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A63187 The tryal of Philip Earl of Pembroke and Montgomery before the peers in Westminster-Hall on Thursday the 4th of April 1678 Pembroke, Philip Herbert, Earl of, 1653-1683, defendant.; England and Wales. Parliament. House of Lords. 1679 (1679) Wing T2209; ESTC R18066 32,931 31

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THE TRYAL OF PHILIP Earl of Pembroke and Montgomery Before the PEERS IN Westminster-Hall On Thursday the 4 th of April 1678. Printed in the Year 1679. THE TRYAL OF PHILIP Earl of PEMBROKE On Thursday April 4. 1678. ABout Nine of the Clock the Prisoner with his Guard came from the Tower with the Ax before him and went into the Room appointed for him Between the hours of Eleven and Twelve at Noon the Lords Judges and Assistants of the House came in order two and two from the House of Lords to the Court erected in Westminster-Hall with four Maces before them and before the Lord High-Steward four more besides his own Serjeant and Purse-bearer with Garter King at Arms and the Deputy Black-rod bearing the White Staff After Obeisance made to the Throne each Lord and the others took their places the Serjeants with their Maces erect kneeling four on each side of the Throne Then the Clerk of the Crown in Chancery on the right hand and the Clerk of the Crown in the Kings-Bench on the left hand making three Reverences to the Lord High-Steward came up to his Seat and there both kneeling the Clerk of the Crown in Chancery delivered the Commission for the Office of High-Steward pro hac vice to his Grace who delivered it to the Clerk of the Crown in the Kings-Bench to read and then they both in the same manner went back to their Seats at the Table Then the Clerk of the Crown in the Kings-Bench said as followeth Clerk of the Crown Serjeant at Arms make Proclamation Serjeant at Arms. O yes O yes O yes My Lord High-Steward of England straitly chargeth and commandeth all manner of persons here assembled to keep silence and give ear to his Majesties Commission unto my Lord high-High-Steward his Grace directed upon pain of Imprisonment Then all the Peers and Assistants standing up and uncovered he read the Commission in haec verbae Clerk of the Crown Carolus c. Serjeant God save the King Then Garter and the Usher that held the Staff making three Reverences to his Grace Garter on his knees presented him the white Staff which his Grace delivered to the Usher who likewise kneeled to hold the same during the rest of the Ceremony Clerk of the Crown Serjeant at Arms make Proclamation Serjeant My Lord High-Steward of England his Grace straitly chargeth and commandeth all manner of persons here present to be uncovered upon pain and peril shall fall thereon Then the Clerk read the Certiorari to the Commissioners before whom the Indictment was found to return the same into the House of Lords with the Return in haec verba Clerk of the Crown Carolus c. Virtute c. Serjeant at Arms make Proclamation Serjeant O yes Constable of the Tower of London return thy Precept and Writ to thee directed and bring forth thy Prisoner Philip Earl of Pembroke and Montgomery on pain and peril shall fall thereon The Constable of the Tower of London being a Peer by Sir John Robinson his Lieutenant returned his Precept and with the Ax born on his left hand the edge from him the Earl of Pembroke was brought to the Bar the Lord high-High-Steward of England having then ordered the Judges to be covered spake to the Prisoner as followeth Lord high-High-Steward My Lord of Pembroke Your Lordship is now brought before this Great Assembly in order to your Tryal wherein you have to maintain all that can concern you in this World your Estate your Honour and your Life it self There is no less a Crime charged on you than the Murther of one of the King's Subjects and this is not charged on you by common Voice and Fame nor by the growing Rumour of the multitude but by the grand Inquest of this County which was made up of Gentlemen of good Quality and Consideration Though all this amount to no more than a bare Accusation for God forbid that they who neither did nor could hear the Evidence on both sides should any way prejudge your Tryal by their partial Examination yet it hath produced the presentment of such a Crime as is attended with extraordinary and unusual Circumstances And now for this Fact your Lordship is to be tryed in full Parliament and your Arraignment is to be made as full and as solemnly as is possible The King who will have a strict account of the Bloud of the meanest of his Subjects by whomsoever it is shed hath for this purpose appointed an High-Steward And now your Lordship is to be tryed not by a select number of Lords but by the whole House of Peers who are met together to make Inquisition for this Bloud Doubtless the shame of being made a Spectacle to such an Assembly as this and the having a man's faults and weaknesses exposed to the notice and observation of such a Presence as this is to a generous Mind must needs be a penance worse than death it self for he that outlives his own Honour can have very little joy in whatsoever else he lives to possess In such a state and condition as this is it will be very fit for your Lordship to recollect your self with all the care and caution you can it will be necessary for you to make use of the best temper and the best thoughts you have when you come to make your defence let not the disgrace of standing as a Felon at the Bar too much deject you no man's credit can fall so low but that if he bear his shame as he should do and profit by it as he ought to do it is in his own power to redeem his reputation Therefore let no man despair that desires and endeavours to recover himself again much less let the terrors of Justice affright you for though your Lordship have great cause to fear yet whatever may be lawfully hoped for your Lordship may expect from the Peers It is indeed just cause of dreadful apprehensions when you consider how strict and impartial the Judicature is which you stand before and how impossible it is that any Consideration of your Lordships Relation or Family shall have any kind of Ingredience into their Lordships Judgement nay you have cause to fear all this will make against you when you consider how the Quality of the Offendor doth aggravate the Crime You have reason to fear and be dismayed again when you consider how severe and how inexorable the Rule of Law is in the Case of Bloud and how certain it is that the Lords will make that Rule of Law the measure of your Life or Death But yet my Lord there are other Considerations that may support you Your Lordship may be sure that they will receive no proof against you but direct and positive Evidence it will not be left to any proof but such proof as by the manifest plainness of it deserves to be called Evidence In the next place your Lordship shall suffer no prejudice for want of Councel for where there are any
advantages that the Law can give you this Court takes it self obliged in Honour to put you in mind of it nor can your Lordship suffer an Inconvenience by having Councel to plead against you for no Arguments nor skill can pervert their Lordships Justice you shall not fall by the charms of Eloquence nothing shall load or press you but your own Crime and even that burthen may be alleviated if there be any room for an Abatement so far as it doth not contradict what they owe to the King to themselves to the Law and to the Justice of the Kingdom Hearken therefore my Lord to your Indictment with patience and attention give no Interruption to the Councel or Witnesses that speak against you and reserve what you have to say for your self till the time come when your Witnesses shall be examined and you make your Defence of which I will give you notice And this you may rely upon that when you do come to speak for your self you shall be heard with as much favour and candor as the matter will bear and when my Lords have heard all that can be said on both sides doubtless their Lordships will give such a Judgement in the Case as is fit for you to receive such a Judgement as becomes this great Court and such a Judgement as is suitable to that known Equity which their Lordships do always observe in all their proceedings Lord High-Steward Read the Indictment to my Lord. Clerk of the Crown Philip Earl of Pembroke and Montgomery hold up your hand which he obeyed by holding up his right hand You stand indicted by the name of Philip Earl of Pembroke and Montgomery late of the Parish of St. Martins in the Fields in the County of Middlesex for that you not having the fear of God before your eyes but being moved and seduced by the instigation of the Devil the 4th of February in the 30th year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. with force and Arms at the Parish aforesaid in the County aforesaid in and upon one Nathaniel Cony Gent. in the peace of God and of our said Soveraign Lord the King then and there being feloniously voluntarily and of your malice fore-thought did make an assault and that you the said Philip Earl of Pembroke and Montgomery with the right fist of you the said Philip c. the said Nathaniel Cony in and upon the left part of the Head of the said Nathaniel Cony then and there feloniously wilfully and of your malice aforethought did strike and bruise and him the said Nathaniel Cony with your right fest aforesaid did beat and throw down to the ground and that you the said Philip c. the said Nathaniel Cony so lying upon the ground in and upon the Head Neck Brest Belly Sides and Back of him the said Nathaniel Cony then and there feloniously wilfully and of your malice before-thought did strike and kick by reason of which said kicking and bruising of the said Nathaniel Cony on the said left part of the Head of the said Nathaniel Cony with the said fist of you the said Philip c. and of the beating and throwing him to the ground aforesaid and also by reason of kicking of the said Nathaniel Cony with the said feet of you the said Philip c. on the Head Neck Brest Belly Sides and Back of the said Nathaniel he the said Nathaniel Cony from the aforesaid 4th day of February in the aforesaid year to the 10th of the same month of February in the Parish aforesaid in the County aforesaid did languish and languishing did live on which said 10th day of February in the year aforesaid he the said Nathaniel Cony of the striking and bruising beating and kicking died and so you the said Philip c. the said Nathaniel Cony at the Parish aforesaid in the County aforesaid in manner and form aforesaid feloniously voluntarily and of your malice fore-thought did kill and murther against the peace of our said Soveraign Lord the King his Crown and Dignity How say you Philip Earl of Pembroke and Montgomery Are you guilty of this Felony and Murther whereof you stand indicted or not guilty E. of Pemb. Not guilty Cl. of Cr. Culprit How will you be tryed E. of Pemb. By my Peers Cl. of Cr. God send you a good deliverance Serjeant at Atms make Proclamation Serj. O yes If any one will give Evidence for our Soveraign Lord the King against Philip Earl of Pembroke and Montgomery the Prisoner at the Bar let them come forth and they shall be heard for the Prisoner stands at the Bar upon his deliverance Then Sir William Dolben Knight the King's Serjeant at Law Recorder of the City of London opened the Indictment thus Sir William Dolben May it please your Grace my Lord High-Steward of England and the rest of my Noble Lords Philip Earl of Pembroke and Montgomery stands indicted for that he the 4th day of February last in the Parish of St. Martins in the Fields in the County of Middlesex of his malice fore-thought did make an assault upon one Nathaniel Cony in God and the King's peace there being and that he the said Philp Earl c. with his right Fist on the left part of the Head of the said Nathaniel then and there feloniously did strike and bruise and with his right Fist aforesaid him did cast and throw down to the ground and being so on the ground with his Feet did kick and strike of which said striking bruising and kicking the said Nathaniel Cony from the said 4th of February to the 10th of February following did languish and then died and so the Jurors do upon their Oaths say That the said Philip Earl of Pembroke c. the said Nathaniel Cony at the Parish and County aforesaid feloniously wilfully and of his malice fore-thought did murther against the King's peace his Crown and Dignity To this Indictment the Earl of Pembroke hath pleaded not guilty and put himself upon his Peers for his Tryal We who are of Councel for the King shall produce our Evidence to confirm this Accusation with what it is and of what nature his Majesties Attorney-General will acquaine your Grace and the rest of you my Noble Lords Then Sir William Jones who being called by Writ as Assistant to the House was within the Bar opened the Evidence to this effect Att. Gen. May it please your Grace my Lord High Steward of England and the rest of my Noble Lords Philip Earl of Pembroke and Montgomery stands here Indicted for the Murther of Nathaniel Cony That my Lord of Pembroke was the cause of his death I humbly conceive will need very little question before your Lordships for we have such proof that it was his hand threw him down and his feet that trod upon him and kicked him which was the cause of