Death these were such as prevented the Jury from making those Observations you say were natural for them to observe for the Body was stripp'd and washed and the Clothes carried away and likewise the Chamber and the Closet washed before ever the Jury saw the Body and when the Jury the next day saw the Body my Lord lay stripp'd and washed in the Chamber and covered with a Sheet L. This was very irregular and contrary to all Practices when a Body is found dead especially under the suspicion of self-Murder I say under a bare suspicion for seeing none could be examin'd in the matter to give any Account how my Lord became dead but those immediately attending on my Lord and such being strongly to be suspected as privy to the Murder if my Lord were by others treacherously taken off the Body and all things with relation to it should have remained under the Circumstances first found in and the Persons thus attending on my Lord secured apart in order to their Examination so that they might not instruct each other and agree in a feigned Story to avoid the Discovery of their most perfidious Villany T. This had been indeed natural and according to King Charles the Second's express Order but contrary to both the matter was managed according as you have heard declared The next day after my Lord's Death the Jury met and viewed the Body at Major Hawley's House under the Circumstances before related and then the Jury were adjourned to a Victualling House in the Tower to consider of their Inquisition When the Jury had the Matter thus under Examination Mr. Fisher one of the Jury demanded a sight of the Cloathes upon which the Coroner was called into the next Room and returning in some heat said It was the Body and not the Cloaths they were to sit upon the Body was there and that was sufficient L. Who was it that called the Coroner into the next Room and to whom did he there go for it 's probable this was what these Gentlemen who ever they were then in the next Room would not have inquired into so strictly I desire to know their Names T. The Coroner protests he hath forgot who called him or to whom he there went. L. Forgot I must confess I have heard of the Art of Memory but never of the Art of Forgetfulness as none are so deaf as those that will not hear so none so forgetful as those that will not remember T. You are very sharp upon the Coroner of whom I have a more charitable opinion L. Your Charity ought not to blind your Judgment Can you believe this Gentleman forgets what he hath had all the reason imaginable to remember for seeing my Lord's Death was so soon after his Death questioned this must naturally put the Coroner upon reflecting on what passed which might argue either for or against the Murder I am sure these Reflections would have naturally brought to and imprinted in his Mind this particular Passage but peradventure should the Coroner true Answer make to this Point and confess that such Gentlemen in the next Room advised him to check the Jury for their too great Inquisitives this would have look'd like making himself an Accessory in Fore Conscientiae at least after the Fact and therefore self-preservation makes him forget what otherwise he might well remember T. I must confess you have some Reason on your side but seeing the Coroner is fair in his Answers to other Questions and hath by his ingenuity in discovering what we could not have otherwise known been assisting to a Detection I do from such his fairness and readiness argue for his Innocence L. He is fair I find in his Answers to such Questions as touch not himself but when Self lies at stake he prevaricates G. It 's very probable he may at present forget what hereafter may come into his Mind and I dare say he will be ingenuous in what he knows when his Memory serves for I have heard a very fair Character of the Gentleman L. When his Memory doth serve as you call it I shall believe his Forgetfulness to be real but till then pardon me if I think otherwise G. In the mean time forbear your Censures L. From what Circumstances of the Cloaths could the Jury have had any sight into the Matter T. Had the Body lain in its first posture the Jury would have seen the print of a bloody Foot on my Lord's Stocking coming out of the Closet which would have argued that some had before been with the Body in the Closet though the contrary was then pretended by those three attending on my Lord. Secondly They would have found my Lord's Cravat cut in three pieces as the two Women that strip'd my Lord have often declared proved as followeth viz. Philip Johnson and Miriam Tovy have both deposed That Mary Johnson Wife of the said Philip Johnson hath often declared That she help'd strip the Body of the late Earl of Essex by the command of Major Hawley at whose House my Lord died and that the Neck of my Lord 's Cravat was cut in three pieces T. W. Gentleman saith That Alice Carter the very Night she was first seized as suspected privy to the Murder of the late Earl of Essex did declare That she help'd strip the Body of my Lord of Essex by the command of her Master Major Hawley and that my Lord 's Cravat was cut in three pieces G. It 's very much my Lord had not put off the Cravat or cut above it had he done it himself T. Those that attended on my Lord say my Lord had put off his Periwig and laid it upon the Shelf of the Closet that the Hairs of the Periwig might not hinder the Action L. Sure the Neck of the Cravat was a far greater Impediment and such as would have effectually hindred my Lord from doing it with a Razor the pretended Instrument of his Death This alone is a strong Argument that my Lord did not cut his own Throat as is sworn by those Treacherous Villains that attended on my Lord neither do I believe it was done at all by any Razor but with a more convenient Instrument for that purpose G. Did you ever hear with what Instrument it was done T. Yes and who besides any before named is said to be one of the Actors in this cursed Tragedy pray read this Information G. The Information of R. D. of the Parish of St. Mary-Somerset London Schoolmaster taken before me James Cardraw Esq Justice of the Peace for the County of Middlesex THis Informant saith That a little after the late Duke of Monmouth was routed in the West one Mr. J. E. to the best of this Informants remembrance told this Informant that it was almost Universally whispered amongst the acquaintance of Mr. John Holland formerly Servant to the Earl of Sunderland that the said Mr. Holland had confessed to one Mr. D. of his intimate acquaintance and afterward concerned
Higher than the highest regardeth Etc. 5 8 He that 〈◊〉 the Eyes shall he not 〈…〉 〈…〉 me from the ground 〈…〉 vagabond shalt thou be 〈…〉 〈…〉 shall he not heare 〈◊〉 Throw him down Murder Murder Murder Put him to the Closâ—â—t Stop his mouth B. the Bed R where the razor was pretended to be found clerv the Closset window st the Close Stole E. the bloody foot an my Lords Stockin c. the only Chink of the Closset door ch the Chimney civ the Chamber window out of which the razor was thrown CD the Chamber door E the Earl of Essex as he was first found by those yt. saw the body before it was pretended to be moued C D Innocency and Truth Vindicated AN ACCOUNT Of what hath been or is ready to be deposed to prove the Most Treacherous and Cruel Murder Of the Right Honourable ARTHUR late Earl of ESSEX With Reflections upon the Evidence and the most material Objections against this Murder discuss'd and answered In a Conference between three Gentlemen concerning the present Inquiry into the Death of that Noble Lord and true Patriot Whoso sheddeth Man's Blood by Man shall his Blood be shed Gen. 9.6 For Blood it defileth the Land and the Land cannot be cleansed of the Blood that is shed therein but by the Blood of him that shed it Numb 35.33 Magna est Veritas praevalebat Printed in the Year MDCLXXXIX To the Right Honourable the LORDS of the late COMMITTEE appointed to examine into the Death of that Noble LORD and True PATRIOT ARTHUR late EARL of ESSEX My LORDS COuld I have manag'd the Evidence in Proof of the Murder of this Honourable Lord with that strength and efficacy they are capable of nothing would more plainly have appeared to the impartial Reader than this to me great Truth viz. That the Right Honourable Arthur late Earl of Essex was most Treacherously and Barbarously Murdered But such as it is I do with all Humility cast it at your Lordships Feet to whose great Judgments I shall with intire resignation submit My Lords Having long known and been lately much conversant with Mr. Braddon I have had often Opportunities of discoursing almost every Witness in this Case examined and such as I my self have not spoke with I have from him been informed what such have declared And though the Account I have here given of what these have related which have been examined before your Lordships be more large and particular than their Depositions because I have had repeated Opportunities of hearing their Relations yet if themselves say true nothing in these Papers is contradictory to or inconsistent with what they have deposed before your Lordships My Lords In the Account at large I have first stated the Case as to the pretended Self-Murder as it was and is endeavoured to be proved by those immediately attending on my Lord and then I have divided the Proofs for this Murder into three General Heads as they have relation to Time Whether First Before the Day of my Lord's Death Secondly The Day of his Death Thirdly Subsequent to the Day of his Death And after every Proof I have raised all such Objections I could in Conversation ever meet with or my self could object which carried the least colour of Argument against such Evidence and the Solutions with all humility are submitted to your Lordships Censures In the Abstract I have observed this Order First I have stated the Case as represented and sworn by those that would prove the Self-Murder and then detected the Falsity of every Part of those Relations After which I have briefly considered the other Proofs in the same Order of Time as the Discourse at large My Lords Several things here mentioned have not as yet been before your Lordships some of these Relations having not been known to Mr. Braddon before your Lordships Committee was dissolved But these after-Testimonies and some other things not here taken notice of will be brought before your Lordships as soon as your Lordships shall think fit to move that those Depositions and Examinations now sealed up may be taken out of the House by your Lordships and to those added such other Testimonies as have been taken before several Justices since the Report made or are ready to be taken and then that as well such as are now sealed up as those others which have been or shall be deposed may be reported by your Lordships in such Method as to your Lordships great Wisdom shall seem most meet After which I doubt not but all your Lordships and the whole World will be convinced of that Truth which the Interest of so many have industriously endeavoured to stifle But there is no Power of Earth and Hell when conjoined can make that Thing never to have been which was And therefore if my Lord was treacherously and barbarously murdered no Interest or Strength what-ever can make him a Self-murderer Truth may be destroyed in its Credit but never in its Being and the Measures that have been taken to discredit the Proof of this Murder have been sufficiently detected as false which hath not a little increased the Credibility of that which those Counter-Evidences would have rendered incredible and false My Lords No two Truths in Nature are inconsistent for then a Thing would be and not be at the same time wherefore when Men would subvert the belief of a Truth they do raise some Falshood which stands in opposition to such Truth but if once this Falshood appears in its true Colour then doth it give stronger credit to that Truth which before it was designed to prejudice My Lords every Man's Defence virtually concludes If my Defence be false my Charge is true This Conclusion the Law makes in all Civil Actions and it 's according to the Reason of the Thing For all Men presume that every Man accused will make use of the best Arguments especially in Matters of Fact he can for his Defence and if those appear false he falls under a Self-Condemnation My Lords tho this Discourse is printed it 's not published nor above 200 printed as is ready to be proved neither will one of these be communicated to any if your Lordships shall so order it for all are kept till Mr. Braddon receives your Lordships Commands as to their disposal My Lords I could wish I had not been so large in this Discourse seeing your Lordships whole time is so ingrossed by the Publick that I fear the State can scarce allow your Lordships any hours of perusal My Lords tho I can't but humbly beseech your Lordships Pardon for this Presumption yet I could not without being guilty of the greatest Injustice any otherwise dedicate this Discourse seeing what hath been already discovered is chiefly owing to your Lordships unwearied Diligence in those many Committees in which your Lordships have so often sat in search of a Truth which the Impenitency of some and the industrious Interest of others have strongly opposed But maugre
C immediately should go to the Old-Baily where the Right Honourable the Lord Russel was then upon his Trial and give the Attorny General notice of my Lord's Death But Sir C by the same Gentleman desired his Majesty to permit him to finish the Examinations he was then upon before he went but the same Gentleman came the second time and declared his Majesty had expresly ordered Sir C to go forthwith and leave the Examinations to such others as were there which Sir C accordingly did Sir C further saith That he remembers not who this Gentleman was which thus twice came with Orders from his Majesty L. Forgot who this Gentleman was this seems somewhat strange for within a Week after my Lord's Death Mr. Braddon appeared publick in the search after it and the very next Week after my Lord's Death he was before the Council-Board and this caused the Matter to be publickly discoursed all the Circumstances attending the Action were used as Arguments of this Murder not the least whereof was the malicious and extravagant Application which the Court at the Old-Baily made against that Honourable Prisoner the Lord Russel then upon his Trial. Now Sir C having been that Messenger that was sent with the News of my Lord's Death immediately saw and could not but well observe with what industrious Malice and Injustice Sir George Jefferies and the then Attorny applyed that sad Accident to the taking off that brave but unfortunate Person whom they were then by their strained Constructions and Misapplications villanously haranguing out of his Life For this Reason Sir C must immediately reflect upon his being the Messenger of such sad Tidings and therein upon the Person that brought the Orders as from his Majesty for his suddain going to the Old-Baily which Reflection would have so imprinted this Person in his Memory that Sir C were he not well known would be thought to have had that happy Faculty of retaining or forgetting at pleasure T. I thought no Man could have forgot what he would and that the more a Man did endeavour to forget the more fixed would the thing to be forgotten have remained in his Mind But I now find my mistake and I will likewise learn this Art of Forgetfulness which in some Cases may be of use G. Gentlemen I know this Gentleman of whom you speak and am very sorry for his Forgetfulness which I am very well satisfied is real for I do think him a Man of Honour and consequently one that would not lie much less upon Oath declare his forgetfulness of what he remembred It 's very possible Sir C. upon reflection may call to mind that Gentleman who brought those Orders and then I dare say he will if after that called upon freely discover him seeing by his silence he would likewise by Perjury conceal what might be of no small use in this Detection L. By this Messenger we should soon know whether his Majesty's Name was not used without his Authority for which there is no small reason T. For my part I am well satisfied the Hand of treacherous Joab was in this Message and that the King's Name in this as in other Things was used by him who not long after is thought to have removed both Name and Thing from him that then possessed them But Bomeny Monday and Russel should have been immediatly separated upon the first Discovery and they should have been kept apart till the Jury sat and the Jury ought to have examined these Men apart and neither to have known what other had said seeing it was very natural to suppose if my Lord fell by treacherous and violent Hands these Men could not be strangers to it and therefore by their cross Examinations apart they might the more easily be detected of Falsity for seeing these Men were to give a false Relation of the Matter to hinder the discovery of the Truth their separate Examinations might the more easily have detected the Story it being very difficult for three Men upon separate and cross Examinations so to agree as to Time Place Person Manner c. of an Action as not to be detected Truth is still the same but Lies are almost infinite Did not the Jury observe this method T. No these Men were suffered to come together that morning they were examined and for ought I can hear each heard what other said Nay which is more after Bomeny had been upon Oath examined by the Coroner and given this Information following taken in the Coroner's own Hand The Information of Paul Bomeny c. Saith That the Earl of Essex on the 11th Instant did speak to this Informant to bring him a Penknife to pair his Nails but this Informant could not then get one the Earl of Essex called to him again on Friday the 13th Instant about eight of the Clock in the Forenoon did again speak to this Informant to bring him a Penknife to pair his Nails but this Deponent telling him that he had not one his Lord commanded him to bring him a Razor which he accordingly did and then his Lordship walked up and down the Room scraping his Nails with it and this Informant then left him and coming about half an hour afterwards up into the Bed-Chamber found his Closet-Door fast whereupon this Informant knocked at the Door and called My Lord my Lord but he not answering pushed the Door a little open where he did see his Lord lying all at length on the Ground in his Blood with the Razor near him on the Ground And further deposeth That he hath not any Papers of his Lord's nor doth know where any of his Papers or Writings are and also that on Thursday Night last was very merry at Supper and did not seem to be discontented the next Morning This Information is Verbatim as the Coroner took it from Bomeny's own Mouth The Coroner proceeding to ask further Questions Bomeny began to hesitate extreamly L. Truth to all Questions had been ready at hand but Lies were first to be forged before they could be given in Answer T. You are in the right But to proceed Upon this Hesitation Bomeny desired he might write his own Information G. I suppose the Coroner and Jury were not so indiscreet as to suffer this T. Indeed they did and I am very charitably inclined to believe favourably of both Coroner and Jury as to their Honesty tho they themselves can't justify their Indiscretion when they gave Bomeny this Liberty there being not a convenient place for to write his Information where the Jury were sitting he retired into another Room L. To his Instructors I suppose that were to be assisting to him in contriving or rather remembring him of that Story which they thought might most easily deceive Gross Folly of both Coroner and Jury T. Their Folly in this themselves condemn but any ill design in either I believe not When he had been about an hour wanting he brings into the Coroner and Jury this following
all Oponents the matter is as I do humbly conceive so far detected as Circumstantial Evidence is almost capable of and those that will not be convinced of the Truth of a Murder unless positively attested demand such Proof for their Conviction as no Law requires Now that the God of Wisdom Righteousness and Truth may direct and prosper your Lordships in this and all other Vndertakings is the Humble Prayer of My Lords Your Lordships most Humble and Obedient Servant P. V. The CONTENTS p. for Page c. for Colume THE Introduction Pag. 1. Col. 1. False Reports to prejudice the Discovery p. 2. Two Orders of the Lords p. 3. c. 1. How this Case first came before the Lords p. 3. c. 2. My Lord of Essex's Commitment to the Tower p. 4. c. 2. Bomeny 's Information before the Coroner printed p. 5. c. 2. Russel and the two Chirurgeons Informations before the Coroner p. 6. c. 1 2. The Substance of what was sworn before the Coroner to prove the Self-murder p. 6. c. 2. What Monday declareth p. 6. c. 2. What Major Hawley declareth p. 7. c. 1. Bomeny Monday Russel and Lloyd denied the letting in any Men to my Lord that morning my Lord died p. 7. c. 1. The Order into which the Evidence is divided p. 7. c. 2. Do. Smith 's Evidence to prove the Papists Resolution nine days before my Lord's Death to cut my Lord's Throat p. 8 9. An Objection against this Evidence p. 9. c. 2. An Answer to this Objection p. 9. c. 2. D. Smith 's Evidence no new made Story but long since revealed p. 10 11 12. Farther Objections against D. Smith 's Evidence and these Objections answered p. 12. c. 2. p. 13 to 22. Many Reports in several Parts of England before my Lord's Death that the Earl of Essex had cut his Throat in the Tower p. 22 23. All Reports agree in the Manner how and Place where p. 23. c. 2. An Objection against the Reports p. 24. c. 1 2. An Answer thereunto p. 24. c. 1 2. F Evidence proves that the Report before my Lord's Death sets forth not only the Manner how and the Place where my Lord died but likewise the pretended Reason wherefore my Lord cut his Throat p. 22 24. An Objection against F Evidence p. 24. c. 2. p. 25. c. 1. An Answer to this Objection p. 25. c. 1 2. How the Earl's Death became so generally reported in so many Places and particularly as to Manner Place and pretended Reason before he was dead p. 26. c. 1 2. A short Inference from these Reports p. 27. c. 1. What passed the day my Lord died p. 27. c. 1. The letting in the Ruffians to my Lord just before his Death p. 27. c. 2. p. 28 29. An Objection against this Evidence p. 30. c. 1. An Answer to this Objection p. 30. c. 2. M. B. proves a great bustling between three or four Men in my Lord's Room just before my Lord's Death and one in this bustle crying out very loud and very dolefully Murder Murder Murder p. 31. c. 1. This Evidence of B. not now made but revealed by B. just after my Lord's Death p. 31. c. 1 2. The Reason that M. B. refused to depose what she knew in this Case p. 31 c. 2. p. 32. B 's Testimony confirms Loyd 's Confession p. 33. c. 1. An Objection against B 's Evidence p. 33. c. 1. An Answer thereunto Eodem The Sentinel a Confederate p. 33. c. 1 2. The D. of Y. sends the Ruffians to murder my Lord p. 33. c. 2. p. 34. c. 1. An Objection against this p. 33. c. 2. An Answer to this Objection p. 33. c. 1 2. Further Evidence of the Duke's sending the Men to my Lord's Chamber to murder my Lord p. 35. c. 1. An Objection against such Evidence p. 35. c. 1. An Answer to this Objection p. 35. c. 1. Further Evidence of these Ruffians being sent by the Duke to the Earl's Lodgings p. 35. c. 2. A further Answer to an Objection against what R. and M. declared the day my Lord died p. 36. c. 1. Major Hawley suspected to let in the Ruffians into my Lord's Lodgings p. 36. c. 2. An Objection against this p. 36. c. 2. An Answer to this Objection p. 36. c. 2. p. 37. c. 1. Sir C. sent to the Old-Baily to give notice of my Lord's Death but forgets who brought Orders from his then Majesty for his going p. 37. c. 2. p. 38. c. 1 2. Bomeny and Russel suffered to hear each others Examination before the Coroner p. 38. c. 2. Bomeny 's first Information taken by the Coroner p. 38. c. 2. p. 39. c. 1. Bomeny suffered to go from the Jury into the next Room and there to write his second Information p. 39. c. 1. Bomeny 's Information which he so wrote p. 39. c. 2. p. 40. c. 1. Bomeny 's Information which was printed by Authority is different from that which he swore to p. 40. c. 1. The Reason Bomeny 's Information was printed contradictory to what he had deposed before the Coroner p. 40. c. 2. Monday declared the day before my Lord died and confirmed it afterwards that he saw my Lord of Essex with the Razor in his Hand as soon as the Gentleman-Goaler had opened my Lord's Chamber-Door and this above two hours before my Lord's Death and long before Russel stood Warder at my Lord's Chamber Door p. 41. c. 1 2. No Razor delivered to my Lord appears by the Contradictions between Bomeny Monday and Russel p. 42 43. c. 1. An Answer to those Contradictions p. 43. c. 1. This Answer insufficient Eodem Bomeny Monday and Russel swore or declared that my Lord pared his Nails with the Razor that morning my Lord died p. 43. c. 2. This appears false p. 43. c. 2. The Closet-Door not locked upon my Lord as Bomeny Monday and Russel have sworn or declared p. 43. c. 2. p. 44. c. 1. For what Reason Bomeny Monday and Russel have sworn and declared that my Lord's Closet Door was locked upon the Body p. 44. c. 2. p. 45. c. 1. Further Evidence against the Closet Door being locked p. 45. c. 1. No Razor lying by my Lord in the Closet when my Lord was first discovered p. 45. c. 1 2. W E proves a bloody Razor thrown out of my Lord's Chamber-Window before my Lord's Death was known p. 45. c. 2. An Objection against W E Testimony p. 45. c. 2. An Answer to this Objection p. 46 47. J. L. proves this bloody Razor being thrown out as before p. 48. c. 1. An Objection against J. L 's Evidence p. 48. c. 2. An Answer to this Objection Eodem Further Evidence of the bloody Razor 's being as before thrown out of my Lord's Chamber-Window p. 49 50 51. What might occasion the throwing out of the Razor before my Lord's Death was known p. 51. c. 1. Alice Carter supposed to take up this Razor and first to discover my Lord's Death Her Defence false
which she knew with relation to the Death of the late Earl of Essex was the cause of her trouble and it was not safe for her to reveal it or words to that effect whereupon the said R. M. advised her not to reveal it to any one till she might with safety The said R. M. farther saith that about February last the said R. M. finding it safe to ask and no danger to the said D. S. to reveal what she knew with relation to the said Earls Death he then desired her to inform him what she knew with relation thereunto Whereupon the said D. S. told him she had heard a Consult before my Lords Death to cut his Throat and that some great Person was named at that meeting as concerned in contriving the said Earls death or words to that effect upon which this Deponent without being very inquisitive into particulars spoke to one Mr. T. to acquaint Mr. Braddon whom the said R. M. knew not nor to his knowledge ever saw and sometime after the said Mr. T. told the said R. M. that he had spoken to the said Mr. Braddon about it and that the said Mr. Braddon did desire him the said R. M. to bring the said D. S. to the Cross-Keys in Watling-street where this Depondent and the said D. S. with one Friend of hers more met the said Mr. Braddon and Mr. T. and then the said D. S. gave the said Mr. Braddon a particular account of what she knew with relation to the Earls death And this Deponent doth verily believe that before that time the said D. S. never saw the said Mr. Braddon or Mr. T. W. T. Gent. deposeth that about January last discoursing with one R. M. concerning the death of the late Earl of Essex the said R. M. told this Deponent that he knew one D. S. which could say what was material with relation to the death of the late Earl of Essex whereupon this Deponent declared that he would inform Mr. Braddon of the same of which the said R. M. seemed very willing and desirous This Deponent did so accordingly but the said Mr. Braddon spoke to this effect viz. That he did believe the Papists did endeavour to put sham-Evidence upon him which they being able to detect would from thence argue against the truth of all that should be said And therefore the said Mr. Braddon declared that unless the said D. appeared to be of good reputation and that she had some years since discovered what she knew in this Case to some Friends so that it did appear that it was not a new contrived Story either to serve the present Interest or to baffle what else should be sworn he would not believe whatsoever she should say neither would he have her Sworn whatsoever she declared unless it appeared as above confirmed by those to whom she revealed it This Deponent told the said Mr. Braddon that he knew not the said D. S. neither to his remembrance had ever seen her But if the said Mr. Braddon would appoint some time and place he might discourse the said D. S. and hear what she could say which the said Mr. Braddon declared he would do if he knew where to speak with her upon which this Deponent went to the said R. M. and desired the said R. M. to bring the said D. S. to the Cross Keys in Watling Street such a day and hour for there the said Mr. Braddon and this Deponent should then be This Deponent further deposeth that the said R. M. D. S. and another met this Deponent and the said Mr. Braddon accordingly and this Deponent saith that he this Deponent the said R. M. and another Person were present when the said Mr. Braddon discoursed the said D. S. who then gave the said Mr. Braddon a particular account of two meetings of Papists several days before the Earl of Essex's Death wherein it was declared how the Earl of Essex's Throat was to be cut and by whom ordered and likewise of what passed the day the Earl dyed at the same house where they met before his Death This Deponent further deposeth that the said Mr. Braddon then spoke to the said D. S. to this effect That unless she could produce Persons of very good Reputation to whom she had some years before revealed it he would look upon it as a new contrived Story either to serve the interest of the Government or invented to baffle what else should be sworn for though it was of very dangerous consequence to reveal it yet he could not believe she had been so secret in it as not to reveal it to any and thereupon this Deponent heard the said D.S. declare she had revealed it to several which she named but she was by all cautioned to Secresy as she valued her safety The said D. S. did then further declare to the effect following viz. That for some time after my Lord's Death it did extreamly trouble her and she went to a Divine for his Advice in the matter for she was extreamly concern'd to think that the Papists should lay the Earls death to his own charge when she had as before heard how they themselves had resolved to cut his Throat but the said Divine told her as she then said she must be quiet and silent in the matter till such times should come wherein she might with safety reveal it This Deponent farther deposeth that he to his best remembrance never saw the said D. S. before this Meeting And this Deponent doth verily believe that the said Mr. Braddon never saw the said D. S. till as before at the Cross-Keys in Watling Street And this Deponent farther believeth that the said Mr. Braddon never did hear of the said D. S. or R. M. before this Deponent had as above deposed given him Information of them T. I have often heard Mr. Braddon declare that he never heard of the said D. S. before Mr. T. as before Informed him of her and this he would Depose if thereto called L. I think that matter is as plainly proved as the thing is capable of for no man can Swear possitively besides Mr. Braddon that Mr. Braddon never heard of or saw the said D. but through the Information of Mr. T. but by all circumstances as before deposed by Mr. M. and T. he never did G. Mr. M. deposeth that about February he did inform Mr. T. and Mr. T. deposeth it was about January here seems some variation T. None I think for when a man is to be examined to a Fact about six Months after the Fact done the certain time whereof he did not set down he may be well uncertain as to a week or much more Now neither of these Informants being positive as to the time but Mr. T. being more inclin'd to believe it to be in January and Mr. M. thinking it was the beginning of February each being to Swear as himself believeth as to the time thus came the seeming difference Besides when a
that every man will first plead the best and consequently the truest Plea he can in bar of the Action and if his first Plea proves false it s presumed he can give no true and just Cause to exclude the Plaintiff his Action for if he could he would first have pleaded it T. The same holds good upon Criminal Prosecutions for if a man shall be accused though but upon suspicion of having committed a Robbery within two miles of Salisbury such a day upon such a Coloured Gelding and to avoid this Charge the Prisoner pretends he was never within Thirty miles of Salisbury in his life and he likewise produces some not of the best Reputation who declare that for Ten days before that Robbery and as long after the Prisoner being very sick kept his Chamber and stirred not out of it if in Contradiction to this it be positively sworn by Persons of undoubted Credit who well knew the Prisoner that the very day of the Robbery committed within a very short time before the Robbery appears to have been committed they met the Prisoner nigh the place where c. the Piisoners Gelding and all other circumstances in his Cloaths c. agreeing with the description the Prosecutor gave I say if this be credibly proved in contradiction to the Prisoners Defence it cannot but satisfy any Judge and Jury that the Prisoner is really Guilty neither are they to answer at the last day for his Blood should he prove innocent but his Blood shall be required at his own hands seeing by his false Defence he became a Self-destroyer according to the common Judgement of all Mankind The like may be said in a thousand other Cases L. Innocence is naturally suspected as Guilt when the falsity of its Defence is detected for if a Person of a very ill Reputation charged a Man with a Crime if I knew the Disreputation of the Accuser the bare denyal of the Accused might more influence my Belief than the Oath of the Prosecutors but if once I found the Prisoner false in his Defence that Charge which before I disbelieved as false I should then immediately as firmly credit for Truth but I desire to know what can be said in answer to these Counter-evidences T. Dorothy Hewits Deposition declares That D. S. was turned away in April before my Lord's Death upon suspicion of stealing a Silver Spoon and upon her being so turned away she threatned Mr. Holmes with Revenge This Depouent further deposeth That she went with Mr. Holmes into the Country the 6th of July and tarried with him till about the 27th so that Mr. Holmes was not at home the 13th of July as Smith deposeth Elizabeth Christopher deposeth That she came to Mr. Holmes's Service in April 1683. and tarried there for Nine Months and no other Maid Servant was with Mr. Holmes all that time Mr. Swan deposeth That Mr. Holmes was with him from about the 9th of July 1683. till about the 23d or 24th of the same Month. Hewit and Christopher have sworn further back from my Lord's Death than the Case required for if they had deposed that D. S. went away the first or second of July 1683. it had been more difficult to have disproved them but having allowed almost three Months to prove them forsworn it hath been done with the greater ease whereas these two swear That D. S. went away in April before my Lord's Death by these two Depositions following it appears that she came not a Servant to Mr. Holmes till after May 1683. Pray read these Depositions G. S. D. of Little Brittain London Widow deposeth That in June and July 1683. she lodged next Door to Mr. Holmes's in Leopards Alley in Baldwin's Gardens and in June or July 1683. she knew D. S. to be then a Servant to the said Mr. Holmes and whilst the said D. was there a Servant she did several times borrow a Bible of this Deponent Note and eat green Pease with this Deponent Pease being then three pence or a Groat a Peck This Deponent further deposeth That the said D. S. whilst she was a Servant as aforesaid to the said Mr. Holmes came crying to this Deponent and told this Deponent that whilst she was out of her Masters House there was a Silver Spoon lost and her Mistress told her she should pay for it which the said D. S. crying did much complain of This Deponent further saith That she saw the said D. several times after this Spoon was said to be lost and whilst the said D. was Servant to the said Mr. Holmes But how long the said D. S. tarried Servant with the said Mr. Holmes after the Spoon was lost or when she left the said Mr. Holmes's Service this Deponent knoweth not But this Deponent saith That the said D. S. came not to the Service of the said Mr. Holmes till some time after the 27th of May in the Year aforesaid The Information of R. B. R. B. of Oldstreet Blacksmith deposeth That he knew D. S. in May or June 1683. and about Twelve Weeks next before to be Servant to one Mistress Ward in Oldstreet where this Deponent then lodged and the said D. did not go from the said Mistress Ward 's Service to be Servant to Mr. Note Holmes in Baldwins-Gardens till after Green Beans were fit to eat This Deponent further deposeth That about the end of June or beginning of July in the year aforesaid this Deponent went into Baldwins Gardens and sent to the said Mistress Holms's to speak with the said D. S. who did thereupon come and speak with this Deponent at one Mr. Billingers with whom the said D. had been before a Servant but when the said D. left the said Mistress Holmes's Service this Deponent knoweth not L. I perceive Hewit and Christopher have sworn D. S. to have gone away from Holmes's above a Month before she came there to Service but what farther Evidence have you of this matter T. I desire these Depositions may likewise be read The Information of A.D. A. D. of Oldstreet Spinster deposeth That some time after Midsummer in the year 1683. either the end of June or beginning of July of the same year this Deponent saw D. S. then a Servant in the House of Mr. Holmes in Leopards Alley in Baldwins Gardens but when the said D. went from the said Mr. Holmes's Service this Deponent knoweth not The Information of K. C. K. C. of Baldwinds Gardens maketh Oath That in or about the Month of July 1683. she met D. S. by Leopards Alley in Balwins Gardens with Green Pease and the said D. S. crying this Deponent asked the reason to which the said D. answered that her Mistress Mrs. Holmes of Leopards Alley in Baldwins Gardens with whom she said she then lived whilst she was at Market that Morning had lost a Silver Spoon and told her she should pay for it or Words to that effect This Deponent further maketh Oath That several Days after this
desire to see their Books in that Month of July to see whether any Goods were bought in Town by the said Mr. Holmes or Mrs. Hewit for proving Hewit in Town proves Holmes likewise in Town because it s sworn and can be prov'd they both went out of Town together or any Money paid between the 6th and 26th of July by either of these After a very long and tedious Inquiry all those Tradesmen being altogether Strangers to Mr. Braddon he providentially met with this Mr. W. who very readily shewed his Book wherein is entred as before 〈◊〉 This Book hath not been of any use to Mr. W. for almost five Years and it was a very great Providence this had not been torn out seeing the Book for some Years had been used as waste Paper and the very next Leaf to this torn out and lost L. Upon the smallest matters things of the greatest moment many times do depend who could have thought this entry so preserved would have been serviceable in so weighty and just a cause T. No one Providence is independent but the most considerable occurrences are often brought about by things of the least consideration Joseph's Dream preserved his Aged Father and all his Brethren and in them all that sprang from them from that pale Famine that otherwise might have devoured not these only but Egypt it self And Ahasuerus not being able either to Dream or Sleep not only saves the Jews from their Enemies but destroys their very Enemies themselves L. What can Holmes and Hewit say in Vindication of this notorious false Defence T. As soon as Mrs. Hewit understood such a Taylors entry was against her Oath she with Holmes's Wife went to this Taylor and desired to see his Book which being shewed Hewit first pretended that this Entry was forged and new but when Mr. W. declared he could safely and would depose that the Entry was real it was then pretended that the Gown was sent into the Country after Mrs. Hewit but when in answer to that Mr. W. declared he could depose that Mrs. Hewit was in Town when that Dust-Gown was made and delivered and that she then pretended she was about going into the Countrey but how many days after she did go he could not tell Mrs. Hewit told him if he did Swear that he would take off her Brothers life and Holmes's Blood would be upon his head L. This is a Villanous and False Suggestion to prevent the detection of Blood and evade the punishment for the vilest Murder I am sure of this if Mr. W. should upon Oath deny what he can with safety assert he would draw the guilt of Perjury on his Head. And not only so but this Perjury being in protection of a Murder to that Perjury he would add the guilt of my Lord's Blood seeing by that Perjury he doth endeavour to stifle the Discovery and prevent the Prosecution of the most Treacherous Barbarous and Cruel Murder in all circumstances consider'd our Nation ever knew If he that protects a Murderer being well assured that he is such in his House to avoid the common methods of Justice deserves in our Law to answer this Evasion which makes him accessary after the fact with nothing less than his Life How much more criminal before God is he that by Perjury endeavours to frustrate the Execution of Justice upon the the like offender the first doth an action in it self abstracted from the end hospitable nay it may be charitable and his intentions which argues his after assent to the Murder renders him a Criminal But the second commits one of the greatest Transgressions which in it self deserves almost Death with the same ill design as the first wherefore most certainly he is the greatest Criminal of the two by that addition of Perjury to the same offence And though our Law in this case punish not the second Offender with Death yet I am sure and I think all men will own that the second most deserves it That D. S. was a Servant at Holmes's the day of my Lord Russel's Tryal and my Lord of Essex's Death and that Mr. Holmes and Mrs. Dorothy Hewit were then in Town farther appears from the words of a Dying man who upon his Death-bed did several times declare he knew D. S. then there a Servant and Holmes and Hewit then in Town and both Holmes and Hewit that morning pretended they would go to my Lord Russel's Tryal This Person did often for several days before his Death declare this as what he could answer as a great truth before that God before whom he was shortly to appear and all this he did confirm with almost his very last breath This Person did farther declare that when D. S. was a Servant to the said Mr. Holmes and a little before she left Holmes's Service she told this Informant she was much troubled with somewhat which lay upon her mind upon which this Informant was desirous to know what it was but the said D. would not tell being unwilling and afraid upon which this Informant advised her to go to some Divine and disclose it L. If the positive Depositions of the Living and the last Breath of a Dying man then dropping into Eternity where this Relation had it been false would 〈◊〉 eternally tormented him may be credited Hewit and Christopher are most notoriously perjured and the Parson himself about being forsworn for about hath sav'd him from a flat Perjury and consequently Mr. Holmes's Defence thus Sworn to is false throughout T. Who then can otherwise conclude but that his charge is true L. It 's very probable that some or other that knew Mr. Holmes or Mrs. Hewit might see one or both of them at my Lord Russel's Tryal if they were there or might that night hear them confess their having been there for this was a very notorious thing and a sight which People of their Religion and Characters would rejoyce to see and delight much in the Repitition of G. It 's not unlikely but that others may remember they saw them that day and heard them give an account of both my Lord Russel's Tryal and the Earls Death for both these things are so remarkable as may fix the remembrance of Holmes's and Hewits being in Town in some of their acquaintance T. I think the Taylors Book before observed and the words of a Dying-man will be sufficient to convince all mankind Nevertheless I can't but say this that it 's the duty of every Person that can be positive in Hewits or Holmes's being in Town that day the Earl of Essex was murdered which was the same day my Lord Russel was try'd or their being in Town the day just before or next after for that Week proves Hewit Perjured who Swears she and Holmes went out of Town the Week next before and returned not till the 26th of the same month I say whosoever can be positive in this and reveals it not consents to the Death of my Lord and though
Men wink hard that they may not be convinced who will not reasonably conclude from those very Reports only were there no other sort of Evidence that this Brave and Honourable but unfortunate Earl was indeed barbarously Murdered for you may observe all those Reports in many Places of England Agree in the Manner how and the Place where for all said that the Earl had cut his Throat in the Tower One Report doth not say the Earl had destroyed himself which might have comprehended any manner of death neither do any of those Reports say That my Lord had Poisoned Stab'd Hanged or Pistolled himself all which are common ways of Self-destruction and either might have been practiced by any Gentleman under Confinement neither do either of those Reports differ in the Place where Note though all those Places where the Report was before my Lord's death that my Lord had cut his Throat in the Tower could not at the time of this Report be presumed to have been informed of my Lord 's being in the Tower I say all these Reports jump in one and the same manner of Self murder and all agree in the Place where viz. the Tower. This clearly proves that some days before my Lord's very Commitment to the Tower it was concluded not only that my Lord should be murdered in the General but likewise the Particular manner how and the Place where resolved upon For how could Froome being a Hundred Miles from London hear Wednesday Morning the 11th of July of my Lords being Prisoner in the Tower when his Lorship was not sent to the Tower till the day before being the 10th in the Afternoon Or how could this Commitment be well heard of at Andover about Sixty Miles from London on Wednesday Morning Tuesdays Post not being there till Wednesday in the Afternoon when the Commitment was not till the Tuesday in the Afternoon and yet at both these Places this very Wednesday Morning was it reported that the Earl had cut his Throat in the Tower. L. 'To me 't is beyond all doubt from what before appears that the Tower must be fixed upon as the place where this perfidious Cruelty was to be acted before my Lord was Prisoner in the Tower and the particular manner concluded in or otherwise the Reports as to the manner how and place where would have differed G. But how could it be supposed to be sent from hence the Saturday before my Lord's death that my Lord of Essex had cut his Throat in the Tower when it was well known throughout this Town that my Lord was not then in the Tower nor committed till the Tuesday following T. Upon the best Inquiry I could make and the most probable reason I can give how this came so reported in the Country before it was indeed done is this It was resolved upon as D. S. deposeth Nine days before my Lord's death that my Lord's Throat should be cut Now those that were privy to the whole Secret and were willing to oblige their Country Correspondents and Friends with this to that bloody Party grateful resolution That the Earl's Throat was to be cut in the Tower and laid to his own Charge and this to be done either soon after his first Commitment or upon my Lord Russell's Tryal which was put off some short time such as had received so weighty Intelligence were likewise willing and ready partly out of a desire to oblige their Friends in the Country to whom this Design might be as acceptable and partly out of an Itch of telling News and of being the first in the Country that gave Information of this to them glad-tidings not doubting but my Lord's Throat was indeed cut when it was first resolved upon to be cut viz. either upon his first Commitment which they might suppose would have been before it was all things being so resolv'd upon or upon my Lord Russell's Tryal which was to have been before it was but put off of which these Country Intelligencers might not hear These I say being informed that the matter was thus laid concluded the thing was done as it was so designed to be done and so reported the thing as done before it was indeed done G. I took more particular notice of F's Information Note than of either of the Eight If I mistake not F. swears that the Wednesday before my Lord's Death it was reported at Andover That the King and Duke being in the Tower the Earl was afraid the King would have come up into his Chamber and have seen him but his guilt and shame was such in consideration of his great ingratitude to the best of Masters that he cut his Throat to avoid it I desire to see this Information again T. You are as to the Substance in the right G. This looks as though the Story were made after my Lord's Death for the King and Duke went not to the Tower till Friday Morning and their then going was altogether a surprize to the whole Town And after the Earl's Death their being then there occasioned very gross reflections seeing they had not been as I have been credibly informed above twice together in the Tower since the Restoration Now that this unfortunate Action the Earl's Death should be cloathed in the very same circumstances as afterwards pretended to be done not only as to the Manner how ☞ the Place where but likewise the Reason wherefore which Reason sets forth the King and Duke's being in the Tower when the Earl did it and done to avoid seeing his Majesty for the Earl as was said was afraid the King would have come up into his Chamber and seen him but the King and Duke's being in the Tower could neither be foreseen nor expected this I say makes F's Evidence scarce credible T. Neither the Cutting the Earl's Throat or the place where it was to be done or who was to be there viz. the King and Duke when it was to be done could be either foreseen or expected by any but those who either laid this bloody Scene or were privy by Information to its contrivance and such as well knew or had been informed how this matter was resolved upon may well be supposed capable of giving a particular Information of this cruel Tragedy L. I do well remember that the very Morning my Lord dy'd there was a small Paper cry'd about of the Earl's Death wherein it was so represented and the common report of the Town then was That the Earl cut his Throat for the same reason so long before assigned by the report at Andover I must confess this is very astonishing and whosoever believes F's Evidence only must from such a belief be fully assured not only that the Earl's Throat was designed to be cut but likewise that it was contrived to be done in the same circumstances it was afterwards acted under for else it could not possibly be so circumstantially reported before my Lords Death not only as to the How and the
that Bloody Party which Murdered him both in Person and Reputation and the manner how the place wher◠and the forged Reason wherefore agreed in These Bloody minded men would without doubt from the same motives and to carry on the same end destroy as many more were it once again as much within their power as it then was only they would do it with this difference that whereas therein they did act clandestanly we must expect that hereafter they would do it in the face of the Sun and justify it But from their Cruel Power and Bloody Malice Good Lord deliver us G. I desire not to detein you any longer on this particular for I am herein well satisfied and therefore pray proceed T. I am now come to the second general head viz. what passed the day my Lord Died you may observe it was denied by Bomeny Monday and Russel the three that attended on my Lord at the time of his Death the first as his Servant and the two others as his Warders that there was any man let into my Lord's Lodgings before my Lord's Death that Morning my Lord Died the like did John Lloyd the Sentinel that Morning my Lord Died at the door of Major Hawley's House wherein my Lord lodged I shall now prove that there were some Ruffians let into my Lords Lodgings a little before his Death to Murder my Lord. Pray read this Information G. S.S. Linnen-Draper declareth and is ready to depose that the 21th of January last this Informant was at the Goat Alehouse in the Minories where John Lloyd Sentinel upon the late Earl of Essex at the time of his Death as this Informant then was informed was that day brought Prisoner being taken up as suspected privy to the Death of the late Earl of Essex This Informant further saith that he this Informant discoursed the said Lloyd concerning the said Earl's Death and the said Lloyd did for some short time often deny that he had let in any men into the Earl of Essex's Lodgings that Morning the Earl dyed This Informant perswaded the said Lloyd to discharge his Conscience to God and Man and tell what he knew with relation thereunto lest by his denial or silence he should draw the guilt of that Innocent Blood upon himself but the said Lloyd for sometime persisted in his denial and whilst the said Lloyd was denying his letting in any men into my Lord that Morning my Lord Died before his Death there was brought into the Room one Major Webster as this Informant afterwards understood him to be then Prisoner for the same matter This Informant did thereupon ask the said Lloyd whether he knew the said Webster which the said Lloyd denied and said he never saw him before in his life upon which this Informant said it was very much that the said Lloyd should not know or remember to have seen the said Webster who was his Neighbour and very notorious in the place where he lived But the said Lloyd persisted for some short time in his denial of any knowledge of the said Webster but soon after the said Lloyd took this Informant by the hand and wringing this Informant's Hand with Tears in his Eyes spoke to this effect Master I give you a Thousand thanks for your good Advice ☞ and I do now remember by special order of Major Hawley I did let in two or three men but to the best of my remembrance three into my Lord's Lodgings that morning my Lord dyed and a very short time before his death and that man pointing to Webster was one of the three Men I did so let in upon which this Informant told the said Lloyd it was very strange he should pretend that Webster was one of three Men he had let into my Lords Lodgings just before his death when the said Lloyd had a little before pretended that he never saw the said Webster before that time This Informant further spoke to the said Lloyd to this effect That as the said Lloyd was consenting to my Lords Death in case he did endeavour to stifle any truth which might tend to the Discovery of my Lords Murder so would the said Lloyd be guilty of Webster's Blood if he should charge him in this particular with a Lye for what Jury soever should believe that Webster was one of those let into my Lord just before his Death it having been by all deny'd that any were so let in would likewise believe that Webster was one of the Ruffians that Murdered his Lordship and therefore this Informant advised the said Lloyd to be very careful in the matter Whereupon Lloyd replied that he could be very positive in the Man and if he were even then to dye he could safely and truly charge him upon his Oath with it This Informant further saith that Lloyd did then further declare that as soon as he had let in those men into my Lords Lodgings he did hear several and he did suppose them to be those he so let in go up Stairs into my Lord's Chamber where there immediately ensued a very great noise and trampling and thereupon somewhat thrown down like the fall of a Man not long after which it was cried out that the Earl of Essex had cut his Throat Lloyd did further declare that he did not remember that he saw those men go out of Major Hawley's House but he did believe they might tarry some time in the House till the Croud came in upon the Discovery of my Lord's Death and then went out with the Croud L. Did any others besides Mr. S. hear this Lloyd thus confess the letting in these men T. Yes Besides Lloyd before the Justice confessed the letting in Two men into my Lords Lodgings a little before his Death as appears by the Coppy hereof The Examination of John Lloyd of Goodmans-yard in Aldgate Parish without in London Clothworker taken before John Robins Esq one of the Justices of Peace for the County of Middlesex the 22th day of January Anno Domini 1689. THis Examinant saith on the day whereon the Right Honourable the late Earl of Essex was found dead upon the suspition of having been Murdered in his Lodgings in the Tower of London he then being a Soldier was standing Sentinel at the Door of the said Earl's Lodgings and had order to let no body go up Stairs to the said Lodgings without leave from Major Hawley or the Warder then in waiting on the said Earl and that about half an hour after Eight of the Clock in the Morning of the said Day two Men to this Examinant unknown knocked at the Hatch-door belonging to the said Lodgings and by permission of the said Warder entred the said Lodgings but when they came out he can give no account and that about Nine a Clock he heard a struggling on the said Morning and a little time after heard a Crying my Lord is dead T. Read this likewise G. C. T. of the Minories Butcher declareth and is
ready to depose That after Lloyd had lain about a Month in Newgate he did desire this Informant as he was informed to see him who by permission of the Honourable Lords of this Committee went accordingly when this Informant came to Lloyd the said Lloyd spoke to this essect viz. Master as you are my Neighbour so I hope you will be my Friend and True to me to which this Informant declared he would be a Friend to the said Lloyd as far as he could whereupon the said Lloyd declared that all the time he had been in Newgate somewhat lay upon his Conscience and troubled him night and day upon which this Informant asked the said Lloyd what that was that was so troublesome to him whereupon the said Lloyd after often pressing this Informant to be True to him told this Informant that when he the said Lloyd was first Prisoner at the Goat-Alehouse in the Minories he did confess somewhat to a Gentleman who was altogether a Stranger to him which confession troubled him This Informant then desired to know what that confession was which had been so troublesome to his mind Lloyd hereupon renewing his request that this Informant would be true to him said he was troubled in Conscience night and day because he had confessed to that strange Gentleman the letting in those Men into my Lord's Lodgings just before his Death This Informant then told the said Lloyd the like he had confessed to this Informant and several others and even before the Justice of Peace had owned it under his Hand but if it were false he ought to retract it and be sorry for having said it Vpon which the said Lloyd declared it was indeed very true that he did let in those Men but it was what he should not have said L. You say that the Sentinel pretends he remembers not when these Ruffians came out of the house but I have been informed that a Servant Maid who then lived in the Tower came that morning into Leaden-hall-Market and wrung her hands and cryed out The Earl of Essex was Murdered The Earl of Essex was Murdered upon which the People gathering about her advised her to silence telling her she would bring her self into trouble by such Expressions The Maid thereupon declared she was sure it was true for she saw the men that murdered him just as they came down out of his Chamber and one of them almost pushed her all along G. Do you know who this Maid is L. No but I spoke with several that saw her the same Morning in the Market and heard her declare as above related T. There hath been great diligence used to find out this Maid but neither of those who heard her knew her name L. I am sure it 's the duty of those who knew her or of any other that could testify any thing material in this matter to give Information to the Gentlemen by this Honourable Family engaged in this Prosecution T. Mr. Braddon a little after my Lord's Murder was informed of a Person if I mistake not he was said to be a Waterman who likewise saw those Ruffians as they came out of the house just before my Lord's death was known and observed some Blood upon one of their Cloaths but having been often search'd in the King's Bench Prison and in a hurry forced to convey away his Papers he lost the name and place of abode of this man. L. That 's a great misfortune but if this discourse comes to the hand of that Person or any that have heard him declare what is above related or any thing else material in this matter they are desired to send notice to Mr. Braddon from whom a letter being left at Richara's Coffee-house nigh Temple Bar it will come safely and speedily to his hands T. It would be no little assistance to a farther discovery of this matter though I am sure every man that believes what is here related as proved or ready to be attested must be well satisfied in this Murder if every man that is not in the least accessary to this Murder would but be so ingenious and free as to send Mr. Braddon and give him an Account hereof It 's not desired that any should deelare more than what is true and what he would answer at the dreadful day of Judgment for whoso ever doth in this case attest a Lye or what to him is such endeavours to commit by such his Perjury the worst sort of Murder L. Did either of the Warders or my Lords Servant publickly confess the letting in those T. No nor this Soldier before he was seized the 21th of January last L. Seeing then they did all deny that any Men were let into my Lord that morning I can't but suppose these Men so let in were let in to Murder my Lord for had any Persons been innocently let in it might have been innocently confessed and owned but being admitted into the House with this Villanous and Bloody design those waiting on my Lord thought it neither convenient nor safe to confess the letting in of any G. This Lloyd expressed himself very odly to T. whom having often desired and enjoyned to Secresy to him pretended he was much troubled in conscience for what he had confessed ☞ but nevertheless declared such his confession to be true but it was what he should not have owned This looks as though there were some cursed Confederacy entred into for the suppression of truth L. I thought you would be brought over G. I were never so wedded to the belief of a Fact through prejudice or misinformation but upon a full and clear discovery of my mistake did readily renounce my first belief and cleave to the best Information or at least that which to me seemed the truest and to deal plainly with you I did not think so much could be said to prove what many Industriously endeavour to perswade me was false But there comes even now into my mind an objection against this Lloyds confession which will I think destroy it's credit with all Men. If I mistake not you told me this Lloyd at Mr. Braddon's Tryal upon Oath denyed the letting in any Men before my Lords death T. 'T is very true G. How then can any man give credit to this confession which is a point blank contradiction to his former Oath Nay if Lloyd upon Oath asserted what before he had forsworn I could not barely upon the credit of his Oath believe it T. Barely upon the credit of Lloyd I should hardly believe any thing only consider that the Confession of every man though ten times perjured is to be admitted against himself But farther pray reflect on the Circumstances of Lloyd's first Oath and you will find in several respects he stood prejudiced so that his first Oath could not be of equal credit 〈◊〉 his now Confession For admitting my Lord was Murdered by those men so let in either Lloyd was privy to the Murder or he was not
Lord and how clear soever she might escape the punishment of our Law she could not but expect she must answer it before him who positively requires Blood for Blood and that all Governments should make diligent Inquisition for the Blood of the slain or otherwise he would require that Blood thus buried through neglect at the hands of such Majestrates as were difficient in their Inquiry and more strictly would he one day reckon with those that could detect the Murder but refused to reveal it for upon such more especially would the guilt lye because the Majestrate can make no discovery but by Information and therefore those that refused or neglected to give their Information would most certainly one day severely answer for such their silence Such Discourse as this Mr. Braddon had with this Woman before several others after which Mr. Braddon desired to know whether she would go voluntarily or upon motion be brought to the House for he was resolved she should be Sworn Hereupon she declared seeing she must be sworn she would rather go willingly than through such compulsion and then went accordingly after which she declared what you have before heard whereas before she was sworn she would reveal nothing L. This is a great Argument both of the truth of her Evidence and the Integrity of the Woman who rather than sacrifice her Conscience by Perjury would sacrifice what she really believed to be her Interest T. Would no Person in this Case be guided by Interest or Affection but all ingeniously reveal what they know you would soon find that discovered which now lies buried in silence but may sooner be detected than some imagine L. If it shall hereafter appear that any Person knows any thing material of this Villany and hath not revealed it he may be most justly esteemed consenting to this Murder and how far our Law may extend in its punishment there may be an occasion hereafter to try G. This Evidence of M. B. doth very much agree with Lloyd's Confession for Lloyd declared That upon the three Mens going into my Lord's Room there was immediately a very great Noise and this M. B. heard But Lloyd declares nothing of Murder cryâ—d out which M. B. declared she heard It 's strange Lloyd should not hear it as well as the Trampling if indeed there was any Murder cry'd out L. It is very probable that Lloyd did hear Murder cry'd out for it 's hardly possible to be otherwise because it seems Murder was cry'd out thrice very loud and very dolefully but should Lloyd have confessed that he let in these three Men and that upon their going into my Lord's Room he heard a very great trampling and bustle and my Lord cry out Murder several times as before depos'd by this he should have accused himself as privy to the Murder for seeing Lloyd did not immediately cry out to the next Guard so that these Ruffians might be secured and if possible the Murder prevented or at least these Cut-throats taken one of which he might easily have done Nay in all probability these Men would have soon desisted had they heard the Sentinel cry out But Lloyd lets them go and instead of a Discovery by Perjury endeavours to conceal it and therefore may well be supposed prepared to permit this execrable Tragedy G. Permit What could a Sentinel do who is placed at his Stand but could not leave his Post L. Two things are required of such Sentinels first to see the Prisoner be kept close without any Communication by Word or Papers thrown into his Window and secondly to preserve him from Violence G. 'T is very possible that this poor Sentinel might know nothing of the Matter till after the Persons were let in and then he perceiv'd by their bustling with my Lord and his Lordship's crying out Murder that they came with an intent to murder my Lord yet the Power and Authority that sent these two Men might tie both the Tongue and the Hands of this Sentinel from endeavouring either to prevent the Action or secure the Actors that he thought it might cost his Life to oppose with either So that this poor ignorant Souldier is as much to be pitied as blamed T. Had he made a full and ingenuous Confession upon his being now seized and given this Reason for his Silence he had deserved great pity for falling under so great a Temptations as the fear of Death But when instead of this Ingenuity which might be naturally expected from such Innocence as you here represent this Souldier under you find the contrary and instead of being so free as to tell the whole Truth he seemed much troubled that he had revealed any part as appeared by that Expression to T. when he declared That tho' it was indeed true what he had confessed he should not have confessed it this I say is so far from arguing this Souldier that Man you would now seem to represent him as it rather concludes him a Confederate in the Fact. G. I must confess his retracting what he had owned to be true and declaring he was very sorry he had confessed it tho' it was indeed true seems to argue him not such a Stranger to the Fact as I could wish he were L. Have you any thing more as to this Point for I perceive we are very tedious to you T. Not in the least But I rejoice in this Occasion of giving you Satisfaction in this Matter Here are some other Informations with relation to this Point which I desire you to read G. E. G. and S. H. declare That the day of the Death of the late Earl of Essex viz. The 13th of July 1683 about eleven of the Clock the same day one R. in the hearing of these Informants did declare that he was in the Tower that Morning where it was reported That the Earl of Essex had cut his Throat but he was sure he was murdered and that by the Order of his Royal Highness for the said R. then declared that he did observe his Majesty and Royal Highness part a little from those that attended them and discoursed to the best of these Informants remembrance the said R. declared it was in French concerning the Prisoners then in the Tower and his Highness declared That of all the Prisoners then there the Earl of Essex ought to be taken off but his Majesty said he was resolved to spare him for what his Father had suffer'd upon which his Highness seemed very angry and a little before the Death of the said Earl his Highness parted a little way from his Majesty and then two Men were sent into the Earls Lodgings to murder him which having done the same two Men did again return to his Highness This the said R. declared with great Earnestness and Passion and protested he thought no Man was safe which was against the Popish Interest if once they began thus bare-faced to cut Throats T. R. proceeded farther which you shall hear in its
had cut my Lord's Throat they were extreamly over-joyed and one of them striking the Master of the House upon the Back with great Joy cried The Feat was done and he could not but laugh to think how like a Fool the Earl of Essex looked when they came to cut his Throat L. These bloody Villains are the greatest Fools morally speaking for such horrid barbarous Cruelties is the highest degree of moral Folly and how like Fools and Rogues will such Blood-suckers look when they come to receive the Reward due to such Barbarity G. God's Judgments commonly overtake even in this Life that heinous and crying Sin of Murder for which the Penalty of Blood was by him expresly required in that Ancient Statute wherein it was positively enacted that Whosoever sheds Man's Blood by Man shall his Blood be shed I believe the Law in this Case will be fully executed upon all concerned or some eminent Judgments inflicted almost if not altogether as bad as the Penalty T. May no Character whatsoever be excused from some remarkable Punishment or other L. Amen T. You did object against what was sworn to be said by M. and R. because they viz. B. and his Wife and H and G. were but hear-say Evidence but I desire you to reflect upon the many such Testimonies produced to prove the high 〈◊〉 Plot in 1683. Nay read but the Evidence of Mr. Blaithwait Clerk of the Council in 1683. in Mr. Braddon's Trial pag. 22. you will there find Mr. Blaithwait being sworn on the behalf of the King against Mr. Braddon gives an Account to the Court what the young Edward's Sister declared to the Council-Board viz. That Braddon compelled the Boy to sign it the Paper the young Edward's signed this you fiud to be only hear-say Evidence and the Author the Sister then in Court but testified no such thing therefore this hear-say Evidence ought if any ought to have been rejected and yet this hear-say Evidence tho' not confirmed by the Author then upon Oath was not only admitted but ordered to be printed in the Trial in large Capital Letters how much sooner ought the Evidence of B. and his Wife as to what M. declared and of H. and G. as to R's Account be particularly remarked seeing M. and R. we cannot now produce in Court as that Author was but especially the first being presumed to be murdered by way of prevention by that bloody Party that murdered my Lord. L. We have a Maxim in our Law That no Man shall take an Advantage of his own Wrong but the Papists will totally destroy this Maxim for by the Murdering of those who know their Offences they totally suppress and destroy their Evidences and then will not admit of an Account tho' upon Oath of what these Men so murdered by way of prevention declared because it 's but an hear-say Evidence certainly if there be any Wrong Murder is such and of all Advantages by that Wrong the saving one's Life is the greatest T. Lloyd upon his first Confession could not be positive whether Major Hawley or Monday opened the House Door to the Ruffians G. It could not be Major Hawley for you said he declared That he went out of his own House at five in the Morning and returned not till after my Lord's Death so that between Five and past Nine till after my Lord's Death Major Hawley was not in his House and therefore could not open the Door to those that went in a little before Nine L. If Major Hawley did indeed let in those Ruffians I suppose you don't think he 'l own it And therefore Hawley may deny his being at Home after Five till my Lord was dead to avoid being suspected to be the Man that let them in T. Major Hawley's denial in this Case is as true as his other Denials of which you will hereafter hear to prove this denial false It is positively sworn by N. That he saw the said Major Hawley go into his House as my Lord Russel was carrying to the Old-Baily Now this was not above half an hour before the Murder committed and then whereas Hawley pretends he did not go nigh his own House after five of the Clock in the Morning till after my Lord's Death It 's contradicted by the positive Oath of one who swears That he saw Major Hawley several times a little before my Lord's Death run up thro' that Gate which is nigh and leads to his House and he would immediatly come in haste down to the Gate and peep on both sides as tho' he would see the way clear and because the Warder let in but one Man to the Tower Hawley came running to him in great fury chiding him for admitting that one L. Major Hawley's denial of what is so sworn looks as tho' he had not been thus careful in keeping all clear but for some Design which was to be done with as great secrecy as the Time and Place would admit of T. You may remember that Bo. Mo. and Ru. declar'd That there was a Razor delivered to my Lord wherewith to pair his Nails which his Lordship having done he retired into his Closet and there cuts his Throat the Closet Door being afterwards opened all these three as they depose and declare saw the Body there lie in its Blood and the Razor as before delivered to my Lord to pair his Nails lying by him G. This is in short their Relation and how can you possibly disprove it seeing there was none with my Lord but these three and therefore how can it be contradicted by any T. I will disprove this Relation in every part First I will convince you that there was no Razor delivered to my Lord to pair his Nails Secondly That my Lord did not lock himself into his Closet nor was there first found lock'd in as is sworn by these Men. And Thirdly That the Razor was not lying by the Body when these three first saw the Body dead G. I can't imagine how in these Particulars you can falsify their Relations T. I shall prove Bomeny's Relation to be false by what Russel swears and Russel's Deposition forged by what Monday declared the day my Lord died L. As soon as my Lord was found dead Bomeny Monday and Russel ought to have been secured T. It was so order'd by his Majesty for as soon as News of my Lord's Death was brought to King Charles the Second then in the Tower his Majesty sent my Lord Allington Sir C and Thomas Howard Esq to my Lord's Lodgings with Orders That all who were attending upon my Lord at the time of his Death should be secured and examined with relation thereunto His Majesty did further order That all things should remain as to the Body in the same Circumstances it was first found till the Coroner's Inquest had seen the Body Before Sir C had proceeded far in the Examination of any about my Lord's Death a Gentleman came as from his Majesty with Orders That Sir
to Russel's Information and at the same time give Credit to Monday who declared my Lord had the Razor by seven of the Clock two hours before Russel came up to stand Warder at my Lord's Chamber Door L. These Three are of equal Credit and consequently you have as much reason to believe Bomeny as Russel and Monday deserves equal Credit with either of the Former But all can't be credited neither can Bomeny's Contradictions be reconciled or can one of these be thought true without giving the Lie to the other two therefore upon the whole Matter you can't reasonably believe there was any Razor at all delivered G. I find all three in the main agree that my Lord had a Razor delivered him to pair his Nails and their Contradiction is only in point of Time. T. 'T is true it 's a Circumstantial Contradiction in point of Time and the Contradiction of the two Elders in the History of Susanna was a Circumstantial contradiction in point of Place for the first swore they took Susanna in Adultery under a Mastick Tree and the second under an Holm Tree Both these agreed in the main as you call it Viz. that they found her in Adultery But by this contradiction as to the Place where Daniel convinced all then present that these two Elders were perjur'd in their Evidence and consequently Susanna Innocent of her Charge and thereupon these Two Accusers justly suffered what by Perjury they would have unjustly caused to be inflicted upon the Innocent Did you ever hear any deny Daniel's Wisdom in this Detection or arraign his Justice in the punishment those two false Accusers thereupon suffered G. I must confess these Contradictions look as tho neither was true for Truth would have been the same to all T. Besides you find all three agree in this That my Lord pared his Nails with the Razor which appears to be false by this Information which I desire you to read G. John Kettlebeater one of the Jury upon the late Earl of Essex sweareth That the Nails on the Fingers and Feet of the said Earl were very long and not scraped or pared as he could discern L. Being proved perjur'd in one Part believed in Nothing T. Whereas it was sworn and declared by all that my Lord's Body was locked into the Closet I will now suppose that Bomeny Russel and Monday were to answer as to the opening this Door according to their former Informations and you will find their Contradictions as to this as gross as the former Bomeny first appears Jury Mr. Bomeny Was my Lord's Body locked into the Closet when he was first found dead Bomeny Yes Jury Who opened the Door Bomeny When I had knocked at the Closet Door my Lord not answering ☜ I did open the Door and there saw my Lord lying along in his Blood and the Razor by him and I then call'd the Warders This according to his first Information taken as before by the Coroner About an hour after this the Jury do again examine him as to this Point and he answering according to the Information which as before he writ in the Room next the Jury and then you will find it as followeth Jury Mr. Bomeny Did you first open the Closet Door upon my Lord's Body Bomeny No I did not but Russel did ☜ for after I had knocked at the Door thrice calling my Lord my Lord not answering I took up the Hangings and peeping thro' a Chink I saw Blood and part of the Razor whereupon I called the Warder Russel and the said Russel pushed the Door open T. At Mr. Braddon's Trial Bomeny being ask'd Who did first open the Door upon Oath answered He knew not who opened the Door L. Here Bomeny is twice against himself first he swears that he himself opened this Door before he called either of the Warders Secondly swears that he did not first open the Door but Russel pushed it open and thirdly deposeth that he knew not who opened the Door T. I desire the other two viz. Russel and Monday may in this particular answer and then compare them altogether Jury Mr. Russel Did you find the Closet-Door locked upon my Lord's Body Russel Yes Jury Who first opened this Closet-Door Russel When Bomeny saw my Lord's Body through the Chink he cried out My Lord was fallen down sick whereupon I went to the Closet-Door and opened it the Key being on the outside T. Here Russel makes no difficulty in opening the Door But observe Monday's Answer Russel withdraws and Monday is called Jury Mr. Monday where were you when my Lord was first found dead Monday I was standing at the foot of my Lord's Stairs and hearing a great Noise of my Lord's Death I ran up Stairs and found Bomeny and Russel endeavouring to open the Door but the Body being so close and strong against the Door neither could Jury Who then opened the Door Monday I being much stronger than either of these two put my Shoulders against the Door and pushing with all my Might I broke it open L. Upon the whole matter I find first Bomeny opened the Door before he called either of the Warders according to Bomeny's first Information taken as before by the Coroner and secondly that he did not open the Door for Russel opened it according to Bomeny's second Information which himself writ and Russel's Deposition And thirdly that neither Bomeny nor Russel could open the Door because the Body lay so close against it and so Monday broke it open This according to Monday's account of the Matter T. Which of these three do you believe G. Their Contradictions being such I can believe neither 〈◊〉 conclude this is a contrived Story throughout and yet so ill laid together as I never saw a worse-made Story in all my Life L. So gross Contradictions in so short a Relation I never yet met with G. 'T is very much they should so thwart each other had they agreed upon a Story and yet it 's more improbable they should so differ had they designed to reveal the Truth for the true Relation of a Fact is still the same whereas false Relations are almost infinite but these three are the greatest Fools I ever heard of in not laying their Story better together T. I have often heard a very ingenuous Gentleman say that God in Mercy to Mankind allotted such an Allay of the Fool to every Knave that the Fool hangs the Knave up half way L. It 's indeed a Mercy that the Knave and the Fool go together for were it not for the latter the former would do much more Mischief G. It was a common saying of Sir H. B. That no Man was known to be a Knave but he that was a Fool. T. If you don't believe the Closet-door was locked upon my Lord you can't believe this was sworn for any other end but to stifle the Truth and consequently to hinder the true Discovery of the manner of my Lord's Death G. As I can't
believe their Relations true so neither can I comprehend to what end they should invent this Story of the Closet's Door being lock'd upon my Lord seeing my Lord might as well have been said to have cut his Throat without locking the Closet What Service could they propose by this part of their Story of the Closet-door's being locked upon the Body T. The use they afterwards made of this was the end they proposed by this their Invention they strongly argued to the Truth of my Lord's self-Murder from this very Circumstance for they say Can it be thought possible that my Lord should be murdered by others when it was impossible that any should do it in the Closet and come out of it leaving the Body so close against the Door which opened inward and there was no other way but the Door out of which they could come Had this Relation therefore been true it would have been as strong an Argument of my Lord 's being a Self-Murderer as the contrary appearing by the many and gross Contradictions before observed is of his being treacherously murdered by others But as a further Argument of the Closet-door's not being locked I desire you to observe the Closet and how the Body was first seen by such as were some of the * Before â—y that 〈◊〉 from 〈◊〉 King â—…w the â—…dy first that went up into my Lord's Chamber after my Lord's Death was known At the beginning of this Book is the Room and Closet drawn and how the Body was first found By this you may perceive how my Lord's Legs were lying on the Threshold of the Closet-door and you find the Closet-door could not whilst the Body lay thus and it was not then pretended â—or be moved be locked this appears by what William Turner and Samuel Peck declare as they have deposed before the Lords William Turner and Samuel Peck declare that these two Informants were Servants to the late Earl of Essex at the time of his Death and bringing in some Provisions into the Tower just upon the first Discovery of my Lord's Death of which as soon as they heard these Informants ran up stairs and found my Lord's Legs lying upon the Threshold of the Closet-door G. I am now satisfied how they proposed to argue from it on their own side but the Edg of the Argument through their Disagreement and Contradictions in their Evidence hath been turned against them and wounded them to the quick T. In the third and last place I shall disprove that part of these three Mens Relations which saith that the Razor was locked into my Lord's Closet when he was first found dead Those three have all deposed or often declared That the Razor was found by my Lord's Body locked into the Closet and all three denied that there was any bloody Razor thrown out of my Lord's Chamber-Window just before my Lord's Death was first discovered to those out of the House L. If the bloody Razor was thrown out of the Window before my Lord's Death was discovered then it 's most certain it could not be found lock'd in with the Body in the Closet upon the first Discovery as by these Treacherous Varlets is deposed Pray read these Papers G. William Edwards aged about Eighteen Years declareth That being in the Tower that Morning the late Earl of Essex died and just before the Discovery of his Death viz. about Nine of the Clock the same Morning as this Informant was standing almost over against the Earl of Essex his Chamber-Window he saw a bloody Razor thrown out of the said Earl's Chamber-Window and fell just without the Pales that stood before the Door which this Informant was going to take up but just as this Informant came to take up the Razor which this Informant found very bloody there came a Maid out of Major Hawley's House and took up the Razor and then ran in with it into Major Hawley's House immediately after discovering my Lord's Death Thomas Edwards Father to the said William Edwards Sarah Edwards and Ann Edwards and Elizabeth Edwards all declare and are ready to depose That the said William Edwards the very Morning of my Lord's Death when he came home did give the same Account in substance to these Informants G. Was not this William Edwards sworn at Mr. Braddon's Trial T. Yes G. If I mistake not he did there upon Oath deny it T. 'T is very true G. How then can there be any Credit given to what one swears in Contradiction to what he hath before deposed When upon Oath he declared he saw no such Razor but it was a Story that he invented to excuse his Truanting T. I desire that you will consider when this Story was first told by the Boy viz. about ten of the Clock that morning my Lord died ☞ Now it was not then known it would be sworn that this Razor lay by my Lord's Body locked into the Closet when the Body was first found as did appear the Monday after when the Coroner's Inquisition and Bomeny's Deposition were printed and therefore there could not be any use made of this Story when first told against the Truth of my Lord's pretended Self-murder for that was possible to be true ☞ what was suggested in answer to this by a certain Gentleman who as soon as he saw what Edwards declared asked What use could be made of it and how this did appear to argue that my Lord was murdered for he further said That it might be when Bomeny came and found that Razor which he had before delivered to my Lord proved the Instrument of his Death he took it up and with great indignation threw the Razor out of the Window as we many times throw away what we have hurt our selves with To this it was answered It appeared sworn before the Coroner That as soon as Bomeny saw my Lord and part of the Razor thro' a Chink of the Closet-Door he called out to Russel that my Lord was fallen down Sick so that there was a Noise of this in the Room before ever the Closet Door was opened and consequently before Bomeny could have any opportunity to take up the Razor Whereas it here appeared by what Edwards said that all things were very quiet in the House till the Maid had taken up the Razor and the Maid first discovered my Lord's Death Upon this the Gentleman urged this no further but what he herein declared was so ready at hand as tho' he had before heard of the Razor 's being thrown out and thought this the best Salve for it As for the pretence that this Lie was invented to excuse his truanting this is very ridiculous this Boy in very great earnestness as soon as he returned from the Tower told his Mother and Sisters that the Earl of Essex had cut his Throat and thrown the Razor out of the Window this argued his simplicity Now the material part of the Story was then generally believed to be true viz. That the
but one Evidence T. It will be proved as far as a Negative can be proved That this Boy and Girl never spoke to each other till some time after the Earl's Death and the Relations of the Boy and Girl were altogether strangers to each other having never to their Remembrance heard or seen one another which might be well supposed for their Habitation was some distance from each other Mr. Edwards and his Son and Family living in Mark-Lane the Girl and her Relations at St. Katherines besides you may observe the Girl stood upon the high Ground over against the Earl's Chamber Window and the Boy in the lower Ground where the Girl stood she being but short could hardly see the Ground where the Razor fell but she declared she saw the Maid in the white Hood come thereupon out of Major Hawley's House which Description agreed exactly with that Description the Boy gave of the Maid L. Their Evidence thus agreeing can't well be doubted G. I have been informed this Maid is now reputed of a loose Character T. Admit it true she could not be so thought when she was but just past twelve Years of Age and it was then she first declared it and six Years since and more swore it Therefore her now Character can't in common Reason prejudice her then Testimony given in her innocent Chilhood and her now Testimony is but a Repetition of her former Oath Besides had this Fact been told by Persons of never so great Infamy that did appear to be altogether strangers to each other their Agreement in their Relations had given Credit to their Testimony ☜ being first reported when as is before observed there could be no end proposed by telling this Lie seeing when it was first declared it appeared not in the least inconsistent with the pretended Truth of my Lord's Self-Murder because this Razor after the Discovery out of Indignation might have been thrown out of the Window by some attending on my Lord. Now had this been sworn the next day after my Lord's Death which at the time it was first told by this Boy and Girl could not appear otherwise then this Story of the Razor 's being thrown out of my Lord's Chamber Window had fallen to the Ground and no way useful to prove the Murder But this I have already more at large insisted upon L. It 's an old and true Proverb Children and Fools tell Truth the Reason of this saying is because Children and Fools not being capable of that Invention which such as are of Years and Understanding may be supposed to have speak without design the naked Truth of the Fact. T. A farther Argument of the Truth of this is the Relation of R. and M. the two Souldiers before mentioned both which the very day of my Lord's Death declared in this particular the same with the Boy and Girl as appears by these Informations following Pray read them G. E. G. and S. H. further declare That about 11 of the Clock the very day my Lord dy'd the aforesaid R. did further say That my Lord was murdered but before his Death was discovered to any out of the House there was a bloody Razor thrown out of my Lord's Chamber-Window and that a Maid took it up and carry'd it into my Lord's Lodgings J. B. and his Wife do both further declare That the aforesaid R. M. the very day of my Lord's Death did further say That after my Lord's Murder and before his Death was known there was a bloody Razor thrown out of my Lord's Chamber-Window which a little Boy endeavoured to take up but there came a Maid out of Capt. Hawley's House and took it up and run with it into Capt. Hawley's House and then the Maid was the first that discovered my Lord's Death L. These two Witnesses agree with the Boy not only in the Main as you call it but in several Circumstances of the Story with the Boy 's Relation First in the Main that there was a bloody Razor thrown out of my Lord's Chamber-Window before his Death was known Secondly Meake agrees with the Boy that the Boy did endeavour to take up this Razor but was prevented by the Maid who forthwith carried it into Major Hawley's House And Thirdly that this Maid was the first discovered my Lord's Death G. I must confess their Agreement in their Relations gives great Credit to the Truth of their Testimony L. Was it ever yet known that four Persons ☞ some very Young and others of Riper Years and all Strangers to one another should give the same Account of a Fact in all its Circumstances and the Fact not True T. For the farther Confirmation of this Truth I shall prove by three Witnesses more it was a general Report in the Tower that morning my Lord died That the Razor was as before related thrown out of my Lord's Chamber-Window Pray read these three Papers G. I. S. declareth That this Informant was a Souldier in the Tower that very morning the late Earl of Essex died in the Tower and about eight of the Clock in the same morning this Informant was sent as one of the Guards upon the Honorable Lord Russel to the Old Baily and as this Informant was returning to the Tower with several of this Guard one in great haste from the Tower met them and said the Earl of Essex had cut his Throat and thrown the Razor out of the Window Upon which it was Answered the Earl of Essex had great Courage first to Cut his Throat and then to throw the Razor out of the Window This Informant further saith That after he came into the Tower that very morning he heard it declared by several that there was a bloody Razor thrown out of my Lord's Chamber-Window before my Lord's Death was known R. G. Declareth That he was a Souldier in the Tower that very morning the late Earl of Essex dy'd and after the Earl's Death this Informant heard it discoursed that very morning in the Tower that there was a bloody Razor thrown out of my Lord's Chamber-Window before my Lord's Death was known and it was further said That the Razor was much broken and notched which some then attributed to the fall out of the Window but others said it might be against the Neckbone L. Against the Neck-bone That 's a pretty Business indeed that my Lord should so hack the Neck-bone as to break the Razor according to the description you have before given us of the Razor T. So Ridiculous as you make this it was the very same that the Surgeon the next day said to the Jury as you will anon find L. A Surgeon either Knave or Fool a Knave if he told them what he did not himself believe and nevertheless endeavoured when upon his Oath to speak the Truth to impose upon the Jury and a Fool if he did believe it But pray read the Third Information G. R. B. declareth That he this Informant was in the Tower that very
morning the late Earl of Essex died and immediately upon the first discovery of my Lord's Death this Informant went to Major Hawley's where my Lord then lay and by the Door of the said Major Hawley's House this Informant heard several then and there declare That there was a bloody Razor thrown out of my Lord's Chamber-Window before my Lord's Death was known some then and there asserting that they saw the Razor so thrown out L. Who now can doubt this Truth thus attested and confirmed T. But to put the Matter beyond all colour of contradiction or doubt read the farther Testimony of Mr. S. S. G. S. S. farther saith That the very day Major Webster and Lloyd were taken up viz. the 21st of January last as suspected concerned in the Death of the late Earl of Essex this Informant was in the Goat-Alehouse in the Minories where the said Webster and Lloyd were then in the Constable's Custody and this Informant did then and there hear the said Webster declare That he did nothing with relation to my Lord but pull off his Cravat and took the Razor up from the Floor and threw it out of the Window Upon which this Informant asked the said Webster What hurt the Razor had done him that he should throw it out of the Window To which the said Webster replied That when he did it he was under such a consternation as he knew not what he did This Informant farther saith That upon this Confession of the said Major Webster Lloyd the Sentinel then sitting by this Informant did declare That it was indeed true that the Razor was thrown out for it was thrown out of my Lord's Chamber-Window just over the said Lloyd's Head and the Razor fell just without the Pales The said Lloyd did further say That he did observe a little Boy and the Maid of the House to struggle for the Razor but the Maid took it and ran in with it into Major Hawley's House soon after crying out My Lord of Essex hath cut his Throat and the said Lloyd declared the said Maid was the first discovered to him my Lord's Death T. As a confirmation of this viz. that this Maid was the first that discovered to the Sentinel my Lord's Death read this Information G. J. N. declareth That he this Informant went into the Tower that very morning the late Earl of Essex died and just before the knowledg of my Lord's Death this Informant went to the Sentinel that then stood at my Lord's Lodgings and asked the said Sentinel how the Earl of Essex did to which the said Sentinel answered Very well T. Observe the Sentinel at this time pretended my Lord was very well and confessed not any knowledg of his Death But proceed G. Just as this Informant had asked this Question and been thus answered he did observe a Maid run in great haste into Major Hawley's House and as the Maid was come to the Stair-foot and going up Stairs he did observe a tall black Man a Warder and another Gentleman come down Stairs from my Lord's Chamber-Wards and neither of these two spoke one word of my Lord's Death as this Informant heard who stood about six foot from the Door but the Maid ran up in great haste and immediately in as great came running down Stairs wringing her Hands and crying out My Lord of Essex had cut his Throat which Discovery was the first this Informant heard of my Lord's Death who stood as before very nigh Major Hawley's House And this Informant did observe the said Maid to have a Razor in her Hand either as she ran up Stairs or as she came running down as aforesaid L. I wish we could but know who this Warder and another Gentleman was that came down Stairs as the Maid ran up for they could not be ignorant of what was done T. By description it must be Monday for there was but two Warders in the House at that time and this description agrees not with the other as for the other Gentleman a short time may discover him G. This Confession of Lloyd as to the Boy 's endeavouring to take up the Razor but the Maid's taking it up and carrying it into the House immediately upon which my Lord's Death was discovered I find agrees with the Boy 's Relation and with what M. and R. declared the very day my Lord died L. If you will not be convinced of the Truth of a Fact attested by such positive and circumstantial Relations agreeing in their several Accounts as to the material Circumstances of the Fact as was before observed and confirmed by two of the Persons accused the last whereof in his Relation gave the same representation of the Fact as was before related by so many I say if such Evidence as this will not convince you in in this Particular it argues you are under an invincible prejudice which moral Testimonies will not remove G. I can't but acknowledg my self in this Particular satisfied as to the truth of this Razor being so thrown out as before deposed but I am altogether to seek of the Reason of this Action what should make these Ruffians to throw it out L. You have the Reason Webster himself assigned for doing it for he was asked What made him throw it out he answered He was under such a consternation that he knew not what he did T. You did before observe the scituation of the Room and Closet and how the Chamber-Window out of which the Razor was thrown was about 17 foot distant from the Closet where the Body lay therefore it 's very probable after this bloody Ruffian had murdered my Lord and blooded the Razor as the pretended Instrument of his Death they having not finished the whole Scene and laid the Razor by the Body as was intended but this Webster who threw it out standing not far from the Chamber-Window with the bloody Razor in his Hand was surprised when a Person came up Stairs of whose coming he was not aware and under this consternation as is natural to a surprise in such horrid Villanies threw the Razor out of the Window but discovered nothing of my Lord's Death and then the Maid who it's possible was the occasion of this surprise went out and took it up and as soon as she returned into the House discovered my Lord's Death as you have before at large heard related G. This seems to be probable enough L. It may shortly prove more than probable G. What is become of this Maid that carried up the Razor T. She is under Bail. G. Doth she deny it T. Yes and saith she went out of her Master's House almost half an hour before my Lord's Death was known and returned not until my Lord's Death was publick and several People in the House to see my Lord For she tells this Story That about half an hour before my Lord's Death was known my Lord's Footman came to her and told her the Warder would not open the Wicket to let in
my Lord's Provisions that were brought and therefore begged her to go to her Master Mr. Hawley the Gentleman-Porter to desire him to go to the Warder that kept the Gate and order him to let in the Provisions L. It 's much the Footman himself could not go to Major Hawley for certainly the Major well-knowing whose Footman he was would soon go and give Orders to let in the Provisions upon the Footman's request as his Maids unless the Maid had some collateral consideration besides that of a Servant which might influence her Master T. There was no need of eithers going as you will immediately hear Upon this she declares She did accordingly go to her Master who thereupon ordered the Warder to let in my Lord's Provisions and as they viz. my Lord's Footman Will. Turner and one Sam. Peck and a Porter were bringing the Provisions a Sentinel told them They were come too late upon which this Maid declares she was surprised and asked Will. Turner what should be the meaning of that Expression You are come too late for she did not understand it Whereto Turner answered that he did suppose the Sentinel believed those Provisions to be my Lord Russel's who being gone to his Trial this Souldier might think he would never return again to the Tower and so the Provisions were brought too late This she declares she then believed but as soon as they came in sight of her Master's House they admired to see so great a Croud about the Door but were soon too well satisfied in the occasion for it was just before discovered that my Lord of Essex had cut his Throat G. This looks as a made Story for can it be thought that the Warder would not let in my Lord's Provisions T. It is indeed a forged Lye throughout for William Turner Samuel Peck and the Porter do all three declare that the Maid was not with them whilst they were bringing in the Provisions neither did the Warder that kept the Gate in the least scruple the letting in my Lord's Provisions this they all say they are ready to depose G. Then this Maid is a Confederate for otherwise she would speak the Truth T. Surely she that endeavours by such a false villanous Invention to evade the Truth becomes consenting to my Lord's Murder and at the last day shall answer it L. Nay she may answer it before if it be once plainly made appear that she did carry up the Razor and was the first that discovered my Lord's Death for by what she then saw and hath since heard sworn by those who attended on my Lord she could not but be well satisfied my Lord was murdered and endeavouring thus to stifle it by her false Evasions T. To which she saith she did swear before the Secretary of State. L. That adds Perjury to the first Guilt Without doubt her endeavouring by Perjury to conceal and stifle the most perfidious and barbarous Murder our Nation ever knew shall render her culpable in no small degree T. Just as the Maid cried out My Lord had cut his Throat one Mr. B. then an Ensign ran into the House and was the first Man in my Lord's Chamber after my Lord's Death was known the Blood then seeming almost reeking hot this Mr. B. declared that as he ran in he did observe this Maid whose Name he knew to be Alice standing at her Master's Door wringing her Hands and crying and N. who saw the Maid run into her Master's House and up Stairs and then heard her cry out Murder and likewise in her hand the Razor declares that was the very Maid which stood at the Door when Mr. B. went into the House L. By all Circumstances this must be the Maid for had not this Wench been some way concerned she would never have invented this Lie for Innocence flies not nor needs a Lie for its Defence but is always supported by Truth and Innocence it self becomes justly suspected for Guilt when it makes use of a false Defence the Law and the natural Reason of the thing presuming that every one will use the best and consequently the truest Defence in Protection of his Innocence Pray proceed T. The Circumstances of the Razor in the top's being so broken and the many other Notches as before appears by the Razor are natural self-Evidence of the Truth of the Razor 's being thrown out of the Window for my Lord in cutting his Throat could not so do it notwithstanding an old Chirurgion to the Jury declared otherwise for the Jury asking him Whether my Lord in cutting his own Throat could so break and notch the Razor The Chirurgion answered that it was possible for my Lord to do it against his Neck-bone occasioned by the Tremefaction of my Lord's Hand when the Razor came to the Neck-bone L. Certainly there was a Tremefaction in the Chirurgion's Understanding or Honesty when upon Oath he gave this Answer for I do suppose he was sworn T. He was so As a further Argument against my Lord's cutting his Throat in the Closet the Circumstances of the Closet as found when my Lord was first found dead appear in Evidence You may observe the Closet is but three Foot and one Inch wide and seven Foot long in one side and about five Foot long in the other now it 's declared by those attending on my Lord that there was no Blood against the Wall a foot higher than the Floor nor any upon the Cloose-stool or any of the Shelves of the Closet whereas had my Lord cut his Throat standing on the Closet the Blood would have immediately gushed out of so large an Orifice five Foot at least wherefore that part of the Wall over against his Throat must have been very bloody but in this case there was none at all and therefore it could not be done standing neither did his Lordship do it kneeling for there was no Blood as high as his Throat as in that Posture would have then been and that his Lordship did it not lying along appears from the Position of the Razor for the Wound beginning on the left side and ending on the right the Razor must have been on the right side of the Body whereas it lay about fourteen Inches or more from the left G. All these self-Evidences might have appeared to the Jury upon their view and it 's very much they did not observe them T. What the Jury did and how they were managed you shall soon hear But I shall First take notice of the many Irregularities with respect to the Management of my Lord's Body the Chamber and Closet after my Lord's Death Secondly The false and malicious Suggestions by Major Hawley to the Jury to hinder the Discovery of the Truth and to influence them to the belief of my Lord's self-Murder And Thirdly The Oppressions Threats and Severities since used to avoid a Detection of this unparalled bloody Treachery First The Irregularities with relation to the Body Room and Closet after my Lord's
with Holland in the Robbery of Mr. Gatford for which both were condemned and the said D. executed but Holland pardoned that the said Holland was concerned in the murder of Arthur late Earl of Essex in which he was employed by the Earl of Sunderland upon this occasion viz. The said Mr. Holland one day waiting on my Lord Sunderland his Lordship seemed much disturbed with Passion upon which the said Holland told his Lordship that if his then coming to his Lordship had so discomposed him he would withdraw and wait on his Lordship some more convenient time whereupon my Lord said that he should tarry for it was not with him the said Holland that he was angry but with others and that he was concerned to think that of so many Servants his Lordship had made and been so very kind to he had not one he could trust or would serve him or words to that effect Upon which the said Holland replied He was then ready faithfully and punctually to observe his Lordship's Commands in any thing My Lord then discovered to the said Holland the designed Murder of the said Earl of Essex and would have the said Holland therein to be engaged to which the said Holland readily consented and that the said Earl's Throat was cut with a large Knife and not with a Razor And this Informant was then further informed That the said Holland had further declared to the said D. that some People were afterwards made away for blabbing what they knew concerning the said Earl's Death and that the said D. had charged the said Mr. Holland before several of their Acquaintance one day drinking together with what the said Holland had confessed to him the said D. as aforesaid and that he the said Holland upon his being so charged seemed much dejected but could not deny it This Informant further maketh Oath That one D.P. about three Years since did give this Informant almost the same Account with relation to Holland and D. And the said D.P. did further tell this Informant that when the said Holland and D. were committed to Newgate for Robbing Mr. Gatford the said D. P. went to see the said Holland in Newgate to condole his Condition But the said Holland was very cheerful and told him the said D. P. he was secure of his Life and likewise not to want Mony as long as the Earl of Sunderland was living The said D. P. did likewise then further tell this Informant That the said Holland as soon as he was committed to Newgate for the aforesaid Robbery sent to my Lord Sunderland for some Mony and that his Lordship sent him the said Holland 16 Guineas And this Informant hath been told by several that the said Lord Sunderland hath many times supplied the said Holland with Mony. L. I doubt not but Holland was well rewarded for this eminent Service and my Lord Sunderland obliged to stand his Friend under all Exigencies T. Sometime after my Lord's Death Holland drew in this Mr. D. a very ingenuous young Gentleman but infortunate in such his Company to be concerned in the Robbery of one Mr. Gatford for which both were condemned Holland of the two seemed far the greatest Criminal and therefore according to the reason of the thing had least hopes of Life but contrariwise he was very chearful and my Lord Sunderland extreamly kind to him beyond a common Degree of Favour insomuch as Major Richardson taking particular notice of his extraordinary Kindness to this profligate Fellow told one of my Lord's Gentlemen That it was not for his Lordships Honour to appear so much for one of the most villanous Character imaginable To which it was Answered that his Lordship had a great kindness for Holland upon the Account of my Lord Spencer to whom this Holland had formerly been a Servant L. There was certainly some further Reason T. His Lordship's Favour still continued to this Holland who afterwards being in Prison often writ to my Lord for Mony which was accordingly sent and sometimes would procure the liberty to go to my Lord Sunderland and some others for Mony of which the Person viz. one I.W. that went with him taking particular notice asked the said Holland How it came to pass that he could go with that freedom and assurance to my Lord Sunderland and those others and be so generously supplied with Mony at all times To which Mr. Holland made Answer Damn him ☜ he had done that Service for them that they durst not do otherwise L. Durst not do otherwise a very becoming Phrase for a Man of his Character to use with relation to a Person of my Lord's Quality This argues either some extraordinary secret Service done for his Lordship the Discovery whereof would tend highly to his Prejudice or else this Holland is a very impudent Lier but the first seems most probable considering my Lord's extraordinary kindness to Holland in Newgate as was before observed and his constant supplies upon all application T. I have been credibly informed by a Gentleman that was once a fellow-Prisoner in the King's-Bench with Holland that Holland did use to bring Letters he writ to my Lord Sunderland and desired this Gentleman to direct them in French pretending that if my Lord saw his hand he would not open the Letter L. I rather believe the Direction was to cheat my Lord's Servant who carried the Letter from the Messenger or Penny-post Man than to influence my Lord to read it T. This looks most likely I must confess this W. his once about three Years since saying to Holland it was much whispered that my Lord of Essex did not cut his own Throat but was by others taken off Holland said Damn him ☜ it was not a Farthing matter if twenty such were taken off L. A very fine Fellow for such Service he who declares It is not a Farthing Matter if twenty such were taken off by which he meant Murdered for 't was in Answer to the same he spoke it would not boggle much at the doing that villanous Murder especially considered that hereby he secured himself from punishment in his after-Villanies T. I remember very well a Gentleman told me that it was some Years since discoursed in Wales of which Country Holland is That Holland being asked how he escaped Punishment for Mr. Gatford's Robbery before taken notice of he Answered with his usual Phrase Damn him they durst not take him off for at the place of Execution he would have discovered how my Lord of Essex came by his Death but the Gentleman either really hath or pretends to have forgot who told him of it L. I find many Mens Memory in this Case ad placitum to remember or forget as they think fit G. I have heard of a Letter writ by Holland to the Earl of Feversham if I mistake not which Letter was read in the House of Lords and therein it was said that Mr. Braddon would have suborned Holland to swear in this
Case and as I have heard Mr. Braddon offered a confiderable Reward to Mrs. Holland and a Friend of Holland's to prevail with Holland to come in and take upon him this villanous Crime This if true was a very foul practice T. Yea if true it had been villanous and had deserved before God as great Punishment as the Murderers themselves For as in the Old Law Deut. 19.16 c. If any false Witness rise up against his Neighbour the Person forsworn when detected to be so was to receive the same Punishment the Man accused should have undergone in case the Charge had been true whether Tooth for Tooth or Life for Life c. This Law hath an innate universal Reason and it were not amiss if the same were with us enacted Now as the Witness himself doth deserve this Punishment the like in Foro Conscientiae doth the Suborner For if in our Law he that hireth another to poison stab or any other ways to murder a Man is justly esteemed Accessory before the Fact and shall undergo the same Capital Punishment the Principal shall suffer So do I think it reasonable that whosoever suborns a Person to take away the Life of any is before God guilty of the Murder of the Person accused equally with him that commits the Perjury and both are indeed according to the universal Reason of the Thing guilty of a more heinous Murder than he that cuts another's Throat seeing in this he corrupts Justice and by Perjury makes Justice which by God is designed and by Man used as a protection to the Innocent a Means to destroy whom in its own Nature it should acquit and protect If that Physician who to destroy his Patient maliciously poisons his Physick designed by Nature for the preservation of the natural Man deserves the worst sort of Death because he becomes so vilely treacherous how much more heinously criminal is he who by Subornation or Perjury corrupts Justice which Heaven enacted and Mankind flies to for a Security to the Moral Man. Wherefore with you I should concur in this Particular that Mr. Braddon deserves the worst Death could be contrived were he guilty of this indeed False and Malicious Charge But the truth of the Case I can in great part attest which is this viz. Mr. Braddon having some reason to believe Holland one of the Ruffians he did use all means possible for his Apprehension but he found that Holland lay very private and as he had reason to believe designed to fly beyond-Seas as his own Letter before-mentioned declared hereupon Mr. Braddon applied himself to some of Holland's Acquaintance and by them being brought to Mrs. Holland Mr. Braddon told her That he had reason to believe her Husband was concerned in this villanous Murder and herein he was confirmed by Mr. Holland's absconding for Innocence desires a Trial but Guilt still flies from Justice Mr. Braddon then told her That if her Husband were really guilty of this Fact and would immediately surrender himself ingenuously declaring how by whom and with whom and for what hired to do this barbarous Murder her Husband would have a general Pardon and both him and her provided for But if her Husband was innocent nothwithstanding whatsoever was said to the contrary and should take upon him a Crime for any advantage whatsoever of which he was not guilty he did deserve to be hanged here and damned hereafter seeing by his Perjury he would make Justice an Instrument of executing the worst of Murders But if he were indeed the Man and should surrender himself and discover the whole matter he must be sure to keep within the limits of Truth for should he be detected in the least Perjury no Man was more vigorously prosecuted nor any more severely punished than he for such his Perjury must expect to suffer These were the Arguments with which Mr. Braddon would have suborned as that Letter calls it Holland to a full Discovery and I do appeal to all the World whether admitting this to be true as it will be proved when occasion serves Mr. Braddon deserves this Villanous Charge for the Truth of this I do on Mr. Braddon's behalf appeal to the Consciences of Mrs. H. Mr. P. and Mr. S. with whom Mr. Braddon several times treated in this Affair G. If the Case were as you have represented it Mr. Braddon did nothing herein but what was consistent with a good Conscience and for which he deserves not the least Censure If I mistake not you said Holland did also go to others for a Supply as well as my Lord Sunderland Pray who were these T. Pardon me Sir if I name them not you will hear of them in convenient time G. Sir pardon the Question if the Answer be a secret T. It is enough that I give you Satisfaction in the General and I defire not to be press'd to answer all Particulars for it may not be proper G. I desire to know nothing which may either prejudice you to reveal or the thing it self by being revealed but esteem it as a great Favour you have been already so large and particular in the Discourse which hath given me great Satisfaction and will convince such as shall hear it from me L. A Convert G. Sir a Convert to Truth I rejoyce in being tho at the same time it 's not only mine but every good Man's Duty to grieve for these ill Men who are any ways concerned in this Villany especially considering to whom this looks related L. We see how it looks related ad Hominem and ad Rem and we are very glad this Author hath Abdicated and his Design is frustrated His Highness hereby thought to have made one great step towards the Accomplishment of what Heaven in Mercy hath delivered us from I think we can never for this be grateful enough either to God the chief Author or to our Soveraign his Instrument and those Right Noble and truly worthy Lords and Gentlemen that to the hazard of Persons and Estates embarqued on this Glorious Design which Heaven to a Miracle blessed with such a sudden and as to the manner without Blood unexpected Success T. But to return to the Jury from whence we digressed in pursuit of Holland and the Instrument of Death And to the second Particular viz. Hawley's unfair Practice with relation to the Jury to corrupt them into a belief of the pretended self-Murder Mr. Fisher did then further declare that he had been informed my Lord of Essex was a very pious good Gentleman to which Bomeny answered My Lord was indeed a very pious good Man upon which Fisher reply'd it was then very improbable he should be guilty of this the worst of Actions Major Hawley perceiving that the Jury were like to be infiuenced with my Lord 's true Character for such indeed his Lordship was as he was to Fisher represented and thereby made believe that my Lord did not cut his one Throat 〈◊〉 to what Major Hawley may be
reasonably presumed to desire they should find therefore to remove this and corrupt them into a belief of a Lie viz. The pretended self-Murder Hawley tells Fisher that it was his Mistake in my Lord that made him believe his Lordship such a Man for all those that knew his Lordship well ☞ knew this of him That it was a fix'd Principle in my Lord that any Man might cut his own Throat or otherwise dispose of his Life to avoid a dishonourable and infamous Death so that this Action was not unlike his Lordship but according to his avow'd and fix'd Principles This false and malicious Suggestion of Major Hawley which the Jury then did suppose to be true did very easily incline them to believe that my Lord had pursuant to this Principle cut his own Throat to avoid that Dishonourable and Infamous Death which his Circumstances seem'd to threaten L. What is this Hawley Could his Condition pretend to any Intimacy with his Lordship that he seemed so well to know my Lord's Principles in this matter T. Hawley now denies all and protests to their Lordships of this Committee that he was not nigh the Jury in the Victualling-House all the time of their Inquisition nor ever heard it said to be my Lord's Principle That any Man might cut his Throat to avoid an Infamous Death till their Lordships in this Committee told him so L. Sure the Major's Memory must be very short for there is hardly any Man of conversation in Town but must have often heard it so said it being a general discourse immediately upon my Lord's Death that such was his Lordship's Principle G. This I have been very often credibly informed and have heard it reported in all Coffee-houses and used as one and not the least Argument of my Lord 's having indeed cut his own Throat I do much wonder the Major should pretend that he never heard of it especially when he himself did suggest the same to the Jury and press'd it as an Argument of my Lord's Self-Murder I do not well understand this T. Gentlemen to me the reason of this is plain For when Major Hawley found that such a Suggestion was used as an Argument of his Guilt to avoid this Charge he doth not only deny his suggesting it but as a good Reason had it been true that he could not declared he never heard it by any said before their Lordships charged him with it that such was my Lord's Principle L. Major Hawley's denying that he did suggest this to the Jury or ever heard it said to be my Lord's Principle when the Matter is positively sworn against him ☜ naturally argues that this was a false forged and malitiously-invented Story by that bloody Party and Hawley the Man by them pitched upon as the most proper Person to corrupt the Jury the then proper legal Judges of the Manner of my Lord's Death with this treacherous and villanous contrived Suggestion so that the Jury might be more easily inclined to believe my Lord's Self-Murder upon evidence as inconsistent as false G. I do much admire Major Hawley should deny he was with the Jury at the Victualling-house if he were indeed there seeing his being with them there was no Crime and therefore needed no denial T. His bare being there needed neither denial or excuse but to avoid the Charge of what he falsely and treacherously did whilst he was there which he could never excuse he thought best in general to deny that he was with the Jury at all in the Victualling-house G. But this was very Foolish because the Major being so well known and it may be to all the Jury his being there could not but be remembred by many of them T. Almost all the Jury do remember him there and likewise the Coroner and Surgeons can't but know he was there G. The Major's denial therefore looks ill for if he had been there upon any lawful or indifferent Account he might have lawfully and innocently justified the same but his denial when proved so very false looks as though his Charge were too true T. The Jury had another Reason to remember the Major's being there with them at the Victualling-house for when some of the Jury moved for the Adjournment of their Inqusition till some further time and in the Mean while notice to be given to my Lord 's Honourable Relations that they might bring what Evidence they thought good L. This had been proper and it 's very customary for sometimes the Jury do not bring in their Inquisition in many days T. It had been both proper and practised in this Case had not Major Hawley prevented it G. How could the Major hinder it T. Hawley enters a Caveat by another villanous and false Suggestion ☞ for upon this Motion of the Jury Hawley with great earnestness assures the Jury they could not adjourn their Inquiry but must immediately dispatch because his Majesty Charles the Second had sent an Express for their Inquisition and would not rise from Council where he was then sitting till their Inquiry was brought him wherefore they must make all haste possible This the Jury believing they made more haste than good speed and so sooner than otherwise they would finish'd their Inquisition G. Doth Major Hawley remember this Messenger sent by his Majesty T. Hawley totally denies this likewise and in answer saith as before that he was not nigh the Jury at the Victualling-house and so could not thus hasten them L. Denies it is it not sworn T. It is L. Certainly the denial of a Criminal shall not ballance the Testimony of the Accuser T. Especially when the Person accusing is of a much cleerer and better Reputation in all things considered than ever the Person Accused can justly pretend to G. I am sorry for the Major whom I did ever think very Loyal L. His Old Court-Loyalty Obedience without reserve qualified him as a fit Instrument in this perfidious and villanous though then Court-Loyal Service I remember that a Popish Captain about two Years since declared He looked upon himself ☜ bound to obey without reserve his King in all Commands and swore his Loyalty was such that he would cut his Confessor's Throat when under confession if his Prince should so command him T. A thro'-paced Loyalist upon my word G. A Loyalist a Loyalist for the Devil L. Even such Loyalty those Men had which were imployed in my Lord of Essex his last Service G. I have been informed that Major Hawley hath declared He would go forty and forty Miles bare-foot to discover this Murder if my Lord were indeed murdered by others L. Verba Credam cum facta Videam Shew me thy Faith by thy Works T. That this Hawley was a Man who still thirsted for the blood of those brave true English Champions that opposed the late Court-Arbitrary-Designs and could afford those honourable Lords and truly worthy Knights and Gentlemen no better Titles than Rogues appears by what he declared
say they remember not These Gentlemen I perceive have likewise learn'd the Art of Forgetfulness so that they will remember nothing which may seem to reflect upon their Discretion or Integrity I would have some of these you have before mentioned set up a School to teach this Art never before found out by any T. I have heard of one of these Jury-Men who being asked what Cuts he did observe in my Lord's Right-hand answered Should he consess any it would reflect upon them L. And therefore this Gentleman was resolved to forget to reflect upon them I perceive this Gentleman doth not consider how his stifling in not owning what he can't but remember the Truth makes him in Foro Conscientiae accessory after the Fact to my Lord's Murder For whosoever there is that knows any thing which he believes in its Discovery might tend to the Detection of this most perfidious Murder and by his Silence endeavours to stifle it therein before God becomes consenting to that Fact as accessory to which at the last day he shall answer Our Law makes him accessory after the Fact that endeavours to conceal and convey any from Justice whom he knows guilty of such a Villany and for such his Crime he shall answer with the Forfeiture of his Life Now the reason of this Law I take to be this because such an Offender endeavouring to defraud Justice of its due by protecting his Life which by his Transgression became forfeited to the Law becomes consenting to the Fact and shall in his own Life become subjected to that Punishment the Person by him so conveyed away would have suffered when taken nay the Crime becomes not excused by the Person 's being apprehended after he is so concealed or conveyed away but the Person guilty hereof shall suffer the same Capital Punishment that is inflicted upon the Principal T. I wish all Men were such Casuists as to understand this and so good Men as to put it in Practice for you would then soon hear of new Evidence in this Case L. A Man needs not much Casuistical Learning to know so plain a Case T. In all your Heat you do not consider those Circumstances that might influence the Jury and deter them from doing what they ought in this Case L. What can plead their Excuse T. The great danger they had been under in finding my Lord murdered by others pleads for your and all Mens charitable Pity towards Men under such a Temptation L. Nothing ought to deter Men from an inviolable Observation of that Maxim before mentioned Fiat Justitia ruat Coelum T. The Observation of this is I must confess every Man's Duty but we find the fear of Death hath prevailed with the best of Men to swerve from their Duty to the highest degree He of the Disciples who in all appearance had the best natural Courage for he only wore the Sword and * John 18.10 used it in the greatest Dangers had the †Mat. 14.29 highest degree of Faith was the ‖ Mat. 16.16 first that explicitly owned our Saviour and declared when fore-warn'd of his Denial that tho all Men deny'd our Saviour he would not nay tho he were to die â—â—t 26.55 he would stick close to his Faith this very Man once under all these Advantages in the midst of his Presumption was at last hector'd out of his Faith by a poor silly Kitchin-Maid thrice denying the Lord of Life tho' even then before his Face and after his Reflection upon his Fault and his weeping bitterly he had not Courage enough to appear own and suffer with his Master as before he declared he would do rather than deny him Such Instances as these should teach us all Pity towards those that fail in their Duty under the like Temptations and likewise those that stand should take care lest they fall G. I have been often told by a Merchant who many Years lived in Genoa That when some young Noblemen upon a small provocation in the midst of the Street have murdered others they have upon the Spot immediately aloud declared That whosoever should say they did it should not long remain their Debtor By which the standers-by were given to understand that whosoever should discover them to be the Men must expect to fall Sacrifices to their Revenge or the Revenge of their Party and they fail'd not to perform what was so threatned T. Little less in this Case was done as some have felt by woful Experience who by their Expressions in detestation of this Murder had exposed themselves to the malicious fury of those Men who never stuck to add Blood to Blood to prevent a discovery of the first and carry on their devilish Interest And this brings me to the last general Consideration viz. The Backwardness of the then Government and the many Threats great Oppression and barbarous Cruelty that hath been used to prevent a Discovery of those barbarous and bloody-minded Men with other Particulars which seem to argue my Lord's being villanously murdered I shall first speak to the Backwardness and Oppression of the Government in this Case And Secondly To such other Particulars as may be used as Arguments of this treacherous Cruelty For the first viz. The Backwardness of the then Government and the many Threats great Oppression and barbarous Cruelty that hath been used to prevent a Discovery of these barbarous and bloody-minded Men. When Mr. Braddon went to the Earl of Sunderland then Secretary of State the very next Thursday after the Death of the late Earl of Essex and carried with him the Information of William Edwards and his Mother ready writ but not sworn my Lord Sunderland seemed much surprised upon reading of them and indeed he had reason to be surprised if he stands so related to the Matter as he is now suspected to be and then in some heat asked Mr. Braddon Who bad him bring those Things to him To which it was answered That Sir Henry Capel had desired it Upon which my Lord ordered Mr. Braddon to come the next morning and bring the Parties concerned saying If it were proper he would take them L. I can't but here observe that Anger and Heat you say my Lord Sunderland was in when these Informations were as above delivered as though it had been a Matter which did not properly belong to him and therefore unless it were proper he would not take them The Secretary is angry that he was troubled with the Business and yet the Court of King's-Bench at Mr. Braddon's Trial said That Mr. Braddon had done well if he had first gone to the Secretary of State. G. But Mr. Braddon first tried several Justices of the Peace T. That did not then appear to the Secretary of State wherefore the Secretary thought that an Impertinency in Mr. Braddon which the Court of King's-Bench called his Duty L. If it were proper my Lord Sunderland would take them Certainly the Inquiry after a Murder is proper
aforesaid this present Two and twentieth day of August 〈◊〉 taken upon Suspicion of being a dangerous and ill affected Person to the Government and for refusing to give an account of his business in these Parts and for having Letters of dangerous Consequence about him These are therefore in the Kings Majesties Name to will and require you that upon sight hereof you receive him the said Lawrence Braddon into your Goal and him there safely keep not permitting him to have Pen Ink or Paper or Person to converse or speak with him until you shall receive further Orders from His Majesty and Privy Council Hereof you are not to fail at your peril Given under my Hand and Seal at Bradford this 22th day of August aforesaid Anno Regni Caroli Secundi Angl. c. 35. Anno Dom. 1683. Mr. Braddon told the Justice the Warrant was illegal for should the Goaler never hear from the King and Council he must be kept a perpetual Prisoner Warrants of Committment ought to conclude Till he be discharged by due Course of Law. But the Justice having Mr. Beach and some Attorneys of his own Judgment declared he would justifie the Warrant and under this Warrant Mr. Braddon lay in Wiltshire Goal about a Fortnight and was then removed by Habeas Corpus upon the Statute to be bailed All the Judges being out of Town he was according to the Statute carried before my Lord Keeper North then in Council when Mr. Braddon was first brought before his Lordship my Lord Keeper smil'd thinking he had got such a hank upon Mr. Braddon and his Friends as would ruine both and told Mr. Braddon notwithstanding Self-respect might weigh but little he thought that he would have had such just regard to his Bail as not to have ruin'd them by those things then to be laid to his Charge To which Mr. Braddon answered That the only thing required of his Bail was his Appearance the next Term which he should God willing do and thereby Indemnifie his Bail. No replied my Lord Keeper smiling the Good Behaviour in the mean time was likewise required and that hath been notoriously broken by this new Offence To which it was answered That there was no Good Behaviour at all required and for the Truth thereof Mr. Braddon appealed to the Bonds themselves taken as you have heard before the Secretary of State upon search it appeared his Lordship was in the wrong upon which my Lord Keeper North seemed very Angry with Secretary Jenkins that the Good Behaviour was here omitted but the Secretary said it was the Omission of his Clerk and it was I believe the only Omission of that nature that had happened in those times for the Bonds then taken by the Secretary of State in their Condition concluded And in the mean while to be of the Good Behaviour but in Mr. Braddon's Bond this Clause was intirely left out L. Why could they make that a breach of the Good Behaviour which a man was naturally bound to do for his defence T. Without doubt the then times would have made Mr. Braddon's going into the Country c. to be a Breach of this Clause because they did at his Tryal charge him with it as a Crime and therefore most certainly would have adjudged it Contra bonos more 's and so a Forfeiture of the Bonds Mr. Braddon desired my Lord Keeper that such Persons might be sent for out of the Country as had heard the report of my Lord of Essex having cut his Throat before his Throat was indeed cut Upon which an * Mâ— H â— best 〈◊〉 Bradâ— remeâ—braâ—â—â— Eminent Lord then said This is just as it was in the Case of Sir Edmond-Bury Godfry My Lord Keeper demanded of Mr. Braddon Bonds 〈…〉 in 12000 l. himself and his Bail for his Appearance and other Bonds himself and Sureties in the like Sum for his Good Behaviour saying He would have as good men Bound as though he were to lend the Money out of his Pocket These Demands being so very unreasonable Mr. Braddon desired his Lordship that his Lordship would be pleased to consider the Statute upon which he came to be Bailed and that his Lordship would according to the Statute take such Bail as the Quality of the Person and Nature of the Offence required Mr. Braddon did farther declare That he was a Younger Brother his Father living and his Relations and Friends almost two hundred Miles from London To which my Lord Keeper answered That as the Statute required so he did consider his Quality for his Crime was such that had he been an Alderman of London for every 6000 l. he would have demanded 20000 l. so that his Lordship would then have had 80000 l. Bonds in Bail and Suretyship twice as much as ever was given for any Noble-man in England for any Offence whatsoever L. What was this Heinous Offence Is the bringing Murderers to Justice a Reflection on the Government Certainly the Government 's becoming a Skreen to such perfidious Villanies and thus prosecuting and punishing him that would have detected them is a Case without President and so Notorious a Breach of the Rules of all Common Justice that I knew not a more Impudent Bare-fac'd and Villainous Instance T. Mr. Braddon not being able to comply with these high Terms was remanded by my Lord Keeper to Wiltshire Goal but before the next Morning advising with some Lawyers he was told the Good Behaviour could not be required and that Bail to answer the Cause of the then Commitment was all that could be demanded Upon which the next Morning Mr. Braddon desired his Keeper to carry him to my Lord Keeper's House in Great Queen-street for he did hope his Lordship would not continue to insist upon the Good Behaviour which the Statute required not Mr. Braddon was accordingly carried but the Goaler went first to his Lordship and informed my Lord Keeper upon what account he had brought Mr. Braddon once more before his Lordship my Lord then said ☜ he neither had or could demand the Good Behaviour and then sent for Mr. Braddon and declared as before Whereupon Mr. Braddon perceiving his Lordship in a better Humour than the Night before desired his Lordship to accept of such Bail as he could give which with what he was before under by Bonds before the Secretary of State for the same Offence in Effect would amount to 10000 l. my Lord Keeper declared he could not at his House alter what was agreed upon at the Council but the Goaler should bring him down to the Council that Afternoon and if it could be done he should be then Bailed About Eight of the Clock that night Mr. Braddon did accordingly go before the Council where his Lordship was so far from Bailing him upon the Terms by him offered ☜ That his Lordship renewed his Demand of his former Bonds in 12000 l. for the Appearance and 12000 l. more for the Good Behaviour notwithstanding that very Morning
much to value the Vogue of the People For accordding to the Poet Conscia mens recti famae mendacia ridet G. What this Author saith in the next Verse may be too truly applied to this corrupt Age who are so very apt upon the sleightest and sometimes without any Grounds to take up a reproach against their Neighbour Sed nos in vitium credula turba sumus But to proceed T. The Lord Chief Justice and the Kings Council often in effect declared if my Lord was Murdered by others the King and Duke had an hand in it Some of these Gentlemen must shortly deny their own Conclusions from the same Premisses or else maintain from the Earl's being proved Murdered that the Duke had a hand in it The Jury in this Case were twice well treated with a plentiful Entertainment and that which to some of them was much more grateful viz. three Guineas a Man so that Guilty came to a better Market than Not Guilty would have done by two Guineas a Man. L. Did the King always pay the Jury when they found for him T. No but upon such Services they did not go unrewarded L. Some of these Mercenary Men which were corrupted to go contrary to Evidence will certainly meet with a reward hereafter which will teach them by woful Experience what it was thus to put to Sale first their own Consciences and then in the Corruption of that to sell the Property Liberty and Life of their Fellow Subjects chiefly to gratify that Blood-thirsty-party which so eagerly pursued the Destruction of all that stood in their way to those vile Designs then carrying on for the Ruin of both Church and State. I am apt to believe so Charitably of some of these Jury-men tho too Active in such Services that they did not foresee the Tendency of these things but were blindly and not maliciously hurried on the Knaves leading the Fools to those things which some have long since repented But pray what was this Jury T. As for the Foreman Sir Hugh Middleton Baronet as I have been credibly informed he declared himself a Papist soon after King James came to the Crown and then said he had been a Roman Catholick in his heart for many years L. Mr. Braddon had like to have Justice done him by such vile Hypocrites who continue in appearance of a Church that they may have the better opportunity to serve their Party Were any other of the Jury of the same Character T. I do not hear that any besides this Gentleman turned Papist and I do hope some of these have seen their Error in this unjust Verdict found without the least Colour of Evidence for all the Witnesses did acquit Mr. Braddon from giving offering or promising one Farthing to them to give their Testimony in the Case Upon this unjust Conviction Mr. Braddon was fin'd 2000 l. and Mr. Speake 1000 l. and the good Behaviour required during Life Under this corrupt Oppressive Judgment Mr. Braddon lay till the Prince's coming who remov'd such Oppressions and as the late Motto hath it Veniendo restituit rem For as the Government was restored by his happy Arrival and as sudden as just Success so was this Gentleman's Liberty procured who had no hopes of being ever forgiven for I have heard him say That about August 87. Graham and Burton came over to the Kings Bench in order to the Discharge of several of the Kings Prisoners A List whereof with the Causes of their Imprisonment was produced to Mr. Braddon who finding only his own Name cross'd and that twice cross'd he did ask Mr. Burton how his Name became the only Name so mark'd To which it was answered That His Majesty had ordered a List of his Prisoners in the Kings Bench under Fines to be brought him ☞ and that very List was accordingly taken and carried to His Majesty then in the Camp but his Majesty immediately upon sight of his Name called for a Pen and Ink and with his own Hand so crossed it L. By this it was plain this Gentleman was the most obnoxious to His Majesty and had no Reason to expect any Favour G. It had been for the King's Interest to have pardoned all His Prisoners and not ruined so many in burying them alive which caused no small Reflection on His Clemency L. The Kings prosecuting with an irreconcilable Hatred this Gentleman made the World justly conclude that this Gentleman suffered his Imprisonment not for his own Guilt but for the Guilt of others who would therefore never be reconciled for had not others been Guilty of this Blood Mr. B. would never have been thus injuriously dealt with nor his Offence if it may be so called kept in such an hateful Remembrance T. A Gentleman of good Interest in the late times told Mr. Braddon he must never expect to be forgiven because he had cast Blood in the King's Face which none else had done L. His Late Majesties thus marking this Gentleman out as an irreconcilable Object of his Dipleasure was more used as an Argument of His Majesties Guilt in that matter than any thing I could ever find in Mr. Braddon's Tryal for tho what is there proved satisfied me my Lord was Murdered yet nothing Sworn appeared directly against His Highness But the Government becoming as it were Parties to this Charge by their appearing in such an extravagant Method of pretended Justice against the Prosecutor of this Murder as tho my Lord could not be Murdered but the Government must have an hand in it This made Men of Consideration conclude that had not Persons of the greatest Character been chief in this execrable Contrivance the Government had never thus extravagantly been hook'd in as Particeps Criminis in case my Lord were by others Murdered to punish him who would have legally Indited such as the Government ought with an Indignation due to the most barbarous complicated Murder to have prosecuted even unto Death T. If a Government shall answer for the Blood of the Party Slain when no Inquisition is made by the proper Magistrates in order to a Detection How much more shall that Government appear Criminal that instead of making Inquisition for Blood became Advocates and Defenders of the Blood-Guilty and in a violent unpresidented Method of falsly call'd Justice ruin him who did humbly offer the Matter to a judicial Consideration G. The Government had made Inquiry by the Coroners Inquest and therefore how could the Government be blamed for any neglect T. Those concerned in this barbarous Fact intended to use and indeed did the Coroner's Inquest which the Law designed as the means of discovery of a violent Death as the means to prevent the Detection of this Villany for having prepared a couple of Treacherous and Perjured Varlets Bomeny and Russel I mean to misinform the Jury as to the pretended manner of Death instead of discovering the Truth which would have render'd themselves obnoxious to Punishment they villainously contrived a Story
or rather repeated their Instructions for without doubt the Information to be given the Jury was likewise agreed upon before my Lord's Death so that these Forsworn Caitifs might not be to seek in their Information when they came to Swear which would have soon discovered this bloody Treachery I say repeated their Lesson and with this Forgery misled the Jury who were too easily impos'd upon Now though the Government is not so much to be blamed in this Coroner's Inquest which Inquest by the way in all respects can never be justified yet as to the Governments standing by this Inquisition as what was to remain like the Laws of the Medes and Persians without alteration This is what all the World justly condemns it for You can't but be so much a Lawyer and Historian as to know that the Coroner's Inquest is not conclusive and final but may be contradicted and almost dayly is sometimes the Coroner's Inquest finds Men to have died of a natural Distemper which after appear to have been barbarously Murdered To give you one Instance for many Sir Thomas Overbury whose Case in some respects runs parallel with this was by the Coroner found to have died a natural Death but as soon as that Faction which had treacherously Murdered him declined in their Interest it appeared this unfortunate Gentleman was treacherously Murdered by others When this Murder of Sir Thomas Overbery was first detected King James the First was far from thinking the Prosecution of that Murder a Reflection on the Government though there was the same reason in Law for that as this seeing in that the Gentleman died in the Custody of the Law and the Coroner found the Person to have died of a natural Death and in this a Felo de se Now seeing the Contradiction of the Coroner's Inquest was the Foundation of Mr. Braddon's Information there was the very same ground for the like Prosecution of those that did detect Sir Thomas Overbury's Murder but instead of prosecuting the Prosecutor King James the First at Royston laid the highest Injunction imaginable on all the Judges diligently and impartially to prosecute this Murder for in the midst of his Judges his Lords and Gentlemen then likewise surrounding him he used these words My Lords the Judges It 's lately come to my hearing that you have now in Examination a business of Poysoning Lord in what a most miserable condition shall this Kingdom be the only Famous Nation for Hospitality in the World if our Tables should become a Snare as none could eat without danger of Life and that Italian Custom should be introduced amongst us Therefore my Lords I charge you as you will answer it at that great and dreadful day of Judgment that you examine it strictly without Favour Affection or Partiality and if you shall spare any Guilty of this Crime God's Curse light on you and your Posterity and if I spare any that are found Guilty God's Curse light on me and my Posterity for ever Such was His then Majesties great Zeal for the Detection and Punishment and his just Abhorrence of this treacherous Murder which he then expressed upon the first discovery of that barbarous perfidiousness But this Case is under much higher Aggravations for That Gentleman was only charged and that in truth with a refusal of the King's Command in not going on that Honourable Embassy which would have been both for his Honour and Safety so that his was a Sin only of Omission But this Noble Lord was maliciously and falsly accused of the Blackest Treason viz. Conspiring the Death of the King c. That Gentleman's Reputation was not murdered with an Imputation of Self-murder But This Honourable Peer was murdered both in Person and Reputation and by the Perjury of the most perfidious Varlets corrupting the Law they villainously transferred the Guilt from those really Criminal and placed it on him whom they had before by their privity and consent treacherously and barbarously Murdered That Gentleman's Murder center'd in himself But the Murder of this Honourable Person was immediately appli'd to the Murdering of another Honourable Lord whom they were then by their Instruments not so much corrupted with Malice as blind Obedience villainously haranguing out of his Life under form of Law and colour of Justice and many more since murdered to avoid a Detection of this their first most cruel and barbarous Treachery Justice zealously espoused the Prosecution of that worthy Gentleman's Murder but Justice here became Corrupted and Retrograde for instead of encouraging and Prosecuting the Murderers it discouraged prosecuted and ruined the Prosecutor That Food which should have sustained the Natural Man was tainted with a natural poysonous Composition and became or at least was there designed for he was stifled between the Pillows and died not of the Poison the means of that worthy Knight's Destruction But Justice which supports the Moral Man was here twice vitiated first by Perjury and Treachery in those vile perfidious Caitifs before the Coroner and the second time by Perjury in the same cruel Miscreants in the Kings-Bench Court at Mr. Braddon's Tryal and the then bare-faced Wresting of Justice thorough the irreconcileable Malice of the Chief Author of this Murder and the groundless and illegal Prosecution Conviction and Punishment of him who did endeavour by proper legal Methods to detect this hellish complicated Villany I shall follow this Comparison no farther but appeal to all the World whether the latter of these two Murders is not aggravated with far higher Circumstances than the former And as Justice after some time overtook those that perpetrated that treacherous Cruelty so I doubt not but God in Justice will shortly bring to condign Punishment some though not all of those concerned in this not to be parallel'd piece of barbarous Cruelty L. The hard measure Mr. Braddon met with was more to deterr him and others from this Prosecution than to punish him for what he had done T. That I believe and my Lord Keeper North who wanted not Words and plausible Insinuations upon all occasions represented to Mr. Braddon the great Danger such Practices would bring upon him To which it was answered by that Gentleman That he hoped he had done nothing therein but what he could answer to God and his own Conscience and fâ—r the Danger he did not fear for he did hope that neither Danger nor Death should deter him in the way of his Duty in which he could as chearfully depart this Life at Tyburn in a Halter as in his Bed of a Fever L. I believe Mr. Braddon did not expect to be very kindly received by the then Court. T. He had no reason to believe he should by them be made very welcome and he was so told by many of his Friends which therefore disswaded him from proceeding But to such he did generally give such answers viz. That he could not but expect what they did seem to fear would befall him nevertheless it should not
of Sir Edmund-bury Godfrey Such means as these would have been likewise in this case used if such who then misled Charles the Second and corrupted the State had not been the deepest in this black Contrivance G. This Letter I perceive mentions some other besides His Highness Pray who was else named T. In this I desire your Pardon but of the Name and Person you may hereafter hear G. Sir I desire to know nothing but what you are very free to tell T. Some things are not convenient to be spoken of till a more convenient Season G. I shall press to know nothing which may disserve this Discovery by being divulged What Religion was this Bomeny I have been informed he was a very good Protestant and one that my Lord had a great kindness for It 's much this Fellow if a Protestant could be prevailed with to connive at so Horrid a piece of Cruelty T. Bomeny's Religion was like many other Mens to be managed and changed in shew according to his Interest but cordially I do believe him still a Papist Whatsoever opinion my Lord might have of this Fellow as to his Faithfulness I am very well satisfied this Villain was engaged before my Lord was brought from his Country-house in this treacherous Murder for as my Lord was in the Custody of the Guard and bringing through Watford when all my Lord 's other Servants and even the whole Town were in Tears for his Lordship's Trouble this Judas rid smiling and talking of French with some of the Guards L. In hopes that within some short time he should receive more for his Perfidiousness than his Service might expect in many years But these Gains were his greatest Loss for what more ready way could he have taken to Destruction here I don't say against that he was secure enough but hereafter and what would it profit this Varlet to gain the World and lose his own Soul T. As for his Religion you may conclude it belonged to that Church whose Garments are dipped in the Blood of the Saints and that this Fellows Religion was really such tho in appearance he seemed otherwise may reasonably be concluded from this Story of which I have been credibly Informed The Protestant Minister where Bomeny lived in France after my Lord's Death prest Bomeny very earnestly to deal ingeniously in this Case for the Minister declared he was very well satisfied my Lord of Essex was Murdered and he was well assured that Bomeny must know it therefore the Minister protested he was not free that Bomeny should come to Church much less be admitted to the Blessed Sacrament till in this matter he had discharged himself Bomeny finding himself thus pressed by his Minister thought it best openly to profess what he was and the very next day declared himself a Papist L. That Priest to whom he should confess this Murder would be so far from enjoyning him a Penance that he would commend this action as Meritorious T. It was indeed for the Advancement of that Church so often drunk with the Blood of the Martyrs and the Stones of which Church are Cemented with the Blood of the Saints G. Then this traiterous Varlet who betrayed the best of Masters was only in shew a Protestant that thereby he might have the better opportunity of serving a Church which did ever by bloody means advance its Interest L. It 's very probable this vile perfidious Fellow was a constant Spy upon my Lord but when that Service was to have an end by the Destruction of his Person then was this barbarous Villain to finish his treachery in being Privy to the most astonishing Piece of complicated Cruelty and after that to Crown and Conceal this cursed Butchery Perjury was to be added so that this Murder might be laid to my Lord 's own Charge as well to destroy this Honourable Lord's Reputation as to protect those cruel Miscreants who had before perfidiously Murdered his Person G. Sir I am very glad you have thus given Mr. Bomeny's Character for I am very well satisfied that an Eminent Doctor for whom I am sure you have a very great Reverence believes quite otherwise of this Fellow for I have heard the Doctor give this Bomeny a very good Character which I do suppose he had only by Information and by what Relation this fellow did give the Doctor he was strongly perswaded that my Lord did it himself tho I am sure no Man would be more readily convinced upon good Ground than this Doctor would neither would any living be more zealous in a just Prosecution if once he had good Grounds to proceed upon which I can now soon furnish him with and Answer those very Objections which so much influenced the Doctor to a disbelief of my Lord 's being treacherously Murdered and one of his Reasons for the Self-murder was this Soon after my Lord's Death Mr. Bomeny that treacherous Villain of whom I cannot think with Patience gives the Doctor this Account That his Lord did use to be taken with sudden frenzical Passions and in particular with one that Morning just before his Death For said this vile Judas As soon as my Lord saw my Lord Russel go to his Tryal he struck his Breast and said himself was the cause of my Lord Russel 's Misery seeing he had vouched for that Gentleman whose Treachery would prove my Lord Russel 's Ruin c. and hereupon fell almost Distracted But I perceive this Story is intirely forg'd For the Jury here swear that this very Fellow to them the next day after my Lord's Death upon Oath declared My Lord was as chearful and the Night before eat an hearty a Supper as he did ever see him in his Life And gives them no Account of this treacherous Forgery nor any thing like it but all in Contradiction to it This appears by his first Oath T. It 's very probable at Mr. Braddon's Tryal he would have forgot this part of his Lesson had not the Attorney General whether out of any ill Design or according to Mr. Burton's false Instruction I know not put him in mind of this particular for when Mr. Attorney said Did you observe your Lord Melancholly Mr. Bomeny L. Without doubt Mr. Bomeny understood what Answer he was to give to this Question T. Yes And followed not the truth but in part tho very imperfectly his Instructions â—…don's â—… p. For Bomeny said Yes he was Melancholly but we took no notice of it for he did use to be so and we had no reason to suspect any thing more than ordinary L. Observe now how different or rather contradictory this Answer is to that Relation this perjured Villain gave this Doctor and both destroyed by that Account he upon Oath the vey next day after my Lord's Death gave the Jury for he then swore his Lord was very chearful had the Relation given the Doctor been true how ready would Bomeny to this Question have given it in answer and what an
Harangue thereupon would my Lord Chief Justice at this Tryal have made G. I am very well satisfied the Doctor will soon be convinced of the falseshood of that Relation which Bomeny as before gave him when he doth once find that it stands in Opposition to what he hath twice deposed L. Whosoever this Doctor be of whom you give so good a Character if he shall pretend to believe the Account Bomeny gave him when it thus stands in Contradiction to those Relations Bomeny hath twice given upon Oath he is not deserving of that fair Character but may justy be suspected as one prejudiced in this Matter against the truth which maugre all Opponents will one day and that speedily shine through all Clouds of Opposition which the Malice and Oppression of some and Impudence of others have raised against But blessed be God as 't is the Duty so it hath been the Practice of this Government to incourage this Prosecution T. Let the Doctor but reconcile the several Contradictions of Bomeny's Informations given the Coroners Jury and at Mr. Braddon's Tryal before at large observed and I will then reject all other Evidence and believe with the Doctor That my Lord did indeed cut his own Throat but till then I must beg this Doctor 's Pardon if in this matter I will not admit of his belief as a Rule for mine L. I do very much wonder that this Reverend Doctor should in the least be influenced by what this Bloody Rascal told him for that 's allowing a Villains being Evidence in his own Case which no Law will admit in Opposition to what is Sworn Now seeing this false Fellow was to lay the Murder at my Lord's Door or take it upon himself either as Privy to it or Acting in it I think his 〈◊〉 ought scarce to be received De bene esse as the Lawyers term it that is to be believed or disbelieved as upon farther Inquiry it shall seem to deserve Credit S. If all these Contradictions before observ'd between Bomeny Munday and Russel had appeared to the Coroners Inquest they ought upon these only to have quitted my Lord from that perfiduous imputation of Self-murther and laid it at the door of those Treacherous and Cruel Men who by their Perjury which so plainly appeared in these gross Contradictions villanously and falsly charged his Lordship with it T. In the History of Susanna it 's related That Daniel standing in the midst of the People said Are ye such fools ye sons of Israel that without examination or knowledge of the truth ye have condemned a Daughter of Israel verse the 48th The People had received the Accusation of the Elders whose Qualifications gave no small credit to their Evidence for it 's said verse the 41st The Assembly believed them as those that were the Elders and Judges of the Land. Nevertheless Daniel justly condemned the Assembly for pronouncing rash Judgment without examination or knowledge of the Truth In this Case an Accusation was not to be admitted for truth without strict examination of the matter and such scrutiny was proper as was a-part so that one might not hear the relation of the other and thereby be enabled to agree in their Evidence which without doubt they would had they been examined together If the Testimony of these two Elders were to be throughly sifted by a strict judicious and separate Examination how much rather the Relation of Bomeny and Russel in this Case for in that it did not appear any other ways than by the defence of the Accused that there was the least malice in the Accusers or that their Interest much less their Lives before the Charge depended on the truth of the Fact for these Elders had suffered nothing by Susanna's Innocence provided they had not falsly and maliciously testified against her But here it was plain to every man's understanding that these two Mens Bomeny's and Russell's very Lives lay at stake for most certain it is That such as were in the Chamber and kept the Chamber-door the Chamber not being above 14 foot square and no other way in or out must be either acting in or privy to this Barbarity if such it were for this very reason this Coroner and Jury should have been very inquisitive and scrutinous in their Interrogations and taken all care possible that the one should not have heard or been informed of the Examination of the other by which they would have found these two in greater incoherences and contradictions if possible than they are now guilty of G. Indeed it 's a great wonder they did not agree in every particular considering how fair or rather favourable the Coroner and Jury were to them T. In the History of Susanna you find in the Charge not the least incoherence besides one Contradiction and that only as to the place where but In this Case how many and how notorious Inchoherences and Contradictions have been observed in several respects and therefore how much more rational is it to conclude as the Assembly did in that Case verse the 61st That these Witnesses are convicted out of their own mouths by those many and those so very notorious oppositions in their Testimonies G. In the Contradictions of these Sinners there is a clear discovery of their Sin and may they receive the just fruits of this their Treachery which so plainly appears by the many oppositions in their Relations L. I must confess I never saw so short an Account thus cramm'd with Contradictions I do find the common Observation is herein verified viz. The contradiction of Sinners is the discovery of Sin and I think no impartial man who shall hear these Contradictions but must be satisfied neither of these spoke true and he that through the excess of his Charity for these three Villains or their Master or his Folly or rather somewhat of a worse and different nature from either shall in Coffee-Houses and other publick Places make it his business to weed out these Contradictions to reconcile these three Mens Relations in the main so that my Lord may still be thought a Self-murderer and yet at the same time object against my Lord's being Murdered from every Colour of incoherence in case any had happen'd which I believe there hath not tho about Sixty in this Case have been Sworn in the Evidence to prove my Lord's Murder I say whosoever appears thus Partial gives great Cause to be thought and censured as very Corrupt and one whose Zeal is greater for the chief Author of this Murder and his bloody Party than for either Truth or Justice But to return to this Reverend Doctor of whom you were speaking Can the Doctor think that this Fellow who was immediately attending upon my Lord at the time of his Death and hath as before plainly appears by their Contradictions with two others forged a Story to transfer their own and others Guilt upon his Head whose Throat they barbarously Cut or permitted to be Cut I say
How can this Reverend Doctor now give the least dram of Credit to this persidious Fellow G. Sir I do assure you I shall as in Justice bound do the Memory of this Honourable but unfortunate Lord what Justice lies within my Power and in particular shall endeavour rightly to inform this Learned Doctor with the whole State of the Case and if once he be convinced as he can't but be if he believe what is herein Sworn and so strongly confirm'd his belief will soon draw many Proselytes But I do admire Mr. Billingsly this unfortunate Lord's Steward should seem to disbelieve it T. This Gentleman of whom you now speak hath great reason from what himself knows to believe my Lord was Murdered G. What Reason in particular I pray Sir T. From what Bomeny told this Gentleman he might safely draw that Conclusion for Mr. B. the Sunday or Monday after my Lords Death asking Bomeny how long my Lord lay Dead before he was known to be Dead he declared above two hours upon which Mr. Billingsly as he justly might was very angry with Bomeny for leaving my Lord so long alone Now by comparing this Relation to what was Sworn he must have found it a point-blank Contradiction for Russell deposed it was not half an hour from the time of the Razor 's being delivered by Bomeny to the time of their finding my Lord Dead in his Closet so the one Swore it was not half an hour and the other said that it was above two hours and this declared within two days after the Fact and so may be supposed to be fresh in his Memory it 's plain that one of these two was false in his Information and seeing these Mens Ralations were to acquit themselves as well as charge my Lord it might be reasonably concluded that both were false and all forged as it now plainly appears by comparing these Mens Relations so full of Contradictions together G. I have Reason to believe That the Right Honourable the Countess Dowager of Essex hath been extreamly deceived by what this Mr. Billingsly informed her Honour for I have been told that this Gentleman pretended to the Countess that the very Night before my Lord's Death he being with his Lord his Lordship seemed extreamly disordered in his Mind and he took the more notice of it by his commanding him to sit down and drink a Glass of Wine with him which made Billingsly believe his Lordship was somewhat crazed and therefore he was inclined to think what he was sorry to say viz. That my Lord committed that Violence on himself If this report be false Mr. B. ought to vindicate himself and therein clear his Lord from this Suspicion of being delirious T. Sir I have little reason to give Credit to what this Steward saith seeing as I was informed by one of the Family he made Oath before my Lord Sunderland That he did believe my Lord did destroy himself whether this be true I know not but of this I am very well assured That this Mr. Billingsly tho he hath got so many thousands by this Family would not in the least engage with Mr. Braddon in this Prosecution nay at last was so far from it that he did refuse to see Mr. Braddon pretending that he did believe Mr. Braddon was a Court-Engin used by the Court for the further Ruin of that Honourable Family whose Misfortunes were before greater than could well be born so that the Court might have a farther opportunity to Prosecute and Ruin the Survivors of his Unfortunate Lord. This was the Substance of this Gentleman's Suggestion L. For this Suggestion Mr. Billingsly had not the least Colour and I do believe this he declared only to avoid being thought backward in that Prosecution which the highest degree of both Justice and Gratitude obliged him to engage in Tho this Mr. Billingsly by this Honourable Family had well feathered his Nest his Gratitude was not such as in Service to the Memory of his Murdered Lord and his Honourable Relations then surviving to hazard any part of the Estate he had got under them and that he might not be thought ingrateful he buried his Ingratitude in the Blood of his Lord by false disingenuous and base Insinuations T. If Mr. Braddon was the late Courts Instrument I am sure he was very ingratefully served to be so violently Prosecuted unjustly Convicted and Sentenced to his perpetual Imprisonment for such would it have been to him had it not been for this providential Deliverance L. There are a sort of People ingrateful as they are that will Sacrifice the Honour of their greatest Benefactors rather than themselves should be thought ingrateful And of this sort are many that have been preferred by this Great but Unfortunate Lord for I have heard of few that were imployed under him that would heretofore in the least seem to countenance this Prosecution But I think my self bound in Justice to vindicate one in particular from being thought ingrateful to the Memory of his Murdered Lord. The Gentleman I now speak of is one Mr. E. who in the worst of times hath gratefully endeavoured to rescue the Honour of his Lord from falling under this false Imputation of Self-murder and as I have heard Mr. Braddon often declare was very ready to assist him in any thing when this Murder was first Prosecuted T. Your naming this Honest Gentleman puts me in mind of one particular which I have heard him often aver the Truth whereof I do not doubt and this Truth seems to destroy that great Objection That my Lord was afraid he should according to his pretended Guilt be brought to Condign Punishment for the avoiding whereof he laid violent Hands on himself this was as before observed often in effect said at my Lord Russell's Tryal and likewise at several other times The Story is this When my Lord Shaftsbury my Lord Howard c. were last Committed this Gentleman â—â—e of General Conversation having heard the Court designed likewise to Commit my Lord of Essex and to take off many in form of Law or rather that which they falsely called so went to his Lordship and informed him of what he had been told and humbly submitted it to his Lordship's Judgment whether it were not proper for some time to withdraw till the Fury of the Court by time was a little appeased this Gentleman told his Lordship He found by the Papists that they did design to destroy several and his Lordship being to their Arbitary and Popish Designs as great and profest an Enemy as any he did fear his Lordship might not be safe from their pretended Justice when within their Power My Lord hereupon smiled and said very sedately and yet very resolutely That he would not stir tho he did expect the Court would proceed very far not only to the Imprisoning but against the Lives of many and if God in his Providence should think fit to suffer him to fall a Sacrifice to the Rage and
Malice of the Court he did hope and did not doubt but the World should see that he could dye with as great Resolution as ever his Father did for he was ready at all times and upon all occasions to lay down his Life for his Country L. This was his Lordships true Character and this the Popish faction was well satisfied in therefore they dar'd not bring him to his Tryal for should they either by false Witnesses have proved that which really was Treason against him or by wresting the Law in Bench Council and Jury which were then more led by the Dictates of White-Hall than the Judgment of Westminster-Hall in the Case of Treason have adjudged that Treason which the Law never made or designed to make so as they did in the Case of the Honourable Lord Russel and some others I say should they have thus proceeded his Lordship's Courage in all probability would have been such in a bold Defence that his Enemies would have rather lost than gained by his Death besides had my Lord been really Guilty of Treason his Lordship had reason to presume upon the King's Mercy seeing his Fother sacrificed his Life in that King's Service wherefore his then Majesty as is said declared He wondred the Earl should destroy himself seeing he owed him a Life T. If that King was as my Lord Chief Justice Scroggs told Mr. Coleman Merciful even unto a Fault sure he would have extended Mercy to him whom in ingratitude he was bound to spare for his Justice in this case would have render'd him as ingrateful as his Mercy too often shewed to the greatest Criminals render'd him in some measure culpable seeing by his sparing so many who had more than once Forfeited their Lives to Justice he gave or at least some by their repeated Presumptions did so construe it a sort of Impunity and Encouragement to Vice for as Solomon observes Because Justice against an evil work is not executed speedily therefore the heart of the sons of men is fully set in them to do evil Eccl. 8.11 G. There is one Objection which I designed to have mentioned before but forgot it 's probable you can give me truer Information in this particular than I have met with for I perceive I have been very much misinformed T. In any particular convenient to be told I will give you what Information I can G. The Story is this About five Months since I was very positively told that the Right Honourable the Countess Dowager of Essex desired several Honourable Lords some of which were of this Committee and one worthy Gentleman to meet at her House where she spoke to them to this Effect My Lords I have desired this Favour of your Lordships in order to my own Vindication which in Self-justice I think my self bound to do though I am very sorry for the occasion My Lords I do understand I am traduc'd out of Malice in some and Indiscretion in others as a Woman that hath sold the Blood of an Husband and by a Non-prosecution tacitly consent to his Death My Lords It 's no pleasure but a great Grief to me to say any thing which may seem in the least to reflect upon the Memory of my Lord and I could heartily wish there were not this just occasion offered Just I say with respect to my self and to my Honour much dearer than my Life for should I suffer my self to lye under this unjust Scandal without a just Self-vindication by such my silence I should make this dishonourable Calumny become currant and credible My Lords My Non-prosecucion of my Husband's Death is my Charge to which I have this to say That were I well satisfied my Lord's Blood was treacherously spilt I did deserve this Gensure and there is none could think so bad of me as I should then of my self for my long silence My Lords The Reasons which makes me disbelieve my Lords being by others Murdered are such as I could never hear answered though I am sure I should readily be convinced and rejoyce in my Conviction but till then I should think my self little less than a Murderer to prosecute any for the shedding of that Blood from the Guilt whereof I am sorry I must in my opinion acquit all Men living My Lords The Reasons which have thus influenced my Belief and tied my Hands I have at large communicated to my Lord Bishop of S. whom I have desired to make them known to your Lordships and your Lordships being satisfied in my Innocence will I am sure soon rescue me from the vile Slanders of those Tongues under the lash whereof I have so undeservedly suffered My Lords I shall only add this That if once these Objections are removed and I become fully satisfied my Lord was perfidiously Murdered none living upon the face of the Earth shall more zealously prosecute the Blood of a murdered Husband than I will this as in Duty and Honour I shall then stand obliged L. And I doubt not but her Honour will zealously Prosecute as soon as she finds what is here deposed to prove her Lord treacherously Butchered Such Evidence there is that nothing can ballance but the occular Evidence of the Self-murder and if there be any such it 's strange we should not long since have heard of the Person But pray proceed G. Upon this that Learned Bishop as I have been told gave a large account what were the several Inducements that moved the Countess to this Belief but I could never hear what these Reasons were but without doubt they were such as had some weight with them or otherwise they would never have satisfied not only that Reverend Bishop but most then present in the belief of the Self-murder and so throughly convinced Mr. H. who as I have been told did second the Bishop and gave some other Arguments for the same purpose and seemed concerned that some of those Honourable Lords appeared to disbelieve the Self-murder T. I could never yet hear but a very imperfect Account of what my Lord Bishop said for the chief reason as I have been told his Lordship then gave was what my Lord of Essex declared just before his Commitment when his Lordship appearing under some disorder and trouble of mind said that it was not any personal concern that made him thus troubled but it was the thoughts of his Family for he was much troubled to think what would become of them after his death as for himself it was the least of his care For therein he was resolved what to do several times over repeating in a seeming despondency that expression As for my self I am resolved what to do Now admitting this to be true that the Earl several times repeated that expression As for my self I am resolved what to do is there no other Resolutions but Self-murder to be supposed G. Being spoken with such Despondency it argues the Resolution was desperate T. It 's very natural for love to fear the worst and to
apply such Fears accordingly now her Honour being startled with these often Repetitions upon hearing of her Lord's death might suppose that such had been her Lord's Resolutions which gave Birth to those repeated Expressions But whereas it 's said my Lord spoke it in a sort of Despondency it 's probable that her Honour might mistake his Lordship's undaunted Courage which with a higher assistance kept him above the fear of what the Power and Malice of his greatest Enemies could inflict for Desparation This to me seems the most likely considering what his Lordship had before declared viz. That he did expect the Court would not only Imprison but take off several and if it should be his misfortune to fall a Sacrifice for his Country to the Court Malice and Rage the World should see he ceuld dye with as great Resolution as ever his Father did for he was ready at all times and upon all occasions to lay down his Life for his Country This Honourable Lord was not ignorant of the Popish and Arbitrary Designs of the Court and that there were small hopes of any Redress by Parliaments for such were not suffered to sit when they began to reform our Grievances and as for the then Judges they were purely Instruments and Ecchoes to the Corruption of the Court so that whatsoever Whitehall had resolved upon as fit to be declared Treason in Westminsterhail was declared not properly adjudged accordingly not adjudged I say for we found many of them more Knave than Fool and their Interest corrupted their Consciences and these their Tongues to pronounce what their Judgments in the Law could not but be satisfied was false and themselves well knew to be corrupt wherefore only the last remedy remained in case the Court proceeded as there was all reason to believe they would by such Vile Illegal Arbitrary Popish and Oppressive Methods to destroy what to every brave true English Spirit is much more valuable than Life Religion Liberty and Property I mean. My Lord of Essex had long stood in a true light wherein he could plainly see the most secret and ultimate end of the Court and this made him the more resolved to joyn with others such Patriots as himself in opposition to those Hellish Plots of St. James's for there indeed lived the true Plotters which were industriously plotting the total Destruction of our Religion and Liberties when such true Lovers of their Country as himself were designing nothing more than the Preservation of our Laws which the Corruption of the Bench had in Perjury sold to the Oppression of the Court. But this Bargain was never so plainly proclaimed as in that Never-too-severely-to-be-punished Judgment which gave as far as was within the Power of that perjured Bench such a Dispencing Power to the Crown under a necessity of which necessity the Crown was the sole Judge as by a natural Consequence dissolved all Law when a Royal Arbitrary Ipse Dixit should so pronounce it Wherefore as before observed we held our Laws and therein our Religion Lives and Liberties as these Forsworn Mercenary Judges did their Places durante bene placito Regis Had we in this Lord's days known those Popish and Arbitrary Court-Secrets which he plainly saw designed our ruine but no confiderarion could ever corrupt this Honourable Lord to ingage in those Cursed Cabals most certainly we should have rescued the Lives of those our best Friends and not by a corrupt Constructive Treason have Sacrificed those true Lovers of our Country for doing of that which we all ought as one Man to have cordially joined in Had not those brave Patriots our Church and State Confessors the most Reverend his Grace and the Reverend six Bishops met with an Uncorrupt Jury which were guided by Conscience not imposed upon by the Court but enlightned with the true State of the Case as most judiciously and truly Stated by those their Learned Council in the Law These Seven Champions for our Laws and therein for all by them we possess would most certainly have been offered up by the Bench as Victims of Expiation for that Guilt which would in a Court Sense have robb'd the Crown of its richest Jewel yea that Court Philosopher-Stone the Dispencing Power which at pleasure might have turned our Properties Liberties yea Lives into pure Gold for the Estates we possess the Liberty we enjoy and the Lives we live we have guarded only next under God by our Laws which this Leviathan at once would have swallowed and totally destroyed L. When I consider my Lord 's declared Resolution of his not stirring tho then under the like Danger as in this Case apprehended and with what Readiness Courage and Chearfulness he could lay down his Life for his Country and likewise the Knowledg that he may be supposed to have of their Designs which those Villains nine days before his Death declared ☜ for it 's Sworn they then said The Earl knew so much of their Designs and was so very Averse to their Interest that they could never carry them on unless his Lordship was taken off and his Lordship was therefore to be Murdered I say when I consider these things and that the more this Honourable Lord knew of the black Intrigues of the Court the more so good a Man and so true a Patriot must be supposed to hate them I can't but imagine that this brave State-Champion when he had been once satisfied that the Court under Colour of Law would have taken him off had resolved as to himself to lay open those Popish Arbitrary-Court Contrivances and justified that just Design of standing upon their Guard there was no other way under God to defend what was so grosly invaded Now tho his Lordship might suppose by dealing thus plainly he should the more exasperate the Court so that their Malice would be more inveterately bent in his Destruction yet that he declared he feared not but was ready chearfully to lay down his life in so just a Cause and should this daring true lover of his Country have thus expired by his State-Martyrdom he would have given such satisfaction in the truth of what he thus couragiously with his last breath should have affirmed as would have raised a general hatred against those Arbitrary and Popish-Court-Resolutions and this might so suddenly have given another so general a Resurrection to that just Cause as would have totally routed those our true and only Enemies of both Church and State. Our then Enemies under colour of Law were industriously endeavouring the total Subversion of our Laws and whilst in shew they seemed to maintain the Protestant Church they were secretly contriving its total Destruction by wresting those very Laws which were chiefly designed as Destructive to Popery and making them productive of what they were enacted to destroy for by a malicious and furious Prosecution of all Protestant Dissenters they did hope to raise so general Animosities between the Conforming and Non-conforming Protestants that they might
declares That the Earl of Essex being Prisoner in the Tower the King and Duke came into the Tower to see the Tower of which the Earl having notice he was immediately afraid the King would have come up into his Chamber and seen him c. Now I would willingly know who besides the most intimately knowing in this matter could give information two days viz. the Wednesday Morning at Andover before my Lord's death that the Earl of Essex would cut his Throat in the Tower when the King and Duke were there because the King should not see him the King and Duke's being there was unexpected and a surprize to all but to the Men of Secrecy in this Murther because their being there together was so very rare that it happened but once in twenty five years But of this I have already spoken and also how this so particular a Report as to the Manner Place and Reason became thus reported in the Countrey so long before my Lord's Death L. Was you ever credibly told that his Lordship said he was resolved to destroy himself T. No I never heard that credibly reported L. Or which is more plain and particular Did his Lordship before his Imprisonment say that he was resolved to cut his Throat in the Tower when the King and Duke should come into the Tower to see him which his guilt and shame could not bear the thoughts of G. Certainly my Lord could neither foresee nor expect that the King and Duke should come into the Tower whilst he was Prisoner there L. But you find it depos'd That before my Lord's Death viz. the Wednesday at Andover As to his Death The manner how the place where and the reason wherefore are assigned Now had my Lord so particularly declared his Resolution in which by the way as to the King and Duke's being in the Tower he must have prophesied what could not be expected then it had been possible that this and those several Reports proved by eight Witnesses more far distant from and altogether strangers to each other all centering in the same manner how and the place where might have arisen from this Resolution of his Lordship so particularly declared T. It may be my Lord having heard the Papists had resolved to cut his Throat was afraid they would the more to torment him not do it like themselves but botchingly as they cut Mr. Arnold's and therefore that it might be done at a jerk and all perfectly finish'd at a stroak he was resolved to do it himself and did it effectually for though the Blade of the Razor without the Hand was not two Inches and a half he made a Wound about three Inches and half deep and therein did what by others was Mathematically impossible to be done and whereas before that Accident it was the Opinion of Doctors and Chyrurgeons that none could cut through both Jugular Arteries to the Neck-bone on both sides the Neck his Lordship was resolved to give the World demonstration of their mistake and after all his Lordship stopt the Orifice from giving issue to such a quantity of Blood and Spirits as would naturally have instantly killed him and out of malice to the living that others might be charged with his Death threw the Razor out of the Window and then sent the Maid down for it which having received from her he retired to his Closet lockt himself in and quietly laid himself down and the Razor by him and then gave free passage to that Blood and those Spirits which he thus miraculously kept so long in G. But to be serious for this is a Case of grave yea very doleful Consideration did you ever hear all those Reasons the Bishop then gave T. No but I could wish I had only this further Reason I think was given viz. what the Steward said concerning my Lord's desiring him to sit down and drink a glass of Wine with him the Night before his Death L. That I do totally disbelieve for the Reasons before mention'd T. But whereas you say Mr. H. did second my Lord Bishop I do assure you I did hear that Ingenious Gentleman declare the contrary and as a Gentleman told me desired one to vindicate him from that Report which he did totally deny G. What was then said by the Lords of the Committe after my Lord Bishop had given the Countess's Reasons of her Silence T. I have been told how true it is I cannot say that the Right Honourable the Earl of D. spake to the Countess to this effect Madam The belief or disbelief of a fact neither destroys the Existence nor alters the Nature of the Fact and we who are to proceed not according to private Opinion but legal Evidence have taken the Depositions of many Witnesses in this Case and unless many of these be villanously perjur'd which as yet we have no reason to believe my Lord must have been most barberously murthered G. Had the Countess or the Bishop before this seen what was sworn T. I suppose neither of these had either seen or been informed what was depos'd to prove this Murther neither could they then have heard what hath in this Case been depos'd because many Depositions have been since taken before the Lords and since their Lordships Committee was dissolved before several Justices of the Peace G. I cannot but believe that if the Countess once knew what you have now at large related her Opinion would soon be changed and her Zeal in this prosecution would be as great as could be expected from a Lady of her Honour and Quality and as for my Lord Bishop I am sure none would be more easily convinced upon such grounds as these neither would any more zealously ingage in this Prosecution T. Of this I doubt not for no Man can have a greater veneration for this Reverend Father in God than my self and I think this happy Revolution is under God and His Majesty not a little indebted to the Ingenuous and Indefatigable Pen of this Judicious and Learned Bishop The next Discouragement I shall mention was the strict Injunction with Threats laid upon many of the Soldiers to be secret in this matter J. B. and his Wife further declare That the very next day after my Lord of Essex 's Death the aforesaid R. M. told these Informants how that very morning their Officer called several Soldiers together and under very severe penalties enjoined them not to speak one word of what they had either seen or heard with relation to the Death of the Earl of Essex and therefore the said M. desired these Informants not to speak one word of what he had informed them with relation thereunto the day before lest it being discovered he should be severely punished for speaking any thing of this matter L. With what a degree of Impudence was this treacherous Cruelty stifled T. R. the Soldier before-mentioned that very day my Lord was murthered declawith very great earnestness That the Duke of York had so
a surprize amongst his Relations this great surprize would be as pleasing to the Person that withdrew as it would be astonishing to his Friends and therefore it was pretended to be believed by some that Mr. Hawley had privately withdrawn under this Consideration but six Weeks discovered his Person and time may likewise detect those Bloody and Barbarous Men that murthered him They were so very cruel in this Murther that his Face was so changed through violence that it could not be known to be his and there was nothing that did more if any thing did besides discover the Body to be his than his having three Stockings upon one Leg and two Stockings and a Seer-cloath upon the other as for his Cloathes they were stript off and nothing but Stockins and Shooes remaining on when the Body was found L. Certainly that God who requires Blood for Blood and who by this ordered the Discoveries of the Person will in his great Wisdom and Justice by some means or other of which His Wisdom is never to seek in the choice or His Power in the use discover these Instruments of Cruelty that in this Life they may receive their just Reward which is for the most part though sometimes after many years duly paid towards such vile Offenders T. Besides this addition of Blood other violent Methods were used to prevent a discovery by punishing such Soldiers as seemed to disbelieve upon very good grounds my Lord's Self-murther this appears by this Information following viz. Richard Jorden declareth That sometime that Summer the Earl of Essex dyed and not long after the said Earl's Death he saw a Soldier ty'd to the Wooden Horse in the Tower by order of Lieutenant-Collonel Nichols and whipt after a very cruel manner And this Deponent heard the said Lieutenant-Collonel tell the Soldier he ought to be hanged This Deponent further declareth That he was just after informed by the Marshal that whipt the said Soldier That by order of Lieutenant-Collonel Nichols he gave the said Soldier 53 Stripes tho' the usual number was but 12 and that the said Soldier had lain a fortnight before in close custody and been fed only with Bread and Wather and all only for the Offence following viz. Some short time after the Death of the late Earl of Essex a Divine * Dr. H. of Norfolk Prebend of Norwich coming into the Tower the said Soldier was sent with him to shew him the Tower and as the Doctor was almost over against Major Hawley's the Doctor asked the said Soldier which was the Chamber wherein the late Earl of Essex did cut his Throat whereupon the said Soldier pointing to the Chamber in which the Earl had been Prisoner declared That is the Chamber in which it 's said the Earl of Essex cut his Throat The Doctor then asked the Soldier what he did believe to which the Soldier answered That he did believe in God but being prest by the said Doctor to tell him whether he did believe my Lord cut his Throat the said Solder then replied He would not say he did believe it for which only saying the Punishment aforesaid was inflicted L. Such Extravagant Punishments upon so slight Grounds was enough to deter all other Solders from discovering what they knew for if this Soldier for only declaring he would not say he did believe my Lord did cut his Throat was thus barbarously whipt what must such Soldiers expect as should have asserted my Lord was by others murthered and gave their Reasons for such belief by telling what they saw and heard with relation to this Perfidious and Cruel Murther most certain this would have met with if possible worse whipping than Doctor Oates ever suffered or been punished by some private Stab or other destruction to avoid the Matter 's being brought upon the publick Stage G. I do remember Meake is said to have declared the day after my Lord's Murther that many Soldiers were enjoined to secrecy It were well if these would according to their duty appear and declare what they know and by whom they were thus basely commanded to be secret for this Officer could not but believe That whoever gave him Orders to lay that Injunction was privy to the Murther and therefore this Officer was grosly Criminal in being this Instrument to stifle the detection and most certainly are those Soldiers Criminal which shall not now appear and judicially declare what they know to be true so that Justice may have its due course against those most barbarous and vile Offenders For if the time of this bare-faced Cruelty against such Soldiers that knew any thing of this matter and revealed it was a time of silence most certain now the Government joins in the Prosecution is the time to speak and whosoever refuses now to speak becomes not a little Criminal in such his silence L. I have been informed the Father of William Edwards was turned out of his Place for what his Son had said T. That the Father was turned out about nine days after Mr. Braddon's Tryal is very true and this done by special Order under King Charles the Second's own Hand without any cause shown or any reason to be guessed at any other than his Son's Offence L. I do remember at Mr. Braddon's Tryal Mr. Wallop whose Courage and Zeal for the Liberty of the Subject hath been Notorious in the most dangerous times did suggest that the Father thought himself in danger of losing his place from what his Son had declared Whereupon my Lord Chief Justice Jefferies very sharply reproved Mr. Wallop for reflecting in this upon the Government as though the Father should be punished for the Son 's speaking what he knew If the suggesting the danger of the Place was a Reflection upon the Government most certainly the Government did strongly reflect upon its self in turning Old Edwards out and giving no reason for such Dismission which made him conclude and all the World believe that the Father was turned out only for his Son's Relation T. The old Jewish unjust Proverb was here inverted for The Son had eaten sower Grapes and the Father's Teeth were set on edge so that this Transgression in its punishment did directly ascend and the Father answered for the Son's Iniquity or rather for what the then Government falsly called so L. I think every Man 's own Transgression is enough for him to bear T. I shall conclude all with what after my Lord's Death passed as to Webster and Holmes which seems to confirm the Truth of their Guilt in this Matter I shall begin with Webster The very day of my Lord's Death Webster brought home to his House my Lord's Pocket-handkerchief all Bloody and shaked It seeming extreamly overjoyed saying There was the Blood of a Traytor and the very next day pulls out of his Pocket a Purse of Guineas and in great Joy shaked it one of his Neighbours told the Gold and found there was 49 Guineas and a French Pistole
and as they came they smiled and to the best of this Informant's hearing and remembrance said The Business was done upon which His Highness seemed very well pleased and then went to His Majesty to whom the news was immediately brought That the Earl of Essex had cut his Throat Lloyd the Centinel at my Lord's Door the day my Lord dyed till the 21st of January last did deny the letting in of any men and Russel and Monday still deny it but now Lloyd doth confess That just before my Lord's Death two or three Men by Major Hawley's special Order were let in and immediately he heard them as he did suppose they were go up stairs into my Lord's Room where there was a very great bustle and stir so great that this Centinel declared he would have forced after them had not the first Door been made fast upon the bustle he heard somewhat thrown down like the fall of a Man which he did suppose was my Lord's Body soon after which it was cryed out My Lord of Essex hath out his Throat Here is not only these mens going in but a great bustle confessed immediately thereupon to ensue in my Lord's Room and the Body of a Man in this bustle to be thrown down this is in a Close Prisoner's Room where no one is admitted but his Servant and those that kept the Door deny'd upon Oath that any were in my Lord's Chamber that Morning my Lord died before his death But these Warders being supposed privy to the Fact would not own the admitting of those Men which themselves let in with such a murtherous Design and it is to be presumed that this Centinel was not a stranger to the matter but enjoined to secrecy for otherwise he would never have declared to a Friend under a repeated request of secrecy that this Confession as before laid upon his Conscience and troubled him night and day for tho' it was indeed very true that he did let in these Men it was what he should not have confessed This Confirmation to his Acquaintance under a great and repeated injunction of secrecy argues first That this Confession was indeed true And Secondly That there is some cursed Confederacy it's probable by Oath entred into to stifle this Murther for what other probable Reason can be assigned for that trouble of Conscience in this Confession ☜ seeing himself at the same declared it was true tho' he should not have said it There are some other Arguments that this Sentinel was particeps Crimines in the Privity first his Retraction in part of what he did confess for upon his being first apprehended he owned the throwing out of the Razor before my Lord's death was known but he now retracts and disowns it Another Instance of his Privity is his now prevaricating in his now pretending that these men were let in an hour or more before my Lord's death whereas at first he declared they were let in immediately before my Lord's death for as soon as let in he heard several go up stairs into my Lord's Room and heard the bustle c. as before A third Argument of this Centinel's Privity is his not declaring the whole Truth which he must know for one at a greater distance that saw these Russians as they were bustling with my Lord and heard the bustle did likewise hear one of these in the bustle as it seemed to be and therefore presumed to be my Lord cry out very loud and very dolefully Murther murther murther The Centinel who could hear the trampling or indeed the very walking in my Lord's Chamber could not but hear this Murther so loud and often repeated It appears by five Cuts in my Lord 's Right Hand viz. two upon his Fore-finger ☞ one upon upon the Fourth Finger another on the Little Finge and the fifth about two Inches long in the Palm of his Right Hand that his Lordship in this bustle made great resistance for these Cuts can be supposed to be done no otherwise than by endeavouring to put off the Cruel Instrument of his Death The next thing that I should observe which happened the day my Lord dy'd and gives us reason to believe the Murther is the Irregularities committed upon the Body before the Jury saw the Body the Body was stript and washed and the Room and Closet washed and my Lord's Cloathes carried away tho' all men know the Body should have remained in its first posture till the Coroner's Jury had seen the Body Sir T. R. as himself saith declared to the Lords That the Body was not stirred from its first posture till the next morning about Ten of the Clock to this Sir Thomas hath not sworn for he was not sworn before the Lords and it s well he hath not ☞ for herein he is so much mistaken that the contrary can be proved by almost twenty Witnesses Had the Body remained in its first posture by my Lord's Cravat's being cut in three parts the Jury would have plainly seen that his Lordship could not so do it with the Razor and then secondly they would have perceived the print of a bloody Foot upon my Lord ☞ as he lay in the Closet by which it appeared some one had been with the Body in the Closet and several other Material Circumstances might have been discovered which by the total illegal alteration of the Circumstances of the Body c. were destroyed About Three of the Clock in the Afternoon that day my Lord died some of those bloody Men who had been at the Consult met at Homes's House and one of them leaped about the Room as overjoyed and as the Master of the House came into the Room he strikes him upon the Back and cry'd the Feat was done or we have done the Feat upon which the Master said is the Earls Throat cut to which the other replied Yes and farther said he could not but laugh to think how like a Fool the Earl of Essex looked when they came to cut his Throat To destroy the Testimony of this D. S. Homes hath produced Two Witnesses who by many Witnesses appear to be forsworn in every part of their Depositions His Defence being false his Charge therefore may be concluded true Thirdly and Lastly What past after the day of my Lord's Death That very Morning several Soldiers which were presumed able to discover what was material with relation to my Lord's Death were called together as M. then said and enjoined to secrecy under very severe Penalties About Ten of the Clock in the Morning the next day after my Lord's Death the Jury met and were surprized to see all the Circumstances of my Lord's Body changed from what was first discovered After the Jury had seen the Naked Body at Hawleys the Coroner adjourned them to a Victualling-House in the Tower when one of the Jury demanded a sight of the Cloathes but the Coroner was immediately called into the next Room from which returning to the Jury
in some heat he told them It was the Body and not the Cloathes they were to sit upon the Body was there and that was sufficient One of the Jury then said My Lord of Essex was esteemed a very Sober Sedate and Good Man which Bomeny then confirmed saying His Lord was a very Pious Man and therefore it was improbable so Good a Man should be Guilty of the worst of Actions Upon which M. Hawley told the Jury They were misinformed in my Lord's Character for every Man that was well acquainted with my Lord well knew that it had ever been a sixed Principle in my Lord that any Man might cut his Throat or any otherwise dispose of his Life to avoid a dishonourable and infamous Death wherefore this Action which they thought unlike his Lordship was according to my Lord 's avowed and fixed Principles This made the Jury the more easie believe that my Lord had indeed done it Some of the Jury were for Adjourning their Inquisition to some further day and in the mean time to send notice to the Earl's Relations so that if any thing appeared on my Lord's behalf it might be produced Hawley hereupon assured the Jury That they could not adjourn their Inquiry for His Majesty had sent one for their Inquisition and would not rise from Council till it was brought him This the Jury believing immediately made all haste possible whereas otherwise they might have been more strict and particular in their Examinations Hawley ☞ in answer to this totally denies all and protests that he was not nigh the Jury in the Victualling-house all the time the Jury sate though most of the Jury can say the contrary and as for the suggesting Self-murder to be my Lord's Principle he did protest he did never hear it said to be my Lord's Principle till their Lordships in this Committee told him it had been so declared ☞ This clearly proves that the pretended Principle of Self-murder was a Forgery of that Bloody Party which murdered my Lord and Hawley pitched upon as the most proper Person to corrupt the Jury with the belief of it The backwardness of the then Government from examining into this Matter and their unjust Proceedings against the Prosecution for they Discouraged Prosecuted and Ruined him who did humbly offer the Matter to a Judicial Consideration though no Crime or Colour of Offence was proved against him is farther Evidence of this Murther The Government turned the Old Edwards out of his place for what his Son said in this Matter and hereby inverted the old Proverb For here the Son 's eating Sower Grapes had set the Father's Teeth on edge A poor Soldier was barbarously Whipt after he had been cruelly managed in Prison for only saying That he would not say he did believe the Earl of Essex cut his own Throat But a more barbarous Cruelty is justly suspected to have been committed in the After-murther of several viz. of Meake and Hawley c. to prevent a Detection of this Though the Government heretofore had received private Intimations and in Print publick Applications for a Pardon and thereupon a Promise of a full Discovery and in both these the Duke of York particularly charged as the chief Contriver of this Horrid Cruelty yet the then Government would never permit such an Inquisition to be made but punished those that dispersed those publick Challenges Had His Highness been really Innocent none would have been more Zealous for such a Proclamation of Pardon For Innocence desires a Tryal and it 's only Guilt that flies from Justice Another Argument of this Murder and likewise of Major Webster's Guilt therein is Webster's producing my Lord's Pocket-handkerchief all Bloody to some of his Neighbours rejoycing at the Blood of a Traytor and the very next day to some of the same Persons he produced part of the Price of Blood viz. a Purse of Gold wherein there was 49 Guinea's and a Pistole which he shewed in great Ostentation but all this was but a small part of that Villainous Reward for some time after my Lord's Death when his Wife was upbraided with her Husband's Poverty she replied Her Husband long since was not so poor for he had 500 Guinea's at which the other being startled answered most certainly he could not come by them Honestly To which it was said That he got them by his Trade But to that it was replied That his Trade could hardly get Bread Therefore there must be some other way L. The Wife might speak truth for his Trade viz. Murther in which it is supposed he hath been more than once concerned might get it which Trade the Wife might mean though the other misunderstood her T. That his Wife was not a Stranger to his Guilt appears by her often telling him upon her hard usage That he was a Fool as well as a Rogue to use her so very ill within whose power he well knew it was to Hang both him and another in the Tower. Another Instance of this kind there happened when Homes and his Wife some time after my Lord's Death quarrelled Homes abusing her she told him He was a murderous Rogue and he must well know that she could at any time hang him for it To which Homes answered with his usual Scurrilous Language You Bitch you Whore you of all the World have no reason to speak for do not you remember I bought you a good Sattin Gown and Petticoat Whereupon the Wife replied You are a murdering Rogue for all that G. When Thieves fall out Honest Men know what is become of their Goods L. We not this Woman of a loose Character and bigotted to that Bloody Religion which in such Cases esteem Murder Meritorious this Gown would have been a constant Memento of that Blood for the Concealment whereof this Garment in part was given T. Sir I have as briefly as I well could complied with your request and I hope you are now convinced of your former Mistake G. I do assure you I am and I give you many thanks for this great Satisfaction and I shall endeavour what in me lies to rescue the Memory of this Right Honourable Lord from that dishonourable undeserved Imputation of Self-murder by laying the Guilt at that door which seems most deserving and though herein I may displease some of my most intimate Acquaintance yet I think in Justice I stand bound to undeceive many of their mistake in this Self-murder Especially when these through what I have declared have been deceived in this Matter and whatsoever my former opinion may have been through Misinformation it is now such that none living shall more cordially Pray That the God of Justice who hath so many times remarkably appeared in the Detection and Punishment of Blood may eminently manifest himself in the full Discovery and just Punishment of all Contrivers Actors Aiders and Abettors herein and likewise that all Concealers of what they know in this matter and all such as endeavour to stifle or frustrate this Just Prosecution may be made exemplary in this World in order to which may that only Just and Wise God whose are every good and perfect Gift pour down upon our Senators such a Spirit of Wisdom as may conspicuously detect every Arcana of this Blood-thirsty and most barbarous Murder with all its vile and astonishing Dependences L. Amen FINIS
the very day that a great Number of Honorable Lords amongst which this unfortunate Lord I hear was one and worthy Knights Gentlemen and Citizens dined together at Mile-end-Green for sometime that Afternoon Hawley told Mr. Bunch then a Warder that above 200 Rogues that very day dined together at Mile-end-Green ☞ but he did wish that he had forty of the biggest of them there in the Tower that they might be made the shorter by the Head for till then the Land would never be at quiet L. What is become of this Major Hawley G. He is Major of the Tower and likewise is as I think Gentleman-Porter his Place worth some hundreds a Year L. What is he now intrusted in the Tower G. Yes with almost if not altogether the greatest Trust next under the Honorable Governour that is now in the Tower and he is even my Lord Lucas's Right-hand in the management of the Tower-Affairs L. Is this which is here said to be sworn against Hawley known to the Lord Lucas T. I believe not L. It were well his Lordship were acquainted with it for most certain if what be sworn against him be true which it's reasonable to believe Hawley is very deep in this Matter and then we well know for what interest he must cordially act tho' in appearance he seem otherwise T. The 21st of January last when his Wife or some Gentlewoman in his House when he was taken heard of the Major's being seized upon as suspected concerned in or privy to this Fact ☞ she cry'd out God send us our good King again for he will soon put an end to this Matter L. And without doubt an End to those that inquired into it G. I must confess these false Suggestions for I can't believe them otherwise seeing Major Hawley denies his being with the Jury reflect upon the Major as too officious in this Matter and I fear this great officiousness of the Major was in order to a very ill End I can think no otherwise and am heartily sorry for him because I have heard many Loyal Men speak very well of him and to me he hath appeared no otherwise T. The Men of our late Loyalty will speak the better of him upon this very account and that which would make him odious in the sight of honest Men in the esteem of these renders him the more acceptable but as for these worthy Gentlemen who have had good Thoughts of this Man as soon as they find these things and somewhat else sworn against him they must either believe him not Innocent in this or discredit the Evidence to do which would argue Prejudice when the Accuser is of a clearer Reputation than ever this Gentleman can pretend to and besides in this stands Rectus in Curia neither his Person or Estate depending upon the Issue of this Cause nay if he stand under any Prejudice it is that my Lord should still appear a Self-murderer because should it prove otherwise the Coroner's Inquest of which this Gentleman is one must expect the lash of some Mens Tongues though I do think them to blame in nothing but some indiscretion for I am verily perswaded that these Gentlemen for the most part at least did not rejoice in that unfortunate Accident but did heartily wish they had received any Information to find it otherwise than their Evidence moved them to but nothing of that appearing from any Persons who came in to depose on my Lord's behalf and these Gentlemen being obliged to go according to Evidence they are not so much to be blamed as pitied for being so hurried into their Inquest L. I find you are an Advocate both for the Coroner and his Jury Think you they ought to be justified in all Particulars T. It 's one thing to justify and another to mitigate As I do not think them altogether excusable so neither do I believe them so Criminal as some would represent them and as far as in Justice I may I think it my Duty to clear them and all Men from any Aspersion L. You say the Jury ought to have proceeded according to Evidence Ought they not under that Notion to have comprehended the several Irregularites in the total Change of the Circumstances of the Body Room and Closet from the State in which they were when the Body was first found Ought they not to have considered as Evidence the palpable and gross Contradictions before at large observed between those attending on my Lord which argued the Falsity of the Evidence and that the truth of my Lord 's being murdered And ought they not to have considered as Evidence the several Cuts before observed to be in my Lord's Right-hand which argued his Resistance to put off the Instrument of Death Ought they not to have considered as Evidence the Gentlemens tampering with the Coroner in the next Room for I can believe these Gentlemen there for no other purpose and 'till the Coroner's Memory serves him to name these Men and their Business with him I shall not think the best of him Besides all which they ought to have considered as Evidence the Circumstances of the Razor the pretended Instrument of Death and compared the length of the Razor with the depth of the Wound and they would not have found an Inch difference Now the Razor as appears by your description being a French Razor and not having any Tongue or Spill this Razor in the use by my Lord could be held by nothing but the very Blade and not less than two Inches of that must be held in my Lord's Hand to cut with that steadiness and strength the making this large and deep Wound required so that the Jury would then have found not above two Inches without the Hand to make a Wound above three Inches deep this must have appeared such a Mathematical Impossibility as would have been comprehended by all and of it self had been sufficient to have proved the pretended self-Murder a Forgery To all which to clear the Jury from all Blame let us add their not examining those three attending on my Lord apart but suffering them to know one anothers Examinations so that they might agree in their Story and the better to help them herein to permit my Lord's Servant when he began to falter in his Relation which alone gave suspicion enough that he was telling a Lie for Truth would have readily occurr'd to go into the next Room to his Tutors without doubt and write his own Information and yet after all their Relations were incoherent and contradictory These your honest Jury-Men have in all this gone according to Evidence have they not Do they deny that they observed these things if they did not it argues either their great Simplitity or somewhat much worse T. Some of these they do confess to have observed but others they disown to have taken any notice of in particular they say they remember not to have observed any Cuts in my Lord 's Right-hand L. They
for the Magistracy and the Murder of a Person of so great Quality a State-Prisoner in the State-Prison by virtue of a Secretary of State 's Warrant is proper for a Secretary of State to inquire into especially considering the Relation that this Murder might be supposed to bear towards Persons not of the least Quality nor Matters of the meanest Consideration T. This holds good in the General but there is never a General Rule but hath an Exception and this fell as an Exception under the General Rule for the Quality of the Guilty made this Exception when otherwise there had been none and therefore that Reason which you gave for the Secretary's Inquiry viz. the relation of this Murder to Quality and Matter of Consequence was the only Argument that balked the Inquiry L. Arguments curs'd be such Arguments as are thus grounded upon nothing but Devilish Policy and are altogether inconsistent with and repugnant to that Moral and Common Justice which ought to rule over all Quality and all Matters whatsoever Recommend me to that Minister of State which ever rejects such Arguments and with Courage and Integrity inviolably observes that brave Moral Maxim Fiat Justitia ruat Coelum T. May we be ever blessed with such a Soveraign and such Ministers of State and Judges under him L. Did my Lord Sunderland think it proper to take those Depositions next morning T. You will soon hear how they were taken The next morning Mr. Braddon carri'd the young Edwards and his Sister who could testify the same with the Mother then sick in Bed to my Lord Sunderland's Office. His Lordship being then in Council Mr. Mountstephens gave his Lordship notice of Mr. Braddon's coming immediately upon which Mr. Atterbury the Messenger was sent to take Mr. Braddon into Custody L. This I suppose was after the Boy and his Sister had been examined T. No before either of these had been seen by my Lord or examined by any G. What colour of Commitment was there when nothing had been sworn or so much as declared against this Gentleman L. He was Committed because the matter all Circumstances considered declared almost ex Rei Natura against one who in this respect was troubled with a Nolo me tangere which this Gentleman would have had searched and lanc'd a thing by no means to be indured Pray Proceed T. Mr. Braddon was called in before the Council before either the Boy or his Sister and in some heat asked What made him stir in that Business L. I never before thought the Discovery of a Murder had been the Disinterest of the Crown in whose behalf all Criminals are prosecuted T. As there hath been heretofore a great Difference between the Church of Rome and the Court of Rome so have we lately seen the day when the Crown and the Crowned Head have been Diametrically opposite The Crown the legal Prerogative I mean could do no wrong but the Head that wore it hath done a World of mischief The Judges did not obey the Crown the Rightful Sovereignty when they illegally destroyed Charters nor were those vile Varlets that suborned Witnesses truly Loyal or those Mercenary Judges Council and Jury who in contradiction to their own Consciences seemed to believe those State-hired-Hackney-thorough-paced-perjured-Caitifs who judicially murdered Men 'T was not the Crown but he who possessed it that dispenced with all Law by an unjust usurp'd Prerogative the Peoples Rights being ravished from them and sold to James the Second by the Corruption of that Bench who as an Honourable Brave English-Liberty-Property-Martyr truly said had before been Scandals to the Bar. It was not the Crown but the Crowned Head that by an Illegal Arbitrary Power and not Authority sent those worthy brave true English Spirits the most Reverend his Grace and the Right Reverend the other Six Bishops to the Tower for humbly offering their Reasons for their Non-compliance with what in Consequence would have levelled all Fences to Property Liberty and Life neither of which had that power in its largest Extent been compli'd with could we have possessed but by such a precarious Right as a Royal Arbitrary Ipse Dixit at all times would have bar'd and had not the Crown the uncorrupt Regal Authority as truly stated by those Learned Councils in this Eminent Tryal acquitted these ever-to-be remembered Pillars from any Violation of Reflection upon its Just Rights the Head that wore it would soon Gradatim have rob'd those Noble Couragious Church and State Confessors of their high Characters Liberties Priviledges and Immunities whether Ecclesiastical or Civil for I believe an Imprisoned Bishop under Conviction and Judgment and no Bishop is no farther distant than a King's Prison and Grave and therein ingratefully ruined the Chief of that Church which through their too great Charity for his Person had not only secured the Crown to him in Succession when others whose Charity blinded not their Judgments would have prudently foreclosed his Title but likewise in 1685. fixed and settled it when threatned with that storn which none but such thus ungratefully requited could have diverted In this the common Proverb was verified Periet quod facies Ingrato Or Save a c. L. What other Reason did Mr. Braddon give for his stirring than his being imployed by the Family T. That was one reason that he proceeded but it was not the reason which first engaged him and therefore in answer to this Mr. Braddon told that Honourable Board That he was altogether unrelated to and unobliged by that Honourable Family so that there lay no more personal engagement in him first to move than upon any Man whatsoever who might meet with the same Information He declared it was his love to Truth and Justice that therein first moved him and as he was a Christian he thought himself bound in duty to do what he had done and through the Grace of God his Duty therein he would do though Death stared him in the Face every step he made L. May the like Principle still continue in him T. Mr. Braddon then pulled out of his Pocket the Coroner's Inquest and the Information of Paul Bomeny and Russel which you have before heard and told that Honourable Board That there were such Incoherencies and indeed Contradictions Sworn before the Coroner by these two which endeavoured to prove the Self-murder they being attending on my Lord at his Death that they seemed in such their Contradictions to confirm what the Boys Relation argued for and thereupon made his Observations upon some of those Incoherencies you have before at large heard related G. What was said in answer to this T. As soon as Mr. Braddon had made these Observations His Royal Highness called for the Informations which were accordingly delivered him and Mr. Braddon expected His Highness would have said somewhat in answer to what was so observed L. Truly I think His Highness might be the least Stranger to what these men had Sworn for from what I have heard I