yes; My Lord of Warwick did say so, and so did my Lord Mohun; and so I think did Mr. James.  L. H. St. 
How came you not to say so when you were asked that Question particularly before? Then you said my Lord Mohun endeavoured to prevent the Quarrelling, and make them Friends.  Cawthorne. 
Yes, my Lord Warwick did so, and so did Mr. James.  L. H. St. 
I cannot tell whether any body else desires to ask him any Questions.  Mr. Att. Gen. 
My Lord, he speaks of what this Noble Lord my Lord of Warwark said; but he does not tell you the particular Expressions, nor the time when my Lord said them.  L. H. St. 
You say my Lord, the Prisoner at the Bar, endeavoured to pacify the Quarrel between them; but you do not tell my Lords who the Quarrel was between, nor when the Endeavour was made by my Lord Warwick to pacify it.  Cawthorne. 
My Lord of Warwick did say he would have the Guards sent for.  L. H. St. 
What time was that, before or after my Lord Mohun said so?  Cawthorne. 
Truly my Lord, I do not know but that it was at the same time.  L. H. St. 
Was it when the Swords were drawn, or before?  Cawthorne. 
They spoke it both before and after the Swords were drawn, as I remember, for the Swords were not drawn while I was in the House, till I came back.  L. H. St. 
Were the Swords drawn when my Lord Warwick spoke of sending for the Guards?  Cawthorne. 
Surely my Lord it was before the Swords were drawn, when I was sent for the Chairs.  L. H. St. 
You said there was no angry Words or Quarrel between them.  Cawthorne. 
Not above Stairs, my Lord; but I apprehended when they came down to the Bar there were three on one side, and ●●ee on the other.  Mr. Att. Gen. 
Pray my Lord, ●et 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, was before the Swords were drawn.  L. H. St. 
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.  E. 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 did say to Captain James and Captain French they did not care a Farthing for them, they would Fight them at any time.  L. H. St. 
Who were together then?  Cawthorne. 
Captain James, Mr. French, and Mr. Dockwra, after my Lord Mohun and my Lord Warwick were gone with Captain Coote.  L. H. St. 
Then Mr. French was with them, when Mr. Dockwra said so?  Cawthorne. 
Yes, my Lord.  L. Wharton. 
If I apprehend him aright as to what he says now, my Lord of Warwick, my Lord Mohun, and Captain 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.  L. Wharton. 
Who does he say spoke those words?  L. H. St. 
You hear my Noble Lord's Question, Who spoke those words? Repeat them again.  Cawthorne. 
When my Lord Warwick, my Lord Mohun, and Captain 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.  Mr. Att. Gen. 
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.  Mr. Att. Gen. 
How soon after your Examination did you recollect yourself as to what you now speak?  Cawthorne. 
The next Day after.  Mr. Att. Gen. 
I pray my Lords that he may be asked, Whether he did in general give the same Evidence before the Coroner that he does now?  Cawthorne. 
Yes, as to all but only those words as to Mr. Dockwra's declaring that he did not care a Farthing for them, they would Fight them at any time.  Mr. Att. Gen. 
My Lord, I beg he may be asked how long it was after the Fact was done, that he was Examined before the Coroner.  Cawthorne. 
It was the next Day in the Afternoon.  Mr. Att. Gen. 
Then I have this Question further to ask, if your Lordships please, Was he at the Trial of Mr. Dockwra, Mr. James, and Mr. French?  Cawthorne. 
Yes, I was.  M. Att. Gen. 
Did he then give any Evidence of those words of Mr. Dockwra's, after when my Lord Warwick, my Lord Mohun, and Captain Coote were gone?  Cawthorne. 
No, I did not.  Mr. Att. Gen. 
My Lo●d, I have one Question to ask him then more, How he came not to swear this Matter at that Trial.  Cawthorne. 
It was out of my Mind at that time, and I had like to have forgot it now.  Mr. Att. Gen. 
My Lord, we have done with this Witness: Is it your Lordship's pleasure that we go on to call our other Witnesses?  Lords. 
Ay, Ay.  Mr. Att. Gen. 
Then our next Witnesses, my Lords, will be the Chairmen that Carried my Lord Mohun, my Lord of Warwick, and Captain Coote: We shall begin with Thomas Browne and John Gibson, one of them carried Mr. Coote, the other my Lord of Warwick.  Thomas Brown was Sworn. L. H. Stew. 
What Question do you ask this Witness, Mr. Attorney.  Mr. Att. Gen. 
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?  L. H. Stew. 
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 Fellow and our Chair, at the Buffer's Head Tavern at Charing-Cross, and I heard some People at Lockets 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 than 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 Captain Coote, and my Lord of Warwick he got into another; when the Door of the Chair was shut up, we asked them 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, Whether are you a going, and called out twice, and he said, To Leicester-Fields; Pray do not, says my L. 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 Gross-Keys Tavern, and there all the three Chairs were set on abreast in St. Martin's-Lane, and while they were talking together there came by three Chairs of the other side of the way, and Mr. Coote bid us take up and make all the haste we could 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 L. Mohun and my L. 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 abreast 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 Lantern 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 Ch●●, 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 Lantern there were two Gentlemen holding up Mr. Coote under their Arms, and crying out, My Dear Coote, my Dear Coote▪  Mr. Att. Gen. 
Pray who were those two Gentlemen?  Browne. 
I did not know them, one was in Red , 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 a Hundred Pound security; but we finding it impossible the Watch was called for; but no body would come near, for they said it was out of their Ward, and so they would not come anigh me; and I stayed 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.  Mr. Att. Gen. 
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 .  Mr. Att. Gen. 
Did you see the Earl of Warwick there.  Browne. 
No, Sir, he was not there, one of them I tell you had Officers  on, Red lined with Blue, and the other had Gold Lace on; there was no body there that held him up but them two.  M. of Norm. 
He says he see two Persons holding up Mr. Coote; it would be very well to have that Matter very well fettled 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.  D. 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.  D. of Leeds. 
How could you distinguish in so dark a night the Colours of People's ?  Browne. 
With the Candle that I had lighted in my Lantern.  D. of Leeds. 
He could not know any of the Persons unless he held a Lantern to their Faces, or known them very well before.  L. H. St. 
My Lord Warwick, will your Lordship ask this Witness any Questions?  E. of Warwick. 
My Lord; I desire he may be asked, Whether I did not bid him stop at St. Martins-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, Wither 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's speak a Word with you, and as the Chairs came to the Backdoor of the Cross-Keys Tavern, there they stood all of abreast, and they both of them spoke to him, and stood a pretty while there, and in the mean time 3 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.  L. H. St. 
Would your Lordship ask him any more Questions?  E. of Warrwick. 
No, my Lord.  Mr. At. Gen. 
My Lord, I observe, he says they Discoursed some time together while they stopped in St. Martins-Lane, I desire that he may be asked, whether he can toll 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.  Mr. At. Gen. 
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 any thing I know to the contrary, as ever they were in their Lives, or as ever I see any Men.  L. Jeffereys. 
He says there were Two went into Chairs at the Door of the House, and afterwards went out again, and went into the House, and there was Discourse at the Bar of the House, I would desire to know what that was?  Browne. 
I did not hear the Discourse that was in the House, I was at the Door of the House.  Mr. At. Gen. 
Our next Witness is William Crippes.  Who was Sworn. L. H. St. 
What do you ask this Man, Mr. Attorney?  Mr. At. Gen. 
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. 
Capt. 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. Martins-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 Capt. 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. Martins-Lane, there passed by other 3 Chairs, which when Capt. 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 Capt. 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.  Mr. At. Gen. 
My Lord, I desire to know, who they were that desired him to be carried to the Surgeon?  L. H. St. 
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 100 l 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 Chirurgeon, who when he came said, he was a Dead Man, and we were secured till the next day.  Mr. At. Gen. 
Pray, my Lord, I desire he may be asked, Were there not other Chairs in that place at that time?  Crippes. 
There was one in the Field besides, and no more that I could see, they all went away but us Two.  Mr. At. Gen. 
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.  Mr. At. Gen. 
What became of the 3 Chairs that passed by you in St. Martins-Lane?  Crippes. 
They got before us, but what became of them afterwards I cannot tell.  Mr. At. Gen. 
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.  Mr. At. Gen. 
Do you know my Lord of Warwick?  Crippes. 
Yes, he had Whitish  on, and none but he had such  on as those were.  L. H. S. 
Will your Lordship ask this Witness any Questions?  E. 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?  Crippes. 
Yes, both he and my Lord Mohun would not have had Captain Coote gone any where, but home to his Lodgings.  Mr. At. Gen. 
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 in 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?  Mr. At. Gen. 
Now we shall Call the Chairman that carried the Earl of Warwick into Leicester-fields. James Crattle.  He was Sworn. Mr. At. Gen. 
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 20th of October last, and I heard a Chair called for at Lockets a● the Dog-Tavern, and thither I and my Partner went, and we took up the Gentleman, and carried him to Leicester-fields.  Mr. At. Gen. 
Who was that Gentleman?  Crattle. 
It was my Lord of Warwick.  Mr. At. Gen. 
What time of night do you say it was?  Crattle. 
It was about One or two in the morning.  Mr. At. Gen. 
What day of the Week was it?  Crattle. 
It was Saturday night and Sunday morning.  Mr. At. Gen. 
Whither did you carry him?  Crattle. 
Into Greenstreet, towards the lower end of Leicester Square.  Mr. At. Gen. 
What Chairs were there more there?  Crattle. 
There was one that Capt. Coote was in, and another that my Lord Mohun was in, and we w●nt away all together.  Mr. At. Gen. 
Were there no other Chairs?  Crattle. 
I did not know who went in the other Chairs, but there were 3 other Chairs that passed by us at St. Martins-Lane, and we followed after them to Leicester-fields.  Mr. At. Gen. 
Pray what became of you after you had set down your Fare?  Crattle. 
We were Discharged and Paid, the other 3 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 Bagnic in Longacre, 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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
Pray, Whence came that Chair?  Crattle. 
Indeed I do not know.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
Did you apprehend there was any Fight?  Crattle. 
No, I known nothing at all of it, but upon the calling of Chairs again, and my Lord Warwick coming along, we tock him in, and he bid us go to the Bagnio, and thither we went.  Mr. At. Gen. 
My Lord, we have done with this Witness.  L. H. St. 
My Lord Warwick, will you ask this Witness any Questions?  E. of Warwick. 
No, my Lord.  Mr. At. Gen. 
Then, my Lord, our next Witness is John Gibson, he was another of those Chairmen that carried my Lord of Warwick to the Bagnio afterwards. Pray, Will you give my Lords an Account what you know, who you carried the 29th and 30th of October last, and whither you carried them?  He was Sworn. Gibson. 
My Lord, I was at Charing-Cross with my Partner the 29th of October last, at night, and about One or two a Clock in the morning Chairs were called for to the Greyhound-Tavern in the Strand, and when we came there, my Lord of Warwick, my Lord Mohun, and Mr. Coote, got into the 3 first Chairs, and we got my Lord Warwick into our Chair, and when we had him there we were bid to go towards Leicester-fields, as I apprehended, for thither the Chairs that went first was to go, and indeed my Lord Mohun, and my Lord Warwick, did call to stop at the end of St. Martins-Lane, and asked Mr. Coote whither he was going? and he said he was going to make an end of the Business, and they said it should not be to night, but presently after 3 other Chairs coming along, and passing before us, the Chair that Capt. Coote was in was bid to go on, and we were ordered to follow, which was done accordingly; Just at the Turning of Greenstreet we set down our 3 Chairs, and having had 3 Shillings given us, we were bid to go about our business; and, I think, just about the Turning of Greenstreet end we stayed till there came another Chair again, and we and the other Chair upon my Lord Warwick's coming into us, went away from thence, and carried him to the Bagnio in Longacre.  Mr. At. Gen. 
You talk of another Chair, pray, Whose Chair was that?  Gibson. 
There was another Chair that was got there just before us, but indeed I do not know whose it was, nor indeed can I say who it was that was in it, but this I am sure we went to the same place, and we met and lit just at the same time, and my Lord of Warwick asked for a Handkerchief to bind about his Hand, which was bloody, which was given him.  Mr. At. Gen. 
Did you not know who was in the other Chair at that time?  Gibson. 
No, indeed, I did not know, I will assure you.  Mr. At. Gen. 
Pray, Did you not know where that other Chair took the other Gentleman up?  Gibson. 
No, indeed Sir, I do not.  Mr. At. Gen. 
Pray, What time of the Night was it?  Gibson. 
It was between One and two of the Clock in the Morning.  Mr. At. Gen. 
You talk of his Hand being hurt, and that he called for a Handkerchief, Did you see his Hand bleed? and, pray, in what nature was his Wound?  Gibson. 
My Lord, all I can say is, there was Blood, and he wanted a Handkerchief, and had one, for he said his Hand was hurt, but in truth I did not take any notice what that hurt was, I did not see it, if my Partner took notice of it, so, but else I can say nothing to it, but the Handkerchief was afterwards asked again, and could not be had.  L. H. St. 
Would my Lord of Warwick ask this Witness any Questions?  E. of Warwick. 
No, my Lord.  Mr. At. Gen. 
Then, my Lord, our next Witnesses are Robert, Applegate, and Peter Catro, who will give your Lordship an Account who they carried at this time.  L. H. St. 
Whom do you call first?  Mr. At. Gen. 
Robert Applegate.  Who was Sworn. L. H. St. 
What Questions do you ask him, Mr. Attorney?  Mr. At. Gen. 
I desire that he would acquaint your Lordship, what he knows of what passed at the Greyhound-Tavern in the Strand the 29th of October last, whom he carried, and whither he carried them?  Applegate. 
My Lord, about One or two a Clock in the morning, a Sunday morning, the 29th or 30th of October last I was going home with my Partner and my Chair, and I heard them calling at the Greyhound Tavern in the Strand, Mr. Lockett's, for Coaches and Chairs, there was no Coach to be had that could be heard of, but coming up to the Door they said they wanted 6 Chairs, and when we were there at the Door, there came out first my Lord Warwick, Capt. Coote, and my Lord Mohun, Capt. Coote got into the first Chair, and what Directions he gave them I cannot tell; My Lord of Warwick got into the next, and into ours, which was the third, my Lord Mohun came in, and bid us take him up and carry him towards Westminster, and he ordered us to follow the Chairs before; Just as they turned at St. Martins-Lane, my Lord Mohun called out, and desired to stop, and at the Cross-Keys Tavern Back Door a● the 3 Chairs came up together, and then my Lord of Warwick, and Capt. Coote, and my Lord Mohun talked together, and I could hear my Lord Mohun and my Lord of Warwick desire Capt. Coote to defer it, and put it by till another day; what it was, indeed I cannot tell: but while they were talking there, Three Chairs more came up on the other side of the way, and Capt. Coote would needs go forward, and my Lord Mohun and my Lord of Warwick went with him, and so they were all set down at the lower end of Leicester-fields at Green-street end. But in truth I did not see where the other Three Chairs set down those they carried.  Mr. At. Gen. 
What then happened afterwards, Can you tell?  Appleby. 
I cannot tell whether I had Lighted my Pipe, or just Lighting it, when I heard Chairs called again, upon which we run up with our Chair 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 Capt. French, who bid us open our Chair, 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 went to Lang-Acre, and when we came to the Door of the Bagnio, and Capt. 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.  Mr. At. Gen. 
Pray who called for the Chair first, Capt. French, or my Lord of Warwick in the Fields.  Applegate. 
I cannot tell, but when I brought up my Chair, I first see 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.  Mr. At. Gen. 
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 Capt. French, or did not come the same way.  Mr. At. Gen. 
Pray do you remember any thing that happened just at their carrying Capt. French away?  Applegate. 
Before he went into the Chair he stopped, and would have pulled off his , but we would not let him.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
Pray, Friend, recollect yourself, if you heard him say any thing at all when he first went into the Chair at the Greybound Tavern.?  Applegate. 
I did not hear him mention any thing at all,  Mr. At. Gen. 
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 Martins-Lane with Capt. Coote to go home, that if they did go he would go and see it.  Mr. At. Gen. 
If They did go, who did he mean by They?  Applegate. 
My Lord Warwick and Capt. Coote that were in the other Chairs, there was no body else to speak to.  Mr. At. Gen. 
Was there any talk of Fight or Quarrelling?  Applegate. 
No indeed, I do not know of any difference there was between them.  L. H. St. 
My Lord Warwick, Will your Lordship ask this Witness any Questions?  E. of War. 
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 hearty of Capt. Coote to go home, and le●t the business alone till another time; and indeed I think I never heard a Man beg more hearty 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.  L. H. St. 
Will your Lordship ask him any other Questions?  E. of War. 
No my Lord.  L. H. St. 
Did my Lord Warwick express any Inclination to go on.  Applegate. 
Indeed I know not any thing one way nor other.  L. Jeffereys. 
My Lords, If I am not mistaken he did say, that he did not see any thing of Inclination in my Lord of Warwick to go on; but I desire if your Lordships please that he may be asked this Question, Whether he did see any thing in my Lord of Warwick that shown any Inclination to the contrary.  Applegate. 
All that I can say is, I heard my Lord Mohun say, Pray let's go home and lie all together, and let us put off this business to another time; but indeed I do not remember that my Lord of Warwick said one word of going any way backward or forward.  Mr. At. Gen. 
Pray, who did my Lord Mohun speak these words to?  Applegate. 
My Lord Mohun spoke them to my Lord of Warwick and Capt. Coote both.  L. H. St. 
Mr. Attorney, Who is your next Witness?  Mr. At. Gen. 
Peter Catro.  Who was Sworn. L. H. St. 
What do you ask him, Sir?  Mr. At. Gen. 
He was the other Chairman that carried my Lord Mohun, Pray will you give my Lords an account what you know passed at the time when you carried my Lord Mohun to Leicester-fields?  Catro. 
I and my Fellow carried my Lord Mohun from the Greyhound Tavern in the Strand, till we came to the turning up of St. Martins-Lane, where my Lord Mohun desired that our Three Chairs might stop, and that they might go down to Westminster, and that my Lord Warwick and Capt. Coote would go thither, and he would wait upon them to their Lodging; Capt. Coote made Answer again something, but what I cannot tell, and his Chair went on, and my Lord Mohun did say, if they went forward he would follow them, and see what would come of it.  Mr. At. Gen. 
What did you see happen while you were in St. Martin's Lane?  Catro. 
There were other Three Chairs that went by while we stood at the Cross-Keys Tavern Door, and Capt. Cootes Chair going forward, we followed and went to the end of Leicester-fields at Green-street end, and there all Three went out of their Chairs and walked up the paved Stones of the Square; my Lord of Warwick asked my Lord Mohun if he had any Silver, and Three Shillings were given for the Three Chairs, and they went from us, and bid us go about our business, and in a little while after we heard a noise from the upper end of the Fields calling Chairs again.  Mr. At. Gen. 
Did you observe any thing of Quarrel or Difference between them, or any clashing of Swords.  Catro. 
Indeed I heard nothing of any Quarrel, for we were at the lower ●nd of the Square, at Green-street end, and when we heard them call for Chairs again; we went up towards the upper end of the Fields, and when we came there we heard one bid us bring up the Chair over the Rails.  Mr. At. Gen. 
Who was that?  Catro. 
Indeed my Lord I cannot tell, for I was behind the Chair, and could not see who it was, but we saying that we could not get it over again if we did; we went up to the upper end of the Fields, and there was Capt. French, I think it was, for I did not perfectly see him, being at the hind-part of the Chair, and we went on to the Bagnio in Long-Acre: and I did see my Lord Warwick come out of his Chair at the Bagnio Door, for there they were set down,  Mr. At. Gen. 
You say you saw my Lord of Warwick at the Bagnio Door; Did you see any Sword as my Lord of Warwick had, or Capt. French?  Catro. 
No, I did not see any Sword at all of either of them.  Mr. At. Gen. 
What do you know of Capt. French his declaring he was wounded.  Catro. 
I think it was either when he went into the Chair, or in Newport-street end he called out to have the Chair opened, for says he I think I am a dead Man, and would have pulled off his ; and when we were at the Bagnio Door we tarried a pretty while till they got them up to let them in, and ask if we should wait, my Lord of Warwick bid us come to that House to Morrow Morning for our Money, and they went in together into the House, but I never heard any one word of Quarrel or Dissatisfaction passed between them.  Mr. At. Gen. 
This Witness speaks to the same purpose as the other did, and I think we need not trouble your Lordship any further as to that.  L. H. St. 
Would my Lord Warwick ask him any Questions?  E. of War. 
No, my Lord.  Mr. At. Gen. 
Then our next Witness is one John Palmer.  Who was Sworn. Mr. At. Gen. 
Pray will you give my Lords an Account who it was you did carry in your Chair the 29th, or 30th. of October last, and whither you carried him?  Palmer. 
About one a Clock in the Morning, the 30th of October, we were called to the Greyhound Tavern in the Strand to Mr. Lockett's, and there we took up a Gentleman, one Captain French.  Mr. At. Gen. 
Whither did you carry him?  Palmer. 
He bid us go to Leicester-fields.  Mr. At. Gen. 
What did he particularly say to you?  Palmer. 
There were three other Chairs that were just gone before from the same Door, and he bid us get before all those Chairs, and just as we came to St. Martins-lane end, we saw there were three other Chairs set down before us over-against the Cross-Keys Tavern Backdoor.  Mr. At. Gen. 
Well, what did you do then?  Palmer. 
So we went before according as we were bid unto Leicester-fields, and at the upper-end of the Fields by Leioester-house we opened the Door, and Captain French came out, and he gave us a Shilling, and we went away about our Business.  Mr. At. Gen. 
Were there any more Chairs there that went with you?  Palmer. 
There were two more Chairs that set down two other Gentlemen by Leicester-house, and we came away when we were paid; that is all I know.  Mr. At. Gen. 
Did you see any other Chairs besides your three when you came down again, or any other Gentlemen?  Palmer. 
We did see some Gentlemen walking up about the middle of the Square when we came down, but we made what haste we could away home, it being late, and Sunday Morning.  Mr. At. Gen. 
Did you observe any Fight when you were in the Field?  Palmer. 
I did not hear or discern any Fight while I was there.  Mr. At. Gen. 
Did you hear of any Quarrel, or any thing between any of them and whom before?  Palmer. 
No, I did not know of any Quarrel, or hear of any thing at all I do assure you.  Mr. At. Gen. 
All that he says then, my Lord, is, That he carried Capt. French to the upper-end of Leicester-Fields, and there he left him.  L. H. St. 
Would my Lord Warwick ask this Witness any Questions?  E. of Warw. 
I desire he may be asked, Whether he knows who were in the Chairs that were in St. Martins-Lane when they passed by?  L. H. St. 
You hear the Question, What say you to it?  Palmer. 
There were three Chairs, but who they were that were in them I cannot tell directly but as they said when they set them down at Leicester-Fields they were my Lord Warwick, my Lord Mohun, and Mr. Coote.  Mr. At. Gen. 
Who was it that said so?  Palmer. 
Some of the other Chairmen when I came by.  L. H. St. 
Mr. Attorney, Who is your next Witness?  Mr. At. Gen. 
We shall call next the Chairmen that carried Mr. Dockwra and Mr. James: Call Jackson the Chairman.  Who was sworn. Mr. At. Gen. 
This Man carried Captain James: Pray acquaint my Lords, Who you did take up at Locketts in the Strand on the 29th or 30th of October last, and whither you carried him?  Jackson. 
I carried Captain James from Locketts in the Strand into Leicester-fields.  Mr. At. Gen. 
How many Chairs were you that went?  Jackson. 
There were two more that went when I went, there were six in all that took up Gentlemen there, and we were the last but one.  Mr. At. Gen. 
Can you tell who were in the other three first Chairs?  Jackson. 
I do not know who were in the other Chairs, but I heard my Lord Mohun at the Door of the House desire, That the Business might be deferred till to morrow Morning: There were six Gentlemen at the Door, but truly who they all were I cannot tell.  Mr. At. Gen. 
Who did my Lord Mohun speak that to?  Jackson. 
Indeed I do not know who he spoke it to.  Mr. At. Gen. 
What Answer was made to my Lord Mohun?  Jackson. 
Truly there was no Answer that I heard, but we all went away soon after that, and we were bid to go to Leicester-fields to follow the other Chairs, and when we came to the other end of Leicester-fields, we set down Captain James by the Standard Tavern, and he gave us a Shilling and bid us go our ways; so we went our way, and I heard nothing afterwards but came away down the Fields, and there were three Chairs that stood at the bottom of the Fields, and we asked them, What they stayed there for? And they said, To fill a Pipe of Tobacco: And presently after we heard Call Chairs again; but it was late, and it was Sunday Morning, and my Partner said, Let us go away home and we did so, we went directly home.  Mr. At. Gen. 
Did you carry no body back?  Jackson. 
No, we carried no body back.  Mr. At. Gen. 
My Lord, we have done with this Witness, our next Witness is one Richard Edward's, and he was one of the Chairmen that carried Mr. Dockwra.  He was sworn. Mr. At. Gen. 
Pray will you acquaint my Lords, Whether you carried any body from Lockett's the 29th of October, and who it was, and whither you ●arried him?  Edward's. 
I do not know who I carried, but they were calling Coaches at 〈◊〉 Greyhound Tavern in the Strand, and no Coaches coming, they called for Chairs and so our Chair was brought up.  Mr. At. Gen. 
When you came there, who did you see there?  Edward's. 
Indeed I did not know my Lord of Warwick, nor my Lord Mohun, nor any of them.  Mr. At. Gen. 
Well, what do you know? Tell my Lords what happened.  Edward's. 
When we were there, there went Two into two Chairs, and my Lord Morun said, or another Gentleman, I cannot tell which, that the Chairs should not go away, that they would kill any Man that should go away, and they went out of the Chairs, and went into the House again.  Mr. At. Gen. 
And what happened after they went into the House again?  Edward's. 
After they went out of the Chairs into the House again, as I was told, my Lord of Warwick, my Lord Mohun, and Mr. Coote, went into Three Chairs, and went away from the Door, and there were three Chairs of us that went last.  Mr. At. Gen. 
Whither did you go with your Chair?  Edward's. 
We went to the Standard Tavern at the end of Leicester Fields, and when we came to the Tavern Door, we asked him if we should knock at the Door, he said no, but he gave us a Shilling and bid us go about our business, and so we did, for we went sheer away to Charing-Cross.  Mr. At. Gen. 
Pray can you tell who were in the other Chairs?  Edward's. 
Truly I cannot tell any Man that was in our three Chairs, for I was the hind-Chairman, and did not know any of them.  Mr. At. Gen. 
My Lord, I desire to know what he means by hin'd-Chairman.  Edward's. 
My Lord, Ours was the last Chair that went to Leicester Fields, and I was behind the Chair, and never could see any of them, it being so very dark after they took the Chairs, till we came to Charing-Cross, at St. Martins-Lane, and then I could not see who the particular Persons were that were in the Chairs; nor indeed, whose the Chairs were that carried them.  Mr. At. Gen. 
What Hour was it?  Edward's 
It was very late, between One and Two in the Morning; it was passed One before we were called out.  Mr. At. Gen. 
You say you went to the upper end of Leicester-fields, with Two other Chairs; Pray did you see any other Chairs afterwards, and where?  Edward's. 
We saw three Chairs at the lower end of the Square, as we came down by Green-street end, and we asked them, What they stayed there for, and they said, to light a Pipe of Tobacco.  M. At. Gen. 
Pray, Who had been carried in those Chairs, Can you tell?  Edward's. 
I did not see them set down any Body, and I cannot tell who they carried; and as for the Person that we carried, I did not so much as see him to know him, nor know who he was, but we went away as soon as ever we were paid.  Mr. At. Gen. 
I have one Question more to ask you; You say, That my Lord of Warwick at the Tavern Door bid you stay, and that none should go away, and Swore he would run any Man through that should go away.  Edward's. 
It was my Lord Mohun; and then Two that had gone into the Chairs went into the House again.  Mr. At. Gen. 
Did not you say, that there was some talk of going to Westminster?  Edward's. 
My Lord Mohun did talk of going to Westminster when they went into the Chairs the Second time, and I think I heard Mr. Coote say he would make an end of it then; and he would kill any Man that would not go forwards to Leicester-Fields.  L. H. St. 
My Lord Warwick, will you ask this Witness any Questions?  E. of Warw. 
No, my Lord.  L. H. St. 
Mr. Attorney, have you any more Evidence to call?  Mr. At. Gen. 
My Lord, the next piece of Evidence that we shall apply ourselves to, will be to what happened at the Bagnio in Long-Acre, after my Lord Warwick and Captain French came there: And the Witness that we shall call is Pomfret, and he is a Servant at the Bagnio in Long-Acre, and he will acquaint your Lordships who came thither the 30th of October last, and what happened there.  L. H. St. 
What is his Name?  Mr. At. Gen. 
Henry Pomfret.  L. H. St. 
Is he Sworn?  Mr. At. Gen. 
Yes, my Lord.  L. H. St. 
What is it that you Examine him about? What Questions do you ask him Mr. Attorney?  Mr. At. Gen. 
Who name to his Master's House; and at what time they came.  Pomfret. 
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 War●ick, and knocked at the Door, and there was Captain 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 Captain French was very much wounded, which accordingly was done in about a quarter of an Hour after they were brought in.  Mr. Att. Gen. 
Did he desire to be Concealed when he was come in?  L. H. St. 
Of whom do you speak, Mr. Anorney.  Mr. Att. Gen. 
My Lord of Warwick.  Pomfret. 
He did desire, that if any Body asked for him, it should be said he was not there.  Mr. Att. Gen. 
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.  Mr. Att. Gen. 
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.  Mr. Att. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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. Cootes, 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 direly say but that was afterwards.  Mr. At. Gen. 
Who brought in that Sword that you say was Mr. Cootes?  Pomfret. 
To the best of my Remembrance Captain Dockwra brought it in, it was almost half an Hour after my Lord Warwick and Captain French came into the House, when they came thither.  Mr. At. Gen. 
They, Who do you mean?  Pomfret. 
Captain James and he.  Mr. At. Gen. 
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.  Mr. At. Gen. 
Pray, which of all the Four brought in any Sword in a Scabbard?  Pomfret. 
It was Captain Dockwra.  Mr. At. Gen. 
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.  Mr. At. Gen. 
Pray, do you remember my Lord of Warwick's Sword, and what there was upon it?  Pomfret. 
It was a Steel Sword Water-Guilt, and as near as I can remember there was Blood upon it for the most part from the Point upward.  Mr. At. Gen. 
And what did appear upon Mr. French's Sword?  Pomfret. 
There was Water and Dirt, but there was no Blood at all.  Mr. At. Gen. 
How long did they stay there?  Pomfret. 
They all continued about half an Hour, and then went away, all but Mr. French, who stayed there.  Mr. At. Gen. 
What then became of the others?  Pomfret. 
Mr. James, and 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.  Mr. At. Gen. 
Was there any Discourse at that time about Mr. Coote?  Pomfret. 
Not that I heard of, one Word.  Mr. Att. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
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.  Mr. At. Gen. 
Pray will you recollect you self, 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.  Mr. At. Gen. 
Pray, can you tell whether the Shell was open or close?  Pomfret. 
I cannot tell justly; I saw it, and that was all.  Mr. At. Gen. 
If I apprehend you, you say my Lord had a Wound in his Hand.  Pomfret. 
Yes, my Lord, he had so.  Mr. At. Gen. 
Pray, in what Hand was it that he was wounded?  Pomfret. 
To the best of my remembrance it was in his Right Hand.  Mr. At. Gen. 
Pray did there appear much blood there?  Pomfret. 
Yes, my Lord, indeed there did.  Mr. Serj. Wright. 
You talk of Mr. James and Mr. Dockwra's Swords, pray in what Condition were they?  Pomfret. 
Mr. Dockwra's Sword by his side, and not drawn.  Mr. Serj. Wright. 
What did you observe of Captain James' 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.  Mr. At. Gen. 
Was there any Blood upon his Sword?  Pomfret. 
No, there was no Blood that I did see upon it.  Mr. At. Gen. 
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.  D. of Leeds. 
My Lords, There has been notice here taken of several Swords that this Witness saw, and he takes so far notice of my Lord of Warwick's Sword, that he tells you what sort of Hilt it had, and how it was bloody from the Point to the Hilt; I desire he would give you an account of the Length and Breadth of the other Men's Swords, Mr. French, Mr. James, and Mr. Dockwra.  L. H. St. 
You said just now, that you took notice of my Lord of Warwick's Sword, that it was bloody from the Point to the Hilt, what sort of Sword was it?  Pomfret. 
It was a pretty broad Sword.  L. H. St. 
Did you take notice of the other Swords, what Breadth or Length they were of?  Pomfret. 
No, my Lord, I did not.  Mr. At. Gen. 
Which was that Sword that was Dirty as you say?  Pomfret. 
That was Captain French's.  Mr. At. Gen. 
Was that a broad Sword or not?  Pomfret. 
No, it was not.  Mr. At. Gen. 
Pray was it over Night or next Morning that you saw the Swords?  Pomfret. 
It was in the Morning about Three a Clock.  Mr. At. Gen. 
What time did my Lord of Warwick, and Mr. James, and Mr. Dockwra go away?  Pomfret. 
My Lord of Warwick and they were gone several hours before Mr. French; and to the best of my Remembrance Mr. James broke his Sword upon the Floor after he came in.  Mr. At. Gen. 
Pray, what Swords were there in all that you saw there?  Pomfret. 
There was Captain French's, Captain James', my Lord of Warwick's, and one Mr. Cootes, as Mr. French said when it was brought in.  L. H. St. 
Have you done with this Witness, Mr. Attorney?  Mr. At. Gen. 
Yes, my Lord, we have.  L. H. St. 
My Lord Warwick, Will you ask him any Questions?  E. of Warwick. 
No, my Lord.  L. H. St. 
Then, Mr. Attorney, call your next Witness.  Mr. At. Gen. 
Our next Witness is Thomas Goodall, who is a Servant at the Bagnio in Longacre, as well as this Man that was last.  He was Sworn. L. H. St. 
What Questions do you ask him, Mr. Attorney?  Mr. At. Gen. 
My Lord, I desire he would acquaint your Lordships, What time it was my Lord of Warwick, and Capt. French, came to his Master's House?  Goodall. 
It was between One and two of the Clock in the morning.  Mr. At. Gen. 
My Lord, I desire he would acquaint your Lordships what he saw and knows, that passed at that time?  Goodall. 
All that I can say is, That I did see my Lord Warwick's Sword bloody, and it was naked in his Hand, and I did see a Wound on his Hand; Indeed I did not see him when he first came in, for he had been there a pretty while before I see him.  Mr. At. Gen. 
Pray, in what Condition was my Lord when you see him?  Goodall. 
He had his Sword in one Hand, and it was bloody at the Blade, and at the Hilt, but whether it was bloody all over indeed I did not take notice of it, and so cannot give an account.  Mr. At. Gen. 
Pray, What sort of Sword was it?  Goodall. 
Indeed I cannot give an account what sort of Sword it was, but it was either Steel or Silver Gilt, as I remember, but I did take notice that there was Blood upon the Hilt, that is, upon the Shell.  Mr. At. Gen. 
Was it an open Shell, or a close one?  Goodall. 
I think it was a Close one.  Mr. At. Gen. 
Pray, Did my Lord of Warwick give any Order to be denied in the House, or for any Concealment there?  Goodall. 
Indeed I did not hear of any Orders given for Concealing of any body there, but my Lord walked up and down very much Concerned.  Mr. At. Gen. 
Did not Mr. French come in with him?  Goodall. 
I do believe he might, but I cannot say I saw him when he came in.  Mr. At. Gen. 
Can you tell when Mr. James and Mr. Dockwra came in, how long was that after my Lord of Warwick was there, and Mr. French?  Goodall. 
To the best of my remembrance and knowledge, it was half an hour after my Lord of Warwick and Mr. French came, that Mr. James and Mr. Dockwra came, I am sure it was so before I saw them in the House, but indeed I cann●t say directly when they came in, or when they went out.  Mr. At. Gen. 
Pray, Which Hand of my Lord of Warwick was it that was hurt, the Right or the Left?  Goodall. 
Indeed I cannot positively say, but I think it was the Right Hand.  Mr. At. Gen. 
You talk of my Lord of Warwick's Sword, Did you take any notice of Mr. French's Sword?  Goodall. 
No, indeed, I was busy about the Affairs of the House, I did see my Lord of Warwick's Sword, but that was by chance, and it was bloody at the Hilt, and upon the Blade, but whether it were all over bloody, indeed I cannot tell.  Mr. At. Gen. 
I desire to ask him; Whether he can tell who brought in Mr. Cootes Sword thither?  Goodall. 
Indeed I cannot.  L. H. St. 
Mr. Attorney General, have you any more Questions to ask him?  Mr. At. Gen. 
No, my Lord, not I  L. H. St. 
My Lord Warwick, Will you ask him any Questions?  E. of Warwick. 
No, my Lord.  L. H. St. 
Mr. Attorney, Who is your next Witness?  Mr. At. Gen. 
My Lord, our next Witness is Mrs. A. Goodall, this Man's Wife.  Who was Sworn. L. H. St. 
What Questions do you ask this Gentlewoman?  Mr. At. Gen. 
I desire that she would acquaint your Lordships, Whether she was at the Bagnio in Longacre when my Lord of Warwick and Capt. French came in?  A. Goodall. 
I was there when my Lord of Warwick came in.  Mr. At. Gen. 
Was Capt. French with him?  A. Goodall. 
Yes, Capt. French was with him.  Mr. At. Gen. 
About what a Clock was it that they came there?  A. Goodall. 
It was about Two a Clock as near as I can remember.  Mr. At. Gen. 
In what Condition were they when they came in, pray?  A. Goodall. 
Mr. French was very much wounded.  Mr. At. Gen. 
Pray, How was my Lord of Warwick?  A. Goodall. 
My Lord had his Sword in his Hand, and it was very bloody, both at the Hilt, and upon the Blade.  Mr. At. Gen. 
Did you observe any Wound that my Lord had?  A. Goodall. 
I think, to the best of my remembrance, my Lord had his Hand wrapped up in a Handkerchief, which was bloody, but I was busy up and down in the House, and I cannot so well tell what Hand it was, I was indeed up and down there while they were there.  Mr. At. Gen. 
Do you know of any Orders that were given by my Lord of Warwick to be Concealed while he was there?  A. Goodall. 
He did desire the Door might not be opened to any body that asked for him, and that it might not be said that he was there; and when the other Two Gentlemen came to the Door, he went to the Door himself, and when he saw who they were, he ordered them to be let in.  Mr. At. Gen. 
What was the Occasion of his going to the Door himself?  A. Goodall. 
There was a Knocking at the Door, and he had a mind to know who it was, and when it did appear it was Mr. J●mes and Mr. Dockwra, he himself ordered them to be let in.  Mr. At. Gen. 
How came the Door to be open to them?  A. Goodall. 
Indeed I think he opened it himself.  Mr. At. Gen. 
How long was that after he and Capt. French came in?  A. Goodall. 
It was about half an hour.  Mr. At. Gen. 
When they first came in, What posture were they in, had they any Swords in their Hands?  A. Goodall. 
I did not positively take notice, whether they had any Swords in their Hands, nor what they had when they came in.  Mr. At. Gen. 
What became of them afterwards?  A. Goodall. 
My Lord Warwick, Mr. James, and Mr. Dockwra, went away within a little while, and my Lord of Warwick ordered particular Care to be taken of Mr. French, as his Friend, and he was put to Bed after his Wounds were Dressed; but I cannot tell what afterwards became of my Lord Warwick, and the other Gentlemen.  Mr. At. Gen. 
I think you were saying, that my Lord of Warwick was wounded in the Hand, Which Hand was it?  A. Goodall. 
I cannot positively say whether it was the Right or the Left.  L. H. St. 
Will you who are of the King's Council ask this Witness any further Questions?  Mr. At. Gen. 
No, my Lord, we shall ask her no other Questions.  E. of Warwick. 
No, my Lord, nor I.  Mr. At. Gen. 
Then our next Witness is Henry Amy, who is a Surgeon, and lives at the Bagnio in Longacre, and he will give your Lordship an Account what passed within his Knowledge at this time within his House, and who came thither Wounded, and what particular Care was ordered to be taken of Mr. French, and by whom.  Mr. Amy was Sworn. Mr. At. Gen. 
I desire you will give an Account to my Lords what happened at your House early in the morning the 30th of October last?  Amy. 
The 30th of October last, about Two of the Clock, I was knocked up out of my Bed to Attend two Gentlemen, my Lord Warwick and Capt. French, who came then into my House.  Mr. At. Gen. 
In what Condition were they?  Amy. 
They were both Wounded, Mr. French very much, and my Lord of Warwick in his Hand.  Mr. At. Gen. 
Did you see any Swords?  Amy. 
Yes, they had both Swords in their Hands, and my Lord of Warwick's Sword was very bloody.  Mr. At. Gen. 
Well, Sir, when they came into your House, What Directions was given by my Lord Warwick?  Amy. 
He gave Directions, if any body should ask for him, they should say he was not there.  Mr. At. Gen. 
Did any body come and ask for him?  Amy. 
While we were taking Care of Mr. French, and Dressing his Wound, there were some Persons came and knocked at the Door, and my Lord of Warwick did Order, that no body should be let in; but he himself went to the Door, and when he found that it was Mr. Dockwra and Mr. James, my Lord Warwick ordered, that they should be let in.  Mr. At. Gen. 
Pray, Tell my Lords what followed after that?  Amy. 
After we had Dressed Mr. French—  Mr. At. Gen. 
By the way, Was there any particular Directions, and by whom, to take Care of Mr. French?  Amy. 
Yes, my Lord Warwick desired me to take Care of him, as his Particular Friend.  Mr. At. Gen. 
Well then, after you had Dressed Mr. Frenche's Wound, what happened?  Amy. 
I Dressed my Lord Warwick's Wound.  Mr. At. Gen. 
Pray, Whereabouts was my Lord of Warwick's Wound?  Amy. 
It was near the first Joint of his Forefinger.  Mr. At. Gen. 
Pray, How long did they stay there?  Amy. 
After Mr. Dockwra and Mr. James came in, and my Lord's Hand was Dressed, they stayed a little while, and they Three went away?  Mr. At. Gen. 
What was said when they went away?  Amy. 
My Lord of Warwick desired to have great Care taken of Mr. French; and they said, Now let us go away, and they went away.  Mr. At. Gen. 
Pray, What time did they stay in your House?  Amy. 
When they went away, I think it was about half an hour after they first came in.  Mr. At. Gen. 
Did you take notice of no Sword but my Lord of Warwick's?  Amy. 
No, not then.  Mr. At. Gen. 
Did you afterwards?  Amy. 
Afterwards, in the morning, Mr. French called for his Sword, and I looked upon it.  Mr. At. Gen. 
Pray, in what Condition was his Sword, was it bloody?  Amy. 
It was without Blood, only a little Dirty.  Mr. At. Gen. 
Pray, Did you observe that they talked of any Quarrel that had been between Capt. French and my Lord, when they came in?  Amy. 
No.  Mr. At. Gen. 
Did you ask them any Questions about it, the one or the other of them?  Amy. 
No, I did not.  Mr. At. Gen. 
Did you hear them say how they came by their Wounds?  Amy. 
No, I did not.  Mr. At. Gen. 
Did you hear them talk of any body being killed, particularly Mr. Coote.  Amy. 
I did not know of any body being killed till next day.  Mr. At. Gen. 
Did you take any notice of James' and Dockwra's Swords?  Amy. 
Truly I took no notice of any Swords, but my Lord Warwick's; while my Lord Warwick was there in the House, but the next Morning Mr. French gave me his Sword, and there was another Sword there, which Mr. French told me was Capt. Cootes Sword.  Mr. At. Gen. 
When was that, How long after my Lord of Warwick, and James, and Dockwra were gone away.  Amy. 
It was some Hours after.  Mr. At. Gen. 
When did you hear of Mr. Cootes being killed?  Amy. 
About Nine a Clock next Morning I heard of Mr. Cootes being killed.  Mr. At. Gen. 
Whom did you hear it from?  Amy. 
From Pomfret my Servant.  Mr. At. Gen. 
Did you hear no Discourse between my Lord of Warwick, Capt. French, Mr. James, and Mr. Dockwra about it?  Amy. 
No. I did not.  Mr. At. Gen. 
Did they not talk ●ow those Wounds came they had, nor did not you ask who gave them?  Amy. 
No, I did ask no question of either of them; and in Half an Hour after they came in, my Lord of Warwick and the other Two Gentlemen went away.  Mr. At. Gen. 
When they left French there, What Orders were left about him?  Amy. 
Only to take care of him, my Lord of Warwick desired that.  Mr. At. Gen. 
What Reason did my Lord give for that?  Amy. 
I heard nothing of Reason, only that he was his particular Friend.  Mr. At. Gen. 
Did you hear them talk any thing whither they would go, when they went away.  Amy. 
I did hear some talk about going into the Country.  Mr. Att. Gen. 
Who was it that said that?  Amy. 
My Lord of Warwick, when they were going away said, Let us go into the Country.  Mr. Att. Gen. 
Do you know whither they went, when they went away from your House?  Amy. 
No, indeed I did not.  Mr. At. Gen. 
My Lord, we have done with him.  L. H. St. 
My Lord, Warwick, Will your Lordship ask this Withess any Questions?  E. of War. 
I desire to have him asked whether I was not wounded in the Hand.  Amy. 
His Hand was very bloody, the Handkerchief that was about it was wet with the Blood.  E. of War. 
I desire to ask him when it was that he saw Capt. French's Sword?  Amy. 
It was not before the Morning; it was about Nine a Clock as I remember.  M. of Norm. 
Before this Witness goes away, I desire he may be asked one Question, whether he can tell the size of Mr. French's Sword.  L. H. St. 
Here is a Noble Lord that desires to know if you can tell about Capt. French's Sword, what sort of Sword it was.  Amy. 
As to the Blade, it was a middle sized Sword.  M. of Norm. 
Was it a broad Blade or no?  Amy. 
No, my Lord, it was not a broad Blade.  L. H. St. 
Mr. Attorney, Who is your next Witness?  Mr. At. Gen. 
Capt. Loftus Duckingfield.  Who was Sworn. Mr. At. Gen. 
This Gentleman will acquaint your Lordships what Discourse passed between these Gentlemen the next Day; pray Sir, acquaint my Lords what you heard about Mr. Cootes Death, and when, and where.  Capt. Duckingfield. 
Early in the Morning I was told of this Accident.  Mr. At. Gen. 
By whom?  Capt. Duck. 
One of the Company, I cannot tell who, I think they were all together then, my Lord of Warwick, Capt. James, Capt. Dockwra, and no body else.  Mr. At. Gen. 
What was their Discourse?  Capt. Duck. 
They said they believed Capt. Coote was killed.  Mr. At. Gen. 
Did they tell you by whom?  Capt. Duck. 
By Mr. French, every body did say he was his Adversary.  Mr. At. Gen. 
What Account was given of the Action?  Capt. Duck. 
They said it was done in the dark, and Capt. French was his Adversary.  Mr. At. Gen. 
Was there any notice taken of any Duel?  Capt. Duck. 
Yes there were, 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.  Mr. At. Gen. 
Who were on the other side?  Capt. Duck. 
Mr. Dockwra and Mr. James.  Mr. At. Gen. 
Were there any Discourse who actually fought?  Capt. Duck. 
It was said, that Capt. French fought with Capt. Coote, as they believed, and Mr. James with my Lord of Warwick.  Mr. At. Gen. 
Did you see my Lord of Warwick's Sword?  Capt. Duck. 
Some time of the Day I did, but I cannot tell whether it was in the Morning, or no.  Mr. At. Gen. 
In what condition was it, Was it bloody, or not!  Capt. Duck. 
It was a Stock Sword.  Mr. At. Gen. 
How long did they stay with you?  Capt. Duck. 
About Half an Hour.  Mr. At. Gen. 
Did they come publicly?  Capt. Duck. 
We went away in a Hackney Coach together.  Mr. At. Gen. 
●ray what Discourse were there about consulting to go into the Country together?  Capt. Duck. 
That might be Discoursed but by whom I cannot tell.  Mr. At. Gen. 
Did my Lord of Warwick talk of going into the Country?  Capt. Duck. 
Whether the Company talked of it, or my Lord of Warwick in particular, and the rest assented to it, I cannot well tell.  Mr. At. Gen. 
Whither did they go?  Capt. Duck. 
I cannot directly tell.  Mr. At. Gen. 
What time of the Day was it?  Capt. Duck. 
It was about Six of the Clock.  Mr. At. Gen. 
Cannot you tell whither they went?  Capt. Duck. 
Capt. James and Capt. Dockwra went to the Sh●p and Cas●le in Cornhill about Five a Clock or Six, as near as I can remember.  Mr. At. Gen. 
Can you tell what time my Lord of Warwick, went away.?  Capt. Duck. 
No, I cannot tell what time he went away, not directly.  Mr. At. Gen. 
Can you tell of any Agreement amongst them, whither they were to go?  Capt. Duck. 
No, I cannot.  Mr. At. Gen. 
What Discourse or Concern did you observe passed between them concerning Capt. Coote?  Capt. Duck. 
My Lord of Warwick shown a great deal of Concern for his Friend Mr. Coote.  Mr. At. Gen. 
Had you any notice of Mr. Cootes Death amongst you?  Capt. Duck. 
We had notice before we went away, but I cannot tell whether it was before my Lord of Warwick was gone.  Mr. At. Gen. 
Was it after the Discourse of going into the Country, or before?  Capt. Duck. 
Indeed I cannot directly say when it was.  Mr. At. Gen. 
Pray what reason was there for their going into the Country before he was dead?  Capt. Duck. 
They believed he was dead.  Mr. At. Gen. 
Cannot you tell the reason why they would go into the Country?  Capt. Duck. 
No indeed, I cannot tell the reason.  Mr. At. Gen. 
Did you observe my Lord of Warwick's Sword? Was there any Blood upon it?  Capt. Duck. 
I cannot say his Sword was bloody at the point; the whole Blade and Shell was bloody, to the best of my remembrance.  Mr. At. Gen. 
What sort of Sword was it?  Capt. Duck. 
It was a pretty broad Blade, a hollow Blade, and a hollow open Shell.  Mr. At. Gen. 
Was there any Discourse concerning Capt. French?  Capt. Duck. 
Yes, they thought he was very ill wounded.  Mr. At. Gen. 
Was there any, and what Discourse who should give my Lord of Warwick his Wound?  Capt. Duck. 
It was said, they believed Capt. James gave my Lord his wound.  Mr. At. Gen. 
Pray was there any Blood upon Mr. James' Sword, or was he wounded?  Capt. Duck. 
I saw no wound upon Capt. James, that I know of.  L. H. St. 
Do you believe that my Lord Warwick's Sword was bloodied with the hurt of his own Hand, or any otherwise?  Capt. Duck. 
I cannot tell, it was a Cut Shell, and the outside bloody as well as the in.  L. H. St. 
My Lord Warwick, Will your Lordship ask this Witness any Questions?  E. of War, 
No, my Lord.  L. H. St. 
Mr. Attorney, if you have any other Witnesses, pray call them.  Another Witness was produced, that belonged to the Ship and Castle in Cornhill. Mr. At. Gen. 
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 passed 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.  Mr. At. Gen. 
Did you observe any desire to be private?  Witness. 
No indeed, I cannot tell that.  Mr. At. Gen. 
How long did they continue there?  Witness. 
About 6 a Clock my Lord of Warwick and Capt. James, and Capt. Dockwra, and Capt. Ducking field went away.  Mr. At. Gen. 
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 farther Discourse.  Mr. At. Gen. 
What became of the rest of the Company?  Witness. 
They went away; I do not know what became of them, nor whether they went; some of them went in and out of one Room into another several times, two or three times, and came out again.  Mr. At. Gen. 
My Lord, we have done with this Witness.  L. H. St. 
My Lord Warwick, will you ask him any Questions?  E. of Warw. 
No, my Lord.  L. H. St. 
Mr. Attorney, who is your next Witness?  Mr. At. Gen. 
Mr. Salmon the Chirurgeon, who by the Coroner's Order searched the Wound.  Who was Sworn. Mr. At. Gen. 
Pray, Sir, was you ordered by the Coroner to view the Body of Mr. Coote?  Salm. 
Yes, I was ordered by the Coroner to inspect the Body of Captain Coote, and to give the Jury an account of the nature of the Wounds.  Mr. At. Gen. 
Pray upon the view of the Body, what Wounds had he?  Salm. 
There was two Wounds; one on the Breast near the Collar-bone running downwards very deep.  Mr. At. Gen. 
Pray what part of the Breast was it, and how deep was it?  Salm. 
It was on the left part of the Breast near the Collar-bone, and it penetrated four or five Inches.  Mr. At. Gen. 
Can you guests at what sort of Sword it was that made the Wound?  Salm. 
No indeed, Sir, I cannot.  Mr. At. Gen. 
Was it a broad Sword, or a little Sword?  Salm. 
The Orifice was about the length of half an Inch, and about the depth of five Inches.  Mr. At. Gen. 
Was that made with a broad Sword, or with a narrow Sword?  Salm. 
Indeed I cannot tell.  Mr. At. Gen. 
You say he had another Wound; where was that?  Salm. 
That was on his left Side too, near unto the short Ribs, under the last Rib, which was about the length of an Inch, and of the depth of six Inches, and it run through the Diaphragma.  Mr. At. Gen. 
Did you take one of those Wounds, or both of them to be mortal?  Salm. 
I did look upon either of them to be mortal, and to be the occasion of his death.  Mr. At. Gen. 
Can you tell whether they were both made with one and the same Sword?  Salm. 
Indeed I cannot tell that, whether they were made with one Sword, or two.  Mr. At. Gen. 
Cannot you tell how they appeared to be? I suppose you probed them.  Salm. 
Yes, I probed them both; one was quite through the Diaphragma.  Mr. At. Gen. 
What time was it that you viewed the Body by the Order of the Coroner?  Salm. 
I saw the Body at Seven a Clock on Sunday night.  Mr. At. Gen. 
If my Lord of Warwick desire to ask him any Questions, he may.  E. of Warw. 
My Lord, I desire to ask him, whether any of the Wounds were large enough to be made by a Sword run up to the Hilt?  Salm. 
No, my Lord, sure that they were not.  E. of Warw. 
My Lord, I desi●e to know of him, whether both those Wounds were given before or behind?  Salm. 
I can only tell you the length and depth by following of the Probe; the one was downwards, and the other upwards.  Mr. At. Gen. 
Do you suppose both those Wounds were given when the Person was standing backward or forward?  Salm. 
'Tis impossible to tell how they were given, because of the variety of the Postures of the Body in the divers Capacities thereby of receiving the Wounds?  Mr. At. Gen. 
Pray can you tell whether they were given by one and the same Sword or no?  Salm. 
Indeed I cannot tell.  Mr. At. Gen. 
Do you know any thing to the contrary?  Salm. 
I cannot say any thing for it, or against it.  E. of Kingston. 
My Lords, this Witness, if I apprehend him right, says, the Wound on his Side was a large Wound.  Salm. 
Yes, a very large Wound, of the length of about three quarters of an Inch at the Orifice, and five or six Inches deep.  E. of Kingston. 
I desire he may tell whether that Wound could be given by any other than a broad Sword.  Salm. 
I cannot tell that.  E. of Rochester. 
Indeed, my Lords, I would have him asked this Question again; I know not whether he can answer it or no; but I cannot but think it is proper to have some account of this matter. In all Inquiries before the Coroner, there is a Judgement to be made of the Nature of the Wound, in order to form the Indictments, and that the Jury may know with what sort of Weapon it was made; and it is his Profession, as a Chirurgeon, to know such matters.  L. H. St. 
Mr. Salmon, you hear what is required of you by my Noble Lords, and the Observation which is made. You are the Chirurgeon sent for by the Coroner, on purpose to inspect this Body; and when you did so, it was incumbent upon you to consider and give information, as well with what sort of Instrument the Wound was given, as the length and depth of the Wound, that the Jury might consider upon all the Circumstances of the Occasion, and Manner of the Party's Death: And my Lords would know whether by the Orifices of the Wounds when you inspected them, you can make a Judgement if they were made by several Swords, or the same Sword.  Salm. 
I cannot say that I saw any difference between the Orifices, as to the nature of the Instrument they were given with, nor whether they were made by one and the same Sword or no, only the one Orifice was bigger than the other; that of the Side was bigger than that at the Collar-bone.  L. H. St. 
Then so far we have light (if I apprehend you rightly) the Orifice of the upper Wound was not near so wide as that of the lower; but it seems to be much in one of your Profession not to be able to judge whether the Wounds were given with the same sort of Sword, when there was such a difference in the Orifice.  Salm. 
That below was a deeper Wound; and there was a considerable difference between the largeness of the one and the other.  Ld. Audley. 
My Lords, I desire he may tell your Lordships how far backward the Wound in the Side lay.  Salm. 
It was directly on the left Side, immediately under the two last Ribs, and past through the Diaphragma.  M. of Normanby. 
Pray, my Lords, let him point with his Finger whereabouts it was.  L. H. St. 
My Lords would have you show them with your Finger whereabouts it was.  Which he did. E. of Warw. 
It is a very material Question for me that he should answer, whether he did believe that one and the same Sword might not give both Wounds?  Salm. 
I cannot say any thing of it one way or other; but one Wound went much further than the other, because it was in a fleshy part; and in such a case, the further a Sword goes in, it makes the Wound larger.  Mr. At. Gen. 
Then our next Witness is Stephen Turner, who was Mr Cootes Man, and he will give you an account what Sword his Master had, and where he found it.  He was Sworn, 〈◊〉 Sword was shown him. Turn. 
This was my Master's Sword Mr. Cootes, and I never saw it after he went out in the morning till I saw it in the hands of the Constable, and afterwards before the Coroner.  Mr. At. Gen. 
What time did you hear of your Master's death?  Turn. 
It was about nine a Clock next morning that I heard he was dead.  Mr. At. Gen. 
Where was your Master's Body?  Turn. 
It was in St. Martins-Lane.  E. of Tanckerville. 
I would desire he might be asked one Question, whether his Master used his left Hand or his right?  Turn. 
I do believe he was a right-handed Man; I did never see him Fence. It was on the Sunday morning that I went to the Round-house, where I found my Master dead.  E. of Warw. 
I desire he may be asked whether he has not observed a particular Kindness and Friendship between his Master and me?  Turn. 
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.  E. of Warw. 
Whether he knows of any Quarrel that was between us?  Turn. 
No, I never did.  E. of Warw. 
I desire he may be asked, whether he did not use to lie at my Lodgings sometimes?  L. H. St. 
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?  Turn. 
Yes, very often.  Mr. At. Gen. 
Pray call Pomfret again, and let him see the Sword.  Then he came in, and two Swords were shown him. Mr. At. Gen. 
I desire he may acquaint your Lordships what he knows of those two Swords.  Pomf. 
These two Swords were brought in by some of the Company that came to my Master's House, and when they were shown to Capt. French in the morning, he owned this to be his, and the other to be Mr. Cootes; and he desired that notice might be taken that his Sword was dirty, but not bloody, and there was some Blood upon the other.  Mr. At. Gen. 
Who brought in Mr. Cootes Sword?  Pomf. 
Indeed I cannot tell.  Mr. At. Gen. 
Then our last piece of Evidence, my Lord, will be that of Mr. White the Coroner.  Who was Sworn. L. H. St. 
What do you ask him, Mr. Attorney?  Mr. At. Gen. 
From whom had he these Swords?  The Swords were shown him. White. 
May it please your Grace, these Swords were delivered to me by the Constable.  Mr. At. Gen. 
My Lord, I desire he may be asked, whether upon his view of the Body he looked upon the Wounds, and whether he did apprehend they were given by one and the same Sword?  White. 
May it please your Grace, when I had Sworn my Inquest, I sent for the Chirurgeon that was here before, and gave him order to probe the Wounds, that the Jury might know the nature of them, in order to the drawing up the Inquisition, and I did expressly ask him, Whether he found any such distinction between them, that they were given by one and the same Weapon, or different Weapons? He said as he says now, That he could not tell whether the Wounds were given by two Swords, or by one; but he did apprehend there was a great difference between them, and so did I; but generally the Orifice of a Wound does close up when the Body is Gold; one of the Wounds were nearer the left Side than the other, to the best of my remembrance it was almost behind him.  Mr. At. Gen. 
We have done with our Evidence, until we hear what my Lord of Warwick says to it.  L. H. St. 
My Lord Warwick, will you ask this Witness any questions?  E. of War. 
No my Lord.  L. H. St. 
Make Proclamation for Silence.  Cl. of the Crown. 
Sergeant at Arms, make Proclamation.  Ser. 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.  L. H. St. 
My Lord of Warwick, the King's Council have made an end of giving Evidence for the King; now is the proper time for you to enter upon your Defence.  E. of Warw. 
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 Lordship's Sitting, and had no mind to undergo a long Confinement; and now I think I might well Submit it to your Lordship's Judgement, even on the Evidence 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 Lordship's patience to give a fair and full account of this matter; In which the Duty I own to your Lordships, and to Justice in general, and the right I own 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 Lordships may observe by the whole proceed.  
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 lest 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 sometime 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 Mobun and I proposed to send for the Guards to prevent them: But they had got Chairs to go towards Licester-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. Martins-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. Dockwray in two other Chairs passed 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 got 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 befell 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 Malicethat 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 reckonigns, 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-Baily when I was absent, Mr. French, James and Dockwray 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.  L. H. St. 
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.  E. of Warw. 
My first Witness is Capt. Edmond 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 Capt. Keeting stood up. L. H. St. 
Captain 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 Warwick desires to have you examined, what say you to it?  Capt. Keeling. 
My Lord, I will tell your Lordship all the matter I know of it, I met with my Lord of Warwick that Evening at Toms 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 Captain 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 Captain French came in; Captain Dockwra and we drank together for an Hour and an half, and they admired about 10 a Clock that my Lord Mohun was not come, and I paid 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 before I went away.  E. of War. 
My Lord, I desire he may be asked, Whether we did not usually meet there as Friends, especially Captain Coote and I?  Capt. Keeting. 
Captain Coote and my Lord of Warwick used to be almost every Day together at that Place.  E. of War. 
Pray did he ever know or observe any Difference or Quarrel between Captain Coote and me?  Capt. 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.  L. H. St. 
Have you any thing further to Examine this Witness to?  E. of War. 
No, my Lord, I have no other Question to ask him.  L. H. St. 
Who is your next Witness, my Lord?  E. of War. 
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 where the Witnesses were to stand.  L. H. St. 
While this Witness gets round, if your Lordship has any other Witness ready to stand up, pray let him be called.  E. of War. 
To prove the Kindness between Captain Coote and me, I desire Colonel Blisset may be called.  Who stood up. L. H. St. 
What is it your Lordship asks this Witness, or calls him to?  E. of War. 
To testify what he knows of any Kindness or Unkindness between Captain Coote and me; whether he had not been often in our Company?  L. H. St. 
Have you been often in Company with my Lord Warwick and Captain Coote?  Col. Blisset. 
Yes, my Lord, I was very well acquainted with both of them for a Twelve Month passed before this Accident, and I have often been in their Company, and I always observed that there was a great deal of Friendship and Kindness between them.  E. of War. 
My Lord, I desire he may tell any particular Instance that he knows or can remember.  Col. Blisset. 
I remember when Captain Coote had his Commission in the Regiment of Guards, he was complaining of the Straightness 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'll 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.  E. of Warw. 
I desire he may tell if he knows of any other particular Instances of my Friendship to Mr. Coote.  Col. Blisset. 
Once when he was arrested by his Tailor for 13 l my Lord lent him five Guineas, and used very frequently to pay his Reckoning for him.  E. of Warw. 
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.  Col. 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 Captain Coote there a Dressing himself; and I asked him how that came to pass, and he told me they had been up Late together, and that he had sent home for his Men to dress himself there; upon which I did observe that they had been a Rambling together over Night, and there were a very great Familiarity between them.  E. of Warw. 
Did you observe any Quarrel between us?  Col. Blisset. 
No; None at all; I never knew of any Quarrel between my Lord of Warwick and Captain Coote, but I observed there was a particular Kindness between them, and a great deal of Friendship I know my Lord of Warwick shown to him, in Paying of Reckon for him, and Lending him Money when he wanted.  E. of Warw. 
My Lord, I desire he may be asked, whether he does not know that Captain Coote was straitened for Money.  Col. Blisset. 
I did hear Captain 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.  M. At. Gen. 
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, when ever 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 Captain Coote.  Col. Blisset. 
No, I never did hear him complain of him.  Mr. Att. Gen. 
Did you never hear the least Word of any Quarrel between them?  Col. Blisset. 
No, indeed, I did never hear of any Quarrel between them.  Mr. At. Gen. 
Did you never hear of any Unkindness at all?  Col. Blisset. 
No indeed, my Lord, not I; I never so much as heard of the least Unkindness whatsoever.  L. H. St. 
Well then, my Lord, who do you call next?  E. of Warw. 
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 Captain Coote and me, and what Instances he can give of it?  L. H. St. 
You are to consider, Sir, though you are not upon your Oath, you are in a great Court, and under no less strict Obligation 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 Warwick and Captain Coote for about a Twelve Month, and I did perceive that they did always profess a great Kindness for one another.  E. of Warw. 
I desire to know of him, whether he observed any Particular Friendship between Captain Coote and me, much about the time of this Business.  Col. Stanhope. 
About 8 or 10 Days before this unhappy Accident, I went to wait upon my Lord of Warwick twice at his Lodgings; once I found Captain Coote there, one of them was in Bed, and the other was Drossing 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.  E. of Warw. 
The next Witness I shall call will be Mr. Disney.  Mr. At. Gen. 
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 Captain Coote?  Col. Stanhope. 
No, indeed I did not, I always thought them to be very good Friends.  L. H. St. 
Will your Lordship go on to your next Witness?  E. of Warw. 
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 Captain Coote.  Mr. Disney. 
About the time that Captain Coote was to have his Commission in the Guards, my Lord of Warwick received a Letter from him, wherein he desired him to lend him the 100 Guineas, according to his offer, for he had but 300 by him, and he said his Father was unkind to him, and he could have no Money from him, and he would be honest to him and pay it again as soon as he could; my Lord sent for his Steward, and ordered him to provide 100 Guineas for Captain Coote while I was there; and all the times that ever I saw them together, which was very frequent, there was the greatest Kindness between them that could be; and several times I have seen my Lord of Warwick pay Captain Cootes Reckoning for him, and lent him Money when he wanted Money.  Mr. Att. Gen. 
I desire to ask you, Sir, this Question, though you are not upon Oath, yet you are obliged to speak the Truth in a Court of Justice as much as if you were upon Oath; Did you not know or hear any thing of a Misunderstanding or Quarrel about the time that this business happened?  Mr. Disney. 
No indeed; I was with them together but the Day before, and frequently, and I heard nothing of any Unkindness between them in my Life, nor never knew of any Quarrel between them, or any reason for it.  L. H. St. 
My Lord, who is it you call next?  E. of Warw. 
Colonel Whiteman.  Who stood up. L. H. St. 
What do you call this Gentleman for?  E. of Warw. 
It is to the same Effect, to acquaint your Lordships with what he knows of the Conversation between Captain Coote and me.  Col. Whiteman. 
My Lord, I know my Lord of Warwick and Captain Coote were constant Companions together, they Dined together almost every Day for half a Years 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 shown 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 intent 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.  Mr. At. Gen. 
Pray, what reason did he give for his going away?  Col. 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.  Mr. At. Gen. 
But pray, Sir, Consider, You are bound to tell Truth and the whole Truth in such a Case as this: Are you sure there was no Unkindness or Quarrel between my Lord Warwick, and Captain Coote about this time.  Col. Whiteman. 
Not I never knew of any Quarrel or ●●●●dness between them in all my Life.  L. H. St. 
My, Lord, have you any more Witnesses?  E. of Warw. 
I have a great many Witnesses more to the same Purpose, but I think I need not trouble your Lordship with them, only I would call a Person that has been mentioned, that is my Steward.  L. H. St. 
What is his Name?  E. of War. 
Edmund Raymund.  Who stood up. L. H. St. 
What Questions do you ask him?  E. of War. 
I desire he may tell what he knows of any Friendship between Captain Coote and me, and what particular Instances he can give of it.  Raymond. 
My Lord, I know that my Lord sent for me, and said Captain Coote had occasion for 100 Guineas to pay for a Commission in the Guards, which he had not Money to make up, and I know that they were constant Companions every day, did Eat together, and often did Lie together, and I did provide the 100 Guineas for him, and I always did observe that there was a very Great Friendship between them.  E. of War. 
My Lord, the next Witness I shall call will be Mr. French, who I hope, having been Tried and had his Clergy allowed him, will be a good Witness, I should be sorry to Interpose any thing that would be a hindrance to your Lordship's giving Judgement in this Cause presently; he is able to give your Lordships an Account of the whole Matter, and though, I hope, I have no need of calling him as a Witness, yet I humbly offer it to your Lordships.  L. H. St. 
What say the Council on the other side?  E. of War. 
My Lord, I do not insist upon it, I think I have no need of it?  L. H. St. 
Your Lordship must judge for yourself how far it is for your advantage, to desire that this Matter should be Debated.  E. of War. 
I do not desire to take up your Lordship's time, though I am very well advised, that he is a good Witness in Law.  E. of Roch. 
I apprehended it the Duty of a King's Council to make Objection against any Witness that should be produced by the Prisoner; I am loath to give your Lordships any unnecessary Trouble, yet I own, that I am not satisfied that a Witness should be Offered and Rejected, though the Objection be not made and argued by my Lord, the Prisoner at the Bar: If a Witness be offered, and they think they have an Objection against him, if they do insist upon it it will occasion a Debate, and then we must Adjourn into the House of Lords.  L. H. S. 
It is not insisted upon by my Lord, as I apprehend. My Lord of Warwick, Have you any other Witness you would have called?  E. of War. 
I desire to ask Mrs. Amy a Question or two.  Then she stood up. L. H. St. 
What does your Lordship ask her?  E. of War. 
What she remembers passed at her House about my Sword, or any thing.  Mrs. Amy. 
My Lord, when I came into the Room where my Lord of Warwick and Captain French were, in our House, I stood by Captain French while his Wounds was dressing, and I saw my Lord of Warwick's Sword, and looked upon it, and the Hilt and all the Shell was full of Blood, and it run down to the Bottom of the Sword Blade.  E. of War. 
I desire she may be asked, how soon that was after my coming in?  Mrs. Amy. 
It was in a quarter of an Hour after my Lord came in.  E. of War. 
I desire she may speak what sort of Sword it was at the Hilt, whether it were Open or Close?  Mrs. Amy. 
Indeed, I cannot say; but the Hilt was full of Blood, the Shell of it, and it run down to the Bottom of the Blade.  L. H. St. 
Has your Lordship done?  E. of Warwick. 
My Lord, I would only take notice that the Three Gentlemen that were on the other side, were Tried at the Old Bailey, and found Guilty only of Manslaughter; but now I being on his side, and not having any Malice to him, but always a great deal of Friendship, I submit it to your Lordships, whether I can be thought any ways Guilty of his Death; and I humbly hope your Lordships will hear my Council, if you make any Doubt of that.  L. H. St. 
What is it your Lordship would have Council heard to?  E. of War. 
To this Case, my Lord, Whether there being Six Persons, Three of a side, one is killed, and I being Engaged on the side of him that was killed, the Three of the other side have been Tried for the death of that Man; whether I, who was of his side be equally Guilty with them, who were on the other side, especially, I engaging particularly with another of the Three, that were of the other side: That Question I desire my Counsel may Argue, whether I be equally Guilty with them that were on the other side, and who, notwithstanding Death happened in the Case, yet were found Guilty only of Manslaughter.  L. Godolphin. 
My Lords, it has been moved by my Noble Lord at the Bar, that his Counsel should be heard about Mr. French's being Witness, whether he should be a Witness or no; I think it would be much for the clearing of the Fact one way or other, if the Evidence of that Witness could be heard; but whether he can be heard, or not, according to Law, is a Question that must be debated amongst your Lordships, after your Lordships have heard the Council on both sides, and perhaps, the Opinion of the Judges upon their Arguments; and therefore I think we must Adjourn, to Consider whether this Matter shall be Argued or no?  L. H. St. 
What say you to this Matter, Mr. Attorney?  Mr. At. Gen. 
My Lords, I should agree with the Motion that is made, if there were any thing insisted upon by the Prisoner at the Bar, that would bear a Question or Argument; but my Lord of Warwick himself has waved the Objection, and so I think there is no need for any Argument on our side.  L. Godol. 
I would agree with the Motion that was made for Adjourning, in order to Debate, but I desire to be thus understood, if he thinks it for his advantage, that this Witness should be heard for him, which he knows best, whether it be or be not; then I do suppose your Lordships will Adjourn, to Consider of it in your own House amongst yourselves; it will not be proper to enter into the Debate here, nor there neither, till you know what Objection the Council for the King make against this Man's being an Evidence, and therefore we would know, it is fit to be known, whether my Lord's waving, or not insisting upon this Man's Testimony, be free and voluntary, and absolve, or whether it be only in respect to the trouble it may put the House to for the Debate.  L. H. St. 
My Lord Warwick, some of my Noble Lords observe you have desired Mr. French should be examined, and that your Council may be heard to that point, Whether he be by Law a Witness, or not; several of my Lords think it reasonable, Council should be heard, whether he be a Witness or not; or at least that that Question should be considered amongst themselves, if insisted upon; therefore your Lordship is to Declare, whether you do insist upon it, or desire to wave it.  E. of Warw. 
I wholly submit myself to your Lordships, but as I am advised by my Council, I hope he is a good Witness, and I desire my Council may be heard to that point.  Mr. At. Gen. 
My Lords, in truth I acknowledge, according to the method of Law, the Objection ought to come of our side, but I think we have very good reason to oppose, that Gentleman being a Witness in this Case, even upon that Objection which my Lord has made himself upon the Consideration, that he has been found Guilty of Manslaughter, for the Death of this very Person. It is true, upon his Prayer, Clergy was allowed him, but the burning of the Hand was respited, and he was not Burnt in the Hand, and he is not Pardoned; and how far he can be a Witness in this Case, is the Objection; If a Man Convicted of Felony, that is within Clergy, Prays his Clergy, and it is allowed him, but he is not Burnt in the Hand, nor Pardoned, we apprehend he is no Witness; and that is the Objection we make against his Testimony to your Lordships.  L. H. St. 
My Lord Warwick, you hear what is said by way of Objection against this Man's being a Witness. What say you to it?  E. of Warwick. 
For matter of Law, my Lords, I am not capable of speaking to it, but I desire my Council may.  L. H. St. 
That which Mr. Attorney proposes by way of Objection is Matter of Fact, and the Matter of Law does not arise till the Fact be settled, which must fall within your Lordships own Knowledge, who produce him as a Witness, and therefore you must Answer to that Fact yourself.  E. of Warwick. 
I desire to know of your Lordships if a Man be Convicted of Felony, that is within Clergies, and Prays his Clergy, and it is allowed him, but the Burning of the Hand is respited, and there is a Warrant for his Pardon; whether he cannot be a good Witness, that his Clergy was allowed, and the Burning of the Hand respited; I have the Record here to show.  L. H. St. 
My Lords, my Noble Lord at the Bar, insisting upon a Warrant for a Pardon, I must acquaint you with something that has happened during your Lordship's Sitting here this day; Since I came hither a Privy Seal was delivered to me, in order to pass a Pardon for the Burning in the Hand of Mr. French for the Manslaughter, for which he was Convicted at the Old Bailie; so far I can acquaint your Lordships as to Matter of Fact.  E. of Warwick. 
My Lord, I am advised by my Council, that he is a good Witness without a Pardon, or without Burning in the Hand.  L. H. St. 
What say you Mr. Attorney, to the Law? now you understand what the Fact truly is.  Mr. At. Gen. 
Yes, my Lord and I do apprehend, with submission to your Lordship's Judgement; That a Man Convicted of Felony, tho' he Prays his Clergy, and has it allowed him, but is not Burnt in the Hand, nor has any Pardon, can be no Witness.  L. H. St. 
That is the Case upon which you are to form your Objections; Here is a Man produced as a Witness, who has been Convicted of Felony, within the Benefit of Clergy, has craved his Clergy, has had it allowed, but has not been Burnt in the Hand, nor Pardoned.  Mr. At. Gen. 
Then my Lords, with Humble submission upon the Matter of Fact so stated, I make this Objection, That he is no Witness in point of Law; He has been Convicted in one Respect, for the very Offence for which the Noble Lord the Prisoner at the Bar stands Indicted: tho' not in the same Degree as the Indictment sets it forth, yet it is for the same Fact. Upon this Indictment Mr. French was Indicted at the Sessions at the Old Bailie, and there he was found Guilty of Manslaughter, upon which he Prayed the Benefit of his Clergy, which was allowed him, but he was not Burnt in the Hand; thus stands the Case in Fact. Now, my Lords, the allowance of Clergy of itself, does not discharge the Party from the Offence, so far as to set him Rectus in Curia, and make him in all Respects a Person fit to have the benefit and privileges of a Probus & Legalis Homo, till he has passed through those Methods of setting himself Right in the Eye of the Law, that the Law hath prescribed, and in order to set this matter in its true Light before your Lordships, it will be necessary for me to open to your Lordships, as far as I can, the Nature of this Benefit of Clergy, and what advantage did accrue to the Party, by having that Benefit allowed him, and likewise what Benefit he had by the Act that Enacted the Burning in the Hand, which was the Statute of 4. Hen. 7. And by that Act the Burning in the Hand was to be of no more effect, but only to show that he had had his Clergy allowed him; that unless he were within Orders, he should have it no more than once. Before that Act of Parliament, a Person might have had the Benefit of Clergy several times, but that Act limits it as to time, that it shall be but once: and therefore in order to the having of it known, whether a Man once had his Clergy allowed him, that did not produce his Orders, that Act provides there shall be a mark set upon him at the time of the allowance of this Clergy, as a Token that it was allowed him, and he was never to have it allowed afterwards, but even at that time he was to be delivered over to the Ordinary to make his Purgation: but since that Act several Statutes have been made about this Matter, I shall mention one that relates to your Lordships, and that is the Statute of Edward the 6th, which indeed does Enact, That in Case where a Peer is Convicted of Felony within the Benefit of Clergy, he shall be Discharged without being Burnt in the Hand, but then, and thus the Law stood till the Statute of 18 Eliz. Cap. 7. by which 'tis Enacted, That after the Burning in the Hand the Prisoner shall not be delivered to the Ordinary, but he shall be discharged; by virtue of which Act, after Burning in the Hand, the Prisoner hath made full Satisfaction to the Law, without that sort of Purgation which was before requisite to be made, but till he be Burnt in the Hand, or has his Pardon, he is not to be Discharged; it may be he may be Bailed out by the Judge, in order to get a Pardon, but still he remains in statu quo, as to his being a Witness, or any thing of that nature; his Credit is gone till it be restored by the King's Pardon, or his undergoing the Punishment that the Law requires; and no Man would say, that where one lies under a Conviction of Felony undischarged by Burning in the Hand, or Pardon, that he can be a Witness; he remains just as he was before, the Conviction remains upon him, which disabled him to be a Witness; and that we submit to your Lordships as the Case of this Person Capt. French.  Mr. Sol. Gen. 
My Lords, if your Lordships please to spare me one Word of the same side; sure at Common Law there would be no difficulty at all, that a Person Convicted of Felony within the benefit of Clergy, unpardoned, and undischarged, could be no Witness; and since those several Statutes that have been mentioned by Mr. Attorney, unless there be an actual Burning in the Hand, or a Pardon for that Burning in the Hand, sure it cannot be pretended, that one Convicted of Felony can be admitted as a Witness; If my Lord of Warwick does insist upon his Evidence a Matter of Right, we for the King do insist upon it, that there is no Right at all in the Case; for French must be taken to be one Convicted of Felony, and not discharged without either Burning in the Hand, or Pardon, and then we are sure it cannot be pretended in Law that he can be a Witness.  L. H. St. 
My Lords, the King's Council have Stated their Objection, what is your pleasure to have done in it?  E. of Rivers. 
I suppose, my Lords, that it will be necessary to hear what Answer my Lord of Warwick gives to this Objection.  L. H. St. 
Is it your Lordship's pleasure then, that the Council assigned for my Lord Warwick be heard what they have to say to this Matter?  Lords. 
Ay, Ay, Ay.  
Then Sir Thomas Powis came to the Bar, and stood by the Earl of Warwick, and spoke thus.  Sir T. Powis. 
May it please your Lordships, I am by the Order of this Honourable House Assigned of Council for this Noble Lord at the Bar, in Point of Law; and, my Lords, as to the present Question that has been spoken to by the King's Council, I am a little surprised to hear it should be wondered at, that my Lord of Warwick should insist upon it, that this Gentleman should be Examined for him as a Witness, because, with humble Submission to your Lordships, I think the Authorities of Law will make for the Opinion on the other side. Mr. Attorney General says true, the first Statute that was made for Burning in the Hand, was that in 4 Hen. 7. before that time the Benefit of Clergy, even for Murder, was used to be allowed upon the Prayer of the Party, and he was thereupon delivered over to the Ordinary to make his Purgation, and that not only once, but toties quoties, let him demand it as often as he would, and as often as he offended it was allowed: This was thought such a Privilege as aught to be restrained; that Statute of the 4th of Hen. 7. takes notice that an ill use was made of it, and therefore does ordain, That it should be allowed no more than once, unless to Persons within Orders▪ And as a Means to know, whether it had been before allowed, or not, the Act does direct, that the Party Convicted shall be Burnt in the Hand, that is all the Act does appoint, it does not otherwise alter the Case; it does not impose it upon the Party as a Punishment for the Offence, but only as a Mark of Distinction, that if ever he came again before the Court, and being Convicted of the like Offence, should pray the Benefit of Clergy, then upon Inspection it might be known whether before he had been allowed his Clergy or not; and so stood the Law without alteration as to the manner of delivery of the Criminal over to the Ordinary to make his Purgation, with which the Temporal Law in the manner of doing thereof did not intermeddle; and therein consisted, with respect to this Matter, the Benefit of Clergy. Afterwards, by the Statute of Edward the 6th, the Peers were exempted from the Burning in the Hand; and then comes the Act that we rely upon, which is, that of the 18 Eliz. that takes notice of the former Act of 4 Hen. 7. which only ordered the Burning of the Hand for the purposes aforesaid, but left the Party to be delivered over to the Ordinary to make his Purgation; which was found to be a Matter attended with many Abuses, and upon the Reformation thought fit to be abolished, and taken away, because it was only an outward appearance and show of Purgation, and was often the occasion of very great Perjuries, therefore it is taken totally away, and by this Act the Party shall have the Benefit of Clergy without making Purgation, as fully as if he had actually made it. But say they, There is still left something that the Law requires, which is, That he should be first Burnt in the Hand, and if he be not Burnt in the Hand, or at least Pardoned, he is not in that Condition, that the Law calls for in such a Case, to set him Rectus in Curia; If he be Burnt in the Hand, or Pardoned by the King, they agree on the other side, that he may be a very good Witness. My Lords, that Act of Parliament of Queen Eliz. does empower the Court that Tries the Criminal, and before whom he is Convicted, not only to Burn him in the Hand, pursuant to the Act of Hen. 7. but also to detain him in Prison for a year after; but yet I think that doth not signify any thing one way or other, to restore him, or not restore him to his Credit, for I think the Burning in the Hand, which is a Mark of Infamy, was never intended as a Means, any more than Imprisonment for a year of Restoring a Man to his Credit; it was only to show he had his Clergy once, and should have it no more; The allowance of Clergy by the Statute of Eliz. operates as a Pardon, only saith the Statute, he shall not be delivered out of Prison before he is Burnt in the Hand, according to the Statute of Hen. 7. No body can say, that the continuing in Prison for a year, which the Court may order, though Burnt in the Hand, would, as to restoring of Credit, have operated one way or other: but that we insist upon is, 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. It is the allowance of Clergy that makes the alteration or operation in this Case, by virtue of this last Act of the 18th of Eliz. for we take it, that he is to have the same Benefit of his Clergy as is if he had been delivered to the Ordinary, and Purgation had been made; and now the allowance of Clergy by this Act, gives the same benefit to the Party, as Purgation would have done before the Act, and he is in the same State and Condition as he would have been in Case of a Purgation, or of a Pardon by the King. The Authorities are all with us, there is a Case that is very well known among the Men of the Law in the Fourth Report of My Lord Cook, Holcroft's Case, who was Indicted and Convicted of Manslaughter, and he prayed the Benefit of his Clergy; The Judges thought fit to respite their Judgement therein, but his Prayer was entered upon Record; And then an Appeal being brought against him, it came to be a Question, how far he had had his Clergy, for by the Stat. of the 3d of H. 7. an Appeal will lie notwithstanding a Conviction, if the Party have not had his Clergy; and in this Case it was adjudged, that the Party having prayed his Clergy, he should have the same benefit as if the Court had ordered every thing to be actually Executed, which ought thereupon to be done; and surely than it can be no Question, whether a Man shall be a Witness or no, who has had his Clergy allowed. It is so entered upon Record, that the Book was administered to him, and that he read as a Clerk, for the Party has done as much as he can; prayed the Benefit of his Clergy, and had it allowed, and so it is entered upon Record. The Respiting of the Burning of the Hand till the King's Pardon be obtained, shall not sure put him in a worse Condition than he would have been, if he had actually been Burnt in the Hand. My Lords, I have in my Hand a Book which is of very great Esteem, and that is, The Reports of My Lord Chief Justice Hobbart, wherein he declares his Opinion in this Point, and for whose Opinion every one of our Gown ever have testified a very great Veneration and Respect; The Case is that of Searle and Williams, wherein my Lord Hobbart has spoken so fully to this Matter, that I think it ought to put an end to the Question: He says, the Stat. of Eliz. appointing the Burning in the Hand without Purgation, does operate as a Statute Pardon to all intents and purposes, and the Party having now the Benefit of his Clergy allowed, is in all respects in the same Condition as if he had been acquitted: That is the Opinion that he holds throughout that Case: I need not trouble your Lordships with Reading all the particular Words that he uses, but only those which relate to the thing now in Question. Immediately before your Lordships he delivers his Opinion, That whosoever speaks Words of Accusation, reflecting upon a Man for any Offence for which he was Indicted and Convicted, and had had his Clergy allowed, an Action lies as if he had been totally acquitted from it; 'Tis not the Burning in the Hand, but the Allowance of Clergy, that sets him right in his Credit in the Eye of the Law, and he is thereby in the same Condition, in that respect, that he would have been, if he never had had any Conviction upon him. Towards the end of the Case his very Words are these, Though the Statute saith, after Burning in the Hand, according to the Statute in that behalf made, he shall be discharged, and there is no Burning in the Hand, that makes nothing, for though it be a Case where the Hand ought to be Burnt, yet it is not so essential but a Man may have the Benefit of the Stat. though he be not Burnt; the King may pardon the Burning, for the Burning even in an Appeal is no part of the Judgement, nor so much as in the Nature of Punishment, but rather a Mark to notify that he may have his Clergy but once; These are his very Words in this Case, so that the Statute of Queen Eliz. doth abolish Purgation, but gives the Party all the Benefit thereof, as if he had gone through it, and instead of delivering the Party to the Ordinary to make his Purgation, it says, he shall be delivered out of Prison; but lest it might seem to Repeal the Statute of Hen. 7. as to Burning in the Hand, it adds, being Burnt in the Hand according to the Statute in that behalf provided; By the Statute of Hen. 7th, he was first to be Burnt in the Hand, and then delivered to the Ordinary to make his Purgation; but by the Statute of Eliz. he is first Pardoned his Crime by being allowed the Benefit of his Clergy, without making his Purgation, and afterwards to be Burnt in the Hand before he be delivered out of Prison; so that the Burning in the Hand is only a Condition precedent to his getting out of Prison, not to his being restored to his Credit; The King may Pardon the Burning in the Hand undoubtedly, and he has gone a great way in this Case, for he hath given a Pardon as far as the Privy Seal, and that is sufficient to show his Gracious Intention of Pardoning it throughout, and if there be need, we hope it may pass yet forward: What we insist on is not only the Opinion of my Lord Chief Justice Hobbart, but he is followed therein by the Opinion of a Man of very great Authority, one no less Eminent than he in his Profession, and that is my Lord Chief Justice Hale, in a Book of his that is Entitled, His Pleas of the Crown, which is but an Abridgement of what he intended upon that Subject under the Title of Clergy; when he comes to treat of the Consequences of the allowance of Clergy, and what the several Effects of Clergy allowed shall be, he says it gives him a Capacity to purchase Goods, and retain the Profits of his Lands, and restores him to his Credit, according to the Case I have mentioned before in Hobbart of Searle and Williams; for that Case is particularly in that Book mentioned and referred to: Therefore I hope your Lordships will make no difficulty of Hearing this Witness; for we think the having his Clergy allowed him, is that which restores him to his Credit. If they have any other Objections against him, I hope we shall hear it from the King's Council: But if this be stood upon in point of Law as an Objection, That though Clergy was allowed, he was not Burnt in the Hand, nor pardoned; I would have observed to your Lordships, That my Lord High Steward has told you it is so far gone towards the Pardon, that the King has shown his Intention to pardon by the Privy Seal; and we hope your Lordships will not let this Noble Lord at the Bar suffer any Prejudice by the not perfecting of the Pardon by actual passing of the Great Seal.  L. H. St. 
Mr. Attorney General, what say you to the Matters which have been urged?  Mr. At. Gen. 
My Lord, we have stated our Objection; we think there is nothing given as an Answer to it, and we submit it to your Lordship's Judgement.  Marq. of Hallifax. 
My Lords, I desire that the Question that is to be decided before your Lordships, may be settled truly what it is.  L. H. St. 
If there be Six in Company, and one of them is killed, the other Five are afterwards indicted, and Three are Tried, and found Guilty of Manslaughter, and upon their Prayers have their Clergy allowed, and the Burning in the Hand is respited, but not pardoned; Whether any of the Three can be a Witness upon the Trial of either the other Two.  Sir T. Powis. 
My Lords, with Submission, though he were convicted of the Felony, yet upon Prayer of his Clergy, that being allowed him, That restores him to all the Capacities, we say, that he had before the Conviction, and particularly to his Credit; and for that we submit our solves to your Lordship's Judgement.  Marq. of Hallifax. 
I suppose your Lordships will have the Opinion of the Judges upon this Point, and that must be in the presence of the Prisoner.  L. H. St. 
It must certainly be in the presence of the Prisoner, if you ask the Judge's Opinions.  Marq. of Hallifax. 
But in these Cases, my Lords, it is usual to hear the King's Council to make a Reply: I desire to hear what they would say to what has been offered by the Council for the Noble Lord the Prisoner at the Bar.  Mr. Serj. Wright. 
My Lords, I did apprehend that the very stating of the Objection would have set this matter in its true light: For the first place, it is agreed on all hands, That this Mr. French, that is desired to be a Witness, does stand convicted of Felony; and by the Law of England, while that Conviction remains upon him, till he be either purged or pardoned, he cannot be a Witness: By the Conviction his Credit is lost; and till he be restored to his first Condition, he stands not so clear in the Eye of the Law that he can be an Evidence. The Council for the Prisoner have objected, That if he either be pardoned, or Clergy allowed, he is put in the same Condition as if he had been acquitted.  
My Lords, I must admit a Pardon restores to Credit; and I must likewise admit, That allowance of the Benefit of Clergy, and Burning in the Hand upon it, amounts in Law to a Pardon, or is equivalent to a Pardon in this matter: But the Fact here is not so; for here is neither actual Pardon, norany Burning in the Hand: The Benefit of Clergy was prayed, and allowed; but that alone is not sufficient; there must be an actual Burning in the Hand, or a Pardon of that Burning in the Hand, otherwise it cannot be a Satisfaction in Law, such as should put him in the same Condition as if he were acquitted. Your Lordships have heard what was said by his Grace my Lord High Steward, That as to the Burning in the Hand, the King has been pleased to proceed so far as to grant a Privy Seal for the Pardon of the Burning in the Hand: But your Lordship's very well know, and it cannot be insisted on to the contrary, by the Council on the other side, That it is no Pardon until it be passed under the Great Seal of England: So that here is no actual Pardon; nor is the bare allowance of Clergy, without Burning in the Hand, equivalent to a Pardon. My Lords, it must be agreed, That at the Common Law, Persons that were convicted of Felony, were not restored to their Credit merely by allowing the Benefit of Clergy to them; there was something further to be done to regain Credit; the Party convicted must undergo another Trial before the Ordinary, which was commonly called Purgation; when any Man was convicted of Felony, he was upon his Prayer of the Benefit of Clergy to have it allowed to him, and if he could Read as a Clerk, his Life was saved. He was not discharged of the Felony, and therefore was delivered over to the Ordinary to be kept in Prison until he had, by a sort of Trial before the Ordinary, made his Innocence appear, and purged himself of the Fact charged upon him; and if he could not make his Purgation, he was to lie perpetually in Prison; and notwithstanding the allowance of Clergy, and delivery over to the Ordinary, yet was not the Credit restored, nor his former Capacities; he was not a legal Witness until he had purged himself of the Crime: It was the clearing themselves of the Gild, that restôred such Persons to their Reputation and Credit, not the bare allowance of Clergy: Some Criminals were delivered to the Ordinary generally, those might make their Purgation; others were specially delivered, or delivered with a special Charge to the Ordinary, not to admit them to Purgation, Absque purgatione facienda: These latter could never be restored to Credit, except by the King's Pardon; for the Liberty of Purgation, which was the means of regaining their Credit was taken from them; their Gild occasioned their loss of Credit; taking away that Gild doth consequentially restore Credit again; and this Benefit of Clergy was to be allowed as often as any Man had occasion for it.  
Thus the matter of Benefit of Clergy stood in Common Law, in respect of Purgation and restoring of Credit, till the Stature of 18 Eliz. c. 7. which was cited on the other side by Sir Thomas Powis; by which Statute Purgation is absolutely taken away, and set aside: And the Party being Burnt in the Hand, according to the Statute of 4 H. 7. is appointed by this Statute, 18 Eliz. to be discharged, and not to be delivered over to the Ordinary, as was before that time used. The delivering over to the Ordinary was in order to Purgation, and that by the last Statute is quite taken away, and the Party is to have the same Benefit by the having the Benefit of his Clergy and Burning in the Hand, as if he had made his Purgation; he shall be discharged: It is not his Reading as a Clerk, and that pronounced by the Ordinary, that gives him the Benefit of a Discharge, as if he had been pr●●●● of the Crime; but there must be the Burning in the Hand, that is the very Terms of the Statute upon 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. As for the Case of Searle and Williams that was cited by Sir Thomas Powis, that Case doth not oppose in this matter; there it was not needful to Burn the Person convicted; he was a Clerk in Holy Orders, and by Law exempt from Burning in the Hand; so it was not needful to Burn him, the Statute of 18 Eliz. not requiring any Person to be Burned in the Hand that were not so liable before then. The most that is said in that Case by the Chief Justice Hobbart is, That in case where the Hand ought to be Burnt, it is not essential; but the Party may have the Benefit of the Statute, i. e. be discharged without Burning, and the King may pardon the Burning; and no doubt if the King pardons the Burning, it is as good and effectual as if the Hand had been actually Burnt. The King might par●●n the whole, and consequently any part; the Pardon of the Punishment supplies the Effect of it; no question but a Pardon may supply the want of Burning in the Hand. Chief Justice Hales in his Book of Plea● of the Crown, Fol. 240 which I have here, says expressly, That Burning in the Hand is now, since the Statute, 18 Eliz. the Consequent upon the allowance of Clergy, which hath this Effect▪ First, it enables the Judges to deliver him. Secondly, ●e resto●●● him to former Capacities. Thirdly, It restores him to his Credit, and so it puts him in the same Condition as if he were acquitted. What is it that hath this effect? Tho' Allowance of Clergy, and Burning in the Hands: There is not 〈◊〉 be an Allowance of Clergy till all be done which is required by Law: The Law requires that the Party be Burnt in the Hand, or that the King do 〈◊〉 the Burning in the Hand before the Party be discharged; and, with humble Submission, it was never yet pretended, that any Person could have the full Advantage of the Benefit of Clergy, since the Statute of 4 H. 7. till he was Burnt in the Hand, or the Burning in the Hand was pardoned. Now, my Lords, to apply this to the 〈◊〉 in Question, it is on all Hands admitted, That Mr. French was convicted of Felony and Manslaughter, and is neither Burnt in the Hand, nor pardoned, but he has prayed 〈◊〉 Benefit of the Clergy, and has had the Book given to 〈◊〉 to try if he can Read, and he certified he can Read; this is all that is done▪ I think it cannot be pretended he ought to be discharged until he is Burned in the Hand, or that Burning pardoned, as the Act requires; and if the Reading as a Clerk without Burning in the Hand, or pardon of it, be not sufficient in Law to entitle him 〈…〉 discharged. Why should it be sufficient to restore his Credit? 〈◊〉 whole together works the Discharge, and restores the Party. In the Case of Burroughs and 〈◊〉 that has been cited, there a Man was convicted of Manslaughter, and prayed his Clergy; the Court did not allow his Clergy, but did advise upon it. This was held sufficient to ●●r an Appeal; for if Clergy had been allowed, it had clearly been a good Bar; and the Act of the Court in Advising upon the Peayer, and not allowing Clergy where it ought to be, shall not prejudice the Party convicted, but he shall be in the same state as if the Clergy had been actually allowed: But that has no likeness to the Case now before your Lordships; for here it is not pretended that Mr. Frenth ever desured to be Burnt in the Hand, but that was respited in favour to him, which was done with intention, 〈…〉 to get the King's Pardon for the Burning of the Hand, which is nor yet obtained, and consequently I take it he is not entitled to that Benefit which the 〈◊〉 would give him, if he was either Pardoned or Burned in the Hand; he is not 〈…〉 of the Conviction, and therefore I think he ought not to be 〈…〉.  〈…〉 
What is the Resolution your Lordships please to take upon this matter? Is it your Lordship's pleasure to have the Opinion of my Lords the Judges, who 〈◊〉 present, upon this Point.  〈…〉 
Ay ay, by all means have the Judge's Opinions.  〈…〉 
Two things have been mentioned at the Bar, which, I think, aught to be laid out of the Question.  
The Con●●●●●tion of a Peer, with respect to Burning in the Hand.  
I suppose 〈◊〉 〈◊〉 〈◊〉 (I am sure it ought not to be) insinuated, that, if any of your Lordships Degr●● 〈…〉 have the Misfortune to fall into 〈…〉 the like Condition as the Gentleman now produ●●● 〈◊〉 to be once 〈◊〉 of a Clergyable Felony, there could be any 〈…〉 such Peer, as 〈…〉 without his having been Burnt in the 〈◊〉. Certainly, there could 〈…〉 Statute of 1 E. 6. exempts the Peers 〈…〉, and vir●●lly 〈…〉 ●●tute of 4 H. 7. as to so much. 〈…〉 Statute of 18 Eliz. 〈…〉 Hand only, According to the Statute in that behalf (before) 〈…〉 no Statute Then, or Now, in force to subject Peers to such 〈…〉 in such ease, upon the Allowing the Benefit of the said Statute 〈…〉 6. (which is as much as Clergy without Reading or Burning) freed from 〈◊〉 and other Penalties of the Felony, as much as Commons are by having Clergy formally allowed and being Burnt.  
2. Here hath been mention of a Pardon of the Burning this Gentleman in the Hand; and, it seems, the Proceeding hath been so far as to Pass the Privy Seal. I do not question the King's Pardoning of the Burning's being as offectual as the Party's undergoing it. But, I say, Here is no Pardon (though Great Preparation for one) For, the Sign Manual, the Signs, the Privy Seal, are but Warrants in such Cases, and Countermandable. But, it is the Great Seal that speaks the King's Last and Irrevocable Intent, and Passeth the Pardon (or other like thing) to be Granted. And That hath not been obtained Here.  
Now the Question is cleared, I take it to be this; Whether this Commoner being Convicted of Felony, and having his Clergy Allowed, but being Unburnt and Unpardoned, shall be Received and Allowed to be a Witness.  
I am of Opinion he ought Not.  
For (whatever Quality or Credit he might Personally be of,) he is, by Being and Remaining a Felon-Convict, Rendered Infamous in the Eye of the Law. Upon the Conviction, he Lost, by the Intendment of Law, That Credit which is necessary to a Witness. And is not Restored to it by the bare Allowing of Clergy: But, is in the state as a Felon-Convict would have been, before Purgation, at Common Law.  
Clergy or (more properly called) Benefit of Clergy, is an Ancient Privilege, whereby a Clerk charged with Felony was Dismissed from the Temporal Judge, and Delivered in Custody ro his Ordinary, Before whom he was to Purge himself, if he could, of the Offence; And if he failed in his Purgation, he was to Remain in the Ordinaries Prison.  
I mean Generally. And I think it not proper to this Occasion, to Discourse of the Special Cases wherein the Delivery to the Ordinary was absque Purgatione.  
This Privilege took its Root originally from a Constitution of the Pope, exempting the Persons of the Clergy from the Secular Jurisdiction. This the Canon-Law is full in. But, That Law was not throughly Received Here in England. And This Matter was Moulded, Ordered, and Altered by our Common and Statute-Law.  
For Instance. The Canon Law gives the Privilege only to Men in Holy Orders: Our Law, in favour to Learning, and the Desire of the English Bishops, extended it to Lay-Clerks, as an Old Statute calls them, i. e. any Layman, that, by Reason of his Ability to Read, was (other Circumstances concurring) in a Possibility of being made a Priest. On the other side; That Law would not suffer the Clergy to be Tried before Secular Judges: But, Ours hath, for several hundred Years, subjected them to such Trial.  
But, the Common-Law was ever clear in this, That when a Man was Convicted of Felony, though, by the Allowing of Clergy, his Life, Land, and Blond were saved, yet, That Conviction laid him under divers Penalties and Forfeitures, some Absolute, others Limited and Determinable.  
He forfeited all his Goods and Chattels, which he had at the time of his Conviction, Absolutely; not to be Restored by Purgation or Pardon.  
He also forfeited and lost, 1. His Liberty, being to continue a Prisoner. 2. His Capacity of Purchasing most Goods or Chattels, and of Taking and Retaining the Issues and Profits of his Freehold Land to his own Use. 3. His Credit, so as not to be a Witness, Juror, 〈…〉 Three Penalties he Romained till his Purgation. But, by that, they were D●t●r●●ined. As soon as he had made his Purgation, he was Restore● to his Liberty, Capacities, and Credit.  
Purgation was the Convict's clearing himself of the C●ime, by his own Oath, and the Oaths or Verdict of an Inquest of Twelve Clerks (as Compurgators.) The Proceeding was Before the Ordinary. And, for the manner of it, Old Books speak of their making Proclamation for Persons to come in against his Purgation, and of their enquiring into his Life, Conversation, and Fame, and of other Formalities. In all which, several Statutes say, there were great Abuses. But it is certain, that, upon his Acquittal, the Ordinary pronounced him Innocent, and absolved from Infamy. And thereupon he was Discharged from the Imprisonment, Incapacities, and Discredit Incident to the ●elony.  
The Statute, 4 H. 7. brings in a new thing, Appointing that every Person Convict of Felony, should be marked in the Hand by the Gaoler in open Court, Before he should be Delivered to the Ordinary. And This, was partly that they might taste of Corporal Punishment; But, principally to notify that they had had their Clergy. For, the same Statute, taking notice that Men were emboldened to Commit Murder, Rape, Robbery, and other Felonies, because they had the Benefit of Clergy toties quoties, Ordains that no person, who was once admitted to that Benefit, should ever have it again for a following Offence, unless he were within Orders and produced his Letters of his Orders, or a Certificate of them.  
For this Act, Perkin Warbeck in his Declaration against H. 7. Brands him as an execrable Breaker of the Liberties and Franchises of holy Church.  
Then comes the Stat. 18 El. C. 7. which, for so much as Concerns this Question, I desire to Read. It is in these Words.  
For the Avoiding of sundry Perjuries and other Abuses in and about the Purgation of Clerks Convict, delivered to the Ordinaries, Be it Enacted that every Person which shall be Admitted and Allowed to have the Benefit or Privilege of his Clergy, shall not thereupon be Delivered to the Ordinary as hath been accustomed, But After such Clergy allowed, and Burning in the Hand according to the Statute in that behalf provided [meaning that of 4 H. 7. shall forthwith be Enlarged and Delivered out of Prison by the Justices before whom such Clergy shall be Granted, that Cause notwithstanding.  
Then there follows a Proviso to this effect.  
Provided nevertheless, and be it Enacted that the Justices before whom any such Allowance of Clergy shall be had, may for the further Correction of such Persons, Detain and Keep them in Prison for such Convenient time as the same Justices in their Discretions shall think Convenient, so as the same do not exceed one Years Imprisonment.  
This Statute refers to That of H. 7. and follows the Order of it. As That appointed that the Convict should be Burnt before he should be delivered to the Ordinary to have the Benefit of Purgation. So This of 18. El. Appomts that he shall be Burnt before he shall be Discharged by the Justices, and have the Benefit thereby Intended (instead of Purgation.)  
The Council for the Noble Lord at the Bar say, that the Allowance of Clergy by Virtue of this Act, freeth this Man, and makes him Rectus in Curia, as if he had made his Purgation; and that by this Statute he is first pardoned his Crime, by being Allowed the Benefit of Clergy, without making his Purgation; and afterwards to be Burnt in the Hand before he be delivered out of Prison, and so the Burning is a Condition precedent to his Getting out of Prison, not to his being Restored to his Credit.  
But I am to seek for any Ground for this Notion in this Statute. It doth not Require Clergy to be Allowed, nor Give any new Virtue or Operation to it, when Allowed. It supposeth such a thing to be by Virtue of the Common Law: But there it leaves it, if there be nothing more done. It is one Clause consisting of two Parts; 1. Negative; He that is Allowed his Clergy, shall not be Delivered to the Ordinary. 2. Affirmative; But after that, and Burning in the Hand shall be Delivered by the Justices.  
Now, If it had stopped at the first Part, it had been so far from Pardoning or Restoring any Clerk Convict, that it had put all into the same Condition that those were, who were without, Purgation viz. to be perpetually Imprisoned, and Infamous. Indeed, it had not been Reasonable to take away such a Privilege from the Subjects, without some Recompense, and therefore it did not stop there: But proceeds to the 2d. Part, and Provides that those who before were Delivered to, and by the Ordinary, shall now be Delivered by the Justices. But withal, it Declares when, and upon what Terms, viz. After Clergy Allowed, and Burning in the Hand. And This is a Satisfaction to be given to the Law, before they shall have the Benefit of it.  
I Agree if this Convict had made that Satisfaction to the Law, he might have been a Witness; for, in that Case, he would have been freed from his Discredit by Virtue of the last Words of the said Cause. 'tis true, the Words are only [shall forthwith be Enlarged and Delivered out of Prison by the Justices] which Literally Import nothing but Restoring his Liberty. But, under this prime Instance, are Implied and Intended all other particulars which a Convict might be Discharged of by means of Purgation. It was never the Intent of the Statute merely to set him at Large, and leave him a Felon Convict. But when it is said Delivered, 'tis meant Delivered Free, freed from all Incident further Penalties, as he might have been if Delivered upon Purgation. This is a Reasonable Construction: to a Man that observes the Opposition in the Words, the Sense will appear to be as if the Lawmakers had said, that instead of being Discharged a Culpa et poenâ by the Ordinary, upon a tedious proceeding to Purgation, he shall now be so Discharged by the Justices, forthwith.  
And this also is necessary to Vindicate the Justice of this Law; for, since it takes from him the means he had of Regaining his Credit, it is but just it should Restore it to him by this Way.  
'tis Objected, that it may as well be said that he shall not be Restored to Credit till he have suffered Imprisonment, not exceeding a Year, as that he shall not be Restored till Burnt. But, That receives an easy answer; for, if it were for it would not Avail this Person. But, I take it to be otherwise. A Convict is Discharged from Imprisonment and all other Penalties incident to the Conviction, forthwith upon his Burning in the Hand. But if there be a Commitment made by Virtue of the Proviso, it is a Collateral and a new thing, and the Party is not then in Prison by Virtue of his Conviction, but by afresh 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. The Proviso calls it a further Correction.  
As to the manner in which this Statute works this full Discharge, it hath been Disputed whether it be by Supply of Purgation, or rather by a kind of Statute-pardon. But, I think, that by force of the Statute the Party is Purged and freed of the Felony, and all Penalties incident to it in nature of a Pardon.  
In what manner soever the Statute works it, 'tis manifest that it doth it not But upon a Condition precedent, viz. After Clergy allowed, and burning in the Hand. Now, this Person hath his Clergy allowed, but is not Burnt in the Hand, (not has any Pardon for it.) And therefore is not yet Entitled to the Benefit of this Statute. My Lord's Council say he is, because he hath his Clergy allowed. But, That is claiming the Advantage upon the performing of one Part of a joint Condition, which ought not to be had but upon performing Both. They might as well have pretended to it before the performance of either; The Statute says, after Both Clergy and Burning. They say also, that this Burning is no part of the Judgement, as hath been held in the Case of an Appeal. Be it so. But, I say, 'tis a part of the Condition in this Statute.  
There is no Case in our Books against this Opinion. (But, on the Contrary, there are Authorities for it.)  
Holcrofts Case is in no sort applicable 〈◊〉 this Case; as was truly observed by the King's Sergeant.  
The Opinion of my L. C. J. Hobart in Searl and Williams Case, rightly Considered, Confirms this. I have borrowed the Book from the Gent. at the Bar, and Read it. He saith expressly that where a Convict is Liable to be Burnt in the Hand, he is not Discharged and Restored without it; because the Statute says After Burning. But from thenceforth the Statute frees him from all further Punishment. But, he saith, that where he is not Liable to Burning, he shall have the same Benefit immediately upon the Allowance of Clergy only. So it was in the Case before him; which was that of a Clerk in Orders: for, Searl was a Clergyman. Parson of Heydon German in Essex, and Convicted of Manslaughter. So it is, he says, in Case where the King pardons the Burning. And the last Words in the Case clearly show his meaning, viz. where the Statute says, After Burning, it Imports where Burning aught to be etc.  
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.  
As I Remember, there hath been but one Authority more mentioned, and that is of my L. C. J. Hale, in his Summary of the Pleas of the Crown. I have Got hither that Book Also. To my understanding, He plainly Declares the same Opinion; and Cites the  Case of Searl for Proof of it. His Words (so far as they Relate to this matter) are These;  
What the effect of Clergy allowed?  
In Ancient time the Consequent was Delivery to the Ordinary, either to make Purgation, or Absque Purgatione, as the Case Required.  
But by Stat. 18 El. C. 7. Now only Burnt in the Hand, which hath these effects,  
1. It enables the Judges to Deliver him out of Prison.  
2. It Gives him a Capacity to Purchase Goods, 
Foxley's Case, 5 Rep.  and Retain the Profits of his Lands.  
3. It Restores him to his Credit. Hob. Seales Case.  
The Word [which] used Here (whatever else it Do, or Do not Refer to) doth containly Refer to the next Antecedent, that is, Burning in the Hand. and the Two Books which this most Learned Judge Cites, are full Authorities that 'tis This Burning which enables the Court to Deliver him, and that That Delivering which is then Due to him is, by good Construction, in lieu of a Pardon, which Restores him to his said Capacity and Credit.  
To Conclude; The Candition Precedent, upon which the Restitution of this Person's Credit Depends, is not Performed (by his undergoing the said Punishment) nor Discharged (by the Kings Pardoning it;) and therefore he is not a Legal Witness.  E. of Rochest. 
If the rest of my Lords the Judges be of the same Opinion, so; and I hope you will not oblige them to deliver their Opinions at large to take up your Lordship's time with Arguments of any length, for the Matter has been, I think, sufficiently debated.  L●. Ch. Baron. 
My Lords, I am of the same Opinion.  Mr. Justice Nevil. 
And so am I  L. H. St. 
My Lord Warwick, Have you any thing more to say to this Question?  E. of Warw. 
No, my Lord.  L. H. St. 
Then what is your Lordship's Pleasure? Is this Man to be admitted a Witness, or not?  Lords. 
No, no; we think by Law he can't be a Witness.  L. H. St. 
My Lord Warwick, my Lords are of Opinion, That this Person cannot be admitted as a Witness for you.  E. of Warw. 
My Lords, I submit to your Lordship's Judgement in the Matter.  E. of Nottingh. 
My Lords, I am very glad your Lordships have had this Matter debated by the Council, that so it might be settled: All my Lords the Judges that are here, it seems, are of Opinion, that this Man can be no Witness, and therefore his Testimony must be rejected. But there is another Proposal that I have to make to your Lordships, of a Point that I think aught to be considered of: My Noble Lord at the Bar did suppose that he had proved before your Lordships, that he went into the Field not to fight on the side of the Party that was killed, but on the other side; and indeed that he went not to fight, but to prevent a Quarrel, and thereupon he did start a Question, Whether it should not be a Presumption in Point of Fact and Law, that he, being on the side of the Party that was killed, should not be reputed Innocent of his Death? Now I confess, upon the starting of this Objection, I doubted of it, Whether if any one were present at the kill of a Man, where several People were engaged in fight, on what side soever such a Person were, either on the side of the Party that was killed, or on the other side, yet whatsoever Crimes it was in those that killed him it was the same Crime in those that were present at the Action. My Lord of Warwick did desire, that his Council might be heard upon that Point, if there be any Question with your Lordships in that Case, and my Lord desires his Council may be heard to that Matter; it may occasion a Matter of Debate, which cannot be in this place openly, but must be between your Lordships among yourselves: Indeed I think it reasonable, that Council should be heard upon the Case.  L. H. St. 
My Lords, I think you are not arrived at that Question yet; you are not to take for granted any part of the Fact, but are to debate among yourselves, after the Proof is over, what that Proof do amount to.  E. of Roch. 
Indeed, my Lords, I hope you will not suppose any thing, and so take it for granted, that may occasion any Debate, because that is not to be done here in this place, but we must adjourn to another place for it: The bare putting of a Case by a Prisoner at the Bar, does not make that to be the Case truly in Point of Fact; for as far as I heard and understood the Noble Lord's Proposal at the Bar, what he desired to have his Council heard to was, That he being one of Six that went into the Field, but going with a Design to part them, and not with any intention to promote the Quarrel ch●●ld not be in equal degree of Gild with those that were on the other side, who kille● the Party: But now, my Lords, I take it, it is far from being granted o● the other side that that is the State of the Fact; nay, my Lord himself owns that he was in the Field, and that he was engaged in the Combat with Mr. James, and then the Question must the that is to be debated, Whether a Party that is concerned in a Quarrel where a Person is killed, is in equal degree guilty with those that were on the other side against the Person that was killed? And then the Question would be far different from what it would be otherwise, and as his Lordship did propose it; and if there be a Doubt in Matter of Fact, That aught to be settled here in this place, that afterwards it may be considered in another.  E. of Nottingh. 
My Lords, I cannot but agree with that Noble ●ord, that the Matter of Fact ought to be settled, and then if any Debate arises thereupon, your Lordships are to return to your own House, and there to debate what is your Judgement upon that Matter of Fact: But whatsoever Motion is made by the Noble Lord at the Bar, wherein he desires to have his Council heard; that I suppose may be considered here; and this Point having been starred by my Noble Lord at the Bar as a Point of Law and not of Fact, I desire to remind him of it, to know whether he does insist upon it; if he does not move to have the Matter argued, then there is an end.  L. H. St. 
My Lords, I do not think you will hear Council upon a Matter of Fact, and therefore it is not ripe (till the Fact be settled) for you to hear Council.  E. of Warw. 
My Lords, I humbly pray, That you will hear my Council as to that Point.  L. H. St. 
My Lord, this is a Matter of Fact indetermin'd, and not a Matter of Law: What Opinion their Lordships will be of when they have considered the Proofs as to the Fact, is one Step; when that is over, it will be the proper time, if any Doubt be remaining with their Lordships in Point of Law, to hear Council, but upon bare Matter of Fact Council is not to be allowed.  E. of Roch. 
My Lords, if there be any Debate among the Lords, Whether it be a Matter of Fact, or a Matter of Law, we must go up to our own House; but upon any Point of Law where Council is to be heard, it must be in this Place in the Presence of the Prisoner, and afterwards your Lordships will Debate it among yourselves.  E. of Nottingh. 
I hope, my Lords, the Council would not state the Case otherwise than as it is really in Point of Fact; nor can this Noble Lord hope, that any thing will make an Impression upon my Lords, but what from the Fact rightly stated, but what is supported from the Evidence; and that which my Lord proposes, is to have his Council heard to a Matter of Law, which your Lordships will be Judges of after you have heard it, whether there be any weight in that which he supposes to be his Case, That a Person assisting in a Combat on the side of him that is killed, is in equal degree of Gild with them that are on the other side; That possibly, if the Fact be agreed, may be a Point sit to hear Council to, before your Lordships go to Debate it amongst yourselves.  D. of Devon. 
If I am not mistaken, my Lord of Warwick owns his being one of them that fought, for he has offered Witnesses to prove, That he received a Wound in his Hand by fight: If my Lord of Warwick thinks, that there is a difference between his being on Mr. Cootes side, and theirs that were on the other side, he would have his Council heard, how far it will difference his Gild and the Nature of the Crime from what it was with them on the other side, I cannot think that can be to any great purpose to have that Argued, but if your Lordships please, you may hear his Council what they have to say to that Matter, but otherwise I cannot think, but that his Lordship will acknowledge that the Matter of Fact, that he was engaged in the Quarrel.  E. of Peterb. 
My Lords, I desire, if this be a Point, that my Lord's Council should be heard to that; it should be stated as a Point of Law, and then your Pordships will consider of it.  L. H. St. 
As well as I could apprehend it, as it was offered by my Lord Warwick, this was what he desired to have his Council heard to: Tho the Persons engaged in the Quarrel on the opposite Party to Mr. Coote have been tried, and found guilty of Manslaughter, yet he is not in equal degree of Gild with them, he being engaged on Mr. Cootes side, and therefore his Lordship's Case differs from theirs who fought against Mr. Coote. This Point he would have Argued by his Council before your Lordships, as a Matter of Law founded upon the Fact; now the Fact of the Case must arise from the Evidence as it has been given, which has not yet been debated or settled by your Lordships, and till that be agreed to be the Case, no Question of Law does properly arise.  D. of Leeds. 
My Lords, if possible I would put this Matter into its true Method, for indeed I think we have been all this while out of the way. The Noble Lord at the Bar has desired to have his Council heard, this House has allowed him Council in Matters of Law, I would desire that the Council would state the Case so to your Lordships, that it may appear to be a Case fit to be Argued, that so it may receive your Lordship's Judgement thereupon. My Lord's own bare proposing of such a thing, will not be enough to incline your Lordships to be of Opinion, perhaps, one way or other; but I would pray your Lordships, That you would direct the Council that are assigned for my Noble Lord at the Bar, to propose that to your Lordships as a Point of Law that he ought to insist upon; I think it is apparent to every body, that no Point of Law can arise but upon Matter of Fact, which is agreed to be Proved in any Case; now the Proofs of the Fact we have heard; now that which I would propose to your Lordships is; That instead of Hearing his Council to Argue in Point of Fact what is not yet agreed upon to be the Fact, they should state such a Point of Law as they would Argue upon; and than whether you would think it a Point of Law, or not a Point of Law, we must go into another place, where it may be debated, whether it be such a Point of Law as that Council should be heard to it.  E. of Peterb. 
My Lords, I hope you will forgive me for interposing in this Matter, but that which I have to say to it is this, I am far from giving any Opinion as yet, as to the matter of Fact, whether my Lord of Warwick was Mr. Cootes Friend or his Enemy; I know it is not a proper place for that Matter to be debated in, but my Noble Lord at the Bar desires to have his Council heard, as upon that Point, as if the Fact were agreed, Truly till the Fact be agreed, I question whether we can give any Judgement or Opinion one way or other: if I observed aright, the Evidence for the King aimed at somewhat else; I shall not say what my Opinion now is, till we come to debate it among ourselves; but here is a desire of having Council heard, but there is no Question of Law stated, but it depends upon a matter of Fact, which is not yet determined by your Lordships, before whom the Consideration of both Fact and Law doth lie, Whether a Person that is engaged on the side of the Party that's killed in a Quarrel, where several Persons on both sides are concerned, be as much guilty as those that are concerned on the other side.  M. of Norm. 
My Lords, I do suppose that you may hear the Council to state the Question, without your determining any thing upon it, as to your Opinion one way or other; for your hearing of Council is only in order to prepare your Lordships for the Debate among yourselves. If there remains any doubt with you, it seems my Noble Lord at the Bar has proposed that his Council should be heard; If the Council will state the Point to be Argued upon, your Lordships may here consider, whether it be such a one as it is fit to hear Council to, than no doubt you will hear Council to it. This I suppose you will hear from them, or otherwise your Lordships will not think fit to give yourselves the trouble to go and Debate that which is no settled Question to be Debated of.  E. of Roch. 
My Lords, I am afraid of necessity you must Adjourn to your own House, for I find my Lords are here Arguing one with another; some are of Opinion that the Council should state the Question, that they should he Herd upon; others of my Lords are of Opinion, that it is only a matter of Fact, not a Matter of Law, upon which Council should be Herd; than it must be Debated between your Lordships, which is not proper for to do here, therefore I would Humbly move your Lordships, that you would Adjourn to your own House.  E. of Pet. 
I suppose your Lordships will be pleased to inquire of the Council, whether they do insist upon this Point, or no.  L. H. St. 
My Lord Warwick, if your Lordship insist that your Council should be heard upon the Point which you have offered, it seems there is such a difference of Opinion among my Lords, that for the Debating of what shall be done in the Case, my Lords must Adjourn; but if you do not insist upon it, they will go on in the ordinary Method, to consider of the Evidence that has been given, after it is summed up on both sides; for if you have no more Evidence to offer, you are to make your Observations upon the Evidence that has been given.  E. of War. 
My Lords, I submit it upon the whole Matter to your Lordships, whether my Council can be heard, or not, to that Point; How far I being of Mr. Cootes side, can be guilty of his Death.  L. H. St. 
That is a matter of Fact which is not yet Determined, and therefore the Question which you suppose to arise upon it, is not yet ripe to be Resolved. If you have no other Witnesses to produce, that which remains, for I think I may properly acquaint you with the Methods of Proceeding, is that you are now on your part to sum up the Evidence that has been given, which is your own work, as not being allowed Council as to Matter of Fact; you are at liberty to make such observations as you may think for your Advantage upon the Evidence, and so to close your Defence.  E. of War. 
My Lord, I submit it upon the whole Matter to your Lordships.  L. H. St. 
Mr. Attorney-General, my Lord Warwick submits the Matter, as it has been proved, to their Lordships, without any summing up of the Evidence; you who are of the King's Council, if you think fit, will Sum up the Evidence on yours, in order to their Lordship's Consideration of it: This you know is the time for doing it. Make Proclamation for Silence.  Cl. of the Cr. 
Sergeant at Arms, make Proclamation.  Serg. 〈…〉. 
O Yes, O Yes, O Yes, My Lord High Steward of England, his Grace does ●●taitly Charge and Command all manner of Persons here present, to keep silence, upon pain of Imprisonment.  L. H. St. 
Gentlemen, you that are of the King's Council, now is your time to Sum up the Evidence for the King.  
Then Mr. Sollioiton● begun to Sum up the Evidence, but his Voice was so low, that he 〈◊〉 not be heard by the Lords that sat at the upper end of the House.  D. of Leeds. 
My Lords, I think it of so great importance to have a true State of the Fact and Evidence laid before us, and that we may hear what the King's Council do say at the summing up of the Evidence, that if my Lords be of my Opinion, we shall be very defective to know what Judgement we give when we come to give Judgement, unless we are thoroughly appriged of the Matter of Fact and the Proofs: I confess I am going to move, that which is a Thing according to the Orders of the House, much without the Rules of the House. That the Council should be heard in any other Place but where they are, at the Bar of the House; This is contrary indeed, I acknowledge, to the Orders of the House, and so my Motion is irregular; but yet, in order to our Satisfaction, that we might be enabled to hear what the King's Council do say to us, especially in Summing up the Evidence, I cannot but offer this to your Lordships; for we can no more hear the Council here, than if we were quite out of the House: Whether therefore your Lordships will please to order, that any Person that has a stronger Voice should Sum up the Evidence; Or whether 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, that he may come to the all, I must submit it to your Lordships. It would be a great Satisfaction for us to hear him, in order to our Judgement; but I acknowledge in this I do make an irregular Motion, as to the Orders that are usually observed by your Lordships: But I know not how to help it, in regard without hearing, it is impossible for us to form our Judgement.  E. of Roch. 
My Lords, I have a very great respect for every Motion that that Noble Lord who spoke last does make, and I am of his Opinion, That it will mightily tend to the Satisfaction of my Lords who are to give their Judgement in this Case, to hear both the Evidence and the Council, and what Observations are made on both sides; and that it is a great Disadvantage that the Council should have so low a Voice, that all my Lords should not be able to hear him: but yet I hope that may be remedied some other way then what is proposed by that Noble Lord; for if what he desire● were done, it will be obvious that in point of Precedent many Inconveniencies will incur upon breaking the Orders of the House, to comply with a Motion which is acknowledged by the Noble Lord himself, to be irregular; for it would be impossible to hear any body, if it be permitted to make such a great Noise without; and it is that which renders the Difficulty of hearing the greater. If that were quieted, your Lordships might hear this Gentleman as well as those of the other Council: Or if this Gentleman's Voice will not so well reach your Hearing, then there are other Gentlemen of the King's Council that have stronger Voices; and if any of them would Sum up the Evidence, I believe it would be better heard, and consequently better apprehended by your Lordships, for I had rather any Expedient should be found out to comply with the Orders of the House, and preserve them, than that any irregular Thing should be done for the breaking the Orders of the House, upon any Account whatsoever.  L. H. St. 
Make another Proclamation for Silence.  Cl. of the Crown. 
Sergeant at Arms, make Proclamation.  Serj. at Arms. 
O Yes, O Yes, O Yes! My Lord High-Steward of England his Grace does straight Charge and Command all manner of Persons here present to keep Silence, upon pain of Imprisonment.  E. of Bridgewater. 
Truly, my Lords, The Noise about the Court is so great, that we who sit much nearer to the Bar, than the Noble Lord who made the Motion for the removal of the Council into another Place, cannot hear Mr. Solicitor what he says, and therefore I think some of the Guard should be sent out to clear all the Passages about the Court, that there may be no Noise, for it is the Noise of the People without, that makes it so difficult to hear the King's Council.  L. H. St. 
Let some of the Guard without take care that there be not that Noise made; and whosoever does make a Noise, let him be taken into Custody.  
Then another Proclamation was made for Silence; upon which there was a greater Quietness in the Hall.  L. H. St. 
Mr. Solicitor, There is hopes now since there is not so great Noise as there was, that you may be heard by my Lords: You must use the best Endeavours you can, that you may be heard.  E. of Roch. 
If that Gentleman cannot speak out so well that he can be heard, those of the King's Council that have better Voices, must Sum up the Evidence.  Mr. Sol. Gen. 
My Lord, I speak as loud as I can.  E. of Roch. 
There are others of the King's Council, pray let them do it then; Mr. Attorney, he being nearer and within the Bar.  L. H. St. 
I know not whether Mr. Attorney be prepared for the Summing up of the Evidence, because he Examined the Witnesses, and the King's Council usually allot to themselves the particular Parts, which they intent to take.  E. of Roch. 
Then let Mr. Solicitor go on.  Mr. Sol. Gen. 
I would shortly observe to your Lordships, what Evidence hath been given to you on behalf of the King in this Case, against that Noble Lord the Prisoner at the Bar, for the Offence for which he stands Indicted. The first Witness that was produced was the Drawer at the Greyhound Tavern in the Strand, where this Quarrel, that was the occasion of the Death of this Person that was slain, happened; and he tells you that that night there was at his Master's House my Lord of Warwick, my Lord Mohun, Capt. French, Capt. Coote the Person that was killed, and Mr. Dockwra, and after they had been there some time that other Person that was the Sixth concerned in the Scuffle, Mr. James, was sent for, and he came in when it was pretty late; there they continued till One or two a Clock, and then they came down to the Bar, and Order was given for to call Coaches; but it being so late, and Sunday morning, they could not find Coaches, and then there was Orders for the getting of Chairs; when some Chairs were brought, Mr. Coote and Mr. French went into two of the Chairs, but my Lord Mohun interposed, and said there should be nothing done that night, and that if they went away he would call for a File of Musqueteers from the Guard, and secure them, and thereupon they came out of the Chairs, and went into the House, and there was the Noise of Swords clashing heard at the Bar; Capt. Coote said he would Laugh when he pleased, and Frown when he pleased, and they parted; Three were on one side, and three on the other of the Bar, my Lord of Warwick, my Lord Mohun, and Capt. Coote, were on one side; Capt. French, Capt. James, and Mr. Dockwra, were on the other side: Indeed he says my Lord Mohun and my Lord Warwick did what they could to pacify them, and threatened to send for the Guards, but away they went. The next Witness was Thomas Browne, and he was the Chairman that carried Mr. Coote, and he says, That there was an Endeavour by my Lord of Warwick, and my Lord Mohun, to put off the Business at that time, and that they did what they could to have put it off and that even after they were in their Chairs, when they were turned up St. Martins-Lane, there they stopped at the Back Door of the Cross-Keys Tavern, and that while they stood there with their Three Chairs, Three other Chairs came by, and then Capt. Coo●e ●id them put up, and follow after those Chairs as fast as they could to Leicester-fields.  
The next Witness is William Crippes, who was the other Chairman that carried Capt. Coote, and he gives your Lordships much the same Account that Browne gave before, and his Evidence was just to the same purpose, That my Lord of Warwick and my Lord Mohun endeavoured to pacific the Matter, and that there should be an end of the Business for that night, and let it alone till another time, and that my Lord Mohun threatened to send for the Guards, and secure them, and would have had them gone home, that is, Mr. Coote either with him to his Lodging, or he would go to Mr. coot, but he could not prevail: Then my Lord Mohun said, If he would go on, his Lordship would go and see an end of the Business.  
The next Witness was one Crattle, who was one of the Chairmen that carried my Lord of Warwick, and he says, That my Lord Mohun and my Lord of Warwick did endeavour what they could to put off the Matter till the next morning, but that they could not prevail; That afterwards, when he carried my Lord from Leicester-fields to the Bagnio, my Lord borrowed a Handkerchief of him to wrap his Hand in, for he said he was wounded, but by whom that Wound was given does not appear, nor how he came by that Wound any otherways then as his Lordship himself says, that it was given him by Mr. James.  
The next was the other Chairman that carried my Lord of Warwick, which was John Gibson, and his Testimony need not be repeated, because it did not differ from the others. The next Witness was Robert Applegate, who was the Chairman that carried my Lord Mohun, and he says, That there was an Endeavour used by my Lord upon his setting down in St. Martins-Lane, to quiet Capt. Coote, and prevent any Quarrel at that time, but he says, when they would go on, my Lord Mohun said he would go and see the end of it, and thereupon they went on towards Leicester-fields to the end of Greenstreet, which is at the lower end of the Square.  
The next Witness was Palmer, who was one of the Chairmen that carried Mr. French to the Bagnio in Longacre, and he tells your Lordships what happened upon his carrying of him thither, how immediately after his coming there my Lord of Warwick came thither, and they knocked at the Door the same time, and that Capt. French was very much wounded, and they went into the House together, and that French would have had them pull off his  to see his Wounds, for he believed he was a dead Man.  
The next Witness was the Chairman which carried Mr. James, and he only tells your Lordships, That he carried a Gentleman into Leicester-fields, that my Lord Mohun endeavoured to have put off the Business for that night, but who the Person was that he carried, he cannot so well tell, nor give an account of; but when he had set him down at the further end of the Square, there he left him, and he knows no farther.  
Then there was the Surgeon at the Bagnio in Longacre, who gives your Lordships an account, That about Two of the Clock in the morning on the Sunday, my Lord of Warwick and Capt. French came in there, Capt. French was wounded in the Body, and my Lord Warwick was wounded in the Hand, and my Lord Warwick did take extraordinary Care of Capt. French, and would not have the Door opened to any body, nor his Lordship known to be there; That afterwards Capt. James and Mr. Dockwra came to the Door, and my Lord came to the Door himself, and when he saw who they were, he ordered them to be let in, and that there was a Discourse about going into the Country, and that there was a fear that Coote was killed. This is the Effect of the Testimony both of the Surgeon and his Servants, and 〈…〉 be observed; That when Capt. French came in, his Sword was nor bloody, but my Lord of Warwick's Sword was bloody almost all over, and that was 〈…〉 of the next day, and there are several Witnesses both Men and Women of 〈◊〉 House that give your Lordships an account much to the same purpose; Then 〈◊〉 was Capt. Duckinfield, who says, That my Lord Warwick came to his Lodgings, and they went in a Coach together to the Tavern in Cornbill, and then there was a Discourse of going into the Country, and my Lord said▪ That he was afraid his Friend Mr. Coote was killed, but they had no absolute New of his being killed at that time, for it should seem my Lord of Warwick forsook the Field as 〈◊〉 as the Fatal Stroke was given, which by whom given it was, is left to your Lordship's Consideration; Indeed it is pretended by my Lord, that the Wound that he had in his Hand was given him by Mr. James, but nothing of that is made apparent to your Lordships upon the Proofs.  
Then we came to give your Lordships an account of the nature of the Wounds that Mr. Coote had in his Body, and for that we produced both the Surgeon that did probe the Wounds by the Order of the Coroner, and the Coroner himself; Indeed we could not get a positive answer from either the Surgeon or the Coroner, whether the Wounds were given by one and the same Sword, or by different Swords, but then your Lordships have the Testimony of Mr. Turner, who was Capt. Cootes Servant, and who knows his Master's Sword, and it hath been shown to him; and he says that is his Master's Sword that he went out with, and it can be easily judged whether he could give himself those Wounds by that Sword.  
And your Lordships have likewise had brought before you another Sword, which was left at the Bagnio in Longacre, that was Capt. French's, that had no Blood at all upon it, but my Lord of Warwick's, 〈◊〉 by all the Evidence, had a great deal of Blood upon it.  
Then came the Witnesses for the Prisoner at the Bar, this Noble Lord, my Lord Warwick, and the Sum of the Testimonies that they have given is of a great deal of Kindness between my Lord Warwick and Capt. Coote; That my Lord lent him a Hundred Guinea's to purchase his Commission in the Guards, and he had but Three of Four hundred Guinea's which was necessary to make the Purchase, and there are several of them that do Testify, that they always looked upon Capt. Coote and my Lord of Warwick to he very good Friends, and that there never was any Quarrel between them; and that is the Sum of what the Evidence on that side did Testify. And this my Lords, I take to be the Sum of the Evidence that has been given on either side, and when I have laid it thus before your Lordships, I must submit it to your Lordship's Judgement what Opinion you will be of upon the whole Matter; only there is this one Observation that I would make to your Lordships upon this Evidence, That there is not one Witness that has given you an Account satisfactory by whose Hand these Wounds were given to Mr. Coote; and therefore, though it is apparent my Lord of Warwick was in the place, where the Mortal Wound was given, yet by whose Hand it was given is not known; until that can be known every Person that was there must remain under the Imputation of the same Gild, as having a Hand, and contributing to his Death: it is certain, and cannot be denied, that this Noble Lord, my Lord at the Bar, was in the Field, wherein there was actual Fight; for he does not deny it himself, but says, that he was engaged particularly with Capt. James, when Capt. Coote was engaged with Capt. French, between whom, as it is alleged, the Quarrel was; but that is no way in Point of Fact made appear to your Lordships, and there being such Suspicions and Circumstances of the Blood upon my Lord of Warwick's Sword, and the great Concern that he was in when he came to the Bagnio, and desiring to be concealed, and that no body should know that he was there, and the Care he took of Mr. French, who is the pretended Person that did the Fact, is that which is to be submitted to your Lordships; and it is to be observed, that Mr. French's Sword was not Bloody, but only Dirty, but my Lord of Warwick's Sword was very Bloody from the Hilt to the Point, and he was in a great Consternation when he came into the House.  
There is likewise a Circumstance which your Lordships will please to observe, that even Mr. Cootes Sword was brought into the House by some of the Company that were there, and whatsoever this Noble Lord pretends of his Friendship to Mr. Coote, yet, it seems by his Care that he took of Capt. French, he had as much Friendship for him.  
There is another Circumstance that has been Testified, which it will be fit for your Lordships to take into Consideration, and make some Observation of; That is the nature of the Wound; It seems he had two Wounds, one on the left side of the Breast, near the Collar Bone, and that was downward, and yet his Man, that was here produced as a Witness, does Testify, that he was one that used his Right Hand, and then it is a wonder that he should receive such a sort of a Wound in that part; and the other Wound was on the left side too, but it was upward, and how that could be given by one that was a Right Handed Man, is certainly a very great Wonder; and the Wounds being both given upon the same side, it cannot but be concluded, that they were given by one and the same Sword.  
Another Circumstance which relates to my Lord of Warwick is, that when he came into the Bagnio after the Fact was over, he would have himself denied to be there, and went to the Door when James and Dockwra came in, and his declaring his desire of going into the Country; These, we say, are Circumstances that do induce a Doubt, That my Lord of Warwick had a Concern upon him of great Gild of having a Hand in this Man's Death: It is indeed pretended by my Lord of Warwick, That Mr. Coote was a Person that my Lord of Warwick had a Kindness for, but it is plain by the Evidence, that he left him dead in the Field, and did not take any Care of him, but took a great deal of Care of Capt. French, who, it is pretended, was the Person that fought with Coote, when he came to the Bagnio, and there is nothing of Kindness at this time pretended, nor any thing of a Defence to this Matter offered by my Lord of Warwick, but only what the Chairmen say, that he endeavoured to put it off to another time. These, my Lords, are all the Observations that I shall make upon the Evidence in this Case; How far this Evidence, upon Consideration, will weigh with your Lordships, I must submit it to you. If my Lord of Warwick did do the Fact, as these Circumstances, we think, may incline your Lordships to believe he did, it will surely he Murder; but how far the Evidence comes up to the Proof of that, we must humbly submit to your Lordships, who are the Judges of it; and we leave it entirely to your Consideration upon what you have heard.  L. H. St. 
Then it seems you have done on all sides.  Council. 
Yes, my Lords.  Lords. 
Then Adjourn, Adjourn.  L. H. St. 
Is it your Lordship's pleasure to Adjourn into the House of Lords?  Lords. 
Ay, Ay.  L. H. St. 
This House is Adjourned into the House of Lords.  
Then the Lords went back to their own House in the same Order they came into the Court in Westminster-Hall, and Debated the Matter among themselves, what Judgement to give upon the Evidence that had been heard, and in about Two Hours time they returned again into the Court, erected upon the Scaffold in Westminster-Hall; and after they were Seated in their Places, the Lord High Steward being Seated in his Chair before the Throne, spoke to the Lords thus;  L. H. St. 
Will your Lordships proceed to give your Judgement?  Lords. 
Ay, Ay.  L. H. St. 
Your Lordships will give me leave, as I ask your Lordships your several Opinions, to take so much time as to write down the Opinion of every Lord.  Lords, 
Ay, Ay.  
Then the Lord High Steward asked this Question of every one of the Lords there present, beginning with the Puisne Baron, which was the Lord Bernard.  L. H. St. 
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 Judgement thus,  L. Bernard. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  
The same Question was asked severally of all the Lords, who in the same Form delivered their Opinions, as followeth,  L. Haversham, 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Herbert of Cherbury, 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Weston. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Ashburnham. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Cholmley. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Jeffreys. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Godolphin. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Guildford. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Oselstone. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Osborne. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Craven. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Cornwallis. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Granville. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Berkly. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Laxington. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Reckingham. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Lucas. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Culpeper. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Vanghan. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Byron. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Jerm●n. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Leigh. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Raby. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Howard of Escrick. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. lovelace. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Hunsdon. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. North and Grace. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Wharton. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Eure. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Willoughby of Parham, 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Dadley. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Ferres. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Willoughby of Eresby, 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Audley. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Abergaveny. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. H. Steward. 
My Lord Viscount Lonsdale, Is Edward Earl of Warwick Guilty, etc.  L. Viscount Longaville. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Viscount Townsend. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. H. Steward. 
The Earl of Grantham, Is Edward Earl of Warwick Guilty, etc.  E. of Grantham. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Albemarle. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Tankerville. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Warrington. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Scarborough. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Torrington. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Marlborough. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Montague. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Portland. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Nochester. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Nottingham. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Yarmouth: 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Radnor. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Macclesfield. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Feversham. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Burlington. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Carlisle. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Bath. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Anglesey. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Essex. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Scarsdale. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Thanet. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Chesterfield. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Carnarvan. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Kingston. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Winchelsea. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Stamford. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Peterborow. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. Rivers. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Manchester. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Denbigh. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Leicester. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Bridgwater. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Dorset and Middlesex. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Suffolk. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Huntingdon. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Derby. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Kent. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  E. of Oxford. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. High Steward. 
My Lord Great Chamberlain, Is Edward Earl of Warwick Guilty, etc.  E. of Lindsey. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. H. Steward. 
My Lord Marquis of Normanby, Is Edward Earl of Warwick Guilty, etc.  L. Marquis of Normanby. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. Marquis of Hallifax. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. H. Steward. 
My Lord Duke of Newcastle, Is Edward Earl of Warwick Guilty, etc.  D. of Newcastle. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  D. of Scomberg. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  D. of St. Alban. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  D. of Northumberland. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  D. of Ormond. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  D. of Southampton. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  D. of Richmond. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  D. of Somerset. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  D. of Devonshire. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. High Steward. 
My Lord Precedent, Is Edward Earl of Warwick Guilty, etc.  D. of Leeds. 
Not Guilty of Murder, but Guilty of Manslaughter, upon my Honour.  L. High Steward. 
My Judgement is, That my Lord of Warwick is not Guilty of the Murder, but i● Guilty of Manslanghter, upon my Honour.  
Then the Lord High-Steward reckoned up the Number of the Peers that were there present, and the Opinions that were given, and afterwards acquainted their Lordships with the Resolution that they came to, in this manner.  L. H. St. 
My Lords, Your Lordships are Ninety three in Number here present, and you have all acquitted my Lord of Warwick of the Murder whereof he stands Indicted, but you are of Opinion, that he is Guilty of Manslaughter; Is it your Pleasure, that he should be called to the Barnes, and acquainted with your Lordship's Judgement?  Lords. 
Ay, Ay.  Cl. of the Crown. 
Sergeant at Arms, make Proclamation.  Serj. at Arms. 
O Yes, O Yes, O Yes! Chief Governor of the Tower of London, bring forth the Body of your Prisoner Edward Earl of Warwick forthwith, upon Pain and Peril will fall thereon.  Then the Earl of Warwick was brought to the Bar. L. H. St. 
My Lord of Warwick, your Lordship has been Arraigned upon an Indictment for the Killing Mr. Coote, you have pleaded Not-Guilty, and put yourself upon your Trial by your Peers here present; my Lords have heard the Evidence given both against you and for you, and have considered of it, and are come to a Resolution, and their Judgement is, That your Lordship is not Guilty of the Murder whereof you stand Indicted, but that you are Guilty of Manslaughter; What has your Lordship to say, why Judgement of Death should not be pronounced against you according to the Law?  E. of Warw. 
My Lords, I desire that the Benefit of my Peerage may be allowed me, according to the Statute of Edward the Sixth.  L. H. St. 
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 Citcumstances as you have been now under; my Lords hope this will be so sensible a Warning, that nothing of this kind will ever happen to you again; your Lordship is now to be Discharged.  L. H. St. 
Is it your Lordship's pleasure to adjourn to the House of Lords?  Lords. 
Ay, Ay.  L. H. St. 
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.  
FINIS.   

THE TRIAL OF Charles Lord Mohun.  
Die Mercurii 29 Martii, 1699.  
ABout One of the Clock, the Lords came in the same Order as the day before to the Trial of the Earl of Warwick, into the Court erected in Westminster-Hall.  Clerk of the Crown. 
Sergeant at Arms, make Proclamation.  Sergeant at Arms. 
O Yes, O Yes, O Yes, My Lord High Steward, his Grace, does Strictly Charge and Command all manner of Persons here present, to keep Silence upon Pain of Imprisonment.  Serj. at Arms. 
O Yes, O Yes, O Yes, All manner of Persons who are obliged to give their Attendance here this day, before his Grace, my Lord High Steward of England, let them give their Attendance forthwith.  Cl. of the Crown. 
Sergeant at Arms, make Proclamation again.  Serj. at Arms. 
O Yes, O Yes, O Yes, His Grace my Lord High Steward of England does Straight Charge and Command all manner of Persons here present to be Uncovered.  Cl. of the Crown. 
Sergeant at Arms, make Proclamation again.  Serj. at Arms. 
O Yes, O Yes, O Yes, Chief Governor of the Tower of London, bring forth the Body of your Prisoner Charles Lord Mohun forthwith, upon Pain and Peril will fall thereon.  
Then my Lord Mohun was brought to the Bar.  Lord High Steward. 
My Lord Mohun, your Lordship is now brought upon your Trial for the Murder of Mr. Coot, for which you stand Indicted by the Grand Jury for the County of Middlesex. The King, who knows that Justice is one of the Pillars which supports a Throne, will have a strict Account taken of the Blood of any of his Subjects, without Respect to the Quality of the Slain, or of the Person who stands Charged with his Death. There is not one of the Noble Peers here present, who are to be your Tryers, but does hearty wish your Lordship Innocent; But, on the other side, if you should appear to be Guilty upon the Evidence, you ought not to hope that any Consideration of Relation, Friendship, or Pity, will prevail against Justice. And therefore since in your present Condition every thing that is valuable in this World is at stake, it will be highly necessary for your Lordship to recollect yourself, and to have your best Thoughts about you. Facts of this Nature are frequently attended with such unhappy Circumstances, that a Noble Person may be justly covered with Shame to have Faults and Weaknesses exposed to such an Assembly as this, although he be not Conscious to himself of the Gild of Blood: But your Lordship ought not to be so far discomposed with any Thoughts of this Kind, as to neglect your Defence against this heavy Accusation of Murder. In order to this, it is necessary for your Lordship to hear with Temper what will be said against you, and by no Means to Interrupt the Council or Witnesses. I will take Care to give your Lordship notice when the proper time comes for you to make your Observations upon the Evidence, to Examine your Witnesses, and to say what you think proper for your own Defence; And when my Lords have heard, and fully and maturely Considered the whole Matter, their Lordships will give such a Judgement as the Law and Justice require.  L. H. St. 
Read the Indictment to my Lord.  Clerk of the Crown. 
Charles' Lord Mohun, your Lordship Stands Indicted in the County of Middlesex, by the Name of Charles Lord Mohun of Oakehampton in the County of Devon, late of the Parish of St. Martin in the Fields in the County of Middlesex, together with Edward Earl of Warwick and Holland, late of the same Parish and County, Richard French, late of the same Parish and County, Gent. Roger James, late of the same Parish and County, Gent. and George Dockwra, late of the same Parish and County, Gent. not having the Fear of God before your Eyes, but being moved and seduced by the Instigation of the Devil the 30th day of October, in the Tenth Year of the Reign of our Soverein Lord that now is, William the Third, by the Grace of God of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. with Force and Arms, etc. at the Parish aforesaid, in the County of Middlesex aforesaid, in and upon one Richard Coote Esq in the Peace of God, and of our said Sovereign Lord the King that now is, then and there being Feloniously, Wilfully, and of your Malice afore-thought, did make an Assault, and that the aforesaid Edward Earl of Warwick and Holland, with a certain Sword made of Iron and Steel of the value of 5 s which he the said Edward Earl of Warwick and Holland, in his Right Hand then and there had and held drawn, the aforesaid Richard Coote in and upon the left part of the Breast of him the said Richard Coote, near the Collar Bone of him the said Richad Coote, then and there Feloniously, Voluntarily, and of his Malice afore-thought, did Strike, Stab, and Thrust in, giving to the said Richard Coote, then and there with the drawn Sword aforesaid, in and upon the left part of the Breast of him the said Richard Coote, near the Collar Bone of him the said Richard Coote, one Mortal Wound of the breadth of half an Inch, and of the depth of 5 Inches, of which said Mortal Wound he the aforesaid Richard Coote then and there instantly died; And that you the said Lord Mohun, together with the said Richard French, Roger James, and George Dockwra, then and there Feloniously, Wilfully, and of your Malice afore-thought, were present, aiding, abetting, comforting, assisting, and maintaining the said Edward Earl of Warwick and Holland, the said Richard Coote, in manner and form aforesaid, Feloniously, Wilfully, and of his Malice afore-thought, to Kill and Murder, and so the said Edward Earl of Warwick and Holland, and you the said Charles Lord Mohun, Richard French, Roger James, and George Dockwra, the aforesaid Richard Coote, in manner and form aforesaid, Feloniously, Wilfully, and of your Malice afore-thought, did Kill and Murder, against the Peace of our Sovereign Lord the King, that now is, His Crown and Dignity. How say you, Charles Lord Mohun, are you Guilty of this Felony and Murder, whereof you stand Indicted, or Not Guilty?  Lord Mohun. 
Not Guilty.  Cl. of the Crown. 
Culprit, How will you be Tried?  L. Mohun. 
By God and my Peers.  Cl. of the Crown. 
God send your Lordship good Deliverance.  Cl. of the Crown. 
Sergeant at Arms, make Proclamation.  Serj. at Arms. 
O Yes, O Yes, O Yes, All manner of Persons that will give Evidence on behalf of our Sovereign Lord the King, against Charles Lord Mohun, the Prisoner at the Bar, let them come forth and give their Evidence, for now he stands at the Bar for his Deliverance.  L. Mohun. 
My Lords, I desire I may have the Benefit of Pen, Ink, and Paper.  L. H. St. 
Your Lordships are pleased to permit my Lord Mohun to have Pen, Ink, and Paper?  Lords. 
Ay, Ay.  
Pen Ink, and Paper were carried to my Lord, by one of the Clerks of the House.  Mr. Cooper. 
May it please your Lordships, my Lord Mohun, the Prisoner at the Bar, stands Indicted by the Grand Jury of the County of Middlesex before Commissioners of Oyer and Terminer in that County; and the Indictment sets forth, That Edward Earl of Warwick and Holland, Charles Lord Mohun, Baron Mohun of Okehampton in the County of Devon, Richard French, Roger James, and George Dockwra, the 30th of October, in the Tenth Year of His Majesty's Reign, with Force and Arms, at the Parish of St. Martin in the Fields, in the County of Middlesex, upon one Richard Coote Esq Feloniously, Wilfully, and of their Malice afore-thought, did make an Assault, and that the said Edward Earl of Warwick and Holland, with a drawn Sword then in his Right Hand, the said Richard Coote, upon the left part of his Breast near the Collar Bone, did Strike, Stab, and Thrust, giving him thereby a Mortal Wound of the breadth of half an Inch, and the depth of 5 Inches, of which Wound he instantly died; That my Lord Mohun, Mr. French, Mr. James, and Mr. Dockwra, Feloniously, Wilfully, and of their Malice afore-thought, were present, aiding, and abetting my Lord of Warwick and Holland, the said Richard Coote, in manner aforesaid, to Kill and Murder; And then concludes, so that the Earl of Warwick and Holland, the said Lord Mohun, Richard French, Roger James, and George Dockwra, the said Richard Coote, in manner and form aforesaid, Feloniously, Wilfully, and of their Malice afore-thought, did Kill and Murder, against the Peace of the King, his Crown and Dignity. To this Indictment my Lord Mohun has pleaded Not Guilty, and for his Trial has put himself upon God and your Lordships, his Peers. We shall call our Witnesses, and produce what Evidence we have to give to prove my Lord Mohun Guilty, and so submit it to you.  Mr. Attor. Gen. 
My Lords, This Noble Lord, my Lord Mohun, the Prisoner at the Bar, stands Indicted for the Death of Mr. Coote, one of the King's Subjects, as your Lordships have heard in the Case that was before you yesterday, to which Indictment he had Pleaded Not Guilty, and for his Trial has put himself upon my Lords who are his Peers; I shall very shortly open the Substance of the Evidence that we shall offer for the King against my Lord, the Prisoner at the Bar; We shall produce Evidence to prove, That at the time laid in the Indictment, the 29th of October at night, and the next morning, which was Sunday, my Lord, the Prisoner at the Bar, and my Lord of Warwick, (who has been found Guilty of Manslaughter upon this Indictment before your Lordships) and those other Persons that are named in the Indictment, Capt. French, Capt. James, and Mr. Dockwra, and the Gentleman that was killed, happened to be at the Greyhound Tavern in the Strand, which was then kept by Mr. Lockett, and continued there a great part of the night, indeed till the next morning, about One or two of the Clock in the morning; There was my Lord of Warwick, my Lord Mohun, Capt. French, Capt. Coote, and Mr. Dockwra, but very late in the night the other Gentleman, Mr. James, was sent for; A Messenger was sent particularly to have him come to them; There they continued Drinking till about One or two of the Clock in the morning, than Coaches were sent for; then the Drawer of the House will acquaint your Lordships, that he went for them, and could not get any at that time, being a very dark night; and when there could be no Coaches had, then there were Chairs called for, and the Drawer went to call Chairs; and, as we shall make it appear to your Lordships, when the Drawer came back, there did appear to be a Quarrel among them, for there was clashing of Swords, and they seemed to be divided into Two Parties, on the one side were my Lord of Warwick, my Lord Mohun, the Prisoner at the Bar, and Mr. Coote; On the other side were Capt. French, Capt. James, and Mr. Dockwra; and first there were two Chairs came to the Door, into which Mr. French and Mr. Coote went, and when they were in the Chairs my Lord Mohun came out, and said he would kill any of the Chairmen that went away, and so they put up again, and the Gentlemen came out, and came into the House, but afterwards Mr. Coote went into the first Chair, and my Lord of Warwick into the next, and my Lord Mohun into the third, and then they went away; and the other Three Gentlemen went into the other three Chairs, and followed them. Your Lordships will hear whither they were all carried; When they came to the End of St. Martins-Lane in the Strand, my Lord Mohun would indeed have endeavoured to have persuaded Mr. Coote in particular to have gone home for that night, and let the Business alone till another time, but Mr. Coote would go on; and while the 3 Chairs that carried my Lord of Warwick, my Lord Mohun, and Mr. Coote to St. Martins-Lane End, which were the 3 first Chairs that went away from Locketts, the other 3 Chairs that went after them overtook them, and then by Mr. Cootes Command, the Chairmen that carried him went forward towards Leicester-fields, and then this Noble Lord, my Lord Mohun, did say If you do go on, I will go and see the End of it, and ordered the Chairmen that carried him to go after those Chairs in which my Lord of Warwick and Mr. Coote went, and accordingly they did go till they came to the hither end of the Square in Leicester-fields near Greenstreet End, where my Lord Mohun got out of his Chair, paid for all the 3 Chairs 3 s But we shall not be able to give to your Lordships an Account particularly as to my Lord Mohun, what he did afterwards, but we shall call our Witnesses to prove what we have opened, and when our Witnesses are heard, we shall leave the Matter to your Lordship's Judgement.  
Samuel Cawthorne, which was the Drawer at the Tavern at Locketts, was Sworn, and gave his Evidence to the same Effect that he did the day before.  Mr. At. Gen. 
Pray, Will you acquaint my Lords who were at your House the 29th and 30th of October last, Saturday night and Sunday morning?  Sam. Cawthorne. 
There were my Lord of Warwick, my Lord Mohun, Capt. Coote, Capt. French, Mr. Dockwra, and Mr. James.  Mr. At. Gen. 
How long did they continue there?  Cawthorne. 
Till between One and two of the Clock in the Morning.  Mr. At. Gen. 
Pray, Will you acquaint my Lords what happened at your Master's House at that time; you remember what Evidence you gave yesterday; Tell the whole Matter again, because it relates to another Noble Lord that is now at the Bar.  Cawthorne. 
The Reckoning was called for about that time, and I went up and took the Reckoning, and all the Gentlemen came down to the Bar, and Coaches were sent for; I went for them, but no Coaches could be had; Then Chairs were sent for, and I called for Chairs, and there came Two Chairs to the Door, and into those Two Chairs went Capt. Coote, and Capt. French, and my Lord Mohun and my Lord of Warwick endeavoured to quiet them, and to put off the Business till another day, and thereupon they came out of the Chairs, and came into the House again; My Lord Mohun did desire there might be no Quarrel, and would have Mr. Coote go home with him to his Lodgings at Westminster, or he would go with Mr. Coote, and said there should be no Quarrel that night: There were then 3 of them of one side of the Bar, and 3 of the other side, and their Swords were all drawn: My Lord of Warwick, my Lord Mohun, and Mr. Coote, were of one side, and Capt. French, Capt. James, and Mr. Dockwra, were of the other side; I was without the House when their Swords were first drawn, but I heard my Lord Mohun say, I have got a cut Finger by endeavouring to part them, and at first when the Chairs came on, my Lord Mohun said, If they did Quarrel he would send to the Guards for a File of Musqueteers, and secure them, so that he did what he could to prevent any Quarrel at all; and when he had received the Wound in his Hand, I helped him to a Napkin to wrap his Hand in upon the Bleeding of it; Then my Lord of Warwick, my Lord Mohun, and Capt. Coote, went away in 3 Chairs, and my Lord Mohun gave Order to go down to Westminster; and there were 3 Chairs called for by the other 3 Persons, two did come, and Capt. French and Capt. James went away in them, and the 6th not being come, they stayed till it did come, and then they 3 went away too; The Chairs were all ordered to go home with them; My Lord of Warwick, and my Lord Mohun, gave Order to their Chairs to keep close with Mr. Coote; and the other 3 Chairs immediately followed.  Mr. At. Gen. 
Pray, Will you consider, and recollect with yourself, Was Mr. James there at first?  Cawthorne. 
No, I was sent for him about Ten a Clock at night, and there he continued with them till they went all away in the 6 Chairs, and he was almost Fuddled when he came in.  Mr. At. Gen. 
When James came in, Was his Sword drawn?  Cawthorne. 
His Sword was in the Scabbard, but the Scabbard was broken, and he took and broke his Sword stamping upon it.  Mr. At. Gen. 
Pray, can you tell, you being up and down in the Room, what was the occasion of the Quarrel?  Cawthorne. 
Indeed I can't tell, but some Words past when they were below stairs by the Bar from Capt. French, That he would Laugh when he pleased, and Frown when he pleased; and Mr. Dockwra did say, That they would fight them  they pleased when they went away, but I did not observe that there was any Quarrel between them while they were above, nor any Swords drawn till after I came from calling the Chairs.  Mr. At. Gen. 
Were all the Swords drawn at once?  Cawthorne. 
They were all drawn when I came in from calling for the Coaches and the Chairs, and 3 were within the Bar, and 3 were without; They were putting up their Swords when I came in again; Indeed I do not know any thing of the Quarrel.  L. H. St. 
My Lord Mohun, Will you ask this Witness any Questions?  L. Mohun. 
Indeed I think I need not ask him any Question, but yet, if your Lordships please, I would ask him this, Whether directly or indirectly I was any ways concerned in the Quarrel? Or, Whether I did not endeavour all that ever I could to quiet 'em.  Cawthorne. 
Yes, indeed, my Lord Mohun did endeavour all that ever he could to prevent any Quarrel at that time.  L. Mohun. 
Did I say any thing tending to the promoting of a Quarrel or Fight among them?  Cawthorne. 
No, my Lord Mohun did not promote any thing of the Quarrel between 'em, but he did say 2 or 3 times that he would send for the Guards to secure them, and keep them from Fight, both at the Door of the House, and at the Bar, and asked for a Napkin to wrap up his Hand in for the Wound which he said he got in endeavouring to quiet and part them, and prevent their fight.  L. Mohun. 
That is all that I would ask him, whether I did not endeavour all I could to prevent any Quarrelling or Fight at that time.  Cawthorne. 
Yes, indeed, my Lord did so.  L. H. St. 
He has said so already, my Lord, and therefore there does not need any further Examination of him to that Point: If both sides have done with this Witness, let him go down.  Which he did. L. H. St. 
Then Mr. Attorney, Who is your next Witness?  Mr. At. Gen. 
Our next Witness is Thomas Browne, who was one of the Chairmen that carried Mr. Coote into Leicester-fields.  Then he was Sworn. L. H. St. 
What is the Question you would ask him, Mr. Attorney?  Mr. At. Gen. 
My Lords, I desire he may be Asked and Examined, and acquaint your Lordships, who it was that he carried from Lo 〈◊〉 's the 29th of October last to Leicester-fields, and what time it was of the night?  Browne. 
I carried Mr. Coote in my Chair.  Mr. At. Gen. 
Whither were you directed to carry him?  Browne. 
To Leicester-fields.  M. At. Gen. 
What time of night was it?  Browne. 
It was 3 quarters past One, as near as I could guests.  Mr. At. Gen. 
Pray, What other Chairs were there that went along with you?  Browne. 
There were Two other Chairs.  Mr. At. Gen. 
Who were in those Chairs, pray?  Browne. 
There were my Lord of Warwick in one, and my Lord Mohun in the other.  Mr. At. Gen. 
Did you 3 go away from Lockett's together?  Browne. 
Yes, we did, and when we were bid to take up, we went to the end of St. Martins-Lane, and turning up at the end of St. Martins-Lane, there my Lord of Warwick and my Lord Mohun called out to Capt. Coote to stay, and to turn down to go to Westminster, but Mr. Coote would turn up the Lane, and my Lord of Warwick and my Lord Mohun made a stop at the Back Door of the Cross-Keys Tavern, and both of them persuaded Mr. Coote to put it off till the next morning, but he would not, he said he would make an end of it that night.  M. At. Gen. 
Pray, recollect yourself, Did they name among them what their Business was that they would make an end of?  Browne. 
No, they did not.  Mr. At. Gen. 
Who was it that stopped at St. Martins-Lane End?  Browne. 
When we were turning up at St. Martins-Lane End, my Lord of Warwick and my Lord Mohun called out to stop, and asked Mr. Coote whither he was going, and when he said to Leicester-fields, my Lord Mohun called out to us to set down, which we did, at the Back Door of the Cross-Keys Tavern; They did both of 'em, my Lord Warwick, and my Lord Mohun, persuade Mr. Coote to go home to Westminster, and not to end the Business that night, but he would go on, and while we were there, there went 3 other Chairs up St. Martins-Lane on the other side of the way, than Mr. Coote, who was in our Chair, bid us take up, and follow those Chairs into the Fields, and Swore Dam him he would run his Sword into one of us, if we did not make haste, and overtake those other Chairs, and go before them; I think his Words were, Damn me, I'll run my Sword in your Breech, if you don't make haste, and get before that other Chair.  Mr. At. Gen. 
You say then, they went all away together up to Leicester-fields.  Browne. 
Yes, they did so?  L. Mohun. 
I desire he may be asked, whether I did not desire him to go home with me to my Lodging at Westminster.  Browne. 
Yes, you did, and begged of him as if it had been for an Alms, That he would put it off for that night; but when the other Chairs passed by us at Charing-Cross in St. Martins-Lane, he would have the Chair taken up, and us to make what haste we could to get before 'em thither, or else he Swore Damn him he would run his Sword into one of us, if we did not make haste to get to Leicester-fields before the other Chairs that went up the other side of the way.  Mr. At. Gen. 
When the other Chairs were passed by, and you went away to Leicester-fields, pray tell my Lords what happened then?  Browne. 
We went away to Leicester-fields, and when we came to Green-street End, and were entering upon the Square upon the broad Stones, Mr. Coote called out to us, and bid us to set him down, and so did the other 2 Chairs, and when he put his Hand in his Pocket to discharge us, my Lord of Warwick put his Hand in his Pocket to pay the 3 Chairs, and Mr. Coote offered Half a Guinea to Discharge the Chairs, and my Lord Mohun did produce 3 s and with it discharged all the 3 Chairs, and they all 3 walked away together forward upon the Broad Stones on the Right Hand side of the way; It was so dark a night, I could not see half a dozen yards from me; It was the darkest night, I think, that ever I saw in all my Life, and therefore I cannot tell what became of them after they went out of the Chairs.  Mr. At. Gen. 
Pray, Did you see my Lord Mohun afterwards.  Browne. 
No, I did never see my Lord Mohun afterwards till now here at the Bar.  Mr. At. Gen. 
You say it was so dark, that you could not see 3 yards from you, pray, What did happen afterwards when you were in the Field?  Browne. 
A little while after we had set down these Gentlemen, I filled my Pipe out of my Box, and before I could light it, I heard a Calling Chairs, Chairs, and I went up towards the end of the Square, where the Noise was, and when I came there they would have had me lift the Chair over the Rails, and I told them, if I did I could not lift it over again; but they would needs have me lift it over, and I did so, and by the light of the Lantern I saw Capt. French and Capt. James holding up Capt. Coote, and they did desire me to take him into our Chair, but he was in such a Condition that I could not get him into the Chair; It was before I could well light my Pipe the Chairs were called.  Mr. At. Gen. 
Who did call, can you tell?  Browne. 
No, indeed I cannot tell who did call Chairs, but it was a Voice from the upper end of the Fields, and we lifted our Chair over the Rails into the Fields, and there were two Gentlemen holding up another Man; I have heard it said it was Capt. French and Capt. James, and they cried out, Dear Coote, Dear Coote, and would have had him gotten into the Chair, but we could not; and my Lord of Warwick did then say, If any damage did come to the Chair, though it were 100 l we should be satisfied the damage; but we were not able to get him into the Chair, and so there we left him.  Mr. At. Gen. 
You say you see Two Gentlemen holding up Mr. Coote, and 'twas a very dark night, How could you tell who those Gentlemen were?  Browne. 
I could not see any thing of 'em till we came up with the Candle close to 'em.  Mr. At. Gen. 
And what did they say when you came up close to the Chair?  Browne. 
They offered me 100 l Satisfaction for any Damage to my Chair; but they could not get him in, for he was at that time dead, I believe, for we went to hale him up, and to get him into the Chair, but we could not do it.  Mr. At. Gen. 
Can you tell who the Two Persons were that held him up?  Browne. 
No, but by the description of the Persons they had such  on as that they must be Capt. French and Capt. James, but indeed I cannot Swear directly who they were that were there, nor who they were that called for Chairs at the upper end of the Field; but when our Chairs was lifted over again over the Rails, and we came to the Corner to see who should be taken in, there came one to us who bid us carry him to the Bagnio in Longacre, and thither we did go accordingly.  
〈…〉 you tell who the Persons were that held up the 〈…〉 would have to be got into the Chair?  
〈…〉  
〈…〉 can you describe 'em so as to know 'em, whether 〈…〉 those two Gentlemen?  
〈…〉 and my Lord Mohun were not there, I'm sure, for I 〈…〉 with them before; and when I came up 〈…〉 was one of them was ●igger than my 〈…〉 and the ●lder of them had other sort 〈…〉 that time, as we could see when we 〈…〉  
〈…〉 any lights of the Lamps, that are usually in the 〈…〉 Square▪  
〈…〉 very dark Night, and we 〈…〉 that I am sure of, and there was nobody else that 〈…〉 the Field, 〈…〉 two Gentlemen, 〈…〉 we had brought up before to the Square, and 〈…〉 Lord Mohun at the bottom of the 〈…〉 tell 〈…〉 but 〈…〉 therefore they would not come. 〈…〉 coming up, and that we could not 〈…〉 over the Rails again, and 〈…〉  
〈…〉 and that is, how far the 〈…〉 that is 〈…〉 ●nd, to the place 〈…〉 again, at the upper end of the P●●●●, where ●e 〈…〉 holding up Mr. Coote, and endeavouring to get him 〈…〉  
〈…〉 as near as 〈…〉  
〈…〉 means fifty Yards from the upper 〈…〉 Fields?  
〈…〉  
〈…〉 at the very 〈…〉  
〈…〉 of St. 〈…〉  
〈…〉 in 〈…〉?  
〈…〉 other Chairs 〈…〉 of my 〈…〉 could 〈…〉 light 〈…〉 calling for 〈…〉 up our Chair 〈…〉 you, two Gentlemen holding up 〈…〉 my dear Coote▪  
〈…〉 it was that called for the Chairs the 〈…〉  
〈…〉 would 〈…〉 bring our Chair over 〈…〉 and when we came up to 'em, I saw only 〈…〉 they were particularly, till we 〈…〉 their Clo●●●s, by the Light of the Candle 〈…〉 us put Mr. Coote into our Chair, 〈…〉 would have had us carry him away; 〈…〉 not besides lift him over 〈…〉 have any satisfaction for damage 〈…〉 went to heave him 〈…〉 did all we could to have got him into the 〈…〉 we lifted the Chair over the Rails again; and when we came to the corner of the Rails, at the way that goes to Long-acre, there we took up a Gentleman whom we carried to the Bagnio; in the Long-acre we called out to the Watch, but they said it was not within their Ward, and they would not come.  Mr. Attorney General. 
Can you tell who were the Persons that were at the upper end of the Fields?  Brown. 
No, indeed, I cannot tell who they were.  Mr. Attorney General. 
Was my Lord Mohun ● and my Lord, Warwick the two?  Brown. 
No, my Lord Mohun was not there, no● my Lord Warwick; I know them so well, that it could not be them; one of the Gentlemen was bigger than my Lord of Warwick, and the other of them had 〈◊〉  than my Lord Mohun.  Mr. Attorney General. 
Was that the way they walked up, when they came out of the Chairs, that led to that end of the Fields where you found. Mr. Coote wounded?  Brown. 
Yes, it was.  Mr. Attorney General. 
My Lords, this is but the Repetition of the Evidence that he gave to your Lordships yesterday.  Lord High Steward. 
If you have done with this Witness, my Lord Mohun may ask him any Questions.  Lord Mohun. 
I desire to have him asked, how far is the place where he carried the Chair at first into Leicester-fields, from the place where they put over the Chair within the Rails, and would have taken in Mr. Coore?  Brown. 
It is about fifty Yards, as near as I can g●●ss.  Lord Mohun. 
I desire to know of him, whether the place where we were set down, that came in the first three Chairs, from Locket's into Leicester-fields, to the place where he found Mr. Coote supported by the two Gentlemen, be not from one end of the Fields to the other?  Brown. 
The place where we let down Captain Coote, is at the lower end of Green-street, and the place where we found him Wounded, was at the upper end by Leicester-bouse.  Lord High Steward. 
I think it is understood, that Green-street, which comes out of St. Martins-lane, is at one end of Leicester-square; and Leicester-house is at the other End.  Mr. Attorney General. 
Pray where was it that you saw the two Gentlemen hold up Captain Coote, and cry out, My dear Coote, My dear Coote?  Brown. 
It was on one side of the Gross way, that leads out of the Fields towards Newport-street, and by Leicester-house.  Mr. Attorney General. 
But you say, three Chairs did go up towards the upper end of the Fields?  Brown. 
Yes, they did so; but our three Chairs that came away first from the Grayhound-Tavern, set down at Green-street end, and the three Gentlemen that came in our Chairs went up the Pails to 'em; but whither they went I can't tell, but soon after we heard calling for Chairs again, and so we went up, where we found the two Gentlemen holding up Captain Coote, and saying, My dear Coote, My dear Coote.  Mr. Attorney General. 
But when you were called the second time, that is into the Fields, where was the place you say that you found them in?  Brown. 
It was within the Rails, one side of the Cross-way towards Leicester-house.  Lord Mohun. 
Pray was that the direct way that I went from the place tha●● was set down, that is the lower end of Green-street; to the place that they afterwards went to, which was the Bagnio in Long-acre?  Brown. 
When Captain Coote, and my Lord Mohun were set down, and walked away upon the paved Stones of the Square, to the place where I found the two Gentlemen holding up Captain Coote, was the quite contrary way from the end of Green-street to the Standard-Tavern.  Lord High Steward. 
Who is your next Witness, Mr. Attorney?  Mr. Attorney General. 
The next Witness that we call, is Robert Applegate.  
Who was Sworn.  Lord High Steward. 
What do you ask this Witness?  Mr. Attorney General. 
My Lords, this is the Chairman that carried my Lord Mohun to Leicester-fields from Locket's; he will give your Lordships an Account when he carried him, who he carried, and what happened afterwards, which is all but to the same purpose with the Evidence that he gave yesterday. But pray who was that whom you carried on the thirtieth of October last to Leicester-fields?  Applegate. 
I carried my Lord Mohun from Locket's, at the Grayhound-Tavern in the Strand to Leicester-fields.  Mr. Attorney General. 
Pray how many Chairs were there of you that went away together?  Applegate. 
There were three of us that went away together, one carried my Lord Warwick, we my Lord Mohun, and the third carried Captain Coote which was the first Chair that went away.  Mr. Attorney General. 
Whither did you go?  Applegate. 
We went to the corner of St. Martins-lane●  Mr. Attorney General. 
Who do you say were in the other two Chairs?  Applegate. 
My Lord of Warwick, and my Lord Mohun.  Mr. Attorney General. 
When they came out first, what orders or directions were given?  Applegate. 
My Lord Mohun said, that he and my Lord of Warwick, and Captain Coote, would go all three together down to Westminster, and there they would all lie together, or be together that Night.  Mr. Attorney General. 
What Answer was given to what my Lord Mohun said?  Applegate. 
Indeed I do not remember any Answer that was given at all; but after that my Lord Mohun went into the Chair, and ordered us to follow down the other two Chairs towards Westminster, and we put up the Chair and came away; and when we came to St. Martins-lane end, the Chair that carried Captain Coote turned up the Lane, and we being ordered to follow the other Chairs, went up the Lane too; but my Lord Mohun perceiving that they were not going down to Westminster, called out to stop, just when we were entered into St. Martins-lane, over against the back Door of the Cross-keys-tavern, and made the other Chairs to stand, and all the three Chairs were set abreast before that place, and my Lord Mohun asked Captain Coote whither he was going? and he answered to Leicester-fields; he b●g'd of him, as one would beg for an Alms, that he would not go that Night, for the Business could not be done that Night, and it were better to put it off till the next Morning.  Mr. Attorney General. 
Did they name what the business was that was to be done?  Applegate. 
No, but my Lord Mohun did say, 'twas impossible to be done that Night.  Mr. Attorney General. 
Well, and what happened afterwards, while you were in that place?  Applegate. 
While we were there, three other Chairs passed by us, on the other side of the way, and going forward up the Street; Captain Coote ordered their Chairs to follow, and so we did to Green-street end, and there we set 'em down.  Mr. Attorney General. 
Pray can you remember what was said by my Lord Mohun at the time when the other Chairs passed by?  Applegate. 
He was then desiring and begging of Captain Coote to go home to Westminster, telling him that it could not be done that Night, but it must be deferred till the next Morning; but Captain Coote said he would not delay it till the next Morning, but he would go to Leicester-fields that Night, and all three Chairs were ordered to go forward, and we did go on forward to Leicester-fields; my Lord Mohun, indeed, did beg and desire as hearty as, I say, a Man for an Alms, that they would let it alone for that Night; but Captain Coote would not, and ordered his Chair to go forwards.  Mr. Attorney General. 
You say my Lord Mohun begged as hearty as if it were for an Alms to defer it for that Night?  Applegate. 
Yes, he did so; so that I do really think that he was not concerned in the matter.  Mr. Attorney General. 
If he were so earnest to defer and put of the business, how came you to carry him thither that Night? What Expressions did he use, particularly in St. Martins-Lane, after the other Chairs were passed by?  Applegate. 
He said, If you must go, I'll go with you and see it; and he bid us take up and follow the other Chairs wherein Captain Coote and my Lord Warwick were; and we did go.  Mr. Attorney General. 
And where did you set my Lord Mohun down?  Applegate. 
At the hither end of Leicester-square, at the corner of Green-street, the lower corner of the paved Stones, going up to Leicester-house.  Mr. Attorney General. 
What became of the three Gentlemen that you set down at the end of Green-street?  Applegate. 
They went all three together up the Stone pavement, towards the upper end of the Square, towards the Standard-Tavern, I think.  Mr. Attorney General. 
Did they go together, or did they go asunder?  Applegate. 
They went together, I think, I did not see them part one from another.  Mr. Attorney General. 
Pray did you see my Lord Mohun afterwards.  Applegate. 
No, I did not.  Mr. Attorney General. 
What became of you afterwards?  Applegate. 
I stayed a little at the lower end of the Square to take a Pipe of Tobacco, and when I had filled my Pipe, I heard calling, Chairs, Chairs again, at the upper end of the Square; and when we brought up our Chair to the upper end of the Fields, the first Man that I did see was my Lord of Warwick, who would have had us put over our Chair within the Rails; but we told him, we could not get it over again if any one was put in it; but if they would come out into the Square, there we were ready to carry 'em any where; and when we came to the upper end of the Square, there was Captain French, and we took him into the Chair, and he bid us carry him to the Bagnio in the Long-acre; and at Newport-street end he would have had us stop and pull off his , for he believed he was a dead Man.  Mr. Attorney General. 
Pray who did you see there at the upper end of Leicester Fields?  Applegate. 
No body, indeed, but my Lord of Warwick, and Mr. French.  Mr. Attorney General. 
Nobody but them two?  Applegate. 
No, no body but them two.  Mr. Attorney General. 
Where do you say that was, that the calling for Chairs was, and where you brought your Chair?  Appelegate. 
It was just at the upper end of Leicester-fields, by Leicester-house, and by the Standard-Tavern.  Mr. Attorney General. 
Who was it that you there took up?  Applegate. 
It was Captain French.  Mr. Attorney General. 
Whither then did you carry him?  Applegate. 
We were ordered to go to the Bagnio in Long-acre; and thither we, and another Chair that carried my Lord Warwick, did go; and when we came there, we did knock a good while before we could get any body up; and when they were let in, we came away, and were bid to call for our Fare the next Morning.  Mr. Attorney General. 
Pray where was it that you took up Captain French?  Applegate. 
It was at the upper end of all Leicester-fields.  Mr. Attorney General. 
And you went away with him, did you?  Applegate. 
Yes, as soon as ever we took him up; it was as soon as ever we could, at the outside of the Rails. I was the first Chair that, upon the calling for Chairs after they came thither, was by the Standard-tavern; and from thence we went into Long-acre.  Mr. Attorney General. 
Where about is the Standard-tavern?  Applegate. 
It is at the further end of the Fields by Leicester-house; it is by Cramburn-lane, which is the Street that leads into Newport-street, and so into St. Martins-lane; and then we were to go to the Bagnio in the Long-acre.  Lord High Steward. 
My Lord Mohun will you ask this Witness any Questions?  Lord Mohun. 
Yes, my Lord, I have a Question or two to ask him; I desire to ask him. Whether, when we were going along, and the Chair in which Captain Coote was turned up St. Martins-lane, I did not call out to have him stop, and know whither they were going?  Applegate. 
Yes, my Lord, you did.  Lord Mohun. 
Pray whither did I bid you go, when you first took me up at Lockets?  Applegate. 
My Lord Mohun bid me follow those Chairs, but go down to Westminster, for he said they all three, would go together, and lie together that Night.  Lord Mohun. 
My Lords, I desire this Man may be asked, whether there were not several ways of going out of the Fields, besides those of Green-street and the Standard-tavern?  Applegate. 
Yes, my Lord, no doubt there are.  Lord Mohun. 
Then I'll leave it to your Lordships to make the Observation; for there is no Evidence that I was ever seen in the Field after I alighted out of the Chair at Green-street end; and I hope your Lordships do observe, That he has told you, I was as earnest in begging Captain Coote to defer going to Leicester-fields till the next Morning, and begged as hearty of him for it, as any Beggar would do for an Alms.  Lord High Steward. 
My Lord, their Lordships, no doubt, have made that Observation; for he did say so.  Lord Mohun. 
My Lords, I have no more to ask him.  Lord High Steward. 
Mr. Attorney, Who is your next Witness?  Mr. Attorney General. 
Our next Witness is Peter Ketro, who likewise was a Chairman that carried my Lord Mohun into the place where the Fact was done.  
Peter Ketro was Sworn.  Mr. Attorney General. 
Pray will you acquaint my Lords who you carried upon the thirtieth of October last, from the Greyhound-tavern to Leicester-fields?  Ketro. 
Upon the thirtieth of October last, in the Morning (which was Sunday) very early, we were called to the Door of the Greyhound-tavern, and when we came there, there were several other Chairs there, for there was no Coach, it seems, to be had.  Mr. Attorney General. 
And who was in your Chair?  Ketro. 
My Lord Mohun; and there were two other Chairs that went away together, wherein were Captain Coote and my Lord of Warwick.  Mr. Attorney General. 
And whither did you go from thence?  Ketro. 
We went along the Strand, and when we came to the end of St. Martins-lane, the Chair that Captain Coote was in, we supposed by his order, turned up the Lane; for my Lord Mohun had given us order to go down to Westminster; and then when we came there, to the end of St. Martins-lane, he called out to stop, and to have the other Chairs stopped, and they stood still at the back Door of the Cross-keys-tavern, which is at the end of St. Martins-lane, and all the three Chairs did make a stand at that place, and my Lord of Warwick, and my Lord Mohun, and Captain Coote talked together; and my Lord Mohun did desire Captain Coote to go down to Westminster, and to put off the business for that Night, for nothing of business could be done; then my Lord of Warwick did say, if they did go on he would go on with them; but my Lord Mohun did endeavour to persuade 'em to go down to Westminster to Lodge, for nothing could be done that Night; but when the other three Chairs passed by, on the other side of the way, and Captain Coote would needs go forwards to Leicester-fields, my Lord Mohun did bid us take up and follow them; and he said, If they would go, he would go and see what came of it; so we took up, and followed the other Chairs, and went up the Lane, and into Green-street, to the lower end of Green-street, next the Square, and there our three Chairs set down my Lord of Warwick, my Lord Mohun, and Captain Coote, and were discharged.  Mr. Attorney General. 
And what became of them after?  Ketro. 
There they went up upon the broad Stones, up towards the upper end of the Fields.  Mr. Attorney General. 
Did they go all together, or did they part?  Ketro. 
They went together, for any thing I know; I saw no parting and indeed it was so dark a Night, that I cannot tell what became of 'em after they went out of the Chairs; It was one of the darkest Nights that ever I saw.  Mr. Attorney General. 
Well then, pray what happened after that?  Ketro. 
I went to light my Pipe of Tobacco, and before we could light a Pipe of Tobacco, there was calling at the upper end of the Square for Chairs again, and so up we went with our Chair to the upper end of the Fields; and when we came there, some body called out to have us lift our Chair over within the Rails, but we told 'em, if we did so, we could not get it over again, if any body were put into it; and so we were bid to go to the end of the Rails, in order to the getting out from that place, and getting in of any body that was to go into the Chair; and when we came to the end of the Rails, we took up Captain French, and he bid us carry him to the Bagnio in the Long-acre, and we did so, and at Nuport-street end he would have had us have pulled off his , for, he said, he believed he was a dying Man; but we carried him on to the Bagnio in Long-acre, and there came after us my Lord of Warwick in another Chair; and there we set 'em down.  Mr. Attorney General. 
I have a Question to ask you, Friend, Did you not see my Lord Mohun after you set him down at Green-street end?  Ketro. 
No, indeed, not I; I did not, after he went out of the Chair.  Mr. Attorney General. 
Can you tell whither he went after he went out of the Chair?  Ketro. 
No, I can't tell whither he went; they all three went up the paved Stones together, but whither they went I can't tell.  Mr. Attorney General. 
Did you hear of any other Chair that was at that end of the Fields at that time?  Ketro. 
There was another Chair at that time, at the upper end of the Fields.  Mr. Attorney General. 
Did you hear 'em desire to take Mr. Coote into that Chair?  Ketro. 
No, I did not.  Mr. Attorney General. 
Nor do you know any thing of their putting Mr. Coote into a Chair?  Ketro. 
No, indeed not I; what they did as to the other Chair that was before, they can best tell, for I can't.  Lord High Steward. 
Who is your next Witness, Mr. Attorney?  Mr. Attorney General. 
Richard Edward's.  Lord High Steward. 
What do you call him to?  Mr. Attorney General. 
Because we would not trouble your Lordships with the Repetition of every one of the Witnesses that were here yesterday; this is the Man that carried Mr. Docwra into the Field.  
Edward's was Sworn.  Lord High Steward. 
Mr. Attorney, What do you ask this Witness?  Mr. Attorney General. 
Pray do you acquaint my noble Lords here, who you carried in your Chair to Leicester-fields?  Edward's. 
Indeed, I can't tell, there were three Chairs that took up three Persons at the Grayhound-tavern in the Strand, after three other Chairs were gone away, and every one had a Gentleman in 'em; I, for my part, did not know who was in our Chair; but when we shut up the Chair we were bid to go to the Standard-tavern in Leicester-fields, and thither we did go, and there we set down the Gentleman that was in our Chair, and away we went; and as we went up St. Martins-lane, we passed by the three other Chairs that had turned up before, at the Back door of the Crosskeys-tavern.  Mr. Attorney General. 
Did you see the other three Chairs in Leicester-Fileds afterwards?  Edward's. 
No, ●●deed I did not; but went up to the Standard-tavern, and set down the Gentleman that was in our Chair, and there we left him, and went away.  Mr. Attorney General. 
Pray can you tell who it was that you carried?  Edward's. 
Indeed, I cannot very well tell; but I believe it was Captain James, or Mr. Docwra.  Mr. Attorney General. 
When you came to the Standard-tavern, pray what happened, what passed there?  Edward's. 
To the best of my knowledge I took hold of the knocker of the Door, and knocked at the Door, and the Gentleman came out, and was set down there; and he gave me a Shilling, and away I went with my Chair.  Mr. Attorney General. 
When you set him down at the Standard-tavern, pray what did he say?  Edward's. 
He gave me a Shilling, and bid me go about my business; and so we went away.  Mr. Attorney General. 
Were you there when you heard 'em call Chairs back?  Edward's. 
No, we went away as soon as we had set 'em down at the Standard-tavern.  Mr. Attorney General. 
Did you observe which way they went after you set him down?  Edward's. 
No, indeed I did not; I never minded which way they went after we set him down.  Mr. Attorney General. 
Which way did you go?  Edward's. 
We went away down towards Charing-cross.  Mr. Attorney General. 
Did you see any other Chairs in the Square when you went down?  Edward's. 
Yes, there were other Chairs at the other end of the Square.  Mr. Attorney General. 
Did you see any Gentlemen as you came down, walking up towards the Standard-tavern, upon the paved Stones?  Edward's. 
No indeed, my Lords, not that I remember; but I did see the other three Chairs as I passed by at Green-street end; who were in 'em, or what was become of them that were in 'em, that I can't tell.  Mr. Attorney General. 
What did they say to you any of 'em at that time?  Edward's. 
They asked us if we were going away, and we told 'em Yes, we were discharged.  Mr. Attorney General. 
But pray did you not meet any of the other Gentlemen upon the paved Stones?  Edward's. 
No indeed, I did not see, to the best of my Remembrance, any other Gentlemen upon the paved Stones.  Mr. Attorney General. 
What did the other Chair-men say to you?  Edward's. 
They asked if we were coming away; and we left 'em behind us.  Lord High Steward. 
Has my Lord Mohun any Questions to ask him?  Lord Mohun. 
No, I have not.  Lord High Steward. 
Mr. Attorney, who is your next Witness?  Mr. Attorney General. 
Jackson, who was the Chairman that carried Captain James.  
He was Sworn.  Mr. Attorney General. 
Pray will you acquaint my Lords who you carried from Lockets to Leicester-fields?  Jackson. 
Captain James: There were six Chairs in all; I do not know who went in the other Chairs, but in the three Chairs that went together, when we went, there was Ceptain Docwra. Captain French, and Captain James.  Mr. Attorney General. 
And where did you set him down?  Jackson. 
At the Standard-Tavern in the Square of Leicester-fields.  Mr. Attorney General. 
What became of him after you set him down?  Jackson. 
We knocked twice at the Tavern-door, and then he gave us a Shilling, and we went away presently, and went down on the left Hand upon the paved Stones, towards Green-street end.  Mr. Attorney General. 
Did you meet any Persons coming up upon the paved Stones?  Jackson. 
Yes, my Lord, I did.  Mr. Attorney General. 
Can you tell who those Persons were?  Jackson. 
Indeed, I cannot tell.  Mr. Attorney General. 
How many were they in number?  Jackson. 
They were two or three; but it was so dark, that I cannot tell how many they were.  Mr. Attorney General. 
Which way were they walking?  Jackson. 
They were going up towards the middle Street.  Mr. Attorney General. 
How far was that from the Standard-tavern?  Jackson. 
It might be about fixty Yards from the Standard-tavern.  Mr. Attorney General. 
You say ●here were three Chairs standing at the end of Green-street when you came by?  Jackson. 
Yes, there were so.  Mr. Attorney General. 
Had you no discourse with them?  Jackson. 
No, indeed, I had not.  Mr. Attorney General. 
Did you not ask them why they stayed there●  Jackson. 
No, indeed, I did not; we passed by and went home.  Mr. Attorney General. 
You know my Lord Mohun, don't you?  Jackson. 
Yes, I do, very well.  Mr. Attorney General. 
Was not my Lord Mohun in that Company?  Jackson. 
He was when the six Chairs were called to Lockets; but I did not hear any Discourse, that I can remember, that past among 'em, nor do I know, or did hear, what became of my Lord Mohun afterwards.  Mr. Attorney General. 
Were those the other three Chairs that went away from Lockets first, that you saw at Green street end?  Jackson. 
Indeed, my Lords, I believe so; I cannot swear that they were those three Chairs; when we had set down Captain James, we did not look back any way at all, but went away home, it being so late and so dark.  Lord High Steward. 
My Lord, Mokun will you ask this Witness any Questions?  Mr. Attorney General. 
Then my Lord we shall call William Salmon, who was the Surgeon that did search the Wound by the Coroner's Command, when he took the Inquisition upon the view of the Body.  
Who was Sworn.  Mr. Attorney General. 
Pray did you view the Body of Mr. Coote after he was Dead?  Salmon. 
Yes, I did view his Body by the command of the Coroner at the Watch-house where it lay in St. Martins-lane.  Mr. Attorney General. 
Pray then will you acquaint my Lords what Wounds you found upon the Body?  Salmon. 
There was one upon the left part of the Breast, near the Collar-bone, which, upon probing, I found to be half an Inch in Breadth, and four or five Inches deep downward; the other was a Wound that was in his left side, just under the short Ribs, and that was upward; and upon probing of it, I found it was about the breadth of an Inch at the Orifice, and about the depth of five or six Inches, and pierced through the Diaphragma.  Mr. Attorney General. 
Pray did you observe any difference in the Wounds, or in the Orifice of 'em?  Salmon. 
That below was a large Wound, larger than the other.  Mr. Attorney General. 
Were the Wounds do you think given with two Swords, or with one and the same Sword?  Salmon. 
Indeed I can't tell.  Mr. Attorney General. 
Did you look upon either, and which of them to be Mortal?  Salmon. 
I looked upon both to be Mortal.  Lord High Steward. 
If you have done with him Mr. Attorney, will my Lord Mohun ask him any Questions?  Lord Mohun. 
No, I shall ask him no Questions, for I think I need not, I was never proved to be in the Company, in the place where the Fight was.  Mr. Attorney General. 
We have done with calling of Witnesses, till we hear what my Lord Mohun says to it.  Lord High Steward. 
My Lord Mohun, This is the time (the King's Evidence being finished) for you to call your Witnesses, and make your Defence.  Lord Mohun. 
My Lords, I shall not call many Witnesses, for I think there is nothing that fixes any thing of Gild, as to Captain Coats Death, as to me; but I shall call one Witness that was here (as I understand) yesterday, but not Examined, and that is a Person that saw me afterwards, and knows that I had a Wound in my Finger laid open, and that Wound was received at Lockets, by endeavouring to part 'em when they were quarrelling there at that time.  
The Witness stood up.  Lord High Steward. 
Tho' you are not upon your Oath, yet you are as much obliged in Justice and Conscience to speak the exact truth, as if you were upon your Oath, therefore have a care what Testimony you give.  Witness. 
Yes, my Lord.  Lord High Steward. 
What is the Question you would have this Witness asked?  Lord Mohun. 
What he knows of my being Wounded about this time, and what I declared concerning that Wound, how I received it?  Lord High Steward. 
I will not refuse to ask the Question, but I must acquaint your Lordship that it signifies nothing in point of Evidence at Law, what you yourself did declare after the Fact was over. It is Material what you did to prevent this Mischief before it happened, but not what you said or declared after the thing was done. You hear my Lords Question, what say you to it?  Witness. 
I was at my Lord Mohun's several Days after this business happened, at the Lodging where he lay, and where I saw him; he had a hurt in his Hand, and it was laid open, it was in the Finger, and that he said was all he got by endeavouring to part people from Fight.  Mr. Attorney General. 
Pray Sir, when was this?  Witness. 
It was several Days after the death of Mr. Coote.  Lord High Steward. 
I told your Lordship before, that in Point of Law such Evidence would signify nothing, because your declaring any matter after the thing was done, in relation to the Fact, could not be admitted as legal Evidence; if any of my Lords be of another Opinion, I suppose they will declare it?  Lord Mohun. 
My Lords, I submit it to your Lordships, I only desire he may be asked whether he saw my Hand or no, and how it was?  Witness. 
I saw my Lord's Finger, and it had been laid open some time before; and he said, he had received that Wound by endeavouring to part Captain French and Captain Coote; that's all I know of the matter.  Mr. Attorney General. 
But pray when was that that he declared so, how long after the death of Mr. Coote?  Witness. 
It was several Days after that.  Lord High Steward. 
You hear, in point of Law, that can be no Evidence at all; if you have no other Witnesses to call, your Lordship would do well to sum up your Evidence, and make what Observations you think fit upon the Evidence that has been given for the King?  Lord Mohun. 
My Lords, I hope I shall make my Defence against this Accusation with all the modesty and submission to your Lordships that becomes me; I am very much ashamed to be brought before your Lordships upon any such account as this again, after having been once before your Lordships upon such an account before; I may very well say, I am not guilty at all of having any hand in Mr. Cootes death, and I can assure your Lordships, I will avoid all occasions of giving you any trouble of this nature for the future; I do not doubt but to acquit myself of all Gild in relation to this matter; and, indeed, with submission to your Lordships, there has been no Evidence given relating to me, that do infer any Gild upon me, to prove that I was at the place where this Fact was done; therefore I shall only make some few little Remarks upon what has been said, and leave it all to your Lordship's consideration: The King's Council first have called the Drawer of the House, and he has satisfied that I did so far endeavour to part 'em, that I threatened to send for the Guards and secure 'em, if they would not go home, and when they went into the Chairs, I went into my Chair, on purpose to follow 'em down to Westminster, whither I would have had 'em gone; the prick that I got in my Finger, of itself speaks, that I endeavoured to part 'em, and so the Drawer he has told you; I am sure it was the occasion of a great deal of pain to me, it being forced to be afterwards laid open; the Chair-men that carried Mr. Coote, swears, that I, at the Door of the Tavern in St. Martins-lane, did make 'em stand, and when I came up to 'em, I begged, as for an Alms, that they would go home; and I asked Coote whither he was going, which proves that I was not conscious of any design of going to fight at that time; your Lordships are likewise told, that when we came to Green-street end, I was set down upon the paved Stones, I was so indeed, and I went up about five or six Yards, but that is all that's proved; but I did take the quite contrary way to the place where Mr. Coote was wounded, then there was another Chairman, one Applegate, and truly what use they make of him I cannot imagine, as an Evidence against me; for he says, I was very earnest in St. Martins-lane to hinder any Quarrel, and indeed at the Tavern door, at Locket's, I was so at first; and when we came to St. Martins-lane end, he says, that I ordered 'em to make them stop, and asked Coote whither he was going, and he saying he was going to Leicester-fields, I endeavoured all I could to persuade him to the contrary, and did entreat him that he would go no farther, but go down to Westminster to his Lodging, or lodge with me; but Mr. Coote would not give me time, at that time the other Chairs coming by, to give him further reasons, but would go away; and than it is objected, that I should say, That if they would go, I would go and see; that was, my Lords, I would go on till I could have a further opportunity to prevent any Fight amongst them; and the Witness Ketro says, my Lord of Warwick did bid the Chair to follow the other Chair in which Captain Coote was; my design was for Westminster, to go to my Lodgings, and when we came to the end of the Square, if I did go up the whole Stones, it was directly the contrary way to the place where it is proved this Fact happened; for the next Witness, Edward's, he says he saw no body walking upon the paved Stones, and truly I did go the direct way into Newport-street; and for my not appearing before, it was for avoiding confinement, and I must submit the whole matter to your Lordships, how far any Gild is fixed upon me, not being proved to be in the Field at the time when they fought, or seen to be in the Company when they came up and sound Mr. Coote wounded, and dying, or dead. It is a plain case I could have no hand at all in his death, and so I think I need give no further trouble to your Lordships, for I believe your Lordships cannot but be satisfied, that, as I have pleaded, I am not Guilty of killing this Gentleman; nay, it is impossible that I should go into the Field to be a second, when my own right Hand was Wounded, for I was not able to hold my Sword in my Sword Hand, because of that Wound; I submit the matter entirely to your Lordships, from whom I am sure to meet with every thing that will be suitable to Honour and Justice.  Lord High Steward. 
The King's Council are now to Sum up the Evidence for the King.  
Mr. Solicitor General begun to Sum up the Evidence for the King, but his Voice was so low, and the noise in the Hall so great, that he could not be heard, and therefore the Lord High Steward moved the House that he might stand by the Prisoner at the Bar, which was something nearer than the place where the King's Council stood, as was done the day before; and it was ordered accordingly.  Lord High Steward. 
Mr. Solicitor, Pray raise your Voice as much as you can, that all my noble Lords may hear you.  
Several of the Lords did move, that one that had a better Voice might Sum it up, and particularly Mr. Cooper; but it being usually the part of the Solicitor General, and he only having prepared himself, he was ordered to go on; but for the better hearing of him, several of the Lords towards the upper end of the House, removed from their Seats down, as they did the Day before, to sit upon the Woolpacks.  Mr. Solicitor General. 
My Lords, I am of Council for the King against this Noble Lord, my Lord Mohun, the Prisoner at the Bar, who has been upon his Trial this Day, and it comes to my turn to Sum up the Evidence that has been given against him, which is but a Repetition of what your Lordships, no doubt of it, have taken exact notice of; but I must shortly Sum up the chief of the Particulars thereof, and make a few Remarks what of that Evidence sticks particularly upon my Lord Mohun. The first Witness was the Drawer of the House, at the Greyhound, in the Strand, who gives you an Account who were at his ●●sters House the Nine and twentieth of October last, and particularly, that my Lord Mohun was there in the same Company wherein this Gentleman was that was unfortunately killed, and that he continued in that Company till very late that Night, or rather very early the next Morning, when after the Reckoning was paid, they came all down to the Bar and called for Coaches; and he tells you; that he was sent out, and he tells you what he was sent for, he was sent for Coaches, and so cannot give any Account what past while he was gone; but when upon calling for Coaches none could be had, there was order for Chairs to be called, and Chairs were brought to the Door; and when he came in again he heard the Clashing of Swords, and there were three of 'em on the one side of the Bar, and three of 'em on the other; indeed he does say, he did 〈◊〉 s●e when the Swords were drawn, but at that time they were putting up their Swords, my Lord Mohun was in the Company, upon which I would observe to your Lordships, that there had been some Fight, for the Witness says upon my Lords Question, that my Lord called for a Napkin to put his Hand in, for his Fingar was cut; and he said, this is all that I have got by endeavouring to part them; so that it shows there was a Quarrel, and my Lord Mohun was in it: When the Chairs were brought to the Door they went into them, there went Mr. Coote into one, into the second my Lord of Warwick, and into the third my Lord Mohun, so that still my Lord Mohun was in the Company, and they went away together; and tho' it is pretended by my Lord, That he did all he could to prevent the Quarrel, yet he gave Directions to the Chair-men that carried him to follow the other Chairs, and your Lordships perceive what the business was that they went about, and the other three Chairs followed after presently, so that they all went away together; nay, my Lord himself does not disown his being in the Company till they came into Leicester-fields. Next I would observe what fell from Brown, who carried the very Gentleman that was killed, Mr. Coote, that my Lord Mohun was in one of the three first Chairs, and that they all went together, till that my Lord Mohun called out to stop, upon the turning up into St. Martins-lane; and tho' they stopped in St. Martins-lane, and my Lord Mohun did entreat them to let it alone at that time, yet it was only to let it alone till the Morning; and when the other three Chairs passed by on the other side of the way, and Coote would have them go on, my Lord Mohun said, If they would go on, he would go with them and see it. Applegate, the Chairman, that carried my Lord Mohun, says the same; and so it is plain, my Lord Mohun did go on with an intention to make one in the Affray; for Applegate says, That when my Lord Mohun could not prevail upon his persuasions, and when Coote went away after the other three Chairs were passed by, my Lord Mohun said, If you do go, I must go and see it; and they did go all together: And the Chairman says, he set my Lord Mohun down at the end of Green-street, at the lower end of the Fields, where the other two Chairs set down Captain Coote and my Lord of Warwick, and that they all three walked up together towards the Standard-Tavern; still all this proves my Lord did go there, and that he himself did say he would go and see it; and it is plain that my Lord Mohun did go as far as Leicester-fields, and it is only his Declaration concerning himself, without any proof, that he went away, and did not go into the Fields, to the place where the Fact was done; and we think it is sufficient proof that he was one of them that we●● concerned, because we do prove, that he was all along in the Company till the very time that they came into the place where the thing was done. Then there is the Chairman that carried Mr. James, and he tells your Lordships, That the three first Chairs that went up St. Martins-lane▪ went to the Standard-tavern, and there they knocked at the Door, and paid the Chair-men, and went out of their Chair; and so says the other Chair-men that carried Captain Do●●ra and Captain French; and they say also, That when they came down the paved Stones again, they heard Chairs called for, but they did not interpose at all in the matter, but the other two Chairs it seems did, for they went up to the upper end of the Square, where there were two Persons holding up Mr. Coote, and after they had put the Chair over the Rails, in order to have him carried away in a Chair, but they could not get him into the Chair. I would likewise observe from the Evidence of the Surgeon, who gives you an Account of what nature the Wounds were, one was in the Breast, near the Coller-bone, on the left side, the other was under the Short-ribs, on the left side too, which could not be given him by the Person that he was fight with, he being a right-hand Man, as was proved by his Servant: My Lord Mohun has called but one Witness, which is only about a little Circumstance of his being wounded in the Hand, and having the Wound laid open, but that was two Days after this Fact was done; my Lord Mohun could not but know that the matters he was to answer, related to a time before. It must be agreed to me, that they all three, my Lord of Warwick, my Lord Mohun, and Mr. Coote, went all away together, that they were carried to Leicester-fields, that they were set down together, and walked up together upon the Stone pavement, when the others were gone towards the upper end of the Fields; so that in all probability, they all went together into the place where the Fight was, and were all concerned; and if so, my Lord Mohun must be equally guilty with the rest, my Lord Mohun knowing what Business it was they were going about. It must be left to your Lordship's Judgement, whether he shall not be presumed to be there when the Fact was done, especially his saying, when he could not prevail in St. Martins-lane, to put the matter off till another time, that if they did go on, he would go and see it; so that putting these two Circumstances together, his going in one of the Chairs with my Lord Warwick and Coote, and what he said after when the Chairs stopped in St. Martins-lane, we think are Circumstances to induce your Lordships to believe, that he was present at the time of the Fact committed, or very near the place; and if that be so, how far he is Guilty must be submitted to your Lordship's consideration; and this is all that I shall trouble your Lordships with, without repeating the particular Evidence, which your Lordships, I am sure, very well remember.  
Lord Mohun. My Lords, I desire I may say one Word in answer to what Mr. Solicitor has observed; I think your Lordships have had no Evidence given you where Mr. Coote was killed, but only the Chairman that was desired to bring over his Chair within the Rails, says it was towards Penton-street, which is quite contrary to the place where I was set down at Green-street end; I must then be at a very great distance from the place where the Fact was done.  Lord High Steward. 
If all have done on both besides, than your Lordships have nothing left but to consider of the Evidence which has been given, which I suppose you will do among yourselves?  Lords. 
Ay, Adjourn, Adjourn.  Lord High Steward. 
Is it your Pleasure, my Lords, to Adjourn into the House of Lords?  Lords. 
Ay, Ay.  L. H. St. 
This House is Adjourned into the House of Lords.  
And the Lords went back in the same Order to the House of Lords, and there they stayed for about two Hours time, debateing the matter among themselves, and afterwards returned again into the Court in Westminster-Hall, and were seated all in their places as they were before, and the Lord High Steward was seated in the Chair before the Throne.  Clerk of the Crown. 
Sergeant at Arms, make Proclamation.  Sergeant at Arms. 
O Yes, O Yes, O Yes! My Lord High Steward of England, his Grace, doth straightly Charge and Command all manner of Persons here present to be uncovered, and keep Silence, upon Pain of Imprisonment.  L. H. St. 
Is it your Lordship's pleasure to go on now to give your Judgement?  Lords. 
Ay, Ay.  L. H. St. 
Then I must pray your Lordships, to give me time to write down your Opinions distinctly, that I may be able to acquaint you with certainty of the Numbers.  Lords. 
Ay, Ay.  
Then the Lord High Steward stood up, and put the Question to every Lo●● beginning with the Youngest Baron, to know what his Judgement was, and the Lord to whom he called, stood up in his place Uncovered, and laying his right Hand upon his Breast, delivered his Judgement in the manner following.  L. H. St. 
My Lord Bernard, Is Charles Lord Mohun Guilty of the Felony and Murder whereof he stands Indicted, or Not Guilty?  L. Bernard. 
Not Guilty, upon my Honour.  
The same Question was asked severally of all the Lords, who in the same Form delivered their Opinions, as followeth.  L. Herbert. 
Not Guilty, upon my Honour.  L. Weston. 
Not Guilty, upon my Honour.  L. Ashburnham. 
Not Guilty, upon my Honour.  L. Chalmondly. 
Not Guilty, upon my Honour.  L. Jefferys. 
Not Guilty, upon my Honour.  L. Godolphin. 
Not Guilty, upon my Honour.  L. Guildford. 
Not Guilty, upon my Honour.  L. Oselstone. 
Not Guilty, upon my Honour.  L. Osborne. 
Not Guilty, upon my Honour.  L. Craven. 
Not Guilty, upon my Honour.  L. Cornwallis. 
Not Guilty, upon my Honour.  L. Granville. 
Not Guilty, upon my Honour.  L. Berkley. 
Not Guilty, upon my Honour.  L. Lexington. 
Mot Guilty, upon my Honour.  L. Rockingham. 
Not Guilty, upon my Honour.  L. Lucas. 
Not Guilty, upon my Honour.  L. Culpeper. 
Not Guilty, upon my Honour.  L. Byron. 
Not Guilty, upon my Honour.  L. Jermin. 
Not Guilty, upon my Honour.  L. Leigh. 
Not Guilty, upon my Honour.  L. Raby. 
Not Guilty, upon my Honour.  L. Howard. 
Not Guilty, upon my Honour.  L. Lovelace. 
Not Guilty, upon my Honour.  L. Hunsdon. 
Not Guilty, upon my Honour.  L. Wharton. 
Not Guilty, upon my Honour.  L. Eure. 
Not Guilty, upon my Honour.  L. Dudley. 
Not Guilty, upon my Honour.  L. Fitzwalter. 
Not Guilty, upon my Honour.  L. Willoughby. 
Not Guilty, upon my Honour.  L. Audley. 
Not Guilty, upon my Honour.  L. Abergaveny. 
Not Guilty, upon my Honour.  L. H. Steward. 
My Lord Viscount Lonsdale, Is Charles Lord Mohun Guilty, etc.  L. Viscount Lonsdale. 
Not Guilty, upon my Honour.  L. Viscount Townsend. 
Not Guilty, upon my Honour.  L. H. Steward. 
The Earl of Grantham, Is Charles Lord Mohun Guilty, etc.  E. of Grantham. 
Not Guilty, upon my Honour.  E. of Albemarle. 
Not Guilty, upon my Honour.  E. of Tankerville. 
Not Guilty, upon my Honour.  E. of Warrington. 
Not Guilty, upon my Honour.  E. of Scarborough. 
Not Guilty, upon my Honour.  E. of Montague. 
Not Guilty, upon my Honour.  E. of Portland. 
Not Guilty, upon my Honour.  E. of Rochester. 
Not Guilty, upon my Honour.  E. of Nottingham. 
Not Guilty, upon my Honour.  E. of Yarmouth. 
Not Guilty, upon my Honour.  E. of Radnor. 
Not Guilty, upon my Honour.  E. of Macclesfield. 
Not Guilty, upon my Honour.  E. of Feversham. 
Not Guilty, upon my Honour.  E. of Burlington. 
Not Guilty, upon my Honour.  E. of Carlisle. 
Not Guilty, upon my Honour.  E. of Bath. 
Not Guilty, upon my Honour.  E. of Anglesey. 
Not Guilty, upon my Honour.  E. of Essex. 
Not Guilty, upon my Honour.  E. of Scarsdale. 
Not Guilty, upon my Honour.  E. of Thanet. 
Not Guilty, upon my Honour.  E. of Chesterfield. 
Not Guilty, upon my Honour.  E. of Carnarvan. 
Not Guilty, upon my Honour.  E. of Kingston. 
Not Guilty, upon my Honour.  E. of Winchelsea. 
Not Guilty, upon my Honour.  E. of Stamford. 
Not Guilty, upon my Honour.  E. of Peterborough. 
Not Guilty, upon my Honour.  E. of Rivers. 
Not Guilty, upon my Honour.  E. of Manchester. 
Not Guilty, upon my Honour.  E. of Denbigh. 
Not Guilty, upon my Honour.  E. of Leicester. 
Not Guilty, upon my Honour.  E. of Bridgwater. 
Not Guilty, upon my Honour.  E. of Dorset. 
Not Guilty, upon my Honour.  E. of Suffolk. 
Not Guilty, upon my Honour.  E. of Huntingdon. 
Not Guilty, upon my Honour.  E. of Derby. 
Not Guilty, upon my Honour.  E. of Kent. 
Not Guilty, upon my Honour.  L. H. Steward. 
My Lord Great Chamberlain, Is Charles Lord Mohun Guilty, etc.  Lord Chamberlain. 
Not Guilty, upon my Honour.  L. H. Steward. 
My Lord Marquis of Normanby, Is Charles L. Mohun Guilty, etc.  L. Marquis of Normanby. 
Not Guilty, upon my Honour.  L. Marquis of Hallifax. 
Not Guilty, upon my Honour.  L. H. Steward. 
My Lord Duke of Newcastle, Is Charles Lord Mohun Guilty, etc.  D. of Newcastle. 
Not Guilty, upon my Honour.  D. of Scomberg. 
Not Guilty, upon my Honour.  D. of St. Alban. 
Not Guilty, upon my Honour.  D. of Northumberland. 
Not Guilty, upon my Honour.  D. of Ormond. 
Not Guilty, upon my Honour.  D. of Southampton. 
Not Guilty, upon my Honour.  D. of Richmond. 
Not Guilty, upon my Honour.  D. of Somerset. 
Not Guilty, upon my Honour.  L. H. Steward. 
My Lord Steward, Is Charles Lord Mohun Guilty, etc.  Lord Steward. 
Not Guilty, upon my Honour.  L. H. Steward. 
My Lord Precedent, Is Charles Lord Mohun Guilty, etc.  Lord Precedent. 
Not Guilty, upon my Honour.  
Then the Lord High Steward of England, standing up uncovered, putting his right Hand upon his Breast, said, my Lord Mohun is not Guilty, upon my Honour.  
Then the Lord High Steward seated himself again in the Chair, to take the Number of the Peers who had given their Judgement.  L. H. St. 
My Lords, Eighty Seven of your Lordships are present, and you are all unanimously of Opinion, That my Lord Mohun is Not Guilty of the Felony and Murder whereof he stands Indicted.  Lords. 
Ay, Ay.  L. H. St. 
Let the Prisoner be called to the Barnes.  Clerk of the Crown. 
Sergeant at Arms, make 〈…〉.  Sergeant at Arms. 
O yes, O yes, O yes, My 〈…〉 his Grace, does straightly charge and command all manner 〈…〉 to keep Silence, upon pain of Imprisonment.  Clerk of the Crown. 
Sergeant at Arms, make Proclamation.  Sergeant at Arms. 
O yes, O yes, O yes, Chief Governor of the Tower ●●●don, bring forth the Body of your Prisoner, Charles Lord Mo●●●, Whom you committed to you, in order to be brought hither this Day, 〈◊〉 Pain and will fall thereon.  
Then he was brought forth to the Bar, and the Lord High Steward 〈◊〉 dressed himself to him in this manner.  L. H. St. 
My Lord Mohun, you have been Indicted fee the 〈◊〉 of Richard Coote, upon which Indictment your Lordship has been 〈…〉 upon your Arraignment has pleaded Not Guilty; and for your 〈…〉 put yourself upon your Peers, my Lords here present, and they 〈…〉 Evidence, and have considered of it, and delivered their Judg●●● 〈…〉 matter; and I am to acquaint your Lordship, they are all 〈…〉 ●●●nion, That your Lordship is not Guilty of the Felony and 〈…〉 stand Indicted; and therefore your Lordship is discharged 〈…〉 paying your Fees.  
Then the Lord Mohun made his Reverence to the Lords, 〈…〉 himself thus.  Lord Mohun. 
My Lords, I do not know which way to 〈…〉 Thankfulness and Acknowledgement of your Lordship's great 〈…〉 to me; but I crave leave to assure your Lordships. That I will 〈…〉 it the Business of the future part of my Life, so to behave myself in 〈…〉 ●●●●sation in the World, as to avoid all things that may bring me 〈…〉 Circumstances, as may expose me to the giving your Lordship's 〈…〉 this nature for the future: And then making his Reverences to 〈…〉 away from the Bar.  Clerk of the Crown. 
Sergeant at Arms, make Proclamation.  Sergeant at Arms. 
O yes, O yes, O yes, All manner of Pers●● 〈…〉 are commanded to keep Silence, by my Lord High Steward of 〈…〉 Grace, upon pain of Imprisonment.  L. H. St. 
My Lords, The Trial ●●ing at an end, 〈…〉 to be done here, but the determining the Commission.  Lords. 
Ay, Ay.  L. H. St. 
Sir Samuel Astry, let Proclamation be made in order 〈…〉 the Commission of High Stewardship.  Clerk of the Crown. 
Sergeant at Arms, make Proclamation.  Sergeant at Arms. 
O yes, O yes, O yes, My Lord High Steward 〈…〉 Grace, does straightly charge and Command all manner of Person 〈…〉 and that have here attended, to departed hence in the peace 〈…〉 and of sovereign Lord the King, for his Grace, my Lord High Stewards of England 〈…〉 tends now to dissolve his Commission.  
And then the White Staff being delivered to his Grace, the Lord High 〈◊〉 〈…〉 he stood up, and holding it in both his Hands 〈…〉 it in 〈◊〉 then leaving the Chair, came down to the Wool p●ck and said, 〈…〉 Lordship's pleasure to adjourn to the House of 〈◊〉?  Lords. 
Ay; Ay.  L. H. St. 
This House is adjourned into the House 〈…〉.  
And so they went back in the same order that 〈…〉 and all the Assembly 〈…〉  
FINIS.