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
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.
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
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
the same as you make use of all sorts of ridiculous and shamming stories to set us together by the ears and rake into all the Dunghills that can be to pick up matter to put us into confusion Mr. Williams But my Lord if there was such a report so long before L. C. J. Mr. Williams you were here in Town at that time I am sure Mr. Williams My Lord I heard it at Eleven a Clock that day that is the soonest I heard it L. C. J. What an Age do we live in what stuff is here picked up on purpose to kindle the Fire and set us all into a flame Mr. Att. Gen. What day of the Month was it Fielder upon your Oath Mr. Fielder I did not mind the day of the Month I can't tell that Mr. Att. Gen. How do you know it was that Week Mr. Fielder Because on the Saturday night that Week we had the certain News of it Mr. Sol. Gen. You say somebody told you then of it on Saturday Mr. Fielder Yes on Saturday we had certain News of it Mr. Sol. Gen. Who gave you the certain Intelligence Mr. Fielder Some Clothiers Mr. Williams Was Gadbury your Country-man L. C. J. Ay prithee ask him that whether Gadbury told it him or Erra Pater if you will Mr. Att. Gen. From what Market-people was it reported Mr. Fielder Some Women Mr. Sol. Gen. It was only Womens stories then Mr. Fielder Yes they talked of it among themselves Mr. Att. Gen. Was it the Forenoon or the Afternoon Mr Fielder The Wednesday and Thursday both it was the common talk of the Town all day long Mr. J. Withins Name one that spake it to you Mr. Att. Gen. Ay name one of any credit if you can Mr. Fielder I cannot it was the Women as they came in and out of my shop and as they went up and down the Town Mr. Wallop My Lord we leave it with your Lordship and the Jury He swears he then heard such a Report Mr. J. Withins Do you believe this Mr. Wallop your self You are a man of Ingenuity I appeal to you Mr. Wallop I believe that Mr. Braddon in his Prosecution of this matter went upon the ground of this Report for he had heard the like Evidence was given in my Lord Staffords Tryal about the News of Sir Edmondbury Godfreys being killed before it was known here what was become of him and that perhaps might mislead him if he be mislead Mr. J. Withins Do you believe that this man can speak truth when he says it was Reported all about their Town for two days before it was done and yet can't name one person that spake it Mr. Fielder I keep a publick shop and don 't take notice of every one that comes in and out to remember particularly Mr. J. Withins You heard it up and down the Town you say surely you might remember some-body Mr. Wallop He might hear it and not take notice of one but it was the common same at Andover Mr. Williams Let it go as it will Your Lordship and the Jury hear what he says L. C. J. But under favour Mr. Williams it ought not to pass so easily 't is a contrivance to deceive the King's Subjects and shews a design to pick up Evidence to amuse the unwary and fill their heads with fears and jealousies of I know not what Mr. Wallop My Lord I would excuse my Client from malice as well as ever I can and therefore we produce these Witnesses to shew what grounds he had for what he did Mr. Williams We will next call some Women that live near the Tower that might give him some occasion for his concerning himself in this business Jane Lodeman and Margaret Smith This voice and rumor in the Country made him to go into the Country but it shews he was no contriver of the Report Mr. Att. Gen. I would feign know of Fielder when he told Mr. Braddon of this Mr. Braddon My Lord I desire the family of the Edwards may be called L. C. J. Name them Who are they How can we tell who your Witnesses are Mr. Braddon Cryer call them Mrs. Edwards and her Daughter Will your Lordship give me leave to make my own defence L. C. J. Ay if you will but then take notice your Council are discharged from making any defence for you Mr. Braddon May it please your Lordship and you Gentlemen of the Jury These were the inducements following that put me upon engaging in this matter Mr. Att. Gen. Call your Witnesses first and then speak Mr. Braddon Mr. Edwards and Mrs. Edwards who came into Court Mr. J. Withins Pray Mr. Braddon answer me this one Question What was the matter that incouraged you to proceed after you knew the Boy had denyed it and said it was all a lye Mr. Braddon I was bound to answer to an Information after I had been examined at the Council I had not otherwise stirred in it again L. C. I. Well what do you ask Edwards Mr. Braddon What day was the first day I saw you and had discourse with you and what was the discourse I had with you Mr. Edwards It was the seventeenth of July Mr. Braddon What did you tell me then that your Boy reported Mr. Edwards I told you what I acquainted the Court withal before that the Boy had brought home such a Report Mr. Braddon Had the Boy ever denied it before I saw you Mr. Edwards That day you came to speak with me about it as I was informed by my Wife and my Daughter the Boy did deny it Mr. Braddon Was it before I came or after I came that he denied it Mr. Edwards It was after you came Mr. Braddon What were the inducements that made him to deny it L. C. J. He tells you himself because it was false Mr. Braddon I desire the elder Sister Sarah Edwards may be called Mr. Wallop It is apparent the Boy did first affirm it L. C. J. I thought Mr. Braddon would have made his defence himself Mr. Wallop but you will be breaking in upon him with your Remarks Make your Remarks by and by this is a time for Evidence Mr. Wallop My Lord I only say this 'T is apparent the Boy did first affirm it and we shall shew how he came to deny it L. C. J. 'T is not proper for you to make Remarks when you are examining your Witnesses but when you sum up You may take what notes you will and reserve them till that time but do not break in upon the Evidence Cryer Here is Sarah Edwards now who was sworn Mr. Att. Gen. This is not the Sister this is the mother of the Boy L. C. J. Well what do you ask her Mr. Braddon What discourse had you with your Boy about Ten of the Clock that Friday morning I met you Mrs. Edwards I had no discourse but what my Child told me Mr. Braddon What did your Child tell you Mrs. Edwards I gave an accompt to my
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
hope I do no otherwise L. C. J. We must give such liberty and toleration because of the extravagance of his confidence as to let him break in upon all rules and methods When you behave your self as you ought to do the Court will indulge you and give you all just liberty but don't expect for your Zeal-sake and the flinging of your hands to do what you list Go on Mistriss Sarah Edwards So Sir this Mr. Braddon came on Tuesday following about one or two of the Clock and asked for my Father and coming my Sister Mary went to the door and called my Father out to him When my Father came to him he told my Father he came from Sir Henry Capell and the Countess of Essex to know the Truth of my Brothers Report So my Father told him the Boy had reported such a thing but he would not assert the Truth of it for he had been informed by us that the Boy was apt to tell lies to excuse his playing Truant so the Child was gone to School when Mr. Braddon came and when he came home from School they went to the Child said I Billy will you be sure to tell me the Truth of this Report why Sister said he will any harm come of it Nay said I I do not know for there has been a Gentleman to inquire about it So then the Child denied it L. C. J. Did he know this before he made the Boy sign the Paper Sarah Edwards Yes this was on the Tuesday after Mr. Braddon had been first there And I spake to him said I Billy say nothing but the Truth be sure and don 't tell a lie to save your Breech So Sir as soon as ever the Child denied it Mr. Braddon came in again the same day and coming in found us my Mother and all of us daunted hearing the Boy deny it but he asked the Child and bid him speak the Truth and told him it was a dreadful thing to be a Liar and bid him read the fifth of the Acts telling him he would find there two were struck dead for telling of a lie and several other such expressions that I cannot remember Upon Wednesday about noon he comes again and then my Brother did own it again and he writ down what the Boy owned and went away saying he would go to Sir Henry Capell and the Countess of Essex And on Thursday he comes again and brings a Paper written over again not the same he writ at our House and then the Child set his hand to it The Child was something unwilling so says he to him it will be no harm to you if any danger does come of it it will come to me and not to you L. C. J. The Child was unwilling to sign it you say but by his perswasion Sarah Edwards Yes Mr. Braddon told him it would be no harm to him all the harm would come to himself Mr. Braddon When the Child had owned to me what he first said and upon your saying that he denyed it I asked him the reason why he denyed it pray will you tell what answer he made to that question Pray tell the truth and nothing but the truth Sarah Edwards Upon my word Sir I can't recollect that Mr. Braddon Pray Mistress what answer did he make Sarah Edwards I have told you what I know to the best of my remembrance Mr. Braddon Did not you hear your Brother run to his Mother and cry out I shall be hanged Sarah Edwards Yes Mr. Braddon What was the reason of his crying out so Sarah Edwards Why the Child had that fear and dread upon his Spirits knowing it was a Lye I suppose he had told Mr. Braddon What was the reason of his fear L. C. J. She tells you it was the falshood of the story Mr. Wallop Mistress did not you tell him that his Father would be in danger of losing his Place Sarah Edwards Yes Sir we did Mr. Wallop Did you tell him the King will Hang your Father if you do not deny it L. C. J. Why you have a mind to have it believed that it was true then Mr. Wallop Mr. Wallop My Lord the Boy best knows that L. C. J. But do you believe that if it had been true that the King would Hang his Father or turn him out of his Place if he did not deny it as though the King would force people to deny the truth Mr. Wallop My Lord I do not say nor believe any such thing L. C. J. But your question seems to carry it so Mr. Wallop My Lord I ask the Question of her whether she did not say so to him I ask Questions according to my instructions L. C. J. Nay Mr. Wallop be as angry as you will you shan't Hector the Court out of their understandings We see plainly enough whether that question tends You that are Gentlemen of the Robe should carry your selves with greater respect to the Government and while you do so the Court will carry themselves as becomes them to you Mr. Wallop I referr my self to all that hear me if I attempted any such thing as to Hector the Court. L. C. J. Referr your self to all that hear you referr your self to the Court 't is a reflection upon the Government I tell you your Question is and you shan't do any such thing while I sit here by the Grace of God if I can help it Mr. Wallop I am sorry for that I never intended any such thing my Lord. L. C. J. Pray behave your self as you ought Mr. Wallop you must not think to huff and swagger here Mr. J. Withins Mr. Braddon you hear what the reason was of his crying out so She said he was afraid because he knew he had told a Lye Mr. Wallop Pray Mistress who told him the Family would be ruined by it Mr. J. Withins Mr. Wallop I asked this Gentlewoman whether she did say it and she said she could not tell Sarah Edwards Indeed I cannot tell my Lord. Mrs. Edwards She did indeed say so my Lord. Mr. Wallop Pray let it go my Lord as it is what was it she said Did she speak about turning her Father out of his place Mrs. Edwards I cannot say that but she said when the Boy asked whether there would be any harm by it she could not tell but it may be her Father and Family might be ruined L. C. J. And is not this reflection upon the Government to say the King would Ruine any one if they did not tell a Lye Mr. Wallop My Lord for a false Report he might be Ruined but it seems upon this saying he did deny it Mr. J. Withins Was there a word said of his being turned out of his Place Mrs. Edwards I cannot say there was L. C. J. No not a word but only Mr. Wallop is so impetuous in the worst of Causes Mr. Wallop I am in the judgment of the Court whether I do any thing but what becomes an Advocate for
my self in it any further at all than Writing the Letter which I did not well know what I Writ L. Ch. Just Well have you any more to say Mr. Speke Mr. Speke No my Lord. L. Ch. Just Have you any more Mr. Bradden Mr. Bradden My Lord I have only this to say for my self It has not been proved directly or indirectly That I used any evil Arguments to perswade these Witnesses to testify what was false but I dealt with them with all the Candour that any Person in the World could use and used all the Caution that I could to hinder them from speaking any thing that is false There has been nothing proved of evil Practice used by me and I desire the Gentlemen of the Jury to take no other notice of any thing that has been or shall be spoken but what has been Proved L. Ch. Just Gentlemen of the Jury The Evidence has been very long that has been given both for and against the Persons against whom this Information is exhibited 'T is an Information exhibited by the Kings Attorney General in His Majesties Name against Lawrence Bradden and Hugh Speke And the Information does set forth That the late Earl of Essex Murdered himself in the Tower and that thereupon there was an Inquisition taken before the Coroner that did find that he had so Murdered himself he being before that time Committed for High Treason in Conspiring the death of the King and levying War to disturb the Government And these Persons did render that Inquisition as tho' it had been Fraudulently and Irregularly obtained and also to breed ill Blood and spread false Rumours among the Kings Subjects by endeavouring to perswade them to believe That the Earl of Essex was Murdered by some other hand and had not Murdered himself and had procured false Witnesses to testify some such matter in order to the spreading about that false Rumour This is the Substance of the Information To this Information they have both pleaded Not Guilty and the Evidence as I was telling you has been somewhat long but according to the best of my Memory and for the assistance of yours I will mind you of as many things as occur to me that have been said against them and what has been said on their behalf I mean so much of it as is Evidence For I must tell you all Hear-says and common Discourses of other Persons is not Evidence and I will give you that Reason that is sufficient to satisfie any man that is Unbiassed That if in case the Person that so told the Story had been here if he had not told it upon Oath you could not have believed that Person Therefore surely there is less credit to be given to him that tells a Tale out of another bodies mouth And I tell you this because there has been great Allowances given and ought to be when people are accused of such great and weighty Crimes for these are monstrous Crimes that these Gentlemen are accused of but 't is you that are to try whether they are Guilty or not Certainly there is scarce in Nature a greater Crime that can be committed than This that is now before you for I think Robbery or any other such Felonies are not such monstrous Crimes in their true real Weight tho' in consideration of Law in respect of Punishment they are greater yet in point of Crime they are surely less for to spread false Reports in order to raise Sedition Ill-will Heart-burnings and Jealousies in the Kings Subjects against the Government and to suborn Witnesses to that evil purpose is surely a much greater Crime than robbing on the High-way Now Gentlemen 't is not unknown to most of you what indeavours have been of late made to possess the minds of the King's Subjects of great Injuries designed to be done them by the King or His Authority And in order to foment Differences and Misapprehensions between the King and his People and among the People between one and another all Arts have been used to Proscribe People that they are minded to Expose Those they bare ill will to must be called Papists or Papists in Masquerade but They and their Confederates are the Sober Party the true Protestants as if there were none Sober or True Protestants but such as are Factious and Troublesom in the Government But by these things they bring an Odium upon the Name of a Protestant their aim is by distinguishing to divide us whereas if they were Protestants in truth the true Church of England Protestants they would have another behaviour they would learn to obey and submit to Authority and not go buzzing from House to House and spreading false Reports but study to be quiet and do their own business And tho' Mr. Bradden made use of the 5 th Chap. of the Acts to the Child he would have done well to have taken notice of some other parts of Scripture that are as much Scripture as That that enjoyn Obedience and Submission to the Magistrate and being quiet and minding his own business it's odds he had never come to that trouble he is now likely to meet with But the Crime he is accused of carries all the Venom and Baseness the greatest inveteracy against the Government that ever any Case did that I have met with For it s insinuated That because the King and the Duke were walking in the Tower that day and near that time when this unfortunate thing happened now it must be whispered as though the King and the Duke had designed this Murder How Base How Devilish and Hellish a Design is this But yet this must be spread about and endeavoured to be distilled into the minds of the Kings Subjects But besides Gentlemen you are to consider as was opened by the King's Counsel to what this thing tended for in as much as there was an horrid bloody Conspiracy to take away the life of the King and of his Dear Brother his Royal Highness the Duke of York And forasmuch as several persons have been duely executed for that Conspiracy who were concerned along with this unfortunate Lord I cannot help the naming of it though I am sorry for his misfortune for the sake of that Honourable Family but rather than he would abide his Tryal God knows what other reason he had but the probability of the thing speaks it he being conscious the great Guilt he had contracted in being concerned in such a Conspiracy made him destroy himself And 't is easie to imagin how far that might prevail upon him it being done immediately after my Lord Russel who was one of the Conspirators with him was carried to his Tryal It cannot be thought but it was to prevent the methods of Justice in his own particular Case And Gentlemen there was Digitus Dei in it and it is enough to satisfie all the World of the Conspiracy though we live in an Age wherein men are apt to believe only of one side they can believe
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
Then Gentlemen you may observe this fellow is easily perswaded to swear any thing for he gives no manner of account how he came to hear what he speaks of or from whom or how Mr. Braddon came to him He had never seen him before that time he says though Mr. Braddon had such a value for this worshipful Pin-maker whom he never saw that he came from London upon the least intimation of this man so zealous he was for the carrying on this weighty affair which I may call this impudent and intolerable Lye Gentlemen I must tell you if any proof in the world be sufficient to prove malice you have sufficiet proof of it before you now If it had been a thing of indiscretion only without malice if there had been nothing of Caution given to him about it as a thing that concerned not him there might have been something said to alleviate it but for him to come as if he had Authority from the Countess of Essex and Sir Henry Capel who denies it shews the malice of his design Gentlemen 't is a concern of an High nature and if you do belive these persons that are Defendants or either of them to be guilty such as you believe to be guilty you must find Guilty and of so much as you believe them Guilty And if in case they shall by you be found guilty the Court is to take care to inflict a punishment if it be possible suitable to their Offence Then the Court arose and the Jury afterwards gave in a private Verdict which the next morning was repeated in Court and recorded And by that Verdict they found the Defendant Laurence Braddon guilty of the whole matter charged upon him in the Information and the Defendant Hugh Speke guilty of all but the conspiring to procure false Witnesses and of that they found him Not Guilty FINIS ADVERTISEMENT IN the Tryal of Sir Samuel Bernardiston Baronet lately published you are desired to correct this mistake in Page 16. line 33. for No read Yes The Tryal of John Hamden Esquire is now in the Press and will be shortly published Luna 21. Aprilis 1684. Termino Paschae 36. Carolus Secundi Regis B. R. Dom. Rex versus Bradden and Speke Mr. Att. Gen. MY Lord Here are two Persons to receive your Judgment L. Ch. Just Who are they Mr. Att. Gen. Bradden and Speke But it being late I know not whether you will give it now or appoint some other time L. Ch. Just No no let them come in They will say we are afraid of giving Judgment else Then Mr. Bradden and Mr. Speke came into Court Mr. Att. Gen. My Lord We pray your Judgment for the King that you will set a good Fine Mr. Williams We are retained to move in Arrest of Judgment Mr. Att. Gen. Judgment is entered already and there is nothing but a Fine in the Case Mr. Williams My Lord If it be entered it is entered but this Term and 't is in the Breast of the Court if they please to admit us to speak in Arrest of Judgment L. Ch. Just When were the Rules out Mr. Williams My Lord it was put off by consent to this day L. Ch. Just But when were the Rules out I ask Cl. of Crown The Rules were out the last day of the last Term and then Judgment was entered L. Ch. Just Well then Judgment is entered what say you against a Fine M. Williams We were retained to move in Arrest of Judgment I am sure I was and instructed to that purpose L. Ch. Just I cannot tell what you were retained to do but now Judgment is entered what say you as to the Fine Mr. Williams We cannot say any thing as to that we are not instructed I am sure I am not Mr. Wallop My Lord we took it and I was told so That it was put off by consent to this day L. Ch. Just I know nothing of your Consent nor what you consented to If you consent among your selves at the Bar that is nothing to the Court. Here we find Judgment entered and we must proceed upon what is before us Mr. Wallop Your Lordship will please to remember what the Evidence was L. Ch. Just I do remember it very particularly Counsel My Lord Mr. Speke is found Guilty of nothing but Writing that Letter Mr. Att. Gen. He is found Guilty of all but the Suborning L. Ch. Just We do very well know there is a difference between them Then the last Rule was read L. Ch. Just Well Judgment is regularly entered what say you to it for the Defendants Mr. Wallop My Lord we conceive we have very good matter upon the Verdict to move in Arrest of Judgment L. Ch. Just Yes no doubt what you have to say is extraordinary material but you come too late we cannot hear you Sir Samuel Astrey is Judgment entered according to the course of the Court Cl. of Cr. Yes L. Ch. Just Then we must proceed to fine them Mr. Bradden Pray my Lord Let Mr. Ward be asked whether they did not agree we should move to day Mr. Ward That was only an agreement on Saturday that they might appear to day and I would not take them in Execution Mr. Bradden This was the day I was to move in my Lord Mr. Burton knows very well he agreed to it Mr. Burton I know nothing more of it my Lord but that indeed I did consent on Saturday that whatsoever they could move then they should move on Munday Mr. Ward That was only that they should appear to day instead of Bradden's being taken up by a Capias pro Fine L. Ch. Just Well well I know nothing of your agreements here is Judgment entered regularly as we find it you had best bring your Action against Mr. Burton if he have done you any wrong but I did not know that Mr. Burton was the Kings Attorney But I find here is Judgment against you and 't is for a very foul Offence as notorious an Offence as any Person under that which is Capital could be guilty of base aspersions of the Government in order to promote Sedition and Faction and for that End made use of all Villanous means to corrupt Infants and then justify that Vilany with a brazen Face to that degree of Impudence as I never before saw That all the Justice of the Nation must be affronted by such audacious Fellows for it seems his Confidence has not left him but here he smiles and seems as if he had done no harm Mr. Bradden My Lord I know my own Innocency and therefore have no reason to be troubled L. Ch. Just Your Innocence your Impudence you mean I tell you had you been in any other Country but this the Innocence you brag of would have sent you to the Gallies Mr. Just Wythins Then you think Mr. Bradden you have done very well in what you have done L. Ch. Just Ay I assure you does he And the Zeal of his Party