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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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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.
was vvithout Blood only a little Dirty Mr. At. Gen. Pray Did you observe that they talked of any Quarrel that had been betvveen Capt. French and my Lord vvhen they came in Amy. No. Mr. At. Gen. Did you ask them any Questions about it the one or the other of them Amy. No I did not Mr. At. Gen. Did you hear them say hovv they came by their Wounds Amy. No I did not Mr. At. Gen. Did you hear them talk of any body being killed particularly Mr. Coote Amy. I did not know of any body being killed till next day Mr. At. Gen. Did you take any notice of James's and Dockwra's Swords Amy. Truly I took no notice of any Swords but my Lord Warwick's while my Lord Warwick was there in the House but the next Morning Mr. French gave me his Sword and there was another Sword there which Mr. French told me was Capt. Coote's Sword Mr. At. Gen. When was that How long after my Lord of Warwick and James and Dockwra were gone away Amy. It was some Hours after Mr. At. Gen. When did you hear of Mr. Coote's being killed Amy. About Nine a Clock next Morning I heard of Mr. Coote's being killed Mr. At. Gen. Whom did you hear it from Amy. From Pomfret my Servant Mr. At. Gen. Did you hear no Discourse between my Lord of Warwick Capt. French Mr. James and Mr. Dockwra about it Amy. No. I did not Mr. At. Gen. Did they not talk ●ow those Wounds came they had nor did not you ask who gave them Amy. No I did ask no question of either of them and in Half an Hour after they came in my Lord of Warwick and the other Two Gentlemen went away Mr. At. Gen. When they left French there What Orders were left about him Amy. Only to take care of him my Lord of Warwick desired that Mr. At. Gen. What Reason did my Lord give for that Amy. I heard nothing of Reason only that he was his particular Friend Mr. At. Gen. Did you hear them talk any thing wither they would go when they went away Amy. I did hear some talk about going into the Country Mr. Att. Gen. Who was it that said that Amy. My Lord of Warwick when they were going away said Let us go into the Country Mr. Att. Gen. Do you know whither they went when they went away from your House Amy. No indeed I did not Mr. At. Gen. My Lord we have done with him L. H. St. My Lord Warwick Will your Lordship ask this Withess any Questions E. of War I desire to have him asked whether I was not wounded in the Hand Amy. His Hand was very bloody the Handkerchief that was about it was wet with the Blood E. of War I desire to ask him when it was that he saw Capt. French's Sword Amy. It was not before the Morning it was about Nine a Clock as I remember M. of Norm Before this Witness goes away I desire he may be asked one Question whether he can tell the size of Mr. French's Sword L. H. St. Here is a Noble Lord that desires to know if you can tell about Capt. French's Sword what sort of Sword it was Amy. As to the Blade it was a middle siz'd Sword M. of Norm Was it a broad Blade or no Amy. No my Lord it was not a broad Blade L. H. St. Mr. Attorney Who is your next Witness Mr. At. Gen. Capt. Loftus Duckingfield Who was Sworn Mr. At. Gen. This Gentleman will acquaint your Lordships what Discourse past between these Gentlemen the next Day pray Sir acquaint my Lords what you heard about Mr. Coote's Death and when and where Capt. Duckingfield Early in the Morning I was told of this Accident Mr. At. Gen. By whom Capt. Duck. One of the Company I cannot tell who I think they were all together then my Lord of Warwick Capt. James Capt. Dockwra and no body else Mr. At. Gen. What was their Discourse Capt. Duck. They said they believed Capt. Coote was killed Mr. At. Gen. Did they tell you by whom Capt. Duck. By Mr. French every body did say he was his Adversary Mr. At. Gen. What Account vvas given of the Action Capt. Duck. They said it vvas done in the dark and Capt. French vvas his Adversary Mr. At. Gen. Was there any notice taken of any Duel Capt. Duck. Yes there vvere betvveen those Tvvo and the other Persons on both sides and it vvas said my Lord of Warwick vvas Friend to Mr. Coote and my Lord Mohun Mr. At. Gen. Who were on the other side Capt. Duck. Mr. Dockwra and Mr. James Mr. At. Gen. Were there any Discourse who actually fought Capt. Duck. It was said that Capt. French fought with Capt. Coote as they believed and Mr. James with my Lord of Warwick Mr. At. Gen. Did you see my Lord of Warwick's Sword Capt. Duck. Some time of the Day I did but I cannot tell whether it was in the Morning or no. Mr. At. Gen. In what condition was it Was it bloody or not Capt. Duck. It was a Stoc● Sword Mr. At. Gen. How long did they stay with you Capt. Duck. About Half an Hour Mr. At. Gen. Did they come publickly Capt. Duck. We went away in a Hackney Coach together Mr. At. Gen. ●ray what Discourse were there about consulting to go into the Countrey together Capt. Duck. That might be Discoursed but by whom I cannot tell Mr. At. Gen. Did my Lord of Warwick talk of going into the Countrey Capt. Duck. Whether the Company talked of it or my Lord of Warwick in particular and the rest assented to it I cannot well tell Mr. At. Gen. Whither did they go Capt. Duck. I cannot directly tell Mr. At. Gen. What time of the Day was it Capt. Duck. It was about Six of the Clock Mr. At. Gen. Cannot you tell wither they went Capt. Duck. Capt. James and Capt. Dockwra went to the Sh●p and Cas●le in Cornhill about Five a Clock or Six as near as I can remember Mr. At. Gen. Can you tell what time my Lord of Warwick went away Capt. Duck. No I cannot tell what time he went away not directly Mr. At. Gen. Can you tell of any Agreement amongst them whither they were to go Capt. Duck. No I cannot Mr. At. Gen. What Discourse or Concern did you observe past between them concerning Capt. Coote Capt. Duck. My Lord of Warwick shewed a great deal of Concern for his Friend Mr. Coote Mr. At. Gen. Had you any notice of Mr. Coote's Death amongst you Capt. Duck. We had notice before we went away but I cannot tell whether it was before my Lord of Warwick was gone Mr. At. Gen. Was it after the Discourse of going into the Country or before Capt. Duck. Indeed I cannot directly say when it was Mr. At. Gen. Pray what reason was there for their going into the Country before he was dead Capt. Duck. They believed he was dead Mr. At. Gen. Cannot you tell the reason why they would go
he lay and where I saw him he had a hurt in his Hand and it was layd open it was in the Finger and that he said was all he got by endeavouring to part people from Fighting Mr. Attorney General Pray Sir when was this Witness It was several Days after the death of Mr. Coote Lord High Steward I told your Lordship before that in Point of Law such Evidence would signifie nothing because your declaring any matter after the thing was done in relation to the Fact could not be admitted as legal Evidence if any of my Lords be of another Opinion I suppose they will declare it Lord Mohun My Lords I submit it to your Lordships I only desire he may be askt whether he saw my Hand or no and how it was Witness I saw my Lord's Finger and it had been laid open some time before and he said he had received that Wound by endeavouring to part Captain French and Captain Coote that 's all I know of the matter Mr. Attorney General But pray when was that that he declared so how long after the death of Mr. Coote Witness It was several Days after that Lord High Steward You hear in point of Law that can be no Evidence at all if you have no other Witnesses to call your Lordship would do well to sum up your Evidence and make what Observations you think fit upon the Evidence that has been given for the King Lord Mohun My Lords I hope I shall make my Defence against this Accusation with all the modesty and submission to your Lordships that becomes me I am very much ashamed to be brought before your Lordships upon any such account as this again after having been once before your Lordships upon such an account before I may very well say I am not guilty at all of having any hand in Mr. Coote's death and I can assure your Lordships I will avoid all occasions of giving you any trouble of this nature for the future I do not doubt but to acquit my self of all Guilt in relation to this matter and indeed with submission to your Lordships there has been no Evidence given relating to me that do infer any Guilt upon me to prove that I was at the place where this Fact was done therefore I shall only make some few little Remarks upon what has been said and leave it all to your Lordships consideration The King's Council first have call'd the Drawer of the House and he has satisfied that I did so far endeavour to part 'em that I threaten'd to send for the Guards and secure 'em if they would not go home and when they went into the Chairs I went into my Chair on purpose to follow 'em down to Westminster whither I would have had 'em gone the prick that I got in my Finger of it self speaks that I endeavour'd to part 'em and so the Drawer he has told you I am sure it was the occasion of a great deal of pain to me it being forc'd to be afterwards laid open the Chair-men that carried Mr. Coote swears that I at the Door of the Tavern in St. Martins-lane did make 'em stand and when I came up to 'em I begg'd as for an Alms that they would go home and I askt Coote whither he was going which proves that I was not conscious of any design of going to fight at that time your Lordships are likewise told that when we came to Green-street end I was set down upon the pav'd Stones I was so indeed and I went up about five or six Yards but that is all that 's prov'd but I did take the quite contrary way to the place where Mr. Coote was wounded then there was another Chair-man one Applegate and truly what use they make of him I cannot imagine as an Evidence against me for he says I was very earnest in St. Martins-lane to hinder any Quarrel and indeed at the Tavern door at Locket's I was so at first and when we came to St. Martins-lane end he says that I order'd 'em to make them stop and askt Coote whither he was going and he saying he was going to Leicester-fields I endeavour'd all I could to perswade him to the contrary and did intreat him that he would go no farther but go down to Westminster to his Lodging or lodge with me but Mr. Coote would not give me time at that time the other Chairs coming by to give him further reasons but would go away and then it is objected that I should say That if they would go I would go and see that was my Lords I would go on till I could have a further opportunity to prevent any Fighting amongst them and the Witness Ketro says my Lord of Warwick did bid the Chair to follow the other Chair in which Captain Coote was my design was for Westminster to go to my Lodgings and when we came to the end of the Square if I did go up the whole Stones it was directly the contrary way to the place where it is prov'd this Fact happen'd for the next Witness Edwards he says he saw no body walking upon the pav'd Stones and truly I did go the direct way into Newport-street and for my not appearing before it was for avoiding confinement and I must submit the whole matter to your Lordships how far any Guilt is fix'd upon me not being prov'd to be in the Field at the time when they fought or seen to be in the Company when they came up and sound Mr. Coote wounded and dying or dead It is a plain case I could have no hand at all in his death and so I think I need give no further trouble to your Lordships for I believe your Lordships cannot but be satisfied that as I have pleaded I am not Guilty of killing this Gentleman nay it is impossible that I should go into the Field to be a second when my own right Hand was Wounded for I was not able to hold my Sword in my Sword Hand because of that Wound I submit the matter intirely to your Lordships from whom I am sure to meet with every thing that will be suitable to Honour and Justice Lord High Steward The Kings Council are now to Sum up the Evidence for the King Mr. Sollicitor General begun to Sum up the Evidence for the King but his Voice was so low and the noise in the Hall so great that he could not be heard and therefore the Lord High Steward moved the House that he might stand by the Prisoner at the Bar which was something nearer than the place where the Kings Council stood as was done the day before and it was order'd accordingly Lord High Steward Mr. Sollicitor Pray raise your Voice as much as you can that all my noble Lords may hear you Several of the Lords did move that one that had a better Voice might Sum it up and particularly Mr. Cooper but it being usually the part of the Sollicitor General and he only having