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
c. All which Mr. Braddon that you are to call Johnson whilest he is with you at your house will give you a true Relation of Mr. Braddon hath been at a great Trouble and Charge already about it I know few that would have ventured to have undertaken this Affair besides himself as times go I received yours this day with the great pains you took and the Letter to the Lady Russel which finding unsealed I sealed without looking into it and carried it my self she returns you ten thousand thanks and says she knows not what return to make you for your most extraordinary kindness I have not time to write any more at present by reason that Mr. Braddon alias Johnson stays only for this my Letter I am Sir Your most obliged Friend and most humble Servant Hugh Speke I am Writing a Letter to send to you by the Carrier Mr. Att. Gen. This Gentleman brings in Mr. Speke to be the Author of all this Contrivance But we shall prove to you That at the same time this Letter was taken about him this Gentleman had others that were likewise taken These Examinations which I desire may be likewise read Mr. My Lord I came lately from Sir Robert Atkyns He is an utter Stranger to all this he is now in the Country and knows nothing of it L. C. J. If they will use his Name I can't help it Mr. My Lord I would not have any Reflection upon him for he knows nothing at all of this matter Mr. Sol. Gen. The Letter was never received by Sir Robert Atkyns but taken before it came to him Mr. Att. Gen. All the matter is 't is an unhappy thing to be thought well of by such sort of people L. C. J. I see nothing of Sir Robert Atkyns in the Case but only his Name is used and notice is taken of the great Obligations some People have to him for his great kindness to his Friends Cl. of Cr. Here is an Information L. C. J. Was this found about him too Mr. Beech. Yes I believe that is the very Paper I have no Copy of that Paper but I well remember the Contents of it Mr. Att. Gen. Did you sign it or mark it L. C. J. He may believe it to be without signing Mr. Beech. I presume Mr. Braddon will own it Cl. of Cr. The Information of Mrs. Edwards Wife to Tho. Edwards saith That about 10 of the Clock in the Morning on Friday the 13 th of this Instant July this Informants youngest Son William Edwards aged about 13 years came trembling to this Informant and in great amazement and horror told this Informant that the Lord of Essex had cut his Throat in the Tower and further said That he the said William Edwards in the Morning about 9 of the Clock did see a hand cast out a Razor out of the said Lord of Essex 's Lodging Window which Razor he saw on the Ground to be bloody And the said William Edwards was going to take up the said Razor but before he came to it there came a Maid running out of Captain Hawley 's House where the said Earl of Essex lodged and took up the Razor which she the said Maid forthwith carried into the said Captain Hawley 's House and soon after he the said William Edwards heard her as he the said William Edwards did believe cry out Murder And this Informant further saith That the substance of which the said William Edwards hath sworn in this Information he the said William Edwards on Friday last did declare to this Informant and her whole Family several times attesting it to be true and several times since Cl. of Cr. Here is the Information of William Edwards second Son of Thomas Edwards Mr. Att. Gen. That is the same with what was read already L. C. J. Ay that is the Boys Information Cl. of Cr. Here is another 't is Dated August the 8 th 1683. The Information of Jane Lodeman aged about 13 years did in the presence of these whose names are here under written declare as followeth That the said Jane Lodeman was in the Tower on Friday Morning the 13th of July last and standing almost over against the late Earl of Essex 's Lodging Window she saw a hand cast out a Razor out of my Lord's Window and immediately upon that she heard Shrieks and that there was a Souldier by my Lords door which cryed out to those within the house that somebody should come and take up a Razor which was thrown out of the Window whereupon there came a Maid with a white Hood out of the house but who took up the Razor she can't tell This is Subscribed John Boom and William Smith Cl. of Cr. Here is another Paper August the 8 th 83. Mr. William Glasbrooke does declare That one Jane Lodeman aged about 13 years inhabiting in the same house where he the said William Glasbrooke lodged did on Friday the 13 th of July last past between the hours of 10 and 11 in the Morning in the presence and hearing of him the said William Glasbrooke declare to her Aunt That the Earl of Essex had cut his Throat upon which her Aunt was very angry with her whereupon she the said Girl did declare that she was sure of it for she saw him throw the Razor out of the Window and that the Razor was bloody and that she heard two Groans or Shrieks which of the two words she used he the said William Glasbrooke is not certain of this he the said Glasbrooke is ready to make Oath This is Subscribed William Glasbrooke Margaret Smith Mr. Att. Gen. He carried his Stuff about him it seems wherever he went L. C. J. 'T is Stuff indeed Good God what an Age do we live in Mr. Att. Gen. It is not taken upon Oath before any Magistrate but cooked up to amuse the Country as if they were formal Informations Here is another Letter Mr. Beech was this Letter found about him Mr. Beech. Yes this Letter was found about him Mr. Att. Gen. It is from one Burgis a man of the same Kidney Cl. of Cr. This is directed for Mr. Cumpen at the Dolphin at Frome and 't is Subscribed Jeremiah Burgis and dated Marleb Oct. 21. Mr. Cumpen MY kind love to you These are to desire you to call to mind that I was in Frome the 6tâ— of July being Friday where I heard the Report that the Earl of Essex had cut his own Throat I would desire you to inquire into it to know who first reported it and give this Gentleman the truth of it And in so doing you will oblige me who am Your Friend Jeremiah Burgis Mr. Beech. Under favour my Lord This Letter talks of a Report that was the 13th day the very day the Earl of Essex murdered himself I went directly to Frome and spake with this Cumpen and he told me he did not speak with Burgis nor see him nor was there any such Report before the
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
Mr. Braddon What was that tell the Court. Mrs. Smith I chid her because she had been playing That is all I can say Mr. Justice Withins Did she tell you the Soldier cried out for some body to come and take up the Razor Mrs. Smith I cannot say that Mr. Just Withins Did she say she saw a Razor thrown out of my Lord of Essex's Window Mrs. Smith She said she saw a Razor thrown out of a Window I can't tell whether she said out of my Lord of Essex's Window Mr. Freke Did you set your hand to that Paper L. C. Just Were you a Witness to that Paper Mrs. Smith There were others heard what the Girl said as well as I. L. C. Just Who desired you to sign it Mr. Freke Who writ that Paper Mrs. Mrs. Smith Pray excuse me Sir I do not know Mr. Freke Did you see it writ Mrs. Smith No. L. C. Just No it was one got ready drawn by Mr. Braddon Mr. Just Holloway Pray let the Boy 's Information be read again for I observe there is a difference she says the Razor fell within the Pales the Boy says it fell without L. C. Just Ay ay the one says it was the inside the other the outside of the Pales Then the Information was read L. C. Just Go on now and ask your Questions Mr. Braddon Did the Girl say That after the Razor was thrown out the Soldier cried to some body to take it up Mrs. Smith Sir I can say no more than what I have said Mr. Braddon Did she or did she not Mrs. Smith Pray Sir excuse me I have spoken what I know Mr. Att. Gen. You may see how he has managed this matter my Lord by his urging the Witnesses with Questions they know nothing of L. C. Just Yes yes we see he would fain put words into their mouths Mr. Att. Gen. Mrs. Did you send to Mr. Braddon to inform him of what the Girl had said or did he come to you Mrs. Smith Sir I never saw him before in my days Mr. Att. Gen. He came first to you then Mrs. Smith Yes he hearing of it came as a stranger to me Mr. Braddon Did I directly or indirectly offer you or your Neece any thing Mrs. Smith No never in this World Mr. Braddon Did I ever desire her or you to say any thing but what was true Mrs. Smith No Sir You ever encouraged the Girl to speak truth and bid her speak nothing but what was truth Mr. Att. Gen. You need not pay dear for a Lie you are like to pay dear enough before you have done Mr. Braddon My Lord As to personal knowledg I am as much a stranger to this matter as any body here and in all my Concern in it I have done nothing but what was very fair L. C. Just. Mind your Defence Mr. Braddon and leave commending your self or if you will rather commend your self by your Actions than your Expressions One good Action is worth Twenty good Expressions Mr. Braddon Swear William Glasbrook which was done L. C. Just Well what do you ask him Mr. Freke My Lord We desire to know of him whether he was by on the 13 th of July when the Girl gave this Report Mr. Glasbrooke I was up two pair of stairs when she came in L. C. Just What is your Name Sir Mr. Glasbrooke William Glasbrooke Cl. of Cr. Ay here is his Information among those that were taken about Braddon Mr. Glasbrooke She came in to her Aunt that went out just now before me and I heard her very loud with her Aunt saying the Earl of Essex had cut his Throat in the Tower Her Aunt chid her upon it and her Aunt chiding her she said she was sure it was true for she saw a bloody Razor with a bloody hand thrown out of the Window Mr. Freke Was this the day of my Lord of Essex's Death Mr. Glasbrooke It was the day the King was in the Tower and as was reported the day he was killed Mr. Braddon Were you present when I first discoursed the Girl Mr. Glasbrooke Yes Mr. Braddon Had you ever seen me before or no Mr. Glasbrooke No. L. C. Just Did she say my Lord of Essex cut his Throat at that time Mr. Glasbrooke Yes L. C. Just Are you a Witness to this Paper Did you set your hand to this Paper Mr. Glasbrooke To the Paper Mr. Braddon writ I did I am a Witness to that L. C. Just. Then read his Information Cl. of Cr. Reads Mr. William Glasbrooke does declare That one Jean Lodeman aged about Thirteen years inhabiting in the same house where he the said William Glasbrooke lodged did on Friday the 13th of July last past between Ten and Eleven in the morning in the presence and hearing of him the said William Glasbrooke declare to her Aunt That the Earl of Essex had cut his throat upon which her Aunt was very angry with her whereupon she the said girl did declare That she was sure of it for she saw him throw the Razor out of the Window and that the Razor was bloody and that she heard two groans or shreeks which of the two words she used he the said William Glasbrooke is not certain Of this he the said William Glasbrooke is ready to make Oath L. C. Just. Now my Lord of Essex cut his own Throat and after threw the Razor out of the Window Mr. Glasbrooke 'T is what the Girl did declare Mr. Att. Gen. Does not this Girl usually tell Lies Mr. Glasbrooke I have before that time taken her in a Lie Mr. Att. Gen. Did you acquaint Mr. Braddon with that Mr. Glasbrooke I cannot tell that I did Mr. Att. Gen. Do you remember that you told Mr. Braddon That she was a Girl that told Truth Mr. Glasbrooke No I never did that for I was always of another perswasion about her Mr. Sol. Gen. He never was of that Temper to praise her he was always of a contrary perswasion L C. Just. I 'le assure him that I am of his Opinion too I do believe she is a lying Girl and hath told us a company of Lies now Mr. Braddon These Two Children told me they never saw one another till they were examined at Council L. C. Just. Well well go on with your Witnesses Mr. Braddon Where is William Smith who appeared and was sworn I desire to know of you Mr. Smith what you heard the Girl say when I was there Mr. Smith I heard the Girl tell us That she saw a hand cast out a Razor and either the hand was bloody or the Razor I can't tell which but she said it was out of the Window where she said the Earl of Essex lodged L. C. J. Did she say the Earl of Essex did it himself Mr. Smith She said she saw an Hand cast out a Razor L. C. J. Did she tell you it was the Earl of Essex's Lodging-Window Mr. Smith She said it was that Lodging L. C. J. Ay but
I Do appoint Benjamin Tooke to Print the TRYAL of Laurence Braddon and Hugh Speke and Order that no other Person presume to Print the same Geo. Jeffreys THE TRYAL OF LAVRENCE BRADDON AND HVGH 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 contrary to what was found by the Coroners Inquest Before the Right Honourable Sir George Jeffreys KNIGHT and BARONET Lord Chief Justice of His Majesties Court of KINGS-BENCH and the rest of the Reverend JUDGES of that Court holden at Westminster on Friday the 7th of February 1683. LONDON Printed for Benjamin Tooke at the Ship in S. Paul's Church-Yard 1684. THE TRYAL OF Laurence Braddon and Hugh Speke Gent. On Thursday the Seventh of February Anno Dom. 1683. Annoque Reg. Caroli Secundi xxxvi A Tryal was had at the Kings Bench Bar in a Cause between our Sovereign Lord the King and Laurence Braddon and Hugh Speke Gentlemen upon an Information exhibited against them the last Term by his Majesties Attorney General for an High Misdemeanor and to which they the same Term pleaded Not Guilty and the Tryal proceeded in this manner Cl. of Cr. CRyer call the Defendants Laurence Braddon and Hugh Speke Cryer Laurence Braddon and Hugh Speke come forth or else this Inquest shall be taken by your default Mr. Wallop They appear Cl. of Cr. Gardez votrez Challenges Swear Sir Hugh Middleton which was done and there being no Challenges the Twelve Gentlemen sworn to try this Cause were these Sir Hugh Middleton Jur. Thomas Harriott Jur. Thomas Earsby Jur. Joshua Galliard Jur. Richard Shoreditch Jur. Charles Good Jur. Samuel Rouse Jur. Hugh Squire Jur. Nehemiah Arnold Jur. John Bifield Jur. William Wait and Jur. James Supple Jur. Who being counted Proclamation was made in usual form for Information Cl. of Cr. Gentlemen you of the Jury hearken to the Record His Majesties Attorney General in this Court has exhibited an Information against the Defendants by the Names of Laurence Braddon of the Middle Temple Gentleman and Hugh Speke of Lincolns Inn Gentleman And the Information sets forth That whereas Arthur Earl of Essex the 12 th of July in the Thirty Fifth 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. was committed to the Prison of our Lord the King in the Tower of London for certain High-Treasons by him supposed to be committed And the said Arthur Earl of Essex being a Prisoner in the Tower of London aforesaid for the High-Treason aforesaid the 13 th day of July in the aforesaid Thirty Fifth Year of the Reign of our said Sovereign Lord the King that now is not having the fear of God before his eyes but being moved and seduced by the Instigation of the Devil at the Tower of London aforesaid in the County of Middlesex aforesaid himself feloniously and as a Felon of himself did kill and murther as by an Inquisition taken at the Tower of London aforesaid in the County of Middlesex aforesaid the 14 th day of July in the year aforesaid befor Edward Fernham Esquire then Coroner of our Lord the King of the Liberty of the Tower of London aforesaid upon the view of the Body of the said Arthur Earl of Essex and now in this Court remaining of Record more plainly does appear They the said Laurence Braddon and Hugh Speke not being ignorant of the Premises but contriving and maliciously and seditiously intending the Government of our said Lord the King of this Kingdom of England into Hatred Disgrace and Contempt to bring the 15th day of August in the aforesaid Thirty Fifth year of the Reign of our said Sovereign Lord the King that now is and divers other dayes and times as well before as after at the Parish of S. Clement Danes in the County of Middlesex with force and arms c. falsly unlawfully maliciously and seditiously did conspire and endeavour to make the Subjects of our said Lord the King of this Kingdom of England to believe that the Inquisition aforesaid was unduely taken and that the said Arthur Earl of Essex by certain Persons unknown in whose Custody he was was Killed and Murthered And to perfect and bring to effect their malicious and seditious Contrivances aforesaid they the said Laurence Braddon and Hugh Speke at the Parish of S. Clement Danes in the County of Middlesex aforesaid the 15th day of August in the Thirty Fifth year aforesaid falsly unlawfully unjustly maliciously and seditiously did conspire to procure certain false Witnesses to prove That the said Arthur Earl of Essex was not a Felon of himself but that the said Earl of Essex by the said Persons unknown was killed and murthered And to perswade other Subjects of our said Lord the King to believe this to be true they the said Laurence Braddon and Hugh Speke falsly maliciously and seditiously then and there in writing did declare and cause to be declared the said Laurence Braddon to be a Person that would prosecute the murther of the said Earl of Essex to the great Scandal and Contempt of the Government of our Lord the King of his Kingdom of England to the evil example of all other in the like case offending and against the Peace of our Sovereign Lord the King his Crown and Dignity To this Information the Defendants have severally pleaded Not Guilty and for their Tryal have put themselves upon the Country and His Majesties Attorney General likewise which Country you are Your Charge is to enquire whether the Defendants or either of them are Guilty of this great Misdemeanour whereof they are Impeached or Not Guilty If you find them or either of them Guilty you are to say so if you find them or either of them Not Guilty you are to say so and no more and hear your Evidence Then Proclamation was made for Evidence Mr. Dolben May it please your Lordship and you Gentlemen that are Sworn this is an Information preferred by Mr. Attorney General against the Defendants Laurence Braddon and Hugh Speke and the Information does set forth That whereas Arthur late Earl of Essex the 12 th of July last was committed to the Tower of London for certain Treasons supposed to have been by him done And the said Earl being so committed Prisoner to the Tower for Treason not having the fear of God before his eyes feloniously and as a Felon did kill and murther himself as by an Inquisition taken before the Coroner of the Tower-Liberty may more fully appear yet the Defendants Laurence Braddon and Hugh Speke not being ignorant of the Premisses but designing to bring the Government into Hatred and Contempt the 15 th day of August last at the Parish of S. Clement Danes in this County with force and Arms falsly unlawfully maliciously and
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
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.
the Custom-House and the Coffee-House again and I know not where Mr. Freke What discourse was there at your Table Sir the immediate Monday after the Earl of Essex's death concerning a Razour thrown out of a window Mr. Evans My Lord this to the best of my remembrance is what I have to say and remember of the thing that a Gentleman being with him L. C. J. Who Mr. Evans Mr. Braddon Mr. Wallop Where was this Mr. Evans In the Country Mr. Wallop Where in what Country Mr. Evans In Essex Mr. Wallop What was the place's name Mr. Evans At Wansted my Lord and being there and he plucking out a paper L. C. J. He who Mr. Evans A Brother of mine that that Gentleman came down with to see me L. C. J. What is his name Mr. Evans His name is Mr. William Hatsell L. C. J. With whom did he come Mr. Evans With this Person L. C. J. With this Person who is this Person Mr. Evans Mr. Braddon L. C. J. Why canst thou not name him without this wire-drawing Thou art a most exact Custom-House Officer I 'l warrant thee thou canst not make a plain answer to a plain question Mr. Evans My Lord I beg your pardon I do not know the methods of Court L.C.J. Prithe I care not for thy methods nor thy matter but deal plainly with us Mr. Evans My Brother Mr. Hatsell came down along with Mr. Braddon to my House at Wansted in Essex on the Monday after my Lord of Essex's death and coming down my Brother Mr. Hatsell pulled out the Coroners Inquest upon Oath that was printed and shewing of it to me I read it and as soon as ever I had read it said I Mr. Edwards that was at the Custom-House that very morning when the E. of Essex's Throat was cut did declare to me upon the Custom-House Key That his Son did declare that the Razour was thrown out of the window which seems to contradict this Paper that says it was found lying by him Mr. Freke Was this before Mr. Braddon was with Mr. Edwards Mr. Evans I can't tell that Mr. Freke Was it before Mr. Braddon and Mr. Edwards came to you to the Coffee-house Mr. Evans Yes I believe it was Mr. Att. Gen. You say Mr. Braddon came with Mr. Hatsel to your House at Wantstead Mr. Evans Yes Mr. Att. Gen. Who was the Person that told this Story Mr. Evans He brought down the printed Paper with him and upon plucking out that Paper and reading of it the Story was told Mr. Att. Gen. Pray who was the Person that told him it was so reported at the Custom-house Mr. Evans I made that Answer my self immediately upon reading the Paper for I observed what the Coroners Inquest had returned and upon that I made this Observation That it seemed to contradict what was declared at the Custom-house that morning my Lord of Essex cut his Throat Mr. Att. Gen. Pray who declared there that the Razor was thrown out of the Window Mr. Evans It was Mr. Edwards told me L. Ch. Just Why consider with your self now You say first of all Edwards and Braddon came to me to the Coffee-house Mr. Evans That was at another day L. Ch. Just I am sure you swore so at first Mr. Evans With your Lordships Favour L. Ch. Just And with your Favour too Sir Pray will you hear me I have heard you a great while I am sure to no purpose But consider with your self and pray be pleased to reconcile what you say now with what you said at first if you can You say first of all Edwards and Braddon came to me to the Custom-house and found me out at the Coffee-house and that Edwards should say Some body had been with his Son in order to examine him about a Razor that was thrown out of my Lord of Essex's Window and that you immediately cried out Have a care of that for that contradicts the Inquisition that I have seen in Print which declares as though the Razor was found in the Room And after that you say It was that you saw the Inquisition when Hatsel came down with Braddon and you told him of the Report at the Custom-house How came you if you had not seen the Inquisition till then to give out such words at the Custom-house Have a care of medling with that because that contradicts the Inquisition Mr. Evans My Lord This was several days before that Mr. Att. Gen. Yes my Lord this Discourse at Wantstead was before that at the Custom-house Mr. Wallop This that he now speaks of is an Answer to Mr. Braddon's Question which was about a Discourse that passed before this other at the Custom-house This that he speaks of the Discourse at a Coffee-house was afterward but indeed he first spake of it but these were two distinct matters at several times This last of the Custom-house was when he had made the Examination of the Boy as that Witness says L. Ch. Just Therefore I think it was fit to explain it for it looked very inconsistent before what thou saidst at first and what thou saist now but if thou tellest me thy Essex matter was before thy Coffee-house matter it is well otherwise the matter I assure you looked very ill Mr. Evans This is the truth my Lord and I can tell no more Mr. Att. Gen. Take the Times my Lord and you will see he does speak very notably The 13 th of July my Lord of Essex murdered himself the 14 th of July the Inquisition was taken before the Coroner pray what was the day that Hatsel and this Gentleman came down to you to Essex Mr. Evans I can't tell that Sir truly but it was before this matter of the Examination of the Boy L. Ch. Just But pray let me ask you one Question If your matter about the Inquisition in the Countrey was before the matter of your cautious Discourse at the Custom-house how came you to tell them I heard this Report of a Razor thrown out of the Window that morning the Earl of Essex cut his own Throat Mr. Evans Mr. Edwards reported this same thing that very same morning to me and several others at the Custom-house-Key L. Ch. Just Why did you not tell us this before Mr. Evans I beg your pardon my Lord I do not understand the methods of the Court. Mr. Wallop Mr. Hatsel gave the occasion by pulling out the Inquisition L. Ch. Just Pray Sir make your Observations anon let the King's Councel go on with their Evidence Mr. Att. Gen. What Discourse had Mr. Braddon with you then at that time when Hatsel came down with him to your House you say and pulling out the Inquisition you read it and made Answer You heard at Custom-house-Key such a Report that very morning the Earl murdered himself Mr. Evans Mr. Braddon was walking up and down the Room I did not speak it to him but I spake it to Mr. Hatsel but I believe Braddon over-heard and took
you speak to him that you had such a Report from home or did you not Mr. Edwards When I told it him I had it from home for I brought it from home L. Ch. Just Nay did you tell him you had such a Report from home at 10 a Clock or no Mr. Edwards I told him that I had met with such a Report L. Ch. Just From whom Mr. Edwards From my Family at home for the Boy came not to me to tell it· L. Ch. Just Then did you see Mr. Evans about 2 a Clock that afternoon Mr. Edwards 'T is probably I did L. Ch. Just Did you or did you not Mr. Edwards Yes I believe I might I beseech your Lordship give me leave to speak Mr. Evans and I am conversant forenoon and afternoon every day we have Business together Mr. Evans We have Business my Lord about shipping off Goods Mr. Edwards But my Lord if you please I will tell you that is the occasion of our being together L. Ch. Just Answer me my Question Did you or did you not tell him so Mr. Edwards I did not acquaint him with it before I had been at home and received it from my own Family L. Ch. Just Look you Sir Don't you go about to evade the Question nor trifle with the Court you must answer me my Question directly and upon your Oath Did you tell him you had notice from home of such a Report or no Mr. Edwards I did not receive notice from home but I brought it from home L. Ch. Just Did you tell him you had it from home Mr. Edwards I told him I had it from my Family who told me the Boy had made such a Report L. Ch. Just Did you tell him you had it from your Boy or received notice from home about it Mr. Edwards I did not tell him any thing before I had been at home L. Ch. Just Well then answer me this question Did you tell him in the afternoon at two a Clock Now I have been at home and examined my Boy and find it so as I told you Mr. Edwards I examined my Boy at Dinner and I found the Boy agreed with the Report of my Daughter and confirmed it L. Ch. Just I ask you what you told Mr. Evans not what your Boy or your Daughter told you Mr. Edwards It is probable I might tell Mr. Evans the same story after dinner at Two a Clock that I did before L. Ch. Just Now tell us the passage again Mr. Evans as you heard it Mr. Evans To the best of my remembrance at two a Clock in the Afternoon Mr. Edwards came and told us he had examined the Boy and says he the Boy has confirmed all that I told you L. Ch. Just But before that in the Morning what did he say Mr. Evans I cannot say exactly the time but I think it was about 10 a Clock There were four or five more besides my self standing at Custom-house Key and Mr. Edwards came to us and told us says he I am informed from home as I understood it not that he had been at home but that he heard it from home that his Boy being at the Tower had seen an hand throw a Razor out of a Window L. Ch. Just What said he at two of the Clock Mr. Evans He said he had examined his Boy and he said the same thing that he had told us he had heard in the morning Mr. Att. Gen. My Lord we are now but upon the Entrance of our Evidence to shew upon what slender grounds how slight a foundation there was for this Gentleman to undertake this Prosecution Mr. Sol. Gen. Mr. Edwards pray let me ask you a question Did Mr. Braddon tender any Paper to your Son to sign Mr. Edwards I was informed he did do it afterwards but I saw him not do any such thing Mr. Sol. Gen. Did you never say that Mr. Braddon had tendred a Paper to your Son to sign Mr. Edwards I do not believe I ever did say so I do not remember any such thing Mr. Sol. Gen. Pray recollect your memory and tell us whether you did or did not Mr. Edwards I thank God Sir that he has given me my memory and my understanding I bless him for it Mr. Att. Gen. But it were well if thou hadst any honesty too Mr. Edwards And honesty too Sir I have not lived these 39 years at the Custom-house without honesty I never had my honesty questioned to this day I am sure no body can tax me with dishonesty Mr. Sol. Gen. Pray Mr. Edwards let your anger alone for a while and answer the question that I shall ask you Did your Son refuse to sign that Paper Mr. Edwards He did sign it at last Mr. Sol. Gen. Did he refuse to sign it Mr. Edwards I do not know whether he refused it or no. Mr. Just Withins Did you hear that your Son refused it Mr. Edwards I did hear that he had signed it Mr. Just Withins But did you hear that he refused to sign it Mr. Edwards The Boy did not tell me he had refused to sign it I did not hear him refuse it L. Ch. Just Thou dost prevaricate very strangely I must tell thee that notwithstanding thy reputation of 39. years of honesty Prithee answer plainly Did you hear at any time that your Son had refused to sign it Mr. Edwards No my Lord I did not to the best of my remembrance L. Ch. Just That is a plain answer man But thou dost so shuffle up and down one cannot tell what to make of what thou sayst Mr. Thompson Sir I desire to ask you one question Whether ever Mr. Braddon and you had any former acquaintance Mr. Sol. Gen. Pray stay Sir and if you please spare your Question a little for we have not yet done with Mr. Edwards Mr. Edwards pray swer me Did Mr. Braddon ever tell you that he had other Informations to confirm this Report of your Son from others Mr. Edwards Truly I do not remember he said any such thing Mr. Sol. Gen. Did you ever say he told you so Consider of it and remember your former Examination Mr. Edwards 'T is like since he may have said so but not at his first coming Mr. Sol. Gen. At his first coming did your Son sign his Paper then Mr. Edwards No he did not as I am informed I saw it not Mr. Sol. Gen. But afterwards you say Mr. Braddon did tell you He had other Evidence to confirm it Mr. Edwards It may be he might I can't say it positively Mr. Att. Gen. You say he did not sign the Paper at his first coming Mr. Edwards No I am informed he did not Mr. Sol. Gen. How do you know he did sign it at last Mr. Edwards My Wife and Daughters information L. Ch. Just But how then can you say that you never heard he did refuse it Mr. Edwards My Lord he did not tender a Paper to him to sign till he had been 2.
this Informant left his Brother and went to the Tower to see his Majesty and his Royal Highness And when this Informant had seen his Majesty and his Royal Highness this Informant about Nine of the Clock in the Morning of the same day went to see my Lord Brandon Gerard's Lodgings and as this Informant was standing almost over against my Lord Gerard's Lodgings between the Lord Gerard's and the late Lord of Essex's Lodgings this Informant saw a Hand cast out a bloody Razor out of the said Earl of Essex's Lodgings And this Informant was going to take up the said Razor which he saw on the Ground to be bloody but before this Informant came to the Razor there came a Maid running out of Captain Hawley's house where the said Lord of Essex lodged and took up the said Razor which he carryed into the said Captain Hawley's House And this Informant believes that it was the said Maid who he first heard cry out Murder And this Informant further saith That he heard the said Maid say to some which were about the Door after the Murder was cryed That she did hear the said Lord of Essex to groan three times that Morning The Father three Sisters and Brother will swear That the said William Edwards did declare the substance of this Information to them on Friday the 13 th instant and never in the least denyed it till Tuesday after when being chid and threatned by the elder Sister he did deny it but soon after confessed it and signed it in the presence of five or six Witnesses Mr. Just Wythins Thus you see he perswaded him to tell a fine Story of going to see my Lord Brandon Gerard's Lodgings but the Boy never told him any such thing L. C. J. No he never told him a word of it he swears Mr. Att. Gen. My Lord your Lordship has heard from Mr. Monstevens That this Gentleman Mr. Braddon made use of the Name of an honorable Person Sir Henry Capell and so at the Secretarys and at Edward's house made use of the Name of my Lady Essex We shall now call Sir Henry Capell who was Sworn Sir Henry Capell Will you please to give an accompt Whether ever you employed this Gentleman Mr. Braddon about any such business as he has here undertaken Sir H. Capell I hope you will give me as short a dispatch as you can Sir for 't is very uneasie for me to be here in this Crowd Mr. Sol. Gen. We give you some trouble Sir Henry but indeed 't is not we but this Gentleman that has been pleased to use your Name has necessitated it Mr. Att. Gen. We ask you a short Question whether you employed Mr. Braddon to go to Mr. Edward's House or to the Secretarys or any where else to prosecute this matter of your Brothers death Sir H. Capell My Lord I know very little of Mr. Braddon He was to speak with me twice The first time he took me in very great disorder both as to the circumstance of Time and Place which are so tender with me that truly I cannot express nor do I very well know what I did say or what he said to me but the Second time he came to me I do very well remember what I did say And that which I did say the Second time is the most material Thing I have to say in the matter He came to me and spake of such a business as the Court is well apprized of already I hope you will pardon me if I do not repeat it I made answer to him Mr. Braddon I am under great grief and under a great burthen of Business in my private Family whatsoever you have to say in the matter I desire you would go to a Secretary of State and acquaint him with it This is the most material Thing that was said that I remember Mr. Att. Gen. But you never imployed him to go about to prosecute any such thing Mr. J. Withins Sir Henry Pray answer me Did you desire him to go to Edward's House and ask him any Questions about it Sir H. Capell I know nothing of Edward's nor his House at all Mr. Braddon Sir H Capell will you please to let me ask you one Question Do you not remember I came to Essex House on the Monday night and that I came and told you of such a Report and that I had not been with the Father of the Boy as yet but if you would then send one with me I would go and in his presence examine the Boy and you Sir promised me that you would and whether you did not appoint me to tarry at such a Place where you promised to send one to go along with me Sir H. Capell My Lord I have a gross Idea of that which he speaks of concerning his having one to meet him and that I told him such an one should meet him and the person did desire to be excused and I did excuse him and so he did not go upon which this Gentleman Mr. Braddon came to me the Second time which was after Dinner and I directed him to go to a Secretary of State and acquaint him with what he had to say in the business Mr. Braddon Did not you promise Sir to send one to me to go with me and desired me to meet at such a place Sir H. Capell I remember no more but what I have said Mr. Braddon Upon the Oath you have taken Sir Henry Capell I desire you would recollect your Memory whether you did not promise me in the Morning to meet at such a Place and was not I twice with you that day Sir H. Capell Sir I know no more Mr. J. Withins Do you think Sir Henry Capell would forswear himself Mr. Braddon Mr. Braddon My Lord I only desire him to recollect his Memory Sir H. Capell Only I do farther remember He seemed to be very willing to go to the Secretary of State Mr. Att. Gen. And if he had acquiesced there he had done very well and there had been no farther trouble Mr. Jones But that was not the way he intended that would not do his Work Mr. Sol. Gen Pray Mr. Blaithwaite do you give my Lord and the Jury an accompt whether this Information was ever carried before any Justice of Peace in order to have it sworn before him and the circumstance of it Mr. Blaithwaite My Lord I do very well remember when this Information was before the King and was shew'd to Mr. Braddon he there confessed That he had gone about to find some Justice of Peace to take it upon Oath He named Sir Robert Clayton and Sir John Lawrence And I do very well remember and 't is upon my Minutes That he confessed That Sir Robert Clayton being asked by him to take the Information in private alone without Company being by Sir Robert Clayton refused to take it unless he might take it more publickly and Sir Robert Clayton refusing to take it alone in private he would
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
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
Then Gentlemen you may observe this fellow is easily perswaded to swear any thing for he gives no manner of account how he came to hear what he speaks of or from whom or how Mr. Braddon came to him He had never seen him before that time he says though Mr. Braddon had such a value for this worshipful Pin-maker whom he never saw that he came from London upon the least intimation of this man so zealous he was for the carrying on this weighty affair which I may call this impudent and intolerable Lye Gentlemen I must tell you if any proof in the world be sufficient to prove malice you have sufficiet proof of it before you now If it had been a thing of indiscretion only without malice if there had been nothing of Caution given to him about it as a thing that concerned not him there might have been something said to alleviate it but for him to come as if he had Authority from the Countess of Essex and Sir Henry Capel who denies it shews the malice of his design Gentlemen 't is a concern of an High nature and if you do belive these persons that are Defendants or either of them to be guilty such as you believe to be guilty you must find Guilty and of so much as you believe them Guilty And if in case they shall by you be found guilty the Court is to take care to inflict a punishment if it be possible suitable to their Offence Then the Court arose and the Jury afterwards gave in a private Verdict which the next morning was repeated in Court and recorded And by that Verdict they found the Defendant Laurence Braddon guilty of the whole matter charged upon him in the Information and the Defendant Hugh Speke guilty of all but the conspiring to procure false Witnesses and of that they found him Not Guilty FINIS ADVERTISEMENT IN the Tryal of Sir Samuel Bernardiston Baronet lately published you are desired to correct this mistake in Page 16. line 33. for No read Yes The Tryal of John Hamden Esquire is now in the Press and will be shortly published Luna 21. Aprilis 1684. Termino Paschae 36. Carolus Secundi Regis B. R. Dom. Rex versus Bradden and Speke Mr. Att. Gen. MY Lord Here are two Persons to receive your Judgment L. Ch. Just Who are they Mr. Att. Gen. Bradden and Speke But it being late I know not whether you will give it now or appoint some other time L. Ch. Just No no let them come in They will say we are afraid of giving Judgment else Then Mr. Bradden and Mr. Speke came into Court Mr. Att. Gen. My Lord We pray your Judgment for the King that you will set a good Fine Mr. Williams We are retained to move in Arrest of Judgment Mr. Att. Gen. Judgment is entered already and there is nothing but a Fine in the Case Mr. Williams My Lord If it be entered it is entered but this Term and 't is in the Breast of the Court if they please to admit us to speak in Arrest of Judgment L. Ch. Just When were the Rules out Mr. Williams My Lord it was put off by consent to this day L. Ch. Just But when were the Rules out I ask Cl. of Crown The Rules were out the last day of the last Term and then Judgment was entered L. Ch. Just Well then Judgment is entered what say you against a Fine M. Williams We were retained to move in Arrest of Judgment I am sure I was and instructed to that purpose L. Ch. Just I cannot tell what you were retained to do but now Judgment is entered what say you as to the Fine Mr. Williams We cannot say any thing as to that we are not instructed I am sure I am not Mr. Wallop My Lord we took it and I was told so That it was put off by consent to this day L. Ch. Just I know nothing of your Consent nor what you consented to If you consent among your selves at the Bar that is nothing to the Court. Here we find Judgment entered and we must proceed upon what is before us Mr. Wallop Your Lordship will please to remember what the Evidence was L. Ch. Just I do remember it very particularly Counsel My Lord Mr. Speke is found Guilty of nothing but Writing that Letter Mr. Att. Gen. He is found Guilty of all but the Suborning L. Ch. Just We do very well know there is a difference between them Then the last Rule was read L. Ch. Just Well Judgment is regularly entered what say you to it for the Defendants Mr. Wallop My Lord we conceive we have very good matter upon the Verdict to move in Arrest of Judgment L. Ch. Just Yes no doubt what you have to say is extraordinary material but you come too late we cannot hear you Sir Samuel Astrey is Judgment entered according to the course of the Court Cl. of Cr. Yes L. Ch. Just Then we must proceed to fine them Mr. Bradden Pray my Lord Let Mr. Ward be asked whether they did not agree we should move to day Mr. Ward That was only an agreement on Saturday that they might appear to day and I would not take them in Execution Mr. Bradden This was the day I was to move in my Lord Mr. Burton knows very well he agreed to it Mr. Burton I know nothing more of it my Lord but that indeed I did consent on Saturday that whatsoever they could move then they should move on Munday Mr. Ward That was only that they should appear to day instead of Bradden's being taken up by a Capias pro Fine L. Ch. Just Well well I know nothing of your agreements here is Judgment entered regularly as we find it you had best bring your Action against Mr. Burton if he have done you any wrong but I did not know that Mr. Burton was the Kings Attorney But I find here is Judgment against you and 't is for a very foul Offence as notorious an Offence as any Person under that which is Capital could be guilty of base aspersions of the Government in order to promote Sedition and Faction and for that End made use of all Villanous means to corrupt Infants and then justify that Vilany with a brazen Face to that degree of Impudence as I never before saw That all the Justice of the Nation must be affronted by such audacious Fellows for it seems his Confidence has not left him but here he smiles and seems as if he had done no harm Mr. Bradden My Lord I know my own Innocency and therefore have no reason to be troubled L. Ch. Just Your Innocence your Impudence you mean I tell you had you been in any other Country but this the Innocence you brag of would have sent you to the Gallies Mr. Just Wythins Then you think Mr. Bradden you have done very well in what you have done L. Ch. Just Ay I assure you does he And the Zeal of his Party
Evans No not a word of it L. C. J. How came you to be frighted then and to be unwilling to hear of that matter and to tell him you thought it might be prejudicial to him and Mr. Edwards Mr. Evans I told him I had seen the Coroners Inquest where it was proved that the Razour lay in such a place therefore I desired they would not speak to me of any such matter and I desired Mr. Braddon not to proceed in it for you may do your self and Mr. Edwards too some prejudice Mr. Att. Gen. Look you Mr. Evans what did you understand by the throwing the Razour out of the window and giving him caution not to proceed The Razour might be found there what was the meaning of it Mr. Evans May it please your Lordship There was a Report at the Custom-House that very morning the Earl of Essex cut his Throat that there was a Razour thrown out of the window Mr. Jones You did advise Braddon you say not to proceed in it Mr. Evans Yes Mr. Jones How came you to advise him so Mr. Evans Because it might be prejudicial to him and Mr. Edwards too Mr. At. Gen. Was there no talk between Mr. Edwards Mr. Braddon and you that Mr. Braddon would be a Prosecutor of the Murther of the Earl of Essex upon your Oath Mr. Evans Not one word or Syllable For Mr. Braddon spake not one word good or bad I gave an account to Secretary Jenkins of every word that passed Mr. At. Gen. Did not you advise him not to prosecute the business Mr. Evans I did advise him not to disperse such a Report L. C. J. What Report Mr. Evans Of a Razour being thrown out of my Lord of Essex's window Mr. At. Gen. Why suppose there had been a Razour thrown out of the window what then Mr. Evans Then it was contrary to the Information and Evidence given before the Coroner L. C. J. Why so why might it not be thrown out after it was found in the place where the Inquisition says Thou art a wonderful cautelous man Where is the danger of the Report of a Razour being thrown out of a window there must be something more in it if we could but get it out of him Mr. Evans Will your Lordship be pleased to hear me L. C. J. Ay I do hear thee but I do not understand thee Mr. Evans May it please your Lordship I will read the words verbatim that I gave to the Secretary L. C. J. Why I believe you can read and I make no doubt you can write too or you are not fit to be a Custom House Officer Mr. Evans I put in this Paper to the Secretary and will repeat what I said then as near as I can upon my Oath L. C. J. I care not a farthing what you delivered to the Secretary tell us what thou hast to say plainly Mr. Evans May it please your Lordship I will read it what it is Mr. Sol. Gen. You may look upon your Paper to refresh your memory but you must not read it here Mr. Evans If it please you I will tell you the reason and occasion I had to go to the Secretary L. C. J. I know not what occasion thou hadst to go to the Secretary nor do I care what thou didst when thou camest there it may be thou madest three Legs it may be never a one what is that to us what canst thou say to the matter here before us Mr. Evans That is all I can say my Lord. It was an Accident that they came into my company And I tell you the manner and the occasion That Person that brought me the Warrant saying to Mr. Edwards that I was below Mr. Braddon hearing my name named comes down with Mr. Edwards for he had told Mr. Edwards I was related to him and they both came to the Coffee-House and there they began to discourse about this matter Mr. Just Withins Who began to discourse Mr. Evans Mr. Edwards L. C. J. Well what was it he said to thee Mr. Evans Mr. Edwards began thus Says he Mr. Evans this Gentleman has been at my House to examin my Son concerning a Report that is spread abroad concerning a Razour that was thrown out of the Window of the Earl of Essex's Lodgings that morning he cut his Throat I hearing of that said I Gentlemen I have read the Coroners Inquest that is in Print and it is otherwise declared there And therefore let there be no discourse of any such matter for I believe no such thing And said I to that Gentleman Mr. Braddon pray forbear medling in any such thing for Mr. Edwards is a poor man and has divers Children he may be ruined and you likewise may be ruined your self if you proceed any further in it Mr. At. Gen. We shall Interpret this matter by our other Witnesses L. C. J. Ay so you had need for there is nothing to be made of this Fellows Evidence Mr. North. Lifting up his hands in an unusual manner Pray by the Oath you have taken when you gave that advice did Mr. Braddon make you no answer Mr. Evans No none at all Mr. Braddon Mr. Evans pray will you answer one thing L. C. J. Pray Sir let us have no elevation of hands Your confidence does not so well become you in a Court of Justice this is not a Cause wherein you need use so much confidence Mr. Braddon Sir pray answer did not I L. C. J. What is it you would ask him Mr. Braddon My Lord I desire he may be asked Whether I with a Brother of his did not come to his Country-House on the Monday immediately after my Lord of Essex's death and whether at his Table there was not a Report then of a Razour being seen to be thrown out of my Lord of Essex's window L.C.J. Pray ask by your Council they are most proper to ask questions for you Tell them what you would have asked and do'nt make long Stories your self Mr. Wallop Were you not in company with Mr. Braddon the Monday after my Lord of Essex's death Mr. Freke What was the Report Sir at your Table upon the Monday next after my Lord of Essex's death Mr. Evans My Lord if your Lordship please L. C. J. Pray Sir make a short and plain Answer to what questions are asked you and let us have none of your Circumlocutions and your discourses of the matter and the matter but let us understand what you say Mr. Evans I will my Lord. L. C. J. What is your question Mr. Braddon Whether I was not upon the Monday after the Earl of Essex's death at his Table where there was a discourse of a Report that a Razour was thrown out of the window before Murther was cried out and concerning a Boy which went to take it up L. C. J. What a Story is here pray ask him a fair and a short question if he can remember what was said at his House We are got quite to
notice of it Mr. Just Withins Did he concern himself about it Mr. Evans No not much I did not hear him say any thing but he walked up and down the Room L. Ch. Just Now after all this Discourse of the matter for ought I can understand the matter is but this He says Edwards before the meetings either at his House in Essex or at the Coffee-house by the Custom-house reported to him as tho' the Earl of Essex had not murdered himself but some body else had done it for him And this was reported at the Custom-house that morning the Earl of Essex cut his own Throat and he hearing this Report at the Custom house at that time afterwards comes Braddon and Hatsel to his House into Essex and after Hatsel had shew'd him the Paper of the Inquisition in Print he said I heard some Discourse from Mr. Edwards at the Custom-house of a quite other nature and then he says Braddon and Edwards came to the Coffee-house and there it was he desired them not to talk of that matter for said he that contradicts the Inquisition I saw before This is the substance of what he said Mr. Att. Gen. And hereby it does appear that Braddon and Evans and Edwards and Hatsel are all of a Gang. L. Ch. Just Have you the Information he gave in to the Secretary Mr. Att. Gen. That that was given before the Councel Mr. Att. Gen. Yes 't is much the same with what he hath said now Mr. Evans Yes my Lord 't is verbatim as I have declared now Mr. Att. Gen. Only this other part of Hatsel and the meeting in Essex was spoken of since that was not declared before Mr. Evans No my Lord that I did not speak of because I was not examined about it Mr. Att. Gen. That was part of the Secret Mr. Evans No it was common Discourse with me And I did not think any thing of it what Mr. Edwards said at the Custom-house was spoken to a great many others as well as me and the people seemed to be surprised with an accompt of the thing at the first news of my Lord of Essex's death And if I had thought it material I could have brought a great manny that were by then but Mr. Edwards is here brought himself I suppose he will not deny it Mr. Sol. Gen. Look you Sir you say that very morning my Lord of Essex killed himself Mr. Edwards discoursed and made this Report to you at the Custom-house pray tell what the discourse was what he said to you and then tell us what time of day it was Mr. Evans To the best of my remembrance it was about eleven a Clock there were several persons standing together among the rest Captain Goodland and some of the Searchers and Mr. Edwards was there and said he I am informed from home That my Boy has been at home and given an accompt to my Wife that being in the Tower he saw a hand throw a Razor out of a Window and he named my Lord of Essex's Window and this Mr. Edwards did not only tell me but to a whole Coffee-house of people this matter of fact Mr. Just Holloway Did not Mr. Edwards tell you That some body had been examining his Boy about that Report Mr. Evans That was the second time when Mr. Braddon and Mr. Edwards came together Mr. Just Holloway Who was it had been examining his Boy did he say Mr. Evans Mr. Braddon he said had been to examine his Son Mr. Just Holloway That was after the discourse at Essex that Braddon came to examine his Son concerning the Razor Mr. Wallop Yes it was after the discourse at Essex where Hatsel plucking out the Paper Evans told Mr. Braddon first of this Razor L. Ch. Just Well make your defence by and by Mr. Wallop Do not make your Remarks now Mr. Att. Gen. Come Mr. Edwards Cryer swear him which was done L. Ch. Just What do you ask him Mr. Attorney Mr. Att. Gen. Mr. Edwards Pray will you give the Court an account of this business for I don't know whether you heard what that Gentleman that went out last said he says you raised this Story Pray give an account what you know of it Mr. Sol. Gen. Pray tell what you know of Mr. Braddon's coming to your Son and what discourse he or you had about the murder of the Earl of Essex Mr. Edwards The Report that Mr. Braddon came to enquire after was with us some three days before It was in our Family three days before and upon the 17. of July L. Ch. Just What was the Report Mr. Edwards before Mr. Braddon came to you Mr. Edwards The Report I have already declared before the Council L. Ch. Just But you must tell us too what it was Mr. Edwards The Report of the Boy the 13. of July about 10 a Clock as I was informed by my Family and by the Boy afterwards by word of mouth was this He comes in about 10 a Clock says he I have been at the Tower to one of his Sisters and have seen his Majesty and the Duke of York and the Earl of Essex has cut his throat and I see an hand throw a Razor out of the Window and one came out of the house a Maid or a Woman in a white Hood and a Stuff Coat and took it up and went in again and then I heard a noise as of murder cryed out This was the Boys Report and more than as his Report I can't speak to it L. Ch. Just This was your Son was it not Mr. Edwards Yes the younger of them The two Boys were that morning going to Merchant-Taylors School together as they used to do and by the way hearing the King was in the Tower this younger Boy that was well acquainted with the Tower gave his elder Brother the slip and went into the Tower and rambled about from place to place Mr. Att. Gen. Did not you examine him Mr. Edwards Ay I did examine him Mr. Att. Gen. Did not you find that he denyed it again Mr. Edwards No I did examine him and I found no denyal of any thing at all that he had reported till Mr. Braddon came to make enquiry Assoon as he came to make the enquiry and I understood what Mr. Braddon's business was I begged of him that he would not insist upon it by no means I begged of him as if I had begged for my life but he was so zealous in the business that nothing would satisfie him And after I had told Mr. Braddon that which I could not deny which was the Boys Report I left him and went down to the Custom-house and some of my Family discoursed the Boy at that rate that he began to deny it and in less than half an hours time recollected himself and began to own it again and so the Boy was off and on till the time he was before the Council and to this day he seems to stand in the denyal whether he
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
or 3. times there as I have heard it was not tendred the first time he came L. Ch. Just I wonder how thou hast escaped 39. years with such a Reputation Mr. Edwards My Lord I never was thought otherwise nor I hope never gave any occasion for such a Thought L. Ch. Just. I 'le assure thee I do not nor can take thee for one Mr. Edwards I hope I have done nothing to make your Lordship think the contrary L. Ch. Just Yes thou hast Thou didst nothing but shuffle up and down thou art to consider thou art upon thy Oath and must answer Questions plainly Mr. Edwards My Lord I do answer as truely as I can Mr. Att. Gen. Heark you then Mr. Edwards answer me L. Ch. Just Speak the truth and nothing but the truth that is all that is required of thee no Court of Justice ought to be afraid to hear truth Let truth come out of Gods Name Mr. Att. Gen. Did Mr. Braddon ever tell you That he had other Evidence besides your Son Mr. Edwards I do not remember he said any such thing at his first coming L. Ch. Just. How thou dost shuffle again Answer plainly Mr. Att. Gen. I ask you whether ever he did say it Mr. Edwards Yes he did say so afterwards Mr. Sol. Gen. I must ask you one Question more for I see 't is very difficult to get it out of you Pray did he tell you that he had other Evidence besides your Son before he signed the Paper or after Mr. Edwards It was before as I take it I speak to the best of my knowledg my Lord I can say no more L. Ch. Just If thou hast a mind to continue the Reputation thou hast got as thou saist the way is to answer Questions and speak the truth plainly let it concern whom it will Mr. Edwards I labour to do it my Lord to the best of my Understanding and Capacity L. Ch. Just I would not have thee say a tittle more than the truth but let the truth come out Mr. Freke Now Sir I would ask you if they have done with you Did you ever know Mr. Braddon before the 17 th of July Or did you ever see him before Mr. Edwards No I never had any knowledge of him nor ever heard a word of him Mr. Wallop Mr. Edwards The Question was asked of you Whether Mr. Braddon did say There was other Evidence besides your Son pray when was that Mr. Edwards He did not at the first time but afterwards he did Mr. Wallop That was a good while after he had been with the Boy first L. Ch. Just Make your Observation by and by Mr. Wallop This is not a time for them Mr. Att. Gen. Then where is Edwards the Boy who was brought forthwith into Court. Mr. Edwards I charge you in the presence of Almighty God speak truth Child Mr. Sol. Gen. And so should you too Mr. Edwards Be sure to say nothing but the truth L. Ch. Just And Child turn about and say Father be sure you say nothing but the truth Mr. Att. Gen. My Lord This is the Boy he is very little and very young will your Lordship have him sworn What Age are you of William Edwards I am 13 my Lord. Mr. Att. Gen. Do you know what an Oath is Will. Edwards No. L. Ch. Just Suppose you should tell a Lye do you know who is the Father of Lyars Will. Edwards Yes L. Ch. Just. Who is it Will. Edwards The Devil L. Ch. Just And if you should tell a Lye do you know what would become of you Will. Edwards Yes L. Ch. Just What if you should swear to a Lye if you should call God to witness to a Lye what would become of you then Will. Edwards I should go to Hell-fire L. Ch. Just That is a terrible thing And therefore Child if you take an Oath be sure you say nothing but what is truth for no Party nor Side nor any thing in the World for that God that you say will call you to account and cast you into Hell-fire if you tell a Lye and witness to a Falshood knows and sees all you do therefore have a care the truth you must say and nothing but the truth Cryer Pull off your Glove and hearken to your Oath Then he was sworn Mr. Sol. Gen. And now remember you call God to witness to the truth of what you say Mr. Att. Gen. Young man look upon that Paper is that your Hand Will. Edwards Yes Mr. Att. Gen. Did you sign that Will. Edwards Yes Mr. Att. Gen. Prithee tell the Court how thou camest to sign it L. Ch. Just Ay Child be not afraid Tell the truth for if thou tellest the truth thou needest not be afraid but if thou tellest a Lye thou hast need to be afraid let no body whatever has been said to thee affright thee from telling the truth Mr. Sol. Gen. Don't be afraid of thy Father or any body but tell plainly what thou knowest and speak only the truth Mr. Att. Gen. How come you to sign that Paper Will. Edwards Mr. Braddon bid me sign it when he had writ it L. Ch. Just Heark thee Child Did he take it from thee what he writ or did he write it from himself Come hither Child be not afraid no body here will do thee any hurt Then the Boy was lifted up upon the Table before the Judges L. Ch. Just Look upon that Paper didst thou put thy Name to that Paper Child Will. Edwards Yes L. Ch. Just Whose Hand-writing is that Paper besides thy Name Will. Edwards Mr. Braddon's L. Ch. Just Did he bring it ready written Will. Edwards He writ in our Parlour L. Ch. Just How came he to write it Will. Edwards He said it was for the Earl of Essex to give to his Wife L. Ch. Just And what did he ask thee before he writ that Will. Edwards He asked me whether I saw any thing at the Tower and so I told him Yes L. Ch. Just Ay tell us what you told him and be not afraid Child but tell the truth Will. Edwards I told him I was in the Tower and saw a Razor thrown out of a Window L. Ch. Just. You told him so and then what said he to you Will. Edwards He bid me speak the truth L. Ch. Just Was that all the words you had Will. Edwards I afterwards went with my Brother into the Tower and I shewed my Brother the Place and then afterwards Mr. Braddon writ this and he said it was to give to the Countess of Essex Mr. Just Holloway Did he read it to you after he had writ it Will. Edwards Yes Mr. Just Holloway And did he ask thee whether it were true Will. Edwards Yes L. Ch. Just And didst thou tell him it was true Will. Edwards Yes L. Ch. Just And didst thou tell him all that was in that Paper was true Will. Edwards Yes L. Ch. Just Did you tell him all that was writ in that Paper
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
Sunday Morning From thence I went to my Lord Weymouths as I told you Mr. Att. Gen. My Lord We have gone through our Evidence for the present to shew how this man has endeavoured to spread this matter to the scandal of the Government We shall end here at present to see how he has improved his confidence by what defence he will make to all this proof Afterwards if there be occasion We shall give an account of the Earls death how he murdered himself And for that we have a Cloud of Witnesses tho this Gentleman has taken upon him so much confidence as to contest it L. C. J. That would be very fit Mr. Attorney because they have raised a doubt in some Peoples minds about it Mr. Att. Gen. I thought it best to reserve it till after I see what defence he will make L. C. J. Take your time Mr. Wallop May it please your Lordship and you Gentlemen of the Jury I am of Counsel for Mr. Braddon and Mr. Speke the Defendants here You see what the Issue is before you Mr. Speke and Mr. Braddon they are in the Information charged That they did Conspire together to make the People believe That whereas the Earl of Essex murdered himself and so it was found by the Inquisition yet they would have the People believe that that Inquisition was taken unduly and that they did Conspire to procure false Witnesses to make these things out Now Gentlemen the only point that you are to inquire of is this Whether these two Gentlemen did malitiously factiously and seditiously set these things on foot This Report that the Earl was murdered or whether there were such intimations offered to them accidentally and casually without officiousness or any of their own seeking that might induce a good man or a wise man to follow the business upon such Information given For our parts that are for the Defendant we say this for our Clients We are not so much to make any men guilty of this Murder that is not our business but to prove our own innocency and fair dealing in this matter Now Gentlemen if these two Persons had no inducement to lead them on to this but did it of their own heads that is Criminal in them but if they had that which might induce a wise and good man though they were much mistaken yet they are not to be found Guilty of this offence that is charged on them I shall leave it Gentlemen to you who I question not have observed the Evidence that has been given and whose proper work it is to make your Judgment upon But in our defence the steps we go are these and we desire you would please to observe them First we say that the Report of this Murder was the day before two or three days before and that very day so many Miles distant from London that hearing of such a Report we might very easily be induced to make some inquiry after it and of this 4 Instances we shall give in the Course of our Evidence that this was a great many Miles off London talked of at the day and immediately after the day before the News could reach those places after the Fact committed Then we shall proceed to those passages concerning the Boy and produce Evidence to set forth the true State of that Matter That this Boy as he says himself did tell the Family this Story that very day that my Lord murdered himself immediately upon his coming home Now this Original Story is impossible to be contrived by Mr. Braddon be it true or be it false Then Mr. Braddon coming into Essex to Mr. Evans house at Wansteed there what was said by the Boy was spoken of Then Mr. Braddon finding this Information of the Boy which he had given merely of himself and which contradicted the Inquisition and put him upon this Inquiry Now how far this Intimation has weight and may be an inducement to a good and a wise man as I say that we must leave to you But besides that there is a Girl a stranger to the Boy that at the same time upon the matter and to this same effect and substance delivered such an Evidence as might very well serve to confirm us in our Inquiry and this is the Course of our Evidence in the substance of it And we shall apply our selves to your Lordship and the Jury after the Evidence given and make our Observations upon it and submit it to you Gentlemen Mr. Williams Will your Lordship please to spare me one word that is an Objection that we would make from the Record it self The Information that does recite That the Earl of Essex was imprisoned in the Tower and during his Imprisonment there cut his own Throat and became Felo de se And that there was an Inquisition taken before such an one before Edw. Farnham Coroner of the Liberty of the Tower My Lord I was not here when the Inquisition was read if I had I should have made the Objection then but this is that I say If we can falsifie that part of the Record if there be a mistake there that is if Farnham was not Coroner then they fail in their proof and we must be found not Guilty for so it is in the Information L. C. J. It is said to be before him as Coroner of the Liberty Mr. Williams Yes My Lord They recite that he is Coroner and that the Inquisition was taken before him as Coroner and Mr. Braddon knowing of it did thus and thus L. C. J. Why is he not Coroner Mr. Williams My Lord I desire the Inquisition may be looked into I cannot go to contradict the Inquisition but my instructions only are that he is Deputy Coroner and if it be so they are mistaken in their Information Cl. of Cr. It is Coram Edvardo Farnham Coronatore Mr. Williams Then we can't help it But there are these things that we say to it one part of the Information is That we should go about to perswade the people that this Inquisition was not duely taken another part is That we did procure false Witnesses to prove it now what proof is offered as to the matter of perswading the people I must submit to you whether it be such as comes up to the Charge in the Information There is some kind of proof but what it is you see Then for the other Matter which is the procuring false Witnesses that under favour I think I may affirm that there is no proof at all of that Mr. Braddon or Mr. Speke did procure false Witnesses Gentlemen we shall endeavour to acquit our selves of all if we cannot of all yet of part especially that part which seems to be the most Criminal And I must needs say I have not heard any Proof of procuring false Witnesses by either of the Defendants Then there is a third thing charged and indeed in the Evidence there is something that looks towards it That he should go about
the same as you make use of all sorts of ridiculous and shamming stories to set us together by the ears and rake into all the Dunghills that can be to pick up matter to put us into confusion Mr. Williams But my Lord if there was such a report so long before L. C. J. Mr. Williams you were here in Town at that time I am sure Mr. Williams My Lord I heard it at Eleven a Clock that day that is the soonest I heard it L. C. J. What an Age do we live in what stuff is here picked up on purpose to kindle the Fire and set us all into a flame Mr. Att. Gen. What day of the Month was it Fielder upon your Oath Mr. Fielder I did not mind the day of the Month I can't tell that Mr. Att. Gen. How do you know it was that Week Mr. Fielder Because on the Saturday night that Week we had the certain News of it Mr. Sol. Gen. You say somebody told you then of it on Saturday Mr. Fielder Yes on Saturday we had certain News of it Mr. Sol. Gen. Who gave you the certain Intelligence Mr. Fielder Some Clothiers Mr. Williams Was Gadbury your Country-man L. C. J. Ay prithee ask him that whether Gadbury told it him or Erra Pater if you will Mr. Att. Gen. From what Market-people was it reported Mr. Fielder Some Women Mr. Sol. Gen. It was only Womens stories then Mr. Fielder Yes they talked of it among themselves Mr. Att. Gen. Was it the Forenoon or the Afternoon Mr Fielder The Wednesday and Thursday both it was the common talk of the Town all day long Mr. J. Withins Name one that spake it to you Mr. Att. Gen. Ay name one of any credit if you can Mr. Fielder I cannot it was the Women as they came in and out of my shop and as they went up and down the Town Mr. Wallop My Lord we leave it with your Lordship and the Jury He swears he then heard such a Report Mr. J. Withins Do you believe this Mr. Wallop your self You are a man of Ingenuity I appeal to you Mr. Wallop I believe that Mr. Braddon in his Prosecution of this matter went upon the ground of this Report for he had heard the like Evidence was given in my Lord Staffords Tryal about the News of Sir Edmondbury Godfreys being killed before it was known here what was become of him and that perhaps might mislead him if he be mislead Mr. J. Withins Do you believe that this man can speak truth when he says it was Reported all about their Town for two days before it was done and yet can't name one person that spake it Mr. Fielder I keep a publick shop and don 't take notice of every one that comes in and out to remember particularly Mr. J. Withins You heard it up and down the Town you say surely you might remember some-body Mr. Wallop He might hear it and not take notice of one but it was the common same at Andover Mr. Williams Let it go as it will Your Lordship and the Jury hear what he says L. C. J. But under favour Mr. Williams it ought not to pass so easily 't is a contrivance to deceive the King's Subjects and shews a design to pick up Evidence to amuse the unwary and fill their heads with fears and jealousies of I know not what Mr. Wallop My Lord I would excuse my Client from malice as well as ever I can and therefore we produce these Witnesses to shew what grounds he had for what he did Mr. Williams We will next call some Women that live near the Tower that might give him some occasion for his concerning himself in this business Jane Lodeman and Margaret Smith This voice and rumor in the Country made him to go into the Country but it shews he was no contriver of the Report Mr. Att. Gen. I would feign know of Fielder when he told Mr. Braddon of this Mr. Braddon My Lord I desire the family of the Edwards may be called L. C. J. Name them Who are they How can we tell who your Witnesses are Mr. Braddon Cryer call them Mrs. Edwards and her Daughter Will your Lordship give me leave to make my own defence L. C. J. Ay if you will but then take notice your Council are discharged from making any defence for you Mr. Braddon May it please your Lordship and you Gentlemen of the Jury These were the inducements following that put me upon engaging in this matter Mr. Att. Gen. Call your Witnesses first and then speak Mr. Braddon Mr. Edwards and Mrs. Edwards who came into Court Mr. J. Withins Pray Mr. Braddon answer me this one Question What was the matter that incouraged you to proceed after you knew the Boy had denyed it and said it was all a lye Mr. Braddon I was bound to answer to an Information after I had been examined at the Council I had not otherwise stirred in it again L. C. I. Well what do you ask Edwards Mr. Braddon What day was the first day I saw you and had discourse with you and what was the discourse I had with you Mr. Edwards It was the seventeenth of July Mr. Braddon What did you tell me then that your Boy reported Mr. Edwards I told you what I acquainted the Court withal before that the Boy had brought home such a Report Mr. Braddon Had the Boy ever denied it before I saw you Mr. Edwards That day you came to speak with me about it as I was informed by my Wife and my Daughter the Boy did deny it Mr. Braddon Was it before I came or after I came that he denied it Mr. Edwards It was after you came Mr. Braddon What were the inducements that made him to deny it L. C. J. He tells you himself because it was false Mr. Braddon I desire the elder Sister Sarah Edwards may be called Mr. Wallop It is apparent the Boy did first affirm it L. C. J. I thought Mr. Braddon would have made his defence himself Mr. Wallop but you will be breaking in upon him with your Remarks Make your Remarks by and by this is a time for Evidence Mr. Wallop My Lord I only say this 'T is apparent the Boy did first affirm it and we shall shew how he came to deny it L. C. J. 'T is not proper for you to make Remarks when you are examining your Witnesses but when you sum up You may take what notes you will and reserve them till that time but do not break in upon the Evidence Cryer Here is Sarah Edwards now who was sworn Mr. Att. Gen. This is not the Sister this is the mother of the Boy L. C. J. Well what do you ask her Mr. Braddon What discourse had you with your Boy about Ten of the Clock that Friday morning I met you Mrs. Edwards I had no discourse but what my Child told me Mr. Braddon What did your Child tell you Mrs. Edwards I gave an accompt to my
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
Where abouts in the Tower was it Lodeman Sir it was a you go upon the Mount Mr. Wallop Whose Lodging do you think it was Lodeman I did not know whose it was but Folks said it was the Earl of Essex's L. C. J. Who did you tell this to Lodeman I told no body till I came to my Aunt and I told her L. C. J. What is her Name Lodeman Margaret Smith L. C. J. Did you ever tell this to that Man Lodeman Yes afterwards I did L. C. J. How came he to enquire of you about it Lodeman He came and asked me and I could not deny it L. C. J. Ay but how came he to ask you Lodeman There was a Gentlewoman that was at our house and she heard of it and spake of it at a Gentlewoman's at Dinner and so he came to our house to inquire about it L. C. J. Who is that Gentlewoman what is her Name Lodeman Susan Gibbons L. C. J. Let me see the Information of this Girl that Mr. Braddon had taken Cl. of Cr. Yes my Lord there it is L. C. J. Do you know my Lord of Essex's Lodgings Lodeman They said it was his L. C. J. Did you know it of your own knowledge Lodeman No Sir I did not Mr. Thompson Pray what became of the Razour that was thrown out of the Window after it was thrown out Lodeman I saw a Woman in a white Hood come out but I did not see her take it up Mr. Sol. Gen. Girl you say that when you were at this place in the Tower and saw this matter there were a great many people there besides your self Lodeman Yes Sir Mr. Sol. Gen. Did the Razour fall among the people that stood there or did it fall out in the street or how Lodeman Sir it fell within the Pales Mr. Sol. Gen. And was the Passage easy into the Pales Lodeman Yes Mr. Sol. Gen What they must climb over must they Lodeman No you need not climb over there is a door to go in And when people went in the Souldier opened the door Mr. Sol. Gen. Who went in with the Souldier Did you see any body go in Lodeman There was a Man went in but I know not who he was Mr. Sol. Gen. Did the Souldier stand at the door when this Razour was thrown out Lodeman I can't tell that a Souldier used to be at the door Mr. Sol. Gen. The Woman came out of the Lodging did she not Lodeman Yes· Mr. Sol. Gen. Did she go in again Lodeman I did not see her go in again Mr. Sol. Gen. Did she go into the Pale Lodeman I did not see her go into the Pales Mr. Sol. Gen. Did you see the Razour after it fell upon the ground Lodeman No. Mr. Sol. Gen. Was it bloody Lodeman Yes Mr. Sol. Gen. Very bloody Lodeman Yes Mr. Sol. Gen. Did you see no body take it up Lodeman No I did not Mr. Sol. Gen. Come hither Child are you sure it was a Razour or a Knife Lodeman I am sure it was a Razour Mr. Sol. Gen. Was it open or shut Lodeman It was open Mr. Sol Gen. What colour was the handle Lod. Sir I can't tell I see it but as it flew out Mr. Sol. Gen. Was it all over Bloody Lodeman No. Mr. Sol. Gen. All but a little speck Lodeman It was very Bloody L. C. J. Blessed God what an Age do we live in Girl you say you did not know it to be my Lord of Essex's Window Lodeman No but as they told me L. C J. Nor you did not see any body take up the Razour Lodeman No. L. C. J. But are you sure you did not Lodeman I am sure I did not L. C. J. But Child recollect thy self sure thou did'st see some body take it up Lodeman No I did not L. C. J. I ask thee again did'st not thou know it to be my Lord of Essex's Window Lodeman No but as they told me L. C. J. Did you hear no body speak to the Maid that came out Lode No body at all L. C. J. No Prithee is that thy Hand Child shew her the Paper the uppermost part of it Lodeman Sir I can't Write L. C. J. Who put thy Name to it Lodeman Sir I don't know no more than the Pope of Rome L. C. J. Whose Hand Writing is that Lodeman I cannot tell I never could Write in my Life Mr. Braddon Those are the Names of such as heard her say it Mr. Att. Gen. Yes you have Cooked it up bravely L. C. J. You shall see what a brave Managery you have made of this poor Child Read the Information Cl. of Cr. Reads The Eighth of August 1683. Jean Lodeman Aged about 13 Years did in the presence of these whose Names are Vnder-Written declare as follows That the said Jean Lodeman was in the Tower on Friday Morning the 13th of July last and standing almost over against the late Earl of Essex's Lodging Window she saw a Hand cast out a Razour out of my Lords Window and immediately upon that she heard shrieks and that there was a Souldier by my Lords door which cryed out to those within the House that some body should come and take up a Razour which was thrown out of the Window whereupon there came a Maid with a White Hood of the House but who took up the Razour she cannot tell L. C. J. Here 't is said the Souldier cryed out but now she says the Souldier she does not know was there and she heard no body speak to the Maid Mr. Braddon With Submission my Lord I desire to ask her this question L. C. J. Prithee ask her what thou wilt We hear what she says Mr. Braddon Did you hear the Souldier cry out or did you not Lode No I did not Mr. Braddon Did not you say you heard him cry out Mr. Sol. Gen. My Lord we cannot admit Mr. Braddon should ask such Questions they are leading Questions Ask her a general Question and you shall have an Answer but you shall not give her words to Swear to L. C. J. No Upon my word you have given her too many words to Swear to already Mr. Braddon My Lord I only writ what she declared Mr. Sol. Gen. Were you carried by Mr. Braddon before any Magistrate or any Justice of Peace Lodeman No. Mr. Sol. Gen. Did he take the Examination himself Lodeman Yes Mr. Att. G. Did not he desire you to go before a Justice of Peace to be Sworn Lodeman No Sir Mr. Sol. Gen. Did he Write it himself Mr. Att. Gen. Ay he Writ it and took it and this Woman that is coming here is a Witness to it L. C. J. What is this Womans Name Mr. Braddon This is the Aunt Margaret Smith Who was Sworn L. C. J. Well what say you to her Mr. Braddon I desire to know what this Girl said to you when she returned from the Tower the 13 th of July Mrs. Smith She said to that effect that she speaks now
the Earl of Essex's murdering himself Mr. Att. Gen. Had the Master of the house told you any such thing Mr. Burgis No he had not told me so but I heard it in the house L. C. Just. Of whom did you hear it who told you so Mr. Burgis Sir I was a stranger there L. C. Just. They can never tell any of them who it was first reported it nor particularly who told it them but it was reported by some body we don't know who Mr. Beech Under favour my Lord I rode directly to the Post-Master at Froome whither this Letter was directed and by the way there is a Remark in the Letter of an alteration of the Figure 't is interlined the 13 th it was not so before to hit the day exactly of the murder of the Earl of Essex and when I came thither the Post Master told me There was no such Report in his house nor in the whole Town at that time L. C. J. I desire to know upon your Oath who told you that Report Mr. Beech Sir I do not know I was a stranger there L. C. J. Was it a man or a woman Mr. Burgis He did not tell his discourse to me L. C. J. But thou could'st guess by the Habit whether it was a man or woman Mr. Burgis It was a man L. C. J. Who did he tell it to Mr. Burgis The Company in the house Mr. Att. Gen. Pray let him tell how Mr. Braddon came to speak to him about it L. C. J. Shew him that Letter Look upon it friend is that your hand Mr. Burgis Yes it is L. C. J. When did you put that figure of 13. in There was another figure before and that is blotted out Mr. Burgis It was a mistake in me I mistook the day and I corrected it L. C. J. When did you correct it How soon did you correct it Mr. Burgis Presently L. C. J. VVhat day had you put in first Mr. Burgis The 6 th day L. C. J. Ay but that was not the right day man Mr. Burgis It was a great while after and I did not expect to be brought in question for any such thing L. C. J. How long after Mr. Burgis Six weeks L. C J. How camest thou to recollect to make it from the 6 th to the 13 th Six weeks after Mr. Burgis Mr. Braddon was there when I had writ it L. C. J. And he corrected it did he Mr. Burgis He said That that was not the day of my Lord's Death L. C. J. You had written it the 6 th and he put you in mind of the 13 th Mr. Burgis Yes Mr. Att. Gen. And he was to be the messenger that carried the Letter himself Mr. Burgis Yes he was Mr. Sol. Gen. That is very well I suppose Gent. you hear what he says He says Mr. Braddon was there and told him that was not the day L. C. J. Ay Mr. Braddon said You have mistaken the time that will not do it it must be the 13 th Mr. Att. Gen. Pray let me know one thing Who recommended Braddon to you Mr. Burgis Indeed I can't tell L C. J. Who did he say he came to you from Tell the truth upon your Oath Mr. Burgis Sir I was at work at my business and knew nothing of his coming L C. J. What Trade art thou Mr. Burgis A Pinmaker L. C J. Where do you live Mr. Burgis At Marlbrough L. C. J. How came Mr. Braddon and you acquainted Mr. Burgis Sir I will tell you I was at work at my Trade and there came down a Gent. that lives in our Town to me and asked me L. C. J. What is that Gentleman's name Mr. Burgis Mr. Butcher L. C. J. What is that Butcher Mr. Burgis A Gentleman that lives in Marlbrough a Grazier by Trade He came and told me There was a Gentleman come from London about the business now in dispute L. C. J. Prethee what was spoke of Mr. Burgis It was concerning the Earl of Essex's Death And he desired me to speak what I heard at such a time L. C. J. Who had you told what you heard first to You must have told it to some Body who did you tell it to first Mr. Burgis Indeed I can't directly say who I did tell it to L. C. J. Had you told that Gentleman of your Town Butcher as you call him Mr. Burgis No not that I know of L. C. J. Well when he came to you what then Mr. Burgis He desired me to go to Mr. Braddon to the White Hart. And so I went up to the White Hart and when I came to Mr. Braddon I told him what I had heard at Forme L. C. J. And what then Mr. Burgis Then Mr. Braddon asked me the same Night Whether I would go down along with him to Frome and I could not so then he desired me to write a Letter to recommend him to the house where I had heard it Mr. Sol. Gen. And you did write that Letter Mr. Burgis Yes I did so Mr. Att. Gen. Your Lordship observes this House was the Post-house to be sure to have it spread in publick places Mr. Sol. Gen. Did you tell Butcher of your knowledg before he carried you to Braddon Mr. Burgis Yes Sir I did Mr. Sol. Gen. VVhen Mr. Burgis Then at that time Mr. Sol. Gen. Did he ask you of your Knowledg or did you tell him voluntarily Mr. Burgis He asked me if I remembred any such thing as I had spoken Mr. Sol. Gen. Why had you spoke of it before Mr. Burgis Yes I had Mr. Sol. Gen. Did he tell you upon whose recommendation he came to you Mr. Burgis I do not know upon whose recommendation he came L. C. J. When you writ this Letter did he dictate it to you or did you write it of your self Mr. Burgis I writ it of my self L. C. J. Did he tell you what you should write Mr. Burgis I shewed him what I had written L. C. J. And when you writ it of your self you put in the 6 th day Mr. Burgis Yes I did so L. C. J. What did he say then Mr. Burgis Mr. Braddon said it was the 13 th day Mr. Sol. Gen. Why did you shew Braddon your Letter after you had written it Mr. Burgis He came to my house before I had sealed it L. C. J. But why did you shew him the Letter Mr. Burgis He desired a Letter to recommend him to that man at whose house I heard it Mr. Sol. Gen. What was he to be recommended to him for Mr. Burgis It was to desire him to enquire who brought the News first to Town Mr. Sol. Gen. You say He desired a Letter of Recommendation Mr. Burgis Yes it was to recommend him to that man Mr. Sol. Gen. That you may not be in a mistake pray recollect your self for there is not one word of Recommendation in the Letter Tell the
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
me somewhat of the matter And after this one night as I was going to Bed between 10 and 11 a Clock at night some Body knocked hard at my Door My man went to the door and opened the door and Mr. Braddon comes in and tells me he desired the favour of me that I would lend him my man and lend him my Saddle He being my Acquaintance and I knowing him I was willing to do him that kindness and asking him whither he went He told me he was going down to Marlbrough and he told me he had heard that my Lord of Essex's Death was discoursed of there in the Country that day it was done besides other things of a Boy and of a Girl that could prove such and such things Said I this is a thing of great concernment and I would have you take good advice in it before you proceed because otherwise it may be a Reflection upon the Government therefore said I I would not have you proceed to concern your self further in this thing but take the Advice and Judgment of some prudent and discreet Person or other that you may do nothing but what is according to Law I was never at all concerned nor knew any thing of the business but what I heard from Mr. Braddon at first And before he came into my Chamber I knew nothing of his coming and I writ this Letter because he should not concern himself without the Advice of some Person that I thought was able to Advise him that he might do nothing that might bring him within the danger of the Law or reflect upon the Government Mr. J. Holloway And you advised him to go by the name of Johnson not Braddon Mr. Speke It was late at Night and I had been at the Tavern drinking a Bottle of Wine or two with a Friend and might not so well consider what I did write L. C. J. But Mr. Speke You hear what you writ We row against stream and we thank you for the Countenance you have given to us And here is a worthy Gentleman Mr. Braddon who is a very proper man for the design he has in hand and none better than he and when you are with him you may discourse freely and he is true a man and a stout man and fit to be trusted but he must not go by the name of Braddon but of Johnson Mr. Speke My Lord the Reason was because he was not personally know to Sir Robert Atkins and for him to go down directly and to have it reported one of such a name came to Sir Robert Atkins who was a man that had retired himself into the Country from all publick concern I thought not so well L. C. J. Why did you trouble him if he was so retired Mr. Speke I had particular Concerns of my own that Sir Robert Atkins was pleased to concern himself for me and I knew him a prudent man that would advise him nothing but according to Law L. C. J. You should not have disturbed him in his privicies Mr. Speke Mr. Speke My Lord I never was any other way concerned I knew nothing of the matter L. C. J. You had done well if you had not concerned your self about it at all Mr. Sol. Gen. Most here do fear you say that he will be either Stabbed or Knocked on the head and therefore you lent him your man to guard him I suppose Mr. Speke He desired me to lend him my man because he did not know the way so well himself Mr. Sol. Gen. But why was there such fear about him Mr. Speke I know nothing at all of the matter but what I had from Mr. Braddon L. C. J. Ay we live in such a stabbing Age that such an extraordinary Genteleman as Mr. Braddon that is such an extraordinary good Protestant can't walk the streets for fear of being murdered Mr. Speke My Lord I writ it at such a time of the Night after I had been at the Tavern that I knew not well what I writ Mr. J. Withins Mr. Speke You see what a sort of man he is upon the Evidence that hath been given Mr. Speke Truly my Lord I never knew any thing but what I had from him Mr. Sol. Gen. But to make the Country believe that there were such endeavours here to stifle any thing that might give light into the Murder of the Earl of Essex there must be great caution used to conceal his Name L. Ch. Just Yes being such a Vertuous Man as Mr. Bradden there was great need of all circumspection and care to preserve him Why did not he get his Life-Guard to keep him from the danger that was thought so near him Mr. Sol. Gen. They had not raised them as yet but he was contented at present with Mr. Speke's Man Mr. Speke My Lord I am wholly innocent in all this matter L. Ch. Just Would to God you were Innocent You are a Man of Quality Mr. Speke I know I should be glad you were Innocent with all my heart But when Men forget their Studies and their own Business and take upon them the Politicks without being called to it That puts them into Frenzies and then they take all opportunities of shewing themselves men of Zeal Mr. Att. Gen. We need but read the Letter which Mr. Speke has owned and you will say it is ten times worse than what Mr. Bradden has done L. Ch. Just Nay I will not have Mr. Bradden topped upon for all that I assure you Mr. Att. Gen. My Lord if you read it once again you will find that he therein owns it all and pins the Basket upon himself L. Ch. Just Indeed Mr. Attorney I will not have such a Reflection put upon Mr. Bradden That any man should be a greater Actor in the business than he Mr. Speke My Lord I writ it at night after a Bottle of Wine and other people may be mistaken as well as I. L. Ch. Just If some of these Gentlemen that now and then think themselves better headed than others and that are so extraordinarily concerned to preserve our Religion but are generally much mistaken were and I observe their mistakes are always on the wrong side I wish you could have gon and recollected your self next Morning Mr. Speke and then the mistake had been more pardonable Mr. Speke I writ nothing as to matter of Fact but what he told me and I could hardly recollect it next Morning when he was gone away Mr. Record My Lord We shall prove he has bragged that is Mr. Bradden That he was the only inventer of the Protestant Flailes an Instrument you have heard of Gentlemen and for what use designed L. Ch. Just But Brother Jenner that is nothing to the purpose now what he was before this business or what he was after You are Gentlemen to Try him upon this Indictment only and are not to mind any other thing at all Then Mr. Speke's Letter was read again Mr. Att. Gen. You see
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
if he had done no more but given him this advice it had been worthy of commendation but when the Boy had refused to sign it for him to go and make such a stir without examining further into the particulars but only taking a slight report from such a Child and to make such a disturbance in the Nation and such a Noise not only here but abroad as this has done sure argues neither uprightness nor Conscience Had the Boy stood in it and persevered in it it had become him in regad of the tenderness of the boys age to have been more inquisitive into Circumstances before he gave such credit to what he said as to make all this adoe But what says the Boy when he comes here he is now upon his Oath and he tells you He did tell his Mother so at first and he did tell Mr. Braddon so at first but afterwards when his Sister spake to him and bid him be sure to tell nothing but what was truth then he said truly it was not truth He tells you Mr. Braddon offered him the Paper to sign but he would not sign it and being asked the Question Why he would not sign it He says because it was not true and being asked Whether Braddon had notice of this the Mother and Sisters all tell you He had notice the Boy had denyed it How came Mr. Braddon what Authority had he to take this Examination He is no Justice of Peace no Magistrate that had any authority to take Examinations What concern had he in it more than other people The Boy could tell him there were abundance of people there besides himself though it was a Lye he told then and that the Girl told now Why did not he stay to have it confirmed by some of those people Why did not he carry these Children before some Magistrate or Justice of Peace some body that had authority to take Examinations There was a Spirit that prevailed with Mr. Braddon to engage and make a stir in this business and you may easily guess what a kind of Spirit it was which gave him this authority that he had not before Gentlemen Another thing is this 'T is plain and the Boy now swears it directly That whereas he put it into his Information How that he told him he was going to see my Lord Brandon Gerrard's Lodgings but now he is upon his Oath he swears directly he never told him any such thing and yet he hath put it into the Paper he made him sign He tells you a second time Mr. Braddon came to him which was after the Boy had refused and declared himself unwilling and that then he was perswaded by Mr. Braddon who told him there was no harm in it if there be any harm it would be to him and not to the Boy and so by vertue of that he insinuated himself and got the Child to sign that Paper which is every Tittle of it false as the Boy now swears directly And he tells you How he was imposed upon by Mr. Braddon pretending there was no harm to him all the harm would come to himself and by reason of these Insinuations he was prevailed upon to put his Name to that which was notoriously false The next Witness to make it appear that it was notoriously false not only by the Boy himself but by other Circumstances is Hawkins the Ministers Son Dr. Hawkin's Son of the Tower And he tells you I play'd Truant as well as he that day and I saw the King and the Duke at the Tower and when I had seen them I went about as they did and afterwards I went home and there came a Report that my Lord of Essex had cut his Throat which made me go back again to the Tower and there was I a considerable time gaping among other people and there did I see this Boy Edwards when he came there I was there I was there all the time that he was there and we went out of the Tower together and there was no such thing nor any pretence or ground for such a story And Edwards himself being asked the Question upon his Oath doth likewise say Hawkins was with him all the time there So that that shews not only by what the Boy says that it was false but it is also proved false by the Testimony of this other Witness Hawkins Then next comes Mr. Blathwait who was present when Mr. Braddon was before the King and what does he say He says there was the Boy fetched and the Girl fetched and all persons examined there and then 't is told him all the Boy had said to him was false and it was told him with all its Circumstances So that notice sufficient if you will believe Mr. Blathwait was given to this Mr. Braddon That the Boy had denyed it then as he had before to his Sister So he knew it was false But what does Mr. Bradden do now He is so far from being satisfied in the Matter that instead of stopping there his Zeal transported him to pursue it further And so he tells you that Mr. Braddon confessed he would have got some Justice of Peace to have the Boy examined and he applyed himself to Sir Robert Clayton and Sir John Lawrence There were many Justices of the Peace besides them in London to whom he might have applyed himself But when he comes to Sir Robert Clayton and acquaints him with the matter he would not do it alone it was thought a Matter of that Importance Then says Mr. Bradden you shan't do it at all He must have the kindness of having it done in private to have it examined when any body was by was not so well for his purpose which shews you still Gentlemen his design was to contrive privately to effect that which the light should not easily discover Then the next thing is the Evidence of Mr. Monstevens And he gives you an account That he came to him and he read the Information and gave him a Caution that he wondered at him says he Why do you concern your self about this business there is Sir Henry Capell he does not concern himself Then he pretended to come in his Name but at length when Mr. Monstevens began to dispute it with him why Sir Henry did not appear himself in it Then truly Sir Henry Capell was very ill and could not possibly come himself but I am to go to him and give him satisfaction about what I do and so also to the Countess of Essex No says Mr. Monstevens that cannot be for Sir Henry Capell is not so ill but that he has been with my Lord Sunderland and with the King too since the death of my Lord of Essex To which he made him no Answer So that that was but an excuse and a Subterfuge but yet notwithstanding all this Caution he continues on his Zeal in the thing whereupon Mr. Monstevens brought him to my Lord Sunderland and what discourse has past between them
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
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
has gone so far that at Winchester when I was there in the Circuit I was told that his Doctrine had obtained so much in that Country especially about that place whence some of his Witnesses came I mean Andover that there was a Woman that was here the other day Mrs. Drake being at Conventicle held forth that my Lord of Essex was murdered while the King was in the Tower and that God was the Avenger of Murder and had found out a proper Person for the Prosecution of it that was Mr. Bradden and this snivelling Cant prevailed at the Conventicle It is no such smirking matter as you make it Mr. Bradden I assure you Mr. Bradden My Lord if I did know my Self to be under any Guilt I would very readily and humbly acknowledge it L. Ch. Just Well I see a great many of the Party about you I can spy them out though they think they are not seen but they shall know we will not suffer such Monsters as these to go without due Punishment Mr. Just Wythins He stands upon it he is innocent still notwithstanding all that was proved and the Juries Verdict L. Ch. Just Yes alack a day he wipes his Mouth and has not so much as eaten I 'le warrant you Mr. Just Wythins I expected you would have been sorry Mr. Bradden for what you had done and expressed some Penitence but it seems you are very innocent Mr. Bradden I did not directly nor indirectly offer any thing to induce the Children to give their Testimony nor was any such thing proved I know my own Innocency Mr. Att. Gen. The Jury have found it otherwise L. Ch. Just And that upon a fair a full and a convincing Evidence and no man in the World can make any doubt of the truth of that Verdict but he that had a share in your Guilt or in that that it had a tendency towards I mean that Horrid Conspiracy And I assure you Mr. Bradden you tread upon the very heels of it smirk at it and be as merry about it as you will Mr. Bradden If I did not know my own Innocency then I had reason to be troubled L. Ch. Just Your own Innocency If you did not know your own Impudence you mean 't is that only that makes you Smirk and Smile at such things as these Mr. Just Wythins Mr. Bradden when you were advised by Sir Henry Capel to take a prudent and a good course to go and leave it with a Secretary of State you would not take that Advice but you would go your own way and you would turn Examiner and Prosecutor your self when he that was the Earls Brother and was sure more concerned than you thought it fitter to go that way L. Ch. Just We remember what Sir Samuel Bernardiston in his Letter speaks of this matter Mr. Bradden he was got off why they dare not meddle with Mr. Bradden he is such a dreadful man and his Party are so considerable that we dare not meddle with them and the TORIES are all cast down alack a day because these Fellows can't cast down the Government therefore all honest men must be cast down and not dare to meddle with them but they shall see we are not so much cast down but we are able to reach the highest of them What Condition is this man in I speak in point of Estate for his other Conditions we know what they are his Tryal will satisfie any man of that Mr. Att. Gen. He is the Eldest Son of a Father that has a good Estate Mr. Williams He is then but Heir Apparent Mr. Bradden No I am a younger Brother Mr. Williams It seems he is but the Second Son and a young Gentleman Mr. Bradden My Father has an Elder Son alive L. Ch. Just I remember particularly 't is said in one of the Letters That he was a Man of 7 or 800 l. a year Cl. of Cr. That was in Mr. Speke's Letter He says his Father had so much Mr. Bradden That is in Mr. Speke's Letter but that is not true L. Ch. Just I don't know truly that may be as false as any thing else you went about to have these Children Swear but I 'le undertake it if thou hadst told the little Girl that he had 800 l. a year she would have been as ready to have Sworn it as the other Mr. Just Wythins 'T is a wonderful thing Mr. Bradden you could bring no body to come and testify these things but those two little Children L. Ch. Just But oh what a Happiness it was for this sort of People that they had got Mr. Bradden an honest man and a man of Courage says Mr. Speke a man a propo and pray says he to his Friend give him the best advice you can for he is a man very fit for the purpose and pray secure him under a sham Name for I 'le undertake there are such Designs upon pious Mr. Bradden such Contrivances to do him a mischief that if he had not had his Protestant Flayl about him some body or other would have knocked him in the head and he is such a wonderful man that all the King's Courts of Justice must needs Conspire to do Mr. Bradden a mischief a pretty sort of a man upon my word and he must be used accordingly men that arrogate and assume to themselves a Liberty to do such kind of things must expect to fair accordingly Mr. Just Wythins Mr. Speke is not found Guilty of the Subornation Mr. Att. Gen. He is found Guilty of all but the Subornation he is found Guilty of Conspiring to spread the Report The Subornation will require another sort of Punishment L. Ch. Just Ay but there is a difference between them The Crime was very great in Mr. Speke tho' not so great as in Mr. Bradden and I am sorry that Mr Speke should be concerned in it and should take such care about such a business with all that Piety and Zeal for Religion he expresses in his Letter to Sir Robert Atkyns Mr. Justice Atkyns that was that he should recommend him to have a wonderful care of him and then thank him for his kindness shewed to Our Party So he makes himself to be of the Party and makes this the business of the Party and so makes himself to be a sharer in the business for 't is We thank you for your kindness to Vs and the Tide is strong against Vs and We hope we shall be able to bring the business of my Lord of Essex upon the Stage before they do any of those in the Tower So Mr. Speke makes himself a Party in the business And I am mighty sorry that when he comes to be asked the Question How he came to Write this Letter he should tell us He had been at the Tavern and did not know what he Writ but does not say he recollected afterwards It seems he used to be often at the Tavern and had been there when he writ this