a surprize amongst his Relations this great surprize would be as pleasing to the Person that withdrew as it would be astonishing to his Friends and therefore it was pretended to be believed by some that Mr. Hawley had privately withdrawn under this Consideration but six Weeks discovered his Person and time may likewise detect those Bloody and Barbarous Men that murthered him They were so very cruel in this Murther that his Face was so changed through violence that it could not be known to be his and there was nothing that did more if any thing did besides discover the Body to be his than his having three Stockings upon one Leg and two Stockings and a Seer-cloath upon the other as for his Cloathes they were stript off and nothing but Stockins and Shooes remaining on when the Body was found L. Certainly that God who requires Blood for Blood and who by this ordered the Discoveries of the Person will in his great Wisdom and Justice by some means or other of which His Wisdom is never to seek in the choice or His Power in the use discover these Instruments of Cruelty that in this Life they may receive their just Reward which is for the most part though sometimes after many years duly paid towards such vile Offenders T. Besides this addition of Blood other violent Methods were used to prevent a discovery by punishing such Soldiers as seemed to disbelieve upon very good grounds my Lord's Self-murther this appears by this Information following viz. Richard Jorden declareth That sometime that Summer the Earl of Essex dyed and not long after the said Earl's Death he saw a Soldier ty'd to the Wooden Horse in the Tower by order of Lieutenant-Collonel Nichols and whipt after a very cruel manner And this Deponent heard the said Lieutenant-Collonel tell the Soldier he ought to be hanged This Deponent further declareth That he was just after informed by the Marshal that whipt the said Soldier That by order of Lieutenant-Collonel Nichols he gave the said Soldier 53 Stripes tho' the usual number was but 12 and that the said Soldier had lain a fortnight before in close custody and been fed only with Bread and Wather and all only for the Offence following viz. Some short time after the Death of the late Earl of Essex a Divine * Dr. H. of Norfolk Prebend of Norwich coming into the Tower the said Soldier was sent with him to shew him the Tower and as the Doctor was almost over against Major Hawley's the Doctor asked the said Soldier which was the Chamber wherein the late Earl of Essex did cut his Throat whereupon the said Soldier pointing to the Chamber in which the Earl had been Prisoner declared That is the Chamber in which it 's said the Earl of Essex cut his Throat The Doctor then asked the Soldier what he did believe to which the Soldier answered That he did believe in God but being prest by the said Doctor to tell him whether he did believe my Lord cut his Throat the said Solder then replied He would not say he did believe it for which only saying the Punishment aforesaid was inflicted L. Such Extravagant Punishments upon so slight Grounds was enough to deter all other Solders from discovering what they knew for if this Soldier for only declaring he would not say he did believe my Lord did cut his Throat was thus barbarously whipt what must such Soldiers expect as should have asserted my Lord was by others murthered and gave their Reasons for such belief by telling what they saw and heard with relation to this Perfidious and Cruel Murther most certain this would have met with if possible worse whipping than Doctor Oates ever suffered or been punished by some private Stab or other destruction to avoid the Matter 's being brought upon the publick Stage G. I do remember Meake is said to have declared the day after my Lord's Murther that many Soldiers were enjoined to secrecy It were well if these would according to their duty appear and declare what they know and by whom they were thus basely commanded to be secret for this Officer could not but believe That whoever gave him Orders to lay that Injunction was privy to the Murther and therefore this Officer was grosly Criminal in being this Instrument to stifle the detection and most certainly are those Soldiers Criminal which shall not now appear and judicially declare what they know to be true so that Justice may have its due course against those most barbarous and vile Offenders For if the time of this bare-faced Cruelty against such Soldiers that knew any thing of this matter and revealed it was a time of silence most certain now the Government joins in the Prosecution is the time to speak and whosoever refuses now to speak becomes not a little Criminal in such his silence L. I have been informed the Father of William Edwards was turned out of his Place for what his Son had said T. That the Father was turned out about nine days after Mr. Braddon's Tryal is very true and this done by special Order under King Charles the Second's own Hand without any cause shown or any reason to be guessed at any other than his Son's Offence L. I do remember at Mr. Braddon's Tryal Mr. Wallop whose Courage and Zeal for the Liberty of the Subject hath been Notorious in the most dangerous times did suggest that the Father thought himself in danger of losing his place from what his Son had declared Whereupon my Lord Chief Justice Jefferies very sharply reproved Mr. Wallop for reflecting in this upon the Government as though the Father should be punished for the Son 's speaking what he knew If the suggesting the danger of the Place was a Reflection upon the Government most certainly the Government did strongly reflect upon its self in turning Old Edwards out and giving no reason for such Dismission which made him conclude and all the World believe that the Father was turned out only for his Son's Relation T. The old Jewish unjust Proverb was here inverted for The Son had eaten sower Grapes and the Father's Teeth were set on edge so that this Transgression in its punishment did directly ascend and the Father answered for the Son's Iniquity or rather for what the then Government falsly called so L. I think every Man 's own Transgression is enough for him to bear T. I shall conclude all with what after my Lord's Death passed as to Webster and Holmes which seems to confirm the Truth of their Guilt in this Matter I shall begin with Webster The very day of my Lord's Death Webster brought home to his House my Lord's Pocket-handkerchief all Bloody and shaked It seeming extreamly overjoyed saying There was the Blood of a Traytor and the very next day pulls out of his Pocket a Purse of Guineas and in great Joy shaked it one of his Neighbours told the Gold and found there was 49 Guineas and a French Pistole
Higher than the highest regardeth Etc. 5 8 He that 〈◊〉 the Eyes shall he not 〈…〉 〈…〉 me from the ground 〈…〉 vagabond shalt thou be 〈…〉 〈…〉 shall he not heare 〈◊〉 Throw him down Murder Murder Murder Put him to the Closâ—â—t Stop his mouth B. the Bed R where the razor was pretended to be found clerv the Closset window st the Close Stole E. the bloody foot an my Lords Stockin c. the only Chink of the Closset door ch the Chimney civ the Chamber window out of which the razor was thrown CD the Chamber door E the Earl of Essex as he was first found by those yt. saw the body before it was pretended to be moued C D Innocency and Truth Vindicated AN ACCOUNT Of what hath been or is ready to be deposed to prove the Most Treacherous and Cruel Murder Of the Right Honourable ARTHUR late Earl of ESSEX With Reflections upon the Evidence and the most material Objections against this Murder discuss'd and answered In a Conference between three Gentlemen concerning the present Inquiry into the Death of that Noble Lord and true Patriot Whoso sheddeth Man's Blood by Man shall his Blood be shed Gen. 9.6 For Blood it defileth the Land and the Land cannot be cleansed of the Blood that is shed therein but by the Blood of him that shed it Numb 35.33 Magna est Veritas praevalebat Printed in the Year MDCLXXXIX To the Right Honourable the LORDS of the late COMMITTEE appointed to examine into the Death of that Noble LORD and True PATRIOT ARTHUR late EARL of ESSEX My LORDS COuld I have manag'd the Evidence in Proof of the Murder of this Honourable Lord with that strength and efficacy they are capable of nothing would more plainly have appeared to the impartial Reader than this to me great Truth viz. That the Right Honourable Arthur late Earl of Essex was most Treacherously and Barbarously Murdered But such as it is I do with all Humility cast it at your Lordships Feet to whose great Judgments I shall with intire resignation submit My Lords Having long known and been lately much conversant with Mr. Braddon I have had often Opportunities of discoursing almost every Witness in this Case examined and such as I my self have not spoke with I have from him been informed what such have declared And though the Account I have here given of what these have related which have been examined before your Lordships be more large and particular than their Depositions because I have had repeated Opportunities of hearing their Relations yet if themselves say true nothing in these Papers is contradictory to or inconsistent with what they have deposed before your Lordships My Lords In the Account at large I have first stated the Case as to the pretended Self-Murder as it was and is endeavoured to be proved by those immediately attending on my Lord and then I have divided the Proofs for this Murder into three General Heads as they have relation to Time Whether First Before the Day of my Lord's Death Secondly The Day of his Death Thirdly Subsequent to the Day of his Death And after every Proof I have raised all such Objections I could in Conversation ever meet with or my self could object which carried the least colour of Argument against such Evidence and the Solutions with all humility are submitted to your Lordships Censures In the Abstract I have observed this Order First I have stated the Case as represented and sworn by those that would prove the Self-Murder and then detected the Falsity of every Part of those Relations After which I have briefly considered the other Proofs in the same Order of Time as the Discourse at large My Lords Several things here mentioned have not as yet been before your Lordships some of these Relations having not been known to Mr. Braddon before your Lordships Committee was dissolved But these after-Testimonies and some other things not here taken notice of will be brought before your Lordships as soon as your Lordships shall think fit to move that those Depositions and Examinations now sealed up may be taken out of the House by your Lordships and to those added such other Testimonies as have been taken before several Justices since the Report made or are ready to be taken and then that as well such as are now sealed up as those others which have been or shall be deposed may be reported by your Lordships in such Method as to your Lordships great Wisdom shall seem most meet After which I doubt not but all your Lordships and the whole World will be convinced of that Truth which the Interest of so many have industriously endeavoured to stifle But there is no Power of Earth and Hell when conjoined can make that Thing never to have been which was And therefore if my Lord was treacherously and barbarously murdered no Interest or Strength what-ever can make him a Self-murderer Truth may be destroyed in its Credit but never in its Being and the Measures that have been taken to discredit the Proof of this Murder have been sufficiently detected as false which hath not a little increased the Credibility of that which those Counter-Evidences would have rendered incredible and false My Lords No two Truths in Nature are inconsistent for then a Thing would be and not be at the same time wherefore when Men would subvert the belief of a Truth they do raise some Falshood which stands in opposition to such Truth but if once this Falshood appears in its true Colour then doth it give stronger credit to that Truth which before it was designed to prejudice My Lords every Man's Defence virtually concludes If my Defence be false my Charge is true This Conclusion the Law makes in all Civil Actions and it 's according to the Reason of the Thing For all Men presume that every Man accused will make use of the best Arguments especially in Matters of Fact he can for his Defence and if those appear false he falls under a Self-Condemnation My Lords tho this Discourse is printed it 's not published nor above 200 printed as is ready to be proved neither will one of these be communicated to any if your Lordships shall so order it for all are kept till Mr. Braddon receives your Lordships Commands as to their disposal My Lords I could wish I had not been so large in this Discourse seeing your Lordships whole time is so ingrossed by the Publick that I fear the State can scarce allow your Lordships any hours of perusal My Lords tho I can't but humbly beseech your Lordships Pardon for this Presumption yet I could not without being guilty of the greatest Injustice any otherwise dedicate this Discourse seeing what hath been already discovered is chiefly owing to your Lordships unwearied Diligence in those many Committees in which your Lordships have so often sat in search of a Truth which the Impenitency of some and the industrious Interest of others have strongly opposed But maugre
of what hath been materially deposed to prove that unfortunate Lord villanously murdered and further I have several Informations taken to strengthen my Lord's Evidence in Answer to those Depositions on the behalf of the Prisoner Of all which I have had an Opportunity to take Copies by being daily conversant with that Gentleman whose Misfortunes have made him of all Men the best acquainted with this Case Sir there is hardly a Witness herein sworn but what I have discoursed neither do I believe there is any Objection can be raised against the Proof of my Lord 's being murdered but what I can sufficiently Answer All which your Authority shall command from me who rejoyce in this Occasion of serving you But I question whether it may not be thought a divulging of what a Secret Committee hath had under Examination and ought still to be kept private L. You can't but know that this Secret Committee is dissolved by the Reports being made to the House where the Depositions having been read it can no longer be thought a Secret And it being for the Interest of the Kingdom it should be published if there be any Evidence to prove this Murder I can't imagine how your communicating this matter can in the least prejudice this Cause the just Success whereof no Man living can desire with greater impatience than my self who shall its probable by your now-Assistance be able to stop the Mouths of those Gainsayers which not so much out of Malice as Misinformation seem totally to disbelieve this matter of which number Mr. O. of Grays-Inn our Friend and old Acquaintance is one he did appoint to be here precisely at this time He is now come A Grays-In Gent. Gentlemen your most humble Servant T. Sir We are both cordially yours and rejoyce you are thus opportunely come G. I hope my Company doth not hinder private Business if so I will leave you till such your Discourse is ended and then shall esteem my self happy in the Injoyment of both your good Companies T. Sir the Business we are upon you are free to hear and I do very much rejoyce in this Opportunity of making you a Convert G. In what pray Sir for if I am in any Error I hope I am not thereto so wedded but upon good Cause shewn shall readily sue a Divorce and thank you heartily for my Conviction L. This Gentleman is about giving such Reasons as will convince not me for I do already believe it but you That the late Earl of Essex was treacherously and villanously murdered G. Pish there is not the least ground for such a Belief neither hath there been any colour of Evidence for it produced to the Lords Moreover all my Lord's Relations are so firmly possessed with the Belief that the late Earl of Essex did indeed cut his own Throat that neither of them hath thought fit in the least to move in this matter but all of them wish that this Cause had never been revived because it renews the Remembrance of that sad and deplorable Accident which hath been so great a Misfortune to that Honourable Family T. Sir I perceive you have been abused in every part of your Information for your Author scarce told you one Word of Truth As for the Families not appearing in but being very averse to this Prosecution I do assure you Sir this is far from being true for no Gentleman could shew more Honour and greater Zeal in a Cause than the Right Honourable Sir Henry Capel the late Earl's only Brother hath done in this and caused some to be taken up for endeavouring to abuse the World with the Belief that he had not engaged in this matter The now Earl of Essex was not returned from his Travels when this Prosecution was renewed but as soon as he came his Lordship approved of what was done and hath been at the Charge of this Prosecution in which you may believe there hath been no small Expence there having been in this Cause such a number of Witnesses examined and so many several Committees And whereas you say there was not the least Colour of Evidence produced to the Lords Did you ever hear what Persons were sworn before their Lordships and after examined by this Honourable Committee G. Not in every particular but in part I have and in general have been informed That the Witnesses produced by that Gentleman who pretended to prove it were looked upon as altogether insufficient for that end and therefore the House of Lords upon reading the Informations in this Case taken by the Committee immediately rejected them as frivolous thereupon ordering that all such as had been taken up as suspected concerned in this pretended Murder should be discharged T. I perceive in this also you have been misinformed as to both particulars for the House of Lords upon reading what was taken by the Honourable Lords of this Committee neither rejected the Evidence as insufficient nor ordered the discharge of such as in this case were taken up but the Depositions being read before the House when three of the four Honourable Lords of this Committee were out of Town viz. the Earl of Devon the Earl of Monmouth and Lord Delamere the Earl of Bedford being the first in this Committee the House ordered all those Depositions and Examinations to be sealed up and kept by the Clerk of the Parliament till these three Lords returned and in the mean time the farther Debate hereupon to be suspended To prove all which pray Sir read this Order made Die Jovis 23o. Maii 1689. Die Jovii 230. Maii. 1689. After reading several Papers and Depositions relating to the death of the late Earl of Essex It is Ordered by the Lords Spiritual and Temporal in Parliament Assembled that the Consideration of this business shall be suspended until the return of the Lord Steward the Earl of Monmouth and the Lord Delamere who were of the Committee before whom they were made and who are now in the Country in His Majesties Service And its further Ordered that the said Depositions and Papers shall be Sealed up and kept by the Clerk of the Parliament in the mean time G. Then I find my Information in this Particular false T. As to the Second That the Lords have not ordered the discharge of such as were in this Case apprehended but contrarywise that all these should be bound over by the Court of Kings Bench to appear the first day of the next Term appears by an Order of the House of Lords made the 15o. June 1689. which you may read if you please Die Sabati 15o. Junii 1689. Ordered by the Lords Spiritual and Temporal in Parliament Assembled that such Persons as are now under Bayl by Recognizance concerning the death of the late Earl of Essex shall be by the Court of Kings Bench bound over to appear the first day of Michaelmas Term next G. I thank you Sir for your Information herein and it s very probable those who gave me such
man speaks of an action to be done about such a Year Month or Week certainly in common acceptation about a Year includes either the very Year or the Year before or after and about such a Month either the very Month or the Month before or after c. G. I am herein satisfied now this Information of D. S. thus strengthened would alone convince me of the truth of my Lords being Murdered were it not that I had heard some Informations read in the Court of King's Bench upon a Motion made for the Bailing of Mr. Holmes which with me and indeed with all men must totally destroy the Credit of this pretended Consult If I mistake not those Informations proved this D. S. for suspition of Theft to have been turned out of Mr. Holmes's Service in April before my Lords Death whereas she Swears her self a Servant with Holmes at the time of my Lords Death which was July the 13th I remember not the Names of these Deponents but I am almost possitive this was what was sworn and if I mistake not there was somewhat else deposed by a Countrey Parson which in some other particulars contradicted D. S's Information T. I will herein arm you against my self and produce you Copies of these Informations you speak of The first is of one Dorothy Hewit Sister in Law to Mr. Holmes a very violent Papist and otherwise not of the best Reputation The second is of one Elizabeth Christopher once reputed of a very loose Character And the third of Nathaniel Swan Clerk to whose Character I shall speak in a more proper time and place These are the names of the Informants and here are the Informations which you may read if you please G. Dorothy Hewit of Hatton-Garden in the County of Middlesex Widdow maketh Oath That one Dorothy now called by the name of Dorothy Smith was Servant to William Holmes of Baldwins Gardens in the County of Middlesex Varnisher and Brother-in-Law to this Deponent and lived with the said William Holmes as his Maid Servant about the space of a Month and went away from the said Service in the Month of April ☞ in the Year of our Lord 1683 and was turn'd away upon suspition of Stealing a Silver Spoon for which the said William Holmes's Wife refused to pay her any Wages and after a long dispute the said Mr. Holmes did detain 4 s. and 6 d. or 5 s. for satisfaction of the said Spoon upon which the said D. in the presence and hearing of this Deponent did give the said Mrs. Holmes very opprobrious Language and declared that she would be reveng'd of her or words to that effect And about Two or Three days after the said Dorothy was turned away as aforesaid one Elizabeth Cadman came into her place and lived with the said William Holmes for the space of Nine Months and upwards And this Deponant further maketh Oath that the 6th day of July in the said Year of our Lord ☞ 1683 this Deponent went with the said William Holmes from the said William Holmes's House into the Country and went that day to Wickam in the County of Bucks and the next day went to the City of Oxford where this Deponent and the said William Holmes continued till the 9th day of the said July and the said 9th day this Deponent and the said William Holmes went from thence to Alderminster in the County of Worcester to the house of one Mr. Nathaniel Swan Minister of the said Town and continued there till the 23d day of the said Month of July and then returned towards London and came to London the Six or Seven and Twentieth of the said Month of July 1683. Elizabeth Christopher late Elizabeth Cadman now Wife of John Christopher of Winford Street near White-Chappel Clothworker maketh Oath That she this Deponent was Servant to and lived with William Holmes Varnisher from the Month of April ☜ in the Year of our Lord 1683 which said Mr. Holmes then lived in Baldwins Gardens in the County of Middlesex and is now a Prisoner in the Gaol of Newgate and that this Deponent continued his Servant as aforesaid and lived in his House from the said Month of April for the space of Nine Months and upwards then next following and that there was not in that time any other Female Servant living with the said Mr. Holmes And this Deponent farther maketh Oath That the said Mr. Holmes in or about the beginning of the Month of July then next following did go into the Country with Mrs. Dorothy Hewit Widdow his Wives Sister and continued absent for about Three Weeks and she this Deponent hath heard the said Mr. Holmes his Wife and Sister declare that they went into Worcestershire and in their absence this Deponent did hear of the Death of the late Earl of Essex in the Tower of London Nathaniel Swan of Alderminster in the County of Worcester Clerk maketh Oath ☞ That about the 9th day of July in the Year of our Lord 1683 William Holmes of Baldwin's Gardens in the County of Middlesex Varnisher now a Prisoner in Newgate London with and in the Company of Dorothy Hewit of Hatton Garden in the said County of Middlesex Widdow Sister-in-Law to the said William Holmes and Grand-daughter to this Deponent came to this Deponents House in the said Town of Alderminster and continued there with this Deponent till about the Three and Twentieth day of the said Month of July 1683 and then departed thence towards London G. What can you say in Contradiction to these Depositions either of which being true your pretended Consult falls down to the ground and your first Evidence proved false Of the same nature are I believe all the rest though they may not be so happily detected as this Smiths Evidence is by these Depositions L. I believe these Depositions will be of but little service to you because your Adversary did so readily furnish you with them I am therefore apt to think he may be able to destroy the credit of these as these seem to do the credit of Smiths And if it shall appear that these Informations are false such a detection will add great force to the credibility of Dorothy Smiths Deposition for whosoever flies to Lyes for a Defence hath nothing of truth and innocence for protection G. I must confess there cannot be a greater Argument of Guilt than a false defence seeing every man in his defence doth virtually conclude If my Defence be false my Charge is true L. The Law concludes the same in all Civil Actions for instance he that is sued upon a Bond and Pleads non est factum or solvit ad diem or a Release or a former Recovery c. Whatsoever such general Issuable Plea is pleaded and the Plaintiff denies this Plea to be true and thereupon the truth hereof being tryed if what is pleaded appears false the Law immediately gives Judgment against the Defendant for it s to be supposed
to Russel's Information and at the same time give Credit to Monday who declared my Lord had the Razor by seven of the Clock two hours before Russel came up to stand Warder at my Lord's Chamber Door L. These Three are of equal Credit and consequently you have as much reason to believe Bomeny as Russel and Monday deserves equal Credit with either of the Former But all can't be credited neither can Bomeny's Contradictions be reconciled or can one of these be thought true without giving the Lie to the other two therefore upon the whole Matter you can't reasonably believe there was any Razor at all delivered G. I find all three in the main agree that my Lord had a Razor delivered him to pair his Nails and their Contradiction is only in point of Time. T. 'T is true it 's a Circumstantial Contradiction in point of Time and the Contradiction of the two Elders in the History of Susanna was a Circumstantial contradiction in point of Place for the first swore they took Susanna in Adultery under a Mastick Tree and the second under an Holm Tree Both these agreed in the main as you call it Viz. that they found her in Adultery But by this contradiction as to the Place where Daniel convinced all then present that these two Elders were perjur'd in their Evidence and consequently Susanna Innocent of her Charge and thereupon these Two Accusers justly suffered what by Perjury they would have unjustly caused to be inflicted upon the Innocent Did you ever hear any deny Daniel's Wisdom in this Detection or arraign his Justice in the punishment those two false Accusers thereupon suffered G. I must confess these Contradictions look as tho neither was true for Truth would have been the same to all T. Besides you find all three agree in this That my Lord pared his Nails with the Razor which appears to be false by this Information which I desire you to read G. John Kettlebeater one of the Jury upon the late Earl of Essex sweareth That the Nails on the Fingers and Feet of the said Earl were very long and not scraped or pared as he could discern L. Being proved perjur'd in one Part believed in Nothing T. Whereas it was sworn and declared by all that my Lord's Body was locked into the Closet I will now suppose that Bomeny Russel and Monday were to answer as to the opening this Door according to their former Informations and you will find their Contradictions as to this as gross as the former Bomeny first appears Jury Mr. Bomeny Was my Lord's Body locked into the Closet when he was first found dead Bomeny Yes Jury Who opened the Door Bomeny When I had knocked at the Closet Door my Lord not answering ☜ I did open the Door and there saw my Lord lying along in his Blood and the Razor by him and I then call'd the Warders This according to his first Information taken as before by the Coroner About an hour after this the Jury do again examine him as to this Point and he answering according to the Information which as before he writ in the Room next the Jury and then you will find it as followeth Jury Mr. Bomeny Did you first open the Closet Door upon my Lord's Body Bomeny No I did not but Russel did ☜ for after I had knocked at the Door thrice calling my Lord my Lord not answering I took up the Hangings and peeping thro' a Chink I saw Blood and part of the Razor whereupon I called the Warder Russel and the said Russel pushed the Door open T. At Mr. Braddon's Trial Bomeny being ask'd Who did first open the Door upon Oath answered He knew not who opened the Door L. Here Bomeny is twice against himself first he swears that he himself opened this Door before he called either of the Warders Secondly swears that he did not first open the Door but Russel pushed it open and thirdly deposeth that he knew not who opened the Door T. I desire the other two viz. Russel and Monday may in this particular answer and then compare them altogether Jury Mr. Russel Did you find the Closet-Door locked upon my Lord's Body Russel Yes Jury Who first opened this Closet-Door Russel When Bomeny saw my Lord's Body through the Chink he cried out My Lord was fallen down sick whereupon I went to the Closet-Door and opened it the Key being on the outside T. Here Russel makes no difficulty in opening the Door But observe Monday's Answer Russel withdraws and Monday is called Jury Mr. Monday where were you when my Lord was first found dead Monday I was standing at the foot of my Lord's Stairs and hearing a great Noise of my Lord's Death I ran up Stairs and found Bomeny and Russel endeavouring to open the Door but the Body being so close and strong against the Door neither could Jury Who then opened the Door Monday I being much stronger than either of these two put my Shoulders against the Door and pushing with all my Might I broke it open L. Upon the whole matter I find first Bomeny opened the Door before he called either of the Warders according to Bomeny's first Information taken as before by the Coroner and secondly that he did not open the Door for Russel opened it according to Bomeny's second Information which himself writ and Russel's Deposition And thirdly that neither Bomeny nor Russel could open the Door because the Body lay so close against it and so Monday broke it open This according to Monday's account of the Matter T. Which of these three do you believe G. Their Contradictions being such I can believe neither 〈◊〉 conclude this is a contrived Story throughout and yet so ill laid together as I never saw a worse-made Story in all my Life L. So gross Contradictions in so short a Relation I never yet met with G. 'T is very much they should so thwart each other had they agreed upon a Story and yet it 's more improbable they should so differ had they designed to reveal the Truth for the true Relation of a Fact is still the same whereas false Relations are almost infinite but these three are the greatest Fools I ever heard of in not laying their Story better together T. I have often heard a very ingenuous Gentleman say that God in Mercy to Mankind allotted such an Allay of the Fool to every Knave that the Fool hangs the Knave up half way L. It 's indeed a Mercy that the Knave and the Fool go together for were it not for the latter the former would do much more Mischief G. It was a common saying of Sir H. B. That no Man was known to be a Knave but he that was a Fool. T. If you don't believe the Closet-door was locked upon my Lord you can't believe this was sworn for any other end but to stifle the Truth and consequently to hinder the true Discovery of the manner of my Lord's Death G. As I can't
Case and as I have heard Mr. Braddon offered a confiderable Reward to Mrs. Holland and a Friend of Holland's to prevail with Holland to come in and take upon him this villanous Crime This if true was a very foul practice T. Yea if true it had been villanous and had deserved before God as great Punishment as the Murderers themselves For as in the Old Law Deut. 19.16 c. If any false Witness rise up against his Neighbour the Person forsworn when detected to be so was to receive the same Punishment the Man accused should have undergone in case the Charge had been true whether Tooth for Tooth or Life for Life c. This Law hath an innate universal Reason and it were not amiss if the same were with us enacted Now as the Witness himself doth deserve this Punishment the like in Foro Conscientiae doth the Suborner For if in our Law he that hireth another to poison stab or any other ways to murder a Man is justly esteemed Accessory before the Fact and shall undergo the same Capital Punishment the Principal shall suffer So do I think it reasonable that whosoever suborns a Person to take away the Life of any is before God guilty of the Murder of the Person accused equally with him that commits the Perjury and both are indeed according to the universal Reason of the Thing guilty of a more heinous Murder than he that cuts another's Throat seeing in this he corrupts Justice and by Perjury makes Justice which by God is designed and by Man used as a protection to the Innocent a Means to destroy whom in its own Nature it should acquit and protect If that Physician who to destroy his Patient maliciously poisons his Physick designed by Nature for the preservation of the natural Man deserves the worst sort of Death because he becomes so vilely treacherous how much more heinously criminal is he who by Subornation or Perjury corrupts Justice which Heaven enacted and Mankind flies to for a Security to the Moral Man. Wherefore with you I should concur in this Particular that Mr. Braddon deserves the worst Death could be contrived were he guilty of this indeed False and Malicious Charge But the truth of the Case I can in great part attest which is this viz. Mr. Braddon having some reason to believe Holland one of the Ruffians he did use all means possible for his Apprehension but he found that Holland lay very private and as he had reason to believe designed to fly beyond-Seas as his own Letter before-mentioned declared hereupon Mr. Braddon applied himself to some of Holland's Acquaintance and by them being brought to Mrs. Holland Mr. Braddon told her That he had reason to believe her Husband was concerned in this villanous Murder and herein he was confirmed by Mr. Holland's absconding for Innocence desires a Trial but Guilt still flies from Justice Mr. Braddon then told her That if her Husband were really guilty of this Fact and would immediately surrender himself ingenuously declaring how by whom and with whom and for what hired to do this barbarous Murder her Husband would have a general Pardon and both him and her provided for But if her Husband was innocent nothwithstanding whatsoever was said to the contrary and should take upon him a Crime for any advantage whatsoever of which he was not guilty he did deserve to be hanged here and damned hereafter seeing by his Perjury he would make Justice an Instrument of executing the worst of Murders But if he were indeed the Man and should surrender himself and discover the whole matter he must be sure to keep within the limits of Truth for should he be detected in the least Perjury no Man was more vigorously prosecuted nor any more severely punished than he for such his Perjury must expect to suffer These were the Arguments with which Mr. Braddon would have suborned as that Letter calls it Holland to a full Discovery and I do appeal to all the World whether admitting this to be true as it will be proved when occasion serves Mr. Braddon deserves this Villanous Charge for the Truth of this I do on Mr. Braddon's behalf appeal to the Consciences of Mrs. H. Mr. P. and Mr. S. with whom Mr. Braddon several times treated in this Affair G. If the Case were as you have represented it Mr. Braddon did nothing herein but what was consistent with a good Conscience and for which he deserves not the least Censure If I mistake not you said Holland did also go to others for a Supply as well as my Lord Sunderland Pray who were these T. Pardon me Sir if I name them not you will hear of them in convenient time G. Sir pardon the Question if the Answer be a secret T. It is enough that I give you Satisfaction in the General and I defire not to be press'd to answer all Particulars for it may not be proper G. I desire to know nothing which may either prejudice you to reveal or the thing it self by being revealed but esteem it as a great Favour you have been already so large and particular in the Discourse which hath given me great Satisfaction and will convince such as shall hear it from me L. A Convert G. Sir a Convert to Truth I rejoyce in being tho at the same time it 's not only mine but every good Man's Duty to grieve for these ill Men who are any ways concerned in this Villany especially considering to whom this looks related L. We see how it looks related ad Hominem and ad Rem and we are very glad this Author hath Abdicated and his Design is frustrated His Highness hereby thought to have made one great step towards the Accomplishment of what Heaven in Mercy hath delivered us from I think we can never for this be grateful enough either to God the chief Author or to our Soveraign his Instrument and those Right Noble and truly worthy Lords and Gentlemen that to the hazard of Persons and Estates embarqued on this Glorious Design which Heaven to a Miracle blessed with such a sudden and as to the manner without Blood unexpected Success T. But to return to the Jury from whence we digressed in pursuit of Holland and the Instrument of Death And to the second Particular viz. Hawley's unfair Practice with relation to the Jury to corrupt them into a belief of the pretended self-Murder Mr. Fisher did then further declare that he had been informed my Lord of Essex was a very pious good Gentleman to which Bomeny answered My Lord was indeed a very pious good Man upon which Fisher reply'd it was then very improbable he should be guilty of this the worst of Actions Major Hawley perceiving that the Jury were like to be infiuenced with my Lord 's true Character for such indeed his Lordship was as he was to Fisher represented and thereby made believe that my Lord did not cut his one Throat 〈◊〉 to what Major Hawley may be
How can this Reverend Doctor now give the least dram of Credit to this persidious Fellow G. Sir I do assure you I shall as in Justice bound do the Memory of this Honourable but unfortunate Lord what Justice lies within my Power and in particular shall endeavour rightly to inform this Learned Doctor with the whole State of the Case and if once he be convinced as he can't but be if he believe what is herein Sworn and so strongly confirm'd his belief will soon draw many Proselytes But I do admire Mr. Billingsly this unfortunate Lord's Steward should seem to disbelieve it T. This Gentleman of whom you now speak hath great reason from what himself knows to believe my Lord was Murdered G. What Reason in particular I pray Sir T. From what Bomeny told this Gentleman he might safely draw that Conclusion for Mr. B. the Sunday or Monday after my Lords Death asking Bomeny how long my Lord lay Dead before he was known to be Dead he declared above two hours upon which Mr. Billingsly as he justly might was very angry with Bomeny for leaving my Lord so long alone Now by comparing this Relation to what was Sworn he must have found it a point-blank Contradiction for Russell deposed it was not half an hour from the time of the Razor 's being delivered by Bomeny to the time of their finding my Lord Dead in his Closet so the one Swore it was not half an hour and the other said that it was above two hours and this declared within two days after the Fact and so may be supposed to be fresh in his Memory it 's plain that one of these two was false in his Information and seeing these Mens Ralations were to acquit themselves as well as charge my Lord it might be reasonably concluded that both were false and all forged as it now plainly appears by comparing these Mens Relations so full of Contradictions together G. I have Reason to believe That the Right Honourable the Countess Dowager of Essex hath been extreamly deceived by what this Mr. Billingsly informed her Honour for I have been told that this Gentleman pretended to the Countess that the very Night before my Lord's Death he being with his Lord his Lordship seemed extreamly disordered in his Mind and he took the more notice of it by his commanding him to sit down and drink a Glass of Wine with him which made Billingsly believe his Lordship was somewhat crazed and therefore he was inclined to think what he was sorry to say viz. That my Lord committed that Violence on himself If this report be false Mr. B. ought to vindicate himself and therein clear his Lord from this Suspicion of being delirious T. Sir I have little reason to give Credit to what this Steward saith seeing as I was informed by one of the Family he made Oath before my Lord Sunderland That he did believe my Lord did destroy himself whether this be true I know not but of this I am very well assured That this Mr. Billingsly tho he hath got so many thousands by this Family would not in the least engage with Mr. Braddon in this Prosecution nay at last was so far from it that he did refuse to see Mr. Braddon pretending that he did believe Mr. Braddon was a Court-Engin used by the Court for the further Ruin of that Honourable Family whose Misfortunes were before greater than could well be born so that the Court might have a farther opportunity to Prosecute and Ruin the Survivors of his Unfortunate Lord. This was the Substance of this Gentleman's Suggestion L. For this Suggestion Mr. Billingsly had not the least Colour and I do believe this he declared only to avoid being thought backward in that Prosecution which the highest degree of both Justice and Gratitude obliged him to engage in Tho this Mr. Billingsly by this Honourable Family had well feathered his Nest his Gratitude was not such as in Service to the Memory of his Murdered Lord and his Honourable Relations then surviving to hazard any part of the Estate he had got under them and that he might not be thought ingrateful he buried his Ingratitude in the Blood of his Lord by false disingenuous and base Insinuations T. If Mr. Braddon was the late Courts Instrument I am sure he was very ingratefully served to be so violently Prosecuted unjustly Convicted and Sentenced to his perpetual Imprisonment for such would it have been to him had it not been for this providential Deliverance L. There are a sort of People ingrateful as they are that will Sacrifice the Honour of their greatest Benefactors rather than themselves should be thought ingrateful And of this sort are many that have been preferred by this Great but Unfortunate Lord for I have heard of few that were imployed under him that would heretofore in the least seem to countenance this Prosecution But I think my self bound in Justice to vindicate one in particular from being thought ingrateful to the Memory of his Murdered Lord. The Gentleman I now speak of is one Mr. E. who in the worst of times hath gratefully endeavoured to rescue the Honour of his Lord from falling under this false Imputation of Self-murder and as I have heard Mr. Braddon often declare was very ready to assist him in any thing when this Murder was first Prosecuted T. Your naming this Honest Gentleman puts me in mind of one particular which I have heard him often aver the Truth whereof I do not doubt and this Truth seems to destroy that great Objection That my Lord was afraid he should according to his pretended Guilt be brought to Condign Punishment for the avoiding whereof he laid violent Hands on himself this was as before observed often in effect said at my Lord Russell's Tryal and likewise at several other times The Story is this When my Lord Shaftsbury my Lord Howard c. were last Committed this Gentleman â—â—e of General Conversation having heard the Court designed likewise to Commit my Lord of Essex and to take off many in form of Law or rather that which they falsely called so went to his Lordship and informed him of what he had been told and humbly submitted it to his Lordship's Judgment whether it were not proper for some time to withdraw till the Fury of the Court by time was a little appeased this Gentleman told his Lordship He found by the Papists that they did design to destroy several and his Lordship being to their Arbitary and Popish Designs as great and profest an Enemy as any he did fear his Lordship might not be safe from their pretended Justice when within their Power My Lord hereupon smiled and said very sedately and yet very resolutely That he would not stir tho he did expect the Court would proceed very far not only to the Imprisoning but against the Lives of many and if God in his Providence should think fit to suffer him to fall a Sacrifice to the Rage and
and as they came they smiled and to the best of this Informant's hearing and remembrance said The Business was done upon which His Highness seemed very well pleased and then went to His Majesty to whom the news was immediately brought That the Earl of Essex had cut his Throat Lloyd the Centinel at my Lord's Door the day my Lord dyed till the 21st of January last did deny the letting in of any men and Russel and Monday still deny it but now Lloyd doth confess That just before my Lord's Death two or three Men by Major Hawley's special Order were let in and immediately he heard them as he did suppose they were go up stairs into my Lord's Room where there was a very great bustle and stir so great that this Centinel declared he would have forced after them had not the first Door been made fast upon the bustle he heard somewhat thrown down like the fall of a Man which he did suppose was my Lord's Body soon after which it was cryed out My Lord of Essex hath out his Throat Here is not only these mens going in but a great bustle confessed immediately thereupon to ensue in my Lord's Room and the Body of a Man in this bustle to be thrown down this is in a Close Prisoner's Room where no one is admitted but his Servant and those that kept the Door deny'd upon Oath that any were in my Lord's Chamber that Morning my Lord died before his death But these Warders being supposed privy to the Fact would not own the admitting of those Men which themselves let in with such a murtherous Design and it is to be presumed that this Centinel was not a stranger to the matter but enjoined to secrecy for otherwise he would never have declared to a Friend under a repeated request of secrecy that this Confession as before laid upon his Conscience and troubled him night and day for tho' it was indeed very true that he did let in these Men it was what he should not have confessed This Confirmation to his Acquaintance under a great and repeated injunction of secrecy argues first That this Confession was indeed true And Secondly That there is some cursed Confederacy it's probable by Oath entred into to stifle this Murther for what other probable Reason can be assigned for that trouble of Conscience in this Confession ☜ seeing himself at the same declared it was true tho' he should not have said it There are some other Arguments that this Sentinel was particeps Crimines in the Privity first his Retraction in part of what he did confess for upon his being first apprehended he owned the throwing out of the Razor before my Lord's death was known but he now retracts and disowns it Another Instance of his Privity is his now prevaricating in his now pretending that these men were let in an hour or more before my Lord's death whereas at first he declared they were let in immediately before my Lord's death for as soon as let in he heard several go up stairs into my Lord's Room and heard the bustle c. as before A third Argument of this Centinel's Privity is his not declaring the whole Truth which he must know for one at a greater distance that saw these Russians as they were bustling with my Lord and heard the bustle did likewise hear one of these in the bustle as it seemed to be and therefore presumed to be my Lord cry out very loud and very dolefully Murther murther murther The Centinel who could hear the trampling or indeed the very walking in my Lord's Chamber could not but hear this Murther so loud and often repeated It appears by five Cuts in my Lord 's Right Hand viz. two upon his Fore-finger ☞ one upon upon the Fourth Finger another on the Little Finge and the fifth about two Inches long in the Palm of his Right Hand that his Lordship in this bustle made great resistance for these Cuts can be supposed to be done no otherwise than by endeavouring to put off the Cruel Instrument of his Death The next thing that I should observe which happened the day my Lord dy'd and gives us reason to believe the Murther is the Irregularities committed upon the Body before the Jury saw the Body the Body was stript and washed and the Room and Closet washed and my Lord's Cloathes carried away tho' all men know the Body should have remained in its first posture till the Coroner's Jury had seen the Body Sir T. R. as himself saith declared to the Lords That the Body was not stirred from its first posture till the next morning about Ten of the Clock to this Sir Thomas hath not sworn for he was not sworn before the Lords and it s well he hath not ☞ for herein he is so much mistaken that the contrary can be proved by almost twenty Witnesses Had the Body remained in its first posture by my Lord's Cravat's being cut in three parts the Jury would have plainly seen that his Lordship could not so do it with the Razor and then secondly they would have perceived the print of a bloody Foot upon my Lord ☞ as he lay in the Closet by which it appeared some one had been with the Body in the Closet and several other Material Circumstances might have been discovered which by the total illegal alteration of the Circumstances of the Body c. were destroyed About Three of the Clock in the Afternoon that day my Lord died some of those bloody Men who had been at the Consult met at Homes's House and one of them leaped about the Room as overjoyed and as the Master of the House came into the Room he strikes him upon the Back and cry'd the Feat was done or we have done the Feat upon which the Master said is the Earls Throat cut to which the other replied Yes and farther said he could not but laugh to think how like a Fool the Earl of Essex looked when they came to cut his Throat To destroy the Testimony of this D. S. Homes hath produced Two Witnesses who by many Witnesses appear to be forsworn in every part of their Depositions His Defence being false his Charge therefore may be concluded true Thirdly and Lastly What past after the day of my Lord's Death That very Morning several Soldiers which were presumed able to discover what was material with relation to my Lord's Death were called together as M. then said and enjoined to secrecy under very severe Penalties About Ten of the Clock in the Morning the next day after my Lord's Death the Jury met and were surprized to see all the Circumstances of my Lord's Body changed from what was first discovered After the Jury had seen the Naked Body at Hawleys the Coroner adjourned them to a Victualling-House in the Tower when one of the Jury demanded a sight of the Cloathes but the Coroner was immediately called into the next Room from which returning to the Jury