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A63180 The tryal of Laurence Braddon and Hugh Speke, gent., upon an information of high-misdemeanor, subornation, and spreading false reports endeavouring thereby to raise a belief in His Majesties subjects that the late Earl of Essex did not murther himself in the Tower ... / before Sir George Jeffreys. Braddon, Laurence, d. 1724.; Speke, Hugh, 1656-1724?; England and Wales. Court of King's Bench. 1684 (1684) Wing T2196; ESTC R24641 100,437 81

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his Clyent according to my instructions L. C. J. Yes you are so and shall know that you are under the Correction of the Court too Mr. Wallop My Lord I know where I am L. C. J. Ay you know well enough but you would do well to carry your self as you should do Mr. Wallop With humble submission my Lord I appeal to all that hear me L. C. J. Appeal to whom you will I know the business of the Barr is to appeal to the Court. Mr. J. Withins What is the matter with Mr. Wallop that makes him so earnest in this Cause L. C. J. There is such an heat in this Cause I wonder whence it should come I am sure 't is not from the honesty of it Mr. Braddon Young Mrs. Edwards if I suffer any thing by reason of the falsity of your Testimony it will return upon you Sarah Edwards Sir I do tell you all I know Mr. Braddon Then I desire you to answer me this Question whether or no when the Boy did own what he first said and I asked him the reason of his denyal whether the falsity of the thing or fear caused him to deny it did not he say it was fear through your discouragements and threatnings Sarah Edwards No he did not say it did he Mother L. C. J. Why we are got into a way of appealing and appealing here is appealing to the people and appealing to the Witness pray keep to the business and within the bounds of decency Before such time as the Boy denyed it did you desire him to speak truth Sarah Edwards Yes I did Mr. Thompson And when Mr. Braddon Examined him did he desire him to speak truth Sarah Edwards Yes he did L. C. J. But he knew before he Examined him that he had denyed it did not he Sarah Edwards Yes the Second time before he came into the House Mr. Braddon I desire the old Gentleman may be asked this Question Mr. Thompson Call Mr. Edwards again L. C. J. The Spirit of the Clyent was got into the Counsell I think just now and now 't is got into the Clyent again 'T is an hard matter to Lay it I perceive Mr. Wallop My Lord I am here of Counsell for Mr. Braddon and I only ask Questions as they are in my Breviate L. C. J. But Sir if you have any thing in your Breviate that reflect upon the Government you ought not to vent it nor shan't be permitted to vent it as long as I sit here Mr. Wallop My Lord with submission I hope I never did nor never shall let any such thing come from me L. C. J. Nay be as angry or as pleased as you will 't is all one to me you shall not have liberty to broach your Seditious Tenets here Mr. Braddon Mr. Edwards pray will you answer this Question Did not your Son when he was asked why he denyed it say that it was fear and discouragement through his Sisters Threats was the cause Pray speak the truth Mr. Edwards I cannot tell whether the Child did say so something of that nature he did say Mr. Thompson Call Anne Burt. L. C. J. We have got such strange kind of notions now a days that forsooth men think they may say any thing because they are Counsel I tell you Mr. Wallop your Questions did reflect upon the Government as though the King had a mind to turn a man out of his employment if he did not swear a falsity What can be a greater reflection than that But all the matter is what has been done must be avouched and justifyed though it be never so ill But we plainly see through all This was the design from the beginning the King and the Duke of York were in the Tower at that time and it must be thought and believed that they had designed this matter and so then all people must be ruined in case they would not say the Earl murdered himself tho indeed others had done it Mr. Wallop Mr. Edwards did not delight to have such a Report as might create trouble first come out of his House Mr. Braddon My Lord As to the making such an inference or any reflection as your Lordship mentions I am as far from it as any body here L. C. J. We must give a wonderful deal of countenance to such barbarous and horrid practises and I warrant you must suffer the Government to be reflected upon at the will and pleasure of every man No let us hear the Truth but not in the face of a Court permit men to asperse the Government as they please by asking such Questions Mr. Att. Gen. And the Witnesses say nothing to it neither L. C. J. No nothing at all like it but 't is aspersion for aspersion sake And we must sit still and hear it Mr. Wallop My Lord I think 't is for the honour of the Government to have all things fairly inquired into L. C. J. And 't is for the honour of all Courts of Justice not to suffer reflections upon the Government let them be by whom they will And in Gentlemen of the Bar 't is worse than others Mr. J. Withins Truly I do not see where there is any countenance for asking such a Question L. C. J. No but some people are so wonderful Zealous Mr. Wallop My Lord Zeal for the Truth is a good Zeal L. C. J. It is so but Zeal for faction and sedition I am sure is a bad Zeal I see nothing in all this cause but villany and baseness And I believe no man that has heard it but will readily acknowledge that it appears to be an untoward malicious ugly thing as bad as ever I heard since I was born on purpose to cast an indignity upon the King and Government and set us all in a flame Then Anne Burt appeared and was Sworn Mr. Braddon Mrs. Burt I desire to know what discourse you had with Mrs. Edwards and that Family Mr. Att. Gen. I beg your pardon for that Here Mrs. Edwards is her self to tell what she has said Mr. Braddon I desire to know what discourse she had with any of the Family Mrs. Burt. I went to make a visit to Mrs. Edwards and I had not been there half an hour but in comes this Gentleman now I had asked no Questions about the business but in he comes and desired to speak with Mr. Edwards Mr. Edwards was called and when he came in with Mr. Edwards the Gent. sat down in the Room and told Mr. Edwards he had heard a Report of something his Son had spoken but he desired to have it from his Sons own mouth and the Boy was called in this is a real Truth Sir for I do not know whether I may stir from this place where I am alive or no And when the Boy came in the Gentleman said to him if it be true that you have reported own it if not do not own it for said he 't is a dreadful thing to be found in