MVRTHER will OVT SIR BY yours of the 12th of this Instant writ to Sir R. S. I perceive you never heard that since this happy Revolution any proof was made in Detection of the most Treacherous and Barbarous Murther of that Great but unhappy Patriot Arthur late Earl of Essex Wherefore according to the Commands laid upon me I shall as briefly as I well can give you an Abstract of the most material Depositions which in that Matter have been made and upon what Information I first moved and for what Reasons I did ingage in the Prosecution In this Compendium I shall refer you to a large Discourse Intituled Essex's Innocency and Honour Vindicated in a Letter to a Friend printed above two Years since and by your Nephew B it will be shortly brought you The late Earl of Essex was committed to the Tower Tuesday the 10th of July 1683. Bomeny his own Servant was immediately attending on his Lordship Monday and Russel were the two Warders who by turns stood one at his Lordship's Chamber-Door the other at the Stairs-foot and Floyd a Soldier Centinel at the House-Door under the Earl's Chamber-window Vide Letter c. p. 2. Friday then next following his Lordship was falsely said to cut his Throat To prove which pretended Self-Murther Bomeny and Russel on the then next day deposed before the Coroner in Substance That the Earl of Essex in less than half an Hour before he was found dead had a Razor delivered him to pair his Nails with which Razor his Lordship retired into a little Closet and 〈…〉 soon after being opened The Earl was there found with his Throat cut Both Jugulars being divided and the Razor lying by the Body L. p. 2. This Evidence for the Self-Murther is detected in every part For it appears by the many Contradictions between Bomeny Russel and Monday and the Depositions of many Witnesses First That there was no Razor delivered my Lord nor found by him in the Closet but laid there after his Death to colour the Self-Murther Secondly That the Earl's Body was not lockt into the Closet For the first of these Bomeny in his first Oath deposed That he did not deliver the Razor till the Morning his Lordship died L. p. 34. and in his his second Oath taken within a few hours of the first He saith he delivered the Razor the Day before his Lordship's Death L. p. 3. Russel swears the Razor was delivered in less than half an Hour before my Lord was found dead L. p. 4. and often declared that he saw it delivered by Bomeny after Monday had left my Lord's Chamber But Monday affirms That his Lordship had the Razor about 3 hours before he was found dead and above 2 hours before Russel stood at his Lordship's Chamber-door that Morning the Earl died L. p. 35. and 36. These Contradictions destroy the credit of each other and consequently prove the falsity of all That there was no Razor lockt in with the Body is evident for two Deposed they saw a bloody Razor thrown out of his Lordship's Chamber-window which is 16 foot distant from the Closet before the Earl was known to be dead L. p. 40 41 42. and Floyd confessed he saw the Razor so thrown out Webster one of the supposed Ruffians whom Floyd declared he let into the Earl's Lodging a little before his Lordship's Death L. p. 41. owned That he himself threw the Razor out and being asked the Reason replied he was then under a consternation and knew not what he did L. p. 42. Several that were in the Tower that Morning my Lord died deposed That it was commonly discours'd in the Tower just after my Lord's Death That there was a bloody Razor thrown out of the Chamber-window before ever it was known my Lord was dead L. p. 42. I perceive most are to seek of the Reason wherefore this Razor was so thrown out which might be what follows The Ruffians having murthered the Earl before they laid all things in that posture they designed they should be found by such as should come to see the Earl's Body A Person coming up Stairs these Varlets were surprized with fear having not finished that Tragical Scene as they designed to have left it Under this Amazement one of the Ruffians threw the Razor out of the Window This was not politickly done but it 's to be considered that what is the Effect of surprizing fear and consternation as this action was is not cunningly and judicially executed for this I have some ground and the Truth time may discover Secondly That the Body was not lockt into the Closet Bomeny first swore that he knocking at my Lord's Closet-door and calling My Lord his Lordship not answering he himself pushed the Door open and there saw the Body L. p. 35. In his second Deposition taken the same Day he deposed That when he knockt at the Closet-door and called My Lord his Lordship not answering he peep'd through a Chink and saw blood and part of the Razor whereupon without opening the Door he called Russel and Russel pushed the Door open L p. 3. This pushing supposes violence but Russel deposed he himself opened the Closet door the Key being on the outside L. p. 4. and speaks of no difficulty in it whereas Monday gives the Lie to both Bomeny and Russel amd declared that my Lord's Body lay so close and strong against the Closet-door that neither Bomeny or Russel could open the Door but he himself coming to the Door and being much stronger than either of the two former put his shoulder against the door and thrusting with all his might broke it open L. p. 35. This Relation stuft with Contradictions argues the whole is false and contrived For whensoever two or more Deponents pretend to be Co-witnesses of a Fact as in this case Bomeny Monday and Russel do and they materially contradict each other as is herein most notorious it 's evident all is forg'd This rational conclusion was drawn by Daniel from the contradictory charge of the two Elders against Susannah That the Closet was or could be lockt upon the Body is false and contrived as appears by the Oath of such who coming up to my Lord's Chamber just after his death was first discoverd they observed the Legs part out of of the Closet so that the Closet-door could not possibly be then fast and a bloody foot was seen imprinted on my Lord's Stocking L. p. 40. This in contradiction of that Evidence which would prove his Lordship a Self-Murtherer I shall now give you some farther Testimony to prove the Earl Barbarously murthered D. S in substance deposed that in July 83 she was Servant to one Mr. Holmes a notorious bigotted Papist and about 9 Days before my Lord of Essex ' s Death She over-heard several Papists declare at the House of the said Holmes That the Earl of Essex was so averse to their Interest that he must be taken off and that they had been with His
remarkable Instance in this particular viz. When the Coroners Inquisition and the Depositions of Bomeny and Russel were carri'd in all haste to White-Hall in order to their immediate Publication upon reading and comparing these new Informations it was found that they did in point of time materially contradict each other wherefore to make their Relations in this respect appear to the World more consonant to each other into Bomeny's Deposition these words were foisted viz. on Friday the Thirteenth Instant wherefore the then Authority might properly be said to have forg'd an Information For upon the least Alteration of or Addition to what was sworn by Bomeny it ceased to be his Deposition Whomsoever the then Authority pitch'd upon to peruse and reconcile Russels and Bomenys Depositions so that they might not appear to the World inconsistent with each other 't is plain he was not qualified for that Service for the words before observ'd to be added by this Reconciler are foisted into Bomeny's Deposition without the least congruity to Sense and Grammar As at large appears in L. p. 48. It matter'd not how contradictory Bomeny and Russell were in their Oaths before the Coroner provided they appear to publick view in a credible Dress For those Originals being kept by the Coroner it could not appear to the World that either of these printed Depositions was different from what was indeed sworn 't was taken for granted that the Coroner durst not contradict what Authority had ordered to be printed Robert Meake a Soldier in the Tower when my Lord was Murder'd and that very day discovered to several Friends what he knew of the matter the next Morning after the Earl's Death desired those to whom he had made that discovery not to reveal the least of what he had told them with relation to my Lord's Death For said Meake this very Morning several Soldiers were called together and by our Officer enjoyned under severe Threats not to make known any thing of what we saw or heard with reference to my Lord's Death And therefore he was undone if they should declare what he had the day before told them But it seems it was soon known or suspected by my Lord's murtherers that Meake had revealed his knowledge in this Matter and therefore they were resolved to take him off to prevent his farther Relation of which this poor Soldier being very sensible the very Day he was murthered he came to several of his acquaintance and told them That he found he went in danger of his life and he was afraid he should be murthered for discovering what he knew as to my Lord's Murther wherefore he desired those his Friends to keep him company that very Day for he much fear'd he should that very day be taken off but his friends dreading the danger themselves might be in whilst in his Company refused to go with him and that very Night this honest Soldier who was commonly known in the Tower and amongst his acquaintance by the Name of honest Robin was thrown into the Tower-ditch and the then next Morning there found dead L. p. 49. There was one Mr. Hawley a Warder in the Tower that Morning the Earl died who the day Mr. Speak and I were Tried declared That he knew Mr. Braddon could know nothing of the matter which a Gentleman observing said to Hawley If you know Mr. Braddon knows nothing what must you know then To which Mr. Hawley made no reply But this Warder's knowledge in the Matter cost him dear for about March next after the Earl's Death this Man was missing upon which a Popish Warder said That Hawley had been prating about the Earl of Essex ' s Death and for what he said was forc'd to ran away tho' it afterwards appeared he was murthered for about 6 Weeks after he was first miss'd he was found almost naked in Medway River having been villanously destroyed and such barbarous cruelty acted towards him that none of his own Relations not his own Wife could know him by his Face nor by any thing but what he had on his Legs for his Cloaths were stript off without doubt that the Body might not be known but his Stockins left on by which he was discovered for he wore three Stockins upon one Leg and two Stockins and a Sere-Cloath which he wore for some hurt upon the other by which remarkable circumstance the Body was known to be Mr. Hawley's Had his Murtherers took off his Stockins as they did his Cloaths none could have known it to be Mr. Hawley's Body But the Avenger of Blood in his Providence ordered this otherwise and hereafter may detect those barbarous Destroyers of Mankind with all their 〈…〉 been perpretrated with Relation to their first perfidious Cruelty Many have been the Practises used to prevent a publick Discovery of what was known by particular Persons in this matter For About 6 Weeks after my Lord's Death there was a Letter unsealed left with one Mr. Cadman then living in Durham Exchange The Letter was directed to the Right Honourable the Countess Dowager of Essex The substance of this Letter was That if her Honour could prevail with the King for the Author's Pardon he would ingenuously make a full Discovery how by whom and whose Order my Lord was murthered and this Letter did assure her Honour that the Duke of York and were authorizing this Murther This Letter was subscribed P. B. By the Hand that writ it and the Letters Subscribed it was Paul Bomeny beforementioned who did once blasphemously say that he could as well tell how my Lord came by his Death as God Almighty himself For the Letter was fairly writ in a Hand between a Roman and Italian and such an Hand Bomeny when he writ fair did write Besides the two Letters subscribed are the Letters of his Name I do suppose it may be objected That this Letter cannot be thought to be writ and subscribed by Bomeny for the Letter had it been brought in Accusation against him and proved to be his would have cost him his Life seeing herein he confessed himself guilty of the Fact But with submission I think Bomeny by this Letter could it have been proved to be his own Hand-writing was in no danger at all of being punished for had they seized Bomeny they would have catched a Tartar should they have proceeded against him for the Murther Upon this Confession the World would have believed the whole Contents of this Letter to be true and consequently that the Duke of York and authorized or rather commanded this most Treacherous Murther and then pray consider what that Government could have got by such Prosecution Conviction and Punishment This Letter was carried by Cadman to a Justice of Peace and by him to the Secretary of State But this Bookseller was never sent for nor any enquiry made after the Author This Murther was a Noli me tangere of those times which was not therefore to be inquired into but such as could make
if the Earl was Murder'd that Interest and Power concern'd therein was too powerful for me to cope with To which I made answer to this effect That of this I was well satisfied but I dreaded what might be the consequence of no Mans engaging in this Detection for if that bloody Party which destroy'd his Lordship perceived such their Cruelty was unsuspected and that it was generally believed to be done by the Earl himself in probability many more might fall such Sacrifices to their Malice For if those cruel Men found any to oppose their Designs it was but to pretend a Crime and thereupon Imprison them placing over them perfidious Villains that would either Murder them or suffer others to do it and then add Perjury to Murder And they might destroy many Noblemen and Gentlemen that were truest Friends to the English Interest but if those vile Men once perceived that this their first Murder was suspected and in danger of being expos'd they would not so readily ingage in a Second Part of that horrid Tragedy the prevention whereof I did prefer to my own private Interest and Safety and tho to the certain Ruin of both I was resolved by the grace of God to ingage therein With this Resolution I made inquiry after this Edwards whom before I never saw and finding this Boy to give the Relation before-mentioned and that as soon as he came from the Tower that Morning my Lord died he declared the same to his Mother and Sisters as they were ready to attest I took in substance what the Boy and his Relations could depose and therewith went to some Magistrate but I found all shy to meddle in the Matter Being thus disappointed the very Thursday after the Earl's Death I went to White-Hall and carried with me what the Boy and his Mother could declare and were ready to make Oath of This I gave to my Lord Sunderland the then Secretary of State The Secretary commanded me to attend the then next day about Ten in the Morning and so bring with me the Boy and his Mother and his Lordship said If it were proper he would take their Depositions Friday the 21th of July 1683 I went down to White-Hall with the Boy and his Sister who could testify the same with the Mother who was then ill and sent word to the Secretary then in Council That I did attend according to his Lordship's Order Upon which a Messenger was sent forth and before the Boy or his Sister or any person was examined against me I was taken into Custody and after some short time carried before the King and Council When I first came before His Majesty the King asked me what mov'd Me to engage in that Matter I told His Majesty that I was altogether a stranger to that Honourable Family so that I lay under no greater personal Obligation than any man might who had met with the same Informations It was my love to Truth and Justice that moved me to engage therein and through the grace of God would do my duty though Death star'd me in the Face every step I made After many foreign Questions from the matter in hand I pull'd out of my Pocket the Coroner's Inquest and observed to His Majesty some of the Incoherences and Contradictions sworn before the Coroner The Duke then demanded to see those Depositions which being delivered his Highness look'd over them but made no answer to what was objected His then Majesty received them from his Highness and said as little in answer The then Lord Keeper North endeavoured to reconcile those inconsistences But I did object against such his Lordship's Reconciliation 〈…〉 This made the Lord Keeper very angry I do conceive that the Printing the Depositions was an appeal to mankind Whether what was sworn before the Coroner was not sufficient to prove the Earl Felo de se I do not so much wonder at the folly of those two inconsistent Deponents as at the indiscretion of the then Mis-Government to print such incongruous Informations as by their material notorious Difference naturally rendred both suspected as false and contrived The Boy and his Sister being examined I was called again before the Board where the Lord Keeper told me That I must give Security to answer to an Information which in that Matter should be preferred against me and that Afternoon I gave 2000 l. Bail accordingly and was discharged out of Custody Although thus treated I was resolved to proceed in my Inquiry and for some Weeks was daily in search after many particulars of which I had been Informed amongst the rest I was told that it was reported above an Hundred miles from London before the Earl's Death that he had cut his Throat in the Tower as is before observed In Search after this Report I rid into Wiltshire where I and my Servant were taken up and sent to the County Gaol upon a very illegal Warrant in the conclusion whereof The Keeper was commanded to keep us both without Conversation with any Person whatsoever and without Pen Ink or Paper till the Gaoler should hear from the King and Council A strict obedience to this Warrant might have confined me and my man to that Prison all the time of our lives From this Gaol I and my Servant were remov'd by Habeas Corpus upon the Habeas Corpus Act to be bail'd my man was discharged without bail but the Lord Keeper demanded 24000 l. Bail for my Appearance and Security for the Good Behaviour These were Terms I could not comply with and was therefore some considerable time continued in the Custody of a Messenger at above Four pounds a Week directly Expences besides other collateral Disbursements To avoid this vast Charge I Petitioned to be removed over to the Kings-Bench which after many Petitions I did at last obtain But before my removal I did agree with the Marshal upon giving 2000 l. Security and Five Shillings per Week to have the Liberty of the Rules When I was removed the Marshal insisted upon 10000 l. Security and Ten Shillings per Week which when I had given I was notwithstanding lock'd up at no less Expence than 2 l. 5 s. 3 d. per Week for Prison-Charges Thus having lain some Weeks in this Place I moved the Kings-Bench to be bail'd and at last obtained it Having once more got my Liberty I renewed my Prosecution but as a designed prevention hereof I was about November 1683 again taken up upon as illegal a Warrant as the former For herein no Crime was specified but it was granted against me for being suspected to be disaffected to the then Mis-Government By virtue of this Warrant I was first carried before Sir James Edwards then before the Lord Mayor and after that to White-Hall before the King and Council The Design of this was to charge me with bespeaking 〈…〉 the Destruction of the then mis-call'd Loyal Party But upon full Examination in this Accusation there appeared such falshood and
inconsistent malice that I was ordered forthwith to be discharged Once more being at Liberty I did renew my Inquiries in which till the Hillary-Term then following I was in almost a constant Hurry In Hillary-Term 83 Mr. Speak and my Self were Tried upon an Information for a pretended Misdemeanour In this Charge was set forth in substance That the Earl of Essex being Prisoner in the Tower for High-Treason did feloniously destroy himself and was so found by the Coroner's Inquest Notwithstanding this Mr. Speake and my Self did conspire to procure false Witnesses to prove that the said Earl was murthered by Persons unknown in whose custody he was L. p. 16. The then Attorney General tells the Court That they had a Cloud of Witnesses to prove that the said Earl did indeed destroy himself L. p. 16 When this Cloud appeared it consisted in Major Hawley at whose House my Lord was murthered Russel the Warder who then kept the Chamber-door Bomeny my Lord's Servant then attending on his Lordship and Floyd the Gentinel who kept the outward Door whilst my Lord was murthered Here are three Monday being the fourth of the men in whose Custody my Lord was and consequently according to the Information the very men Mr. Speake and my Self had conspir'd to Charge with my Lord's Murther and these very men in whose Custody my Lord was were like a Cloud of Witnesses brought to prove that those men in whose Custody my Lord was did not murther his Lordship but that the Earl himself feloniously and as a Felon of himself did kill and murther How very Ridiculous would it have looked should the then Court or Kings Council have thus spoke to those three Witnesses viz. Gentlemen you being three of the Men in whose Custody my Lord was at the time of his Death are designed to be charged by the Defendants Speak and Braddon with the Murder of my Lord but we have thought it convenient and just by you to prove that your selves did not Murder this Unfortunate Lord but that this Lord himself Feloniously and as a Felon of himself did Kill and Murther as upon only some of your Depositions he hath been already found by the Coroners Inquisition do you therefore upon Oath but purge your selves and lay the Murder to my Lords own Door and we will inflict Exemplary Punishment upon these Defendants whose Conspiracy tended to the charging you as Actors in it or privy thereunto I do humbly conceive that all this was virtually included in the Examination of those Witnesses whose Oaths were not only admitted to purge themselves but to render such as Criminals as should endeavour to charge them Should the like be practiced in Protection of all accused I am well satisfied no Man would turn Accuser If any shall say These being the Men attending on my Lord at the time of his Death and his Lordship then a close Prisoner are the Persons to be presumed privy to what was done by his Lordship just before his Death and therefore the Parties which as to that could be sworn I answer As they were the Men which were to be presumed privy to what was done by his Lordship just before his Death because they were the Persons 〈…〉 Lordship For this very Reason they were the Parties which were likewise to be supposed privy to what was done To his Lordship just before his Death and therefore admitting that his Lordship fell by Treachery and Violence these were the Men must be presumed knowing thereof whereof these Mens Testimony being in effect a Self-discharge ought not be to have been admitted This Tryal was carry'd on with all the Fury imaginable and our Offence represented as the worst of Crimes tho I do hereby Challenge such of the then Bench as are now living the then Attorny General and Kings Council Jury and all the Witnesses against me to produce out of all the Evidence against me which I 〈◊〉 suppose but not grant to be true any Action that deserv'd the Name of a Crime altho it ought to have been no small Offence to justify the Judgment against us In this I refer my self to the printed Tryal Mr. Speak was find a 1000 l. and ordered to give Sureties for his Good Behaviour during his Life And I was Fin'd 2000 l. and to give likewise Sureties for my Good Behaviour during Life Under this Fine Mr. Speak lay some years and at last upon payment of about 5000 l. his Father Mother Brother and himself got a General Pardon but I continued about five years in Custody even till the now King landed I have great reason to believe the late King would never have forgiven me for about August 1687. I saw a List of the King's Prisoners in Mr. Burton or Mr. Graham's hand and my Name was the only Name mark'd and that was twice crost which they told me was done by the King himself As soon as he had read the List many of the Prisoners were soon after discharg'd but I was design'd for Judgment not Mercy and therefore kept Prisoner till November 1688. when upon this King 's Landing I gave ten Guineas for my Security-bonds and so made my escape About the 21st of January 1688. Hawley Monday Russel Webster and Lloyd were seiz'd as suspected concern'd in or privy to my Lord's Murder and the 23d of the same Month being the second day the Convention sat the House of Lords constituted a large Committee to inquire into this matter but afterwards the Lords appointed a Close Committee consisting of these four Lords viz. The Right Honourable the Lord Steward the Earl of Devon the Right Honourable the Earl of Bedford the Right Honourable the now Earl of Monmouth and the Right Honourable the now Earl of Warrington This Close Committee met for the most part twice a Week from the beginning of February 1688. till about the Middle of May then following The 23d of which Month many Depositions and Examinations taken by the said Committee were read in the House of Lords but the Lord Steward Earl of Monmouth and Warrington being then gone into the Country in His Majesties Service it was ordered that these Depositions and Papers should be seal'd up and kept by the Clerk of the Parliament in the mean time In the Clerks hands these Papers lay seal'd up till the 26th of October then following when a new Order of their Lordships reviv'd the said Committee and soon after these Depositions were taken out of the Clerks hand by this Committee which for a considerable time did 〈…〉 Week But before their Lordship had reduced all those numerous Informations and Examinations which they and some Justices of Peace had taken in this Matter into such method as 't was thought proper to Report them to the House a Prorogation came which of Course Dissolved this Committe But when that Honourable House shall think fit to Order that those Depositions and Examinations so as before taken shall be reported to the House I hope by them