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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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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
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 Richard Coote then and there Feloniously Voluntarily and of your Malice afore-thought did Strike Stab and Thrust in giving to the said Richard Coote then and there with the Sword drawn 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 the aforesaid Richard Coote then and there instantly died And that the aforesaid Charles Lord Mohun Richard French Roger James and George Dockwra then and there Feloniously Voluntarily and of their Malice afore-thought were present aiding abetting comforting assisting and maintaining you the said Edward Earl of Warwick and Holland the said Richard Coote in manner and form aforesaid Feloniously Wilfully and of your Malice afore-thought to Kill and Murther and so you the said Edward Earl of Warwick and Holland and the said Charles Lord Mohun Richard French Roger James and George Dockwra the aforesaid Richard Coote in manner and form aforesaid Feloniously Voluntarily 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 c. How say you Edward Earl of Warwick and Holland are you guilty of this Felony and Murther whereof you stand Indicted or not guilty Earl of Warwick Not Guilty Clerk of the Crown Culprit How will your Lordship be Tried Earl of Warwick By God and my Peers Clerk of the Crown God send your Lordship good Deliverance Then at the Motion of some Lords who sate towards the upper end of the House and by reason of the distance could not distinctly hear the Clerk the Indictment was Read again the Clerk standing near the upper end of the House Clerk of the Crown Serjeant at Arms make an O Yes Serjeant at Arms. O Yes O Yes O Yes If any one will give Evidence on behalf of our Sovereign Lord the King against Edward Earl of Warwick and Holland of the Felony and Murther whereof he stands Indicted let them come forth and they shall be heard for now he stands at the Bar upon his Deliverance L. H. St. Will your Lordships give me Leave to go down to the Woolpack that I may hear the better Lords Ay Ay. Then his Grace removed to the Woollpack and delivered the White Staff to be held by the Gentleman Vsher of the Black Rod who during the whole Tryal always received and delivered back the White Staff upon his Knees L. H. St. Mr. Attorney are you ready to proceed Mr. At. Gen. Yes my Lord. L. H. St. Then begin Sir Mr. Serj. Wright May it please your Lordships L. H. St. Pray Mr. Serjeant raise your Voice as much as possible you can that my Lords towards the upper end of the House may hear Mr. Serj. Wright May it please your Lordships this Noble Lord Edward Earl of Warwick and Holland the Prisoner at the Bar stands Indicted for the Felonious Killing and Murder of one Richard Coote Esq and the Indictment sets forth That upon the 30th day of October in the Tenth Year of His Majesty's Reign at the Parish of St. Martin in the Fields in the County of Middlesex the Prisoner at the Bar the Earl of Warwick together with Charles Lord Mohun Baron of Oakehampton Richard French Roger James and George Dockwra Gent. Feloniously Voluntarily and of their Malice afore-thought did make an Assault upon the said Richard Coote in the Indictment named and the Indictment chargeth that the Earl of Warwick at the same time and place with a Sword Feloniously Voluntarily and of his Malice afore-thought did give unto the said Richard Coote in or upon the left part of the Breast of him the said Richard Coote near his Collar Bone one Mortal Wound of the breadth of half an inch and of the depth of five Inches of which said Wound the said Richard Coote then and there instantly died And the Indictment further Charges that the said Charles Lord Mohun Richard French Roger James and George Dockwra the Earl of Warwick to commit the Felony and Murder aforesaid were then and there aiding assisting comforting and abetting and so the Jurors Charge That he the said Edward Earl of Warwick and Holland Charles Lord Mohun Richard French Roger James and George Dockwra the said Richard Coote Feloniously Voluntarily and of their Malice afore-thought at the Parish aforesaid in the County aforesaid did Kill and Murder against the Peace of our Sovereign Lord the King his Crown and Dignity To this Indictment this Noble Lord the Prisoner at the Bar Edward Earl of Warwick and Holland has Pleaded Not Guilty and for his Tryal hath put himself upon My Noble Lords his Peers here present We shall call our Evidence and if we prove this Fact for the King we do not doubt but your Lordships will give such Judgment for the same as shall be Just Mr. At. Gen. May it please your Lordships I am of Councel in this Cause for the King against this Noble Lord Edward Earl of Warwick and Holland The Prisoner at the Bar who stands Indicted by the Grand Jury of the County of Middlesex has been Arraigned and is now to be Tryed before your Lordships for the Felonious Killing and Murdering of Mr. Coote In the Indictment named the Evidence to make good this Charge against this Noble Lord it comes to my turn to open to your Lordships Mr. At. Gen. My Lords the Case as to the Fact according to my Instructions is this Upon Saturday the 29th of October last at night my Lord of Warwick my Lord Mohun Mr. French Mr. Dockwra and Mr. Coote the unfortunate Gentleman who was killed met together at one Lockett's who kept the Greyhound Tavern in the Strand and there they stayed till it was very late About 12 of the Clock at night or thereabouts a Messenger was sent by the Company to fetch another Gentleman Mr. James and Mr. James coming to them in what Condition your Lordships will be told by the Witnesses About One of the Clock in the Morning on Sunday the 30th of October they all came down out of the Room where they had been so late to the Bar of the House and there as the Witnesses will tell your Lordships Swords were drawn and Chairs were called for and Two Chairs which were nearest at hand came and Two of the Company went into those Chairs who they were and what past at that time the Witnesses will tell your Lordships Those that got into those Chairs came out again and more Chairs were called for But I must acquaint your Lordships that my Lord Mohun when the Two Gentlemen that went into the Chairs ordered the Chairmen to take them up and carry them
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