’Tis needless to narrate here, as the reports of the lawyers already have chronicled them, the particulars or issue of that trial which ensued upon my Lord Castlewood’s melancholy homicide. Of the two lords engaged in that said matter, the second, my lord the Earl of Warwick and Holland, who had been engaged with Colonel Westbury, and wounded by him, was found not guilty by his peers, before whom he was tried (under the presidence of the Lord Steward, Lord Somers); and the principal, the Lord Mohun, being found guilty of the manslaughter (which, indeed, was forced upon him, and of which he repented most sincerely), pleaded his clergy; and so was discharged without any penalty. The widow of the slain nobleman, as it was told us in prison, showed an extraordinary spirit; and, though she had to wait for ten years before her son was old enough to compass it, declared she would have revenge of her husband’s murderer. So much and suddenly had grief, anger, and misfortune appeared to change her. But fortune, good or ill, as I take it, does not change men and women. It but develops their characters. As there are a thousand thoughts lying within a man that he does not know till he takes up the pen to write, so the heart is a secret even to him (or her) who has it in his own breast. Who hath not found himself surprised into revenge, or action, or passion, for good or evil; whereof the seeds lay within him, latent and unsuspected, until the occasion called them forth? With the death of her lord, a change seemed to come over the whole conduct and mind of Lady Castlewood; but of this we shall speak in the right season and anon.
The lords being tried then before their peers at Westminster, according to their privilege, being brought from the Tower with state processions and barges, and accompanied by lieutenants and axe-men, the commoners engaged in that melancholy fray took their trial at Newgate, as became them; and, being all found guilty, pleaded likewise their benefit of clergy. The sentence, as we all know, in these cases is, that the culprit lies a year in prison, or during the king’s pleasure, and is burned in the hand, or only stamped with a cold iron; or this part of the punishment is altogether remitted at the grace of the sovereign. So Harry Esmond found himself a criminal and a prisoner at two-and-twenty years old; as for the two colonels, his comrades, they took the matter very lightly. Duelling was a part of their business; and they could not in honour refuse any invitations of that sort.
