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
would get one the next day When the Footman was come my Lord asked if the Penknife was come this Informant answered No but he should have it the next day and accordingly he on the 12th instant in the morning before my Lord of Essex was up this Informant sent the Footman home with a Note to the Steward in which amongst other things he asked for a Penknife for my Lord and when the Footman was gone about or a little after eight of the Clock my Lord sent one Mr Russel his Warder to this Informant who came and then he asked him if the Penknife was come this Informant said No my Lord but I shall have it by and by to which my Lord said that he should bring him one of his Rasors it would do as well and then this Informant went and fetched one and gave it my Lord who then went to pare his Nails and then the Informant went out of the Room into the passage by the Door ☜ on Fryday the 13th instant and began to talk with the Warder and a little while after he went down Stairs And soon after came the Footman with the Provisions and brought also a Penknife which this Informant put upon his Bed and thought my Lord had no more need of it because he thought he had pared his Nails And then this Informant came up to my Lords Chamber about Eight or Nine in the Forenoon on fryday the 13th instant with a little Note from the Steward but not finding his Lord in the Chamber went to the Close stool Closet Door and found it shut and thinking his Lord was busie there went down and staid a little and came up again thinking his Lord had been come out of the Closet and finding him not in the Chamber he knocked at the Door with his Finger thrice and said My Lord But no body answering he took up the Hanging and looking through the Chink he saw Blood and parts of the Rasor whereupon he called the Warder Russel and went down to call for help and the said Russel pushed the Door open and there they saw my Lord of Essex all along the Floor without a Perriwig and all full of Blood and the Rasor by him And this Deponent further deposeth that the Rasor now shewed to him at the time of his Examination is the same Rasor which he did bring to my Lord and which did lye on the Ground in the Closset by my Lord. The Information of Thomas Russel one of the Warders of the Tower who had the Custody of the Earl of Essex taken the Fourteenth day of July Anno Regni Caroli Secundi Dei gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Desensoris c. Tricesimo quinto Annoque Domini 1683. SAith That on Fryday the 13th instant about Eight or Nine of the Clock in the Forenoon he was present when he did hear the Lord of Essex call to his Man Mr. Bomeny for a Penknife to pare his Nails and then for a Razor which Mr. Bomeny brought him and then my Lord walked up and down the Room scraping his Nails with the Razor and shut the outWard door Mr. Bomeny half a quarter of an hour afterwards not finding my Lord in his Bed chamber ☞ went down Stairs again believing that my Lord was then private in his Closet Bomeny came up about a quarter of an hour afterwards and knocked at the Door Note then called My Lord My Lord but he not answering peeped through a Chink of the Door and did see the Earl of Essex lying on the Ground in the Closset whereupon he did cry out that my Lord was fallen down sick and then the Informant went to the Closet Door and opened it the Key being on the out-side and then did see my Lord lye on the Ground in his Blood and his Throat cut The Information of Robert Sherwood of Fanchurch-street Chyrurgeon taken the 14th day of July Anno Regni Caroli Secundi Dei gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensor c. Tricesimo quinto Annoque Domini 1683. SAith that he hath viewed the Throat of the Earl of Essex and does find that there is a large Wound and that the Aspera Arteria or Wind-pipe and the Gullet with the Jugular Arteries are all divided of which wound he certainly dyed The Information of Robert Andrews of Crutchet-Fryars 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 does find that it was cut from the one Jugular to the other and through the Wind pipe and Gullet into the Vertebres of the Neck both Jugular Veins being also quite divided Upon these Informations the Coroners Jury found my Lord Felo de se The substance of these Informations in short is That my Lord of Essex called for a Penknife to pare his Nails but the Pen-knife not being ready his Lordship required a Razor which was delivered him with which Razor his Lordship retired into his Closet and Lock'd himself in but soon after the Closet door being opened my Lord was found with his Throat cut through both Jugulars and Arteries to the Neck-bone and the Razor as before delivered lying by him Nathaniel Monday the other Warder on my Lord at the time of his Death now declares that assoon as my Lord of Essex's Chamber Door was opened by the Gentleman Jaylor about Seven of the Clock that morning my Lord died he stood Warder upon my Lord till about a quarter of an hour before my Lord was found dead and then he called up Russel and left him at the Door and then went down Stairs where he had not been a quarter of an hour before Bomeny cryed out My Lord is fallen down sick whereupon he ran up Stairs and found Bomeny and Russel endeavouring to open the Closet Door but neither could stir it because my Lords body lay so very close and strong against the Door wherefore he being stronger than either Bomeny or Russel put his Shoulder against the Door and thrusting with all his might broke it open Major Hawley at whose house my Lord was Murdered saith That about Five of the Clock that Morning my Lord died he went out to open the Tower Gates according to the duty of his place and came not home nor nigh his own house till about Nine of the Clock Note when Monday the Warder came to him and told him my Lord of Essex had cut his Throat whereupon Hawley going home found it true and immediately thereupon went to his Majesty Charles the Second then in the Tower and did inform his Majesty of the same Bomeny Russel and Munday and likewise Lloyd the Sentinel at my Lords Lodgings that Morning my Lord dyed Note did ever deny till January last that any men were let into my Lords Lodgings before his
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
in every part p. 51. c. 2. p. 52. c. 1 2. The Razor broke at the top and several Notches in the Razor argue its fall some distance p. 52. c. 2. Farther Arguments against my Lord's cutting his Throat in the Closet p. 52. c. 2. p. 53. c. 1. The bloody Room and Closet washed before the Jury saw the Body p. 53. c. 2. The unfair Management of the Coroner's Jury p. 54. c. 1. Why the Body was stripp'd and the Clothes carried away and denied to the Jury p. 54. c. 2. p. 55. c. 1. A large Knife the supposed Instrument of my Lord's Death and Holland suspected as concerned therein p. 55 56. An Answer to Holland 's Letter to the Earl of Feversham p. 57 58. c. 1. Major Hawley suggested to the Coroner's Jury that Self-murder was my Lord's Principle p. 58. c. 2. p. 59. c. 1. Major Hawley denies his being with the Jury where they sat or that he did ever suggest this or ever heard it said to be my Lord's Principle p. 59. c. 1. The Reason of Major Hawley 's now denial p. 59. c. 2. Some short Inferences from such denial p. 59. c. 2. Major Hawley prevented the Coroner's Jury from adjourning their Inquisition by suggesting that his then Majesty had sent for the same p. 60. c. 1. Major Hawley ever disaffected to the present Interest p. 60. c. 2. The Coroner's Jury went not according to Evidence p. 61. c. 2. p. 62. c. 1. Some of the Jury unwilling to discover what they knew p. 62. c. 2. The Aversness of the then Government from any Inquiry into this Murder p. 64. The Reason of such Aversness p. 64. c. 1. The late crowned Heads endeavoured to subvert the Crown p. 65. c. 1 2. Very unreasonable Bail demanded of Mr. Braddon p. 68. c. 2. p. 69. c. 1. The Habeas-Corpus Act defective p. 70. c. 1 2. Mr. Braddon informed a little after he had first moved herein that his Highness had thretned his Ruin p. 71. c. 2. An Inference from that p. 71. c. 2. Mr. Braddon a sole Conspirator p. 72. c. 1. Mr. Braddon threatned by Sir R. S. just before he was tred p. 72. c. 1. Innocence a support under Trouble p. 72. c. 2. p. 73. c. 1. Mr. Braddon 's Jury well paid p. 73. c. 2. Sir Hugh Middleton Foreman of Mr. Braddon 's Jury since turned Papist p. 74. c. 1. His late Majesty crossed only Mr. Braddon 's Name in that List of his King's-Bench Prisoners which was delivered him p. 74. c. 1. An Inference from his late Majesty's Irreconcileable Hatred of Mr. Braddon p. 74. c. 2. The Coroner's Inquest used as a Means to prevent the Discovery of my Lord's Murder p. 75. c. 1. The detecting Sir Thomas Overbury 's Murder the same Offence Mr. Braddon was guilty of but met not with such Discouragement p. 75. c. 2. King James the First his Speech upon the discovery of Sir Thomas Overbury 's Murder p. 75. c. 2. A Comparison between the Murder of the late Earl of Essex and that of Sir Thomas Overbury p. 75. c. 2. p. 76. c. 1 2. The Lord-Keeper North insinuates to Mr. Braddon the Danger of this Prosecution p. 76. c. 2. The Reasons that moved Mr. Braddon to ingage in this Prosecution p. 76. c. 2. p. 77. c. 1. Bomeny shortly after my Lord's Death is supposed to have writ a Letter wherein he declared he would fully discover this Murder upon a Pardon p. 77. c. 2. An Objection against this p. 77. c. 2. An Answer to this Objection p. 78. c. 2. Bomeny supposed to be a disguised Papist p. 79. c. 1. A certain Divine's Argument for the Self-Murder p. 79. c. 2. An Answer thereunto p. 80. c. 1 2. The Contradictions between Bomeny Monday and Russel as to the pretended Self-Murder of themselves are sufficient to clear my Lord of this infamous Imputation p. 81. c. 1 2. Mr. Billingsley 's Objection against this Murder deserves no Credit p. 82. c. 1 2. p. 83. c. 1. The Earl of Essex feared neither Danger nor Death but was ready chearfully to lay down his Life for his Country p. 83. c. 2. The most popular Objections against this Murder answered p. 84 to 90. Injunctions of Secrecy laid upon the Souldiers the next day after the Earl's Death p. 90. c. 2. M. presumed to be murdered to prevent his testifying what he knew as to my Lord's Murder p. 91. R. sent to the Indies and there shot to Death p. 91. c. 1. A third Souldier fear'd he should be murdered for what he had discovered with relation to my Lord's Murder Eodem Hawley the Warder supposed to be murdered to hinder the Discovery of what he knew p. 91. c. 2. p. 92. A Souldier barbarously whipp'd only for saying He would not say he did believe the Earl of Essex cut his own Throat p. 92. c. 2. p. 93. c. 1. Old Edwards turned out of his Place in the Custom-House only as presumed for his Son's Relation p. 93. c. 2. Major Webster brings home my Lord 's bloody Handkerchief and forty nine Guinies and a Pistol c. p. 94. His Wife tells him she could hang him and one in the Tower p. 94. c. 2. Webster then in no danger of a Prosecution or Punishment from what his Wife could discover p. 94. c. 2. The Relation of a Wife will not excuse her concealing a Murder committed by her Husband p. 95 96. Major Webster before the Lords disown'd his having produced a Purse of Gold to O. but since pretended he had won the Mony at Gaming p. 96. c. 2. Holms 's Wife tells her Husband he was a Murderer and she could hang him c. p. 97. c. 1. Murderers falling out Murder is detected p. 97. c. 1. An Abstract of the Whole p. 97. c. 2. to 104. A Lincolns-Inn Gent. SIR I rejoyce I have thus fortunately met you here for ever since I came to Town I have longed to see you because I have been desired by many of our Country-men to give them what Information I can how the Case of the late Earl of Essex now stands whether there have been any Informations or Examinations herein taken before the Honourable House of Lords for we have heard their Lordships upon their first sitting took the matter into Examination and what you have heard to be the Substance of those Depositions and Examinations whether sufficient to prove that unfortunate Lord treacherously murdered as he was generally believed to be A Templer Sir you could never have met me more opportunely for your Satisfaction in this seeing I have now about me the Substance of all those Depositions and Examinations that have been taken before the Secret Committee of Lords appointed by the House for this purpose and some time since reported to the House and likewise Copies of many Informations herein taken before some Justices of the Peace besides all which I have Copies of such Depositions as have been sworn to destroy the Credit
false Information as to the Lords Proceedings in this Matter may have likewise forged what Arguments they thought might sway with me to believe my Lords self Murder what those are I shall give you an Account But I first desire to hear what Evidence in particular hath been produced to prove my Lords being murdered by others T. Before I give you an Account of the Informations that have been in this Case taken I think it proper first to inform you how the Case came before their Lordships and what by them therein hath been done and how the Case now stands before the House G. Pray Sir use your own method T. The 21st of January last being the day before the Convention sat several Persons were taken up as suspected to be privy to my Lords Murder amongst whom was Major Hawley Major of the Tower in whose House my Lord was murdered and Thomas Russell one of the two Warders that stood upon my Lord at the time of his death these two belonging to the Tower and consequently under the Command of the Right Honourable the Lord Lucas Governour of the Tower were not taken up by any Constable but his Lordship having seen the Warrant out against them ordered both to be secured The next day being the 22d several Informations were taken before John Robins Esquire one of the Middlesex Justices who carried Coppies of these Informations to my Lord Lucas His Lordship the 24th moved the House of Lords for their Lordships Order as to the keeping discharging or removing Hawley and Russell as before secured by his Lordships Command and then produced to the House those Informations brought his Lordship as before by Mr. Robins upon reading which after some Debate the House of Lords ordered Mr. Braddon to be called in before their Lordships and after his Examination their Lordships constituted a Committee of Lords of which the Right Honourable the Earl of Devonshire now Lord Steward of His Majesties Houshold was Chairman After this Committee had several times met there was a secret Committee ordered to examine into the Matter which Committee consisted of these Four Honourable Lords viz the Earl of Bedford the Earl of Devon the Earl of Monmouth then Lord Mordant and the Lord Delamere after this Committee had many times sat and taken about Fourty Depositions and Examinations the Earl of Monmouth and the Lord Delamere were sent by His Majesty into the Country as two of the Lords Commissioners to regulate the Army After these two Lords were thus out of Town the Earl of Devon being Chairman of the Committee brought these Depositions and Examinations into the House but it being then late in the day none were read but an Order made that they should be read the next Morning but His Majesties Affairs Commanded likewise the Earl of Devon the next Morning to go into the Country so that when these Informations were read in the House not one of the four Lords of this Committee were there besides the Earl of Bedford Wherefore the House Ordered the Debate of the matter to be suspended as you have before heard And thus the Case came at first before their Lordships and so it now stands G. Sir I thank you for undeceiving me and desire you to proceed in such a Method as you think may give us the most Regular Notion of the Matter T. Before I give you any Information to prove my Lord by others barbarously Murdered I think it proper to state the Case as it was represented by those who would have the World believe my Lord a Self Murderer for without this you cannot understand what use can be made of many Informations that have been in this Case taken because you will not be able to see wherein they contradict what was sworn before the Coroner to prove my Lords self-destruction and whatsoever proves their representation of the matter to the Coroner false by a very natural Consequence proves my Lords being murdred by others L. Without doubt for what end I pray should any swear to a Lye but to conceal a Truth there being no other reason to be given for it T. I shall begin with my Lords Commitment to the Tower. The Right Honourable Arthur late Earl of Essex was committed to the Tower the Tenth of July 1683. and the first night lay at Captain Cheekes the then Lieutenant of the Tower but the next day was removed to Major Hawleys then Gentleman Porter of the Tower and the two Warders placed upon his Lordship were Nathaniel Munday and Thomas Russel one to stand at my Lords Chamber-door or in his Chamber and the other at the Stairs-foot and thus by turns Paul Bomeny my Lords Servant was permitted to be with his Lordship At Mr. Hawleys my Lord lay Wednesday night and Thursday night but Friday Morning about Nine of the Clock his Lordship was found with his Throat cut through both Jugulars and Arteries even to the Neck-bone on both sides the Neck The next day L. Sir Pardon this Interruption I find that my Lord first lay at Captain Cheeks one night and then was removed to Hawleys where after two nights his Lordship was found dead how came it to pass that my Lord had not continued to lye at Captain Cheeks it being very usual for Prisoners of his Lordships Quality to lye at the Leiutenants House as now my Lord Salisbury doth at the Lord Lucas's T. The true Cause of this Removal I cannot give you but the Colour I can It is pretended that Captain Cheek would not be troubled with any Prisoners in his own House for which reason as pretended his Lordship was removed but this I believe not to be the Cause but as I said the Colour only as for the true reason hereof I refer you to the Men of Secrecy in this Case But to proceed The next day being Saturday the Jury sate and before them were sworn the aforesaid Paul Bomeny Thomas Russel and the two Chyrurgeons Which Informations are as followeth according to the Print but that as I shall observe in its own proper place varies from the Original in Bomeny's Information The Information of Paul Bomeny Servant to the late Earl of Essex for about Three or Four Years now last past taken upon Oath the 14th day of July Anno Regni Caroli Secondi Dei gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensor c. Tricesimo Quinto Annoque Domini 1683. SAith that when my Lord came to Captain Hawley's which was the 11th instant my Lord of Essex asked him for a Penknife to pare his Nails as he was wont to do to which this Informant answered being come in haste he had not brought it but he would send for one and accordingly sent the Footman with a Note for several things for my Lord amongst which the Penknife was inserted and the Footman went and gave the Bill to my Lords Steward who sent the Provisions but not the Pen-knife and he told the Footman he
had cut my Lord's Throat they were extreamly over-joyed and one of them striking the Master of the House upon the Back with great Joy cried The Feat was done and he could not but laugh to think how like a Fool the Earl of Essex looked when they came to cut his Throat L. These bloody Villains are the greatest Fools morally speaking for such horrid barbarous Cruelties is the highest degree of moral Folly and how like Fools and Rogues will such Blood-suckers look when they come to receive the Reward due to such Barbarity G. God's Judgments commonly overtake even in this Life that heinous and crying Sin of Murder for which the Penalty of Blood was by him expresly required in that Ancient Statute wherein it was positively enacted that Whosoever sheds Man's Blood by Man shall his Blood be shed I believe the Law in this Case will be fully executed upon all concerned or some eminent Judgments inflicted almost if not altogether as bad as the Penalty T. May no Character whatsoever be excused from some remarkable Punishment or other L. Amen T. You did object against what was sworn to be said by M. and R. because they viz. B. and his Wife and H and G. were but hear-say Evidence but I desire you to reflect upon the many such Testimonies produced to prove the high 〈◊〉 Plot in 1683. Nay read but the Evidence of Mr. Blaithwait Clerk of the Council in 1683. in Mr. Braddon's Trial pag. 22. you will there find Mr. Blaithwait being sworn on the behalf of the King against Mr. Braddon gives an Account to the Court what the young Edward's Sister declared to the Council-Board viz. That Braddon compelled the Boy to sign it the Paper the young Edward's signed this you fiud to be only 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 tho' 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 B. and his Wife as to what M. declared and of H. and G. as to R's Account be particularly remarked seeing M. and R. we cannot now produce in Court as that Author was but especially the first being presumed to be murdered by way of prevention by that bloody Party that murdered my Lord. L. We have a Maxim in our Law That no Man shall take an Advantage of his own Wrong but the Papists will totally destroy this Maxim for by the Murdering of those who know their Offences they totally suppress and destroy their Evidences and then will not admit of an Account tho' upon Oath of what these Men so murdered by way of prevention declared because it 's but an hear-say Evidence certainly if there be any Wrong Murder is such and of all Advantages by that Wrong the saving one's Life is the greatest T. Lloyd upon his first Confession could not be positive whether Major Hawley or Monday opened the House Door to the Ruffians G. It could not be Major Hawley for you said he declared That he went out of his own House at five in the Morning and returned not till after my Lord's Death so that between Five and past Nine till after my Lord's Death Major Hawley was not in his House and therefore could not open the Door to those that went in a little before Nine L. If Major Hawley did indeed let in those Ruffians I suppose you don't think he 'l own it And therefore Hawley may deny his being at Home after Five till my Lord was dead to avoid being suspected to be the Man that let them in T. Major Hawley's denial in this Case is as true as his other Denials of which you will hereafter hear to prove this denial false It is positively sworn by N. That he saw the said Major Hawley go into his House as my Lord Russel was carrying to the Old-Baily Now this was not above half an hour before the Murder committed and then whereas Hawley pretends he did not go nigh his own House after five of the Clock in the Morning till after my Lord's Death It 's contradicted by the positive Oath of one who swears That he saw Major Hawley several times a little before my Lord's Death run up thro' that Gate which is nigh and leads to his House and he would immediatly come in haste down to the Gate and peep on both sides as tho' he would see the way clear and because the Warder let in but one Man to the Tower Hawley came running to him in great fury chiding him for admitting that one L. Major Hawley's denial of what is so sworn looks as tho' he had not been thus careful in keeping all clear but for some Design which was to be done with as great secrecy as the Time and Place would admit of T. You may remember that Bo. Mo. and Ru. declar'd That there was a Razor delivered to my Lord wherewith to pair his Nails which his Lordship having done he retired into his Closet and there cuts his Throat the Closet Door being afterwards opened all these three as they depose and declare saw the Body there lie in its Blood and the Razor as before delivered to my Lord to pair his Nails lying by him G. This is in short their Relation and how can you possibly disprove it seeing there was none with my Lord but these three and therefore how can it be contradicted by any T. I will disprove this Relation in every part First I will convince you that there was no Razor delivered to my Lord to pair his Nails Secondly That my Lord did not lock himself into his Closet nor was there first found lock'd in as is sworn by these Men. And Thirdly That the Razor was not lying by the Body when these three first saw the Body dead G. I can't imagine how in these Particulars you can falsify their Relations T. I shall prove Bomeny's Relation to be false by what Russel swears and Russel's Deposition forged by what Monday declared the day my Lord died L. As soon as my Lord was found dead Bomeny Monday and Russel ought to have been secured T. It was so order'd by his Majesty for as soon as News of my Lord's Death was brought to King Charles the Second then in the Tower his Majesty sent my Lord Allington Sir C and Thomas Howard Esq to my Lord's Lodgings with Orders That all who were attending upon my Lord at the time of his Death should be secured and examined with relation thereunto His Majesty did further order That all things should remain as to the Body in the same Circumstances it was first found till the Coroner's Inquest had seen the Body Before Sir C had proceeded far in the Examination of any about my Lord's Death a Gentleman came as from his Majesty with Orders That Sir
believe their Relations true so neither can I comprehend to what end they should invent this Story of the Closet's Door being lock'd upon my Lord seeing my Lord might as well have been said to have cut his Throat without locking the Closet What Service could they propose by this part of their Story of the Closet-door's being locked upon the Body T. The use they afterwards made of this was the end they proposed by this their Invention they strongly argued to the Truth of my Lord's self-Murder from this very Circumstance for they say Can it be thought possible that my Lord should be murdered by others when it was impossible that any should do it in the Closet and come out of it leaving the Body so close against the Door which opened inward and there was no other way but the Door out of which they could come Had this Relation therefore been true it would have been as strong an Argument of my Lord 's being a Self-Murderer as the contrary appearing by the many and gross Contradictions before observed is of his being treacherously murdered by others But as a further Argument of the Closet-door's not being locked I desire you to observe the Closet and how the Body was first seen by such as were some of the * Before â—y that 〈◊〉 from 〈◊〉 King â—…w the â—…dy first that went up into my Lord's Chamber after my Lord's Death was known At the beginning of this Book is the Room and Closet drawn and how the Body was first found By this you may perceive how my Lord's Legs were lying on the Threshold of the Closet-door and you find the Closet-door could not whilst the Body lay thus and it was not then pretended â—or be moved be locked this appears by what William Turner and Samuel Peck declare as they have deposed before the Lords William Turner and Samuel Peck declare that these two Informants were Servants to the late Earl of Essex at the time of his Death and bringing in some Provisions into the Tower just upon the first Discovery of my Lord's Death of which as soon as they heard these Informants ran up stairs and found my Lord's Legs lying upon the Threshold of the Closet-door G. I am now satisfied how they proposed to argue from it on their own side but the Edg of the Argument through their Disagreement and Contradictions in their Evidence hath been turned against them and wounded them to the quick T. In the third and last place I shall disprove that part of these three Mens Relations which saith that the Razor was locked into my Lord's Closet when he was first found 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 L. If the bloody Razor was thrown out of the Window before my Lord's Death was discovered then it 's most certain it could not be found lock'd in with the Body in the Closet upon the first Discovery as by these Treacherous Varlets is deposed Pray read these Papers G. William Edwards aged about Eighteen Years declareth That being in the Tower that Morning the late Earl of Essex died and just before the Discovery of his Death viz. about Nine of the Clock the same Morning as this Informant was standing almost over against the Earl of Essex his Chamber-Window he saw a bloody Razor thrown out of the said Earl's Chamber-Window and fell just without the Pales that stood before the Door which this Informant was going to take up but just as this Informant came to take up the Razor which this Informant found very bloody there came a Maid out of Major Hawley's House and took up the Razor and then ran in with it into Major Hawley's House immediately after discovering my Lord's Death Thomas Edwards Father to the said William Edwards Sarah Edwards and Ann Edwards and Elizabeth Edwards all declare and are ready to depose That the said William Edwards the very Morning of my Lord's Death when he came home did give the same Account in substance to these Informants G. Was not this William Edwards sworn at Mr. Braddon's Trial T. Yes G. If I mistake not he did there upon Oath deny it T. 'T is very true G. How then can there be any Credit given to what one swears in Contradiction to what he hath before deposed When upon Oath he declared he saw no such Razor but it was a Story that he invented to excuse his Truanting T. I desire that you will consider when this Story was first told by the Boy viz. about ten of the Clock that morning my Lord died ☞ Now it was not then known it would be sworn that this Razor lay by my Lord's Body locked into the Closet when the Body was first found as did appear the Monday after when the Coroner's Inquisition and Bomeny's Deposition were printed and therefore there could not be any use made of this Story when first told against the Truth of my Lord's pretended Self-murder for that was possible to be true ☞ what was suggested in answer to this by a certain Gentleman who as soon as he saw what Edwards declared asked What use could be made of it and how this did appear to argue that my Lord was murdered for he further said That it might be when Bomeny came and found that Razor which he had before delivered to my Lord proved the Instrument of his Death he took it up and with great indignation threw the Razor out of the Window as we many times throw away what we have hurt our selves with To this it was answered It appeared sworn before the Coroner That as soon as Bomeny saw my Lord and part of the Razor thro' a Chink of the Closet-Door he called out to Russel that my Lord was fallen down Sick so that there was a Noise of this in the Room before ever the Closet Door was opened and consequently before Bomeny could have any opportunity to take up the Razor Whereas it here appeared by what Edwards said that all things were very quiet in the House till the Maid had taken up the Razor and the Maid first discovered my Lord's Death Upon this the Gentleman urged this no further but what he herein declared was so ready at hand as tho' he had before heard of the Razor 's being thrown out and thought this the best Salve for it As for the pretence that this Lie was invented to excuse his truanting this is very ridiculous this Boy in very great earnestness as soon as he returned from the Tower told his Mother and Sisters that the Earl of Essex had cut his Throat and thrown the Razor out of the Window this argued his simplicity Now the material part of the Story was then generally believed to be true viz. That the
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