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cause_n	call_v	king_n	lord_n	3,158	5	3.7655	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59393	The several tryals 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 Sommers, Baron of Evesham, Lord High Chancellor of England, being lord high steward upon that occasion / publish'd by command of the House of Peers.	Warwick, Edward Rich, Earl of, 1673-1701.; Mohun, Charles Mohun, Baron, 1677?-1712.	1699 (1699)	Wing S2813; ESTC R37380	126,855	99

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 Murther 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 c. How say you Edward Earl of Warwick and Holland are you guilty of this Felony and Murther 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 sate 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 Serjeant at Arms make an O Yes Serjeant 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 Murther 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 Vsher of the Black Rod who during the whole Tryal 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. Serjeant 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 Tryal 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 Judgment for the same as shall be Just Mr. At. Gen. May it please your Lordships I am of Councel 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 Tryed 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 Lockett's 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 past 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

am so Innocent that I came and voluntarily Surrendred my self so soon as I heard your Lordships might be at leisure to Try me and had sooner done it but that the King was not then here nor your Lordships Sitting and had no mind to undergo a long Confinement and now I think I might well Submit it to your Lordships Judgment even on the Evidence has been offered against me whether there hath been any thing proved of Malice Prepense or my being any Actor therein so as to adjudge me Guilty And I think I may with humble Submission to your Lordships say that my Innocence appeareth even from several of the Witnesses who have been examined against me which I will not trouble your Lordships to Repeat but submit to your Memory and Observation But my Lords the Safety of my Life does not so much concern me in this Case as the vindication of my Honour and Reputation from the false Reflections to which the Prosecutor has endeavoured to expose me and I shall therefore beg your Lordships patience to give a fair and full account of this matter In which the Duty I owe to your Lordships and to Justice in general and the right I owe to my own Cause in particular do so oblige me that I will not in the least prevaricate neither will I conceal or deny any thing that is true My Lords I must confess I was there when this unfortunate Accident happened which must be a great misfortune in any Case but was more so to me in this because Mr. Coote was my particular Friend and I did all I could to hinder it as your Lordships may observe by the whole proceedings It was on the Saturday Night when my Lord Mohun and I and several other Gentlemen met at Locket's where the same Company used often to meet and in some time after several of us had been there Mr. Coote came unexpectedly and for some time he and we were very Friendly and in good Humour as we used to be with each other But then there happened some reflecting Expressions from Mr. Coote to Mr. French who thereupon called for the Reckoning and it being paid we 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 stop't to call for a Glass of Ale at the Barr 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 stop't him and I extreamly 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 perswading of him Mr. French in one Chair and Mr. James and Mr. Dockwray in two other Chairs past by us which we ghess'd to be them on which Mr. Coote made his Chairmen take him up again and because the Chairmen would not follow Mr. French faster threatned 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 befel Mr. Coote from Mr. French whom Mr. Coote had dangerously Wounded and I must account it a great unhappiness to us all who were there But so far was I from encouraging of it that I will prove to your Lordships that I did my utmost endeavours to prevent it so far from any design upon him that I exposed my own Life to save his so far from prepense 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 Murther 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. Capt Keeting you are not upon your Oath because the Law will not allow it In Cases of this Nature the Witnesses for the Prisoner are not to be upon Oath but you are to Consider that you speak in God's presence who does require the Truth should be testified in all Causes before Courts of judicature and their Lordships do expect that in what Evidence you give here you should speak with the same regard to truth as if you were upon Oath you hear to what it is my Lord 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

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 Coote's 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 shewed me the Wound he had received in his Hand and he desired he might be private and he told me he believed People would make worse of it then it was because he did not appear but he did but intend to keep himself out of the way till he could be Tryed 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 Tryal 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 Quarrell 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 Lye 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 Lordships giving Judgment 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 Councel 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 your self 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 Lordships 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 Councel 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.