all Oponents the matter is as I do humbly conceive so far detected as Circumstantial Evidence is almost capable of and those that will not be convinced of the Truth of a Murder unless positively attested demand such Proof for their Conviction as no Law requires Now that the God of Wisdom Righteousness and Truth may direct and prosper your Lordships in this and all other Vndertakings is the Humble Prayer of My Lords Your Lordships most Humble and Obedient Servant P. V. The CONTENTS p. for Page c. for Colume THE Introduction Pag. 1. Col. 1. False Reports to prejudice the Discovery p. 2. Two Orders of the Lords p. 3. c. 1. How this Case first came before the Lords p. 3. c. 2. My Lord of Essex's Commitment to the Tower p. 4. c. 2. Bomeny 's Information before the Coroner printed p. 5. c. 2. Russel and the two Chirurgeons Informations before the Coroner p. 6. c. 1 2. The Substance of what was sworn before the Coroner to prove the Self-murder p. 6. c. 2. What Monday declareth p. 6. c. 2. What Major Hawley declareth p. 7. c. 1. Bomeny Monday Russel and Lloyd denied the letting in any Men to my Lord that morning my Lord died p. 7. c. 1. The Order into which the Evidence is divided p. 7. c. 2. Do. Smith 's Evidence to prove the Papists Resolution nine days before my Lord's Death to cut my Lord's Throat p. 8 9. An Objection against this Evidence p. 9. c. 2. An Answer to this Objection p. 9. c. 2. D. Smith 's Evidence no new made Story but long since revealed p. 10 11 12. Farther Objections against D. Smith 's Evidence and these Objections answered p. 12. c. 2. p. 13 to 22. Many Reports in several Parts of England before my Lord's Death that the Earl of Essex had cut his Throat in the Tower p. 22 23. All Reports agree in the Manner how and Place where p. 23. c. 2. An Objection against the Reports p. 24. c. 1 2. An Answer thereunto p. 24. c. 1 2. F Evidence proves that the Report before my Lord's Death sets forth not only the Manner how and the Place where my Lord died but likewise the pretended Reason wherefore my Lord cut his Throat p. 22 24. An Objection against F Evidence p. 24. c. 2. p. 25. c. 1. An Answer to this Objection p. 25. c. 1 2. How the Earl's Death became so generally reported in so many Places and particularly as to Manner Place and pretended Reason before he was dead p. 26. c. 1 2. A short Inference from these Reports p. 27. c. 1. What passed the day my Lord died p. 27. c. 1. The letting in the Ruffians to my Lord just before his Death p. 27. c. 2. p. 28 29. An Objection against this Evidence p. 30. c. 1. An Answer to this Objection p. 30. c. 2. M. B. proves a great bustling between three or four Men in my Lord's Room just before my Lord's Death and one in this bustle crying out very loud and very dolefully Murder Murder Murder p. 31. c. 1. This Evidence of B. not now made but revealed by B. just after my Lord's Death p. 31. c. 1 2. The Reason that M. B. refused to depose what she knew in this Case p. 31 c. 2. p. 32. B 's Testimony confirms Loyd 's Confession p. 33. c. 1. An Objection against B 's Evidence p. 33. c. 1. An Answer thereunto Eodem The Sentinel a Confederate p. 33. c. 1 2. The D. of Y. sends the Ruffians to murder my Lord p. 33. c. 2. p. 34. c. 1. An Objection against this p. 33. c. 2. An Answer to this Objection p. 33. c. 1 2. Further Evidence of the Duke's sending the Men to my Lord's Chamber to murder my Lord p. 35. c. 1. An Objection against such Evidence p. 35. c. 1. An Answer to this Objection p. 35. c. 1. Further Evidence of these Ruffians being sent by the Duke to the Earl's Lodgings p. 35. c. 2. A further Answer to an Objection against what R. and M. declared the day my Lord died p. 36. c. 1. Major Hawley suspected to let in the Ruffians into my Lord's Lodgings p. 36. c. 2. An Objection against this p. 36. c. 2. An Answer to this Objection p. 36. c. 2. p. 37. c. 1. Sir C. sent to the Old-Baily to give notice of my Lord's Death but forgets who brought Orders from his then Majesty for his going p. 37. c. 2. p. 38. c. 1 2. Bomeny and Russel suffered to hear each others Examination before the Coroner p. 38. c. 2. Bomeny 's first Information taken by the Coroner p. 38. c. 2. p. 39. c. 1. Bomeny suffered to go from the Jury into the next Room and there to write his second Information p. 39. c. 1. Bomeny 's Information which he so wrote p. 39. c. 2. p. 40. c. 1. Bomeny 's Information which was printed by Authority is different from that which he swore to p. 40. c. 1. The Reason Bomeny 's Information was printed contradictory to what he had deposed before the Coroner p. 40. c. 2. Monday declared the day before my Lord died and confirmed it afterwards that he saw my Lord of Essex with the Razor in his Hand as soon as the Gentleman-Goaler had opened my Lord's Chamber-Door and this above two hours before my Lord's Death and long before Russel stood Warder at my Lord's Chamber Door p. 41. c. 1 2. No Razor delivered to my Lord appears by the Contradictions between Bomeny Monday and Russel p. 42 43. c. 1. An Answer to those Contradictions p. 43. c. 1. This Answer insufficient Eodem Bomeny Monday and Russel swore or declared that my Lord pared his Nails with the Razor that morning my Lord died p. 43. c. 2. This appears false p. 43. c. 2. The Closet-Door not locked upon my Lord as Bomeny Monday and Russel have sworn or declared p. 43. c. 2. p. 44. c. 1. For what Reason Bomeny Monday and Russel have sworn and declared that my Lord's Closet Door was locked upon the Body p. 44. c. 2. p. 45. c. 1. Further Evidence against the Closet Door being locked p. 45. c. 1. No Razor lying by my Lord in the Closet when my Lord was first discovered p. 45. c. 1 2. W E proves a bloody Razor thrown out of my Lord's Chamber-Window before my Lord's Death was known p. 45. c. 2. An Objection against W E Testimony p. 45. c. 2. An Answer to this Objection p. 46 47. J. L. proves this bloody Razor being thrown out as before p. 48. c. 1. An Objection against J. L 's Evidence p. 48. c. 2. An Answer to this Objection Eodem Further Evidence of the bloody Razor 's being as before thrown out of my Lord's Chamber-Window p. 49 50 51. What might occasion the throwing out of the Razor before my Lord's Death was known p. 51. c. 1. Alice Carter supposed to take up this Razor and first to discover my Lord's Death Her Defence false
Men wink hard that they may not be convinced who will not reasonably conclude from those very Reports only were there no other sort of Evidence that this Brave and Honourable but unfortunate Earl was indeed barbarously Murdered for you may observe all those Reports in many Places of England Agree in the Manner how and the Place where for all said that the Earl had cut his Throat in the Tower One Report doth not say the Earl had destroyed himself which might have comprehended any manner of death neither do any of those Reports say That my Lord had Poisoned Stab'd Hanged or Pistolled himself all which are common ways of Self-destruction and either might have been practiced by any Gentleman under Confinement neither do either of those Reports differ in the Place where Note though all those Places where the Report was before my Lord's death that my Lord had cut his Throat in the Tower could not at the time of this Report be presumed to have been informed of my Lord 's being in the Tower I say all these Reports jump in one and the same manner of Self murder and all agree in the Place where viz. the Tower. This clearly proves that some days before my Lord's very Commitment to the Tower it was concluded not only that my Lord should be murdered in the General but likewise the Particular manner how and the Place where resolved upon For how could Froome being a Hundred Miles from London hear Wednesday Morning the 11th of July of my Lords being Prisoner in the Tower when his Lorship was not sent to the Tower till the day before being the 10th in the Afternoon Or how could this Commitment be well heard of at Andover about Sixty Miles from London on Wednesday Morning Tuesdays Post not being there till Wednesday in the Afternoon when the Commitment was not till the Tuesday in the Afternoon and yet at both these Places this very Wednesday Morning was it reported that the Earl had cut his Throat in the Tower. L. 'To me 't is beyond all doubt from what before appears that the Tower must be fixed upon as the place where this perfidious Cruelty was to be acted before my Lord was Prisoner in the Tower and the particular manner concluded in or otherwise the Reports as to the manner how and place where would have differed G. But how could it be supposed to be sent from hence the Saturday before my Lord's death that my Lord of Essex had cut his Throat in the Tower when it was well known throughout this Town that my Lord was not then in the Tower nor committed till the Tuesday following T. Upon the best Inquiry I could make and the most probable reason I can give how this came so reported in the Country before it was indeed done is this It was resolved upon as D. S. deposeth Nine days before my Lord's death that my Lord's Throat should be cut Now those that were privy to the whole Secret and were willing to oblige their Country Correspondents and Friends with this to that bloody Party grateful resolution That the Earl's Throat was to be cut in the Tower and laid to his own Charge and this to be done either soon after his first Commitment or upon my Lord Russell's Tryal which was put off some short time such as had received so weighty Intelligence were likewise willing and ready partly out of a desire to oblige their Friends in the Country to whom this Design might be as acceptable and partly out of an Itch of telling News and of being the first in the Country that gave Information of this to them glad-tidings not doubting but my Lord's Throat was indeed cut when it was first resolved upon to be cut viz. either upon his first Commitment which they might suppose would have been before it was all things being so resolv'd upon or upon my Lord Russell's Tryal which was to have been before it was but put off of which these Country Intelligencers might not hear These I say being informed that the matter was thus laid concluded the thing was done as it was so designed to be done and so reported the thing as done before it was indeed done G. I took more particular notice of F's Information Note than of either of the Eight If I mistake not F. swears that the Wednesday before my Lord's Death it was reported at Andover That the King and Duke being in the Tower the Earl was afraid the King would have come up into his Chamber and have seen him but his guilt and shame was such in consideration of his great ingratitude to the best of Masters that he cut his Throat to avoid it I desire to see this Information again T. You are as to the Substance in the right G. This looks as though the Story were made after my Lord's Death for the King and Duke went not to the Tower till Friday Morning and their then going was altogether a surprize to the whole Town And after the Earl's Death their being then there occasioned very gross reflections seeing they had not been as I have been credibly informed above twice together in the Tower since the Restoration Now that this unfortunate Action the Earl's Death should be cloathed in the very same circumstances as afterwards pretended to be done not only as to the Manner how ☞ the Place where but likewise the Reason wherefore which Reason sets forth the King and Duke's being in the Tower when the Earl did it and done to avoid seeing his Majesty for the Earl as was said was afraid the King would have come up into his Chamber and seen him but the King and Duke's being in the Tower could neither be foreseen nor expected this I say makes F's Evidence scarce credible T. Neither the Cutting the Earl's Throat or the place where it was to be done or who was to be there viz. the King and Duke when it was to be done could be either foreseen or expected by any but those who either laid this bloody Scene or were privy by Information to its contrivance and such as well knew or had been informed how this matter was resolved upon may well be supposed capable of giving a particular Information of this cruel Tragedy L. I do well remember that the very Morning my Lord dy'd there was a small Paper cry'd about of the Earl's Death wherein it was so represented and the common report of the Town then was That the Earl cut his Throat for the same reason so long before assigned by the report at Andover I must confess this is very astonishing and whosoever believes F's Evidence only must from such a belief be fully assured not only that the Earl's Throat was designed to be cut but likewise that it was contrived to be done in the same circumstances it was afterwards acted under for else it could not possibly be so circumstantially reported before my Lords Death not only as to the How and the
Death these were such as prevented the Jury from making those Observations you say were natural for them to observe for the Body was stripp'd and washed and the Clothes carried away and likewise the Chamber and the Closet washed before ever the Jury saw the Body and when the Jury the next day saw the Body my Lord lay stripp'd and washed in the Chamber and covered with a Sheet L. This was very irregular and contrary to all Practices when a Body is found dead especially under the suspicion of self-Murder I say under a bare suspicion for seeing none could be examin'd in the matter to give any Account how my Lord became dead but those immediately attending on my Lord and such being strongly to be suspected as privy to the Murder if my Lord were by others treacherously taken off the Body and all things with relation to it should have remained under the Circumstances first found in and the Persons thus attending on my Lord secured apart in order to their Examination so that they might not instruct each other and agree in a feigned Story to avoid the Discovery of their most perfidious Villany T. This had been indeed natural and according to King Charles the Second's express Order but contrary to both the matter was managed according as you have heard declared The next day after my Lord's Death the Jury met and viewed the Body at Major Hawley's House under the Circumstances before related and then the Jury were adjourned to a Victualling House in the Tower to consider of their Inquisition When the Jury had the Matter thus under Examination Mr. Fisher one of the Jury demanded a sight of the Cloathes upon which the Coroner was called into the next Room and returning in some heat said It was the Body and not the Cloaths they were to sit upon the Body was there and that was sufficient L. Who was it that called the Coroner into the next Room and to whom did he there go for it 's probable this was what these Gentlemen who ever they were then in the next Room would not have inquired into so strictly I desire to know their Names T. The Coroner protests he hath forgot who called him or to whom he there went. L. Forgot I must confess I have heard of the Art of Memory but never of the Art of Forgetfulness as none are so deaf as those that will not hear so none so forgetful as those that will not remember T. You are very sharp upon the Coroner of whom I have a more charitable opinion L. Your Charity ought not to blind your Judgment Can you believe this Gentleman forgets what he hath had all the reason imaginable to remember for seeing my Lord's Death was so soon after his Death questioned this must naturally put the Coroner upon reflecting on what passed which might argue either for or against the Murder I am sure these Reflections would have naturally brought to and imprinted in his Mind this particular Passage but peradventure should the Coroner true Answer make to this Point and confess that such Gentlemen in the next Room advised him to check the Jury for their too great Inquisitives this would have look'd like making himself an Accessory in Fore Conscientiae at least after the Fact and therefore self-preservation makes him forget what otherwise he might well remember T. I must confess you have some Reason on your side but seeing the Coroner is fair in his Answers to other Questions and hath by his ingenuity in discovering what we could not have otherwise known been assisting to a Detection I do from such his fairness and readiness argue for his Innocence L. He is fair I find in his Answers to such Questions as touch not himself but when Self lies at stake he prevaricates G. It 's very probable he may at present forget what hereafter may come into his Mind and I dare say he will be ingenuous in what he knows when his Memory serves for I have heard a very fair Character of the Gentleman L. When his Memory doth serve as you call it I shall believe his Forgetfulness to be real but till then pardon me if I think otherwise G. In the mean time forbear your Censures L. From what Circumstances of the Cloaths could the Jury have had any sight into the Matter T. Had the Body lain in its first posture the Jury would have seen the print of a bloody Foot on my Lord's Stocking coming out of the Closet which would have argued that some had before been with the Body in the Closet though the contrary was then pretended by those three attending on my Lord. Secondly They would have found my Lord's Cravat cut in three pieces as the two Women that strip'd my Lord have often declared proved as followeth viz. Philip Johnson and Miriam Tovy have both deposed That Mary Johnson Wife of the said Philip Johnson hath often declared That she help'd strip the Body of the late Earl of Essex by the command of Major Hawley at whose House my Lord died and that the Neck of my Lord 's Cravat was cut in three pieces T. W. Gentleman saith That Alice Carter the very Night she was first seized as suspected privy to the Murder of the late Earl of Essex did declare That she help'd strip the Body of my Lord of Essex by the command of her Master Major Hawley and that my Lord 's Cravat was cut in three pieces G. It 's very much my Lord had not put off the Cravat or cut above it had he done it himself T. Those that attended on my Lord say my Lord had put off his Periwig and laid it upon the Shelf of the Closet that the Hairs of the Periwig might not hinder the Action L. Sure the Neck of the Cravat was a far greater Impediment and such as would have effectually hindred my Lord from doing it with a Razor the pretended Instrument of his Death This alone is a strong Argument that my Lord did not cut his own Throat as is sworn by those Treacherous Villains that attended on my Lord neither do I believe it was done at all by any Razor but with a more convenient Instrument for that purpose G. Did you ever hear with what Instrument it was done T. Yes and who besides any before named is said to be one of the Actors in this cursed Tragedy pray read this Information G. The Information of R. D. of the Parish of St. Mary-Somerset London Schoolmaster taken before me James Cardraw Esq Justice of the Peace for the County of Middlesex THis Informant saith That a little after the late Duke of Monmouth was routed in the West one Mr. J. E. to the best of this Informants remembrance told this Informant that it was almost Universally whispered amongst the acquaintance of Mr. John Holland formerly Servant to the Earl of Sunderland that the said Mr. Holland had confessed to one Mr. D. of his intimate acquaintance and afterward concerned
declares That the Earl of Essex being Prisoner in the Tower the King and Duke came into the Tower to see the Tower of which the Earl having notice he was immediately afraid the King would have come up into his Chamber and seen him c. Now I would willingly know who besides the most intimately knowing in this matter could give information two days viz. the Wednesday Morning at Andover before my Lord's death that the Earl of Essex would cut his Throat in the Tower when the King and Duke were there because the King should not see him the King and Duke's being there was unexpected and a surprize to all but to the Men of Secrecy in this Murther because their being there together was so very rare that it happened but once in twenty five years But of this I have already spoken and also how this so particular a Report as to the Manner Place and Reason became thus reported in the Countrey so long before my Lord's Death L. Was you ever credibly told that his Lordship said he was resolved to destroy himself T. No I never heard that credibly reported L. Or which is more plain and particular Did his Lordship before his Imprisonment say that he was resolved to cut his Throat in the Tower when the King and Duke should come into the Tower to see him which his guilt and shame could not bear the thoughts of G. Certainly my Lord could neither foresee nor expect that the King and Duke should come into the Tower whilst he was Prisoner there L. But you find it depos'd That before my Lord's Death viz. the Wednesday at Andover As to his Death The manner how the place where and the reason wherefore are assigned Now had my Lord so particularly declared his Resolution in which by the way as to the King and Duke's being in the Tower he must have prophesied what could not be expected then it had been possible that this and those several Reports proved by eight Witnesses more far distant from and altogether strangers to each other all centering in the same manner how and the place where might have arisen from this Resolution of his Lordship so particularly declared T. It may be my Lord having heard the Papists had resolved to cut his Throat was afraid they would the more to torment him not do it like themselves but botchingly as they cut Mr. Arnold's and therefore that it might be done at a jerk and all perfectly finish'd at a stroak he was resolved to do it himself and did it effectually for though the Blade of the Razor without the Hand was not two Inches and a half he made a Wound about three Inches and half deep and therein did what by others was Mathematically impossible to be done and whereas before that Accident it was the Opinion of Doctors and Chyrurgeons that none could cut through both Jugular Arteries to the Neck-bone on both sides the Neck his Lordship was resolved to give the World demonstration of their mistake and after all his Lordship stopt the Orifice from giving issue to such a quantity of Blood and Spirits as would naturally have instantly killed him and out of malice to the living that others might be charged with his Death threw the Razor out of the Window and then sent the Maid down for it which having received from her he retired to his Closet lockt himself in and quietly laid himself down and the Razor by him and then gave free passage to that Blood and those Spirits which he thus miraculously kept so long in G. But to be serious for this is a Case of grave yea very doleful Consideration did you ever hear all those Reasons the Bishop then gave T. No but I could wish I had only this further Reason I think was given viz. what the Steward said concerning my Lord's desiring him to sit down and drink a glass of Wine with him the Night before his Death L. That I do totally disbelieve for the Reasons before mention'd T. But whereas you say Mr. H. did second my Lord Bishop I do assure you I did hear that Ingenious Gentleman declare the contrary and as a Gentleman told me desired one to vindicate him from that Report which he did totally deny G. What was then said by the Lords of the Committe after my Lord Bishop had given the Countess's Reasons of her Silence T. I have been told how true it is I cannot say that the Right Honourable the Earl of D. spake to the Countess to this effect Madam The belief or disbelief of a fact neither destroys the Existence nor alters the Nature of the Fact and we who are to proceed not according to private Opinion but legal Evidence have taken the Depositions of many Witnesses in this Case and unless many of these be villanously perjur'd which as yet we have no reason to believe my Lord must have been most barberously murthered G. Had the Countess or the Bishop before this seen what was sworn T. I suppose neither of these had either seen or been informed what was depos'd to prove this Murther neither could they then have heard what hath in this Case been depos'd because many Depositions have been since taken before the Lords and since their Lordships Committee was dissolved before several Justices of the Peace G. I cannot but believe that if the Countess once knew what you have now at large related her Opinion would soon be changed and her Zeal in this prosecution would be as great as could be expected from a Lady of her Honour and Quality and as for my Lord Bishop I am sure none would be more easily convinced upon such grounds as these neither would any more zealously ingage in this Prosecution T. Of this I doubt not for no Man can have a greater veneration for this Reverend Father in God than my self and I think this happy Revolution is under God and His Majesty not a little indebted to the Ingenuous and Indefatigable Pen of this Judicious and Learned Bishop The next Discouragement I shall mention was the strict Injunction with Threats laid upon many of the Soldiers to be secret in this matter J. B. and his Wife further declare That the very next day after my Lord of Essex 's Death the aforesaid R. M. told these Informants how that very morning their Officer called several Soldiers together and under very severe penalties enjoined them not to speak one word of what they had either seen or heard with relation to the Death of the Earl of Essex and therefore the said M. desired these Informants not to speak one word of what he had informed them with relation thereunto the day before lest it being discovered he should be severely punished for speaking any thing of this matter L. With what a degree of Impudence was this treacherous Cruelty stifled T. R. the Soldier before-mentioned that very day my Lord was murthered declawith very great earnestness That the Duke of York had so
ready to depose That after Lloyd had lain about a Month in Newgate he did desire this Informant as he was informed to see him who by permission of the Honourable Lords of this Committee went accordingly when this Informant came to Lloyd the said Lloyd spoke to this essect viz. Master as you are my Neighbour so I hope you will be my Friend and True to me to which this Informant declared he would be a Friend to the said Lloyd as far as he could whereupon the said Lloyd declared that all the time he had been in Newgate somewhat lay upon his Conscience and troubled him night and day upon which this Informant asked the said Lloyd what that was that was so troublesome to him whereupon the said Lloyd after often pressing this Informant to be True to him told this Informant that when he the said Lloyd was first Prisoner at the Goat-Alehouse in the Minories he did confess somewhat to a Gentleman who was altogether a Stranger to him which confession troubled him This Informant then desired to know what that confession was which had been so troublesome to his mind Lloyd hereupon renewing his request that this Informant would be true to him said he was troubled in Conscience night and day because he had confessed to that strange Gentleman the letting in those Men into my Lord's Lodgings just before his Death This Informant then told the said Lloyd the like he had confessed to this Informant and several others and even before the Justice of Peace had owned it under his Hand but if it were false he ought to retract it and be sorry for having said it Vpon which the said Lloyd declared it was indeed very true that he did let in those Men but it was what he should not have said L. You say that the Sentinel pretends he remembers not when these Ruffians came out of the house but I have been informed that a Servant Maid who then lived in the Tower came that morning into Leaden-hall-Market and wrung her hands and cryed out The Earl of Essex was Murdered The Earl of Essex was Murdered upon which the People gathering about her advised her to silence telling her she would bring her self into trouble by such Expressions The Maid thereupon declared she was sure it was true for she saw the men that murdered him just as they came down out of his Chamber and one of them almost pushed her all along G. Do you know who this Maid is L. No but I spoke with several that saw her the same Morning in the Market and heard her declare as above related T. There hath been great diligence used to find out this Maid but neither of those who heard her knew her name L. I am sure it 's the duty of those who knew her or of any other that could testify any thing material in this matter to give Information to the Gentlemen by this Honourable Family engaged in this Prosecution T. Mr. Braddon a little after my Lord's Murder was informed of a Person if I mistake not he was said to be a Waterman who likewise saw those Ruffians as they came out of the house just before my Lord's death was known and observed some Blood upon one of their Cloaths but having been often search'd in the King's Bench Prison and in a hurry forced to convey away his Papers he lost the name and place of abode of this man. L. That 's a great misfortune but if this discourse comes to the hand of that Person or any that have heard him declare what is above related or any thing else material in this matter they are desired to send notice to Mr. Braddon from whom a letter being left at Richara's Coffee-house nigh Temple Bar it will come safely and speedily to his hands T. It would be no little assistance to a farther discovery of this matter though I am sure every man that believes what is here related as proved or ready to be attested must be well satisfied in this Murder if every man that is not in the least accessary to this Murder would but be so ingenious and free as to send Mr. Braddon and give him an Account hereof It 's not desired that any should deelare more than what is true and what he would answer at the dreadful day of Judgment for whoso ever doth in this case attest a Lye or what to him is such endeavours to commit by such his Perjury the worst sort of Murder L. Did either of the Warders or my Lords Servant publickly confess the letting in those T. No nor this Soldier before he was seized the 21th of January last L. Seeing then they did all deny that any Men were let into my Lord that morning I can't but suppose these Men so let in were let in to Murder my Lord for had any Persons been innocently let in it might have been innocently confessed and owned but being admitted into the House with this Villanous and Bloody design those waiting on my Lord thought it neither convenient nor safe to confess the letting in of any G. This Lloyd expressed himself very odly to T. whom having often desired and enjoyned to Secresy to him pretended he was much troubled in conscience for what he had confessed ☞ but nevertheless declared such his confession to be true but it was what he should not have owned This looks as though there were some cursed Confederacy entred into for the suppression of truth L. I thought you would be brought over G. I were never so wedded to the belief of a Fact through prejudice or misinformation but upon a full and clear discovery of my mistake did readily renounce my first belief and cleave to the best Information or at least that which to me seemed the truest and to deal plainly with you I did not think so much could be said to prove what many Industriously endeavour to perswade me was false But there comes even now into my mind an objection against this Lloyds confession which will I think destroy it's credit with all Men. If I mistake not you told me this Lloyd at Mr. Braddon's Tryal upon Oath denyed the letting in any Men before my Lords death T. 'T is very true G. How then can any man give credit to this confession which is a point blank contradiction to his former Oath Nay if Lloyd upon Oath asserted what before he had forsworn I could not barely upon the credit of his Oath believe it T. Barely upon the credit of Lloyd I should hardly believe any thing only consider that the Confession of every man though ten times perjured is to be admitted against himself But farther pray reflect on the Circumstances of Lloyd's first Oath and you will find in several respects he stood prejudiced so that his first Oath could not be of equal credit 〈◊〉 his now Confession For admitting my Lord was Murdered by those men so let in either Lloyd was privy to the Murder or he was not
Lord and how clear soever she might escape the punishment of our Law she could not but expect she must answer it before him who positively requires Blood for Blood and that all Governments should make diligent Inquisition for the Blood of the slain or otherwise he would require that Blood thus buried through neglect at the hands of such Majestrates as were difficient in their Inquiry and more strictly would he one day reckon with those that could detect the Murder but refused to reveal it for upon such more especially would the guilt lye because the Majestrate can make no discovery but by Information and therefore those that refused or neglected to give their Information would most certainly one day severely answer for such their silence Such Discourse as this Mr. Braddon had with this Woman before several others after which Mr. Braddon desired to know whether she would go voluntarily or upon motion be brought to the House for he was resolved she should be Sworn Hereupon she declared seeing she must be sworn she would rather go willingly than through such compulsion and then went accordingly after which she declared what you have before heard whereas before she was sworn she would reveal nothing L. This is a great Argument both of the truth of her Evidence and the Integrity of the Woman who rather than sacrifice her Conscience by Perjury would sacrifice what she really believed to be her Interest T. Would no Person in this Case be guided by Interest or Affection but all ingeniously reveal what they know you would soon find that discovered which now lies buried in silence but may sooner be detected than some imagine L. If it shall hereafter appear that any Person knows any thing material of this Villany and hath not revealed it he may be most justly esteemed consenting to this Murder and how far our Law may extend in its punishment there may be an occasion hereafter to try G. This Evidence of M. B. doth very much agree with Lloyd's Confession for Lloyd declared That upon the three Mens going into my Lord's Room there was immediately a very great Noise and this M. B. heard But Lloyd declares nothing of Murder cryâ—d out which M. B. declared she heard It 's strange Lloyd should not hear it as well as the Trampling if indeed there was any Murder cry'd out L. It is very probable that Lloyd did hear Murder cry'd out for it 's hardly possible to be otherwise because it seems Murder was cry'd out thrice very loud and very dolefully but should Lloyd have confessed that he let in these three Men and that upon their going into my Lord's Room he heard a very great trampling and bustle and my Lord cry out Murder several times as before depos'd by this he should have accused himself as privy to the Murder for seeing Lloyd did not immediately cry out to the next Guard so that these Ruffians might be secured and if possible the Murder prevented or at least these Cut-throats taken one of which he might easily have done Nay in all probability these Men would have soon desisted had they heard the Sentinel cry out But Lloyd lets them go and instead of a Discovery by Perjury endeavours to conceal it and therefore may well be supposed prepared to permit this execrable Tragedy G. Permit What could a Sentinel do who is placed at his Stand but could not leave his Post L. Two things are required of such Sentinels first to see the Prisoner be kept close without any Communication by Word or Papers thrown into his Window and secondly to preserve him from Violence G. 'T is very possible that this poor Sentinel might know nothing of the Matter till after the Persons were let in and then he perceiv'd by their bustling with my Lord and his Lordship's crying out Murder that they came with an intent to murder my Lord yet the Power and Authority that sent these two Men might tie both the Tongue and the Hands of this Sentinel from endeavouring either to prevent the Action or secure the Actors that he thought it might cost his Life to oppose with either So that this poor ignorant Souldier is as much to be pitied as blamed T. Had he made a full and ingenuous Confession upon his being now seized and given this Reason for his Silence he had deserved great pity for falling under so great a Temptations as the fear of Death But when instead of this Ingenuity which might be naturally expected from such Innocence as you here represent this Souldier under you find the contrary and instead of being so free as to tell the whole Truth he seemed much troubled that he had revealed any part as appeared by that Expression to T. when he declared That tho' it was indeed true what he had confessed he should not have confessed it this I say is so far from arguing this Souldier that Man you would now seem to represent him as it rather concludes him a Confederate in the Fact. G. I must confess his retracting what he had owned to be true and declaring he was very sorry he had confessed it tho' it was indeed true seems to argue him not such a Stranger to the Fact as I could wish he were L. Have you any thing more as to this Point for I perceive we are very tedious to you T. Not in the least But I rejoice in this Occasion of giving you Satisfaction in this Matter Here are some other Informations with relation to this Point which I desire you to read G. E. G. and S. H. declare That the day of the Death of the late Earl of Essex viz. The 13th of July 1683 about eleven of the Clock the same day one R. in the hearing of these Informants did declare that he was in the Tower that Morning where it was reported That the Earl of Essex had cut his Throat but he was sure he was murdered and that by the Order of his Royal Highness for the said R. then declared that he did observe his Majesty and Royal Highness part a little from those that attended them and discoursed to the best of these Informants remembrance the said R. declared it was in French concerning the Prisoners then in the Tower and his Highness declared That of all the Prisoners then there the Earl of Essex ought to be taken off but his Majesty said he was resolved to spare him for what his Father had suffer'd upon which his Highness seemed very angry and a little before the Death of the said Earl his Highness parted a little way from his Majesty and then two Men were sent into the Earls Lodgings to murder him which having done the same two Men did again return to his Highness This the said R. declared with great Earnestness and Passion and protested he thought no Man was safe which was against the Popish Interest if once they began thus bare-faced to cut Throats T. R. proceeded farther which you shall hear in its
of Sir Edmund-bury Godfrey Such means as these would have been likewise in this case used if such who then misled Charles the Second and corrupted the State had not been the deepest in this black Contrivance G. This Letter I perceive mentions some other besides His Highness Pray who was else named T. In this I desire your Pardon but of the Name and Person you may hereafter hear G. Sir I desire to know nothing but what you are very free to tell T. Some things are not convenient to be spoken of till a more convenient Season G. I shall press to know nothing which may disserve this Discovery by being divulged What Religion was this Bomeny I have been informed he was a very good Protestant and one that my Lord had a great kindness for It 's much this Fellow if a Protestant could be prevailed with to connive at so Horrid a piece of Cruelty T. Bomeny's Religion was like many other Mens to be managed and changed in shew according to his Interest but cordially I do believe him still a Papist Whatsoever opinion my Lord might have of this Fellow as to his Faithfulness I am very well satisfied this Villain was engaged before my Lord was brought from his Country-house in this treacherous Murder for as my Lord was in the Custody of the Guard and bringing through Watford when all my Lord 's other Servants and even the whole Town were in Tears for his Lordship's Trouble this Judas rid smiling and talking of French with some of the Guards L. In hopes that within some short time he should receive more for his Perfidiousness than his Service might expect in many years But these Gains were his greatest Loss for what more ready way could he have taken to Destruction here I don't say against that he was secure enough but hereafter and what would it profit this Varlet to gain the World and lose his own Soul T. As for his Religion you may conclude it belonged to that Church whose Garments are dipped in the Blood of the Saints and that this Fellows Religion was really such tho in appearance he seemed otherwise may reasonably be concluded from this Story of which I have been credibly Informed The Protestant Minister where Bomeny lived in France after my Lord's Death prest Bomeny very earnestly to deal ingeniously in this Case for the Minister declared he was very well satisfied my Lord of Essex was Murdered and he was well assured that Bomeny must know it therefore the Minister protested he was not free that Bomeny should come to Church much less be admitted to the Blessed Sacrament till in this matter he had discharged himself Bomeny finding himself thus pressed by his Minister thought it best openly to profess what he was and the very next day declared himself a Papist L. That Priest to whom he should confess this Murder would be so far from enjoyning him a Penance that he would commend this action as Meritorious T. It was indeed for the Advancement of that Church so often drunk with the Blood of the Martyrs and the Stones of which Church are Cemented with the Blood of the Saints G. Then this traiterous Varlet who betrayed the best of Masters was only in shew a Protestant that thereby he might have the better opportunity of serving a Church which did ever by bloody means advance its Interest L. It 's very probable this vile perfidious Fellow was a constant Spy upon my Lord but when that Service was to have an end by the Destruction of his Person then was this barbarous Villain to finish his treachery in being Privy to the most astonishing Piece of complicated Cruelty and after that to Crown and Conceal this cursed Butchery Perjury was to be added so that this Murder might be laid to my Lord 's own Charge as well to destroy this Honourable Lord's Reputation as to protect those cruel Miscreants who had before perfidiously Murdered his Person G. Sir I am very glad you have thus given Mr. Bomeny's Character for I am very well satisfied that an Eminent Doctor for whom I am sure you have a very great Reverence believes quite otherwise of this Fellow for I have heard the Doctor give this Bomeny a very good Character which I do suppose he had only by Information and by what Relation this fellow did give the Doctor he was strongly perswaded that my Lord did it himself tho I am sure no Man would be more readily convinced upon good Ground than this Doctor would neither would any living be more zealous in a just Prosecution if once he had good Grounds to proceed upon which I can now soon furnish him with and Answer those very Objections which so much influenced the Doctor to a disbelief of my Lord 's being treacherously Murdered and one of his Reasons for the Self-murder was this Soon after my Lord's Death Mr. Bomeny that treacherous Villain of whom I cannot think with Patience gives the Doctor this Account That his Lord did use to be taken with sudden frenzical Passions and in particular with one that Morning just before his Death For said this vile Judas As soon as my Lord saw my Lord Russel go to his Tryal he struck his Breast and said himself was the cause of my Lord Russel 's Misery seeing he had vouched for that Gentleman whose Treachery would prove my Lord Russel 's Ruin c. and hereupon fell almost Distracted But I perceive this Story is intirely forg'd For the Jury here swear that this very Fellow to them the next day after my Lord's Death upon Oath declared My Lord was as chearful and the Night before eat an hearty a Supper as he did ever see him in his Life And gives them no Account of this treacherous Forgery nor any thing like it but all in Contradiction to it This appears by his first Oath T. It 's very probable at Mr. Braddon's Tryal he would have forgot this part of his Lesson had not the Attorney General whether out of any ill Design or according to Mr. Burton's false Instruction I know not put him in mind of this particular for when Mr. Attorney said Did you observe your Lord Melancholly Mr. Bomeny L. Without doubt Mr. Bomeny understood what Answer he was to give to this Question T. Yes And followed not the truth but in part tho very imperfectly his Instructions â—…don's â—… p. For Bomeny said Yes he was Melancholly but we took no notice of it for he did use to be so and we had no reason to suspect any thing more than ordinary L. Observe now how different or rather contradictory this Answer is to that Relation this perjured Villain gave this Doctor and both destroyed by that Account he upon Oath the vey next day after my Lord's Death gave the Jury for he then swore his Lord was very chearful had the Relation given the Doctor been true how ready would Bomeny to this Question have given it in answer and what an
Harangue thereupon would my Lord Chief Justice at this Tryal have made G. I am very well satisfied the Doctor will soon be convinced of the falseshood of that Relation which Bomeny as before gave him when he doth once find that it stands in Opposition to what he hath twice deposed L. Whosoever this Doctor be of whom you give so good a Character if he shall pretend to believe the Account Bomeny gave him when it thus stands in Contradiction to those Relations Bomeny hath twice given upon Oath he is not deserving of that fair Character but may justy be suspected as one prejudiced in this Matter against the truth which maugre all Opponents will one day and that speedily shine through all Clouds of Opposition which the Malice and Oppression of some and Impudence of others have raised against But blessed be God as 't is the Duty so it hath been the Practice of this Government to incourage this Prosecution T. Let the Doctor but reconcile the several Contradictions of Bomeny's Informations given the Coroners Jury and at Mr. Braddon's Tryal before at large observed and I will then reject all other Evidence and believe with the Doctor That my Lord did indeed cut his own Throat but till then I must beg this Doctor 's Pardon if in this matter I will not admit of his belief as a Rule for mine L. I do very much wonder that this Reverend Doctor should in the least be influenced by what this Bloody Rascal told him for that 's allowing a Villains being Evidence in his own Case which no Law will admit in Opposition to what is Sworn Now seeing this false Fellow was to lay the Murder at my Lord's Door or take it upon himself either as Privy to it or Acting in it I think his 〈◊〉 ought scarce to be received De bene esse as the Lawyers term it that is to be believed or disbelieved as upon farther Inquiry it shall seem to deserve Credit S. If all these Contradictions before observ'd between Bomeny Munday and Russel had appeared to the Coroners Inquest they ought upon these only to have quitted my Lord from that perfiduous imputation of Self-murther and laid it at the door of those Treacherous and Cruel Men who by their Perjury which so plainly appeared in these gross Contradictions villanously and falsly charged his Lordship with it T. In the History of Susanna it 's related That Daniel standing in the midst of the People said Are ye such fools ye sons of Israel that without examination or knowledge of the truth ye have condemned a Daughter of Israel verse the 48th The People had received the Accusation of the Elders whose Qualifications gave no small credit to their Evidence for it 's said verse the 41st The Assembly believed them as those that were the Elders and Judges of the Land. Nevertheless Daniel justly condemned the Assembly for pronouncing rash Judgment without examination or knowledge of the Truth In this Case an Accusation was not to be admitted for truth without strict examination of the matter and such scrutiny was proper as was a-part so that one might not hear the relation of the other and thereby be enabled to agree in their Evidence which without doubt they would had they been examined together If the Testimony of these two Elders were to be throughly sifted by a strict judicious and separate Examination how much rather the Relation of Bomeny and Russel in this Case for in that it did not appear any other ways than by the defence of the Accused that there was the least malice in the Accusers or that their Interest much less their Lives before the Charge depended on the truth of the Fact for these Elders had suffered nothing by Susanna's Innocence provided they had not falsly and maliciously testified against her But here it was plain to every man's understanding that these two Mens Bomeny's and Russell's very Lives lay at stake for most certain it is That such as were in the Chamber and kept the Chamber-door the Chamber not being above 14 foot square and no other way in or out must be either acting in or privy to this Barbarity if such it were for this very reason this Coroner and Jury should have been very inquisitive and scrutinous in their Interrogations and taken all care possible that the one should not have heard or been informed of the Examination of the other by which they would have found these two in greater incoherences and contradictions if possible than they are now guilty of G. Indeed it 's a great wonder they did not agree in every particular considering how fair or rather favourable the Coroner and Jury were to them T. In the History of Susanna you find in the Charge not the least incoherence besides one Contradiction and that only as to the place where but In this Case how many and how notorious Inchoherences and Contradictions have been observed in several respects and therefore how much more rational is it to conclude as the Assembly did in that Case verse the 61st That these Witnesses are convicted out of their own mouths by those many and those so very notorious oppositions in their Testimonies G. In the Contradictions of these Sinners there is a clear discovery of their Sin and may they receive the just fruits of this their Treachery which so plainly appears by the many oppositions in their Relations L. I must confess I never saw so short an Account thus cramm'd with Contradictions I do find the common Observation is herein verified viz. The contradiction of Sinners is the discovery of Sin and I think no impartial man who shall hear these Contradictions but must be satisfied neither of these spoke true and he that through the excess of his Charity for these three Villains or their Master or his Folly or rather somewhat of a worse and different nature from either shall in Coffee-Houses and other publick Places make it his business to weed out these Contradictions to reconcile these three Mens Relations in the main so that my Lord may still be thought a Self-murderer and yet at the same time object against my Lord's being Murdered from every Colour of incoherence in case any had happen'd which I believe there hath not tho about Sixty in this Case have been Sworn in the Evidence to prove my Lord's Murder I say whosoever appears thus Partial gives great Cause to be thought and censured as very Corrupt and one whose Zeal is greater for the chief Author of this Murder and his bloody Party than for either Truth or Justice But to return to this Reverend Doctor of whom you were speaking Can the Doctor think that this Fellow who was immediately attending upon my Lord at the time of his Death and hath as before plainly appears by their Contradictions with two others forged a Story to transfer their own and others Guilt upon his Head whose Throat they barbarously Cut or permitted to be Cut I say
Foot distant from the Closet-door where the Body lay and no noise of my Lord's Death till after the Maid carried up the Razor which Maid thereupon first discovered my Lord's Death And as yet other Arguments of the Perjury of these perfidious Villains add the Mathematical Impossibility of the Wound seeing not above two Inches of the Razor must be without my Lord's Hand had he done it himself and yet the Wound above three Inches deep Moreover by many Eminent Doctors and Chyrurgions the Wound is thought to be naturally Impossible to have been done by my Lord himself because upon cutting the first Jugular Artery such an Effusion of Blood and Spirit would have immediately thereupon followed that Nature would not have been strong enough for to cut through the other Jugular Artery to the Neck-bone on the other side much less to make so many and so large Notches in the Razor against the Neck-bone as an old Foolish or K Chyrurgion suggested to the Coroncis Jury Wherefore by what is before observed as to the many Contradictions it plainly appears that these three as it is said in the History of Susanna Verse 61. are convicted of false Relations by their own Mouths and those other Arguments before observed are further Detections of these three Men's Perjuries It then remains as at first viz. That here is a Body found Dead by violent Hands and the manner of the Death not discovered for it can't be according to these three Mens Relations for the Reasons before observed The Conclusion that the Law makes in such Cases in this therefore holds good viz. That this Honourable Lord was Murdered by the violent and cruel Hands of barbarous and bloody minded Men. Secondly For the Proof of the Murder In this I shall first consider what is most material which passed before my Lord's Death Secondly The day of his Death And then Thirdly and Lastly After the day of his Death The First Before my Lord's Death I shall consider First The previous Resolutions by Papists to cut my Lord's Throat And then Secondly The many previous Reports before my Lord's Death that his Lordship had cut his Throat in the Tower. For the first of these D. S. declares That about nine Days before the Death of the late Earl of Essex she heard several Papists consulting together concerning the said Earl And this Informant heard them say the Earl of Essex was to be taken off and that they had been with His Highness and His Highness was first for Poysoning the Earl but that manner of Death being objected against it was then said one did propose to His Highness Stabbing the Earl but this way His Highness did not like at length His Highness concluded and ordered his Throat to be cut and His Highness had promised to be there when it was done Some few days after some of the aforesaid Persons declared It was 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 and punish them for it Secondly For the previous Reports before my Lord's Death It 's proved by eight several Witnesses That before the Earl's Death or before it could be known it was Reported That the Earl of Essex had cut his Throat in the Tower amongst the rest it was at Froome which is about an hundred Miles from London the Wednesday Morning and at the same time at Andover about Sixty Miles from London tho at neither of these Places especially the former could it then be known that the Earl was a Prisoner in the Tower his Lordship being not committed to the Tower till the Tuesday in the Afternoon All these Reports agreed in the manner How viz. cutting his Throat and the place Where viz. the Tower and which is further at Andover the Wednesday Morning before my Lord's Death it was reported not only in the manner How and place Where but likewise the pretendded Reason Wherefore was given for it was then and there said That the Earl of Essex being a Prisoner in the Tower and understanding that the K. and Duke were come into the Tower his Lordship was afraid the K. would have come up into his Chamber and seen him of which his Lordship's Guilt and Shame would not bear the thoughts and therefore he did cut his Throat to avoid it This being declared two days before my Lord's Death when it could not have been in the least fore-thought that the King and Duke would have come together into the Tower where they had not been above twice together since the Restoration I say This previous Report which so particularly cloathed this Action with the how where and wherefore clearly proves That all things were so resolved upon to be done or otherwise it is impossible it should have been reported under these three Essential Qualifications as to Manner Place and Reason before it was indeed done especially at Andover where it could not then be supposed to be known that my Lord was so much as a Prisoner in the Tower this Reason the Papists themselves gave out just after my Lord's Death Secondly What passed the day my Lord died These then attending on my Lord viz. Russel and Monday the Warders Bomeny the Servant and Lloyd the Centinel at the Door did all deny that day my Lord died that there were 〈◊〉 any Men let into my Lord's Lodgings that Morning before my Lord's Death But it now appears That there were some Ruffians a little before my Lords Death sent into his Lodgings to Murder him which they did accordingly R. M. a Soldier in the Tower that Morning my Lord of Essex was Murdered about one of the Clock that very day nigh Aldgate told B. and his Wife That the Earl of Essex did not cut his own Throat but was barbarously Murdered by his Royal Highness's Order For the said Meake declared That just before the Earl's Murder His Highness sent two Men to the Earl's Lodgings to Murder him which after they had done they threw the Razor out of the Window Likewise a Soldier that Morning in the Tower about Eleven of the Clock that very Morning my Lord died in Baldwins Gardens informed G. and H. That the Earl of Essex did not cut his own Throat but was barbarously Murdered by his Royal Highness's own Order For the said R. then declared That a little before the Earls Murder his Royal Highness parted a little way from His Majesty and then two Men were sent into the Earls Lodgings to Murder my Lord which when they had done they did again return to his Highness Mr. E. declares That he saw his Royal Highness just before the Earl's Death part a little from his Majesty and then beckoned to two Gentlemen to come to him who came accordingly His Highness thereupon sent them towards the Earl of Essex 's Lodgings and about a quarter of an hour after this Informant saw these very two Men return to His Highness
and as they came they smiled and to the best of this Informant's hearing and remembrance said The Business was done upon which His Highness seemed very well pleased and then went to His Majesty to whom the news was immediately brought That the Earl of Essex had cut his Throat Lloyd the Centinel at my Lord's Door the day my Lord dyed till the 21st of January last did deny the letting in of any men and Russel and Monday still deny it but now Lloyd doth confess That just before my Lord's Death two or three Men by Major Hawley's special Order were let in and immediately he heard them as he did suppose they were go up stairs into my Lord's Room where there was a very great bustle and stir so great that this Centinel declared he would have forced after them had not the first Door been made fast upon the bustle he heard somewhat thrown down like the fall of a Man which he did suppose was my Lord's Body soon after which it was cryed out My Lord of Essex hath out his Throat Here is not only these mens going in but a great bustle confessed immediately thereupon to ensue in my Lord's Room and the Body of a Man in this bustle to be thrown down this is in a Close Prisoner's Room where no one is admitted but his Servant and those that kept the Door deny'd upon Oath that any were in my Lord's Chamber that Morning my Lord died before his death But these Warders being supposed privy to the Fact would not own the admitting of those Men which themselves let in with such a murtherous Design and it is to be presumed that this Centinel was not a stranger to the matter but enjoined to secrecy for otherwise he would never have declared to a Friend under a repeated request of secrecy that this Confession as before laid upon his Conscience and troubled him night and day for tho' it was indeed very true that he did let in these Men it was what he should not have confessed This Confirmation to his Acquaintance under a great and repeated injunction of secrecy argues first That this Confession was indeed true And Secondly That there is some cursed Confederacy it's probable by Oath entred into to stifle this Murther for what other probable Reason can be assigned for that trouble of Conscience in this Confession ☜ seeing himself at the same declared it was true tho' he should not have said it There are some other Arguments that this Sentinel was particeps Crimines in the Privity first his Retraction in part of what he did confess for upon his being first apprehended he owned the throwing out of the Razor before my Lord's death was known but he now retracts and disowns it Another Instance of his Privity is his now prevaricating in his now pretending that these men were let in an hour or more before my Lord's death whereas at first he declared they were let in immediately before my Lord's death for as soon as let in he heard several go up stairs into my Lord's Room and heard the bustle c. as before A third Argument of this Centinel's Privity is his not declaring the whole Truth which he must know for one at a greater distance that saw these Russians as they were bustling with my Lord and heard the bustle did likewise hear one of these in the bustle as it seemed to be and therefore presumed to be my Lord cry out very loud and very dolefully Murther murther murther The Centinel who could hear the trampling or indeed the very walking in my Lord's Chamber could not but hear this Murther so loud and often repeated It appears by five Cuts in my Lord 's Right Hand viz. two upon his Fore-finger ☞ one upon upon the Fourth Finger another on the Little Finge and the fifth about two Inches long in the Palm of his Right Hand that his Lordship in this bustle made great resistance for these Cuts can be supposed to be done no otherwise than by endeavouring to put off the Cruel Instrument of his Death The next thing that I should observe which happened the day my Lord dy'd and gives us reason to believe the Murther is the Irregularities committed upon the Body before the Jury saw the Body the Body was stript and washed and the Room and Closet washed and my Lord's Cloathes carried away tho' all men know the Body should have remained in its first posture till the Coroner's Jury had seen the Body Sir T. R. as himself saith declared to the Lords That the Body was not stirred from its first posture till the next morning about Ten of the Clock to this Sir Thomas hath not sworn for he was not sworn before the Lords and it s well he hath not ☞ for herein he is so much mistaken that the contrary can be proved by almost twenty Witnesses Had the Body remained in its first posture by my Lord's Cravat's being cut in three parts the Jury would have plainly seen that his Lordship could not so do it with the Razor and then secondly they would have perceived the print of a bloody Foot upon my Lord ☞ as he lay in the Closet by which it appeared some one had been with the Body in the Closet and several other Material Circumstances might have been discovered which by the total illegal alteration of the Circumstances of the Body c. were destroyed About Three of the Clock in the Afternoon that day my Lord died some of those bloody Men who had been at the Consult met at Homes's House and one of them leaped about the Room as overjoyed and as the Master of the House came into the Room he strikes him upon the Back and cry'd the Feat was done or we have done the Feat upon which the Master said is the Earls Throat cut to which the other replied Yes and farther said he could not but laugh to think how like a Fool the Earl of Essex looked when they came to cut his Throat To destroy the Testimony of this D. S. Homes hath produced Two Witnesses who by many Witnesses appear to be forsworn in every part of their Depositions His Defence being false his Charge therefore may be concluded true Thirdly and Lastly What past after the day of my Lord's Death That very Morning several Soldiers which were presumed able to discover what was material with relation to my Lord's Death were called together as M. then said and enjoined to secrecy under very severe Penalties About Ten of the Clock in the Morning the next day after my Lord's Death the Jury met and were surprized to see all the Circumstances of my Lord's Body changed from what was first discovered After the Jury had seen the Naked Body at Hawleys the Coroner adjourned them to a Victualling-House in the Tower when one of the Jury demanded a sight of the Cloathes but the Coroner was immediately called into the next Room from which returning to the Jury