State Trials, Political and Social. Volume 2 (of 2)
History
State Trials, Political and Social. Volume 2 (of 2)
Trials -- Great Britain
_The Solicitor-General_ then proceeded to sum up for the Crown, and
since he could not be heard by some lords at the upper end of the house,
the _Duke of Leeds_ moved either that 'any person that has a stronger
voice should sum up the evidence,' or that 'you will dispense with the
orders of the house so far, as that Mr. Solicitor may come to the
clerk's table, or some other place within the house, where he may be
heard by all.' _The Earl of Rochester_ opposed the second alternative on
the ground that 'in point of precedent many inconveniences' would occur
were such a course adopted.
_The Earl of Bridgewater_ suggested that the difficulty might be met by
sending the guard to clear the passages about the court, which was
accordingly done, apparently with success.
_The Solicitor-General_ then continued his summing up the evidence; his
only original comment on the case being that as there was no evidence
as to whose hand it was by which Coote was wounded, 'until that can be
known, every person that was there must remain under the imputation of
the same guilt, as having a hand, and contributing to his death.'
Then the lords went back to their own house in the same order
they came into the court in Westminster Hall, and debated the
matter among themselves, what judgment to give upon the
evidence that had been heard; and in about two hours' time they
returned again into the court, erected upon a scaffold in
Westminster-hall; and after they were seated in their places,
the Lord High Steward being seated in his chair before the
throne, spoke to the Lords thus:
LORD HIGH STEWARD--Will your lordships proceed to give your
judgment?
LORDS--Ay, Ay.
Then the Lord High Steward asked this question of every one of
the lords there present, beginning with the puisne baron, which
was the lord Bernard.
LORD HIGH STEWARD--My lord Bernard, is Edward Earl of Warwick
guilty of the felony and murder whereof he stands indicted, or
not guilty?
The lord Bernard stood up in his place uncovered, and laying
his right hand upon his breast pronounced his judgment thus:
LORD BERNARD--Not Guilty of murder, but Guilty of manslaughter,
upon my honour.
The same question was asked severally of all the lords, who in
the same form delivered the same opinion.
Then the Lord High Steward reckoned up the number of peers
present, and the opinions that were given, and announced that
there were 93 present, and that they had all acquitted lord
Warwick of murder, but had found him guilty of manslaughter.
Lord Warwick was then called in, the judgment was announced to
him, and he was asked what he had to say why judgment of death
should not be pronounced against him according to law. And he
claimed the benefit of his peerage, under the statute of Edward
the 6th.
Public-domain text, read in full here on John Shaqi.
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