the same entertainment which King Charles the second ever gave to the Councils offered to him in favour of the Protestant Religion and of the true English Government however the honest zeal and undaunted Courage of these Noble Lords made deep impressions upon the Breasts of all true Lovers of the Laws and Liberty of their Country And the Citizens of London in Common-Hall assembled upon the 4th of February 1680. spoke their Approbation of their Loraship's Noble Enterprize in what follows which was agreed upon with a general and loud Acclamation of thousands of Citizens To the Worshipful Slingesby Bethel and Henry Cornish Esquires Sheriffs of London and Middlesex WE the Citizens of the said City in Common-Hall assembled having diligently perused the late Petition and Advice of several Noble Peers of this Realm to his Majesty whose Counsels We humbly conceive are in this unhappy juncture highly seasonable and greatly tending to the safety of these Kingdoms We do therefore make it our most hearty request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of the Noble Peers the grateful Acknowledgment of this Assembly By these means and indeed by the whole Course of this Noble Lord's Life which was a steady Course of Exemplary unshaken Vertue and shew'd an unalterable affection to the true Religion and detestation of Tyranny He became insupportable to those whose Study was Mischief and to whom no Person was acceptable but such as they found disposed to betray the Protestant Religion and the Rights of England to their Popish and Despotick Designs and therefore from this time they grew more assiduous to contrive his Destruction The Conspirators well knew that this Great Man had most deservedly acquired a mighty share in the hearts of the People And that as he knew very much of their Designs so that he was not by any arts or allurements to be Cozen'd or tempted to a Complyance therewith therefore as They told the brave Colonel Sidney he must dye that their Plot might live and to avoid the Reproach of bringing the Son to the Block by that very Prince for whom the Father had lost his Head and which is also very probable to prevent his discovery of what he could tell and others knew not They condemn him without a Tryal and in a most barbarous manner Murder him in the Tower But Heaven intending to bring this accursed Assassination of the brave Earl of Essex to light a report of very suspitious Circumstances in relation to that matter was instantly spread and reached the Ears of Mr Braddon a Gentleman of great Integrity and of no less Courage whose honest Zeal prompted him to look into that hellish Intrigue and to endeavour a full discovery of that horrid Villany but that Season not allowing it he and Mr Speke were run upon and with great fury prosecuted in the manner following They were brought to Tryal upon an Information charging them with Subornation and endeavouring to raise a belief that the Earl of Ess did not murder himself The Judges then in Court were The Lord Chief Justice Jeffryes Judge Withens and Judge Holloway The Jury Sr Hugh Middleton a Papist Thomas Harriot Thomas Earsby Joshua Galliard Richard Shoreditch Charles Good Samuel Rouse Hugh Squire Nehem. Arnold John Byfeild William Waite James Supple The King's Council were Attorney General Sawyer Solicitor General Finch Jenner Recorder of London Mr Dolben Mr North Mr Jones Council for the Defendants were Mr Wallop Mr Williams Mr Thompson Mr Freke Mr Dolben opened the Information to this effect That whereas the Earl of Essex upon the 10th of July last was committed to the Tower for Treason and did there Murder himself as was found by the Coroner's Inquisition yet the Defendants designing to bring the Government to hatred the 15th of August conspired to perswade the King's Subjects that the said Earl was Muedered by certain Persons unknown and to procure false Witnesses to prove that he was not felo de se but was Murdereds and that they did malitiously declare in writing that Mr Braddon was the Person that did prosecute the said Murder to the scandal of the Government c. Then the Attorney General brought in Evidence Sr Leoline Jenkins his Warrant for the Commitment of the Earl to the Tower and the Inquisition of Mr Farnham the Coroner taken by this Jury July 14th 1683. viz. Samuel Colwel William Fisher Thomas Godsell Thomas Hunt Natha Mountney Thomas Potter William How Robert Burgoyne Eleazar Wickens Thomas Hogsflesh Henry Cripps Richard Rudder William Knipes John Hudson John Kettlebeater Lancelot Coleson Morgan Cowarne Thomas Bryan William Thackston Richard Cliffe Zebediah Prichard William Baford and Theophilus Carter Which Jury had found that the Earl of Essex was Felo de se Then the Witnesses for the King being called Mr Evans was sworn and the Attorney General suggested that he and old Mr Edwards would prove that Mr Braddon went about and declared that the Earl of Essex was Murdered and that he was the Prosecutor of the Murder but neither of them answered expectation in that matter Mr Evans testified that Mr Edwards told it to him and others for News at the Custom-House that fore-noon of the day of the Earl of Essex his death that his Son said that he saw a Razour thrown out of the Earl's Window That upon the Munday after which was July the 16th Mr Braddon came with Mr Hatsel to his House where Mr Hatsel shewed him the Coroner's Inquisition in Print which having read Mr Evans told Mr Hatsel what he had heard from Mr Edwards at the Custom-House And he said that Mr B. did not concern himself or say any thing though he might hear Mr Evans his discourse with Mr Hatsel he being walking about the Room Mr Evans added that upon the 17th of July Mr Edwards and Mr Braddon found him in a Coffee-House and Mr Edwards then told him that Mr Braddon had been with him examining his Son about a Razour that was thrown out of the Earl of Essex his Window Mr Edwards testified that about ten of the Clock the day of the Earl's death he was informed by his Family and by his Son that same day at noon that his Son came from the Tower about ten of the Clock and said that he had seen the King and Duke and that the Earl of Essex had cut his own Throat and that the Boy saw an hand throw a Razour out of the Window and a Maid in a white Hood came out of the House and took it up and then go in again and that he heard a noise as of Murder cryed out Mr Edwards acknowledged that he told several at the Custom-House the same day what the Lad had declared and that Mr Bradden came not to make enquiry about it till Tuesday the 17th of July before which time he never knew Mr Braddon that he then told him what report the
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
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