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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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Guilty of Manslaughter upon my Honour E. of Tankerville Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Warrington Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Scarborough Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Torrington Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Marlborough Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Mountague Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Portland Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Nochester Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Nottingham Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Yarmouth Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Radnor Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Macclesfield Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Feversham Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Burlington Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Carlisle Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Bath Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Anglesey Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Essex Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Scarsdale Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Thanet Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Chesterfield Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Carnarvan Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Kingston Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Winchelsea Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Stamford Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Peterborow Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. Rivers Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Manchester Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Denbigh Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Leicester Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Bridgwater Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Dorset and Middlesex Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Suffolk Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Huntington Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Darby Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Kent Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Oxford Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. High Steward My Lord Great Chamberlain Is Edward Earl of Warwick Guilty c. E. of Lindsey Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. H. Steward My Lord Marquis of Normanby Is Edward Earl of Warwick Guilty c. L. Marquis of Normanby Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Marquis of Hallifax Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. H. Steward My Lord Duke of Newcastle Is Edward Earl of Warwick Guilty c. D. of Newcastle Not Guilty of Murder but Guilty of Manslaughter upon my Honour D. of Scomberg Not Guilty of Murder but Guilty of Manslaughter upon my Honour D. of St. Albans Not Guilty of Murder but Guilty of Manslaughter upon my Honour D. of Northumberland Not Guilty of Murder but Guilty of Manslaughter upon my Honour D. of Ormond Not Guilty of Murder but Guilty of Manslaughter upon my Honour D. of Southampton Not Guilty of Murder but Guilty of Manslaughter upon my Honour D. of Richmond Not Guilty of Murder but Guilty of Manslaughter upon my Honour D. of Somerset Not Guilty of Murder but Guilty of Manslaughter upon my Honour D. of Devonshire Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. High Steward My Lord President Is Edward Earl of Warwick Guilty c. D. of Leeds Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. High Steward My Judgment is That my Lord of Warwick is not Guilty of the Murder but i● Guilty of Manslanghter upon my Honour Then the Lord High-Steward reckoned up the Number of the Peers that were there present and the Opinions that were given and afterwards acquainted their Lordships with the Resolution that they came to in this manner L. H. St. My Lords Your Lordships are Ninety three in Number here present and you have all acquitted my Lord of Warwick of the Murder whereof he stands Indicted but you are of Opinion that he is Guilty of Manslaughter Is it your Pleasure that he should be called to the Ba● and acquainted with your Lordships Judgment Lords Ay Ay. Cl. of the Crown Serjeant at Arms make Proclamation Serj. at Arms. O Yes O Yes O Yes Chief Governor of the Tower of London bring forth the Body of your Prisoner Edward Earl of Warwick forthwith upon Pain and Peril will fall thereon Then the Earl of Warwick was brought to the Bar. L. H. St. My Lord of Warwick your Lordship has been Arraigned upon an Indictment for the Killing Mr. Coote you have pleaded Not-Guilty and put your self upon your Tryal by your Peers here present my Lords have heard the Evidence given both against you and for you and have considered of it and are come to a Resolution and their Judgment is That your Lordship is not Guilty of the Murder whereof you stand Indicted but that you are Guilty of Manslaughter What has your Lordship to say why Judgment of Death should not be pronounced against you according to the Law E. of Warw. My Lords I desire that the Benefit of my Peerage may be allowed me according to the Statute of Edward the Sixth L. H. St. My Lord your Lordship has demanded the Benefit of your Peerage upon the Statute of Edward the 6th and you must have it by Law but I am directed by their Lordships to acquaint you That you cannot have the Benefit of that Statute twice therefore I am likewise directed by their Lordships to say That they hope you will take a more than ordinary Care of your Behaviour for the future that so you may never hereafter fall into such unfortunate Citcumstances as you have been now under my Lords hope this will be so sensible a Warning that nothing of this kind will ever happen to you again your Lordship is now to be Discharged L. H. St. Is it your Lordships pleasure to adjourn to the
was they were going about It must be left to your Lordships Judgment whether he shall not be presumed to be there when the Fact was done especially his saying when he could not prevail in St. Martins-lane to put the matter off till another time that if they did go on he would go and see it so that putting these two Circumstances together his going in one of the Chairs with my Lord Warwick and Coote and what he said after when the Chairs stopt in St. Martins-lane we think are Circumstances to induce your Lordships to believe that he was present at the time of the Fact committed or very near the place and if that be so how far he is Guilty must be submitted to your Lordships consideration and this is all that I shall trouble your Lordships with without repeating the particular Evidence which your Lordships I am sure very well remember Lord Mohun My Lords I desire I may say one Word in answer to what Mr. Sollicitor has observ'd I think your Lordships have had no Evidence given you where Mr. Coote was kill'd but only the Chair-man that was desir'd to bring over his Chair within the Rails says it was towards Penton-street which is quite contrary to the place where I was set down at Green-street end I must then be at a very great distance from the place where the Fact was done Lord High Steward If all have done on both besides then your Lordships have nothing left but to consider of the Evidence which has been given which I suppose you will do among your selves Lords Ay Adjourn Adjourn Lord High Steward Is it your Pleasure my Lords to Adjourn into the House of Lords Lords Ay Ay. L. H. St. This House is Adjourn'd into the House of Lords And the Lords went back in the same Order to the House of Lords and there they stay'd for about two Hours time debateing the matter among themselves and afterwards returned again into the Court in Westminster-Hall and were seated all in their places as they were before and the Lord High Steward was seated in the Chair before the Throne Clerk of the Crown Serjeant at Arms make Proclamation Serjeant at Arms. O Yes O Yes O Yes My Lord High Steward of England his Grace doth straightly Charge and Command all manner of Persons here present to be uncovered and keep Silence upon Pain of Imprisonment L. H. St. Is it your Lordships pleasure to go on now to give your Judgment Lords Ay Ay. L. H. St. Then I must pray your Lordships to give me time to write down your Opinions distinctly that I may be able to acquaint you with certainty of the Numbers Lords Ay Ay. Then the Lord High Steward stood up and put the Question to every Lo●● beginning with the Youngest Baron to know what his Judgment was and the Lord to whom he call'd stood up in his place Uncovered and laying his right Hand upon his Breast deliver'd his Judgment in the manner following L. H. St. My Lord Bernard Is Charles Lord Mohun Guilty of the Felony and Murder whereof he stands Indicted or Not Guilty L. Bernard Not Guilty upon my Honour The same Question was asked severally of all the Lords who in the same Form delivered their Opinions as followeth L. Herbert Not Guilty upon my Honour L. Weston Not Guilty upon my Honour L. Ashburnham Not Guilty upon my Honour L. Chalmondly Not Guilty upon my Honour L. Jefferys Not Guilty upon my Honour L. Godolphin Not Guilty upon my Honour L. Guilford Not Guilty upon my Honour L. Oselstone Not Guilty upon my Honour L. Osborne Not Guilty upon my Honour L. Craven Not Guilty upon my Honour L. Cornwallis Not Guilty upon my Honour L. Granville Not Guilty upon my Honour L. Berkley Not Guilty upon my Honour L. Lexington Mot Guilty upon my Honour L. Rockingham Not Guilty upon my Honour L. Lucas Not Guilty upon my Honour L. Culpeper Not Guilty upon my Honour L. Byron Not Guilty upon my Honour L. Jermin Not Guilty upon my Honour L. Leigh Not Guilty upon my Honour L. Raby Not Guilty upon my Honour L. Howard Not Guilty upon my Honour L. Lovelace Not Guilty upon my Honour L. Hunsdon Not Guilty upon my Honour L. Wharton Not Guilty upon my Honour L. Eure. Not Guilty upon my Honour L. Dudly Not Guilty upon my Honour L. Fitzwalter Not Guilty upon my Honour L. Willoughby Not Guilty upon my Honour L. Audley Not Guilty upon my Honour L. Abergaveny Not Guilty upon my Honour L. H. Steward My Lord Viscount Lonsdale Is Charles Lord Mohun Guilty c. L. Viscount Lonsdale Not Guilty upon my Honour L. Viscount Townsend Not Guilty upon my Honour L. H. Steward The Earl of Grantham Is Charles Lord Mohun Guilty c. E. of Grantham Not Guilty upon my Honour E. of Albemarle Not Guilty upon my Honour E. of Tankerville Not Guilty upon my Honour E. of Warrington Not Guilty upon my Honour E. of Scarborough Not Guilty upon my Honour E. of Mountague Not Guilty upon my Honour E. of Portland Not Guilty upon my Honour E. of Rochester Not Guilty upon my Honour E. of Nottingham Not Guilty upon my Honour E. of Yarmouth Not Guilty upon my Honour E. of Radnor Not Guilty upon my Honour E. of Macclesfield Not Guilty upon my Honour E. of Feversham Not Guilty upon my Honour E. of Burlington Not Guilty upon my Honour E. of Carlile Not Guilty upon my Honour E. of Bath Not Guilty upon my Honour E. of Anglesey Not Guilty upon my Honour E. of Essex Not Guilty upon my Honour E. of Scarsdale Not Guilty upon my Honour E. of Thanet Not Guilty upon my Honour E. of Chesterfield Not Guilty upon my Honour E. of Carnarvan Not Guilty upon my Honour E. of Kingston Not Guilty upon my Honour E. of Winchelsea Not Guilty upon my Honour E. of Stamford Not Guilty upon my Honour E. of Peterborough Not Guilty upon my Honour E. of Rivers Not Guilty upon my Honour E. of Manchester Not Guilty upon my Honour E. of Denbigh Not Guilty upon my Honour E. of Leicester Not Guilty upon my Honour E. of Bridgwater Not Guilty upon my Honour E. of Dorset Not Guilty upon my Honour E. of Suffolk Not Guilty upon my Honour E. of Huntington Not Guilty upon my Honour E. of Darby Not Guilty upon my Honour E. of Kent Not Guilty upon my Honour L. H. Steward My Lord Great Chamberlain Is Charles Lord Mohun Guilty c. Lord Chamberlain Not Guilty upon my Honour L. H. Steward My Lord Marquis of Normanby Is Charles L. Mohun Guilty c. L. Marquis of Normanby Not Guilty upon my Honour L. Marquis of Hallifax Not Guilty upon my Honour L. H. Steward My Lord Duke of Newcastle Is Charles Lord Mohun Guilty c. D. of Newcastle Not Guilty upon my Honour D. of Scomberg Not Guilty upon my Honour D. of St. Albans Not Guilty upon my Honour D. of Northumberland Not Guilty upon my Honour
his Man that was here produced as a Witness does Testifie that he was one that used his Right Hand and then it is a wonder that he should receive such a sort of a Wound in that part and the other Wound was on the left side too but it was upward and how that could be given by one that was a Right Handed Man is certainly a very great Wonder and the Wounds being both given upon the same side it cannot but be concluded that they were given by one and the same Sword Another Circumstance which relates to my Lord of Warwick is that when he came into the Bagnio after the Fact was over he would have himself denied to be there and went to the Door when James and Dockwra came in and his declaring his desire of going into the Country These we say are Circumstances that do induce a Doubt That my Lord of Warwick had a Concern upon him of great Guilt of having a Hand in this Man's Death It is indeed pretended by my Lord of Warwick That Mr. Coote was a Person that my Lord of Warwick had a Kindness for but it is plain by the Evidence that he left him dead in the Field and did not take any Care of him but took a great deal of Care of Capt. French who it is pretended was the Person that fought with Coote when he came to the Bagnio and there is nothing of Kindness at this time pretended nor any thing of a Defence to this Matter offer'd by my Lord of Warwick but only what the Chairmen say that he endeavoured to put it off to another time These my Lords are all the Observations that I shall make upon the Evidence in this Case How far this Evidence upon Consideration will weigh with your Lordships I must submit it to you If my Lord of Warwick did do the Fact as these Circumstances we think may incline your Lordships to believe he did it will surely he Murder but how far the Evidence comes up to the Proof of that we must humbly submit to your Lordships who are the Judges of it and we leave it intirely to your Consideration upon what you have heard L. H. St. Then it seems you have done on all sides Councel Yes my Lords Lords Then Adjourn Adjourn L. H. St. Is it your Lordship's pleasure to Adjourn into the House of Lords Lords Ay Ay. L. H. St. This House is Adjourned into the House of Lords Then the Lords went back to their own House in the same Order they came into the Court in Westminster-Hall and Debated the Matter among themselves what Judgment to give upon the Evidence that had been heard and in about Two Hours time they returned again into the Court erected upon the Scaffold in Westminster-Hall and after they were Seated in their Places the Lord High Steward being Seated in his Chair before the Throne spoke to the Lords thus L. H. St. Will your Lordships proceed to give your Judgment Lords Ay Ay. L. H. St. Your Lordships will give me leave as I ask your Lordships your several Opinions to take so much time as to write down the Opinion of every Lord. Lords Ay Ay. Then the Lord High Steward asked this Question of every one of the Lords there present beginning with the Puisne Baron which was the Lord Bernard L. H. St. My Lord Bernard Is Edward Earl of Warwick Guilty of the Felony and Murder whereof he stands Indicted or Not Guilty The Lord Bernard stood up in his Place uncovered and laying his Right Hand upon his Breast Pronounced his Judgment thus L. Bernard Not Guilty of Murder but Guilty of Manslaughter upon my Honour The same Question was asked severally of all the Lords who in the same Form delivered their Opinions as followeth L. Haversham Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Herbert of Cherbury Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Weston Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Ashburnham Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Cholmley Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Jeffreys Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Godolphin Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Guilford Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Oselstone Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Osborne Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Craven Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Cornwallis Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Granville Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Berkly Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Laxington Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Reckingham Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Lucas Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Culpeper Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Vanghan Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Byron Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Jerm●n Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Leigh Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Raby Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Howard of Escrick Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. ●●velace Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Hunsdon Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. North and Gray Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Wharton Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Eure. Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Willoughby of Parham Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Dadley Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Ferres Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Willoughby of Eresby Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Audley Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Abergaveny Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. H. Steward My Lord Viscount Lonsdale Is Edward Earl of Warwick Guilty c. L. Viscount Longaville Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Viscount Townsend Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. H. Steward The Earl of Grantham Is Edward Earl of Warwick Guilty c. E. of Grantham Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Albemarle Not Guilty of Murder but
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