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A29092 Essex's innocency and honour vindicated, or, Murther, subornation, perjury, and oppression justly charg'd on the murtherers of that noble lord and true patriot, Arthur (late) Earl of Essex ... in a letter to a friend / written by Lawrence Braddon (of the Middle-Temple), Gent. ... Braddon, Laurence, d. 1724. 1699 (1699) Wing B4101; ESTC R19636 79,731 74

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of the Warders according to Bomeny's first Information taken as before by the Coroner and secondly That he did not open the Door for Russel opened it according to Bomeny's second Information which himself writ and Russel's Depositions And thirdly That neither Bomeny nor Russel could open the Door because the Body lay so close against it and so Monday broke it open This according to Monday's account of the matter These Contradictions before observed of themselves are as I do humbly conceive sufficient to convince the man not byas'd that this Unfortunate Lord was treacherously murthered for our Law supposes every man destroy d by violent means to be murther'd by others unless the contrary appears to the Coroner and his Jury now those which in this case come to testify the contrary are so notoriously self-destructive in their Evidence by their gross Contradictions that all these three appear treacherously false and therefore these mens Evidence thus contradictory cannot prove the Self-murther but rather demonstrate the contrary for these three being the only Men who by their Stations near my Lord at the time of his Death could then be supposed capable of giving any account how my Lord came by his death for Bomeny attended upon my Lord in his Chamber and Monday and Russel the two Warders which alternately kept my Lord's Chamber-door for when Monday kept my Lord's Chamber-door Russel stood at the Stairs-foot-door and this by turns and seeing these mens Relations for the Reasons before observed are notoriously false there was a Truth which these Perfidious Men thought neither convenient or safe to declare which would have detected the true manner of my Lord's Death and in what parts these Three stood related thereunto I would fain ask the Coroner and his Jury What Inquisition they would have brought in upon my Lord's Body in case Bomeny Monday and Russel should have declared they would not discover what they knew with relation to my Lord's Death I am apt to have such a Charitable Opinion of the Discretion and Integrity of these Gentlemen as to believe they would have been so far from finding my Lord Felo de se that they would have found him murthered by others and these three concern'd therein for by their respective Stations at the time of my Lord's Death they could not be ignorant of the true manner thereof and by their refusals to discover their knowledge therein they tacitly would have confessed their guilt either as Actors in that Cruel Tragedy or privy and consenting to it Now as such their first positive refusal would have rendered them guilty before the Coroner and his Jury so their false and contradictory Account makes some of 'em more Criminal by so great an addition to their first Offence For in the first by their silence they would have endeavour'd to conceal the Murther and their Guilt therein So here by their many false Relations which have so plainly appear'd for Contradictions cannot be true have they designed to attain the same end And for my own part admitting what is sworn against them to be true I think these Three are worse Criminals than those Ruffians who cut my Lord's Throat For some of the latter were not so intrusted with my Lord's Body as properly to be termed treacherous neither have they appear'd by falsities to conceal their Guilt by perfidiously transferring the same on him whom their own Hands have destroyed But two of the three former viz. Russel and Bomeny if what is sworn against them be true have superadded the greatest Treachery and falsity to Blood and therefore stand guilty of a complicated Villany by which they have as much as in them lay murther'd his Lordship's Honour and stain'd his Family with such guilt as nothing but the discovery of Truth and a just recrimination of those Treacherous Men can wipe off But as a farther Argument of the Closet-door's not being locked upon my Lord's Body it appears That when Bomeny Monday and Russel pretended my Lord was lying in that posture wherein they first found him his Lordship s Legs were part out of the Closet-door as you see in the Figure at the beginning of this Book this is declared by Will. Turner and Sam. Peck who before the Lords have in substance deposed That these two Informants were Servants to the late Earl of Essex at the time of his death and brought some Provisions into the Tower just upon the first discovery of my Lord's Death of which as soon as they heard they ran up Stairs and found my Lord's Legs lying upon the Threshold of the Closet-door and a print of a bloody Foot upon my Lord's Stockins This proves not only that the Closet-door could not be locked as was sworn and declared by Bomeny and Russel but likewise that somebody had been with the Body in the Closet or otherwise how came the print of a bloody Foot upon my Lord's Stockins as these swear to have observed In the third and last place I shall disprove that part of these Mens Relations which saith That the Razor was locked into my Lord's Closet when his Lordship was first by them seen dead Those Three have all deposed or often declared That the Razor was found by my Lord's Body locked into the Closet and all Three denied that there was any bloody Razor thrown out of my Lord's Chamber-window just before my Lord's Death was first discovered to those out of the House William Edwards aged about Eighteen years and Jane Loadman aged about Eighteen years have both before the Lords in substance deposed That a little before my Lord's Death was discovered they saw a bloody Razor thrown out of my Lord's Chamber-window and that just after there came a Maid in a White-hood out of Captain Hawley's House which Maid William Edwards hath deposed took up the Razor and run with it into Major Hawley's House and up Stairs crying out Murther and immediately hereupon was it first said that the Earl of Essex cut his Throat Thomas Edwards Father to the said William Edwards Sarah Edwards Ann Edwards and Elizabeth Edwards Sisters to William Edwards in substance before the Lords have deposed That the very morning of my Lord's Death when W. Edwards came home he did give this Information in substance to these Informants William Edwards did farther depose to this effect That the very morning Mr. Speke and I were try'd going into Westminster Hall to be an Evidence at that Trial he met with Major Hawley who in a threatning manner told him That if he might have the management of him the said William Edwards should be whipt once a Fortnight for seven years together which Threat of the said Major Hawley did so terrify this Informant he being then about Thirteen years of Age that he was afraid to speak the Truth at that Trial lest he should severely suffer for so doing Mrs. Smith Aunt to Jane Loadman and Mr. Glasbrook did depose Braddon's Trial pag. 43. That this Relation Jane Loadman
barbarous Murther her Husband should have a general Pardon and both Him and Her provided for But if her Husband was innocent notwithstanding whatsoever was said to the contrary and should take upon him a Crime for any advantage whatsoever of which he was not guilty he deserv'd to be Hang'd here and Damn'd hereafter seeing by his Perjury he would make Justice an Instrument of executing the worst of Murthers But if he were indeed the Man and should surrender himself and discover the whole matter he must be sure to keep within the limits of Truth for should he be detected in the least Perjury no man was ever more vigorously prosecuted nor any more severely punished than he for such his Perjury must expect to suffer These were the Arguments with which I would have suborn'd as that Letter calls it Holland to a full Discovery And I do appeal to all the World Whether admitting this to be true as it will be proved when occasion serves I deserve this villanous Charge For the truth of this I do appeal to the Consciences of Mrs. H. Mr. P. and Mr. S. with whom I several times treated in this Affair I shall now mention one or two more Objections against my Lord's being murder'd and then draw to a Conclusion The first is this viz. the Right Honourable the Lady Countess-Dowager of Essex having heretofore declared whether lately I cannot say That she did believe her Lord cut his own Throat and being so possessed some time after this Committee had several times sate she desired several Lords amongst which some were of this Right Honourable Committee to meet at her House and after her Honour had acquainted their Lordships with the occasion of her request an eminent Divine and now Bishop did inform their Lordships what were the Reasons that moved her Honour to believe that her Lord did indeed lay violent hands on himself the Chief if not the Only whereof was That some short time before my Lord's Commitment to the Tower his Lordship seemed to be under a great concern of mind but then declared That the trouble he was in did not arise from any thoughts of Self-preservation for Himself was the least of his Care but the thoughts of his Family what would after his Death become of them was what did indeed trouble him As for himself he was resolved what to do SEVERAL TIMES VERY RESOLUTELY REPEATING THAT EXPRESSION AS FOR MY SELF I AM RESOLVED WHAT TO DO This I was told by a Gentleman then present who as I have great reason to believe would have represented every thing to the best advantage as far as Truth would permit on the behalf of such Objections But with all submission to such Judgments as are sway'd with this Objection I think it carries not that force which many imagine For is there nothing to which that Resolution of his Lordship might so probably have relation as a Self-destruction was that the only or the most likely thing he was resolved to do I do humbly conceive a little consideration may afford us both a more charitable Opinion of his Lordship's Resolution and somewhat more probable than Self-murther to be assigned as what his Lordship was resolved to do For when I consider the time when his Lordship was apprehensive of the like danger as threatned him just before his last Imprisonment viz. when my Lord Shaftsbury and my Lord Howard c. were committed to the Tower and a Gentleman who had a very great Honour for his Lordship as all good men had who had the honour to know him in true Zeal for his Lordship's preservation having heard that the Court designed likewise to commit my Lord of Essex and to take off many in Form of Law or rather that which they falsly called so went to his Lordship and informed him of what he had been told and humbly submitted it to his Lordship's Judgment Whether it were not proper for some time to withdraw till the fury of the Court by time was a little appeased This Gentleman told his Lordship He found by the Papists that they did design to take off several and his Lordship being to their Arbitrary and Popish Designs as great and profess'd an Enemy as any he did fear his Lordship might not be safe from their pretended Justice when once within their Power My Lord hereupon smiled and said very sedately and yet very resolutely That he would not stir though he did expect the Court would proceed very far not only to the Imprisoning but against the Lives of many and if God in his Providence should think fit to suffer him to fall a Sacrifice to the Malice and Rage of the Court he did hope and did not doubt but the World should see that he could die with as GREAT RESOLUTION as ever his Father did for he was ready at all times and upon all occasions to lay down his Life for hi● Countrey Reflecting therefore on my Lord 's declared Resolution of his not stirring though then under the like danger as in this case apprehended and with what readiness courage and chearfulness he could lay down his Life for his Country and likewise the knowledge that he may be supposed to have of the then Court-Designs which those Villains nine days before his Death declared for it is a Vide D. Smith's Evidence first mentioned sworn the Papists then said The Earl knew so much of their Designs and was so very averse to their Interest that they could never carry them on UNLESS HIS LORDSHIP WAS TAKEN OFF AND HIS LORDSHIP WAS THEREFORE TO BE MURDERED I say when I consider these things and that the more this Honourable Lord knew of the black Intrigues of the Court the more so good a Man and so true a Patriot must be supposed to hate them I can't but imagine that this brave State-Champion when he had been once satisfied that the Court under colour of Law would have taken him off had RESOLVED AS TO HIMSELF to lay open those Popish Arbitrary Court-Contrivances and justified that just Design of standing upon their Guard there was no other way under God to defend what was so grosly invaded Now though his Lordship might suppose by dealing thus plainly he should the more exasperate the Court so that their Malice would be more inveterately bent in his Destruction yet that he declared he FEARED NOT but was ready chearfully to lay down his life in so just a cause And should this daring true Lover of his Countrey have thus expired by his State-Martyrdom he would have given such satisfaction in the Truth of what he thus couragiously with his last breath should have affirmed as would have raised a general hatred against those Arbitrary and Popish Court-resolutions and this might so suddenly have given another so general a Resurrection to that just Cause as would have totally routed those true and only Enemies of both Church and State Our then Enemies under colour of Law were industriously endeavouring the
B. the Bed R where the razor was pretended to be found cl w. the Closset window st the Close Stole E. the bloody foot on my Lords Stockin c. the only Chink of the Closset door ch the Chimney c w. the Chamber window out of which the razor was thrown C D the Chamber door E the Earl of Essex as he was first found by those yt. saw the body before it was pretended to be moued Murder Murder Murder Throw him down Pul him to the Closset Stope his mouth Higher than the highest regardeth Eccl. 5 8 He that formd the Eye Shall he not see Psl 94 9 He that planted the Ear Shall he not heare Psl 94 9 blood cryeth unto me from the ground ● fugitive vagabond shalt thou be Gen the 4. 10. 12. The razor notch'd brook B. 5. foot-6-inch 7 foot-1-inch ESSEX's INNOCENCY and HONOUR VINDICATED OR Murther Subornation Perjury and Oppression JUSTLY CHARG'D ON THE MURTHERERS OF That Noble Lord and True Patriot ARTHUR LATE Earl of Essex As Proved before the Right Honourable late Committee of LORDS or ready to be Deposed In a LETTER to a Friend Blood crieth unto me from the ground Gen. 4.10 A Fugitive and Vagabond shalt thou be in the Earth 4 11. How long O Lord Holy and True dost thou not avenge our Blood on them that dwell on the Earth Rev. 6.10 Written by LAWRENCE BRADDON of the Middle-Temple Gent. who was upwards of five years Prosecuted or Imprisoned for endeavouring to discover this Murther the third day after the same was Committed London Printed for the Author and Sold by most Booksellers 1690 AN APOLOGY For the Letter to a Friend To the Right Honourable WILLIAM Earl of Devonshire Lord Steward of Their Majesties Houshold c. WILLIAM Earl of Bedford c. CHARLES Earl of Monmouth c. HENRY Earl of Warrington c. The Lords of the late Close Committee appointed to Examine into the Death of the Right Honourable Arthur late Earl of Essex MY LORDS WHEN immediately after the Death of the Right Honourable Arthur late Earl of Essex I did first make enquiry with relation thereunto upon such a Page 5. Information as I have already given your Lordships there was nothing that might be expected from a Powerful and Revengeful Party against which I then moved but what I did believe they would endeavour to inflict upon me for this I had the greater reason having then been often credibly told That SOME whose Interest was most concerned to prevent this Discovery had several times declared I should be both Pillory'd and WHIPT But this or whatever else was within their power to impose I was resolved should not deter me from searching after such Circumstances as might rationally convince persons unprejudic'd THAT HIS LORDSHIP FELL not through Self-violence but BY THE TRANSCENDENT AUTHORITY and INTEREST OF SOME AND THE TREACHERY and BLOODY CRUELTY OF OTHERS because that Great Patriot with your Lordships and such others b 22. D. S. stood as Bulwarks against those Popish and Arbitrary Designs which were then judicially seen through a Glass but since to our great Cost and greater Danger face to face and carried on for the Total Subversion of our Church and State Wherefore I had great reason to believe admitting his Lordship was murdered That SUCH who were therein concerned if they found there was no inquisition made after this Blood but that all did seem to believe ONLY by the Evidence of those c Page 23. in whose Custody his Lordship was that this Noble Lord indeed cut his own Throat to avoid what his great Misfortunes seemed to threaten That then the natural Consequence thereof would be this viz. Whomsoever those POWERFUL and BLOODY MEN found to d Page 23. stand in their way whom they then had or should take into Custody they would place over them SUCH as they had prepared to COMMIT or PERMIT what was treacherously designed to be acted and then by Strangling Stabbing Pistolling or CUTTING OF THROATS either of which is a common way of Self-destruction they would take such off pretending as in this Case they did it was done by the persons themselves to prevent an infamous Execution and avoid those FORFEITURES of HONOUR and ESTATE which the Law would otherwise have made by their Conviction and Punishment My Lords The Prevention as much as in me lay of such vile Practices was not the least Inducement that first mov'd me to this Inquiry and whatever Opposition I then met with either under Colour of Justice or Malicious Detractions I was not at all surprised with and therefore the better prepared to suffer it and seeing I could then expect no Relief or just Satisfaction from those who were chief in imposing the Injuries I suffer'd I thought that a time for me in this respect to keep Silence But since God by our present Sovereign hath mercifully removed such Oppressions I think now is the time to speak and not suffer to go unanswered such Malicious and Infamous Calumnies representing me the very worst of Suborners and deserving far Worse usage than ever Dr. Oates underwent and this said not by a few but many Wherefore out of a just Self-regard which every Man owes to himself I thought I was in Duty bound to endeavour some way or other to clear my self to the World from being that profligate Villain I have been as industriously as maliciously Misrepresented And because I would that the Plaister should be as large as the Wound I have in this following Epistle attempted to undeceive the unprejudiced part of Mankind but as for some Miracles will not convince them and others there are who KNOWING much more than I can inform them will never confess themselves Converts to Truth My Lords Would such Men as maliciously Misrepresent me Proceed against me by way of Judicial Information I should take it very kindly for then I should have an Opportunity now Justice is duly Administred and Favour in this I desire none to clear my Innocence And there having been about SEVENTY Persons in all Sworn or Examin'd before Your Lordships and some Justices of the Peace and some hundreds discoursed to find these Witnesses out if I had been such an infamous Suborner as represented In this Cloud of Witnesses they have a fair Opportunity to find some for Suborning of whom they may Proceed against me But being well satisfi'd in my Abhorrence of and Innocence in all such detestable Practices and that I have ever been so far from desiring People to say more than they could safely depose That I did always beseech and enjoyn them much rather not to Swear any thing than the least Tittle more than was true assuring them That whosoever in this Case testifie more than is truth and thereupon any should suffer by such Perjury they would commit the worst of Murthers for which one day tho here not detected they must give a severe Account My Lords In all I did heretofore
suffer from my Adversaries whether during my being Prosecuted or Five Years Imprisonment I had not one uneasy Thought that moved me in the least to repent my having engag'd in so just a Cause and I was firmly possessed with a strong Belief that I should live to see the day wherein my Lord's Death might receive it's PROPER NAME and my self vindicated from that for which I had been so powerfully and maliciously Accused and unjustly Convicted and I hope that day will then come when Your Lorships shall think fit to move to revive this Committee in order to the bringing in Your Lordships Report But what I have or do suffer in the mean while tho it 's more than can be imagin'd yet I must and shall submit to Your Lordships great Judgment herein My Lords I am very sensible of the great Charge the Right Honourable the Earl of Essex hath been at in this prosecution before your Lordships though not greater than therein hath been expended but I cannot apply my self to his Lordship either for what remains or to his Lordship or his Honourable Family or elsewhere for any satisfaction for what I have done and through Oppression as severely as unjustly suffered under the Male-administration of the late Times till the Honour of the Truly Right Honourable but Vnfortunate Earl of Essex is rescu'd from that Unjust FALSE and Infamous Imputation under which in many mens Opinions it hath so many years been buried and without some assistance I must reasonably expect to be cast into Gaol for some of those very Debts which my long Misfortunes have contracted in which miserable place I may possibly perish for want of bread But which is much worse than death thus I was like to suffer under the most odious Character from too many of an infamous Imposture and common Suborner For the avoiding therefore the worst of these two Evils I have published to the World my own Just Vindication and I am sure your Lordships can never blame me for endeavouring to avoid so hard and undeserv'd a Fate And should all this prove my misfortune I am well satisfied 't is without in this respect my fault and therefore having done nothing herein but what I can answer to God and a good Conscience AND I CHALLENGE ALL EVEN THE GREATEST of my ADVERSARIES TO PROVE THE CONTRARY I shall I hope never repent of having done my Duty but shall patiently wait for a deliverance from that which will put a period to all the Tyrannous Oppressions of such as groan under the weight thereof but without true repentance which God in mercy grant to all even the greatest of my Enemies will prove but the beginning of a more lasting sorrow to the CHIEF AUTHOR hereof from WHOM as God in mercy by our present SOVEREIGN hath once delivered us so I hope he will even against the Wills of too many amongst us and contrary to the Deserts of all continue that Blessing Towards the first procuring whereof as your Lordships were some of our Chiefest Patriots so I am sure you will in that evil day which threatens exert your utmost for the prevention of that worse than Egyptian Bondage in which the more than Israelitish Madness of not a few strenuously endeavour to re-enstate us And that God may continue your Lordships Health to see this black Cloud all blown over and a prosperous and a well-grounded Peace firmly setled amongst us and a long continuance of your Lordships in the enjoyment thereof is the humble Prayer of him who doth earnestly beseech your Lordships pardon if in this Publication or present Address I have in the least offended your Lordships whose I am in the most humble Services and whilst I live shall be ambitious of being thought My LORDS Your Lordships most Obedient and Devoted Servant Lawrence Braddon A LETTER TO A FRIEND SIR YOURS of the 10th instant came the last night to my hands and I give you many thanks for your kindness therein expressed and more particularly that you have so often endeavoured to rescue me from the slanders of such as without either knowing my Person or Offence have given me those uncharitable and unjust terms worse than which the greatest Offenders can hardly deserve Sir Your Countrey is not the only place where I have been so traduced but my misfortunes having made my Name known where in person I have never been and my Adversaries being as malicious as numerous I have heard from other hands That I have elsewhere met with the like treatment But to do my self that Justice which I think is incumbent on me in order to the clearing my self from those undeserved Calumnies with which I have been and am daily slandered I have herein sent you a particular Account of what and how and for what I did so unjustly suffer under our late Male-administration And seeing the Honourable late Committee of Lords appointed to examine into the Death of the Right Honourable Arthur late Earl of Essex is dissolved by the last Dissolution of Parliament and most of the Depositions and Examinations taken before this Honourable Committee have been read before the Honourable House of Lords and so no longer to be thought a Secret I do humbly conceive it 's neither an offence or divulging a Secret to publish what since this happy Revolution hath been proved for the clearing of That Truth which when I first engaged to assert was the highest Offence By the Proceedings before this Honourable Committee you will in some measure perceive what great pains those Honourable Persons have been at in the many Committees which have herein sat and the many Examinations taken before their Lordships All which had long since been published to the World had it not been for the Prorogations and Dissolution which have happened depending this Prosecution But when the Honourable House of Lords shall think fit to revive this Committee and order this Report to be made I hope I shall have an opportunity to vindicate my self in some other way than at present is proper Sir Tho this Letter may at first sight seem much longer than you think the Subject-matter required yet when you shall have read the whole and observed the numerous Examinations and Depositions which herein have been made what industrious and villanous Oppositions it hath met with not only in false Reports and sly Insinuations but the many false Oaths which have been procured to destroy the belief of this barbarous Murther you will I hope not find this Discourse so tedious in its perusal as at the first glance you may fear it will prove Sir With the leave of a late Author upon this Subject I have freely borrow'd of that Discourse Yet in all parts not observed his Method but according to your Command shall begin with the Reasons that moved me to this Prosecution In order to which I shall in the first place give you a short Relation of my Lord's Commitment to the Tower with the Depositions
taken before the Coroner upon my Lord's Body for the reading those Depositions proved the occasion of my first engaging herein The Right Honourable Arthur late Earl of Essex was committed to the Tower the 10th of July 1683. by virtue of a Warrant from Secretary Jenkins which Warrant ran as followeth Sir Leoline Jenkins Knight of His Majesty's Most Honourable Privy-Council and Principal Secretary of State THese are in His Majesty's Name to Will and Require you to receive into your Custody the Person of Arthur Earl of Essex herewith sent you being committed for High-Treason in compassing the Death of the King whom God preserve and conspiring to levy War against His Majesty And him the said Earl of Essex to keep in safe Custody until he shall be delivered by due Course of Law And for so doing this shall be your Warrant Given under my Hand and Seal at Whitehall the 10th day of July 1683. To Thomas Cheek Esq Lieutenant of His Majesty's Tower of London L. Jenkins The first night his Lordship lay at Capt. Cheek's the then Lieutenant of the Tower but the next day was removed to Major Hawley's then Gentleman-Porter of the Tower and the two Warders placed upon his Lordship were Nathanael Monday and Thomas Russel one to stand at my Lord's Chamber-door or in his Chamber and the other at the Stairs-foot and thus by turns Paul Bomeny my Lord's Servant was permitted to be with his Lordship At Major Hawley's my Lord lay Wednesday night and Thursday night but Friday morning about 9 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 being Saturday the Jury sate and before them were sworn the aforesaid Paul Bomeny Thomas Russel and two Chyrurgeons whose Informations are as followeth according to the Print but that as I shall observe in its own proper place varies in the Original from 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 1683. Anno Regni Caroli secundi 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 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 incerted and the Footman went and gave the Bill to my Lord's Steward who sent the Provisions but not the Pen-knife and he told the Footman he would get one next day When the Footman was come my Lord asked if the Penknife were come This Informant answer'd No but he should have it the next day And accordingly on the 12th instant in the morning Note 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. 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 Razors 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 Friday the 13th instant This was not in the Original but added by Authority 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 Lord's Chamber about eight or nine in the forenoon on Friday the 13th instant with a little Note from the Steward This interlined in the Coroner's hand where there were Three Lines writ Note This is in the Original but left out in the Print 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 Hangings and looking through the Chink he saw Blood and part of the Razor 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 Razor by him And this Deponent further deposeth That the Razor now shewed to him at the time of his Examination is the same Razor which he did bring to my Lord Note and which did lie on the ground in the Closet 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 14th day of July Anno Regni Caroli secundi Dei Gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensoris c. Tricesimo quinto Annoque Domini 1683. SAith That on Friday 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 a 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 private in his Closet Bomeny came up about a quarter of an hour afterwards Note and knocked at the door 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 Closet whereupon he cried 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 lie on the ground in his Blood and his Throat cut The Information of Robert Sherwood in Fanchurch-street Chyrurgeon taken the 14th day of July Anno Regni Caroli secundi Dei Gratia Angliae
Scotiae Franciae Hiberniae Regis Fidei Defensoris c. Tricesimo quinto Annoque Domini 1683. SAith That he hath viewed the Throat of the Earl of Essex and doth find That there is a large Wound and that the Aspera Arterias or Windpipe and the Gullet with the Jugular Arteries are all divided of which Wound he certainly died The Information of Robert Andrews of Crouched-Fryers Chyrurgeon taken upon Oath the 14th day of July Anno Regni Caroli secundi nunc Regis Angliae c. Tricesimo quinto Annoque Domini 1683. SAith That he hath viewed the Throat of the Lord of Essex and doth find That it was cut from the one Jugular to the other and through the Windpipe and Gullet into the Vertebres of the Neck both Jugular Veins being also quite divided Upon these Informations the Coroner's Jury found my Lord Felo de se The Substance of these Informations in short is this viz. That my Lord of Essex called for a Penknife to pare his Nails but the Penknife not being ready his Lordship required a Razor which was delivered him with which Razor his Lordship retired to his Closet and locked himself in But soon after the Closet-door being opened my Lord was found with his Throat cut through both Jugular and Arteries to the Neck-bone and the Razor as before delivered lying by him These Informations taken by the Coroner were published the next Monday after my Lord's Death and I the 16th of July buying one of these that very Morning with one Mr. William Hatsel went to Wanstead to the House of one Mr. John Evans then an Officer of the Custom-House Upon reading the last part of Bomeny's Information which deposed That when they opened my Lord's Closet-door they found his Lordship on the ground with his Throat cut AND THE RAZOR BY HIM Mr. Evans declared That could not be true for Friday morning about Ten of the Clock being upon the Custom-house-Key with one Mr. Edwards the said Mr. Edwards told him with several others That his Son being in the Tower that morning just before the Death of the Earl of Essex was known he was standing just over-against the Earl's Chamber-window and saw a bloody Razor thrown out of that Window which he went to take up but a Maid came out of Captain Hawley's House and took it and forthwith ran with it into my Lord's Lodgings and up Stairs immediately several times crying out Murther and then coming down pretended the Earl of Essex had cut his Throat Upon hearing Mr. Evans give this Relation I declared If this was true what was sworn before the Coroner must be false and I did not believe they had sworn false for nothing but must conclude my Lord was murdered Hereupon I did desire the said Mr. Evans to inform me where this Mr. Edwards lived for I protested I would enquire into the matter Mr. Evans then told me Mr. Edwards lived in Mark-lane by the Tower When I came to Town that Afternoon about Six of the Clock I did forthwith acquaint several of my Friends with my Design of making immediate enquiry into the Truth of this Story which if I found reason to believe I thought it was proper to be taken upon Oath before some Justice of Peace in order to a further enquiry By most of my Acquaintance I was disswaded from it they telling me That if my Lord was indeed murdered the Persons and Interest concerned in the Murther were too Powerful for me to engage and therefore I must expect nothing but Ruine by medling in the matter To all which disswasions I generally gave this Answer That I would do nothing herein but what I could justifie to God and a good Conscience And the threatned Ruine I did not fear or would thereby be deterred for if my Lord was indeed barbarously murdered the same Principles and Practices that murdered him might take off many of those Honourable Persons they then had or should take into Custody and pretend as they did in this Case That this was done by the Prisoners themselves to avoid an Infamous Execution So that God only knew in how many Mens Destruction such treacherous practices might determine But if those bloody Men once found that such their Design was suspected and like to be detected in all probability they would desist from the like villanous Practices and seeing this would be more for the Interest of the Publick than I could possibly be either in my Liberty or otherwise I was resolved to Sacrifice that and whatsoever else I had to the Service of my Country My Friends finding me thus resolved to engage they advised me at first to inform my Lords Honourable Family herewith and to observe such Directions as from them I should receive wherefore that very Monday Evening I went to St. James's Square to my Lords House where I found Sir Henry Capell under great disorder by reason of that deplorable Accident I did inform Sir Henry of what I had heard but told him That I had not then spoken either with the Boy or his Father who as I was informed lived in Mark-Lane by the Tower and if Sir Henry thought fit I would the next Morning go with any whom he should appoint to Discouse the Father and Him Sir Henry thanked me for my Information but said he was then under such a concern for so great a Misfortune as had herein befaln his Family that he hardly knew what he did or said c. The next Morning I went to Mr. Edwards to whom as soon as I had told the cause of my coming the old Man seemed much surprized and concerned and in Tears told me he was Ruin'd to which I answered That I did suppose he was not ignorant what great things the Father of this Unfortunate Lord had done and suffered for His Majesties Interest and how this very Lord himself had been highly in His Majesties Favour having been imployed in Places of the greatest Honour and Trust and therefore if his Lordship fell by treacherous Hands none in reason could be supposed so zealous for a Discovery as His Majesty would who could protect him from whatsoever Danger might seem to threaten him besides if there were any Danger I stood principally subject to it but the Danger I did not fear considering of what Consequence this might prove by being inquired into at length Mr. Edwards gave me the same Information in substance I had the day before received from Mr. Evans I then desired to see his Son who being then at School I could not speak with him but that Afternoon about Two of the Clock I went again and was then told That the Boy had denied all which denial was occasioned hy his Sisters telling him He should be Hang'd for what he had herein declared this the Sister could not deny but as soon as the Boy was called into the Parlour where I with several others were before I questioned him about it I discoursed him concerning the
danget of a Lye and after I had solemnly enjoyned him to tell me the very Truth The Boy then declared to me as he did at first to his Father and Sisters and told me That his Sisters Threats had frightned him into a Denial Upon this I took in Writing the Substance of what the Boy declared and the next day drew it into a formal Information which followeth The Information of William Edwards Second Son to Thomas Edwards of the Parish of Alballows Barkin London taken the 18th day of July in the Thirty Fifth Year of the Reign of our Sovereign Lord King Charles the Second Anno 1683. SAys That this Informant on Friday the 13th of this Instant July as be was going to School with his Brother Edward he heard that His Majesty and His Royal Highness the Duke of York were going to the Tower whereupon th●● Informant left his Brother and w●●● 〈◊〉 the Tower to see his Majesty and His Royal Highness and when this Informant had seen His Majesty and His Royal Highness this Informant about Nine of the Clock in the Morning of the same day went to see my Lord Brandon Gerard's Lodgings and as this Informant was standing almost over-against my Lord Brandon Gerard's Lodgings between the Lord Gerard's and the late Lord of Essex's Lodgings this Informant saw a Hand cast out a Bloody Razor out of the said Earl of Essex's Lodgings and this Informant was going to take up the said Razor which he saw on the Ground to be Bloody but before this Informant came to the Razor there came a Maid running out of Captain Hawley's House where the said Lord of Essex Lodged and took up the said Razor which She carried into the said Captain Hawley's H●use And this Informant believes that it was the said Maid whom he first heard cry out Murder And this Informant further saith That he heard the same Maid say to some which were about the Doer after the Murder was cried That She did hear the said Lord of Essex to Groan three times that Morning The Information of Mrs. Edwards Wife to Thomas Edwards SAith That about Ten of the Clock in the Morning on Friday the 13th of this Instant July This Informants youngest Son William Edwards aged about Thirteen years came trembling to this Informant and in great Amazement and Horror told this Informant That the Lord of Essex had Cut his Throat in the Tower and further said That he the said William Edwards in the Morning about Nine of the Clock did see a Hand cast out a Razor out of the said Lord of Essex 's Lodging-window which Razor he saw on the Ground to be Bloody and the said William Edwards was going to take up the said Razor but before he came to it there came a Maid running out of Capt. Hawley 's House where the said Earl of Essex Lodged and took up the Razor which she the said Maid forthwith carried into the said Captian Hawley 's House and soon after he the said William Edwards heard her as he the said William Edwards did believe cry out Murder And this Informant further saith That the substance of what the said William Edwards hath Sworn in his Information he the said William Edwards on Friday last did declare to this Informant and her whole Family several times attesting it to be true and several times since This the Boy declared he was ready to attest but finding several Justices of the Peace very shy I thought it proper to carry these Informations to the Secretary of State and know his pleasure therein accordingly Thursday the 18th of July about Four of the Clock I delivered these Informations of the Boy and his Mother to whom the Boy had discover'd it as soon as he came from the Tower My Lord Sunderland seemed much surprised and after some pause told me That I should bring the Persons who were not then with me the next Morning and if it were proper he would take their Depositions The next Morning about Nine or Ten of the Clock I went with the Boy and his Sister the Mother not being well to whom the Boy had likewise as soon as he came from the Tower revealed what he had as before seen As soon as I came to the Secretaries Office I sent his Lordship word that according to his Lordships Order I did attend Immediately upon which before my self or either of the Informants were examined Mr. Atterbury the Messenger came to the Office and took me into Custody the only Instance where such as came to give Information on the behalf of the King Note were so treated before any Accusation against them and some short time after thus in Custody I was called in before the then King and Council The first Question to my remembrance asked was What made me engage in that mater To which I answered That I was altogether unrelated to and unacquainted with that Honourable Family so that there lay no more personal Obligation upon me first to move than upon any Man whatever who might have met with the like Information but it was my love to Truth and Justice first ingaged me in it and through the Grace of God my Duty therein I would do though death stared me in the face every step I made I can't but here observe the carriage of the then Duke of York who with a concerned Countenance leaning his Elbow upon the board covered his Face with his Hand upon which I did immediately imagine that somewhat within did more trouble him than all the trouble from without did me for though I stood as the supposed Criminal I had reason to guess somebody else was the real one I did then observe to His Majesty the incoherence and Contradictions sworn before the Coroner by Bomeny and Russel who were the Persons that pretended to prove the Self-murther before the Coroner upon which his Highness called for those Informations but said nothing in answer His Majesty then took them and said as little but the then Lord Keeper North having read them went about to reconcile those Incoherences and Contradictions upon which I did object against what his Lordship said as insufficient and further urged the Objections I had before made His Lordship seemed very angry that I made those Reflections but with submission I think by printing the Coroner's Depositions every man was in some sort appealed to whether what was so sworn and printed was not sufficient to induce every impartial Person for such the Coroner and Jury ought to have been that the Earl of Essex did indeed cut his own Throat and the printing those great Incoherences and contradictory Depositions argued as great impolicy in the Authority that published them as the deposing them did villany in the Informants or the believing them want of understanding not to say honesty integrity and impartiality in the Coroner and most of the Jury After some time spent in the Examination I was ordered to withdraw into the Secretary's Office
and repeated Orders given by the then King that I should be kept close perhaps that I might not hear the Boy or his Sister examined the Boy was then called in and at first as I was afterwards informed did not deny the truth of his Information but being not then past Thirteen and frighted by being before so great Authority he wept upon which his then Majesty stroked him upon the Head and said did you not invent this to excuse your truenting To which the Boy trembling answered yes this the Boy declared at home after his Examination Then the Sister was called who declared how the Boy upon his first coming from the Tower had inform'd her as before set forth and tho after threatned to be whipt never retracted till the Tuesday when I having been there his Sister had frighted him into a denial which as soon as I came the second time he retracted and stood to his first Information saying his Sister had frighted him and told him he should be hanged and his Father would be undone the fear of which made him deny it She further declared that she did verily believe they never knew or heard of me till the Tuesday after my Lord's death and that I never did give or offer her Brother one Farthing but still enjoined him to speak nothing but the truth this the Sister did after declare was the substance of her Examination After the Sister's Examination was over I was the second time called for and told by my Lord Keeper that I would have suborned the Boy to which I answered that I was well satisfied of my Innocency in and abhorrence of all such Practices which in this case appeared impossible seeing the Relation of the Boy was several days before I ever saw or heard of the Boy nevertheless I was ready to give what Bail his Lordship should be pleas'd to command upon which I was ordered to give Bonds with Two Securities in Two thousand Pound apiece this I did that very afternoon but the omission of the Under-Secretary in the form of these Bonds was very advantageous to me and my Security for whereas the Condition of all Council-bonds were to conclude and in the mean time to be of the good behaviour this Clause in mine was left out by which my Friends were saved from that which otherwise would as you will afterwards find have ruined them Standing thus under Two thousand pound to answer to an Information of Subornation I thought I was in Self-justice bound to make what further inquiry I could to strengthen the Boy 's Evidence To which my Lord Keeper without the least colour suggested I did endeavour to suborn the Boy to swear In this Inquiry I was dayly hurried up and down and found most People afraid to discover what they herein knew and which was more few of my Acquantance could I prevail with to go with me upon these Inquiries for my Misfortunes with the danger that from the corruption of the then Times naturally threatned men deterred all from engaging any ways herein But at length I met with a Gentleman Mr. Cragg who readily went with me upon all occasions In a constant search after many particulars which would be too tedious here to repeat I was likewise informed of a Girl that had also seen the bloody Razor as before thrown out of my Lord's Chamber-window upon which I went to St. Katherine's where the Girl lived and several Persons being present I took in writing what she could say herein and what her Aunt and Mr. Glasebrook to whom she related it as she came from the Tower could testify which Relation was as followeth August the 8th 1683. The Information of Jane Loademan aged about 13 years who did in the presence of these whose names are here under-written declare as followeth THat the said Jane Loademan was in the Tower on Friday morning the 13th of July last and standing almost over against the late Earl of Essex's Lodging Window she saw a hand cast out a Razor out of my Lord's Window and immediatly upon that she heard shreeks and that there was a Soldier by my Lord's door which cried out to those within the House that some body should come and take up a Razor which was thrown out of the Window whereupon there came a Maid with a White-hood out of the House but who took up the Razor she cannot tell John Broom and William Smith August the 8th 1683. Mr. William Glasebrooke doth declare THat one Jane Loadman Aged about 13 years inhabiting in the same House where he the said William Glasebrook lodged did on Friday the 13th of July last past between the hours of Ten and Eleven in the Morning in the presence and hearing of him the said William Glasebrook declare to her Aunt that the Earl of Essex had cut his Throat upon which her Aunt was very angry with her whereupon she the said Girl did declare that she was sure of it For she saw him throw the Razor out of the Window and that the Razor was bloody and that she heard two groans or shreeks which of the two words she used he the said William Glasebrook is not certain Of this he the said Glasebrook is ready to make Oath William Glasebrok Loadman's Aunt Margaret Smith About this time I was informed That the Report of the Earl of Essex's Death was at Tunbridge about Nine of the Clock that very Morning he died whenas my Lord's Death was not known in the Tower till about Nine whereupon I rid to Tunbridge but I found the person very shy and unwilling to appear in the matter I had no sooner returned to London but I was told the same Report was at Marleborough in Wiltshire about 70 Miles from London the very morning of the Earl's death whereupon I rid to Marleborough resolving to trace the Report as near as I could to the Author When I came to Marlborough I met with one Jeremiah Burgis whom before this I never to my remembrance saw or heard of who declared That the very Morning my Lord died he was at Froome in Somersetshire about 30 miles distant from Marlborough and an hundred miles from London and being there at the Dolphin he was informed that the Earl of Essex had cut his Throat in the Tower I did desire Burgis to write me a Letter to the Master of the House at Froome to inform me if he could remember who it was that reported this at his House I did at Marlborough likewise speak with one Lewis who did also inform me That about Two of the Clock the day the Earl died as he was riding up Husbands-Hill not far from Andover he overtook a Gentleman riding a very easie Traveller's pace and as they were discoursing of the News in the Countrey the Gentleman said He had heard a report of the Earl of Essex that he had cut his Throat in the Tower But the Gentleman was altogether a Stranger to him and therefore he could
not inform me how or where to find him With Burgis his Letter I was riding to Froom but when I came within about six miles of the place at a Town called Bradford I stopt at an Inn-door to drink a Glass of Cyder upon which one Beach an Attorney notorious in his Countrey and Generation informed a Justice of Peace then there That I looked like a disaffected person by wearing Band and Cuffs and therefore in that dangerous Time I ought to be examined upon which the Justice came out to examine me and there came with him one who knew me so that the Justice seemed well satisfied But Beach taking the Justice aside tells him That he ought to be more strict and search me for by my wearing Band and Cuffs it was plain I was disaffected to the Government of this I have been often told by some then there upon which the Justice told me He must search me When I perceived this I thought it proper to give the Justice a particular Account of the Occasion of my being in the Countrey as also what Papers I had about me which Papers being read after some Debate and advising with Beach he made a Warrant for my Commitment the Form whereof in the Conclusion was the most Illegal I ever saw The Warrant ran in these words viz. Wilts ss TO the Keeper of His Majesties Goal of Fisherton-Anger in this County or his sufficient Deputy These I send you herewithal the Body of Lawrence Braddon apprehended in the Town of Bradford in the County aforesaid thi● present Two and twentieth day of August taken upon Suspicion of being a dangerous and ill-affected person to the Government and for refusing to give an account of his business in these Parts and for having Letters of dangerous consequence about him These are therefore in the King's Majesty's Name to Will and Require you That upon sight hereof you receive him the said Lawrence Braddon into your Gaol and him there safely keep not permitting him to have Pen Ink or Paper or Pers●n to converse or speak with him until you shall receive further Orders from His Majesty and Privy-Council Hereof you are not to fail at your peril Given under my Hand and Seal at Bradford this 22d day of August aforesaid Anno Regni Caroli Secundi Angl. c. 35. Anno Dom. 1683. It was long before I could prevail with the Justice to let me hear my Warrant read but when I told him by the Statute I would have a Copy of it within six hours after I was brought to Gaol 31 Car. 2. he read it to me finding the Conclusion to be so Arbitrary I told him he could not justify his Warrant which should the Jaylor obey I might be kept a close Prisoner during life For I was not to be admitted to Pen Ink or Paper or converse till the Jaylor heard from the King and Council without which I must perish in Prison without Conviction or Tryal I told him That all such Warrants of Commitment ought to conclude till he be discharged by due course of Law but the Justice told me he would maintain the Legality of his Warrant By vertue of this Warrant I was carried to Wiltshire Gaol about 30 miles distant from Bradford where I found the Keeper of more sense or honesty than either his Worship or his Cabal for there were several Attorneys in the Inn when I was examined with whom Mr. Justice advised for the Goaler told me that notwithstanding the strictness of my Commitment I should discourse with whom I would himself being by and write to whom I would whilst he was present and saw it Thanking my Keeper for this Civility I did immediately demand a Copy of my Commitment and writ to London for my Habeas Corpus thereupon which within some short time I received and was brought to London to be bailed but all the Judges being out of Town I was according as the Statute herein directs to be carried before my Lord Keeper North but his Lordship ordered the Goaler to bring me before him at the Council that Afternoon as soon as I ap-appeared before his Lordship my Lord seemed well pleased at a supposed but mistaken advantage he thought to have had against my Bail for his Lordship smiling told me notwithstanding he did not expect that I should have had much regard to my self yet he did believe I would have had that just respect to my Bail as not to ruine them by those new matters then to be laid to my Charge To which I answered I knew not wherein I had prejudiced my Bail of whom the only thing required was my appearance the then next Term which if God permit I would do and thereby indemnify them No replied his Lordship smiling the good behaviour was likewise required A notorious breach whereof appears in these matters you stand afresh charged with I did humbly appeal to the Bonds themselves and in the Condition there appeared the Omission before observed For which his Lordship was very angry with Secretary Jenkins who immediately transferred the blame thereof to his under-Secretary When his Lordship found that by this neglect my Bail was slipt from his hands his Lordship was resolved to hold me fast enough and therefore demanded Bonds with Sureties in Twelve thousand pounds for my Appearance and as much more Security for the Good Behaviour I did hereupon desire his Lordship That he would consider the Statute upon which I then came to be Bailed and as that Statute required his Lordship would consider my Quality and the nature of my Offence As for the first I was a younger Brother and my Father living and as to the second the pretended Crime it was of the very same nature with that under which I stood bound with Sureties in Two thousand pound for my Appearance My Lord Keeper reply'd That according to the Statute he did consider both my Condition and the Offence and regulated his Demands accordingly for had I been an Alderman of London my Quality answerable to the Crime for every Six thousand pound his Lordship would have demanded Twenty so that then I must have given Eighty thousand pound Bonds in Bail and Suretyship which to the best of my remembrance is twice as much as I ever yet heard demanded of any Nobleman in England though under a Commitment of High-Treason Whilst I was before the Council I desired his Lordship that some of those Witnesses might be sent for out of the Countrey where the Report was of the Earl's having cut his own Throat in the Tower before his Lordship was dead Upon which one of the Lords of the Council to the best of my remembrance the now Marquess of Hallifax said This is just as it was in the Case of Sir Edmundbury Godfrey But the Lord Keeper I found would not send for Witnesses to prove what his business was industriously and oppressively to stifle Not being able to comply with these hard terms I was
Misdemeanor Subornation and spreading False News This Information charges Mr. Speake and my self with falsly unlawfully malitiously and seditiously endeavouring to procure false Witnesses to prove That the Right Honourable Arthur late Earl of Essex was killed and murthered by persons unknown in whose Custody he was but to destroy this conspired Charge of Mr. Speake and my self against those in whose Custody my Lord was at the time of his death the then Attorney-General tells the Court That they would give an Account of the Earl's Death how he murthered himself and for that they had a CLOUD OF WITNESSES Speake and Braddon's Trial pag. 30. But when this Cloud appeared it consisted in Major Hawley at whose House my Lord was murthered Russel the Warder who then kept the Chamber-door Bomeny my Lord's Servant then attending on his Lordship and Lloyd the Sentinel who kept the outward Door whilst my Lord was murthered Here are Three Monday being the 4th of the Men in whose Custody my Lord was and consequently according to the Information the very Men Mr. Speake and my self had conspired to charge with my Lord's Murther and these very Men in whose Custody my Lord was were like a Cloud of Witnesses brought to prove that those Men in whose Custody my Lord was did not murther his Lordship but that the Earl himself feloniously and as a Felon of himself did kill and murther How very ridiculous would it have looked should the then Court or King's Council have thus spoke to those Three Witnesses viz. Gentlemen YOU being three of the men in whose Custody my Lord was at the time of his death are designed to be charged by the Defendants Speake and Braddon with the murther of my Lord but WE have thought it convenient and JUST by YOU to prove that YOUR SELVES did not murther this unfortunate Lord but that this Lord himself feloniously and as a Felon of himself did kill and murther as UPON ONLY SOME OF * Bomeny's and Russel's Information before the Coroner which are at large herein before printed YOUR DEPOSITIONS he hath been already found by the Coroner's Inquisition Do YOU therefore upon Oath but purge YOUR SELVES and lay this Murther to my Lord 's own door and WE will inflict exemplary punishment upon these Defendants whose Conspiracy tended to the charging YOU as Actors in it or Privy thereunto I do humbly conceive that all this was virtually included in the Examination of those Witnesses whose Oaths were not only admitted to purge themselves but to render such as Criminals as should endeavour to charge them Should the like be practised in protection of all accused I am well satisfied no man would turn Accuser If any shall say THESE being the men attending on my Lord at the time of his death and his Lordship then a close Prisoner are the persons to be presumed privy to what was done BY his Lordship just before his death and therefore the parties which as to that could be sworn I answer As they were THE MEN which were to be presumed privy to what was done BY his Lordship just before his death because they were the persons whose Stations were so near his Lordship for this very reason they were THE PARTIES which were likewise to be supposed privy to what was done TO HIS LORDSHIP just before his death and therefore admitting that his Lordship fell by Treachery and Violence these were THE MEN must be presumed conusant thereof Wherefore these mens Testimony being in effect a Self-discharge ought not here to have been admitted With all submission to that great Justice Judgment and Policy which drew and managed this Information against Mr. Speak and my self I think herein the managers of this Prosecution extremely failed in their proof for Mr. Speake and my self being accused with falsly c. conspiring to charge those in whose custody my Lord was with murthering my Lord The Duty incumbent on the then King 's or rather DUKE's Council was to prove That we or one of us did use indirect means by Bribes Threats or the like to procure those False Witnesses and this or whatever else was brought to prove this Information ought to have been deposed not by such as appeared in Court in effect with Halters about their necks to swear for their OWN lives being virtually told This do and you shall live but in the day ye fail thereof ye shall surely die But this Information ought to have been testified by men who stood recti in Curia which were neither themselves to be hanged for murthering my Lord provided they would not by consequence prove he did murder himself or to be not only saved but well rewarded in case they did though contradictorily confirm the same As for all those Witnesses which were produced against us to prove any Bribes or the like I do suppose Prejudice it self will not pretend to say that by the Trial which none can believe Sir George Jefferyes would order partially in our favour to be printed the least colour of proof is given by any That Nation is happy whose Government answers the true end of Governours viz. To be terrors to Evil-doers and a praise to those that do well but when once this end is inverted and Justice or rather that which a Corrupt Court falsly calls so becomes a SKREEN to Malefactors and punishment inflicted on those who would punish them then is that Kingdom in a much worse condition than it could be by the state of Nature For Justice thus corrupted would prove as fatal to the Body Politick as the poisoning all Drugs Simples c. would to the Body Natural This by the perversion of all Law and Justice would probably have proved our general Fate had not God in mercy by our present Sovereign removed the Source hereof But to return Upon my Tryal I did expect all that the most inveterate and milicious Rage could utter and therefore was not surprised with all that Fury and unjust Inveteracy that appeared in the Court especially the MOUTH thereof for in the midst of his Rage when I was falsly represented under the most odious Character worse than a Common Robber or Burglar for these Mens Crimes tended only to a private Mischief but mine to a general Confusion I could not forbear smiling upon the then remembrance of this Story A Neighbour of mine whom long since I knew in the Country an illiterate plain Country Farmer who had a Wife of as violent Spirit as liv'd and one day she came into the Room where her Husband was with several Neighbours as soon as She came tho there was not or it seems had been the least colour for a provocation for he still carried himself well towards her She flies into the greatest Rage imaginable calling him all the Names that Malice could invent or Rage could utter and had She not been prevailed upon might have done him some Mischief The Husband in the midst of this great Storm well knowing all to be false
for a Pen and Ink and with his own hand crossed it by which I perceived I was designed for Judgment not Mercy and upon application was so told for I was inform'd that no man was more obnoxious to His Majesty than my self who was the only person that ever cast Blood in his face But if his own conscience by a just application threw it there I could not help that I am sure they that said it talked without Book for nothing at my Trial or at any time after proved against me made any such thing appear I must confess several Witnesses at my Trial subpoena'd could have mentioned somewhat with relation to his then Highness's Guilt in this matter but I found it was a Truth too hot which that Court would not hear and therefore thought it not proper to call them but left them till such a Season wherein Truth in this matter should not be prosecuted as the highest Offence And thls brings me to the Proofs that have in this Case been taken before the late Right Honourable Committee of Lords But before I do begin with the Evidence it may not be amiss to give some short Account how this Case came before that Right Honourable House where it was occasionally brought upon the motion of the Right Honourable the Lord Lucas then Governour of the Tower For the day before the Convention sate viz. the 21st of February 1688. having a Warrant against several as suspected privy to or concerned in the Murther of this Honourable Patriot and amongst the rest against Major Hawley at whose House my Lord was murdered and Russel the Warder before-mentioned both which belonged to the Tower I desired a Friend of mine to acquaint the Honourable Governour therewith so that these persons might be secured As soon as the Lord Lucas saw the Warrant against these two he did order them both to be be secured and the next day there was several Depositions with relation to my Lord's Murther taken before Justice Robins who that very day carried Copies of them to my Lord Lucas upon which his Lordship the very next day moved the House of Lords for their Lordships directions as to the disposal of Hawley and Russel and thereupon produced these Informations Mr. Robins had before brought him Upon reading of these the House entred into a debate of the matter and then called me before their Lordships before whom I gave a short Account of what is as before most materially mentioned After which their Lordships constituted a more general Committee This Committee having several times met there was a close Committee appointed the Order for which followeth The Order for the close Committee Die Martis 5. Februarii 1688 9. LOrds Committees appointed by the House to be a Close Committee to examine and take Informations concerning the Death of the late Earl of Essex and have power to send for and examine what Persons they please and such Affidavits as have been already made in this business as also for what other they please in order to give their Lordships further light therein whose Lordships are to make Report thereof to the House E. Bedford E. Devonshire L. Visc Mordant L. Delamere Whose Lordships are to meet when and where and as often as they please Before this Right Honourable Committee there have been above Sixty persons examined of which most were examined upon Oath and many of these several times before this Committee which in all have sate above thirty times and several times adjourn'd when other extraordinary Occasions hinder'd their Lordships from taking the Depositions of such as then attended to be examined In May last three of the four Lords of this Committee viz. the Earl of Devon the Earl of Monmouth and the Lord Delamere being commanded by His Majesty into the Countrey the Earl of Devon being Chairman of this Honourable Committee the 22d of May brought such Depositions and Examinations as in this Case had then been taken into the House But the House not having time that day to read them it was deferred till the then next day Upon the reading of them it appearing that the Earl of Devon the Earl of Monmouth and the Lord Delamere were absent in His Majesty's Service for the Earl of Devon that very morning went into the Countrey their Lordships thought fit to suspend the full Examination of the matter till these three Lords returned This appears by the Order following Die Jovis 23 Maii 1689. AFter reading several Papers and Depositions relating to the Death of the late Earl of Essex it is ordered by the Lords Spiritual and Temporal in Parliament assembled That the Considerations of this business shall be suspended until the return of the Lord Steward the Earl of Monmouth and the Lord Delamere who were of the Committee before whom they were made and who are now in the Countrey in His Majesty's Service And it is further Ordered That the said Depositions and Papers shall be sealed up and kept by the Clerk of the Parliament in the mean time Joh. Browne Cleric ' Parliamentor These Depositions lay sealed up with the Clerk of the Parliament till the 26th day of October when their Lordships of the first Committee moved for reviving the Committee which the House revived by this Order Die Sabbatis 26 Octobris 1689. ORdered by the Lords Spiritual and Temporal in Parliament assembled That the Committee appointed on the fifth day of February to take Informations concerning the Death of the late Earl of Essex be and is hereby revived to continue and sit as before Joh Browne Cleric ' Parliamentor ' Several other Persons were now examined before their Lordships who having finished their Examinations they began to reduce those Depositions and Examinations into such order as to their Lordships should seem most meet but this was hardly finished before the 27th Day of January when the last Parliament was prorogued and the 6th of February dissolved and consequently all Proceedings hereupon stopt till their Lordships shall think fit to revive the Committee in order to bring in their Report The Substance of what hath been deposed before the Honourable Lords of the late Committee and some Justices of the Peace I shall in as short an Abstract as I can well reduce it here give you in which I shall observe for the most part as it falls in order of time and first what passed before my Lord's Murther secondly the day of his Death thirdly after the day of his Death As to the first before my Lord's Murther it is deposed by Dorothy Smith to this effect That about nine days before my Lord's Death being Servant with one Holmes in Baldwins-Gardens and standing upon the Kitchen-stairs she heard several Papists discoursing in the Parlour of the said Mr. Holmes's House concerning the taking off the Earl of Essex and it was then and there declared That they had been with His Highness and His Highness was first for poysoning the said Earl but that manner of
Death being objected against it was proposed to His Highness That the Earl should be stabbed but this manner likewise not being thought proper His Highness had concluded and ordered his Throat to be cut and His Highness had promised to be there when it was done About three days after this viz. about six days before the Earl's Death some of the aforesaid persons met again at her said Master's House where she heard them declare to this effect That they had resolved the Earl's Throat should be cut but they would give it out That he had done it himself and if any should deny it they would take them up and punish them for it This Informant being hereupon much troubled in her mind and willing to prevent if possible this intended Mischief did hereupon advise with one Mr. Billinger who before that time had been her Master but the said Mr. Billinger told her to this effect That if she valued her life she should not discover it to any for the Papists then carrying all before them she was ruined if she did Wherefore she did not before my Lord's Death to her remembrance discover it to any other unless she might to Mrs. Billinger in which she can't be positive But the day of my Lord's Death about Two or Three of the Clock the same day some of the aforesaid Consult coming to her said Master Holmes's House one leap'd about the Room as extremely over-joy'd and strikes the said Mr. Holmes on the back and cried The Feat was done or we have done the Feat And further said He could not but laugh to think how like a Fool the Earl of Essex look'd when they came to cut his Throat She further saith That about five years since living with Mr. Rowdon of the Old-Exchange she was willing to discover what she had as before heard to her said Master and Mistress and Daughter but her said Master Rowden was not free to hear all she could say with relation hereunto but advised her to hold her peace for by such her discourse she might ruine Him and all his Family This is further confirmed by the Oaths of Mr. Rowden Mrs. Rowden and Mrs. Mary Rowden And Mrs. Rowden doth further depose to this effect viz. That the said Dorothy Smith hath some years since with great concern declared That she did hope to live to see the day wherein she might fully testifie her knowledge herein and this she would do when she might without danger Mr. Adams and his Wife have deposed to this effect That November last was two years this Dorothy lived with them as their Servant and in tears hath often declared her over-hearing the Papists consult of my Lord of Essex's Murther several days before his Death and by whose Order the Earl was to be murdered But these Informants knowing the danger of such discourse the late King James being then in so great Power did advise her for her own Safety and the Safety of those she lived with not thus to discourse But the said Dorothy in tears did usually answer That it lay upon her mind night and day and she could not be quiet in her thoughts that the Earl of Essex should be falsly charged with cutting his own Throat when she had heard the Papists resolution to cut it themselves and after own they had done it And if ever she might with safety testifie the Truth herein she would and did hope those Men that did it might suffer for it Richard May deposeth to this effect That to the best of this Informant's remembrance before the Death of King Charles the Second observing Dorothy Smith to be very melancholy he desired to know the cause upon which she said That somewhat which she knew with relation to the Death of the late Earl of Essex was the cause of her trouble and it was not safe for her to reveal it to any Upon which this Informant advised her then to be silent in the matter But about the beginning of February after our now King's coming finding it safe for the said Dorothy Smith herein to declare her knowledge this Informant went to the said Dorothy Smith and told her She might now safely speak what she knew as to my Lord's Death upon which the said Dorothy Smith told this Informant How she had heard the Papists several days before my Lord's Death declare How the Earl's Throat was to be cut and by Whom ordered with several particulars in relation thereunto upon which this Informant discovered this to Mr. William Tornay who thereupon told this Informant he would reveal this to Mr. Braddon then upon the Prosecution of my Lord's Murther and some short time after Mr. Tornay told this Informant That he had therewith acquainted Mr. Braddon and desired this Informant with the said Dorothy Smith to meet the said Mr. Braddon and the said Mr. Tornay such a time at the Cross-Keys in Watlin-street where they met accordingly But when Mr. Braddon had been particularly informed herein by the said Dorothy Smith the said Mr. Braddon declared That unless the said Dorothy could make it appear That she had long since revealed this he would esteem it as a new-made Story and a Lye Upon which the said Dorothy mentioned the Names of several to whom she declared she had long since revealed it but by all was enjoined to Secrecy Mr. William Tourney hath likewise deposed what herein relates to him And I am ready to depose That I never heard of this Dorothy Smith till Mr. Tourney about February last was Twelve Month informed me of her and I never to my remembrance saw the said Dorothy Smith till the said Mr. May had as before brought her to the Cross-Keys in Watlinstreet where I first discoursed her in the presence of Mr. May Mr. Tourney and another Here are five or six Witnesses prove the very Substance of this Evidence revealed some years since when it was little less then Death to discourse it which clearly proves it is not a new-made Story and strongly argues the truth of the Relation for it can hardly be supposed that this Woman should often under the greatest Concern and Danger imaginable declare any thing of this nature unless the Relation was really true Because she could rationally then propose no Advantage by this Invention but was still told and convinced of the Danger Wherefore 't is rational to suppose that only the power of Truth moved her to declare what she so often in Tears related But as a further Argument of the truth of this Deposition I shall briefly relate what Informations have been taken in Contradiction to this Relation and how these Informations have been detected as false in every particular which corroborates the Truth of the Accusation For as a true Defence detects and frustrates a false Charge so a false Defence being discovered to be such as strongly strengthens a true one The Depositions in opposition to Smith's Evidence were Dorothy Hewits a most violent Papist who the 9th
Tower This is proved by Eight Witnesses Mr. Hubland Merch. Mrs. Hubland Mrs. Meux Treherne Jeremiah Burgis Thomas Feilder Savage Mr. Butler It is as to this sworn That at Frome which is about 100 Miles from London it was reported the very next morning after my Lord's Commitment to the Tower viz. the 11th of July 1683. that the Earl of Essex had cut his Throat in the Tower And this Informant the week after my Lord's death meeting the Gentleman which had before given him this Information and desiring to know how before my Lord's death he could declare it the other replied That all men concluded my Lord would either cut his Throat or turn Evidence against his Friend my Lord Russel but it was generally believed that my Lord would rather destroy himself than be made a Witness This Report so far off the very next morning after my Lord's Commitment proves the Tower to be the place before my Lord's Commitment pitched upon as the most proper for this perfidious Tragedy But the very next day viz. the Wednesday after my Lord's Commitment was it reported about 60 miles off that the Earl of Essex had cut his Throat in the Tower for this reason viz. The King and Duke coming into the Tower to view the Tower the Earl of Essex was afraid the King would have come up into his Chamber and seen him but his Guilt and Shame was such that he could not bear the thoughts of it and therefore cut his Throat to avoid it Observe in this previous Report sixty miles from London the next day after my Lord's Commitment the very pretended Reason for the Self-murther is given which Reason carries in it an accident that could never be before reported or indeed expected but by those which were the most secret in this Treacherous Cruelty for herein is it said the Wednesday before the King and Duke went to the Tower that the King and Duke were in the Tower when the Earl cut his Throat c. It is notorious that the King and Duke did not go till Friday morning and their then going was a surprize to their very Guards for it seems they had not been there together above once since the Restauration In short These several Reports proved by Eight Witnesses all agree in the manner how and place where and one more particularly sets forth the pretended Reason wherefore I do therefore humbly submit to every impartial Reader whether these very Reports do not strongly prove that the manner place and pretended reason were all agreed upon before this barbarous complicated Tragedy was acted For otherwise how could it possibly be so particularly related so far off and so long before it was done I shall in the 2d place observe what passed in the day of my Lord's murther which proves his death to be such Bomeny and Russel before-mention'd did before the Coroner's Jury upon Oath deny that any men were let into my Lord that morning my Lord died The like did John Lloyd the Soldier that kept the outward Door depose at my Trial pag. 57. Nathanael Monday who was my Lord 's other Warder and likewise Russel before the Lords have denied that any men were that morning let into my Lord. But that there were some Ruffians a little before my Lord's death let in to murther him plainly appears by the Proofs following Mr. Samuel Story deposeth to the effect following viz. The 21st of January 1688. being the day before the Convention sat John Lloyd Sentinel upon the late Earl of Essex at the time of his death was taken up as suspected privy to the said Earl's murther and being therefore in custody the said Lloyd with tears in his Eyes wrung this Informant by the hand and declared That by special Order of Major Hawley or one of my Lord's Warders he did let in two or three men into the Earl's Lodgings just before his death and he was very sure and could safely swear that Major Webster then there in custody suspected as one of the Ruffians that murthered my Lord was one and that as soon as he so let them in he heard a noise in my Lord's Chamber and somewhat thrown down like the fall of a man soon after which it was said the Earl of Essex had cut his Throat This Lloyd the same day before the Justice did confess the letting in some men a little before the Earl's death as appears by his Examination following The Examination of John Lloyd of Goodman's-Yard in Aldgate Parish without in London Clothworker taken before John Robins Esq one of the Justices of the Peace for the County of Middlesex the 22d day of January 1689. THis Examinant saith on the day whereon the Right Honourable the late Earl of Essex was found dead upon the suspicion of having been murthered in his Lodgings in the Tower of London he then being a Soldier was standing Sentinel at the door of the said Earl's Lodgings and had order to let no body up stairs to the said Lodgings without leave from Major Hawley or the Warder then in waiting on the said Earl and that about half an hour after Eight of the Clock in the Morning of the said day two Men to this Examinant unknown knocked at the hatch-door belonging to the said Lodgings and by permission of the said Warder entred the said Lodgings but when they came out he can give no account and that about Nine a Clock he heard a struggling on the said Morning and a little time after heard a Crying My Lord is dead After Lloyd had lain some time close Prisoner in Newgate he did desire to see one Mr. Tempest a Neighbour of his who having permission of the Secret Committee to discourse Lloyd thereupon went to Newgate where he found the said Lloyd very melancholly when Mr. Tempest first came Lloyd told him that he did hope as he was his Neighbour he would be his Friend and true to him to which the other answered that he would if the said Lloyd was ingenuous in his Discovery whereupon the said Lloyd after often pressing the said Mr. Tempest to be true to him told him that when he was first seised he did confess to a Gentleman who was altogether a stranger to him the letting in some men into my Lord of Essex just before his death and this Confession did lie upon his Conscience and troubled him night and day upon which the said Mr. Tempest replied That the like he had confessed to several the same day he was taken and he declared the same before a Justice of Peace but if it was false he ought to retract it and be sorry for having said it whereupon the said Lloyd renewing his Request that the said Mr. Tempest would be true to him said it was indeed very true but it was what he should not have confessed Lloyd did then farther declare That upon the letting in those Men there was so great a bustle in my Lord's Chamber that the said Lloyd would
have forced in after them but the Warder had made fast the outward door so that he could not and that upon the bustle he did hear somewhat thrown down like the fall of a Man which he did suppose was my Lord's Body and soon after it was cry'd out that my Lord of Essex had cut his Throat This is the substance of what Mr. Tempest hath deposed before the Lords By this it appears more than probable not only that my Lord was murthered but that there was some villanous Oath of Secrecy entred into by those concern'd therein not to discover what they knew with relation thereunto for what other as likely reason can be assigned for Lloyd's being troubled in Conscience as he pretended for having confessed what at the same time under repeated injunctions of secrecy he confirmed to be true though he said he should not have confessed it But to put this matter beyond all doubt that some men were bustling with his Lordship just before his pretended Self-murther discover'd evidently appears by this Information following Martha Bascomb declareth and before the Lords in substance hath depos'd That a little before the death of the late Earl of Essex was discovered this Informant was walking up before the Earl's Chamber-window and hearing a very great trampling and bustle in my Lord's Chamber this Informant stood still and looking to the Window of the said Chamber saw three or four Heads move close together and heard one in the Chamber which seemed to be one in this bustle cry out very loud and very dolefully Murther murther murther this Informant not then knowing it to be my Lord's Lodging nor thinking any other of this Cry than what might be occasioned by some accidental quarrel walked up towards the Chappel but not out of sight of the Lodgings and about a quarter of an hour after or less it was first cryed out in the House that the Earl of Essex had cut his Throat upon which this Informant went down to the House and being shewed the Chamber where the Earl lay she found that was the Chamber where she saw the men and heard the bustle and Murther cried out as before related This Informant further saith That some few days after this telling Mr. Perkins and his Wife whom she then kept in her lying in of what she had seen and heard as before declared the said Mr. Perkins advised her not to speak of it for her divulging it in all probability would prove her ruine Mr. Perkins hath upon Oath confirmed the latter part of Martha Bascomb's Information which clearly proves this not a newly-invented Story I think this proof is little less than occular Evidence of the Murther for my Lord was a close Prisoner to whom as was pretended and sworn by such as kept the Chamber-door none was admitted that Morning but his Lordship cut his Throat in all silence whereas it is here deposed that several were bustling together in my Lord's Chamber before his death and this part agrees with the Confession of the Sentinel who let in the Ruffins and one in this bustle which can be presumed to be no other than my Lord cry'd out several times very loud and very dolefully Murther Murther Murther And as a farther Confirmation of these Men being and by whom sent to murther my Lord Elizabeth Gladwin and Sarah Hughes declare and before the Lords in substance have deposed 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 Ruddle 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 murthered and that by the Order of his ROYAL HIGHNESS for the said Ruddle 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 Ruddle 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 suffered upon which his HIGHNESS seemed very dissatisfied 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 Earl's Lodgings to murther him So far before their Lordships The said Ruddle declared this with great earnestness and passion and protested he thought no man safe who was against the Popish Interest if once they began thus bare-faced to cut Throats And he protested his blood did so boil aginst his Royal Highness that if he could have got a Party that would have stood by him he would have shot his Highness dead upon the spot for so bare-fac'd a murther had before scarce ever been committed under a Civil Government John Bampton and his Wife both declare and in substance before the Lords have deposed That about one of the Clock the very day the late Earl of Essex died in the Tower one Robert Meak that morning a Soldier in the Tower came to these Informants House and these Informants desired the said Meake to give them the best account he could how the Earl of Essex cut his own Throat to which the said Meake with some earnestness and passion answered That the said Earl did not cut his own Throat but was barbarously murthered by two men sent for that purpose by his ROYAL HIGHNESS to the Earls Lodgings just before his death What Ro. Meake did further declare and what was since his fate you will hear in its proper order I do expect it will be objected That these four are but hearsay Evidence To which I shall answer almost in the very words of a late Discourse on this Subject viz. Seeing there is reason to believe that the stifling the first murther occasioned the addition of these two Soldiers blood as you will hereafter have some grounds to uppose I think such Informations ought not to be slighted for after that rate it 's but taking off such as knew any thing with relation to a murther and you are very secure from any discovery though never so many upon Oath give an account of what those men whose mouths have been by murther stopt from giving their own relation have declared in the mattor These two Soldiers related the same as to the sending the Men into my Lord's Lodgings in two Houses as far distant as Dukes-place and Baldwin's-Gardens and I am verily persuaded that neither Hughes nor Gladwin ever spoke to Bampton and his Wife in their lives for neither two remember to have seen or heard of the other Informants And who could imagine that two Soldiers should declare with such concern and earnestness that which was so very dangerous to be spoken if their love
the House when my Lord was murdered seems farther probable from the Relation of Mary Johnson then at work in Major Hawley's House at the time of my Lord's Death and what Account she hath hereof given appears by these two Informations The Information of Philip Johnson of Whites-Alley in Coleman-street in London Free-mason taken the 22d day of January 1688 9. before John Robins Esq a Justice of the Peace for the County of Middlesex THis Informant maketh Oath and saith That Mary Johnson his Wife since deceased being a labouring Woman to Major Hawley in whose House the late Earl of Essex was found dead That the morning on which he died as she was at work she heard a noise and designing to go up stairs she met Major Hawley coming down who told her My Lord was dead upon which she went up stairs and found the said Earl dead in his Closet as she gave her Husband this Informant an account and that by Order of the said Major Hawley she helped and assisted a Man to the best of his memory his Name is Major Webster to strip the said Earl from his Cloaths and at the further Command of the said Major Hawley she washed the said Earl's Body and also washed the said Chamber and Closet belonging to the said Earl for the said Major Hawley gave her 10 s. and that the Neck of the Cravat that she took off the said Earl's Neck was cut in three pieces The Mark of Philip Johnson The Information of Miriam Tovey of Red-Lion-street in White-Chappel-Parish in Middlesex Widow taken the day aforesaid before John Robins aforesaid THis Informant maketh Oath and saith That she several times heard Mary Johnson abovesaid declare the Substance of the preceding Information and further sweareth The said Mary Johnson told her That Major Webster was the Person who helped her to strip the said Earl of his Cloaths which she was very unwilling to do saying She should bring her self into trouble and hazard of her life by intermedling with the Body before the Coroner had sat upon it and that Major Hawley told her She must do it and should come to no trouble by it Miriam Tovey But it seems Major Hawley's Principles were ever averse to those brave True English Champions that opposed the late Court-Arbitrary-designs and could afford those Honourable Lords and Truly-worthy Knights and Gentlemen no better Titles than Rogues This appears by what he declared the very day that a great number of Honourable Lords amongst which this unfortunate Lord I hear● was one and Worthy Knights Gentlemen and Citizens dined together at Mile-end-Green for some time that afternoon Hawley told Mr. Bunch then a Warder That above Two hundred Rogues that day dined together at Mile-end-Green but he did wish that he had Forty of the biggest of them there in the Tower that they might be made shorter by the Head for till then the Land would never be at quiet This in substance is deposed by the said Mr. Bunch who with one Mr. are ready likewise to depose That some time since discoursing with one a Servant-maid in the Tower at the time of my Lord's Murther but since turned out they told her That it was supposed to be Major Hawley that occasioned her being turned out of the Tower but she replied It could not be the Major for he was the best Friend she had in the world upon the account of somewhat which she knew with relation to the Death of the late Earl of Essex I have some grounds to believe that not a few in the Tower that morning my Lord was murdered could discover several things very material in order to a farther detection and particularly as to the coming out of the Ruffians after they had perpetrated this not to-be-parallell'd treacherous Cruelty for I have been informed by some who that very morning my Lord was murdered were in Leaden-hall-Market That there came a Servant-maid who then lived as she said in the Tower to that Market the very same morning and wringing her hands she wept and cried out The Earl of Essex was murdered upon which the People gathering about her advised her to silence telling her she would bring her self into trouble by such expressions the Maid thereupon declared She was sure it was true for she saw the Men that murdered him just as they came from his Lodgings I have used all diligence possible to find this Maid out but neither of those I have met with could tell me her Name or the Name of the person in the Tower with whom she lived Not long after my Lord's Death I was likewise informed of the Name of one who declared he saw the Ruffians just as they came out of my Lord's Lodgings and did observe some Blood upon the Cloaths of one of them But having been obliged in a hurry often to convey away my Papers this Name I have lost I do wish I could find men as free as their Duty obliges them in this matter to declare what they knew I have reason to suppose many men would be then examined and whosoever there is that can discover any thing material with relation to this Murther and in silence stifles it by such his silence he consents to the Blood of my Lord and though our Law may not reach his Offence yet he who knows it will one day lay it to his Charge for if God requires that all Governments should make diligent Inquisition for Blood in defect whereof he will require the Blood of the Slain at the hands of such Magistrates on whom this neglect is chargeable then on those more especially will the greatest guilt lie who refuse or neglect to give Information to those ordained for such Inquisition But to return Bomeny and Russel you find have before deposed That there was a Razor delivered to my Lord wherewith to pare his Nails which his Lordship having done he retired into his Closet and there cut his Throat The Closet-door being opened Bomeny and Russel have declared they saw the Body there lie in its Blood and the Razor lying by him This is in short the substance of these Mens Relations whose Interest it is to prove the Self-murther That this Story is false in every part I doubt not but to convince every unprejudic'd person and hope to satisfie all who are not blinded with prejudice First That his Lordship did not pare his Nails that morning he died as all these have sworn or declared nor was there any Razor delivered to my Lord for that purpose that morning he died Secondly That his Lordship's Body was not locked into the Closet when first found Thirdly That there was no Razor lying by the Body when these three first saw the Body but the Razor laid there after my Lord was murdered to colour the pretended Self-murther That my Lord's Nails were not par'd John Kittlebeater hath deposed That he being one of the Coroner's Jury did very narrowly observe my Lord's Nails on his Fingers and
Feet and could not discern either of them par'd or scrap'd I shall now prove Bomeny's Relation to be false by what Russel swore and Russel's Deposition forged by what Monday declared the very day and some time after my Lord was murdered and Monday's Account in every material part a fiction by the Depositions of the two former In order to which I shall give you Bomeny's first Information taken in the Coroner's own hand which is as followeth THE Information of Paul Bomeny saith That the Earl of Essex on the 11th instant did speak to this Informant to bring him a Penknife to pare his Nails but this Informant could not then get one The Earl of Essex called to him again on Friday the 13th instant about Eight of the Clock in the forenoon did again speak to this Informant to bring him a Penknife to pare his Nails But this Deponent telling him that he had not one his Lord commanded him to bring him a Razor which he did accordingly and then his Lordship walked up and down the Room scraping his Nails with it and this Informant then left him and coming about half an hour afterwards up into the Bed-Chamber found his Closet-door fast whereupon this Informant knocked at the door and called My Lord My Lord but he not answering pushed the door a little open where he did see his Lord lying all at length on the ground in his Blood with the Razor near him on the ground And further deposeth That he hath not any Papers of his Lord's nor doth know where any of his Papers or Writings are And also That on Thursday night last was very merry at Supper and did not seem to be discontented the next morning This Information is verbatim as the Coroner took it from Bomeny's own mouth But the Coroner proceeding to ask further Questions Bomeny began extremely to hesitate and thereupon desired he might write his own Information which being granted he retired from the Coroner and Jury into the next Room where having been some considerable time he brought the Information first mentioned according as it is there observed to be in the Original James Whitechurch declareth and in substance before the Lords hath deposed That the very day the Earl of Essex died he went with one George Jones to the Tower to discourse Nathanael Monday concerning the Death of the said Earl and when they came to the Tower meeting with the said Monday he gave them this Account That as soon as the Gentleman Gaoler had opened my Lord's Chamber-door that very morning he the said Monday by Order went into my Lord's Chamber and tarried there because their Orders were That one of the Warders should be in his Lordship's Chamber and the other at the Stairs-foot and that they had this farther Order Not to suffer his Lordship to have a Knife or any thing like it but whilst he used it in cutting his Meat and that being done all Knives and such-like were to be taken from him with which Orders having acquainted my Lord his Lordship answered He should take nothing ill from them in observing their Orders This Informant further saith That the said Monday did then declare That he tarried with my Lord in his Chamber two hours or better that very morning and that whilst he was with my Lord in his Chamber he did observe his Lordship pared his Nails with the Heel of a Razor This Informant further saith That the said Monday did further declare Before he left his Lordship and went down Stairs to stand below he called up Russel his fellow-Warder to stand in his Chamber and as he went down Stairs he lighted his Pipe and sate at the Stairs-foot but before he had half smoaked his Pipe he heard it cried above stairs That my Lord had cut his Throat whereupon he the said Monday ran up stairs and pushed the Closet-door open and there found my Lord dead This Informant further saith That the said Monday did further declare That when he came up stairs he asked Mr. Bomeny and Russel Where they were whilst my Lord was in the Closet The said Bomeny answered He was sitting upon the Bed in my Lord's Chamber and the said Russel declared He stood at my Lord's Chamber-door just without the door Whereupon he the said Monday as the said Monday declared checked the said Russel for not keeping in the Chamber according to Order Richard Jordan declareth That on the day Mr. Braddon was tried in Hillary-Term 1683. upon the account of the late Earl of Essex this Informant heard Nathanael Monday declare That the very morning the late Earl of Essex died as soon as the Gentleman-Gaoler opened the Chamber-door which was about Seven of the Clock the said Monday stood as Warder above-stairs upon the said Earl and at the first opening the door did observe the said Earl to have a Razor in his hand paring or scraping his Nails with it and this the said Monday declared he saw a long time before Russel stood Warder above stairs upon the said Earl By these two Informations you may perceive what Monday declared My Lord had this Razor in his hand about Seven a Clock in the morning long before Russel came up stairs to stand Warder upon my Lord and that my Lord pared his Nails with the Heel of the Razor By the way I cannot but here take notice of what Monday would have insinuated viz. That the Government was jealous my Lord would destroy himself for otherwise how should there be Orders given not to suffer his Lordship to have a Knife c This was said the more easily to induce people to believe that my Lord did indeed cut his own Throat but Monday will not now pretend such Orders were given him And observe how inconsistent Monday's Relation is for he pretended that they had Orders not to suffer his Lordship to have a Penknife or Razor c. and yet at the same time confessed he left this Razor with his Lordship Russel the Warder hath before deposed and now declares That this Razor he saw Bomeny deliver to my Lord whilst he stood Warder at my Lord's Chamber-door after Monday was gone down stairs Let us now compare these three mens Relations as to the time of delivery of the Razor by doing which it will plainly appear that no Razor at all was delivered to his Lordship For the clearer understanding hereof I suppose Bomeny under Examination with the Jury and answering according to what he hath sworn Jury Did you deliver this Razor to my Lord Bomeny Yes Jury When did you deliver this Razor to my Lord Bomeny About eight of the Clock that morning my Lord died This is according to what he first swore but he then withdraws to write his own Information which point-blank contradicts this his Oath in that particular for he is then examined and answereth as followeth Jury Do you remember the very time that you delivered the Razor to my Lord Bomeny Yes Jury When did
gave as soon as she came from the Tower that morning Mrs. Gibbons hath before the Lords in substance deposed the same Here are two Children aged then about Thirteen years altogether strangers to each other and whose Relations were as much strangers to one another that gave the same Relation exactly agreeing in several Circumstances and this Story by them was told when there could not possibly be any use made of it to prove my Lord's being murthered For here are Seven or Eight Witnesses have for both Parties deposed that this Story was related by these two about Ten of the Clock the very day my Lord died when it could not possibly be known what would be sworn before the Coroner's Jury the then next day Now the only use made of it is to contradict the Depositions of those which before the Coroner would have proved the Self-murther Which Depositions as before observed were not taken till the Saturday which was the day after these two Children had given this Relation and not published before the then next Monday morning Nay these two Children were first so far from using it as an argument of my Lord 's being murthered that both of them to their respective Relations when checked for saying that my Lord cut his own Throat in their Childishness and innocent Simplicity urged this as an Argument of my Lord's Self-murther For they declared they were sure 't was true for they saw him throw the Razor out of the Window But these two Children were not the only Persons that saw this Razor thrown out for several others that very morning my Lord died declared That the bloody Razor was thrown out of my Lord's Chamber-window before my Lord's Death was known and that a little Boy did endeavour to take up this Razor but was prevented by the Maid who took it up and ran with it into the House and up Stairs immediately whereupon my Lord's Death was discover'd This Relation Robert Meake before mentioned did give the very day of my Lord s Death to Bampton and his Wife as they have deposed before the Lords The same Account did the aforesaid Ruddle give before Twelve of the Clock the day my Lord died to Hughs and Gladwin as they have testified before the Lords This Relation of these Two you find agrees exactly with what William Edwards declared And that the throwing out this bloody Razor was commonly reported in the Tower just after my Lord's Death was known appears by the Testimony of several Persons for John Salbury hath deposed That being sent as one of my Lord Russel's Guard to the Old-Bayly a they were returning to the Tower that morning one met them in great haste and declared he just then came from the Tower and that the Earl of Essex had cut his Throat in the Tower and thrown the Razor out of the Window upon which one reply'd to this effect That my Lord had a good Resolution first to cut his Throat and after to throw the Razor out of the Window He farther testifieth That when he came into the Tower he heard it declared by several that the bloody Razor was thrown out of my Lord's Chamber-window before his Death was known Grimes and Bostick both likewise in the Tower that very morning have deposed That the throwing out of this bloody Razor was talked of by several then in the Tower upon the first discovery of my Lord's Death some then and there declaring That they saw this bloody Razor so thrown out But if these many Testimonies will not satisfy I shall next give you the Confession of him who declared he threw it out and of the Sentinel who stood by my Lord's Lodging-door and confessed he saw it thrown out Mr. Samuel Story did farther depose That the very day Major Webster was taken up to wit the 21st of January 1688. as suspected to be concern'd in my Lord's Murther The said Webster being then charged as concern'd in my Lord's Murther declared He did nothing but throw the Razor out of my Lord's Chamber-window Being asked what made him throw the Razor out he said he was under such a consternation that he knew not what he did Upon this Confession of Major Webster Lloyd confirm'd the same saying That it was indeed true that the bloody Razor was thrown out for it was thrown out just over his head and a little Boy did endeavour to take it up but the Maid came out of the House and took it up and run immediately in with it and then discover'd my Lord's Death That this Maid did carry up the Razor and then discover my Lord's Death farther appears by the Testimony of John Nuthill who deposeth That just before my Lord's Death was known he was leaning over the Pales before Major Hawley's House and asked my Lord's Sentinel how his Lordship did To which the said Sentinel answered Very well And this Deponent did then observe a Maid run into the House in great hast and up Stairs when a Warder and another were coming down my Lord's Stairs but declared nothing of my Lord's Death as this Deponent could hear who stood about six foot from them but she immediately came down and cried my Lord had cut his Throat And this Informant did observe the said Maid to have a Razor in her hand either as she ran up stairs or as she came running down The several large Notches in the Razor as you may observe in the Cut are Self-evidences of its fall from some height upon an hard Body for these Notches could not be made by my Lord against his Neck-bone as a Surgeon foolishy or Knavishly suggested to the Coroner's Jury To sum up all in a word with relation to this Particular Major Webster one of the supposed Ruffians a Mr. Story confessed he threw the bloody Razor out of my Lord's Window Lloyd the Sentinel likewise b Mr. Story own'd that he saw it thrown out Edwards and Loadman have deposed That they did see the bloody Razor thrown out of my Lord's Chamber-window c Mr. Tho. Edwards Sarah Edwards Eliz. Edwards and Ann Edwards four have deposed That Edwards declared just as he came from the Tower that morning he saw it thrown out d Mrs. Smith Mr. Glasebrooke Mrs. Gibbons Three have sworn that Loadman gave this Relation as soon as she returned from the Tower that very morning and these Children and their Relations far distant from and altogether strangers to each other e Bampton and his Wife as to Meake Hughs and Gladwin as to Ruddle two Soldiers in every part of their Relation the very day of my Lord's Death did at two Places far distant from each other declare this matter and f Grimes Salisbury and Bostock three more have deposed That the throwing out of the Razor was generally discourst in the Tower just upon the first discovery of my Lord's Death This I do humbly conceive to be sufficient to convince any but Prejudice it self that the
been as high as his Throat might have been in that posture But there was no blood a foot higher than the Floar therefore he could not cut his Throat either standing or kneeling Neither can it be supposed to be done lying along for then the Wound beginning at the left side and his Lordship being Right-handed and ending at the Right the Razor would have lain on the right whereas the Razor lay on the left-side of the Body But lest the Circumstances of the Body as first pretended to be found might prove a detection of this Villany care was taken that before the Coroner's Jury saw the Body the Body should be stript and the Cloathes carried away and the Room and Closet washed so that the Body might appear as naked of its first Circumstances as it was of its Cloathes This particular was so notoriously irregular or rather criminal in some degree that all men know the Law requires the contrary For by the first Posture of the Body with the Circumstances of the Cloathes c. great light may be given to the true manner of his Death But that in this Case was not to be discover'd and therefore such Practices were necessary My Lord's Cloathes were not only carried way but when demanded by the Jury as what might be serviceable in their Inquisition the Coroner was upon this Question immediately called into the next Room and returning told the Jury It was the Body and not the Cloathes they were to sit upon the Body was there and that was sufficient It is an unhappiness the Coroner hath forgot as he swears who those were which were in the next Room whilst the Jury sat and to whom whilst they sat he did several times go but had the Jury seen the Cloathes upon the Body in its first Posture these would of themselves have convinced them that my Lord of Essex was murthered for how could there be a print of a bloody Foot upon my Lord and yet none as they pretended had been in the Closet with him Or how could his Lordship with such an Instrument as the Razor cut twice through the neck of his Cravat For Alice Carter and Mary Johnson who together with Major Webster stript the Body have declared as hath been deposed the neck of my Lord 's Cravat was cut in three pieces The Circumstances of the pretended Instrument of Death gives strong suspicion of the Murther for the pretended Instrument of the Self-murther was a French Razor about four Inches and a quarter in its Blade and had no Spill or Tongue at the end as you may perceive by the Figure thereof in the Cut. Wherefore this Razor in its use must be held by the very Blade and not less than two Inches of that could well suffice to be held in his hand for that strength and steadiness the cutting twice through the Cravat and afterwards so deep in the Neck required And then the Wound if made at once would not have been above two Inches and a quarter deep no more of the Blade being outside the Hand which length could not at once possibly make a Wound above three Inches in depth I do suppose none do believe his Lordship cut twice to effect it The largeness of the Wound at first did make very ingenious Physicians and Surgeons say that they supposed it impossible for any man to cut his Throat according as the two Surgeons upon my Lord's Body deposed the Wound being such both Jugulars and Arteries quite divided and cut to the very Vertebres of the Neck now in cutting the first Jugular Artery there would immediatly have issued such a quantity of blood and spirits as would have soon incapacitated him from dividing the second and though as Ingenious an Anatomist as most in England before their Lordships would not say that he thought it impossible his Lordship should so cut his Throat yet he did confess that he never saw or heard of any before who cut through both Jugulars and Arteries to the Neck-bone as my Lord 's was cut This Gentleman for some years having been Physician to Bedlam he may be supposed to have as many Instances of Self-violences as any Physician in England and of all men none do it with that good-will and vigor as the Destracted do and therefore should make the deepest and largest Wounds But I think I need not insist in this Case upon such Arguments considering what is before said to be proved Now to proceed with the Jury These Gentlemen had they not been hurried into their Inquisition as you will hereafter find they were by the Body as it was left naked upon a strict view might well have been satisfied his Lordship fell not a Self-sacrifice for it 's proved there were five Cuts in his Right hand viz. a Mr. Shillingsford one almost on the top of the Fore-finger and another upon the same near the Hand b Turner and Peck one upon the Fourth Finger and another upon the Little-Finger and c Mr. Sherwood the Surgeon upon the Body a fifth about two Inches long in the very Palm of the Right-hand can it be suppos'd that his Lordship made these Wounds and that upon his Right-hand for trial how sharp the Razor was and how well it would perform what he designed to execute These Cuts cannot be supposed to be made by holding the Razor No these were previous to that direful Cut and the effects of his strugling with those bloody Men when he so often cried out Murther murther murther as he then used his Tongue to discover so did he likewise his Hands to prevent that treacherous Wound he perceived designed for his Destruction and in thus striving to put off the Instrument of Death did his Right hand receive these several Wounds Mr. Fisher one of the Coroner's Jury hath deposed to this effect That he asked Bomeny whether his Lord was not esteemed a good man for such he had heard him represented Bomeny answered As good a man as lived Upon which Fisher said Then it was very strange so good a man should be guilty of so bad an Action for nothing could be worse than Self-murther whereupon Major Hawley told Fisher Whoever thought that Action unlike his Lordship did not know my Lord of Essex for every one that was but well acquainted with the Earl knew it was his Lordship's fixed Principle That any man might cut his own Throat or otherwise destroy himself to avoid a dishonourable and infamous Death and therefore this was like my Lord of Essex's avowed Principle Fisher believing this to be true was the more easily inclin'd to believe that his Lordship had followed such his own fixed Principles But when Major Hawley was questioned for this Suggestion to the Jury he positively deny'd it and for answer saith that he was not nigh the Victualling-house in the Tower all the time the Jury was there considering of their Inquisition And as for the Principle he could not say it for he
never heard it said to be my Lord's Principle till their Lordships charged him with having suggested it I know it is commonly discoursed about Town that such was his Lordship's Principles and this was industriously spread immediately upon my Lord's Death but observe Major Hawley was the man that suggested this to the Jury that they might the more easily believe the Self-murther And the Major's now denial of this Suggestion or that he ever heard it said to be my Lord's Principle when the matter is positively sworn against him I think naturally argues that this was a false forg'd and maliciously invented Story by that bloody Party that murthered my Lord and Hawley the man by them pitch'd upon as the most proper Person to corrupt the Jury the then proper legal Judges of the manner of my Lord's Death with this treacherous and villanously contriv'd Suggestion so that the Jury might the more easily be inclin'd to believe my Lord's Self-murther upon Evidence as inconsistent as false And the Major's disowning that he was near the Jury at the Victualling-house whilst they were upon their Enquiry implies his being conscious that he was there for a very ill purpose and therefore thought it not safe to own his being with them but he was too officiously there not to be remembred for when some of the Jury moved for Adjourning their Inquisition in order to the giving notice to my Lord's Family so that if any thing could be proved on my Lord's behalf it might be by them heard Hawley immediately enters a Caveat and prevents it for he tells the Jury That they could not Adjourn but must immediately dispatch their Enquiry for His Majesty was then in Council and had sent for their Inquisition and would not rise till it was brought him This further suggestion caused the Jury to make more haste than good speed and so without that time which was convenient ended their Inquisition But Major Hawley denies this likewise and protests He was not nigh the Jury at the place or did at all thus hasten them But this is positively sworn against him by some of the Jury and many of the Jury declare they remember the Major with them at the Victualling-house The indiscretion in the Coroner and his Jury I cannot but observe which was their suffering Bomeny and Russel to come together and hear each other's Examination and which was more foolish to permit Bomeny when he began to hesitate in his Examination which alone gave reasonable grounds of suspicion that he was telling a Lye for Truth would have readily occurr'd but Lies were first to be invented before they could be given in Evidence to write his own Examination and not only so but in the Room next the Jury where his Tutors were ready to instruct him and yet after all this forged Deposition needed further Amendments at Whitehall as you will immediately hear for as it was sworn it was not thought fit to be exposed All men must agree That the Circumstances in which Bomeny and Russel stood related to my Lord at the time of his Death render'd them highly to be suspected as privy to my Lord's Death if not acting in it in case my Lord did not destroy himself For could Russel keep my Lord's Chamber-door as himself upon Oath confesses and be ignorant of what violence was offered to his Lordship within the Chamber the Room not being fourteen Foot square Or could Bomeny be waiting on his Lord in the very Chamber and a stranger to the true manner of his Death Wherefore in common Discretion and Justice these Two and Monday the other Warder who first that morning kept the Chamber-door with the Centinel that kept the outward Door should upon the first Discovery have been seized and separated and kept apart and examined apart so that neither might have been privy to the others Examination by which the Truth would have been soon detected for had my Lord destroyed himself all their Depositions would have so harmoniz'd though separately and crosly examined that the Truth would the more plainly have appeared whereas on the other hand in case his Lordship fell by Treachery then such Proceedings would have immediately discovered it to the Jury for then these Warders and Servants and Centinel not being able to soretell what Questions the Jury would ask them consequently could not previously agree upon their Answers And should their Examinations upon this Management have materially interfer'd and thwarted each other as it 's natural to suppose they would for though Truth be still the same yet Lies are almost infinite these Depositions would have been so far from proving my Lord a Self-Murtherer as they would have plainly discovered the contrary and these men guilty in a most perfidious and barbarous connivance For admitting that these men upon their cross and separate Examination should have answered the Jury as it is before represented which is according to their own Oaths or repeated Relations can it be supposed that any Coroner and Jury could be so void of common Sense and Honesty as to give credid to such and so many Contradictions But alas such fair Practices were not to be expected where such a foul Villany was to be concealed And therefore instead of securing apart the two Warders Servant and Centinel poor William Turner and Samuel Peck whose Depositions are before mentioned were to be locked up close with Bomeny for a colour as though these two Men were more to be suspected than my Lord 's two Keepers And thus in Custody were these two innocent Men kept whilst the two Warders and Centinel the more-to-be-suspected Criminals were permitted to go at large But this was contrary to His then Majesty's Command For as soon as King Charles the Second then in the Tower had heard of my Lord's Death he did immediately send the Lord Allington Sir C and Thomas Howard Esq to my Lord's Lodgings with Orders That such as were attending upon my Lord at the time of his Death should be secured and examined and all things to remain till the Coroner's Jury had seen the Body In Obedience to which Command Sir C coming into the Lodgings began to take some Examinations but was soon interrupted by one who told Sir C His Majesty did command him immediately to go to the Old-Bailey and give notice to the then Attorney-General of my Lord's Death and to know what was to he done therein Sir C by the same Gentleman desired His Majesty's leave to finish those Examinations he was then upon but the same Messenger came the second time with positive Orders as from His then Majesty for Sir C 's immediate going in Obedience to this repeated Command Sir C went But Sir C remembers not who this Gentleman was which thus twice came with Orders as from His then Majesty It 's a great misfortune Sir C remembers not for by the Messenger it's strongly suspected it would be soon found His then Majesty's Authority in this Command was used by
him who too often abused it This great haste to the Old-Bailey when that Great Patriot but unfortunate Lord Russel was there Trying and the indirect use by malicious Application of this pretended Self-Murther to the taking off him of whom we were no longer worthy This gave to an Honourable person then upon the Bench just grounds to suspect that this Noble Earl was murdered without Form of Law the more easily to destroy that great Lord under colour of Justice The Coroner's Inquisition and the Depositions of Bomeny and Russel being carried in all haste to White-hall in order to their immediate publication they were there perused and it being found that Bomeny and Russel had point-blank contradicted each other for the first as before observ'd had sworn the delivery of the Razor the day before my Lord's Death and the second that it was not deliver'd till the day of his Death These Contradictions were not thought convenient to be exposed lest they should give just ground of suspicion that the whole was forged and therefore a Reconciler was ordered to amend the one so it might be agreeable to the other it matter'd not how inconsistent or contradictory they were in the Original for those could be seen by none but the Coroner himself in whose custody they were and 't was to be supposed that the Coroner would not then dare to contradict what Authority had ordered so to be printed and hereupon was that Alteration made as was before observed in Bomeny's Information page 3. but this done as some years since observed by an Ingenious Author upon this occasion without the least congruity either to Sense or Grammar for nothing can be more apparent than that the foregoing part of the Information relates wholly to Thursday but at last without any regard to what Bomeny had before sworn on Friday the 13th Instant is foisted in contrary to all Rules of Grammar and common measures of Sense as well as Justice which justly esteems this printed Information forged This forged Reconciliation is done with the greatest incongruity and absurdness as well as falseness imaginable and I know not whether the folly of the Suborner for without doubt the Suborner and Reconciler in this case are the same or of the same stamp or the Perjury of the suborned in that false Information be most conspicuous The Soldiers that were in the Tower that morning my Lord was murther'd having made such Discoveries as satisfied them my Lord was treacherously taken off they used too great freedom in their discourse with relation thereunto and therefore as Robert M●ake declared to two who have diposed it An Officer called several of them together and under severe Threatning enjoin'd them not to speak one word of what they had either seen or heard with relation to my Lord's Death Wherefore the said Meake desired his Friends not to divulge what he had told them for should it be known it would prove his rune but some short time after Meake declared as three have deposed That he did believe he should be privately murther'd for what he knew and had said with relation to my Lord's Murther and therefore he desired Bampton or Davidson as they have both sworn to keep him company that very day for he much fear'd he should that very day be destroyed But both of them fearing the danger themselves might be in refusing that very night was the said Meake thrown into the Tower-ditch As for Ruddle before-mentioned all the Information I can have of what is become of him is That not long after my Lord's Death he was drawn out of the Tower and sent to the East-Indies and at Fort St. George shot to death but for what reason I cannot learn There was one Mr. Hawley a Warder in the Tower that very morning my Lord was murther'd and by what he had observed with relation thereunto he had reason to declare to a Friend That it was a piece of Villany throughout This Mr. Hawley being in Westminster-Hall whilst I was upon my Trial said He wonder'd what made me stir in it when to his knowledge I knew nothing of the matter upon which one Mr. B. said Mr. Hawley If you know Mr. Braddon knows nothing in this what must you know to which Mr. Hawley made no reply But this Gentleman's knowledge in the matter cost him too dear for about March next after my Lord's Death being missing one of the Warders suspected to be a Papist said Mr. Hawley had been prating about the Earl of Essex 's Death and therefore was forc'd to fly But six Weeks discover'd how he fled for he was then found in a River by Rochester so changed through the barbarity he had met with that neither his Face or Body could be known by his nearest Relations and his Cloathes were all taken off except his Stockins and Shoes by which he was discovered to be the Man for he wore three Stockins upon one Leg and two Stockins and a Seer-cloth upon the other and as I have been informed the lining of the Toes of his Shoes cut out By these remarkable Circumstances his Wife knew him She had used all possible diligence for finding her Husband in order to which she offer'd in several Gazetts an Hundred pound Reward to any that could discover his Body dead or alive but it was six weeks before he was found Several of the Soldiers in the Tower that morning my Lord was murthered I have been enquiring after but have been told they were kill'd in the West against the late Duke of Monmouth But considering what fate befel Hawley Ruddle and Meake before mentioned I have reason to suspect that other may likewise have been murthered by way of prevention Besides such addition of blood other violent Methods were used to prevent a discovery by punishing such Soldiers as seemed to disbelieve upon very good grounds my Lord 's Self-murtner This appears by this Information following Richard Jorden declareth That some time that Summer the Earl of Essex died and not long after the said Earl's Death he saw a Solder tied to the Wooden-horse in the Tower by order of Lieutenant Collonel Nichols and whipt after a very cruel manner And this Deponent heard the said Lieutenant-Collonel tell the Soldier he ought to be hanged This Deponent further declareth That he was just after informed by the Marshal that whipt the said Soldier that by order of Lieutenant-Collonel Nichols he gave the said Soldier 53 Stripes tho the usual number was but 12. and that the said Soldier had lain a Fortnight before in close custody and been fed with Bread and Water and all only for the Offence following viz. Some short time after the Death of the late Earl of Essex Dr. H. of Norfolk Prebend of Norwich a Divine coming into the Tower the said Soldier was sent with him to shew him the Tower and as the Doctor was almost over-against Major Hawley 's the Doctor asked the said Solder which was the
Chamber wherein the late Earl of Essex did cut his Throat whereupon the said Solder pointing to the Chamber in which the Earl had been Prisoner said that is the Chamber in which it is said the Earl of Essex cut his Throat The Doctor then asked the Soldier what he did believe to which the Soldier answered That he did believe in God but being prest by the said Doctor to tell him whether he did believe my Lord cut his Throat The Soldier then replied be would not say he did believe it for which only saying the Punishment aforesaid was inflicted And the more effectually to prevent any discourse that might give the least credit to my Lord 's being murthered our then Misgovernment took all possible care to punish or rather oppress such as should declare their belief thereof amongst which one of the Coroner's Jury upon the Earl's Body suffer'd under this Tyranny for this man some time after my Lord's Death discoursing concerning the Earl's Death and the several Irregularities which he observed practised upon my Lord's Body before they saw it and how they were not permitted to make that Inquiry which was necessary said to this effect That he did believe they viz. the Coroner's Jury were all infatuated to bring my Lord in Felo de se but he did suppose had they not been hurried into their Inquisition they should have found it otherwise For this Discourse this honest poor man was prosecuted upon information and fin'd at first I have heard 300 l. but it appearing he was very poor his Poverty prevail'd for a mitigation of his Fine and his Age and great Infirmities of Body together with the charitable Intercession of a Gentleman of Interest in the then times avoided the corporal punishment which he had otherwise undergone If such practices as these were us'd by our then Court to prevent my Lord 's but being suspected to be murthe'd it could not be suppos'd that any encouragement should be given to a full detection and therefore all proposals in order thereunto were to be rejected an Instance whereof was as followeth viz. About six weeks after my Lord's Death there was a Letter unsealed left with one Mr. Cadman then living in Durham Exchange the Letter was directed to the Right Honourable the Countess Dowager of Essex the substance of this Leter was That if her Honour could prevail with the King for the Author's pardon he would ingenuously make a full discovery how by whom and whose Order my Lord was Murthered and this Letter did assure her Honour that the DUKE of YORK and were authorizing this Murther This Letter was subscribed P. B. By the Hand that writ it and the Letter subscribed it was Paul Bomeny before-mentioned who did once blasphemously say That he could as well tell how my Lord came by his Death as God Almighty himself for the Letter was fairly writ in a hand between a Roman and an Italian and such an Hand Bomeny when he would write fair did write besides the two letters subscribed are the letters of his Name I do suppose it may be objected That this Letter cannot be thought to be writ and subscribed by Bomeny for the Letter had it been brought in accusation against him and prov'd to be his would have cost him his life seeing herein he confess'd himself guilty of the Fact But with submission I think Bomeny by this Letter could it have been proved to be his own writing was in no danger at all of being punished for had they seized Bomeny they would have catched a Tarter should they have proceeded against him for this Murther upon this Confession the World would have believed the whole Contents of this Letter to be true and consequently that the Duke of York and authorized or rather commanded this most treacherous Murther And then pray consider what that Government could have got by such prosecution conviction and punishment This Letter was carried by Cadman to a Justice of Peace and by him to the Secretary of State but this Bookseller was never sent for nor any enquiry made after the Author The backwardness of the then Government in not examining into the matter gave just grounds of suspicion they were too well satisfied in the Truth of the Contents which was of such a nature as it could not bear an Inquisition for that would have centred in His Ruine who was then by Blood and Cruelty and other illegal and oppressive Methods endeavouring the total Subversion of our Church and State and this by the removal of some of the Chief of those Noble Lords and Worthy Gentlemen who had ever opposed their Arbitrary Designs Amongst which this Noble Lord and the Right Honourable the Lord Russel they did esteem two of the Chief Had none then in Authority and Power been concerned in this barbarous Treachery and had our then Government had the least desire to know this Truth in order to a just Punishment of those bloody Villains with what diligence would they bave search'd out the Author who desired no other Reward than the Security of his Life and in order to his Indemnity if they could no otherwise have found him out a Proclamation of Pardon would immediately have been issued forth by which the Author would have been assured of his Life and then without doubt according to his promise would have laid open this bloody deed of darkness Hath our Age ever seen or known recorded any Murther admit this one committed within this Kingdom that hath been all its Circumstances considered attended with such aggravations We have seen a Reward of 200 l. as well as a Pardon by Proclamation offered for the discovery of those bloody Ruffians who barbarously wounded but design'd to have murdered that Worthy Gentleman Mr. Arnold And was there not 500 l. and a Pardon by Proclamation promised to Him or Them that should detect the Murther of Sir Edmundbury Godfrey Such means as these would have been likewise in this Case used if such who then misled Charles 2. and corrupted the State had not been the deepest in this black Contrivance This Bomeny soon after my Lord's Death gives an eminent Divine an Account to this effect viz. That his Lord did use to be taken with sudden frenzical Passions and in particular with one that morning he died just before his Death For said this vile Judas as soon as my Lord saw my Lord Russel go to his Trial he struck his Breast and said Himself was the cause of my Lord Russel 's misery seeing he had vouched for that Gentleman whose Treachery would prove my Lord Russel 's Ruine c. and hereupon fell almost distracted But this Fellow 's repeated Oaths give the Lye to this Forgery Before the Coroner in the coclusion of his first a Page 35. Deposition he swears That on Thursday night which was the night before his Lord's Death the Earl was very merry at Supper AND DID NOT SEEM TO BE DISCONTENTED THE NEXT DAY And when one
of the King's Council at my Trial page 55. at the lower-end ask'd such a Question as seem'd either to imply my Lord's being melancholy or else would have had Mr. Bomeny For the Question was thus worded viz. Did you observe your Lord melancholy Mr. Bomeny Bomeny answered Yes but we took no notice of it for he us'd to be so and we had no reason to suspect any thing more than ordinary Had this Varlet rested in the general Affirmative without proceeding farther his Answer would it's probable have better served the design of the Question but by the latter-part of his Answer he destroy'd that Service which the first word Yes might have otherwise done And observe what a point-blank Contradiction this Evidence at the Trial is to what he deposed before the Coroner the very next day after my Lord's Death when had this been true it would have been fresh in his memory and he would without doubt have sworn it But this was according to some after-instruction not thought of at the time of the Coroner's Inquest In the next place I shall give you some Account of what was sworn against one Mr. Holland so much talk'd of in this Affair by which you will have some ground to suppose a more convenient Instrument than a Razor gave this barbarous and treacherous wound The Information of Rich. Davis of the Parish of St. Mary Somerset London Schoolmaster taken before J. Cardran 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 Informant's 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 with Holland in the Robbery of Mr. Gatford for which both were condemned and the said D. executed but Holland pardoned That the said Holland was concerned in the Murther of Arthur late Earl of Essex in which he was employed by the Earl of Sunderland upon this occasion viz. The said Mr. Holland one day waiting on my Lord Sunderland his Lordship seemed much disturbed with passion upon which the said Holland told his Lordship That if his then coming to his Lordship had so discomposed him he would withdraw and wait on his Lordship some more convenient time whereupon my Lord said That he should tarry for it was not with him the said Holland that he was angry but with others and that he was concerned to think that of so many Servants his Lordship had made and been so very kind to he had not one he could trust or would serve him or words to that effect upon which the said Holland replied He was then ready faithfully and punctually to observe his Lordship's Commands in any thing My Lord then discovered to the said Holland the designed Murther of the said Earl of Essex and would have the said Holland therein to be engaged to which the said Holland readily consented and that the said Earl's Throat was cut with a large Knife and not with a Razor And this Informant was then further informed That the said Holland had further declared to the said D. That some People were afterwards made away for blabbing what they knew concerning the said Earl's Death and that the said D. had charged the said Mr. Holland before several of their Acquaintance one day drinking together with what the said Holland had confessed to him the said D. as aforesaid and that he the said Holland being so charged seemed much dejected but could not deny it This Informant further maketh Oath That one D. P. about three years since did give this Informant almost the same Account with relation to Holland and D. And the said P. D. did further tell this Informant That when the said Holland and D. were committed to Newgate for robbing Mr. Gatford the said D. P. went to see the said Holland in Newgate to condo●● _____ Condition but the said Holland was very chearful and told him the said D. P. He was secure of his Life and likewise not to want Money as long as the Earl of Sunderland was living The said D. P. did likewise then further tell this Informant That the said Holland as soon as he was committed to Newgate for the foresaid Robbery sent to my Lord Sunderland for some Money and that his Lordship sent him the said Holland 16 Guineas And this Informant hath been told by several That the said Lord Sunderland hath many times supplied the said Holland with Money When Holland was imprisoned for Mr. Gatford's Robbery in Newgate my Lord Sunderland sent often thither and took a more than ordinary care of him whereupon Major Richardson told my Lord's Gentleman That he did much wonder his Lordship would be so kind to so profligate a Fellow To which it was answered That his Lordship had a very great kindness for Holland because he had been Servant to my Lord Spencer my Lord Sunderland's Son but it seems somewhat else was in the matter for it 's deposed by John Waytis That observing Holland to be frequently furnished with Money by my Lord Sunderland and this Informant asked Holland how his Lordship became so kind to him To which Holland replied with his usual phrase Damn him he had done that for him that HE DURST NOT DO OTHERWISE And when this Informant was once saying It was whisper'd that the late Earl of Essex was murdered Holland said Damn him it was not a farthing matter if twenty such were taken off He that so little valued the lives of Twenty would not in all probability much boggle to be concerned in the murdering One. Holland writ a Letter to the Earl of Feversham wherein he represented me as endeavouring to suborn him to appear an Evidence in the Case of the late Earl of Essex which Letter was read in the House of Lords But that which Holland falsly called endeavours to suborn I shall truly and faithfully as it can be prov'd declare and appeal to every impartial Reader Whether it deserves that infamous Name Having some reason to believe Holland one of the Ruffians I did use all means possible for his Apprehension but I found that Holland lay very private and as I had reason to believe designed to fly beyond Seas as his own Letter before mentioned declared Hereupon I applied my self to some of Holland's Acquaintance and by them being brought to Mrs. Holland I told her That I had reason to believe her Husband was concerned in this villanous Murther and herein I was confirmed by Mr. Holland's absconding for Innocence desires a Trial but Guilt still flies from Justice I then told her That if her Husband were really guilty of this Fact and would immediately surrender himself ingenuously declaring how by whom with whom and for what hir'd to do this
total Subversion of our Laws and whilst in shew they seemed to maintain the Protestant Church they were secretly contriving its total Destruction by wresting those very Laws which were chiefly designed as destructive to Popery and making them productive of what they were enacted to destroy For by a malicious and furious Prosecution of all Protestant Dissenters they did hope to raise so general Animosities between the Conforming and Non-Conforming Protestants that they might through such division have an opportunity to fulfil that notorious Jesuitical Maxim Divide Impera The late E. of Essex had the least reason to despair of the late King's Mercy for should his Lordship have been convicted through False Evidence or Corrupt Judgment in the Court by their adjudging that to be Treason which the Law never made or designed to make so as they did in the Case of the Right Honourable the Lord Russel and some others No Nobleman in England had better grounds than his Lordship to presume upon the late King's Mercy seeing his Lordship's Father had sacrific'd his life in that King's Service wherefore his then Majesty had good reason to declare when His Highness not many hours before the Earl's Death said the Earl ought to be taken off that he was resoved to spare his Lordship for what his Father had suffered this you find before by b Hughs and Gladwin 29. two sworn to be declar'd by Ruddle who heard it that very morning my Lord was murther'd And this account of Ruddle seems the more probable by what his then Majesty is generally said to have declar'd soon after he heard of that deplorable Accident viz. That he did much wonder his Lordship should murther himself and not trust to his Mercy seeing he ow'd him a Life Considering therefore that his Lordship had so good cause for hopes of Mercy under the greatest danger even Conviction there is the less reason to believe THAT HIS LORDSHIP HAD RESOLV'D TO DESTROY HIMSELF I find this Objection from the Right Honourable the Countess Dowager of Essex hath been generally us'd as what should convince every man that the late Earl did indeed cut his own Throat But I would fain ask those Gentlemen who immediately run away with this as what is sufficient to answer whatsoever seems to prove the contrary Whether it is within the power of belief or disbelief of a fact either to alter the nature or destroy the existence of a Fact Most certainly none will be so ignorant as to assert That any thing becomes true by being believ'd or false by being discredited for then according to different perswasions a thing would be and not be at the same time which is impossible Wherefore no man should be implicitly sway'd by the bare belief or disbelief of another without knowing and examining the reasons of that belief or disbelief for this is to act in the belief of matters of Fact which we justly condemn in the Church of Rome in matters of Faith But when the truth of a Fact is question'd and reasons given pro con every man is naturally sway'd by those Testimonies which to him seem the strongest for the proof or disproof of that Fact and no man but such as are easily impos'd upon or are willing to impose upon others will oppose to such Evidences as naturally proves a Fact another's bare disbelief of the Fact But before any unprejudic'd Person will be influenc'd by another's disbelief against the proof of the Fact he will know and well weigh the grounds of that disbelief and compare their strength and natural efficacy with that Evidence that seems to prove the contrary and having judicially weigh'd both in an unprejudic'd ballance which side draws down MUST naturally draw his belief for no man can believe what he would but every man MUST believe according as his Judgment stands inclin'd to assent upon such Evidence as to him seems sufficient Prejudice I must confess naturally indisposes and corrupts men on either side according as they stand affected For as some are induc'd to ASSENT upon such Evidence as is in it self INSUFFICIENT so others many times DISSENT upon such as is SUFFICIENT Amongst the first of these viz. the CREDULOUS a Reverend B. some time since rang'd me For tho his Lordship heretofore did charitably excuse me from any malice or ill design yet as I have been credibly inform'd he hath been pleas'd to say that I am of a very strong imagination and possess'd with a Phancy that a thing is without rational grounds to believe the thing to be But I dare now appeal to his Lordship 's own Judgment whether Credulity is more justly chargeable on the belief of the Self-murther or its contrary That is to say whether such as believe the late Earl of Essex murther'd himself because his Lordship some days before his Death several times declared as for himself he was resolv'd what to do And a To an Eminent Divine because Bomeny pretended contrary to what he twice swore that morning of his Lordship's Death my Lord was taken with a fit of a Phrensy and because Bomeny Monday Russel and Lloyd the three latter being three of those b Vid. before page 16 17. in whose custody my Lord was and who as Mr. Attorney in his Information against Mr. Speak and my self sets forth were consequently charged with my Lord's Murther to save their own lives with Halters about their Necks endeavour to prove his Lordship a Felo de se by their Relation which in every part is contradictory to each other For Bomeny first c Before the Coroner Vide the Deposition pag. 34 35. swore he delivered my Lord the Razor about Eight of the Clock in the morning the very day of his death and within two hours d Vide the Second Deposition pag. 2 3. deposed he did deliver this Razor to his Lordship about Eight of the Clock on Thursday morning the day before his death But Russel e Russel's Depositions p. 4. deposed That he saw this Razor deliver'd by Bomeny about Eight or Nine of the Clock on Friday morning being the day my Lord dy'd and did ever declare and still asserts that this Razor was delivered AFTER Monday the Warder had left my Lord's Chamber-door and that it was delivered f R's Deposit page 4. within less than half an hour of the time they found his Lordship dead in the Closet both which g Whitechurch and Jorden p. 35 36. Monday if Contradictions can confirmed by declaring that this Razor my Lord had and pair'd his Nails with it When his Lordship's Chamber-door was first opened that morning viz. about Seven of the Clock about two hours BEFORE Russel came up stairs to stand Warder at the Door Bomeny first h Bom. Dep. p. 34 35. swore that he first opened the Door upon my Lord's Body in his i Bom. Dep. p. 2 3. second Information deposed That he did not but seeing blood and part of
the Razor through the Chink he call'd Russel the Warder and Russel push'd the Door open and in his k Speak and Braddon 's Trial p. 55. third Oath declar'd he knew not who open'd the Door Russel l Page 4. depos'd before the Coroner That he first open'd the Closet-door the Key being on the outside and he mentions no difficulty in the doing it but Monday m White-church 's Inf. page 35. declar'd the day my Lord dy'd and n Jord Inf. page 36. afterwards confirm'd the same that my Lord's Body lay so close against the Door that neither Bomeny nor Russel could stir the Door but he being much stronger than either thrusting with all his might broke it open These Mens Depositions and Relations THUS AGREEING in every part in proof of the Self-murther can't but satisfy all men except such as are like my self of strong imaginations and too easily inclin'd credulously to believe the contrary And whereas Bomeny Monday and Russel have o Bom. Dep. p. 2 3. Bom. Dep. 35. Speak and Braddon 's Trial p. 57. depos'd or often declar'd That the Razor was lock'd into the Closet with the Body and p Mond and Russ in their Examination before the Lds. no Razor thrown out of my Lord's Chamber-window before his Death was discover'd It 's q Vide ante page 42. the Second Column prov'd I do humbly conceive to the satisfaction of more than the Credulous that there was a bloody Razor thrown out of my Lord's Chamber-window which is about sixteen Foot from the Closet where the Body lay and the Maid who caried up this Razor first Discover'd my Lord's Death to those out of the House wherefore the Razor was afterwards laid by the Body for to colour the pretended Self-murther and when my Lord's Body was seen in the very posture in which the Warders pretended it was first found his Lordships legs r Turner and Peck p. lay part outside the Closet-door and therefore the Door could not be lock'd and upon his Stockin the print of a bloody Foot coming out of the Closet wherefore somebody before that and after my Lord was Dead had come out of the Closet Is there not rational grounds from the many contradictions before observ'd for any man tho not possess'd with prejudice against the Self-murder to believe that there was no Razor delivered to my Lord just before his Death nor the Closet-door lock'd upon the Body or the Razor first found lying by the Body as these have Sworn whose Interest and Lives depend upon the proof of the Self-murder and consequently their relation a forgery throughout by which they would prove his Lordship Felo de se But farther to excuse from partiality such as disbelieve the Self-murder upon the Evidence before observ'd in all parts contradictory and from credulity because they are perswaded that his Lordship fell by treachery and violence seeing they find it s D. S. p. 22. Sworn to this effect viz. That about nine days before my Lord's Death the Papists declared That because the Earl of Essex knew so much of their designs and was so very averse to their Interest he was to be taken off and that his HIGHNESS HAD CONCLUDED AND ORDER'D HIS THROAT TO BE CUT and had promis'd to be there when it was done and about three days after these men said that it was resolved the Earl's Throat should be Cut but they would give it our he had done it himself and if any should deny it they would take them up and punish them for it and the very day it was done after my Lord's Murder they seemed extremely overjoy'd and confessed THEY HAD DONE THE FEAT AND COULD BUT LAUGH TO THINK HOW LIKE A FOOL THE EARL OF ESSFX LOOKED WHEN THEY CAME TO CUT HIS THROAT and that this is not a new made Story but long since revealed to many who did caution this Deponent to secrecy appears by the Testimony of t Mr. Rowden Mrs. Rowden Mrs. Mary Rowden Mr. Adams Mrs. Adams Mr. May and Mr. Tourny p. 23 24. six or seven Witnesses and for a farther confirmation of the truth of that Consult u Mrs. Hewits Christophers and Mrs. Swans p. 24 25. three Depositions which were made to destroy the Creditt of that Deponent are detected and by v Morris Dupine Baldham Doushwait Bond and Mr. Welstead p. 24 25 26. many Witnesses proved false in every part but as farther rational grounds and not strength of imagination for this barbarous Murther x Mr. Hubland Mrs. Hubland Mrs. Meux Trehem Burgis Savage and Mr. Butteo Maynoe will attest the same p. 26 27. Eight Witnesses have proved That before the Earl's Death or before his Death could be known was it reported in many Parts of England that the Earl of Essex had cut his Throat in the Tower all these several previous Reports agreed in the manner how viz. cutting his Throat and place where viz the Tower though at some of those Places when so reported it could not be known that the Earl of Essex was a Prisoner in the Tower and one of these previous Reports the next day after my Lord's Commitment viz. the Wednesday pretended to give the reason wherefore the Earl cut his Throat that is to say because the King and Duke being in the Tower he was af aid his then Majesty would have come up into his Chamber and seen him but his Guilt and Shame was such as he could not bear the thought of it and therefore cut his Throat to avoid it this being said about 60 miles off two days before the King and Duke went to the Tower and the very next day after my Lord's Commitment wherefore many that are not of too strong an imagination credulously to believe without grounds from those very particular previous Reports as to manner place and pretended reason are apt to think that the MANNER HOW THE PLACE WHERE AND PRETENDED REASON to be given out WHEREFORE were all previously agreed upon some days before my Lord's Death for they cannot perceive how my Lord's Death in all its parts as it was afterwards pretended to be acted could be so particularly related in so many and far distant Places from each other And though those who had my Lord in close Custody Monday Rus-declare this before the Lords to excuse themselves from a barbarous and bloody Treachery did declare That no men were let in to my Lord that morning he died yet many rational men not credulously inclin'd to believe without cause are verily persuaded to the contrary because it is y Hughes and Gladwin Bampton and his Wife 29 30. proved That two Soldiers who have been prevented from giving their own Relation the day of my Lord's Death declared That they saw His HIGHNESS send two men to the Earl's Lodgings to murder the Earl and that his HIGHNESS did send two Men towards the Earl's Lodgings just before his Death and tbat these two Men
soon after returned and said The Business was done appears by the z Mr Essington 30. Testimony of him who saw His HIGHNESS send those Men and their return to His HIGHNESS And it 's farther a Lloyd's Confession Mr. Story Mr. Tempest 27 28. proved That the Centinel who kept my Lord's Outward-door confessed by special Order he let in two or three to my Lord of which Webster was one who that night produced my Lord's bloody Pocket-handkerchief and the next day a Purse of Gold of 49 Guineas and a Pistol though he was very poor before just before his Death and that upon those mens going in to my Lord's Chamber there was so great a trampling and bustling that the Centinel would have forc'd in after them but could not because the first door was made fast and that upon the bustle he heard somewhat thrown down like the fall of a Man which he did believe to be my Lord's Body soon after which it was pretended my Lord cut his Throat And for what those Men were thus bustling appears by the Murther which was several times very loud and very dolefully cried out during this bustle and this heard by b Mrs. Bascomb 28. one who saw this bustling and soon after revealed it but was cautioned to secrecy for her safety by c Mr. Perkins 29. him who in this respect upon Oath hath confirmed the same And that his Lordship made use of his Hand to prevent as well as his Tongue to discover that Villany which he saw design'd his Destruction is verily believed by those who find it proved That there were several Cuts in my Lords Right-hand viz. d Mr. Stullingford 40. One upon his Fore-finger near the top another on the same Finger next the hand e Turner and Peck One upon the fourth Finger another on the Little-finger and a fifth f Mr. Sherwood the Surgeon 45. about two Inches long in the Palm of his Hand And lest my Lord 's Cravat which was g Mary Johnson who stript the Body confessed this Johnson and Tovey 32 33. and Alice Carter declared the same cut in three pieces and the print of a bloody Foot upon my Lord's Leg as before observed with other Circumstances which might have been discovered had the Jury seen the Body in its first posture and the Cloaths in which his Lordship died might have occasioned a Discovery speedy care was taken that the Body should be h This is sworn by the Coroner and several of the Jury stript though His then Majesty * T. Howard Esq had ordered all things to remain till the Coroner's Jury saw the Body and the Cloaths carried away and the Room and Closet washed before the Jury sate upon the Body And when i Mr. Fisher p. 44. one of the Jury desir'd to see the Cloathes in which my Lord dy'd the Coroner hereupon was immediately call'd into the next Room and returning in some heat told the Jury it was the Body and not the Cloathes they were to sit upon the Body was there and that was sufficient and when it was perceived that k Mr. Fisher p. 46. some of the Jury were doubtful of my Lord's Self-murther because his Lordship was very deservedly esteem'd a very good man and therefore not to be thought Felo de se Major Hawley to remove this Objection and to corrupt the Jury with a lie tells them to this effect viz. That whosoever did believe Self-murther unlike my Lord of Essex did not know his Lordship for every man that was well acquainted with the Earl knew that it was a fixt Principle in his Lordship that any man might cut his Throat or otherwise dispose of his Life to avoid a dishonourable and infamous Death and therefore this Action was according to the Lord of Essex 's avowed Principles But when Major Hawley was charg'd before the Lords with this Suggestion he did utterly deny it and professed that he never heard it said to be my Lord's Principle till their Lordships charg'd him with having suggested it and therefore be could not suggest it Besides he was not nigh the Jury at the Victualling-house any time whilst they were there upon their Inquisition but the Major had given them another reason not to forget his being then there for it is prov'd by one and ready to be prov'd by many then present that some of the Jury were for adjourning their Inquisition and immediately to give notice to my Lord's Relations so that if any thing could be prov'd on my Lord's behalf it might be heard This Major Hawley steps in and prevents it by protesting l P. 46. 2d Col. that his then Majesty had sent an Express for their Inquisition and His Majesty had declared that he would not rise from Council 'till it was brought and therefore they could not adjourn but must immediately dispatch In answer to this the Major protests that he was not near the Jury at that House and so did not or could hasten them But the Major was so well known to the Coroner Surgeons and Jury that it 's highly improbable all should be mistaken The timing my Lord's Death and the speedy hurrying it away to the Old-Bayly and the immediate use that was made thereof as an Evidence from Heaven of his Lordship's Guilt and of the truth of the Charge against the Right Honourable the Lord Russel then upon his Tryal and the corrupt influence it had upon the Court Council and Jury so that they did at one stroke virtually destroy two of as great Patriots as this Age or Nation ever knew and of whom we were no longer worthy This might be us'd by Impartiality it self as a probable Evidence of this Treacherous Cruelty The unjust Methods and Violence us'd to prevent any search after or discovery of this unfortunate Lord's Death are farther rational Inducements for sober men to believe this Murther when they find that m Vide p. 8. I was committed as soon as I came to White-hall with the Persons to be sworn with relation to my Lord's Death and this before either my self or any person had been examined and consequently before any thing criminal could appear against me And afterwards Mr. Speak and my self prosecuted and represented especially my self as the worst of Criminals tho' nothing like a Crime was proved against me admitting for true every thing sworn at my n I do appeal to the Tryal as Printed Tryal where those in whose Custody my Lord was o Vid. 16 17. and consequently whom we would have accused of my Lord's Murther were called a CLOUD of Witnesses to prove the Self-murther The Prosecution of p Mr. Colson page 52. one of the Coroner's Jury for declaring That he believed they viz. the Jury were all infatuated to find his Lordship Felo de se but he did suppose had they not been hurried they might have found it otherwise is an other instance of the severity of the Government with relation hereunto and the cruel usage of an q Ab Jorden p. 49. old Soldier in feeding him with Bread and Water in the Hole and afterwards causing him to receive Fifty three stripes with great force tho the usual Number was but Twelve and then telling him He ought to be Hanged for saying what he did and so discarded him and all this only for declaring when often pressed to give his opinion with relation to my Lord's death Whether he did believe his Lordship cut his own Throat Declared That he would not say he did believe it But greater Cruelties than these some bloody men may be supposed to have used to prevent a discovery of my Lord's Murther for Mr. Hawley who r Vid. ante pag. 49. KNEW THAT I KNEW NOTHING WITH RELATION TO MY LORD'S DEATH and his too freely imparting his own Knowledg'd in the matter is thought to have caused him not to run away but to be murther'd And honest Robert Meake s Bampton and his Wise and Davidson p. 49. protested the very day he was murther'd that he did fear that same day he should be murther'd for what he knew and had declar'd concerning my Lord's murther and the very next morning was found dead in the Tower Ditch And whether poor Ruddle was shot to death in the Indies where I 've heard he so dy'd for his knowing and revealing what he knew of this Murther time may discover To proceed no farther Now whether that CLOUD of three or four Witnesses in whose t Pag. 16 17. custody my Lord was to avoid being charg'd with treacherously consenting to my Lord's Murther with Halters about their Necks by contradictions endeavouring to prove the Self-murther or that GREAT CLOUD of upwards of sixty Witnesses for more have been and will be examin'd with relation to my Lord's Murther which swear not for their own lives but stand recti in Curia being Persons unprejudic'd deserve the most credit must be left first to the Right Honourable the Lords before whom this Cause will in convenient time be reviv'd and afterwards to such other Judicatures before which this matter may hereafter be brought till when it 's not proper to publish what might be farther said But I do humbly conceive I have herein already furnish'd you with sufficient grounds to satisfy some who have been deceiv'd by misinformation that there are more Arguments than they could have expected to clear his Lordship's Innocence and less reason for them to believe that I have us'd such villanous Practices as my greatest Enemies have suggested or as some of my pretented Friends would Insinuate am possess'd with such heat of imagination as credulously to believe a thing to be without rational grounds to convince me that it is Sir As you already have so I doubt not but you will as becomes a Friend endeavour to rescue me from the slanders of such as have unjustly accus'd me and likewise from those Reproaches which have been uncharitably taken up against SIR Your highly obliged and ever faithful Friend and Servant L. B. April 15. 1690 FINIS