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peace_n king_n say_a sovereign_a 2,114 5 10.0462 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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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