being thus in the Tower killed himself Mr. Sol. Gen. Shew the Inquisition Where is Mr. Farnham Mr. Farnham Here I am The Inquisition is returned here and is upon Record Cl. of Cr. Here it is Number 11. He reads London ss An Inquisition indented taken at the Tower of London aforesaid in the County of Middlesex the 14th day of July in the year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the Thirty Fifth before Edward Farnham Esquire Coroner of our said Lord the King of the Liberty of the Tower of London aforesaid upon view of the Body of Arthur Earl of Essex then and there lying dead by the Oaths of Samuel Colwel Esquire William Fisher Thomas Godsel Esquire Thomas Hunt Nathaniel Mountney Esq Thomas Potter William How Robert Burgoine Eleazer Wickins Thomas Hogsflesh Henry Cripps Richard Rudder William Knipes John Hudson John Kettlebeter Lancelot Coleson Morgan Cowarn Thomas Bryan William Thackston Richard Cliffe Zebediah Pritchard William Baford and Theophilus Carter good and lawful Men of the Liberty of the Tower of London aforesaid who being charged and Sworn to enquire for our said Lord the King when by what means and how the said Arthur Earl of Essex came to his Death upon their Oaths do say that the said Arthur Earl of Essex the 13th day of July in the Thirty Fifth year of the Reign of our said Sovereign Lord the King aforesaid at the Tower of London aforesaid in the County of Middlesex aforesaid about the hour of Nine in the Forenoon of the same day not having the fear of God before his eyes but being seduced and moved by the Instigation of the Devil of his Malice aforethought at the Tower of London aforesaid in the County aforesaid then and there being alone in his Chamber with a Razor of the value of one Shilling voluntarily and feloniously did cut his Throat giving unto himself one Mortal Wound cut from one Jugular to the other and by the Aspera Arteria and the Wind-Pipe to the Vertebres of the Neck both the Jugulars being throughly divided of which said mortal Wonud the said Arthur Earl of Essex instantly died And so the Jurors aforesaid say upon their Oaths that the said Arthur Earl of Essex in manner and form aforesaid then and there voluntarily and feloniously as a Felon of himself did kill and Murther himself against the Peace of our Sovereign Lord the King his Crown and Dignity In Witness whereof as well I the Coroner aforesaid as the Jurors aforesaid to this Inquisition have Interchangeably put our Seals the day and year abovesaid Mr. Att. Gen. Call Mr. Evans and Mr. Edwards After this my Lord we shall shew you that Mr. Braddon went about the Town and declared the Earl was Murthered and he was the Prosecutor There is Mr. Evans Swear him which was done Pray will you give an account to my Lord and the Jury what you know of Mr. Braddon's going about and declaring he was the Prosecutor of my Lord of Essex's Murther Mr. Evans My Lord All that I know of this matter is this About the 17th of July last L. C. J. When is the Inquisition Cl. of Cr. It is the 14th of July L. C. J. Well go on M. Evans The 17th of July last I was at the Custom-House Key shipping of some Lead and the Person that brought me the Warrant I told him I could not Execute it without one of the Commissioners Officers and I bid him go to Mr. Edwards who was the next Officer adjoining to the Key and he went to his House and told him I was at the Water-side and had a Warrant which I desired him to be present while I Executed it Mr. Braddon it seems was then present in the place with Mr. Edwards when this was told him and hearing my Name Mr. Braddon came down with Mr. Edwards and found me then at Smith's Coffee-House and Mr. Edwards told me Mr. Braddon had been with him examining his Son in relation to a matter of a Razour that was thrown out of my Lord of Essex's window and I presently replied I desired they would not speak of any such matter to me for I had seen the Coroners Inquisition upon Oath where it was declared the thing was so and so and two Persons had Sworn what seemed to be contrary to this and therefore I desired they would forbear any such discourse to me L. C. J. Who they Mr. Evans Braddon and he were together L. C. J. Who he Man Mr. Evans Mr. Edwards And withal I made my application to Mr. Braddon and I desired him he would not meddle with such a matter for I thought it might be prejudicial to him and Mr. Edwards too Mr. Braddon made me no answer but went directly out of the Room L. C. J. What do you mean by so and so and a Razour thrown out of a window We do not understand your So and So. Mr. Evans Relating to a matter of a Razour L. C. J. Prithee we don't know what that matter of a Razour is Mr. Evans A Razour that was said to be thrown out of my Lord of Essex's Window L. C. J. Tell us what the Story was man Mr. Evans Mr. Edwards told me that Mr. Braddon was with him to examin his Son relating to a matter of throwing a Razour out of my Lord of Essex's Window This is that he said to the best of my remembrance Mr. Sol. Gen. Was Braddon present there Mr. Evans Yes Mr. Braddon and Mr. Edwards were both present L. C. J. Well what was the discourse between you Tell us plainly Mr. Evans Says Mr. Edwards to me Mr. Braddon has been to examin my Son about such a matter so I desired he would not discourse any thing of that matter to me and I told him I advise you not to proceed for I told him it would be prejudicial both to him and Mr. Edwards too L. C. J. What is meant by this matter He examined my Son about a matter and I desired him he would not discourse of this matter What is all that matter Mr. Just Holloway What did you apprehend by it Mr. Evans I apprehended that Mr. Braddon had been to examin Mr. Edwards's Son about such a matter L. C. J. What matter man Mr. Evans His dispersing of any such Report L. C. J. What Report Mr. Evans A Report of throwing a Razour out of my Lord of Essex's window L. C. J. Here is a Razour thrown out of a window and a matter of I know not what Mr. Just Withins Suppose a man should throw a Razour out of a window what signifies that L. C. J. Where had he heard of that matter Mr. Evans This is all I heard my Lord I am upon my Oath L. C. J. But I wish thou wouldest let us know what it is thou didst hear Mr. Jones Was there no talk of a bloody Razour Mr.
the Custom-House and the Coffee-House again and I know not where Mr. Freke What discourse was there at your Table Sir the immediate Monday after the Earl of Essex's death concerning a Razour thrown out of a window Mr. Evans My Lord this to the best of my remembrance is what I have to say and remember of the thing that a Gentleman being with him L. C. J. Who Mr. Evans Mr. Braddon Mr. Wallop Where was this Mr. Evans In the Country Mr. Wallop Where in what Country Mr. Evans In Essex Mr. Wallop What was the place's name Mr. Evans At Wansted my Lord and being there and he plucking out a paper L. C. J. He who Mr. Evans A Brother of mine that that Gentleman came down with to see me L. C. J. What is his name Mr. Evans His name is Mr. William Hatsell L. C. J. With whom did he come Mr. Evans With this Person L. C. J. With this Person who is this Person Mr. Evans Mr. Braddon L. C. J. Why canst thou not name him without this wire-drawing Thou art a most exact Custom-House Officer I 'l warrant thee thou canst not make a plain answer to a plain question Mr. Evans My Lord I beg your pardon I do not know the methods of Court L.C.J. Prithe I care not for thy methods nor thy matter but deal plainly with us Mr. Evans My Brother Mr. Hatsell came down along with Mr. Braddon to my House at Wansted in Essex on the Monday after my Lord of Essex's death and coming down my Brother Mr. Hatsell pulled out the Coroners Inquest upon Oath that was printed and shewing of it to me I read it and as soon as ever I had read it said I Mr. Edwards that was at the Custom-House that very morning when the E. of Essex's Throat was cut did declare to me upon the Custom-House Key That his Son did declare that the Razour was thrown out of the window which seems to contradict this Paper that says it was found lying by him Mr. Freke Was this before Mr. Braddon was with Mr. Edwards Mr. Evans I can't tell that Mr. Freke Was it before Mr. Braddon and Mr. Edwards came to you to the Coffee-house Mr. Evans Yes I believe it was Mr. Att. Gen. You say Mr. Braddon came with Mr. Hatsel to your House at Wantstead Mr. Evans Yes Mr. Att. Gen. Who was the Person that told this Story Mr. Evans He brought down the printed Paper with him and upon plucking out that Paper and reading of it the Story was told Mr. Att. Gen. Pray who was the Person that told him it was so reported at the Custom-house Mr. Evans I made that Answer my self immediately upon reading the Paper for I observed what the Coroners Inquest had returned and upon that I made this Observation That it seemed to contradict what was declared at the Custom-house that morning my Lord of Essex cut his Throat Mr. Att. Gen. Pray who declared there that the Razor was thrown out of the Window Mr. Evans It was Mr. Edwards told me L. Ch. Just Why consider with your self now You say first of all Edwards and Braddon came to me to the Coffee-house Mr. Evans That was at another day L. Ch. Just I am sure you swore so at first Mr. Evans With your Lordships Favour L. Ch. Just And with your Favour too Sir Pray will you hear me I have heard you a great while I am sure to no purpose But consider with your self and pray be pleased to reconcile what you say now with what you said at first if you can You say first of all Edwards and Braddon came to me to the Custom-house and found me out at the Coffee-house and that Edwards should say Some body had been with his Son in order to examine him about a Razor that was thrown out of my Lord of Essex's Window and that you immediately cried out Have a care of that for that contradicts the Inquisition that I have seen in Print which declares as though the Razor was found in the Room And after that you say It was that you saw the Inquisition when Hatsel came down with Braddon and you told him of the Report at the Custom-house How came you if you had not seen the Inquisition till then to give out such words at the Custom-house Have a care of medling with that because that contradicts the Inquisition Mr. Evans My Lord This was several days before that Mr. Att. Gen. Yes my Lord this Discourse at Wantstead was before that at the Custom-house Mr. Wallop This that he now speaks of is an Answer to Mr. Braddon's Question which was about a Discourse that passed before this other at the Custom-house This that he speaks of the Discourse at a Coffee-house was afterward but indeed he first spake of it but these were two distinct matters at several times This last of the Custom-house was when he had made the Examination of the Boy as that Witness says L. Ch. Just Therefore I think it was fit to explain it for it looked very inconsistent before what thou saidst at first and what thou saist now but if thou tellest me thy Essex matter was before thy Coffee-house matter it is well otherwise the matter I assure you looked very ill Mr. Evans This is the truth my Lord and I can tell no more Mr. Att. Gen. Take the Times my Lord and you will see he does speak very notably The 13 th of July my Lord of Essex murdered himself the 14 th of July the Inquisition was taken before the Coroner pray what was the day that Hatsel and this Gentleman came down to you to Essex Mr. Evans I can't tell that Sir truly but it was before this matter of the Examination of the Boy L. Ch. Just But pray let me ask you one Question If your matter about the Inquisition in the Countrey was before the matter of your cautious Discourse at the Custom-house how came you to tell them I heard this Report of a Razor thrown out of the Window that morning the Earl of Essex cut his own Throat Mr. Evans Mr. Edwards reported this same thing that very same morning to me and several others at the Custom-house-Key L. Ch. Just Why did you not tell us this before Mr. Evans I beg your pardon my Lord I do not understand the methods of the Court. Mr. Wallop Mr. Hatsel gave the occasion by pulling out the Inquisition L. Ch. Just Pray Sir make your Observations anon let the King's Councel go on with their Evidence Mr. Att. Gen. What Discourse had Mr. Braddon with you then at that time when Hatsel came down with him to your House you say and pulling out the Inquisition you read it and made Answer You heard at Custom-house-Key such a Report that very morning the Earl murdered himself Mr. Evans Mr. Braddon was walking up and down the Room I did not speak it to him but I spake it to Mr. Hatsel but I believe Braddon over-heard and took
After this Mr. Braddon as it appears did nevertheless pursue this business L. C. J. Pray only tell what you know of your own knowledg both before and after Mr. Blathwaite I know my Lord that Mr. Braddon having been in the Country came afterwards before the King and was again Examined upon this matter by which it appeared that he did continue in his pursuit though he was always informed of the denial the Boy made and that it was understood to be a Lye by the whole Family of the Edwards's as well as from the denial of the little Boy for they did confess that the Boy used to tell Lyes and one of the Sisters said he had denied it at first but afterwards was brought to say it And if I remember right the words of one of the Sisters were BRADDON COMPELLED THE BOY TO SIGN IT Those are the words in the Minutes that I took at the Examination therefore I believe it was so that the Boy had denyed before to sign it But this I only mention as what the Sister said L. C. J. Have you any more questions to ask Mr. Blathwaite Gentlemen Mr. North. Because we will not trouble Mr. Blathwaite to call him again pray produce the Letter Mr. Att. Gen. Pray Sir will you look upon that Letter and tell the Court what you know of it and whose hand it is Mr. Blathwaite My Lord this is a Letter that was produced before the King when Mr. Speke attended there It was then put into my hands and I do well remember and likewise I have written upon it that Mr. Speke owned it to be his Letter L. C. J. Did he own it to be his Letter Sir Mr. Blathwaite Yes he did own it to be his Letter Mr. Att. Gen. That is all we have to trouble you with at present Sir We will now call Mr. Mon-Stevens who standing up by the Cryer was sworn And we call him to prove That Mr. Braddon had notice the Boy had disowned this Matter Mr. Sol. Gen. You hear the Question Sir pray acquaint my Lord and the Jury what you know of this Boys Examination before the Council and this Gentleman 's having notice the Boy disowned the thing Mr. Monstevens My Lord About 5 or 6 days after my Lord of Essex had murdered himself in the Tower I saw Mr. Braddon at the Secretary's Lodgings my Lord Sunderland's Lodgings at White-hall with a young Woman and a Boy about 12 or 13 years old The Boy was just now in Court I saw him there He came to me and told me he had earnest Business to speak with my Lord Sunderland That he came from Sir Henry Capel and he told me he came with an Information That the Boy had given relating to the Earl of Essex's death The Information I believe is in Court. He gave me the Information and I read it and I remember there was something in the Information of a Razor thrown out of a Window a bloody Razor thrown out of my Lord Essex's Window and after I had read the Information I told Mr. Braddon I wonder Sir Henry Capell had not appeared himself in a Matter of that moment wherein the Reputation of his Family was so much concerned and I took the liberty to tell him That I believed if Sir Henry Capell had thought that to be true that was contained in that Paper he would doubtless have came to my Lord Sunderland himself Thereupon he told me That Sir Henry Capell had not been well and did not stir abroad Then I told Mr. Braddon again as I very well remember That I was confident he had been abroad lately and had been to wait upon the King since the death of my Lord of Essex Then my Lord he had little or nothing to say to that but he said what he did he was obliged to do in Conscience and out of the Duty he owed to the Memory of my Lord of Essex Upon that my Lord Sunderland came by and I went with him to my Lord Sunderland and he gave him that Paper as I suppose which I read and my Lord Sunderland took the Information and afterwards Mr. Braddon was committed in Custody and then the thing was brought before the King and the Lords of the Council which Mr. Blathwaite has given you an accompt of Mr. Att. Gen. My Lord I pray that a word of the Information may be read we will first prove the Information taken by him and then call Sir Henry Capell who will prove that he never had any Order from him as he said he had but it was only his own busy Inclinations Cl. of Cr. This is Subscribed William Edwards L. C. J. Call the Boy in again Mr. Braddon May I ask Mr. Monstevens a Question My Lord L. C. J. Ay ask him what you will Mr. Braddon Sir Did not I come to you the Thursday Evening and waited at the Dutchess of Portsmouth's Lodgings before I brought the Boy and the Girl to White-hall Mr. Monstevens No I did not see you there Mr. Braddon You are positive in that Sir Mr. Monstevens Yes I will take my Oath again of it if you will Mr. Braddon Then I will prove I was and that I saw you at Ten of the Clock that Morning Mr. Monstevens I remember my Lord very well That I was surprized to see him at the Lodgings at White-hall I never saw him to the best of my remembrance but once in my life Mr. Braddon What time was it pray you first saw me Mr. Monstevens It was in the Afternoon as I remember L. C. J. Hark you young Man do you know my Lord Gerard Wil. Edwards Yes L. C. J. Which Lord Gerard do you know Wil. Edwards My Lord Brandon Gerard. L. C. J. How came you to know him Wil. Edwards By sight I know him L. C. J. Do you know where he lodged in the Tower Wil. Edwards Yes L. C. J. Where Wil. Edwards At one Mr. Sam 's L. C. J. Was you ever in his Lodging Wil. Edwards No. L. C. J. Never at all Wil. Edwards No. L. C. J. Did you never tell any body you were in my Lord Brandon Gerrad's Lodgings Wil. Edwards Never in my life L. C. J. Did you never tell Braddon that you went to see his Lodgings Wil. Edwards Into the House I never went L. C. J. Did you never tell Braddon That you went to see my Lord Brandon Gerard's Lodgings Never in your life Wil. Edwards No Sir L. C. J. Now read it Cl. of Cr. Reads The Information of William Edwards second Son to Thomas Edwards of the Parish of Allhallowes Barkin London taken the 18 th day of July in the 35 th year of the Reign of our Sovereign Lord King Charles the 2 d. Anno 1683 says That this Informant on Friday the 13 th of this instant July as he was going to School with his Brother Edward he heard that his Majesty and his Royal Highness the Duke of York were going to the Tower Whereupon
this Informant left his Brother and went to the Tower to see his Majesty and his Royal Highness And when this Informant had seen his Majesty and his Royal Highness this Informant about Nine of the Clock in the Morning of the same day went to see my Lord Brandon Gerard's Lodgings and as this Informant was standing almost over against my Lord Gerard's Lodgings between the Lord Gerard's and the late Lord of Essex's Lodgings this Informant saw a Hand cast out a bloody Razor out of the said Earl of Essex's Lodgings And this Informant was going to take up the said Razor which he saw on the Ground to be bloody but before this Informant came to the Razor there came a Maid running out of Captain Hawley's house where the said Lord of Essex lodged and took up the said Razor which he carryed into the said Captain Hawley's House And this Informant believes that it was the said Maid who he first heard cry out Murder And this Informant further saith That he heard the said Maid say to some which were about the Door after the Murder was cryed That she did hear the said Lord of Essex to groan three times that Morning The Father three Sisters and Brother will swear That the said William Edwards did declare the substance of this Information to them on Friday the 13 th instant and never in the least denyed it till Tuesday after when being chid and threatned by the elder Sister he did deny it but soon after confessed it and signed it in the presence of five or six Witnesses Mr. Just Wythins Thus you see he perswaded him to tell a fine Story of going to see my Lord Brandon Gerard's Lodgings but the Boy never told him any such thing L. C. J. No he never told him a word of it he swears Mr. Att. Gen. My Lord your Lordship has heard from Mr. Monstevens That this Gentleman Mr. Braddon made use of the Name of an honorable Person Sir Henry Capell and so at the Secretarys and at Edward's house made use of the Name of my Lady Essex We shall now call Sir Henry Capell who was Sworn Sir Henry Capell Will you please to give an accompt Whether ever you employed this Gentleman Mr. Braddon about any such business as he has here undertaken Sir H. Capell I hope you will give me as short a dispatch as you can Sir for 't is very uneasie for me to be here in this Crowd Mr. Sol. Gen. We give you some trouble Sir Henry but indeed 't is not we but this Gentleman that has been pleased to use your Name has necessitated it Mr. Att. Gen. We ask you a short Question whether you employed Mr. Braddon to go to Mr. Edward's House or to the Secretarys or any where else to prosecute this matter of your Brothers death Sir H. Capell My Lord I know very little of Mr. Braddon He was to speak with me twice The first time he took me in very great disorder both as to the circumstance of Time and Place which are so tender with me that truly I cannot express nor do I very well know what I did say or what he said to me but the Second time he came to me I do very well remember what I did say And that which I did say the Second time is the most material Thing I have to say in the matter He came to me and spake of such a business as the Court is well apprized of already I hope you will pardon me if I do not repeat it I made answer to him Mr. Braddon I am under great grief and under a great burthen of Business in my private Family whatsoever you have to say in the matter I desire you would go to a Secretary of State and acquaint him with it This is the most material Thing that was said that I remember Mr. Att. Gen. But you never imployed him to go about to prosecute any such thing Mr. J. Withins Sir Henry Pray answer me Did you desire him to go to Edward's House and ask him any Questions about it Sir H. Capell I know nothing of Edward's nor his House at all Mr. Braddon Sir H Capell will you please to let me ask you one Question Do you not remember I came to Essex House on the Monday night and that I came and told you of such a Report and that I had not been with the Father of the Boy as yet but if you would then send one with me I would go and in his presence examine the Boy and you Sir promised me that you would and whether you did not appoint me to tarry at such a Place where you promised to send one to go along with me Sir H. Capell My Lord I have a gross Idea of that which he speaks of concerning his having one to meet him and that I told him such an one should meet him and the person did desire to be excused and I did excuse him and so he did not go upon which this Gentleman Mr. Braddon came to me the Second time which was after Dinner and I directed him to go to a Secretary of State and acquaint him with what he had to say in the business Mr. Braddon Did not you promise Sir to send one to me to go with me and desired me to meet at such a place Sir H. Capell I remember no more but what I have said Mr. Braddon Upon the Oath you have taken Sir Henry Capell I desire you would recollect your Memory whether you did not promise me in the Morning to meet at such a Place and was not I twice with you that day Sir H. Capell Sir I know no more Mr. J. Withins Do you think Sir Henry Capell would forswear himself Mr. Braddon Mr. Braddon My Lord I only desire him to recollect his Memory Sir H. Capell Only I do farther remember He seemed to be very willing to go to the Secretary of State Mr. Att. Gen. And if he had acquiesced there he had done very well and there had been no farther trouble Mr. Jones But that was not the way he intended that would not do his Work Mr. Sol. Gen Pray Mr. Blaithwaite do you give my Lord and the Jury an accompt whether this Information was ever carried before any Justice of Peace in order to have it sworn before him and the circumstance of it Mr. Blaithwaite My Lord I do very well remember when this Information was before the King and was shew'd to Mr. Braddon he there confessed That he had gone about to find some Justice of Peace to take it upon Oath He named Sir Robert Clayton and Sir John Lawrence And I do very well remember and 't is upon my Minutes That he confessed That Sir Robert Clayton being asked by him to take the Information in private alone without Company being by Sir Robert Clayton refused to take it unless he might take it more publickly and Sir Robert Clayton refusing to take it alone in private he would
c. All which Mr. Braddon that you are to call Johnson whilest he is with you at your house will give you a true Relation of Mr. Braddon hath been at a great Trouble and Charge already about it I know few that would have ventured to have undertaken this Affair besides himself as times go I received yours this day with the great pains you took and the Letter to the Lady Russel which finding unsealed I sealed without looking into it and carried it my self she returns you ten thousand thanks and says she knows not what return to make you for your most extraordinary kindness I have not time to write any more at present by reason that Mr. Braddon alias Johnson stays only for this my Letter I am Sir Your most obliged Friend and most humble Servant Hugh Speke I am Writing a Letter to send to you by the Carrier Mr. Att. Gen. This Gentleman brings in Mr. Speke to be the Author of all this Contrivance But we shall prove to you That at the same time this Letter was taken about him this Gentleman had others that were likewise taken These Examinations which I desire may be likewise read Mr. My Lord I came lately from Sir Robert Atkyns He is an utter Stranger to all this he is now in the Country and knows nothing of it L. C. J. If they will use his Name I can't help it Mr. My Lord I would not have any Reflection upon him for he knows nothing at all of this matter Mr. Sol. Gen. The Letter was never received by Sir Robert Atkyns but taken before it came to him Mr. Att. Gen. All the matter is 't is an unhappy thing to be thought well of by such sort of people L. C. J. I see nothing of Sir Robert Atkyns in the Case but only his Name is used and notice is taken of the great Obligations some People have to him for his great kindness to his Friends Cl. of Cr. Here is an Information L. C. J. Was this found about him too Mr. Beech. Yes I believe that is the very Paper I have no Copy of that Paper but I well remember the Contents of it Mr. Att. Gen. Did you sign it or mark it L. C. J. He may believe it to be without signing Mr. Beech. I presume Mr. Braddon will own it Cl. of Cr. The Information of Mrs. Edwards Wife to Tho. Edwards saith That about 10 of the Clock in the Morning on Friday the 13 th of this Instant July this Informants youngest Son William Edwards aged about 13 years came trembling to this Informant and in great amazement and horror told this Informant that the Lord of Essex had cut his Throat in the Tower and further said That he the said William Edwards in the Morning about 9 of the Clock did see a hand cast out a Razor out of the said Lord of Essex 's Lodging Window which Razor he saw on the Ground to be bloody And the said William Edwards was going to take up the said Razor but before he came to it there came a Maid running out of Captain Hawley 's House where the said Earl of Essex lodged and took up the Razor which she the said Maid forthwith carried into the said Captain Hawley 's House and soon after he the said William Edwards heard her as he the said William Edwards did believe cry out Murder And this Informant further saith That the substance of which the said William Edwards hath sworn in this Information he the said William Edwards on Friday last did declare to this Informant and her whole Family several times attesting it to be true and several times since Cl. of Cr. Here is the Information of William Edwards second Son of Thomas Edwards Mr. Att. Gen. That is the same with what was read already L. C. J. Ay that is the Boys Information Cl. of Cr. Here is another 't is Dated August the 8 th 1683. The Information of Jane Lodeman aged about 13 years did in the presence of these whose names are here under written declare as followeth That the said Jane Lodeman was in the Tower on Friday Morning the 13th of July last and standing almost over against the late Earl of Essex 's Lodging Window she saw a hand cast out a Razor out of my Lord's Window and immediately upon that she heard Shrieks and that there was a Souldier by my Lords door which cryed out to those within the house that somebody should come and take up a Razor which was thrown out of the Window whereupon there came a Maid with a white Hood out of the house but who took up the Razor she can't tell This is Subscribed John Boom and William Smith Cl. of Cr. Here is another Paper August the 8 th 83. Mr. William Glasbrooke does declare That one Jane Lodeman aged about 13 years inhabiting in the same house where he the said William Glasbrooke lodged did on Friday the 13 th of July last past between the hours of 10 and 11 in the Morning in the presence and hearing of him the said William Glasbrooke declare to her Aunt That the Earl of Essex had cut his Throat upon which her Aunt was very angry with her whereupon she the said Girl did declare that she was sure of it for she saw him throw the Razor out of the Window and that the Razor was bloody and that she heard two Groans or Shrieks which of the two words she used he the said William Glasbrooke is not certain of this he the said Glasbrooke is ready to make Oath This is Subscribed William Glasbrooke Margaret Smith Mr. Att. Gen. He carried his Stuff about him it seems wherever he went L. C. J. 'T is Stuff indeed Good God what an Age do we live in Mr. Att. Gen. It is not taken upon Oath before any Magistrate but cooked up to amuse the Country as if they were formal Informations Here is another Letter Mr. Beech was this Letter found about him Mr. Beech. Yes this Letter was found about him Mr. Att. Gen. It is from one Burgis a man of the same Kidney Cl. of Cr. This is directed for Mr. Cumpen at the Dolphin at Frome and 't is Subscribed Jeremiah Burgis and dated Marleb Oct. 21. Mr. Cumpen MY kind love to you These are to desire you to call to mind that I was in Frome the 6tâ— of July being Friday where I heard the Report that the Earl of Essex had cut his own Throat I would desire you to inquire into it to know who first reported it and give this Gentleman the truth of it And in so doing you will oblige me who am Your Friend Jeremiah Burgis Mr. Beech. Under favour my Lord This Letter talks of a Report that was the 13th day the very day the Earl of Essex murdered himself I went directly to Frome and spake with this Cumpen and he told me he did not speak with Burgis nor see him nor was there any such Report before the
Mr. Braddon What was that tell the Court. Mrs. Smith I chid her because she had been playing That is all I can say Mr. Justice Withins Did she tell you the Soldier cried out for some body to come and take up the Razor Mrs. Smith I cannot say that Mr. Just Withins Did she say she saw a Razor thrown out of my Lord of Essex's Window Mrs. Smith She said she saw a Razor thrown out of a Window I can't tell whether she said out of my Lord of Essex's Window Mr. Freke Did you set your hand to that Paper L. C. Just Were you a Witness to that Paper Mrs. Smith There were others heard what the Girl said as well as I. L. C. Just Who desired you to sign it Mr. Freke Who writ that Paper Mrs. Mrs. Smith Pray excuse me Sir I do not know Mr. Freke Did you see it writ Mrs. Smith No. L. C. Just No it was one got ready drawn by Mr. Braddon Mr. Just Holloway Pray let the Boy 's Information be read again for I observe there is a difference she says the Razor fell within the Pales the Boy says it fell without L. C. Just Ay ay the one says it was the inside the other the outside of the Pales Then the Information was read L. C. Just Go on now and ask your Questions Mr. Braddon Did the Girl say That after the Razor was thrown out the Soldier cried to some body to take it up Mrs. Smith Sir I can say no more than what I have said Mr. Braddon Did she or did she not Mrs. Smith Pray Sir excuse me I have spoken what I know Mr. Att. Gen. You may see how he has managed this matter my Lord by his urging the Witnesses with Questions they know nothing of L. C. Just Yes yes we see he would fain put words into their mouths Mr. Att. Gen. Mrs. Did you send to Mr. Braddon to inform him of what the Girl had said or did he come to you Mrs. Smith Sir I never saw him before in my days Mr. Att. Gen. He came first to you then Mrs. Smith Yes he hearing of it came as a stranger to me Mr. Braddon Did I directly or indirectly offer you or your Neece any thing Mrs. Smith No never in this World Mr. Braddon Did I ever desire her or you to say any thing but what was true Mrs. Smith No Sir You ever encouraged the Girl to speak truth and bid her speak nothing but what was truth Mr. Att. Gen. You need not pay dear for a Lie you are like to pay dear enough before you have done Mr. Braddon My Lord As to personal knowledg I am as much a stranger to this matter as any body here and in all my Concern in it I have done nothing but what was very fair L. C. Just. Mind your Defence Mr. Braddon and leave commending your self or if you will rather commend your self by your Actions than your Expressions One good Action is worth Twenty good Expressions Mr. Braddon Swear William Glasbrook which was done L. C. Just Well what do you ask him Mr. Freke My Lord We desire to know of him whether he was by on the 13 th of July when the Girl gave this Report Mr. Glasbrooke I was up two pair of stairs when she came in L. C. Just What is your Name Sir Mr. Glasbrooke William Glasbrooke Cl. of Cr. Ay here is his Information among those that were taken about Braddon Mr. Glasbrooke She came in to her Aunt that went out just now before me and I heard her very loud with her Aunt saying the Earl of Essex had cut his Throat in the Tower Her Aunt chid her upon it and her Aunt chiding her she said she was sure it was true for she saw a bloody Razor with a bloody hand thrown out of the Window Mr. Freke Was this the day of my Lord of Essex's Death Mr. Glasbrooke It was the day the King was in the Tower and as was reported the day he was killed Mr. Braddon Were you present when I first discoursed the Girl Mr. Glasbrooke Yes Mr. Braddon Had you ever seen me before or no Mr. Glasbrooke No. L. C. Just Did she say my Lord of Essex cut his Throat at that time Mr. Glasbrooke Yes L. C. Just Are you a Witness to this Paper Did you set your hand to this Paper Mr. Glasbrooke To the Paper Mr. Braddon writ I did I am a Witness to that L. C. Just. Then read his Information Cl. of Cr. Reads Mr. William Glasbrooke does declare That one Jean Lodeman aged about Thirteen years inhabiting in the same house where he the said William Glasbrooke lodged did on Friday the 13th of July last past between Ten and Eleven in the morning in the presence and hearing of him the said William Glasbrooke declare to her Aunt That the Earl of Essex had cut his throat upon which her Aunt was very angry with her whereupon she the said girl did declare That she was sure of it for she saw him throw the Razor out of the Window and that the Razor was bloody and that she heard two groans or shreeks which of the two words she used he the said William Glasbrooke is not certain Of this he the said William Glasbrooke is ready to make Oath L. C. Just. Now my Lord of Essex cut his own Throat and after threw the Razor out of the Window Mr. Glasbrooke 'T is what the Girl did declare Mr. Att. Gen. Does not this Girl usually tell Lies Mr. Glasbrooke I have before that time taken her in a Lie Mr. Att. Gen. Did you acquaint Mr. Braddon with that Mr. Glasbrooke I cannot tell that I did Mr. Att. Gen. Do you remember that you told Mr. Braddon That she was a Girl that told Truth Mr. Glasbrooke No I never did that for I was always of another perswasion about her Mr. Sol. Gen. He never was of that Temper to praise her he was always of a contrary perswasion L C. Just. I 'le assure him that I am of his Opinion too I do believe she is a lying Girl and hath told us a company of Lies now Mr. Braddon These Two Children told me they never saw one another till they were examined at Council L. C. Just. Well well go on with your Witnesses Mr. Braddon Where is William Smith who appeared and was sworn I desire to know of you Mr. Smith what you heard the Girl say when I was there Mr. Smith I heard the Girl tell us That she saw a hand cast out a Razor and either the hand was bloody or the Razor I can't tell which but she said it was out of the Window where she said the Earl of Essex lodged L. C. J. Did she say the Earl of Essex did it himself Mr. Smith She said she saw an Hand cast out a Razor L. C. J. Did she tell you it was the Earl of Essex's Lodging-Window Mr. Smith She said it was that Lodging L. C. J. Ay but
Gentlemen in what Strain it runs We and We He makes himself a considerable Party in the Design L. Ch. Just Ay We thank you for your kindness towards Vs and We hope to bring on the Tryal of the Earl of Essex before they can any of those in the Tower Mr. Speke He told me Sir Henry Capel said it was a thing too great for him to meddle with And I knew nothing but what I had from him L. Ch. Just He was a man of Integrity and could tell you nothing but what was true Mr. Speke Mr. Wallop My Lord All I can say for Mr. Speke is this He did believe Mr. Bradden's Grounds as he told him were probable to go upon but he knew nothing himself and concerned himself no further I hope the Jury will consider of it that there is no contrivance proved against him L. Ch. Just Nay Mr. Wallop tho' we interrupted you in making Remarks upon every Witness yet now make what Remarks upon what hath been said that you will Mr. Wallop My Lord I shall leave it to your Lordship and the Jury how far they think the Defendant Guilty of this Information Mr. Att. Gen. My Lord We have indeed given as great an Evidence as ever was given I think of any Offence But to clear up the matter that it was impossible for any man unless the most maliciously and villanously inclined against the Government and Peace of the Kingdom that can be to imagine such a thing much less spread such a Report we will call you two or three Witnesses to prove that the Earl of Essex Murdered himself L. Ch. Just 'T is necessary Mr. Attorney I think for you so to do to satisfie the World tho' to a discerning Eye there is enough given from the Evidence this day to make it appear to be a most Malitious and Scandalous Contrivance to hawke about for every idle Rumor to pick up Children of such tender years and make them swear any thing to serve a turn Mr. Att. Gen. My Lord We do not call these Witnesses as if there were any doubt of it in the World L. Ch. Just But we live in an Age when Truth passes for nothing in the World and Swearing and Forswearing is taken for a thing of course Had his Zeal been half so much for Truth as it was for Falshood it had been a commendable Zeal But when men are so zealous and fierce for such vile things as these are 't is time of my word for the Government to interpose Mr. Att. Gen. 'T is not to satisfie the Court nor the Jury who I believe are all of them already sufficiently satisfied but 't is to satisfie the World that may have entertained some prejudices from this Conspiracy Call Mr. Bomeney in Mr. Sol. Gen. Not as if there were any doubt whether Mr. Bradden were the malicious Inventor of this Report at the beginning and went down into the Country to spread it The Evidence has been full and by his own management of his Defence he has proved it himself and seems by his Confidence to justifie it But we shall to give the World some satisfaction call some that waited upon the Earl in the Tower and others that saw him when dead that will give a plain Confutation to any thing that could be supposed as if my Lord of Essex had not Murdered himself Then Bomeney was sworn L. Ch. Just Did you waite upon this unfortunate Gentleman my Lord of Essex Mr. Bomeney Yes my Lord. L. C. Just Well what do you know of his Death Mr. Bomeney I went with him from White-Hall and I stayed with him all the while he was in the Tower L. Ch. Just How came he by that unhappy End pray Mr. Bomeney When we were at his Lodging my Lord used to call for a Pen-knife to cut his Nails of his Hands and Feet and he then had long Nails and said he to me give me your Pen-knife to cut my Nails said I My Lord I have none I came in haste but I will send to morrow for one and therefore I sent our Footman one William Turner to whom I gave a little Note for Provisions and among other things which I writ directions to the Steward to send there was a little line Pray send a Pen-knife for my Lord. He brought some Provisions but he did not bring a Pen-knife on the Thursday because he said he had none but he would send one the morrow after I sent William Turner the Morning after very early and gave him another little Note for Provisions and among other things I writ in the Note Do not forget the Pen-knife for my Lord. He went and when he was in the way my Lord sent the Warder to me to call me I came to my Lord and my Lord asked Is the Footman come Has he brought the Pen-knife No my Lord said I but I hope he will not stay long because I sent him early Then I was turning to come down from the Chamber and I saw my Lord walking in the Room and picking of his Nails with the Pen-knife L. Ch. Just How with a Pen-knife Mr. Bomeney No with the Razour that I gave him For I went to my Lord and when my Lord asked me if I had gotten him a Pen-knife I said the Footman was not come but I hoped it would come immediately because I sent him early And I was turning from the Chamber thinking I had done with my Lord and my Lord called me again Harke you Bomeney said he I can do it with one of your Razours My Lord said I I will fetch one so I went into my Closet and fetched one And I went to my Lord and when he had it he did as if he picked his Nails with it and was walking in the Chamber I looked a little while upon him and turned out of the Chamber into the Passage where I talked with the Warder Russel his Name was and when I looked out of the Window His Majesty was in the Tower and there was a great bustle in the Street and when I had talked a little with the Warder I went down into my Closet again and at the same time that I was in my Closet there came the Footman and one with him that brought the Provisions and he gave me the Pen-knife and gave me a little Note that he had brought with the Provisions which he said Mr. Billingsly that was our Steward bid me to shew that to my Lord. I took it and went up to shew it to my Lord I found no body in my Lords Chamber There was a Closet there in which was a Close Stool and that I found shut and thinking my Lord was there I would not disturb my Lord but came down again and stayed a little while in so much as I thought my Lord by that time might have been come out I went up again and found no body in the Chamber but the Closet Door shut still I went against the Door and
he has given you an account of The next Evidence is Sir Henry Capel who tells you That Braddon comes officiously and tells him He had some discovery to make about the death of the Earl of Essex and you hear that poor Gentleman being related to this unfortunate Noble Lord was at the first time very much under surprize being in such great affliction as one Brother must needs be for another Nature obliges People to a great concern for such Accidents and he says he is not able to give an account what he said or did at that time or what Braddon did particularly say to him But when he came the second time to him he was a little more sedate and calm and then he does remember he told him If you have any thing of this nature to say Go to a Secretary of State it is his business to inquire into this Affair and 't is not the business of every particular private man because these are Matters that concern the Government But Braddon pretended forsooth it was his Zeal and his great Conscience that made him to be thus transported and to be so eager for carrying on this Prosecution The next Witness Gentlemen that you hear of is the Gentleman that seized upon Mr. Braddon in the Country and that is Mr. Beech who brought him before a Justice of Peace one Ayres that it seems is since dead and in his Pocket he found a Letter from the other Defendant Speke which is the only thing indeed in the Evidence that does affect that Gentleman and what that Letter is you have heard it read and for your better satisfaction because the Language of the Letter is pretty extraordinary if you have a mind to have it to peruse while you are here in Court you may have it with you I suppose you remember the substance of it commending the great Integrity Courage and Magnanimity of this Gentleman Mr. Braddon thanking the Person to whom it was writ for his great kindness to him and his Friends how they did hope to be able to get the Murder of my Lord of Essex tryed before any in the Tower could come to their Tryal That the Tide ran strong against them And pray you must take notice I have given him a hint he must go by another Name by the Name of Johnson and not by the Name of Braddon for a lack-a-day he would be stabbed in these dangerous times or knocked on the head if he be known by his own Name Mr. Braddon would be thought a man so considerable in the World for his Zeal for truth and the Protestant Religion that there was very great hazard of his being murdered we live in such perillous times Gentlemen This is to amuse and affright people and to put odd thoughts and jealousies and fears into the minds of the Kings Subjects which was the beginning and rise of the late Rebellion which we have all reason to remember with horrour that Rebellion that in the Issue of it brought the late King of blessed memory to the Scaffold And therefore we must have a great care of such things growing upon us now And pray Gentlemen mind the Stile of the Letter We have many thanks to give you for your care of Vs and countenance you have given to Vs and We don't doubt We shall be able to carry on the business of the Earl of Essex notwithstanding that the Tide runs strong against Vs We hope this and We hope that and t'other and so makes himself a Party And he recommends him in particular to Sir Robert Atkins to whom the Letter was written to advise him in the matter he went about which by the way you see was to pick up false Evidence to carry on this wicked design And I must tell you Gentlemen If Mr. Speke was given to believe a Lye and did write that Letter with a design to have that Lye spread abroad he makes himself a party and he is as guilty in every Circumstance as the other as to the design in general laid in the Information though not equally guilty about the management of the Witnesses And it is the Letter only that particularly affects him But I tell you If in case you think he was surprized in the thing or did it ignorantly or innocently without any Concern though he seems to have a wonderful concern in his Letter and very zealous he seems to be in the prosecution of this business you are to acquit him But if he did contribute to the design of spreading this false report he is as guilty of that part as Mr. Braddon though he be not guilty of Suborning the Witnesses But the Evidence against Braddon goes farther There is not only the Evidence of this Letter which speaks plain enough as to this design but you find also about him all the Informations that have been read The Information of this Boy of thirteen years of Age the Information of the Girle of thirteen years of Age There was also taken in his Pocket a Letter from one Burgis a famous Pin-maker of Marleborough written to one Cumpen a Post-Master at Froom in this manner Pray call to mind such a business of hearing such a report of my Lord of Essex's cutting his throat upon Friday the thirteenth of July last Pray recollect such a thing and impart it to this Gentleman the Bearer This likewise was intrusted with Mr. Braddon But it seems the man had gone and writ his Letter and had put in the sixth day which happened to be a week too soon and this must be rectified by Mr. Braddon himself he being a great Companion of Mr. Braddon's for it seems he had such a confidence in him that upon his Report he came down from London to Marleborough though now indeed they pretend they never knew one another before But it is proved he confessed he had such a regard to his report that that brought him down from London He had as I was saying put it down the sixth at his first writing and I believe as to the thing it self it was as true the sixth as any other time and the sixteenth and the twenty sixth is all one to such people And this Letter he tells you himself was writen six weeks after but Mr. Braddon must correct it No says he you mistake it must be the thirteenth it must not be the sixth the sixth would not do the business for the thirteenth was the day that he was murdred and so he was forced to interline it the thirteenth to make it to humour the story for the Lye would not pass so well if it had been put upon a day so long before but to make the Lye a correct Lye and to humour the rest of the Evidence Mr. Braddon comes and informs him it must be the thirteenth That was the next piece of Evidence that was given and I think the substance of the Evidence of the whole matter given against the Defendants for the King
I Do appoint Benjamin Tooke to Print the TRYAL of Laurence Braddon and Hugh Speke and Order that no other Person presume to Print the same Geo. Jeffreys THE TRYAL OF LAVRENCE BRADDON AND HVGH SPEKE Gent. Upon an INFORMATION OF High-Misdemeanor Subornation and spreading false Reports Endeavouring thereby to raise a Belief in His Majesties Subjects that the late Earl of ESSEX did not Murther himself in the TOWER contrary to what was found by the Coroners Inquest Before the Right Honourable Sir George Jeffreys KNIGHT and BARONET Lord Chief Justice of His Majesties Court of KINGS-BENCH and the rest of the Reverend JUDGES of that Court holden at Westminster on Friday the 7th of February 1683. LONDON Printed for Benjamin Tooke at the Ship in S. Paul's Church-Yard 1684. THE TRYAL OF Laurence Braddon and Hugh Speke Gent. On Thursday the Seventh of February Anno Dom. 1683. Annoque Reg. Caroli Secundi xxxvi A Tryal was had at the Kings Bench Bar in a Cause between our Sovereign Lord the King and Laurence Braddon and Hugh Speke Gentlemen upon an Information exhibited against them the last Term by his Majesties Attorney General for an High Misdemeanor and to which they the same Term pleaded Not Guilty and the Tryal proceeded in this manner Cl. of Cr. CRyer call the Defendants Laurence Braddon and Hugh Speke Cryer Laurence Braddon and Hugh Speke come forth or else this Inquest shall be taken by your default Mr. Wallop They appear Cl. of Cr. Gardez votrez Challenges Swear Sir Hugh Middleton which was done and there being no Challenges the Twelve Gentlemen sworn to try this Cause were these Sir Hugh Middleton Jur. Thomas Harriott Jur. Thomas Earsby Jur. Joshua Galliard Jur. Richard Shoreditch Jur. Charles Good Jur. Samuel Rouse Jur. Hugh Squire Jur. Nehemiah Arnold Jur. John Bifield Jur. William Wait and Jur. James Supple Jur. Who being counted Proclamation was made in usual form for Information Cl. of Cr. Gentlemen you of the Jury hearken to the Record His Majesties Attorney General in this Court has exhibited an Information against the Defendants by the Names of Laurence Braddon of the Middle Temple Gentleman and Hugh Speke of Lincolns Inn Gentleman And the Information sets forth That whereas Arthur Earl of Essex the 12 th of July in the Thirty Fifth year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. was committed to the Prison of our Lord the King in the Tower of London for certain High-Treasons by him supposed to be committed And the said Arthur Earl of Essex being a Prisoner in the Tower of London aforesaid for the High-Treason aforesaid the 13 th day of July in the aforesaid Thirty Fifth Year of the Reign of our said Sovereign Lord the King that now is not having the fear of God before his eyes but being moved and seduced by the Instigation of the Devil at the Tower of London aforesaid in the County of Middlesex aforesaid himself feloniously and as a Felon of himself did kill and murther as by an Inquisition taken at the Tower of London aforesaid in the County of Middlesex aforesaid the 14 th day of July in the year aforesaid befor Edward Fernham Esquire then Coroner of our Lord the King of the Liberty of the Tower of London aforesaid upon the view of the Body of the said Arthur Earl of Essex and now in this Court remaining of Record more plainly does appear They the said Laurence Braddon and Hugh Speke not being ignorant of the Premises but contriving and maliciously and seditiously intending the Government of our said Lord the King of this Kingdom of England into Hatred Disgrace and Contempt to bring the 15th day of August in the aforesaid Thirty Fifth year of the Reign of our said Sovereign Lord the King that now is and divers other dayes and times as well before as after at the Parish of S. Clement Danes in the County of Middlesex with force and arms c. falsly unlawfully maliciously and seditiously did conspire and endeavour to make the Subjects of our said Lord the King of this Kingdom of England to believe that the Inquisition aforesaid was unduely taken and that the said Arthur Earl of Essex by certain Persons unknown in whose Custody he was was Killed and Murthered And to perfect and bring to effect their malicious and seditious Contrivances aforesaid they the said Laurence Braddon and Hugh Speke at the Parish of S. Clement Danes in the County of Middlesex aforesaid the 15th day of August in the Thirty Fifth year aforesaid falsly unlawfully unjustly maliciously and seditiously did conspire to procure certain false Witnesses to prove That the said Arthur Earl of Essex was not a Felon of himself but that the said Earl of Essex by the said Persons unknown was killed and murthered And to perswade other Subjects of our said Lord the King to believe this to be true they the said Laurence Braddon and Hugh Speke falsly maliciously and seditiously then and there in writing did declare and cause to be declared the said Laurence Braddon to be a Person that would prosecute the murther of the said Earl of Essex to the great Scandal and Contempt of the Government of our Lord the King of his Kingdom of England to the evil example of all other in the like case offending and against the Peace of our Sovereign Lord the King his Crown and Dignity To this Information the Defendants have severally pleaded Not Guilty and for their Tryal have put themselves upon the Country and His Majesties Attorney General likewise which Country you are Your Charge is to enquire whether the Defendants or either of them are Guilty of this great Misdemeanour whereof they are Impeached or Not Guilty If you find them or either of them Guilty you are to say so if you find them or either of them Not Guilty you are to say so and no more and hear your Evidence Then Proclamation was made for Evidence Mr. Dolben May it please your Lordship and you Gentlemen that are Sworn this is an Information preferred by Mr. Attorney General against the Defendants Laurence Braddon and Hugh Speke and the Information does set forth That whereas Arthur late Earl of Essex the 12 th of July last was committed to the Tower of London for certain Treasons supposed to have been by him done And the said Earl being so committed Prisoner to the Tower for Treason not having the fear of God before his eyes feloniously and as a Felon did kill and murther himself as by an Inquisition taken before the Coroner of the Tower-Liberty may more fully appear yet the Defendants Laurence Braddon and Hugh Speke not being ignorant of the Premisses but designing to bring the Government into Hatred and Contempt the 15 th day of August last at the Parish of S. Clement Danes in this County with force and Arms falsly unlawfully maliciously and
seditiously did conspire together to make the Kings Subjects believe That the Inquisition aforesaid was unduly taken and that the said Earl of Essex did not murther himself but was by certain Persons unknown in whose custody he was murthered And it further sets forth that these Defendants Laurence Braddon and Hugh Speke designing to disturb and disquiet the minds of the Kings Subjects and to spread false reports did conspire to procure certain false Witnesses to prove that the said Earl of Essex was not a Felon of himself but was by some Persons unknown killed and murthered And to perswade other Subjects of our Sovereign Lord the King to believe the said Report they did falsly malitiously Unlawfully and Seditiously cause to be declared in Writing That the said Laurence Braddon was the Person that did prosecute the said Earls Murther And this was to the great Scandal of the Government to the evil Example of all Persons in like case offending and against the Peace of the King his Crown and Dignity To this the Defendants have pleaded Not Guilty if we prove it upon them we make no question you will find it Mr. Att. Gen. May it please your Lordship and you Gentlemen of this Jury Mr. Speke and Mr. Braddon these two Gentlemen are accused of as High Conspiracy as ever has or could well happen in our days of throwing the Murther of a Person that killed himself upon the Government And I must acquaint you their design was of an higher Nature than barely that for this Gentleman my Lord of Essex was committed to the Tower for the late Plot and being so committed when he had killed himself there that was more than a thousand Witnesses to open the eyes of the People and confirm the belief of the Conspiracy And one would have thought after that there had been an end of the design that these Protestant Gentlemen as they call themselves were carrying on when the Earl of Essex a Person of that Quality and Worth should go to Murther himself upon the sense of what he was Guilty of So that the Design Gentlemen was to stifle the Plot and at the same time they must throw this ill thing that the Earl had committed upon himself upon the Government that Gentlemen was the main disgrace in order to stifle that great Evidence of the Plot. And Mr. Braddon must of his own head not being put on by any of the Friends of the Earl of Essex who were all very sensible the Earl had done this Fact committed this Murther upon himself but I say he out of a true Principle to manage the Protestant Cause as they call it but indeed it was the Plot he becomes the Prosecutor of this business and you will find him by the proofs in the Case a man of many like Projects For you will find him value himself upon these Titles That he is the Prosecutor of the Earl of Essex's Murther and the Inventor of the Protestant Flails an Instrument I suppose Gentlemen you have all heard of Now Gentlemen to make this appear to the World Letters are sent into all Parts of England of this Bruit and Report He himself goes about to find Evidence for it was so great a truth and there was such a plain proof that the Earl of Essex had killed himself that he must labour it to get Evidence And he goes about it accordingly and at length he meets with a little Child of Twelve years of Age and he prepares for him all with his own hand-writing a Deposition which is a feigned Story all of it and in every part of it will appear to be false and there he mightily solicits this young Boy to sign it He comes to his Fathers House carries him in a Coach forces him away and forces him to sign this Paper that he had thus prepared for him all of his own invention and writing and with the like confidence as he appears here for so he does appear with very great Confidence as you may observe he attests it himself And Gentlemen we shall shew you that here up and down the Town he makes it his common discourse what he was in hand with and makes his boast of himself to be the Prosecutor of the Earl of Essex's Murther and he had as good a Confederate as himself Mr. Speke and he having an Interest in the Country whither the news must be sent all abroad and Mr. Braddon must go to pick up Evidence I know not where a great way off of a Murther committed in the Tower We shall prove to you he had Letters Missive and recommendatory from Mr. Speke to a Gentleman with whom Mr. Braddon was to advise for they looked upon it to be as dangerous an Enterprize almost as the Plot it self as indeed it was therefore they must be wary and Mr. Braddon is advised to go by a wrong name so this Mr. Speke and Braddon were to carry on and make up this Tragi-Comedy for I can call it nothing else for the ridiculousness as well as the dangerousness of the Design The report was to be that this Murther of the Earl of Essex was committed by the Officers that attended my Lord and to fall out in time when his Majesty was in the Tower as if the King himself had a hand in it We shall trace it in all the parts of it by several Witnesses and hope you will make them an Example first by finding them Guilty and the Court afterwards by a severe Punishment for such a villainous practice to scandalize the Government with the Murther of a Noble Peer We shall begin with shewing you the Inquisition or rather first with the Convictment of the Earl of Essex for High-Treason because that is said in the Record by way of inducement Call Mr. Reynolds who was sworn Have you the Warrant of Commitment of my Lord of Essex Mr. Reynolds Yes Mr. Att. Gen. Shew it the Court. Let the Clerk read it Mr. Reynolds This is the Commitment that was delivered the Lieutenant of the Tower together with my Lord of Essex Cl. of Cr. This is directed to Thomas Cheek Esquire Lieutenant of his Majesties Tower of London Subscribed Leolin Jenkins and dated Sir Leolin Jenkins Knight of his Majesties most Honourable Privy Council and Principal Secretary of State THese are in his Majesties Name to will and require you to receive into your Custody the Person of Arthur Earl of Essex herewith sent you being committed for High-Treason in compassing the Death of the King whom God preserve and conspiring to Levy War against His Majesty And him the said Earl of Essex to keep in safe custody until he shall be delivered by due course of Law And for so doing this shall be your Warrant Given under my Hand and Seal at Whitehal the 10th day of July 1683. L. Jenkins To Thomas Cheek Esquire Lieutenant of His Majesties Tower of London Mr. Att. Gen. My Lord we will then read the Inquisition that the Earl
will do it now or no I cann't tell Mr. Att. Gen. Did you acquaint Mr. Braddon That you had found this Boy to be a lying Boy and detected him in Lyes several times Mr. Edwards May it please you Sir I acquainted him with thus much Said I Mr. Braddon As I have dealt ingenuously with you to let you know what the Boy 's Report was so I must likewise tell you that I cannot nor will undertake to assert the truth of it and presently upon that my Daughters told me the Boy had many times excused his playing Truant by false Stories Mr. Att. Gen. Did you acquaint Mr. Braddon that your Boy was a lying Boy at that time Mr. Edwards I think I did not at that instant of time L. Ch. Just How old is this Boy you talk of Mr. Edwards About 13 years of Age my Lord. Mr. Att. Gen. What do you know of Mr. Braddon's forcing your Boy to sign any thing that he had prepared after this Mr. Sol. Gen. When you told him your Boy had deny'd it what did he say was he pleased and satisfied Mr. Edwards He was not told it by me but some of my Family Mr. Sol. Gen. How did he behave himself Mr. Edwards At the same time they told him he denied it at the same time they told him he owned it again Mr. Sol. Gen. How did Mr. Braddon behave himself Mr. Edwards Like a civil Gentleman I saw nothing else by him but that he was very zealous in the Business that is the truth of it nothing could perswade him to desist Mr. Just Holloway Pray did you ask Mr. Braddon or did he tell you what was the reason that he was so inquisitive about this Razor and the Report of the Boy Mr. Edwards As to that he told me he would let me know the reason of it which was out of conscience Mr. Jones Did not Mr. Braddon carry your Son before several Justices of Peace Mr. Edwards Before none as I know of not one truly to my knowledge Mr. Att. Gen. Did you understand he had taken your Boy from your House in a Coach Mr. Edwards Never till he carried him into his Majesties presence before the Council and I knew not that till the Boy came home Mr. Thompson Mr. Attorney Have you done with him May I ask him a Question Mr. Att. Gen. Ay ask him what you will Mr. Thompson If I understand you right Sir this Report of the Boys was that morning that the Earl of Essex was murdered L. Ch. Just Was murdered murdered himself man Mr. Thompson My Lord I mean the day of his death Now I would ask you Sir when that was Mr. Edwards The Boy 's Report was this Sir Mr. Thompson I ask you not what his Report was but when what day it was Mr. Edwards The 13 th of July That day the Earl of Essex cut his Throat Mr. Thompson How many days after that was it when Mr. Braddon came to you Mr. Edwards It was not till the 17 th of July Mr. Thompson Had you discoursed of the Report of your Boy at the Custom-house or any where else that same day he came to you Mr. Edwards I cannot say that Mr. Thompson Had you discoursed it before Mr. Braddon spake to you upon your Oath Mr. Edwards Yes I believe I had Mr. Sol. Gen. Had you discoursed it before your Boy told you Mr. Edwards I should then indeed have been the Contriver of the Story Mr. Att. Gen. So it is like enough you were Mr. Sol. Gen. Had you discoursed it to any body before you went home to your own House upon your Oath Sir Mr. Edwards Upon my Oath then I discoursed nothing of that nature not a tittle of it nor knew nothing of it till I had it from my own Family Mr. Sol. Gen. Did you not discourse of it before you went home Mr. Edwards No when I came home they told me of it L. Ch. Just I ask you again Sir Did not you tell it before you came home Mr. Edwards About 10. a Clock I having heard the News of the Earl of Essex's cutting his Throat at the Custom-house I stepped home being very near to my own House and as soon as I came in at the Door the Family began to give me an account what News the Boy brought in L. Ch. Just That was the first time you heard of it Mr. Edwards Yes that was the first time I heard of it L. Ch. Just And did not you discourse of it till after that Mr. Edwards No. L. Ch. Just Call Mr. Evans Let him come in again then Mr. Att. Gen. Let Mr. Evans come in again L. Ch. Just Mr. Evans I would ask you this Question There was three times that you say I think that you had discourse with Edwards about the Matter as you call it once at Essex and twice at the Custom-house Mr. Sol. Gen. No not in Essex it was Hatsel and Braddon my Lord that came to him there Edwards was not there L. Ch. Just When you first had a Discourse with Edwards about this Matter what was it that Edwards did say to you Mr. Evans Being upon Custom-house-Key and Captain Goodland and several others standing upon the Key that very morning my Lord of Essex's Throat was cut about 11. a Clock Mr. Edwards came to us being standing upon the Key and told us That he was informed his Boy had been at the Tower and came home and told his Mother He saw a Hand throw a Razor out of a Window and that he went to take it up and a Maid or a Woman came and took it up and went in again L. Ch. Just Evans did he tell you this as if he had been at home Mr. Evans No I think it was that he had it from home by some Hand or other Mr. Edwards I was at home Mr. Evans My Lord at two a Clock in the afternoon when he came again to the Custom-house he did tell us he had been at home and his Boy had told him the same Story L. Ch. Just But when he told you before he had dined did he say He had been at home Mr. Edwards My Family can testifie I was at home between 10. and 11. a Clock Mr. Evans To the best of my remembrance he told me he heard so from home L. Ch. Just Before he went home you say he told you of this and that was 10. a Clock in the morning and about 2. of the Clock in the afternoon he said he had been at home and it was true Mr. Evans Yes my Lord. Mr. Edwards My Lord I was at home L. Ch. Just Mr. Edwards did you tell him so or did you not Mr. Edwards It is like I might say so about 10. a Clock but not before I had received the Report at home Mr. Evans I understood it so my Lord That he had heard from home L. Ch. Just I ask you this upon your Oath mind the Question and answer me plainly Did
or 3. times there as I have heard it was not tendred the first time he came L. Ch. Just I wonder how thou hast escaped 39. years with such a Reputation Mr. Edwards My Lord I never was thought otherwise nor I hope never gave any occasion for such a Thought L. Ch. Just. I 'le assure thee I do not nor can take thee for one Mr. Edwards I hope I have done nothing to make your Lordship think the contrary L. Ch. Just Yes thou hast Thou didst nothing but shuffle up and down thou art to consider thou art upon thy Oath and must answer Questions plainly Mr. Edwards My Lord I do answer as truely as I can Mr. Att. Gen. Heark you then Mr. Edwards answer me L. Ch. Just Speak the truth and nothing but the truth that is all that is required of thee no Court of Justice ought to be afraid to hear truth Let truth come out of Gods Name Mr. Att. Gen. Did Mr. Braddon ever tell you That he had other Evidence besides your Son Mr. Edwards I do not remember he said any such thing at his first coming L. Ch. Just. How thou dost shuffle again Answer plainly Mr. Att. Gen. I ask you whether ever he did say it Mr. Edwards Yes he did say so afterwards Mr. Sol. Gen. I must ask you one Question more for I see 't is very difficult to get it out of you Pray did he tell you that he had other Evidence besides your Son before he signed the Paper or after Mr. Edwards It was before as I take it I speak to the best of my knowledg my Lord I can say no more L. Ch. Just If thou hast a mind to continue the Reputation thou hast got as thou saist the way is to answer Questions and speak the truth plainly let it concern whom it will Mr. Edwards I labour to do it my Lord to the best of my Understanding and Capacity L. Ch. Just I would not have thee say a tittle more than the truth but let the truth come out Mr. Freke Now Sir I would ask you if they have done with you Did you ever know Mr. Braddon before the 17 th of July Or did you ever see him before Mr. Edwards No I never had any knowledge of him nor ever heard a word of him Mr. Wallop Mr. Edwards The Question was asked of you Whether Mr. Braddon did say There was other Evidence besides your Son pray when was that Mr. Edwards He did not at the first time but afterwards he did Mr. Wallop That was a good while after he had been with the Boy first L. Ch. Just Make your Observation by and by Mr. Wallop This is not a time for them Mr. Att. Gen. Then where is Edwards the Boy who was brought forthwith into Court. Mr. Edwards I charge you in the presence of Almighty God speak truth Child Mr. Sol. Gen. And so should you too Mr. Edwards Be sure to say nothing but the truth L. Ch. Just And Child turn about and say Father be sure you say nothing but the truth Mr. Att. Gen. My Lord This is the Boy he is very little and very young will your Lordship have him sworn What Age are you of William Edwards I am 13 my Lord. Mr. Att. Gen. Do you know what an Oath is Will. Edwards No. L. Ch. Just Suppose you should tell a Lye do you know who is the Father of Lyars Will. Edwards Yes L. Ch. Just. Who is it Will. Edwards The Devil L. Ch. Just And if you should tell a Lye do you know what would become of you Will. Edwards Yes L. Ch. Just What if you should swear to a Lye if you should call God to witness to a Lye what would become of you then Will. Edwards I should go to Hell-fire L. Ch. Just That is a terrible thing And therefore Child if you take an Oath be sure you say nothing but what is truth for no Party nor Side nor any thing in the World for that God that you say will call you to account and cast you into Hell-fire if you tell a Lye and witness to a Falshood knows and sees all you do therefore have a care the truth you must say and nothing but the truth Cryer Pull off your Glove and hearken to your Oath Then he was sworn Mr. Sol. Gen. And now remember you call God to witness to the truth of what you say Mr. Att. Gen. Young man look upon that Paper is that your Hand Will. Edwards Yes Mr. Att. Gen. Did you sign that Will. Edwards Yes Mr. Att. Gen. Prithee tell the Court how thou camest to sign it L. Ch. Just Ay Child be not afraid Tell the truth for if thou tellest the truth thou needest not be afraid but if thou tellest a Lye thou hast need to be afraid let no body whatever has been said to thee affright thee from telling the truth Mr. Sol. Gen. Don't be afraid of thy Father or any body but tell plainly what thou knowest and speak only the truth Mr. Att. Gen. How come you to sign that Paper Will. Edwards Mr. Braddon bid me sign it when he had writ it L. Ch. Just Heark thee Child Did he take it from thee what he writ or did he write it from himself Come hither Child be not afraid no body here will do thee any hurt Then the Boy was lifted up upon the Table before the Judges L. Ch. Just Look upon that Paper didst thou put thy Name to that Paper Child Will. Edwards Yes L. Ch. Just Whose Hand-writing is that Paper besides thy Name Will. Edwards Mr. Braddon's L. Ch. Just Did he bring it ready written Will. Edwards He writ in our Parlour L. Ch. Just How came he to write it Will. Edwards He said it was for the Earl of Essex to give to his Wife L. Ch. Just And what did he ask thee before he writ that Will. Edwards He asked me whether I saw any thing at the Tower and so I told him Yes L. Ch. Just Ay tell us what you told him and be not afraid Child but tell the truth Will. Edwards I told him I was in the Tower and saw a Razor thrown out of a Window L. Ch. Just. You told him so and then what said he to you Will. Edwards He bid me speak the truth L. Ch. Just Was that all the words you had Will. Edwards I afterwards went with my Brother into the Tower and I shewed my Brother the Place and then afterwards Mr. Braddon writ this and he said it was to give to the Countess of Essex Mr. Just Holloway Did he read it to you after he had writ it Will. Edwards Yes Mr. Just Holloway And did he ask thee whether it were true Will. Edwards Yes L. Ch. Just And didst thou tell him it was true Will. Edwards Yes L. Ch. Just And didst thou tell him all that was in that Paper was true Will. Edwards Yes L. Ch. Just Did you tell him all that was writ in that Paper
not let him take it at all but went away with it I remember this for Sir Robert Clayton and it may be Mr. Braddon may remember the same of Sir John Lawrence but I can't tell that Mr. Att. Gen. My Lord Now we are come to the 20 th of July when this business was heard before his Majesty and the Boy declared it was a Lye and then he had full notice it was a Lye But after this Mr. Speke and he consult together and he must be sent as an Emissary into the Country to pick up Informations and Evidences and with this and some other Informations in his Pocket to possess the People That the Government had Murdered my Lord of Essex And he must be sent I know not how far as if the further he went from London the better Intelligence he was like to have of a thing done at the Tower The Justice of Peace that took him was summoned but is since dead But we will call the Persons that were present when he was taken where is Mr. Beech He was Sworn Mr. Beech will you acquaint the Court and the Jury with the manner of apprehending this Gentlemen and what Papers were found about him Mr. Beech. My Lord I was present when Mr. Braddon was apprehended in Wiltshire and several Papers were found upon him and upon Examination he was committed to the County Goal and from thence removed by Habeas Corpus hither up to London I have Copies of all the Papers that were taken about him which I Examined with the Originals The one was the Copy of a Letter sent by one Speke to Sir Robert Atkyns and there were other Papers in the nature of Informations another was a Letter to one Compton Post-Master at Frome Mr. Braddon upon his Examination said his business was to enquire after the Murder of the Earl of Essex and that one Mr. Burgis had sent him a Letter to this purpose That it was reported at Frome that very day the Earl of Essex cut his own Throat that he had so done the news of which could not so soon come down thither Mr. Att. Gen. Pray speak out Sir Tell what his business he said was and as to the Letters he had about him tell us what he said Mr. Beech. He told me that he had a Letter from one Mr. Burgis of Marlebrough to go to one Compton at Frome who is Post-Master there to inquire about a Report that it was said was reported in Frome the 13 th day of July the same day the Earl of Essex Murdered himself that he was Murdered Mr. Braddon had that Letter about him I went afterwards to that Compton at Frome he said he never heard any thing of it or that there was any noise of the Earl of Essexe's Murder until the Sunday following which was two or three days after From thence I went to my Lord Waymouth a Person of Quality that lives near Frome and acquainted his Lordship with it and he then said that he had an account on the Sunday of My Lord of Essex's Murder and he believed that was one of the first Letters of it that was in the Country Mr. Att. Gen. Are these the Papers you found about him Sir Mr. Beech. I Examined these Copies with the Originals and they were true Copies Mr. Att. Gen. Well put them in Mr. Beech. Truly Mr. Braddon gave a very ill accompt of his Journey to those that did Examine him Mr. Att. Gen. Pray look upon those Papers that are the Originals Mr. Beech. One Col. Airs was the Justice of Peace before whom Mr. Braddon was Examined and by whom he was Committed he is since dead but I do believe this was the Original Letter that was taken about Mr. Braddon L. J. C. Do you believe that was the Original Mr. Beech. I do I have a true Copy of it Mr. Att. Gen. Besides we will prove it otherwise to be Mr. Spekes hand It was proved by Mr. Blathwaite that Mr. Speke upon his Examination did own it what say you Mr. Blathwaite Mr. Blath He did own it And said in these words as I remember he believed it to be his hand Mr. Att. Gen. What that Paper Mr. Blathwaite Yes and I have put my hand upon it That it was owned by him L. C. J. Read it Cl. of Cr. This is subscribed by Hugh Speke and dated London Lincolns Inn August 15 th 1683 Wednesday Night 10 a Clock and directed For the ever Honoured Sir Robert Atkyns Knight of the Bath at his House at Netherswell near Stow on the Old in Gloucester-shire Honoured Sir THe Bearer hereof is one Mr. Braddon a very honest Gentleman whose Father has at least eight Hundred per Ann. in Cornwall It seems it is his Fate to be the only Person that follows and Prosecutes the Murder of the Earl of Essex and he has made a very considerable discovery already of it notwithstanding the hard Stream he rows against as things stand and are carried on at present But indeed I think it could never have fallen on so fit a Man for he has been a very hard Student and is a Person of a very good Reputation Life and Conversation and has a great deal of Prudence and has as much Courage a any one living whatsoever He went away on a sudden hence Post towards Marlebrough to make some farther discovery and what he has discovered he will give you a full accompt and of all the Transactions hitherto above it I lent him my Man to go with him for fear he should come to any mischief for most here fear that he will be either stabbed or knock'd in the head if he do not take great care of himself seeing he came into these parts I thought it not amiss to go and advise with you how he had best to proceed in it and I did charge him not to let any body know who he was that it might not be known that he had been with you For I would not for the whole World that you should come to any prejudice in the least for your kindness towards us For we labour under many difficulties as the Tide runs at present Pray call Mr. Braddon by the name of Johnson when he is with you I have given him the same Item We hope to bring on the Earl of Essexe's Murder on the Stage before they can any of those in the Tower to a Tryal He being in great hast I have not time to write more but to assure that Mr. Braddon is a Person of that Integrity and Courage that no body needs fear to trust him I was very willing that he should take your advice in this Case which is of so great a moment seeing he came within twenty or thirty Miles or thereabouts of your House He will give you a full and clear Relation of every thing in that Affair and how hand they have been upon him Sir Henry Capel told him that it was a thing too great for him
Sunday Morning From thence I went to my Lord Weymouths as I told you Mr. Att. Gen. My Lord We have gone through our Evidence for the present to shew how this man has endeavoured to spread this matter to the scandal of the Government We shall end here at present to see how he has improved his confidence by what defence he will make to all this proof Afterwards if there be occasion We shall give an account of the Earls death how he murdered himself And for that we have a Cloud of Witnesses tho this Gentleman has taken upon him so much confidence as to contest it L. C. J. That would be very fit Mr. Attorney because they have raised a doubt in some Peoples minds about it Mr. Att. Gen. I thought it best to reserve it till after I see what defence he will make L. C. J. Take your time Mr. Wallop May it please your Lordship and you Gentlemen of the Jury I am of Counsel for Mr. Braddon and Mr. Speke the Defendants here You see what the Issue is before you Mr. Speke and Mr. Braddon they are in the Information charged That they did Conspire together to make the People believe That whereas the Earl of Essex murdered himself and so it was found by the Inquisition yet they would have the People believe that that Inquisition was taken unduly and that they did Conspire to procure false Witnesses to make these things out Now Gentlemen the only point that you are to inquire of is this Whether these two Gentlemen did malitiously factiously and seditiously set these things on foot This Report that the Earl was murdered or whether there were such intimations offered to them accidentally and casually without officiousness or any of their own seeking that might induce a good man or a wise man to follow the business upon such Information given For our parts that are for the Defendant we say this for our Clients We are not so much to make any men guilty of this Murder that is not our business but to prove our own innocency and fair dealing in this matter Now Gentlemen if these two Persons had no inducement to lead them on to this but did it of their own heads that is Criminal in them but if they had that which might induce a wise and good man though they were much mistaken yet they are not to be found Guilty of this offence that is charged on them I shall leave it Gentlemen to you who I question not have observed the Evidence that has been given and whose proper work it is to make your Judgment upon But in our defence the steps we go are these and we desire you would please to observe them First we say that the Report of this Murder was the day before two or three days before and that very day so many Miles distant from London that hearing of such a Report we might very easily be induced to make some inquiry after it and of this 4 Instances we shall give in the Course of our Evidence that this was a great many Miles off London talked of at the day and immediately after the day before the News could reach those places after the Fact committed Then we shall proceed to those passages concerning the Boy and produce Evidence to set forth the true State of that Matter That this Boy as he says himself did tell the Family this Story that very day that my Lord murdered himself immediately upon his coming home Now this Original Story is impossible to be contrived by Mr. Braddon be it true or be it false Then Mr. Braddon coming into Essex to Mr. Evans house at Wansteed there what was said by the Boy was spoken of Then Mr. Braddon finding this Information of the Boy which he had given merely of himself and which contradicted the Inquisition and put him upon this Inquiry Now how far this Intimation has weight and may be an inducement to a good and a wise man as I say that we must leave to you But besides that there is a Girl a stranger to the Boy that at the same time upon the matter and to this same effect and substance delivered such an Evidence as might very well serve to confirm us in our Inquiry and this is the Course of our Evidence in the substance of it And we shall apply our selves to your Lordship and the Jury after the Evidence given and make our Observations upon it and submit it to you Gentlemen Mr. Williams Will your Lordship please to spare me one word that is an Objection that we would make from the Record it self The Information that does recite That the Earl of Essex was imprisoned in the Tower and during his Imprisonment there cut his own Throat and became Felo de se And that there was an Inquisition taken before such an one before Edw. Farnham Coroner of the Liberty of the Tower My Lord I was not here when the Inquisition was read if I had I should have made the Objection then but this is that I say If we can falsifie that part of the Record if there be a mistake there that is if Farnham was not Coroner then they fail in their proof and we must be found not Guilty for so it is in the Information L. C. J. It is said to be before him as Coroner of the Liberty Mr. Williams Yes My Lord They recite that he is Coroner and that the Inquisition was taken before him as Coroner and Mr. Braddon knowing of it did thus and thus L. C. J. Why is he not Coroner Mr. Williams My Lord I desire the Inquisition may be looked into I cannot go to contradict the Inquisition but my instructions only are that he is Deputy Coroner and if it be so they are mistaken in their Information Cl. of Cr. It is Coram Edvardo Farnham Coronatore Mr. Williams Then we can't help it But there are these things that we say to it one part of the Information is That we should go about to perswade the people that this Inquisition was not duely taken another part is That we did procure false Witnesses to prove it now what proof is offered as to the matter of perswading the people I must submit to you whether it be such as comes up to the Charge in the Information There is some kind of proof but what it is you see Then for the other Matter which is the procuring false Witnesses that under favour I think I may affirm that there is no proof at all of that Mr. Braddon or Mr. Speke did procure false Witnesses Gentlemen we shall endeavour to acquit our selves of all if we cannot of all yet of part especially that part which seems to be the most Criminal And I must needs say I have not heard any Proof of procuring false Witnesses by either of the Defendants Then there is a third thing charged and indeed in the Evidence there is something that looks towards it That he should go about
by Papers and otherwise to publish it That he was a person employed to prosecute the Murder of the Earl of Essex Now as to this matter all I shall say for Mr. Braddon is this If he have done something more it may be by a transport of Zeal than became him that must be submitted how far it is criminal If he did what did not become a mighty wise and discreet Man yet if he did what became a rational Man of ordinary Capacity to do if he had this Information and so many other Informations and he did search innocently a little into it if he did not do it Seditiously and Factiously with an ill mind we hope there is no such great harm done And indeed Gentlemen his Mind is to be tryed in this matter And 't is an hard matter to try a Man's Mind quo animo a Man did such an Action that he did it there is some sort of Evidence but if he did it not out of an ill Principle and with an evil Intention then under favour we take it he is not Guilty of this Information And we shall endeavour to make it out thus This Gentleman hearing of this Report of the Boy makes his Application first to Sir Henry Capell who was a person well known to be nearly related to this unfortunate Lord the Earl of Essex and he tells him what Information he had received Sir Henry Capell puts him into an excellent Course and desires him to go and inform a Secretary of State and he did so and if he had gone only this way all that he had done had been innocent Then the matter is only this He has gone a little out of the way and has taken some Informations and Examinations in Writing why thô he has gone a step or two awry yet if it was with a design to prepare the matter the better for the Secretary by laying these Papers before him we hope there is no Crime if we did it not Seditiously but only with an intention That Mr. Secretary might receive a more clear and full Information I hope the Jury will acquit us L. C. Just You say well Come prove your matter Mr. Thompson Call Mr. Fielder and Mrs. Mewx and Mr. Lewes Lewes appeared Cryer Lay your Hand on the Book Lewes My Lord I desire my Charges may be paid before I Swear L. C. J. Prithee what have I to do with thy Charges I won't make Bargains between you If you have any Evidence to give and will give it doe if not let it alone Lewes My Lord I shall not give any Evidence 'till I have my Charges L. C. J. Mr. Braddon if you will have your Witnesses swear you must pay them their Charges Mr. Braddon My Lord I am ready to pay it I never refused it but what shall I give him L. C. J. Nay I am not to make Bargains between you agree as you can Mr. Thompson My Lord We are willing to do what is reasonable You Lewes what do you demand Lewes He can't give me less than Six Shillings a day L. C. J. Why where doest thou live Lewes At Marlebrough L. C. J. Why can'st thou earn 6 s. a day by thy own Labour at Marlebrough Lewes My Lord I am at 40 s. or 3 l. a Week charge with my Family and Servants L. C. J. What Trade art thou Lewes A Stapler L. C. J. And does your Trade stand still while you are here in Town Lewes Yes to be sure it can't go well on L. C. J. Well I say that for you you value your Labour high enough I know not what your Evidence may be but Mr. Braddon you must pay your Witness if you will have him Mr. Braddon I will my Lord very readily what will you have I have paid you something already Lewes Give me Twenty Shillings more then You can't give me less Then Mr. Braddon paid him Twenty Shillings and he was Sworn L. C. J. Well what do you ask him Mr. Thompson Mr. Thompson We ask him what report he heard of the Earl of Essex's Death and when L. C. J. What is your Name friend Lewes Lewes L. C. J. Well what is it you say Lewes My Lord as I was riding up Husband within Three or Four Miles of Andover Mr. Wallop How many Miles is that off of London Lewes Fifty two Mr. Wallop Well go on Lewes Between the hours of Three and Five but it is so long ago that I cannot exactly tell the certain time a Man asked me what News I heard in the Country I told him I heard none Says he I hear the Earl of Essex has cut his Throat it was upon a Friday in the Summer I forget the day of the Month I can't tell what Month it was certainly Mr. Thompson What day of the Week was it Lewes I remember it was upon a Friday Mr. Thompson Can't you tell what Month it was Lewes I can't tell what Month it was it was in the Summer I know Mr. Braddon My Lord I desire to ask him a question L. C. J. Do if you will Ask him what you will Mr. Braddon Did not you go to Marleborough on the Saturday Lewes I did go to Marleborough the next day which was Saturday Mr. Braddon I desire to know of him whether he did meet with the News of it there then Lewes My Lord as to that when I came home my Neighbours asked me if I had heard any News I told them says I I hear the Earl of Essex hath cut his Throat Why when did you hear it say they I heard it yesterday said I. Said they it was done but yesterday how could you hear it so soon That is all I have to say my Lord. Mr. Williams By the best Conjecture you can make was it that very day the Earl of Essex cut his Throat Lewes I do not know that ever any such Man cut his Throat but this I heard and I tell you the time as well as I can Mr. Williams Then pray let us have our Money again L. C. J. Thou art well paid I will say that for thee Mr. Williams Where is Mr. Fielder Swear him Which was done Pray Sir what did you hear and when of the Earl of Essex's Death Mr. Fielder The Wednesday and the Thursday of the same Week that the Earl of Essex cut his Throat it was reported in our Town of Andover that he had so done The Women as they came in and out of the Town talked of it one to another L. C. J. What was talked of that Wednesday and Thursday Mr. Fielder That my Lord of Essex cut his Throat in the Tower Mr. J. Withins What before he had cut his Throat Mr. Fielder Yes Mr. J. Withins That is very strange indeed L. C. J. Lord what a story is here Mr. Williams My Lord if you please I will tell you what use we would make of it L. C. J. I know what use you would make of it the use is just
Lord Keeper he had it in writing I gave him an accompt in writing Mr. Braddon But you are now called upon your Oath and are to speak the Truth and must give an accompt to his Lordship and the Jury upon your Oath what it was the Boy told you Mrs. Edwards What was it Sir he came and told me why the Boy told me Mother says he I have been at the Tower and seen the King's Majesty and his Royal Highness and says he the Earl of Essex has cut his Throat and Lord Mother says he and wept Lord Child said I I am afraid you are going to make some excuse to me that I should not beat you being you have play'd Truant no mother says he I did not He continued in this for a little while and then afterwards did deny it Mr. Braddon What did he deny Mrs. Edwards What he had said to me Mr. Braddon Did he deny that he had been at the Tower Or that the Earl of Essex had cut his Throat Mrs. Edwards No he denied what he said he saw Mr. Braddon What was that Mrs. Edwards He said he saw an hand out of a Window and a Razour fell down and he went to take it up and there came out a Woman or a Maid a short fat Woman came out and took it up and went in again Mr. Wallop And he said this crying and weeping you say Mrs. Edwards Yes he did so Mr. Braddon Did he deny it before such time as I had been there Mrs. Edwards No you was once at my House before and spake to my Husband and then you came the same day again Mr. Braddon Pray what was the discourse your eldest Daughter had with the Boy between the time of my first coming and the time of my second coming L. C. J. 'T is impossible for her to answer any such Question what discourse two other people had Mr. Att. Gen. Bring the Daughter her self and let her tell L. C. J. Hark you Mrs. Edwards before you go The Boy denyed it it seems in two or three days after he had given out such a Report Mrs. Edwards Yes my Lord he did L. C. J. How came he to deny it Mrs. Edwards I will tell you how When this Gentleman came and acquainted my Husband with his business it put us all into a great damp and my Husband said now both my Boys were gone to School and says he after the Gentleman was gone to my Daughter Sarah Don't you say any thing to your Brother when he comes in but let him alone and we will talk to him So with that she was so grievously affrighted and so amazed that as soon as he came in she said prithee Billy deal truly and don 't you tell any lie to save your Breech for here has been a Gentleman to inquire some thing about what you said why Sister says he will any thing of harm come truly Child says she I don't know and upon that he did deny it L. C. J. Did you tell Mr. Braddon he had denied it Mrs. Edwards He was told he had denied it L. C. J. Did you tell Mr. Braddon before the Paper was signed that he did deny it Mrs. Edwards Yes my Lord he knew that before the Paper was signed Mr. Braddon Mrs. Edwards Did not the Boy come to you and cry out he should be hang'd and then did deny it Mrs. Edwards Yes that he did Mr. Braddon From whence did he come that he was in such a fright Mrs. Edwards I can't tell that Sir Mr. Braddon Did not your eldest Daughter chide him and threaten him Mrs. Edwards Yes she did bid him speak the Truth Mr. Att. Gen. And then he denied it Mrs. Edwards Yes L. C. J. Ay says she to him Billy do not to save thy Breech tell a lie but speak the Truth why then says he the Truth of it is there was no such thing Mr. Braddon My Lord she says it was after his Sister had Chid and threaten'd him Mr. Sol. Gen. You are a little too fierce upon the Woman Mr. Braddon you do not Observe what she says L. C. J. Yes he is wonderful zealous flourishing his hands Mr. Sol. Gen. She says the Daughter did tell the Son that he must speak the Truth and not tell a lie to save his Breech for there had been a Gentleman to inquire about it why says the Boy will there come any harm of it I don't know says his Sister why then says he I tell you the Truth there was no such thing L. C. J. Ay when she ingaged him to tell the Truth and not tell a lie to save his Breech then the Truth comes out Mr. Braddon Pray call Sarah Edwards the Daughter My Lord they told me in the House that she had frighted him into a denial L. C. J. Pray good Sir how came you to be a Justice of peace And to turn Examiner You live in the Temple or belong to the Temple how come you to take Examinations here in London but that some people are so very zealous and officious in matters that concern them not on purpose to raise a dust Then Sarah Edwards the younger was sworn Mr. Braddon Did not your Brother deny what he had said by your means L. C. J. Pray ask a fair Question Mr. Braddon Mrs. Pray tell your Knowledge of what the Boy declared L. C. J. Ay Ay Tell what you know what your Brother said concerning his seeing a Razour and his denying of it afterwards Tell all from the beginning to the end and tell Truth in Gods name and nothing but the Truth We desire the Truth may come out let it be of which side it will Sarah Edwards My Brother came home and said he had been at the Tower and that he had seen his Majesty and his Royal Highness and the Earl of Essex had cut his Throat and that he saw an hand fling out a Razour out of a Window and that a Maid or a Woman came out and took it up and went in again and presently after he heard the noise of murder cryed so I knowing he was very apt to tell lies I did not believe it Mr. Braddon Pray Mrs. did you prevail with him to deny it afterwards L. C. J. You are so wonderful full of Zeal and heat in this matter you cannot let your own Witnesses tell their own Story but you must interrupt them You have been bred to the Law and you have been before here present I suppose at many Tryals and what pretence can you have to be more indulged in an extraordinary way of proceeding than others 't is not for the integrity of your Conversation I am sure that you ought to have it but only because you have more impudence Mr. Braddon My Lord I have nothing of confidence but what is grounded upon innocence L. C. J. I tell you you are too confident and pray know where you are and behave your self as you ought Mr. Braddon My Lord I
his Clyent according to my instructions L. C. J. Yes you are so and shall know that you are under the Correction of the Court too Mr. Wallop My Lord I know where I am L. C. J. Ay you know well enough but you would do well to carry your self as you should do Mr. Wallop With humble submission my Lord I appeal to all that hear me L. C. J. Appeal to whom you will I know the business of the Barr is to appeal to the Court. Mr. J. Withins What is the matter with Mr. Wallop that makes him so earnest in this Cause L. C. J. There is such an heat in this Cause I wonder whence it should come I am sure 't is not from the honesty of it Mr. Braddon Young Mrs. Edwards if I suffer any thing by reason of the falsity of your Testimony it will return upon you Sarah Edwards Sir I do tell you all I know Mr. Braddon Then I desire you to answer me this Question whether or no when the Boy did own what he first said and I asked him the reason of his denyal whether the falsity of the thing or fear caused him to deny it did not he say it was fear through your discouragements and threatnings Sarah Edwards No he did not say it did he Mother L. C. J. Why we are got into a way of appealing and appealing here is appealing to the people and appealing to the Witness pray keep to the business and within the bounds of decency Before such time as the Boy denyed it did you desire him to speak truth Sarah Edwards Yes I did Mr. Thompson And when Mr. Braddon Examined him did he desire him to speak truth Sarah Edwards Yes he did L. C. J. But he knew before he Examined him that he had denyed it did not he Sarah Edwards Yes the Second time before he came into the House Mr. Braddon I desire the old Gentleman may be asked this Question Mr. Thompson Call Mr. Edwards again L. C. J. The Spirit of the Clyent was got into the Counsell I think just now and now 't is got into the Clyent again 'T is an hard matter to Lay it I perceive Mr. Wallop My Lord I am here of Counsell for Mr. Braddon and I only ask Questions as they are in my Breviate L. C. J. But Sir if you have any thing in your Breviate that reflect upon the Government you ought not to vent it nor shan't be permitted to vent it as long as I sit here Mr. Wallop My Lord with submission I hope I never did nor never shall let any such thing come from me L. C. J. Nay be as angry or as pleased as you will 't is all one to me you shall not have liberty to broach your Seditious Tenets here Mr. Braddon Mr. Edwards pray will you answer this Question Did not your Son when he was asked why he denyed it say that it was fear and discouragement through his Sisters Threats was the cause Pray speak the truth Mr. Edwards I cannot tell whether the Child did say so something of that nature he did say Mr. Thompson Call Anne Burt. L. C. J. We have got such strange kind of notions now a days that forsooth men think they may say any thing because they are Counsel I tell you Mr. Wallop your Questions did reflect upon the Government as though the King had a mind to turn a man out of his employment if he did not swear a falsity What can be a greater reflection than that But all the matter is what has been done must be avouched and justifyed though it be never so ill But we plainly see through all This was the design from the beginning the King and the Duke of York were in the Tower at that time and it must be thought and believed that they had designed this matter and so then all people must be ruined in case they would not say the Earl murdered himself tho indeed others had done it Mr. Wallop Mr. Edwards did not delight to have such a Report as might create trouble first come out of his House Mr. Braddon My Lord As to the making such an inference or any reflection as your Lordship mentions I am as far from it as any body here L. C. J. We must give a wonderful deal of countenance to such barbarous and horrid practises and I warrant you must suffer the Government to be reflected upon at the will and pleasure of every man No let us hear the Truth but not in the face of a Court permit men to asperse the Government as they please by asking such Questions Mr. Att. Gen. And the Witnesses say nothing to it neither L. C. J. No nothing at all like it but 't is aspersion for aspersion sake And we must sit still and hear it Mr. Wallop My Lord I think 't is for the honour of the Government to have all things fairly inquired into L. C. J. And 't is for the honour of all Courts of Justice not to suffer reflections upon the Government let them be by whom they will And in Gentlemen of the Bar 't is worse than others Mr. J. Withins Truly I do not see where there is any countenance for asking such a Question L. C. J. No but some people are so wonderful Zealous Mr. Wallop My Lord Zeal for the Truth is a good Zeal L. C. J. It is so but Zeal for faction and sedition I am sure is a bad Zeal I see nothing in all this cause but villany and baseness And I believe no man that has heard it but will readily acknowledge that it appears to be an untoward malicious ugly thing as bad as ever I heard since I was born on purpose to cast an indignity upon the King and Government and set us all in a flame Then Anne Burt appeared and was Sworn Mr. Braddon Mrs. Burt I desire to know what discourse you had with Mrs. Edwards and that Family Mr. Att. Gen. I beg your pardon for that Here Mrs. Edwards is her self to tell what she has said Mr. Braddon I desire to know what discourse she had with any of the Family Mrs. Burt. I went to make a visit to Mrs. Edwards and I had not been there half an hour but in comes this Gentleman now I had asked no Questions about the business but in he comes and desired to speak with Mr. Edwards Mr. Edwards was called and when he came in with Mr. Edwards the Gent. sat down in the Room and told Mr. Edwards he had heard a Report of something his Son had spoken but he desired to have it from his Sons own mouth and the Boy was called in this is a real Truth Sir for I do not know whether I may stir from this place where I am alive or no And when the Boy came in the Gentleman said to him if it be true that you have reported own it if not do not own it for said he 't is a dreadful thing to be found in
Where abouts in the Tower was it Lodeman Sir it was a you go upon the Mount Mr. Wallop Whose Lodging do you think it was Lodeman I did not know whose it was but Folks said it was the Earl of Essex's L. C. J. Who did you tell this to Lodeman I told no body till I came to my Aunt and I told her L. C. J. What is her Name Lodeman Margaret Smith L. C. J. Did you ever tell this to that Man Lodeman Yes afterwards I did L. C. J. How came he to enquire of you about it Lodeman He came and asked me and I could not deny it L. C. J. Ay but how came he to ask you Lodeman There was a Gentlewoman that was at our house and she heard of it and spake of it at a Gentlewoman's at Dinner and so he came to our house to inquire about it L. C. J. Who is that Gentlewoman what is her Name Lodeman Susan Gibbons L. C. J. Let me see the Information of this Girl that Mr. Braddon had taken Cl. of Cr. Yes my Lord there it is L. C. J. Do you know my Lord of Essex's Lodgings Lodeman They said it was his L. C. J. Did you know it of your own knowledge Lodeman No Sir I did not Mr. Thompson Pray what became of the Razour that was thrown out of the Window after it was thrown out Lodeman I saw a Woman in a white Hood come out but I did not see her take it up Mr. Sol. Gen. Girl you say that when you were at this place in the Tower and saw this matter there were a great many people there besides your self Lodeman Yes Sir Mr. Sol. Gen. Did the Razour fall among the people that stood there or did it fall out in the street or how Lodeman Sir it fell within the Pales Mr. Sol. Gen. And was the Passage easy into the Pales Lodeman Yes Mr. Sol. Gen What they must climb over must they Lodeman No you need not climb over there is a door to go in And when people went in the Souldier opened the door Mr. Sol. Gen. Who went in with the Souldier Did you see any body go in Lodeman There was a Man went in but I know not who he was Mr. Sol. Gen. Did the Souldier stand at the door when this Razour was thrown out Lodeman I can't tell that a Souldier used to be at the door Mr. Sol. Gen. The Woman came out of the Lodging did she not Lodeman Yes· Mr. Sol. Gen. Did she go in again Lodeman I did not see her go in again Mr. Sol. Gen. Did she go into the Pale Lodeman I did not see her go into the Pales Mr. Sol. Gen. Did you see the Razour after it fell upon the ground Lodeman No. Mr. Sol. Gen. Was it bloody Lodeman Yes Mr. Sol. Gen. Very bloody Lodeman Yes Mr. Sol. Gen. Did you see no body take it up Lodeman No I did not Mr. Sol. Gen. Come hither Child are you sure it was a Razour or a Knife Lodeman I am sure it was a Razour Mr. Sol. Gen. Was it open or shut Lodeman It was open Mr. Sol Gen. What colour was the handle Lod. Sir I can't tell I see it but as it flew out Mr. Sol. Gen. Was it all over Bloody Lodeman No. Mr. Sol. Gen. All but a little speck Lodeman It was very Bloody L. C. J. Blessed God what an Age do we live in Girl you say you did not know it to be my Lord of Essex's Window Lodeman No but as they told me L. C J. Nor you did not see any body take up the Razour Lodeman No. L. C. J. But are you sure you did not Lodeman I am sure I did not L. C. J. But Child recollect thy self sure thou did'st see some body take it up Lodeman No I did not L. C. J. I ask thee again did'st not thou know it to be my Lord of Essex's Window Lodeman No but as they told me L. C. J. Did you hear no body speak to the Maid that came out Lode No body at all L. C. J. No Prithee is that thy Hand Child shew her the Paper the uppermost part of it Lodeman Sir I can't Write L. C. J. Who put thy Name to it Lodeman Sir I don't know no more than the Pope of Rome L. C. J. Whose Hand Writing is that Lodeman I cannot tell I never could Write in my Life Mr. Braddon Those are the Names of such as heard her say it Mr. Att. Gen. Yes you have Cooked it up bravely L. C. J. You shall see what a brave Managery you have made of this poor Child Read the Information Cl. of Cr. Reads The Eighth of August 1683. Jean Lodeman Aged about 13 Years did in the presence of these whose Names are Vnder-Written declare as follows That the said Jean Lodeman was in the Tower on Friday Morning the 13th of July last and standing almost over against the late Earl of Essex's Lodging Window she saw a Hand cast out a Razour out of my Lords Window and immediately upon that she heard shrieks and that there was a Souldier by my Lords door which cryed out to those within the House that some body should come and take up a Razour which was thrown out of the Window whereupon there came a Maid with a White Hood of the House but who took up the Razour she cannot tell L. C. J. Here 't is said the Souldier cryed out but now she says the Souldier she does not know was there and she heard no body speak to the Maid Mr. Braddon With Submission my Lord I desire to ask her this question L. C. J. Prithee ask her what thou wilt We hear what she says Mr. Braddon Did you hear the Souldier cry out or did you not Lode No I did not Mr. Braddon Did not you say you heard him cry out Mr. Sol. Gen. My Lord we cannot admit Mr. Braddon should ask such Questions they are leading Questions Ask her a general Question and you shall have an Answer but you shall not give her words to Swear to L. C. J. No Upon my word you have given her too many words to Swear to already Mr. Braddon My Lord I only writ what she declared Mr. Sol. Gen. Were you carried by Mr. Braddon before any Magistrate or any Justice of Peace Lodeman No. Mr. Sol. Gen. Did he take the Examination himself Lodeman Yes Mr. Att. G. Did not he desire you to go before a Justice of Peace to be Sworn Lodeman No Sir Mr. Sol. Gen. Did he Write it himself Mr. Att. Gen. Ay he Writ it and took it and this Woman that is coming here is a Witness to it L. C. J. What is this Womans Name Mr. Braddon This is the Aunt Margaret Smith Who was Sworn L. C. J. Well what say you to her Mr. Braddon I desire to know what this Girl said to you when she returned from the Tower the 13 th of July Mrs. Smith She said to that effect that she speaks now
she says now she does not know it to be his Lodging Mr. Braddon My Lord she says she was told it was his Lodging L. C. J. But you have made her to say positively it was his Lodging and that he threw out the Razor Mr. Sol. Gen. Pray Sir where did you first hear this Report of this Girl Mr. Smith There at the house where she was Mr. Sol. Gen. Were you alone when you went to the Girl the first time Mr. Smith No I went with Mr. Braddon Mr. Sol. Gen. Did you hear any thing of it before What did induce you to go along with Mr. Braddon What were the Arguments that prevail'd with you to go with him Mr. Smith I did not know where he was going Mr. Braddon called me at the Shop as I stood at the Door and ask'd me if I was busie or would go with him so I went with him to the Tavern Mr. Sol. Gen. You never heard one word before of the Girl 's report Mr. Smith No I did not L. C. J. What else did the Girl tell you Mr. Smith I can't say what else she said This I remember that I have told you L. C. J. Did she name the Earl of Essex's Lodgings Mr. Smith I am sure she said the Lodging where the Earl of Essex lay L. C. J. Did she name the Earl of Essex Mr. Smith She did name the Earl of Essex's Lodgings L. C. J. Did she in so many words say That it was the Earl of Essex's Lodgings Mr. Att. Gen. Your Lordship sees they give one Evidence and she another Mr. Smith I cannot say whether she did in so many words say so or no but she said That she saw a Hand toss out a Razor and either the hand was bloody or the Razor and it was where my Lord of Essex's Lodgings was L. C. J. But did she name my Lord of Essex's Lodgings Mr. Smith Yes she did L. C. J. Well what else did she say Tell us all she said Mr. Smith She said there was a man stood below and she heard two shrieks and the Man did say Here is a Razor and a Woman came out or one in Womans cloths with white headcloths Mr. Braddon asked if she see any Body take it up and she said no but she heard a Man say here is the Razor and she saw a Woman come out L. C. J. You are sure that is all you heard her say Mr. Smith I think so L. C. J. Recollect your self pray good Mr. Smith Mr. Smith I do not know that I heard any thing else L. C. J. Pray read his Information C. of C. Here is William Smith subscribed Mr. Smith Mr. Braddon writ down what the Girl said and we did read it over all and then set our hands to it L. C J. Well Sir Read the Information then C. of C. Reads the Information as before L. C. J. You hear what you have affirmed in this Paper that the Girl said you have forgot in your Evidence now this long business about the Soldier Mr. Smith My Lord I have told all I did remember L. C. J. Why you have set your Hand to it Mr. Smith I did read it over and it was nothing but what the Girl said I am sure L. C. J. Where do you live Mr. Smith In Throgmorton-street L. C. J. What Trade Mr. Smith A Barber L. C. J. A notable Shaver upon my Word a special fellow I 'le warrant him Mr· Braddon Call Mrs. Mewx who appeared and was Sworn Pray what day was it you went from London to Barkshire Mrs. Mewx The day before my Lord Russel was tryed Mr. Braddon What Expression did you hear from a Gentleman in the Coach L. C. J. We must not suffer such a Question to be asked that is not Evidence Mr. Braddon My Lord I ask the Question in general terms what she heard such a day L. C. J. Does she know any thing of her own Knowledg Mr. Braddon She can tell what she heard my Lord. L. C. J. 'T is no Evidence Mr. Braddon Will your Lordship please to hear what she says L. C. J. No I will not hear what I should not hear let her speak what she knows Mr. Braddon She knows this that a Woman told her L. C. J. Ask your Councel whether that be Evidence If you will not be satisfied with what I say ask them Mr. Wallop She proves a Report L. C. J. I ask it of you Mr. Wallop Is what another said to her Evidence in this Case Mr. Wallop My Lord If really there was such a Report L C. J. Is that Evidence Mr. Wallop 'T is Evidence there were such a Talk and that is Evidence of the probability of the thing L. C. J. I 'le leave it to your self If you as a Lawyer say 't is Evidence we will hear it because you say so but I believe you nor no body else will offer to say any such thing Mr. Wallop My Lord we lay it before the Court as part of the Ground upon which we went in our being concerned in this business L. C. J Is that a Justification of Mr. Braddon Mr. Wallop Upon these probabilities he ingaged in this matter and to prove this Report he brings this Gentlewoman to tell what she heard L. C. J. Why is what the VVoman told her Evidence She reported a Report to me can that be Evidence Mr. Wallop My Lord with submission we think it justifies Mr. Braddon that he went upon these grounds L. C. J. Where is the Woman that told her why is not she brought Mr. Wallop They say She is so big with Child she can't come L. C. J. Why if that Woman were here her self if she did say it and would not Swear it we could not hear her how then can her saying be Evidence before us I wonder to hear any man that wears a Gown to make a doubt of it Mr. Braddon I desire Jeremy Burgis may be called who appeared and was Sworn Mr. Wallop VVhat can you say about the Report in the Country Mr. Burgis I was at Frome about my business on a Fryday L. C. J. VVhy Gent. what are we doing all this time Do you think we sit here for nothing Is not this the first time that a Report was given as Evidence in Westminster-Hall Mr. Freke My Lord We are necessitated to use this sort of Evidence L. C. Just. I tell you Sir It is no evidence be necessitated what you will Mr. Freke My Lord They have produced this man's Letter that was taken about Mr. Braddon that is produced in Evidence against him now this man comes to give an Account how he came to write that Letter L. C. Just. But he shall not give an Account by a Report in the Countrey Mr. Burgis It was written to the Landlord of the house where I quartered that he might give notice to Mr. Braddon of a Discourse that passed in his house that Friday of a Report that was there concerning