dinary defence was, that he could not be convicted under the statute, because his intention was not to maim, but to murder his victim.

The jury found them both guilty, and when the next day they were brought up for sentence, Coke again urged that "judgment could not pass on the verdict, because the Act of Parliament simply mentions an intention to maim or deface, whereas he was firmly resolved to have committed murder." He quoted several law cases in favor of the arguments he had advanced, and hoped that judgment might be respited till the opinion of the twelve judges could be taken on the case. The counsel for the crown opposed the arguments of Coke; insisted that the crime came within the meaning of the law, and demanded that judgment should pass against the prisoners.

Lord Chief Justice.-I do agree with the prisoner, that this is a penal law, and not to be extended by equity: that he that is guilty within this statute, must be guilty of all the circumstances within it, and if any one of the circumstances prescribed by the statute be wanting, he is not guilty. And therefore in all those cases put by you, if any one of the circumstances prescribed by the statute be wanting in any one of them, such case is out of the statute. But whether all the circumstances required by the statute did not concur in your case, was a matter of fact which the jury, who are the proper judges, have tried; and on such trial they have found them all to concur. You seem to argue upon a supposition of this fact to be otherwise than the jury have found it. The jury have found you guilty of all the circumstances within the statute. There was no matter of law in this case, but matter of fact; whether on purpose, and of malice forethought, and by lying in wait, the nose of Mr. Crispe was not slit, with

intention, in so doing, to maim or disfigure? And whether you were not feloniously present, aiding and abetting? The jury had the whole evidence before them; they considered of the whole matter, of the preparation and lying in wait to do the fact, of the fact itself, of the means and instrument made use of to do it; of the manner of doing it, and of all the other circumstances and particulars relating to the fact and on the whole, after they had withdrawn and considered amongst themselves for some time, they have found you guilty within the terms and circumstances of the statute; so that though all the cases put by you should be very good law, yet they do not any wise affect yours, because you are actually found guilty of the crime itself. Have you therefore anything to say against the indictment itself?

Coke. No, my lord; I hope I have one glimpse more from the king's most gracious pardon, that was published in the Gazette.

Lord Chief Justice. If you offer any pardon by act of Parliament, or under the great seal, I must take notice of it, and allow it to you; but if you mean only a promise of pardon in the Gazette, or other public advertisement, you must apply for that in another place; this doth not belong to me.

Coke. I hope I shall have the benefit of the pardon promised; and that his majesty will be graciously pleased to grant it me.

Lord Chief Justice.-If you have a right to it, you need not doubt but you will have it: his majesty is so just, that he will make good whatever he hath promised; but for this, your application must be immediately to his majesty.

Coke. I beg of your lordship that you will give me time, that I may not be hurried out of the world presently.

Lord Chief Justice.-I shall consider of it, and give you a convenient time.

Cl. of the Arr.-Crier, make an O Yes.

Crier. Our sovereign lord the king doth straightly charge and command all manner of persons to keep silence, whilst judgment is giving upon the prisoners convicted, upon pain of imprisonment.

Lord Chief Justice.-You that are the prisoners at the bar, you have been indicted and convicted of very great and heinous offences; I am very sorry that you have been the occasion of bringing yourselves to unfortunate ends, and that there is this melancholy necessity on me to pronounce the sentence of death upon you: but on fair trials the jury have found you guilty, and by the law you have forfeited your lives.

Coke. My lord, I am ashamed of myself; I did not expect to appear at this time in this place, where I have appeared in another manner.

Lord Chief Justice.-I am sure, Mr. Coke, you ought seriously to reflect on your past life: you cannot but own that you have been a great sinner; you have had malice in your heart against this gentlemen above three years.

Coke. Indeed, my lord, I know nothing of it.

Lord Chief Justice.-Moon hath sworn, that three years, or three years and a half ago, you sent to him, and proposed to him the knocking Mr. Crispe on the head.

Coke. I do declare it, my lord, as I shall answer it at the great day, I never spoke to Moon about any such thing.

Lord Chief Justice.-Supposing what Moon had said to be too much, yet the crimes you own and cannot deny, are exceeding heinous. You own that you invited your brother

to sup at your house, on purpose that you might have an opportunity of murdering him. This is such a crime as shocks human nature: the bare mentioning of it is frightful and terrible. The deeper, therefore, your crime is, the deeper your repentance ought to be. You have need to humble yourselves before Almighty God. Besides the judgment of the law, there is also His judgment seat, before which you must likewise appear: there all things are naked and bare, without color or disguise; every man must there appear, and receive according to the truth of his actions, as they were good or bad. How far it may please God to extend His mercy to you, I know not; He is infinite in mercy as well as in every other perfection: and this we are sure, that He never denies it to any who are prepared to receive it. Endeavor therefore to reconcile yourselves to Him; improve with diligence the little time that may be allotted you: send for proper persons who may advise and assist you.

The judge then sentenced them to be hanged.

The keeper carried away the prisoners to the gaol to be reserved till their doom. And on Saturday, the 31st of March, 1722, they were executed at Bury St. Edmund's.

A COMICAL MISDEMEANOR.

THE following extraordinary subject of judicial investigation is so amusing in the quaint, old record of it extant, that any addition or alteration would only tend to mar it. The trial, as reported, is this :

Hester Gregory, wife of John Gregory, of the parish of St. Mary, Woolnorth, and Hester Gregory, of the same place, spinster, were indicted for a misdemeanor, in that they (together with one John Smith) did conspire against, and by false insinuations, induce and persuade John Cockerell, a gentleman of £1,400 a year, to marry Abigail Cole; they pretending she was a lady of a great estate in Barbadoes, when they well knew that she was a person of evil character, and of no fortune; to the great disparagement of the said John Cockerell, to the great discomposure of his mind, and in order to lessen his estate and substance.

The trial on this indictment came on at the Old Bailey, in August, 1725.

The counsel for the plaintiff having opened the indictment, and the evidence against the defendants, the witnesses were called and sworn.

Mr. Cockerell.-About the middle of last April, I went to the house of Mrs. Eccleton, in Lombard Street, to speak with her mother, Mrs. Gregory (the elder of the defendants.) The business I had with her was, to demand a debt that was