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A63180 The tryal of Laurence Braddon and Hugh 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 ... / before Sir George Jeffreys. Braddon, Laurence, d. 1724.; Speke, Hugh, 1656-1724?; England and Wales. Court of King's Bench. 1684 (1684) Wing T2196; ESTC R24641 100,437 81

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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
or 3. times there as I have heard it was not tendred the first time he came L. Ch. Just I wonder how thou hast escaped 39. years with such a Reputation Mr. Edwards My Lord I never was thought otherwise nor I hope never gave any occasion for such a Thought L. Ch. Just. I 'le assure thee I do not nor can take thee for one Mr. Edwards I hope I have done nothing to make your Lordship think the contrary L. Ch. Just Yes thou hast Thou didst nothing but shuffle up and down thou art to consider thou art upon thy Oath and must answer Questions plainly Mr. Edwards My Lord I do answer as truely as I can Mr. Att. Gen. Heark you then Mr. Edwards answer me L. Ch. Just Speak the truth and nothing but the truth that is all that is required of thee no Court of Justice ought to be afraid to hear truth Let truth come out of Gods Name Mr. Att. Gen. Did Mr. Braddon ever tell you That he had other Evidence besides your Son Mr. Edwards I do not remember he said any such thing at his first coming L. Ch. Just. How thou dost shuffle again Answer plainly Mr. Att. Gen. I ask you whether ever he did say it Mr. Edwards Yes he did say so afterwards Mr. Sol. Gen. I must ask you one Question more for I see 't is very difficult to get it out of you Pray did he tell you that he had other Evidence besides your Son before he signed the Paper or after Mr. Edwards It was before as I take it I speak to the best of my knowledg my Lord I can say no more L. Ch. Just If thou hast a mind to continue the Reputation thou hast got as thou saist the way is to answer Questions and speak the truth plainly let it concern whom it will Mr. Edwards I labour to do it my Lord to the best of my Understanding and Capacity L. Ch. Just I would not have thee say a tittle more than the truth but let the truth come out Mr. Freke Now Sir I would ask you if they have done with you Did you ever know Mr. Braddon before the 17 th of July Or did you ever see him before Mr. Edwards No I never had any knowledge of him nor ever heard a word of him Mr. Wallop Mr. Edwards The Question was asked of you Whether Mr. Braddon did say There was other Evidence besides your Son pray when was that Mr. Edwards He did not at the first time but afterwards he did Mr. Wallop That was a good while after he had been with the Boy first L. Ch. Just Make your Observation by and by Mr. Wallop This is not a time for them Mr. Att. Gen. Then where is Edwards the Boy who was brought forthwith into Court. Mr. Edwards I charge you in the presence of Almighty God speak truth Child Mr. Sol. Gen. And so should you too Mr. Edwards Be sure to say nothing but the truth L. Ch. Just And Child turn about and say Father be sure you say nothing but the truth Mr. Att. Gen. My Lord This is the Boy he is very little and very young will your Lordship have him sworn What Age are you of William Edwards I am 13 my Lord. Mr. Att. Gen. Do you know what an Oath is Will. Edwards No. L. Ch. Just Suppose you should tell a Lye do you know who is the Father of Lyars Will. Edwards Yes L. Ch. Just. Who is it Will. Edwards The Devil L. Ch. Just And if you should tell a Lye do you know what would become of you Will. Edwards Yes L. Ch. Just What if you should swear to a Lye if you should call God to witness to a Lye what would become of you then Will. Edwards I should go to Hell-fire L. Ch. Just That is a terrible thing And therefore Child if you take an Oath be sure you say nothing but what is truth for no Party nor Side nor any thing in the World for that God that you say will call you to account and cast you into Hell-fire if you tell a Lye and witness to a Falshood knows and sees all you do therefore have a care the truth you must say and nothing but the truth Cryer Pull off your Glove and hearken to your Oath Then he was sworn Mr. Sol. Gen. And now remember you call God to witness to the truth of what you say Mr. Att. Gen. Young man look upon that Paper is that your Hand Will. Edwards Yes Mr. Att. Gen. Did you sign that Will. Edwards Yes Mr. Att. Gen. Prithee tell the Court how thou camest to sign it L. Ch. Just Ay Child be not afraid Tell the truth for if thou tellest the truth thou needest not be afraid but if thou tellest a Lye thou hast need to be afraid let no body whatever has been said to thee affright thee from telling the truth Mr. Sol. Gen. Don't be afraid of thy Father or any body but tell plainly what thou knowest and speak only the truth Mr. Att. Gen. How come you to sign that Paper Will. Edwards Mr. Braddon bid me sign it when he had writ it L. Ch. Just Heark thee Child Did he take it from thee what he writ or did he write it from himself Come hither Child be not afraid no body here will do thee any hurt Then the Boy was lifted up upon the Table before the Judges L. Ch. Just Look upon that Paper didst thou put thy Name to that Paper Child Will. Edwards Yes L. Ch. Just Whose Hand-writing is that Paper besides thy Name Will. Edwards Mr. Braddon's L. Ch. Just Did he bring it ready written Will. Edwards He writ in our Parlour L. Ch. Just How came he to write it Will. Edwards He said it was for the Earl of Essex to give to his Wife L. Ch. Just And what did he ask thee before he writ that Will. Edwards He asked me whether I saw any thing at the Tower and so I told him Yes L. Ch. Just Ay tell us what you told him and be not afraid Child but tell the truth Will. Edwards I told him I was in the Tower and saw a Razor thrown out of a Window L. Ch. Just. You told him so and then what said he to you Will. Edwards He bid me speak the truth L. Ch. Just Was that all the words you had Will. Edwards I afterwards went with my Brother into the Tower and I shewed my Brother the Place and then afterwards Mr. Braddon writ this and he said it was to give to the Countess of Essex Mr. Just Holloway Did he read it to you after he had writ it Will. Edwards Yes Mr. Just Holloway And did he ask thee whether it were true Will. Edwards Yes L. Ch. Just And didst thou tell him it was true Will. Edwards Yes L. Ch. Just And didst thou tell him all that was in that Paper was true Will. Edwards Yes L. Ch. Just Did you tell him all that was writ in that Paper
before he writ it down Will. Edwards Yes L. Ch. Just Prithee mind the Question and speak truth Didst thou tell him all that was in that Paper before he writ it down Will. Edwards Yes I told him and so he writ it down Mr. Just Holloway You heard it all read to you you say Will. Edwards Yes L. Ch. Just Then I ask you again Did you tell him all that was in that Paper that was read to you before he writ it down Will. Edwards Yes L. Ch. Just And after you had told him he writ it down Will. Edwards I told him as he writ it down L. Ch. Just And after such time as he had writ it down did he read it to you Will. Edwards Yes L. Ch. Just And then you put your Name to it Will. Edwards Yes Mr. Att. Gen. I pray my Lord he may be asked this Question Whether or no when he first brought it in the Boy did not deny to sign it L. Ch. Just Did he bring the Paper thither before thou signedst it Will. Edwards It was upon the Table L. Ch. Just Didst not thou refuse to put thy Name to it Will. Edwards Yes L. Ch. Just Why Will. Edwards I was afraid L. Ch. Just Why Will. Edwards For fear of coming into danger L. Ch. Just Why what danger could there be There was no danger if it was truth Will. Edwards That was not the truth L. Ch. Just Which was not the truth Was not the Paper that he had written truth Will. Edwards No. L. Ch. Just How so Child Was not that thou toldest him the truth Will. Edwards No. L. Ch. Just Tell the truth now then Will. Edwards So I do Mr. Sol. Gen. Then he offered it first to you and bid you sign it and you denied to put your hand to it because it was not true Will. Edwards Yes L. Ch. Just And how long after did he offer it to you again Will. Edwards A little while after L. Ch. Just But did you tell Mr. Braddon it was not true when you refused to sign it Will. Edwards No I did not L. Ch. Just Why didst thou refuse to sign it then Will. Edwards I was afraid because it was not true L. Ch. Just Didst not thou tell Mr. Braddon it was not true Will. Edwards I did not tell Mr. Braddon it was not true L. Ch. Just Why then wast thou afraid to sign it because it was not true at one time and yet didst sign it tho' it was not true at another time Mr. Sol. Gen. Child Didst thou give Mr. Braddon any reason why thou didst not sign it at that time Will. Edwards No Sir Mr. Sol. Gen. How didst thou come to sign it Did any body speak to thee between that first time thou refusedst to sign it and the second time thou didst sign it Will. Edwards He would fain have got my Aunt to have signed it L. Ch. Just Thou sayst thou didst first refuse it because it was not true Will. Edwards Yes L. Ch. Just And then afterwards thou didst sign it Will. Edwards Yes L. Ch. Just Then I ask thee who perswaded thee to sign it after that time that thou first refusedst it Will. Edwards My Mother was afraid to have me sign it L. Ch. Just Who perswaded you to sign it Will. Edwards Mr. Braddon said there was no harm in it so I did it L. Ch. Just Did Mr. Braddon then perswade you to sign it Will. Edwards He said there was no harm in it that was all L. Ch. Just Did you do it at his desire Will. Edwards Yes L. Ch. Just And you refused it at first when he desired it Will. Edwards Yes L. Ch. Just What because it was false Will. Edwards Yes L. Ch. Just Why then wouldst thou sign it afterwards if some body did not perswade thee to it Will. Edwards He told me there was nothing of harm in it Mr. Att. Gen. Hadst thou any money offered thee by Mr. Braddon Will. Edwards No. Mr. Att. Gen. Hadst thou any money promised thee Will. Edwards No. Mr. Att. Gen. Hadst thou any thing else offered or promised thee Will. Edwards No nothing at all L. Ch. Just You have heard what he has said Gentlemen Jury No my Lord we have not heard a word L. Ch. Just Then I will tell you what he has said exactly He says that Mr. Braddon writ it from him that he writ it in the Room while he was there that after such time as he had writ it Mr. Braddon read it to him He says that he had carried his Brother to shew him the place where he assigned that the Razor was found in the Tower he says that after such time as the Writing was finished Mr. Braddon offered it him to sign and he refused to sign it and I asked him the reason why and he says because it was false he says some short time afterwards Mr. Braddon came to him again Will. Edwards No Sir it was the same time L. Ch. Just Well the same time Braddon was at him again and told him there was no harm in it and therefore desired him to sign it and because he would not he would have had his Aunt to have signed it and he says that Braddon telling him there was no harm in it he did sign it Mr. Sol. Gen. But withal he says that it is false L. Ch. Just Ay he swears now 'tis all false Mr. Freke Did you tell Mr. Braddon it was false L. Ch. Just No he says he did not Mr. Freke Did your Sister at all discourse with you after you had dictated to Mr. Braddon Pray what discourse had you with her after Mr. Braddon writ that Paper before you refused to sign it L. Ch. Just Do not ask any leading Question Sir but propose a fair plain Question Mr. Freke Did you discourse with your Sister at all after Mr. Braddon had been at your house Will. Edwards Yes I had been at School and when I came home they said that a Gentleman that came from the Earl of Essex's Brother had been to inquire of the truth of the Report I had raised Mr. Freke What did your Sister say to you Will. Edwards That was all Mr. Sol. Gen. Did she name the Gentleman and did you see him afterwards Will. Edwards Yes Mr. Sol. Gen. Who was it Will. Edwards That Gentleman Mr. Braddon Jury My Lord We don't hear a word he says L. Ch. Just He says he had been at School and when he came home they told him a Gentleman came from the Earl's Brother to inquire of the truth of what he had reported It was asked him who the Gentleman was and he says it was that Gentleman Mr. Braddon Mr. Thompson Before such time as Mr. Braddon came to you what did you tell your Father about this Razor and when Will. Edwards Sir I told him the King and Duke of York were at the Tower and while I was there I said I saw a Hand cast out a bloody Razor
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
a lie I would have you Read the fifth Chapter of the Acts where a man and a woman were struck dead for telling a lie Sir said the Boy 't is true and what I said I will speak it before any Justice of peace in the World And then he asked him what he had reported and the Boy made a Repetition of what he had seen and said before that he went into the Tower and came to the first Row of Houses that goes along And at the first House he saw no body look out at the Window nor at the second House but he looked up at the third House and he took his hand and shewed thus said he I saw a man's hand he did not say but an hand throw a Razor out of this fashion and he imitated it with his hand Said the Gentleman was it not the wrong Window or the wrong House I will not take the thing upon this credit take your other Brother down that was a bigger Boy than this and says he go down to the House and shew your Brother the Window where you saw this The two Boys went down and he shew'd his Brother the place where he saw the hand L. C. J. Were you present at his shewing Mrs. Burt. Will your Lordship please to give me leave L. C. J. And pray give me leave too I ask you Were you present for you tell it as if you knew it your self Mrs. Burt. Both the Boys came up and said so L. C. J. You should have said so then that they told you it for you are upon your Oath and must affirm nothing but your own knowledge Mrs. Burt. If I do misplace my words I cannot help that L. C. J. You misplace your Evidence woman you must not swear that to be true that you don't know to be true Mrs. Burt. My Lord I heard what I say with my own Ears L. C. J. But you talk of a thing you did not see with your own Eyes as if you had seen it Mrs. Burt. I beg your pardon my Lord I can't tell how to place my words so exactly L. C. J. I care not now thou placest thy words tell thy own knowledge Mrs. Burt. I tell what is Truth what I heard and saw for said Mr. Braddon I believe it was not the right window when the Boys came up and said he had shewed the window And this Gentleman I cannot hit his name right he is a stranger to me he and Mr Edwards went down with the Boy to see whether it were the right window of the House where my Lord died which where it is I cannot tell any otherwise than has been reported or whether there be one room or two of a floor I don't know and when he came up again he called for a Sheet of Paper that he might write from the Boys mouth and that he might not differ one word from what the Boy had said himself And when I saw Mr. Braddon begin to write I went away for I thought it may be the Gentleman might expect I should set my hand to it as a Witness and I did not desire any trouble Mr. Braddon I desire this Question may be asked her my Lord do not you remember it was said the Boy denied it Mrs. Burt. Yes it was said The Boy did deny it Mr. Braddon What did his Sister say was the reason of his denying it Mr. Thompson Ay what did you hear the Sister say L C. J. I told you before that was no Evidence what another body did say Mr. Wallop Mistress the Boy denied it for what reason Mrs. Burt. Because his Sister as his mother told me had been talking to him L. C. J. As his mother told you prithee woman speak your own knowledge and not what another body told thee Mrs. Burt. Pray give me leave my Lord. L. C. J. I tell thee I will not give thee leave to say what thou shouldest not say Mrs. Burt. I heard his Sister say L. C. J. It is not Evidence if thou didst hear never so many people say it Mrs. Burt. My Lord I speak nothing but the Truth L. C. J. Shall we allow that in this Case for Evidence that we allow in no other Case for what reason pray I do not see it deserves any such extraordinary favour Mr. J. Withins Mr. Wallop we must not hear what another said that is no party to this Cause You know it is no Evidence therefore doe not press it Mrs. Burt. My Lord I have done if that will satisfy you L. C. J. Prithee satisfy thy self good woman Mrs. Burt. My Lord I have done I come here to speak the Truth and so I do L. C. J. Nay prithee be not so full of Tattle so full of Clack Then a little Girl came into Court. L. C. J. What age is this Girl of How old art thou Child Girl I was thirteen last Saturday L. C. J. Do you know the danger of telling a Lye Girl Yes L. C. J. Why what will become of you if you tell a Lye Girl The Devil will have me L. C. J. Give her her Oath What is thy Name Child Girl Jean Lodeman Then she was Sowrn L. C. J. Child do not be afraid of any thing in the World but only of telling any thing but what is true be sure you do not tell a Lye for if as you say you shall be in danger of Hell-fire by telling a Lye much more will you be in danger if you swear to a Lye Now what do you ask her Mr. Braddon What did you see in the Tower that Morning the Earl of Essex dyed Lodeman I saw a Hand out of a Window but I cannot tell what Window it was but it was a hand throw out a Razour Mr. Braddon And what did you hear after that Lodeman I can't well remember but it was either two shricks or two Groans that I heard presently after L. C. J. What time of the day was it Child Lodeman It was between Nine and Ten of the Clock L. C. J. Who was with you besides your self there Lodeman There were more besides me but they went away L. C. J. Who were they Child Lodeman A great many that I did not know L C. J. And how came you to take notice of it Lodeman And there was a Coach stood just at the door L. C. J. Tell us some of them Child that were there besides thy self speak the truth be not afraid Thou say●st a great many People were there and all the people must necessarily see it Lodeman They were people I did not know L. C. J. But they all saw it as well as you Lodeman So I suppose they did L. C. J. And you heard a shriek or two you say Lodeman Two shrieks or two groans I can't well remember which L. C. J. How high was the Window Lodeman Not above one pair of stairs high L. C. J. How high from the Ground might it be Lodeman Not above one Story Mr. Thompson
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