that he would joyn some one else with me in consultation He asked me what Physician he should send for I desired him to name any one whom he had a mind to he said he knew none and therefore would have me take whom I would and then named Dr. Lower and obtained his consent to have his advice whom I brought with me to his Lodgings And the Saturday before he died as we were coming in the Coach I told Dr. Lower what I had known of his Distemper before and what might be the occasion of it which when we came thither I repeated again in Mr. Cony's presence who did confess the whole to be as I said that he had been a very hard Drinker of Wine and strong Waters upon it which had he believed caused a Stagnation of Bloud in his Body which might be the occasion of his fainting Fits We consulted the whole cause he owned no Blow or Kick that he had received neither did I believe his Intrals had received any such prejudice because I saw him my self take two or three Glisters as particularly that evening Yet he would not be regular but that night drank three whole Tankards of cold small Beer which did put him into a very violent Fit of the Gripes He sent for me and having left him pretty well I wondred what alteration could cause so violent a Distemper in him so suddenly He fell a vomiting and vomited all night and when I came and found him in a dying Fit I gave him some Drops I had about me and fetcht him to life again but still he was very bad and he had a Glister for the Gripes he would fain have had some more small Beer which I disswaded him from and advised him rather to white-Wine Posset-drink but he swore a great Oath he would have small Beer Dr. Lower I suppose saw him that morning An hour before he died I came again and thought fit to bloud and so he was he bled about eight ounces and was a little better so I left him An hour after I came again and found he was dead but for his complaining of any Bruise or Hurt that way received I remember not L. H. St. Did you see him after he was dead and when he was opened Conquest Yes my Lord I did see him opened L. H. St. What was your Judgement then Conquest My Lord There was clotted Bloud among the Bowels that was extravasated My Lord The breaking out of which I did attribute to the great quantity of small Beer he had drank and the Grippings that followed upon it but the Bowels were none of them touched and he himself attributed his Fits to that L. H. St. Mr. Attorney Will you ask him any cross Questions Att. Gen. No my Lord. L. H. St. Then Dr. Lower pray speak your knowledge Lower All the Account my Lord that I can give is That the day before Mr. Cony died Dr. Conquest did come to me to desire me to go with him and by the way as he related told me the manner of his Fits and what he thought was the occasion of them and in that Discourse we continued till we came to his Lodgings where we found him in his Bed and when he was up Dr. Conquest repeated what he had told me before and he acknowledged all that to be true I my self asked him many Questions how he found himself he said those Fits came upon him suddenly by sickness upon his Stomach but there was not any Discourse in my hearing of any Bruise or Hurt that way nor had I any reason to suspect any such thing should be the cause of his Ilness for he had no symptome of a Fever upon him either in Tongue Pulse or Urine which would have been had he owned his Distemper to any thing of that kind The next day I was sent for to him early but my necessary attendance on other Patients would not let me come quickly to him When I came I found him dying and seeing no hopes of his recovery left him I was desired to be present at the Dissection but because of the rumour of this Business I said it would be a troublesom matter and therefore would purposely avoid it L. H. St. So you did not see him dissected Lower No my Lord I did fear being troubled and would have avoided it but could not it seems for I am come here to testifie this L. H. St. Did he use any words to you whilst he was sick complaining of any abuse or wrong offered him by beating or kicking Lower No my Lord. L. H. St. How long was it before he died that you saw him Lower It was on Saturday at four of the Clock in the afternoon and he died on Sunday at noon L. H. St. And when you came to see him again you found him dying Lower Yes my Lord. L. H. St. But you say all the time you were with him you saw no symptome of a Fever on him Lower No none at all my Lord. L. H. St. I then ask you this Question Doctor Can any man be mortally hurt and bruised whereof he may languish and not have a Fever Lower According to my knowledge and experience my Lord usually and most commonly upon a mortal Bruise an Inflamation follows and that Inflamation causes a Fever which will be evident in the Patient's Pulse or Tongue or Water but none of these I found so effected with Mr. Cony L. H. St. Have you any thing to say to this Gentleman Mr. Attorney Att. Gen. No my Lord. L. H. St. Where then are the rest of your Witnesses My Lord of Pembroke Will you call any more Evidence E. of P. Yes my Lord Mr. Raven L. H. St. Dr. Conquest pray before you go you say you told Dr. Lower of Mr. Cony's Fits before were they the same with those he had in his last sickness Conquest Yes my Lord the same Fainting Fits L. H. St. And you imputed them to the same cause Conquest Yes my Lord to his hard drinking Wine and Strong-waters and then great quantities of Small Beer I told his Landlady often it would kill him but I could never get him to be regular nor take any advice L. H. St. Hath your Lordship any more Witnesses E. of P. Mr. Raven my Lord. L. H. St. Come forward Mr. Raven and speak out Raven I viewed the Body my Lord before and when it was opened and it was reported to me that there was a Bruise in each side of the Belly of which thereupon I took a stricter view and could find no blackness nor blewness nor marks of Bruises upon which the Body was opened and there issued thence clotted Bloud then I looked upon the Cawl which was withered and consumed and the Heart was as loose as a Rag and his Lungs stuck to each side of his Ribs and as to the matter of the Bloud that was not an extraordinary thing for it is known to Physicians that in all Natural Deaths there
morning I sent to know how he did being necessitated to go another way he sent word back he was pretty well at ease and had rested pretty well On Wednesday he rose and sat up on Thursday he was so well that he would have some Friends to Dine with him in his Chamber on Friday he was a little ill again but on Saturday he was so well that he would have gone abroad and truly we did never I 'm sure I did not believe he would have died till about two hours before he died One day when Dr. Conquest came out of his Chamber he seem'd to be in a Huff and said he was only kept there to do the Drudgery and when I asked him what he thought of my Brother he answered me short I cannot tell whether it be a Pembroke kick or no. And when I upon the report of my Lord 's having abused him which yet upon the Drawer's answer I believed not spoke to him about it he would seem displeased any should mention it He once indeed told me he had something else to reveal to the Doctor but what it was I cannot tell Att. Gen. Did you apprehend him to be so ill as he was Cony No I never believed it till an hour before he died and this is all that I can say my Lord. L. H. St. Will you my Lord of Pembroke ask Mr. Cony any question E. of P. I desire your Grace to ask him what Chirurgeons they were that did view the Body after dead L. H. St. Mr. Cony come forward my Lord of Pembroke desires to know what Chirurgeons viewed the Body Cony Mr. Snell the Chirurgeon I think my Lord. E. of P. I desire your Grace he may be examined L. H. St. If the Kings Councel have done then your Lordship may examine whom you please what would your Lordship examine into E. of P. To give your Grace an account what might be the cause of the Bloud found in Mr. Cony's Body Att. Gen. Because we did omit to examine Jackson to that matter we desire for the King we may call him to that point now L. H. St. You should have examined all your Witnesses fully at first Att. Gen. We acknowledge it my Lord but since we did forget it we humbly crave leave to do it now L. H. St. Here is Mr. Jackson what do you ask him Att. Gen. Mr. Jackson Were you present at the opening of Mr. Cony's Body Jackson Yes Sir Att. Gen. What did you see there Jackson There was an extraordinary quantity of extravasated Bloud in the lower part of his Belly L. H. St. Extravasated Bloud Jackson Yes my Lord. Att. Gen. How might that come might it not proceed from a natural cause Jackson I believe it came from some Bruises given him and from some Violences that were done to him Att. Gen. In the Belly was it Jackson Yes in the Belly Att. Gen. You saw then Did you see any Swelling there Jackson Yes and the Diaphragma bruised c. Att. Gen. Now my Lord We have done with our Evidence for the King L. H. St. My Lord of Pembroke if your Lordship have any Witness to call or will say any thing for your self now is the time E. of P. I desire your Grace that Dr. Lower and Dr. Conquest and one Mr. Raven may be examined for me L. H. St. Call Dr. Lower Dr. Conquest and Mr. Raven Cl. of Cr. Here they are make room for them L. H. St. My Lord of Pembroke who will your Lordship begin with E. of P. Dr. Conquest my Lord. L. H. St. Doctor You are not upon your Oath but you must have a strict care what you say for there will be a good account to be taken of it at another place and it being a Testimony before a Court of Judicature the obligation upon you to speak the truth is as great as if you did swear Dr. Conquest The Account I now give my Lord is that Account which I gave upon my Oath before the Coroner L. H. St. You must give it again vivâ voce we must not read your Examination before the Court. Conquest The first occasional I had to see Mr. Cony as a Physician was about three months before this unhappy Accident he was then in a fainting Fit at the Rose-Tavern c. where I was sent for to him He had for half an hour lain quite dead as they thought but with their rubbing him and giving him some mull'd Sack he was come to himself just as I came but he had no Pulse and was relapsing into his Fit I gave him some Drops and Cordials and sent him home pretty well again We went from thence and the next morning his Man came to call me and told me his Master was dying which was as I take it the 6th of December last When I came thither I found his Man sitting by the fire and asking for his Master he told me he was asleep I was something vext at the Fellow for troubling of me so and while I was speaking to him Mr. Cony at last heard my voice and calling me to him desired me I would come again in the afternoon for he had a mind to rest this morning I came at One of the Clock again where I found him very ill and very melancholy he wept and sent his Man down stairs and when the Man was gone I asked him what was the occasion He told me he found so great an oppression at his Heart that he could hardly speak I desired he would take some advice and send for another Physician but he would have none else but would needs go abroad that afternoon I desired him all I could but not prevailing with him I gave him some Cordial Drops and desired him to return home betimes but he did not but as I heard drank very hard and returned not till very late In short in the space of two months I have been called out of my Bed above twenty times to give him advice and to recover him out of his Fits but he would take no advice do whatever I could After this was his meeting with my Lord of Pembroke which he thus gave me Relation of He told me he had been with Mr. Goring in the City that day drinking hard and when he came to Longs he was so extreamly drunk that he cannot remember any thing that was done there but finding himself much in pain the next day he was so ignorant of the Transactions there that he only thought he had bad several Falls off the Chairs near the fire he said indeed he afterwards sent to enquire what had passed in his company that night and he heard my Lord of Pembroke should give him a Box on the Ear but he remembred it not Two or three days after he sent for me and told me now he would take advice of me and enter into a course of Physick but knowing his condition to be so bad I would not venture upon it alone and desired
Bloud to misrepeat the Evidence either to the prejudice of a just Cause for the dead or to press for unjust vengeance upon the living it being my duty only to recollect what is sworn and leave it all to your Lordships Judgement 3dly We have that which is Evidence in Law upon the view of the Body after his death It was viewed legally by a Jury of indifferent persons summoned by the Coroner three of them being produced do swear that there were a great many visible Bruises upon the Body and Swellings all about And for the discolouring of the parts bruised Roberts swears the patch was about the breadth of his hand Brown likewise swears that he was black and blue up and down the Body in broad patches These are Jury-men disinterested persons It is true Mr. Cony's Brother the last Witness for the King saith He knew nothing of the Business for his Brother would never acknowledge any thing to him but something that he speaks is very material That Dr. Conquest my Lord's Witness coming out of the Chamber one day seemed angry and to have taken some distaste as if he were neglected and used an expression which your Lordship may remember upon Mr. Cony's asking him what ailed his Brother he could not tell he said it might be A Pembroke-Kick And this is the sum of the Evidence for the King For the Evidence on the other side I think the substance of it is only That this Gentleman was used to have fainting Fits and those occasioned as they think by his hard Drinking and that might bring his death upon him but they offer no Counterproof to the Fact But the Question is now Whether or no this man came to his death by other means for it is no Argument to say because a man is sick it is lawful to kill him but we are to enquire whether he came to his death by those Blows given him by the Prisoner at the Bar If then it be admitted that the Blow was the cause of his death and the Kicks withall I humbly then submit to your Lordships consideration whether the Kings Evidence hath not reacht up to the Indictment Here is Murther with Malice implied by the Law for there is no colour of pleading a Provocation of the Blow to be the cause of his death Now whether or no it be so I humbly offer these Reasons for the Affirmation this men was not look'd upon to be a man in that condition as to be a dying man before the Blow Obj. But he was a great drinker that brought him to those Fits and that hastned his end Answ Though he was so yet from the instant that he did receive the blow he never had any ease till he died in so much that Mr. Savage tells your Lordships he took him up immediately after my Lord kicked him and he was some minutes before he could get him to life again and then he could not keep himself from Fainting again so that upon the circumstances of what the Witnesses for the Prisoner have said and the Evidence offered in behalf of the King if this were the cause of his death we leave it to your Lordships consideration whether it be not Murther in this Noble Lord the Prisoner at the Bar To that determination we submit the Cause and whatever opinion your Lordships shall be of in the Cause I have no more to say but that the King's Justice in this Prosecution was suitable to the Law given by the Almighty in the Infancy of the World That whosoever sheddeth man's Bloud by man shall his Bloud be shed L. H. St. Will your Lordships please to withdraw to consider of the Evidence Then the Lords went back in the same order they came in and went into the House of Lords and from thence after two hours debate they returned into the Court and Proclamation was made as followeth Cl. of Cr. Serjeant at Arms make Proclamation Serj. O yes my Lord High Steward of England his Grace straitly chargeth and commandeth all manner of Persons here present to keep silence upon pain of Imprisonment Then his Grace spake to the Peers L. H. St. Your Lordships have heard the Evidence against the Prisoner and for him on both sides and the Solemnity in this case is that your Opinions are to be delivered severally in the absence of the Prisoner who is to hear all that is by the Witness or Councel said against him but is to have his Judgment from the High Steward Upon the whole matter the Question is this Whether my Lord of Pembroke be guilty of the Felony whereof he stands Indicted for the Murther of Mr. Cony or not guilty The order of your Opinions being delivered is to begin with the Puisne Baron and so upwards I desire time to take your Lordships Judgments distinctly and I desire each of your Lordships to speak out that I may hear it L. H. St. My Lord Butler what is your Opinion Is Philip Earl of Pembroke and Montgomery guilty of the Felony and Murther whereof he stands Indicted or not guilty L. Butler Not guilty of Murther but guilty of Man slaughter The same Question to the rest The Lord High Steward counted their numbers L. H. St. Six of my Lords find him guilty eighteen find him not guilty fourty find him guilty of Man-slaughter Call for the Prisoner to the Bar. Cl. of Cr. Serjeant at Arms make Proclamation Serj. O yes Constable of the Tower of London bring forth the Body of they Prisoner Philip Earl of Pembroke and Montgomery on pain and peril shall fall thereon Then the Prisoner came in with the edge of the Ax still from him and his Grace spake to him as followeth L. H. St. My Lord of Pembroke You have been Indicted for the Murther of Nathaniel Cony and upon your Arraignment you have pleaded Not guilty and have put your self upon the Judgment of your Peers and your Peers have considered what hath been said for you and against you and the Judgment of my Lord is this That you are guilty of Man-slaughter for killing of Nathaniel Cony What can you say for your self why Judgment should not pass upon you to die according to the Law E. of P. I claim the Priviledge of the Statute made in that case my Lord. L. H. St. You must have it my Lord it cannot be denied you for by the Act of Parliament where Clergy is allowed to a Common person by Reading and Burning in the Hand a Peers convicted of such Felony is to be delivered without either therefore we cannot deny it you But your Lordship must give me leave to tell you that no man can have the benefit of that Statute but once and so I would have your Lordship take notice of it as a caution to you for the future Your Lordship is now to be discharged paying your Fees Then the Prisoner went from the Bar and his Grace by Proclamation thus dissolved his commission Cl. of Cr. Serjeant at Arms make Proclamation Serj. O yes O yes O yes my Lord High Steward of England willeth and commandeth all Persons here assembled to depart in Gods peace and the Kings from this place for his Grace doth now dissolve his Commission God save the King Then his Grace concluded the Ceremony by breaking his Staff FINIS