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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-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-Steward of England having then ordered the Judges to be covered spake to the Prisoner as followeth Lord 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