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

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he has given you an account of The next Evidence is Sir Henry Capel who tells you That Braddon comes officiously and tells him He had some discovery to make about the death of the Earl of Essex and you hear that poor Gentleman being related to this unfortunate Noble Lord was at the first time very much under surprize being in such great affliction as one Brother must needs be for another Nature obliges People to a great concern for such Accidents and he says he is not able to give an account what he said or did at that time or what Braddon did particularly say to him But when he came the second time to him he was a little more sedate and calm and then he does remember he told him If you have any thing of this nature to say Go to a Secretary of State it is his business to inquire into this Affair and 't is not the business of every particular private man because these are Matters that concern the Government But Braddon pretended forsooth it was his Zeal and his great Conscience that made him to be thus transported and to be so eager for carrying on this Prosecution The next Witness Gentlemen that you hear of is the Gentleman that seized upon Mr. Braddon in the Country and that is Mr. Beech who brought him before a Justice of Peace one Ayres that it seems is since dead and in his Pocket he found a Letter from the other Defendant Speke which is the only thing indeed in the Evidence that does affect that Gentleman and what that Letter is you have heard it read and for your better satisfaction because the Language of the Letter is pretty extraordinary if you have a mind to have it to peruse while you are here in Court you may have it with you I suppose you remember the substance of it commending the great Integrity Courage and Magnanimity of this Gentleman Mr. Braddon thanking the Person to whom it was writ for his great kindness to him and his Friends how they did hope to be able to get the Murder of my Lord of Essex tryed before any in the Tower could come to their Tryal That the Tide ran strong against them And pray you must take notice I have given him a hint he must go by another Name by the Name of Johnson and not by the Name of Braddon for a lack-a-day he would be stabbed in these dangerous times or knocked on the head if he be known by his own Name Mr. Braddon would be thought a man so considerable in the World for his Zeal for truth and the Protestant Religion that there was very great hazard of his being murdered we live in such perillous times Gentlemen This is to amuse and affright people and to put odd thoughts and jealousies and fears into the minds of the Kings Subjects which was the beginning and rise of the late Rebellion which we have all reason to remember with horrour that Rebellion that in the Issue of it brought the late King of blessed memory to the Scaffold And therefore we must have a great care of such things growing upon us now And pray Gentlemen mind the Stile of the Letter We have many thanks to give you for your care of Vs and countenance you have given to Vs and We don't doubt We shall be able to carry on the business of the Earl of Essex notwithstanding that the Tide runs strong against Vs We hope this and We hope that and t'other and so makes himself a Party And he recommends him in particular to Sir Robert Atkins to whom the Letter was written to advise him in the matter he went about which by the way you see was to pick up false Evidence to carry on this wicked design And I must tell you Gentlemen If Mr. Speke was given to believe a Lye and did write that Letter with a design to have that Lye spread abroad he makes himself a party and he is as guilty in every Circumstance as the other as to the design in general laid in the Information though not equally guilty about the management of the Witnesses And it is the Letter only that particularly affects him But I tell you If in case you think he was surprized in the thing or did it ignorantly or innocently without any Concern though he seems to have a wonderful concern in his Letter and very zealous he seems to be in the prosecution of this business you are to acquit him But if he did contribute to the design of spreading this false report he is as guilty of that part as Mr. Braddon though he be not guilty of Suborning the Witnesses But the Evidence against Braddon goes farther There is not only the Evidence of this Letter which speaks plain enough as to this design but you find also about him all the Informations that have been read The Information of this Boy of thirteen years of Age the Information of the Girle of thirteen years of Age There was also taken in his Pocket a Letter from one Burgis a famous Pin-maker of Marleborough written to one Cumpen a Post-Master at Froom in this manner Pray call to mind such a business of hearing such a report of my Lord of Essex's cutting his throat upon Friday the thirteenth of July last Pray recollect such a thing and impart it to this Gentleman the Bearer This likewise was intrusted with Mr. Braddon But it seems the man had gone and writ his Letter and had put in the sixth day which happened to be a week too soon and this must be rectified by Mr. Braddon himself he being a great Companion of Mr. Braddon's for it seems he had such a confidence in him that upon his Report he came down from London to Marleborough though now indeed they pretend they never knew one another before But it is proved he confessed he had such a regard to his report that that brought him down from London He had as I was saying put it down the sixth at his first writing and I believe as to the thing it self it was as true the sixth as any other time and the sixteenth and the twenty sixth is all one to such people And this Letter he tells you himself was writen six weeks after but Mr. Braddon must correct it No says he you mistake it must be the thirteenth it must not be the sixth the sixth would not do the business for the thirteenth was the day that he was murdred and so he was forced to interline it the thirteenth to make it to humour the story for the Lye would not pass so well if it had been put upon a day so long before but to make the Lye a correct Lye and to humour the rest of the Evidence Mr. Braddon comes and informs him it must be the thirteenth That was the next piece of Evidence that was given and I think the substance of the Evidence of the whole matter given against the Defendants for the King
being thus in the Tower killed himself Mr. Sol. Gen. Shew the Inquisition Where is Mr. Farnham Mr. Farnham Here I am The Inquisition is returned here and is upon Record Cl. of Cr. Here it is Number 11. He reads London ss An Inquisition indented taken at the Tower of London aforesaid in the County of Middlesex the 14th day of July in the year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the Thirty Fifth before Edward Farnham Esquire Coroner of our said Lord the King of the Liberty of the Tower of London aforesaid upon view of the Body of Arthur Earl of Essex then and there lying dead by the Oaths of Samuel Colwel Esquire William Fisher Thomas Godsel Esquire Thomas Hunt Nathaniel Mountney Esq Thomas Potter William How Robert Burgoine Eleazer Wickins Thomas Hogsflesh Henry Cripps Richard Rudder William Knipes John Hudson John Kettlebeter Lancelot Coleson Morgan Cowarn Thomas Bryan William Thackston Richard Cliffe Zebediah Pritchard William Baford and Theophilus Carter good and lawful Men of the Liberty of the Tower of London aforesaid who being charged and Sworn to enquire for our said Lord the King when by what means and how the said Arthur Earl of Essex came to his Death upon their Oaths do say that the said Arthur Earl of Essex the 13th day of July in the Thirty Fifth year of the Reign of our said Sovereign Lord the King aforesaid at the Tower of London aforesaid in the County of Middlesex aforesaid about the hour of Nine in the Forenoon of the same day not having the fear of God before his eyes but being seduced and moved by the Instigation of the Devil of his Malice aforethought at the Tower of London aforesaid in the County aforesaid then and there being alone in his Chamber with a Razor of the value of one Shilling voluntarily and feloniously did cut his Throat giving unto himself one Mortal Wound cut from one Jugular to the other and by the Aspera Arteria and the Wind-Pipe to the Vertebres of the Neck both the Jugulars being throughly divided of which said mortal Wonud the said Arthur Earl of Essex instantly died And so the Jurors aforesaid say upon their Oaths that the said Arthur Earl of Essex in manner and form aforesaid then and there voluntarily and feloniously as a Felon of himself did kill and Murther himself against the Peace of our Sovereign Lord the King his Crown and Dignity In Witness whereof as well I the Coroner aforesaid as the Jurors aforesaid to this Inquisition have Interchangeably put our Seals the day and year abovesaid Mr. Att. Gen. Call Mr. Evans and Mr. Edwards After this my Lord we shall shew you that Mr. Braddon went about the Town and declared the Earl was Murthered and he was the Prosecutor There is Mr. Evans Swear him which was done Pray will you give an account to my Lord and the Jury what you know of Mr. Braddon's going about and declaring he was the Prosecutor of my Lord of Essex's Murther Mr. Evans My Lord All that I know of this matter is this About the 17th of July last L. C. J. When is the Inquisition Cl. of Cr. It is the 14th of July L. C. J. Well go on M. Evans The 17th of July last I was at the Custom-House Key shipping of some Lead and the Person that brought me the Warrant I told him I could not Execute it without one of the Commissioners Officers and I bid him go to Mr. Edwards who was the next Officer adjoining to the Key and he went to his House and told him I was at the Water-side and had a Warrant which I desired him to be present while I Executed it Mr. Braddon it seems was then present in the place with Mr. Edwards when this was told him and hearing my Name Mr. Braddon came down with Mr. Edwards and found me then at Smith's Coffee-House and Mr. Edwards told me Mr. Braddon had been with him examining his Son in relation to a matter of a Razour that was thrown out of my Lord of Essex's window and I presently replied I desired they would not speak of any such matter to me for I had seen the Coroners Inquisition upon Oath where it was declared the thing was so and so and two Persons had Sworn what seemed to be contrary to this and therefore I desired they would forbear any such discourse to me L. C. J. Who they Mr. Evans Braddon and he were together L. C. J. Who he Man Mr. Evans Mr. Edwards And withal I made my application to Mr. Braddon and I desired him he would not meddle with such a matter for I thought it might be prejudicial to him and Mr. Edwards too Mr. Braddon made me no answer but went directly out of the Room L. C. J. What do you mean by so and so and a Razour thrown out of a window We do not understand your So and So. Mr. Evans Relating to a matter of a Razour L. C. J. Prithee we don't know what that matter of a Razour is Mr. Evans A Razour that was said to be thrown out of my Lord of Essex's Window L. C. J. Tell us what the Story was man Mr. Evans Mr. Edwards told me that Mr. Braddon was with him to examin his Son relating to a matter of throwing a Razour out of my Lord of Essex's Window This is that he said to the best of my remembrance Mr. Sol. Gen. Was Braddon present there Mr. Evans Yes Mr. Braddon and Mr. Edwards were both present L. C. J. Well what was the discourse between you Tell us plainly Mr. Evans Says Mr. Edwards to me Mr. Braddon has been to examin my Son about such a matter so I desired he would not discourse any thing of that matter to me and I told him I advise you not to proceed for I told him it would be prejudicial both to him and Mr. Edwards too L. C. J. What is meant by this matter He examined my Son about a matter and I desired him he would not discourse of this matter What is all that matter Mr. Just Holloway What did you apprehend by it Mr. Evans I apprehended that Mr. Braddon had been to examin Mr. Edwards's Son about such a matter L. C. J. What matter man Mr. Evans His dispersing of any such Report L. C. J. What Report Mr. Evans A Report of throwing a Razour out of my Lord of Essex's window L. C. J. Here is a Razour thrown out of a window and a matter of I know not what Mr. Just Withins Suppose a man should throw a Razour out of a window what signifies that L. C. J. Where had he heard of that matter Mr. Evans This is all I heard my Lord I am upon my Oath L. C. J. But I wish thou wouldest let us know what it is thou didst hear Mr. Jones Was there no talk of a bloody Razour Mr.
by Papers and otherwise to publish it That he was a person employed to prosecute the Murder of the Earl of Essex Now as to this matter all I shall say for Mr. Braddon is this If he have done something more it may be by a transport of Zeal than became him that must be submitted how far it is criminal If he did what did not become a mighty wise and discreet Man yet if he did what became a rational Man of ordinary Capacity to do if he had this Information and so many other Informations and he did search innocently a little into it if he did not do it Seditiously and Factiously with an ill mind we hope there is no such great harm done And indeed Gentlemen his Mind is to be tryed in this matter And 't is an hard matter to try a Man's Mind quo animo a Man did such an Action that he did it there is some sort of Evidence but if he did it not out of an ill Principle and with an evil Intention then under favour we take it he is not Guilty of this Information And we shall endeavour to make it out thus This Gentleman hearing of this Report of the Boy makes his Application first to Sir Henry Capell who was a person well known to be nearly related to this unfortunate Lord the Earl of Essex and he tells him what Information he had received Sir Henry Capell puts him into an excellent Course and desires him to go and inform a Secretary of State and he did so and if he had gone only this way all that he had done had been innocent Then the matter is only this He has gone a little out of the way and has taken some Informations and Examinations in Writing why thô he has gone a step or two awry yet if it was with a design to prepare the matter the better for the Secretary by laying these Papers before him we hope there is no Crime if we did it not Seditiously but only with an intention That Mr. Secretary might receive a more clear and full Information I hope the Jury will acquit us L. C. Just You say well Come prove your matter Mr. Thompson Call Mr. Fielder and Mrs. Mewx and Mr. Lewes Lewes appeared Cryer Lay your Hand on the Book Lewes My Lord I desire my Charges may be paid before I Swear L. C. J. Prithee what have I to do with thy Charges I won't make Bargains between you If you have any Evidence to give and will give it doe if not let it alone Lewes My Lord I shall not give any Evidence 'till I have my Charges L. C. J. Mr. Braddon if you will have your Witnesses swear you must pay them their Charges Mr. Braddon My Lord I am ready to pay it I never refused it but what shall I give him L. C. J. Nay I am not to make Bargains between you agree as you can Mr. Thompson My Lord We are willing to do what is reasonable You Lewes what do you demand Lewes He can't give me less than Six Shillings a day L. C. J. Why where doest thou live Lewes At Marlebrough L. C. J. Why can'st thou earn 6 s. a day by thy own Labour at Marlebrough Lewes My Lord I am at 40 s. or 3 l. a Week charge with my Family and Servants L. C. J. What Trade art thou Lewes A Stapler L. C. J. And does your Trade stand still while you are here in Town Lewes Yes to be sure it can't go well on L. C. J. Well I say that for you you value your Labour high enough I know not what your Evidence may be but Mr. Braddon you must pay your Witness if you will have him Mr. Braddon I will my Lord very readily what will you have I have paid you something already Lewes Give me Twenty Shillings more then You can't give me less Then Mr. Braddon paid him Twenty Shillings and he was Sworn L. C. J. Well what do you ask him Mr. Thompson Mr. Thompson We ask him what report he heard of the Earl of Essex's Death and when L. C. J. What is your Name friend Lewes Lewes L. C. J. Well what is it you say Lewes My Lord as I was riding up Husband within Three or Four Miles of Andover Mr. Wallop How many Miles is that off of London Lewes Fifty two Mr. Wallop Well go on Lewes Between the hours of Three and Five but it is so long ago that I cannot exactly tell the certain time a Man asked me what News I heard in the Country I told him I heard none Says he I hear the Earl of Essex has cut his Throat it was upon a Friday in the Summer I forget the day of the Month I can't tell what Month it was certainly Mr. Thompson What day of the Week was it Lewes I remember it was upon a Friday Mr. Thompson Can't you tell what Month it was Lewes I can't tell what Month it was it was in the Summer I know Mr. Braddon My Lord I desire to ask him a question L. C. J. Do if you will Ask him what you will Mr. Braddon Did not you go to Marleborough on the Saturday Lewes I did go to Marleborough the next day which was Saturday Mr. Braddon I desire to know of him whether he did meet with the News of it there then Lewes My Lord as to that when I came home my Neighbours asked me if I had heard any News I told them says I I hear the Earl of Essex hath cut his Throat Why when did you hear it say they I heard it yesterday said I. Said they it was done but yesterday how could you hear it so soon That is all I have to say my Lord. Mr. Williams By the best Conjecture you can make was it that very day the Earl of Essex cut his Throat Lewes I do not know that ever any such Man cut his Throat but this I heard and I tell you the time as well as I can Mr. Williams Then pray let us have our Money again L. C. J. Thou art well paid I will say that for thee Mr. Williams Where is Mr. Fielder Swear him Which was done Pray Sir what did you hear and when of the Earl of Essex's Death Mr. Fielder The Wednesday and the Thursday of the same Week that the Earl of Essex cut his Throat it was reported in our Town of Andover that he had so done The Women as they came in and out of the Town talked of it one to another L. C. J. What was talked of that Wednesday and Thursday Mr. Fielder That my Lord of Essex cut his Throat in the Tower Mr. J. Withins What before he had cut his Throat Mr. Fielder Yes Mr. J. Withins That is very strange indeed L. C. J. Lord what a story is here Mr. Williams My Lord if you please I will tell you what use we would make of it L. C. J. I know what use you would make of it the use is just
she says now she does not know it to be his Lodging Mr. Braddon My Lord she says she was told it was his Lodging L. C. J. But you have made her to say positively it was his Lodging and that he threw out the Razor Mr. Sol. Gen. Pray Sir where did you first hear this Report of this Girl Mr. Smith There at the house where she was Mr. Sol. Gen. Were you alone when you went to the Girl the first time Mr. Smith No I went with Mr. Braddon Mr. Sol. Gen. Did you hear any thing of it before What did induce you to go along with Mr. Braddon What were the Arguments that prevail'd with you to go with him Mr. Smith I did not know where he was going Mr. Braddon called me at the Shop as I stood at the Door and ask'd me if I was busie or would go with him so I went with him to the Tavern Mr. Sol. Gen. You never heard one word before of the Girl 's report Mr. Smith No I did not L. C. J. What else did the Girl tell you Mr. Smith I can't say what else she said This I remember that I have told you L. C. J. Did she name the Earl of Essex's Lodgings Mr. Smith I am sure she said the Lodging where the Earl of Essex lay L. C. J. Did she name the Earl of Essex Mr. Smith She did name the Earl of Essex's Lodgings L. C. J. Did she in so many words say That it was the Earl of Essex's Lodgings Mr. Att. Gen. Your Lordship sees they give one Evidence and she another Mr. Smith I cannot say whether she did in so many words say so or no but she said That she saw a Hand toss out a Razor and either the hand was bloody or the Razor and it was where my Lord of Essex's Lodgings was L. C. J. But did she name my Lord of Essex's Lodgings Mr. Smith Yes she did L. C. J. Well what else did she say Tell us all she said Mr. Smith She said there was a man stood below and she heard two shrieks and the Man did say Here is a Razor and a Woman came out or one in Womans cloths with white headcloths Mr. Braddon asked if she see any Body take it up and she said no but she heard a Man say here is the Razor and she saw a Woman come out L. C. J. You are sure that is all you heard her say Mr. Smith I think so L. C. J. Recollect your self pray good Mr. Smith Mr. Smith I do not know that I heard any thing else L. C. J. Pray read his Information C. of C. Here is William Smith subscribed Mr. Smith Mr. Braddon writ down what the Girl said and we did read it over all and then set our hands to it L. C J. Well Sir Read the Information then C. of C. Reads the Information as before L. C. J. You hear what you have affirmed in this Paper that the Girl said you have forgot in your Evidence now this long business about the Soldier Mr. Smith My Lord I have told all I did remember L. C. J. Why you have set your Hand to it Mr. Smith I did read it over and it was nothing but what the Girl said I am sure L. C. J. Where do you live Mr. Smith In Throgmorton-street L. C. J. What Trade Mr. Smith A Barber L. C. J. A notable Shaver upon my Word a special fellow I 'le warrant him Mr· Braddon Call Mrs. Mewx who appeared and was Sworn Pray what day was it you went from London to Barkshire Mrs. Mewx The day before my Lord Russel was tryed Mr. Braddon What Expression did you hear from a Gentleman in the Coach L. C. J. We must not suffer such a Question to be asked that is not Evidence Mr. Braddon My Lord I ask the Question in general terms what she heard such a day L. C. J. Does she know any thing of her own Knowledg Mr. Braddon She can tell what she heard my Lord. L. C. J. 'T is no Evidence Mr. Braddon Will your Lordship please to hear what she says L. C. J. No I will not hear what I should not hear let her speak what she knows Mr. Braddon She knows this that a Woman told her L. C. J. Ask your Councel whether that be Evidence If you will not be satisfied with what I say ask them Mr. Wallop She proves a Report L. C. J. I ask it of you Mr. Wallop Is what another said to her Evidence in this Case Mr. Wallop My Lord If really there was such a Report L C. J. Is that Evidence Mr. Wallop 'T is Evidence there were such a Talk and that is Evidence of the probability of the thing L. C. J. I 'le leave it to your self If you as a Lawyer say 't is Evidence we will hear it because you say so but I believe you nor no body else will offer to say any such thing Mr. Wallop My Lord we lay it before the Court as part of the Ground upon which we went in our being concerned in this business L. C. J Is that a Justification of Mr. Braddon Mr. Wallop Upon these probabilities he ingaged in this matter and to prove this Report he brings this Gentlewoman to tell what she heard L. C. J. Why is what the VVoman told her Evidence She reported a Report to me can that be Evidence Mr. Wallop My Lord with submission we think it justifies Mr. Braddon that he went upon these grounds L. C. J. Where is the Woman that told her why is not she brought Mr. Wallop They say She is so big with Child she can't come L. C. J. Why if that Woman were here her self if she did say it and would not Swear it we could not hear her how then can her saying be Evidence before us I wonder to hear any man that wears a Gown to make a doubt of it Mr. Braddon I desire Jeremy Burgis may be called who appeared and was Sworn Mr. Wallop VVhat can you say about the Report in the Country Mr. Burgis I was at Frome about my business on a Fryday L. C. J. VVhy Gent. what are we doing all this time Do you think we sit here for nothing Is not this the first time that a Report was given as Evidence in Westminster-Hall Mr. Freke My Lord We are necessitated to use this sort of Evidence L. C. Just. I tell you Sir It is no evidence be necessitated what you will Mr. Freke My Lord They have produced this man's Letter that was taken about Mr. Braddon that is produced in Evidence against him now this man comes to give an Account how he came to write that Letter L. C. Just. But he shall not give an Account by a Report in the Countrey Mr. Burgis It was written to the Landlord of the house where I quartered that he might give notice to Mr. Braddon of a Discourse that passed in his house that Friday of a Report that was there concerning
except it be some remarks out of the Evidence that has been given on the other side which it will be material for you to take notice of Now Gentlemen For the Defendants they bring this Evidence First they bring a man I think his name was Lewes to whom they gave the Money before he would give his Evidence And he says one day he was going up a Hill near Andover and going up the Hill he heard the News of my Lord of Essex's cutting his throat but what Day Week or Month it was he cannot tell that he heard this And Gentlemen Let me tell you 't is as bad as the case it self and worse if possible the endeavouring to pick up Witnesses to put a Colour and Countenance upon so black a Villany as this is Then the next Evidence is Fielder and he tells you that at their Town of Andover the Wednesday before my Lord murdred himself it was all the talk about the Town that he had cut his throat it was in every bodies mouth the Market people Men Women and Children all over the Town had it when the Earl of Essex did it not till the Friday following We asked him to name any one no truly he could not the Town was so full of people and yet he cannot remember one whence he had it but Gentlemen here is the malicious design of the matter 'T is to make it believed it was a designed business to murder my Lord and cast it upon himself and they knew of the design at Andover two days before the fact was done As though the persons that designed to murder him would go to make it publick as such a Report was likely to do But the design of this besides the falshood and baseness of the thing it self does speak malice and sedition and all the distempers of a disloyal mans Heart and to go about to get Witnesses to support the credibility of a thing that is notoriously false is ten times worse than the spreading of such a Report it self Then comes Mrs. Edwards the Mother she is the next Witness and she tells you at first the Boy did tell this strange Story but afterwards denyed it but she likewise tells you how Mr. Braddon came and how he dealt with the Boy He is a busie man you see a great Reformer that does mightily concern himself in the Reformation of the Government I never knew that Mr. Braddon had any great share in it He has not such a prodigious Estate I suppose that for fear of losing his great Estate he should be so wondrous busie and active in reforming the Government but I have always observed it for a Rule that your beggarly inconsiderable fellows are the warmest people in the business of Reformation and for defending Liberty and Property as they call it and then they put it under the disguise of Religion when alas those that have no Religion are generally the greatest pretenders of taking care of it and those that have no Estates nor Properties are usually the fullest of noise about Liberty and Property But the meaning of it is plain if they can but exasperate the people into a Rebellion that is the way to get a property And if they can but have Liberty to do what they please that is all the Liberty they contend for They are such mean inconsiderable fellows only that make all this ado among us For no persons of any interest or quality will offer to engage in any such thing But I hope the Snare is seen and we shall avoid it for God be thanked we live under a regular Government where the Laws are duly exeecuted we need not be afraid of wrong from the Government The Courts of Justice are open where they may have security and the best security to good Subjects is that which the Law gives them Mrs. Edwards she tells you When Braddon came to inquire about it it made them all a little concerned and the Daughter was affrighted and she comes to the Boy and says Billy Billy here has been a Man about such a thing pray speak the truth Why says he will any harm come of it Says she I can't tell but tell you the truth And then when the Boy comes to tell truth he then says All the story was false Besides this says she we told Mr. Braddon before the Boy signed it That he had said it was false and he was told it again before the King and Council that it was false But nothing would serve him but he must have a Horse and a Man and he must go his Circuit to pick up ridiculous stories Letters must be contrived from one to another to give a colour to the matter and all this to spread about his malicious Reports and false News And by this means Gentlemen I must tell you The matter is fixed as to the second part of the Information which is the corrupting of Witnesses for though he did not get any Witnesses sworn and so 't is no Subornation of Perjury strictly yet however 't is a Misdemeanor to labour any one much more such a Child into a falsity as apparently he did for as the Boy swears now He never did make mention of going to my Lord Gerrards Lodgings The next Evidence is young Mrs. Edwards Sarah the Daughter and she comes and gives an account of the same That the Boy did tell such a story at first but says she I knew him to be such a lying Boy and I had so often found him in Lies that I did not mind what he said And he used to tell Lies when he had been playing Truant Then comes Mr. Braddon to inquire about the business and when he began to prosecute it the Girl began to be affrighted and she calls the Boy to her and ingaged him to tell her the Truth and then immediately upon that he did say it was all a story and invention of his own And then 't is very material to observe That the Boy in that Paper of Information which is all of Mr. Braddons hand-writing makes the Circumstance of the Razors falling down to be cast of the inside of the Pales and the Girl says it was of the outside and there was a Coach and abundance of People by and a great many fine Circumstances and not one of them true The next piece of Evidence is she does say That after he told her it was false she gave notice to Braddon and being asked Whether she did not frighten him by threatning his Father would be turned out of his place she swears No. But all those kind of Questions were by a side wind to make Reflections upon the Government as though the King would turn men out because they would not swear what was false It carries I tell you a sting towards the Government still and shews the malice of the design But Gentlemen you hear what is said about that there was no such thing said They did apprehend some fear but from
seditiously did conspire together to make the Kings Subjects believe That the Inquisition aforesaid was unduly taken and that the said Earl of Essex did not murther himself but was by certain Persons unknown in whose custody he was murthered And it further sets forth that these Defendants Laurence Braddon and Hugh Speke designing to disturb and disquiet the minds of the Kings Subjects and to spread false reports did conspire to procure certain false Witnesses to prove that the said Earl of Essex was not a Felon of himself but was by some Persons unknown killed and murthered And to perswade other Subjects of our Sovereign Lord the King to believe the said Report they did falsly malitiously Unlawfully and Seditiously cause to be declared in Writing That the said Laurence Braddon was the Person that did prosecute the said Earls Murther And this was to the great Scandal of the Government to the evil Example of all Persons in like case offending and against the Peace of the King his Crown and Dignity To this the Defendants have pleaded Not Guilty if we prove it upon them we make no question you will find it Mr. Att. Gen. May it please your Lordship and you Gentlemen of this Jury Mr. Speke and Mr. Braddon these two Gentlemen are accused of as High Conspiracy as ever has or could well happen in our days of throwing the Murther of a Person that killed himself upon the Government And I must acquaint you their design was of an higher Nature than barely that for this Gentleman my Lord of Essex was committed to the Tower for the late Plot and being so committed when he had killed himself there that was more than a thousand Witnesses to open the eyes of the People and confirm the belief of the Conspiracy And one would have thought after that there had been an end of the design that these Protestant Gentlemen as they call themselves were carrying on when the Earl of Essex a Person of that Quality and Worth should go to Murther himself upon the sense of what he was Guilty of So that the Design Gentlemen was to stifle the Plot and at the same time they must throw this ill thing that the Earl had committed upon himself upon the Government that Gentlemen was the main disgrace in order to stifle that great Evidence of the Plot. And Mr. Braddon must of his own head not being put on by any of the Friends of the Earl of Essex who were all very sensible the Earl had done this Fact committed this Murther upon himself but I say he out of a true Principle to manage the Protestant Cause as they call it but indeed it was the Plot he becomes the Prosecutor of this business and you will find him by the proofs in the Case a man of many like Projects For you will find him value himself upon these Titles That he is the Prosecutor of the Earl of Essex's Murther and the Inventor of the Protestant Flails an Instrument I suppose Gentlemen you have all heard of Now Gentlemen to make this appear to the World Letters are sent into all Parts of England of this Bruit and Report He himself goes about to find Evidence for it was so great a truth and there was such a plain proof that the Earl of Essex had killed himself that he must labour it to get Evidence And he goes about it accordingly and at length he meets with a little Child of Twelve years of Age and he prepares for him all with his own hand-writing a Deposition which is a feigned Story all of it and in every part of it will appear to be false and there he mightily solicits this young Boy to sign it He comes to his Fathers House carries him in a Coach forces him away and forces him to sign this Paper that he had thus prepared for him all of his own invention and writing and with the like confidence as he appears here for so he does appear with very great Confidence as you may observe he attests it himself And Gentlemen we shall shew you that here up and down the Town he makes it his common discourse what he was in hand with and makes his boast of himself to be the Prosecutor of the Earl of Essex's Murther and he had as good a Confederate as himself Mr. Speke and he having an Interest in the Country whither the news must be sent all abroad and Mr. Braddon must go to pick up Evidence I know not where a great way off of a Murther committed in the Tower We shall prove to you he had Letters Missive and recommendatory from Mr. Speke to a Gentleman with whom Mr. Braddon was to advise for they looked upon it to be as dangerous an Enterprize almost as the Plot it self as indeed it was therefore they must be wary and Mr. Braddon is advised to go by a wrong name so this Mr. Speke and Braddon were to carry on and make up this Tragi-Comedy for I can call it nothing else for the ridiculousness as well as the dangerousness of the Design The report was to be that this Murther of the Earl of Essex was committed by the Officers that attended my Lord and to fall out in time when his Majesty was in the Tower as if the King himself had a hand in it We shall trace it in all the parts of it by several Witnesses and hope you will make them an Example first by finding them Guilty and the Court afterwards by a severe Punishment for such a villainous practice to scandalize the Government with the Murther of a Noble Peer We shall begin with shewing you the Inquisition or rather first with the Convictment of the Earl of Essex for High-Treason because that is said in the Record by way of inducement Call Mr. Reynolds who was sworn Have you the Warrant of Commitment of my Lord of Essex Mr. Reynolds Yes Mr. Att. Gen. Shew it the Court. Let the Clerk read it Mr. Reynolds This is the Commitment that was delivered the Lieutenant of the Tower together with my Lord of Essex Cl. of Cr. This is directed to Thomas Cheek Esquire Lieutenant of his Majesties Tower of London Subscribed Leolin Jenkins and dated Sir Leolin Jenkins Knight of his Majesties most Honourable Privy Council and Principal Secretary of State THese are in his Majesties Name to will and require you to receive into your Custody the Person of Arthur Earl of Essex herewith sent you being committed for High-Treason in compassing the Death of the King whom God preserve and conspiring to Levy War against His Majesty And him the said Earl of Essex to keep in safe custody until he shall be delivered by due course of Law And for so doing this shall be your Warrant Given under my Hand and Seal at Whitehal the 10th day of July 1683. L. Jenkins To Thomas Cheek Esquire Lieutenant of His Majesties Tower of London Mr. Att. Gen. My Lord we will then read the Inquisition that the Earl
will do it now or no I cann't tell Mr. Att. Gen. Did you acquaint Mr. Braddon That you had found this Boy to be a lying Boy and detected him in Lyes several times Mr. Edwards May it please you Sir I acquainted him with thus much Said I Mr. Braddon As I have dealt ingenuously with you to let you know what the Boy 's Report was so I must likewise tell you that I cannot nor will undertake to assert the truth of it and presently upon that my Daughters told me the Boy had many times excused his playing Truant by false Stories Mr. Att. Gen. Did you acquaint Mr. Braddon that your Boy was a lying Boy at that time Mr. Edwards I think I did not at that instant of time L. Ch. Just How old is this Boy you talk of Mr. Edwards About 13 years of Age my Lord. Mr. Att. Gen. What do you know of Mr. Braddon's forcing your Boy to sign any thing that he had prepared after this Mr. Sol. Gen. When you told him your Boy had deny'd it what did he say was he pleased and satisfied Mr. Edwards He was not told it by me but some of my Family Mr. Sol. Gen. How did he behave himself Mr. Edwards At the same time they told him he denied it at the same time they told him he owned it again Mr. Sol. Gen. How did Mr. Braddon behave himself Mr. Edwards Like a civil Gentleman I saw nothing else by him but that he was very zealous in the Business that is the truth of it nothing could perswade him to desist Mr. Just Holloway Pray did you ask Mr. Braddon or did he tell you what was the reason that he was so inquisitive about this Razor and the Report of the Boy Mr. Edwards As to that he told me he would let me know the reason of it which was out of conscience Mr. Jones Did not Mr. Braddon carry your Son before several Justices of Peace Mr. Edwards Before none as I know of not one truly to my knowledge Mr. Att. Gen. Did you understand he had taken your Boy from your House in a Coach Mr. Edwards Never till he carried him into his Majesties presence before the Council and I knew not that till the Boy came home Mr. Thompson Mr. Attorney Have you done with him May I ask him a Question Mr. Att. Gen. Ay ask him what you will Mr. Thompson If I understand you right Sir this Report of the Boys was that morning that the Earl of Essex was murdered L. Ch. Just Was murdered murdered himself man Mr. Thompson My Lord I mean the day of his death Now I would ask you Sir when that was Mr. Edwards The Boy 's Report was this Sir Mr. Thompson I ask you not what his Report was but when what day it was Mr. Edwards The 13 th of July That day the Earl of Essex cut his Throat Mr. Thompson How many days after that was it when Mr. Braddon came to you Mr. Edwards It was not till the 17 th of July Mr. Thompson Had you discoursed of the Report of your Boy at the Custom-house or any where else that same day he came to you Mr. Edwards I cannot say that Mr. Thompson Had you discoursed it before Mr. Braddon spake to you upon your Oath Mr. Edwards Yes I believe I had Mr. Sol. Gen. Had you discoursed it before your Boy told you Mr. Edwards I should then indeed have been the Contriver of the Story Mr. Att. Gen. So it is like enough you were Mr. Sol. Gen. Had you discoursed it to any body before you went home to your own House upon your Oath Sir Mr. Edwards Upon my Oath then I discoursed nothing of that nature not a tittle of it nor knew nothing of it till I had it from my own Family Mr. Sol. Gen. Did you not discourse of it before you went home Mr. Edwards No when I came home they told me of it L. Ch. Just I ask you again Sir Did not you tell it before you came home Mr. Edwards About 10. a Clock I having heard the News of the Earl of Essex's cutting his Throat at the Custom-house I stepped home being very near to my own House and as soon as I came in at the Door the Family began to give me an account what News the Boy brought in L. Ch. Just That was the first time you heard of it Mr. Edwards Yes that was the first time I heard of it L. Ch. Just And did not you discourse of it till after that Mr. Edwards No. L. Ch. Just Call Mr. Evans Let him come in again then Mr. Att. Gen. Let Mr. Evans come in again L. Ch. Just Mr. Evans I would ask you this Question There was three times that you say I think that you had discourse with Edwards about the Matter as you call it once at Essex and twice at the Custom-house Mr. Sol. Gen. No not in Essex it was Hatsel and Braddon my Lord that came to him there Edwards was not there L. Ch. Just When you first had a Discourse with Edwards about this Matter what was it that Edwards did say to you Mr. Evans Being upon Custom-house-Key and Captain Goodland and several others standing upon the Key that very morning my Lord of Essex's Throat was cut about 11. a Clock Mr. Edwards came to us being standing upon the Key and told us That he was informed his Boy had been at the Tower and came home and told his Mother He saw a Hand throw a Razor out of a Window and that he went to take it up and a Maid or a Woman came and took it up and went in again L. Ch. Just Evans did he tell you this as if he had been at home Mr. Evans No I think it was that he had it from home by some Hand or other Mr. Edwards I was at home Mr. Evans My Lord at two a Clock in the afternoon when he came again to the Custom-house he did tell us he had been at home and his Boy had told him the same Story L. Ch. Just But when he told you before he had dined did he say He had been at home Mr. Edwards My Family can testifie I was at home between 10. and 11. a Clock Mr. Evans To the best of my remembrance he told me he heard so from home L. Ch. Just Before he went home you say he told you of this and that was 10. a Clock in the morning and about 2. of the Clock in the afternoon he said he had been at home and it was true Mr. Evans Yes my Lord. Mr. Edwards My Lord I was at home L. Ch. Just Mr. Edwards did you tell him so or did you not Mr. Edwards It is like I might say so about 10. a Clock but not before I had received the Report at home Mr. Evans I understood it so my Lord That he had heard from home L. Ch. Just I ask you this upon your Oath mind the Question and answer me plainly Did
and a Maid come out and take it up and go in again Mr. Thompson Did you see any such thing as a Bloody Razor cast out Will. Edwards No. L. Ch. Just What a dust has such a trivial Report made in the world Admit the Boy had said any such thing what an Age do we live in that the Report of every Child shall blow us up after this rate It would make a body tremble to think what a sort of people we live among To what an heat does Zeal transport some people beyond all reason and sobriety If such a little Boy had said so 't is not an half-penny matter but presently all the Government is to be libell'd for a Boy which whether he speaks true or false is of no great weight and he swears 't is all false Mr. Sol. Gen. My Lord We shall next call Dr. Hawkins's Son of the Tower Where is Thomas Hawkins who was sworn Mr. Att. Gen My Lord Agreeable to what the Boy has now said to shew you that what Mr. Braddon got him to sign was all false here is the young man that truanted with him the same morning that was with him all the time the whole morning that says there was no such thing and he saw no such thing and how could it enter into the Boys head such a malicious lye if it had not been dictated Pray Mr. Hawkins will you acquaint my Lord and the Jury whether you play'd Truant that morning with this other Boy and where you were L. Ch. Just Ay Tell the truth in Gods name Young Man be it one way or t'other let the truth come out Hawkins In the morning Sir I met with him at the Tower going round with the King and we walked round the Tower as long as the King walked and then the King going into the Constables house we and some more Boys were playing L. Ch. Just Prithee speak out as though thou wert at play at Chuck-farthing Hawkins After we had been at play I went home and after I had been there a little while news was brought to my Father that the Earl of Essex had killed himself My Father went down and I followed him and after I had been there a little while William Edwards came home and there we stood looking up at the Window an hour or two at least and after we had tarried there a great while I went out of the Tower Gate a little after 11. Mr. Att. Gen. Was there no Razor thrown out of the Window Hawkins No there was no Razor thrown out L. C. J. Didst not thou see a Razor thrown out of the Window and a Maid come and take it up Hawkins No there was no such thing L. C. J. Were you there before Edwards came Hawkins Yes L. C. J. And you went out with him Hawkins Yes L. C. J. Did you and Edwards go away together Hawkins Yes Mr. Thompson Did he tell you of any such thing Hawkins No. Mr. Sol. Gen. What time of the day was it that you went out of the Tower Hawkins Almost 11 a Clock Mr. Wallop The Boy does say he did tell his Father and Mother and all the Family of it And 't is plain by the Father that it was known in the Family by 10 of the Clock Mr. Att. Gen. Was this young man with you all the time that you was there Edwards William Edwards Yes Mr. Att. Gen. Did not you tell your Father of this Story when you came from the Tower William Edwards Yes Mr. Att. Gen. And that was the same time you came out of the Tower with Hawkins William Edwards Yes Mr. Att. Gen. And you Hawkins was this young man with you all the time you were at my Lord Essex's Window Hawkins He came thither while I stood there Mr. Att. Gen. My Lord This is but the beginning of our Evidence your Lordship sees what a fine Case it is and how all this noise and bustle has come to be made in the World The Rumour first did arise in a Fanatick Family and was propagated by that Party Mr. Jones Ay 't is easily known whence it came L. C. J. Gentlemen pray will you go on with your Evidence and make no descants Mr. Freke You Hawkins when you came from your Fathers house did you find that Boy in the Tower Hawkins Yes Sir a going round with the King L. C. J. That was before this thing happened Mr. Freke Were you with him all the while he was in the Tower Hawkins Just before my Lord Essex cut his Throat I went home Mr. Freke Were you with him all the time or no And how long were you with him Hawkins I went with him round the Tower with the King And after we were at play and then I went home and then when I had been at home a little time the rumour and noise came that the Earl of Essex had killed himself so I went with my Father and stood before the Window and I tarried there a while before he came home and I stayed with him looking at the Window a great while and we went out of the Tower together Mr. Freke You little Boy Edwards was this Mr. Hawkins with you all the time that you were in the Tower William Edwards Yes but only a little while that I was at the Mills Mr. Att. Gen. My Lord We had not laid so much weight upon Mr. Braddon for this matter but that he could not be quiet but must inform the King of it and this matter was all examined before the King the Boy was sent for and before his face the Boy declared it was a Lye And after he knew this and after the Boy had twice in the presence of the King denied it yet notwithstanding all this then was the Project between him and Speke We shall first prove the Examination of this matter before the Council and how he was acquainted with it Pray call Mr. Blathwaite and Mr. Mon-Stevens Mr. Blathwaite was Sworn Mr. Att. Gen. Pray Mr. Blathwaite will you give an account whether you were present at the Council when Mr. Braddon brought this Information and how the matter was Examined there and what was done Mr. Blathwaite My Lord It was on the 20 th of July that Mr. Braddon came to White-hall he may remember I was there for he could not but see me attending on the King This little Boy was brought before his Majesty and was asked what Information he had given Mr Braddon And whether the Matter of the Information was true The Boy said it was a Lye and that upon his faith it was not true Mr. Braddon knew all this for he was called in and informed of it and I believe Mr. Braddon will remember that he heard the Boy deny it The whole Examination could not but shew that it was an Invention of his as he said it was to excuse himself for having plaid Truant that day and that because he was afraid to go home he invented that Lye
After this Mr. Braddon as it appears did nevertheless pursue this business L. C. J. Pray only tell what you know of your own knowledg both before and after Mr. Blathwaite I know my Lord that Mr. Braddon having been in the Country came afterwards before the King and was again Examined upon this matter by which it appeared that he did continue in his pursuit though he was always informed of the denial the Boy made and that it was understood to be a Lye by the whole Family of the Edwards's as well as from the denial of the little Boy for they did confess that the Boy used to tell Lyes and one of the Sisters said he had denied it at first but afterwards was brought to say it And if I remember right the words of one of the Sisters were BRADDON COMPELLED THE BOY TO SIGN IT Those are the words in the Minutes that I took at the Examination therefore I believe it was so that the Boy had denyed before to sign it But this I only mention as what the Sister said L. C. J. Have you any more questions to ask Mr. Blathwaite Gentlemen Mr. North. Because we will not trouble Mr. Blathwaite to call him again pray produce the Letter Mr. Att. Gen. Pray Sir will you look upon that Letter and tell the Court what you know of it and whose hand it is Mr. Blathwaite My Lord this is a Letter that was produced before the King when Mr. Speke attended there It was then put into my hands and I do well remember and likewise I have written upon it that Mr. Speke owned it to be his Letter L. C. J. Did he own it to be his Letter Sir Mr. Blathwaite Yes he did own it to be his Letter Mr. Att. Gen. That is all we have to trouble you with at present Sir We will now call Mr. Mon-Stevens who standing up by the Cryer was sworn And we call him to prove That Mr. Braddon had notice the Boy had disowned this Matter Mr. Sol. Gen. You hear the Question Sir pray acquaint my Lord and the Jury what you know of this Boys Examination before the Council and this Gentleman 's having notice the Boy disowned the thing Mr. Monstevens My Lord About 5 or 6 days after my Lord of Essex had murdered himself in the Tower I saw Mr. Braddon at the Secretary's Lodgings my Lord Sunderland's Lodgings at White-hall with a young Woman and a Boy about 12 or 13 years old The Boy was just now in Court I saw him there He came to me and told me he had earnest Business to speak with my Lord Sunderland That he came from Sir Henry Capel and he told me he came with an Information That the Boy had given relating to the Earl of Essex's death The Information I believe is in Court. He gave me the Information and I read it and I remember there was something in the Information of a Razor thrown out of a Window a bloody Razor thrown out of my Lord Essex's Window and after I had read the Information I told Mr. Braddon I wonder Sir Henry Capell had not appeared himself in a Matter of that moment wherein the Reputation of his Family was so much concerned and I took the liberty to tell him That I believed if Sir Henry Capell had thought that to be true that was contained in that Paper he would doubtless have came to my Lord Sunderland himself Thereupon he told me That Sir Henry Capell had not been well and did not stir abroad Then I told Mr. Braddon again as I very well remember That I was confident he had been abroad lately and had been to wait upon the King since the death of my Lord of Essex Then my Lord he had little or nothing to say to that but he said what he did he was obliged to do in Conscience and out of the Duty he owed to the Memory of my Lord of Essex Upon that my Lord Sunderland came by and I went with him to my Lord Sunderland and he gave him that Paper as I suppose which I read and my Lord Sunderland took the Information and afterwards Mr. Braddon was committed in Custody and then the thing was brought before the King and the Lords of the Council which Mr. Blathwaite has given you an accompt of Mr. Att. Gen. My Lord I pray that a word of the Information may be read we will first prove the Information taken by him and then call Sir Henry Capell who will prove that he never had any Order from him as he said he had but it was only his own busy Inclinations Cl. of Cr. This is Subscribed William Edwards L. C. J. Call the Boy in again Mr. Braddon May I ask Mr. Monstevens a Question My Lord L. C. J. Ay ask him what you will Mr. Braddon Sir Did not I come to you the Thursday Evening and waited at the Dutchess of Portsmouth's Lodgings before I brought the Boy and the Girl to White-hall Mr. Monstevens No I did not see you there Mr. Braddon You are positive in that Sir Mr. Monstevens Yes I will take my Oath again of it if you will Mr. Braddon Then I will prove I was and that I saw you at Ten of the Clock that Morning Mr. Monstevens I remember my Lord very well That I was surprized to see him at the Lodgings at White-hall I never saw him to the best of my remembrance but once in my life Mr. Braddon What time was it pray you first saw me Mr. Monstevens It was in the Afternoon as I remember L. C. J. Hark you young Man do you know my Lord Gerard Wil. Edwards Yes L. C. J. Which Lord Gerard do you know Wil. Edwards My Lord Brandon Gerard. L. C. J. How came you to know him Wil. Edwards By sight I know him L. C. J. Do you know where he lodged in the Tower Wil. Edwards Yes L. C. J. Where Wil. Edwards At one Mr. Sam 's L. C. J. Was you ever in his Lodging Wil. Edwards No. L. C. J. Never at all Wil. Edwards No. L. C. J. Did you never tell any body you were in my Lord Brandon Gerrad's Lodgings Wil. Edwards Never in my life L. C. J. Did you never tell Braddon that you went to see his Lodgings Wil. Edwards Into the House I never went L. C. J. Did you never tell Braddon That you went to see my Lord Brandon Gerard's Lodgings Never in your life Wil. Edwards No Sir L. C. J. Now read it Cl. of Cr. Reads The Information of William Edwards second Son to Thomas Edwards of the Parish of Allhallowes Barkin London taken the 18 th day of July in the 35 th year of the Reign of our Sovereign Lord King Charles the 2 d. Anno 1683 says That this Informant on Friday the 13 th of this instant July as he was going to School with his Brother Edward he heard that his Majesty and his Royal Highness the Duke of York were going to the Tower Whereupon
not let him take it at all but went away with it I remember this for Sir Robert Clayton and it may be Mr. Braddon may remember the same of Sir John Lawrence but I can't tell that Mr. Att. Gen. My Lord Now we are come to the 20 th of July when this business was heard before his Majesty and the Boy declared it was a Lye and then he had full notice it was a Lye But after this Mr. Speke and he consult together and he must be sent as an Emissary into the Country to pick up Informations and Evidences and with this and some other Informations in his Pocket to possess the People That the Government had Murdered my Lord of Essex And he must be sent I know not how far as if the further he went from London the better Intelligence he was like to have of a thing done at the Tower The Justice of Peace that took him was summoned but is since dead But we will call the Persons that were present when he was taken where is Mr. Beech He was Sworn Mr. Beech will you acquaint the Court and the Jury with the manner of apprehending this Gentlemen and what Papers were found about him Mr. Beech. My Lord I was present when Mr. Braddon was apprehended in Wiltshire and several Papers were found upon him and upon Examination he was committed to the County Goal and from thence removed by Habeas Corpus hither up to London I have Copies of all the Papers that were taken about him which I Examined with the Originals The one was the Copy of a Letter sent by one Speke to Sir Robert Atkyns and there were other Papers in the nature of Informations another was a Letter to one Compton Post-Master at Frome Mr. Braddon upon his Examination said his business was to enquire after the Murder of the Earl of Essex and that one Mr. Burgis had sent him a Letter to this purpose That it was reported at Frome that very day the Earl of Essex cut his own Throat that he had so done the news of which could not so soon come down thither Mr. Att. Gen. Pray speak out Sir Tell what his business he said was and as to the Letters he had about him tell us what he said Mr. Beech. He told me that he had a Letter from one Mr. Burgis of Marlebrough to go to one Compton at Frome who is Post-Master there to inquire about a Report that it was said was reported in Frome the 13 th day of July the same day the Earl of Essex Murdered himself that he was Murdered Mr. Braddon had that Letter about him I went afterwards to that Compton at Frome he said he never heard any thing of it or that there was any noise of the Earl of Essexe's Murder until the Sunday following which was two or three days after From thence I went to my Lord Waymouth a Person of Quality that lives near Frome and acquainted his Lordship with it and he then said that he had an account on the Sunday of My Lord of Essex's Murder and he believed that was one of the first Letters of it that was in the Country Mr. Att. Gen. Are these the Papers you found about him Sir Mr. Beech. I Examined these Copies with the Originals and they were true Copies Mr. Att. Gen. Well put them in Mr. Beech. Truly Mr. Braddon gave a very ill accompt of his Journey to those that did Examine him Mr. Att. Gen. Pray look upon those Papers that are the Originals Mr. Beech. One Col. Airs was the Justice of Peace before whom Mr. Braddon was Examined and by whom he was Committed he is since dead but I do believe this was the Original Letter that was taken about Mr. Braddon L. J. C. Do you believe that was the Original Mr. Beech. I do I have a true Copy of it Mr. Att. Gen. Besides we will prove it otherwise to be Mr. Spekes hand It was proved by Mr. Blathwaite that Mr. Speke upon his Examination did own it what say you Mr. Blathwaite Mr. Blath He did own it And said in these words as I remember he believed it to be his hand Mr. Att. Gen. What that Paper Mr. Blathwaite Yes and I have put my hand upon it That it was owned by him L. C. J. Read it Cl. of Cr. This is subscribed by Hugh Speke and dated London Lincolns Inn August 15 th 1683 Wednesday Night 10 a Clock and directed For the ever Honoured Sir Robert Atkyns Knight of the Bath at his House at Netherswell near Stow on the Old in Gloucester-shire Honoured Sir THe Bearer hereof is one Mr. Braddon a very honest Gentleman whose Father has at least eight Hundred per Ann. in Cornwall It seems it is his Fate to be the only Person that follows and Prosecutes the Murder of the Earl of Essex and he has made a very considerable discovery already of it notwithstanding the hard Stream he rows against as things stand and are carried on at present But indeed I think it could never have fallen on so fit a Man for he has been a very hard Student and is a Person of a very good Reputation Life and Conversation and has a great deal of Prudence and has as much Courage a any one living whatsoever He went away on a sudden hence Post towards Marlebrough to make some farther discovery and what he has discovered he will give you a full accompt and of all the Transactions hitherto above it I lent him my Man to go with him for fear he should come to any mischief for most here fear that he will be either stabbed or knock'd in the head if he do not take great care of himself seeing he came into these parts I thought it not amiss to go and advise with you how he had best to proceed in it and I did charge him not to let any body know who he was that it might not be known that he had been with you For I would not for the whole World that you should come to any prejudice in the least for your kindness towards us For we labour under many difficulties as the Tide runs at present Pray call Mr. Braddon by the name of Johnson when he is with you I have given him the same Item We hope to bring on the Earl of Essexe's Murder on the Stage before they can any of those in the Tower to a Tryal He being in great hast I have not time to write more but to assure that Mr. Braddon is a Person of that Integrity and Courage that no body needs fear to trust him I was very willing that he should take your advice in this Case which is of so great a moment seeing he came within twenty or thirty Miles or thereabouts of your House He will give you a full and clear Relation of every thing in that Affair and how hand they have been upon him Sir Henry Capel told him that it was a thing too great for him
Lord Keeper he had it in writing I gave him an accompt in writing Mr. Braddon But you are now called upon your Oath and are to speak the Truth and must give an accompt to his Lordship and the Jury upon your Oath what it was the Boy told you Mrs. Edwards What was it Sir he came and told me why the Boy told me Mother says he I have been at the Tower and seen the King's Majesty and his Royal Highness and says he the Earl of Essex has cut his Throat and Lord Mother says he and wept Lord Child said I I am afraid you are going to make some excuse to me that I should not beat you being you have play'd Truant no mother says he I did not He continued in this for a little while and then afterwards did deny it Mr. Braddon What did he deny Mrs. Edwards What he had said to me Mr. Braddon Did he deny that he had been at the Tower Or that the Earl of Essex had cut his Throat Mrs. Edwards No he denied what he said he saw Mr. Braddon What was that Mrs. Edwards He said he saw an hand out of a Window and a Razour fell down and he went to take it up and there came out a Woman or a Maid a short fat Woman came out and took it up and went in again Mr. Wallop And he said this crying and weeping you say Mrs. Edwards Yes he did so Mr. Braddon Did he deny it before such time as I had been there Mrs. Edwards No you was once at my House before and spake to my Husband and then you came the same day again Mr. Braddon Pray what was the discourse your eldest Daughter had with the Boy between the time of my first coming and the time of my second coming L. C. J. 'T is impossible for her to answer any such Question what discourse two other people had Mr. Att. Gen. Bring the Daughter her self and let her tell L. C. J. Hark you Mrs. Edwards before you go The Boy denyed it it seems in two or three days after he had given out such a Report Mrs. Edwards Yes my Lord he did L. C. J. How came he to deny it Mrs. Edwards I will tell you how When this Gentleman came and acquainted my Husband with his business it put us all into a great damp and my Husband said now both my Boys were gone to School and says he after the Gentleman was gone to my Daughter Sarah Don't you say any thing to your Brother when he comes in but let him alone and we will talk to him So with that she was so grievously affrighted and so amazed that as soon as he came in she said prithee Billy deal truly and don 't you tell any lie to save your Breech for here has been a Gentleman to inquire some thing about what you said why Sister says he will any thing of harm come truly Child says she I don't know and upon that he did deny it L. C. J. Did you tell Mr. Braddon he had denied it Mrs. Edwards He was told he had denied it L. C. J. Did you tell Mr. Braddon before the Paper was signed that he did deny it Mrs. Edwards Yes my Lord he knew that before the Paper was signed Mr. Braddon Mrs. Edwards Did not the Boy come to you and cry out he should be hang'd and then did deny it Mrs. Edwards Yes that he did Mr. Braddon From whence did he come that he was in such a fright Mrs. Edwards I can't tell that Sir Mr. Braddon Did not your eldest Daughter chide him and threaten him Mrs. Edwards Yes she did bid him speak the Truth Mr. Att. Gen. And then he denied it Mrs. Edwards Yes L. C. J. Ay says she to him Billy do not to save thy Breech tell a lie but speak the Truth why then says he the Truth of it is there was no such thing Mr. Braddon My Lord she says it was after his Sister had Chid and threaten'd him Mr. Sol. Gen. You are a little too fierce upon the Woman Mr. Braddon you do not Observe what she says L. C. J. Yes he is wonderful zealous flourishing his hands Mr. Sol. Gen. She says the Daughter did tell the Son that he must speak the Truth and not tell a lie to save his Breech for there had been a Gentleman to inquire about it why says the Boy will there come any harm of it I don't know says his Sister why then says he I tell you the Truth there was no such thing L. C. J. Ay when she ingaged him to tell the Truth and not tell a lie to save his Breech then the Truth comes out Mr. Braddon Pray call Sarah Edwards the Daughter My Lord they told me in the House that she had frighted him into a denial L. C. J. Pray good Sir how came you to be a Justice of peace And to turn Examiner You live in the Temple or belong to the Temple how come you to take Examinations here in London but that some people are so very zealous and officious in matters that concern them not on purpose to raise a dust Then Sarah Edwards the younger was sworn Mr. Braddon Did not your Brother deny what he had said by your means L. C. J. Pray ask a fair Question Mr. Braddon Mrs. Pray tell your Knowledge of what the Boy declared L. C. J. Ay Ay Tell what you know what your Brother said concerning his seeing a Razour and his denying of it afterwards Tell all from the beginning to the end and tell Truth in Gods name and nothing but the Truth We desire the Truth may come out let it be of which side it will Sarah Edwards My Brother came home and said he had been at the Tower and that he had seen his Majesty and his Royal Highness and the Earl of Essex had cut his Throat and that he saw an hand fling out a Razour out of a Window and that a Maid or a Woman came out and took it up and went in again and presently after he heard the noise of murder cryed so I knowing he was very apt to tell lies I did not believe it Mr. Braddon Pray Mrs. did you prevail with him to deny it afterwards L. C. J. You are so wonderful full of Zeal and heat in this matter you cannot let your own Witnesses tell their own Story but you must interrupt them You have been bred to the Law and you have been before here present I suppose at many Tryals and what pretence can you have to be more indulged in an extraordinary way of proceeding than others 't is not for the integrity of your Conversation I am sure that you ought to have it but only because you have more impudence Mr. Braddon My Lord I have nothing of confidence but what is grounded upon innocence L. C. J. I tell you you are too confident and pray know where you are and behave your self as you ought Mr. Braddon My Lord I
his Clyent according to my instructions L. C. J. Yes you are so and shall know that you are under the Correction of the Court too Mr. Wallop My Lord I know where I am L. C. J. Ay you know well enough but you would do well to carry your self as you should do Mr. Wallop With humble submission my Lord I appeal to all that hear me L. C. J. Appeal to whom you will I know the business of the Barr is to appeal to the Court. Mr. J. Withins What is the matter with Mr. Wallop that makes him so earnest in this Cause L. C. J. There is such an heat in this Cause I wonder whence it should come I am sure 't is not from the honesty of it Mr. Braddon Young Mrs. Edwards if I suffer any thing by reason of the falsity of your Testimony it will return upon you Sarah Edwards Sir I do tell you all I know Mr. Braddon Then I desire you to answer me this Question whether or no when the Boy did own what he first said and I asked him the reason of his denyal whether the falsity of the thing or fear caused him to deny it did not he say it was fear through your discouragements and threatnings Sarah Edwards No he did not say it did he Mother L. C. J. Why we are got into a way of appealing and appealing here is appealing to the people and appealing to the Witness pray keep to the business and within the bounds of decency Before such time as the Boy denyed it did you desire him to speak truth Sarah Edwards Yes I did Mr. Thompson And when Mr. Braddon Examined him did he desire him to speak truth Sarah Edwards Yes he did L. C. J. But he knew before he Examined him that he had denyed it did not he Sarah Edwards Yes the Second time before he came into the House Mr. Braddon I desire the old Gentleman may be asked this Question Mr. Thompson Call Mr. Edwards again L. C. J. The Spirit of the Clyent was got into the Counsell I think just now and now 't is got into the Clyent again 'T is an hard matter to Lay it I perceive Mr. Wallop My Lord I am here of Counsell for Mr. Braddon and I only ask Questions as they are in my Breviate L. C. J. But Sir if you have any thing in your Breviate that reflect upon the Government you ought not to vent it nor shan't be permitted to vent it as long as I sit here Mr. Wallop My Lord with submission I hope I never did nor never shall let any such thing come from me L. C. J. Nay be as angry or as pleased as you will 't is all one to me you shall not have liberty to broach your Seditious Tenets here Mr. Braddon Mr. Edwards pray will you answer this Question Did not your Son when he was asked why he denyed it say that it was fear and discouragement through his Sisters Threats was the cause Pray speak the truth Mr. Edwards I cannot tell whether the Child did say so something of that nature he did say Mr. Thompson Call Anne Burt. L. C. J. We have got such strange kind of notions now a days that forsooth men think they may say any thing because they are Counsel I tell you Mr. Wallop your Questions did reflect upon the Government as though the King had a mind to turn a man out of his employment if he did not swear a falsity What can be a greater reflection than that But all the matter is what has been done must be avouched and justifyed though it be never so ill But we plainly see through all This was the design from the beginning the King and the Duke of York were in the Tower at that time and it must be thought and believed that they had designed this matter and so then all people must be ruined in case they would not say the Earl murdered himself tho indeed others had done it Mr. Wallop Mr. Edwards did not delight to have such a Report as might create trouble first come out of his House Mr. Braddon My Lord As to the making such an inference or any reflection as your Lordship mentions I am as far from it as any body here L. C. J. We must give a wonderful deal of countenance to such barbarous and horrid practises and I warrant you must suffer the Government to be reflected upon at the will and pleasure of every man No let us hear the Truth but not in the face of a Court permit men to asperse the Government as they please by asking such Questions Mr. Att. Gen. And the Witnesses say nothing to it neither L. C. J. No nothing at all like it but 't is aspersion for aspersion sake And we must sit still and hear it Mr. Wallop My Lord I think 't is for the honour of the Government to have all things fairly inquired into L. C. J. And 't is for the honour of all Courts of Justice not to suffer reflections upon the Government let them be by whom they will And in Gentlemen of the Bar 't is worse than others Mr. J. Withins Truly I do not see where there is any countenance for asking such a Question L. C. J. No but some people are so wonderful Zealous Mr. Wallop My Lord Zeal for the Truth is a good Zeal L. C. J. It is so but Zeal for faction and sedition I am sure is a bad Zeal I see nothing in all this cause but villany and baseness And I believe no man that has heard it but will readily acknowledge that it appears to be an untoward malicious ugly thing as bad as ever I heard since I was born on purpose to cast an indignity upon the King and Government and set us all in a flame Then Anne Burt appeared and was Sworn Mr. Braddon Mrs. Burt I desire to know what discourse you had with Mrs. Edwards and that Family Mr. Att. Gen. I beg your pardon for that Here Mrs. Edwards is her self to tell what she has said Mr. Braddon I desire to know what discourse she had with any of the Family Mrs. Burt. I went to make a visit to Mrs. Edwards and I had not been there half an hour but in comes this Gentleman now I had asked no Questions about the business but in he comes and desired to speak with Mr. Edwards Mr. Edwards was called and when he came in with Mr. Edwards the Gent. sat down in the Room and told Mr. Edwards he had heard a Report of something his Son had spoken but he desired to have it from his Sons own mouth and the Boy was called in this is a real Truth Sir for I do not know whether I may stir from this place where I am alive or no And when the Boy came in the Gentleman said to him if it be true that you have reported own it if not do not own it for said he 't is a dreadful thing to be found in
true Reason why you shewed him the Letter Mr. Burgis I can't tell any other but only he came before I had sealed it Mr. Sol. Gen. Did he desire to see it Mr. Burgis No but the Letter lay writ upon the Table Mr. Sol. Gen. Was the Master of the Post-house at Frome present when that Report you talk of was made Mr. Burgis I cannot rightly say whether he was or no. L. C. J. How comest thou to put it in thus This bears date a pretty while ago Marlbrough Aug. 21. and that was a good distance of time from that Report that thou talkest of How comes thou then to say These are to desire you to call to mind That I was at Froom such a time and heard such a Report If he was not there why should he call to mind VVhat did'st thou mean by that calling to mind Mr. Burgis I would have had him called to mind my being at his house at that time L. C. J. But if he was not there why did'st thou ask him to call to mind that Report Mr. Burgis He might hear of it from some other at that time tho he might not hear it in that Company where I was Mr. Sol. Gen. There is a Riddle in it if we could but solve it L. C. J. No no. Mr. Solicitor the Riddle is unfolded 't is a plain Contrivance Mr. Att. Gen. Pray from whom did he tell you he was recommended Mr. Recorder How came you to talk so to a stranger Sir whom you never see before about such a business Mr. Burgis He was recommended to me by Mr. Butcher as I told you who carried me to him Mr. Att. Gen. But who as Braddon or Butcher told you did recommend him first to come down thither to you L. C. J. Upon your Oath Sir who did Butcher tell you he came from Mr. Burgis I have forgotten Sir I do not remember Mr. Recorder VVas it not a Nonconformist Parson Sir upon your Oath Mr. Burgis Sir I cannot remember Mr. Att. Gen. Mr. Beech Do you know any particular person that Braddon said he came recommended from Mr. Beech I can tell what Account Braddon gave of his Journey himself He said he had a Letter that came particularly from this man to London to bring him down into the West Said I When came you out of London I came on Thursday said he Where did you lodg a Thursday Night At Ockingham Said I That is not your way to Marlbrough Where did you lye the next night He told me at one Venables and the next Night at Salisbury I think L. C. J. Did Braddon tell you he had a Letter from that man Mr. Beech He said A Letter from that man brought him down into the West L. C. J. Burgis Did you send him e're a Letter Mr. Burgis No I did not Mr. Beech He said he came down purposely upon this Report Mr. Att. Gen. What said the Post-Master to you Mr. Beech Mr. Beech If you please to give me leave to speak I 'le tell you I did desire that Mr. Braddon might have no Pen and Ink and presently I rid away to Froom to this Post-Master's house and spake with the Post-Master and all his Family We then examined them all and there was no such Report in that Town till the Sunday after Mr. Sol Gen. He was perswaded sure all people would say just as he would have them Mr Thompson Well Mr. Braddon Who do you call next Mr. Sol. Gen. Nay I desire this man may go on for methinks he mends e're a step he goes Mr. Braddon Mr. Burgis Do you remember how it was that you came to recollect your self and to know it was the 13 th and not the 6 th L. C. J. He says You told him Mr. Braddon Pray Sir remember your self whether you did not say your self You remembred the true time for you came from Froom to Marlbrough on the Saturday night and then you heard there the Earl of Essex had cut his Throat the day before and when they told you so you cried out How can that be It must be done before for yesterday I heard it at Froom before Five of the Clock Mr. J. Withins Did not Mr. Braddon himself tell you You had mistaken the day Mr. Brad. Sir It was from this He told this whole Story that I just now repeated that the Saturday night he was told That the Earl had cut his Throat and replyed to them that he had heard at Frome the day before that he was murdered and then I said that must be the 13. L. C. J. How came you to tell that man You had a Letter from Burgis Mr. Braddon No My Lord I did not tell him any such thing L. C J. Mr. Beech Did not he tell you he had a Letter from Burgis Mr. Burgis He told me he came down upon the Information of this Burgis L. C. J. And he Swears he never saw him before nor never writ to him Mr. Brad. You ask me whether I had received any Letter from this Burgis I told you I had a Letter of Recommendation to Mr. Butcher thinking he had been the Person that had reported it and Mr. Butcher went to this Person and brought him to me and he told me what he heard Mr. Beech I never heard of the name of Butcher till now he mentioned it Mr. Braddon My Lord I will call no more Witnesses Mr. Att. Gen. Your Lordship and the Jury observe I suppose his confident Behaviour L. C. J. Ay He is no more concerned at it than if he had been doing the most justifiable thing in the World Mr. Thompson My Lord I have but one word to add on the behalf of Mr. Speke who is likewise joyned in this Information Truly Mr. Speke is a young Gentleman of some quality his Father is of very good Quality Mr. Braddon was of his Acquaintance and being his Acquaintance and thus concerned as you have heard in the Prosecution of this business he hearing of these Reports and resolving to go down into the Country about it desired Mr. Speke to lend him his Man and his Saddle for he was going into the Country Mr. Speke inquires what his business was thereupon he told him it was to inquire about some Persons that had reported something relating to the Earl of Essex's Death And being to go into the Country where Mr. Speke who was that Country man had some Acquaintance upon this he desires him to write him a Letter to recommend him to some Persons of Credit He did write that Letter but was never concerned in this business either before or after and this is the whole of the Case as to this Mr. Speke Mr. Speke My Lord I desire I may speak one word for my self L. C. J. Ay say what you will Mr. Speke My Lord One day sometime after Mr. Braddon had concerned himself in this thing I met him casually and accidentally and he was telling
Gentlemen in what Strain it runs We and We He makes himself a considerable Party in the Design L. Ch. Just Ay We thank you for your kindness towards Vs and We hope to bring on the Tryal of the Earl of Essex before they can any of those in the Tower Mr. Speke He told me Sir Henry Capel said it was a thing too great for him to meddle with And I knew nothing but what I had from him L. Ch. Just He was a man of Integrity and could tell you nothing but what was true Mr. Speke Mr. Wallop My Lord All I can say for Mr. Speke is this He did believe Mr. Bradden's Grounds as he told him were probable to go upon but he knew nothing himself and concerned himself no further I hope the Jury will consider of it that there is no contrivance proved against him L. Ch. Just Nay Mr. Wallop tho' we interrupted you in making Remarks upon every Witness yet now make what Remarks upon what hath been said that you will Mr. Wallop My Lord I shall leave it to your Lordship and the Jury how far they think the Defendant Guilty of this Information Mr. Att. Gen. My Lord We have indeed given as great an Evidence as ever was given I think of any Offence But to clear up the matter that it was impossible for any man unless the most maliciously and villanously inclined against the Government and Peace of the Kingdom that can be to imagine such a thing much less spread such a Report we will call you two or three Witnesses to prove that the Earl of Essex Murdered himself L. Ch. Just 'T is necessary Mr. Attorney I think for you so to do to satisfie the World tho' to a discerning Eye there is enough given from the Evidence this day to make it appear to be a most Malitious and Scandalous Contrivance to hawke about for every idle Rumor to pick up Children of such tender years and make them swear any thing to serve a turn Mr. Att. Gen. My Lord We do not call these Witnesses as if there were any doubt of it in the World L. Ch. Just But we live in an Age when Truth passes for nothing in the World and Swearing and Forswearing is taken for a thing of course Had his Zeal been half so much for Truth as it was for Falshood it had been a commendable Zeal But when men are so zealous and fierce for such vile things as these are 't is time of my word for the Government to interpose Mr. Att. Gen. 'T is not to satisfie the Court nor the Jury who I believe are all of them already sufficiently satisfied but 't is to satisfie the World that may have entertained some prejudices from this Conspiracy Call Mr. Bomeney in Mr. Sol. Gen. Not as if there were any doubt whether Mr. Bradden were the malicious Inventor of this Report at the beginning and went down into the Country to spread it The Evidence has been full and by his own management of his Defence he has proved it himself and seems by his Confidence to justifie it But we shall to give the World some satisfaction call some that waited upon the Earl in the Tower and others that saw him when dead that will give a plain Confutation to any thing that could be supposed as if my Lord of Essex had not Murdered himself Then Bomeney was sworn L. Ch. Just Did you waite upon this unfortunate Gentleman my Lord of Essex Mr. Bomeney Yes my Lord. L. C. Just Well what do you know of his Death Mr. Bomeney I went with him from White-Hall and I stayed with him all the while he was in the Tower L. Ch. Just How came he by that unhappy End pray Mr. Bomeney When we were at his Lodging my Lord used to call for a Pen-knife to cut his Nails of his Hands and Feet and he then had long Nails and said he to me give me your Pen-knife to cut my Nails said I My Lord I have none I came in haste but I will send to morrow for one and therefore I sent our Footman one William Turner to whom I gave a little Note for Provisions and among other things which I writ directions to the Steward to send there was a little line Pray send a Pen-knife for my Lord. He brought some Provisions but he did not bring a Pen-knife on the Thursday because he said he had none but he would send one the morrow after I sent William Turner the Morning after very early and gave him another little Note for Provisions and among other things I writ in the Note Do not forget the Pen-knife for my Lord. He went and when he was in the way my Lord sent the Warder to me to call me I came to my Lord and my Lord asked Is the Footman come Has he brought the Pen-knife No my Lord said I but I hope he will not stay long because I sent him early Then I was turning to come down from the Chamber and I saw my Lord walking in the Room and picking of his Nails with the Pen-knife L. Ch. Just How with a Pen-knife Mr. Bomeney No with the Razour that I gave him For I went to my Lord and when my Lord asked me if I had gotten him a Pen-knife I said the Footman was not come but I hoped it would come immediately because I sent him early And I was turning from the Chamber thinking I had done with my Lord and my Lord called me again Harke you Bomeney said he I can do it with one of your Razours My Lord said I I will fetch one so I went into my Closet and fetched one And I went to my Lord and when he had it he did as if he picked his Nails with it and was walking in the Chamber I looked a little while upon him and turned out of the Chamber into the Passage where I talked with the Warder Russel his Name was and when I looked out of the Window His Majesty was in the Tower and there was a great bustle in the Street and when I had talked a little with the Warder I went down into my Closet again and at the same time that I was in my Closet there came the Footman and one with him that brought the Provisions and he gave me the Pen-knife and gave me a little Note that he had brought with the Provisions which he said Mr. Billingsly that was our Steward bid me to shew that to my Lord. I took it and went up to shew it to my Lord I found no body in my Lords Chamber There was a Closet there in which was a Close Stool and that I found shut and thinking my Lord was there I would not disturb my Lord but came down again and stayed a little while in so much as I thought my Lord by that time might have been come out I went up again and found no body in the Chamber but the Closet Door shut still I went against the Door and
knocked three times and said My Lord My Lord and no body answered Then I looked through the chink of the Door between the Door and the Wall and I could see blood and a little part of the Razour Then I called to the Warder and the People of the House and they came up and found him there Mr. Att. Gen. Had you much adoe to open the Door or could you open the Door easily Mr. Bomeney No the Door could not be opened easily I know not how they opened the Door but I think Russel the Warder when he came up pushed at the Door but could not open it very far because my Lords Foot was against the Door and so they had much adoe to open the Door Mr. Att. Gen. Which way does the Door open out of the Room or into the Room Mr. Bomeney Inward into the Room L. Ch. Just And so his Feet being against it it could not easily be opened Mr. Att. Gen. How big is the Closet Mr. Bomeney A very little Closet I believe no wider than that and the length of a Man and a Close Stool at the upper end would fill it up My Lord lay all along on his side Mr. Att. Gen. Did you observe your Lord melancholly Mr. Bomeney Mr. Bomeney Yes he was melancholly But we took no notice of it for he was used to be so and we had no reason to suspect any thing more than ordinary Mr. Att. Gen. Did you find the Razour Mr. Bomeney Yes it lay by him Mr. Att. Gen. What became of the Razour Mr. Bomeney The Coroners Jury had it L. Ch. Just Was there any Window in that Room where the Close Stool was Mr. Bomeney Yes there was a Window L. Ch. Just Was there a Casement to that Window Mr. Bomeney Yes I think there might Mr. Just Withens Which way does that Window look Mr. Bomeney I can't very well remember my Lord. Mr. Just Withens Which way do you think Mr. Bomeney I believe it is upon a yard L. Ch. Just He says he does not well know But Mr. Bomeney you saw Mr. Russel the Warder in the same place as you came up again that you left him in when you went down Mr. Bomeney My Lord I went down but a little while Mr. Sol. Gen. Where did you find Russel the Warder when you came up again Mr. Bomeney At the Guard Mr. Sol. Gen. Did you find him in the same posture when you went up again that you left him when you went down Mr. Bomeney Yes Mr. Sol. Gen. Did you hear of any body that went up else Mr. Bomeney No my Lord. Mr. Sol. Gen. Then we will call Mr. Russel the Warder he speaks of Who was sworn Mr. Att. Gen. Pray will you give my Lord an account at that time where you were and what was done Mr. Russel I was in the Chamber next opposite against my Lords Chamber there is but a little step betwixt the Doors the Stairs come up betwixt the two Doors no body could pass backwards or forwards but I must see them for I was then Waiter at that time and stood upon the Guard and my Lord asked Mr. Bomeney Whether the Pen-knife was come and he told my Lord No. Then says he lend me your Razour that will do it And my Lord took the Razour in his Hand and the Door was open and he went two or three turns in the Room with the Razour so This I saw the Door being open as I stood in the Passage My Lord by and by Mr. Bomeney goes down and my Lord shut the Door to him and Mr. Bomeney staid below a little while and afterwards comes up again And my Lord was gone to the Closet to Stool as he supposed So away he comes down again and staid about a quarter of an hour or there abouts And this I see all my self my Lord. L. Ch. Just Had any Person been there from the time Bomeney went down to the time he came up again Mr. Russel No my Lord there was no body went up or down all the time but Bomeney He came up and seeing my Lord was not come out of his Closet this I did stand and hear so he puts by the Hanging and looks in and sees my Lord in his Blood lying in the Closet and he makes an Oration a great noise with that I stepped two or three steps hearing him make such an Oration and I found the Key was on the out-side of the Door and I opened the Door and saw him lye in his Blood L. Ch. Just Could you open the Door with ease Mr. Russel Yes I could put it a little way open and there saw him L. Ch. Just But you could not put it quite open Mr. Russel No for his Legs lay against the Door L. Ch. Just Was it a narrow Closet Mr. Russel Yes a very narrow Closet L. Ch. Just In what posture did my Lord lye Mr. Russel He lay all along on one side L. Ch. Just Where lay the Razour Mr. Russel By him But I did not take so much notice of the Razour for I was surprized with the sight Mr. Just Holloway Was there any Window in the Closet Mr. Russel Yes that looks into Captain Hawley's yard And the Window is quite Northward L. Ch. Just Which way does that Window look Mr. Russel Quite the other way into the Back-yard L. Ch. Just Then there is no Way out nor Light nor Casement out into the Fore-yard Mr. Russel No my Lord 't is backward and 't is Paled in only into the House there is a Door M. Att. Gen. Was there any Door out of the Street that way Mr. Russel No there is one Door that goes out from the Entry to go into the Yard L. Ch. Just Has any body else access to come to the Yard but what must come thro' Hawley's House Mr. Russel No no body Mr. Sol. Gen. We will call Captain Hawley himself L. Ch. Just Warder Do you remember there was any Coach that stood there Mr. Russel No there was no such thing L. Ch. Just I ask you for this reason because here was a Girl that spake of a Coach that came thro' the House I suppose and so thro' the Entry out of that Door into the Yard Mr. Att. Gen. Where is Lloyd the Souldier For my Lord as there was a Warder above so there was a Souldier that stood at the Door below And while he stayed there there could not any one come in nor near but he must observe them Mr. Sol. Gen. Pray my Lord be pleased to ask Mr. Bomeney how long he lived with my Lord. L. Ch. Just How long had you lived with my Lord of Essex Mr. Bomeney Six years Mr. Just Wythens You waited on him in his Chamber I suppose Mr. Bomeney Yes in the Nature of his Valet de Chambre Then Lloyd was sworn Mr. Recorder Hark you Lloyd you were the Sentinel Give an account where you stood that day that my Lord of Essex Murdered
himself Lloyd At my Lords Door Mr. Att. Gen. Which Door Loyd At my Lord of Essex's Door Mr. Att. Gen. Were you above Stairs or below at the Street Door Lloyd Below at the Street Door Mr. Just Wythens Did any body come into the House that morning Lloyd No body came in all the while I stood there that I knew of Mr. Just Wythens Were you there at that time when my Lord killed himself Lloyd I was there when the noise was made of it above Stairs L. Ch. Just Did you see e're a Coach there Lloyd Not to stand at the Door at all L. Ch. Just Didst thou see e're a Coach in Captain Hawley's Back-yard Lloyd No no. L. Ch. Just Why could not the Coach go thro' the Door and the Entry into the Yard Mr. Sol. Gen. Had you seen my Lord of Essex that morning Lloyd Yes he spake to me and asked me What a Clock it was Mr. Sol. Gen. Where was he Lloyd At the Casement Mr. Sol. Gen. What did he say to you Lloyd He said Centry What a Clock is it Mr. Att. Gen. Did you see him when my Lord Russel went by Lloyd Yes I saw him then Mr. Att. Gen. How long after was the Cry of my Lords having killed himself Lloyd I believe not half an hour after Mr. Att. Gen. Did any Maid go out of the House Lloyd None at all L. Ch. Just What not in a White Hood Lloyd No. L. Ch. Just Why did'st not thou call to the Maid to come and take up the Razour that was thrown out of the Window of Captain Hawley's House Lloyd There was no Razour at all thrown out that I saw L. Ch. Just Did not you open the Pales for her to go in and take up the Razour Lloyd No. L. Ch. Just Was there any other Souldier there besides you Lloyd No. L. Ch. Just Then you must be he that cryed out or no body Lloyd I saw no Razour nor did not cry out to any body Mr. Sol. Gen. Could you open the Pales Is there a Door to the Street-side out of the Pales into the Yard Lloyd 'T is no Yard but there is a Door that all pass thro' that come to the House Mr. Sol. Gen. What else did my Lord of Essex say to you Lloyd He only examined me what a Clock it was that was all Mr. Att. Gen. My Lord We have here two Women who were the only Women that were in the House they will tell you what they saw L. Ch. Just Pray Gentlemen do not mispend your time unnecessarily because I am to sit this afternoon at London Mr. Att. Gen. My Lord We will then only call Captain Hawley who was sworn Mr. Sol. Gen. Pray Captain tell what you know of this matter Capt. Hawley My Lord All the account I can give is That about 4 or 5 a Clock in the Morning I went to open the Gates that being the usual hour to open the Gates And I was at the Gate then when a Warder came and told me my Lord of Essex had killed himself and that was between 9 and 10 of the Clock When I came into the House I went up Stairs and saw no body in the Room nor no Blood said I to the Warder What do you make a Fool of me here is nothing Says one of the Warders look into the Closet I went to the Closet and could not open the Door above this wideness and I looked in and saw the Razour all in Blood and my Lord lay on his Arm in this fashion I could not tell Whether he was dead or no but I thought it was not my business to stir him Then my Lord Constable was Ordered to come and Scoure and Examine all the Servants L. Ch. Just Pray Captain Hawley where does the Casement look into Capt. Hawley The House ever since I came to it is just as it was and the House having setled the Casement won't open above thus far and 't is so low and the Pales are 9 or 10 Foot high that 't is impssible for any one to throw any thing out of the Window 3 Foot hardly It is one of the horridest Reports that ever was heard of and the unlikelyest thing they cannot throw any thing out of the Window to be seen Mr. Att. Gen. My Lord I think it is not necessary to call any more Witnesses L. Ch. Just Have they any thing to say further on the other side Mr. Speke I desire my Lord to call my Man L. Ch. Just Call your Man for what purpose M. Speke My Lord If your Lordship please I will call my Man to prove that I knew nothing of Mr Bradden's coming to me Then Mr. Speke's Man was Sworn L. Ch. Just Ask him what you will Mr. Speke Did you ever see Mr. Bradden with me Servant Never but once before that time he came to my Masters Chamber which was the night before he went out of Town and when he came after he had been there a little while my Master Ordered me to get me ready to go in to the Country with him And after I had been with him a little time he got another to go with him and sent me home again Mr. Speke I was going to Bed was I not Servant Yes you was L. Ch. Just Have you done of both sides Mr. Speke Was it not a Surprize to me when he came to me L. Ch. Just How does he know that Mr. Speke I tell you why my Lord I ask it Because when I go out of Town I always tell him to prepare himself Servant It was a Surprize to me I knew nothing of it L. Ch. Just Well have you done now Have you a mind to say any thing to the Jury you that are of Counsel for the Defendants or you Mr. Bradden Mr. Bradden No I will say nothing L. Ch. Just Have you Mr. Speke Mr. Speke My Lord I have proved it here That I had no hand in what I am Accused of It is put down in the Information that I Conspired with Mr. Bradden to endeavour to procure false Witnesses I have proved I never had any hand at all in any thing of it It was an Accidental thing his coming to me and it was a great Surprize to me when he came and I never concerned my self in it more than the Writing of that Letter And I had no ill intent in it I did it not designedly for I knew nothing of his coming and I had not writ the Letter if he had not come to me And 't is plain it was a Surprize for I always give my Man notice when I go out of Town before-hand to prepare himself I thought nothing at all of ill in the Letter I writ it late at night when I had been with some Company at the Tavern And if he made me believe that to be True which was not I hope the Gentlemen of the Jury will consider that I have nothing to say of the thing I did not concern