THE TRIAL 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 TRIAL 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 Axe 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 Sergeant 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 Sergeants, 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. 
Sergeant at Arms make Proclamation.  Sergeant at Arms. 
O yes, O yes, O yes: My Lord High-Steward of England straight chargeth and commandeth all manner of persons here assembled, to keep silence, and give ear to his Majesty's 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, etc.  Sergeant. 
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. 
Sergeant at Arms make Proclamation.  Sergeant. 
My Lord High-Steward of England his Grace straight 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, etc. Virtute, etc. Sergeant at Arms make Proclamation.  Sergeant. 
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 Axe 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, spoke 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 Trial, wherein you have to maintain all that can concern you in this World, your Estate, your Honour, and your Life itself. There is no less a Crime charged on you, than the Murder 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 Trial 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 tried 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 Blood 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 tried not by a select number of Lords, but by the whole House of Peers, who are met together to make Inquisition for this Blood.  
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 itself; 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 yourself 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 Lordship's Relation or Family, shall have any kind of Ingredience into their Lordship's Judgement; nay you have cause to fear all this will make against you, when you consider how the Quality of the Offender 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 Blood; 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 Council, for where there are any advantages that the Law can give you, this Court takes itself obliged in Honour to put you in mind of it; nor can your Lordship suffer an Inconvenience, by having Council to plead against you, for no Arguments nor skill can pervert their Lordship's Justice; you shall not fall by the charms of Eloquence; nothing shall load or press you but your own Crime, and even that burden 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.  
Harken therefore (my Lord) to your Indictment with patience and attention, give no Interruption to the Council or Witnesses that speak against you, and reserve what you have to say for yourself 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 yourself, you shall be heard with as much favour and candour 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. Martin's 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 Sovereign Lord Charles the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, etc. 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 Sovereign Lord the King, then and there being, feloniously, voluntarily, and of your malice forethought, did make an assault; and that you the said Philip, Earl of Pembroke and Montgomery, with the right fist of you the said Philip, etc. the said Nathaniel Coney, in and upon the left part of the Head of the said Nathaniel Coney, then and there feloniously, wilfully, and of your malice aforethought, did strike and bruise, and him the said Nathaniel Coney, with your right fest aforesaid, did beat and throw down to the ground; and that you the said Philip, etc. the said Nathaniel Coney so lying upon the ground, in and upon the Head, Neck, Breast, Belly, Sides and Back, of him the said Nathaniel Coney, 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 Coney on the said left part of the Head of the said Nathaniel Coney, with the said fist of you the said Philip, etc. and of the beating and throwing him to the ground aforesaid; and also by reason of kicking of the said Nathaniel Coney with the said feet of you the said Philip, etc. on the Head, Neck, Breast, Belly, Sides and Back of the said Nathaniel, he the said Nathaniel Coney, 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 Coney, of the striking and bruising, beating and kicking, died; and so you the said Philip, etc. the said Nathaniel Coney, at the Parish aforesaid, in the County aforesaid, in manner and form aforesaid, feloniously, voluntarily, and of your malice forethought, did kill and murder, against the peace of our said Sovereign Lord the King his Crown and Dignity. How say you, Philip Earl of Pembroke and Montgomery, Are you guilty of this Felony and Murder whereof you stand indicted, or not guilty?  E. of Pemb. 
Not guilty.  Cl. of Cr. 
Culprit How will you be tried?  E. of Pemb. 
By my Peers.  Cl. of Cr. 
God send you a good deliverance. Sergeant at Atms make Proclamation.  Serj. 
O yes, If any one will give Evidence for our Sovereign 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 Sergeant 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. Martin's in the Fields, in the County of Middlesex, of his malice forethought, did make an assault upon one Nathaniel Cony, in God and the King's peace there being; and that he the said Philp Earl, etc. 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 Coney, 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, etc. the said Nathaniel Coney, at the Parish and County aforesaid, feloniously, wilfully, and of his malice forethought, did murder, 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 Trial: We who are of Council for the King, shall produce our Evidence to confirm this Accusation, with what it is, and of what nature, his Majesty's 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 Murder 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 his death, that it cannot be denied: but whether or no this kill amount to Murder, may be a matter of further controversy; and I hold it my duty to acquaint your Grace and my Lords, what the proof is, and then what we have to offer to prove it to be an offence even of this nature.  
My Lords, I know to maintain an Indictment of Murder, there must be a proof of Malice; but the Law is plain (your Lordships know it, and my Lords the Judges will tell it you) that there are two sorts of Malice, the one is Malice expressed, and that is when a man can be proved to have born before hand an ill will and hatred to the person he killed; this sort of Malice we pretend not to be in this case: But there is another sort of Malice, which also in Law gives the denomination of Murder to the kill of a man, which is Malice implied, when any one shall without any provocation given by the party slain, bring another by violence to his Death: For our Law supposeth, and that upon good ground, that no man without a Provocation would kill his Brother, unless he had Malice to him beforehand; and that is the Malice that falls out to be the Ingredient of this case, for the poor unfortunate Gentleman that was killed, did not for aught that did appear to me, (and I have had all the proof given at the Coroners Inquest under my Examination) give the least Provocation to this Noble Lord. Some have thought that a person might be guilty of malicious Murder, though the party killed had given the Murderer a blow; but I shall not contend for so strict a construction of a Provocation, for there was not in this case a blow struck, no nor an angry word given: all that I can find came from Mr. Cony was, to complain that a Friend of his that came into the Company with him, was turned out of doors; and sure such a thing will never be taken to be a Provocation, at leastwise such a one as will take away Malice implied. I shall now (my Lord) give your Lordships an account of the nature of our Evidence, as to the Fact, and that (my Lords) in short; for as I shall not use any aggravation above what the Cause requires, so I shall not tyre your Grace, and my Lords, with any long Speech, but barely open the Evidence, and tell you in short what will come in proof before you.  
It was on Sunday the 3d. of February, that my Lord of Pembroke and his Company were drinking at the House of one Long in the Hay Market, (I am sorry to hear the day was no better employed by them) and it was the misfortune of this poor Gentleman, together with one Mr. Goring, to come into this House to drink a Bottle of Wine; my Lord of Pembroke saw them coming in, and knowing Mr. Cony, was very importunate with him to join Company: he at first refused, because of his Friend, and told his Lordship they had business together; but no denial he would take, and so at last they did go into my Lord's Room. After some distance of time, when it was near twelve of the Clock at Night, there fell out a difference between my Lord, and Mr. Goring, (the Gentleman that came in with Mr. Cony) who (it seems) gave my Lord of Pembroke some words, which provoked him to express his distaste of them, by throwing a Glass of Wine in his face; which injury Mr. Goring so far resented, as that he was about to draw his Sword, but was prevented by some of the Company, and put out of the Room to avoid further mischief. This Gentleman Mr. Coney that was killed, was not at all concerned in the matter of the difference, but only desired to go out of the Room, that he might look after his Friend who was thrust out of doors. He knew not why, (without any Provocation, as you will hear by and by) my Lord of Pembroke falls upon him, strikes him with one blow to the ground, and when he was there trod upon him on his Back, on his Belly, on his Side, and kicked him so that the poor Gentleman fell into a Swoon, and was after some time, with some difficulty brought to himself again: after they had perceived there was Life in him, they lifted him up, and laid him down on some Chairs that were in the Room, and thinking too much had been done by them already, they take their leaves of him, and commit him to the care of the Drawer. He was not (as it should seem) so carefully attended by the Drawer, whose ignorance could not look after him as his condition required, and so fell down off the Chairs again divers times. After some time, early in the morning he was carried away in a Sedan to his own Lodging, and being there put to Bed, as he did grow a little more and more recovered out of his stupefaction, so he grew more and more in pain, and sent for Doctors and Surgeons to consult with, by whom he had all the means used that was possible to have saved his Life; but it proved there was so much Blood forced out of his Veins, and gathered into one place of his Body, by those Blows and Bruises, that he could not be recovered, and so after a Weeks time passed in intolerable pain, died: But yet all the time of his dying, and even constantly to his death, he did complain that it was my Lord's Bruises brought him into that condition. It will also be proved, that after his death, upon view of the Body by the Coroner and his Jury, there was the appearances of those Blows and Abuses, by broad Bruises in several parts of the Body, and this some of the Jury will testify. This in short is the matter of the Evidence, which we shall briefly prove, and then submit it all to your Lordship's Judgement.  L. H. St. 
Call the Witnesses together, and speak out Mr. Attorney.  At. Gen. 
Those we shall call first are Mr. Henry Goring, Mr. Richard Savage, Mr. John Shelly, and Capt. Fitz-Patrick.  Cl. of Cr. 
The Evidence which you and every one of you shall give for our Sovereign Lord the King, against Philip Earl of Pembroke and Montgomery, the Prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth: So help you God.  L. H. St. 
Mr. Attorney, whom do you begin with?  At. Gen. 
Mr. Henry Goring.  L. H. St. 
Stand forward, Goring.  At. Gen. 
Pray Sir acquaint my Lords of the manner of your coming with Mr. Cony to Mr. Longs, and what happened there.  L. H. St. 
Sir, you must speak so loud that I may hear.  Goring. 
May it please your Grace, Mr. Cony and I did upon Sunday the 3d. of February last, dine in the City, we stayed very late there, and I must ingeniously confess, we had drank more than was fit for us to have done; after that (if it please your Grace) I offered to set down Mr. Cony at his Lodgings, but he was so very ceremonious, that he would see me at home; it seems Long's House, the Tavern in the Hay-market, was in the way, and Mr. Cony would needs have us drink another bottle of Wine ere we parted: It was late, and the door shut, but we knocking pretty hard for admittance, did get it opened, and as soon as the door was opened, Mr. Cony went towards the Bar, and made some noise, being in drink; my Lord of Pembroke was then in a low room in the House, and knowing Mr. Cony, (as I thought) came and asked him, if he would come in and drink with him; he replied, My Lord, I am with a Friend, and we have some business together: At length my Lord asked me very civilly to come in, and we did after some time come in; and when we were in, my Lord drank to me, as I remember, and we stood round the Table a while, and at last sat down in some Chairs, for we were not so much ourselves as to be able to stand all the while; then there was, it seems, some Dispute between my Lord of Pembroke and me, wherein my Lord did conceive I had done him some injury, and threw a glass of Wine in my face.  Att. Gen. 
What kind of Discourse was that, pray Sir?  Goring. 
Truly (may it please your Grace) I cannot remember all the Discourse, because I was so much in drink at that time; they say, it was about Families and Play, I cannot positively say what it was; but after my Lord of Pembroke rose up to draw his Sword, and I laid my hand on mine.  Att. Gen. 
Well Sir; and what followed then?  Goring. 
Captain Savage stepped in between my Lord and me, and the Drawer came bustling about, and took me and shoved me out of the room; while I was thrusting out, I heard a noise behind me, and I see my Lord make somewhat towards Mr. Cony; but more I cannot say what was done, because Mr. Savage was between my Lord and me. When I was out of the room, I found my Sword gone, and my Hat and Periwig; I than made a noise at the door, and would not go away till I had recovered my things; the Man of the House (who was in bed, it seems, for he was then undressed, and in his nightgown) came and asked me, what was the matter? I told him, I had been in that room with my Lord of Pembroke, where I had received some ill usage, and had lost my Hat and Periwig, and they had broken a piece of my Sword, and taken it from me, which I desired to have again; and (said I) Mr. Coney, I doubt, is in danger, for there is quarrelling within, and I desired to come in to see what they did with him.  Att. Gen. 
Well Sir; when you came in, what then?  Goring. 
Upon this, the Master of the House did desire me to go into a room, and a Gentle woman (his Sister, as I after understood) did also press me to go into another room, and promised they would bring Mr. Cony to me; upon which I went into a room there by, but it was something long before I heard from them; and being under some impatience, they at last came and told me, Now, Sir, you may go in, if you please: when I came in, I found a Gentleman lying along upon the Chairs, and no body else in the room; I began to be suspicious (for I was then, as I thought, somewhat soberer) that he had some Wound, and took the Candle and walked about him, and would fain have awakened him, but could not by all my endeavours; the Drawer told me, he was only dead-drunk, and would in a little time come to himself; upon which I desired them to lay some Blankets upon him, and some Pillows under him, and set some more Chairs, to make the place broader, that he might not fall down; and I ordered the Drawer to be sure to watch, with him till he awaked, and make a good fire, which he promised to do.  
The next day Mr. Coney sent to my Lodging to come and see him, but I did not that day, because I did go out early, and did not return till late; but the very next day after, (being Tuesday) when I came to him, Harry, (said he) I was very much abused the other night in my Lord's company; I am sorry for that (said I) with all my heart; and I asked him, how he came to be abused? My Lord of Pembroke (said he) threw me down, and there some body trod upon me and kicked me, and he shall know that he has abused me, and that I expect satisfaction for it, I hope you will let him know so much, and carry him a Challenge from me: Mr. Coney, (said I) who did tread upon you? I know not, (said he) for I was in a swound, either my Lord of Pembroke, or some of his Creatures for him. I never had the honour to know my Lord of Pembroke before, nor above one or two of the Gentlemen that were with him then in the company.  Att. Gen. 
Sir, had you any discourse with him afterwards?  Goring. 
Yes, every day till Thursday at night.  Att. Gen. 
Did he complain of much pain?  Goring. 
Yes, constantly in his Belly, his Sides and his Shoulders.  Att. Gen. 
What did he tell you was the cause of his death?  Goring. 
He said, it was my Lord of Pembroke that had done him the injury in throwing him down; who trod on him, or kicked him, he could not tell, but said, my Lord should answer for it to him.  Att. Gen. 
Do you remember what part he complained of most?  Goring. 
His Belly.  Att. Gen. 
And what else?  Goring. 
I think his Side and Shoulders.  Att. Gen. 
What distance of time was it between your being thrust out of the Room, and your coming in, and finding him upon the Chairs?  Goring. 
About half an hour.  L. H. St. 
Mr. Goring, you say you saw no stroke given by my Lord of Pembroke to Mr. Cony.  Goring. 
No truly, may it please your Grace, I saw my Lord make towards him, but Mr. Savage was between my Lord and me, and I was put out of the Room.  L. H. St. 
You did not hear Mr. Cony charge my Lord with kicking him, or stamping on him?  Goring. 
He did not in my hearing charge him with stamping on him, but that he threw him down, and that then some one did kick him.  Att. Gen. 
My Lords, We have done with this Witness.  L. H. St. 
My Lord of Pembroke, Will your Lordship please to ask that Witness that spoke last any Questions, for now is your time?  E. of P. 
No, my Lord.  Att. Gen. 
Then we desire Mr. Savage may be examined: Mr. Savage, pray do acquaint his Grade and my Lords what you know of this Business.  Savage. 
May it please your Grace, I was in company with my Lord of Pembroke at Mr. Long's House in the Hay-market, when Mr. Cony came in, and making a great noise at the Bar, my Lord of Pembroke being in a lower Room, looked out at the door, and seeing who it was, my Lord saluted him very kindly, and told him he was glad to see him, and desired him to wall into his Room. Mr. Coney told him he had a Friend at door, and desired his Lordship to admit him, which my Lord embraced very kindly: and then Mr. Cony goes to the door and calls Mr. Goring, desiring him to come in, and they came together into the Room; my Lord desired them to sit down and drink a Glass of Wine, which they did, and after some time falling into discourse, Mr. Goring began to make use of some impertinent language to my Lord, and amongst the rest told him he was as good, or a better Gentleman than he was.  Att. Gen. 
Goring did?  Savage. 
Yes, Goring did; upon which my Lord threw a Glass of Wine in his face, and immediately stepped back and drew his Sword: Mr. Goring was going to draw, but I came up to him, and took his Sword from him, and broke a piece of it, and upon my persuasion my Lord put up his Sword again; but for fear there might be more words, I took Mr. Goring in my arms, and shoved him out of the Room: and whilst I was thrusting him out of doors, I heard a noise of a Bustle behind me, and leaving the Drawer to keep Mr. Goring out, I saw my Lord of Pembroke strike Coney with his right hand, who immediately fell down, and then gave him a kick; and so upon that, finding him not stir, I took Mr. Cony being on the ground, (I and my Lord together, for I was not strong enough to do it myself) and laid him on the Chairs, and covered him up warm, and so left him.  Att. Gen. 
You say my Lord struck him a blow.  Savage. 
Yes, he did strike him.  Att. Gen. 
On what part?  Savage. 
I suppose on the face.  Att. Gen. 
You say, Sir, my Lord of Pembroke did kick him when he was upon the ground.  Savage. 
Yes.  Att. Gen. 
Did he kick him once, or oftener?  Savage. 
But once, that I saw.  Att. Gen. 
Pray Sir, on what part was it?  Savage. 
Some where on the Body, but I cannot tell what part.  Att. Gen. 
With what force did his Leg move?  Savage. 
Not with a very great force.  Att. Gen. 
How high was his Leg listed up?  Savage. 
He pushed his Leg with a quick motion for words.  Att. Gen. 
When you took him up he was senseless, you say; pray Sir, how long was it ere he was brought to life again?  Savage. 
Two or three minutes.  Att. Gen. 
What means did you use to bring him to himself?  Savage. 
We chased him over the Temples, and such things.  Att. Gen. 
When he came to life again, did he speak?  Savage. 
He did open his Eyes, but did not speak.  Att. Gen. 
What followed then?  Savage. 
We laid him upon some Chairs gently, for his Pulse was almost gone, that we could feel.  Att. Gen. 
Did his Eyes continue open after he was revived?  Savage. 
Not long; for I asked him if he knew me, he seemed to shake his head, as if he did, and then closed his Eyes again.  Att. Gen. 
Before that accident, what condition was he in? was he able to talk?  Savage. 
He was very drunk; but he did say something.  Att. Gen. 
What discourse had he before he was struck down?  Savage. 
I cannot well remember, but I think he proposed Play to my Lord.  Att. Gen. 
Why did my Lord strike Coney?  Savage. 
I cannot tell, I was then putting Goring out of the Room, and hearing the noise of my Lord's motion towards Coney, I looked back and saw my Lord strike him.  Att. Gen. 
What language did he use to my Lord to provoke him to it?  Savage. 
I cannot tell any at all.  Att. Gen. 
Did you see Mr. Cony after that time, and what did he then say to you?  Savage. 
I went two days afterwards to see Mr. Cony, who told me he was then in a pretty good condition: He asked me whether my Lord had struck him? I told him, yes: Truly said he I did not know that my Lord had struck me, but finding myself so much in pain, I thought I had fallen, partly through my drink, and partly through my Fits I used to have.  Att. Gen. 
We (my Lord) have now done with this Witness.  L. H. St. 
My Lord of Pembroke, will you ask Mr. Savage any Questions?  E. of P. 
No, my Lord.  L. H. St. 
Mr. Savage, I think you say you saw my Lord of Pembroke kick him once in your Judgement, was that kick of such force as to give any great bruise?  Savage. 
I did (my Lord) see him kick him once, but not with any great force, as I conceive.  L. H. St. 
You did not hear Mr. Cony complain my Lord had kicked him?  Savage. 
No; for as I told your Lordship, when I was to see him two days after, he asked me the question, and said he did not know it before.  L. H. St. 
Mr. Attorney, pray on with your Witnesses.  Att. Gen. 
We shall next call Mr. John Shelly: Mr. Shelly, pray tell his Grace and my Lords your knowledge in this untoward accident.  Shelly. 
May it please your Grace, I was in the Room at Longs, when Mr. Cony and Mr. Goring came in; they were both very far in drink, in so much that Goring could hardly stand, but desired he might have leave to sit down, which he had: Mr. Goring in a little time proposeth Play to my Lord, and my Lord told him he would throw with him for 500 l. and was sending away for the Money; but then Mr. Goring would not Play: I believe (said my Lord to him) you are an idle Fellow, that you will propose these things and not pursue them: Upon that Mr. Goring tells my Lord, his name was a better name than his Lordships, and he a better Gentleman than my Lord: Then my Lord takes some Wine, and threw in his face; hereupon Mr. Goring steps back, and drew his Sword, and my Lord did the same: Captain Savage steps in between them, and keeps my Lord, while Goring was put out of the Room: my Lord then desired Mr. Cony to go out with his Friend: Said he, I do not know upon what account my Friend is sent out; whereupon my Lord hit Coney a box on the Ear, and that threw him down.  Att. Gen. 
Pray Sir before my Lord struck him, did not Coney give my Lord some ill language?  Shelly. 
He only said as I told you before, I know not upon what account my Friend is turned out of doors.  Att. Gen. 
Did you see my Lord strike him?  Shelly. 
Yes.  Att. Gen. 
Whereabouts?  Shelly. 
On the head, with his Fist, or his Hand.  Att. Gen. 
Did he fall at the first blow.  Shelly. 
Yes.  Att. Gen. 
Did he afterwards say any thing?  Shelly. 
No.  Att. Gen. 
Did you see my Lord kick him?  Shelly. 
No.  Att. Gen. 
Did you see my Lord hold up his foot to do it?  Shelly. 
Yes.  Att. Gen. 
How high?  Shelly. 
A pretty height.  Att. Gen. 
Pray what became of the Gentleman afterwards?  Shelly. 
They took him up in their arms, and laid him upon some Chairs.  Att. Gen. 
Did you see him laid there?  Shelly. 
Yes.  Att. Gen. 
Was he senseless when he was taken up?  Shelly. 
Yes.  Att. Gen. 
What was the reason do you think that he did not open his Eyes, and keep them open?  Shelly. 
Truly I believe his Drink, as well as the Blows.  Att. Gen. 
The one as well as the other.  Shelly. 
Yes.  Att. Gen. 
What then did they do with him?  Shelly. 
They laid Blankets upon him, and Pillows under him, and laid him upon the Chairs?  Att. Gen. 
How many Chairs?  Shelly. 
As many as reached his length.  Att. Gen. 
Who did you leave him in charge withal?  Shelly. 
With the Drawer.  Att. Gen. 
Did he speak between the time of his first fall, and your going away?  Shelly. 
No.  Att. Gen. 
Did you see him after?  Shelly. 
Yes, three days after.  Att. Gen. 
What did he then say to you?  Shelly. 
That he had a Fit, but was pretty well recovered.  Att. Gen. 
When was it you saw him after that?  Shelly. 
On the Saturday after, and then he told me the same again.  L. H. St. 
Did he impute any thing to my Lord of Pembroke?  Shelly. 
He said nothing at all to me of the ground of his illness, but that which I have told your Grace.  L. H. St. 
My Lord of Pembroke, will your Lordship ask this Witness any Questions?  E. of P. 
No, my Lord.  Att. Gen. 
Then We for the King desire to examine Mr. Fitz-Patrick, Captain Fitz-Patrick, Pray tell my Lord High-Steward, and my Lords the Peers, what you know:  Fitz-Pat. 
My Lord, I was in the Room at Longs with my Lord of Pembroke, and my Lord was walking about the Room, and he hears a noise without, and steps to the door, where opening the door half, he saw Mr. Coney at the Bar, who was just come in, and seeing my Lord, comes to salute him, my Lord returning into the Room, said to him, Will you come in and join Company? Mr. Coney answered, I have my Friend here my Lord, and brings Mr. Goring to my Lord, who saluted him kindly, and desired them both to walk in: Upon which, all we that were in the Room stood up, and the Drawer gave them Chairs; after the drinking about of a glass or two, Mr. Goring (both being drunk) said, amongst other discourse, I will drink, I will play, I will fight with any man. Who is this Gentleman, said my Lord of Pembroke, that I should never hear of, or know him? How, said Goring, ('S Blood) not hear of me? My Name is Goring, a Name and Family as good as any Gentleman's in England: There is no body doubts it, said my Lord: Your Betters, said Goring; and then my Lord threw the Wine in his Face; and Goring going to draw, was put out of the Room by Mr. Savage, and my Lord, upon some words from Coney, struck him down with his Hand.  Att. Gen. 
What words were those?  Fitz-Pat. 
When I asked my Lord the reason why he struck Coney, he told me, it was because Coney had told him Goring should not go out of the Room till he knew the reason of it.  Att. Gen. 
Did you hear him say so?  Fitz-Pat. 
No, not I, but my Lord upon my ask gave that for the reason.  L. H. St. 
What was the reason?  Fitz-Pat. 
Because Mr. Cony told him, Goring should not go out of the Room, till he knew some reason for it: After my Lord had struck him, I was on the other side of the Table, and could not see whether my Lord did stamp on him, or kick him; but I see my Lord's Knee stir, and if he did kick him, he kicked him but once, for we ran in and took him up to lay him upon the Chairs, and taking his Handkerchief out of his Pocket to wipe his face, we plucked out of his Pocket with it some false Dice, which we afterwards put into the hands of Mr. Long, to prove that they intended and proposed Play; and after we had laid him on the Chairs, and wrapped him up warm, we left him.  Att. Gen. 
How was he after he was taken up?  Fitz-Pat. 
He opened his Eyes, but being very drunk before, could not keep them open, but shut them again; and we made a Bed for him on the Chairs, and having wrapped him up warm, we left him and ordered the Drawer to make him a fire.  L. H. St. 
Did you hear him speak after he was up?  Fitz-Pat. 
No, my Lord: Mr. Savage spoke to him, and asked him, if he knew him; he only looked on him, and by a turn of his Head seemed to answer him yes.  L. H. St. 
On the Oath you have taken, did you hear him speak to my Lord of Pembroke at any time before he was struck?  Pat. 
Yes, my Lord, he had spoken before, and I saw his Lips make a motion towards my Lord, but what he said, I know no otherwise than as I said before.  L. H. St. 
My Lord of Pembroke, Will your Lordship ask this Witness any Questions?  E. of P. 
No, my Lord.  Att. Gen. 
We have now, my Lord, done with the Witnesses that were by when the Fact was committed; by all whom your Lordships hear, the Blows were all given by my Lord of Pembroke, and in their company; they are all Gentlemen of Quality, and therefore, I believe, speak the truth: We will now call some Witnesses that were with the unfortunate Gentleman in his sickness, whereof one was his Physician, another his Nurse, and others, who were often with him, and after his death had a view of the Body. These will give your Grace and my Lord an Account, that he died of those Wounds and Bruises he then received; they are these four, Dr. David Bruce, Mr. Thomas Hemes, Mr. Charles Jackson, Alice Avery.  Cl. of Cr. 
Harken to me you four. The Evidence that you and every of you shall give for our Sovereign Lord the King, against Philip Earl of Pembroke, shall be the truth, the whole truth, and nothing but the truth: So help you God.  L. H. St. 
Whom do you call first Mr. Attorney?  Att. Gen. 
Dr. Bruce; my Lord: Pray Sir acquaint my Lord High-Steward his Grace, and my Lords the Peers, what you know of Mr. Cony's Sickness, and the cause of his Death, as you apprehend.  Dr. Bruce. 
May it please your Grace, All that I can evidence in particular of Mr. Cony's Sickness was this: On Monday morning after his being in company of the Earl of Pembroke, I was sent for to come to Mr. Cony's Lodgings, and about Ten of the Clock I came; he was then in extremity of pain in both Shoulders, so that he could not move, and his pains were so acute; that he could not admit of touching: Upon the abating of those pains by my application the next day, he then began to complain of pains in his Belly, but those not so extreme as those in his Shoulders; after some applications thereto, he complained of both, but in a little time was so eased, that he kept well all night, and till nine or ten the next morning. The next day, which was Wednesday, when I came to see him, I told him of the common report of his being kicked; he seemed displeased that such a thing should be reported, and throwing down the Bed-cloaths, showed me his Belly, but I could not see any blemish upon it then, either by discolouring or bruising; I found him indeed very backward in receiving Remedies, but left him then in a hopeful way of recovery, but saw him not after, because being sick myself, I could not attend him.  Att. Gen. 
Did he complain of any Hurt about him then?  Bruce. 
Only in his Belly.  Att. Gen. 
Did you then see his Belly?  Bruce. 
Yes, Sir, for he threw away the clothes.  Att. Gen. 
Did you see upon his Breast, or any where else?  Bruce. 
He did not complain of any Ail there, and so I looked not for any thing.  Att. Gen. 
What did he complain of when you came first to him?  Bruce. 
Only his Shoulders.  Att. Gen. 
And after his Belly.  Bruce. 
Yes.  L. H. St. 
Hark you, Doctor, what day was that you came to look on his Belly, whether he had any Bruises or no?  Bruce. 
Wednesday morning, my Lord.  L. H. St. 
And then you say upon your Oath, you saw there no swelling or discolouring.  Bruce. 
None at all, my Lord, I gave it in upon my Oath before the Coroner, and the same I say now.  At. Gen. 
We have done with the Doctor, my Lord.  L. H. St. 
My Lord of Pembroke, will your Lordship examine him to any thing?  E. of P. 
No, my Lord.  At. Gen. 
Then there is Mr. Hemes; pray Sir, acquaint my Lords what you know of this Gentleman Mr. Cony, and first pray you tell his Grace when you came to him first.  Hemes. 
It was on Monday morning after this Accident, about eight of the Clock.  At. Gen. 
Did he send for you?  Hemes. 
Yes, Sir.  At. Gen. 
How did you find him when you came?  Hemes. 
In great extremity of pain, and very sore, complaining of pains over all his Body, especially on his Shoulders and Buttocks. Then the Doctor, who came in soon after, did apply Plasters to him, and when he anointed him he was so sore, that he could not endure any one to touch him, nor could we tell how to turn him in his Bed, or how to place him so as to apply the Ointment, but were fain to get a Sheepskin to wrap him in, and by Pillows and a broad Joyn-stool, raise him up by degrees: I did then look upon his Body, but saw no swelling or bruise there.  L. H. St. 
Did you see his Belly?  Hemes. 
No, my Lord, but he did complain of an inward grief there.  At. Gen. 
When did he first complain of that?  Hemes. 
The first morning when I came.  At. Gen. 
What words did he then use? tell the very words he used, if you can remember them.  Hemes. 
No, Sir, I cannot; but he complained of a great soreness in his Belly, and an inward soreness.  At. Gen. 
Where, in what part of his Body?  Hemes. 
In his Belly, I say.  At. Gen. 
Well, now go on; how long did you continue with him? how many days did you come to him?  Hemes. 
I came to him every day all along.  At. Gen. 
Were you with him till the day he died?  Hemes. 
Yes; there was indeed a new Physician sent for, but I saw him all along usually once a day.  At. Gen. 
Did he complain more than once of his Belly?  Hemes. 
Yes, all along from the first morning.  L. H. St. 
Did you see him opened after he was dead?  Hemes. 
Yes, my Lord.  L. H. St. 
What can you say as to what you saw on him then?  Hemes. 
When he was opened, in the lower part of his Belly there was a great deal of Blood gathered together on both the Hypocondria's, which is not usual; I cannot tell the meaning of it, the Physician knows that best.  Att. Gen. 
Was it congealed black Blood?  Hemes. 
It was of an ugly colour.  Att. Gen. 
What colour?  Hemes. 
Of a blackish livid colour.  Att. Gen. 
Have you observed it often so in others? Have you used to see People opened at other times?  Hemes. 
No indeed not I, but very seldom.  Att. Gen. 
Well then, stand down you, for we have done with you.  L. H. St. 
My Lord of Pembroke, have you any thing to say to him?  E. of P. 
No, my Lord.  L. H. St. 
Then call your next Witness.  Att. Gen. 
That is Mr. Jackson. Pray you Sir tell my Lords what you know of this Business: When were you sent for to Mr. Cony?  Jackson. 
On Wednesday.  Att. Gen. 
What Acquaintance had you with him?  Jackson. 
I had a very particular Acquaintance with him, and I looked upon him as a person of a strong, healthy Constitution, and not subject to any dangerous Distemper; my Acquaintance with him was of twelve years standing, and therefore I must needs know him pretty well. Upon the Wednesday, after this Accident, hearing he was very weak, I went to visit him, and when I came, he told me, he had been troubled with very unusual Swooning, and then fell into one of them, but with some Cordials we revived him again, when we thought all of us he had been dead. The Friday and Saturday before he died, I was with him all day, he complained of great griefs in his Belly, he said, he had great torment there, and believed he had received some ill usage lately, which occasioned these pains.  Att. Gen. 
From whom had he received it?  Jackson. 
He was very sparing in telling whom it came from.  Att. Gen. 
Who did he name?  Jackson. 
He said, he was a drinking with my Lord of Pembroke; but he was in such pains, that I could not ask him many Questions which he would answer.  Att. Gen. 
Where were his pains?  Jackson. 
In his lower Belly, and he had sometimes strange fainting Fits.  Att. Gen. 
When did he first complain of his Fits to you?  Jackson. 
On the Wednesday.  Att. Gen. 
When did he die?  Jackson. 
On Monday following.  Att. Gen. 
Did he complain on Saturday of his Belly?  Jackson. 
Yes.  L. H. St. 
What Discourse had you further with him?  Jackson. 
None but what I tell your Lordship, that I can remember.  L. H. St. 
My Lord of Pembroke, have you any thing to say to him?  E. of P. 
No, my Lord.  L. H. St. 
Who's next then, Mr. Attorney?  Att. Gen. 
Alice Avery, my Lord, who was his Nurse— Were you attending upon Mr. Cony in the time of his Sickness?  Avery. 
Yes, I was.  Att. Gen. 
Pray tell my Lord your whole knowledge.  Avery. 
When he came in on the Monday morning, I found he was very ill, and could not well stand: Sir, said I to him, sure you are very much in Beer; No, said he, I am very sore, and full of pain: Sir, said I, I believe you have been in some bad company; Yes, said he, I have been in some company, where I have received a great deal of wrong, I am not able to go nor stand, I have been beaten and kicked more than ordinary, I was never so abused in all my life; and upon his dying-Bed he wished to God, he had never been in my Lord of Pembroke's company, for he did think in his conscience my Lord had been the death of him.  Att. Gen. 
Speak that again.  Avery. 
He wished to God he had never been in my Lord of Pembroke's company, for he did think in his conscience that he had been the death of him.  L. H. St. 
How long before he died was that?  Avery. 
About two or three hours before he died.  Att. Gen. 
Did he continue sensible to the time that he died?  Avery. 
Yes, to the last minute.  Att. Gen. 
How often did he complain of his pain?  Avery. 
All along from the time he came out of my Lord of Pembroke's company.  Att. Gen. 
What time did he come home?  Avery. 
About seven or eight of the Clock on Monday morning.  Att. Gen. 
Where and what part did he complain of then?  Avery. 
His Sides, and all parts about him.  Att. Gen. 
How often did you discourse with him about his pain?  Avery. 
Every day divers times, from the time he came home till he died.  Att. Gen. 
And he spoke those words a little before he died?  Avery. 
Yes, and often complained of his being abused.  L. H. St. 
My Lord of Pembroke, will you ask this Woman any Questions?  E. of P. 
No, my Lord.  L. H. St. 
Have you any more Witnesses, Mr. Attorney?  Att. Gen. 
Now, my Lord, We shall call three more, that had a view of the Body after his death, upon the Coroner's Inquest, who will give your Grace an Account what appearings of Murder were there visible; and they are, Richard Wheeler, William Brown, Thomas Roberts.  Cl. of Cr. 
Lay your hands on the Book: The Evidence, etc.  Att. Gen. 
Which is Mr. Brown? Did you see the Body of Mr. Cony after he was dead?  Brown. 
Yes, my Lord, I was one of the Coroner's Inquest, which after view of the Body went into another House; but some of us seeing the Body swelled at that rate as it was, and being unsatisfied of the cause, went back again to look upon it, and there I saw upon his right Breast a great black Bruise; and I looked upon the Cawl, which was all wasted away; and on his left Side again a great black Spot, and in the bottom of his Belly a quantity of very ill-lookt Blood.  Att. Gen. 
When was this you saw it? what day? how long after his death?  Brown. 
The day after he died.  Att. Gen. 
Where did you observe any Hurt and Bruise upon him besides?  Brown. 
As he lay before he was opened, we saw him all over swelled at a prodigious rate, and black and blue in divers places; so that I was unsatisfied till I had seen the inward parts, and therefore went up and saw what I said before.  L. H. St. 
Did you know the Gentleman before?  Brown. 
No, my Lord.  L. H. St. 
My Lord of Pembroke, do you desire to ask him any thing?  E. of P. 
No, my Lord.  L. H. St. 
Then go on, Sir.  Att. Gen. 
Richard Wheeler, pray tell my Lord what you know.  Wheeler. 
My Lord, I was summoned upon the Jury by the Coroner, and according to my duty I made such an inspection as I could into the Body; I did observe upon his right Breast a very black and great Bruise, and on the left side of his Belly a very black and great Bruise, which was indeed of an other-guise colour than that of settled Blood, for I have of my own knowledge had a sad experience of that kind.  Att. Gen. 
Did you know the Gentleman before?  Wheeler. 
Yes, I knew the Gentleman very well, and I had not known him to be the same person then, but by their description that were about him, for all the parts of his Body were most violently swelled.  Att. Gen. 
Did you see the settled Blood at the bottom of his Belly?  Wheeler. 
Yes; and as I was informed, that was occasioned by his being forced to lie on his Back continually, because his pain would not suffer him to move: that on the Side, and Ribs, was a perfect Bruise.  Att. Gen. 
Where is Mr. Roberts? did you see this Gentleman's Body after his death?  Roberts. 
I saw the Body after it was opened, and viewed the inward lower parts of the Belly, where there was a quantity of Blood gathered together.  Att. Gen. 
Was it more black in that part then in others?  Roberts. 
It was black congealed Blood.  Att. Gen. 
How broad were the spots?  Roberts. 
About the breadth of my hand.  L. H. St. 
Mr. Roberts, did you see the left side, of the Belly bruised?  Roberts. 
Yes, my Lord; and (as I said) in the lower inward parts black congealed Blood.  L. H. St. 
Was there any swelling?  Roberts. 
Yes, my Lord, very much.  L. H. St. 
The Doctor that was examined before, said there was no swelling nor discolouring.  Att. Gen. 
He did so, my Lord; but this was several days after that.  L. H. St. 
My Lord of Pembroke, will you examine these men?  E. of P. 
No, my Lord.  Att. Gen. 
My Lord we have but one Witness more for the King, and that is Mr. Charles Cony, who is Brother of the Gentleman that died, who will give you an account what he said in his sickness; and the Sayings of a dying man in such circumstances, are remarkable.  Cl. of Cr. 
Charles Coney, hearken to your Oath: The Evidence, etc.  Att. Gen. 
Now Mr. Cony, tell his Grace and my Lords the occasion of your Brother's sickness and death.  Coney. 
May it please your Grace, on Monday the 4th of February I was sent for by my Brother, about nine of the Clock in the morning, to come to speak with him but not believing his business to be urgent, deferred my going; the Messenger immediately comes back again, and tells me my Brother was exceeding ill: As soon as I came, I found him almost dying, his Eyes set, and he extremely ill, but we recovered him in a little time: whilst he complained of great pain, I examined what might be the cause, and where he had been last night, (for I understood he came not home till morning) and in what company. And when I was told of my Lord of Pembroke's company, who had struck him down with a box of the Ear, both he and I quickly concluded how his ill came: But to be satisfied, (he telling me he could not remember what he did) we sent for the Drawer, to know the truth of the matter: but in the mean tiem, to comfort him, I told him I hoped it was only a fainting Fit, which would be over again in a while. The Drawer came, and did assure me that my Lord did never strike him; which upon assurance I did believe, especially when he came again in the Afternoon, and told me the same story. All the while he was in the horridest pain that could be, and could not be touched, but was forced to lie upon his Back. The Doctor told us, for application to ease his pain, the best thing to wrap him in was a whole Wether's Skin; which we did at two of the Clock in the Afternoon, by the help of a Chirurgeon, raise him up, and put on him. On Tuesday 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 seemed 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?  Coney. 
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 Surgeons they were that did view the Body after dead.  L. H. St. 
Mr. Coney, come forward, my Lord of Pembroke desires to know what Surgeons viewed the Body?  Coney. 
Mr. Snell the Chirurgeon, I think, my Lord.  E. of P. 
I desire your Grace he may be examined.  L. H. St. 
If the King's Council have done, than 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 Blood 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 Blood in the lower part of his Belly.  L. H. St. 
Extravasated Blood?  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, etc.  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 yourself, 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 viuâ 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, etc. 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 mulled 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 ask for his Master, he told me he was asleep; I was something vexed at the Fellow for troubling of me so, and while I was speaking to him, Mr. Coney 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 extremely 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 inquire 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 remembered 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 Physic; but knowing his condition to be so bad, I would not venture upon it alone, and desired that he would join 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 Blood 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 entrails had received any such prejudice, because I saw him myself 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 wondered 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 fetched 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 dissuaded 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 blood, 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 Blood 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 Gripping 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 myself 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 Illness, for he had no symptom 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 troublesome 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 testify 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 symptom 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 Inflammation follows, and that Inflammation 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 Blood: then I looked upon the Cawl, which was withered and consumed, and the Heart was as lose as a Rag, and his Lungs stuck to each side of his Ribs; and as to the matter of the Blood, that was not an extraordinary thing, for it is known to Physicians, that in all Natural Deaths there must be extravasated Blood in the lower Belly.  L. H. St. 
How did you think there came to be that quantity of Blood there?  Raven. 
This Blood I think (my Lord) must be extravasated by the violence of his Gripes, for it is proved he drank a great quantity of Claret, and afterwards of Small Beer, which set the Blood upon a Fermentation, that set him a Vomiting, by the violence thereby used to Nature this Blood was thrown down into the Belly: but in all Natural Deaths, if there be not so great a consumption of the Blood that there is none left, there must be some extravasated; it is a clear case.  L. H. St. 
My Lord of Pembroke, hath your Lordship any more Witnesses?  E. of P. 
Yes, my Lord, two more, Benjamin Long and William Viner.  L. H. St. 
Who does your Lordship begin with?  E. of P. 
Long.  L. H. St. 
Do you hear, Long, you must have as great a care what you say, as if you were upon your Oath.  Long. 
A little before this business happened, Mr. Cony comes into my House at Covent-Garden, and said he was very ill; he was just going to sit down, and missed the Chair, and had like to have fallen down, being almost in a Swoon; whereupon he said, send for Dr. Conquest presently, or else I shall die: so I sent my Servant to call him, who found him at the Coffee-house: When he came in, said he, Sir, how do you? I am glad you are come, said Mr. Cony, for I am very ill; and there were two Gentlemen came in with the Doctor, that were then going to the Playhouse: said Mr. Cony, I am taken with the Fainting Fits, and fear they will kill me; upon that Dr. Conquest bid him have a care of drinking, for it would ruin him.  L. H. St. 
When was this?  Long. 
A little before Christmas, my Lord.  L. H. St. 
How long before he died?  Long. 
It was before he was hurt.  L. H. St. 
How long?  Long. 
Five or six Weeks, my Lord, as I remember, I cannot tell exactly.  L. H. St. 
Well, and what followed?  Long. 
Dr. Conquest would have him go home to Bed, which I know not whether he did or no, but he went away from our House, and the Doctor said he would send him a Glister, and some other things the next morning: And this is all I can say.  L. H. St. 
Is that all you can say?  Long. 
Yes, my Lord.  L. H. St. 
Why was not this accident done at your House?  Long. 
No, my Lord, it was at my Brothers in the Hay-Market.  L. H. St. 
Then call next Viner; what say you?  Viner. 
May it please your Grace, I am Drawer at Mr. Longs in the Hay-Market, I did see my Lord strike him with his hand, and that is all; I came in just as he struck the blow, and Captain Savage bid me keep out Mr. Goring, which while I was doing, I knew not what was done more; but after they had laid him upon the Chairs, they charged me to make a Fire, and look after him, and left him: He fell down divers times off the Chairs; and when he came to himself a little, I asked him how he did? he told me he was very sick, and I got him still up again upon the Chairs: And then he had several Fainting Fits in the Room, and about seven of the Clock in the morning, we sent him home in a Chair to his Lodging. The same day at one of the Clock he sent for me, to know what had happened, for his own memory would not serve him to tell: I did not think fit then to tell him my Lord had struck him, but told him he had had many falls in the Room: 'Tis Fits, said he, that I have had not long since, and it comes with my hard drinking, and not looking to myself.  L. H. St. 
He supposed it to be so.  Viner. 
Yes, my Lord, he himself did.  L. H. St. 
Did you see my Lord of Pembroke tread upon him?  Viner. 
No, my Lord, I only saw the blow of his hand, for I was getting Mr. Goring out of the Room.  L. H. St. 
Did he say my Lord of Pembroke did tread upon him?  Viner. 
No, he could not tell any thing that my Lord had done to him; he was drunk that night, and therefore sent for me to know how it was.  L. H. St. 
My Lord of Pembroke, hath your Lordship any more Witnesses?  E. of P. 
No, my Lord.  L. H. St. 
Did not your Lordship speak of one Snell, my Lord, a Chirurgeon, at first.  E. of P. 
I did expect, my Lord, they should have brought the person your Grace speaks of.  L. H. St. 
Why, my Lord.  E. of P. 
Because he was their Chirurgeon.  L. H. St. 
What say you now of the King's Council, to my Lord's defence?  Sol. Gen. 
If my Lord hath done, we are ready to go on for the King.  L. H. St. 
Will your Lordship say any thing more for yourself?  E. of P. 
I have nothing more to say, my Lord.  
Then Sir Francis Winnington, his Majesty's Solicitor General, summed up the Evidence, and concluded the Charge thus.  Sol. Gen. 
May it please your Grace my Lord, High-Steward of England, and my Noble Lords, that are now Judges of this Cause of Blood; I shall with all faithfulness endeavour to discharge my duty in this Great Court, and confine myself solely to the Evidence that hath been given, and I hope I shall not do this Noble Lord, the Prisoner at the Bar, any injury, by misrepetition. This Evidence, my Lords, that hath been produced for the King, to make it out, that the Prisoner at the Bar is guilty of Murder, doth (may it please your Grace) consist of three parts.  
1. In the first are contained those Matters of Fact, which did arise at the time when the poor unfortunate Gentleman came into my Lord of Pembroke's company, and what happened before my Lord of Pembroke did depart from that place.  
2. The second part of the Evidence consists of Matters that did arise by confession of the Party, and his discoursing with persons who came to visit him, or were with him during the time of his sickness.  
3. The third part doth consist of Matters arising! after his death, upon the view of the Body. Under these three heads are comprehended all the King's Evidence, and with humble submission I humbly conceive, that the Evidence doth reach the Indictment, which is for the Crime of wilful Murder. But when I have humbly stated the Fact, I must submit it to the Judgement of my Noble Lords and Peers.  
But to take a due method, I shall begin with a word or two of what Mr. Attorney General was pleased to hint, when he opened the Cause, that is, to show what Murder is, and wherein we conceive the Evidence comes up to the Indictment. Murder in our Law is, when one man kills another upon malice forethought; now that malice is comprehended under two particulars: The one is expressed a former grudge, discontent, and hatred to a man, to lie in wait to slay him: The other is malice employed, and that is when a person will come and fall upon another, and kill him with violence, without any provocation; and that I take to be the Case now before your Grace, and these Noble Lords; whether this Noble Lord, the Prisoner at the Bar, be guilty of Murder, under the head of malice employed, having killed a man, without any provocation given; for if it should be made appear, as I humbly conceive it hath, with submission, that Mr. Cony did receive his Wound, whereby his death came from the Earl of Pembroke, it is with our Law Murder.  
That my Lord of Pembroke did invite him into his company, is sworn by four Witnesses; for when they came into the House, they did not so much as inquire whether my Lord was there or no; and when my Lord asked him to come into the Room, Mr. Cony did excuse it, in a manner, by having his Friend with him; pray bring your Friend in with you, said my Lord: After a little while it was said, there were several Discourses passed between my Lord and Mr. Goring concerning Play, and their Families; but the third Witness doth swear, that when they were speaking of playing for 500 l. Mr. Goring declined; my Lord of Pembroke first called him idle Fellow, and that occasioned Mr. Goring to give that language, which was not so fit for him to give to a Noble Lord of his Quality. But may it please your Grace, let the Discourse between Mr. Goring and my Lord of Pembroke be what it will, the Question will be, Whether or no the Party that was killed, gave my Lord of Pembroke any provocation, or cause of discontent, which might make him give him that Blow? or whether or no the striking or kicking was the cause of his death? That comes in the last place, for I am now under that head; there was no provocation given by Mr. Cony to my Lord to strike him, and four Witnesses there were to that, the persons by at the time when it was given, who all as to the substance swear the same thing, only one or two Circumstances come from some of them, that do not come from all. Mr. Savage, a man of Quality, and an honourable Family, swears, That at the time when Mr. Goring was put out of the Room, he saw the Earl of Pembroke (turning his face) give Coney a Blow on the Head, and one Kick when he was down; the Question was asked him, Whether he kicked him upon the Belly; but that he could not answer to; He likewise doth particularly say, After the Blow was given by the Earl of Pembroke, that struck him down to the ground, he saw his Knee lifted up to kick him, higher than the motion of usual walking, so that some violence was used as to that. Mr. Fitz-Patrick, though they all agree in substance, yet he hath one particular differing from the rest; he saith, That when my Lord of Pembroke was asked why he struck Mr. Cony, he answered, Because he said Mr. Goring should not go out of the Room, without his knowing some reason for it; this he swears the Earl did say, but whether it was so or no is the Question. Shelley says, No such word passed, nor doth Savage speak of it: But be that Circumstance true or not, (for all the Witnesses agree in Substance, and may not be able to agree in all Circumstances) yet under submission, I must leave it to the Judgement of my Lords the Peers, whether that be Provocation sufficient to lay violent hands on a Man. Shelley indeed says the words were, I know not why my Friend is turned out of doors; now whether these are a Provocation, such as in Judgement of Law can be deemed sufficient to lay violent hands on a Man to kill him, is the Question; we suppose it is not, but such a stroke is given without a Provocation, in which the Law implies malice. This (may it please your Grace) is the sum of that which I humbly take the boldness to remember your Lordship of, as to the first part of the Evidence.  
2dly. The second part is upon what ariseth after the Blow was given. My Lord of Pembroke that time was certainly apprehensive he had done the Gentleman some wrong, and that is evident by his care of him after, for his own Witness Viner doth say, that my Lord bid him make a fire and watch with him; surely if my Lord had not been conscious to himself, that he had done some thing extraordinary to the person of that Gentleman, that caution had not been given to the man: But besides (my Lord) there are little Circumstances, which are always allowed for Evidence in such Cases, where men receive any Wounds, to ask them Questions while they are ill about it, who hurt them. Now as to this there are four Witnesses also, Dr. Bruce, Mr. Hemes, Mr. Jackson, and Alice Avery.  Dr. Bruce 
swears, That when he came on the Monday to inquire of Mr. Cony what his Illness was, he did complain of soreness about his Shoulders, but did not make mention of the lower part of his Belly, or any discolouring there.  
But Henies the Apothecary says, He not only complained of extreme pains in his Shoulders, but also of extreme inward soreness in the lower part of his Belly, and this person was frequently with him, and the same complaints came from him, till he expired his last breath.  Jackson, 
he did know him for a long time before; he saith indeed, He had about two or three months before a fainting Fit or two, but to this time he looked upon him as a healthy man, and he continued with him off and on till he died, and to him he did declare he had received injury from the Earl of Pembroke, though he was very loath to say what: And he also tells your Lordships, that he saw the Blood in his Belly after the Dissection, which he imputed to some Hurt he had received. Indeed there is a Chirurgeon that tells your Lordships, that it is an ordinary thing, and that it is so in all natural Deaths, and it might be occasioned by his drinking the Beer, which made him vomit, and concluded with these words, (I noted them.) 'Tis a clear Case; but the man not being upon his Oath, and giving it in as his single opinion, I hope will not bear so much weight with your Lordships.  
The Nurse that was continually with him to the last moment, swears, He did continually complain after he came into the House, of pains all over his Body, and (as she saith) continued in his senses, and the right use of his understanding, till the last breath, but principally complained of soreness in his Shoulder, his Side, and his Belly, and did likewise often mention my Lord of Pembroke's unkindness to him, declaring about two hours before he died, that he thought in his conscience the Earl of Pembroke was the cause of his death.  
These four Witnesses swear what I have truly repeated, for I would be very unwilling in a Cause of Blood, 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 Lordship's 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 Jurymen, 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 ask 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 inquire, 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 withal, I humbly then submit to your Lordship's consideration, whether the King's Evidence hath not reached up to the Indictment: Here is Murder 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 looked 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 hastened 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 Lordship's consideration, whether it be not Murder 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 Blood, by man shall his Blood 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. 
Sergeant at Arms, make Proclamation.  Serj. 
O yes, my Lord High Steward of England his Grace straight chargeth and commandeth all manner of Persons here present, to keep silence upon pain of Imprisonment.  
Then his Grace spoke 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 Council said against him, but is to have his Judgement 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 Murder 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 Lordship's Judgements 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 Murder whereof he stands Indicted, or not guilty?  L. Butler 
Not guilty of Murder, 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; forty find him guilty of Manslaughter Call for the Prisoner to the Bar.  Cl. of Cr. 
Sergeant 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 Axe still from him, and his Grace spoke to him as followeth.  L. H. St. 
My Lord of Pembroke, You have been Indicted for the Murder of Nathaniel Cony, and upon your Arraignment you have pleaded Not guilty, and have put yourself upon the Judgement of your Peers; and your Peers have considered what hath been said for you, and against you, and the Judgement of my Lord is this, That you are guilty of Manslaughter for killing of Nathaniel Cony: What can you say for yourself, why Judgement should not pass upon you to die according to the Law?  E. of P. 
I claim the Privilege 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. 
Sergeant 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 God's 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.