March 28, 1699. About eleven of the clock the Lords came from
their own house into the court erected in Westminster hall, for
the trials of Edward, earl of Warwick and Holland, and Charles
lord Mohun[31], in the manner following. The lord high
steward's gentleman attendants, two and two. The clerks of the
House of Lords, with two clerks of the crown in the Courts of
Chancery and King's Bench. The masters of 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, the lord high steward, of England, alone.
When the lords were seated on their proper benches, and the
lord high steward on the wool-pack; the two clerks of the crown
in the courts of Chancery and King's Bench, standing before the
clerk's 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 King's 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 King's 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[32] asked the peers to be pleased to stand
up uncovered, while the King's commission was read. And the peers stood
up, uncovered, and the King's commission was read in Latin, by which it
was set out that the Grand Jury of the County of Middlesex had found a
true bill of murder against the Earl of Warwick and Lord Mohun, which
the peers were commissioned to try. Proclamation that all persons there
present should be uncovered, was then made, and the return of
_certiorari_, bringing the indictment before the House of Lords, was
read in Latin.
Order was then made that the judges might be covered, and the governor
of the tower was ordered to produce the earl of Warwick; and he was
brought to the bar by the deputy-governor, having the axe carried before
him by the gentleman gaoler, who stood with it at the bar, on the right
hand of the prisoner, turning the edge from him.
The lord high steward then informed the prisoner that he had been
indicted of murder by the Grand Jury for the county of Middlesex, on
which indictment he would now be tried; and proceeded--
Your lordship is called to answer this charge before the whole
body of the house of peers as assembled in parliament. It is a
great misfortune to be accused of so heinous 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 tried before so noble,
discerning, and equal judges, that nothing but your guilt can
hurt you. No evidence will be received, but what is warranted
by law; no weight will be laid upon that 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 counsel in your defence, as to the fact (which
cannot be allowed by law), and their lordships have already
assigned you counsel if any matter of law should arise.
After a little more to the same effect the indictment was read, first in
Latin, then in English, and the earl of Warwick pleaded Not Guilty.
The indictment was then opened by Serjeant Wright,[33] to the effect
that the prisoner was accused of murdering Richard Coote on the 30th of
October, by stabbing him, together with Lord Mohun, Richard French,
Roger James, and George Dockwra.