delivered it on Thursday morning at eight of the Clock being the day before his death and this as to the Thursday he swears positively and circumstantially positively for he doth expresly name Thursday as the day on which the Razour was delivered and circumstantially for he doth swear the Razour was delivered the very next morning after my Lord came to Captain Hawley's and his Lordship went to Hawley's on Wednesday the 11th of July But Russell swears a point blank contradiction to Bomeney's Oath for Russell deposeth and now declares that on Friday morning in less then half an hour before they found my Lord dead in his Closet he stood as Warder at my Lord's Chamber-Door Monday that morning having first stood as Warder on my Lord and was then gone down to stand below Stairs and heard my Lord ask Bomeney for a Pen-Knife to pare his Nails which being not ready his Lordship required a Razour which he did immediately see Bomeney deliver his Lordship But Monday doth as directly give the Lye to Russell as Russell did to Bomeney for Monday the day my Lord died declared he saw my Lord have a Razour in his Hand paring his Nails with it at seven a Clock that morning my Lord died and this about two hours before Russell came up to stand as Warder at my Lord's Chamber-door Wherefore unless it can be reconciled how this Razour should be delivered a Thursday Morning at eight of the Clock according to Bomeneys Oath and yet not delivered till Friday Morning at nine of the Clock within half an hour of the time his Lordship was found dead and delivered whilst Russell stood Warder at the Chamber-door as Russell deposeth And notwithstanding this my Lord to have had the Razour and pared his Nails with it two hours before Russell came up Stairs to stand Warder at my Lord's Chamber as Monday declared the very day my Lord died I say unless these Contradictions can be reconciled it can't be thought that any Razour at all was delivered And then whereas all declared my Lord pared his Nails with the Razour by strict observation it appeared my Lord's Nails were not newly before his Death either pared or scraped 2dly That the Closet-door was not locked upon my Lord's body appears by the contradictions of these three as to the opening the Close-door Bomeney first swore he did open the Door when my Lord would not answer upon his knocking at the Door and there saw my Lord lying dead in his Blood and the Razour by him and he then called the Warders but immediately swears in contradiction to his first Oath that he peeped through a chink of the Door and saw Blood and part of the Razour and then without opening the Door ran and called Russell who thereupon first opened the Door and at Mr Braddon's Tryal swears he knew not who opened the Door Russell deposeth he did first open the Door and makes no difficulty in it Then comes Monday and gives the Lye to both For Monday the very day my Lord died declared what he hath since often confirmed that neither Bomeney nor Russell could stir the Door my Lord's Body lay so close and hard against it and he being stronger then either put his Shoulders against the Door and pressing with all his might broke it open Whosoever there is that can reconcile these Contradictions in these three mens Relations and make all appear credible Erit mihi magnus Appollo A further Argument that the Closet-Door was not locked upon the Body appears by my Lord's Legs lying upon the Threeshold of the Closet-door when the Body was pretended not to have been stirred from its first posture 3dly That there was no Razour lying locked in with the Body when the Body was first found appears by the bloody Razour's being thrown out of my Lord's Chamber-Window which is about seventeen Foot distant from the Closet-Door where the Body lay and no noise of my Lords death till after the Maid carried up the Razour which Maid thereupon first discovered my Lord's death And as yet other Argument of the Perjury of these perfidious Villains add the Mathematical impossibility of the Wound seeing not above two Inches of the Razour must be without my Lord's hand had he done it himself and yet the Wound above three Inches deep Moreover by many eminent Doctors and Chyrurgions the Wound is thought to be naturally impossible to have been done by my Lord himself because upon cutting the first Jugular Artery such an effusion of Blood and Spirit would have immediately thereupon followed that Nature would not have been strong enough for to cut through the other Jugular Artery to the Neck-Bone on the other side muchless to make so many and so large Notches in the Razour against the Neck-Bone as an old foolish or K Chyrurgion suggested to the Coroner's Jury VVherefore by what is before observed as to the many Contradictions it plainly appears that these three as it is said in the History of Susanna vers 6. are convicted of false Relations by their own mouths and those other Arguments before observed are further Detections of these three mens Perjuries It then remains as at first viz. That here is a Body found dead by violent Hands and the manner of the Death not discovered for it can't be according to these three mens Relations for the Reasons before observed The conclusion that the Law makes in such cases in this therefore holds good viz. that this honourable Lord was Murthered by the violent and cruel Hands of barbarous and bloody minded men Secondly For the proof of the Murder in this I shall first consider what is most material which passed before my Lords death Secondly The Day of his Death And then Thirdly and Lastly after the Day of his Death In the First Before my Lords death I shall consider 1st The previous Resolutions by Papists to cut my Lords Throat And then 2dly The many previous Reports before my Lords death That his Lordship had cut his own Throat in the Tower For the first of these D. S. declares that about nine days before the Death of the late Earl of Essex she heard several Papists consulting together concerning the said Earl And this Informant heard them say the Earl of Essex was to be taken off and that they had been with his Highness and his Highness was first for poysoning the Earl but that manner of Death being objected against it was then said one did propose to his Highness Stabbing the Earl but this way his Highness did not like at length his Highness concluded and ordered his Throat to be cut and his Highness had promised to be there when it was done Some few days after some of the aforesaid Persons declared it was resolved the Earl's Throat should be cut but they would give it out that he had done it himself and if any should deny it they would take them and punish them for it Secondly For the previous Reports before my Lords
towards them because they laboured under many Difficulties as the Tide then ran He therefore desired Sr Robert to call Mr B. by the Name of Johnson That they did hope to bring the Earl's Murder upon the Stage before they could any of those in the Tower to a Tryal That Sr H. Capel had told Mr B. that it was a thing too great for him That Mr B. had been at great trouble and charge about it and that as times went he knew few would have undertaken it besides himself Mr Lewis of Marlborough being called by Mr Braddon witnessed That upon the day of the Earl's Death riding within three or four Miles of Andover fifty two Miles from London between three and five in the Afternoon a man told him for news that he heard the Earl of Essex had cut his Throat and that at his going home to Marlborough the next day he told his Neighbours what he had heard the day before and that they thereupon said It was done but yesterday how could you hear it so soon Mr Feilder of Andover witnessed That upon the Wednesday and Thursday of the Week in which the Earl of Essex dyed it was the common talk of the Town of Andover †Note in like manner it was proved in the Tayal of the Lord Stafford that it was reported at a great distance that Sr Edmundbury Godfrey had murdered himself before it was known at London what was become of him that he had cut his Throat that the Women talked of it as they came in out of the Town and that on the Saturday night in that Week the certain news of it came Mrs Edwards the Boys Mother testified that the Boy came from the Tower and told her that he had seen the King c. and that the Earl of Essex had cut his Throat and then wept and further said That he saw a Razour thrown out at the Window and was going to take it up but a short fat Woman came and took it and went in again that he told her all this weeping and crying and never denyed it till after Mr Braddon had been there and then denyed it upon this occasion when Mr B. came his enquiry put them all into a great damp and after he was gone the Boy being then at School her Husband said to her Daughter Sarah Don't you say any thing to your Brother and when he comes in we will talk to him that her Daughter was grievously affrighted thereat and so amazed that so soon as the Boy came in She told him that there had been a Gentleman to enquire about what he had said and that he thereupon said to her Why Sister will any thing of harm come and upon her answering him That She did not know but it might be her Father and the Family might be ruined he then denyed what he had said but at the same time he came to his Mother and cryed he should be hanged this was also acknowledged by the Daughter Sarah Edwards the Boy 's Sister testified what the Boy had declared of seeing the Razour c. And that She told him upon Tuesday the 17th of July that a Gentleman had been there to enquire about it and that the Boy did thereupon ask her whether any harm would come of it and that upon her answering him that She could not tell he did deny what he had declared That Mr B. came again soon after upon the same day and found them all daunted upon their hearing the Boy deny it and Mr Brad. ask'd him about it bad him speak the Truth telling him * Indeed Jovian Hicks many others of our passively Obedient and Non-Resisting Gentlemen of the Cassock have handled many Texts of Scripture at a very unwarrantable rate to decoy Mankind to the foolish Exchange of their glorious title to Freedom for that of Slavery But we have here the first instance of a Man's preaching up the lawfulness of Perjury from the dreadful Judgment of Heaven upon Ananias Sapphira It was a dreadful thing to be a Lyar and bad him read the 5th of the Acts where he would find that two were struck dead for telling a Lye She further testified that Mr Braddon came the next day the Wednesday about noon and that then her Brother probably having read the 5th of Acts did again own that what he had declared ahout the Razour c. was true that Mr Braddon wrote down what he acknowledged and she further confessed that she told the Boy that his Father would be in danger of loseing his Place The matter pinching at this time the Chief Justice to perplex the Cause and divert from the Evidence fell to hectoring Mr Wallop Counsel for the Defendants a Person of great Integrity and Master of more Law than all the Judges then upon the Bench telling him in a most scurrilous manner that he was zealous for Faction and Sedition as every Man was deemed to be at that Conuncture who was so hardy as to stand up in any honest Cause in that Court and impetuous in the worst of Causes and that his Lordship could see nothing in all this Cause but villany and baseness which in truth to an high degree was most evident in the carriage of the Court and Prosecutors of this Cause and that Mr Wallop should not have liberty to broach his Seditious Tenets there Such the asserting the native Rights of English-men were in that day esteemed by the Bene placito Judges of that Court Mrs Burt then produced by Mr Braddon testified That She was present when Mr Braddon came to speak with the Boy and that he said to him if it be true that you have spoken own it for 't is a dreadful thing to be found in a Lye and that Mr Braddon advised him to read the 5th of Acts and that the Boy then said Sir it is true and what I said I will speak before any Justice of Peace in the World and he then told Mr Braddon the whole Story Jane Lodeman a Girl 13. years old called by Mr Braddon declared that she did not know young Edwards and testified that she saw an hand throw a bloody Razour out of the Earl of Essex's Window and presently after heard two Shriekes or two Groans and saw a Woman come out in a White-Hood but did not see her take up the Razour and she added that she presently told all this to her Aunt Here Mr Solicitor was pleased to sport himself with the Girl by way of Dialogue thus Solicitor Was the Razour bloody Girl Yes Solicitor Very bloody Girl Yes Solicitor Are you sure 't was a Razour or a Knife Girl I am sure 't was a Razour Solicitor Was it open or shut Girl It was open Solicitor What colour was the handle Girl Sir I cannot tell I see it but as it flew out Solitior Was it all over bloody Girl No. Solicitor All but a little speck Girl It was very bloody Then Jeffryes finding the
Girl to be more than a Match for her first Assailant falls in to his aid and first bellows out a terrifying Exclamation Blessed God! What an Age do We live in That the King 's Learned Council with all their Cunning cannot confound these innocent honest Infant Witnesses and then taking up the same Dialoguing Cudgel falls roundly upon the Girl thus Chief Justice Girl you say you did not know that 't was the Earl of Essex's Window Girl No but as they told me Chief Justice Nor you did not see any body take up the Razour Girl No. Chief Justice But are you sure you did not Girl I am sure I did not Chief Justice But Child recollect thy self sure thou didst see some body take it up Girl No I did not The Goliah thus miscarrying Mr Braddon proceeded in his Evidence and called the Girl 's Aunt Mrs Smyth who witnessed that the Girl coming from the Tower upon the 13th of July told her that she saw a Razour thrown out of a Window and that Mr Braddon hearing of it came as a Stranger to enquire about it and ever encouraged the Girl to speak the truth and bad her speak nothing but what was truth and that he never offered her or the Girl any thing Mr William Glasbrooke testified That upon the 13th of July he heard the Girl very loud with her Aunt saying the Earl of Essex has cut his Throat in the Tower and that her Aunt chiding her she said she was sure it was true for she saw a bloody Razour thrown out of the Window and that he the said Witness was present when Mr Braddon first discoursed the Girl having never seen him before and he heard her tell Mr Braddon that the Earl of Essex cut his Throat and that she saw a bloody Razour thrown out of the Window and that she heard two Groans or two Shriekes Then Mr Smyth being called by Mr Braddon testified that he went with Mr Braddon to the Girl and heard her tell him that she saw an hand toss a Razour out at the Earl of Essex's Lodgings and that she heard two Shriekes and saw a Woman come out with White head-Cloathes but did not see any one take up the Razour Mrs Meux was then produced by Mr Braddon to testifie that she went from London to Berk-shire the day before the Lord Russell's Tryal and that a Gentlewoman in the Coach with her then told her that one of the Lords in the Tower had cut his Throat At this the quondam City Mouth storm'd and huff'd at his wonted rate refusing to hear the Evidence and demanding why they brought not the Woman which told this to Mrs Meux and was answered that she was so big with Child that she could not come Mr Burgesse of Marlborough then testified that he being at Froome in Dorset-shire upon the day of the Earl of Essex's death he heard there a Report that his Lordship had murdered himself Then the King's Council produced the Coroner's well instructed Witnesses to prove that this Noble Peer was Felo de se who were Bomency his Lordship's Servant now in France and a professed Papist Hawley and Russell the Warder and Lloyd the Centinel Now because the Depositions of these Fellows will appear in their most true and best light in the Abstract of some of the proofs made about this most barbarous Assassination which with the leave of the candid and ingennons Abstracter thereof I purpose to subjoyn I shall not here enlarge upon them The Evidence on both sides being given in the last place comes Jeffryes to descant and remark upon it which he did in an harangue which makes six leafs in Folio half as many as the Acts of all the Parliaments in the Reign of Charles the Martyr do fill in our Statute Book He tells the Jury That there is scarce in nature a greater crime than this before them It carries all the Venome and Baseness the greatest Inveteracy against the Government that ever any Case did That the Earl of Essex rather than he would abide his Tryal he being conscious the great Guilt he had contracted made him destroy himself immediately after my Lord Russell one of the Conspirators was carried to Tryal and it cannot be thought but it was to prevent the methods of Justice in his own Case there was digitus dei in it and 't is enough to sati fie all the World of the Conspiracy 'T is beyond all peradventure true that my Lord of Essex did minder himself Then the Jury by their Verdict brought in Mr Braddon Guilty of the whole matter charged upon him in the Information and Mr Speke Guilty of all but conspiring to procure false Witnesses The Court adjudged Mr Braddon to pay 2000 l. Fine to find Sureties for good behaviour for Life and to be committed till performed Mr Speke to pay 1000 l. Fine to find Sureties for good behaviour for Life and to be committed till performed An Abstract of some material Proofs which have been made in Relation to the Death of the Earl of Essex First for disproof of the Earl's Self-Murder THE Right Honourable Arthur late Earl of Essex was Committed to the Tower upon Tuesday the 10th of July 1683 and there were two Warders placed over him viz Monday and Russell and one Servant viz. Paul Bomeney was permitted to attend upon him The very next Friday Morning about nine of the Clock his Lordship was found dead in his Closet with his Throat cut through both Jugular Arteries to the Neck-bone Now seeing our Law presumes every Man destroyed by violent Hands is murdered by others unless such Evidence appears as gives satisfaction in the contrary and proves him a Self-Murder This Lord had been found to be barbarously murdered had not Bomeney Monday and Russell appeared to prove the contrary and they endeavoured to prove it thus My Lord of Essex they say called for a Pen-Knife to pare his Nails which Pen-knife not being ready he required a Razour which was accordingly delivered him with which his Lordship having pared his Nails he retired into his Closet and looks himself in and there he cut his Throat and the Razour before delivered to pare his Nails lying by the Body But that this Relation is forged and that there was First No Razour delivered to my Lord to pare his Nails nor had his Lordship pared his Nails with any Secondly Neither the Body locked into the Closet Nor Thirdly The Razour lying locked in by the Body when my Lord was first known to be dead is evident from what follows which clearly detects this Forgery For the first of these that there was no Razour delivered to my Lord. This appears by the Contradictions of Bomeney Russel and Monday as to the time of the delivering this Razour for Bomeney first swears he delivered this Razour to my Lord to pare his Nails on Friday Morning at eight of the Clock within two hours positively swears in the deposition himself writ that he