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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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his Clyent according to my instructions L. C. J. Yes you are so and shall know that you are under the Correction of the Court too Mr. Wallop My Lord I know where I am L. C. J. Ay you know well enough but you would do well to carry your self as you should do Mr. Wallop With humble submission my Lord I appeal to all that hear me L. C. J. Appeal to whom you will I know the business of the Barr is to appeal to the Court. Mr. J. Withins What is the matter with Mr. Wallop that makes him so earnest in this Cause L. C. J. There is such an heat in this Cause I wonder whence it should come I am sure 't is not from the honesty of it Mr. Braddon Young Mrs. Edwards if I suffer any thing by reason of the falsity of your Testimony it will return upon you Sarah Edwards Sir I do tell you all I know Mr. Braddon Then I desire you to answer me this Question whether or no when the Boy did own what he first said and I asked him the reason of his denyal whether the falsity of the thing or fear caused him to deny it did not he say it was fear through your discouragements and threatnings Sarah Edwards No he did not say it did he Mother L. C. J. Why we are got into a way of appealing and appealing here is appealing to the people and appealing to the Witness pray keep to the business and within the bounds of decency Before such time as the Boy denyed it did you desire him to speak truth Sarah Edwards Yes I did Mr. Thompson And when Mr. Braddon Examined him did he desire him to speak truth Sarah Edwards Yes he did L. C. J. But he knew before he Examined him that he had denyed it did not he Sarah Edwards Yes the Second time before he came into the House Mr. Braddon I desire the old Gentleman may be asked this Question Mr. Thompson Call Mr. Edwards again L. C. J. The Spirit of the Clyent was got into the Counsell I think just now and now 't is got into the Clyent again 'T is an hard matter to Lay it I perceive Mr. Wallop My Lord I am here of Counsell for Mr. Braddon and I only ask Questions as they are in my Breviate L. C. J. But Sir if you have any thing in your Breviate that reflect upon the Government you ought not to vent it nor shan't be permitted to vent it as long as I sit here Mr. Wallop My Lord with submission I hope I never did nor never shall let any such thing come from me L. C. J. Nay be as angry or as pleased as you will 't is all one to me you shall not have liberty to broach your Seditious Tenets here Mr. Braddon Mr. Edwards pray will you answer this Question Did not your Son when he was asked why he denyed it say that it was fear and discouragement through his Sisters Threats was the cause Pray speak the truth Mr. Edwards I cannot tell whether the Child did say so something of that nature he did say Mr. Thompson Call Anne Burt. L. C. J. We have got such strange kind of notions now a days that forsooth men think they may say any thing because they are Counsel I tell you Mr. Wallop your Questions did reflect upon the Government as though the King had a mind to turn a man out of his employment if he did not swear a falsity What can be a greater reflection than that But all the matter is what has been done must be avouched and justifyed though it be never so ill But we plainly see through all This was the design from the beginning the King and the Duke of York were in the Tower at that time and it must be thought and believed that they had designed this matter and so then all people must be ruined in case they would not say the Earl murdered himself tho indeed others had done it Mr. Wallop Mr. Edwards did not delight to have such a Report as might create trouble first come out of his House Mr. Braddon My Lord As to the making such an inference or any reflection as your Lordship mentions I am as far from it as any body here L. C. J. We must give a wonderful deal of countenance to such barbarous and horrid practises and I warrant you must suffer the Government to be reflected upon at the will and pleasure of every man No let us hear the Truth but not in the face of a Court permit men to asperse the Government as they please by asking such Questions Mr. Att. Gen. And the Witnesses say nothing to it neither L. C. J. No nothing at all like it but 't is aspersion for aspersion sake And we must sit still and hear it Mr. Wallop My Lord I think 't is for the honour of the Government to have all things fairly inquired into L. C. J. And 't is for the honour of all Courts of Justice not to suffer reflections upon the Government let them be by whom they will And in Gentlemen of the Bar 't is worse than others Mr. J. Withins Truly I do not see where there is any countenance for asking such a Question L. C. J. No but some people are so wonderful Zealous Mr. Wallop My Lord Zeal for the Truth is a good Zeal L. C. J. It is so but Zeal for faction and sedition I am sure is a bad Zeal I see nothing in all this cause but villany and baseness And I believe no man that has heard it but will readily acknowledge that it appears to be an untoward malicious ugly thing as bad as ever I heard since I was born on purpose to cast an indignity upon the King and Government and set us all in a flame Then Anne Burt appeared and was Sworn Mr. Braddon Mrs. Burt I desire to know what discourse you had with Mrs. Edwards and that Family Mr. Att. Gen. I beg your pardon for that Here Mrs. Edwards is her self to tell what she has said Mr. Braddon I desire to know what discourse she had with any of the Family Mrs. Burt. I went to make a visit to Mrs. Edwards and I had not been there half an hour but in comes this Gentleman now I had asked no Questions about the business but in he comes and desired to speak with Mr. Edwards Mr. Edwards was called and when he came in with Mr. Edwards the Gent. sat down in the Room and told Mr. Edwards he had heard a Report of something his Son had spoken but he desired to have it from his Sons own mouth and the Boy was called in this is a real Truth Sir for I do not know whether I may stir from this place where I am alive or no And when the Boy came in the Gentleman said to him if it be true that you have reported own it if not do not own it for said he 't is a dreadful thing to be found in
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
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