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.
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
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
and a Maid come out and take it up and go in again Mr. Thompson Did you see any such thing as a Bloody Razor cast out Will. Edwards No. L. Ch. Just What a dust has such a trivial Report made in the world Admit the Boy had said any such thing what an Age do we live in that the Report of every Child shall blow us up after this rate It would make a body tremble to think what a sort of people we live among To what an heat does Zeal transport some people beyond all reason and sobriety If such a little Boy had said so 't is not an half-penny matter but presently all the Government is to be libell'd for a Boy which whether he speaks true or false is of no great weight and he swears 't is all false Mr. Sol. Gen. My Lord We shall next call Dr. Hawkins's Son of the Tower Where is Thomas Hawkins who was sworn Mr. Att. Gen My Lord Agreeable to what the Boy has now said to shew you that what Mr. Braddon got him to sign was all false here is the young man that truanted with him the same morning that was with him all the time the whole morning that says there was no such thing and he saw no such thing and how could it enter into the Boys head such a malicious lye if it had not been dictated Pray Mr. Hawkins will you acquaint my Lord and the Jury whether you play'd Truant that morning with this other Boy and where you were L. Ch. Just Ay Tell the truth in Gods name Young Man be it one way or t'other let the truth come out Hawkins In the morning Sir I met with him at the Tower going round with the King and we walked round the Tower as long as the King walked and then the King going into the Constables house we and some more Boys were playing L. Ch. Just Prithee speak out as though thou wert at play at Chuck-farthing Hawkins After we had been at play I went home and after I had been there a little while news was brought to my Father that the Earl of Essex had killed himself My Father went down and I followed him and after I had been there a little while William Edwards came home and there we stood looking up at the Window an hour or two at least and after we had tarried there a great while I went out of the Tower Gate a little after 11. Mr. Att. Gen. Was there no Razor thrown out of the Window Hawkins No there was no Razor thrown out L. C. J. Didst not thou see a Razor thrown out of the Window and a Maid come and take it up Hawkins No there was no such thing L. C. J. Were you there before Edwards came Hawkins Yes L. C. J. And you went out with him Hawkins Yes L. C. J. Did you and Edwards go away together Hawkins Yes Mr. Thompson Did he tell you of any such thing Hawkins No. Mr. Sol. Gen. What time of the day was it that you went out of the Tower Hawkins Almost 11 a Clock Mr. Wallop The Boy does say he did tell his Father and Mother and all the Family of it And 't is plain by the Father that it was known in the Family by 10 of the Clock Mr. Att. Gen. Was this young man with you all the time that you was there Edwards William Edwards Yes Mr. Att. Gen. Did not you tell your Father of this Story when you came from the Tower William Edwards Yes Mr. Att. Gen. And that was the same time you came out of the Tower with Hawkins William Edwards Yes Mr. Att. Gen. And you Hawkins was this young man with you all the time you were at my Lord Essex's Window Hawkins He came thither while I stood there Mr. Att. Gen. My Lord This is but the beginning of our Evidence your Lordship sees what a fine Case it is and how all this noise and bustle has come to be made in the World The Rumour first did arise in a Fanatick Family and was propagated by that Party Mr. Jones Ay 't is easily known whence it came L. C. J. Gentlemen pray will you go on with your Evidence and make no descants Mr. Freke You Hawkins when you came from your Fathers house did you find that Boy in the Tower Hawkins Yes Sir a going round with the King L. C. J. That was before this thing happened Mr. Freke Were you with him all the while he was in the Tower Hawkins Just before my Lord Essex cut his Throat I went home Mr. Freke Were you with him all the time or no And how long were you with him Hawkins I went with him round the Tower with the King And after we were at play and then I went home and then when I had been at home a little time the rumour and noise came that the Earl of Essex had killed himself so I went with my Father and stood before the Window and I tarried there a while before he came home and I stayed with him looking at the Window a great while and we went out of the Tower together Mr. Freke You little Boy Edwards was this Mr. Hawkins with you all the time that you were in the Tower William Edwards Yes but only a little while that I was at the Mills Mr. Att. Gen. My Lord We had not laid so much weight upon Mr. Braddon for this matter but that he could not be quiet but must inform the King of it and this matter was all examined before the King the Boy was sent for and before his face the Boy declared it was a Lye And after he knew this and after the Boy had twice in the presence of the King denied it yet notwithstanding all this then was the Project between him and Speke We shall first prove the Examination of this matter before the Council and how he was acquainted with it Pray call Mr. Blathwaite and Mr. Mon-Stevens Mr. Blathwaite was Sworn Mr. Att. Gen. Pray Mr. Blathwaite will you give an account whether you were present at the Council when Mr. Braddon brought this Information and how the matter was Examined there and what was done Mr. Blathwaite My Lord It was on the 20 th of July that Mr. Braddon came to White-hall he may remember I was there for he could not but see me attending on the King This little Boy was brought before his Majesty and was asked what Information he had given Mr Braddon And whether the Matter of the Information was true The Boy said it was a Lye and that upon his faith it was not true Mr. Braddon knew all this for he was called in and informed of it and I believe Mr. Braddon will remember that he heard the Boy deny it The whole Examination could not but shew that it was an Invention of his as he said it was to excuse himself for having plaid Truant that day and that because he was afraid to go home he invented that Lye
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
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
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
if he had done no more but given him this advice it had been worthy of commendation but when the Boy had refused to sign it for him to go and make such a stir without examining further into the particulars but only taking a slight report from such a Child and to make such a disturbance in the Nation and such a Noise not only here but abroad as this has done sure argues neither uprightness nor Conscience Had the Boy stood in it and persevered in it it had become him in regad of the tenderness of the boys age to have been more inquisitive into Circumstances before he gave such credit to what he said as to make all this adoe But what says the Boy when he comes here he is now upon his Oath and he tells you He did tell his Mother so at first and he did tell Mr. Braddon so at first but afterwards when his Sister spake to him and bid him be sure to tell nothing but what was truth then he said truly it was not truth He tells you Mr. Braddon offered him the Paper to sign but he would not sign it and being asked the Question Why he would not sign it He says because it was not true and being asked Whether Braddon had notice of this the Mother and Sisters all tell you He had notice the Boy had denyed it How came Mr. Braddon what Authority had he to take this Examination He is no Justice of Peace no Magistrate that had any authority to take Examinations What concern had he in it more than other people The Boy could tell him there were abundance of people there besides himself though it was a Lye he told then and that the Girl told now Why did not he stay to have it confirmed by some of those people Why did not he carry these Children before some Magistrate or Justice of Peace some body that had authority to take Examinations There was a Spirit that prevailed with Mr. Braddon to engage and make a stir in this business and you may easily guess what a kind of Spirit it was which gave him this authority that he had not before Gentlemen Another thing is this 'T is plain and the Boy now swears it directly That whereas he put it into his Information How that he told him he was going to see my Lord Brandon Gerrard's Lodgings but now he is upon his Oath he swears directly he never told him any such thing and yet he hath put it into the Paper he made him sign He tells you a second time Mr. Braddon came to him which was after the Boy had refused and declared himself unwilling and that then he was perswaded by Mr. Braddon who told him there was no harm in it if there be any harm it would be to him and not to the Boy and so by vertue of that he insinuated himself and got the Child to sign that Paper which is every Tittle of it false as the Boy now swears directly And he tells you How he was imposed upon by Mr. Braddon pretending there was no harm to him all the harm would come to himself and by reason of these Insinuations he was prevailed upon to put his Name to that which was notoriously false The next Witness to make it appear that it was notoriously false not only by the Boy himself but by other Circumstances is Hawkins the Ministers Son Dr. Hawkin's Son of the Tower And he tells you I play'd Truant as well as he that day and I saw the King and the Duke at the Tower and when I had seen them I went about as they did and afterwards I went home and there came a Report that my Lord of Essex had cut his Throat which made me go back again to the Tower and there was I a considerable time gaping among other people and there did I see this Boy Edwards when he came there I was there I was there all the time that he was there and we went out of the Tower together and there was no such thing nor any pretence or ground for such a story And Edwards himself being asked the Question upon his Oath doth likewise say Hawkins was with him all the time there So that that shews not only by what the Boy says that it was false but it is also proved false by the Testimony of this other Witness Hawkins Then next comes Mr. Blathwait who was present when Mr. Braddon was before the King and what does he say He says there was the Boy fetched and the Girl fetched and all persons examined there and then 't is told him all the Boy had said to him was false and it was told him with all its Circumstances So that notice sufficient if you will believe Mr. Blathwait was given to this Mr. Braddon That the Boy had denyed it then as he had before to his Sister So he knew it was false But what does Mr. Bradden do now He is so far from being satisfied in the Matter that instead of stopping there his Zeal transported him to pursue it further And so he tells you that Mr. Braddon confessed he would have got some Justice of Peace to have the Boy examined and he applyed himself to Sir Robert Clayton and Sir John Lawrence There were many Justices of the Peace besides them in London to whom he might have applyed himself But when he comes to Sir Robert Clayton and acquaints him with the matter he would not do it alone it was thought a Matter of that Importance Then says Mr. Bradden you shan't do it at all He must have the kindness of having it done in private to have it examined when any body was by was not so well for his purpose which shews you still Gentlemen his design was to contrive privately to effect that which the light should not easily discover Then the next thing is the Evidence of Mr. Monstevens And he gives you an account That he came to him and he read the Information and gave him a Caution that he wondered at him says he Why do you concern your self about this business there is Sir Henry Capell he does not concern himself Then he pretended to come in his Name but at length when Mr. Monstevens began to dispute it with him why Sir Henry did not appear himself in it Then truly Sir Henry Capell was very ill and could not possibly come himself but I am to go to him and give him satisfaction about what I do and so also to the Countess of Essex No says Mr. Monstevens that cannot be for Sir Henry Capell is not so ill but that he has been with my Lord Sunderland and with the King too since the death of my Lord of Essex To which he made him no Answer So that that was but an excuse and a Subterfuge but yet notwithstanding all this Caution he continues on his Zeal in the thing whereupon Mr. Monstevens brought him to my Lord Sunderland and what discourse has past between them
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