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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

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spec eis superius separatim impoit sint quiet Et eant quilibet eorum sit quiet eat inde sine die c. 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 eis 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 eis 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 Justic 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 c. usque prox Gaote deliberationem dci Dni Regis de Newgate pred pro Com. Midd. pred tenend de Judicio suo de super Premssis illis audiend c. Eo qd prefat Justic dci Dni Regis ult noiat Cur. hic inde nondum c. Lord High Steward Is it your Lordships Pleasure that the Judges may be Covered Lords Ay Ay. Then the Judges put on their Caps Clerk of the Crown Serjeant at Arms make Proclamation Serjeant 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 Ax carried before him by the Gentleman Jaylor 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 Tryal 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 call'd 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 Hainous 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 Try'd before so Noble Discerning and Equal Judges that nothing but your own Guilt 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 Proceedings of this Nature Nor will it turn to your Prejudice that you have not the assistance of Councel in your Defence as to the Fact which cannot be allowed by Law and their Lordships have already assigned you Councel if any Matters of Law should arise Your Lordship throughout your whole Tryal may assuredly promise your self to find all the Candor 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 depart 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 your self upon this Occasion in the best manner you can You ought to hear with Temper what the King's Councel 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 your self and your Witnesses will be heard with great Patience and Attention and when my Lords have Heard and Considered the whole Matter the Judgment 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 c. with Force and Arms c. 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
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