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
he has given you an account of The next Evidence is Sir Henry Capel who tells you That Braddon comes officiously and tells him He had some discovery to make about the death of the Earl of Essex and you hear that poor Gentleman being related to this unfortunate Noble Lord was at the first time very much under surprize being in such great affliction as one Brother must needs be for another Nature obliges People to a great concern for such Accidents and he says he is not able to give an account what he said or did at that time or what Braddon did particularly say to him But when he came the second time to him he was a little more sedate and calm and then he does remember he told him If you have any thing of this nature to say Go to a Secretary of State it is his business to inquire into this Affair and 't is not the business of every particular private man because these are Matters that concern the Government But Braddon pretended forsooth it was his Zeal and his great Conscience that made him to be thus transported and to be so eager for carrying on this Prosecution The next Witness Gentlemen that you hear of is the Gentleman that seized upon Mr. Braddon in the Country and that is Mr. Beech who brought him before a Justice of Peace one Ayres that it seems is since dead and in his Pocket he found a Letter from the other Defendant Speke which is the only thing indeed in the Evidence that does affect that Gentleman and what that Letter is you have heard it read and for your better satisfaction because the Language of the Letter is pretty extraordinary if you have a mind to have it to peruse while you are here in Court you may have it with you I suppose you remember the substance of it commending the great Integrity Courage and Magnanimity of this Gentleman Mr. Braddon thanking the Person to whom it was writ for his great kindness to him and his Friends how they did hope to be able to get the Murder of my Lord of Essex tryed before any in the Tower could come to their Tryal That the Tide ran strong against them And pray you must take notice I have given him a hint he must go by another Name by the Name of Johnson and not by the Name of Braddon for a lack-a-day he would be stabbed in these dangerous times or knocked on the head if he be known by his own Name Mr. Braddon would be thought a man so considerable in the World for his Zeal for truth and the Protestant Religion that there was very great hazard of his being murdered we live in such perillous times Gentlemen This is to amuse and affright people and to put odd thoughts and jealousies and fears into the minds of the Kings Subjects which was the beginning and rise of the late Rebellion which we have all reason to remember with horrour that Rebellion that in the Issue of it brought the late King of blessed memory to the Scaffold And therefore we must have a great care of such things growing upon us now And pray Gentlemen mind the Stile of the Letter We have many thanks to give you for your care of Vs and countenance you have given to Vs and We don't doubt We shall be able to carry on the business of the Earl of Essex notwithstanding that the Tide runs strong against Vs We hope this and We hope that and t'other and so makes himself a Party And he recommends him in particular to Sir Robert Atkins to whom the Letter was written to advise him in the matter he went about which by the way you see was to pick up false Evidence to carry on this wicked design And I must tell you Gentlemen If Mr. Speke was given to believe a Lye and did write that Letter with a design to have that Lye spread abroad he makes himself a party and he is as guilty in every Circumstance as the other as to the design in general laid in the Information though not equally guilty about the management of the Witnesses And it is the Letter only that particularly affects him But I tell you If in case you think he was surprized in the thing or did it ignorantly or innocently without any Concern though he seems to have a wonderful concern in his Letter and very zealous he seems to be in the prosecution of this business you are to acquit him But if he did contribute to the design of spreading this false report he is as guilty of that part as Mr. Braddon though he be not guilty of Suborning the Witnesses But the Evidence against Braddon goes farther There is not only the Evidence of this Letter which speaks plain enough as to this design but you find also about him all the Informations that have been read The Information of this Boy of thirteen years of Age the Information of the Girle of thirteen years of Age There was also taken in his Pocket a Letter from one Burgis a famous Pin-maker of Marleborough written to one Cumpen a Post-Master at Froom in this manner Pray call to mind such a business of hearing such a report of my Lord of Essex's cutting his throat upon Friday the thirteenth of July last Pray recollect such a thing and impart it to this Gentleman the Bearer This likewise was intrusted with Mr. Braddon But it seems the man had gone and writ his Letter and had put in the sixth day which happened to be a week too soon and this must be rectified by Mr. Braddon himself he being a great Companion of Mr. Braddon's for it seems he had such a confidence in him that upon his Report he came down from London to Marleborough though now indeed they pretend they never knew one another before But it is proved he confessed he had such a regard to his report that that brought him down from London He had as I was saying put it down the sixth at his first writing and I believe as to the thing it self it was as true the sixth as any other time and the sixteenth and the twenty sixth is all one to such people And this Letter he tells you himself was writen six weeks after but Mr. Braddon must correct it No says he you mistake it must be the thirteenth it must not be the sixth the sixth would not do the business for the thirteenth was the day that he was murdred and so he was forced to interline it the thirteenth to make it to humour the story for the Lye would not pass so well if it had been put upon a day so long before but to make the Lye a correct Lye and to humour the rest of the Evidence Mr. Braddon comes and informs him it must be the thirteenth That was the next piece of Evidence that was given and I think the substance of the Evidence of the whole matter given against the Defendants for the King
seditiously did conspire together to make the Kings Subjects believe That the Inquisition aforesaid was unduly taken and that the said Earl of Essex did not murther himself but was by certain Persons unknown in whose custody he was murthered And it further sets forth that these Defendants Laurence Braddon and Hugh Speke designing to disturb and disquiet the minds of the Kings Subjects and to spread false reports did conspire to procure certain false Witnesses to prove that the said Earl of Essex was not a Felon of himself but was by some Persons unknown killed and murthered And to perswade other Subjects of our Sovereign Lord the King to believe the said Report they did falsly malitiously Unlawfully and Seditiously cause to be declared in Writing That the said Laurence Braddon was the Person that did prosecute the said Earls Murther And this was to the great Scandal of the Government to the evil Example of all Persons in like case offending and against the Peace of the King his Crown and Dignity To this the Defendants have pleaded Not Guilty if we prove it upon them we make no question you will find it Mr. Att. Gen. May it please your Lordship and you Gentlemen of this Jury Mr. Speke and Mr. Braddon these two Gentlemen are accused of as High Conspiracy as ever has or could well happen in our days of throwing the Murther of a Person that killed himself upon the Government And I must acquaint you their design was of an higher Nature than barely that for this Gentleman my Lord of Essex was committed to the Tower for the late Plot and being so committed when he had killed himself there that was more than a thousand Witnesses to open the eyes of the People and confirm the belief of the Conspiracy And one would have thought after that there had been an end of the design that these Protestant Gentlemen as they call themselves were carrying on when the Earl of Essex a Person of that Quality and Worth should go to Murther himself upon the sense of what he was Guilty of So that the Design Gentlemen was to stifle the Plot and at the same time they must throw this ill thing that the Earl had committed upon himself upon the Government that Gentlemen was the main disgrace in order to stifle that great Evidence of the Plot. And Mr. Braddon must of his own head not being put on by any of the Friends of the Earl of Essex who were all very sensible the Earl had done this Fact committed this Murther upon himself but I say he out of a true Principle to manage the Protestant Cause as they call it but indeed it was the Plot he becomes the Prosecutor of this business and you will find him by the proofs in the Case a man of many like Projects For you will find him value himself upon these Titles That he is the Prosecutor of the Earl of Essex's Murther and the Inventor of the Protestant Flails an Instrument I suppose Gentlemen you have all heard of Now Gentlemen to make this appear to the World Letters are sent into all Parts of England of this Bruit and Report He himself goes about to find Evidence for it was so great a truth and there was such a plain proof that the Earl of Essex had killed himself that he must labour it to get Evidence And he goes about it accordingly and at length he meets with a little Child of Twelve years of Age and he prepares for him all with his own hand-writing a Deposition which is a feigned Story all of it and in every part of it will appear to be false and there he mightily solicits this young Boy to sign it He comes to his Fathers House carries him in a Coach forces him away and forces him to sign this Paper that he had thus prepared for him all of his own invention and writing and with the like confidence as he appears here for so he does appear with very great Confidence as you may observe he attests it himself And Gentlemen we shall shew you that here up and down the Town he makes it his common discourse what he was in hand with and makes his boast of himself to be the Prosecutor of the Earl of Essex's Murther and he had as good a Confederate as himself Mr. Speke and he having an Interest in the Country whither the news must be sent all abroad and Mr. Braddon must go to pick up Evidence I know not where a great way off of a Murther committed in the Tower We shall prove to you he had Letters Missive and recommendatory from Mr. Speke to a Gentleman with whom Mr. Braddon was to advise for they looked upon it to be as dangerous an Enterprize almost as the Plot it self as indeed it was therefore they must be wary and Mr. Braddon is advised to go by a wrong name so this Mr. Speke and Braddon were to carry on and make up this Tragi-Comedy for I can call it nothing else for the ridiculousness as well as the dangerousness of the Design The report was to be that this Murther of the Earl of Essex was committed by the Officers that attended my Lord and to fall out in time when his Majesty was in the Tower as if the King himself had a hand in it We shall trace it in all the parts of it by several Witnesses and hope you will make them an Example first by finding them Guilty and the Court afterwards by a severe Punishment for such a villainous practice to scandalize the Government with the Murther of a Noble Peer We shall begin with shewing you the Inquisition or rather first with the Convictment of the Earl of Essex for High-Treason because that is said in the Record by way of inducement Call Mr. Reynolds who was sworn Have you the Warrant of Commitment of my Lord of Essex Mr. Reynolds Yes Mr. Att. Gen. Shew it the Court. Let the Clerk read it Mr. Reynolds This is the Commitment that was delivered the Lieutenant of the Tower together with my Lord of Essex Cl. of Cr. This is directed to Thomas Cheek Esquire Lieutenant of his Majesties Tower of London Subscribed Leolin Jenkins and dated Sir Leolin Jenkins Knight of his Majesties most Honourable Privy Council and Principal Secretary of State THese are in his Majesties Name to will and require you to receive into your Custody the Person of Arthur Earl of Essex herewith sent you being committed for High-Treason in compassing the Death of the King whom God preserve and conspiring to Levy War against His Majesty And him the said Earl of Essex to keep in safe custody until he shall be delivered by due course of Law And for so doing this shall be your Warrant Given under my Hand and Seal at Whitehal the 10th day of July 1683. L. Jenkins To Thomas Cheek Esquire Lieutenant of His Majesties Tower of London Mr. Att. Gen. My Lord we will then read the Inquisition that the Earl
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
Mr. Braddon What was that tell the Court. Mrs. Smith I chid her because she had been playing That is all I can say Mr. Justice Withins Did she tell you the Soldier cried out for some body to come and take up the Razor Mrs. Smith I cannot say that Mr. Just Withins Did she say she saw a Razor thrown out of my Lord of Essex's Window Mrs. Smith She said she saw a Razor thrown out of a Window I can't tell whether she said out of my Lord of Essex's Window Mr. Freke Did you set your hand to that Paper L. C. Just Were you a Witness to that Paper Mrs. Smith There were others heard what the Girl said as well as I. L. C. Just Who desired you to sign it Mr. Freke Who writ that Paper Mrs. Mrs. Smith Pray excuse me Sir I do not know Mr. Freke Did you see it writ Mrs. Smith No. L. C. Just No it was one got ready drawn by Mr. Braddon Mr. Just Holloway Pray let the Boy 's Information be read again for I observe there is a difference she says the Razor fell within the Pales the Boy says it fell without L. C. Just Ay ay the one says it was the inside the other the outside of the Pales Then the Information was read L. C. Just Go on now and ask your Questions Mr. Braddon Did the Girl say That after the Razor was thrown out the Soldier cried to some body to take it up Mrs. Smith Sir I can say no more than what I have said Mr. Braddon Did she or did she not Mrs. Smith Pray Sir excuse me I have spoken what I know Mr. Att. Gen. You may see how he has managed this matter my Lord by his urging the Witnesses with Questions they know nothing of L. C. Just Yes yes we see he would fain put words into their mouths Mr. Att. Gen. Mrs. Did you send to Mr. Braddon to inform him of what the Girl had said or did he come to you Mrs. Smith Sir I never saw him before in my days Mr. Att. Gen. He came first to you then Mrs. Smith Yes he hearing of it came as a stranger to me Mr. Braddon Did I directly or indirectly offer you or your Neece any thing Mrs. Smith No never in this World Mr. Braddon Did I ever desire her or you to say any thing but what was true Mrs. Smith No Sir You ever encouraged the Girl to speak truth and bid her speak nothing but what was truth Mr. Att. Gen. You need not pay dear for a Lie you are like to pay dear enough before you have done Mr. Braddon My Lord As to personal knowledg I am as much a stranger to this matter as any body here and in all my Concern in it I have done nothing but what was very fair L. C. Just. Mind your Defence Mr. Braddon and leave commending your self or if you will rather commend your self by your Actions than your Expressions One good Action is worth Twenty good Expressions Mr. Braddon Swear William Glasbrook which was done L. C. Just Well what do you ask him Mr. Freke My Lord We desire to know of him whether he was by on the 13 th of July when the Girl gave this Report Mr. Glasbrooke I was up two pair of stairs when she came in L. C. Just What is your Name Sir Mr. Glasbrooke William Glasbrooke Cl. of Cr. Ay here is his Information among those that were taken about Braddon Mr. Glasbrooke She came in to her Aunt that went out just now before me and I heard her very loud with her Aunt saying the Earl of Essex had cut his Throat in the Tower Her Aunt chid her upon it and her Aunt chiding her she said she was sure it was true for she saw a bloody Razor with a bloody hand thrown out of the Window Mr. Freke Was this the day of my Lord of Essex's Death Mr. Glasbrooke It was the day the King was in the Tower and as was reported the day he was killed Mr. Braddon Were you present when I first discoursed the Girl Mr. Glasbrooke Yes Mr. Braddon Had you ever seen me before or no Mr. Glasbrooke No. L. C. Just Did she say my Lord of Essex cut his Throat at that time Mr. Glasbrooke Yes L. C. Just Are you a Witness to this Paper Did you set your hand to this Paper Mr. Glasbrooke To the Paper Mr. Braddon writ I did I am a Witness to that L. C. Just. Then read his Information Cl. of Cr. Reads Mr. William Glasbrooke does declare That one Jean Lodeman aged about Thirteen years inhabiting in the same house where he the said William Glasbrooke lodged did on Friday the 13th of July last past between Ten and Eleven in the morning in the presence and hearing of him the said William Glasbrooke declare to her Aunt That the Earl of Essex had cut his throat upon which her Aunt was very angry with her whereupon she the said girl did declare That she was sure of it for she saw him throw the Razor out of the Window and that the Razor was bloody and that she heard two groans or shreeks which of the two words she used he the said William Glasbrooke is not certain Of this he the said William Glasbrooke is ready to make Oath L. C. Just. Now my Lord of Essex cut his own Throat and after threw the Razor out of the Window Mr. Glasbrooke 'T is what the Girl did declare Mr. Att. Gen. Does not this Girl usually tell Lies Mr. Glasbrooke I have before that time taken her in a Lie Mr. Att. Gen. Did you acquaint Mr. Braddon with that Mr. Glasbrooke I cannot tell that I did Mr. Att. Gen. Do you remember that you told Mr. Braddon That she was a Girl that told Truth Mr. Glasbrooke No I never did that for I was always of another perswasion about her Mr. Sol. Gen. He never was of that Temper to praise her he was always of a contrary perswasion L C. Just. I 'le assure him that I am of his Opinion too I do believe she is a lying Girl and hath told us a company of Lies now Mr. Braddon These Two Children told me they never saw one another till they were examined at Council L. C. Just. Well well go on with your Witnesses Mr. Braddon Where is William Smith who appeared and was sworn I desire to know of you Mr. Smith what you heard the Girl say when I was there Mr. Smith I heard the Girl tell us That she saw a hand cast out a Razor and either the hand was bloody or the Razor I can't tell which but she said it was out of the Window where she said the Earl of Essex lodged L. C. J. Did she say the Earl of Essex did it himself Mr. Smith She said she saw an Hand cast out a Razor L. C. J. Did she tell you it was the Earl of Essex's Lodging-Window Mr. Smith She said it was that Lodging L. C. J. Ay but
has gone so far that at Winchester when I was there in the Circuit I was told that his Doctrine had obtained so much in that Country especially about that place whence some of his Witnesses came I mean Andover that there was a Woman that was here the other day Mrs. Drake being at Conventicle held forth that my Lord of Essex was murdered while the King was in the Tower and that God was the Avenger of Murder and had found out a proper Person for the Prosecution of it that was Mr. Bradden and this snivelling Cant prevailed at the Conventicle It is no such smirking matter as you make it Mr. Bradden I assure you Mr. Bradden My Lord if I did know my Self to be under any Guilt I would very readily and humbly acknowledge it L. Ch. Just Well I see a great many of the Party about you I can spy them out though they think they are not seen but they shall know we will not suffer such Monsters as these to go without due Punishment Mr. Just Wythins He stands upon it he is innocent still notwithstanding all that was proved and the Juries Verdict L. Ch. Just Yes alack a day he wipes his Mouth and has not so much as eaten I 'le warrant you Mr. Just Wythins I expected you would have been sorry Mr. Bradden for what you had done and expressed some Penitence but it seems you are very innocent Mr. Bradden I did not directly nor indirectly offer any thing to induce the Children to give their Testimony nor was any such thing proved I know my own Innocency Mr. Att. Gen. The Jury have found it otherwise L. Ch. Just And that upon a fair a full and a convincing Evidence and no man in the World can make any doubt of the truth of that Verdict but he that had a share in your Guilt or in that that it had a tendency towards I mean that Horrid Conspiracy And I assure you Mr. Bradden you tread upon the very heels of it smirk at it and be as merry about it as you will Mr. Bradden If I did not know my own Innocency then I had reason to be troubled L. Ch. Just Your own Innocency If you did not know your own Impudence you mean 't is that only that makes you Smirk and Smile at such things as these Mr. Just Wythins Mr. Bradden when you were advised by Sir Henry Capel to take a prudent and a good course to go and leave it with a Secretary of State you would not take that Advice but you would go your own way and you would turn Examiner and Prosecutor your self when he that was the Earls Brother and was sure more concerned than you thought it fitter to go that way L. Ch. Just We remember what Sir Samuel Bernardiston in his Letter speaks of this matter Mr. Bradden he was got off why they dare not meddle with Mr. Bradden he is such a dreadful man and his Party are so considerable that we dare not meddle with them and the TORIES are all cast down alack a day because these Fellows can't cast down the Government therefore all honest men must be cast down and not dare to meddle with them but they shall see we are not so much cast down but we are able to reach the highest of them What Condition is this man in I speak in point of Estate for his other Conditions we know what they are his Tryal will satisfie any man of that Mr. Att. Gen. He is the Eldest Son of a Father that has a good Estate Mr. Williams He is then but Heir Apparent Mr. Bradden No I am a younger Brother Mr. Williams It seems he is but the Second Son and a young Gentleman Mr. Bradden My Father has an Elder Son alive L. Ch. Just I remember particularly 't is said in one of the Letters That he was a Man of 7 or 800 l. a year Cl. of Cr. That was in Mr. Speke's Letter He says his Father had so much Mr. Bradden That is in Mr. Speke's Letter but that is not true L. Ch. Just I don't know truly that may be as false as any thing else you went about to have these Children Swear but I 'le undertake it if thou hadst told the little Girl that he had 800 l. a year she would have been as ready to have Sworn it as the other Mr. Just Wythins 'T is a wonderful thing Mr. Bradden you could bring no body to come and testify these things but those two little Children L. Ch. Just But oh what a Happiness it was for this sort of People that they had got Mr. Bradden an honest man and a man of Courage says Mr. Speke a man a propo and pray says he to his Friend give him the best advice you can for he is a man very fit for the purpose and pray secure him under a sham Name for I 'le undertake there are such Designs upon pious Mr. Bradden such Contrivances to do him a mischief that if he had not had his Protestant Flayl about him some body or other would have knocked him in the head and he is such a wonderful man that all the King's Courts of Justice must needs Conspire to do Mr. Bradden a mischief a pretty sort of a man upon my word and he must be used accordingly men that arrogate and assume to themselves a Liberty to do such kind of things must expect to fair accordingly Mr. Just Wythins Mr. Speke is not found Guilty of the Subornation Mr. Att. Gen. He is found Guilty of all but the Subornation he is found Guilty of Conspiring to spread the Report The Subornation will require another sort of Punishment L. Ch. Just Ay but there is a difference between them The Crime was very great in Mr. Speke tho' not so great as in Mr. Bradden and I am sorry that Mr Speke should be concerned in it and should take such care about such a business with all that Piety and Zeal for Religion he expresses in his Letter to Sir Robert Atkyns Mr. Justice Atkyns that was that he should recommend him to have a wonderful care of him and then thank him for his kindness shewed to Our Party So he makes himself to be of the Party and makes this the business of the Party and so makes himself to be a sharer in the business for 't is We thank you for your kindness to Vs and the Tide is strong against Vs and We hope we shall be able to bring the business of my Lord of Essex upon the Stage before they do any of those in the Tower So Mr. Speke makes himself a Party in the business And I am mighty sorry that when he comes to be asked the Question How he came to Write this Letter he should tell us He had been at the Tavern and did not know what he Writ but does not say he recollected afterwards It seems he used to be often at the Tavern and had been there when he writ this
my self in it any further at all than Writing the Letter which I did not well know what I Writ L. Ch. Just Well have you any more to say Mr. Speke Mr. Speke No my Lord. L. Ch. Just Have you any more Mr. Bradden Mr. Bradden My Lord I have only this to say for my self It has not been proved directly or indirectly That I used any evil Arguments to perswade these Witnesses to testify what was false but I dealt with them with all the Candour that any Person in the World could use and used all the Caution that I could to hinder them from speaking any thing that is false There has been nothing proved of evil Practice used by me and I desire the Gentlemen of the Jury to take no other notice of any thing that has been or shall be spoken but what has been Proved L. Ch. Just Gentlemen of the Jury The Evidence has been very long that has been given both for and against the Persons against whom this Information is exhibited 'T is an Information exhibited by the Kings Attorney General in His Majesties Name against Lawrence Bradden and Hugh Speke And the Information does set forth That the late Earl of Essex Murdered himself in the Tower and that thereupon there was an Inquisition taken before the Coroner that did find that he had so Murdered himself he being before that time Committed for High Treason in Conspiring the death of the King and levying War to disturb the Government And these Persons did render that Inquisition as tho' it had been Fraudulently and Irregularly obtained and also to breed ill Blood and spread false Rumours among the Kings Subjects by endeavouring to perswade them to believe That the Earl of Essex was Murdered by some other hand and had not Murdered himself and had procured false Witnesses to testify some such matter in order to the spreading about that false Rumour This is the Substance of the Information To this Information they have both pleaded Not Guilty and the Evidence as I was telling you has been somewhat long but according to the best of my Memory and for the assistance of yours I will mind you of as many things as occur to me that have been said against them and what has been said on their behalf I mean so much of it as is Evidence For I must tell you all Hear-says and common Discourses of other Persons is not Evidence and I will give you that Reason that is sufficient to satisfie any man that is Unbiassed That if in case the Person that so told the Story had been here if he had not told it upon Oath you could not have believed that Person Therefore surely there is less credit to be given to him that tells a Tale out of another bodies mouth And I tell you this because there has been great Allowances given and ought to be when people are accused of such great and weighty Crimes for these are monstrous Crimes that these Gentlemen are accused of but 't is you that are to try whether they are Guilty or not Certainly there is scarce in Nature a greater Crime that can be committed than This that is now before you for I think Robbery or any other such Felonies are not such monstrous Crimes in their true real Weight tho' in consideration of Law in respect of Punishment they are greater yet in point of Crime they are surely less for to spread false Reports in order to raise Sedition Ill-will Heart-burnings and Jealousies in the Kings Subjects against the Government and to suborn Witnesses to that evil purpose is surely a much greater Crime than robbing on the High-way Now Gentlemen 't is not unknown to most of you what indeavours have been of late made to possess the minds of the King's Subjects of great Injuries designed to be done them by the King or His Authority And in order to foment Differences and Misapprehensions between the King and his People and among the People between one and another all Arts have been used to Proscribe People that they are minded to Expose Those they bare ill will to must be called Papists or Papists in Masquerade but They and their Confederates are the Sober Party the true Protestants as if there were none Sober or True Protestants but such as are Factious and Troublesom in the Government But by these things they bring an Odium upon the Name of a Protestant their aim is by distinguishing to divide us whereas if they were Protestants in truth the true Church of England Protestants they would have another behaviour they would learn to obey and submit to Authority and not go buzzing from House to House and spreading false Reports but study to be quiet and do their own business And tho' Mr. Bradden made use of the 5 th Chap. of the Acts to the Child he would have done well to have taken notice of some other parts of Scripture that are as much Scripture as That that enjoyn Obedience and Submission to the Magistrate and being quiet and minding his own business it's odds he had never come to that trouble he is now likely to meet with But the Crime he is accused of carries all the Venom and Baseness the greatest inveteracy against the Government that ever any Case did that I have met with For it s insinuated That because the King and the Duke were walking in the Tower that day and near that time when this unfortunate thing happened now it must be whispered as though the King and the Duke had designed this Murder How Base How Devilish and Hellish a Design is this But yet this must be spread about and endeavoured to be distilled into the minds of the Kings Subjects But besides Gentlemen you are to consider as was opened by the King's Counsel to what this thing tended for in as much as there was an horrid bloody Conspiracy to take away the life of the King and of his Dear Brother his Royal Highness the Duke of York And forasmuch as several persons have been duely executed for that Conspiracy who were concerned along with this unfortunate Lord I cannot help the naming of it though I am sorry for his misfortune for the sake of that Honourable Family but rather than he would abide his Tryal God knows what other reason he had but the probability of the thing speaks it he being conscious the great Guilt he had contracted in being concerned in such a Conspiracy made him destroy himself And 't is easie to imagin how far that might prevail upon him it being done immediately after my Lord Russel who was one of the Conspirators with him was carried to his Tryal It cannot be thought but it was to prevent the methods of Justice in his own particular Case And Gentlemen there was Digitus Dei in it and it is enough to satisfie all the World of the Conspiracy though we live in an Age wherein men are apt to believe only of one side they can believe
the greatest Lye if it makes for the advantage of their party but not the greatest Truth if it thwarts their Interest But because Mr. Attorney has produced his proofs to manifest that this Lord murdered himself I will take notice a little of it because it may have some good effect to undeceive some that have been imposed upon Not for my own satisfaction I thank God I am satisfied and so I believe are most honest men but that silly people may not be imposed upon by every busie fellow for the future that takes the liberty to run about and spread false News and that men may be aware of such fellows and may not be decoyed any more by such false pretences it was therefore fit that Evidence should be given of the truth of the Fact that that Gentleman did murder himself And the Evidence is this Besides the Inquisition which was taken upon the Oaths of several persons of Quality as you hear upon the reading their Names several of them were Esquires and men of Note 't is here also proved by the Testimony of his Servant that attended him how he came to his untimely end And Gentlemen I would observe 't is Sworn by his Servant one that had lived six years with him not an upstart or a wandring fellow but one whose integrity and fidelity to my Lord was confirmed by six years experience of his service Then here is the Wardour that was at the Door here 's the Souldier here 's the Master of the House who are all the persons that probably can give any account of the matter and they tell you positively that no one did go up and down but this Frenchman who was his Valet de Chambre And the Wardour tells you that he coming to the Door and knocking at the Door and hearing no one Answer did endeavour to open the Door but it was so fast by my Lords feet that he could open it but a little and looking in discerned blood and that made him make Acclamations as the Wardour calls it Orations which brought all the people in the house thither and they gave the same account that he does And 't is likewise fit to be taken notice of that the window of this Closet looks into a private Yard where no strangers usually come and where no Coach could come and that the Pales were so high that in case a Man were desirous to throw any thing out it were impossible to cast it above three Foot And if there could no Coach at all come into the Yard as it is plain there could not for there is no door save only a back house door then this must needs be a lie that was spread abroad And 't is beyond all peradventure true that my Lord of Essex did murder himself Now to have so great a truth as this to be perverted and to reproach the Government with falsities is the most malicious thing in the World If in case the Law has made it penal for any man to scandalize any one private person as it has and if it be by Law much more penal to scandalize a Noble Man how much more ought it to be when the King and the whole Government is thus scandalized Now to come to the Fact as near as I can recollect I will give you an account of what Evidence has been given of the one side and of the other But this I thought fit to premise because there will some Circumstances fall out fit to be taken notice of in the Evidence especially about the Window in Captain Hawleys Yard and House which may be cleared this way In the first part of the Evidence for the King they call a Witness to prove the Earl of Essex's Commitment which is part of the Inducement in the Information But for the Information it self there is this Evidence First Evans he comes and tells you how that he had heard at the Custom-house from Edwards the Father of this Boy as though there had been a report came to him from home at ten a Clock that morning my Lord of Essex cut his Throat of a Razour thrown out of my Lord of Essex's Window That he came to him in the afternoon again and in the afternoon told him He had examined the matter further and his Boy confirmed the truth of it He says that after this Mr. Bradden and another man one Mr. Hatsell if I am not mistaken in his name came to the place where he was in Essex and there they had some discourse about my Lord of Essex's death and there Hatsell took out of his Pocket a printed Copy of the Inquisition and Mr. Bradden was then in the Room but he says he thinks Mr. Bradden at that time took no manner of notice of it but walked about the Room But he saies the Inquisition was read while he was in the Room and Evans said something about the report he had heard which did seem to contradict that Inquisition But some time after he saies that he being at the Coffee house Bradden and Edwards came to him into the Coffee-house and there they began to talk Edwards said that Bradden had been with his Child to examine him to bear Testimony about flinging the Razour out at Window He was very full of the word Matter and tossed that to and fro but at length the Substance of his Matter was that Report of the Boys and he advised them to forbear talking any farther to him about the Matter for it might do Edwards and Bradden both an injury and he had read the Inquisition which was quite contrary That was all he could say Then comes Edwards and the Substance of what he says is this That he first heard it from his Family and afterwards the Boy confirmed the truth of it but then afterwards he heard he had denyed it which was after Bradden had been there to inquire about it And then he says Bradden came to him again and then he had got a Note dictated by himself and not by the Boy but at first he tendred it to the Boy and the Boy refused to put his hand to it and Mr. Bradden came again another time though he was told the Boy had denyed it as he heard and then the Boy did set his Hand This is the Substance of what Edwards says He does say indeed the Boy used to tell lies very often to make excuses when he played Truant and that his Family told him the Boy was often guilty of telling of lies Then the next Evidence is the Evidence of the Boy himself He it seems is thirteen years of Age certainly any man that had been of an upright mind and Conscience as Mr. Braddon pretends to be and would have you Gentlemen think him so would have it thought that he was full of honesty and integrity to the Boy when he baited his Hook with a Text of Scripture about the danger of telling a Lye and Have a care Child of telling a Lye