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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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IN pursuance of an Order of the House of PEERS of the One and Thirtieth Day of March 1699 I do Appoint Jacob Tonson to Print the several Tryals of Edward Earl of Warwick and Holland and Charles Lord Mohun And do forbid any other Person to Print the same SOMMERS C. 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 In the SAVOY Printed by Edward Jones for Jacob Tonson at Grays-Inn-Gate next Grays-Inn Lane MDCXCIX THE TRYAL OF EDWARD Earl of Warwick and Holland Die Martis 28 Martii 1699. ABout Eleven of the Clock the Lords came from their own House into the Court Erected in Westminster-Hall for the Tryals of Edward Earl of Warwick and Holland and Charles Lord Mohun in the Manner following The Lord High Steward's Gentlemen Attendants two and two The Clerks of the House of Lords with the Two Clerks of the Crown in the Courts of Chancery and Kings-Bench The Masters in Chancery two and two Then the Judges The Peers Eldest Sons and Peers Minors two and two Four Serjeants at Arms with their Maces two and two The Yeoman Usher of the House Then the Peers two and two beginning with the youngest Barons Then Four Serjeants at Arms with their Maces Then one of the Heralds attending in the Room of Garter who by reason of his Infirmity could not be present And the Gentleman Usher of the Black Rod carrying the White Staff before the Lord High Steward Then the Lord Chancellor Lord High Steward of England alone When the Lords were seated on their proper Benches and the Lord High Steward upon the Wooll-pack The Two Clerks of the Crown in the Courts of Chancery and Kings-Bench standing before the Clerks Table with their Faces towards the State The Clerk of the Crown in Chancery having His Majesty's Commission to the Lord High Steward in his Hands made three Reverences towards the Lord High Steward and the Clerk of the Crown in Chancery on his Knees presented the Commission to the Lord High Steward who delivered it to the Clerk of the Crown in the Kings-Bench then likewise Kneeling before his Grace in order to be Opened and Read and then the Two Clerks of the Crown making three Reverences went down to the Table and the Clerk of the Crown in the Court of Kings-Bench Commanded the Serjeant at Arms to make Proclamation of Silence which he did in this manner Serjeant at Arms. O Yes O Yes O Yes My Lord High Steward his Grace does straitly Charge and Command all manner of Persons here present to keep Silence and hear the King's Majesty's Commission to His Grace my Lord High Steward of England directed openly Read upon pain of Imprisonment Then the Lord High Steward stood up and spoke to the Peers Lord High Steward Your Lordships will be pleased to Stand up and be Uncovered while the King's Commission is Reading All the Peers Stood up and were Uncovered while the Commission was Read Clerk of the Crown GVlielmus Tertius Dei Gratia Angl. Scoc. Franc. Hibern Rex Fidei Defensor c. Praedilecto fideli Consiliar nostro Johanni Domino Somers Cancellar nostro Angl. Sciatis quod Cum Edrus Comes Warwic Holland nuper de Paroch Sci. Martini in Campis in Com. Middlesex Carolus Dominus Mohun nuper de Paroch praedict in Com. praedict coram dilectis fidelib nostris Carolo Lee Milit. Samuel Buck Willielmo Withers Francisco Tysson Armigeris aliis sociis suis Justiciar nostris ad inquirend per Sacramentum probor legalium hominum de Com. nostro Middlesex praedict ac aliis viis modis mediis quibus melius sciverint aut poterint tam infra libertat quam extra per quos rei veritas melius sciripoterit inquiri de quibuscunque proditionibus Misprisionibus prodition Insurrectionib Rebellionib Controfact tonsur lotur. falsis fabricationib aliis falsitat Monet hujus Regni nostri Angl. alior Regnor sive Dominior quorum cunque ac de quibuscunque Murdris Feloniis Homicid Interfectionibus Burglar Raptib Mulier Congregationib Conventicul illicit verbor prolationib Coadunationib Misprisionib Confederationibus falsis Alleganciis Transgressionibus Riotis Routis Retentionib Escapiis Contempt Falsitat Negligentiis Concelament Manutenent Oppressionibus Cambiparciis Deceptionib aliis Malefactis Offenc Injur quibuscunque Necnon Accessar eorundem infra Com. praedict tam infra libertat quam extra per quoscunque qualitercunque habit fact perpetrat sive commis per quos vel per quem cui vel quibus quando qualiter quomodo de aliis Articul Circumstanc praemiss seu eor alicujus vel aliquor qualitercunque concernen plenius veritat ad easdem proditiones al. praemiss audiend terminand secundum legem consuetud Regni nostri Angl. nuper assignat de Felonia Murdro per ipsos Edrum Comitem Warwic Holland Carolum Dominum Mohun Commiss Perpetrat per sacrament probor legal hominum Com. nostri Middlesex praedict Indictat Existunt Nos considerantes quod Justitia est virtus excellens altissimo complacens Volentesque quod praedict Edrus Comes Warwic Holland Carolus Dominus Mohun de pro Felonia Murdro unde ipsi ut praefertur Indictat existunt coram Nob. in presenti Parliament nostro secundum Leg. consuetud Regni nostri Angl. Audiantur Examinantur sententientur Adjudicentur Caeteraque omnia quae in hac parte pertinent debo modo exerceantur exequantur Ac pro eo quod Officium Seneschalli Angl. cujus praesentia in hac parte requiritur ut Accepimus jam vacat Nos de Fidelitate Prudentia provida Circumspectione Industria vestris plurimum confidentes Ordinavimus Constituimus vos ex hac causa Seneschallum Angl. ad Officium illud cum omnibus eidem Officio in hac parte debit pertinen hac vice gerend occupand exercend Et ideo vob Mandamus quod circa praemiss diligenter intendatis ea omnia quae in hac parte ad Officium Seneschal Angl. pertinent requiruntur hac vice faciatis exerceatis exequamini cum effectu In Cujus rei Testimonium has literas nostras fieri fecimus Patentes Teste meipso apud Westmonasterium vicesimo quinto die Martii Anno Regni nostri Vndecimo Per Ipsum Regem propria Manu Signat Serjeant at Arms. God Save the King Then the Herald and the Gentleman Usher of the Black Rod after three Reverences Kneeling presented the White Staff to his Grace and his Grace removed from the Woollpack to the Chair which was placed upon an Ascent just before the uppermost Step of
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.