and repeated Orders given by the then King that I should be kept close perhaps that I might not hear the Boy or his Sister examined the Boy was then called in and at first as I was afterwards informed did not deny the truth of his Information but being not then past Thirteen and frighted by being before so great Authority he wept upon which his then Majesty stroked him upon the Head and said did you not invent this to excuse your truenting To which the Boy trembling answered yes this the Boy declared at home after his Examination Then the Sister was called who declared how the Boy upon his first coming from the Tower had inform'd her as before set forth and tho after threatned to be whipt never retracted till the Tuesday when I having been there his Sister had frighted him into a denial which as soon as I came the second time he retracted and stood to his first Information saying his Sister had frighted him and told him he should be hanged and his Father would be undone the fear of which made him deny it She further declared that she did verily believe they never knew or heard of me till the Tuesday after my Lord's death and that I never did give or offer her Brother one Farthing but still enjoined him to speak nothing but the truth this the Sister did after declare was the substance of her Examination After the Sister's Examination was over I was the second time called for and told by my Lord Keeper that I would have suborned the Boy to which I answered that I was well satisfied of my Innocency in and abhorrence of all such Practices which in this case appeared impossible seeing the Relation of the Boy was several days before I ever saw or heard of the Boy nevertheless I was ready to give what Bail his Lordship should be pleas'd to command upon which I was ordered to give Bonds with Two Securities in Two thousand Pound apiece this I did that very afternoon but the omission of the Under-Secretary in the form of these Bonds was very advantageous to me and my Security for whereas the Condition of all Council-bonds were to conclude and in the mean time to be of the good behaviour this Clause in mine was left out by which my Friends were saved from that which otherwise would as you will afterwards find have ruined them Standing thus under Two thousand pound to answer to an Information of Subornation I thought I was in Self-justice bound to make what further inquiry I could to strengthen the Boy 's Evidence To which my Lord Keeper without the least colour suggested I did endeavour to suborn the Boy to swear In this Inquiry I was dayly hurried up and down and found most People afraid to discover what they herein knew and which was more few of my Acquantance could I prevail with to go with me upon these Inquiries for my Misfortunes with the danger that from the corruption of the then Times naturally threatned men deterred all from engaging any ways herein But at length I met with a Gentleman Mr. Cragg who readily went with me upon all occasions In a constant search after many particulars which would be too tedious here to repeat I was likewise informed of a Girl that had also seen the bloody Razor as before thrown out of my Lord's Chamber-window upon which I went to St. Katherine's where the Girl lived and several Persons being present I took in writing what she could say herein and what her Aunt and Mr. Glasebrook to whom she related it as she came from the Tower could testify which Relation was as followeth August the 8th 1683. The Information of Jane Loademan aged about 13 years who did in the presence of these whose names are here under-written declare as followeth THat the said Jane Loademan 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 immediatly upon that she heard shreeks and that there was a Soldier by my Lord's door which cried out to those within the House that some body 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 cannot tell John Broom and William Smith August the 8th 1683. Mr. William Glasebrooke doth declare THat one Jane Loadman Aged about 13 years inhabiting in the same House where he the said William Glasebrook lodged did on Friday the 13th of July last past between the hours of Ten and Eleven in the Morning in the presence and hearing of him the said William Glasebrook 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 Glasebrook is not certain Of this he the said Glasebrook is ready to make Oath William Glasebrok Loadman's Aunt Margaret Smith About this time I was informed That the Report of the Earl of Essex's Death was at Tunbridge about Nine of the Clock that very Morning he died whenas my Lord's Death was not known in the Tower till about Nine whereupon I rid to Tunbridge but I found the person very shy and unwilling to appear in the matter I had no sooner returned to London but I was told the same Report was at Marleborough in Wiltshire about 70 Miles from London the very morning of the Earl's death whereupon I rid to Marleborough resolving to trace the Report as near as I could to the Author When I came to Marlborough I met with one Jeremiah Burgis whom before this I never to my remembrance saw or heard of who declared That the very Morning my Lord died he was at Froome in Somersetshire about 30 miles distant from Marlborough and an hundred miles from London and being there at the Dolphin he was informed that the Earl of Essex had cut his Throat in the Tower I did desire Burgis to write me a Letter to the Master of the House at Froome to inform me if he could remember who it was that reported this at his House I did at Marlborough likewise speak with one Lewis who did also inform me That about Two of the Clock the day the Earl died as he was riding up Husbands-Hill not far from Andover he overtook a Gentleman riding a very easie Traveller's pace and as they were discoursing of the News in the Countrey the Gentleman said He had heard a report of the Earl of Essex that he had cut his Throat in the Tower But the Gentleman was altogether a Stranger to him and therefore he could
gave as soon as she came from the Tower that morning Mrs. Gibbons hath before the Lords in substance deposed the same Here are two Children aged then about Thirteen years altogether strangers to each other and whose Relations were as much strangers to one another that gave the same Relation exactly agreeing in several Circumstances and this Story by them was told when there could not possibly be any use made of it to prove my Lord's being murthered For here are Seven or Eight Witnesses have for both Parties deposed that this Story was related by these two about Ten of the Clock the very day my Lord died when it could not possibly be known what would be sworn before the Coroner's Jury the then next day Now the only use made of it is to contradict the Depositions of those which before the Coroner would have proved the Self-murther Which Depositions as before observed were not taken till the Saturday which was the day after these two Children had given this Relation and not published before the then next Monday morning Nay these two Children were first so far from using it as an argument of my Lord 's being murthered that both of them to their respective Relations when checked for saying that my Lord cut his own Throat in their Childishness and innocent Simplicity urged this as an Argument of my Lord's Self-murther For they declared they were sure 't was true for they saw him throw the Razor out of the Window But these two Children were not the only Persons that saw this Razor thrown out for several others that very morning my Lord died declared That the bloody Razor was thrown out of my Lord's Chamber-window before my Lord's Death was known and that a little Boy did endeavour to take up this Razor but was prevented by the Maid who took it up and ran with it into the House and up Stairs immediately whereupon my Lord's Death was discover'd This Relation Robert Meake before mentioned did give the very day of my Lord s Death to Bampton and his Wife as they have deposed before the Lords The same Account did the aforesaid Ruddle give before Twelve of the Clock the day my Lord died to Hughs and Gladwin as they have testified before the Lords This Relation of these Two you find agrees exactly with what William Edwards declared And that the throwing out this bloody Razor was commonly reported in the Tower just after my Lord's Death was known appears by the Testimony of several Persons for John Salbury hath deposed That being sent as one of my Lord Russel's Guard to the Old-Bayly a they were returning to the Tower that morning one met them in great haste and declared he just then came from the Tower and that the Earl of Essex had cut his Throat in the Tower and thrown the Razor out of the Window upon which one reply'd to this effect That my Lord had a good Resolution first to cut his Throat and after to throw the Razor out of the Window He farther testifieth That when he came into the Tower he heard it declared by several that the bloody Razor was thrown out of my Lord's Chamber-window before his Death was known Grimes and Bostick both likewise in the Tower that very morning have deposed That the throwing out of this bloody Razor was talked of by several then in the Tower upon the first discovery of my Lord's Death some then and there declaring That they saw this bloody Razor so thrown out But if these many Testimonies will not satisfy I shall next give you the Confession of him who declared he threw it out and of the Sentinel who stood by my Lord's Lodging-door and confessed he saw it thrown out Mr. Samuel Story did farther depose That the very day Major Webster was taken up to wit the 21st of January 1688. as suspected to be concern'd in my Lord's Murther The said Webster being then charged as concern'd in my Lord's Murther declared He did nothing but throw the Razor out of my Lord's Chamber-window Being asked what made him throw the Razor out he said he was under such a consternation that he knew not what he did Upon this Confession of Major Webster Lloyd confirm'd the same saying That it was indeed true that the bloody Razor was thrown out for it was thrown out just over his head and a little Boy did endeavour to take it up but the Maid came out of the House and took it up and run immediately in with it and then discover'd my Lord's Death That this Maid did carry up the Razor and then discover my Lord's Death farther appears by the Testimony of John Nuthill who deposeth That just before my Lord's Death was known he was leaning over the Pales before Major Hawley's House and asked my Lord's Sentinel how his Lordship did To which the said Sentinel answered Very well And this Deponent did then observe a Maid run into the House in great hast and up Stairs when a Warder and another were coming down my Lord's Stairs but declared nothing of my Lord's Death as this Deponent could hear who stood about six foot from them but she immediately came down and cried my Lord had cut his Throat And this Informant did observe the said Maid to have a Razor in her hand either as she ran up stairs or as she came running down The several large Notches in the Razor as you may observe in the Cut are Self-evidences of its fall from some height upon an hard Body for these Notches could not be made by my Lord against his Neck-bone as a Surgeon foolishy or Knavishly suggested to the Coroner's Jury To sum up all in a word with relation to this Particular Major Webster one of the supposed Ruffians a Mr. Story confessed he threw the bloody Razor out of my Lord's Window Lloyd the Sentinel likewise b Mr. Story own'd that he saw it thrown out Edwards and Loadman have deposed That they did see the bloody Razor thrown out of my Lord's Chamber-window c Mr. Tho. Edwards Sarah Edwards Eliz. Edwards and Ann Edwards four have deposed That Edwards declared just as he came from the Tower that morning he saw it thrown out d Mrs. Smith Mr. Glasebrooke Mrs. Gibbons Three have sworn that Loadman gave this Relation as soon as she returned from the Tower that very morning and these Children and their Relations far distant from and altogether strangers to each other e Bampton and his Wife as to Meake Hughs and Gladwin as to Ruddle two Soldiers in every part of their Relation the very day of my Lord's Death did at two Places far distant from each other declare this matter and f Grimes Salisbury and Bostock three more have deposed That the throwing out of the Razor was generally discourst in the Tower just upon the first discovery of my Lord's Death This I do humbly conceive to be sufficient to convince any but Prejudice it self that the
B. the Bed R where the razor was pretended to be found cl w. the Closset window st the Close Stole E. the bloody foot on my Lords Stockin c. the only Chink of the Closset door ch the Chimney c w. the Chamber window out of which the razor was thrown C D the Chamber door E the Earl of Essex as he was first found by those yt. saw the body before it was pretended to be moued Murder Murder Murder Throw him down Pul him to the Closset Stope his mouth Higher than the highest regardeth Eccl. 5 8 He that formd the Eye Shall he not see Psl 94 9 He that planted the Ear Shall he not heare Psl 94 9 blood cryeth unto me from the ground â— fugitive vagabond shalt thou be Gen the 4. 10. 12. The razor notch'd brook B. 5. foot-6-inch 7 foot-1-inch ESSEX's INNOCENCY and HONOUR VINDICATED OR Murther Subornation Perjury and Oppression JUSTLY CHARG'D ON THE MURTHERERS OF That Noble Lord and True Patriot ARTHUR LATE Earl of Essex As Proved before the Right Honourable late Committee of LORDS or ready to be Deposed In a LETTER to a Friend Blood crieth unto me from the ground Gen. 4.10 A Fugitive and Vagabond shalt thou be in the Earth 4 11. How long O Lord Holy and True dost thou not avenge our Blood on them that dwell on the Earth Rev. 6.10 Written by LAWRENCE BRADDON of the Middle-Temple Gent. who was upwards of five years Prosecuted or Imprisoned for endeavouring to discover this Murther the third day after the same was Committed London Printed for the Author and Sold by most Booksellers 1690 AN APOLOGY For the Letter to a Friend To the Right Honourable WILLIAM Earl of Devonshire Lord Steward of Their Majesties Houshold c. WILLIAM Earl of Bedford c. CHARLES Earl of Monmouth c. HENRY Earl of Warrington c. The Lords of the late Close Committee appointed to Examine into the Death of the Right Honourable Arthur late Earl of Essex MY LORDS WHEN immediately after the Death of the Right Honourable Arthur late Earl of Essex I did first make enquiry with relation thereunto upon such a Page 5. Information as I have already given your Lordships there was nothing that might be expected from a Powerful and Revengeful Party against which I then moved but what I did believe they would endeavour to inflict upon me for this I had the greater reason having then been often credibly told That SOME whose Interest was most concerned to prevent this Discovery had several times declared I should be both Pillory'd and WHIPT But this or whatever else was within their power to impose I was resolved should not deter me from searching after such Circumstances as might rationally convince persons unprejudic'd THAT HIS LORDSHIP FELL not through Self-violence but BY THE TRANSCENDENT AUTHORITY and INTEREST OF SOME AND THE TREACHERY and BLOODY CRUELTY OF OTHERS because that Great Patriot with your Lordships and such others b 22. D. S. stood as Bulwarks against those Popish and Arbitrary Designs which were then judicially seen through a Glass but since to our great Cost and greater Danger face to face and carried on for the Total Subversion of our Church and State Wherefore I had great reason to believe admitting his Lordship was murdered That SUCH who were therein concerned if they found there was no inquisition made after this Blood but that all did seem to believe ONLY by the Evidence of those c Page 23. in whose Custody his Lordship was that this Noble Lord indeed cut his own Throat to avoid what his great Misfortunes seemed to threaten That then the natural Consequence thereof would be this viz. Whomsoever those POWERFUL and BLOODY MEN found to d Page 23. stand in their way whom they then had or should take into Custody they would place over them SUCH as they had prepared to COMMIT or PERMIT what was treacherously designed to be acted and then by Strangling Stabbing Pistolling or CUTTING OF THROATS either of which is a common way of Self-destruction they would take such off pretending as in this Case they did it was done by the persons themselves to prevent an infamous Execution and avoid those FORFEITURES of HONOUR and ESTATE which the Law would otherwise have made by their Conviction and Punishment My Lords The Prevention as much as in me lay of such vile Practices was not the least Inducement that first mov'd me to this Inquiry and whatever Opposition I then met with either under Colour of Justice or Malicious Detractions I was not at all surprised with and therefore the better prepared to suffer it and seeing I could then expect no Relief or just Satisfaction from those who were chief in imposing the Injuries I suffer'd I thought that a time for me in this respect to keep Silence But since God by our present Sovereign hath mercifully removed such Oppressions I think now is the time to speak and not suffer to go unanswered such Malicious and Infamous Calumnies representing me the very worst of Suborners and deserving far Worse usage than ever Dr. Oates underwent and this said not by a few but many Wherefore out of a just Self-regard which every Man owes to himself I thought I was in Duty bound to endeavour some way or other to clear my self to the World from being that profligate Villain I have been as industriously as maliciously Misrepresented And because I would that the Plaister should be as large as the Wound I have in this following Epistle attempted to undeceive the unprejudiced part of Mankind but as for some Miracles will not convince them and others there are who KNOWING much more than I can inform them will never confess themselves Converts to Truth My Lords Would such Men as maliciously Misrepresent me Proceed against me by way of Judicial Information I should take it very kindly for then I should have an Opportunity now Justice is duly Administred and Favour in this I desire none to clear my Innocence And there having been about SEVENTY Persons in all Sworn or Examin'd before Your Lordships and some Justices of the Peace and some hundreds discoursed to find these Witnesses out if I had been such an infamous Suborner as represented In this Cloud of Witnesses they have a fair Opportunity to find some for Suborning of whom they may Proceed against me But being well satisfi'd in my Abhorrence of and Innocence in all such detestable Practices and that I have ever been so far from desiring People to say more than they could safely depose That I did always beseech and enjoyn them much rather not to Swear any thing than the least Tittle more than was true assuring them That whosoever in this Case testifie more than is truth and thereupon any should suffer by such Perjury they would commit the worst of Murthers for which one day tho here not detected they must give a severe Account My Lords In all I did heretofore
danget of a Lye and after I had solemnly enjoyned him to tell me the very Truth The Boy then declared to me as he did at first to his Father and Sisters and told me That his Sisters Threats had frightned him into a Denial Upon this I took in Writing the Substance of what the Boy declared and the next day drew it into a formal Information which followeth The Information of William Edwards Second Son to Thomas Edwards of the Parish of Alballows Barkin London taken the 18th day of July in the Thirty Fifth Year of the Reign of our Sovereign Lord King Charles the Second Anno 1683. SAys That this Informant on Friday the 13th of this Instant July as be 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 thâ—â— Informant left his Brother and wâ—â—◠〈◊〉 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 Brandon 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 She carried into the said Captain Hawley's Hâ—use And this Informant believes that it was the said Maid whom he first heard cry out Murder And this Informant further saith That he heard the same Maid say to some which were about the Doer after the Murder was cried That She did hear the said Lord of Essex to Groan three times that Morning The Information of Mrs. Edwards Wife to Thomas Edwards SAith That about Ten of the Clock in the Morning on Friday the 13th of this Instant July This Informants youngest Son William Edwards aged about Thirteen 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 Nine 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 Capt. 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 Captian 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 what the said William Edwards hath Sworn in his 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 This the Boy declared he was ready to attest but finding several Justices of the Peace very shy I thought it proper to carry these Informations to the Secretary of State and know his pleasure therein accordingly Thursday the 18th of July about Four of the Clock I delivered these Informations of the Boy and his Mother to whom the Boy had discover'd it as soon as he came from the Tower My Lord Sunderland seemed much surprised and after some pause told me That I should bring the Persons who were not then with me the next Morning and if it were proper he would take their Depositions The next Morning about Nine or Ten of the Clock I went with the Boy and his Sister the Mother not being well to whom the Boy had likewise as soon as he came from the Tower revealed what he had as before seen As soon as I came to the Secretaries Office I sent his Lordship word that according to his Lordships Order I did attend Immediately upon which before my self or either of the Informants were examined Mr. Atterbury the Messenger came to the Office and took me into Custody the only Instance where such as came to give Information on the behalf of the King Note were so treated before any Accusation against them and some short time after thus in Custody I was called in before the then King and Council The first Question to my remembrance asked was What made me engage in that mater To which I answered That I was altogether unrelated to and unacquainted with that Honourable Family so that there lay no more personal Obligation upon me first to move than upon any Man whatever who might have met with the like Information but it was my love to Truth and Justice first ingaged me in it and through the Grace of God my Duty therein I would do though death stared me in the face every step I made I can't but here observe the carriage of the then Duke of York who with a concerned Countenance leaning his Elbow upon the board covered his Face with his Hand upon which I did immediately imagine that somewhat within did more trouble him than all the trouble from without did me for though I stood as the supposed Criminal I had reason to guess somebody else was the real one I did then observe to His Majesty the incoherence and Contradictions sworn before the Coroner by Bomeny and Russel who were the Persons that pretended to prove the Self-murther before the Coroner upon which his Highness called for those Informations but said nothing in answer His Majesty then took them and said as little but the then Lord Keeper North having read them went about to reconcile those Incoherences and Contradictions upon which I did object against what his Lordship said as insufficient and further urged the Objections I had before made His Lordship seemed very angry that I made those Reflections but with submission I think by printing the Coroner's Depositions every man was in some sort appealed to whether what was so sworn and printed was not sufficient to induce every impartial Person for such the Coroner and Jury ought to have been that the Earl of Essex did indeed cut his own Throat and the printing those great Incoherences and contradictory Depositions argued as great impolicy in the Authority that published them as the deposing them did villany in the Informants or the believing them want of understanding not to say honesty integrity and impartiality in the Coroner and most of the Jury After some time spent in the Examination I was ordered to withdraw into the Secretary's Office
for a Pen and Ink and with his own hand crossed it by which I perceived I was designed for Judgment not Mercy and upon application was so told for I was inform'd that no man was more obnoxious to His Majesty than my self who was the only person that ever cast Blood in his face But if his own conscience by a just application threw it there I could not help that I am sure they that said it talked without Book for nothing at my Trial or at any time after proved against me made any such thing appear I must confess several Witnesses at my Trial subpoena'd could have mentioned somewhat with relation to his then Highness's Guilt in this matter but I found it was a Truth too hot which that Court would not hear and therefore thought it not proper to call them but left them till such a Season wherein Truth in this matter should not be prosecuted as the highest Offence And thls brings me to the Proofs that have in this Case been taken before the late Right Honourable Committee of Lords But before I do begin with the Evidence it may not be amiss to give some short Account how this Case came before that Right Honourable House where it was occasionally brought upon the motion of the Right Honourable the Lord Lucas then Governour of the Tower For the day before the Convention sate viz. the 21st of February 1688. having a Warrant against several as suspected privy to or concerned in the Murther of this Honourable Patriot and amongst the rest against Major Hawley at whose House my Lord was murdered and Russel the Warder before-mentioned both which belonged to the Tower I desired a Friend of mine to acquaint the Honourable Governour therewith so that these persons might be secured As soon as the Lord Lucas saw the Warrant against these two he did order them both to be be secured and the next day there was several Depositions with relation to my Lord's Murther taken before Justice Robins who that very day carried Copies of them to my Lord Lucas upon which his Lordship the very next day moved the House of Lords for their Lordships directions as to the disposal of Hawley and Russel and thereupon produced these Informations Mr. Robins had before brought him Upon reading of these the House entred into a debate of the matter and then called me before their Lordships before whom I gave a short Account of what is as before most materially mentioned After which their Lordships constituted a more general Committee This Committee having several times met there was a close Committee appointed the Order for which followeth The Order for the close Committee Die Martis 5. Februarii 1688 9. LOrds Committees appointed by the House to be a Close Committee to examine and take Informations concerning the Death of the late Earl of Essex and have power to send for and examine what Persons they please and such Affidavits as have been already made in this business as also for what other they please in order to give their Lordships further light therein whose Lordships are to make Report thereof to the House E. Bedford E. Devonshire L. Visc Mordant L. Delamere Whose Lordships are to meet when and where and as often as they please Before this Right Honourable Committee there have been above Sixty persons examined of which most were examined upon Oath and many of these several times before this Committee which in all have sate above thirty times and several times adjourn'd when other extraordinary Occasions hinder'd their Lordships from taking the Depositions of such as then attended to be examined In May last three of the four Lords of this Committee viz. the Earl of Devon the Earl of Monmouth and the Lord Delamere being commanded by His Majesty into the Countrey the Earl of Devon being Chairman of this Honourable Committee the 22d of May brought such Depositions and Examinations as in this Case had then been taken into the House But the House not having time that day to read them it was deferred till the then next day Upon the reading of them it appearing that the Earl of Devon the Earl of Monmouth and the Lord Delamere were absent in His Majesty's Service for the Earl of Devon that very morning went into the Countrey their Lordships thought fit to suspend the full Examination of the matter till these three Lords returned This appears by the Order following Die Jovis 23 Maii 1689. AFter reading several Papers and Depositions relating to the Death of the late Earl of Essex it is ordered by the Lords Spiritual and Temporal in Parliament assembled That the Considerations of this business shall be suspended until the return of the Lord Steward the Earl of Monmouth and the Lord Delamere who were of the Committee before whom they were made and who are now in the Countrey in His Majesty's Service And it is further Ordered That the said Depositions and Papers shall be sealed up and kept by the Clerk of the Parliament in the mean time Joh. Browne Cleric ' Parliamentor These Depositions lay sealed up with the Clerk of the Parliament till the 26th day of October when their Lordships of the first Committee moved for reviving the Committee which the House revived by this Order Die Sabbatis 26 Octobris 1689. ORdered by the Lords Spiritual and Temporal in Parliament assembled That the Committee appointed on the fifth day of February to take Informations concerning the Death of the late Earl of Essex be and is hereby revived to continue and sit as before Joh Browne Cleric ' Parliamentor ' Several other Persons were now examined before their Lordships who having finished their Examinations they began to reduce those Depositions and Examinations into such order as to their Lordships should seem most meet but this was hardly finished before the 27th Day of January when the last Parliament was prorogued and the 6th of February dissolved and consequently all Proceedings hereupon stopt till their Lordships shall think fit to revive the Committee in order to bring in their Report The Substance of what hath been deposed before the Honourable Lords of the late Committee and some Justices of the Peace I shall in as short an Abstract as I can well reduce it here give you in which I shall observe for the most part as it falls in order of time and first what passed before my Lord's Murther secondly the day of his Death thirdly after the day of his Death As to the first before my Lord's Murther it is deposed by Dorothy Smith to this effect That about nine days before my Lord's Death being Servant with one Holmes in Baldwins-Gardens and standing upon the Kitchen-stairs she heard several Papists discoursing in the Parlour of the said Mr. Holmes's House concerning the taking off the Earl of Essex and it was then and there declared That they had been with His Highness and His Highness was first for poysoning the said Earl but that manner of
Death being objected against it was proposed to His Highness That the Earl should be stabbed but this manner likewise not being thought proper His Highness had concluded and ordered his Throat to be cut and His Highness had promised to be there when it was done About three days after this viz. about six days before the Earl's Death some of the aforesaid persons met again at her said Master's House where she heard them declare to this effect That they had resolved the Earl's Throat should be cut but they would give it out That he had done it himself and if any should deny it they would take them up and punish them for it This Informant being hereupon much troubled in her mind and willing to prevent if possible this intended Mischief did hereupon advise with one Mr. Billinger who before that time had been her Master but the said Mr. Billinger told her to this effect That if she valued her life she should not discover it to any for the Papists then carrying all before them she was ruined if she did Wherefore she did not before my Lord's Death to her remembrance discover it to any other unless she might to Mrs. Billinger in which she can't be positive But the day of my Lord's Death about Two or Three of the Clock the same day some of the aforesaid Consult coming to her said Master Holmes's House one leap'd about the Room as extremely over-joy'd and strikes the said Mr. Holmes on the back and cried The Feat was done or we have done the Feat And further said He could not but laugh to think how like a Fool the Earl of Essex look'd when they came to cut his Throat She further saith That about five years since living with Mr. Rowdon of the Old-Exchange she was willing to discover what she had as before heard to her said Master and Mistress and Daughter but her said Master Rowden was not free to hear all she could say with relation hereunto but advised her to hold her peace for by such her discourse she might ruine Him and all his Family This is further confirmed by the Oaths of Mr. Rowden Mrs. Rowden and Mrs. Mary Rowden And Mrs. Rowden doth further depose to this effect viz. That the said Dorothy Smith hath some years since with great concern declared That she did hope to live to see the day wherein she might fully testifie her knowledge herein and this she would do when she might without danger Mr. Adams and his Wife have deposed to this effect That November last was two years this Dorothy lived with them as their Servant and in tears hath often declared her over-hearing the Papists consult of my Lord of Essex's Murther several days before his Death and by whose Order the Earl was to be murdered But these Informants knowing the danger of such discourse the late King James being then in so great Power did advise her for her own Safety and the Safety of those she lived with not thus to discourse But the said Dorothy in tears did usually answer That it lay upon her mind night and day and she could not be quiet in her thoughts that the Earl of Essex should be falsly charged with cutting his own Throat when she had heard the Papists resolution to cut it themselves and after own they had done it And if ever she might with safety testifie the Truth herein she would and did hope those Men that did it might suffer for it Richard May deposeth to this effect That to the best of this Informant's remembrance before the Death of King Charles the Second observing Dorothy Smith to be very melancholy he desired to know the cause upon which she said That somewhat which she knew with relation to the Death of the late Earl of Essex was the cause of her trouble and it was not safe for her to reveal it to any Upon which this Informant advised her then to be silent in the matter But about the beginning of February after our now King's coming finding it safe for the said Dorothy Smith herein to declare her knowledge this Informant went to the said Dorothy Smith and told her She might now safely speak what she knew as to my Lord's Death upon which the said Dorothy Smith told this Informant How she had heard the Papists several days before my Lord's Death declare How the Earl's Throat was to be cut and by Whom ordered with several particulars in relation thereunto upon which this Informant discovered this to Mr. William Tornay who thereupon told this Informant he would reveal this to Mr. Braddon then upon the Prosecution of my Lord's Murther and some short time after Mr. Tornay told this Informant That he had therewith acquainted Mr. Braddon and desired this Informant with the said Dorothy Smith to meet the said Mr. Braddon and the said Mr. Tornay such a time at the Cross-Keys in Watlin-street where they met accordingly But when Mr. Braddon had been particularly informed herein by the said Dorothy Smith the said Mr. Braddon declared That unless the said Dorothy could make it appear That she had long since revealed this he would esteem it as a new-made Story and a Lye Upon which the said Dorothy mentioned the Names of several to whom she declared she had long since revealed it but by all was enjoined to Secrecy Mr. William Tourney hath likewise deposed what herein relates to him And I am ready to depose That I never heard of this Dorothy Smith till Mr. Tourney about February last was Twelve Month informed me of her and I never to my remembrance saw the said Dorothy Smith till the said Mr. May had as before brought her to the Cross-Keys in Watlinstreet where I first discoursed her in the presence of Mr. May Mr. Tourney and another Here are five or six Witnesses prove the very Substance of this Evidence revealed some years since when it was little less then Death to discourse it which clearly proves it is not a new-made Story and strongly argues the truth of the Relation for it can hardly be supposed that this Woman should often under the greatest Concern and Danger imaginable declare any thing of this nature unless the Relation was really true Because she could rationally then propose no Advantage by this Invention but was still told and convinced of the Danger Wherefore 't is rational to suppose that only the power of Truth moved her to declare what she so often in Tears related But as a further Argument of the truth of this Deposition I shall briefly relate what Informations have been taken in Contradiction to this Relation and how these Informations have been detected as false in every particular which corroborates the Truth of the Accusation For as a true Defence detects and frustrates a false Charge so a false Defence being discovered to be such as strongly strengthens a true one The Depositions in opposition to Smith's Evidence were Dorothy Hewits a most violent Papist who the 9th
the House when my Lord was murdered seems farther probable from the Relation of Mary Johnson then at work in Major Hawley's House at the time of my Lord's Death and what Account she hath hereof given appears by these two Informations The Information of Philip Johnson of Whites-Alley in Coleman-street in London Free-mason taken the 22d day of January 1688 9. before John Robins Esq a Justice of the Peace for the County of Middlesex THis Informant maketh Oath and saith That Mary Johnson his Wife since deceased being a labouring Woman to Major Hawley in whose House the late Earl of Essex was found dead That the morning on which he died as she was at work she heard a noise and designing to go up stairs she met Major Hawley coming down who told her My Lord was dead upon which she went up stairs and found the said Earl dead in his Closet as she gave her Husband this Informant an account and that by Order of the said Major Hawley she helped and assisted a Man to the best of his memory his Name is Major Webster to strip the said Earl from his Cloaths and at the further Command of the said Major Hawley she washed the said Earl's Body and also washed the said Chamber and Closet belonging to the said Earl for the said Major Hawley gave her 10 s. and that the Neck of the Cravat that she took off the said Earl's Neck was cut in three pieces The Mark of Philip Johnson The Information of Miriam Tovey of Red-Lion-street in White-Chappel-Parish in Middlesex Widow taken the day aforesaid before John Robins aforesaid THis Informant maketh Oath and saith That she several times heard Mary Johnson abovesaid declare the Substance of the preceding Information and further sweareth The said Mary Johnson told her That Major Webster was the Person who helped her to strip the said Earl of his Cloaths which she was very unwilling to do saying She should bring her self into trouble and hazard of her life by intermedling with the Body before the Coroner had sat upon it and that Major Hawley told her She must do it and should come to no trouble by it Miriam Tovey But it seems Major Hawley's Principles were ever averse to those brave True English Champions that opposed the late Court-Arbitrary-designs and could afford those Honourable Lords and Truly-worthy Knights and Gentlemen no better Titles than Rogues This appears by what he declared the very day that a great number of Honourable Lords amongst which this unfortunate Lord I hearâ— was one and Worthy Knights Gentlemen and Citizens dined together at Mile-end-Green for some time that afternoon Hawley told Mr. Bunch then a Warder That above Two hundred Rogues that day dined together at Mile-end-Green but he did wish that he had Forty of the biggest of them there in the Tower that they might be made shorter by the Head for till then the Land would never be at quiet This in substance is deposed by the said Mr. Bunch who with one Mr. are ready likewise to depose That some time since discoursing with one a Servant-maid in the Tower at the time of my Lord's Murther but since turned out they told her That it was supposed to be Major Hawley that occasioned her being turned out of the Tower but she replied It could not be the Major for he was the best Friend she had in the world upon the account of somewhat which she knew with relation to the Death of the late Earl of Essex I have some grounds to believe that not a few in the Tower that morning my Lord was murdered could discover several things very material in order to a farther detection and particularly as to the coming out of the Ruffians after they had perpetrated this not to-be-parallell'd treacherous Cruelty for I have been informed by some who that very morning my Lord was murdered were in Leaden-hall-Market That there came a Servant-maid who then lived as she said in the Tower to that Market the very same morning and wringing her hands she wept and cried out The Earl of Essex was murdered upon which the People gathering about her advised her to silence telling her she would bring her self into trouble by such expressions the Maid thereupon declared She was sure it was true for she saw the Men that murdered him just as they came from his Lodgings I have used all diligence possible to find this Maid out but neither of those I have met with could tell me her Name or the Name of the person in the Tower with whom she lived Not long after my Lord's Death I was likewise informed of the Name of one who declared he saw the Ruffians just as they came out of my Lord's Lodgings and did observe some Blood upon the Cloaths of one of them But having been obliged in a hurry often to convey away my Papers this Name I have lost I do wish I could find men as free as their Duty obliges them in this matter to declare what they knew I have reason to suppose many men would be then examined and whosoever there is that can discover any thing material with relation to this Murther and in silence stifles it by such his silence he consents to the Blood of my Lord and though our Law may not reach his Offence yet he who knows it will one day lay it to his Charge for if God requires that all Governments should make diligent Inquisition for Blood in defect whereof he will require the Blood of the Slain at the hands of such Magistrates on whom this neglect is chargeable then on those more especially will the greatest guilt lie who refuse or neglect to give Information to those ordained for such Inquisition But to return Bomeny and Russel you find have before deposed That there was a Razor delivered to my Lord wherewith to pare his Nails which his Lordship having done he retired into his Closet and there cut his Throat The Closet-door being opened Bomeny and Russel have declared they saw the Body there lie in its Blood and the Razor lying by him This is in short the substance of these Mens Relations whose Interest it is to prove the Self-murther That this Story is false in every part I doubt not but to convince every unprejudic'd person and hope to satisfie all who are not blinded with prejudice First That his Lordship did not pare his Nails that morning he died as all these have sworn or declared nor was there any Razor delivered to my Lord for that purpose that morning he died Secondly That his Lordship's Body was not locked into the Closet when first found Thirdly That there was no Razor lying by the Body when these three first saw the Body but the Razor laid there after my Lord was murdered to colour the pretended Self-murther That my Lord's Nails were not par'd John Kittlebeater hath deposed That he being one of the Coroner's Jury did very narrowly observe my Lord's Nails on his Fingers and
Feet and could not discern either of them par'd or scrap'd I shall now prove Bomeny's Relation to be false by what Russel swore and Russel's Deposition forged by what Monday declared the very day and some time after my Lord was murdered and Monday's Account in every material part a fiction by the Depositions of the two former In order to which I shall give you Bomeny's first Information taken in the Coroner's own hand which is as followeth THE Information of Paul Bomeny saith That the Earl of Essex on the 11th instant did speak to this Informant to bring him a Penknife to pare his Nails but this Informant could not then get one The Earl of Essex called to him again on Friday the 13th instant about Eight of the Clock in the forenoon did again speak to this Informant to bring him a Penknife to pare his Nails But this Deponent telling him that he had not one his Lord commanded him to bring him a Razor which he did accordingly and then his Lordship walked up and down the Room scraping his Nails with it and this Informant then left him and coming about half an hour afterwards up into the Bed-Chamber found his Closet-door fast whereupon this Informant knocked at the door and called My Lord My Lord but he not answering pushed the door a little open where he did see his Lord lying all at length on the ground in his Blood with the Razor near him on the ground And further deposeth That he hath not any Papers of his Lord's nor doth know where any of his Papers or Writings are And also That on Thursday night last was very merry at Supper and did not seem to be discontented the next morning This Information is verbatim as the Coroner took it from Bomeny's own mouth But the Coroner proceeding to ask further Questions Bomeny began extremely to hesitate and thereupon desired he might write his own Information which being granted he retired from the Coroner and Jury into the next Room where having been some considerable time he brought the Information first mentioned according as it is there observed to be in the Original James Whitechurch declareth and in substance before the Lords hath deposed That the very day the Earl of Essex died he went with one George Jones to the Tower to discourse Nathanael Monday concerning the Death of the said Earl and when they came to the Tower meeting with the said Monday he gave them this Account That as soon as the Gentleman Gaoler had opened my Lord's Chamber-door that very morning he the said Monday by Order went into my Lord's Chamber and tarried there because their Orders were That one of the Warders should be in his Lordship's Chamber and the other at the Stairs-foot and that they had this farther Order Not to suffer his Lordship to have a Knife or any thing like it but whilst he used it in cutting his Meat and that being done all Knives and such-like were to be taken from him with which Orders having acquainted my Lord his Lordship answered He should take nothing ill from them in observing their Orders This Informant further saith That the said Monday did then declare That he tarried with my Lord in his Chamber two hours or better that very morning and that whilst he was with my Lord in his Chamber he did observe his Lordship pared his Nails with the Heel of a Razor This Informant further saith That the said Monday did further declare Before he left his Lordship and went down Stairs to stand below he called up Russel his fellow-Warder to stand in his Chamber and as he went down Stairs he lighted his Pipe and sate at the Stairs-foot but before he had half smoaked his Pipe he heard it cried above stairs That my Lord had cut his Throat whereupon he the said Monday ran up stairs and pushed the Closet-door open and there found my Lord dead This Informant further saith That the said Monday did further declare That when he came up stairs he asked Mr. Bomeny and Russel Where they were whilst my Lord was in the Closet The said Bomeny answered He was sitting upon the Bed in my Lord's Chamber and the said Russel declared He stood at my Lord's Chamber-door just without the door Whereupon he the said Monday as the said Monday declared checked the said Russel for not keeping in the Chamber according to Order Richard Jordan declareth That on the day Mr. Braddon was tried in Hillary-Term 1683. upon the account of the late Earl of Essex this Informant heard Nathanael Monday declare That the very morning the late Earl of Essex died as soon as the Gentleman-Gaoler opened the Chamber-door which was about Seven of the Clock the said Monday stood as Warder above-stairs upon the said Earl and at the first opening the door did observe the said Earl to have a Razor in his hand paring or scraping his Nails with it and this the said Monday declared he saw a long time before Russel stood Warder above stairs upon the said Earl By these two Informations you may perceive what Monday declared My Lord had this Razor in his hand about Seven a Clock in the morning long before Russel came up stairs to stand Warder upon my Lord and that my Lord pared his Nails with the Heel of the Razor By the way I cannot but here take notice of what Monday would have insinuated viz. That the Government was jealous my Lord would destroy himself for otherwise how should there be Orders given not to suffer his Lordship to have a Knife c This was said the more easily to induce people to believe that my Lord did indeed cut his own Throat but Monday will not now pretend such Orders were given him And observe how inconsistent Monday's Relation is for he pretended that they had Orders not to suffer his Lordship to have a Penknife or Razor c. and yet at the same time confessed he left this Razor with his Lordship Russel the Warder hath before deposed and now declares That this Razor he saw Bomeny deliver to my Lord whilst he stood Warder at my Lord's Chamber-door after Monday was gone down stairs Let us now compare these three mens Relations as to the time of delivery of the Razor by doing which it will plainly appear that no Razor at all was delivered to his Lordship For the clearer understanding hereof I suppose Bomeny under Examination with the Jury and answering according to what he hath sworn Jury Did you deliver this Razor to my Lord Bomeny Yes Jury When did you deliver this Razor to my Lord Bomeny About eight of the Clock that morning my Lord died This is according to what he first swore but he then withdraws to write his own Information which point-blank contradicts this his Oath in that particular for he is then examined and answereth as followeth Jury Do you remember the very time that you delivered the Razor to my Lord Bomeny Yes Jury When did
of the Warders according to Bomeny's first Information taken as before by the Coroner and secondly That he did not open the Door for Russel opened it according to Bomeny's second Information which himself writ and Russel's Depositions And thirdly That neither Bomeny nor Russel could open the Door because the Body lay so close against it and so Monday broke it open This according to Monday's account of the matter These Contradictions before observed of themselves are as I do humbly conceive sufficient to convince the man not byas'd that this Unfortunate Lord was treacherously murthered for our Law supposes every man destroy d by violent means to be murther'd by others unless the contrary appears to the Coroner and his Jury now those which in this case come to testify the contrary are so notoriously self-destructive in their Evidence by their gross Contradictions that all these three appear treacherously false and therefore these mens Evidence thus contradictory cannot prove the Self-murther but rather demonstrate the contrary for these three being the only Men who by their Stations near my Lord at the time of his Death could then be supposed capable of giving any account how my Lord came by his death for Bomeny attended upon my Lord in his Chamber and Monday and Russel the two Warders which alternately kept my Lord's Chamber-door for when Monday kept my Lord's Chamber-door Russel stood at the Stairs-foot-door and this by turns and seeing these mens Relations for the Reasons before observed are notoriously false there was a Truth which these Perfidious Men thought neither convenient or safe to declare which would have detected the true manner of my Lord's Death and in what parts these Three stood related thereunto I would fain ask the Coroner and his Jury What Inquisition they would have brought in upon my Lord's Body in case Bomeny Monday and Russel should have declared they would not discover what they knew with relation to my Lord's Death I am apt to have such a Charitable Opinion of the Discretion and Integrity of these Gentlemen as to believe they would have been so far from finding my Lord Felo de se that they would have found him murthered by others and these three concern'd therein for by their respective Stations at the time of my Lord's Death they could not be ignorant of the true manner thereof and by their refusals to discover their knowledge therein they tacitly would have confessed their guilt either as Actors in that Cruel Tragedy or privy and consenting to it Now as such their first positive refusal would have rendered them guilty before the Coroner and his Jury so their false and contradictory Account makes some of 'em more Criminal by so great an addition to their first Offence For in the first by their silence they would have endeavour'd to conceal the Murther and their Guilt therein So here by their many false Relations which have so plainly appear'd for Contradictions cannot be true have they designed to attain the same end And for my own part admitting what is sworn against them to be true I think these Three are worse Criminals than those Ruffians who cut my Lord's Throat For some of the latter were not so intrusted with my Lord's Body as properly to be termed treacherous neither have they appear'd by falsities to conceal their Guilt by perfidiously transferring the same on him whom their own Hands have destroyed But two of the three former viz. Russel and Bomeny if what is sworn against them be true have superadded the greatest Treachery and falsity to Blood and therefore stand guilty of a complicated Villany by which they have as much as in them lay murther'd his Lordship's Honour and stain'd his Family with such guilt as nothing but the discovery of Truth and a just recrimination of those Treacherous Men can wipe off But as a farther Argument of the Closet-door's not being locked upon my Lord's Body it appears That when Bomeny Monday and Russel pretended my Lord was lying in that posture wherein they first found him his Lordship s Legs were part out of the Closet-door as you see in the Figure at the beginning of this Book this is declared by Will. Turner and Sam. Peck who before the Lords have in substance deposed That these two Informants were Servants to the late Earl of Essex at the time of his death and brought some Provisions into the Tower just upon the first discovery of my Lord's Death of which as soon as they heard they ran up Stairs and found my Lord's Legs lying upon the Threshold of the Closet-door and a print of a bloody Foot upon my Lord's Stockins This proves not only that the Closet-door could not be locked as was sworn and declared by Bomeny and Russel but likewise that somebody had been with the Body in the Closet or otherwise how came the print of a bloody Foot upon my Lord's Stockins as these swear to have observed In the third and last place I shall disprove that part of these Mens Relations which saith That the Razor was locked into my Lord's Closet when his Lordship was first by them seen dead Those Three have all deposed or often declared That the Razor was found by my Lord's Body locked into the Closet and all Three denied that there was any bloody Razor thrown out of my Lord's Chamber-window just before my Lord's Death was first discovered to those out of the House William Edwards aged about Eighteen years and Jane Loadman aged about Eighteen years have both before the Lords in substance deposed That a little before my Lord's Death was discovered they saw a bloody Razor thrown out of my Lord's Chamber-window and that just after there came a Maid in a White-hood out of Captain Hawley's House which Maid William Edwards hath deposed took up the Razor and run with it into Major Hawley's House and up Stairs crying out Murther and immediately hereupon was it first said that the Earl of Essex cut his Throat Thomas Edwards Father to the said William Edwards Sarah Edwards Ann Edwards and Elizabeth Edwards Sisters to William Edwards in substance before the Lords have deposed That the very morning of my Lord's Death when W. Edwards came home he did give this Information in substance to these Informants William Edwards did farther depose to this effect That the very morning Mr. Speke and I were try'd going into Westminster Hall to be an Evidence at that Trial he met with Major Hawley who in a threatning manner told him That if he might have the management of him the said William Edwards should be whipt once a Fortnight for seven years together which Threat of the said Major Hawley did so terrify this Informant he being then about Thirteen years of Age that he was afraid to speak the Truth at that Trial lest he should severely suffer for so doing Mrs. Smith Aunt to Jane Loadman and Mr. Glasbrook did depose Braddon's Trial pag. 43. That this Relation Jane Loadman
Scotiae Franciae Hiberniae Regis Fidei Defensoris c. Tricesimo quinto Annoque Domini 1683. SAith That he hath viewed the Throat of the Earl of Essex and doth find That there is a large Wound and that the Aspera Arterias or Windpipe and the Gullet with the Jugular Arteries are all divided of which Wound he certainly died The Information of Robert Andrews of Crouched-Fryers Chyrurgeon taken upon Oath the 14th day of July Anno Regni Caroli secundi nunc Regis Angliae c. Tricesimo quinto Annoque Domini 1683. SAith That he hath viewed the Throat of the Lord of Essex and doth find That it was cut from the one Jugular to the other and through the Windpipe and Gullet into the Vertebres of the Neck both Jugular Veins being also quite divided Upon these Informations the Coroner's Jury found my Lord Felo de se The Substance of these Informations in short is this viz. That my Lord of Essex called for a Penknife to pare his Nails but the Penknife not being ready his Lordship required a Razor which was delivered him with which Razor his Lordship retired to his Closet and locked himself in But soon after the Closet-door being opened my Lord was found with his Throat cut through both Jugular and Arteries to the Neck-bone and the Razor as before delivered lying by him These Informations taken by the Coroner were published the next Monday after my Lord's Death and I the 16th of July buying one of these that very Morning with one Mr. William Hatsel went to Wanstead to the House of one Mr. John Evans then an Officer of the Custom-House Upon reading the last part of Bomeny's Information which deposed That when they opened my Lord's Closet-door they found his Lordship on the ground with his Throat cut AND THE RAZOR BY HIM Mr. Evans declared That could not be true for Friday morning about Ten of the Clock being upon the Custom-house-Key with one Mr. Edwards the said Mr. Edwards told him with several others That his Son being in the Tower that morning just before the Death of the Earl of Essex was known he was standing just over-against the Earl's Chamber-window and saw a bloody Razor thrown out of that Window which he went to take up but a Maid came out of Captain Hawley's House and took it and forthwith ran with it into my Lord's Lodgings and up Stairs immediately several times crying out Murther and then coming down pretended the Earl of Essex had cut his Throat Upon hearing Mr. Evans give this Relation I declared If this was true what was sworn before the Coroner must be false and I did not believe they had sworn false for nothing but must conclude my Lord was murdered Hereupon I did desire the said Mr. Evans to inform me where this Mr. Edwards lived for I protested I would enquire into the matter Mr. Evans then told me Mr. Edwards lived in Mark-lane by the Tower When I came to Town that Afternoon about Six of the Clock I did forthwith acquaint several of my Friends with my Design of making immediate enquiry into the Truth of this Story which if I found reason to believe I thought it was proper to be taken upon Oath before some Justice of Peace in order to a further enquiry By most of my Acquaintance I was disswaded from it they telling me That if my Lord was indeed murdered the Persons and Interest concerned in the Murther were too Powerful for me to engage and therefore I must expect nothing but Ruine by medling in the matter To all which disswasions I generally gave this Answer That I would do nothing herein but what I could justifie to God and a good Conscience And the threatned Ruine I did not fear or would thereby be deterred for if my Lord was indeed barbarously murdered the same Principles and Practices that murdered him might take off many of those Honourable Persons they then had or should take into Custody and pretend as they did in this Case That this was done by the Prisoners themselves to avoid an Infamous Execution So that God only knew in how many Mens Destruction such treacherous practices might determine But if those bloody Men once found that such their Design was suspected and like to be detected in all probability they would desist from the like villanous Practices and seeing this would be more for the Interest of the Publick than I could possibly be either in my Liberty or otherwise I was resolved to Sacrifice that and whatsoever else I had to the Service of my Country My Friends finding me thus resolved to engage they advised me at first to inform my Lords Honourable Family herewith and to observe such Directions as from them I should receive wherefore that very Monday Evening I went to St. James's Square to my Lords House where I found Sir Henry Capell under great disorder by reason of that deplorable Accident I did inform Sir Henry of what I had heard but told him That I had not then spoken either with the Boy or his Father who as I was informed lived in Mark-Lane by the Tower and if Sir Henry thought fit I would the next Morning go with any whom he should appoint to Discouse the Father and Him Sir Henry thanked me for my Information but said he was then under such a concern for so great a Misfortune as had herein befaln his Family that he hardly knew what he did or said c. The next Morning I went to Mr. Edwards to whom as soon as I had told the cause of my coming the old Man seemed much surprized and concerned and in Tears told me he was Ruin'd to which I answered That I did suppose he was not ignorant what great things the Father of this Unfortunate Lord had done and suffered for His Majesties Interest and how this very Lord himself had been highly in His Majesties Favour having been imployed in Places of the greatest Honour and Trust and therefore if his Lordship fell by treacherous Hands none in reason could be supposed so zealous for a Discovery as His Majesty would who could protect him from whatsoever Danger might seem to threaten him besides if there were any Danger I stood principally subject to it but the Danger I did not fear considering of what Consequence this might prove by being inquired into at length Mr. Edwards gave me the same Information in substance I had the day before received from Mr. Evans I then desired to see his Son who being then at School I could not speak with him but that Afternoon about Two of the Clock I went again and was then told That the Boy had denied all which denial was occasioned hy his Sisters telling him He should be Hang'd for what he had herein declared this the Sister could not deny but as soon as the Boy was called into the Parlour where I with several others were before I questioned him about it I discoursed him concerning the
Misdemeanor Subornation and spreading False News This Information charges Mr. Speake and my self with falsly unlawfully malitiously and seditiously endeavouring to procure false Witnesses to prove That the Right Honourable Arthur late Earl of Essex was killed and murthered by persons unknown in whose Custody he was but to destroy this conspired Charge of Mr. Speake and my self against those in whose Custody my Lord was at the time of his death the then Attorney-General tells the Court That they would give an Account of the Earl's Death how he murthered himself and for that they had a CLOUD OF WITNESSES Speake and Braddon's Trial pag. 30. But when this Cloud appeared it consisted in Major Hawley at whose House my Lord was murthered Russel the Warder who then kept the Chamber-door Bomeny my Lord's Servant then attending on his Lordship and Lloyd the Sentinel who kept the outward Door whilst my Lord was murthered Here are Three Monday being the 4th of the Men in whose Custody my Lord was and consequently according to the Information the very Men Mr. Speake and my self had conspired to charge with my Lord's Murther and these very Men in whose Custody my Lord was were like a Cloud of Witnesses brought to prove that those Men in whose Custody my Lord was did not murther his Lordship but that the Earl himself feloniously and as a Felon of himself did kill and murther How very ridiculous would it have looked should the then Court or King's Council have thus spoke to those Three Witnesses viz. Gentlemen YOU being three of the men in whose Custody my Lord was at the time of his death are designed to be charged by the Defendants Speake and Braddon with the murther of my Lord but WE have thought it convenient and JUST by YOU to prove that YOUR SELVES did not murther this unfortunate Lord but that this Lord himself feloniously and as a Felon of himself did kill and murther as UPON ONLY SOME OF * Bomeny's and Russel's Information before the Coroner which are at large herein before printed YOUR DEPOSITIONS he hath been already found by the Coroner's Inquisition Do YOU therefore upon Oath but purge YOUR SELVES and lay this Murther to my Lord 's own door and WE will inflict exemplary punishment upon these Defendants whose Conspiracy tended to the charging YOU as Actors in it or Privy thereunto I do humbly conceive that all this was virtually included in the Examination of those Witnesses whose Oaths were not only admitted to purge themselves but to render such as Criminals as should endeavour to charge them Should the like be practised in protection of all accused I am well satisfied no man would turn Accuser If any shall say THESE being the men attending on my Lord at the time of his death and his Lordship then a close Prisoner are the persons to be presumed privy to what was done BY his Lordship just before his death and therefore the parties which as to that could be sworn I answer As they were THE MEN which were to be presumed privy to what was done BY his Lordship just before his death because they were the persons whose Stations were so near his Lordship for this very reason they were THE PARTIES which were likewise to be supposed privy to what was done TO HIS LORDSHIP just before his death and therefore admitting that his Lordship fell by Treachery and Violence these were THE MEN must be presumed conusant thereof Wherefore these mens Testimony being in effect a Self-discharge ought not here to have been admitted With all submission to that great Justice Judgment and Policy which drew and managed this Information against Mr. Speak and my self I think herein the managers of this Prosecution extremely failed in their proof for Mr. Speake and my self being accused with falsly c. conspiring to charge those in whose custody my Lord was with murthering my Lord The Duty incumbent on the then King 's or rather DUKE's Council was to prove That we or one of us did use indirect means by Bribes Threats or the like to procure those False Witnesses and this or whatever else was brought to prove this Information ought to have been deposed not by such as appeared in Court in effect with Halters about their necks to swear for their OWN lives being virtually told This do and you shall live but in the day ye fail thereof ye shall surely die But this Information ought to have been testified by men who stood recti in Curia which were neither themselves to be hanged for murthering my Lord provided they would not by consequence prove he did murder himself or to be not only saved but well rewarded in case they did though contradictorily confirm the same As for all those Witnesses which were produced against us to prove any Bribes or the like I do suppose Prejudice it self will not pretend to say that by the Trial which none can believe Sir George Jefferyes would order partially in our favour to be printed the least colour of proof is given by any That Nation is happy whose Government answers the true end of Governours viz. To be terrors to Evil-doers and a praise to those that do well but when once this end is inverted and Justice or rather that which a Corrupt Court falsly calls so becomes a SKREEN to Malefactors and punishment inflicted on those who would punish them then is that Kingdom in a much worse condition than it could be by the state of Nature For Justice thus corrupted would prove as fatal to the Body Politick as the poisoning all Drugs Simples c. would to the Body Natural This by the perversion of all Law and Justice would probably have proved our general Fate had not God in mercy by our present Sovereign removed the Source hereof But to return Upon my Tryal I did expect all that the most inveterate and milicious Rage could utter and therefore was not surprised with all that Fury and unjust Inveteracy that appeared in the Court especially the MOUTH thereof for in the midst of his Rage when I was falsly represented under the most odious Character worse than a Common Robber or Burglar for these Mens Crimes tended only to a private Mischief but mine to a general Confusion I could not forbear smiling upon the then remembrance of this Story A Neighbour of mine whom long since I knew in the Country an illiterate plain Country Farmer who had a Wife of as violent Spirit as liv'd and one day she came into the Room where her Husband was with several Neighbours as soon as She came tho there was not or it seems had been the least colour for a provocation for he still carried himself well towards her She flies into the greatest Rage imaginable calling him all the Names that Malice could invent or Rage could utter and had She not been prevailed upon might have done him some Mischief The Husband in the midst of this great Storm well knowing all to be false
Tower This is proved by Eight Witnesses Mr. Hubland Merch. Mrs. Hubland Mrs. Meux Treherne Jeremiah Burgis Thomas Feilder Savage Mr. Butler It is as to this sworn That at Frome which is about 100 Miles from London it was reported the very next morning after my Lord's Commitment to the Tower viz. the 11th of July 1683. that the Earl of Essex had cut his Throat in the Tower And this Informant the week after my Lord's death meeting the Gentleman which had before given him this Information and desiring to know how before my Lord's death he could declare it the other replied That all men concluded my Lord would either cut his Throat or turn Evidence against his Friend my Lord Russel but it was generally believed that my Lord would rather destroy himself than be made a Witness This Report so far off the very next morning after my Lord's Commitment proves the Tower to be the place before my Lord's Commitment pitched upon as the most proper for this perfidious Tragedy But the very next day viz. the Wednesday after my Lord's Commitment was it reported about 60 miles off that the Earl of Essex had cut his Throat in the Tower for this reason viz. The King and Duke coming into the Tower to view the Tower the Earl of Essex was afraid the King would have come up into his Chamber and seen him but his Guilt and Shame was such that he could not bear the thoughts of it and therefore cut his Throat to avoid it Observe in this previous Report sixty miles from London the next day after my Lord's Commitment the very pretended Reason for the Self-murther is given which Reason carries in it an accident that could never be before reported or indeed expected but by those which were the most secret in this Treacherous Cruelty for herein is it said the Wednesday before the King and Duke went to the Tower that the King and Duke were in the Tower when the Earl cut his Throat c. It is notorious that the King and Duke did not go till Friday morning and their then going was a surprize to their very Guards for it seems they had not been there together above once since the Restauration In short These several Reports proved by Eight Witnesses all agree in the manner how and place where and one more particularly sets forth the pretended Reason wherefore I do therefore humbly submit to every impartial Reader whether these very Reports do not strongly prove that the manner place and pretended reason were all agreed upon before this barbarous complicated Tragedy was acted For otherwise how could it possibly be so particularly related so far off and so long before it was done I shall in the 2d place observe what passed in the day of my Lord's murther which proves his death to be such Bomeny and Russel before-mention'd did before the Coroner's Jury upon Oath deny that any men were let into my Lord that morning my Lord died The like did John Lloyd the Soldier that kept the outward Door depose at my Trial pag. 57. Nathanael Monday who was my Lord 's other Warder and likewise Russel before the Lords have denied that any men were that morning let into my Lord. But that there were some Ruffians a little before my Lord's death let in to murther him plainly appears by the Proofs following Mr. Samuel Story deposeth to the effect following viz. The 21st of January 1688. being the day before the Convention sat John Lloyd Sentinel upon the late Earl of Essex at the time of his death was taken up as suspected privy to the said Earl's murther and being therefore in custody the said Lloyd with tears in his Eyes wrung this Informant by the hand and declared That by special Order of Major Hawley or one of my Lord's Warders he did let in two or three men into the Earl's Lodgings just before his death and he was very sure and could safely swear that Major Webster then there in custody suspected as one of the Ruffians that murthered my Lord was one and that as soon as he so let them in he heard a noise in my Lord's Chamber and somewhat thrown down like the fall of a man soon after which it was said the Earl of Essex had cut his Throat This Lloyd the same day before the Justice did confess the letting in some men a little before the Earl's death as appears by his Examination following The Examination of John Lloyd of Goodman's-Yard in Aldgate Parish without in London Clothworker taken before John Robins Esq one of the Justices of the Peace for the County of Middlesex the 22d day of January 1689. THis Examinant saith on the day whereon the Right Honourable the late Earl of Essex was found dead upon the suspicion of having been murthered in his Lodgings in the Tower of London he then being a Soldier was standing Sentinel at the door of the said Earl's Lodgings and had order to let no body up stairs to the said Lodgings without leave from Major Hawley or the Warder then in waiting on the said Earl and that about half an hour after Eight of the Clock in the Morning of the said day two Men to this Examinant unknown knocked at the hatch-door belonging to the said Lodgings and by permission of the said Warder entred the said Lodgings but when they came out he can give no account and that about Nine a Clock he heard a struggling on the said Morning and a little time after heard a Crying My Lord is dead After Lloyd had lain some time close Prisoner in Newgate he did desire to see one Mr. Tempest a Neighbour of his who having permission of the Secret Committee to discourse Lloyd thereupon went to Newgate where he found the said Lloyd very melancholly when Mr. Tempest first came Lloyd told him that he did hope as he was his Neighbour he would be his Friend and true to him to which the other answered that he would if the said Lloyd was ingenuous in his Discovery whereupon the said Lloyd after often pressing the said Mr. Tempest to be true to him told him that when he was first seised he did confess to a Gentleman who was altogether a stranger to him the letting in some men into my Lord of Essex just before his death and this Confession did lie upon his Conscience and troubled him night and day upon which the said Mr. Tempest replied That the like he had confessed to several the same day he was taken and he declared the same before a Justice of Peace but if it was false he ought to retract it and be sorry for having said it whereupon the said Lloyd renewing his Request that the said Mr. Tempest would be true to him said it was indeed very true but it was what he should not have confessed Lloyd did then farther declare That upon the letting in those Men there was so great a bustle in my Lord's Chamber that the said Lloyd would
you deliver this Razor to my Lord Bomeny About eight of the Clock on Thursday morning being the day before my Lord's Death This as you observe he swears in the Information himself writ and brought to the Coroner Bomeny then to withdraw and let Russel answer to this particular Jury Mr. Russel do you know when this Razor was delivered to my Lord Russel Very well for I saw it delivered to my Lord by Bomeny Jury When did you see this Razor delivered Russel Less than a quarter of an hour before we found my Lord dead I stood Warder at my Lord's door and I heard his Lordship ask for his Pen-knife to pare his Nails and Bomeny said It was not brought upon which my Lord required a Razor saying It would do as well and I saw Bomeny give my Lord the Razor it being then about Nine a Clock Jury Who first stood as Warder at my Lord's Chamber-door or in my Lord's Chamber yesterday morning before my Lord died was it You or Monday Russel Monday upon my Lord's Chamber-door being opened first stood at the door and after he had been there as long as we use to stand he called me up and then went down and stood at the Stairs-foot at the House-door where I did before stand Jury Then this Razor you saw delivered to my Lord after Monday went down Stairs and whilst you stood as Warder at my Lord's door Russel It is very true for I am sure I stood by Bomeny when he delivered the Razor and saw it delivered to my Lord. Jury What distance of time do you say there might be from the time this Razor was delivered to the time of my Lord's Death Russel I am sure it could not be half an hour from the time of the delivery of the Razor to the time we found my Lord dead in the Closet Russel withdraws and Monday is examined Jury Mr. Monday did you see my Lord have any Razor in his hand yesterday morning before his death Monday Yes I did Jury What time was it when you saw my Lord have the Razor in his hand Monday About Seven of the Clock as soon as the Gentleman-Gaoler had opened my Lord's Chamber-door for I first stood Warder above Stairs and as soon as the door was opened I saw my Lord have the Razor in his hand and observed him to pare his Nails with it Jury Was this before Russel came up to my Lord's Chamber-door to stand Warder there Monday Yes almost two hours This is according to their own Informations and Relations Now can you believe that this Razor was delivered by Bomeny at Eight of the Clock on Friday morning according to his first Oath and yet not delivered till Eight of the Clock on Thursday morning according to Bomeny's second Oath And can you also believe that the Razor was not delivered till about Nine of the Clock on Friday morning according to Russel's Information and at the same time give credit to Monday who declared My Lord had the Razor by Seven of the Clock two hours before Russel came up to stand Warder at my Lord's Chamber-door These three are of equal Credit and consequently you have as much reason to believe Bomeny as Russel and Monday deserves equal Credit with either of the former But all cannot be credited neither can Bomeny's Contradiction be reconciled Or can One of these be thought True without giving the Lie to the other Two Therefore upon the whole matter you cannot reasonably believe there was any Razor at all delivered If any shall say that all Three in the main agree That my Lord had a Razor delivered him to pair his Naile and their Contradictions is only in point of Time I Answer 'T is true it 's a Circumstantial Contradiction in point of Time and the Contradiction of the Two Elders in the History of Susanna was a Circumstantial Contradiction in point of Place for the first swore they took Susanna in Adultery under a Mastick-tree and the second under a Holm-tree both these agree in the main viz. That they found her in Adultery but by this Contradiction as to the place where Daniel convinced all then present that these two Elders were perjured in their Evidence and consequently Susanna innocent of her Charge and thereupon these Two Accusers justly suffered what by Perjury they would have unjustly caused to be inflicted upon the Innocent And I never yet heard any deny Daniel's wisdom in this Detection or arraign his Justice in the punishment those Two False Accusers thereupon suffered Secondly That my Lord's Body was not locked into the Closet I will now suppose that Bomeny Monday and Russel were to answer as to the opening this Door according to their former Informations and you will find their Contradictions as to this as gross as the former Bomeny first appears Jury Mr. Bomeny Was my Lord's Body locked into the Closet when he was first found dead Bomeny Yes Jury Who opened the Door Bomeny When I had knocked at the Closet-door my Lord not answering I did open the door and there saw my Lord lying a-long in his Blood and the Razor by him and I then called the Warders This according to his first Information taken as before by the Coroner About an hour after this the Jury did again examine him as to this Point and he answering according to the Information which as before he writ in the Room next the Jury and then you will find it as followeth Jury Mr. Bomeny Did you first open the Closet-door upon my Lord's Body Bomeny No I did not but Russel did for after I had knocked at the Door thrice calling My Lord my Lord not answering I took up the Hangings and peeping through a Chink I saw Blood and part of the Razor whereupon I called the Warder Russel and the said Russel pushed the Door open At my Tryal Bomeny being asked who did first open the Door upon Oath aâ—swered he knew not who opened the Door Jury Mr. Russel Did you find the Closet-door lock'd upon my Lord's Body Russel Yes Jury Who first opened the Closet-door Russel When Bomeny saw my Lord's Body through the Chink he cried out my Lord was fallen down sick whereupon I went to the Closet-door and opened it the Key being on the outside Here Russel makes no difficulty in opening the Door but observe Monday's Answer Russel withdraws and Monday is called Jury Mr. Monday Where were you when my Lord was first found dead Monday I was standing at the foot of the Stairs and hearing a great noise of my Lord's Death I ran up Stairs and found Bomeny and Russel endeavouring to open the Door but the Body being so close and strong against the Door neither could Jury Who then opened the Door Monday I being much stronger than either of these two put my Shoulder against the Door and pushing with all my might I broke it open Upon the whole matter you find first Bomeny opened the Door before he called either
Razor was seen thrown out and consequently that it could not be locked into the Closet with the Body as Bomeny and Russel have deposed or often declared Whereas Bomeny swore before the Coroner That peeping through a Chink of the Closet-door he saw the Razor this appears to be impossible considering the Position of the Razor and the Circumstances of the Chink For the Razor they all declare lay in the upper part of the Closet by the Close-stool where the Letter R. stands in the Closet according to the Figure the only Chink of the Door is in that part next the Chimney where the streak and Letter C stands now looking throw that Chink when the Door is locked you cannot see within three foot of the place where the Razor was said to lie this was about a year since demonstrated to the Right Honourable the Lord Lucas now Governor of the Tower and to several Gentlemen more The Maid who is supposed to have taken up the Razor denies it and in her defence saith to this effect That she went out of her Master's House almost half an hour before my Lord's Death was known and returned not until my Lord's Death was publick and several People in the House to see my Lord For she tells this Story ' That about half an hour before my Lord's Death was discover'd my Lord's Footman came to her and told her the Warder would not open the Wicket to let in my Lord's Provisions that were brought and therefore begged her to go to her Master Mr. Hawley the Gentleman Porter to desire him to go to the Warder that kept the Gate and order him to let in the Provisions She did accordingly go to her Master who thereupon order'd the Waredr to let in my Lord's Provisions and as they viz. my Lord's Footman Will. Turner and one Sam. Peck and a Porter were bringing the Provisions a Sentinel told them they were come too late upon which this Maid declares she was surprized and asked William Turner what should be the meaning of that Expression You are come too late for she did not understand it whereto Turner answered That he did suppose the Sentinel believed those Provisions to be my Lord Russel's who being gone to his Trial this Soldier might think he would never return again to the Tower and so the Provisions were brought too late This she declares she then believed but as soon as they came in sight of her Master's House they admired to see so great a Crowd about the Door but were soon too well satisfied in the occasion for it was just before discovered that my Lord of Essex had cut his Throat But this is a forged Lye throughout for William Turner Samuel Peck and the Porter do all three declare That the Maid was not with them whilst they were bringing in the Provisions neither did the Warder that kept the Gate in the least scruple the letting in my Lordâ— Provisions this they all say they are ready to depose All men I find are to seek of the reason that should move these Men to throw the bloody Razor out of the Chamber-window before my Lord's Death was discovered But if we consider the amazement that might naturally seize these men upon the least disturbance in this Deed of Darkness we must not expect that what is done under a sudden Confusion should be according to the deepest Policy And you find that Webster did confess That when he threw the Razor out he was under such a confusion that he knew not what he did This Disorder might be occasioned by some ones coming up Stairs who was not then privy to the Murther before they had laid all things aside as they designed they should be found by such as were not immediately concern'd in it and Webster having the bloody Razor in his hand which was designed to be laid by the Body as the pretended Instrument of the feign'd Self-murther upon the coming up of one of whom he was not aware he under a surprizing fear of a discovery threw the Razor out of the Window and the Maid was afterwards sent for it and then was it laid by the Body as the pretended Instrument of Death For this I have some reason which I think not fit now to publish That Major Webster was one of the Ruffians and consequently might be the Man who threw this bloody Razor out of my Lord's Chamber-window as himself confessed farther appears probable by his producing that day my Lord was murthered the Earl's Pocket-handkerchief all bloody the Handkerchief was known by the E and Coronet upon it and shaked it saying there was the blood of a Traytor and the very next morning a Purse of Gold of 49 Guineas and a Pistol which rejoycing he produced to some of his Neighbours and immediately after my Lord's Death lived at a rate much above his Quality being a poor Alehouse-keeper and Under-bailiff of the Tower Liberty and as I have been credibly informed in some few months after my Lord's Death lost at Gaiming several hundreds of Pounds which made those that had well known his Poverty conclude he robbed but ill got ill spent for his Extravagancy and Losses soon reduced him to his former necessity whereupon one upbraiding his Wife or his Whore as he now calls her for he saith he never married her and therefore though she is living he keeps or hath married another I say upbraiding his Wife with her Husband's Poverty she replied That her Husband not long before had five hundred Guineas whereupon the other declared he could not come by them honestly for his Trade would scarce find him Bread In Ale-house-keeping he run very deep in the Brewer's debt but just after my Lord's Murther he paid his Brewer Thirty Guineas in part which made the Brewer wonder how he came by so much Gold But not discharging the whole Debt and beginning to contract new the Brewer sued him and at last in Execution seised his Goods whereupon Mâ—jor Hawley for what reason is not unsuspected was a daily Solicitor to the Brewer for this Webster and at last offered a considerable Sum in discharge of the Debt This Webster very much abusing his Wife or Whore she told him That he was a Fool as well as a Rogue to abuse her so when he knew it was within her power to hang him and one in the Tower and naming as I have been informed Major Hawley for the Man in the Tower A great part of this is deposed and the whole ready to be proved But farther to disprove my Lord's cutting his Throat in the Closet Had my Lord cut his Throat standing in the Closet that part of the Wall as high as his Throat would have been all bloody for the Closet being about three Foot and two Inches wide it could not be otherwise for the Blood out of so large an Orifice might have gushed five Foot Or if my Lord had cut his Throat kneeling the blood in the Wall would then have
Chamber wherein the late Earl of Essex did cut his Throat whereupon the said Solder pointing to the Chamber in which the Earl had been Prisoner said that is the Chamber in which it is said the Earl of Essex cut his Throat The Doctor then asked the Soldier what he did believe to which the Soldier answered That he did believe in God but being prest by the said Doctor to tell him whether he did believe my Lord cut his Throat The Soldier then replied be would not say he did believe it for which only saying the Punishment aforesaid was inflicted And the more effectually to prevent any discourse that might give the least credit to my Lord 's being murthered our then Misgovernment took all possible care to punish or rather oppress such as should declare their belief thereof amongst which one of the Coroner's Jury upon the Earl's Body suffer'd under this Tyranny for this man some time after my Lord's Death discoursing concerning the Earl's Death and the several Irregularities which he observed practised upon my Lord's Body before they saw it and how they were not permitted to make that Inquiry which was necessary said to this effect That he did believe they viz. the Coroner's Jury were all infatuated to bring my Lord in Felo de se but he did suppose had they not been hurried into their Inquisition they should have found it otherwise For this Discourse this honest poor man was prosecuted upon information and fin'd at first I have heard 300 l. but it appearing he was very poor his Poverty prevail'd for a mitigation of his Fine and his Age and great Infirmities of Body together with the charitable Intercession of a Gentleman of Interest in the then times avoided the corporal punishment which he had otherwise undergone If such practices as these were us'd by our then Court to prevent my Lord 's but being suspected to be murthe'd it could not be suppos'd that any encouragement should be given to a full detection and therefore all proposals in order thereunto were to be rejected an Instance whereof was as followeth viz. About six weeks after my Lord's Death there was a Letter unsealed left with one Mr. Cadman then living in Durham Exchange the Letter was directed to the Right Honourable the Countess Dowager of Essex the substance of this Leter was That if her Honour could prevail with the King for the Author's pardon he would ingenuously make a full discovery how by whom and whose Order my Lord was Murthered and this Letter did assure her Honour that the DUKE of YORK and were authorizing this Murther This Letter was subscribed P. B. By the Hand that writ it and the Letter subscribed it was Paul Bomeny before-mentioned who did once blasphemously say That he could as well tell how my Lord came by his Death as God Almighty himself for the Letter was fairly writ in a hand between a Roman and an Italian and such an Hand Bomeny when he would write fair did write besides the two letters subscribed are the letters of his Name I do suppose it may be objected That this Letter cannot be thought to be writ and subscribed by Bomeny for the Letter had it been brought in accusation against him and prov'd to be his would have cost him his life seeing herein he confess'd himself guilty of the Fact But with submission I think Bomeny by this Letter could it have been proved to be his own writing was in no danger at all of being punished for had they seized Bomeny they would have catched a Tarter should they have proceeded against him for this Murther upon this Confession the World would have believed the whole Contents of this Letter to be true and consequently that the Duke of York and authorized or rather commanded this most treacherous Murther And then pray consider what that Government could have got by such prosecution conviction and punishment This Letter was carried by Cadman to a Justice of Peace and by him to the Secretary of State but this Bookseller was never sent for nor any enquiry made after the Author The backwardness of the then Government in not examining into the matter gave just grounds of suspicion they were too well satisfied in the Truth of the Contents which was of such a nature as it could not bear an Inquisition for that would have centred in His Ruine who was then by Blood and Cruelty and other illegal and oppressive Methods endeavouring the total Subversion of our Church and State and this by the removal of some of the Chief of those Noble Lords and Worthy Gentlemen who had ever opposed their Arbitrary Designs Amongst which this Noble Lord and the Right Honourable the Lord Russel they did esteem two of the Chief Had none then in Authority and Power been concerned in this barbarous Treachery and had our then Government had the least desire to know this Truth in order to a just Punishment of those bloody Villains with what diligence would they bave search'd out the Author who desired no other Reward than the Security of his Life and in order to his Indemnity if they could no otherwise have found him out a Proclamation of Pardon would immediately have been issued forth by which the Author would have been assured of his Life and then without doubt according to his promise would have laid open this bloody deed of darkness Hath our Age ever seen or known recorded any Murther admit this one committed within this Kingdom that hath been all its Circumstances considered attended with such aggravations We have seen a Reward of 200 l. as well as a Pardon by Proclamation offered for the discovery of those bloody Ruffians who barbarously wounded but design'd to have murdered that Worthy Gentleman Mr. Arnold And was there not 500 l. and a Pardon by Proclamation promised to Him or Them that should detect the Murther of Sir Edmundbury Godfrey Such means as these would have been likewise in this Case used if such who then misled Charles 2. and corrupted the State had not been the deepest in this black Contrivance This Bomeny soon after my Lord's Death gives an eminent Divine an Account to this effect viz. That his Lord did use to be taken with sudden frenzical Passions and in particular with one that morning he died just before his Death For said this vile Judas as soon as my Lord saw my Lord Russel go to his Trial he struck his Breast and said Himself was the cause of my Lord Russel 's misery seeing he had vouched for that Gentleman whose Treachery would prove my Lord Russel 's Ruine c. and hereupon fell almost distracted But this Fellow 's repeated Oaths give the Lye to this Forgery Before the Coroner in the coclusion of his first a Page 35. Deposition he swears That on Thursday night which was the night before his Lord's Death the Earl was very merry at Supper AND DID NOT SEEM TO BE DISCONTENTED THE NEXT DAY And when one
barbarous Murther her Husband should have a general Pardon and both Him and Her provided for But if her Husband was innocent notwithstanding whatsoever was said to the contrary and should take upon him a Crime for any advantage whatsoever of which he was not guilty he deserv'd to be Hang'd here and Damn'd hereafter seeing by his Perjury he would make Justice an Instrument of executing the worst of Murthers But if he were indeed the Man and should surrender himself and discover the whole matter he must be sure to keep within the limits of Truth for should he be detected in the least Perjury no man was ever more vigorously prosecuted nor any more severely punished than he for such his Perjury must expect to suffer These were the Arguments with which I would have suborn'd as that Letter calls it Holland to a full Discovery And I do appeal to all the World Whether admitting this to be true as it will be proved when occasion serves I deserve this villanous Charge For the truth of this I do appeal to the Consciences of Mrs. H. Mr. P. and Mr. S. with whom I several times treated in this Affair I shall now mention one or two more Objections against my Lord's being murder'd and then draw to a Conclusion The first is this viz. the Right Honourable the Lady Countess-Dowager of Essex having heretofore declared whether lately I cannot say That she did believe her Lord cut his own Throat and being so possessed some time after this Committee had several times sate she desired several Lords amongst which some were of this Right Honourable Committee to meet at her House and after her Honour had acquainted their Lordships with the occasion of her request an eminent Divine and now Bishop did inform their Lordships what were the Reasons that moved her Honour to believe that her Lord did indeed lay violent hands on himself the Chief if not the Only whereof was That some short time before my Lord's Commitment to the Tower his Lordship seemed to be under a great concern of mind but then declared That the trouble he was in did not arise from any thoughts of Self-preservation for Himself was the least of his Care but the thoughts of his Family what would after his Death become of them was what did indeed trouble him As for himself he was resolved what to do SEVERAL TIMES VERY RESOLUTELY REPEATING THAT EXPRESSION AS FOR MY SELF I AM RESOLVED WHAT TO DO This I was told by a Gentleman then present who as I have great reason to believe would have represented every thing to the best advantage as far as Truth would permit on the behalf of such Objections But with all submission to such Judgments as are sway'd with this Objection I think it carries not that force which many imagine For is there nothing to which that Resolution of his Lordship might so probably have relation as a Self-destruction was that the only or the most likely thing he was resolved to do I do humbly conceive a little consideration may afford us both a more charitable Opinion of his Lordship's Resolution and somewhat more probable than Self-murther to be assigned as what his Lordship was resolved to do For when I consider the time when his Lordship was apprehensive of the like danger as threatned him just before his last Imprisonment viz. when my Lord Shaftsbury and my Lord Howard c. were committed to the Tower and a Gentleman who had a very great Honour for his Lordship as all good men had who had the honour to know him in true Zeal for his Lordship's preservation having heard that the Court designed likewise to commit my Lord of Essex and to take off many in Form of Law or rather that which they falsly called so went to his Lordship and informed him of what he had been told and humbly submitted it to his Lordship's Judgment Whether it were not proper for some time to withdraw till the fury of the Court by time was a little appeased This Gentleman told his Lordship He found by the Papists that they did design to take off several and his Lordship being to their Arbitrary and Popish Designs as great and profess'd an Enemy as any he did fear his Lordship might not be safe from their pretended Justice when once within their Power My Lord hereupon smiled and said very sedately and yet very resolutely That he would not stir though he did expect the Court would proceed very far not only to the Imprisoning but against the Lives of many and if God in his Providence should think fit to suffer him to fall a Sacrifice to the Malice and Rage of the Court he did hope and did not doubt but the World should see that he could die with as GREAT RESOLUTION as ever his Father did for he was ready at all times and upon all occasions to lay down his Life for hiâ— Countrey Reflecting therefore on my Lord 's declared Resolution of his not stirring though then under the like danger as in this case apprehended and with what readiness courage and chearfulness he could lay down his Life for his Country and likewise the knowledge that he may be supposed to have of the then Court-Designs which those Villains nine days before his Death declared for it is a Vide D. Smith's Evidence first mentioned sworn the Papists then said The Earl knew so much of their Designs and was so very averse to their Interest that they could never carry them on UNLESS HIS LORDSHIP WAS TAKEN OFF AND HIS LORDSHIP WAS THEREFORE TO BE MURDERED I say when I consider these things and that the more this Honourable Lord knew of the black Intrigues of the Court the more so good a Man and so true a Patriot must be supposed to hate them I can't but imagine that this brave State-Champion when he had been once satisfied that the Court under colour of Law would have taken him off had RESOLVED AS TO HIMSELF to lay open those Popish Arbitrary Court-Contrivances and justified that just Design of standing upon their Guard there was no other way under God to defend what was so grosly invaded Now though his Lordship might suppose by dealing thus plainly he should the more exasperate the Court so that their Malice would be more inveterately bent in his Destruction yet that he declared he FEARED NOT but was ready chearfully to lay down his life in so just a cause And should this daring true Lover of his Countrey have thus expired by his State-Martyrdom he would have given such satisfaction in the Truth of what he thus couragiously with his last breath should have affirmed as would have raised a general hatred against those Arbitrary and Popish Court-resolutions and this might so suddenly have given another so general a Resurrection to that just Cause as would have totally routed those true and only Enemies of both Church and State Our then Enemies under colour of Law were industriously endeavouring the
total Subversion of our Laws and whilst in shew they seemed to maintain the Protestant Church they were secretly contriving its total Destruction by wresting those very Laws which were chiefly designed as destructive to Popery and making them productive of what they were enacted to destroy For by a malicious and furious Prosecution of all Protestant Dissenters they did hope to raise so general Animosities between the Conforming and Non-Conforming Protestants that they might through such division have an opportunity to fulfil that notorious Jesuitical Maxim Divide Impera The late E. of Essex had the least reason to despair of the late King's Mercy for should his Lordship have been convicted through False Evidence or Corrupt Judgment in the Court by their adjudging that to be Treason which the Law never made or designed to make so as they did in the Case of the Right Honourable the Lord Russel and some others No Nobleman in England had better grounds than his Lordship to presume upon the late King's Mercy seeing his Lordship's Father had sacrific'd his life in that King's Service wherefore his then Majesty had good reason to declare when His Highness not many hours before the Earl's Death said the Earl ought to be taken off that he was resoved to spare his Lordship for what his Father had suffered this you find before by b Hughs and Gladwin 29. two sworn to be declar'd by Ruddle who heard it that very morning my Lord was murther'd And this account of Ruddle seems the more probable by what his then Majesty is generally said to have declar'd soon after he heard of that deplorable Accident viz. That he did much wonder his Lordship should murther himself and not trust to his Mercy seeing he ow'd him a Life Considering therefore that his Lordship had so good cause for hopes of Mercy under the greatest danger even Conviction there is the less reason to believe THAT HIS LORDSHIP HAD RESOLV'D TO DESTROY HIMSELF I find this Objection from the Right Honourable the Countess Dowager of Essex hath been generally us'd as what should convince every man that the late Earl did indeed cut his own Throat But I would fain ask those Gentlemen who immediately run away with this as what is sufficient to answer whatsoever seems to prove the contrary Whether it is within the power of belief or disbelief of a fact either to alter the nature or destroy the existence of a Fact Most certainly none will be so ignorant as to assert That any thing becomes true by being believ'd or false by being discredited for then according to different perswasions a thing would be and not be at the same time which is impossible Wherefore no man should be implicitly sway'd by the bare belief or disbelief of another without knowing and examining the reasons of that belief or disbelief for this is to act in the belief of matters of Fact which we justly condemn in the Church of Rome in matters of Faith But when the truth of a Fact is question'd and reasons given pro con every man is naturally sway'd by those Testimonies which to him seem the strongest for the proof or disproof of that Fact and no man but such as are easily impos'd upon or are willing to impose upon others will oppose to such Evidences as naturally proves a Fact another's bare disbelief of the Fact But before any unprejudic'd Person will be influenc'd by another's disbelief against the proof of the Fact he will know and well weigh the grounds of that disbelief and compare their strength and natural efficacy with that Evidence that seems to prove the contrary and having judicially weigh'd both in an unprejudic'd ballance which side draws down MUST naturally draw his belief for no man can believe what he would but every man MUST believe according as his Judgment stands inclin'd to assent upon such Evidence as to him seems sufficient Prejudice I must confess naturally indisposes and corrupts men on either side according as they stand affected For as some are induc'd to ASSENT upon such Evidence as is in it self INSUFFICIENT so others many times DISSENT upon such as is SUFFICIENT Amongst the first of these viz. the CREDULOUS a Reverend B. some time since rang'd me For tho his Lordship heretofore did charitably excuse me from any malice or ill design yet as I have been credibly inform'd he hath been pleas'd to say that I am of a very strong imagination and possess'd with a Phancy that a thing is without rational grounds to believe the thing to be But I dare now appeal to his Lordship 's own Judgment whether Credulity is more justly chargeable on the belief of the Self-murther or its contrary That is to say whether such as believe the late Earl of Essex murther'd himself because his Lordship some days before his Death several times declared as for himself he was resolv'd what to do And a To an Eminent Divine because Bomeny pretended contrary to what he twice swore that morning of his Lordship's Death my Lord was taken with a fit of a Phrensy and because Bomeny Monday Russel and Lloyd the three latter being three of those b Vid. before page 16 17. in whose custody my Lord was and who as Mr. Attorney in his Information against Mr. Speak and my self sets forth were consequently charged with my Lord's Murther to save their own lives with Halters about their Necks endeavour to prove his Lordship a Felo de se by their Relation which in every part is contradictory to each other For Bomeny first c Before the Coroner Vide the Deposition pag. 34 35. swore he delivered my Lord the Razor about Eight of the Clock in the morning the very day of his death and within two hours d Vide the Second Deposition pag. 2 3. deposed he did deliver this Razor to his Lordship about Eight of the Clock on Thursday morning the day before his death But Russel e Russel's Depositions p. 4. deposed That he saw this Razor deliver'd by Bomeny about Eight or Nine of the Clock on Friday morning being the day my Lord dy'd and did ever declare and still asserts that this Razor was delivered AFTER Monday the Warder had left my Lord's Chamber-door and that it was delivered f R's Deposit page 4. within less than half an hour of the time they found his Lordship dead in the Closet both which g Whitechurch and Jorden p. 35 36. Monday if Contradictions can confirmed by declaring that this Razor my Lord had and pair'd his Nails with it When his Lordship's Chamber-door was first opened that morning viz. about Seven of the Clock about two hours BEFORE Russel came up stairs to stand Warder at the Door Bomeny first h Bom. Dep. p. 34 35. swore that he first opened the Door upon my Lord's Body in his i Bom. Dep. p. 2 3. second Information deposed That he did not but seeing blood and part of
the Razor through the Chink he call'd Russel the Warder and Russel push'd the Door open and in his k Speak and Braddon 's Trial p. 55. third Oath declar'd he knew not who open'd the Door Russel l Page 4. depos'd before the Coroner That he first open'd the Closet-door the Key being on the outside and he mentions no difficulty in the doing it but Monday m White-church 's Inf. page 35. declar'd the day my Lord dy'd and n Jord Inf. page 36. afterwards confirm'd the same that my Lord's Body lay so close against the Door that neither Bomeny nor Russel could stir the Door but he being much stronger than either thrusting with all his might broke it open These Mens Depositions and Relations THUS AGREEING in every part in proof of the Self-murther can't but satisfy all men except such as are like my self of strong imaginations and too easily inclin'd credulously to believe the contrary And whereas Bomeny Monday and Russel have o Bom. Dep. p. 2 3. Bom. Dep. 35. Speak and Braddon 's Trial p. 57. depos'd or often declar'd That the Razor was lock'd into the Closet with the Body and p Mond and Russ in their Examination before the Lds. no Razor thrown out of my Lord's Chamber-window before his Death was discover'd It 's q Vide ante page 42. the Second Column prov'd I do humbly conceive to the satisfaction of more than the Credulous that there was a bloody Razor thrown out of my Lord's Chamber-window which is about sixteen Foot from the Closet where the Body lay and the Maid who caried up this Razor first Discover'd my Lord's Death to those out of the House wherefore the Razor was afterwards laid by the Body for to colour the pretended Self-murther and when my Lord's Body was seen in the very posture in which the Warders pretended it was first found his Lordships legs r Turner and Peck p. lay part outside the Closet-door and therefore the Door could not be lock'd and upon his Stockin the print of a bloody Foot coming out of the Closet wherefore somebody before that and after my Lord was Dead had come out of the Closet Is there not rational grounds from the many contradictions before observ'd for any man tho not possess'd with prejudice against the Self-murder to believe that there was no Razor delivered to my Lord just before his Death nor the Closet-door lock'd upon the Body or the Razor first found lying by the Body as these have Sworn whose Interest and Lives depend upon the proof of the Self-murder and consequently their relation a forgery throughout by which they would prove his Lordship Felo de se But farther to excuse from partiality such as disbelieve the Self-murder upon the Evidence before observ'd in all parts contradictory and from credulity because they are perswaded that his Lordship fell by treachery and violence seeing they find it s D. S. p. 22. Sworn to this effect viz. That about nine days before my Lord's Death the Papists declared That because the Earl of Essex knew so much of their designs and was so very averse to their Interest he was to be taken off and that his HIGHNESS HAD CONCLUDED AND ORDER'D HIS THROAT TO BE CUT and had promis'd to be there when it was done and about three days after these men said that it was resolved the Earl's Throat should be Cut but they would give it our he had done it himself and if any should deny it they would take them up and punish them for it and the very day it was done after my Lord's Murder they seemed extremely overjoy'd and confessed THEY HAD DONE THE FEAT AND COULD BUT LAUGH TO THINK HOW LIKE A FOOL THE EARL OF ESSFX LOOKED WHEN THEY CAME TO CUT HIS THROAT and that this is not a new made Story but long since revealed to many who did caution this Deponent to secrecy appears by the Testimony of t Mr. Rowden Mrs. Rowden Mrs. Mary Rowden Mr. Adams Mrs. Adams Mr. May and Mr. Tourny p. 23 24. six or seven Witnesses and for a farther confirmation of the truth of that Consult u Mrs. Hewits Christophers and Mrs. Swans p. 24 25. three Depositions which were made to destroy the Creditt of that Deponent are detected and by v Morris Dupine Baldham Doushwait Bond and Mr. Welstead p. 24 25 26. many Witnesses proved false in every part but as farther rational grounds and not strength of imagination for this barbarous Murther x Mr. Hubland Mrs. Hubland Mrs. Meux Trehem Burgis Savage and Mr. Butteo Maynoe will attest the same p. 26 27. Eight Witnesses have proved That before the Earl's Death or before his Death could be known was it reported in many Parts of England that the Earl of Essex had cut his Throat in the Tower all these several previous Reports agreed in the manner how viz. cutting his Throat and place where viz the Tower though at some of those Places when so reported it could not be known that the Earl of Essex was a Prisoner in the Tower and one of these previous Reports the next day after my Lord's Commitment viz. the Wednesday pretended to give the reason wherefore the Earl cut his Throat that is to say because the King and Duke being in the Tower he was af aid his then Majesty would have come up into his Chamber and seen him but his Guilt and Shame was such as he could not bear the thought of it and therefore cut his Throat to avoid it this being said about 60 miles off two days before the King and Duke went to the Tower and the very next day after my Lord's Commitment wherefore many that are not of too strong an imagination credulously to believe without grounds from those very particular previous Reports as to manner place and pretended reason are apt to think that the MANNER HOW THE PLACE WHERE AND PRETENDED REASON to be given out WHEREFORE were all previously agreed upon some days before my Lord's Death for they cannot perceive how my Lord's Death in all its parts as it was afterwards pretended to be acted could be so particularly related in so many and far distant Places from each other And though those who had my Lord in close Custody Monday Rus-declare this before the Lords to excuse themselves from a barbarous and bloody Treachery did declare That no men were let in to my Lord that morning he died yet many rational men not credulously inclin'd to believe without cause are verily persuaded to the contrary because it is y Hughes and Gladwin Bampton and his Wife 29 30. proved That two Soldiers who have been prevented from giving their own Relation the day of my Lord's Death declared That they saw His HIGHNESS send two men to the Earl's Lodgings to murder the Earl and that his HIGHNESS did send two Men towards the Earl's Lodgings just before his Death and tbat these two Men
soon after returned and said The Business was done appears by the z Mr Essington 30. Testimony of him who saw His HIGHNESS send those Men and their return to His HIGHNESS And it 's farther a Lloyd's Confession Mr. Story Mr. Tempest 27 28. proved That the Centinel who kept my Lord's Outward-door confessed by special Order he let in two or three to my Lord of which Webster was one who that night produced my Lord's bloody Pocket-handkerchief and the next day a Purse of Gold of 49 Guineas and a Pistol though he was very poor before just before his Death and that upon those mens going in to my Lord's Chamber there was so great a trampling and bustling that the Centinel would have forc'd in after them but could not because the first door was made fast and that upon the bustle he heard somewhat thrown down like the fall of a Man which he did believe to be my Lord's Body soon after which it was pretended my Lord cut his Throat And for what those Men were thus bustling appears by the Murther which was several times very loud and very dolefully cried out during this bustle and this heard by b Mrs. Bascomb 28. one who saw this bustling and soon after revealed it but was cautioned to secrecy for her safety by c Mr. Perkins 29. him who in this respect upon Oath hath confirmed the same And that his Lordship made use of his Hand to prevent as well as his Tongue to discover that Villany which he saw design'd his Destruction is verily believed by those who find it proved That there were several Cuts in my Lords Right-hand viz. d Mr. Stullingford 40. One upon his Fore-finger near the top another on the same Finger next the hand e Turner and Peck One upon the fourth Finger another on the Little-finger and a fifth f Mr. Sherwood the Surgeon 45. about two Inches long in the Palm of his Hand And lest my Lord 's Cravat which was g Mary Johnson who stript the Body confessed this Johnson and Tovey 32 33. and Alice Carter declared the same cut in three pieces and the print of a bloody Foot upon my Lord's Leg as before observed with other Circumstances which might have been discovered had the Jury seen the Body in its first posture and the Cloaths in which his Lordship died might have occasioned a Discovery speedy care was taken that the Body should be h This is sworn by the Coroner and several of the Jury stript though His then Majesty * T. Howard Esq had ordered all things to remain till the Coroner's Jury saw the Body and the Cloaths carried away and the Room and Closet washed before the Jury sate upon the Body And when i Mr. Fisher p. 44. one of the Jury desir'd to see the Cloathes in which my Lord dy'd the Coroner hereupon was immediately call'd into the next Room and returning in some heat told the Jury it was the Body and not the Cloathes they were to sit upon the Body was there and that was sufficient and when it was perceived that k Mr. Fisher p. 46. some of the Jury were doubtful of my Lord's Self-murther because his Lordship was very deservedly esteem'd a very good man and therefore not to be thought Felo de se Major Hawley to remove this Objection and to corrupt the Jury with a lie tells them to this effect viz. That whosoever did believe Self-murther unlike my Lord of Essex did not know his Lordship for every man that was well acquainted with the Earl knew that it was a fixt Principle in his Lordship that any man might cut his Throat or otherwise dispose of his Life to avoid a dishonourable and infamous Death and therefore this Action was according to the Lord of Essex 's avowed Principles But when Major Hawley was charg'd before the Lords with this Suggestion he did utterly deny it and professed that he never heard it said to be my Lord's Principle till their Lordships charg'd him with having suggested it and therefore be could not suggest it Besides he was not nigh the Jury at the Victualling-house any time whilst they were there upon their Inquisition but the Major had given them another reason not to forget his being then there for it is prov'd by one and ready to be prov'd by many then present that some of the Jury were for adjourning their Inquisition and immediately to give notice to my Lord's Relations so that if any thing could be prov'd on my Lord's behalf it might be heard This Major Hawley steps in and prevents it by protesting l P. 46. 2d Col. that his then Majesty had sent an Express for their Inquisition and His Majesty had declared that he would not rise from Council 'till it was brought and therefore they could not adjourn but must immediately dispatch In answer to this the Major protests that he was not near the Jury at that House and so did not or could hasten them But the Major was so well known to the Coroner Surgeons and Jury that it 's highly improbable all should be mistaken The timing my Lord's Death and the speedy hurrying it away to the Old-Bayly and the immediate use that was made thereof as an Evidence from Heaven of his Lordship's Guilt and of the truth of the Charge against the Right Honourable the Lord Russel then upon his Tryal and the corrupt influence it had upon the Court Council and Jury so that they did at one stroke virtually destroy two of as great Patriots as this Age or Nation ever knew and of whom we were no longer worthy This might be us'd by Impartiality it self as a probable Evidence of this Treacherous Cruelty The unjust Methods and Violence us'd to prevent any search after or discovery of this unfortunate Lord's Death are farther rational Inducements for sober men to believe this Murther when they find that m Vide p. 8. I was committed as soon as I came to White-hall with the Persons to be sworn with relation to my Lord's Death and this before either my self or any person had been examined and consequently before any thing criminal could appear against me And afterwards Mr. Speak and my self prosecuted and represented especially my self as the worst of Criminals tho' nothing like a Crime was proved against me admitting for true every thing sworn at my n I do appeal to the Tryal as Printed Tryal where those in whose Custody my Lord was o Vid. 16 17. and consequently whom we would have accused of my Lord's Murther were called a CLOUD of Witnesses to prove the Self-murther The Prosecution of p Mr. Colson page 52. one of the Coroner's Jury for declaring That he believed they viz. the Jury were all infatuated to find his Lordship Felo de se but he did suppose had they not been hurried they might have found it otherwise is an other instance of the severity of the Government with relation hereunto and the cruel usage of an q Ab Jorden p. 49. old Soldier in feeding him with Bread and Water in the Hole and afterwards causing him to receive Fifty three stripes with great force tho the usual Number was but Twelve and then telling him He ought to be Hanged for saying what he did and so discarded him and all this only for declaring when often pressed to give his opinion with relation to my Lord's death Whether he did believe his Lordship cut his own Throat Declared That he would not say he did believe it But greater Cruelties than these some bloody men may be supposed to have used to prevent a discovery of my Lord's Murther for Mr. Hawley who r Vid. ante pag. 49. KNEW THAT I KNEW NOTHING WITH RELATION TO MY LORD'S DEATH and his too freely imparting his own Knowledg'd in the matter is thought to have caused him not to run away but to be murther'd And honest Robert Meake s Bampton and his Wise and Davidson p. 49. protested the very day he was murther'd that he did fear that same day he should be murther'd for what he knew and had declar'd concerning my Lord's murther and the very next morning was found dead in the Tower Ditch And whether poor Ruddle was shot to death in the Indies where I 've heard he so dy'd for his knowing and revealing what he knew of this Murther time may discover To proceed no farther Now whether that CLOUD of three or four Witnesses in whose t Pag. 16 17. custody my Lord was to avoid being charg'd with treacherously consenting to my Lord's Murther with Halters about their Necks by contradictions endeavouring to prove the Self-murther or that GREAT CLOUD of upwards of sixty Witnesses for more have been and will be examin'd with relation to my Lord's Murther which swear not for their own lives but stand recti in Curia being Persons unprejudic'd deserve the most credit must be left first to the Right Honourable the Lords before whom this Cause will in convenient time be reviv'd and afterwards to such other Judicatures before which this matter may hereafter be brought till when it 's not proper to publish what might be farther said But I do humbly conceive I have herein already furnish'd you with sufficient grounds to satisfy some who have been deceiv'd by misinformation that there are more Arguments than they could have expected to clear his Lordship's Innocence and less reason for them to believe that I have us'd such villanous Practices as my greatest Enemies have suggested or as some of my pretented Friends would Insinuate am possess'd with such heat of imagination as credulously to believe a thing to be without rational grounds to convince me that it is Sir As you already have so I doubt not but you will as becomes a Friend endeavour to rescue me from the slanders of such as have unjustly accus'd me and likewise from those Reproaches which have been uncharitably taken up against SIR Your highly obliged and ever faithful Friend and Servant L. B. April 15. 1690 FINIS
to truth and hatred of such a treacherous and bloody Murther had not even forced it from them to the hazard of almost their lives by such their Relation 'T is true no man ought to suffer barely upon hear-say Evidence but such Testimony hath been used to corroborate what else may be sworn and of it self may in some cases be enough to give satisfaction in the general of the truth of a matter and no farther is it here us'd and I would have all men consider the many such Testimonies heretofore produced amongst which I shall only mention one which had an immediate relation to my self Mr Blaithwaite Clerk of the Council in 1683. and as I think still in that post at my Trial pag. 22. being sworn on the behalf of the King against Mr. Speake and my self in his Relation of what the Young Edward's Sister should declare to the Council-Board viz. That Braddon compelled the Boy to sign it the Paper the young Edwards signed This you find to be Hear-say-Evidence and the Author the Sister then in Court but testified no such thing therefore this Hear-say-Evidence ought if any ought to have been rejected and yet this Hear-say-Evidence though not confirmed by the Author then upon Oath was not only admitted but ordered to be Printed in the Trial in large Capital Letters How much sooner ought the Evidence of Bampton and his Wife as to what Meake declared and of Hughes and Gladwin as to Ruddle's Account be particularly remarked seeing Meake and Ruddle we cannot now produce in Court as that Author was they especially the first being supposed to be murdered by way of prevention by that bloody Party that murdered my Lord. But the next Account of these two Men being sent as before by His Highness shall be from the first hand Mr. Peter Essington declareth and before the Lords in substance hath deposed That he this Informant was in the Tower that morning the late Earl of Essex died and about a quarter of an hour before the said Earl's Death was discovered this Informant observed His Highness to part a little way from His Majesty and then beck'ned to two Gentlemen to come to him who came accordingly and this Informant did observe His Highness to send them towards the Earl's Lodgings and less than a quarter of an hour after this Informant did observe these very two Men to return to his Highness and as they came they smiled and to the best of this Informant's hearing and remembrance said The business is done upon which His Highness seem'd very well pleased and immediately thereupon His Highness went to His Majesty soon after which News was brought to the King That the Earl of Essex had cut his Throat I do expect that will be objected to this which heretofore hath been viz. That it cannot be thought the late Duke of York admit he was so bad as to give Order for such a Fact would be so impolitick as to send the Ruffians so that any People might see their Mission and their Return But I desire such would consider this Murther in all its Circumstances and then tell me Whether those bloody Varlets had not all the reason in the world to have all the Security could be expected or desired You well know that my Lord of Essex was deservedly very Popular and therefore a Parliament that should have had the least Information of this treacherous and bloody Murther would have prosecuted the matter with all the diligence and vigour such a piece of barbarity deserved Now should they in such their Inquisitions have detected those treacherous Villains these bloody Men without a full discovery must have expected no Mercy and should the Duke have employ'd them in his Closet only and they could not by any Circumstance have given satisfaction that they were his hired Journey-men in this piece of great Service their Evidence against him had not been the tenth part so credible as it would have been could they have proved that they were sent by His Highness towards the Earl's Lodgings just before his Death and soon after returned to His Highness before others knew that this cruel Tragedy was finished This Circumstance I say would have so corroborated their Evidence against their Master that none could in the least have doubted of the truth of their being so employed that were once satisfied they were as before sent by and returned to His Highness This then obliged his Highness under no less obligation than Self-preservation to skreen those his faithful and ready Servants from any Prosecution well knowing that his own Interest and indeed Life was wrapt up in theirs Wherefore I think this matter was very cunningly managed as to the Security of these Cut-throats from the hands of Justice either in their Punishments or Prosecution And it could not possibly have been done with greater Safety to the persons of those that did it The Centinel Lloyd declared He could not be positive whether Major Hawley or the Warder let the men into the outward door But Major Hawley pretends He could not for he as he saith went out of his House at Five a Clock in the morning and did not go nigh his own House till News of my Lord's Death was brought him by Monday the Warder and therefore he could not open the door to any that went in just before my Lord's Death This reason of Major Hawley is equally true with what else he saith in his Defence as appears by this Information RIchard Nicholson in the Ward of Queenhithe Corn-Factor Deposeth That the day of the Earl of Essex his Death this Deponent was a Watder in the Tower and stood Warder at the Inner-Towergate that morning the Earl dy'd before the Earl's Death and by Major Hawley then Gentleman-Porter of the Tower ordered to let no man into the Tower or cut of the Tower This Deponent further deposeth That about Eight of the Clock or a little before whilst this Deponent was Warder at the Gate as aforesaid he did observe the said Major Hawley five or six times turn up towards bis own House through the Gate over-against the Traytors-gate leading towards his own House and about Eight of the Clock the same morning this Deponent was desired by a Stranger to let him into the Tower for which the said Stranger gave this Deponent a Shilling This Deponent let him through the Gate the said Major Hawley thereupon came to this Deponent in great fury and checked this Deponent for letting in the said Stranger into the Tower This Deponent further deposeth That Major Hawley ordered this Deponent with several others to go Warder with the Lord Russel to the Old-Bailey and as this Deponent was going with the Lord Russel to the Old-Bailey viz. about Eight of the Clock he passed before Major Hawley's House and did observe Major Hawley then to go into his own House Jurat ' 9º die Aug. 1689. coram me Tho. Pilkington Mayor Richard Nicholson That Major Hawley was in