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england_n	king_n	lord_n	steward_n	3,663	5	10.8739	5	false

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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

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

D. of Ormond Not Guilty upon my Honour D. of Southampton Not Guilty upon my Honour D. of Richmond Not Guilty upon my Honour D. of Sommerset Not Guilty upon my Honour L. H. Steward My Lord Steward Is Charles Lord Mohun Guilty c. Lord Steward Not Guilty upon my Honour L. H. Steward My Lord President Is Charles Lord Mohun Guilty c. Lord President Not Guilty upon my Honour Then the Lord High Steward of England standing up uncovered putting his right Hand upon his Breast said my Lord Mohun is not Guilty upon my Honour Then the Lord High Steward seated himself again in the Chair to take the Number of the Peers who had given their Judgment L. H. St. My Lords Eighty Seven of your Lordships are present and you are all unanimously of Opinion That my Lord Mohun is Not Guilty of the Felony and Murther whereof he stands Indicted Lords Ay Ay. L. H. St. Let the Prisoner be call'd to the Ba● Clerk of the Crown Serjeant at Arms make 〈…〉 Serjeant at Arms. O yes O yes O yes My 〈…〉 his Grace does straightly charge and command all manner 〈…〉 to keep Silence upon pain of Imprisonment Clerk of the Crown Serjeant at Arms make Proclamation Serjeant at Arms. O yes O yes O yes Chief Governour of the Tower ●●●don bring forth the Body of your Prisoner Charles Lord Mo●●● Whom you committed to you in order to be brought hither this Day 〈◊〉 Pain and will fall thereon Then he was brought forth to the Bar and the Lord High Steward 〈◊〉 drest himself to him in this manner L. H. St. My Lord Mohun you have been Indicted fee the 〈◊〉 of Richard Coote upon which Indictment your Lordship has been 〈…〉 upon your Arraignment has pleaded Not Guilty and for your 〈…〉 put your self upon your Peers my Lords here present and they 〈…〉 Evidence and have consider'd of it and deliver'd their Judg●●● 〈…〉 matter and I am to acquaint your Lordship they are all 〈…〉 ●●●nion That your Lordship is not Guilty of the Felony and 〈…〉 stand Indicted and therefore your Lordship is discharged 〈…〉 paying your Fees Then the Lord Mohun made his Reverence to the Lords 〈…〉 himself thus Lord Mohun My Lords I do not know which way to 〈…〉 Thankfulness and Acknowledgment of your Lordships great 〈…〉 to me but I crave leave to assure your Lordships That I will 〈…〉 it the Business of the future part of my Life so to behave my self in 〈…〉 ●●●●sation in the World as to avoid all things that may bring me 〈…〉 Circumstances as may expose me to the giving your Lordships 〈…〉 this nature for the future And then making his Reverences to 〈…〉 away from the Bar. Clerk of the Crown Serjeant at Arms make Proclamation Serjeant at Arms. O yes O yes O yes All manner of Pers●● 〈…〉 are commanded to keep Silence by my Lord High Steward of 〈…〉 Grace upon pain of Imprisonment L. H. St. My Lords The Tryal ●●ing at an end 〈…〉 to be done here but the determining the Commission Lords Ay Ay. L. H. St. Sir Samuel Astry let Proclamation be made in order 〈…〉 the Commission of High Stewardship Clerk of the Crown Serjeant at Arms make Proclamation Serjeant at Arms. O yes O yes O yes My Lord High Steward 〈…〉 Grace does straightly charge and Command all manner of Person 〈…〉 and that have here attended to depart hence in the peace 〈…〉 and of ●●veraign Lord the King for his Grace my Lord High Stewards of England 〈…〉 tends now to dissolve his Commission And then the White Staff being delivered to his Grace the Lord High 〈◊〉 〈…〉 he stood up and holding it in both his Hands 〈…〉 it in 〈◊〉 then leaving the Chair came down to the Wool p●ck and said 〈…〉 Lordships pleasure to adjourn to the House of 〈◊〉 Lords Ay Ay. L. H. St. This House is adjourned into the House 〈…〉 And so they went back in the same order that 〈…〉 and all the Assembly 〈…〉 FINIS

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

House of Lords Lords Ay Ay. L. H. St. This House is Adjourned to the House of Lords● Then the Lords went in Procession in the same Order that they came into the Court. FINIS THE TRYAL OF Charles Lord Mohun Die Mercurii 29 Martii 1699. ABout One of the Clock the Lords came in the same Order as the day before to the Tryal of the Earl of Warwick into the Court erected in Westminster-Hall Clerk of the Crown Serjeant at Arms make Proclamation Serjeant at Arms. O Yes O Yes O Yes My Lord High Steward his Grace does Strictly Charge and Command all manner of Persons here present to keep Silence upon Pain of Imprisonment Serj. at Arms. O Yes O Yes O Yes All manner of Persons who are obliged to give their Attendance here this day before his Grace my Lord High Steward of England let them give their Attendance forthwith Cl. of the Crown Serjeant at Arms make Proclamation again Serj. at Arms. O Yes O Yes O Yes His Grace my Lord High Steward of England does Straitly Charge and Command all manner of Persons here present to be Uncovered Cl. of the Crown Serjeant at Arms make Proclamation again Serj. at Arms. O Yes O Yes O Yes Chief Governor of the Tower of London bring forth the Body of your Prisoner Charles Lord Mohun forthwith upon Pain and Peril will fall thereon Then my Lord Mohun was brought to the Bar. Lord High Steward My Lord Mohun your Lordship is now brought upon your Tryal for the Murder of Mr. Coot for which you stand Indicted by the Grand Jury for the County of Middlesex The King who knows that Justice is one of the Pillars which supports a Throne will have a strict Account taken of the Blood of any of his Subjects without Respect to the Quality of the Slain or of the Person who stands Charged with his Death There is not one of the Noble Peers here present who are to be your Tryers but does heartily wish your Lordship Innocent But on the other side if you should appear to be Guilty upon the Evidence you ought not to hope that any Consideration of Relation Friendship or Pity will prevail against Justice And therefore since in your present Condition every thing that is valuable in this World is at stake it will be highly necessary for your Lordship to recollect your self and to have your best Thoughts about you Facts of this Nature are frequently attended with such unhappy Circumstances that a Noble Person may be justly covered with Shame to have Faults and Weaknesses exposed to such an Assembly as this altho he be not Conscious to himself of the Guilt of Blood But your Lordship ought not to be so far discomposed with any Thoughts of this Kind as to neglect your Defence against this heavy Accusation of Murder In order to this it is necessary for your Lordship to hear with Temper what will be said against you and by no Means to Interrupt the Councel or Witnesses I will take Care to give your Lordship notice when the proper time comes for you to make your Observations upon the Evidence to Examine your Witnesses and to say what you think proper for your own Defence And when my Lords have heard and fully and maturely Considered the whole Matter their Lordships will give such a Judgment as the Law and Justice require L. H. St. Read the Indictment to my Lord. Clerk of the Crown CHarles Lord Mohun your Lordship Stands Indicted in the County of Middlesex by the Name of Charles Lord Mohun of Oakehampton in the County of Devon late of the Parish of St. Martin in the Fields in the County of Middlesex together with Edward Earl of Warwick and Holland late of the same Parish and County Richard French late of the same Parish and County Gent. Roger James late of the same Parish and County Gent. and George Dockwra late of the same Parish and County 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 Soverein Lord that now is William the Third by the Grace of God of England Scotland France and Ireland King 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 that now is then and there being Feloniously Wilfully and of your Malice afore-thought did make an Assault and that the aforesaid Edward Earl of Warwick and Holland with a certain Sword made of Iron and Steel of the value of 5 s which he the said Edward Earl of Warwick and Holland in his Right 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 Richad Coote then and there Feloniously Voluntarily and of his Malice afore-thought did Strike Stab and Thrust in giving to the said Richard Coote then and there with the drawn Sword 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 he the aforesaid Richard Coote then and there instantly died And that you the said Lord Mohun together with the said Richard French Roger James and George Dockwra then and there Feloniously Wilfully and of your Malice afore-thought were present aiding abetting comforting assisting and maintaining the said Edward Earl of Warwick and Holland the said Richard Coote in manner and form aforesaid Feloniously Wilfully and of his Malice afore-thought to Kill and Murder and so the said Edward Earl of Warwick and Holland and you the said Charles Lord Mohun Richard French Roger James and George Dockwra the aforesaid Richard Coote in manner and form aforesaid Feloniously Wilfully 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 How say you Charles Lord Mohun are you Guilty of this Felony and Murder whereof you stand Indicted or Not Guilty Lord Mohun Not Guilty Cl. of the Crown Culprit How will you be Tryed L. Mohun By God and my Peers Cl. of the Crown God send your Lordship good Deliverance Cl. of the Crown Serjeant at Arms make Proclamation Serj. at Arms. O Yes O Yes O Yes All manner of Persons that will give Evidence on behalf of our Sovereign Lord the King against Charles Lord Mohun the Prisoner at the Bar let them come forth and give their Evidence for now he stands at the Bar for his Deliverance L. Mohun My Lords I desire I may have the Benefit of Pen Ink and Paper L. H. St. Your Lordships are

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.