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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-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
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
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